Loading...
HomeMy WebLinkAboutRouting Sheet and ContractContract No.: 10 -087 Project No.: Project Name: SONOMA SUBDIVISION PHASE 3 PROJECT - WATERLINE OVERSIZE PARTICIPATION Name of Contractor: acs DEVELOPMENT COMPANY Contract Description: CITY PARTICIPATION AGREEMENT — Construction of 24 inch water line for larger City System for a 1,577 linear feet section pion William D. Fitch Parkway CRC Approval Date (if required): i r ekr . S Council Approval Date (if required): DECEMBER 10, 2009 Agenda Item No.: CONSENT ITEM #2c Finance Review Required: Insurance Certificates: Performance Bond:. Payment Bond:. Department Representative /Extension (person reviewing, please initial ifafprowed) Comments: This matter was presented to Council on 12 -10 -2009 and approved by Ordinance No. 3218 (a copy of which i5 attached). By Ordinance 3218, the City Council approves the contract with BCS Development Company obligating the City to pay a maximum of $147,614.50 out of a total estimated amount of $896,254.00 for the labor, materials, and equipment required for the improvements related to the Sonoma Subdivision, Phase 3 project. The funding for this contract shall be as budgeted from the Water Capital Improvement Project. 6 dektfritU WbeY ' CITY SECR ARY GO Revised 912008 ROUTING SHEET CONTRACTS & OTHER AGREEMENTS (These Documents Require Council Approval) MAYOR CITY t.j NAGER (2 1Q ‘4444 LEGAL + EPA y MENT 1 ►� r j ASE? %if A Araui VW • DEP ' TM DIRECTOR/ ADMINISTERING CONTRACT DIRECTOR NANCIAL OFFIC For Office Use Only . __Originals sent to Flscal on L d _LCo tiles sent to Legal on Scanned into Laserfiche on ; / i i 1 C) 02 _a6 - /0 DATE . ( /b DATE l DATE 0744//e ATE --1i -ID DATE 4 1(0 t DATE ORDINANCE NO, 3218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY AND BCS DEVELOPMENT COMPANY FOR THE DEVELOPMENT OF THE SONOMA SUBDIVISION, PHASE 3 PROJECT AND AUTHORIZING THE EXPENDI- TURE OF FUNDS. WHEREAS, BCS Development Company is a developer developing the Sonoma Subdivision, Phase 3 Project; and WHEREAS, as part of said development, the construction of certain public infrastructure is required; and WHEREAS, pursuant to Section 212.071 et seq. Texas Local Government Code the City of College Station and the developer have agreed to jointly participate in the construction of certain public infrastructure to wit: the Sonoma Subdivision, Phase 3 Project ("Project") as further set forth in a Participation Agreement ; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds it to be in the best interests of its citizens to enter into that one certain Participation Agreement with BCS Development Company for the construction of the Sonoma Subdivision, Phase 3 Project. A copy of said Participation Agreement is attached as Exhibit "A" and incorporated herein by reference. PART 2: That the City Council hereby approves the contract with BCS Development Company obligating the CITY to pay a maximum of $147,614.50 out of a total estimated amount of $896,254 for the labor, materials and equipment required for the improvements related to the Sonoma Subdivision, Phase 3 Project. PART 3: That the funding for this Contract shall be as budgeted from the Water Capital Improvement Projects Fund, in the amount of $147,614.50. PART 4: That this ordinance shall take effect immediately from and after its passage. ADOPTED this 10 day of December, A.D. 2009. ATTEST: APPROVED: City Attorney APPROVED: MAYOR CITY PARTICIPATION AGREEMENT This Agreement is entered into this day of , 200_, by and between the City of College Station, a Texas home rule municipal corporation (hereinafter "CITY"), and BCS Development Company, a Texas corporation (hereinafter "DEVELOPER"). WHEREAS, DEVELOPER is developing property within the City of College Station, more particularly described as Sonoma Subdivision, Phase 3, 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 scheme 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 section 212.071 et seq and Chapter 252 Texas Local Government Code; NOW, THEREFORE, for and in consideration of the recitations above and the promises and covenants herein expressed, the parties hereby agree as follows: 1. 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 Development Services Department, the City Engineer. 1 \ Ordinance \ Sontima 19! 3 OP1To Council \ Sonoma P1-! 3 Waterline Oversize Participation Request \OP Contraetdocx 1 1/30/20092:22:03 PM 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. 