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Purchase Order
BLL TO Purchase Order (irifil4 City of College Station Fiscal Year 2015 Page 1 of 1 Accounting Division PO Box 9973 Order Date 05/05/2015 CITY or Col.11.GT..STATION College Station, TX 77842-9973 H°"'""rx"th"ni"""Y• (979) 764-3569 Fax: (979) 764-3899 c h Purchase 15200541 -00 VendorinvoiceEntry@cstx.gov Order# ✓ PEBBLE CREEK LAND COMPANY E 5102 STONEWATER LOOP THIS NUMBER MUST APPEAR ON ALL N COLLEGE STATION TX 77845 INVOICES, PACKAGES AND SHIPPING PAPERS. D 0 R PEBBLE CREEK LAND COMPANY S PLANNING & DEVELOPMENT SERVICE 5102 STONEWATER LOOP H PO Box 9960 M COLLEGE STATION TX 77845 1101 Texas Ave S College Station TX 77842 T T O Vendor Phone Number Vendor Fax Number, Requisition Number Delivery Reference i Date Ordered Vendor Number Date Required Freight Method/Terms Departmept/Location ,,,,o-_ M„, 05/05/2015 2565 Planning & Development Service Item# Description/Part No. Qty UOM Unit Price Extended Price 1 Pebble Creek Phase 7D Water Line Improvements 49996.0 EACH $1.000 $49,996.00 WTWOC- 6581 $49,996.00 Prices, terms, conditions and specifications of Contract No. 15-154 shall apply to this purchase order. Participation Agreement for Pebble Creek Phase 7D Water Line Improvements Contract Manager: Kevin Ferrer By Lisa Davis IA Buyer Total Ext. Price $49,996.00 \/FAlllfP (`(IPV Pfl Tntal 549.996.00 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 Pebble Creek Land Company,a Texas Limited Liability Company (hereinafter"Developer"). WHEREAS, Developer is developing property within the City of College Station, more particularly described as Pebble Creek Phase 7D 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. 15-154 CRC-April, 1,2013 1.3 Developer means Pebble Creek Land Company, a Texas Limited Liability Company, whose principal office is located 5102 Stonewater 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 Pebble Creek Phase 7D 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 ($49,996) and percentage (13%) 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($49,996) 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 Licensed Professional Engineer at Developer's expense and signed by an authorized official of the entity. Participation Agreement 3 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 withhold funds until the nonconforming work conforms to the Approved Plans or terminate this Agreement at City's election without any further liability. Participation Agreement 4 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. 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. Participation Agreement 5 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: Pebble Creek Land Company City of College Station Davis Young City Engineer 5102 Stonewater Drive P.O. Box 9960 College Station, TX 77845 College Station, TX 77842 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 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. Participation Agreement 6 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 Pebble Creek Land Company CITY OF COLLEGE STATION BY: i17� BY. ' City Manager Printed Name: 12/ i5 /� v� Date: ///I.7 7/6� Title: PrQ s �^�l �� AP ROVED Date: 3/57/S 'qlv6 ity Attorney Date: Assist. �� ! Manager/CFO Date: - Z -rS Participation Agreement 7 Exhibit A Description of the Property 8 Participation Agreement FIELD NOTES Being all that certain tract or parcel of land lying and being situated in the S.W.ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas and being part of the 76.927 acre Tract 2-B described in the deed from Pebble Creek Development Company to Pebble Creek Land Company recorded in Volume 11447, Page 250 of the Official Records of Brazos County, Texas (O.R.B.C.) and part of the called 27.29 acre tract described in the deed from W. D_ Fitch and Young Brothers, Inc., Contractors to the City of College Station recorded in Volume 1029,Page 13 (O.R.B.C.)and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2-inch iron rod marking the common most southerly corner of Lots 9 and 10, Block 43,PEBBLE CREEK PHASE 7-A Subdivision as recorded in Volume 3591,Page 235(O.R.B.C.), said iron rod also being in the northeast line of the called 27.29 acre City of College Station tract; THENCE: along