Loading...
HomeMy WebLinkAboutContract1 y of College Station Purchase Order 1101 Texas Avenue P 0 Box 9960 College Station, Texas 77842-0960 (979) 764-3555 Fax: (979) 764-3899 www.cstx.gov 47765 V 3-D DEVELOPMENT E DOS DORADO DEVELOPMENT LL N 4490 CASTLEGATE DR D COLLEGE STATION, TX 77845 O R Purchase Order No. 140220 Above number must appear on all correspondence Date 11/15/13 S CITY OF COLLEGE STATION H CITY HALL I DEVELOPMENT SERVICES P 1101 TEXAS AVENUE T COLLEGE STATION, TX 77840 O DELYVER BY ACCOUNT RE NET 30 207/31/15 2129111973550WTWOCLING QUANTITY UOM DESCRIPTION UNIT COST EXTENSION 1 18556.00 EA WATERLINE PARTICIPATION AGREEMENT CASTLEGATE II 1.0000 18556.00 SECTION 103 REMARKS: »Pricing, terms, conditions & specifications contained in Contract No. 13-181 hereby applies to this purchase order. n CMO approval: 11/5/2013 NOTICE TO VENDOR: To insure prompt payment mail invoice in duplicate and copy of ppaid freight bill to be included invoicing for freight. Mail to Attn: Accounting Department, P. O. Box 9973, College Station Texas GRAND 18556.00 if pcepaid mvmce 77842-0973. The City of College Station is exempt from Federal, State, and Local taxes. Federal No. is 1-74-6b00534-5. TOTAL PURCHASING AGENT THE STATE OF TEXAS COUNTY OF BRAZOS AFFIDAVIT OF BILLS PAID Before me, the undersigned authority, personally appeared Wallace Phillips, IV ("Affiant"), of 3-D Development, LLC ("Contractor"), who being first duly sworn, deposed and state the following; "My name is 'Wallace Phillips, IV. I am over 18 years of age, and of sound mind, capable of making this affidavit, and personally acquainted with the facts stated in it, which facts are true and correct. Pursuant to that certain City Participation Agreement, dated as of November 13, 2013 (the 'Contract") by and between the City of College Station, Texas, and 3-D Development, LLC, Contractor furnished labor and materials to construct a 121, Water Main on the real property known as Castlegate 11 Subdivision, Section 103 (more particularly described in the Contract) the "Project'. To the extent that the Contractorconstructed or contracted for the construction of such 12" Water Main, Contractor has paid each of its sub- contractors, laborers and materialmen in full (except for statutory retainage) for all labor and/or materials provided to Contractor on the Froject. To the best of Affiant's knowledge, Contractor has not received notice of any claims pending against the Project in connection with the 12" Water Main described in the Contract. Further,<gtfiant saith not. Executed the I day of June, 2014. AFFIANT:. Printed Name; 4/a 1 ee 3 SUBSCRIBED AND SWORN TO before me on this ___q_ day of 4i , 2014. TRACI LYNN PER Z ✓�t �i Notary Public, state of tow. My commission Expires Notary Fubliorptate of Texa . a„� April 25.2015 CONTRACT & AGREEMENT ROUTING FORM CITY OP C:Ot.I EGk STATION : .I 1lwne of Tani AdM Unlwnlol 14-052 13-181 CONTRACTN: PROJECT#: BID#; RFP: Contract Description: 'Participation Agreement for Public Improvements Project Name: Castlegate II Section 103 Water LineImprovements Name of Contractor: Dos Dorado Development, LLC d/b/a 3-D Development CONTRACTTOTALVALUE: $ 18,556.00 GrantFunded[] Yes A No If yes, what is the grant number: Debarment Check ❑ Yes, 0 No,* N/A Davis Bacon Wages Used © Yes E] NoQ N/A Section 3 Plan Ind. Yes n No O N/A Buy America Required j_j Yes E] Non N/A Transparency Reports Yes 0 No L•i N/A NEW CONTRACT RENEWAL # QCHANGE ORDER # ❑ OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Water Capital Improvements Project Fund. Total Cost estimate for $f 29,108.00 (does not Include bonds) (If required)* CRC Approval Date*: Council Approval Date*: Agenda Item No*: Section to be completed by Risk and Purchasing Only — Insurance Certificates: Performance Bond: Payment Bond: 5iGNATENDING APPROVAL —4 ZrJJy3 DEPA NTDIRE NJISTERINGCONTRACT % L' ATE .1 7 —y LEGA DEPARTMENJ'ri DATE EXEC I (RECTOR, BUSINESS SERVICES DATE P O ED & EXECUTED CITY MANAGER DATE & x MAYOR (if applicable)' DATE. CITY SECRETARY (if appl c� DATE Onginal(s) sent to CSO on , j Scanned into lasofche on 11 i�.L3 G�_Origina/(s) sent to fisrat on 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 103 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.14-052 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 103 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 16% 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 1113" and "C" of this Agreement. The submission of these reports and information shall be the responsibility of Developer and shall be certified by Developer's Participation Agreement 3 Licensed Professional Engineer at Developer's expense and signed by an authorized official of the entity. ARTICLE III GOVERNMENTAL IMMUNITY, INDEMNIFICATION, RELEASE AND INSURANCE 3.1 The City by entering into this Agreement, City does not consent to suit; waive its governmental immunity, or the limitations as to damages under the Texas Tort Claims Act. 3.2 Indemnification. Developer agrees to and shall indemnify, hold harmless, and defend City and its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, expert fees and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by Developer under this Agreement, regardless of whether such injuries, death, damages or breach are caused in whole or in part by the negligence of City, any other party indemnified hereunder, the Developer, or any third party. 3.3 Release. Developer assumes full responsibility for the work to be performed hereunder, and releases, relinquishes and discharges City, its officers, agents, volunteers and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense therefore, for any injury to or death of any persons and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with, Developer's work to be performed hereunder. This release shall apply whether or not said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether or not said claims, demands, and causes of action were caused in whole or in part by the negligence of City, any other party released hereunder, Developer, or any third party. 3.4 Insurance. The Developer shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Developer or their contractors, agents, representatives, volunteers, or employees. Said insurance shall list College Station, its officers, agents, employees, and volunteers as Additional Insureds. See Exhibit "D" for required limits of liability insurance. Certificates of insurance evidencing the required insurance coverages on the most current form approved by the Texas Department of Insurance attached hereto as Exhibit "E". ARTICLE IV PROJECT AND CONSTRUCTION 4.1 Right to Inspect the Work. City may inspect the improvements for compliance with the Approved Plans during construction. In the event that it is determined by City that any of the work or materials furnished is not in strict accordance with the Approved Plans, City may Participation Agreement 4 withhold funds until the nonconforming work conforms to the Approved Plans or terminate this Agreement at City's election without any further liability. 4.2 Independent Contractor. Developer shall be solely responsible for selecting, supervising, and paying its subcontractors and for complying with all applicable laws, including, but not limited to all requirements concerning workers compensation and construction retainage. The parties agree all employees, volunteers, personnel and materials furnished or used by Developer in the installation of the specified improvements will be the responsibility of Developer and understand Developer will not be deemed employees or agents of City for any purpose. Nothing in this Agreement will establish a joint venture between the Developer and the City. 4.3 Payment for materials and labor. Developer shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, material men or suppliers of any type or nature whatsoever and insuring that no claims or liens of any type will be filed against any property owned by City arising out of or incidental to the performance of any service performed pursuant to this Agreement. In the event a statutory lien notice is sent to City, Developer shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold City harmless from any losses that may result from the filing or enforcement of any said lien notice. 