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HomeMy WebLinkAboutBond 6 PRELIMINARY ENGINEER'S OPINION OF PROBABLR TOTAL PROJECT COST FOR POSADOS CAFE COLLEGE STATION The C. T. Brannon Corporation 06-019 (30) ITEM DESCRIPTION AND UNIT PRICE ESTIMATED UNIT TOTAL QUANTITY PRICE PRICE l NO. Water: 01020A Furnish and install trench excavation protection 1 LS $ 500.00 $ 500.00 per OSHA requirements for trenches>5-foot in depth complete and in place for 15061A Furnish all labor,tools,equipment, materials, and 256 LF $ 15.00 $ 3,840.00 any other requisite necessary to install 6-inch AWWA C900 DR-18 PVC water main complete and in place for 15061B Furnish all labor,tools,equipment, material, 1 EA $ 1,500.00 $ 1,500.00 supervision, insurance and any other requisite necessary to tie into the existing 6"water main including but not necessarily limited to locating existing pipe installing tapping sleeve and valve, and blocking as required complete and in place for 15061C Furnish and install MJxMJ fittings for PVC 340 Lbs $ 3.50 $ 1,190.00 water main complete and in place for 15100 Furnish and install 6-inch MJxMJ gate valve with 2 EA $ 650.00 $ 1,300.00 valve box assembly complete and in place for Sanitary Sewer: 01020 Provide trench excavation safety protection per 185 LF $ 1.50 $ 277.50 OSHA requirements for trenches in excess of 5-ft in depth complete and in place for 02005 Furnish, install and maintain silt fences for 400 LF $ 5.00 $ 2,000.00 erosion control, as required,for 15062A Furnish and install 6-inch SDR 26 PVC sanitary 110 LF $ 16.00 $ 1,760.00 sewer(8 to 10-ft depth)complete with Class B-1 embedment complete and in place for 15062B Furnish and install 6-inch SDR 26 PVC sanitary 75 LF $ 20.00 $ 1,500.00 sewer(10 to 12-ft depth)complete with Class B-1 embedment complete and in place for 15063A Furnish all labor,tools,equipment, material, 1 EA $ 1,500.00 $ 1,500.00 supervision, and any other requisite necessary to construct a standard 4-ft diameter precaste concrete manhole(0 to 6-ft depth)over an existing sanitary sewer main complete and in place for 506 • Wish -.- 'nstall extra vertical height for standard 8.3 VF $ 100.00 $ 830.00 IZ- ___,_,4-"/138.. � er precast concrete manholes ,�,,, , '"-,.-„ :�rftp7a`ce for aV%, F SCI-K R. BYN ' 0 >, it . z' TOTAL BASE BID: $16,197.50 1 r M $ INTERNATIONAL DIV SI N STAND: A 4P CREDIT A NK DEPARTMENT 9700 N.W. 112 AVENUE 3t78,U.S.A,. S TELEPHONE ND t7861 845-4400�-FAX No..( 86 .845-4783 $Wii~T ADDRESsr UFNBU54 MIA- FLEX 6737871 IPBMTA IRREVOCABLE LETTER OF CREDIT Date: October 17, 2006 Beneficiary: City of College Station Attn: `Director of Development Services 1101 Texas Avenue College Station, TX "77840 Irrevocable Standby Letter of Credit No. L070801 Issue Date: October 17, 2006 Expiration Date: October:5, 2007 Ref: Location of Project: College Station, Texas Amount: Twenty Five Thousand Five Hundred Forty Five and NO/100 U.S Dollars ($25,545.00) Account of: " " I s; Gugar Family #2 Ltd, (herein Developer ) 1307 Dominion Plaza Tyler, TX 75703 General Terms & Conditions:'' The Issuing Bank set out above hereby issued its Irrevocable Standby Letter of Credit No. L070801 in`favor'of the CITY OF COLLEGE STATION, TEXAS, in accordance with Chapter 5, V,T.C.A. Texas Business and Commerce Code and pursuant to the Code of Ordinances of the City of College Station, Chapter 9:'' Subdivisions, for the Account of DEVELOPER for an amount of up to Twenty Five Thousand Five Hundred' Forty.Five and NO/100 U.S. Dollars ($25,545,00 . This amount is available by your drafts) payable at sight drawn cin us marked "Drawn under Regions Bank, Letter of Credit No. L070801' when accompanied by the following: 1. Sworn statement by a duly authorized representative of the;City of College Station, Texas, stating that :Developer has/Rave defaulted and failed to complete the performance and construction of the improvements described below in accordance with the Chapter g of the Code of Ordinances of the City of College Station, Texas, and that the proceeds from this Letter of Credit Will either be utilized°by the City of College Station, Texas, to complete such construction or will`'be returned by the City''of College Station to the Issuing Bank. SPECIAL TERMS Q. CONDITIONs: 1 Ali banking fees/expenses/charges incurred are for the account of Developer This Letter of 4" - Credit is issued in conjunction with'the development of Developer in the Cityof college Station, Ay Texaas�► pacifically for the followings elf s .f .� • RIZED SIGNATURE 1kl1TFKlRI2ED"� 1 1 m , t- GIS S R4. s ^S ;';',.'t,j't � & tom � #i BA •NK ' '` , 7,i,,,,,'‘,0*,kt.,,,,:,,,v,;•-'•;9,..