the southeasterly lines of said PEBBLE CREEK PHASE 7-A Subdivision for the following eleven(11)calls: 1) N 41°51'36"E for a distance of 49.10 feet to a found 1/2-inch iron rod for corner, 2) N 27°57'44"E for a distance of 123.33 feet to a found 1/2-inch iron rod for corner, 3) N 62° 14'00"E for a distance of 98.48 feet to a found 1/2-inch iron rod for corner, 4) N 50°25'31"E for a distance of 150.44 feet to a found 1/2-inch iron rod for corner, 5) N 58°38'40"E for a distance of 93.29 feet to a found 1/2-inch iron rod for corner, 6) N 70° 17'00"E for a distance of 64.82 feet to a found 1/2-inch iron rod for corner, 7) N 67°39'20"E for a distance of 186.18 feet to a found 1/2-inch iron rod for corner, 8) N 68°32'58"E for a distance of 291.60 feet to a found 1/2-inch iron rod for corner, 9) N 72°32'39"E for a distance of 201.84 feet to a found 1/2-inch iron rod for corner, 10)N 62°49'37"E for a distance of 105.22 feet to a found 1/2-inch iron rod for corner,and 11)N 35°32' 18"E for a distance of 21.93 feet to a found 1/2-inch iron rod marking the west corner of Lot 75, Block 43, PEBBLE CREEK PHASE 7-C Subdivision as recorded in Volume 12131, Page 110(O.R.B.C.); THENCE: along the northeasterly lines of said PEBBLE CREEK PHASE 7-C Subdivision, same being through the interior of the said 76.927 acre Pebble Creek Land Company tract for the following eight(8) calls: 1) S 35°31'31"E for a distance of 220.78 feet to a found 1/2-inch iron rod for corner, 2) S 42°45'01"E for a distance of 309.43 feet to a found 1/2-inch iron rod for corner, 3) S 49°43'20"E for a distance of 114.84 feet to a found 1/2-inch iron rod for corner, 4) 449.42 feet in a clockwise direction along the arc of a curve having a central angle of 28°27' 10", a radius of 905.00 feet, a tangent of 229.44 feet and a long chord bearing N 49° 44' 10"E at a distance of 444.81 feet to a found 1/2-inch iron rod for corner; 5) S 39° 34' 55"E for a distance of 116.56 feet to a found 3/4-inch iron pipe marking the Point of Curvature of a curve to the right, 6) 41.12 feet along the arc of said curve having a central angle 94° 14'26",a radius of 25.00 feet,a tangent of 26.92 feet and a long chord bearing S 07° 32' 17"W at a distance of 36.64 feet to a found 3/4-inch iron pipe for corner, 7) S 30°37'24"E for a distance of 60.20 feet to a found 1/2-inch iron rod for corner,and 8) S 45°00'57"E for a distance of 267.20 feet to a found 1/2-inch iron rod marking the south corner of Lot 58,Block 39 of said PEBBLE CREEK PHASE 7-C,said iron rod also being in the east line of the said 76.927 acre tract and the west line of the called 1265.370 acre City of College Station Lick Creek Park tract recorded in Volume 488, Page 756 of the Brazos County Deed Records (B.C.D.R.), THENCE: along the common line of the said 76.927 acre tract and the said west line of the City of College Station Lick Creek Park tract for the following three(3)calls: 1) S 44°58'54"W for a distance of 718.91 feet to a found 1/2-inch iron rod for corner, 2) S 27°48'54"W for a distance of 536.67 feet to a found 1/2-inch iron rod for corner,and 3) S 86°48' 54"W for a distance of 711.81 feet to a found 1/2-inch iron rod marking the southwest corner of the said 76.927 acre Pebble Creek Land Company tract and the upper southeast corner of the beforesaid 27.29 acre City of College Station tract(1029/13); THENCE: N 39° 34' 55"W along the common line of the said 76.927 acre and 27.29 acre tracts for a distance of 302.62 feet to a 1/2-inch iron rod set for corner; THENCE: S 50° 25' 05"W through the said 27.29 acre City of College Station tract for a distance of 166.10 feet to a found 1/2-inch iron rod marking the north corner of Lot 67,Block 46,PEBBLE CREEK PHASE 9-D Subdivision as recorded in Volume 7655, Page 245 (O.R.B.C.), the northeast corner of St. Andrews Drive(based on a 60-foot width)and being in the southwest line of the said 27.29 acre tract; THENCE:N 39°35'04"W along the before-mentioned southwest line,said line being common with the northeast line of PEBBLE CREEK PHASE 9-D Subdivision, the northeast line of PEBBLE CREEK PHASE 9-E Subdivision as recorded in Volume 7311, Page 267 (O.R.B.C.) and the northeast line of PEBBLE CREEK PHASE 9-C Subdivision according to the Amending Plat recorded in Volume 