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HomeMy WebLinkAboutOP(*w r y of College Station Purchase Order 1101 Texas Avenue P O Box 9960 College Station, Texas 77842-0960 (979) 764-3555 Fax- (979) 764-3899 w .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. 140302 Above number must appear on all correspondence Date 12/12/13 S CITY OF COLLEGE STATION E CITY HALL = DEVELOPMENT SERVICES P 1101 TEXAS AVENUE T COLLEGE STATION, TX 77840 O DELIVER BY1 F.O.B. TERMS ACCOUNT No. 1 PROJECT RE . NO. BID N 09/30/14 1 i NET/30 21291119735502 WTWOC LINE QUANTITY UOM DESCRIPTION UNIT COST EXTENSION 1 30212.00 EA CASTLEGATE II SECTION 204 WATER LINE IMPROVEMENTS 1.0000 30212.00 REMARKS: >Participation Agreement #14-077 hereby applies to this purchase order. :City Manager approval: 12/04/2013 NOTICE if invoicingg TO VENDOR: To insure prompt payment mail invoice in duplicate and copy of ppaid freigqhht bill to be included for prepaid freight. Mail invoice to Attn: Accounting Department, P.O. Box 9973, College Station, Texas GRAND 30212.00 77842-0973. The City of College Station is exempt from Federal, State, and Local taxes. Federal No. is 1-74-6000534-5. TOTAL PURCHASING AGENT 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 204 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. 14-077 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 204 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 22% and in no event shall exceed the maximum amount estimated in Exhibit "C". 2.2 Competitive Bidding. If City's cost participation exceeds 30% of the total cost of the Project or is located within the extraterritorial jurisdiction of the City, then the Project must be competitively bid pursuant to Chapter 252 of the Texas Local Government Code, as amended. a. If City's participation exceeds 30% of the total cost of the Project, City shall be responsible for advertising and obtaining bids or negotiating proposals for the construction of the Project. Developer shall pay for all costs associated with advertising, printing, and distributing plans and specifications for the Project. b. If City's cost participation is 30% or less of the total cost of the Project and the Project is located within the boundaries of the City, competitive bidding is not required. Participation Agreement 2 2.3 Cost of Project. Developer's engineer's detailed cost estimate of the Project is attached hereto and incorporated herein as Exhibit "C". 2.4 Application for Payment. Application for payment by the Developer to the City for payment to the Developer pursuant to the terms of this Agreement must include the following in a form acceptable to City: a. Final Completion of the Project in accordance with the Approved Plans b. Issuance of all Letters of Completion relating to the Project C. Developer's compliance with all City Codes, Ordinances and standards relating to the Project, the Property and its subdivision and development d. Dedication of the land for the right-of-way or easement either by plat or by deed relating to the Project e. A current title report as of the date of such land dedication and updated within sixty (60) days of the date of this Agreement f. Lien releases or subordinations from all lenders as required by City g. Proof that all guarantees of performance and payment as set forth in this Agreement have been met, including all bond requirements when applicable h. A breakdown of actual costs of the Project with supporting documentation, including all payment receipts 2.5 City Participation Payment. Developer shall submit the written application for City participation payment within thirty (30) days after issuance of all Letters of Completion relating to the Project or Developer shall be ineligible to receive the City participation payment as specified in this Agreement and City's obligation to cost participate shall terminate without any liability. Applications may not be submitted prior to Final Completion. City will pay its participation funds in one payment within thirty (30) days after receipt of a complete written application for participation payment from Developer. 2.6 Reports, books and other records. Developer shall make its books and other records related to the project available for inspection by City. Developer shall submit to City any and all information or reports requested to verify the expenditures submitted for City participation eligibility including, but not limited to bid documents, payment applications, including any supporting information, canceled checks, copies of construction and engineering documents, as determined by the City Engineer in his sole discretion, for the verification of the cost of the Project detailed in Exhibits "B" and "C" of this Agreement. The submission of these reports and information shall be the responsibility of Developer and shall be certified by Developer's Participation Agreement 3 Licensed Professional Engineer at Developer's expense and signed by an authorized official of the entity. ARTICLE III GOVERNMENTAL IMMUNITY, INDEMNIFICATION, RELEASE AND INSURANCE 3.1 The City by entering into this Agreement, City does not consent to suit; waive its governmental immunity, or the limitations as to damages under the Texas Tort Claims Act. 3.2 Indemnification. Developer agrees to and shall indemnify, hold harmless, and defend City and its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, expert fees and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by Developer under this Agreement, regardless of whether such injuries, death, damages or breach are caused in whole or in part by the negligence of City, any other party indemnified hereunder, the Developer, or any third party. 3.3 Release. Developer assumes full responsibility for the work to be performed hereunder, and releases, relinquishes and discharges City, its officers, agents, volunteers and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense therefore, for any injury to or death of any persons and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with, Developer's work to be performed hereunder. This release shall apply whether or not said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether or not said claims, demands, and causes of action were caused in whole or in part by the negligence of City, any other party released hereunder, Developer, or any third party. 3.4 Insurance. The Developer shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Developer or their contractors, agents, representatives, volunteers, or employees. Said insurance shall list College Station, its officers, agents, employees, and volunteers as Additional Insureds. See Exhibit "D" for required limits of liability insurance. Certificates of insurance evidencing the required insurance coverages on the most current form approved by the Texas Department of Insurance attached hereto as Exhibit "E". ARTICLE IV PROJECT AND CONSTRUCTION 4.1 Right to Inspect the Work. City may inspect the improvements for compliance with the Approved Plans during construction. In the event that it is determined by City that any of the work or materials furnished is not in strict accordance with the Approved Plans, City may Participation Agreement 4 withhold funds until the nonconforming work conforms to the Approved Plans or terminate this Agreement at City's election without any further liability. 