1.3 DEVELOPER means BCS Development Company, a Texas corporation whose principal office is located at 4090 State Hwy 6 South, 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 rnaterialmen 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 Ibr the Project, all reports have been submitted and reporting requirements have been met, and DEVELOPER has fully pertbrmed 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 CITY OF COLLEGE STATION UNIFIED DEVELOPMENT ORDINANCE. 1.7 Property means Sonoma Subdivision, Phase 3, College Station, Brazos County, Texas and as further described in Exhibit A attached hereto and incorporated herein made a part hereof. 1.8 Project means the construction of the water improvements as detailed in Exhibit B attached hereto and incorporated herein by reference. CITY COST PARTICIATION 2.1 Agree to Participate. CITY agrees to cost participate in the Project in the maximum amount estimated as set forth in Exhibit C, which is attached hereto and incorporated herein by reference. 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 but in no event shall exceed the maximum amount estimated in Exhibit C. 2.2 Public Bidding. The total estimated cost of the Project is as set forth in Exhibit C. If CITY's cost participation exceeds 30% or 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 Texas Local Government Code, as amended. If CITY participation exceeds 30% of the total cost of the Project, CITY shall he responsible for 2 11:i0rdinance;Sonoma PH 3 OP \ To Council\ Sonorna P11 3 Waterline Oversize Parricilmtion Request'OP Contnict, doex 11/30/20092 ;22 J',13 PM 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. If CITY's cost participation is 30% or less of the total cost of the Project and is located within the boundaries of the CITY, the Project need not be competitively bid. 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 thr 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: CITY; (1) Final Completion of the Project in accordance with the Approved Plans; (2) issuance of all Letters of Completion relating to the Project; (3) DEVELOPER's compliance with all CITY Codes, Ordinances and standards relating to the Project, the Property and its subdivision and development; (4) dedication of the land for the right-of-way either by plat or by deed relating to the Project; (5) a current title report as of the date of such land dedication and updated within sixty (60) days of the date of this Agreement; (6) lien releases or subordinations from all lenders as required by ( Proof that all guarantees of pertbrmance and payment as set forth in this Agreement have been met, including all bond requirements when applicable; and (8) 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 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 alter 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, cancelled checks, copies of 3 1.00ntlinance \Sonoma P11 3 orvro Council \Sonoma P113 Waterline ()Nersiztt Participation Requost,OP Contmerrlocx1 1/30/20092:22:03 PM 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 Exhibit B and C of this Agreement. The submission of these reports and information shall be the responsibility of DEVELOPER and shall be certified by DEVELOPER's Licensed Professional Engineer at DEVELOPER's expense and signed by an authorized official of the entity. GOVERNMENTAL IMMUNITY, INDEMNIFICATION AND RELEASE CITY is a political subdivision of the state and enjoys governmental immunity. 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. DEVELOPER agrees to and shall indemnify, hold harmless, and defend CITY and its officers, agents, 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 tinder 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, or the DEVELOPER. DEVELOPER shall indemnify and hold CITY harmless from any claims of suppliers or subcontractors of DEVELOPER for improvements constructed or caused to be constructed by DEVELOPER. DEVELOPER shall indemnify and hold CITY harmless from any and all injuries to or claims of adjacent property developers resulting front or relating to their performance tinder this Agreement. DEVELOPER assumes full responsibility for the work to be performed hereunder, and releases, relinquishes and discharges CITY, its officers, agents 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 or 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, or DEVELOPER. 4 11:\OrdintineelSonoma P11 3 OP \To C'ouncilSonoma P113 Waterline Oversize Participation RequestNOP Coolract.doexl I/30 I'M IV. PROJECT AND CONSTRUCTION 4.1 Right to Inspect the Work. CITY may inspect the improvements for compliance with the Approved Plans during construction. In the event that it is determined by CITY that any of the work or materials furnished is not in strict accordance with the Approved Plans, CITY may withhold funds until the nonconforming work conforms to the Approved Plans or terminate this Agreeinent at CITY's election without any further liability. 