11176, Page 190(O.R.B.C.)for a distance of 2003.85 feet to a found 1/2-inch iron rod marking the north corner of said PEBBLE CREEK PHASE 9-C Subdivision, said iron rod also being in the southeast line of PEBBLE CREEK PHASE 4-B Subdivision as recorded in Volume 2324,Page 199(O.R.B.C.); THENCE:N 50° 19' 50"E along the said southeast line of PEBBLE CREEK PHASE 4-B for a distance of 166.18 feet to a found 1/2-inch iron rod marking the west corner of Lot 1,Block 43 of said PEBBLE CREEK PHASE 7-A Subdivision, said iron rod also being in the before-mentioned northeast line of the 27.29 acre City of College Station tract(1029/13); THENCE: S 39°34'55"E along the southwest line of said PHASE 7-A and the northeast line of the said 27.29 acre tract for a distance of 1110.76 feet to the POINT OF BEGINNING and containing 55.025 acres of land,more or less,according to a survey made on the ground under the supervision of Kevin R. McClure,Registered Professional Land Surveyor,State of Texas,No.5650,in January,2015. ,sP•rGis7Ege.;fy�, � kik h*.KEVIN R.McCL % ( / , Exhibit B Description of the Project Pebble Creek 7D is part of the Pebble Creek Subdivision which is located east of William D. Fitch Parkway &north of State Highway 6. The Oversize Participation request is for an upsize from an 8-inch water line to a 12-inch water line that is running along Royal Adelade Loop which ultimately ties into the future 12-inch line along future Pebble Creek Parkway. ur Z Participation Agreement 9 t 1/4 i f p # ' , •'SSE' .y Y .,. , ,.. *- ......,„.„ ' , ' .**. ''''*1 * • *;:)# / 4 ''' , N.00000„, -` ' 17 ,..',.‘4( a If s. y } .:� '" #3 � :gym 4., ,/ , . ,-L. 411;, 4 -: - ;voatirl ` 'f a '`. 1 44; ' NO..' - '''' - -- ill 4, , IO.*44‘414 .1:41(, III.' ,It.° fr. s, \ „ 1 ON w A. , m - Q� 4 ' n 40 • m m t.r -47 og m 0 '#r ..*,-• r1 } `- } Exhibit C Engineer's estimate of the costs of the Project Participation Agreement 10 • PEBBLE CREEK PHASE 7D & PEBBLE CREEK PARKWAY MBESI PROJ#: 1065-0019 OVERSIZE PARTICIPATION ESTIMATE March 30, 2015 Item if Description Unit Quantity Unit Price Total 12" Water System Construction 1 12"PVC, C900 Cl 200, Water Line, Str. Backfill L.F. 1,868 43.35 80,978 • 2 12"PVC, C900 Cl 200,Water Line,Non-Str.Backfill L.F. 1,931 38.00 73,378 3 8"PVC, C900 Cl 200,Water Line,Str.Backfill L.F. 2,651 35,00 92,785 4 8"PVC, C900 Cl 200, Water Line,Non-Str.Backfill L.F. 168 27.00 4,536 5 6"PVC, C900 Cl 200,Water Line,Str.Backfill L.F. 738 24.00 17,712 6 4"PVC, C900 CI 200,Water Line, Str.Backfill L.F. 312 18,00 5,616 7 Fire Hydrant Assembly EACH 6 3,500.00 21,000 8 12"x12"M.J.Tee EACH 1 700.00 700 9 12"x8"M.J, Tee EACH , 2 675.00 1,350 10 8"x8"M.J.Tee EACH 1 475.00 475 11 8"x6"M.J.Tee EACH 3 400.00 1,200 12 8"x4"M.J.Tee EACH 1 350.00 350 i 13 12"Gate Valve EACH 5 2,200.00 11,000 14 12"x8"Reducer EACH 1 500.00 500 14 8"M.J. Gate Valve EACH 8 1,250.00 10,000 ' 15 6"M.J. Gate Valve EACH 3 950.00 2,850 16 12"x13"M.J. Anchor Coupling EACH 6 250.00 1,500 17 8"x13"M.J.Anchor Coupling EACH 9 250.00 2,250 18 6"x13"M.J.Anchor Coupling EACH 8 250.00 2,000 19 12"x45 deg.Bend EACH 2 250.00 500 `. 20 8"x22,5 deg.Bend EACH 2 250.00 500 I 21 8"x11.25 deg.Bend EACH 1 250.00 250 22 6"x45 deg. Bend EACH 1 250.00 250 i 22 6"x22.5 deg.Bend EACH 1 250.00 250 23 6"x11.25 deg.Bend EACH 1 250.00 250 22 2"Blow Off Valve Assembly EACH 1 1,100.00 1,100 , 23 Connect to Existing Waterline EACH 3 1,100.00 3,300 24 Water Service, 1"Type K Copper Short Side(<20') EACH 1 800.00 800 25 Water Service, 1.5"Type K Copper Short Side(<20') EACH 17 950.00 16,150 26 Water Service, 1"Type K Copper Short Side(>20') EACH 1 1,250.00 1,250 27 Water Service, 1.5"Type K Copper Short Side(>20') EACH 20 1,450.00 29,000 12"Water System Subtotal $383,780 f , t i { 1 of 2 1 PEBBLE CREEK PHASE 7D & PEBBLE CREEK PARKWAY MBESI PROJ#: 1065-0019 OVERSIZE PARTICIPATION ESTIMATE March 30, 2015 Item# Description Unit Quantity Unit Price Total 8" Water System Construction 1 12"PVC, C900 CI 200,Water Line,Str.Backfill L.F. 0 43.35 0 2 12"PVC, C900 Cl 200,Water Line,Non-Str.Backfill L.F. 0 38.00 0 3 8"PVC,C900 Cl 200,Water Line,Str.Backfill L.F. 4,519 35.00 158,165 4 8"PVC,C900 CI 200,Water Line,Non-Str.Backfill L.F. 2,099 27.00 56,673 • 5 6"PVC, C900 Cl 200,Water Line,Str.Backfill L.F. 