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Participation Agreement
CITY OF COLLEGE STATION PARTICIPATION AGREEMENT FOR PUBLIC IMPROVEMENTS This Agreement is entered into by and between the City of College Station, a Texas Home Rule Municipal Corporation (hereinafter "City"), and Dos Dorado Development, a Texas d/b/a 3-d Development(hereinafter"Developer"). WHEREAS, Developer is developing property within the City of College Station, more particularly described as Castlegate II Section 206 College Station, Brazos County, Texas (hereinafter"Property") a description of which is attached hereto as Exhibit "A"; and WHEREAS, Developer is required to construct certain public infrastructure, such as roadways, utilities, sidewalks, drainage facilities, water and sewer facilities, etc. that relate to Developer's proposed development; and WHEREAS, City is required or desirous of assuming some or all responsibility for construction of certain public infrastructure affecting Developer's development; and WHEREAS, because of this and in order to comply with City's overall development plan both Developer and City agree that it is in the best interests of the public to jointly construct certain identified public infrastructure; and WHEREAS, the City Engineer has reviewed the data, reports and analysis, including that provided by Developer's engineers, and determined that such public improvement qualifies for joint City-Developer participation; and WHEREAS, both parties agree as to the nature and proportion of joint participation as further recited herein and as may be required in accordance with Chapter 212, Subchapter C, Developer Participation in Contract for Public Improvement and Chapter 252, Purchasing and Contracting Authority of Municipalities of the Texas Local Government Code; and NOW, THEREFORE, for and in consideration of the recitations above and the promises and covenants herein expressed,the parties hereby agree as follows: ARTICLE I DEFINITIONS 1.1 Approved Plans means the plans and specifications that meet the requirements of this Participation Agreement, the City of College Station Codes and Ordinances and any other applicable laws and that have been submitted to, reviewed and approved by the City of College Station relating to the Project. 1.2 City or College Station means the City of College Station, a Texas Home Rule Municipal Corporation located at 1101 Texas Avenue, College Station, Texas 77840. Participation Agreement Contract No. 15-155 CRC-April, 1,2013 1.3 Developer means Dos Dorado Development, a Texas Limited Liability Company d/b/a 3-D Development, whose principal office is located 4490 Castlegate Drive, College Station, Texas 77845. 1.4 Effective Date. The date on which this Agreement is signed by the last party whose signing makes the Agreement fully executed. 1.5 Final Completion. The term "Final Completion" means that all the work on the Project has been completed, a written guarantee of performance for a one year maintenance period has been provided, all final punch list items have been inspected and satisfactorily completed, all payments to material men and subcontractors have been made, all documentation, and all closeout documents have been executed and approved by the Developer as required, all Letters of Completion and other City documentation have been issued for the Project, all reports have been submitted and reporting requirements have been met, and Developer has fully performed any other requirements contained herein. 1.6 Letter of Completion: A letter issued by the City Engineer stating that the construction of public improvements conforms to the plans, specifications and standards contained in or referred to in the Unified Development Ordinance of the City of College Station. 1.7 Property means that one certain tract of land Castlegate II Section 206 and as further described in Exhibit"A". 1.8 Project means the construction of water line improvements as detailed in Exhibit"B". ARTICLE II CITY COST PARTICIPATION 2.1 Agree to Participate. City agrees to cost participate in the Project in the maximum amount and percentage as estimated in Exhibit "C". City's actual rate of participation will be based upon the final actual cost of the Project as reflected by the breakdown of costs required pursuant to this Agreement and will be a percentage not to exceed 13% and in no event shall exceed the maximum amount estimated in Exhibit"C". 2.2 Competitive Bidding. If City's cost participation exceeds 30% of the total cost of the Project or is located within the extraterritorial jurisdiction of the City, then the Project must be competitively bid pursuant to Chapter 252 of the Texas Local Government Code, as amended. a. If City's participation exceeds 30% of the total cost of the Project, City shall be responsible for advertising and obtaining bids or negotiating proposals for the construction of the Project. Developer shall pay for all costs associated with advertising,printing, and distributing plans and specifications for the Project. b. If City's cost participation is 30% or less of the total cost of the Project and the Project is located within the boundaries of the City, competitive bidding is not required. Participation Agreement 2 2.3 Cost of Project. Developer's engineer's detailed cost estimate of the Project is attached hereto and incorporated herein as Exhibit"C". 2.4 Application for Payment. Application for payment by the Developer to the City for payment to the Developer pursuant to the terms of this Agreement must include the following in a form acceptable to City: a. Final Completion of the Project in accordance with the Approved Plans b. Issuance of all Letters of Completion relating to the Project c. Developer's compliance with all City Codes, Ordinances and standards relating to the Project, the Property and its subdivision and development d. Dedication of the land for the right-of-way or easement either by plat or by deed relating to the Project e. A current title report as of the date of such land dedication and updated within sixty (60) days of the date of this Agreement f. Lien releases or subordinations from all lenders as required by City g. Proof that all guarantees of performance and payment as set forth in this Agreement have been met, including all bond requirements when applicable h. A breakdown of actual costs of the Project with supporting documentation, including all payment receipts 2.5 City Participation Payment. Developer shall submit the written application for City participation payment within thirty (30) days after issuance of all Letters of Completion relating to the Project or Developer shall be ineligible to receive the City participation payment as specified in this Agreement and City's obligation to cost participate shall terminate without any liability. Applications may not be submitted prior to Final Completion. City will pay its participation funds in one payment within thirty (30) days after receipt of a complete written application for participation payment from Developer. 2.6 Reports, books and other records. Developer shall make its books and other records related to the project available for inspection by City. Developer shall submit to City any and all information or reports requested to verify the expenditures submitted for City participation eligibility including, but not limited to bid documents, payment applications, including any supporting information, canceled checks, copies of construction and engineering documents, as determined by the City Engineer in his sole discretion, for the verification of the cost of the Project detailed in Exhibits "B" and "C" of this Agreement. The submission of these reports and information shall be the responsibility of Developer and shall be certified by Developer's Participation Agreement 3 Licensed Professional Engineer at Developer's expense and signed by an authorized official of the entity. ARTICLE III GOVERNMENTAL IMMUNITY,INDEMNIFICATION, RELEASE AND INSURANCE 3.1 The City by entering into this Agreement, City does not consent to suit; waive its governmental immunity, or the limitations as to damages under the Texas Tort Claims Act. 3.2 Indemnification. Developer agrees to and shall indemnify, hold harmless, and defend City and its officers, agents,volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, expert fees and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by Developer under this Agreement, regardless of whether such injuries, death, damages or breach are caused in whole or in part by the negligence of City, any other party indemnified hereunder,the Developer, or any third party. 3.3 Release. Developer assumes full responsibility for the work to be performed hereunder, and releases, relinquishes and discharges City, its officers, agents, volunteers and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense therefore, for any injury to or death of any persons and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with, Developer's work to be performed hereunder. This release shall apply whether or not said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether or not said claims, demands, and causes of action were caused in whole or in part by the negligence of City, any other party released hereunder,Developer, or any third party. 