-,...i5,17,,,,,;;;;:::‘,..,,,,:„., Letter of Credit No. L070801 Page 2 , To guarantee the payment and performance of the proposed construction of the water, sanitary sewer, storm sewer and street Improvements in Lot 9, Block 1, atewa 5ubdivision, a proposed addition to"the City of College Station, Texas, Y fora period not to exceed'one (1) year from'the date hereof. 2. Disbursements pursuant to this Letter of Credit will never exceed the above-stated amount, less any`amount released by the City of College Station, Texas. The amount of credit under this Letter of Credit` may be reduced upon.approval and acceptance by the City of College Station of completed improvements, which reduction may only be made with the written authorization of the Director of Development Services of the City of College Station. 3. In accordance with `Section 5.106 of the Texas Business and Commerce Code, this Letter of Credit may be modified, upon the execution and delivery to Issuer of a sworn statement giving consent to modification by the Director'of Development Services of the City of College Station. 4. The Issuer of this Letter of Credit has caused this Letter to be;signed by the undersigned officer who has attached proof of his_ - • • A �..to si n, together th attest tion by Issuer's authorized attesting of icer. � � °� �� _ ;.with you that all draft(s) dra under and in compliance with the terms and •i 'ions o 's credit shall be duly honored resented with the original of this credit, at our ice' located at -9700 N.W. 112th Avenue, FL 33178, International Operations, Attn: i dby Letter of Credit Dept., on or before the above stated expiry date. Draft(s) drawn under .s credit must specifically reference our credit number. fi cept as otherwise expressly stated herein, this Letter of Credit is subject to International ndby Practices, 1998, ICC`Publication No. 590 ("ISP98"). Effective November 1st, 2x06 our mailing address Wilt be changed. - irect all of your correspondence attar that date to our new address: 10451 NW 117th Avenuer'2nd Floor, Miami,FL 33178 Issuer: Regions Bank, 1 Glide Villar, Assistan e Pr datooidem Medardo Suarez, 1./C Specialist II Attested by: AUTHORIZED$N�WAA1tJRE + -® : RE The Br n Corporation 13 - TYLER,TEXAS 75701 : 903/597-3346 COVER SHEEFAX 1ATE: 07 N TO: Mrs i'AX NO.:W1E: Letter o t FROM: Kirk R.Bynum, YOU SHOULD RECE 3 PAGE(S),INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES,PLEASE CALL(903)597-2122. COMMENTS: Mrs. Carol, Attached please find the revised Engineer's Opinion of Probable Total Project Cost for the above referenced project. The opinion of cost is based on the Engineer's experience and qualifications taking into consideration the best information as of 14 September 2006 following the City of College Station's initial review of the plans. However,the Engineer has no control over the cost of labor and materials,changes in governmental policy ,nor over the competitive bidding process and market conditions. Therefore,the Engineer cannot and does not guarantee the accuracy of such opinions of probable total project cost as compared to the contractor's bid. As stated in an e-mail to you this date the cost differential between this opinion of cost and the original opinion provided to the City is directly related to review comments from the City of College Station. Those changes include but are not necessarily limited to the following: an additional fire hydrant,a 6-inch clean-out assembly at the terminus of the sanitary sewer extension to the north property,a 2-in blow-off assembly at the terminus of the water main extension to the north property,changes in the configuration of the water main and the corresponding fittings and valves, as well as the projected cost difference between a tapping saddle and valve versus a"wet cut-in"at the point of connection for the water main extension and the existing water main. If further information or clarification is desired,please do not hesitate to contact me by phone or e-mail. Thank you again for your patience,consideration,and understanding with regard to this project. cc: Michael Gugar,Posados Café From the desk of... Kirk R.Bynum,P.E. The Brannon Corporation FAX OF REVISED EOPTPC.WPD 6 PRELIMINARY ENGINEER'S OPINION OF PROBABLE TOTAL PROJECT COST FOR POSADOS CAFE COLLEGE STATION The C. T. Brannon Corporation 06-019 (30) ITEM DESCRIPTION AND UNIT PRICE ESTIMATED UNIT TOTAL NO. QUANTITY PRICE PRICE Water: 01020A Furnish and install trench excavation protection 1 LS $ 500.00 $ 500.00 per OSHA requirements for trenches>5-foot in depth complete and in place for 15061A Furnish all labor,tools,equipment,materials, and 270 LF $ 20.00 $ 5,400.00 any other requisite necessary to install 6-inch AWWA C900 DR-14 PVC water main complete and in place for 15061B Furnish all labor,tools,equipment,material, 1 EA $ 1,750.00 $ 1,750.00 supervision,insurance and any other requisite