4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the improvements, Developer shall provide City a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, material men, and subcontractors have been released, and that there are no claims pending of which Developer has been notified. Such affidavit shall be in a form as substantially set forth in Exhibit 'IF" 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. hi 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 DB/A 3-1) DEVELOPMENT`. BY: V V IM Printed Name: l / k1 Title: p Date: CITYQLCOLLEGE STATION APP OVED c� CAN Attornev Participation Agreement Exhibit A Description of the Property Participation Agreement METES AND BOUNDS DESCRIPTION OF A 9.605 ACRE TRACT ROBERT STEVENSON LEAGUE, A-54 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE, ABSTRACTNO.54, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 202.66 ACRE TRACTAS DESCRIBED BYA DEED TO DOS DORADO 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 %: INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF A COMMON AREA IN BLOCK 13, CASTLEGATE B SUBDIVISION, SECTION 201, ACCORDING TO THE PLAT RECORDED IN VOLUME 10906, PAGE 268 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND BEING AT THE SOUTH CORNER OF THE PLATTED END OF VICTORIA AVENUE (77' R.O.W.); THENCE: S 41° 56' 44" W ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID BLOCK 13, SAME BEING THE EXTENSION OF THE SOUTHEAST LINE OF VICTORIA AVENUE, FORA DISTANCE OF 492.50 FEET TO A 1/2 INCH IRON ROD FOUND MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; THENCE: CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID BLOCK 13 THROUGH A CENTRAL ANGLE OF 900 00' 16" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 030 03' 23" E - 35.36 FEET) TO A 1/2 INCH IRON ROD FOUND MARKING THE END OF SAID CURVE; THENCE: THROUGH SAID REMAINDER OF 202.66 ACRE TRACT FOR THE FOLLOWING CALLS S 410 56' 54" W ACROSS THE FUTURE RIGHT-OF-WAY OF ETONBURY AVENUE (77' R-O.W.) FOR A DISTANCE OF 77.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 2S.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890 59' 44" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 860 56' 37" W - 35.35 FEET) TO THE END OF SAID CURVE; N 480 03' 41" W ACROSS THE FUTURE RIGHT-OF-WAY OF VICTORIA AVENUE FORA DISTANCE OF 77.00 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' 16" FORAN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 030 03' 23" W - 35.36 FEET) TO THE END OF SAID CURVE; N 480 03' 31" W ALONG THE FUTURE SOUTHWEST LINE OF ETONBURY AVENUE FOR A 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 890 59' 44" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 860 56' 37" W - 35.35 FEET) TO THE END OF SAID CURVE; N 480 03' 47" W ACROSS THE END OF THE EXTENSION OF KIMBOLTON DRIVE 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' 16" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS N 03° 03 23' W - 35.36 FEET) TO THE END OF SAID CURVE; N 480 03' 31" W ALONG THE FUTURE SOUTHWEST LINE OF ETONBURY AVENUE FOR A DISTANCE OF 191.10 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890 59' 44" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 860 56' 37" W - 35.35 FEET) TO THE END OF SAID CURVE; N 480 03' 47" W ACROSS THE END OF THE EXTENSION OF WARKWORTH LANE FORA DISTANCE OF 50.00 -----.._..___.......... ........ _._.....,._.--.._--- FEET TO THE BEGINNING 6F A COUNTSRCLOCKWISS CURVB HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 16" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 03' 03' 23" W - 35.36 FEET) TO THE END OF SAID CURVE; N 480 03' 31" W ALONG THE FUTURE SOUTHWEST LINE OF ETONBURY AVENUE FOR A DISTANCE OF 95.55 FEET; N 410 56' 44" E FOR A DISTANCE OF 634.55 FEET TO THE SOUTHWEST LINE OF CASTLEGATE II SUBDIVISION, SECTION 100, ACCORDING TO THE PLAT RECORDED IN VOLUME 114.56, PAGF,161 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 480 03' 16" E ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID SECTION 100 FOR A DISTANCE OF 411.65 FEET TO THE NORTHWEST LINE OF KIMBOLTON DRIVE (50' R.O. W ); THENCE: S 410 56' 44" W ALONG THE NORTHWEST LINE OF KIMBOLTON DRIVE FOR A DISTANCE OF 40.00 FEET; THENCE: S 480 03' 16" E ACROSS THE PLATTED END OF KIMBOLTON DRIVE FORA DISTANCE OF 50.00 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; THENCE: ALONG SAID CURVE THROUGH A_CENTRAL ANGLE OF 900 00' 00" FOR_AN ARC _ DISTANCE OF 39.27 FEET (CHORD BEARS: N 860 56' 44" E-35.36 FEET) TO THE END OF SAID CURVE ON THE SOUTHWESTLINE DF WIGMORE PLACE (50' R.O.W.); THENCE: S 480 03' 16" E ALONG THE SOUTHWEST LINE OF WIGMORE PLACE FORA DISTANCE OF 70.55 FEET TO TIE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FORAM ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S or 03' 16" E - 35.36 FEET) TO THE END OF SAID CURVE AT VICTORIA AVENUE; THENCE: S 480 03' 22" E ACROSS THE PLATTED END OF VICTORIA AVENUE FORA DISTANCE OF 77.00 FEET TO THE POINT OF BEGINNING CONTAINING 9.605 ACRES OF LAND, MORE OF LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/ WORK/MAB/CGII-103.MAB Exhibit B Description of the Project Participation Agreement Exhibit C Engineer's estimate of the costs of the Project Participation Agreement 10 qLlull.zEngineering, LLC September 19, 2013 Danielle Singh Graduate Civil Engineer City of College Station 1101 Texas Avenue College Station, TX 77840 Re: Request for Oversize Participation Expenditures Castlegate II Subdivision, Section 103 Dear Ms. Singh: 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 103 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 763 linear feet of 12" water line routed through Section 103. In the attached Water System Report, the water system has been modeled using an 8" water line as the main line. The model demonstrates that the system performs above minimum standards using the 8" line as the main line. We conclude that anything larger than an 8" line can be considered oversized. Also, included with this submittal is an estimated cost of the water system using 12" lines and another using 8" lines. The difference in construction cost between the two line sizes and the related fittings is $14,056. We believe this is a conservative number and that the actual construction costs should not exceed that figure. I also estimate a cost of $4,500 for the performance and payment bonds and other fees. The total Oversized Participation request is $18,556. This figure is approximately 16% 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. �� IAk Joe Se Itz, P.E. Civil ngineer/Manager Attachments P.O. Box 11995 • College Station, Texas 77842 schultzeng ineering Ilc.com 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 personss 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 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 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. T. 