4.2 Independent Contractor. DEVELOPER shall be solely responsible for selecting, supervising, and paying the construction contractor(s) or subcontractors and for complying with all applicable laws, including but not limited to all requirements concerning workers compensation and construction retainage. The parties to this Agreement agree and understand that all employees, volunteers, personnel and materials furnished or used by DEVELOPER in the installation of the specified improvements shall he the responsibility of DEVELOPER and shall not be deemed employees or agents of CITY for any purpose. 4.3 Payment for materials and labor. DEVELOPER shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, materialrnen and/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, materialrnen, 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 cis substantially set forth in Exhibit D 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, Unified Development Code, or other applicable law. 5 31; \Ordinance\Sonoma P11 3 OP \To CounciliSonorna P11 3 Wrocrline Oversi7c Participation Request \OP Contractdocx1 I 430/20092:22:03 PM V. GUARANTEE OF PERFORMANCE AND PAY ENT 5.1 Bonding Requirements of Developer. Where CITY participation is30%or|ou of the total value of the Project, DEVELOPER shall execute a performance bond to o�u of Project and shall ensure that its contractor performing cuuorc coo uuoun ng s u � the Project executes a payment bond to ensure payment to subcontractors, if any. The bonds must be executed by a corporate surety in accordance with CHAPTER 2253, TEXAS GOVERNMENT CODE. The bonds shall be in the total amount of the contract price as approved by CITY. 5.2 Bonding Requirements of City. Where CITY parti is greater than 30% of the total value of the P jcuiurwbou(beyroiou1iu located within the extraterritorial jurisdiction of the CITY, the CITY shall ensure that the prime contractor of the Project exccute to the CITY a performance bond andlor a payment bond as may bc required pursuant to chapter 2253 Texas Government Code. VI. GENERAL PROVISIONS 6.1 Amendments. No amendment to this Agreement shall he effective and hinding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 6.2 Choice of Iaw and Venue. This Agreement has been made under and shall be govemed by the laws of the Stute of Texas, 'Performance and all rnatters related thereto sh&l hc in Brazos County, Texas, United States ofArnerica. 6.3 Authority to enter into Agreement. Each party represents that it has the full power and authority to enter into and perform this Agrccrnent. The person executing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The person executing this Agreement on behalf of DEVELOPER represents that he or she is authorized to sign on hehalf of DEVELOPER and agrees to provide proof ofsuch authorization to the CITY upon request. 6.4 Agreement read. The parties acknowledgc that they have read, understand and intend to be bound by the terms and conditions or this Agreement. 6.5 Notice. All notices and documents required herein shall be sent and provided to the parties at the addresses and telephone numbcrs listed helow: BCS DEVELOPMENT COMPANY RANDY FRENCH - PRESIDENT 4090 STATE HWY 6 SOUTH COLLEGE STATION, TX 77845 City of College Station City Engineer P.0. Box 996W College Station, TX 77842 6 o: \O^*"m=m"="=mx3ornuo Sonoma p*3 Waterline Oversize Participation x=w"st\or c"°trauaoc,//ao/200v :22:03 PM All notices and documents shall be deemed received when mailed with sufficient postage and deposited in a regular mailbox of the United States Post Office. The parties may change addresses upon thirty (30) days' written notice sent certified mail, return receipt requested. 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 available to it. Executed this �te ay of Jt ,, , 200 D . List of Exhibits: A A description of the Property B A description of the Project er's estimate of the costs of the Project D Affid. it of All Bills Paid form BCS BY: COM'ANY Printed Name: Title: f)gJI With copies to: City Attorney and City Manager 1101 Texas Avenue College Station, TX 77842 CITY OF COLLEGE STATION ATTEST: Mayor City Secretary 7 U: \Ordinance \Sonoma PH 3 OP \To Council \Sonoma PH 3 Waterline Oversize Participation Request \OP Contractdocx11 /30/20092:22:03 PM THE STATE OF TEXAS COUNTY OF BRAZOS • o� ^..