necessary to tie into the existing 6"water main including but not necessarily limited to locating existing pipe cutting in tee and installing valve, and blocking as required complete and in place for 15061C Furnish and install MJxMJ fittings for PVC 545 Lbs $ 3.50 $ 1,907.50 water main complete and in place for 15061D Furnish all labor,tools,equipment,material, 1 EA $ 1,250.00 $ 1,250.00 supervision,insurance and any other requisite necessary to furnish and install a 2"flush assembly at the temporary end of the proposed water main including but not necessarily limited to all requisite piping,valves,fittings,valve box,and blocking as required complete and in place for 15100 Furnish and install 6-inch MJxMJ gate valve with 5 EA $ 650.00 $ 3,250.00 valve box assembly complete and in place for 15200 Furnish and install Standard 3-way fire hydrant 1 EA $ 2,600.00 $ 2,600.00 complete and in place for Sub-total Water $ 16,657.50 7%/a/(0/ Project No. PERFORMANCE BOND D665 BOND NO. 4359842 • PERFORMANCE BOND b!,"I 4 THE STATE OF TEXAS KNOW ALL MEN BY TH E,SEPI ESENIS: THE COUNTY OF BRAZOS THAT in, Gateway Six Partners, LTD. Principal, hereinafter caned "Contractor"and the other subscriber hereto Suretec Insurance Co. ,:u Surety, do hereby acknowledgeginetst1rfivco:bre cilli •dcrrTnly' hound to the City of College Station, a municipal corporation,in the s of • .. -• s 225j for,the payment of which sum,well and truly to be made to the City t . l.e -non in•'its successors,the said Contatetor and Surety do bind themselves, their heirs,e-ecutorr,administrators,successors,and assigns,jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS,the Contractor has on or about this day executed a Contract in ar itin with the City of CollegcStarionfor Water & Sewer Utility Extensions at Lot 13, Brock 1 of the Gateway Subdivision, College Station, Texas all of such work to be done as set out in fullin.said Contact Documents therein referred to and adopted by the City Council,all of which are made a part of this irls=urnent as fully and completely as if set out in full herein. NOW THEREFORE,if the said Contractor shall Faithfully and strictly perform Contract in all its terms,provisions,and stipular ons in accordance with ha true mewing and effect,and in accordance with the Contract Docunsents toured to therein and shall comply strictly with each and every provision of the Contract, including all warranties and Indemnities thin and with this bond, then this obligation shall become mill and void and shall have no further force and effect;otherwise the same is to remain in full force and effect. Tt is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the truck of way diligence whatever in securing compliance on the put of the Contractor with the toms of the Contcict,including the making of payments thereunder and,having fully considered it's PsistipaI's competence to perform the Contract in the underwriting of this Perform:mce Bond,the Surety hereby waives any notice to it of any default,of delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all loaners pertaining to the Contract. The Surety understands and agrees that the provision in the Contras that the City of College Station shall retain certain amounts due the Conmactor until the expiration of thirty days from the acceptance of the Work is intended Far the City's bceeiit,and the Cty of College Station shall have the eVat to pay or withhold such retained amounts or any other amount owing under the Conteh without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives arc at liberty at any time,without notice to the Surety,to make any change in the Contract Donumcno and in the Work to be done thcrasader,es provided in the Contact;and in the tenors and conditions tbceof, or to make any change in,addition to,or deduction from the work to be done thereunder,and that such changes,if made,shall not in any way vitiate the obligation in this bond and undertaking or rde:ue the Surety therefrom. Ca'sal Approved-.02/12/U Arad 0A.27/04(q) 6 PRELIMINARY ENGINEER'S OPINION OF PROBABLE TOTAL PROJECT COST FOR POSADOS CAFE COLLEGE STATION The C. T. Brannon Corporation 06-019 (30) ITEM DESCRIPTION AND UNIT PRICE ESTIMATED UNIT TOTAL NO. QUANTITY PRICE PRICE Water: 01020A Furnish and install trench excavation protection 1 LS $ 500.00 $ 500.00 per OSHA requirements for trenches>5-foot in depth complete and in place for 15061A Furnish all labor,tools,equipment,materials, and 270 LF $ 20.00 $ 5,400.00 any other requisite necessary to install 6-inch AWWA C900 DR-14 PVC water main complete and in place for 15061B Furnish all labor,tools,equipment,material, 1 EA $ 1,750.00 $ 1,750.00 supervision,insurance and any other requisite necessary to tie into the existing 6"water main including