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. L 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 14l�"RO,. CERTIFICATE OF LIABILITY INSURANCE DATE 08/01/201 vv) 08101/2013 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 pollcy(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 endorsements . PRODUCER Phone: 979-776-2626 Anco Insurance B/CS P. O. Box 3889 Fax: 979-774-5372 Bryan, TX 77805 Grant Graham CONTACT Ga la Zientek NAME: p/CNNe Ext • 979-774-6575 ac No : 979-774-5685 ADDRE SS: zientek@anco.com INSURER B AFFORDING COVERAGE NAIC N INSURER A: Mid -Continent CasuaIV Co. INSURED Dos Dorado Development LLC DBA INSURER B: Service Lloyds Ins Co. 3-1) Development 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, INSR LTR TYPE OF INSURANCE DO S O POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DDIYfYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR 04GL000879739 07101/2013 07/01/2014 EACH OCCURRENCE $ 1,000,00 PREMSESGEaa NTE_�nce $ 100,00 MED EXP(Any Doe person) $ Excluded PERSONAL B AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: IEFTPRO LOG PRODUCTS - COMP/OP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS 04CA002799047 08/01/2013 07/0112014 COMBINED SINGLE LIMIT Eeaccident $ 1,000,000 BODILY INJURY IF., person) $ BODILY INJURY (Per accident)$ X PROPERTY DAMAGE jar. dderd $ E A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE 04XS181746 07/01/2013 07/01/2014 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 OLD I X I RETENTION$ 10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUOE04 (Mandatory In NHl styes, describe under DESCRIPTION OF OPERATIONS below N/A SRZD2444013 07101/2013 07/01/2014 X WC SIATU- O�H- E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION CITYCI7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of College Station PO Box 9960 AUTHORIZED REPRESENTATIVE College Station, TX 77842 L ©1988.2010 ACORD CORPORATION. All rights reserved. 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 onlyY to the insurance provided by the policy because Texas is shown in Item 3.A. of the InTormation Page. We have the rigght 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 1. ( ) Specific Waiver Name of person or organization: (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: GRADING OF LAND 3, Premium The ppremium 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 .4JAA, 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 "yourwork" for that Insured. 2. With respect to 1. above the following additional provisions apply: 4. Other insurance 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 he considered as excess insurance of any other insurance provided by a contractor other than 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 (06 08) Page 1 of 1 ADDITIONAL INSURED This endorsement modifies insurance provided underthe 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 dale 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 tinder this policy. The additional insured Is not required to pay for any premiums staled 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 20 40 tea 97) 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: 712223S 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 Twenty -Nine Thousand One Hundred Eight and No/100's($129 108 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, Castleaate II Subdivision, Section 103 all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Developer shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Developer with the terms of the Contract, including the making of payments thereunder and, having fully considered it's Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Developer in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Developer in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Developer until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold any amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Developer and Surety will fully indemnify and save harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Developer under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Developer and Surety agree to pay to the City the actual amounts of attorney's fees incurred by the City in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or Participation Agreement not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Conti -act 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 L� it r� 6,10-9 1(��►Z�Tii� t L Miyarl. ?+. Sfk:h or FOR THE SURETY: ATTEST/WITNESS (SEAL) By:iix Name: Lisa Torres Title: Bond Admin Date: October 18 2013 FOR THE CITY REVIEWED: --n`oy City Atto fney Dos Dorado Development dba 3D Development, LLC (Name of Developer) By: 641 � �--4--� fm Name: 1'nIt.t\AAito f SW Title: Date: J�(15�13 Developers Suretv and Indemnity Comoan (Full Name of Surety) 105 Decker Court, Ste. 670 Irving Texas 75062 (Address of Surety for Notice) By: ` Name: Title: Attorney -In -Fact Date: October 18 2013 gRFORMANCEBONDISACCEPTED LF OF THE CITY OF CO EGE ,TEXAS: City Manager Participation Agreement POWER OF ATTORNEY FOR Bond Number: 712223S DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS Thal 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. Brewka, jointly or severally"' as its two and lawful Altorneyfs)-in-Fact, to make, execute, deliver and acknowledge. for and on behaff of said corporation, as surely, bonds, undertakings and contracts of suretyship giving and granting unto said Allorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in conneclion 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 Altorney(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. RESOLVER that a combination of any two of the Chairman of the Board; the President. any Executive Vice -President, Senior Vice -President or Vice -President of the commalim,, be, and that each of them hereby is. authorized to execute this Power n(Adorney, qualifying the agorney(s) named in the Power of Altnmey to exe.dda, on behaff rrf the corporation, bonds. undertakings and contracts of suralyship: and the the Secretary or any Assistant Secretary of the corporation be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any mr ificale relating thereto by facsimile, and any such Power of Attorney or cerldcate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this May 23. 2013. Daniel Young, Senior Vim -President Stale of California County of Orange On May 23 2013 before me. Date OCT. 10 1936 Here Insert Name and Title of the Officer personally appeared Daniel Young and Gregg N. Okum Naine(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subscribed to the within instrument and acknowledged to me that he/shellhey executed the same in his/her/their authorized cmacity(ies), and that by hisdier/their signature(s) on the insbumsnt the amounts). or the amity upon behalf of GINA L. GARNER which the persons) acted, executed the instrument. ; COMM, if 2021213 NOTARY PUBLIC CALIFORNIA I comity under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is z ORANGE OOUKrY We and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature/I�iYlAif". Gina L Gamer, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set form in the Power of Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 181h day of October, 2013 By: Mark J. Lansdon. Assistant Secretary 10-1438(Rev05/13) 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# 5124754771 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 Surely 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 part or condition of the attached document. AVISO IMPORTANCE Para obtener informacion o pare someter una queja: Usted puede llamar al numero de telefono gratis de porn informacion o para someter una queja at: 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 at: 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 tiene one disputa concerniente a so prima o a on reclamo, debe comunicarse con el Surety primero. Si no se resuelve Is 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 documehto adjun to. THE rJ ■ GROUP Insco Insurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California 17771 Cowan, Suite 100 Irvine, CA92614 1-800-782-1546 www.lnscoDico.com ID-1404 (TX) (Rev. 5/12) Project No. PAYMENT BOND Bond Number: 712223S TEXAS STATUTORY PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE, Dos Dorado Development dba 313 Development LLC , as Principal, hereinafter called "Principal' and the other subscriber hereto Developers Surety and Indemnity Company , a corporation organized and existing under the laws of the State of Iowa licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of One Hundred Twenty -Nine $129 108 for payment Thousand, One Hundred Eight P y whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the lath day of January 1 2013 for Oversize Waterline Participation Expenditures Castleoate II Subdivision Section 10 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. Counci/Approved— 02112103 Revised 09/27104(a) ATTEST, SEAL: (if a corporation) WITNESS: (if not a corporation) Dos Dorado Development dba 31) Development, LLC (Name of Contractor) By: 9 5/> /—z // By: WJWi.Q � 1 �wqs Name:i tC4ai,q0Vi Name Title: R551b�,1+ 64.1 tea Title: iN o-F Coe' SZron S Date: ATTEST/WITNESS (SEAL) By: 0_Zll Name: Lisa Torres Title: Bond Admin Date: October 18, 2013 REVIEWED: City Attomey,s Office Developers Surety and Indemni!y Company (Full Name of Surety) 105 Decker CourtSte. 