738 24.00 17,712 6 4"PVC, C900 Cl 200,Water Line,Str.Backfill L.F. 313 18.00 5,634 7 Fire Hydrant Assembly EACH 5 3,500.00 17,500 8 12"x12"M.J. Tee EACH 0 700.00 0 9 12"x8"M.J.Tee EACH 0 675.00 0 10 8"x8"M.J.Tee EACH 6 475.00 2,850 11 8"x6"M.J.Tee EACH 3 400.00 1,200 12 8"x4"M.J.Tee EACH 1 350.00 350 13 12"Gate Valve EACH 0 2,200.00 0 14 12"x8"Reducer EACH 0 500.00 0 15 8"M.J. Gate Valve EACH 13 1,250.00 16,250 16 6"M.J. Gate Valve EACH 3 950.00 2,850 17 12"x13"M.J. Anchor Coupling EACH 0 250.00 0 18 8"x13"M.J. Anchor Coupling EACH 15 250.00 3,750 19 6"x13"M.J. Anchor Coupling EACH 8 250.00 2,000 20 12"x45 deg,Bend EACH 0 250.00 • 0 21 8"x22.5 deg.Bend EACH 4 250.00 1,000 22 8"x11.25 deg.Bend EACH 1 250.00 250 23 6"x45 deg.Bend EACH 1 250.00 250 23 6"x22.5 deg.Bend EACH 1 250.00 250 24 6"x11.25 deg.Bend EACH 1 250.00 250 23 2"Blow Off Valve Assembly EACH 1 1,100.00 1,100 24 Connect to Existing Waterline EACH 3 1,100.00 3,300 25 Water Service, 1"Type K Copper Short Side(<20') EACH 1 800.00 800 26 Water Service, 1.5"Type K Copper Short Side(<20') EACH 17 950.00 16,150 27 Water Service, 1"Type K Copper Short Side(>20') EACH 1 1,250.00 1,250 28 Water Service, 1.5"Type K Copper Short Side(>20') EACH 20 1,450.00 29,000 8"Water System Subtotal $338,534 TOTAL CONSTRUCTION COST $45,246 BONDING COSTS $4,750 TOTAL OP REQUEST $49,996 The above construction estimate is based on the engineer's preliminary opinion of probable construction costs. This estimate constitutes our best judgment at this time. Please note that the engineer does not have any control over contractor or suppliers..:k.,,��,.9�, 41 �m';t,'f tl'-'t`-,1,1p / / i/ 1 f 0µ( .• �ycf��a'J 1, , • Jeffery I"o•`rtsonf'. . Date V .. .1 1 .u. 94745. -`•z_ '' 2 of 2 L,c‘..%:%:zo'` Exhibit D Insurance Requirements Throughout the term of this Agreement, Developer(Contractor) must comply with the following: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation II. General Requirements Applicable to All Policies: A. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent B. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit"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. IV. Business Automobile Liability Participation Agreement 11 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 contained or to impose stricter standards of documentation: Participation Agreement 12 "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 5S 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 penal- ties, 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 ifthe 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 A CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 2/11/2015 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 CONTACT Alisha Johnson NAME: Bailey Insurance & Risk Management (n/CNNo.Ext): (254)753-5317 (A/C,No1:(254)753-1132 1201 Washington Ave. noDRess:alisha@baileyinsurance.com P.0. Box 2 98 INSURER(S)AFFORDING COVERAGE NAIC# Waco TX 76701 INsuRERA:Cincinnati Specialty Underwrit INSURED INSURERB:PrOgresSive County Mutual Ins. 29203 Pebble Creek Land Company INSURERc:Texas Mutual Insurance Company 22945 PO Box 10660 INSURERD: INSURER E: College Station TX 77842 INSURERF: COVERAGES CERTIFICATE NUMBER:2015 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100 000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A CLAIMS-MADE X OCCUR CSU0055067 2/7/2015 2/7/2016 MED EXP(Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X�POLICY PE? LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED X SCHEDULED 01350556-1 2/7/2015 2/7/2016 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) Policy Fee $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION X TORY IMITS WC STATU- 0T H- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE ER YIN NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEM(Mandatory ER NH) SBP0001262129 SBP0001262129 12/12/201412/12/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The Certificate Holder is included as an Additional Insured on the General Liability and Auto Liability Policies if required by written contract between the Named Insured and the Certificate Holder. Waiver of Subrogation shall be granted to the Certificate Holder under the referenced General Liability, Automobile Liability, and Workers Compensation Policies if required by written contract. Coverage for the Additional Insured under the General Liability and Automobile Liability Policies shall be provided on a Primary & Non-Contributory basis if required by written contract. The General Liability Policy, the Automobile Liability Policy, and the Workers Compensation Policy include an endorsement providing that 30 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of College Station P. 0. Box 9960 College Station, TX 77842 AUTHORIZED REPRESENTATIVE Wes Bailey/ALISHA r 't.. 3 4,.