Loading...
HomeMy WebLinkAboutParticipation AgreementCITY 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 Limited Liability Company 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 102 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. 14-268 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 at 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 102 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 23% 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 C. 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 costt 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 d/b/a 3-D Development Wallace Phillips IV 4490 Castlegate Drive College Station, TX 77845 City of College Station City Engineer P.O. Box 9960 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 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 D/B/A 3-D DEVELOPMENT BY: 4 o.�� Printed Name: �a U�.-e S Title: CITY OF COLLEGE STATION er �`y, -- ate,r Participation Agreement Exhibit A Description of the Property Participation Agreement METES AND BOUNDS DESCRIPTION OF A 6.376 ACRE TRACT ROBERT STEVENSON LEAGUE, A-54 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT 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 202.66 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 1/2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF A CALLED 75.07 ACRE TRACT AS DESCRIBED BY A DEED TO BCS DEVELOPMENT CO. RECORDED IN VOLUME 6985, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE NORTH CORNER OF SAID REMAINDER OF 202.66 ACRE TRACT AND THE EAST CORNER OF A CALLED 29.405 ACRE TRACT AS DESCRIBED BYA DEED TO THEAGNES C. BAKER REVOCABLE LIVING TRUST RECORDED IN VOLUME 2488, PAGE 64 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 480 03' 31" E ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID 75.07 ACRE TRACT FOR A DISTANCE OF 66.38 FEET TO THE NORTH CORNER OF A PARKLAND DEDICATION AREA AS REFLECTED ON THE PLAT OF CASTLEGATE II SUBDIVISION, SECTION 200, RECORDED IN VOLUME 10392, PAGE 260 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 625.50 FEET; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID PARKLAND DEDICATION, SAME BEING THE EXTENSION OF THE NORTHEAST LINE OF W. S. PHILLIPS PARKWAY, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 050 47' 07" FOR AN ARC DISTANCE OF 63.16 FEET (CHORD BEARS: S 450 09' 58" E - 63.13 FEET) TO THE END OF SAID CURVE; THENCE: S 420 16' 24" E CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID PARKLAND DEDICATION FOR A DISTANCE OF 286.25 FEET; THENCE: THROUGH SAID REMAINDER OF 202.66 ACRE TRACT FOR THE FOLLOWING CALLS S 470 43' 36" W FOR A DISTANCE OF 101.00 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 020 43' 36" W - 35.36 FEET) TO THE END OF SAID CURVE; S 470 43' 36" W FORA DISTANCE OF 70.00 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVINGA RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 87° 10 24" W - 35.36 FEET) TO THE END OF SAID CURVE; S 450 08' 27" W FOR A DISTANCE OF 50.05 FEET; N 420 16' 24" W FOR A DISTANCE OF 98.57 FEET; S 410 56' 44" W FOR A DISTANCE OF 542.63 FEET; N 480 03' 16" W FOR A DISTANCE OF 120.55 FEET; S 410 56' 44" W FOR A DISTANCE OF 40.00 FEET; N 480 03' 16" W FORA 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 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 03' 03' 16" W - 35.36 FEET) TO THE END OF SAID CURVE; N 480 03' 16" W FORA DISTANCE OF 70.55 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 86° 56' 44" W - 35.36 FEET) TO THE END OF SAID CURVE ON THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND THE AFOREMENTIONED 29.405 ACRE TRACT, FOR REFERENCE A 1/2 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID REMAINDER OF 202.66 ACRE TRACT BEARS: S 410 56' 44" W FOR A DISTANCE OF 1231.80 FEET; THENCE: N 41' 56' 44" E ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID 29.405 ACRE TRACT FOR A DISTANCE OF 874.55 FEET TO THE POINT OF BEGINNING CONTAINING 6.376 ACRES OF LAND, MORE OR LES, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRIDNORTHAS ESTABLISHED FROM GPS OBSERVATION. /7 BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/ WORK/MAB/CGII-102.MAB Page 2 of 3 FIELD NOTES 75.07 ACRES Being all that certain tract or parcel of land, lying and being situated in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, and being a part of the 75.07 acre tract described in the deed from Wayne A. Dunlap, et al to BCS Development Company recorded in Volume 6985, Page 42, of the Official Records of Brazos County, Texas (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 northwest corner of the said 75.07 acre BCS Development Company tract, said corner also being in the southeast line of the called 4.00 acre Edward E. Thomas Jr., et ux tract described in Volume 1577, Page 136 (O.R.B.C.) and said corner also being in the south right-of-way line of State Highway No. 40; THENCE: along the said south right-of-way line of State Highway No. 40 for the following fourteen (14) calls: 1) S 51' 24' 07" E (deed call S 490 18' 34" E — 11.98') for a distance of 11.84 feet to a found TxDOT concrete monument with brass disk for comer, 2) S 530 15' 41"E (deed call S 51' 10' 08" E) for a distance of 134.68 feet to a found TxDOT concrete monument with brass disk for corner, 3) S 55° 37' 11" E (deed call S 53' 3P 38" E) for a distance of 213.41 feet to a found TxDOT concrete monument with brass disk for corner, 4) S 590 45' 42" E (deed call S 57' 40' 09" E) for a distance of 213.41 feet to a found TxDOT concrete monument with brass disk for corner, 5) S 63' 12' 47" E (deed call S 61' 07' 14" E) for a distance of 142.29 feet to a found TxDOT concrete monument with brass disk for corner, 6) S 68' 02' 43" E (deed call S 65' 57' 10" E) for a distance of 355.54 feet to a found TxDOT concrete monument with brass disk for comer, 7) S 74' 26' 54" E (deed call S 72' 21' 21" E) for a distance of 213.31 feet to a found TxDOT concrete monument with brass disk for comer, 8) S 78' 20' 31" E (deed call S 760 14' 58" E) for a distance of 142.09 feet to a found TxDOT concrete monument with brass disk for comer, 9) S 820 25' 44" E (deed call S 80' 20' 11" E) for a distance of 141.96 feet