670 Irving Texas 75062 (Address of Surety for Notice) By: ame: John W. Schuler Title: Attorney -in -Fact Date: October 18, 2013 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF T - OF COLLEGE STATION, TEXAS: Council Approved— 02112103 Revised 09727704(a) 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 103 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. 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 Il Section 103 and as further described in Exhibit "A". 1.8 Project means the construction of water line improvements as detailed in Exhibit "1)". 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 16% 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 Licensed Professional Engineer at Developer's expense and signed by an authorized official of the entity. ARTICLE III GOVERNMENTAL IMMUNITY, INDEMNIFICATION, RELEASE AND INSURANCE 3.1 The City by entering into this Agreement, City does not consent to suit; waive its governmental immunity, or the limitations as to damages under the Texas Tort Claims Act. 3.2 Indemnification. Developer agrees to and shall indemnify, hold harmless, and defend City and its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, expert fees and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by Developer under this Agreement, regardless of whether such injuries, death, damages or breach are caused in whole or in part by the negligence of City, any other party indemnified hereunder, the Developer, or any third party. 3.3 Release. Developer assumes full responsibility for the work to be performed hereunder, and releases, relinquishes and discharges City, its officers, agents, volunteers and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense therefore, for any injury to or death of any persons and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with, Developer's work to be performed hereunder. This release shall apply whether or not said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether or not said claims, demands, and causes of action were caused in whole or in part by the negligence of City, any other party released hereunder, Developer, or any third party. 3.4 Insurance. The Developer shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Developer or their contractors, agents, representatives, volunteers, or employees. Said insurance shall list College Station, its officers, agents, employees, and volunteers as Additional Insureds. See Exhibit "D" for required limits of liability insurance. Certificates of insurance evidencing the required insurance coverages on the most current form approved by the Texas Department of Insurance attached hereto as Exhibit "E". ARTICLE IV PROJECT AND CONSTRUCTION 4.1 Right to Inspect the Work. City may inspect the improvements for compliance with the Approved Plans during construction. In the event that it is determined by City that any of the work or materials furnished is not in strict accordance with the Approved Plans, City may Participation Agreement 4 withhold funds until the nonconforming work conforms to the Approved Plans or terminate this Agreement at City's election without any further liability. 4.2 Independent Contractor. Developer shall be solely responsible for selecting, supervising, and paying its subcontractors and for complying with all applicable laws, including, but not limited to all requirements concerning workers compensation and construction retainage. The parties agree all employees, volunteers, personnel and materials furnished or used by Developer in the installation of the specified improvements will be the responsibility of Developer and understand Developer will not be deemed employees or agents of City for any purpose. Nothing in this Agreement will establish a joint venture between the Developer and the City. 4.3 Payment for materials and labor. Developer shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, material men or suppliers of any type or nature whatsoever and insuring that no claims or liens of any type will be filed against any property owned by City arising out of or incidental to the performance of any service performed pursuant to this Agreement. In the event a statutory lien notice is sent to City, Developer shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold City harmless from any losses that may result from the filing or enforcement of any said lien notice. 4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the improvements, Developer shall provide City a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, material men, and subcontractors have been released, and that there are no claims pending of which Developer has been notified. Such affidavit shall be in a form as substantially set forth in Exhibit "F" which is attached hereto and incorporated by reference. 4.5 Requirements of Applicable rules remain. This Agreement does not alter, amend modify or replace any other requirements contained in the Code of Ordinances of the City of College Station, Texas, Unified Development Ordinance of the City of College Station, or other applicable law. ARTICLE V GUARANTEE OF PERFORMANCE AND PAYMENT 5.1 Bonding Requirements of Developer. When City participation is 30% or less of the total value of the Project, Developer will execute the Performance Bond in the form attached in Exhibit "G" to ensure construction of the Project. Developer will ensure its contractor performing the Project executes a payment bond to ensure payment to subcontractors, if any. The Performance Bond must be executed by a corporate surety according to Chapter 2253 of the Texas Government Code. The bonds must be in the total amount of the contract price as approved by City. a. Developer must provide the City a copy of the contractor's payment bond before work commences on the Project. Pailicipation 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 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 DB/A 3-D DEVELOPMENT Printed Name: Title: CITY OF COLLEGE STATION BY: City Manager Date: APPROVED City Attorney Date: Executive Dir. Business Services Participation Agreement 7 Exhibit A Description of the Property Participation Agreement METES AND BOUNDS DESCRIPTION OF A 9.605 ACRE TRACT ROBERT STEVENSON LEAGUE, A-54 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE, ABSTRACT NO.54, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 202.66 ACRE TRACT AS DESCRIBED BY A DEED TO DOS DORADO 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 %: INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF A COMMON AREA IN BLOCK 13, CASTLEGATE H SUBDIVISION, SECTION 201, ACCORDING TO THE PLAT RECORDED IN VOLUME 10906, PAGE 268 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND BEING AT THE SOUTH CORNER OF THE PLATTED END OF VICTORIA AVENUE (77' R.O.W.); THENCE: S 41° 56' 44" W ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID BLOCK 13, SAME BEING THE EXTENSION OF THE SOUTHEAST LINE OF VICTORIA AVENUE, FOR A DISTANCE OF 492.50 FEET TO A 1/2 INCH IRON ROD FOUND MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; THENCE: CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID BLOCK 13 THROUGH A CENTRAL ANGLE OF 900 00' 16" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 030 03' 23" E - 35.36 FEET) TO A 1/2 INCH IRON ROD FOUND MARKING THE END OF SAID CURVE; THENCE: THROUGH SAID REMAINDER OF 202.66 ACRE TRACT FOR THE FOLLOWING CALLS S 410 56' 54" W ACROSS THE FUTURE RIGHT-OF-WAY OF ETONBURY AVENUE (77' R.O.W.) FOR A DISTANCE OF 77.