--)...>47:7----c. ... ...._ ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn25 rynlnnsl n1 Thn A(`(1Rr1 nam..and Innn arc ronictcrcrl marlec of A(:C Pfl COMMENTS/REMARKS days Notice of Cancellation will be furnished to the Certificate Holder (with the exception of cancellation for non-payment of premium) . OFREMARK COPYRIGHT 2000, AMS SERVICES INC. 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 19 461 241 P PERFORMANCE BOND FOR PARTICIPATION AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, Pebble Creek Land Company, 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 Three Hundred Ninety Thousand, Seven Hundred Twenty-Four Dollars and 00/100 Cents ($390,724.00) 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 Pebble Creek Phase 7D MBESI PROJ #: 1065-0019 Water System 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 Contract No. f S"ISy CRC-April, 1,2013 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) Pebble Creek Land Company WITNESS:(if not a corporation) (Name of Developer) By: �..��� j By: Name: k ' �� -(C"'e(- Name: ' OA►' - U Title: W 4yteS S.. Title: IfkhA,fj-br Date: tj la-1 Iti Date: I�•l Q..` 11-1 FOR THE SURETY: ATTEST/WITNESS (SEAL) Developers Surety and Indemnity Company (Full Name of Surety) By:4, PO Box 19725,Irvine,CA 92623 (/ (Address of Surety for Notice) Name: fahJ vchtnle/ Title: 49 It" f 1/1/1÷tie By• Date: t7.//�PDl�f' Na :Jake Morphew /// Title: Underwriter and Attorney-in-Fact Date: 12-10-14 FOR THE CITY REVIEWED: THE PERFORMANCE BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE OrP.ON,TEXAS: City Attorney City Manage Participation Agreement3 2 461241P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Ronald B. Gengler,Jake Sitzmann, Rina Patel,Jennifer Rumancik, Scott Schwind,Sam W.Allison, Jake Morphew,John A. Couger, Greg Parrish,Terry A. Brown,jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(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 corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(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 resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations 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 corporations 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 and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this November 21,2013. 7 ,........ By. Daniel I211 un Senior Vice rJ�t APORq N��� 17, el-FIFA PPORgO �'Da 9, -r. V0le• -e s T -7 �.� =w: OOT `02 g OCT. O t� =o`: 1936 =Q= ,ua 1967 x Mark J.Landon,Vice-President '- • c P 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 — � �d..A A► t capacity(ies),and that by his/hedtheir signature(s)on the instrument the person(s),or the entity upon behalf of AMMO ALVARADO which the person(s)acted,executed the instrument. . S..t COMM.#2033666 I certifyunder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is o" ',T'''' NOTARY PUBLIC CAST MA `3' '�' r� true and correct. It �� , ORANGE COUNTY n",° My comm.ecpires Aug.9,2017 1(14/ WITNESS my hand and official seal. Place Notary Seal Above Signature_ Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,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 resolutions of the respective Boards of Directors of said corporations 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 10 day of Dec. . 2014 By: (! '�'' Cassie J.Berrisfor , ssistart Secretary I. ID-1380(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 telephone number Usted 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#512-475-1771 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 resuelve 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 condicion del documento adjunto. GROUP 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)