to a found TxDOT concrete monument with brass disk for corner, 10) S 87° 39' 24" E (deed call S 850 33' 51" E) for a distance of 212.50 feet to a found TxDOT concrete monument with brass disk for comer, 11) S 89° 49' 19" E (deed call S 87' 43' 46" E) for a distance of 351.65 feet to a found TxDOT concrete monument with brass disk for comer, 12) N 88° 56' 32" E (deed call N 88' 57' 55" E) for a distance of 269.72 feet to a found TxDOT concrete monument with brass disk for comer, 13)N 88° 37' 36" E (deed call N 89° 16' 51" E) for a distance of 131.40 feet to a found TxDOT concrete monument with brass disk for corner and 14) N 860 10' 24" E (deed call N 88' 15' 57" E — 682.82') for a distance of 682.82 feet to a found 1/2-inch iron rod marking the northeast comer of this tract, said iron rod also being in the southwest line of the called 217.5 acre Gary Seaback tract described in Volume 2597, Page 186 (O.R.B.C.); THENCE: S 480 07' 48" E (deed call S 46' 02' 08" E) along the common line of the said 75.07 and 217.5 acre tracts for a distance of 397.31 feet to the east corner of the said 75.07 acre tract, the south corner of the said 217.5 acre tract and said corner also being in the northwest line of CASTLEGATE SUBDIVISION, SECTION I as recorded in Volume 5780, Page 84 (O.R.B.C.); THENCE: S 420 41' 10" W (deed call S 440 46S0" W) along the southeast line of the beforesaid 75.07 acre BCS Development Company tract for a distance of 2025.47 feet to a 1/2-inch iron rod marking the south corner of the said 75.07 acre tract, the west comer of CASTLEGATE SUBDIVISION, SECTION 9 as recorded in Volume 4820, Page 94 (O.R.B.C.) and being in the northeast line of the 1.387 acre Parkland tract as depicted on the Final Plat of CASTLEGATE II SUBDIVISION, SECTION 200, recorded in Volume 10392, Page 261 (O.R.B.C.); THENCE: along the southwest line of the said 75.07 acre tract for the following six (6) calls: Exhibit B Description of the Project Participation Agreement ` T ��� / i ` ♦♦♦ A ��.�^ _ # e )/ �f (� @� \'`// \ 1 > ' '�� 4 \ \.. / / \ 1 ` u� � OO �. ���// � � �� A� � �„� �: ti � / r: �y ;� ,� � �� �� �� � �� �� �O � _ s ., _ a ;;Y� , ��.� _ - .� �; :. . ,� �,�,f '$�,:. :. k; ��. \\ .. :�i Exhibit C Engineer's estimate of the costs of the Project Participation Agreement 10 February 17, 2014 Danielle Singh, P.E. Civil Engineer City of College Station 1101 Texas Avenue College Station, TX 77840 Re: Request for Oversize Participation Expenditures Castlegate II Subdivision, Section 102 Dear Ms. Singh: Schultz Engineering, LLC Office: 979.764.3900 Fax: 979.764.3910 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 102 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 593 linear feet of 12" water line routed through Section 102. In a water report prepared by McClure & Browne Engineering, 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 $17,131. We believe this is a conservative number and that the actual construction costs should not exceed that figure. I also estimate a cost of $7,000 for the performance and payment bonds, insurance and fees. I also included at $2,000 contingency. The total Oversized Participation request is $26,131. This figure is approximately 2$% 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. (�X Joe Sch tz, P.E. Civil Engineer/Manager Attachments P.O. Box 11995 • College Station, Texas 77842 schu Itzeng i nee ri ng Ilc. com SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No. 12327 Castlegate II Subdivision, Section 102 Engineer's Estimate of Oversize Participation Cost - Summary February 14, 2014 Water System w/12" Lines $ 115,156 Water System w/8" Lines $ 98,025 Difference in Construction Cost $ 17,131 Contingency $ 2,000 Performance and Payments Bonds, Insurance and Fees $ 7,000 Overall Participation Estimate $ 26,131 . ........... ......iX7. J.,SEPH P..SCH0L7Z 65889 2— 1-7/tt F-12327 SCHULTZ ;ENGINEERING, LLC: Page 1 of 3 SCHULTZ ENGINEERING, I.I.C. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate II Subdivision - Section 102 EnEineer's Estimate of Oversize Particination Cost - Fehrnary 14. 2014 Item Description p Umt Estimated uanti Unit Price Total - Water System w/12" Lines Waterline W-2A General Items - - 1 Mobilization, Overhead and Construction Staking LS 1 $ 2,500.00 1 $ 2,500.00 2 Site Preparation LS 1 $ 3,000.00 $ 3,000.00 3 Erosion & Sediment Control - S WPPP Implementation & Maintenance, Silt Fence, Construction Exit Rock Filter Dam etc., complete in place LS 1 $ 2,500.00 $ 2,500.00 4 Hydroseed and Hydromulch, complete in place SY 1,500 $ 0.60 $ 900.00 Waterline W-2A General Items Subtotal $ 8,900.00 Water Construction Items 5 12" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 493 $ 45.00 $ 22,185.00 6 12" C900 Water Pipe w/Tracer Wire, Restrained Joints, Spacers and End Seals- Structural Backfill complete in lace LF 100 $ 90.00 $ 9,000.00 7 Fire Hydrant Assembly (w/valve, vert. extension), complete in place EA 1 $ 3,500.00 $ 3,500.00 8 Connect to Existing Water Line EA 1 $ 1,000.00 $ 1,000.00 9 12"x 6" M.J. Reducer, complete in place EA 1 $ 650.00 $ 650.00 10 12" M.J. Gate Valve, complete in place EA 3 $ 2,000.00 $ 6,000,00 11 12" x 11.25" M.J. Bend, complete in place EA 2 $ 650.00 $ 1,300.00 12 12" x 22.5" M.J. Bend, complete in place EA 1 $ 650.00 $ 650.00 13 12" x 450 M.J. Bend, complete in place EA 3 $ 6%00 $ 1,950,00 14 20" Casing, complete in place LF 100 $ 80.00 $ 8,000.00 15 8" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 870 $ 28.00 $ 24,360.00 16 8" C900 Water Pipe w/tracer wire - Non -Structural Backfill, complete in place LF 107 $ 23.00 $ 2,461.00 17 Fire Hydrant Assembly (w/valve, vert. extension), complete in place EA 1 $ 3,500.00 $ 3,500.00 18 8"x 6" M.J. Tee, complete in place EA 1 $ 500.00 $ 500.00 19 8"x 8" M.J. Tee, complete in place EA 1 $ 550.00 $ 550.00 20 8" M.J. Gate Valve, complete in place EA 3 $ 1,050.00 $ 3,150.00 21 8" x 11.250 M.J. Bend, complete in place EA 1 $ 350.00 $ 350.00 22 8" x 22.50 M.J. Bend, complete in place EA 2 $ 350.00 $ 700.00 23 8" x 450 M.J. Bend, complete in place EA 3 $ 350.00 $ 1,050.00 24 1" Water Service, > 15 R (avg length = 48111(8" Line) EA 1 $ 1,000.00 $ 1,000.00 25 1.5" Water