�.., EDNA S. ALFORD • Notary Public, State of Texas • .,`, August 14, 2013 My Commission Expires APPROVED: CL 2 2 Z/D City anager ACKNOWLEDGMENT 8 U3Ordinance \Sonoma PH 3 OP \To Council \Sonoma PH 3 Waterline Oversize Participation Request \OP Contract.docxl1 /30/20092:22:03 PM Before me, the undersigned authority, on this day personally appeared RANDY FRENCH as PRESIDENT of BCS DEVELOPMENT COMPANY, a Texas limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. 1 IQ ,, Given under my hand and seal of office on this the�J day of to J ,,,,, tc 200 _q. the State of Texas THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT 8tn Be re e, the undersigned authority, on this day personally appeared /,{ i as Mayor of the City of College Station, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Notary in and for the State of Texas Given under my hand and seal of office on this the day .f 20V O. 9 U: \Ordinance \Sonoma PH 3 OP \To Council \Sonoma PH 3 Waterline Oversize Participation Request \OP Contract.docxl1 /30/20092:22:03 PM 91155 l r x0 29 x 000 lifilltWItt 1(x tt mu um (tut tutittt!!! � r latZ` )iiii 111111111 tut tit Atttm } 1 1 1 i C b x 1 1 1 i 1 i 9 1 1 R d } S 1 K i 1 1 C 4 1 a 1111111191e9121 A 1 1 1 1 l 1 ) ) R 1 1 2I 1 i r i lil 'P i1t i � jg! i i € I #! i[ ! ) CCCC # l1 ! €I , f ;(r :r 1 � NA c1 F ;� t i 1 11:1 ►fir 'p f � (1 I � `!! i 21 l 11 44.14:r, ) 1 li i I f 1= t o 414 g rlr` tZ ! `r ri , if tom r 1r 1 #. l� L. [ €l t om 9 "Y s a aaa .a • : sa!l 13 r± ;ji I� "Ir #jr �lE r ar gn r !l al e$ tir jrre }Ceaot a # a x . " ! i i i 1 11jti(rali[Y; :I1�ii }ill`f Sr i.M�t�i t 4 Ra a r [ lr • €il i 1 }rt- • t C! K rattr,a. t aK # j {: }! t a 4 ra I rI Ir.} ,913.;1 if( gli r„ r ! i ( rrrnrrr i i %! 114, i it iiCa• tit!!! €! ►f fi k l;i 1 , 1 ; Ci i C € i ; ► = }1 ier al i ii • . t'C!i i C q i t aril [ !; l :m g ! € I Y l .r 13 Cil'��dII3 I [ t. .G)t[ t t itltrfl i }l l l i = t lr 1 ;< } tt r 141 [ .;,rt ti1tt le [r 1i12,:Kr tj C(: #t# !�; :...11 ' } . ; r } {�( ! x 1 � ;!� .! t r ! r ; 1 !1 l a 5i 11►rc! t Ll Ili [ Ilii ',pi, f € f , €tit € €i ; 1� { € l, [( r ; tt J ,1 r! .g I ` p .. r,rii. l it!! r x I} r rr: r 1 r r Y: r r 5 lit IAl 9! !i 7 FX01 b 1=1' 1- Srte ' of 1 Item No. SONOMA SUBDIVISION OFFSITE 24" WATER LINE ESTIMATE FOR OVERSIZE PARTICIPATION 2.00 MISCELLANEOUS 2.01 Silt Fence 2,02 Hydro Seeding with Fiber Mulch Description 1.00 WATER LINE IMPROVEMENTS 1.01 Mobilization and Starmwater Pollution Prevention Plan (inoludes installation and maintenance of erosion control structures throughout the entire project) 1.02 24" ANSI/AW WA C151/A21.5; CL 200 DIP Wuter Line (includes Installation, testing, and clean -up) 1.03 36" Steel Encasement (3/8" thick), Str. Backflil 1.04 24" Butterfly Valve 1.05 24 "x45 deg Bend 1,06 24 "x11.25 deg Bend 1.07 6" Blow-off Assembly 1.08 Connect to Existing Water Line. 3.00 BONDING 3.01 :Performance Bond (1% of construction cost) Prepared by: 7 rii. . L' I 4 .berts.7 . M• lure : Bro • Engineering/Surveying, Inc. November 23, 2009 MBESI NO, 10530005 Estimated Quantity 1.00 LS $3,500.00 1,577 LF $85.00 56 LF 1 EA 4 EA 2 EA 1,557 LF $3.00 2,595 SY $0.75 Subtotal Item 2.00: Estimated Estimated Total Unit Cost Cost $250.00 $6,000.00 $2,025.00 $2,025.00 1 EA $3,000.00 1 EA $1,000,00 Subtotal Item 1.00: 1 EA $8,647.50 Subtotal Item 2.00: PROJECT COST: The above construction estimate is based on the engineer's opinion of probable construction costs, This estimate constitutes our best judgment at this time. Please note that the engineer does not have any control over contractor or supplier workloads and the degree to which Inflation may affect projeot costs between now and the bid dale. During design and construction, additional features may become apparent as the work progresses, which will result In an increase or decrease in cost. $3,500.00 $134,045.00 $14,000.00 $6,000.00 $8,100.00 $4,050.00 $3,000.00 $1,000.00 $173,695.00 $4,671.00 $1,946.25 $6,617.25 $8 $8,647.50 $188,959.75 V.)