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Home My WebLink AboutSuretyCITY OF COLLEGE STATION Home of TexasA&M Vnivenity' March 19, 2013 Re: Castlegate Park A Performance & Payment Bonds To Whom it May Concern: As requested by Dos Dorados Development, LLC, I am providing written verification that the Performance and Payment Bonds issued by SureTec Insurance Company in the amount of $181,745.00 for "Dirt Work at Northeast Corner of Victoria & WS Phillips for Castlegate II Subdivision- Park A" have not been accepted or relied upon by the City of College Station. The application for Park A in Castlegate II Subdivision has not been approved to date and no permits have been issued. The City is currently reviewing Section 12-8.8C-7 of our Code of Ordinances to determine the applicability of our surety requirements for construction in City owned parkland. In the interim, the City has used administrative authority to allow alternate forms of surety to include performance bonds, cash, or letters of credit accompanied by additional insurance requirements. Dos Dorados has indicated that they wish to provide one of these alternate forms of surety. Their application for the above referenced project will not be approved until surety is provided. The City has returned the original bond forms referenced above to Dos Dorados, LLC. appreciate working with you on this matter. If you have any questions, please do not hesitate to contact me. Sincerely, Danielle Singh, P.E. Assistant City Engineer Planning & Development Services Planning & Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3570 • FAX. 979.7643496 cst».gov/devservices TB(ST The Bank&Trust Bryan/College Station FROM: Dos Dorado Development, LLC ISSUER: The Bank & Trust of Bryan College Station IRREVOCABLE LETTER OF CREDIT DATE: April 5, 2013 TO BENEFICIARY: City of College Station Attention: Director of Development Services I101Texas Avenue College Station, Texas 77840 IRREVOCABLE LETTER OF CREDIT NO.:1312131 ISSUE DATE: 12:00 Noon Central Standard Time, April 5, 2013 EXPIRATION DATE: 12:00 Noon Central Standard Time, April 5, 2014, or upon the completion and final payment to all contractors, whichever occurs first. LOCATION OF PROJECT: Castlegate 2, Park A & Park B AMOUNT: ONE HUNDRED EIGHTY-FIVE THOUSAND SIX HUNDRED SIXTY-FIVE AND N0/100 DOLLARS ($185,665.00) ACCOUNT OF: Dos Dorado Development, LLC (herein "DEVELOPER') 4490 Castlegate Drive College Station TX 77845 GENERAL TERMS & CONDITIONS: The Issuing Bank set out above hereby issues its IRREVOCABLE LETTER OF CREDIT NO. 1312131 in favor of the CITY OF COLLEGE STATION, TEXAS, in accordance with CHAPTER 5, V.T.C.A. TEXAS BUSINESS AND COMMERCE CODE as vaned by and pursuant to the CrrY OF COLLEGE STATION UNIFIED DEVELOPMENT ORDINANCE for the Account of DEVELOPER for an aggregate amount of up to ONE HUNDRED EIGHTY-FIVE THOUSAND SIX HUNDRED SIXTY-FIVE AND N01100 DOLLARS (S185,665.00). This amount is available by your draft(s) payable at sight when accompanied by the following: 1. Sworn Statement by a duly authorized representative of the City of College Station, Texas, stating that Developer(s) has/have defaulted and failed to complete the performance and construction of the improvements described below in accordance with the UNIFIED DEVELOPMENT ORDINANCE of the CITY OF COLLEGE STATION, Texas, and that the proceeds from this Letter of Credit will either be utilized by the City of College Station, Texas, to complete such construction or will be returned by the City of College Station to the Issuing Bank: Castlegate 2, Park A & Park B 1716 Briarcrest Drive, Suite 4001 PO Box 58471 Bryan, TX 77805-58471 www.banktbt.com 1979.260.2100 U:IdommentsWosDoradoDevelopmentLLCCastlegate leuere fberoNdoc IB&T The Bank&Trust Bryan/Coll a Station SZCIAL TERMS & CONDITIONS: All banking fees/expenses/charges incurred are for the account of Developer. The City of College Station is not responsible for any charges in connection with a drawing under this Letter of Credit. This Letter of Credit is issued in conjunction with the development of Developer in the City of College Station, Texas, specifically for the following: To guarantee the payment and performance of the proposed construction improvements in Castlegate 2, Park A & B, a proposed subdivision in the City of College Station, Texas, for a period not to exceed one (1) year from the date hereof. 