Service, < 15 ft (avg length = 2 ft) (8" Line) EA 7 $ 800.00 $ 5,600.00 26 1.5" Water Service, > 15 ft (avg length = 48 ft) (8" Line) EA 4 $ 1,200.00 $ 4,800.00 27 2" Blowoff Assembly, complete in place EA 2 $ 1,000.00 $ 2,000.00 28 Connect to Existing Water Line EA 1 $ 1,000.00 $ 1,000.00 29 Waterline'Festing LS 1 $ 1,000.00 $ 1,000.00 Water Construction Items Subtotal $ 106,256.00 TOTAL CONSTRUCTION WATER SYSTEM w/12" LINES $ 115,156.00 Page 2 of 3 Castlegate lI Subdivision - Section 102 Engineer's Estimate of Oversize Participation Cost - February 14, 2014 Item Description Unit Estimated Quantity Unit Price Total Water System w/8" Lines Waterline W-2A General Items I Mobilization, Overhead and Construction Staking LS 1 $ 2,500.00 $ 2,500.00 2 Site Preparation LS 1 $ 3,000.00 $ 3,000.00 3 Erosion & Sediment Control - S WPPP Implementation & Maintenance, Silt Fence, Construction Exit Rock Filter Dam etc., complete in place LS 1 $ 2,500.00 $ 2,500.00 4 Hydroseed and Hydromulch, complete in place SY 1,500 $ 0.60 $ 900.00 Waterline W-2A General Items Subtotal $ 8,900.00 Water Construction Items 5 8" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 493 $ 28.00 $ 13,804.00 6 8" C900 Water Pipe w/Tracer Wire, Restrained Joints, Spacers and End Seats- Structural Backfill complete in place LF 100 $ 65.00 $ 6,500.00 7 Fire Hydrant Assembly (w/valve, vert. extension), complete in place EA 1 $ 3,500.00 $ 3,500.00 8 Connect to Existing Water Line EA 1 $ 1,000.00 $ 1,000.00 9 8"x 6" M.J. Reducer, complete in place EA 1 $ 550.00 $ 550.00 10 8" M.J. Gate Valve, complete in place EA 3 $ 1,050.00 $ 3,150.00 11 8" x 11.250 M.J. Bend, complete in place EA 2 $ 350.00 $ 700.00 12 8" x 22.50 M.J. Bend, complete in place EA 1 $ 350.00 $ 350.00 13 8" x 45° M.J. Bend, complete in place EA 3 $ 350.00 $ 1,050.00 14 16" Casing, complete in place LF 100 $ 65.00 $ 6,500.00 15 8" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 870 $ 28.00 $ 24,360.00 16 8" C900 Water Pipe w/tracer wire - Non -Structural Backfill, complete in place LF 107 $ 23.00 $ 2,461.00 17 Fire Hydrant Assembly (w/valve, vert. extension), complete in place EA 1 $ 3,500.00 $ 3,500.00 18 8"x 6" M.J. Tee, complete in place EA 1 $ 500.00 $ 500.00 19 8"x 8" M.J. Tee, complete in place EA 1 $ 550.00 $ 550.00 20 8" M.J. Gate Valve, complete in place EA 3 $ 1,050.00 $ 3,150.00 21 8" x 11.25" M.J. Bend, complete in place EA 1 $ 350.00 $ 350.00 22 8" x 22.5° M.J. Bend, complete in place EA 2 $ 350.00 $ 700.00 23 8" x 45' M.J. Bend, complete in place EA 3 $ 350.00 $ 1,050.00 24 1" Water Service, > 15 It (avg length = 48 ft) (8" Line) EA 1 $ 1,000.00 $ 1,000.00 25 1.5" Water Service, < 15 ft (avg length = 2 ft) (8" Line) EA 7 $ 800.00 $ 5,600.00 26 1.5" Water Service, > 15 ft (avg length = 48 ft) (8" Line) EA 4 $ 1,200.00 $ 4,800.00 27 2" Blowoff Assembly, complete in place EA 2 $ 1,000.00 $ 2,000.00 28 Connect to Existing Water Line EA 1 $ 1,000.00 $ 1,000,00 29 Waterline'Festing LS 1 $ 1,000.00 $ 1,000.00 Water Construction Items Subtotal $ 89,125.00 TOTAL CONSTRUCTION WATER SYSTEM w/8" LINES $ 98,025.00 Page 3 of 3 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. Participation Agreement 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 ofportable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.01](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 entityprior 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 401.01](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: CJ A�Rop CERTIFICATE OF LIABILITY INSURANCE D08/01/2013vl OS/01/2013 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). Phone: 979-776-2626 Anco Insurance B/CS P.O. Box3889 Fax: 979-774-5372 Bryan, TX 77805 Grant Graham ONTPRODUCER NAMEACT Gayla Zientek -- acoNro gaig.979-774-6575 _ ac 1. 979-774. 6685 E-MAIL ADDRESS: zientek@anco.com _ INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Mid -Continent Casualty CO. _ INSURED Dos Dorado Development LLC DBA 3-D Development 4490 Castlegate Dr. INSURER B: Service Lloyds Ins Co. INSURERC: — INSURER D: - College Station, TX 77845 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. ILTR TYPE OF INSURANCE ADOL MSR SUB POLICY NUMBER POLICY EFF tMMIDDIYYYYI POLICY EXP IMMIDO/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY � "l CLAIMS -MADE I OCCUR - 04GL000879739 07101/2013 07/0112014 EACH OCCURRENCE $ 1,000,00 DAMA O RENTED PREMISES Ea occurrence 8 100,000 MEO EXP (Any one person) $ Excluded PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRO LOC POLICY JECT PRODUCTS - COMPIOP AGG 2,000,00 _$ $ A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS _ AUTOS HIRED AUTOS X NON -OWNED AUTOS 04CA002799047 08101/2013 07/01/2014 Ee COMBINED�DISINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY Per accitlent ( 1 $ PROPERTY DAMAGE Per aceident $ A X UMBRELLAUAB EXCESS LIAS X OCCUR CLAIMS -MADE 04XS181746 07/0112013 07/01/2014 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DEB I X I RETENTION$ 10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA SRZD2444013 07/01/2013 07/0112014 WC STATU- OTH- X M E EL EACH ACCIDENT - $ 1,000,000 E.L. DISEASE - EA EMPLOYEE _ $ 1,000,000 E.L. DISEASE -POLICY LIMIT - $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES lAttach ACORD 101, Additional Remarks Schedule, if more space Is required) CITYC17 City of College Station PO Box 9960 College Station, TX 77842 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /`DR ©1988.2010 ACORD CORPORATION. All rinhfs ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 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 pperson or organization named in the Schedule, but this waiver applies only with respect to bodilyY 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 Specific Waiver Name of person or organization: (X) Blanket Waiver An y or organization for whom the Named Insured has agreed by written 2. Operations: GRADING OF LAND 3. Premium The premium charge for this endorsement shall be 2 percent of the premium developedon 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: 7/01/13 Policy No. SRZE24440-13 End. No. 05 Insured: 3-D DEVELOPMENT Insurance Company: Service Lloyds Ins. Co. Countersigned by -.GnJAA, xp,. L WC 42 03 04 A 24440 ZE05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF COLLEGE STATION 1. WHO IS AN INSURED (Section III is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability caused, in whole or in part, by your performance of "your work" for that Insured. 