(141: C Sheet' 11. November 23, 2009 Mr. Josh Norton P.E. Assistant >✓1ty Engineer City of College Station Post Office Box 9960 College Station, Texas 77842 Re: Sonoma Subdivision, Phase 3 — Oversize Participation Request Dear Josh: McCLURE & BROWNE ENGINEERING /SURVEYING, INC, 1008 Woodcreek Dr., Suite 103 College Station, Tx. 77845 . (979) 8933838 Engineer Reg. No. F-458 1314 10th Street, Suite 210 • Huntsville, Tx. 77320. (936) 294 -9749 Survey Reg. No. 101033-00 On behalf of the owner, BCS Development Co., I wish to request Oversize Participation by the City of College Station for costs associated with the development 'of Sonoma Subdivision, Phase 3. The City's Master Utility Plan shows a 24" water line to be extended along the east side of William D. Fitch Parkway. This letter is to request oversize participation from the City for the cost difference between the 24" water line and an 8" water line which would normally be required for this development. Accompanying this letter are two exhibits. Exhibit A is a copy of the output file from a KYPIPE computer model of the Sonoma Subdivision including .an 8" water line (Pipe No. 19) along William D. Fitch Parkway to serve Lot 1, Block 9. This model shows that the lowest pressure in the system with the 8" Is 64 psi under fire flow conditions (hydrant located (g Lot 1, Block 9). This exceeds the minimum pressure of 20 psi required by TCEQ. This proves that the system performs adequately with the 8" line. Exhibit B Is a series of estimates that shows the cost differential between the 24" and the 8" water tine. That difference is $147,614.50, This number Is value of the oversize participation the owner is requesting from the City. Additionally, the following items are attached as required for the oversize participation request: If you need additional informatlon, please contact me at your convenience. Sincerely, e L R I - Preside xc: Mr. Randy French, BCS Development Co. attachments • Copy of Corporate Resolution • Copy of Preliminary Plat • Copy of Title Policy son, P.E. t - Engineering F,11063 - Randy Franch10016 - Sonoma Phase 31Docs10P request1COCS - Norton0l - OP Request.doc ��C►�i bit G - sheet 2a- 11 McCLURE & BROWNE ENGINEERING /SURVEYING, INC. 1008 Woodcrsek Dr., Suite 103 College Station, Tx. 77846 • (979) 8933838 Engineer Reg. No. F-456 1314 10th Street, Suite 210 • Huntsville, Tx, 77320 (938) 2949749 Survey Reg. No, 10'1033-00 EXHIBIT A F:11063 - Randy French10016 - Sonoma Phase 3floca\OP requeshCOCS - Nortonol - OP Requestdoo �thi bit C - Street 3 of 1t Dole de Time: Mon Nov 23 I2:02 :36 2009 FIRE FLOWS w/ -8" Water Line Along William D. Fitch Pkwy. K Y P I P E 4 • • * • * . . . Pipe Network Modeling Software Copyrighted by KYPIPE LLC Version 4 April 2008 . .4 . . • r . . • 4 . . . . . 4 . . . . . . . . INPUT DATA FILENAME C: \KYPIPE \ Sonoma \8- In- flr,DT2 TABULATED OUTPUT FILENAME C: \KYPIPE \Sonoma \8- in- flr.0T2 POSTPROCESSOR RESULTS FILENAME - -- 0: \KYPIPE \ Sonoma \8- in- fIr.RS2 I..• .1.•41.4.4 .......4.......14.040. .......... S U M M A R Y O F O R I G I N A L D A T A ..4.1 ...........4 .144.444 ........... U N I T S S P E C I F I E D FLOWRATE gollons /minute HEAD (HGL) = !eel PRESSURE 44 pslg a P I P E L I N E D A T A STATUS CODE: XX - CLOSED PIPE CV -CHECK VALVE P 1 P E NODE NAMES LENGTH DIAMETER ROUGHNESS MINOR NAME #1 #2 (n) (In) COEFF. LOSS COEFF. P -1 J -19 J -1 827.77 18.00 130.0000 1.21 P -2 J -3 - J -2 316.70 8.00 140.0000 0.57 P -3 .I 3 J -4 341.31 8.00 140.0000 0.17 P -4 J -4 J -6 310,21 8.00 140.0000 0.17 P -5 J -5 J -17 320.89 6.00 140.0000 0,17 P -6 J -5 J -8 426.00 6,00 140.0000 1,44 P -7 J -6 .1-13 306.52 8,00 140.0000 0,17 P -8 3-7 3-9 170.45 8,00 140.0000 0.00 P -9 J -7 J -8 518.43 6.00 140.0000 14.30 P -10 3-8 3-6 274.88 6,00 140.0000 0.57 P -11 J -9 .1-5 197.72 8.00 140.0000 0,00 P -12 J -9 J -10 176,73 8.00 140.0000 0.00 P -13 J -11 .1-7 384,71 8.00 140,0000 0.17 P - 14 J - 11 3 324.67 3.00 140,0000 0,17 1'-15 3-13 3T11 544.82 8,00 140.0000 1.44 P -16 3-13 3-15 219.27 8.00 140.0000 I.44 P -17 3 -15 .1-14 43.33 8.00 140.0000 0.00 P -18 3-15 3-16 450.00 3.00 140.0000 0.17 P -18 3 -10 J -18 1577.00 8.00 140.0000 0.00 P -20 3-1 3-3 229.45 8.00 140.0000 0.57 P -21 3-17 3-4 661.82 6.00 140.0000 1.84 P -22 .1 -19 3-10 1199.46 24.00 130.0000 14.00 P -23 VP -2 3-19 43.47 18.00 130.0000 0,00 P U M P / L O S S E L E M E N T D A T A THERE IS A DEVICE AT NODE VP -2 DESCRIBED BY THE FOLLOWING DATA; (1044 1) HEAD FLOWRATE EFFICIENCY (It) (9Pm) ( 189,23 0,00 75.00 184.62 1350.00 75.00 172.57 2700.00 75.00 fXhiloitG litedek 4d 11. N O D E D A T A O U T P U T O P T I O N D A T A OUTPUT SELECTION: ALL RESULTS ARE INCLUDED IN THE TABULATED OUTPUT MAXIMUM AND MINIMUM PRESSURES 5 MAXIMUM AND MINIMUM VELOCITIES - 5 MAXIMUM AND MINIMUM HEAD LOSS /1000 5 S Y S T E M C O N F I G U R A T I O N NUMBER OF PIPES NUMBER OF END NODES NUMBER OF PRIMARY LOOPS P (I) (1) R - 19 4 NUMBER OF SUPPLY NODES (1 NUMBER OF SUPPLY ZONES z = 1 Case: 0 NODE NODE EXTERNAL JUNCTION EXTERNAL NAME TITLE DEMAND ELEVATION GRADE (9Pm) (fl) (0) 3-1 1 .50 327.00 J -2 10.50 328.00 J -3 18,00 309.00 J -4 30.75 319.00 J -5 19.50 328.00 3-8 15.75 315.00 J -7 21,00 316.00 J -8 24.75 321.00 3-9 