4.2 Independent Contractor. Developer shall be solely responsible for selecting, supervising, and paying its subcontractors and for complying with all applicable laws, including, but not limited to all requirements concerning workers compensation and construction retainage. The parties agree all employees, volunteers, personnel and materials furnished or used by Developer in the installation of the specified improvements will be the responsibility of Developer and understand Developer will not be deemed employees or agents of City for any purpose. Nothing in this Agreement will establish a joint venture between the Developer and the City. 4.3 Payment for materials and labor. Developer shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, material men or suppliers of any type or nature whatsoever and insuring that no claims or liens of any type will be filed against any property owned by City arising out of or incidental to the performance of any service performed pursuant to this Agreement. In the event a statutory lien notice is sent to City, Developer shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold City harmless from any losses that may result from the filing or enforcement of any said lien notice. 4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the improvements, Developer shall provide City a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, material men, and subcontractors have been released, and that there are no claims pending of which Developer has been notified. Such affidavit shall be in a form as substantially set forth in Exhibit "F" which is attached hereto and incorporated by reference. 4.5 Requirements of Applicable rules remain. This Agreement does not alter, amend modify or replace any other requirements contained in the Code of Ordinances of the City of College Station, Texas, Unified Development Ordinance of the City of College Station, or other applicable law. ARTICLE V GUARANTEE OF PERFORMANCE AND PAYMENT 5.1 Bonding Requirements of Developer. When City participation is 30% or less of the total value of the Project, Developer will execute the Performance Bond in the form attached in Exhibit "G" to ensure construction of the Project. Developer will ensure its contractor performing the Project executes a payment bond to ensure payment to subcontractors, if any. The Performance Bond must be executed by a corporate surety according to Chapter 2253 of the Texas Government Code. The bonds must be in the total amount of the contract price as approved by City. a. Developer must provide the City a copy of the contractor's payment bond before work commences on the Project. Participation Agreement 5 5.2 Bonding Requirements of City. When City participation is greater than 30% of the total value of the Project or when the Project is located within the extraterritorial jurisdiction of the City, the City will ensure that the prime contractor of the Project executes to the City a performance bond and a payment bond as required by Chapter 2253 of the Texas Government Code. ARTICLE VI GENERAL PROVISIONS 6.1 Amendments. No amendment to this Agreement will be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 6.2 Choice of Law and Venue. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 6.3 Authority to enter into Agreement. Each party represents that it has the full power and authority to enter into and perform this Agreement. The person executing this Agreement on behalf of each parry 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 parry 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 parry. 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 3-1) DEVELOPMENT BY: Printed Name: ( i Title: Am iA Date: (� CITY O COLLEGE STATION B : Ci Manager Date: /Z— ' V ' A5 Participation Agreement Exhibit A Description of the Property Participation Agreement METES AND BOUNDS DESCRIPTION OF A 18.848 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 STEVENSONLEAGUE, ABSTRACT NO.54, COLLEGE STATION,BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 202.655 ACRE TRACT AS DESCRIBEDBY ADEED TO DOS DORADO DEVELOPMENT, LLC RECORDED IN VOLUME 9656, PAGE 213 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A %s INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF LOT 11, BLOCK 6, CASTLEGATE If SUBDIVISION, SECTION 200, ACCORDING TO THE PLAT RECORDED IN VOLUME 10392, PAGE 260 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE EAST CORNER OF LOT 22, BLOCK6, CASTLEGATE II SUBDIVISION, SECTION 202, ACCORDING TO THE PLAT RECORDED IN VOLUME 11061, PAGE 31 OF TILE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND BEING ON THE NORTHWEST LINE OF UPHOR DRIVE (50' R.O.W.) THENCE: ALONG THE COMMONLINE OF SAID REMAINDER OF 202.655 ACRETRACT AND SAID SECTION 200 FOR THE FOLLOWING CALLS: N 410 56' 29" E ALONG THE EXTENSION OF THE NORTHWEST LINE OF UPHOR DRIVE FOR A DISTANCE OF 105.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVINGA RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 03° 03' 3 VW — 35.36 FEET) TO THE END OF SAID CURVE; N 410 56' 29" E ACROSS THE RIGHT-OF-WAY OF HADLEIGH LANE (50' R_O.W.) FOR A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 86° 56 29" E — 35.36 FEET) TO THE END OF SAID CURVE; N 410 56 29" E ALONG THE EXTENSION OF THE NORTHWEST LINE OF UPHOR DRIVE FOR A DISTANCE OF 210.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 030 03' 31" W — 35.36 FEET) TO THE END OF SAID CURVE; N 410 56' 29" E ACROSS THE RIGHT-OF-WAY OF TODDINGTON LANE (50' RO.W.) FOR A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 86° 56' 29" E — 35.36 FEET) TO THE END OF SAID CURVE; N 41' 56' 29" E ALONG TIM EXTENSION OF 1HEE NORTHWEST LINE OF UPHOR DRIVE FOR A DISTANCE OF 81.17 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 03° 03' 31" W - 35.36 FEET) TO THE END OF SAID CURVE; N 480 03' 31" W ALONG THE EXTENSION OF THE SOUTHWEST LINE OF W. S. PHILLIPS PARKWAY (101' R.O.W.) FOR A DISTANCE OF 910.33 FEET TO THE PLATTED END OF W. S. PHILLIPS PARKWAY; THENCE. N 41° 56' 29" E ACROSS THE END OF W. S. PHILLIPS PARKWAY, AT 101.00 FEET PASS THE NORTHEAST LINE OF W. S. PHILLIPS PARKWAY, CONTINUE ONFORA TOTAL DISTANCE OF 151.00 FEET TO THE SOUTHWEST LINE OF CASTLEGATE SUBDIVISION, SECTION 7, PHASE 2, ACCORDING TO THE PLAT RECORDED IN VOLUME 8369, PAGE 131 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 48° 03' 31" E ALONG THE COMMON LINE OF SAID REMAINDER OF 202.655 ACRE TRACT AND CASTLEGATE SUBDIVISION, SECTION 7, PHASE 2, AND CASTLEGATE SUBDIVISION, SECTION 6, ACCORDING TO THE FLAT RECORDED IN VOLUME 7213, PAGE 40 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR ADISTANCE OF 1905.98 FEET TO TEE MOSTEASTERLY CORNER OF SAID REMAINDER OF 202.655 ACRE TRACT LYING WITHIN THE APPARENT RIGHT-OF-WAY OF GREENS PRARRIE ROAD (VARIABLE WIDTH R.O.W.); THENCE: S 410 55' 52" W THROUGH SAID APPARENTRIGHT-OF-WAY AND ALONG