2. With respect to 1. above the following additional provisions apply: 4. Otherinsurance The Insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other Insurance available to the insured unless the other insurance is provided by a contractor other than the above named additional insured. We shall be considered as excess insurance of any other insurance provided by a contractor olherthan the above named additional insured. This amendment applies only when you have agreed by written "insured contract" to designate the person or organization listed above as an additional Insured subject to all provisions and limitations of this policy. All other conditions remain unchanged ML 13 57 (e8 08) Page 1 of 1 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 08/02/2013 Policy Number 04-CA-002799047 Named Insured DOS DORADO DEVELOPMENT LLC DBACountersigned by (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. CITY OF COLLEGE STATION (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 mail 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. MA 25 40 (00 07J 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, (Title), of _ ("Affiant"), ("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 Bond Number: 712455S PERFORMANCE BOND FOR PARTICIPATION AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, Dos Dorado Development dbp 3b.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 hlundrod fifteen Tileas and,,,One Hundred Flfty-Sig and No/100's ($�, 56 ) 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. T IIE CONDITIONS OF THIS OBLIGATION ARIE SUCI-I THAT: WIIERGAS, the Developer has on or about (his day executed a Participation Agreement herein after called "Contme(" in writing with the City of College Station f'or _ Ovr;rsize Waterline Participation Cxoenditures—(�astletlate IlDyibdivision, Section 102 _ _-_ all of such work to be done as set out in full in said Contract DOCOmCnlS lhecin retorted (o and adopted by the Cily Council, all of which are made a part of this instvmcnt as fully and completely as if set out in full herein. NOW THEREFORE_ if the said Developer shall faithfully and strictly PCHorm Contract in all its terms, provisions, and stipulations in accordance with its eve moaning and effect, and in accordance with the Contract Documents referred to therein and shall comply striclly with each and every provision of (he Conti -act, 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 efl'ee(. 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 seeming compliance on the part of the Developer with the terms or the Contract, including the making of payments thereunder and, having fully considered it's Principal's competence to perform the Contract in the underkwiting of this performance Bond, the Surety hereby waives any notice to it orally default, or delay by (he 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 mattes 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 benclit, and the City of College Station shall have the right to pay or withhold any amount owing undo the Contact without changing or affecting the liability of the Surety hereon in any degree. It is fbrthe expressly agreed by Surely that the City of College Station or its representatives are at libeny 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 tiny change in, addition to, or deduction lion the work to be done thereunder; and that such changes, iflnadc, shall not in any way vitiate the obligation in this bond land 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 fiom any liability, loss, cost, expense, or damage arising out of or fit 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 Surely agree to pay to the City the actual ;amounts of attorneys lees incurred by the City in connection with such suit. 'Phis bond and till obligations created hereunder shall be performable in Brazos County, Texas. -Phis bond is given in connplianCe with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. I l0WCVPr, till orthe express provisions hereof shall be applicable whether or Participation .Agreement not within the scope ofsaid stone. 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 TIIEREOF, the said Developer and Surety have signed and scaled this instrument on the respective dates written below their signatures and have attached emrent Power of Attorney. FOR THE DEVELOPER: ATTEST, SEAL: (ifa corporation) W ri-NESS: (if not a corporation) By:.Y�l... Z/ N muc: _iL�.LI 'rule: ()a l I,yo T iA l (>xtG S�T,tfibYt —V u Date: 3-0--N _ —_ FOR T11C SURETY: ATTEST/WITNESS (SEAL) 1 13y: J Name: Lisa Torres Title: Bond Admin Date: February 27 2014 FOR THE CITY REVIEWED: Attm•ncy Participation Agreement Dos Dorado Development dba 3D Development, LLC (Name of Developer) Title: yvla Ha�4/ Date: 3- La DeveloQers Surety and Indemnity_Company (Full Name of Suety) 105 Decker Court, Ste. 670 Irvina. Texas 75062 (Address or Surety for Notice) Name:dJohn W Schuler 'rifle: Attorney -In -Fact Date: February 27 2014 THE PERFORMANCE BOND IS ACCEPTED O LIIAL' 0 "I'DE CITY OF COLLIiGE "S` 'ION, TEXAS: City Manager/. ------ Project No. _ PAYMENT BOND Bond Number- 71 4455S TEXAS STATUTORY PAYMENTBOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENT'S: THE COUNTY OF BRAZOS THAT WE, Dos Dorado Development dba 3D Development jL.0 , as Principal, hereinafter called "Principal' and the other subscriber hereto Developers Sinty and Indemnity Company , a corporation otganized 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 City of College Station, a municiP 1 al corporation, in the sum of one Iki kindred Fifteen I housand� One Hundred Fitty,Six 001100's$115 156 for payment - whereof, the said Principal and Surety bind themselves, and their heirs, aduv:ustrators, 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 14th day of February 2014 for Oversize Waterline Participation Expenditures Castleaate 11 Subdivision Section 102 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. Coundl Approved- 02112103 Nev(sed 09127104(a) ATTEST, SEAL: (if a corporation) WITNESS: (if not a corporation) Dos Dorado Development dba 3D Development LLC (Name of Contractor) By: G v By: Name: s'l Narne: Wes.