4.50 320.00 3 -10 0.00 319.00 J -11 29.25 307.00 J-12 9.00 303.00 J -13 23.25 312.00 J -14 0.00 309.00 J -15 8.00 309.00 3-18 8.00 305.00 J -17 27.75 333.00 J-18 1510.00 319.00 J -19 0.00 0.00 VP - 2 - - -- 340.00 340,00 RESULTS OBTAINED AFTER 8 TRIALS: ACCURACY 0,00000 S I M U L A T I O N D E S C R I P •T I O N ( L A B E L ) P I P E L I N E R E S U L T S STATUS CODE: XX - CLOSED PIPE CV -CHECK VALVE P I P E NODE NUMBER FLOWRATE HEAD MINOR UNE HL +ML/ HL/ 5 A M E 11 #2 (DPm) ( ) S (fl) LOS( 1000 1000 ll /8VELO. fl /) (0 /1l) P -1 J -19 1-1 198,70 0.01 0.00 0.25 0.02 0.02 P -2 J -3 .1-2 10.50 0.00 0.00 0.07 0,00 0.00 P -3 J -3 J -4 188.70 0.20 0.00 1.08 0.80 0.59 P-4 J -4 3-8 101.86 0.07 0.00 0.65 0.24 0.23 P -5 3 -17 .1-5 3.34 0.00 0,00 0.09 0.01 0.01 P -6 J -5 .1-8 1.59 0.00 0,00 0.02 0.00 0.00 P -7 3-8 3-13 57.18 0.02 0.00 0.36 0.08 0.08 P -8 J-9 3-7 31.55 0.00 0.00 0.20 0.03 0,03 P -9 1-8 J -7 5.77 0.00 0.00 0.07 0.01 0.00 P -10 J -6 3 -8 28.92 0.03 0.00 0.33 0.09 0.09 P-11 J -9 J -5 1175 0.00 0.00 0.08 0.00 0.00 0 . r getleet 6 of �1 P-12 J-10 J -9 40.80 0.01 0.00 0.31 0.06 0.06 P -13 3-7 J -11 16.32 0.00 0.00 0.10 0.01 0.01 P -14 3-11 3-12 9.00 0,10 0.00 0.41 0.31 0.31 P -15 3-13 3 -1'1 21.93 0,01 0.00 0.14 0.01 0.01 P -16 J -13 J -15 12.00 0.00 0.00 0.08 0.01 0.00 P -17 3-15 .1-14 0.00 0.00 0.00 0.00 0,00 0.00 P-18 3-15 .1-18 6.00 0,07 0.00 0.27 0.15 0.15 P -19 3 -10 3-16 1510.00 53.87 0.00 9.84 34.16 34.16 P -20 3-1 3-3 197.20 0.18 0.01 1,26 0.85 0.79 P -21 3 -4 J -17 36100 - 0.09 '0;00 0,'41 "0,1'4 ' 0;f4 P -22 3-19 3-10 1558,80 0.24 0.27 1.11 0.42 0.20 P -23 VP -2 3-19 1757.50 0.04 0.00 2.22 1.00 1.00 PUMP/LOSS ELEMENT RESULTS INLET OUTLET PUMP EFFIC- USEFUL INC REMTL TOTAL IPUMPS #PUMPS NPSH NAME FLOWRATE HEAD HEAD HEAD ENCY POWER COST COST PARALLEL SERIES Avail. (ft) (It) (n) (s) (HP) ($) ($) (It) 33.2 (9pD1) VP -2 1757.50 0.00 181.71 181,7 NODE RESULTS NODE NODE EXTERNAL HYDRAULIC NODE PRESSURE NODE NAME TITLE DEMAND GRADE ELEVATION HEAD PRESSURE (9Pm) (f1) (ft) (ft) (Pei) J -I 1.50 521.65 327.00 194.65 84.35 3-2 10.50 521,45 328.00 193.45 83.83 3-3 18.00 521.45 309.00 212.45 92.06 J -4 30.75 521.25 319.00 202.25 87.84 3-5 19.50 521,15 328.00 195.15 84.57 3-6 15,75 521.18 315.00 206.18 89.34 3-7 21.00 521.15 316.00 205.15 88.90 3-8 24.75 521.15 321.00 200.15 86.73 J -9 4.50 521,15 320.00 201.15 07.17 3-10 0.00 521.16 319.00 202.16 87.60 3-11 29.25 521.14 307.00 214.14 92.60 3 -12 9,00 521.04 303.00 218.04 94.49 J-13 23.25 521.15 312.00 209.15 90.83 3-14 0.00 521,15 309.00 212,15 91,93 3-15 8.00 521.15 309.00 212.15 91.93 3-16 6,00 521.09 305.00 218.09 93.64 J- 17 27.75 521.15 333.00 188.15 81.53 J -18 1510.00 467.29 • 319.00 140,29 64.26 E. LOW PRESSURE 3 -19 0.00 521.66 VP -2 - - -- 521.71 340.00 181.71 78.74 M A X I M U M A N D M I N I M U M V A L U E S PRESSURES JUNCTION MAXIMUM JUNCTION MINIMUM NUMBER PRESSURES NUMBER PRESSURES (Pal) (P 3-12 94.49 .1-18 64.26 3-16 93.64 VP -2 78.74 3 -11 92.80 J -17 81.53 J -3 02.06 J -2 83.83 J -14 91.03 3-1 84.35 V E L 0 C 1 T I E S PIPE MAXIMUM PIPE MINIMUM NUMBER VELOCITY NUMBER VELOCITY (11/3) (f 1 /e) P -19 9.64 P -8 0.02 P -23 2.22 P -9 0.07 P -20 1.26 P -2 0.07 ExVubi�' C • Shee,t a of 1.1 P -22 1.11 P -16 0.08 P -3 1.08 P -11 0.08 H L+ M L / 1 d 0 0 PIPE MAXIMUM PIPE MINIMUM NUMBER HL +ML /1000 NUMBER H1.+ML /1000 (ft /fl) (ft /It) P -19 .. - 34.16 • ... "... P=-6 .. 0'.00 P -23 1.00 P -2 0.00 P -20 0.85 P -1t 0.00 P -3 0.60 P -16 0.01 P -22 0.42 P -9 0.01 H L / 1 0 0 0 PIPE MAXIMUM PIPE MINIMUM NUMBER HL /1000 NUMBER HL /1000 (11 /f1) P -19 34.18 P -6 0.00 P -23 1.00 P -2 0.00 P -20 0,79 P -16 0.00 P -3 0,59 P -9 0.00 P -14 0.31 P -11 0,00 S U M M A R Y O F INFLOWS AND OUTFLOWS (+) INFLOWS INTO THE SYSTEM FROM SUPPLY NODES OUTFLOWS FROM THE SYSTEM INTO SUPPLY NODES NODE FLOWRATE NODE NAME (gpm) TITLE VP -2 1757.50 NET SYSTEM INFLOW = 1757.50 NET SYSTEM OUTFLOW = 0.00 NET SYSTEM DEMAND 1757.50 • ;•'• HYDRAULIC ANALYSIS COMPLETED "'•' Xhi to it G - 5herk 1 of -1 McCLURE & BROWNE ENGINEERING /SURVEYING, INC. / • 1008 Woodcreek Dr., Suite 103 • College Station, Tx. 77845 • (979) 893 -3836 Engineer Reg. No, F-468 J 1314101h Sheet, Sulte 210 • Huntsville, Tx. 77320 (938)294-9749 Survey Reg. No. 10103340 EXHIBIT B F:\1053 - Randy Frenehl001S - Sonoma Phase 3U)oca OP requaslCOC3 - Nortan01 - 0P Requeatdoa 2 Earthwork fo r Street Construction ( +1- 5,280 CY Bxcavalion Embankment) (item Includes topsoil stripping and replacement in ROW and easements) L.S. 1 31,000.00 $31,000 3 6' Limo Stebl7bed Subgrade (6% by weight) S.Y. 11,395 • r $45,580 4 b "Crushed Lhnestone 13M0 S.Y. 7,495 9.01 567,455 5 8 " Crushed Limestone Base RV, 1,009 12,00 512,108 6 2" HMAC Surface Course Including mho coat) S.Y. 8,504 9.5 r 580,788 7 Concrete Curb and Gutter (all types) L.F. ' 5 ,353 10. $ 556,207 8 6" Reinforced Concrete Pavement S.Y. 3 40.00 513,760 $12,264 9 4" Reinforced Concrete Sidewalk S.F. 10,566 4.00 10 6' PVC Conduit LP -100 12.00 51,200 11 Colored Sidewalk Ramps BACH 8 Paving 750.00 Subtotal 36 000 $356,362 6,000.00 26 24' ANSUAWWA C151/A21.5, CL 200 DIP Water Line (Non -Str. Backfill) 24 14 /4 pi pi pi .