THE SOUTHEAST LINE OF SAID REMAINDER OF 202.655 ACRE TRACT FOR A DISTANCE OF 176.05 FEET; THENCE: N 480 03' 31" W CONTINUING THROUGH SAID APPARENT RIGHT-OF-WAY AND ALONG THE NORTIIEA.ST LINE OF COMMON AREA "B", ACCORDING TO AREPLAT OF CASTLEGATE 11 SUBDIVISION, SECTION 202. FOR A DISTANCE OF 111.18 FEET TO THE NORTH CORNER OF SAID COMMON AREA; THENCE: S 41° 56 29" W ALONG THE COMMONLINE OF SAIDREMAINDER OF 202.655 ACRE TRACTAND SAID COMMON AREA FOR A DISTANCE OF 562.60 FEET TO THE NORTHEAST LINE OF DALTON LANE (VARIABLE WIDTHR.O.W.); THENCE: ALONG TILE NORTHEAST LINE OF DALTON LANE FOR THE FOLLOWING CALLS: N 580 21' 35" W FOR A DISTANCE OF 33.62 FEET; N 480 03' 31" W FOR A DISTANCE OF 86.42 FEET; S 410 56 29" W FOR ADISTANCE OF 2.50 FEET; TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 03° 03' 31" W - 35.36 FEET) TO THE SOUTHEAST LINE OF TONBRIDGE DRIVE (50' R.O.W) THENCE: N 48° 03' 31" W ACROSS THE END OF TONBRIDGE DRIVE FORA DISTANCE OF 50.00 FEET TO THE NORTHWEST LANE OF TONBRIDGE DRIVE; THENCE: S 41 ° 56' 29" W ALONG THE NORTHWEST LINE OF TONBRIDGEDRIVEFORADLSTANCE OF 50.00 FEET TO THE EAST CORNER OF LOT 16, BLOCK 5, CASTLEGATE II SUBDIVISION, SECTION 202 (PLAT 1106U31); THENCE: N 48° 03' 31" W ALONG THE COMMONLINE OF SAIDREMAINDER OF 202.655 ACRE TRACTAND CASTLEGATE II SUBDIVISION, SECTION202,FORADISTANCE OF 665.00 TOTHEPOINTOFBEGINNING CONTAINING 18.848 ACRES OF LAND, MORE OF LESS. BEARING YS7 SHOWNHEREINIS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. II RAN•C,Ju; 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 October 18, 2013 Danielle Singh Graduate Civil Engineer City of College Station 1101 Texas Avenue College Station, TX 77840 Re: Request for Oversize Participation Expenditures Castlegate H Subdivision, Section 204 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 204 of the Castlegate H 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 1446 linear feet of 12" water line routed through Section 204. 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 $25,712. 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 $30,212. This figure is approximately 2$1/o of the overall water system cost and is 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. Attachments P.O. Box 11995 • College Station, Texas 77842 schultzeng inee d ngl Ic. com SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate H Subdivision, Section 204 Engineer's Estimate of Oversize Participation Cost - Summary October 16, 2013 Water System w/12" Lines $ 131,593 Water System w/8" Lines $ 105,881 Difference in Construction Cost $ 25,712 Performance and Payments Bonds and Fees $ 4,500 Overall Participation Estimate $ 30,212 '�"to-lPs-13 F-12327 SCHULTZ ENGINEERING, L-C: Page 1 of 3 SCHULTZ ENGINEERING, LLC. 2730 Lonamire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate II Subdivision, Section 204 Engineer's Estimate of Oversize Participation Cost October 16, 2013 Item Description UNt Estimated Unit Price I Total Water System w/12" Lin. Water Pipe w/tracer wise- S,=chad Back611, complete in place LF 1426 S 40.00 S 57,040.00 ile Iron Water Pipe w/trace, wire - Simctural BackElL complete in place LF 20 S 60.00 $ 1,200.00 o Existing 12" Water Line 112".6"M=J.T=,wMp1eeinpl. EA 2 S 1,000.00 S 2,000.00 M.J. Tee, complete in Plane, EA 1 S 900.00 S 800.00 rant Assembly (w/valve, vat. extension), complete In place EA 1 $ 3,500.00 S 3,500.00 .J. Tee, wmplete in place EA 2 S 600.00 S 1,200.00 7 12" MJ. Gate Valve, complete in place EA 4 S 1.850.00 S 7,400.00 8 12" x 45c M.J. Bend complete in place EA 10 $ 650.00 S 6,500.00 9 1" Wata Service, < 15 ft (avg length = 2 ft) (12" Line) EA 2 S 750.00 S 1,500.00 10 1" Wmer Smice, > 15 ft (avg length= 48 ft) (12" Live) EA 3 S 1,200.00 $ 3,600.00 11 1.5" Wma Sesvice, < 15 ft (avg length=2 ft) (12" Line) EA 3 § I,100.00 S 3,300.00 12 1.5" Water Smice,> 15 ft (avg length = 48 ft) (12" Live) EA 7 S 1,600,00 $ 11,200.00 13 4" Blowof£Assembly, wmplete in place EA I S 2,200.00 S 2,200.00 14 Waterline Testing LS I S 1,000.00 $ 1,000oo 15 6"C900 Wma Pipe w/iraccr wue- Shuctmal Backfill, wmptete in place LF 14 $ 28.00 S 392.00 16 6"C900 Water Pipe w/Mace, wire-Non-Shummal Backfily wmpime in place LF 607 S 23.00 S 13,961.00 17 Connect to Existing 6" Water Line EA 1 $ 1,000.00 S 1,000.00 18 Fire Hydrant Assembly (w/valve, vat. extension), wmpiek in place EA 1 S 3,500.00 $ 3.500.00 19 6"x 6" M.J. Tee, wmplem in place EA I S $00.00 S 500.00 20 6" M.J. Cate Valve, wmplete in place EA 1 S 1,000.00 S 1,000.00 21 1" Wma Setvim> 15 ft (avg length =48 ft) (6" Line) EA 2 s 1,000.00 S 2,000.00 22 1.5" Water Smice,< 15 ft(avg length =2 ft) (6"Line) EA 4 S 800.00 S 3,200.00 23 11.5" W eta Service,> 15 ft (avg length =48 ft) (6" Line) EA 3 S 1,200.00 S 3,600.00 Water System w/12"Lines $ 131593.00 Page 2 of 3 SCHULTZ ENGINEERING, I.I.C. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate II Subdivision, Section 204 Engineer's Estimate of Oversize Participation Cost October 16, 2013 Item Desorption Unit Este uanti Unit Price Total . Water System w/8" Lines ( 8" C900 Water Pipe w/tracer wite - Structural Backfill, complee in place LF 1 1426 $ 28.00 S 39,928.00 2 8" Ductile Iron Water Pipe w/tracer wire - Structural Backfill, complete in place LF 20 $ 40.00 S 800.00 3 Connect to Existing 12"Water Line EA 2 $ 1,000.00 S 2,000.00 4 8"x 8" M.J. Tee, complcte in place EA 1 S 550.00 S 550.00 5 F - Hydrant Assembly (w/valve, vat. extension), complete in place EA 1 S 3,500.00 S 3,500.00 6 8" x 6" M.I. Tee, complete in place EA 2 S 400.00 $ 900.00 7 8" M.J. Gaze Valve, complete in place EA 4 S 1,050.00 S 4,200.00 8 8"x45°M.l. Bend complete in place EA to S 350.00 S 3.500.00 9 1" Water $mice, < 15 ft (avg length =2 ft) (8" Lt..) EA 2 S 750.00 S 1,500.00 10 V Water Service, > 15 ft (avg length =48 ft) (8" Line) EA 3 S 750.00 $ 2,250.00 11 1.5" Water Smite, < 15 ft (avg length =2 ft) (8" Line) EA 3 S 1,100.00 S 3,300.00 12 1.5" Water Smice, > 15 it (avg length -48 ft) (8" Line) EA 7 S 1,600.00 $ 11,200.00 13 2" BlowoffAssembly, complete in place EA I S 2,200.00 S 2,200.00 14 lWateadne, Testing LS 1 $ 1,000.00 S 1,000.00 15 6" C900 Water Pipe Wtuseer wne- Structural Backfill, complete in place LF 14 S 28.00 S 392.00 16 6" C900 Water Pipe w/t wire- Nou-S4uctuml Backfill, cromplete in place LF 607 S 23.00 S 13,96L00 17 Coment to Existing 6" Water Lim EA I S 1.000.00 S 1,000.00 18 Fire Hydrant Assembly (w/valve, vent. extension), complee in place EA 1 S 3,500.00 S 3,500.00 19 6"x 6" MJ. Tee, complete in place EA 1 S 500.00 $ 500.00 20 6" M.J. one Valve, complete in place EA 1 S 1,000.00 S 1,000.00 21 V Wata Smice,> 15 it (avg length =48 ft) (6" Line) EA 2 S 1,000.00 S 2,000.00 22 1.5" Water Smim, c 15 ft (avg length =2 ft) (6" Line) EA 4 $ 800.00 S 3,200.00 23 LS" Water service, > 15 It(avg length =48 it) (6"Line) EA 3 $ 1,2011.00 S 3,600.00 Water System w/8"Linea $105,881 Page 3 of 3 Exhibit D Insurance Requirements Throughout the term of this Agreement, Developer (Contractor) must comply with the following: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation II. General Requirements Applicable to All Policies: A. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent B. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance -approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit "E'; and shall be approved by the City before work begins C. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per -occurrence basis only D. The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas E. The City will not accept "claims made" policies F. Coverage shall not be suspended, canceled, non -renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City III. Commercial General Liability A. General Liability insurance shall be written by a carrier rated "A:VIII" or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain C. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000.00. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance E. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Participation Agreement 11 IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier rated "ANIII" 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) () of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are Participation Agreement 12 contained or to impose stricter standards of documentation: "A. Definitions: Certificate of coverage (`certificate') — An original certificate of insurance, a certificate of authority to self -insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project (`subcontractors " in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. R 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. K 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. 1. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and Participation Agreement 14 (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) - (p), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. " Participation Agreement 15 Exhibit E Certificates of Insurance Participation Agreement 16 3DDEV-1 OP ID: CJ A�°ROV CERTIFICATE OF LIABILITY INSURANCE DAM 1/201vY 08/01/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Phone: 979-776-2626 CONTACT NAME: Ga la Zientek P. 0. Insurance BlCS Fax: 979-774-5372 P. O. Box 3889 Bryan, TX 77805 Grant Graham _ PHONE 979-774-6575 ac No: 979-774-5685 No EM: 's' nooRess: zientek@anco.com INSURERS AFFORDING COVERAGE NAIC M INSURER A: Mid -Continent Casualty CO. INSURED Dos Dorado Development LLC DBA INSURERS: Service Lloyds Ins Co. 3-D 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 INSURANCEADDL POLICYNUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERA LIABILITY CLAIMS -MADE 7XI OCCUR 04GL000879739 07/01/2013 07/01/2014 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 100,00 MED EXP(My one person) $ Exclude PERSONAL a AOV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE POLICY LIMIT APPLIES PER PRD- ; LOC PRODUCTS - COMPIOP AGO $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS 04CA002799047 08/01/2013 07/0112014 (Ea aBBINEDccoe 1SINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per aocitlent $ $ A X UMBRELLA LAB EXCESS LAB X OCCUR CLAIMS -MADE 04XS181746 07/01/2013 07/0112014 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DED I X I RETENTIONS 10000 $ B WORMERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIIE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below NIA SRZD2444013 07/01/2013 07/0112014 X WC STATU. OTH- E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEAEE-EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addifional 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 91988-2010 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 only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information 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 person 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 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. yy�� Countersigned by ;&AAA 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" forthat insured. 2. With respect to 1, above the following additional provisions apply: 4. Otherinsurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other insurance available to the insured unless the other insurance Is provided by a contractor other than the above named additional insured. We shalt 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 67 (06 08) Pagel of 1 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 II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to fablllty caused, in whole or in pan, by your performance of "yourwork" for that insured. 2. With respect to 1. above the following additional provisions apply: 4. Otherinsurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other insurance available to the insured unless the other insurance Is provided by a contractor other than the above named additional insured. We shall be considered as excess insurance of any other insurance provided by a contractor 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 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 ("Af aril), ("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: 712225S PERFORMANCE BOND FOR PARTICIPATION AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS & THAT WE, Dos Dorado Development dba 3D Development LLC , as Principal, hereinafter called "Developer" and the other subscriber hereto Developers Surety and Indemnity Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of One Hundred Thirty -One Thousand Five Hundred Ninety -Three and No/100's ($131 593 for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Developer and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: - WHEREAS, the Developer has on or about this day executed a Participation Agreement herein after called "Contract" in writing with the City of College Station for Oversize Waterline Participation Expenditures Castlegate II Subdivision Section 204 all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Developer shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Developer with the terms of the Contract, including the making of payments thereunder and, having fully considered it's Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Developer in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Developer in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Developer until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold any amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Developer and Surety will fully indemnify and save harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Developer under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Developer and Surety agree to pay to the City the actual amounts of attorney's fees incurred by the City in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference- However, all of the express provisions hereof shall be applicable whether or Participation Agreement not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Developer and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. FOR THE DEVELOPER: ATTEST, SEAL: (ifa corporation) WITNESS: (if not a corporation) By: Nai Tit] Dos Dorado Development dba 3D Development, LLC (Name of Developer) By: Nam Title Date: it! Iyj ! 