3.4 Insurance. The Developer 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 Developer or their contractors, agents, representatives, volunteers, or employees. Said insurance shall list College Station, its officers, agents, employees, and volunteers as Additional Insureds. See Exhibit "D" for required limits of liability insurance. Certificates of insurance evidencing the required insurance coverages on the most current form approved by the Texas Department of Insurance attached hereto as Exhibit"E". ARTICLE IV PROJECT AND CONSTRUCTION 4.1 Right to Inspect the Work. City may inspect the improvements for compliance with the Approved Plans during construction. In the event that it is determined by City that any of the work or materials furnished is not in strict accordance with the Approved Plans, City may Participation Agreement 4 withhold funds until the nonconforming work conforms to the Approved Plans or terminate this Agreement at City's election without any further liability. 4.2 Independent Contractor. Developer shall be solely responsible for selecting, supervising, and paying its subcontractors and for complying with all applicable laws, including, but not limited to all requirements concerning workers compensation and construction retainage. The parties agree all employees, volunteers, personnel and materials furnished or used by Developer in the installation of the specified improvements will be the responsibility of Developer and understand Developer will not be deemed employees or agents of City for any purpose. Nothing in this Agreement will establish a joint venture between the Developer and the City. 4.3 Payment for materials and labor. Developer shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, material men or suppliers of any type or nature whatsoever and insuring that no claims or liens of any type will be filed against any property owned by City arising out of or incidental to the performance of any service performed pursuant to this Agreement. In the event a statutory lien notice is sent to City, Developer shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold City harmless from any losses that may result from the filing or enforcement of any said lien notice. 4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the improvements, Developer shall provide City a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, material men, and subcontractors have been released, and that there are no claims pending of which Developer has been notified. Such affidavit shall be in a form as substantially set forth in Exhibit"F" which is attached hereto and incorporated by reference. 4.5 Requirements of Applicable rules remain. This Agreement does not alter, amend modify or replace any other requirements contained in the Code of Ordinances of the City of College Station, Texas, Unified Development Ordinance of the City of College Station, or other applicable law. ARTICLE V GUARANTEE OF PERFORMANCE AND PAYMENT 5.1 Bonding Requirements of Developer. When City participation is 30% or less of the total value of the Project, Developer will execute the Performance Bond in the form attached in Exhibit "G" to ensure construction of the Project. Developer will ensure its contractor performing the Project executes a payment bond to ensure payment to subcontractors, if any. The Performance Bond must be executed by a corporate surety according to Chapter 2253 of the Texas Government Code. The bonds must be in the total amount of the contract price as approved by City. a. Developer must provide the City a copy of the contractor's payment bond before work commences on the Project. Participation Agreement 5 5.2 Bonding Requirements of City. When City participation is greater than 30% of the total value of the Project or when the Project is located within the extraterritorial jurisdiction of the City, the City will ensure that the prime contractor of the Project executes to the City a performance bond and a payment bond as required by Chapter 2253 of the Texas Government Code. ARTICLE VI GENERAL PROVISIONS 6.1 Amendments. No amendment to this Agreement will be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 6.2 Choice of Law and Venue. 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. 6.3 Authority to enter into Agreement. Each party represents that it has the full power and authority to enter into and perform this Agreement. The person executing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The person executing this Agreement on behalf of Developer represents that he or she is authorized to sign on behalf of Developer and agrees to provide proof of such authorization to the City upon request. 6.4 Agreement read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 6.5 Notice. Any notice sent under this Agreement (except as otherwise expressly required) shall be hand delivered, written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: Dos Dorado Development, LLC City of College Station d/b/a 3-D Development City Engineer Wallace Phillips IV P.O. Box 9960 4490 Castlegate Drive College Station, TX 77842 College Station, TX 77845 With copies to: City Attorney and City Manager P.O. Box 9960 College Station, TX 77842 Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be Participation Agreement 6 given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the party. 6.6 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by Developer without the prior written approval of the City. 6.7 Default. In the event of a breach of this Agreement by Developer, City may terminate this Agreement and exercise any and all legal remedies. 6.8 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. List of Exhibits: A. A description of the Property B. A description of the Project C. Engineer's estimate of the costs of the Project D. Insurance Requirements E. Certificates of Insurance F. Affidavit of All Bills Paid Form G. Performance Bond Form Dos Dorado Development, LLC CITY OF COLLEGE STATION d/b/a 3�-D11 ��Development Gf SAX. �wt Aired j-- BY: �k9��� � 1 Manager Printed Name: ijJa t 611,4 S Pkv!Lin riw7 Date: 3`3 VS-- Title: Title: G1kr A' ' ' I VE 1 Date: t-1-15 ..r. 3.1 PI ' • tto ey (.1 As: s .f 1 ity Manager/CFO D. : • Participation Agreement 7 Exhibit A Description of the Property Participation Agreement 8 METES AND BOUNDS DESCRIPTION OF A 24.693 ACRE TRACT ROBERT STEVENSON LEAGUE,A-54 COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE, ABSTRACT NO. 54, COLLEGE STATION, BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 202.655 ACRE TRACT AS DESCRIBED BY A DEED TO DOS DORADO DEVELOPMENT, LLC RECORDED IN VOLUME 9656,PAGE 213 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A'/2 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF THE REMAINDER OF A CALLED 101.322 ACRE TRACT DESCRIBED AS EXHIBIT "B" BY A DEED TO ESTER JANE GRANT McDOUGAL RECORDED IN VOLUME 4027,PAGE 29 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE SOUTH CORNER OF CASTLEGATE II SUBDIVISION, SECTION 205, ACCORDING TO THE PLAT RECORDED IN VOLUME 12241,PAGE 68 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND MARKING A WEST CORNER OF SAID REMAINDER OF 202.655 ACRE TRACT,FOR REFERENCE A I/2 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID REMAINDER OF 202,655 ACRE TRACT AND THE NORTH CORNER OF SAID REMAINDER OF 101.322 ACRE TRACT BEARS:N 48°03'24"W FOR A DISTANCE OF 2760.55 FEET; THENCE:N 41°56'29"E ALONG THE COMMON LINE OF SAID REMAINDER OF 202.655 ACRE TRACT AND SAID SECTION 205 FOR A DISTANCE OF 714.28 FEET TO THE NORTHEAST LINE OF ETONBURY AVENUE (77'R.O.W.); THENCE: THROUGH SAID 202.655 ACRE TRACT AND ALONG THE FUTURE NORTHEAST LINE OF ETONBURY AVENUE FOR THE FOLLOWING CALLS: S 48° 03' 31" E FOR A DISTANCE OF 410.50 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"FOR AN ARC DISTANCE OF 39.27 FEET(CHORD BEARS:N 86°56'29"E-35.36 FEET)TO THE END OF SAID CURVE; S 48°03'31"E FOR A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"FOR AN ARC DISTANCE OF 39.27 FEET(CHORD BEARS:S 03°03'31"E-35.36 FEET)TO THE END OF SAID CURVE; S 48° 03' 31" E FOR A DISTANCE OF 258.92 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 536.50 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°58'12"FOR AN ARC DISTANCE OF 46.54 FEET(CHORD BEARS: S 50°32'37"E-46.52 FEET)TO THE END OF SAID CURVE; S 53°01'43"E FOR A DISTANCE OF 480.91 FEET; THENCE:N 41°56'29"E CONTINUING THROUGH SAID REMAINDER OF 202.655 ACRE TRACT FOR A 1 DISTANCE OF 27.33 FEET TO THE WEST CORNER OF COMMON AREA"A",CASTLEGATE II SUBDIVISION, SECTION 202, ACCORDING TO THE PLAT RECORDED IN VOLUME 11610,PAGE 134 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS; THENCE: S 48° 03' 31" E ALONG THE COMMON LINE OF SAID COMMON AREA "A" AND SAID REMAINDER OF 202.655 ACRE TRACT FOR A DISTANCE OF 111.39 FEET TO THE SOUTHEAST LINE OF SAID 202.655 ACRE TRACT LYING WITHIN THE APPARENT RIGHT-OF-WAY OF GREENS PRAIRIE