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVINGA RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890 59' 44" FOR AN ARC DISTANCE OF 39,27 FEET (CHORD BEARS: S 860 56' 37" W - 35.35 FEET) TO THE END OF SAID CURVE; N 480 03' 41" W ACROSS THE FUTURE RIGHT-OF-WAY OF VICTORIA AVENUE FORA DISTANCE OF 77.00 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' 16" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 030 03' 23" W - 35.36 FEET) TO THE END OF SAID CURVE; N 480 03' 31" W ALONG THE FUTURE SOUTHWEST LINE OF ETONBURY AVENUE FOR A 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 890 59' 44" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 860 56' 37" W - 3 5.3 5 FEET) TO THE END OF SAID CURVE; N 480 03' 47" W ACROSS THE END OF THE EXTENSION OF KIMBOLTON DRIVE FOR A DISTANCE OF 5 0. 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' 16" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 036 01 D` W - MN FEET) TO THE END OF SAID CURVE; N 480 03' 31" W ALONG THE FUTURE SOUTHWEST LINE OF ETONBURY AVENUE FOR A DISTANCE OF 19 1. 10 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890 59' 44" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 86° 56' 37" W - 35.35 FEET) TO THE END OF SAID CURVE; N 480 03' 47" W ACROSS THE END OF THE EXTENSION OF WARKWORTH LANE FORA DISTANCE OF 50.00 .... _._.....,.____.._--- FEET T6 THE BBGINNIN6 6F A C6UNTERCLOCKWISH CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 16" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 030 03' 23" W - 35.36 FEET) TO THE END OF SAID CURVE; N 480 03' 31" W ALONG THE FUTURE SOUTHWEST LINE OF ETONBURY AVENUE FOR A DISTANCE OF 95.55 FEET; N 410 56' 44" E FOR A DISTANCE OF 634.55 FEET TO THE SOUTHWEST LINE OF CASTLEGATE II SUBDIVISION, SECTION 100, ACCORDING TO THE PLAT RECORDED IN VOLUME 11456, PAGE 161 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 48' 03' 16" E ALONG THE COMMON LINE OF SAID REMAINDER OF 202.66 ACRE TRACT AND SAID SECTION 100 FOR A DISTANCE OF 411.65 FEET TO THE NORTHWEST LINE OF KIMBOLTON DRIVE (50' R.O. W ); THENCE: S 41' 56' 44" W ALONG THE NORTHWEST LINE OF KIMBOLTON DRIVE FOR A DISTANCE OF 40.00 FEET; THENCE: S 48° 03' 16" E ACROSS THE PLATTED END OF KIMBOLTON DRIVE FORA DISTANCE OF 50.00 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; THENCE: ALONG SAID CURVE THROUGH _A_CENTRAL _ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD YEAS:'N 864 56' 44" E- 35.36 FEET) TO THE END OF SAID CURVE ON THE SOUTHWEST LINE OF WIGMORE PLACE (50' R.O.W.); THENCE: S 48° 03' 16" E ALONG THE SOUTHWEST LINE OF WIGMORE PLACE FORA DISTANCE OF 70.55 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN -ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 030 03' 16" E - 3 5.3 6 FEET) TO THE END OF SAID CURVE AT VICTORIA AVENUE; THENCE: S 48' 03' 22" E ACROSS THE PLATTED END OF VICTORIA AVENUE FORA DISTANCE OF 77.00 FEET TO THE POINT OF BEGINNING CONTAINING 9.605 ACRES OF LAND, MORE OF LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/ WORK/MAB/CGII-103.MAB Exhibit B Description of the Project Participation Agreement Exhibit C Engineer's estimate of the costs of the Project Participation Agreement 10 September 19, 2013 Danielle Singh Graduate Civil Engineer City of College Station 1101 Texas Avenue College Station, TX 77840 Re: Request for Oversize Participation Expenditures Castlegate II Subdivision, Section 103 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 103 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 763 linear feet of 12" water line routed through Section 103. In the attached Water System Report, the water system has been modeled using an 8" water line as the main line. The model demonstrates that the system performs above minimum standards using the 8" line as the main line. We conclude that anything larger than an 8" line can be considered oversized. Also, included with this submittal is an estimated cost of the water system using 12" lines and another using 8" lines. The difference in construction cost between the two line sizes and the related fittings is $14,056. We believe this is a conservative number and that the actual construction costs should not exceed that figure. I also estimate a cost of $4,500 for the performance and payment bonds and other fees. The total Oversized Participation request is $18,556. This figure is approximately 16% 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. Joe Sc dtz, P.E. Civilngineer/Manager Attachments P.O. Box 11995 • College Station, Texas 77842 schultzengineeringllc.com SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate II Subdivision, Section 103 Engineer's Estimate of Oversize Participation Cost - Summary September 19, 2013 Water System w/12" Lines $ 129,108 Water System w/8" Lines $ 115,052 Difference in Construction Cost $ 14,056 Performance and Payments Bonds and Fees $ 4,500 Overall Participation Estimate $ 18,556 SCHULTZ ENGINEERING; LLC; el 3 Page 1 of 3 SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate 11 Subdivision, Section 103 Engineer's Estimate of Oversize Participation Cost September 19, 2013 Item Description Unit Estimated umdi Unit Price Total Water System w/12" Lines 1 12" C900 Water Pipe w/tracer wire- Structural Backfill, complete in place LF 667 $ 40.00 $ 26,680.00 2 12" C900 Water Pipe w/tracenvire- Non-Stmctwnl Backfill, complete in place LF 96 $ 35.00 $ 3,360.00 3 Cormect to Existing 12" Water Line EA 1 $ 1,000.00 $ 1,000.00 4 12"x 12" M.L Tee, complete in place EA 1 $ 800.00 $ 80D.00 5 12"x 12" M.J. Cross, complete in place EA I $ L000.00 $ 1,000.00 6 12" x 6" At. Reducer, complete in place EA 1 $ 550.00 $ 55D.00 7 12" x 8" M.J. Reducer, complete in place EA 2 $ 550.00 $ 1, IOD.00 8 12" M.J. Gate Valve, complete in place EA 3 S 1,850.00 $ 5,550.00 9 12" x 45" M.J. Bend, complete in place EA 2 S 650.00 $ 1,30D.OD 10 1" Water Service, < 15 ft (avg length = 2 ft) (12" Line) EA 1 $ 750.00 $ 750.00 11 1.5"Water Service,< 15 ft(avg length = 2 lb (12" Line) EA 4 $ 1,100.00 $ 4,40D.00 12 1.5"Water Service, >15 A(avg length =48 R)(12"Line) EA 5 $ L600.00 $ 8,000.00 13 4" Blmvoff Assembly, complete in place EA 1 $ 2,200.00 $ 2,200.00 14 Waterline Testing LS I $ 1,000.00 $ 1,000.00 15 B" C900 Water Pipe w/tracenvire - Strucural Backfill, complete in place LF 236 $ 28.00 $ 6,609.00 16 8" C900 Water Pipe w/tracer wire - Non -Structural Backfill, complete in place LF 336 $ 23.00 $ 7,728.00 17 6" C900 Water Pipe w/tracer wire - Structural BnckRll, complete in place LF 694 $ 28.00 $ 19,152.00 18 4" C900 Water Pipe wAmcer wire - Structural Backfill, complete in place LF 10 $ 28.00 $ 280.00 19 Connect to Existing 8" Water Line EA I $ 1,000.00 $ 1,000.00 20 Connect to Existing 6" Water Line EA 1 $ 1,000.00 $ 1,000.00 21 Fire Hydrant Assembly (w/valve, vent. extension), complete in place EA 3 S 3,500.00 $ 10,500.00 22 6"x 6" M.1. Tee, complete in place EA 3 S 500.00 $ 1,500.00 23 8"x 8" M.J. Cross, complete in place EA 1 $ 600.00 $ 600.00 24 8" x 6" M.J. Reducer, complete in place EA 2 $ 400.00 $ 800.00 25 6" x 4" M.J. Reducer, complete in place EA 1 $ 400.00 $ 400.00 26 8" At. Gate Valve, complete in place EA 2 S 1,050.00 S 2,100.00 27 6" MI Gate Valve, complete in place EA 3 $ 1,000.0D $ 3,000.00 28 1" Water Service, < 15 ft (avg length = 2 ft) (6" Line) EA 2 $ 650.00 $ 1,300.00 29 1" Water Service, < 15 0 (avg length = 2 R) (4" Line) EA 1 $ 650.OD $ 650.00 30 1" Water Service, > 15 ft (avg length = 48 ft) (6" Line) EA 4 $ 1,000.00 $ 4,000.00 31 1"Water Service, > 15 0 (avg length =2 ft) (4"Line) EA 1 $ 1,000.00 $ 1,000.0D 32 1,5" Water Service, < 15 ft (avg length = 2 ft) (6" Line) EA 4 $ 800.00 $ 3,200.OD 33 1. 