1 -�) Date FOR THE SURETY: ATTESTIWITNESS (SEAL) By: �Gf�J6t� Name: Lisa Torres Title: Bond Admin Date: Qctober 29 2013 FOR THE CITY REVIEWED: —9 e1 VW City Attorney Developers Surety and Indemnity Company (Full Name of Surety) 105 Decker Court, Ste. 670 Title: Attorney -In -Fact Date: October 29, 2013 THE PERFORMANCE BOND IS ACCEPTED LF OF THE CITY OF COLLEGE ATION EXA City anager Participation Agreement Project No. PAYMENT BOND Bond Number: 712225S TEXAS STATUTORY PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE, Dos Dorado Development dba 3D Development LLC , as Principal, hereinafter called "Principal" and the other subscriber hereto Dpvpinnarc 0i rphr and Inriamnitu Carnoany , a corporation organized and existing under the laws of the State of Iowa I 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 Thirty -One Thousand, ($131 593 for payment Five Hundred Ninety -Three Dollars 1 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 24th day of January 1 2013 for Oversize Waterline Participation Expenditures Castlegate II Subdivision Section 204 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Council Approved— 02112103 Revised 09127104(a) ATTEST, SEAL- (if a corporation) WITNESS: Cif not a corporation) By: Title: e� s1 YKJtil Title: GiS_ c (Z(V ov) ATTEST/WITNESS (SEAL) By. d4 Name: Lisa Torres Title: Bond Admin Date: October 29, 2013 REVIEWED: &Q4Q City Attorney's Office Dos Dorado Development dba 3D Development LLC (Name of Contractor) M, Name: Title: Date: �7 Developers Surety and Indemnity Company (Full Name of Surety) 105 Decker Court, Ste. 670 Irving Texas 75062 (Address of Surety for Notice) cl- B: Y 6Kzx ame: John W. Schuler Title: Attorney -In -Fact Date: October 29, 2013 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: Council Approved— 02.112103 Revised 09127/04(a) POWER OF ATTORNEY FOR Bond Number: 712225S DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE. CA 92623 (9491263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND 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 true and lawful Aflomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and ail of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETYAND INDEMNITY COMPANY, effective as of January ist 2008, RESOLVED, that a combination of any two of the Chairman of the Board. the President. any Executive Vice-president. Senior Vice -President or Vice -President of the corporation be, and that each of them hereby is. authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attorney to execute, on behalf of the corporation, bonds. undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or cedl6cate 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. OCT. 16 1936 State of California County of Orange On May 23, 2013 before me. Gina L. Gamer Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Gregg N. Okura Name(s) of Signers) 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 heishelthey executed the same in his/herhheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of y, GINA L. GARNER which the persons) acted, executed the instrument. COMM. N 2021213 NOTARY PUBLIC CALIFORNIA 'st ORANGE COLWrY My comm. ex" 18, 2W7 Piece Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is we and correct. WITNESS my hand and official seal. Signature CERTIFICATE Gina L Gamer, Notary Public The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attomey are in force as of the date of this Certificate, This Certificate is executed in the City of Irvine, California, this 29th day of October, 2013 By: r� Mark J. Landon, Assistant Secretary ID-1438(Rev.05/13) PERFORMANCE BOND FOR PARTICIPATION AGREEMENT THE STATE OF TEXAS § THE COUNTY OF BRAZOS § Bond Number: 712225S KNOW ALL MEN BY THESE PRESENTS: 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 Thirty -One Thousand Five Hundred Ninety -Three and No/100's ($131593 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 Castlepate If Subdivision Section 204 all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Developer shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Developer with the terms of the Contract, including the making of payments thereunder and, having fully considered it's Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Developer in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Developer in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Developer until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold any amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Developer and Surety will fully indemnify and save harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Developer under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Developer and Surety agree to pay to the City the actual amounts of attorney's fees incurred by the City in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or Participation Agreement not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Developer and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. FOR THE DEVELOPER: ATTEST, SEAL: (if a corporation) WITNESS: (if not a corporation) Dos Dorado Development dba 3D Development, LLC (Name of Developer) By:� By: Name:bmQ„/.U,.� .l' �� Nam n Title: f 5E;lSyw 1 V1 �� itA b 616Y_SiAlY Title Date: 4_I I /I-�13 1 `-'1 (� Date FOR THE SURETY: ATTESTIWIITT/N\NESS (SEAL) By: (....�!/J/i(� Name: Lisa Torres Title: Bond Admin Date: October 29 2013 FOR THE CITY REVIEWED: City Attorney Developers Surety and Indemnity Company (Full Name of Surety) 105 Decker Court, Ste. 670 (Address of Surety for M. Title: Attorney -In -Fact Date: October 29, 2013 THE PERFORMANCE BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager Participation Agreement Project No. PAYMENT BOND Bond Number: 712225S TEXAS STATUTORY PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE, Dos Dorado Development dba 3D Development LLC , as Principal, hereinafter called "Principal" and the other subscriber hereto I]PvPlnnere Surety and Inrlamnity C'mmpam_i, 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 frrnly bound to the City of College Station, a municipalcorporation, co oration, in the Sum of One Hundred Thirty -One Thousand,($131 593 for payment Five Hundred Ninety -Three Dollars 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 24th day of _ January 2013 for Oversize Waterline Participation Expenditures Castleoate II Subdivision Section 204 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Council Approved— 02112103 Revised 09127104(a) ATTEST, SEAL: (if a corporation) WITNESS: (if not a corporation) By:�C� L� Name: lie- S Title: [AS I i0 k G ATTEST/WITNESS (SEAL) Dos Dorado Development dba 3D Development LLC (Name of Contractor) IS Name: Title: Date: l t i Developers Surety and Indemnity Company (Full Name of Surety) _/may/�/i By: �Iz 105 Decker Court, Ste. 670 Irving, Texas 75062 Name: Lisa Torres (Address of Surety for Notice) Title: Bond Admin Date: October 29, 2013 REVIEWED: City Attorney's Office : BY zlf�ame: John W. Schuler Title: Attorney -In -Fact Date: October 29, 2013 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: Council Approved— 02112103 Revised 0927104(a) POWER OF ATTORNEY