ROAD (VARIABLE WIDTH R.O.W.); CHLNCE:S 41°55'52"W ALONG THE SOUTHEAST LINE OF SAID 202.655 ACRE TRACT AND THROUGH GREENS PRAIRIE ROAD FOR A.DISTANCE OF 769.65 FEET TO THE SOUTH CORNER OF SAID 202.655 ACRE TRACT; THENCE:N 48°21'09"W ALONG THE SOUTHWEST LINE OF SAID 202.655 ACRE TRACT,AT 39.39 FEET PASS THE SOUTHEAST CORNER OF LOT 1,SWEETWATER FOREST,PHASE ONE,ACCORDING TO THE PLAT RECORDED IN VOLUME 4267,PAGE 254 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS,CONTINUE ON FOR A TOTAL DISTANCE OF 158.04 FEET; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 202.655 ACRE TRACT AND SWEETWATER FOREST,PHASE ONE,FOR THE FOLLOWING CALLS: N 56° 19'49"E FOR A DISTANCE OF 85.94 FEET; N 24°48'53"W FOR A DISTANCE OF 49.81 FEET; N 67°01'46"W FOR A DISTANCE OF 65.96 FEET; S 50°3T 25"W FOR A DISTANCE OF 60.05 FEET; N 52°33'01"W FOR A DISTANCE OF 90.43 FEET; N 31°31'00"E FOR A DISTANCE OF 78.55FIET; N 52°41'45"E FOR A DISTANCE OF 53.92 FEET; N 04°33'48"W FOR A DISTANCE OF 27.74 FEET; N 64°22'35"W FOR A DISTANCE OF 58.62 FEET; S 64°50' 10"W FOR A DISTANCE OF 89.41 FEET; N 59°39'33"W FOR A DISTANCE OF 92.34 FEET; S 72°09'01"W FOR A DISTANCE OF 54.75 FEET; N 56°06'26"W FOR A DISTANCE OF 85.10 FF.FT; S 33°33'04"W FOR A DISTANCE OF 54.03 FEET; N 88°06'49"W FOR A DISTANCE OF 84.93 FEET; N 58°52'50"W FOR A DISTANCE OF 135.41 FEET; 2 S 66°38'21"W FOR A DISTANCE OF 76.07 FEET; N 34°47'57"W FOR A DISTANCE OF 50.12FEET; N 23°42'35"E FOR A DISTANCE OF 24.18 FEET; N 81°57'29"W FOR A DISTANCE OF 125.57 FEET; S 10°37'48"E FOR A DISTANCE OF 41.67 FEET; S 80°46'49"W FOR A DISTANCE OF 36.76 FEET; N 41°06'28"W FOR A DISTANCE OF 41.21 FEET; N 00° 33' 10" E FOR A DISTANCE OF 33.24 FEET TO THE SOUTH CORNER OF THE AFOREMENTIONED REMAINDER OF 101.322 ACRE TRACT; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 202.655 ACRE TRACT AND SAID REMAINDER OF 101.322 ACRE TRACT FOR THE FOLLOWING CALLS: N 13°02'31"E FOR A DISTANCE OF 296.67 FEET TO A 1/2 INCH IRON ROD FOUND; N 48°03'24"W FOR A DISTANCE OF 166.28 FEET TO THE POINT OF BEGINNING CONTAINING 24.693 ACRES OF LAND, MORE OF LESS. BEARING SYSTEM .HOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No,4502 1,. D:/WORK/MAB/CGII-206.MAB �f;i c;J•�,: �c.��;l F, 4.:'4.. � FSooiacxsaxxa>�x+aroawx V6dx�t, ���1V tl000 NLNJV'2uAuf FL 4'%6a���rff ;; > 4502 3 Exhibit B Description of the Project Participation Agreement 9 . .-:.27.7: „ 1/4.' 4tZt,:‘,,,. •,.. :1 ' p •` R. AN• Ctil f r s t • *IV' */ s t' t K r w di , # _ .. * w . ` �y ix i iif”. ."1°,\,,,, * 41g >> ,, 'AFF 11010, tipo p *, ; , if .d",7 .., .,.,,c), , , ,,.i, , A Exhibit C Engineer's estimate of the costs of the Project Participation Agreement 10 SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station,Texas 77845 Firm No. 12327 Castlegate II Subdivision-Section 206 Engineer's Estimate of Oversize Participation Cost December 31,2014 Water System w/12" Lines $ 188,745 Water System w/8"Lines S 171,657 Difference in Construction Cost $ 17,088 Performance and Payments Bonds and Fees $ 4,500 Overall Participation Estimate _$ 21,588 *r --4•., 1 Al JOSEPH P. SCHULTZ65889 ;.• +.� 1 'ter ••,M.. yi'��l1 r.•i�.j :t 0 F-12327 r 2 -3[4 SCHULTZ ENGINEERING, LLC. SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive,Suite A College Station, Texas 77845 Firm No. 12327 Castlegate II Subdivision-Section 206 Engineer's Estimate of Oversize Participation Cost December 31,2014 Item Description Unit Estimated Unit Price Total Quantity Water Construction Items w/12"Lines I 12"0900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LI' 515 $ 35.00 $ 18,025.00 2 12"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place LF 239 $ 40.00 $ 9,560.00 3 12"C900 Water Pipe w/tracer wire-Restrained Joint,Spacers&End Seals,complete in LE 50 $ 80.00 $ 4,000.00 place 4 20"Casing,complete in place LF 42 $ 80.00 $ 3,360.00 5 12"x 12"M.J.Tee,complete in place EA 1 $ 800.00 $ 800.00 6 12"M.J.Gate Valve,complete in place EA 3 $ 1,850.00 $ 5,550.00 7 12"x r M.J.Reducer,complete in place EA 1 $ 550.00 $ 550.00 8 12"x 450 M.J.Bend,complete in place EA 4 $ 650.00 $ 2,600 00 9 1.5"Water Service,<15 ft(avg length=2 ft)(4"Line) EA I $ 1,200.00 $ 1,200.00 10 4"Blowoff Assembly,complete in place EA 2 $ 2,200.00 $ 4,400.00 11 Fire IJydrant Assembly(w/valve,vert,extension),complete in place EA 4 $ 3,500.00 $ 14,000.00 12 8"C900 Water Pipe wit-racer wire-Stnictural Backfill,complete in place LF 308 $ 28.00 $ 8,624.00 13 8"C900\Vater Pipe wit-racer wire-Non-Structural Backfill,complete in place LF 1070 $ 23.00 $ 24,610.00 14 8"C900 Water Pipe w/tracer wire-Restrained Joint,Spacers&End Seals,complete in LF 50 $ 60.00 $ 3,000.00 place 15 6"C900 Water l'ipe w/tracer wire-Non-Structural Backfill,complete in place LF 267 $ 22.00 $ 5,874.00 16 4"C900 Water Pipe witracer wire-Structural Backfill,complete in place LF 300 $ 20.00 $ 6,000.00 17 4"C900 Water Pipe witracer wire-Non-Structural Backfill,complete in place LF 1117 $ 16.00 $ 17,872.00 18 16"Casing,complete in place LF 42 $ 60.00 $ 2,520.00 19 8"x 8"M.J.Tee,complete in place EA I $ 600.00 $ 600.00 20 8"x 6"M.J.Tee,complete in place EA 4 $ 500.00 $ 2,000.00 21 6"x 6"M.J.Tee,complete in place EA 3 $ 450.00 $ 1,350.00 22 6"x 4"M.J.Reducer,complete in place EA 3 $ 300.00 $ 900.00 23 8"M.J.Gate Valve,complete in place EA 6 $ 1,250.00 $ 7,500.00 24 6"M.J.Gate Valve,complete in place EA 3 $ 1,000.00 $ 3,000.00 25 8"x 450 M.J.Bend,complete in place EA 11 $ 350.00 $ 3,850.00 26 4"x 45°M.J.Bend,complete in place EA 16 $ 200.00 $ 3,200.00 27 1"Water Service,< 15 it(avg length=2 ft)(4"Line) EA 2 $ 650.00 $ 1,300.00 28 1"Water Service,> 15 ft(avg length=48 ft)(4"Line) EA 8 $ 850.00 $ 6,800.00 29 1.5"Water Service,<15 ft(avg length=2 11)(4"Line) EA 11 $ 800.00 $ 8,800.00 30 1.5"Water Service,<15 11(avg length=2 ft)(6"Line) EA 1 $ 900.00 $ 900.00 31 1.5"Water Service,>15 ft(avg length=48 ft)(4"Line) EA 8 $ 1,100.00 $ 8,800.00 32 1.5"Water Service,>15 ft(avg length=48 ft)(6"Line) EA 1 $ 1,200.00 $ 1,200.00 33 2"Blowoff Assembly,complete in place EA 4 $ 1,000.00 $ 4,000.00 34 Connect to Existing 8"Water Line EA L $ 1,000.00 $ 1,000.00 35 Waterline Testing LS 1 $ 1,000.00 $ 1,000.00 Water Construction Items Subtotal $ 188,745.00 Page 2of3 Castlegate 11 Subdivision-Section 206 Engineer's Estimate of Oversize Participation Cost December 31,2014 Estimated Item Description UnitUnit Price Total Quantity Water Construction Items w/12"Lines I 8"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 515 $ 23.00 $ 11,845.00 2 8"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place LF 239 $ 28.00 $ 6,692.00 3 8"C900 Water Pipe w/tracer wire-Restrained Joint,Spacers&End Seals,complete in LI' 50 $ 60.00 $ 3,000.00 place 3 16"Casing,complete in place LF 42 $ 60.00 $ 2,520.00 4 8"x 8"M.J.Tee,complete in place EA 1 $ 550.00 $ 550.00 5 8"M.J.Gate Valve,complete in place EA 3 $ 1,250.00 $ 3,750.00 6 12"x 8"M.J.Reducer,complete in place EA Not Needed 7 8"x 45°M.J.Bend,complete in place EA 4 $ 350.00 $ 1,400.00 8 1.5"Water Service,<15 ft(avg length=2 ft)(8"Line) EA 1 $ 1,200.00 $ 1,200.00 9 2"Blowoff Assembly,complete in place EA 2 $ 1,000.00 $ 2,000.00 10 Fire Hydrant Assembly(w/valve,vert.extension),complete in place EA 4 $ 3,500.00 $ 14,000.00 I l 8"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place LF 308 $ 28.00 $ 8,624.00 12 8"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 1070 $ 23.00 $ 24,610.00 13 8"C900 Water Pipe w/tracer wire-Restrained Joint,Spacers&End Seals,complete in LF 50 $ 60.00 $ 3,000.00 place 13 6"C900 Water Pipe w./tracer wire-Non-Structural Backfill,complete in place LF 267 $ 22.00 $ 5,874.00 14 4"C900 Water Pipe w!tracer wire-Structural Backfill,complete in place LF 300 $ 20.00 $ 6,000.00 15 4"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 1117 $ 16.00 $ 17,872.00 16 16"Casing,complete in place LP 42 $ 60.00 $ 2,520.00 17 8"x 8"M.J.Tee,complete in place EA 1 $ 600.00 $ 600.00 18 8"x 6"M.J.Tee,complete in place EA 4 $ 500.00 $ 2,000.00 19 6"x 6"M.J.Tee,complete in place EA 3 $ 450.00 $ 1,350.00 20 6"x 4"M.J.Reducer,complete in place EA 3 $ 300.00 $ 900.00 21 8"M.J.Gate Valve,complete in place EA 6 $ 1,250.00 $ 7,500.00 22 6"M.J.Gate Valve,complete in place EA 3 $ 1,000.00 $ 3,000.00 23 8"x 450 M.J.Bend,complete in place EA 11 $ 350.00 $ 3,850.00 24 4"x 45"M.J.Bend,complete in place EA 16 $ 200.00 $ 3,200.00 25 I"Water Service,<15 ft(avg length=2 11)(4"Line) EA 2 $ 650.00 $ 1,300.00 26 1"Water Service,>15 ft(avg length=48 ft)(4"Line) EA 8 $ 850.00 $ 6,800.00 27 1.5"Water Service,<15 ft(avg length=2 ft)(4"Line) EA l L $ 800.00 5 8,800.00 28 1.5"Water Service,<15 ft(avg length=2 ft)(6"Line) EA 1 $ 900.00 $ 900.00 29 1.5"Water Service,> 15 fl(avg length=48 ft)(4"Line) EA 8 $ 1,100.00 $ 8,800.00 30 15"Water Service,>15 ft(avg length=48 ft)(6"Line) EA 1 $ 1,200.00 $ 1,200.00 31 2"Blowoff Assembly,complete in place EA 4 $ 1,000.00 S 4,000.00 32 Connect to Existing 8"Water Line EA 1 $ 1,000.00 S 1,000.00 33 Waterline Testing LS 1 $ 1,000.00 S 1,000.00 Water Construction Items Subtotal S 171,657.00 Page 3 of 3 Exhibit D Insurance Requirements Throughout the term of this Agreement, Developer(Contractor) must comply with the following: Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation II. General Requirements Applicable to All Policies: A. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent B. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit "E"; and shall be approved by the City before work begins C. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only D. The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas E. The City will not accept"claims made"policies F. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City III. Commercial General Liability A. General Liability insurance shall be written by a carrier rated "A:VIII" or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain C. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000.00. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance E. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal &Advertising Liability. Participation Agreement 11 IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier rated "A:VIII" or better rating under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain C. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page E. The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. V. Workers' Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a Workers' Compensation policy, either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation(DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the Subcontractors' employees. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. B. Workers compensation insurance shall include the following terms: 1. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required 2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy 3. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV,ND, OH, WA, WV, and WY" C. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are Participation Agreement 12 contained or to impose stricter standards of documentation: "A. Definitions: Certificate of coverage ("certificate') — An original certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406.096[of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been 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 Participation Agreement 13 of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project,for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and Participation Agreement 14 (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 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 contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. " Participation Agreement 15 Exhibit E Certificates of Insurance Participation Agreement 16 �.....,, 3DDEV-1 OP ID: GY AcoRn CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 41.......------ 01/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME: Layla Zientek Anco Insurance B/CS PHONE FAX P.0.Box 3889 (A/C,No,Ext): 979-774-6575 A/C,No): 979-774-5685 Bryan,TX 77805 ADDRESS:zientek@anco.com Grant Graham INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ironshore Specialty Ins. 25445 INSURED Dos Dorado Development LLC DBA INSURER B:Service Lloyds Ins Co. 43389 3-D Development C:Chubb Group/Direct Bill 41386 4490 Castlegate Dr. 29408 College Station,TX 77845 INSURER D:Hallmark Co. Mutual Ins. Co. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY), GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AGS0074000 07/01/2014 07/01/2015 DAMAGE To RENTED 100,000 A X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 RO- POLICY jT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000000 (Ea accident) $ __ D ANY AUTO TXA521399 07/01/2014 07/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS _ AUTOS $ NON-OWNED PROPERTY DAMAGE i X HIRED AUTOS X AUTOS (PER ACCIDENT) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LIAB CLAIMS-MADE MAX3EC50000538 07/01/2014 07/01/2015 AGGREGATE $ 1,000,000 DED X RETENTION$ 10000 _ $ WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N SRZF24440-14 07/01/2014 07/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Equipt Floater 45467563 02/12/2014 02/12/2015 Equipt 3,000 Rent/leas 300,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Ref Job: Section 206 Oversize Participation for waterline CERTIFICATE HOLDER CANCELLATION CITYCI7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of College Station PO Box 9960 College Station,TX 77842 AUTHORIZEDTHREPRESENTATIVE�EN ,04 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:AGS0074000 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations)Of Covered Operations Additional Insureds shown in a written contract, or written Any location. agreement that includes primary and non-contributory wording. The inclusion of one or more Insured under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II —WHO IS AN INSURED is amended B. With respect to the insurance afforded to these to include as an additional insured the person(s)or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage' or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Whereas Required by Written Contract Information required to complete the Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 0 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY 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 or anization named in the Schedul , but this waiver applies only with respect to bodily Injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: GRADING OF LAND 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. Advanced Premium Endorsement Effective: 7/01/14 Policy No. SRZF24440-14 End. No. 05 Insured: 3-D DEVELOPMENT Insurance Company: Service Lloyds Ins. Co. Countersigned by dde•preitA. oe_ 7(eocc. WC 42 03 04 A 24440 ZFO5 • N. • CA 99 OIT (Ed.Effective 08/09) ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the Inception date of the policy unless another date is Indicated below: Endorsement Effective Policy Number 07/01/14 TXA521399 Named Insured Countersigned by DOS DORADO DEVELOPMENT LLC DBA 3-D DEVELOPMENT (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement CITY OF COLLEGE STATION P 0 BOX 9980 COLLEGE STATION, TX 77842 (Enter Name and Address of Additional Insured) is an Insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy.The additional Insured is not required to pay for any premiums stated in the policy or earned from the policy.Any return premium and any dividend, if applicable,declared by us shall be paid to you.You are authorized to act for the additional Insured in all matters pertaining to this insurance.We will mall the additional Insured notice of any cancellation of this policy.If the cancellation is by us,we will give ten days notice to the additional Insured.The additional Insured will retain any right of recovery as a claimant under this policy. Additional Premium$ 100.00 will be retained by us regardless of any early termination of this endorsement. Exhibit F Affidavit of All Bills Paid Form Participation Agreement 17 THE STATE OF TEXAS § AFFIDAVIT OF BILLS PAID COUNTY OF BRAZOS § FOR PARTICIPATION AGREEMENT Before me, the undersigned authority, ("Affiant"), (Title), of ("Developer"), personally appeared being duly sworn, deposed, and states the following: I am over 18 years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts stated in it,which facts are true and correct. The Developer pursuant to the Participation Agreement with the City of College Station, dated , 20_, has caused the Developer or the Developer's contractors to furnishes labor and materials to construct improvements for the (description of project) on the real property known as , (address or legal description) more particularly described in the Participation Agreement as the"Project". To the extent Developer constructed or contracted for the construction of such improvements, the Developer or the Developer's contractors have paid each of its sub- contractors, laborers and material men in full for all labor or materials provided to Developer on the Project. To the best of Affiant's knowledge, Developer or Developer's contractors have not received notice of any claims pending against the Project in connection with the Project. Executed this day of , 20 . AFFIANT: Signature: Printed Name: SUBSCRIBED AND SWORN TO before me on this day of , 20_• Notary Public, State of Texas Participation Agreement 18 Exhibit G Performance Bond Participation Agreement 19 c py Bond Number:713076S PERFORMANCE BOND FOR PARTICIPATION AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, Dos Dorado Development dba 3D Development, LLC , as Principal, hereinafter called"Developer"and the other subscriber hereto Developers Surety and 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 One Hundred Eighty Eight Thousand Seven Hundred Forty Five&No/100's ($188.745) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Developer and Surety do bind themselves,their heirs,executors,administrators,successors,and assigns,jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS,the Developer has on or about this day executed a Participation Agreement herein after called "Contract"in writing with the City of College Station