\(4ce Pt ilkips Xl ? Title: O� / `(n ns , l Tide: vhq t tj ei W a Date: 3_tA-rY ATTEST/WITNESS (SEAL) Developers Surety and Indemnity Company (Full Name of Surety) By: ems/ rl1/r N Name: Lisa Torres 105 Decker CourtSte 6701rvin(jTexas 75062 (Address of Surety for Notice) Tide: Bond Admin Date: February 27, 2014 By: ame: John W. Schuler I'idc; Attorney -In -Fact Date: February 27, 2014 REVIEWED: N _ t Attomey's Office Council Approved— O2112103 Revised 0927104(.) THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TI 1,XAS: 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 Limited Liability Company 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 102 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 patties 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. 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 at 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 102 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 23% 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 coltt 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 fi•om 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 d/b/a 3-D Development Wallace Phillips IV 4490 Castlegate Drive College Station, TX 77845 City of College Station City Engineer P.O. Box 9960 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 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 D/B/A 3-D DEVELOPMENT BY: Printed Title: Date: CITY OF COLLEGE STATION BY: City Manager APPROVED City Attorney Date: Executive Dir. Business Services Date: Participation Agreement 7 Exhibit A Description of the Property Participation Agreement METES AND BOUNDS DESCRIPTION OF A 6.376 ACRE TRACT ROBERT STEVENSON LEAGUE, A-54 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT 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 202.66 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 1/2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF A CALLED 75.07 ACRE TRACT AS DESCRIBED BY A DEED TO BCS DEVELOPMENT CO. RECORDED IN VOLUME 6985, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE NORTH CORNER OF SAID REMAINDER OF 202.66 ACRE TRACT AND THE EAST CORNER OF A CALLED 29.405 ACRE TRACT AS DESCRIBED BY A DEED TO THE AGNES C. BAKER REVOCABLE LIVING TRUST RECORDED IN VOLUME 2488, PAGE 64 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 48° 03' 3 V E ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID 75.07 ACRE TRACT FOR A DISTANCE OF 66.38 FEET TO THE NORTH CORNER OF A PARKLAND DEDICATION AREA AS REFLECTED ON THE PLAT OF CASTLEGATE II SUBDIVISION, SECTION 200, RECORDED IN VOLUME 10392, PAGE 260 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE BEGINNING OFA CLOCKWISE CURVE HAVING A RADIUS OF 625.50 FEET; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID PARKLAND DEDICATION, SAME BEING THE EXTENSION OF THE NORTHEAST LINE OF W. S. PHILLIPS PARKWAY, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 050 47' 07" FOR AN ARC DISTANCE OF 63.16 FEET (CHORD BEARS: S 450 09' 58" E - 63.13 FEET) TO THE END OF SAID CURVE; THENCE: S 420 16' 24" E CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID PARKLAND DEDICATION FOR A DISTANCE OF 286.25 FEET; THENCE: THROUGH SAID REMAINDER OF 202.66 ACRE TRACT FOR THE FOLLOWING CALLS S 470 43' 36" W FORA DISTANCE OF 101.00 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9W 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 02° 43' 36" W - 35.36 FEET) TO THE END OF SAID CURVE; S 470 43' 36" W FORA DISTANCE OF 70.00 FEET TO THE BEGINNING OF A CLOCKWISE 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 87' 16' 24" W - 35.36 FEET) TO THE END OF SAID CURVE; S 450 08' 27" W FOR A DISTANCE OF 50.05 FEET; N 420 16' 24" W FOR A DISTANCE OF 98.57 FEET; S 410 56' 44" W FOR A DISTANCE OF 542.63 FEET; N 480 03' 16" W FOR A DISTANCE OF 120.55 FEET; S 410 56' 44" W FOR A DISTANCE OF 40.00 FEET; N 480 03' 16" W FORA 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 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 030 03' 16" W - 35.36 FEET) TO THE END OF SAID CURVE; N 480 03' 16" W FORA DISTANCE OF 70.55 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 86° 56' 44" W - 35.36 FEET) TO THE END OF SAID CURVE ON THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND THE AFOREMENTIONED 29.405 ACRE TRACT, FOR REFERENCE A 1/2 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID REMAINDER OF 202.66 ACRE TRACT BEARS: S 410 56' 44" W FOR A DISTANCE OF 1231.80 FEET; THENCE: N 41° 56' 44" E ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID 29.405 ACRE TRACT FOR A DISTANCE OF 874.55 FEET TO THE POINT OF BEGINNING CONTAINING 6.376 ACRES OF LAND, MORE OR LES, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRIDNORTH AS ESTABLISHED FROM GPS OBSERVATION. 17 BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/ WORK/MAB/CGR-102.MAB Page 2 of 3 FIELD NOTES 75.07 ACRES Being all that certain tract or parcel of land, lying and being situated in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, and being a part of the 75.07 acre tract described in the deed from Wayne A. Dunlap, et al to BCS Development Company recorded in Volume 6985, Page 42, of the Official Records of Brazos County, Texas (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 northwest comer of the said 75.07 acre BCS Development Company tract, said comer also being in the southeast line of the called 4.00 acre Edward E. Thomas Jr., et ux tract described in Volume 1577, Page 136 (O.R.B.C.) and said corner also being in the south right-of-way line of State Highway No. 40; THENCE: along the said south right-of-way line of State Highway No. 40 for the following fourteen (14) calls: 1) S 51' 24' 07" E (deed call S 490 18' 34" E — 11.98') for a distance of 11.84 feet to a found TxDOT concrete monument with brass disk for corner, 2) S 530 15' 41" E (deed call S 51' 10' 08" E) for a distance of 134.68 feet to a found TxDOT concrete