FOR Bond Number: 712225S DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE. CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND 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 We and lawful Ahorney(s)-in-Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surely, bonds, undertakings and contracts of suretyship giving and granting unto said Atlorney(s)timFact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation. and all of the acts of said A6orney(s)-in-Facl, 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 SURETYAND INDEMNITY COMPANY. effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board. the President, any Executive Vim -President. Senior Vice -President or Vice -President of the corporation be, and that each of them hereby is. authorized to execute this Power of Attorney, qualifying the aflomey(s) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power ofAttomey: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this May 23, 2013. OCT. 10 1936 Stale of California County of Orange On May 23, 2013 before me, Gina I. Gamer. Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Daniel Young and Gregg N. Okura Narri of Signers) GINA L. GARNER p 2021213 `z NOTARY PUBLIC CAUFORNLA t ORANOE O0W1 Y j My convn, expires rimy 18, 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the penomi whose name(s) islare subscribed tc the within instrument and acknowledged to me that helshelthey executed the same in his/herltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is we and correct. WITNESS my hand and official seal. /��� yI `��/• ` CERTIFICATE Gina L Gamer, Notary Public The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California. this 29th day of October, 2013 By _!~ Mark J. Landon, Assistant Secretary 0-1438fRev.05113) October 18, 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 204 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 204 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 1446 linear feet of 12" water line routed through Section 204. 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 $25,712. 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 $30,212. This figure is approximately 2$0/a of the overall water system cost and is 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. ��'A P� w5K--- Joe ScWtP.E. Civil gineer/Manager Attachments P.O. Box 11995 • College Station, Texas 77842 schultzeng ineedngllc.com SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate H Subdivision, Section 204 Engineer's Estimate of Oversize Participation Cost - Summary October 16, 2013 Water System w/12" Lines $ 131,593 Water System w/8" Lines $ 105,881 Difference in Construction Cost $ 25,712 Performance and Payments Bonds and Fees $ 4,500 Overall Participation Estimate $ 30,212 .-, ,_.10-16-13 F:12327 SCHULTZ ENGINEERING; LU1 Page 1 of 3 SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate 11 Subdivision, Section 204 Engineer's Estimate of Oversize Participation Cost October 16, 2013 Item Description Urit Estimated uand Uwt Price Total Water System Wit" Lines I 12" C900 Water Pipe w/trace, wive- Stmctuml Backfill, complete in place LF 1426 $ 40.00 S 57,040.00 2 12" Ductile Iron Water Pipe w/tracer one Structural Backfill, complete in place LF 20 S 60.00 S 1,200.00 3 Cromer to Existing(2"Ware, Line EA 2 S 1,000.00 S 2,000.00 4 12"x 12" M.J. Tee, complete in place EA 1 S 800.00 S 800.00 5 Fete Hydrmt Assembly (w/valve, vert. extension), complete in place EA 1 S 3,500.00 S 3,500.00 6 12" x 6" M.f. Tee, complete in place EA 2 $ 600.00 S 1,200.00 7 12" M.J. Gaze Valve, complete in place EA 4 S 1,850.00 $ 7,400.00 8 12" x 45" M.J. Bend, complete in place EA 10 $ 650.00 S 6,500.00 9 1" Water Service, < 15 ft (avg length= 2 ft) (12" Line) EA 2 S 750.00 S I,500.00 10 1" Water Service, > 15 ft (avg length= 48 ft) (12" Line) EA 3 $ 1,200.00 $ 3,600.00 Il 1.5"Wat Smicq<15ft(avglength=2ft)(12"Line) EA 3 S 1,100.00 $ 3,300.00 12 LS"blazer Service,>ISft(avg length=48 it)(12"Line) EA 7 S I,600.00 $ 1I,200.00 13 4" BlowoffAssembly, complete in place EA 1 S 2,200.00 S 2,200.00 14 Waze,line Testing LS 1 $ 1,000.00 $ 1,000.00 15 6" C900 Water Pipe w/tarter wire- Structural BackEll, complete —place LF 14 S 28.00 $ 392.00 16 6" C900 Water Pipe w/tracer wire -Nov -Stun" Backfrq complete in place LF 607 S 23.00 S I3,961.00 17 Cornett to Existing 6" Water Line EA 1 S 1,000.00 $ 1,000.00 18 Fine Hydrant Assembly (W/valve, vert extension), complete in place EA 1 $ 3'500.00 E 3,500.00 19 6"x 6" M.f. Tee, complete in place EA I S 500.00 S 500.00 20 6" M.J. Gate Valve, complete in place EA 1 S 1,000.00 S 1,000.00 21 I" Water Service,> 15 ft(avg length =48 ft) (6" Line) EA 2 S 1,000.00 S 2,000.00 22 1 1.5" Ware, Service, < 15 ft (mg length = 2 ft) (6" Line) EA 4 S 800.00 S 3,200.00 23 1.5" Water Service, > 15 a (avg length =48 ft) (6" Line) EA 3 S 1,200.00 S 3,600.00 Water Syakm w/12"Lin" S 131,593.00 Page 2 of 3 SCHULTZ ENGINEERING, I.I.C. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate II Subdivision, Section 204 Engineer's Estimate of Oversize Participation Cost October 16,2013 Item Description Unit EAunatM uanti Unit Price Total Water System w/8" Linn 1 8"C900 Water Pipe w/fmcer wire- Snactual Backfill, complete in place LF 1426 S 28.00 S 39,928.00 2 8" Ductile Iron Water Pipe w/tracer wine- Srucnaal Backfiff, complete in place LF 20 S 40.00 $ 800.00 3 Connect to Existing 12" Water Line EA 2 S 1,000.00 S 2,000.00 4 8"x 8" M.J. Tee, complete in place EA 1 E 550.00 $ 550.00 5 F m Hydmnt Assembly (w/valve, vert. extension), complete in place EA 1 S 3,500.00 S 3,500.00 6 8" x 6" M.J. Tee, complete in place EA 2 $ 400.00 S 800.00 7 8" M.J. Gate Valve, complete in place EA 4 S 1.050.00 $ 4,200.00 8 8" x 45° MJ. Bend, complete in place EA 10 S 350.00 S 3,500.00 9 1" Water Service, < 15 It (avg length =2 ft) (8" Line) EA 2 $ 750.00 S 1,500.00 10 1"Water Service,>15 ft(avg length=49 ft) (8"Live) EA 3 S 750.00 S 2,250.00 11 1.5" Water Smice, < 15 ft (avg length=2 ft) (8" Line) EA 3 S 1,100.00 $ 3,300.00 12 1.5°Water Service,>15 R(avg lrnglh=48 ft)(8"Line) EA 7 S 1.600.00 S 11,200.00 13 2" BlowoffAssembly, complete in place EA 1 S 2.200.00 S 14 Watrnane Testing LS 1 S 1,000.00 S q 15 6" C900 Water Pipe w/tnt=wire-Stmctu-9 Backfa, complete in place LF 14 E 29.00 $ 16 6" C900 Water Pipe w/ante t wire - Non -Structural Baclzffil, complete in place LF 607 S 23.00 S 13,961.00 17 Connect to Existing 6" Water Line EA 1 S 1,000.00 S 1,000.00 18 Fire Hydrmt Assembly (w/valve, vert. extension), complete in place EA 1 S 3,500.00 S 3,500.00 19 6"x 6" M.J. Tee, complete in place EA 1 S $00.00 S 500.00 20 6" M.1 Gate Valve, complete in place EA 1 § 1,000.00 S 1,000,00 21 1" Water Smice, > 15 ft (avg length= 48 ft) (6" Line) EA 2 $ 1,000.00 S 2,000.00 22 1.5" Water Service, < 15 it (avg length= 2 ft) (6" Line) EA 4 S 800.00 $ 3,200.00 23 1.5"Water Service,>I5 ft(avg length =48 ft)(6"Line) EA 3 S 1,200.00 S 3,600.00 Water System w/8°Linea $105,881 Page 3 of 3 METES AND BOUNDS DESCRIPTION OF A 18.845 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 THEROBERT STEVENSONLEAGUE, ABSTRACT NO.54, COLLEGE STATION,BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 202.655 ACRE TRACT AS DESCRIBED BY ADEED TO DOS DORADO DEVELOPMENT, LLC RECORDED IN VOLUME 9656, PAGE 213 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A Y2 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF LOT 11, BLOCK 6, CASTLEGATE II SUBDIVISION, SECTION 200, ACCORDING TO THE PLAT RECORDED IN VOLUME 10392, PAGE 260 OF THE OFFICIAL PUBLIC RECORDS OFBRAZOS COUNTY, TEXAS, AND THE EAST CORNEROF LOT 22, BLOCK6, CASTLEGATE II SUBDIVISION, SECTION 202, ACCORDING TO THE PLAT RECORDED IN VOLUME 11061, PAGE 31 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND BEING ON THE NORTHWEST LINE OF UPHOR DRIVE (50' RO.W.) THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 202.655 ACRE TRACT AND SAID SECTION 200 FOR THE FOLLOWING CALLS: N 410 56' 29" E ALONG THE EXTENSION OF THE NORTHWEST LINE OF UPHOR DRIVE FOR A DISTANCE OF 105.