for Oversize Waterline Participation Expenditures, Castlegate II Subdivision, Section 206 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 Developer shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond,then this obligation shall become null and void and shall have no further force and effect;otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Developer with the terms of the Contract, including the making of payments thereunder 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 default, or delay by the Developer 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 Developer in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Developer until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold any amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety,to make any change in the Contract Documents and in the Work to be done thereunder,as provided in the Contract, and in the terms and conditions thereof,or to make any change in, addition to,or deduction from the work to be done thereunder;and that such changes,if made,shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Developer 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 Developer 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 Developer 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 Participation Agreement not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Developer and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. FOR THE DEVELOPER: ATTEST,SEAL: (if a corporation) _ Dos Dorado Development dba 3D Development, LLC WITNESS: (if nrporation (Name of Developer) th iliealidJBy• �•,�� t w� .i���.� � By: Z�� f Name: Name: Wet-I&GB 5 PJ i/1.0 ff 14/Pei Title. c\S c Title: Ili anojec Date: -\�j,� Date: o?-3- 15- FOR 5FOR THE SURETY: ATTEST/WITNESS (SEAL) Developers Surety and Indemnity Company (Full Name of Surety) 2591 Dallas Pkwy,Ste. 105 By: � Frisco,Tx 75034 (Address of Surety for Notice) Name:A. Smith di k..,,,,, , Title: Bond Admin By: Date: January 28, 2015 Name: John . Schuler Title: Attorney-In-Fact Date: January 28, 2015 FOR THE CITY REVIEWED: THE PERFORMANCE BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE ' ON,TEXAS: NI 4 IOW- 1 A 41, . - all ‘ 410.1.9* ,V ,, I NIIPPP‘ r i•-. 440 ttorney City Manager Participation Agreement Project No. PAYMENT BOND Bond Number: 713076S TEXAS STATUTORY PAYMENT BOND THE STATE OF f'hXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS g THAT WE, Dos Dorado Development dba 3D Development, LLC , as Principal, hereinafter Called "Principal" and the other subscriber hereto Developers Surety and Indemnity Company , a corporation organized and existing under the laws of the State of Iowa , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called"Surety", do hereby acknowledge ourselves to be held and firmly bound to the igh City of College Station, a municipal corporation, in the sum of SevenOneHHundredundredEightFortyy EFivet Thousand,b0/100's $188.745 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the day of , 2015 for Oversize Waterline Participation Expenditures,Castleqate II Subdivision,Section 206 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then,this obligation shall be null and void;otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Council Approved— 0 2/12/03 Revised 09/27/04(a) Ai-I'EST,SEAL: (if a corporation) Dos Dorado Development dba 3D Development, LLC WITNESS: (if not a c'•.oration) (Name of Contractor) II _ • B : �� R Alb _ %AL,'_ By: 44/4/1-71 . Name: Name: N,./k. 5-, Pit;C l:Ps Title: ( \S t\�- Title: vkietviader Date: R-3-1 ATTEST/WITNESS (SEAL) Developers Surety and Indemnity Company (Full Name of Surety) By: OSWI.4 2591 Dallas Pkwy, Ste. 105, Frisco,TX 75034 Name: A.Smith (Address of Surety for Notice) Title: Bond Admin Date: January 28, 2015 By: C.`" 1/4.. \"--C ,_ Name: J hn W. Schuler Title: Attorney-In-Fact Date: January 28, 2015 REVIEWED: THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION,TEXAS: ,7\ ity ttorney's Office Council Approved— 0 2/12/03 Revised 09/27/04(a) POWER OF ATTORNEY FOR Bond Number: 713076S DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make.constitute and appoint: ***John W. Schuler,Walter E. Benson Jr.,Steven W. Dobson,jointly or severally* as its true and lawful Attorney(s)-in-Fact.to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact.pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY.effective as of January 1st.2008. RESOLVED,that a combination of any two of the Chairman of the Board.the President.any Executive Vice-President.Senior Vice-President or Vice-President of the corporation be.and that each of them hereby is.authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship:and that the Secretary or any Assistant Secretary of the corporation be.and each of them hereby is.authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond.undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF.DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this November 21,2013 AND ti. Daniel Young,Senior Vice-President •• „• Rp0/44l;Fsrs' ‘72J�� filf" rV F '• , w T. 10 r By — =0'• 1938 iG Mark J.Lansdon,Vice-President w :baa; State of California 1r County of Orange On November 21.2013 before me - Antonio Alvarado.Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark J.Lansdon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of ANTONIO ALVARADO which the person(s)acted,executed the instrument. COMM.L X3 58 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is /41, � 1. NOTARY PUBLIC CALIFORNIA , true and correct. x��+{i�� ORANGE COtlNI'Y �mnt.e59.9 2g1T WITNESS my hand and official seal �� w+Tp. Place Notary Seal Above Signature --- Antonio Alvarado,Notary Public CERTIFICATE The undersigned.as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore.that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California,this 28th day of January 2015 By • —'..-._.._ Cassie J.Berrisfor , ssistant Secretary ID-1438(Rev 11/13) IMPORTANT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para obtener inform acion o para someter una queja: You may call the Surety's toll free telephoen number Usted puede Hamar al numero de telefono gratis do for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 1-800-782-1546 You may also write to the Surety at: listed tanbien puede escribir a Surety at: P.O.Box 19725 P.O.Box 19725 Irvine,CA 92623-9725 Irvine,CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener informacion acerca de compa- coverage,rights or complaints at: nias,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 Depart.mento de Seguros de Texas P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#/512-475-1771 Fax#512-475-1771 web:http://www.tdi.state.tx.us web:http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS 0 RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo,debe comunicarse con el Surety primero.Si dispute is not resolved, you may contact the Texas no se resuclve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condition del documento adjunto. IfSC%OCp Insco Insurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company• Indemnity Company of California 17771 Cowan, Suite 100 Irvine, CA 92614 1-500-762-1546 www.Insco©Ico.com 1D-1404(TX)(Rev.5/12) Bond Number:713076S PERFORMANCE BOND FOR PARTICIPATION AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, Dos Dorado Development dba 3D Development, LLC , as Principal, hereinafter called"Developer"and the other subscriber hereto Developers Surety and 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 One Hundred Eighty Eight Thousand Seven Hundred Forty Five&No/100's ($188.745 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Developer and Surety do bind themselves,their heirs, executors,administrators,successors, and assigns,jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS,the Developer has on or about this day executed a Participation Agreement herein after called "Contract"in writing with the City of College Station for Oversize Waterline Participation Expenditures, Castlegate II Subdivision, Section 206 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 Developer shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond,then this obligation shall become null and void and shall have no further force and effect;otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Developer with the terms of the Contract, including the making of payments thereunder 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 default, or delay by the Developer 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 Developer in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Developer until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold any amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in,addition to,or deduction from the work to be done thereunder;and that such changes,if made,shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Developer 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 Developer 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 Developer 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 Participation Agreement not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Developer and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. FOR THE DEVELOPER: ATTEST,SEAL: (if a corporation) Dos Dorado Development dba 3D Development, LLC WITNESS: (if norporation (Name of Developer) r By. - 1� _ � c---' By: ��Abrsws Name: Name: WA-iL ce 5 Ph i l Le5ig. p.,H4 Title( \T \c\c\Q:-N- N- Title: nianaje Date: \�,� Date: o?