2. Disbursements pursuant to this Letter of Credit will never exceed the above -stated amount, less any amount released by the City of College Station, Texas. The amount of credit under this Letter of Credit may be reduced upon approval and acceptance by the City of College Station of completed improvements, which reduction may only be made with the written authorization of the Director of Planning and Development Services of the City of College Station. 3. In accordance with SECTION 5.106 of the TEXAS BUSINESS AND COMMERCE CODE, this Letter of Credit may be modified, upon the execution and delivery to Issuer of a sworn statement giving consent to modification by the Director of Planning and Development Services of the City of College Station. 4. The Issuer of this Letter of Credit has caused this Letter to be signed by the undersigned officer who has attached proof of his authorization to sign, together with attestation by Issuer's authorized attesting officer and sealed with the seal of Issuer. ISSUER: The Bank & Trust of Bryan/College Station BY: 7 IQ?Cc Ul2da Authorized Officer Attested By:,/, a STATE OF TEXAS COUNTY OF BRAZOS * This instrument was acknowledged before me on 60v i ( . , 2013, by NO ra —f� 04, oS 4), the authorized officer of Tint &,nk, & Trua}- Issuer, a Texas Banking Corporation, on behalf of said Banking Corporation and in the capacity stated, E AP=Publi� D * Notaxas Mys Notary Public - State of Texas 1716 Briarcrest Drive, Suite 4001 PO Box 58471 B�� an, TX 77805-58471 www.banktbt.com 1979.260.2100 U:IdocumentslDosDoradoDevelopmentLLCCastlegate lett¢realbermiec 3DDEV-1 OP ID: GY �� CERTIFICATE OF LIABILITY INSURANCE '4'% DATE DIYYYY) 04/09 04/09/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 979-776-2626 Ancolnsurance BICS 979-774-5372 P. O. Box 3889 Bryan, TX 77805 Grant Graham CONTACT NAME: Ga la Zientek Pa"c°NN Er1:979-774-6575 uc No:979-774-5685 E-MAIL zientek@anco.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC S INSURER A: Mid -Continent Casually Co. INSURED 3-D Development INSURER B: Service Lloyds Ins Co. Dos Dorado Development LLC DBA 4490 Castlegate Dr. INSURER c College Station, TX 77845 INSURER D: 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 POLICY NUMBER EFF MM/DDPOLICY/YYYY EXP MM/DDY/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 04GL000853016 07/01/12 07/01113 EACH OCCURRENCE $ 1,000,00 DAMA ET REocN PREMISES Ea currence $ 100,00 MED EXP (Any one person) $ Exclude PERSONAL B ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP/OP AGO $ 2,000,00 $ AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Eaaccidard $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A UMBRELLA LDMI EXCESS LMB X OCCUR CLAIMS -MADE 04XS177014 07/01112 07/01/13 EACH OCCURRENCE $ 1,000,00 X AGGREGATE $ 1,000,00 DED I X I RETENTION$ 10000 $ B WORKERS COMPENSATION ANDEMPLOYERS'NSATI N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? IMandatory In NH) If yea, desvibe under DESCRIPTION OF OPERATIONS below NIA SRZD2444012 07101/12 07/01/13 WC STATU- OTH- T E.L EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E. L. DISEASE -POLICY LIMIT $ 1,000,00 T DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additlonal Ramarks Schedule, If more space Is required) Additional Insured form attached. CITYCI7 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 17�1►► � 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF COLLEGE STATION of no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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 ongoing operations for that 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 poiicY. ML 12 14 (00 08) Page 1 of 1 SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 CASTLEGATE II SUBDIVISION - PARK A Engineer's Estimate Summary January 24, 2013 Item Description Total 1 Site Preparation & Grading $ 3,700.00 2 Park Features $ 39,078.60 3 Electrical $ 8,180.00 4 Irrigation $ 950.00 5 Water $ 2,274.50 6 Landscape $ 1,285.00 7 lPerformanve & Payment Bonds 3% $ 1,664.04 Total: $ 57,132-% LOA F-12327 /-zs-1 ENGINEERING, LLC. Page 1 of 2 SCHULTZ,:ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No. 12327 CASTLEGATE H SUBDIVISION - PARK A Engineer's Estimate of Construction January 24,2013 Rem Description Unit Esnmated uanti Unit Price Total Site Preparation & Grading I2 Mbilaton& Construction Staking L I $I050.00 1250.00 So iterpt:ration I 000,00L 3 18iteGrading I LS 1 11 S750MI $ 750.00 4 ISiltFence, Construction Exit, and Erosion & Sediment Control I LS 1 I $700,001 $ 700.00 Park Features 5 Shelter - Slab, Framing, Roof, Masonry and Electrical Work LS 1 $27,500.00 $ 27,500.00 6 Table LS 1 $1,200.00 $ 1,200.00 7 Grill LS I $450.00 $ 450.00 8 Drinking Fountain EA 1 $5,000.00 $ 5,000.00 9 Trash Receptacle LS 1 $600.00 $ 600.00 10 Park Benches EA 2 $1,000.00 $ 2,000.00 11 Bike Rack EA 1 $600.00 $ 600.00 12 Concrete Sidewalk -4"thick SF 233 $4.20 $ 978.60 13 Sidewalk Trench Drain I FA I 1 $750.001 $ 750.00 Electrical 14 Area LED Lights & Poles 1 EA 2 $3,200.001 $ 6,400.00 IS jElectrical Work &Meter Pole I LS I $1,500.001 $ 1,500.00 16 1" Electrical Conduit I LF 1 80 $350 $ 280.00 Irrigation System 17 Iftrigation System I LS I 1 $950,001 $ 950.00 Water & Sewer Service 18 1" Water Service (Connect to Existing Service) LS I 1 $300.001 $ 300.00 19 t" Water Service Line LF 73 $6.50 $ 474.50 20 Water Line Fittings &Hose Bibs LS I 1 $100.00 $ 100.00 21 Water Meter LS 1 $500.00 S 500.00 22 Sewer Service for Water Fountain LS 1 $900.001 $ 900.00 Landscape 22 Non -Canopy Trees (>1.25' Caliper) EA 4 $100.00 $ 400.00 23 Canopy Trees (>2.5" Cali er) I EA 1 2 $250.001i S 500,00 24 Tree Benicade Fencing I LF 1 1001 $2.50 $ 250.00 25 lBemuda Grass Seeding (Inside Disturbed Area Limits) I SY 1 4501 $0.30 $ 135.00 Site Preparation & Gradina Subtotal $ 3,700.00 Park Features Subtotal S 39078.60 Electrical Subtotal S 8,180.00 Irrigation System Subtotal $ 950.00 Water & Sewer Service Subtotal $ 2,274.50 Landscape Subtotal $ 1,285.00 Performance & Payment Bonds 3 % S 1,664.04 TOTAL CONSTRUCTION $ 57,132.14 � F-12327 a- SCHULTZ ENGINEDT% La Page 2 of 2 Schultz Engineering, LLC Office: 979.764.3900 Fax: 979.764.3910 November 25, 2013 Matt Robinson, AICP Senior Planner City of College Station 1101 Texas Avenue College Station, TX 77840 Re: CASTLEGATE II PARK A (SP)—12-00500229 Dear Mr. Robinson: Attached is a set of Record Drawings and a cost estimate for the completed work for the above reference project. The Developer's park improvements exceeded the previous cost estimate by $11,099.70, $68,231.84 to $57,132.14. If you have any questions, please do not hesitate to call. Very truly yours, Schultz Engineering, LLC. h�A-j - Joe Scyultz, P.E. CivilEngineer cc: Pete Vanacek P.O. Box 11995 • College Station, Texas 77842 sch u Itze ng i nee ri ngl Ic.co m 3- D Dovelopmegt 4490 Castlegate Drive College Station, TX m45 Novernber 25, 2013 Matt Robinson, AICP Seniot Planner, City of College Station 1101 Telcas .Avenge College,Station, TX 77840 Re: CAS I;WATR H PARKA (SP)—12-00500229 Dear Mr. Robinson; The construction of the Park improvements for Park A are complete: Please consider this letter my request to release the financial guarantee for the Park rtnp#aVements: i IFyou have any quesgons; please do not hesitate to. call. Very truly yours,