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 03' 03' 31" W - 35.36 FEET) TO THE END OF SAID CURVE; N 41" 56 29" E ACROSS THE RIGHT-OF-WAY OF HADLEIGHLANE (5V PLOW.) FOR A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING ARADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 86" 56 29" E - 35.36 FEET) TO THE END OF SAID CURVE; N 410 56' 29" E ALONG THE EXTENSION OF THE NORTHWEST LINE OF UPHOR DRIVE FOR A DISTANCE OF 210.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 03" 03' 31" W - 35.36 FEET) TO THE END OF SAID CURVE; N 41" 56 29" E ACROSS THE RIGHT-OF-WAY OF TODDINGTON LANE (50' RO.W.) FOR A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 86° 56' 29" E - 35.36 FEET) TO THE END OF SAID CURVE; N 41" 56 29" E ALONG THE EXTENSION OF THE NORTHWEST LINE OF UPHOR DRIVE FOR A DISTANCE OF 81.17 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 03" 03' 31" W - 35.36 FEET) TO THE END OF SAID CURVE; N 48° 03' 31" W ALONG THE EXTENSION OF THE SOUTHWEST LINE OF W. S. PHUIPS PARKWAY (101' R.O.W.) FOR A DISTANCE OF 910,33 FEET TO THE PLATTED END OF W. S. PHILLIPS PARKWAY; TMNCE: N 41' 56 29" E ACROSS THE END OF W. S. PHILLIPS PARKWAY, AT 101.00 FEET PASS THE NORTHEAST LINE OF W. S. PHILLIPS PARKWAY, CONTINUE ON FORA TOTAL DISTANCE OF 151.00 FEET TO THE SOUTHWEST LINE OF CASTLEGATE SUBDIVISION, SECTION 7, PHASE 2, ACCORDING TO THE PLAT RECORDED IN VOLUME 8369, PAGE 131 OF THE OFFICIA PUBLICRECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 48" 03' 31" E ALONG THE COMMONLTNE OF SAID REMAINDER OF 202.655 ACRE TRACT AND CASTLEGATE SUBDIVISION, SECTION 7, PHASE 2, AND CASTLEGATE SUBDIVISION, SECTION 6, ACCORDING TO THE MAT RECORDED IN VOLUME 7213, PAGE 40 OF THE OFFICIALPUBLICRECORDS OF BRAZOS COUNTY, TEXAS, FOR ADISTANCE OF 1905.98 FEET TO THEMOSTEASTERLYCORNEROF SAID REMAINDER OF 202.655 ACRE TRACT LYING WITH NTHEAPPARENTRIGHT-OF-WAY OF GREENSPRAMIE ROAD (VARIABLE WIDTHR.O.W.); THENCE: S 41" 55' 52" W THROUGH SAIDAPPARENT RIGHT-OF-WAY AND ALONG THE SOUTHEASTLINE OF SAID REMAINDER OF 202.655 ACRE TRACT FOR A DISTANCE OF 176.05 FEET, THENCE: N 48" 03' 31" W CONTINUING THROUGH SAID APPARENT RIGHT-OF-WAY AND ALONG THE NORTHEAST LINE OF COMMON AREA "B", ACCORDINGTO AREPLAT OF CASTLEGATE II SUBDIVISION, SECTION 202. FORA DISTANCE OF 111.18 FEET TO THE NORTH CORNER OF SAID COMMON AREA; THENCE: S 41"56 29" W ALONG THE COMMONLINE OF SAID REMAINDER OF 202.655 ACRE TRACTAND SAID COMMON AREA FOR A DISTANCE OF 562.60 FEET TO THE NORTHEAST LINE OF DALTON LANE (VARIABLE WIDTH R.O.W.); THENCE: ALONG THE NORTHEAST LINE OF DALTON LANE FOR THE FOLLOWING CALLS N 58" 21' 35" W FOR A DISTANCE OF 33.62 FEET; N 48° 03' 31" W FOR A DISTANCE OF 86.42 FEET; S 410 56 29" W FORADISTANCE OF 2.50 FEET; TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 03" 03' 31" W - 35.36 FEET) TO THE SOUTHEAST LINE OF TONBRIDGE DRIVE (5V R.O.W.) THENCE: N 48° 03' 31" W ACROSS THE END OF TONBRIDGE DRIVE FOR ADISTANCE OF 50.00 FEET TO THE NORTHWEST L M OF TONBRIDGE DRIVE; TIIENCE: S41°56'29"WALONGTHENORTHWESTLINEOFTONBRMMDRIVEFORADISTANCEOF50.00 FEET TO THE EAST CORNER OF LOT 16, BLOCK 5, CASTLEGATE II SUBDIVISION, SECTION 202 (PLAT 11061/31); THENCE: N 48° 03' 31" W ALONG THE COMMONLINE OF SAID REMAINDER OF 201655 ACRE TRACTAND CASTLEGATEIISUBDIVISION, SECTION 202,FORADLSTANCEOF665.00 TOTHEPOIPTOFBEGINNIlVG CONTAINING 18.848 ACRES OF LAND, MORE OF LESS. BEARING YS7 SHOWNHEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. II BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYORNo.4502 DJWORK/MAB/CGII-204.MAB BRAD KF .... -%-'b • 4502 OVERSIZE PARTICIPATION REQUEST OP REQUEST # (* 0 r "" CITY OF COLLEGE STATION Planning and Development Services Project Name: Castlegate H Section 204 Subdivision_ Castlegate II Section 204 Developer: Dos Dorado Development, L.L.C. d/b/a 3-D Development Engineer/ Firm: Schultz Engineering L.L.C. Project Description: Upsize 1446 LF water line through Castlegate Il Section 204 Total Cost Estimate: $ 136,093.00 City Contribution Requested: Water: $30,212.00 (22%) Construction Schedule: Spring 2014 Comments: Upsize water line from 8-inch to 12-inch P/DS Engineer Signature/ Date / 0 College Station Utilities Engineer Approval: _ Division Manager Approval: Director Approval: Comments: FUNDING: Water Capital Improvement Project Fund Available: Current Request: Remaining Amount Available: $ 81,444.00 $ 30,212.00 $ 51,233.00 Finance Funding Source: WATER CAPITAL IMPROVEMENT PROJECT FUND Approval (Signature & Date): Note: Attach location map and engineer's estimate. 1 of I OVERSIZE PARTICIPATION REQUEST OP REQUEST # CITY OF COLLEGE STATION Planning and Development Services Project Name: Castlegate II Section 204 Subdivision_ Castlegate II Section 204 Developer: Dos Dorado Development, L.L.C. d/b/a 3-D Development Engineer/ Firm: Schultz Engineering L.L.C. Project Description: Upsize 1446 LF water line through Castlegate If Section 204 Total Cost Estimate: $ 136,093.00 City Contribution Requested: Water: $30,212.00 (22%) Construction Schedule: Spring 2014 Comments: Upsize water line from 8-inch to 12-inch P/DS Engineer Signature/ Date 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 $ 30,212.00 Funding Source: WATER CAPITAL IMPROVEMENT PROJECT FUND Approval (Signature & Date): Note: Attach location map and engineer's estimate. " 11 1 of 1 SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate II Subdivision, Section 204 Engineer's Estimate of Oversize Participation Cost - Summary October 16, 2013 Water System w/12" Lines $ 131,593 Water System w/8" Lines $ 105,881 Difference in Construction Cost $ 25,712 Performance and Payments Bonds and Fees $ 4,500 Overall Participation Estimate $ 30,212 T,r . aww„� 10-16-13 I F-12327 SCHULTZ ENGINEERING, U.C; Page 1 of 3 SCHULTZ ENGINEERING, I.I.C. 2730 Longmire Drive, Suite A College Station, Texas 77845 Firm No.12327 Castlegate 11 Subdivision, Section 204 Engineer's Estimate of Oversize Participation Cost October 16, 2013 Item Description Uvit Estimated Unit Pdce Total Water Syeem w/12" Linea 1 12"C900 Wata Pipe w/tmca wire- Strudmal Backfdl, completein place bF 1426 S 4000 S 57,040.00 2 12" Ductile Iron Wala Pipe w/tracer wire - Soo tuml Be