5" Water Service, > 15 It (avg length = 48 ft) (6" Line) EA 3 $ 1,200.00 $ 3,600.00 34 2" Blowof£Assembly, complete in place EA 3 $ 1,000.00 $ 3,000.00 Water System w/12" Linesi $ 129,108.00 Page 2 of 2 SCHULTZ ENGINEERING, I.I.C. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate II Subdivision, Section 103 Engineer's Estimate of Oversize Participation Cost September 19, 2013 0em Description Unit Emanated Quantity Unit Price Total Water System w/8"Lines 1 8"C900 Water Pipe w/twoorwire - structural Backfill, complete in place LF 667 $ 28.00 S 18,676.00 2 8" C900 Water Pipe w/tracer wire - Non-Stmchml Backfill, complete in place LF 96 $ 23.00 $ 2,208.00 3 Correct to Existing 12" Water Line EA 1 $ 1,000.00 S 1,000.00 4 8"x 8" M.J. Tee, complete in place EA I $ 550.00 S 550.00 5 8"x 8" M.J. Cross, complete in place EA I $ 60D.00 S 600.00 6 8" x 6" M.L Reducer, complete in place EA I $ 400.00 S 400.00 7 8 8" M.J. Cate Valve, complete in place EA 3 $ 1,050.00 S 3,150.00 9 8" x 45" M.J. Bend, complete in place EA 2 S 350.00 $ 700.00 10 V Water Service, < 15 0 (avg length =2 0) (12" Line) EA I $ 750.00 $ 750.00 11 1.5"Water Service,< 150(avg length =20)(12"Line) EA 4 $ I,100.OD $ 4.400.00 12 1.5" Water Service, > 15 0 (avg length = 48 It) (12" Line) EA 5 S 1,600.00 $ 8,000.00 13 4" Blowoff Assembly, complete in place EA 1 $ 2,200.00 $ 2,200.00 14 Waterline Testing LS I $ I,000.OD S 1,000.00 15 S" C900 Water Pipe w/tracer wire- Structural Backfill, complete in place LF 236 S 28.0D S 6,608.00 16 8" C900 Water Pipe w/tracer wire - Non-Stmctnral Backfill, complete in place LF 336 $ 23.OD $ 7,728.00 17 6"C90D Water Pipe w/tracerwire - Stmctnral Backfill, complete in place LF 684 $ 28.OD $ 19,152.00 IS 4" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF t0 $ 28.00 $ 290.00 19 Connect to Existing 8" Water Line EA 1 $ 1,000.00 $ 1,000.00 20 Connect to Existing 6"Water Line EA 1 $ 1,000.00 $ L000.00 21 Fire Hydrant Assembly (w/valve, re t. extension), complete in place EA 3 $ 3,500.00 $ 10,500.00 22 6"x 6" M.J. Tee, complete in place EA 3 $ 500.00 $ 1,500.OD 23 8"x 8" M.I. Cross, complete in place EA 1 $ 600.00 $ 600.OD 24 8" x 6" M.L Reducer, complete in place EA 2 $ 400.00 S 800.00 25 6" x 4" M.J. Reducer, complete in place EA 1 $ 400.00 $ 400.00 26 8" M.J. Cate Valve, complete in place EA 2 $ 1,050.00 $ 2,100.00 27 6" M.). Gate Valve, complete in place EA 3 S 1,000.00 $ 3,000.00 29 1" Water Service, < 15 0 (avg length =2 fi) (6" Line) EA 2 $ 650.00 $ 1,300.00 29 1" Water Service, < 15 fi (avg length= 2 0) (4" Line) EA I S 650.00 S 650.00 30 1" Water Service, > 15 0 (avg length= 48 fi) (6" Line) EA 4 S 1,000.00 $ 4,000.00 31 1" Water Service, >15fi(avg length =2it) (4"Line) EA 1 $ LOU() $ LOD0.00 32 1.5" Water Service, < 15 0 (avg length = 2 0) (6" Line) EA 4 $ 50D.00 S 3,200.00 33 1.5" Water Service, > 15 0 (avg length = 48 It) (6" Line) EA 3 $ 1,200.00 $ 3,600.00 34 2" BlowoRAssembly, complete in place EA 3 $ 1,000.00 $ 3,000.00 Water System w/8"Lino $115,052 Page 2 of 2 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 I I 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 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. 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 CERTIFICATE OF LIABILITY INSURANCE B 0S/01/20181YY) 112013 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(les) 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 endorsements . PRODUCER Phone: 979-776-2626 CONTACT Gayle Zientek NAME: Anco Insurance B/CS P. O. Box 3889 Fax: 979-774.5372 Bryan, TX 77805 Grant Graham ,PHE„t, 979-774.6575 FAX No): 979-774.6685 ADDRESS: zientek@anco.com INSURERS AFFOROINGCOVERAGE NAICN INSURER A: Mid -Continent Casualty Co. INSURED Dos Dorado Development LLC DBA INSURER B: Service Lloyds Ins Co. 3-D Development 4490 Castlegate Dr. INSURERC: College Station, TX 77845 INSURER D: NSURER 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 0 SUBS POLICYNUMaER EFF MMIDOMYY MCY MDD/YYYV LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [A] OCCUR 04GL000879739 07101I2013 07/01I2014 EACH OCCURRENCE $ 1,000,00 PREMISES Eaoccu AMAGE TO m,a $ 100,00 MED EXP(Any one person) $ Excluded PERSONAL It ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS-COMPIOP AGO $ 2,000,000 $ A AUTOMOBILE J LIABILITY ANY AUTO AOSCHEDULED AUUTOSS AUT NON-O HIRED AUTOS X NON -OWNED AUTOS 04CA002799047 08/01/2013 0710112014 SINGLE LIMIT COMBINEcideDnt Ea ac $ 1,000,000 BODILY INJURY (Per person) $ ) BODILY INJURY (Par accident $ PROPERTY DAMAGE Per accident $ A UMBRELLALIAB EXCESS LIAR I X OCCUR CLAIMS -MADE 04XS181746 07101/2013 07/01/2014 EACH OCCURRENCE $ 1,000,00 X AGGREGATE $ 1,000,00 DED I X I RETENTION 10000 $ B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) if yes, describe under DESCRIPTION OF OPERATIONS below NIA SRZD2444013 0710112013 07/0112014 X WC STATU- OTH- L EL EACH ACCIDENT _ $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00C DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) CERTIFICATE HOLDER CANCELLATION CITYCI7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of College Station ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9960 AUTHORIZEDREPRESENTATIVE College Station, TX 77842 ` ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 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 i_s._.. 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 Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: GRADING OF LAND 3. Premium The premium charge for this endorsement shall be 2 percent of the premium deve opedon 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 Q40AA, Z, /xpGL 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 11) 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" forthat Insured. 2. With respect to 1, above the following additional provisions apply: 4. Other Insurance 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 other than the above named additional insured. This amendment applies only when you hove 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 MIL 13 57 (06 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 dale of the policy unless another dale is indicated below: Endorsement Effective 0010212013 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 riot required to pay for any premiums stated In the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional Insured in all matters pertaining to this Insurance. We will mall the additional Insured notice of any cancellation of this policy. If the cancellation Is by us, we will give ten days notice to the additional Insured. The additional Insured will retain any right of recovery as a claimant under this policy. MA 20 40 (00 971 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 Afflant'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 OVERSIZE PARTICIPATION REQUEST OP REQUEST # (* 41W CITY OF COLLEGE STATION Planning and Development Services Project Name: Castlegate II Section 103 Subdivision: Castlegate II Section 103 Developer: Dos Dorado Development, L.L.C. d/b/a 3-D Development Engineer/ Firm: Schultz Engineering L.L.C. Project Description: Upsize 584 LF water line through Castlegate II Section 103 Total Cost Estimate: $ 133,608 City Contribution Requested: Water: $18,556 (16%) Construction Schedule: Fall 2013 Comments:: Upsize water line from 8-inch to 12-inch P/DS Engineer Signature/ Date 2 7� College Station Utilities Engineer Approval: Division Manager Approval: Director Approval: Comments: FUNDING: Water Capital Improvement Project Fund Available: Current Request: Remaining Amount Available: Finance $ 100,000.00 $ 18,556.00 $ 81,444.00 Funding Source: WATER CAPITAL IMPROVEMENT PROJECT FUND Approval (Signature & Date): Note: Attach location map and engineer's estimate. 