-3- 15- FOR 5FOR THE SURETY: ATTEST/WITNESS (SEAL) Developers Surety and Indemnity Company (Full Name of Surety) 4-\1 -)0 2591 Dallas Pkwy,Ste. 105 By: Frisco,Tx 75034 (Address of Surety for Notice) Name:A. Smith Title: Bond Admin By: Date: January 28.2015 Name: John . Schuler Title: Attorney-In-Fact Date: January 28, 2015 FOR THE CITY REVIEWED: THE PERFORMANCE BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION,TEXAS: City Attorney City Manager Participation Agreement Project No. PAYMENT BOND Bond Number: 713076S TEXAS STATUTORY PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, Dos Dorado Development dba 3D Development,LLC , as Principal, hereinafter called "Principal" and the other subscriber hereto Developers Surety and Indemnity Company , a corporation organized and existing under the laws of the State of Iowa , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the e Hghigh City of College Station, a municipal corporation, in the sum oftven undred HundredEiForttyy EFivet Thousand00/100s ,($188,745 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the day of , 2015 for Oversize Waterline Participation Expenditures,Castledate II Subdivision.Section 206 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then,this obligation shall be null and void;otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Council Approved— 0 2/12/03 Revised 09/27/04(a) Al-FEST,SEAL: (if a corporation) Dos Dorado Development dba 3D Development, LLC WITNESS: (if not a c. oration) (Name of Contractor) B : it 1C.:1:10 t 7 By: -eel) 241,.� Name: Name: G,J�IIS PJ ;ll,'s Title: � "`S Title: kliekyaJ er Date: R-3-15- ATTEST/WITNESS -,-15- ATTEST/WITNESS (SEAL) Developers Surety and Indemnity Company (Full Name of Surety) OBy: 06\\111. ,' 2591 Dallas Pkwy,Ste. 105, Frisco,TX 75034 Name: A.Smith (Address of Surety for Notice) Title: Bond Admin Date: January 28,2015 By: Name: J hn W.Schuler Title: Attorney-In-Fact Date: January 28,2015 REVIEWED: THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COI.r.FGE STATION, TEXAS: City Attorney's Office Council Approved— 0 2/12/03 Revised 09/27/04(a) POWER OF ATTORNEY FOR Bond Number: 713076S DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint. **John W.Schuler,Walter E. Benson Jr.,Steven W. Dobson,jointly or severally*** as Its true and lawful Attorney(s)-in-Fact.to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact.pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 1st.2008. RESOLVED,that a combination of any two of the Chairman of the Board.the President.any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be and that each of them hereby is.authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute.on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be.and each of them hereby is.authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so Mixed and in the future with respect to any bond undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this November 21,2013 By: ( ��-,�.r,y.,/- Daniel Young.Senior Vice-President -sem d yJ0-ORPO4.4l%- % ) `w- OCT. `:<' vim! -----ti--------,---- ��� 10 _ =n ? By. Mark J.Lansdon,Vice-President `: 1936 ,'4-,? State of California * ? County of Orange On November 21.2013 _ _before me Antonio Alvarado.Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark J.Lansdon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies).and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of ANTONIO ALVARADO li which the person(s)acted,executed the instrument. .i!" COMM.#20335663 a' z i� i $o° :NOTARY PUBl1C CAlJFOFWlA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is , Nriliii� ORANGE COUNTY true and correct. '' ''' My Carmrt.oaglires Aug.ovzv 3017 WITNESS my hand and official seal __0f 0. Place Notary Seal Above Signature Antonio Alvarado.Notary Public CERTIFICATE The undersigned as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore.that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 28th day of January 2015 By .e-. ('')It .' • AZ414- 41.141d1- Cassie J.Berrisfor assistant Secretary tD-1438(Rev 11/13) IMPORTANT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call the Surety's toll free telephoen number Listed puede hamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 1-800-782-1546 You may also write to the Surety at: Usted tanbien puede escribir a Surety at: P.O.Box 19725 P.O.Box 19725 Irvine,CA 92623-9725 Irvine,CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener informacion acerca de compa- coverage,rights or complaints at: nias,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 Departmento de Seguros de Texas P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#512-475-1.771 Fax#512-475-1771 web:bttp://www.tdi.state.tx.us web:http:/fwww.tdi.state,tx.us E-mail:ConsumerProtection@tdi.state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS 0 RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. if the reclamo,debe comunicarse con el Surety primero.Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento (TD.I). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA: Este aviso es solo This notice is for information only and does not pars proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condition del documento adjunto. InSCe1103 Insco Insurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company• Indemnity Company of California 17771 Cowan,Suite 100 Irvine, CA 92614 1-800-782-1546 www.InscoDico.com ID-1404(TX)(Rev.5/12) SCHULTZ ENGINEERING,LLC. 2730 Longmire Drive,Suite A College Station,Texas 77845 Firm No.12327 Castlegate H Subdivision-Section 206 Engineer's Estimate of Oversize Participation Cost December 31,2014 Estimated ItemDescription Unit Quantity Unit Price Total 111 Water Construction Items w/12"Lines I 12"C900 Water Pipe w/Iraccr wire•Non-Structural Backfill,complete in place LF 515 $ 355.00 5 18,025.00 2 12"0900 Water Pipe w/tracer wire-Structural Backfill,complete in place =Ma $ 40.00 5 9,560.00 — 3 12"0900 Water Pipe wltracer wire-Restrained Joint.Spacers&End Seals,complete in S0 $ gp 00 S 4,000.00 place 4 20"Casing,complete in place NM 5 80 00 $ 3,360.00 5 12"x 12"M.J.Tee,complete in place EA $ 800.00 S 800,00 6 12"M.J.Gate Valve,complete in place EA $ 1,850.00 $ 5,550.00 7 12"x 8"M.J.Reducer,complete in place EA 5 550.00 5 550.00 8 12"x 45°M.J.Bend,complete in place FA S 650.00 S 2,600.00 9 1.5"Water Service,<15 ft(avg length=2 ft)(4"Line) FA 5 1,200.00 $ 1,200,00 10 4"Blowoff Assembly,complete in place EA S 2,200.00 S 4,400.00 11 Fire Ilydrant Assembly(w/valve,vert,extension),complete in place PA $ 3,500.00 5 14,000.00 12 8"C900 Water Pipe w/tracer wire•Structural Backfill,complete in place I.F 308 5 28.00 S 8,624.00 13 8"(2900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 1070 5 23.00 5 24,010.00 14 8"12900 Water Pipe w/tracer wire-Restrained Joint,Spacers&End Seals,complete in LF 50 $ 60.00 S 3,000 00 place 15 6"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place EN 267 5 22.00 $ 5,874.00 16 4"(2900 Water Pipe wltracer wire-Structural Backfill,complete in place LF 300 $ 20.00 5 6,000.00 17 4"C900 Water Pipe wltracer wire-Non-SOa,ctural Backfill,complete in place LF _ 1117 S 16.00 $ 17,872.00 18 16"Casing,complete in place 1.1-' 42 $ 60.00 $ 2,520.00 19 rx 8"M.J.Tec,complete in place BA I $ 600.00 $ 600.00 20 8"x 6"M J.Tee,complete in place IECIIIIIIIII S 500,00 $ 2,000.00 21 6"x 6"M J.Tee,complete in place EA S 450.00 5 1,350 00 22 6"x 4"M.J.Reducer,complete in place EA $ 300.00 5 900 00 23 8"M.J.Gate Valve,complete in place EA $ 1,250.00 $ 7,500.00 24 6"M.J.Gate Valve,complete in place EA Mil 5 1,000.00 $ 3,000.00 25 8"x 45°M.J.Bend,complete in place EA I I 5 350.00 5 3,850.00 26 4"x 45°MJ.Bend,complete in place FA 16 $ 200.00 $ 3,200.00 27 I"Water Service,<15 ft(avg length=2 ft)(4"Line) EA 2 $ 650.00 $ 1,300.00 28 I"Water Service,>15 ft(avg length=48 it)(4"Line) EA $ 850.00 $ 6,800.00 29 1.5"Water Service,<15 R(avg length=2 II)(4"Line) EA $ 800.00 $ 8,800.00 30 1.5"Water Service,<15 ft(avg length=2 ft)(6"Line) ILA 5 900.00 $ 900.00 31 1.5"Water Service,>15 ft(avg length=48 ft)(4"Line) Elli S 1,100.00 $ 8,800.00 32 1.5"Water Service,>15 ft(avg length=48 ft)(6"Line) EA 1 $ 1,200.00 S 1,200.00 33 2"Blowoff Assembly,complete in place EA 4 $ 1,000.00 $ 4,000.00 34 Connect to Existing 8"Water Line FA I $ 1,000.00 $ 1,000.00 35 Waterline Testing 1.5 t $ 1,000,00 $ 1,000.00 Water Construction items Subtotal 5 188,745.00 Page 2 of 3 Castlegate 11 Subdivision-Section 206 t Engineer's Estimate of Oversize Participation Cost December 31,2014 .. Estimated knit Price Total Description Unit �uantity Nem 1 - Water Construction Items wi 1.2"Lines I 8"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF SIS $ 23.00 $ 11,845.00 