kEll, wmplete m place LF 20 S 60.00 S 1,200.00 3 Cormwt to Existing 12" We, Line EA 2 S 1,000.00 S 2.00000 4 12"x 12" M.J. Tee, complete in place EA I $ 800.00 S 800.00 5 F = Hydaat Assembly (w/valve, vent. extension), complete in place EA 1 S 3,500.00 S 3,500.00 6 12" x 6" M.J. Tee, complete in place EA 2 S 6D0.00 S 1,200.D0 7 12" NU. Gate Valve, wmplete iv place EA 4 $ 1,850.00 S 7,400.00 8 12"x45° M.J. Bend complete in place EA to $ 650.00 S 6,500,00 9 1" Wata Service, < 15 ft (avg length= 2 ft) (12" Line) EA 2 S 750.00 S 1,500.00 10 1" Water Service, > 15 ft (avg length=48 ft) (l2" Live) EA 3 S 1,200.00 S 3,600.00 11 1.5'WetaSmicq<15ft(av91en9th=2ft)(12"Line) EA 3 S 1,100.00 S 3,300.00 12 1.5"Water Service,>15 ft(avg length=48 ft)(12"Line) EA 7 S 1,600.00 S 11,200.00 13 4" BlowoffAssembly, complete in piece EA 1 S 2,200.00 S 2,200.00 14 Wmahve Testing LS 1 S 1.000.00 S 1,000.00 15 6"C900 Water Pipe w/tmca wim- Stmctace Bwkfff, complete in place LF 14 S 26.00 S 392.00 16 6"C900 We=Pipe w/iewe-Nv-Shucal Backa complete n place LF 607 S S 13,96100 17 Connect to Exstivg 6"Wea Line EA 1 S I,00.00 S I,000.00 18 Fire Hydrant Assembly (w/valve, vest, extension), wmplete in place EA 1 S 3,500.00 S 3,500.00 19 6"x 6" M.J. Tea, complete in place EA 1 $ 500.00 $ 500.00 20 6" M.J. Gate Valve, wmplete In place EA 1 § 1,000.00 S 1,000.00 21 P' Water Sevice,> is ft (avg length = 48 ft) (6" Line) EA 2 S 1,000.00 S 2,000.00 22 1.5" Water Service, < 15 ft(avg length=2 ft) (6" Line) EA 4 $ 800.00 S 3,200.00 23 1.5" Wata Smice,> 15 0 (avg length= 48 ft) (6" Line) EA 3 S 1,200.00 § 3,600.00 Water Syatemw/12"Liver $ 131,593.00 Page 2 of 3 SCHULTZ ENGINEERING, LLC. 2730 Longmire Drive, Suite A College Station, Texas 77846 Firm No.12327 Castlegate 11 Subdivision, Section 204 Engineer's Estimate of Oversize Participation Cost October 16, 2013 Item Description Unit Estimated naafi Unit Price Total Water System w/$" Lines l 8"C900 Water Pipe w/tracer wve- Structural Backfill, complete in place LF 1426 S 28.00 539,928.00 2 8" Ductile hon Water Pipe w/toter wire- Structural Bacl6ZoompleI place LF 20 S 40.00 $ 800.00 3 Connect to Existing 12"Water Line EA 2 $ I,000.00 $ 2,000.00 4 8"x 8" M.J. Tee, complete in place EA I $ 550.00 S 550.00 5 Fire Hydrant Assembly (w/valve, nett. extension), complete in place EA I S 3.500.00 s 3,500.00 6 8" x 6" M.J. Tee, wmplete m place EA 2 S 400.00 $ 800.00 7 8" M.J. Gate Valve, complete in place EA 4 S 1,050.00 S 4,200.00 8 8" x 45° M.J. Brnd complde te place EA 10 $ 350M S 3,500.00 9 I" Water Smite, < 15 ft (avg length = 2 ft) (8" Line) EA 2 S 750.00 S 1,500.00 10 I" Water Smicq> IS ft (avg IrngW =48 ft) (8" Live) EA 3 S 750.00 S 2,250.00 11 1.5" Water Service, < 15 ft (avg length=2 ft) (8" Line) EA 3 S 1,100,00 S 3,300.00 12 1.5" Waza Service,> 15 ft (avg length= 48 ft) (8" Line) EA 7 S 1,600.00 S 11,200.00 13 2" BlowuffAssrntbly, complde m place EA I S 2,200.00 S 2,200.00 14 Waterline Toting LS 1 s 1,000.00 S 1,000.00 15 6"C900 Water Pipe w/encerwhe- Structural Backfill, complete in place LF 14 S 28.00 S 392.00 16 6"C900 Water Pipe w/tracer wilt -Nov -Structural Backfill, complete is place LF 607 S 23.00 $ 13,961.00 17 Connect to Existing 6"Water Line EA I $ 1,000.00 S 1,000.00 18 F¢c Hydrant Assembly (w/valve, vM extension), complde in place EA 1 $ 3,500.00 S 3,500M 19 6N 6" M.J. Tee, complete m place EA 1 S 500,00 S 500.00 20 6" M.J. Gate Valve, complde in place EA I S 1.000.00 $ 1,000.00 21 VWaterSmice, 115 ft(avg length =48 ft) (6"Line) EA 2 S 1,000.00 $ 2,000M 22 1-5" Water Service, < 15 ft (avg length = 2 ft) (6" Line) EA 4 $ 800.00 S 3.200.00 23 LS" Water Smke,> 15 ft (avg length = 48 ft) (6" Line) EA 3 S 1,200.00 IS 3,600.00 Water System w/8"Linn $105,881 Page 3 of 3 MANAGER'S CERTIFICATE I, the undersigned, President/Manager/Member of DOS DORADO DEVELOPMENT, LLC, a Texas limited liability company (the "Company"), d/b/a 3-D DEVELOPMENT do hereby certify that: (i) that the Company is duly organized and existing under the laws of the State of Texas and is authorized to do business in the State of Texas; that all Ranchise and other taxes required to maintain its company existence have been paid when due and that no such taxes are delinquent; that no proceedings are pending for the forfeiture of its Certificate of Organization or for its dissolution, voluntarily or involuntarily; that it is fiilly qualified and in good standing to do business in all jurisdictions in which the nature of its business requires it to be qualified; that there is no provision of the Articles of Organization or Regulations of the Company limiting the power of the Members to pass the Resolutions set forth below; and (ii), that on the LffLday of /✓oyembcr , 2011, by written consent of the President/Manager/Member of the Company, the following resolutions were unanimously adopted and recorded in the minutes of the books of said Company kept by the Company and are in accord with and pursuant to the Articles of Organization and Limited Liability Company Agreement of the Company and are now in full force and effect, to -wit RESOLVED, that WALLACE PHILLIPS, IV, CANDACE PHILLIPS, WALLACE PHILLIPS, III and VICKI HILLERT, acting individually, be, and are hereby authorized, empowered, and directed to execute, acknowledge, and deliver on behalf of the Company, such contracts, assignments, affidavits, deeds, deeds of trust, financing statements, security agreements, and other instruments, containing any terms and conditions that they may, in their sole discretion, deem necessary or desirable in connection with all property now owned or hereafter acquired by the Company, located in Brazos County, Texas; and the attestation by the Secretary of the Company and the affixation of the seal of the Company shall not be necessary; RESOLVED FURTHER, that the President/Manager/Member of the Company is directed to certify the Minutes of this meeting and the contents of these resolutions and to deliver such certification in support of the authority of the above agent to act on behalf of the Company. I further certify that the following are the duly elected and incumbent manager, officers and agents of the Company and that the true and correct signatures of the individuals authorized to act on behalf of the Company are as set forth beside his or her name: PRINT NAME TITLE SIGNATURE WALLACE PHILLIPS, TV President/Manager CANDACE PHILLIPS Agent WALLACE PHILLIPS, III Agent(I�iCa//���n—/� VICKI HILLERT Agent Ukj" sty . , kl' IN WITNESS WHEREOF, I have hereunto subscribed my hand on this the 31'-�day.f ,may #-u-tlm Leek, / 2011. wap" jw�" y Kvt WALLACE PHILLIPS, IV, President/ Manager/Member of DOS DORADO DEVELOPMENT, LLC, a Texas limited liability company. d/b/a 3-1) DEVELOPMENT THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on this the 3A-AldayoflLo-�-'n44e"' 2011, by WALLACE PHILLIPS, IV, President/Manager/Member of DOS DORADO DEVELOPMENT, LLC, a Texas limited liability company, d/b/a 3-D DEVELOPMENT, on behalf of said company. '9 Notary Public, State o exas A A- �Akl qNj5G10NEfi1.EY STONE a, * 4,2012 ....... ....... Y4 -10 ), wr It V441 r-T-,T mi-