1ofI SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate II Subdivision - Section 103 Engineer's Estimate of Construction Item Description Unit Estimated uami ty Unit Price Total General Items 1 Mobilization, Overhead and Construction Staking LS 1 $ 7,500.00 $ 7,500.00 2 Topsoil Removal and Replacement, complete in place LS 1 $ 6,000.00 $ 6,000.00 3 Install End of Street Signs, complete in place EA 15 $ 150.00 $ 2,250.00 4 Street Name Signs, complete in place EA 6 $ 350.00 $ 1,400.00 5 Stop Signs, complete in place EA 6 $ 400.00 $ 1,600.00 6 Pavement Striping and Markings, complete in place LS I $ 4,500.00 $ 5,000.00 7 Erosion & Sediment Control - SWPPP Implementation & Maintenance, Silt Fence, Construction Exit, Rock Filter Dam, etc., complete in place LS 1 $ 2,500.00 $ 2,500.00 8 Hydroseed and Hydromulch, complete in place SY 6,860 $ 0.50 $ 3,430.00 General Items Subtotal $ 29,680.00 Page 1 of 4 Castlegate II Subdivision - Section 103 Engineer's Estimate of Construction Item Description Unit Estimated uanti Unit Price Total Street Construction Items Concrete Pavement 9 Excavation & Grading, complete in place LS 1 $ 17,500.00 $ 17,500.00 10 Mixing & incorporation of lime, 6" deep, complete in place SY 4,245 $ 2.10 $ 8,914.50 I 1 Mixing & incorporation of lime, 8" deep, complete in place SY 6,268 $ 2.80 $ 17,550.40 12 Hydrated Lime, complete in place (27 lb/sy fot 6" deep & 36 lb/sy for 8" deep) Ton 170 $ 170.00 $ 28,900.00 13 6" Reinforced Concrete Pavement w/Curb, complete in place SY 3,310 $ 31.00 $ 102,610.00 14 7" Reinforced Concrete Pavement w/Curb, complete in place SY 5,320 $ 34.00 $ 180,880.00 15 Reinforced Concrete Pavement - Aprons - 6" Thick w/ Monolithic Standard Curb, complete in place SF 800 $ 4.00 $ 3,200.00 - 16 Concrete Sidewalk & Ramps - 4" thick, complete in place & WS Phillips Sidewalk SF 2I,490 $ 3.30 $ 70,917.00 17 ADA Ramps - Detectable Warning Surfaces, complete in place EA 20 $ 500.00 $ 10,000.00 Street Construction Concrete Pavement Items Subtotal $ 440,471.90 Storm Sewer Construction Items 18 36" RCP Pipe, complete in place - Structural Backfill, complete in place LF 597 $ 72.00 $ 42,984.00 19 36" HDPE Pipe, complete in place - Structural Backfill, complete in place LF 1,468 $ 50.00 $ 73,400.00 20 30" RCP Pipe, complete in place - Structural Backfill, complete in place LF 173 $ 55,00 $ 9,515.00 21 24" RCP Pipe, complete in place - Structural Backfill, complete in place LF 211 $ 40.00 $ 8,440.00 22 18" RCP Pipe, complete in place - Structural Backfill, complete in place LF 230 $ 30.00 $ 6,900.00 23 Curb Inlet - 10' wide, complete in place EA 5 $ 3,500.00 $ 17,500.00 24 Curb Inlet - 10' x 8', complete in place EA 2 1 $ 3,750.00 $ 7,500.00 25 Curb Inlet - 5' wide, complete in place EA I $ 2,500.00 $ 2,500.00 26 Curb Inlet - 5' x 8', complete in place EA 2 $ 2,750.00 $ 5,500.00 27 Curb Inlet - 15' wide, complete in place EA 1 $ 4,000.00 $ 4,000.00 28 Curb Inlet - 17.5' wide, complete in place EA l $ 4,250.00 $ 4,250.00 29 8'x4' Junction Box, complete in place EA 5 $ 3,000.00 $ 15,000.00 30 8'x8' Junction Box, complete in place EA 1 $ 3,250.00 $ 3,250.00 31 TV Testing and Inspection, complete in place LF 2,679 $ 2.00 $ 5,358.00 Storm Sewer Construction Items Subtotal $ 206,097.00 Page 2 of 4 Castlegate II Subdivision - Section 103 Engineer's Estimate of Construction Item Description Unit Estimuantateitd Unit Price Total Water Construction Items 32 12" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 667 $ 40.00 $ 26,680.00 33 12" C900 Water Pipe w/tracer wire - Non -Structural Backfill, complete in place LF 96 $ 35.00 $ 3,360.00 34 Connect to Existing 12" Water Line EA 1 $ 1,000.00 $ 1,000.00 35 12"x 12" M.J. Tee, complete in place EA 1 $ 800.00 $ 800.00 36 12"x 12" M.J. Cross, complete in place EA 1 $ 11000,00 $ 1,000.00 37 12" x 6" M.J. Reducer, complete in place EA I $ 550.00 $ 550.00 38 12" x 8" M.J. Reducer, complete in place EA 2 $ 550.00 $ 1,100.00 39 12" M.J. Gate Valve, complete in place EA 3 $ 1,850.00 $ 5,550.00 40 12" x 450 M.J. Bend, complete in place EA 2 $ 650.00 $ 1,300.00 41 1" Water Service, < 15 ft (avg length = 2 ft) (12" Line) EA 1 $ 750.00 $ 750.00 42 1.5" Water Service, < 15 ft (avg length = 2 ft) (12" Line) EA 4 $ 1,100.00 $ 4,400.00 43 1.5" Water Service, > 15 ft (avg length = 48 R) (12" Line) EA 5 $ 1,600.00 $ 8,000.00 44 4" Blowoff Assembly, complete in place EA l $ 2,200.00 $ 2,200.00 45 Waterline Testing LS 1 $ 1,000.00 $ 1,000.00 46 8" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 236 $ 28.00 $ 6,608.00 47 8" C900 Water Pipe w/tracer wire - Non -Structural Backfill, complete in place LF 336 $ 23.00 $ 7,728.00 48 6" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 684 $ 28.00 $ 19,152.00 49 4" C900 Water Pipe w/tracer wire - Structural Backfill, complete in place LF 10 $ 28.00 $ 280.00 50 lConnect to Existing 8" Water Line EA l $ 1,000.00 $ 1,000.00 51 Connect to Existing 6" Water Line EA 1 $ 1,000.00 $ 1,000.00 52 Fire Hydrant Assembly (w/valve, vert. extension), complete in place EA 3 $ 3,500.00 $ 10,500.00 53 6"x 6" M.J. Tee, complete in place EA 3 $ 500.00 $ 1,500,00 54 8"x 8" M.J. Cross, complete in place EA I $ 600.00 $ 600.00 55 8" x 6" M.J. Reducer, complete in place EA 2 $ 400.00 $ 800.00 56 6" x 4" M.J. Reducer, complete in place EA l $ 400.00 $ 400.00 57 8" M.J. Gate Valve, complete in place EA 2 $ 1,050.00 $ 2,100.00 58 6" M.J. Gate Valve, complete in place EA 3 $ 1,000.00 $ 3,000.00 59 l" Water Service, < 15 ft (avg length = 2 ft) (6" Line) EA 2 $ 650.00 $ 1,300.00 60 1" Water Service, < 15 ft (avg length = 2 ft) (4" Line) EA 1 $ 650.00 $ 650.00 61 1" Water Service, > 15 ft (avg length = 48 ft) (6" Line) EA 4 $ 1,000.00 $ 4,000.00 62 l" Water Service, > 15 ft (avg length = 2 ft) (4" Line) EA 1 $ 11000.00 $ 1,000.00 63 1.5" Water Service, < 15 ft (avg length = 2 ft) (6" Line) EA 4 $ 800.00 $ 3,200.00 64 1.5" Water Service, > 15 ft (avg length = 48 R) (6" Line) EA 3 $ 1,200.00 $ 3,600,00 65 2" Blowoff Assembly, complete in place EA 3 $ 1,000.00 $ 3,000,00 Water Construction Items Subtotal $ 129,108.00 Page 3 of 4 Castlegate II Subdivision - Section 103 Engineer's Estitnate of Construction Item Description p Unit Estimated uanti Unit Price Total Sanitary Sewer Construction Items 66 6" PVC Sewer Line - D3034 -Structural Backfill, complete in place LF 172 $ 18.00 $ 3,096.00 67 6" PVC Sewer Line - D3034 -Non-Structural Backfill, complete in place LF 320 $ 16.00 $ 5,120.00 68 6" PVC Sewer Line - ASTM D-2241 - Structural Backfill, complete in place LF 40 $ 20.00 $ 800.00 69 8" PVC Sewer Line - D3034 - Non -Structural Backfill, complete in place LF 936 $ 22.00 $ 20,592,00 70 6" PVC Cap, complete in place EA 2 $ 200.00 $ 400.00 71 4" Sewer Service -Single (avg. length = 4ft), complete in place EA 3 $ 300.00 $ 900.00 72 4" Sewer Service -Double (avg length = 4 ft), complete in place EA 11 $ 400.00 $ 4,400.00 73 4" Sewer Service -Single (avg length = 48 ft), complete in place EA 2 $ 850.00 $ 1,700.00 74 4" Sewer Service -Double (avg length = 48 ft), complete in place EA 11 $ 950.00 $ 10,450.00 75 Tie -In to Existing Manhole, complete in place EA 2 $ 750.00 $ 1,500.00 76 Concrete Manhole - 4' Dia. - complete in place EA 4 $ 2,800.00 $ 11,200.00 77 TV Testing and Inspection, complete in place LF 1 1,468 $ 2.00 $ 2,936,00 Sanitary Sewer Construction Items Subtotal $ 63,094.00 General Items Subtotal $ 29,680.00 Street Construction Concrete Pavement Items Subtotal $ 440,471.90 Storm Sewer Construction Items Subtotal $ 206,097.00 Water Construction Items