2 L 239 $ 28.00 $ 6,692.00 8"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place 3 8"C900 Water Pipe wltracer wire-Restrained Joint,Spacers 8r.End Scala,complete in Ix 50 $ 60,00 $ 3,000.00 place LF 42 $ 60.00 $ 2,520.00 3 16"Casing,complete in place EA 1 $ 550.00 $ 550.00 4 H"x 8"M.J.Tee,complete in place 5 8"M.J.Gate Valve,complete in place EA 3 $ 1,250.00 $ 3,750.00 - EA Not Needed 6 12"x 8"M.J.Reducer,complete in place 7 8"x 45°M.J.Bend,complete in place EA 4 $ 350.00 $ 1,400.00 8 1.5"Water Service,<15(i(avg length=2 ft)(8'Line) GA 1 $ 1,200.00 $ 1,200.00 9 2"BlowotT Assembly,complete in place EA 2 $ 1,000.00 5 2,000.00 EA 4 $ 3,500.00 S 14,000.00 lace in complete 10 Fire Hydrant Assembly(w/valve,vert.extension),cora p P I l 8"C900 Water Pipe w/Tracer wire-Structural Backfill,complete in place LF 308 $ 28.00 $ 8,624.00 00 $ 24,610.00$ 23: 12 8"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 1070 8"C900 Water Pipe w/tracer wire-Restrained Joint,Spacers&End Seals,complete in 1,F 50 $ 60.00 $ 3,040.00 13 place 13 6"C900 Water Pipe w/tracer wire-Nan-Slnictural Backfill,complete in place 1.F 267 S 22.00 $ 5,874.00 - 14 4"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place LF 300 $ 20 00 8 6,000 00 15 4"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place 1;; 1117 $ 16.00 S 17,872.00 - LF 42 $ 60.40 $ 2,520.00 16 16"Casing,complete in place 17 8"x 8"M.J.Tee,complete in place EA 1 5 600.00 $ 600.00 EA 4 $ 500.00 $ 2,000.00 18 8"x 6"M.J. lee,,co complete in place 19 6"x 6"M.J.Tee,complete in place EA 3 $ 450.00 $ 1,350.00 20 6"x 4"M.J.Reducer,complete in place EA 3 $ 300.00 $ 900.00 21 8"M.J.Gate Valva,complete in place EA 6 $ 1,250.00 S 7,500.00 22 6"M.J.Gate Valve,complete in place EA 3 $ 1,000.00 $ 3,000.00 23 8"x 450 M.J.Bend,complete in place EA I l S 350.00 $ 3,850.00 24 4"a 450 M.J.Bend,complete in place EA 16 S 200.00 $ 3,200.00 25 1"Water Service,<15 ft(avg length=2 fl)(4"Line) EA 2 $ 650.00 S 1,300.00 26 I"Water Service,>15 R(avg length�48 0)(4"Line) EA 8 $ 850.00 $ 6,800.00 27 1.5"Water Service,<15 ft(avg length=2 ft)(4"Line) EA 11 $ 800.00 S 8.800.00 28 1.5"Water Service,<15 R(avg length=2 It)(6"Line) EA 1 $ 900.00 $ 900.00 29 1.5"Water Service,>15 ti(avg length=48 B)(4"Line) EA 8 $ 1,100.00 S 8,800.00 30 1 5"Water Service,>15 ft(avg length=48 0)(6"Line) EA 1 $ 1,200.00 $ 1,200.00 31 2"Blowoff Assembly,complete in place EA 4 $ 1,000.00 S 4,000.00 EA 1 $ 1,000.00 S 1,000.00 32 Connect to Existing 8"Water Line 33 Waterline Testing LS 1 S 1,000.00 $ 1,000,00 Water Construction Items Subtotal S 171,657.00 Page 3 of 3 SCHULTZ ENGINEERING,LLC. 2730 Longmire Drive,Suite A College Station,Texas 77845 Firm No. 12327 Castlegate[I Subdivision-Section 206 Engineer's Estimate of Oversize Participation Cost December 31,2014 Water System w/12"Lines $ 188,745 Water System w/8"Lines $ 171,657 Difference in Construction Cost $ 17,088 Performance and Payments Bonds and Fees $ 4,500 Overall Participation Estimate _ S 21,588 (A0s.,.................:Os. JOSEPH P. SCHULTZ 65889 ' i C 'f. .,•• L 4).9 l F-12327 t'2 -J1.f SCHULTZ ENGINEERING, LLC, FOR OFFICE USE ONLY CASE NO.: \T'` DATE SUBMITTED: DZ- G (kell111114 \\ 1 TIME: `.?j� CITY OF COLT,RGF STATION STAFF: Hone of Texas A6111 University' PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal. New Project Submittal [t Incomplete Project Submittal -documents needed to complete an application. Case No.: g Existing Project Submittal. Case No.: it._( . •2 C2\ cy Project Name CJCAS-fi Ve� �t NC/ J e c g-D Contact Name Phone Number We are transmitting the following for Planning & Development Services to review and comment(check all that apply): Comprehensive Plan Amendment ❑ Non-Residential Architectural Standards Rezoning Application [ Irrigation Plan Conditional Use Permit _ Variance Request E Preliminary Plan E Development Permit ❑ Final Plat ❑ Development Exaction Appeal ] Development Plat ] FEMA CLOMA/CLOMR/LOMA/LOMR ] Site Plan ❑ Grading Plan Special District Site Plan E Other- Please specify below Special District Building /Sign ] Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS All infrastructure documents must be submitted as a complete set. The following are included in the complete set: ❑ Comprehensive Plan Amendment ❑ Waterline Construction Documents ❑ TxDOT Driveway Permit ❑ Sewerline Construction Documents n TxDOT Utility Permit ❑ Street Construction Documents n Drainage Letter or Report 0 Easement Application • Fire Flow Analysis ®% Other-Please specify E-tr-Frim-Nnc,2 ?Da na Special Instructions: 10/10 I Print Form I Cirr7 Office Use Only: OVERSIZE PARTICIPATION Time: INFORMATION SHEET Date Submitted: CITY or COLLEGE STATION Staff: [tome o/'Texas Av 1 University' THIS SECTION TO BE COMPLETED BY APPLICANT PROPERTY OWNER(S) :Dos Dorado Development,LLC d/b/a 3-D Development (Names must be exactly as they appear on the deed) STREET ADDRESS:4490 Castlegate Drive CITY:College Station STATE: Tx ZIP CODE: 77845 ALL LENDERS(Please furnish copies of all lien documents) :Diebel Family Partners,Ltd.3113 Triple Crown Court, (Name and Addresses) Denton,TX 76210 IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE(also see#5 below) : 1. State of Incorporation/Registration :Texas 2. Partners'Names(if applicable) : N/A 3. Person Authorized to Sign :Wallace Phillips IV,Manager (Name and Title) LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING : (Please check items that are attached) ❑x 1.A copy of a recent(within 90 days)deed or title insurance policy showing names of the grantors/owners. 2 For Unplatted property,a signed, sealed and dated metes and bounds description and a diagram of the property showing the location. ❑ 3. For Platted property,a copy of the plat showing the lot,block, subdivision and recording information. 0 4. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation, partnership, or joint venture. X❑ 5. Name,address and phone number of person who is to receive the oversize participation. Wallace Phillips IV,4490 Castlegate Drive,College Station,Tx,77845,979.690.7250 NaMa OVERSIZE PARTICIPATION REQUEST OP REQUEST # . -ff" CITY OF COLLEGE STATION Planning and Development Services Project Name: Castlegate[I Section 206 Subdivision: Castlegate II Section 206 Developer: Dos Dorado Development,L.L.C.d/b/a 3-D Development Engineer/Firm: Schultz Engineering L.L.C. Project Description: Upsize 804 LF water line through Castlegate II Section 206 Total Cost Estimate: $ 171,657.00 City Contribution Requested: Water: $21,588.00(13%) Construction Schedule: Spring 2015 Comments: Upsize water line from 8-inch to 12-inch P/DS Engineer Signature/Date 2 /2O College Station Utilities , `i►'''r Engineer Approval: y-- IA Z gVs5 Division Manager Approval: �.fflif1e _ _ - - 1 t Director Approval: ' � 5 Comments: FUNDING: Water Capital Improvement Project Fund Available: $ 25,000.00 Current Request: $ 21,588.00 Remaining Amount Available: $ 3,412.00 Finance Funding Source: WATER CAPITAL IMPROVEMENT PROJECT FUND Approval(Signature&Date): Note: Attach location map and engineer's estimate. I of 1 411' CONTRACT & AGREEMENT ROUTING FORM 155 CITY OF COILEGE STATION 14-291 Home ofTex sAd'MVl University' CONTRACT#:\ 5 PROJECT#: BID#: RFP: Contract Description: Participation Agreement for Public Improvements Project Name: Castlegate II Section 206 Water Line Improvements Name of Contractor: Dos Dorado Development, LLC d/b/a 3-D Development CONTRACT TOTAL VALUE: $ 21 ,588.00 Grant Funded Yes II No If yes,what is the grant number: Debarment Check Yes No U N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No is N/A Buy America Required M Yes No N/A Transparency Report fl Yes 0 No Q N/A • NEW CONTRACT n RENEWAL# fCHANGE ORDER# OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost,summary tabulation) Water Capital Improvements Project Fund. Total Cost estimate for$188,745.00(does not include bonds) (If required)* CRC Approval Date*: Council Approval Date*: Agenda Item No*: --Section to be completed by Risk and Purchasing Only— Insurance Certificates: Performance Bond: Payment Bond: SIGNATURES RECOMMENDING APPROVAL DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE LEGAL DEPARTMENT DATE EXECUTIVE DIRECTOR, BUSINESS SERVICES DATE APPROVED&EXECUTED CITY MANAGER DATE MAYOR(if applicable) DATE CITY SECRETARY(if applicable) DATE —Original(s)sent to C50 on Scanned into Laserfiche on Original(s)sent to Fiscal 017— _ S38totes 1-r-7- is- 38 37 32 28 27 25 23 18 17 13 12 N Scale=1:384(Feet) 1 N 41°56'29"E 714.28 21 N64°22'35"W 58.62 2 S 48°3'31"E 410.50 22 S 64°50' 10"W 89.41 3 N 86°56'29"E,ch 35.36,r 25 L 23 N 59°39'33"W 92.34 4 S48°3'31"E50 24 S 72°09' 1"W 54.75 5 S3°3'31"E,ch 35.36,r25L 25 N56°06'26"W 85.10 6 S 48°3'31"E 258.92 26 S 33°33'04"W 54.03 7 S 50°32'37"E,ch 46.52,r 536.5 L 27 N 88°6'49"W 84.93 8 S 53° 1'43"E 480.91 28 N 58°52'50"W 135.41 9 N 41°56'29"E 27.33 29 S 66°38'21"W 76.07 10 S 48°3'31"E 111.39 30 N34°47'57"W 50.12 11 S 41°55'52"W 769.65 31 N 23°42'35"E 24.18 12 N48°21'9"W 158.04 32 N81°57'29"W 125.57 13 N 56° 19'49"E 85.94 33 S 10°37'48"E 41.67 14 N 24°48'53"W 49.81 34 S 80°46'49"W 36.76 