but not necessarily limited to locating existing pipe cutting in tee and installing valve, and blocking as required complete and in place for 15061C Furnish and install MJxMJ fittings for PVC 545 Lbs $ 3.50 $ 1,907.50 water main complete and in place for 15061D Furnish all labor,tools,equipment,material, 1 EA $ 1,250.00 $ 1,250.00 supervision,insurance and any other requisite necessary to furnish and install a 2"flush assembly at the temporary end of the proposed water main including but not necessarily limited to all requisite piping,valves,fittings,valve box,and blocking as required complete and in place for 15100 Furnish and install 6-inch MJxMJ gate valve with 5 EA $ 650.00 $ 3,250.00 valve box assembly complete and in place for 15200 Furnish and install Standard 3-way fire hydrant 1 EA $ 2,600.00 $ 2,600.00 complete and in place for Sub-total Water $ 16,657.50 7%/a/(0/ Project No. PERFORMANCE BOND D665 BOND NO. 4359842 • PERFORMANCE BOND b!,"I 4 THE STATE OF TEXAS KNOW ALL MEN BY TH E,SEPI ESENIS: THE COUNTY OF BRAZOS THAT in, Gateway Six Partners, LTD. Principal, hereinafter caned "Contractor"and the other subscriber hereto Suretec Insurance Co. ,:u Surety, do hereby acknowledgeginetst1rfivco:bre cilli •dcrrTnly' hound to the City of College Station, a municipal corporation,in the s of • .. -• s 225j for,the payment of which sum,well and truly to be made to the City t . l.e -non in•'its successors,the said Contatetor and Surety do bind themselves, their heirs,e-ecutorr,administrators,successors,and assigns,jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS,the Contractor has on or about this day executed a Contract in ar itin with the City of CollegcStarionfor Water & Sewer Utility Extensions at Lot 13, Brock 1 of the Gateway Subdivision, College Station, Texas all of such work to be done as set out in fullin.said Contact Documents therein referred to and adopted by the City Council,all of which are made a part of this irls=urnent as fully and completely as if set out in full herein. NOW THEREFORE,if the said Contractor shall Faithfully and strictly perform Contract in all its terms,provisions,and stipular ons in accordance with ha true mewing and effect,and in accordance with the Contract Docunsents toured to therein and shall comply strictly with each and every provision of the Contract, including all warranties and Indemnities thin and with this bond, then this obligation shall become mill and void and shall have no further force and effect;otherwise the same is to remain in full force and effect. Tt is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the truck of way diligence whatever in securing compliance on the put of the Contractor with the toms of the Contcict,including the making of payments thereunder and,having fully considered it's PsistipaI's competence to perform the Contract in the underwriting of this Perform:mce Bond,the Surety hereby waives any notice to it of any default,of delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all loaners pertaining to the Contract. The Surety understands and agrees that the provision in the Contras that the City of College Station shall retain certain amounts due the Conmactor until the expiration of thirty days from the acceptance of the Work is intended Far the City's bceeiit,and the Cty of College Station shall have the eVat to pay or withhold such retained amounts or any other amount owing under the Conteh without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives arc at liberty at any time,without notice to the Surety,to make any change in the Contract Donumcno and in the Work to be done thcrasader,es provided in the Contact;and in the tenors and conditions tbceof, or to make any change in,addition to,or deduction from the work to be done thereunder,and that such changes,if made,shall not in any way vitiate the obligation in this bond and undertaking or rde:ue the Surety therefrom. Ca'sal Approved-.02/12/U Arad 0A.27/04(q) • it is further expressly agreed an understood that the Contractor and Surety will fully indemnify and sac hasmlecs the City of College Station from any liability,loss,cost,expense,or damage arising out of or in connection with the'work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both,the Con scaar and Surety agree to pay to the City the actual amounts of attorney's fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brxxos County,Teras. This bond is given in compliance with the provisions of Chapter 2253 of the Tents Government Code, as amended,which is incorporated herein by this reference. However,all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered with actually received or,if earlier,on the third day following deposit in a United State Postal Service pas office or receptacle,with proper postage affixed (certified mall,ictus receipt requested),addressed to the respective other party at the address prescribed in the Contract Documents,or at such other address es the receiving party may hereafter presedbe by written notice to the sanding party. IN WITNESS THEREOF,the said Contractor and Surety have signed and scaled this instrument on the respective dates written below their signatures and have attached current Power of.A.ttarney. ATTEST,SEAL:(If a co •• . 