-3 a 1,577 85.00 $134,045 27 8 ". PVC, C909 CI 200, Water Lino, Non -Str. Backfill 744 _ 14.00 $10416 28 8" PVC, C909 C1200, Water Line, Str, Backfill 880 35.00 $30,800 29 6" PVC, C909 CI 200, Water Line, Non -Str, Baokilil 478 18.00 58,604 30 6' PVC, C909 C1200, Water Una, Ste. Backfill 68 25,00 51,700 30 4" PVC, C909 CI 200, Wotor Lino, Non -Str. Backfill 641 14.00 58,974 31 36" Steal Casing (includes spacers and structural bnoktill) L.P. 60 250.00 $ 15,000 32 Piro Hydrant Assembly BACH 3 3,150,00 59,450 33 24"x45 deg Band EACH 4 2,025.00 $8,100 34 24 "xl1,25deg Bend EACH 2 2,025.00 $4,050 35 24." Butterfly Valve BACH 1 6,000.00 56,000 36 6" Blow -otl' Volvo BACH 1 3,000,00 53,000 37 8'x8' M.J. Teo BACH 2 450.00 5900 38 8'x6" M.J. Tee BACH 2 450.00 5900 39 8"14.3. Oalo Valve BACH BACH 6 9 900.00 175.00 55,400 $1, 40 8 "x24' M.3, Anchor Coupling 41 8"x45 deg, Bend EACH 18 400.00 57,200 42 8 "x4" Reducer BACH 1 350.00 5350 43 6 "x4 "Reducer BACH 1 350.00 5350 �xhi G - Sheet $ of ,1 Description 1 Hall 1 Qem6ty 1 HaltPrice Ilea 8 1 • •plearin$ and Grubbing I B" RCP Pipe, (ASTM C-76, CL ID) (Structural Backfill) 18' HDPB Pipe, (ADS, N -12 or approved equal whvntcr -tight joints) 24" RCP Pipe, (ASTM C-76, C. III) (Structural Backfill) 24" HDPB Pipe, (ADS, N -12 or approved equal whvater -tight joints) 30" HDPB Plpe, (ADS N -12 or approved equal w /water -tight joints 48' RCP Pipo (ASTM 476 CL III) (Structural Baokfill) 18' HDPB 4:1 Sloped Headwall 30' RCP 4;1 Sloped Headwall 48' RCP 4:1 Sloped Headwall Consbnct Top of Existing Inlet Standard 10' Recessed Inlet Standard 5' Recessed Inlet Standard Junction Box Rock Rip -Rap Channel Lining, on Filter Fabric L.P. L.F. L.F. L.F. L.F. L.P. BACH BACH BACH BACH EACH BACH BACH S.Y. 82 116 292 25 •41 213 1 1 6 4 2 5 1 117 53.00 38.00 60.00 40.00 50.00 175,00 1,000.00 1,500.00 1,800,00 750.00 3,250,00 2,750.00 2,500.00 75.00 Drainage System Subtotal 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SONOMA, PHASE 3 8 SIPROD0110530015 Engineer's Estimate of Construction Costs November 23, 2009 Site Preparation Paving Construction Drainage System Construction Water System Construction 1 oft 7,3 2,000.00 Site Preparation Subtotal Total $14,600 514,600 54,346 S4 408 517,520 51,000 52,050 537,275 51,000 51,500 *10,800 $3,000 $6,500 $13,750 $2,500 58,775 $114 424 name Description Uatt Quantity UnitPrice Total 44 6"M ) We Valve EACH 2 800.00 31,600 4 5 6 4 5 4 . deg EACH -. 4 • 350.00 • . . $1 ;400 46 6 "a24' M.l, Anchor Coupling BACH 2 250.00 3500 47 4"x45 dog Bend EACH 5 150.00 3750 48 4"xl 1.25 dog Band BACH 2 150.00 3300 49 2" Blow Off Valve Assembly BACH 3 950.00 32,850 50 Connect to Ex. Water Line . EACH 4 500.00 $2,000 51 Water Service, 1.5" type K Copper, short side (<20') Water Service, 1" typo K Copper, short aide ( <20') EACH EACH 16 6 800.00 550.00 $12,800 $3,300 52 53 Water Service, 1.5" type K Capper, long aido (> 20) EACH 17 1,600.00 327,200 54 Water Service, 1' type KCopper, long side (>201 BACH 4 1,400.00 $5,600 Water System Subtotal 3315,114 55 6" PVC, D-3034 S131126 L.P. 965 7.00 56,755 56 Str. Baoid111(8'.10' Depth) L.F, 391 33.00 312,903 57 NonStr. Backfil(5'.S' Depth) ' L.P. 500 14.25 $7,125 58 Non•Str. Backbit (8' -10' Depth) 1..F. 74 1625 $1,203 59 Standard 4' Diem. Manhole, 0.6 ft, deep BACH 5 2,000,00 $10,000 60 Standard 5' Dlam. Manhole, 0.6 ft, deep BACH 1 2,500.00 52,500 61 Connect to Bx. Sewer Line EACH 2 750.00 31,500 62 Extra Depth (> 6'), 4' Diem. Manhole V.P. 10 275.00 32,750 63 Extra Depth (> 61, S' Diam. Manholo V.P. 7 300.00 $2,100 64 Short Side 4' Sower Service `20') EACH .5 400.00 32,000 65 Long Side 4" Sewer Service (>20') BACH 10 1,200.00 $12 38,250 66 Extend Existing Sewer Service BACH 11 750.00 67 Trench Safety (sewer) L.P. 965 1.00 3965 Sower System Subtotal $70 68 Erosion Control Plan & Sedimentation Control (per Item 106) (includes mon record keeping, grass seeding, and cleanup) LS. i 5,000.00 $5,000 69 StltPence (Typo 1) L.F. 150 3.00 3450 70 Sllt Ponce ('type 2) L.F. 1,141 5.00 $5,705 71 Silt Fence (Type 3) L.F. 3,333 3.00 89,999 