15 N 67°1'46"W 65.96 35 N 41°6'28"W 41.21 16 S50°32'25"W 60.05 36 N 33'10"E 33.24 17 N 52°33'01"W 90.43 37 N 13°02'31"E 296.67 18 N 31°31'E 78.55 38 N 48°3'24"W 166.28 19 N52°41'45"E53.92 20 N 4°33'48"W 27.74 Schultz Engineering, LLC Office: 979.764.3900 Fax: 979.764.3910 December 1,2014 Kevin Ferrer Graduate Civil Engineer City of College Station 1101 Texas Avenue College Station,TX 77840 Re: Request for Oversize Participation Expenditures Castlegate II Subdivision,Section 206 Dear Mr.Ferrer: With this letter we wish to initiate a request for Oversize Participation by the City of College Station for the 12" water line being installed with Section 206 of the Castlegate II Subdivision. This water line was designed to comply with the City's Water Master Plan. The construction plans for the water system are included with this submittal for your review. They show approximately 834 linear feet of 12"water line routed through Section 206. hi the attached Water System Report,the water system has been modeled using an 8"water line as the main line. The model demonstrates that the system performs above minimum standards using the 8" line as the main line. We conclude that anything larger than an 8" line can be considered oversized. Also, included with this submittal is an estimated cost of the water system using 12" lines and another using 8" lines. The difference in construction cost between the two line sizes and the related fittings is $15,308. We believe this is a conservative number and that the actual construction costs should not exceed that figure. I also estimate a cost of$4,500 for the performance and payment bonds and other fees. The total Oversized Participation request is$19,808. This figure is approximately 12.6%of the overall water system cost and is well below the threshold limit of 30%,where competitive bidding becomes a requirement. We ask that you review this submittal and let us know what subsequent steps we need to take to move forward with this request. Sincerely, Schultz Engineering,LLC. .,i Joe S ultz,P.E. Civil ngineer/Manager Attachments 4.as i P.O. Box 11995 • College Station,Texas 77842 schultzengineeringllc.com 11.2.,) SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No. 12327 Castlegate II Subdivision- Section 206 Engineer's Estimate of Oversize Participation Cost December 1,2014 Water System w/12" Lines $ 172,729 Water System w/8"Lines $ 157,421 Difference in Construction Cost $ 15,308 Performance and Payments Bonds and Fees $ 4,500 Overall Participation Estimate $ 19,808 Ari" */�� \* ' ir 4 JOSEPH P. SCHULTZ .:19Ati � , r' * V / F-12327 I2-I'llt SCHULTZ ENGINEERING, LLC. SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No. 12327 Castlegate II Subdivision-Section 206 Engineer's Estimate of Oversize Participation Cost December 1,2014 Estimated Item Description UnitUnit Price Total Quantity Water Construction Items w/12"Lines 1 12"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 654 $ 35.00 $ 22,890.00 2 12"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place LF 180 $ 40.00 $ 7,200.00 3 12"x 12"M.J.Tee,complete in place EA 1 $ 800.00 $ 800.00 4 12"M.J.Gate Valve,complete in place EA 2 $ 1,850.00 $ 3,700.00 5 12"x 8"M.J.Reducer,complete in place EA 1 $ 550.00 $ 550.00 6 12"x 45°M.J.Bend,complete in place EA 2 $ 650.00 $ 1,300.00 7 4"Blowoff Assembly,complete in place EA 2 $ 2,200.00 $ 4,400.00 8 Fire Hydrant Assembly(w/valve,vert.extension),complete in place EA 4 $ 3,500.00 $ 14,000.00 9 8"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place LF 307 $ 28.00 $ 8,596.00 10 8"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 1117 $ 23.00 $ 25,691.00 11 6"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 265 $ 22.00 $ 5,830.00 12 4"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place LF 300 $ 20.00 $ 6,000.00 13 4"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 1117 $ 16.00 $ 17,872.00 14 8"x 8"M.J.Cross,complete in place EA 1 $ 600.00 $ 600.00 15 8"x 6"M.J.Tee,complete in place EA 3 $ 500.00 $ 1,500.00 16 6"x 6"M.J.Tee,complete in place EA 3 $ 450.00 $ 1,350.00 17 8"x 6"M.J.Reducer,complete in place EA 1 $ 350.00 $ 350.00 18 6"x 4"M.J.Reducer,complete in place EA 3 $ 300.00 $ 900.00 19 8"M.J.Gate Valve,complete in place EA 4 $ 1,250.00 $ 5,000.00 20 6"M.J.Gate Valve,complete in place EA 3 $ 1,000.00 $ 3,000.00 21 8"x 45°M.J.Bend,complete in place EA 12 $ 350.00 $ 4,200.00 22 4"x 45°M.J.Bend,complete in place EA 16 $ 200.00 $ 3,200.00 23 1"Water Service,< 15 ft(avg length=2 ft)(4"Line) EA 2 $ 650.00 $ 1,300.00 24 1"Water Service,> 15 ft(avg length=48 ft)(4"Line) EA 8 $ 850.00 $ 6,800.00 25 1.5"Water Service,< 15 ft(avg length=2 ft)(4"Line) EA 11 $ 800.00 $ 8,800.00 26 1.5"Water Service,< 15 ft(avg length=2 ft)(6"Line) EA 1 $ 900.00 $ 900.00 27 1.5"Water Service,> 15 ft(avg length=48 ft)(4"Line) EA 8 $ 1,100.00 $ 8,800.00 28 1.5"Water Service,> 15 ft(avg length=48 ft)(6"Line) EA 1 $ 1,200.00 $ 1,200.00 29 2"Blowoff Assembly,complete in place EA 4 $ 1,000.00 $ 4,000.00 30 Connect to Existing 12"Water Line EA 1 $ 1,000.00 $ 1,000.00 31 Waterline Testing LS 1 $ 1,000.00 $ 1,000.00 Water Construction Items Subtotal $ 172,729.00 Page 2 of 3 Castlegate II Subdivision-Section 206 Engineer's Estimate of Oversize Participation Cost December 1,2014 Unit Estimated Unit Price Total Item Description Quantity Water Construction Items w/12" Lines 1 8"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 654 $ 23.00 $ 15,042.00 2 8"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place LF 180 $ 28.00 $ 5,040.00 3 8"x 8"M.J.Tee,complete in place EA 1 $ 550.00 $ 550.00 4 8"M.J.Gate Valve,complete in place EA 2 $ 1,250.00 $ 2,500.00 5 12"x 8"M.J.Reducer,complete in place Not Needed 6 8"x 45°M.J.Bend,complete in place EA 2 $ 350.00 $ 700.00 7 2"Blowoff Assembly,complete in place EA 2 $ 1,000.00 $ 2,000.00 8 Fire Hydrant Assembly(w/valve,vert.extension),complete in place EA 4 $ 3,500.00 $ 14,000.00 9 8"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place LF 307 $ 28.00 $ 8,596.00 10 8"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 1117 $ 23.00 $ 25,691.00 11 6"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 265 $ 22.00 $ 5,830.00 12 4"C900 Water Pipe w/tracer wire-Structural Backfill,complete in place LF 300 $ 20.00 $ 6,000.00 13 4"C900 Water Pipe w/tracer wire-Non-Structural Backfill,complete in place LF 1117 $ 16.00 $ 17,872.00 14 8"x 8"M.J.Cross,complete in place EA 1 $ 600.00 $ 600.00 15 8"x 6"M.J.Tee,complete in place EA 3 $ 500.00 $ 1,500.00 16 6"x 6"M.J.Tee,complete in place EA 3 $ 450.00 $ 1,350.00 17 8"x 6"M.J.Reducer,complete in place EA 1 $ 350.00 $ 350.00 18 6"x 4"M.J.Reducer,complete in place EA 3 $ 300.00 $ 900.00 19 8"M.J.Gate Valve,complete in place EA 4 $ 1,250.00 $ 5,000.00 20 6"M.J.Gate Valve,complete in place EA 3 $ 900.00 $ 2,700.00 21 8"x 45°M.J.Bend,complete in place EA 12 $ 350.00 $ 4,200.00 22 4"x 45°M.J.Bend,complete in place EA 16 $ 200.00 $ 3,200.00 23 1"Water Service,< 15 ft(avg length=2 ft)(4"Line) EA 2 $ 650.00 $ 1,300.00 24 1"Water Service,> 15 ft(avg length=48 ft)(4"Line) EA 8 $ 850.00 $ 6,800.00 25 1.5"Water Service,< 15 ft(avg length=2 ft)(4"Line) EA 11 $ 800.00 $ 8,800.00 26 1.5"Water Service,< 15 ft(avg length=2 ft)(6"Line) EA 1 $ 900.00 $ 900.00 27 1.5"Water Service,> 15 ft(avg length=48 ft)(4"Line) EA 8 $ 1,100.00 $ 8,800.00 28 1.5"Water Service,> 15 ft(avg length=48 ft)(6"Line) EA 1 $ 1,200.00 $ 1,200.00 29 2"Blowoff Assembly,complete in place EA 4 $ 1,000.00 $ 4,000.00 30 Connect to Existing 8"Water Line EA l $ 1,000.00 $ 1,000.00 31 Waterline Testing LS 1 $ 1,000.00 $ 1,000.00 Water Construction Items Subtotal S 157,421.00 Page 3 of 3 Office Use Only: (J4'44 OVERSIZE PARTICIPATION Time: Date Submitted: CITY OFCOJ.J.FGESTA1TIOty INFORMATION SHEET Staff: Home of Texas AdM University° THIS SECTION TO BE COMPLETED BY APPLICANT PROPERTY OWNER(S) :Dos Dorado Development,LLC d/b/a 3-D Development (Names must be exactly as they appear on the deed) STREET ADDRESS : 4490 Castlegate Drive CITY :College Station STATE: Tx ZIP CODE : 77845 ALL LENDERS (Please furnish copies of all lien documents) : Diebel Family Partners,Ltd.3113 Triple Crown Court, (Name and Addresses) Denton,TX 76210 IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see#5 below) : 1. State of Incorporation/Registration : Texas 2. Partners' Names (if applicable) : N/A 3. Person Authorized to Sign :Wallace Phillips IV,Manager (Name and Title) LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING : (Please check items that are attached) 1. A copy of a recent(within 90 days) deed or title insurance policy showing names of the grantors/owners. ❑X 2. For Unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location. ❑ 3. For Platted property, a copy of the plat showing the lot, block, subdivision and recording information. ❑x 4. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation, partnership, or joint venture. x❑ 5. Name, address and phone number of person who is to receive the oversize participation. Wallace Phillips IV,4490 Castlegate Drive,College Station,Tx,77845,979.690.7250 Print Form 10,.3.4 \\ o