'on) Gateway Six Partners LTD. WI - - : +f not . ..cine.) (Name of Contractor 4.44Il By Names Name:y'r4,14,...tlt" '.1 Title: Titin. 1 ` Date: Cie t�tr'sd ' t'.t-t 1 -071 ATTEST/WrrNESS (SEAL) SureTec Insurance Co. (Full Name of Surety) 952 Echo Lane,, STE 450 Name: Susan Crain (Address of Surety for Notice) Tide V.P. Data 4/18/07 Houston, TX 77024 By Nara= M ael N. R erg TIthc Atty—in—Fact Date: 4/18/0.7 REVIEWED: Tim FOREGOING BOND I5 ACCEPTED ON BEHALF OF TTlE CITY OF COILECE STATION,TEXAS: City Attorney's OfRce Co+wef Approved_02/12/03 Revised O9/27/O4(a) Bond No. 4359842POA#: 4221265 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Michael N.Rudberg,Billie Susan Edmondson-Crain,Jill Allen of r.mas Branch, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name,place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed One Million and no/100 Dollars(S 1,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until October 31,2008 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'"of April, 1999) In Witness Whereof;SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June,A.D.2005. ,.� . URETEC LNSL '4, CE COMPANY SURANC ' `_ w(j;=`q `:� By: 1.1".w i w " n i. Bill King I•nt State of Texas ss: .,\ , co�: <a4. ; County of Harris --' / On this 20th day of June,A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. Michelle Denny tiotay Public . e d Texas 88rcr My Commission Expires Michelle Denny,Notary Pub rc August 27,2008 My commission expires August 27,2008 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 18th day of Apr i 1 ,20 07 ,A.D. 2 / , M.Brent Beaty,Assistant Se, <ry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. • • Project No. PERFORMANCE BOND PERPORMANCE BOND THE STATE OP V...X.AS 4 THE COUNTY OF BRAZOS § KNOW ALL MEN BY THF,SE'PEES : THAT ByE, Gateway Six Partners, LTD, as Principal, hereinafter called "Contemetor"and the other aubscni er hereto iSuretec Insurance CQ s .as Su do hereby acknowledge ourselves to be held and Stmly bound to the Cityof CollegeStan �� corporation,in the sum o ptZo 21,22 well a municipalo 1 ,ii..�,�Ctt ?� �f which sum, and truly to be made to the City of cow...1p triton and its successors,the am etoz and Surety do bind themselves, their heirs,executors,atnioistottvss,set-cm-sots,and assigns,jointly and severally. T CONDITIONS OP SIS OBLIGATION APR SUCH'MINT: WHEREAS,the Contractor has on or about this day executed a Contract in writing with the City of College Station for Water & Sewer Utlit Extensions at .,Ga - tion, College Station, TX R' l MI! all of such work to be done as set out in full in said Contract Documents therein=fared to en.'adopted by the City Council,all of which are made a part of this instrument as fully and completely as if set out in full herein. • NOW THEREFORE,if the said Contractor shall ftirhfuIly and strictly perform Contract in all its terms,provisions,and stipulations in accordance with its true meaeiog and chert and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract; including all v amen cs and indemnities therein and with this bond, then this obligation shall become scull and void and shall have no further force and effect;otherwise the same is to remain in full force and effect Tr is further understood and agreed that the Surety does hereby relieve the City of College Station or its mpresentamtes from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Coatactr including the making of payments thercuoder and,having fully considered it's Principal's competence to perform the Contract in the underwriting of this Performance Bond,the Surety hereby waives any notice to it of any delude,or delay by the Contractor in the performance of his Contract and agrees that it;the Surety, shall be bound to take notice of and shall be had to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract The Surety understands and agrees that the provision In the Contract that the City of College Statioon ahaU retain certain _amounts due the Contractor until the expiration of thirty days flora the acceptance of the Work is intended For the City's baruria,and the City of College Station shall have the tiOat to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives arc at liberty at any time,Without notice to the Surety,to make any change In the Contract Documents and in the Work to be done thereoonder,as provided in the Contract,and in the terms and conditions thereof,or to make any change in,addition to,or deduction from the work to be done thereunder,and that such changes,if made,shall not is any way viria re the obligation in this bond and undertaking or release the Surety therefrom. COVhcil4py v,,ra—.02/12/03 un4es10W2:144N) • it is further expressly agreed en understood that the Contractor and Surety will fully indemnify and save hamlets the City of College Station From any liability,loss,cost,expense,or damage arising out of or in connection with the work done by the Contractor under the Corttrrct. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both,the Contactor and Surety:wee to pay to the City the actual amounts of attomey's fees hacussed by the city in connection with such suit. 1hia bond and all obligations created hereunder shall be perfomaable in Brazos County,Texas. This bond is given In compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended,which is incorporated herein by this reference. I•Iowevux,all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered with actually received or,if earlier,on the third day follcwiog deposit in a United State Postal Service pot offiee or receptacle,with proper postage affixed (certified mall,xstura receipt requested),addressed to the respective other party at the address prescribed in the Contract Documents,or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN=MSS JBSS TREREOF the said Contractor and Surety have signed and scaled this instrument on the respective dares written below their signatures and have attached currentPower of Attorney. ATTEST,SEAL:(if a co .• '..) Gateway Six Partners LTD. • if no .atio%)/ (Name of Contractor By -' frvi! Name' , Name orr--.. emtti LAD. Tide: Dai ,PQ VIA-tom.c., la ATTEST/WfNESS (SEAT.) SureTec Insurance Co. (Full Name of Surety) I33e -, ‘..-~C952 Echo Lane, STE 450 Name Susan Crain (Address of SuretyforNoric) Tide.- V.P. Data 4/18/07 Houston, TX 77024 By; 1� Nance Mic_ all' N. R erg 'rule Atty–in–Fact Das: 4/18/07 REVIEWED:D: TilE FOREGOING BOND IS ACCEPTED ON BEHALF OF TILE CITY OF COLLEGE.STATION,TEXAS: City Attorney's Office Comm!Approved.02/1)/03 Rtvr rd 09/27/04(aJ • Bond No. 4359842 4221265 POA#: SureTec Insurance Company LIMITED POWER OF ATTORNEY Snow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston,Harris County,Texas,does by these presents make,constitute and appoint Michael N.Rudberg,Billie Susan Edmondson-Crain,Jill Allen. of Fumes 13nneh.Texas its true and lawful Attomey(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed One Million and no/100 Dollars($1,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until October 31,2008 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bcaring facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 20th day of June,A.D.2005. • SURANCF, TEC INS r� CE COMPANY No 411 w;wh. I n Bill King"I•nt State of Texas ss: ? �1`'!z County of Harris `I' taw On this 20th day of June,A.D.2005 before me personally came Bill King,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. Michelle Denny 1-;tett Noicry ICAC �,� ��l churn,+ i‘f; • Mate of Texas /f t G' , A4 ' +Iro, kty Canntssion Expires Michelle Denny,Notary Public August 27,2008 My commission expires August 27,2008 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 18th day of Apr i l ,20 0 7 ,A.D. M.Brent Beaty,Assistant Se. ry Any instrument issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. Bond # 810190 Project No. PERFORMANCE BOND PERFORMANCE BOND THE STATE OF TEXAS 5 § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS 5 THAT WE, Brazos Paving, Inc., as Principal, hereinafter called "Contractor" and the other subscriber hereto Insurors Indemnity Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Twenty One Thousand Two Hundred Twenty Five and no/100---- ($ 21225.00 ) for the payment which sum, well and truly to be made to the City of College Station and its successors, the said Contractor nd Surety do bind themselves,their heirs,executors,administrators,successors,and assigns,jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a C9ntract in writing with the City of College Station for Sanitary Sewer & Domestic Water Servicgs Gateway Station —Phase 2A, 2B, all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council,all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms,provisions, and stipulations in accordance with its true m-aning and effect, and in accordance with the Contract Documents referred to therein and shall comply s t1 with each and every provision of the Contract, including all warranties and indemnities therein Ey *th this bond, then this obligation shall .me null and void and