monument with brass disk for comer, 3) S 55' 37' 11" E (deed call S 530 31' 38" E) for a distance of 213.41 feet to a found TxDOT concrete monument with brass disk for comer, 4) S 59° 45' 42" E (deed call S 57' 40' 09" E) for a distance of 213.41 feet to a found TxDOT concrete monument with brass disk for comer, 5) S 63' 12' 47" E (deed call S 610 07' 14" E) for a distance of 142.29 feet to a found TxDOT concrete monument with brass disk for corner, 6) S 68° 02' 43" E (deed call S 65' 57' 10" E) for a distance of 355.54 feet to a found TxDOT concrete monument with brass disk for corner, 7) S 740 26' 54" E (deed call S 72' 21' 21" E) for a distance of 213.31 feet to a found TxDOT concrete monument with brass disk for corner, 8) S 78' 20' 31" E (deed call S 760 IT 58" E) for a distance of 142.09 feet to a found TxDOT concrete monument with brass disk for corner, 9) S 820 25' 44" E (deed call S 80' 20' 11" E) for a distance of 141.96 feet to a found TxDOT concrete monument with brass disk for corner, 10) S 87° 39' 24" E (deed call S 85' 33' 51" E) for a distance of 212.50 feet to a found TxDOT concrete monument with brass disk for corner, 11) S 89° 49' 19" E (deed call S 87° 43' 46" E) for a distance of 351.65 feet to a found TxDOT concrete monument with brass disk for corner, 12)N 880 56' 32" E (deed call N 88' 57' 55" E) for a distance of 269.72 feet to a found TxDOT concrete monument with brass disk for corner, 13)N 88° 37' 36" E (deed call N 890 16' 51"E) for a distance of 131.40 feet to a found TxDOT concrete monument with brass disk for corner and 14)N 86' 10' 24" E (deed call N 88' 15' 57" E — 682.82') for a distance of 682.82 feet to a found 1/2-inch iron rod marking the northeast corner of this tract, said iron rod also being in the southwest line of the called 217.5 acre Gary Seaback tract described in Volume 2597, Page 186 (O.R.B.C.); THENCE: S 480 07' 48" E (deed call S 46° 02' 08" E) along the common line of the said 75.07 and 217.5 acre tracts for a distance of 397.31 feet to the east corner of the said 75.07 acre tract, the south comer of the said 217.5 acre tract and said corner also being in the northwest line of CASTLEGATE SUBDIVISION, SECTION 11 as recorded in Volume 5780, Page 84 (O.R.B.C.); THENCE: S 420 41' 10" W (deed call S 440 46' S0" W) along the southeast line of the beforesaid 75.07 acre BCS Development Company tract for a distance of 2025.47 feet to a 1/2-inch iron rod marking the south corner of the said 75.07 acre tract, the west comer of CASTLEGATE SUBDIVISION, SECTION 9 as recorded in Volume 4820, Page 94 (O.R.B.C.) and being in the northeast line of the 1.387 acre Parkland tract as depicted on the Final Plat of CASTLEGATE I1 SUBDIVISION, SECTION 200, recorded in Volume 10392, Page 261 (O.R.B.C.); THENCE: along the southwest line of the said 75.07 acre tract for the following six (6) calls: Page 3 of 3 1) N 48' 02' 20" W (deed call N 45° 56 40" W) for a distance of 641.67 feet to a found 1/2-inch iron rod marking the north comer of the called 202.66 acre Dos Dorado Development, LLC tract recorded in Volume 9656, Page 213 (O.R.B.C.), 2) N 400 10' 25" E (deed call N 42' 16' 05" W) for a distance of 23.02 feet to a found cross -tie fence post for corner, 3) N 480 12' 30" W (deed call N 460 06' 50" W) for a distance of 811.64 feet to a found 4-inch diameter fence post for corner, 4) N 470 54' 56" W (deed call N 450 49' 16" W) for a distance of 498.35 feet to a found 4-inch diameter fence post for comer, 5) N 460 35' 25" W (deed call N 440 29' 45" W) for a distance of 415.43 feet to a found 4-inch diameter fence post for corner, and 6) N 48' 0700" W (deed call N 46' 01' 20" W) for a distance of 668.21 feet to the west comer of the said 75.07 acre tract, THENCE: N 420 02' 47" E (deed call N 44' 08' 27" E) for a distance of 369.77 feet to the POINT OF BEGINNING and containing 75.07 acres of land, more or less, according to a survey made on the ground under the supervision of Kevin R. McClure, Regis Professional Land Surveyor, State of Texas, No. 5650, in January, 2014. > of ,._ For further information see survey plat prepared with this description. Exhibit B Description of the Project Participation Agreement an 4�WVJZNJ CIS. l m .� m I Exhibit C Engineer's estimate of the costs of the Project Participation Agreement 10 February 17, 2014 Danielle Singh, P.E. Civil Engineer City of College Station 1101 Texas Avenue College Station, TX 77840 Re: Request for Oversize Participation Expenditures Castlegate II Subdivision, Section 102 Dear Ms. Singh: Schultz Engineering, LLC Office:979.764.3900 Fax: 979.764.3910 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 102 of the Castlegate 11 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 593 linear feet of 12" water line routed through Section 102. In a water report prepared by McClure & Browne Engineering, 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 $17,131. We believe this is a conservative number and that the actual construction costs should not exceed that figure. I also estimate a cost of $7,000 for the performance and payment bonds, insurance and fees. I also included at $2,000 contingency. The total Oversized Participation request is $26,131. This figure is approximately 231/o 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. Njj-r Joe Sch tz, P.E. Civil Engineer/Manager Attachments P.O. Box 11995 • College Station, Texas 77842 schultzeng ineering Ilc. com SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castiegate II Subdivision, Section 102 Engineer's Estimate of Oversize Participation Cost - Summary February 14,2014 Water System w/12" Lines $ 115,156 Water System w/8" Lines $ 98,025 Difference in Construction Cost $ 17,131 Contingency $ 2,000 Performance and Payments Bonds, Insurance and Fees $ 7,000 Overall Participation Estimate $ 26,131 It1��AM °F T 40SEPH P. SCHULTZ 1f•1r{ .....•.....•...