Subtotal $ 129,108.00 Sanitary Sewer Construction Items Subtotal $ 63,094.00 TOTAL CONSTRUCTION $ 868,450.90 SCHULTZ ENGINEERING, LLQ, (1 Page 4 of 4 woo -op 6uua9ui6u9zljngos Zt8LL sex9i `uoi;e;g 8691100 • 9666I x08 'O•d sluautgagud zaSgugy�l/.taautSug l tO '8'd zlingo oop 'yl'I `Suuaaufta z;ingoS `Alomou!s ;sanbat sul; iplm pmAuo3 anout o; mlgl o; paau am sda;s ;uanbasgns ;gim moue sn ;al pug Ig;;nugns sttp matnaa noA ;gql 3lsu aAA •;uoutailnbax g sautoaoq Sulpptq anglpodutoo aiagm `%0£ 3o Ilutll plogsaaq; ail molaq Ilom sl pug;soo wa;s is as;gm Ilmano acp jo %LI Ala;utumoxddu st am$g stg l '9SS`8i$ sr;so bat uot;gd!otlagd pozlsxanp Ig;o; aiy saaj xatpo pug spuoq ;uouAud puu ooumwoltad aip .to3 OOS`b$ 3o;soo g a;gutpso osle l •amSg;ggl paaoxo lou pinogs s;soo uogont;suoo lgn;og ai;;gtp pug taqumu ant;gntasuoa g st sap anallaq oM •9S0`171$ st sSulllS palglaz agl pug sazls atttl om; ai; uaam;aq;soo uogongsuoo ut aauaralltp aqy •sautl „g Sulsn .tag;oug pug saull «Zl Sulsn utal&s .talgm ag; jo lsoo polgunlsa uu st MILugns stq; g;tm papnlaut `oslv •pozlwaeo p mptsuoo oq two ouq „ 8 ue ueq; joliq Sutgyiue imp opnlouoo aAk •cull utuw atp su oug .,8 ag; Sulsn spmpugls umummu aeoqu suugltad uta;sAs atp;gtp sa;za;suouzap lapout agy -cull ulmu ail sg autl .ta;gm „8 ue Suisn palopout uoaq suq uta;sAs mium zip `uodag umis fS aalgM p puug ail uI *COT not;aaS iSnoatp pa;nos au!I aa;gn+ «ZI 30 laa3 maull £9L A19I T7010g molts ,iaq L matnaa mo i to3 lgunugns sap gltm popnloul we utalsAs iapgm a p .to3 sugld uopanz;suoo aiy •ugld aa;sgN Ja;gAk s,AI!D ail i;tm 6ldutoo o; FOUSisap sgm auq as;gm sli.L motstntpgnS II a;g2opsvD ail 30 COT uopms tpTm pang;sat Sulaq auq .ta;gm „Zl ail lo3 uomnS aSalloO 3o f4lD atp Aq uopgdto!ym(I azlsxanO aol isonbo i u ol,a!l t of gstm om amal step g;IAA 066E'49L'6L6 :xed 006E'49L'6L6 :aa!40 0�� `5uiaaaul5u- z�1nuag VUTS •sw-mac Co uopaaS `uolsMlpgnS II op2lopsua samgq)uadxg uoqudlagaud azls taA0 .to;;sanbag :am ObBLL U `uopglS 0901100 onuany sgxay I011 uogglS 0S3110O3o AlID zaaulSug lmta a;gnpgzq Huts allata a £IOZ`LZIsand 'oM VNIN33NISN3 ZrInHDS i2Ci I-41 P-1-2 ",q £ 101 @Bed 9ss'8; $ a;uwllsd uolludlapaud lluaan0 OOS'V $ saa3 puu spuoo sluawSud puu aauemaglaad 9S0'6/ $ ;soa u010n.11su03 ul aauaaajjlu Zs0'III $ soul,] „ $/M [ualsfs as;uM SO;'SZI $ saul'I„ZI/Mwa;sss.aaluM £IOZ `LZ;snSnV buulluns -;soa uopvdiapaed OZIs.lanp 3o a;ew[;sH s,1000INUH COT uop3as'U0ISIAIpgns II ajoNaµsnj LZ WON WJIA SV81L SMI'LIORBIS 0601100 V e;InS'8n1ja 811WOU01 OELZ '311'JNIS33NIJN3 ninH3s E 10 Z 88ed 00'901'Su $ sauiq ,gpMwals$S aalvM 00,000,E S 000001 $ E tlH amid ui aloidwoo'Algwasstl,Uomolg „Z 6E Go'009'S $ 00'00Z'1 $ E tlH (am.9)(086= gl9ual 8Av) u 51<'oa!"oS,aluM,5'1 E£ 00'00VE $ 00008 S b tlH (0m9„9)(UZ= gl9ual 9Av) U 51 "ON -AS M-M„5'1 ZE 000001 $ 000001 S I tlH (MIJnb)(UZ= gl9ual Snv) U 51 <'aalnaaS,alvM„1 1E 00'000 $ 00000'1 S h VH (aul9„9)(U86= g19u019Av) li 51<'aal.v13,apM ,.I OE 00059 $ 00059 $ I tlH (mil „b)(O Z=g19uo1$M) U 5I>'OOTMOS MUM 6Z 00'00E'I $ Woo $ Z tlH (0m1„9)(UZ=g18uaI 8Au)U 51>'oawaS,alvM„1 8Z 00,000,E S 00'000,1 S E tl8 amid ui alaldwoa'0AivA elup'IW „q LZ 00'0011 $ 00'0501 S Z tlH amid walaidwoo'OAinAapp-f NA 9Z 00'006 $ 00000 $ 1 tlH amid ui oloidwoo',aonpag'fW,,b x„9 5Z 00008 $ 00'006 $ Z tlH amid m aloidwoa 5aonpag y W „9 x „8 4Z 00009 $ 00'009 $ 1 tlH amid w olaldwoa'ssojZ)r w „8x„8 EZ 000001 $ 00005 $ Z tlH amid m alaldwoa'aay'f W„9x„9 ZZ 00'OWL $ 00,005,E $ Z tlH amid ul oloidwoa'(uopualxa uaA'OAIvA/M) Aigwossy luvapAN a!d I 000001 $ 000001 S I tlH aul-I 1019M „g 9utIM'd 01 pawop OZ 00'0001 $ 00000'1 $ I tlH au!-1,alvM „S 9allsixg of laawoJ 61 00'08Z $ 00'8Z S 01 Al amidm apidwoo'11Uslovg rymlowlS- mlm ,mods odld 1019M 006p„4 81 00'Z51'61 $ 00'8Z $ P89 Al amidm opldwoo'jjgjmg rymlowlS- anm,aml/m odid,aleM 0063 ,.9 LI 00'8ZL,L $ 00'£Z $ 9E£ Al amid ul alaldw03'ilUgmg lamlawls-voN- oalm,aowgm odld,aluM 0062) „ 8 91 00809'9 S 00'SZ $ 9EZ Al amid vlopldwoo'T1114mg rymlowlS- anm,aawi/m odld aaluM 000 „8 51 000001 S 00000,1 $ 1 S"1 9upsoyawpalvM VI 00'OoZ'Z $ 00'OOZ'Z $ I tlH amid m olaldwoa'6lgwasstl,Uomo1H„b El 00000,8 $ 00009'1 $ 5 tla (am-I„ZI)(URp=gieual BAv)U 5i<'wIMAS,aleM „5'1 ZI 00'OOY'6 $ 000019 $ b tlH (null „Z1)(U Z=gl9ual 9Av)U 51>'oau,aS,319M „5'1 11 00'OSL $ 00'OSL $ I tlH (6ul'1 „ZT)(U Z=gl9ual Sm)U Sl>'QOI—S MI.M,d of 00'00£,I $ 00099 $ Z tlH amid m aloldwoa'puag'fW o54 x„ 1 6 00'055,5 $ 600S81 $ E tlH amid m olaldu,oa'aAIvA amp TIN „Zl 8 00'001,1 $ 00055 S Z tla amid w a pldwoa'9oavpag'f N A x „Z1 L 00059 $ 00'055 $ I tlH amid ui olaldwoa 9aanpag q W „9 x,.Zl 9 00000'1 $ 00'0001 $ I tlH amid ul alaldwoa'sswyf IN „Zl x„ZI S 00008 S 00'008 $ 1 tlH amid ui*laid,..'aoy.f.W „Zl x„Zl 4 000001 $ 00'0001 $ 1 tlH om-I,oluM „Zl gupsixg of loawon Z 00'09£'E $ o0'SE $ 96 Al aaeidmalaidwoa yiU>faeg lemlawls-uoN-alm aaaml/m adld aalvM0060,2I Z 00'089,9Z $ 00"Ob $ L99 Al amid ui apidwoo'llg Ing lumlawlS- wu„aawl/m odld .I.Ak 006p,,Zl I vaurl al/M mals$S aaleM lewy oapd pun lvnn palvmgsg pup uwlduasap wan 4IOZ'LZ IsnBntl )soj uopedlapJed 3ZIS13npao a)ewpS3 s,MlllBud COI "ofR aas'uolslnlpgns 11 olullapsej LZEZ 6 'ON wdlj SVOLL sexal'UOIIU;s a6alloo y aalnS'0Ava mwouol o£LZ '311'E)NIa33NISN3 znnH3S E to E 980d ZSO'IIIS saull jIA walc(s IDIOM 00'000'E $ 000001 $ E tl3 David u! olaidwoD'Xlgwasstl,Uomol3 „Z bE 00009'E $ 00'00YI $ E tl3 (aml„9)(U86=41Sualsa)U 51<1031mas JaluM,5'I ££ 00'0OVE $ 00008 $ b tl3 (awl „9) (U Z = Owl SAO) U 51 , 1031 Jas JaluM ,S'I Z£ 000009 $ 000001 s 1 tl3 (au!I„b)(UZ- 41Su01 SAO) U 51<'05!JJaS Ja1vM„I I 00'000 $ 00'0009 $ b tl3 (awl .M (U 86 - 418ua1 SAO) U 51 <'aaaJas IDIOM „I OE 00'059 $ 00059 S I tl3 (Duel.b)(UZ=918vaI$AU)U 51>'a1!nJaSJaUJM ,d 6Z 00'MCI $ 00'059 $ Z tla (01119 „9) (U Z = 412Uai RAU) U 51 >'DJ1"OS IDIOM .I 00'000'E s 00000'1 $ E tl3 000ld ui ololdww'anluA alep y'W „9 00'001'Z $ 00050'1 $ Z tl3 oould ui moldwon'anlvA alup'fW uB 00'006 S 00006 $ I tl3 aauid m alaldwoo 9aanpay f N „b x „9 00008 $ 00'006 $ Z tl3 weld u! olaldatoa 9aanpay y'W „q x„8 00'009 S 00009 $ 1 tl3 oanid w alaldwoa'ssoJQ'f-W „8 x„8 00'0001 $ 00'005 s Z tl3 aavld u! alaldwoo'Ou TW „9 x,91 00'000'L s 00'005'E $ Z tl3 aauid ui alaldwoa'(uolsualxa pan'anlun/eq dlgwosstl lump,(H and I 000001 $ 00'0001 $ 1 tl3 awl IDIOM „q Sups!x3 w laamop OZ 00'000'1 s 00'0009 $ I tl3 au!l IDIOM „g 211103x301 IJawJD 61 00'08Z $ 00'8Z $ Ol Al aauid u, alaldwoo llgnoug IvmlowlS - m!m Jaampm od!d IDIOM 006J „b 81 00151'61 $ 00'8Z S 689 di Dould ul opidtuoo'g3govg juIUIowjS- anm Jaamgm od!d IDIOM 0063,.9 LT 00'SZL'L S 00'EZ $ WE dl aauid u!alaldwoD yp}gang lnmlamlS-uoN-u!m Jaaml/m ad!d IDIOM 0060A 91 00'809'9 S 00'8Z $ 9EZ dl aauid u!Dlaldwoa'UU>laug lvmlowlS -anm Jaami/m od!d IVA% 0063A SI 000001 $ 00'0001 S f si Sullsay aulpJluM bl 00'OOZ'Z $ 00'00Z'Z $ 1 tl3 aauid u! alaldwoJ'6lgwassy,gomol3 „b El 00000'8 $ 00'0099 s S tl3 (awl„Zi)(1]86= 418UaI SAD) U 5 I <'aJ!nJaS IDIOM„51 ZI 00'001"b $ 00'0011 $ b tl3 (au!l„21)(UZ=41Sual SJU)U SI>'aawaS IDIOM XI II 00'OSL S 00'OSL IT 1 tl3 (0u!l„ZI)(UZ=41SU0I SAU)U 51>'9D!—S IDIOM oI 01 WOOL S 00'05E $ Z tl3 aouldOn. alald.D Vuog'f'W �56 x,S 6 00'051'£ S 000501 $ £ tl3 aauid ui ololduwo'*AIDA alup'fIN „g 8 .. ._ .. .. -- L 00'006 $ 00'006 S 1 tl3 aaeldw alaidwoJ haanpaU l'W„9x„8 9 00009 S 00'009 § 1 tl3 aauid u! alaldnwo'ssmp I IN „8 x„8 5 00O55 s 00'059 s I tl3 aauid u, apjdwon'0.1 f IN„Sx„8 b 00'0001 $ 00'0001 S I tl3 Duel IDIOM „Z1 Sugs!xg of IJauwZ) £ 00'SOZ'Z $ 00'EZ s 96 Al aDvldu!alaldttw'Il91ang luml3wlS-u0N-m!m IDDml/m adtd IDIOM 006Q „8 Z 009L9'81 S 008Z $ L99 dl eauld UT ololdwon'Ugllaug puwDwlg -anm JaanJ1/m *did IDIOM 0063 „8 1 ' Chan AIM walsds IDIOM lnlod, DUN Run quvU palvmgs3 uO11dIJJSJQ wall £I0Z'LZ!sHsnv )soj uopedpi1jud az!saanp,!o a!uwns3 s,1aau!8u3 COT uo!!aas'uo!s1n!pgns 11 0102al!sua LZ£Z6'ON W11J 648L1 Snot uog03S 060603 y OaInS'Onldp OgwBU01 OELZ '01l'ON11133NIJN3 ziinHOS