shall have no further force and/- ' t;otherwise the same is to remain in full force •- stood, nd agreed tifa Surety does hereby relieve the City of College Station or - cise of an'' dih ence whatever in securing compliance on the part of the .ct, including the making of payments thereunder and, having fully -rform the Contract in the underwriting of this Performance . it of any default, or delay by the Contractor in the performance ety, shall be bound to take notice of and shall be held to have Contractor in all matters pertaining to the Contract. The Surety in the Contract that the City of College Station shall retain certain piration of thirty days from the acceptance of the Work is intended College Station shall have the right to pay or withhold such retained under the Contract without changing or affecting the liability of the eed by Surety that the City of College Station or its representatives are at e to the Surety, to make any change in the Contract Documents and in the 6 s provided in the Contract, and in the terms and conditions thereof, or to m, .,or deduction from the work to be done thereunder;and that such changes,if made, s . . .ate the obligation in this bond and undertaking or release the Surety therefrom. Council Approved—02/12/03 It is further expressly agreed an understood that the Contractor and Surety will fully indemnify and save harmless the City of College Station from any liability,loss, cost, expense, or damage arising out of or in connection with the work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorney's fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County,Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended,which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered with actually received or,if earlier, on the third day following deposit in a United State Postal Service pos office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. tttttt 0.14.664,4 A 1"1'hST SEAL: (if a corporation) � Brazos Paving,Inc. •.•`'' PAV/ '''' � WITNESS: (if not a corpora/ s Q+n) (Name of Contractor) fie•• �:•0Q,PWq.:•ifi� . ilts ‘1‘By' t'C I By: , ( n ame: �2 _ = SEAL NaNal e:�;lly iLf,,4�f-4 g h CGLt ✓�'. gn I i S Title: � � • Title: k ss k. C e .• �S •• f •. Date: I 0 i sq,,,‘ • •••....••• I • ATTEST/WITNESS (SEAL) Insurors Indemnity Company (Full Name of Surety) By: P. O.Box 2683 Name: (Address of Surety for Notice) Title: Date: Waco,TX 76702 By: _ ame: Julie Weisser Title: Attorney in Fact Date: April 3,2007 REVIEWED: THE FOREGOING BOND IS ACCEP 1'ED ON BEHALF OF THE CITY OF COLLEGE STATION,TEXAS: City Attorney's Office Council Approved-02/12/03 IT IS PROHIBITED TO PHOTOCOPY THIS DOCUMENT T. In urors x ,i „ I n emnity ,. , ,Drupa. POWER OF ATTORNEY PA NO. 810190 KNOW ALL MEN BY THESE PRESENTS: That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America,does hereby make,constitute and appoint Julie Weisser of the City of Bryan, State of Texas as Attorney in Fact, with full power and authority hereby conferred upon them to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit: Bonds,undertakings, and other written obligations in the nature thereof. This Power of Attorney is issued subject to the limitation that no instrument executed hereunder shall exceed the amount of: $250,000 ,„euhm, m rn es ~ t INSURORS INDEMNITY COMPANY 0 State of Texas } � � } Qum ui,�mct"_� • < County of McLennan } Attest: By: c Tammy Tiepe an,Secretary thus Thom G.Chase,Jr.,Chairma nd CEO 0 On the 01 Day of August,2005,before me a Notary Public in the State of Texas, personally appeared Thomas G.Chase Jr.,and Tammy Tieperman, 111> who being by me duly sworn,acknowledged that they executed the above Power of Attorney in their capacities as Chairman and Chief Executive Officer,and -13 Corporate Secretary,respectively,of the Insurors Indemnity Company,and Acknowledged said Power of Attorney to be the voluntary act and deed of the m Cl)Company. (I) NaNNNNN ?411Y.P`.,, SHERRI BARBEN Sherri Barben,Notary Public S Notary Public AVIA- `-j � CO {r:::; : E9 C •goasoao+oaoew00000aaoaaaoaaaa000a My commission expires May 21,2009 E } m • Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company Z adopted by the Board of Directors on August 1,2005: < RESOLVED,that all bonds,undertakings,contracts or other obligations may be executed in the name of the Company by persons appointed as G Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions.Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President,under their respective designation.The signature of such officer and the seal of the company may be affixed by facsimile to any Power of Attorney,and,unless subsequently revoked and subject to any limitation set forth therein,any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall he valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED,that Attorneys in Fact shall have the power and authority,subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and any such instrument executed by such Attorneys in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I,Tammy Tieperman,Secretary of Insurors Indemnity Company,do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on August I,2005,and that this Resolution is in full force and ct. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof,1 have set my hand and the seal of the INSURORS INDF1l5rry COMPANY on this ,t2/11., day of 0?007 Os I . ` Qum • Le.�wma.J • J Tammy Tie ruan,Secretary This Power of Attorney expires 12-31-09nxik/ NOTE:IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY CALL 800-933-7444 OR WRITE TO US AT P.O.BOX 2683,\%ACO,TX 76702-2683 IICPAGEN 7/06 I In urorP.O. Box 2683 . 3701 W. Waco Drive • Waco, Tx 76702-2683 ( 1--, I emelt Internet info@ insurors.com • 800-933-7444 • Fax 254-755-6399 Lompafl IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call insurors Indemnity Company's toll-free Usted puede Hamar al numero de telefono gratis de telephone number for information or to make a complaint lnsurors Ind t mnial Company's para informacion o para at: 1-800-933-7444 1-800-933-7444 You may also write to insurors Indemnity Company at: Usted tanbien puede escribir a Insurors Indemnity Company: P.O.Box 2683 Waco,TX 76702-2683 P.O.Box 2683 Or Waco,TX 76702-2683 3701 W.Waco Drive 0 Waco,TX 76710 3701 W.Waco Drive Waco,TX 76710 You may contact the Texas Department of Insurance to obtain information on companies,coverages,rights or Puede comunicarse con el Departamento de Seguros de complaints at Texas para obtener informacion acerca de companias, coberturas,derechos o quejas al 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance at: Puede escribir al Departamento de Seguros de Texas: P.O.Box 149104 Austin,TX 78714-9104 P.O.Box 149104 Austin,TX 78714-9104 or fax at: or fax at: 1-512-475-1771 1-512-475-1771 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concemiente a su prima o a un about a claim,you should contact the agent or the reclamo,debe comunicarse con el agente o Ia compania company first. If the dispute is not resolved,you may primero. Si no se resuelve Ia disputa,puede entonces contact the Texas Department of Insurance. comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is given to comply with Section 2253.021, Este aviso esta dado para acatar con Section 2253.021 Government Code,and Section 53.202,Property Code, Government Code y Section 53.202,Property Code effective September I,2001. efectivo,Septiembre 1,2001. lie/forms/notice 7 PRELIMINARY ENGINEER'S OPINION OF PROBABLE TOTAL PROJECT COST FOR POSADOS CAFÉ COLLEGE STATION The C. T. Brannon Corporation 06-019 (30) ITEM DESCRIPTION AND UNIT PRICE ESTIMATED UNIT TOTAL NO. QUANTITY PRICE PRICE Sanitary Sewer: 01020 Provide trench excavation safety protection per 185 LF $ 1.50 $ 277.50 OSHA requirements for trenches in excess of 5-ft in depth complete and in place for 02005 Furnish, install and maintain silt fences for 400 LF $ 5.00 $ 2,000.00 erosion control, as required,for 15062A Furnish and install 6-inch SDR 26 PVC sanitary 110 LF $ 18.00 $ 1,980.00 sewer(8 to 10-ft depth)complete with Class B-1 embedment complete and in place for 15062B Furnish and install 6-inch SDR 26 PVC sanitary 75 LF $ 22.00 $ 1,650.00 sewer(10 to 12-ft depth)complete with Class B-1 embedment complete and in place for 15062C Furnish and install 6-inch Cleanout Assembly 1 EA $ 650.00 $ 650.00 complete and in place for 15063A Furnish all labor,tools,equipment, material, 1 EA $ 1,500.00 $ 1,500.00 supervision, and any other requisite necessary to construct a standard 4-ft diameter precast concrete manhole(0 to 6-ft depth)over an existing sanitary sewer main complete and in place for 15063B Furnish and install extra vertical height for standard 8.3 VF $ 100.00 $ 830.00 4-foot diameter precast concrete manholes complete and in place for Sub-total Sanitary Sewer $ 8,887.50 TOTAL BASE BID: $25,545.00 KRB:Revised 11/07/2006 The above opinion of probable total project cost is based on the Engineer's experience and qualifications taking into consideration the final design and the best information as of 14 September 2006. The Engineer has no control over the cost of labor and materials, changes in governmental policy, nor over competitive bidding and market conditions;therefore,the Engineer cannot and does not guarantee the accuracy of such opinions of probable total project cost as compared to the contractor's bid. All it I?y ,;,, ,--Do s i. Ise t EV '� M 40 _,�� ��� "sem ' °g J' «mel =s "pi Vii.4iNenlre *WITO* 8,1 , 01 wig c gyit, ‘,7--t-,-_;,;;;.::,;,-„....--;„2,- .09l