•{{. {•. } 658B9 2— h-I t F-12327 SCHULTZ ENGINEERING, LQQ Page 1 of 3 SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate II Subdivision - Section 102 Engineer's Estimate of Oversize Participation Cost - February 14, 2014 Item Description Unit Estimated Quantity Unit Price Total Water System w/12" Lines Waterline W-2A General Items l Mobilization, Overhead and Construction Staking LS 1 $ 2,500.00 $ 2,500.00 2 Site Preparation LS t $ 3,000.00 $ 3,000.00 3 Erosion & Sediment Control - SWPPP Implementation & Maintenance, Silt Fence, Construction Exit Rock Filter Dam etc., complete in place LS l $ 25500.00 $ 2,500.00 4 Hydroseed and Hydromulch, complete in place SY 1,500 $ 0.60 $ 900.00 Waterline W-2A General Items Subtotal $ 8,900.00 Water Construction Items 5 12" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 493 $ 45.00 $ 22,185.00 6 12" C900 Water Pipe w/Tracer Wire, Restrained Joints, Spacers and End Seals- Structural Backfill complete in place LF 100 $ 90.00 $ 9,000.00 7 Fire Hydrant Assembly (w/valve, vert. extension), complete in place EA l $ 3,500.00 $ 3,500.00 8 Connect to Existing Water Line EA l $ 1,000.00 $ 1,000.00 9 12"x 6" M.J. Reducer, complete in place EA 1 $ 650.00 $ 650.00 10 12" M.J. Gate Valve, complete in place EA 3 $ 2,000.00 $ 6,000.00 11 12" x 11.250 M.J. Bend, complete in place EA 2 $ 650.00 $ 1,300.00 12 12" x 22.5" M.J. Bend, complete in place EA 1 $ 650.00 $ 650.00 13 12" x 45" M.J. Bend, complete in place EA 3 $ 650.00 $ 1,950.00 14 20" Casing, complete in place LF l00 $ 80.00 $ 8,000.00 15 8" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 870 $ 28.00 $ 24,360.00 16 8" C900 Water Pipe w/tracer wire - Non -Structural Backfill, complete in place LF 107 $ 23.00 $ 2,461.00 17 Fire Hydrant Assembly (w/valve, ver4. extension), complete in place EA 1 $ 3,500.00 $ 3,500.00 18 8"x 6" M.J. Tee, complete in place EA 1 $ 500.00 $ 500.00 19 8"x 8" M.J. Tee, complete in place EA 1 $ 550.00 $ 550.00 20 8" M.J. Gate Valve, complete in place EA 3 $ 1,050.00 $ 3,150.00 21 8" x 11,25" M.J. Bend, complete in place EA I $ 350,00 $ 350.00 22 8" x 22.5" M.J. Bend, complete in place EA 2 $ 350.00 $ 700.00 23 8" x 450 M.J. Bend, complete in place EA 3 $ 350.00 $ 1,050.00 24 1" Water Service, > 15 ft (avg length = 48 ft) (8" Line) EA 1 $ 1,000.00 $ 1,000.00 25 LP Water Service, < 15 ft (avg length = 2 ft) (8" Line) EA 7 $ 800.00 $ 5,600.00 26 1.5" Water Service, > 15 ft (avg length = 48 ft) (8" Line) EA 4 $ 1,200.00 $ 4,800.00 27 2" Blowoff Assembly, complete in place EA 2 $ 1,000.00 $ 2,000.00 28 Connect to Existing Water Line EA l $ 1,000.00 $ 1,000.00 29 Waterline Testing LS I $ 1,000.00 $ 1,000.00 Water Construction Items Subtotal $ 106,256.00 TOTAL CONSTRUCTION WATER SYSTEM w/12" LINES $ 115,156.00 Page 2 of 3 Castlegate II Subdivision - Section 102 Engineer's Estimate of Oversize Participation Cost - February 14.2014 Item Description Unit Estimated uantit Unit Price Total Water System w/8" Lines Waterline W-2A General Items t Mobilization, Overhead and Construction Staking LS I $ 2,500.00 $ 2,500.00 2 Site Preparation LS 1 $ 3,000.00 $ 3,000.00 3 Erosion & Sediment Control - S WPPP Implementation & Maintenance, Silt Fence, Construction Exit Rock Filter Dam etc, complete in lace LS I $ 2,500.00 $ 2,500.00 4 Hydroseed and Hydromulch, complete in place SY 1,500 $ 0.60 $ 900.00 Waterline W-2A General Items Subtotal $ 8,900.00 Water Construction Items 5 8" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 493 $ 28.00 $ 13,804.00 6 8" C900 Water Pipe w/Tracer Wire, Restrained Joints, Spacers and End Seals- Structural Backfill complete in place LF 100 $ 65.00 $ 6,500.00 7 Fire Hydrant Assembly (w/valve, vert. extension), complete in place EA I $ 3,500.00 $ 3,500.00 8 Connect to Existing Water Line EA 1 $ 1,000.00 $ 1,000.00 9 8"x 6" M.J. Reducer, complete in place EA 1 $ 550.00 $ 550.00 10 8" M.J. Gate Valve, complete in place EA 3 $ 1,050.00 $ 3,150.00 11 8" x 11.250 M.J. Bend, complete in place EA 2 $ 350.00 $ 700.00 12 8" x 22.5" M.J. Bend, complete in place EA 1 $ 350.00 $ 350.00 13 8" x 450 M.J. Bend, complete in place EA 3 $ 350.00 $ 1,050.00 14 16" Casing, complete in place LF 100 $ 65.00 $ 6,500.00 15 8" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 870 $ 28.00 $ 24,360.00 16 8" C900 Water Pipe w/tracer wire - Non -Structural Backfill, complete in place LF 107 $ 23.00 $ 2,461.00 17 Fire Hydrant Assembly (w/valve, vert. extension), complete in place EA 1 $ 3,500.00 $ 3,500.00 18 8"x 6" M.J. Tee, complete in place EA t $ 500.00 $ 500.00 19 8"x 8" M.J. Tee, complete in place EA 1 $ 550.00 $ 550.00 20 8" M.J. Gate Valve, complete in place EA 3 $ 1,050.00 $ 3,150,00 21 8" x 11.25° M.J. Bend, complete in place EA 1 $ 350.00 $ 350.00 22 8" x 22.5° M.J. Bend, complete in place EA 2 $ 350.00 $ 700.00 23 8" x 450 M.J. Bend, complete in place EA 3 $ 350.00 $ 1,050.00 24 1 1" Water Service, > 15 ft (avg length = 48 It) (8" Line) EA l $ 1,000.00 $ 1,000.00 25 1,5" Water Service, < 15 ft (avg length = 2 ft) (8" Line) EA 7 $ 800.00 $ 5,600.00 26 1.5" Water Service, > 15 it (avg length = 48 ft) (8" Line) EA 4 $ 1,200.00 $ 4,800.00 27 2" Blowoff Assembly, complete in place EA 2 $ 1,000.00 $ 2,000.02 28 Connect to Existing Water Line EA I $ I1000.00 $ 1,000.00 29 Waterline Testing LS 1 $ 1,000.00 $ 1,000.00 Water Construction Items Subtotal $ 89,125.00 TOTAL CONSTRUCTION WATER SYSTEM w/8" LINES $ 98,025.00 Page 3 of 3 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. Participation Agreement 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 (certifcate') — 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 401.01 ](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. R 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 401.01 ](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 byparagraphs (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 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 Bond Number: 712455S PERFORMANCE BOND FOR PARTICIPATION AGREEMENT THE STATE OF TEXAS S 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 Fifteen Thousand, One Hundred Fifty -Six and No/100's_ ($115 156 ) 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 Castleoate II Subdivision Section 102 all of such work to be done asset out in full in said Conti -act 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 Conti -act, 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 perf n-mable 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) WITNESS: (if not a corporation) By: 1/'4�; Z" Name:((�� { Title: j-Wv1(A.I' l (J by) Date: 3-10 I FOR THE SURETY: ATTESTIWITNESS (SEAL) By: a, AAZI.— Name: Lisa Torres Title: Bond Admin Date: February 27 2014 FOR THE CITY REVIEWED: City Attorney Participation Agreement Dos Dorado Development dba 3D Development, LLC (Name of Developer) Name: W' 114 c.e Title: hlaa�jo/ Date: 3— Cc Developers Surety and Indemnity Company (Full Name of Surety) 105 Decker Court, Ste. 670 (Address of Surety for By: Title: Attorney -In -Fact _ Date: February 27, 2014 THE PERFORMANCE BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager Project No. PAYMENT BOND Bond Number: 712455S 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 "PrincipaP and the other subscriber hereto DeveloperDevelQpers 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 Suety, herein after. called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the Cityof College Station, a municipal corporation, in the sum of One Hundred Fifteen Thousand($115 156 for payment g P rP One Hundred Fifty. Six 001100's whereof, the said Principal and Suety 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 14th day of February 2014 for Oversize Waterline Participation Expenditures Castlegate II Subdivision Section 102 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 Suety have signed and sealed this instrument on the respective dates written below their signatures. Council Approved— 02112103 Revised 09/27104(a) ATTEST, SEAL: (if a corporation) WITNESS: (if not a corporation) Dos Dorado Development dba 3D Development, LLC (Name of Contractor) By: / (� (/ By: Name:T) '1 slyl#Name: W,klcce 1nt+ilLePS L-j nn , Title: oD (?0 [ n t7h Title: 1 x'a Date: ATTEST/WITNESS (SEAL) Developers Surety and Indemnity Company (Full Name of Surety) By: �/A/J�C c�� A-� Name: Lisa Torres Tide: Bond Admin Date: February 27, 2014 REVIEWED: City Attorney's Office 105 Decker Court, Ste. 670 Irving, Texas 75062 (Address of Surety for Notice) By: iiuc: Date: Huorney-m-tact February 27, 2014 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: Council Approver!— 0212103 Revised 0927104(a) POWER OF ATTORNEY FOR Bond Number: Bond Number: 712455S 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: "'Stephen R. Smith, John W. Schuler, Tom Mulanax, Walter E. Benson Jr., Thomas X. Brewke, jointly or severally"' as its two and lawful Ahormy(s)-in-Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surely, bonds, undertakings and contracts of suretyship giving and granting unto said Allomey(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 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 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-Presidenl of the corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorneys) 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 herebyis, 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 offime and attested by its Secretary or Assistant Secretary this May 23. 2013. Daniel Stale of California County of Orange Senior Vim -President OCT. 10 1936 On May 23, 2013 before me, Gina L. Garner, Notary Public Dale Here Insert Name and Title of the Officor personally appeared Daniel Young and Gregg N. Ourea Name(s) of Signer(s) GINA L. GARNER 1 .,.,,.� COMM. H 2O21213 g NOTARY PUBLIC gALlFORNW ORANGE CG1f1fY ` M comm. expli" MAY 16, 2017 l Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose names) islare subscribed to the within instrument and acknowledged to me that he/she/lhey executed the same in hislher/their authorized capacity)ies), and that by hismarltheir signature(s) on the instument the persons), or the entity upon behalf of which the personts) acted, executed the instrument. I muddy under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is bue and correct. WITNESS my hand and official seal. Signature CERTIFICATE Gina L. Gamer, Notary Public 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 lorth in the Power ofAtlomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California. this 27th dayof February, 2014 By. — Mark J. Lansdon, Assistant Secretary to 1438(Rev05/13) Bond P IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephoen number for information or to make a complaint at: 1-800-782-1546 You may also write to the Surety at P.O. Box 19725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-4754771 web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISOIMPORTANCE - Para obtener information o para someter una queja: Usted puede Ilamar al numero de telefono gratis de para informacion o para someter una queja al: 1-800-782-1546 Usted tanbien puede escribir a Surety at: P.O. Box 19725 Irvine, CA 92623-9725 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerea de compa- nias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si ticne una disputa concerniente a so prima o a on recision, debe comunicarse con el Surety primero. Si no se resuelve la dispute, puede entonces comuni- carrse con el departamento (TDI). UNA ESTEAVISOA SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. THE G-iOUP InSco Insurance Services, Inc. Underwriting Managerfor: 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) 0 � k L18 § )§)§)§§(|\ � {((((\\\(§ }»K«K»#K§! \ .\ OVERSIZE PARTICIPATION REQUEST OP REQUEST # (* or q" CITY OF COLLEGE STATION Plannine and Development Services Project Name: Castlegate II Section 102 Subdivision_ Castlegate II Section 102 Developer: Dos Dorado Development, L.L.C. d/b/a 3-D Development Engineer/ Firm: Schultz Engineering L.L.C. Project Description: Upsize 593 LF water line through Castlegate II Section 102 Total Cost Estimate: $ 115,156.00 City Contribution Requested: Water: $26,131.00 (23%) Construction Schedule: Summer 2014 Comments: Upsize water line from 8-inch to 12-inch P/DS Engineer Signature/ Date �'/ 711VI Colleee Station Utilities Engineer Approval: Division Manager Approval: Director Approval: Comments: FUNDING: Water Capital Improvement Project Fund Available: Current Request: Remaining Amount Available: $ 26,608.00 $ 26,131.00 $ 477.00 Finance Funding Source: WATER CAPITAL IMPROVEMENT PROJECT FUND Approval (Signature & Date): Note: Attach location map and engineer's estimate. IofI