72 inlet Protection L.F. ' 10 250.00 82,500 73 Headwall Protection L.F. 1 250.00 3250 74 Bntmnce/Exlt L.P. l 1,800.00 $1,800 Exk oi C - 511e ' of J 1 SONOMA, PHASE 3 • IIE MSI PRODS: 10530015 Engineer's Estimate of Construction Costs November 23, 2009 Sewer Sy stem Construction Erosion Control Construction The above construction estimate Is based on Iho engineer's preliminary opinion of probable construction costs. This estimate constlNlos our best judgment at Oda time. Please note that the engineer does not have any control. over contractor or supplier workloads and the dogreo kt which inflation may affect project costs between now and the bid date. During construction, additional features may become apparent as the work progresses, which will result in an increase in cost. 2 of 2 Erosion Control Subtotell 325,7 Total Construction Coati 3896,254 �X �ti bid' - Oitet to of l( SONOMA SUBDIVISION OFFSITE 8" WATER LINE ESTIMATE FOR OVERSIZE PARTICIPATION November 23, 2009 MBESI NO. 10530005 Item. , ... - Estnnafed Estimated Total No, bascr�ptlon • Estimated Quantity Unit Cost Cost 1.00 WATER LINE IMPROVEMENTS 1.01 Mobilization and Stormwater Pollution Prevention Plan (includes 1,00 LS $3,500.00 $3,500.00 installation and maintenance of erosion control structures throughout the entire project) 1.02 8" AWWA C909, CL 200 PVC Water Line (includes installation, 1,577 LP $14.00 $22,078.00 testing, and clean -up) 1.03 16" Steel Encasement (318" thick), Str, Baekllll 56 LF $75.00 $4,200.00 1.04 8" Mi. Gate Valve 1 EA $1,100.00 $1,100.00 1.05 8 "x45 deg Bend 6 BA $400.00 $2,400.00 1.06 2" Blow -off Assembly 1 BA 8950,00 $950.00 1.07 Connect to Existing Water Line 1 EA 8500.00 $500.00 Subtotal Item 1,00: $34,728.00 2.00 MISCELLANEOUS 2.01 Silt Fence 2.02 Hydro Seeding with Fiber Mulch Thu above construction estimate Is based on the engineer's opinion of probable construction costs. This estimate constitutes our best judgment at this time. Please note that the engineer does not have any control over contractor or supplier workloads and the degree to which Inflation may affect project costs between now and the bid date, During design and construction, additional features may become apparent as the work progresses, which will result in an increase or decrease In cost. Prepared by: _ , /4/ Je v obertso P ure & Browne EnglnccringfSurveying, Inc. 1,557 LF $3.00 $4,671.00 2,595 SY $0,75 $1,946.25 Subtotal Item 2.00: $6,617.25 CONSTRUCTION COST: $41,345.25 exbibi1" C ' S►'tec t_.11 of 11 _Item.. No. SONOMA SUBDIVISION OFFSITE 24" WATER LINE ESTIMATE FOR OVERSIZE PARTICIPATION 1.00 WATER LINE IMPROVEMENTS 1.01 Mobilization and Stormwater Pollution Prevention Plan (Includes installation and maintenance of erosion control structures throughout the entire project) 1.02 24" ANSI/AW WA C151/A21.5, CL 200 DIP Water Line (includes installation, testing, and Olean -up) 1.03 36" Steel Encasement (3/8" thick), Str. Baokflil 1.04 24" Butterfly Valve 1.05 24 "x45 deg Bend 1.06 24 "xl 1.25 deg Bend 1.07 6" Blow -off Assembly L08 Connect to Existing Water Line. 2.00 MISCELLANEOUS 2.01 Silt Fence 2.02 Hydro Seeding with Fiber Muloh 3.00 BONDING 3.01 Performance Bond (1% of construction cost) Prepared by: Je M Description Englneering/Surveying, Inc. November 23, 2009 MBESI NO. 10530005 Estimated Quantity 1,00 LS 1,577 LF Estimated Unit Cost 56 LF $250,00 $14,000.00 1 EA $6,000.00 $6,000.00 4 EA 82,025.00 $8,100.00 2 EA $2,025.00 $4,050.00 1 EA $3,000.00 83,000.00 1 EA $1,000.00 $1,000.00 Subtotal Item 1.00: $173,695.00 1,557 LF $3.00 2,595 SY $0.75 Subtotal Item 2.00: 1 EA $8,647.50 Subtotal Item 2.00: - Estimated Total- - - Cost $3,500,00 $3,500.00 $85.00 $134,045.00 $4,671.00 $1,946.25 $6,617.25 $8,647.50 $8,647.50 PROJECT COST: $188,959.75 The above construction estimate is based on the engineer's opinion of probable construction costs. This estimate constitutes our best judgment at this time. Please note that the engineer does not have any control over contractor or supplier workloads and the degree to which inflation may affect protect costs between now and the bid date, During design and construction, additional features may become apparent as the work progresses, which will result in an increase or decrease In cost. �xhtbi 1� 1 of 1.- THE STATE OF TEXAS COUNTY OF BRAZOS )) Before me, the undersigned authority, personally appeared ( "Affiant "), of ( "Contractor "), who being first duly sworn, deposed and state the following: 200_. "My name is . 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. Pursuant to that certain contract, dated as of , 200_ (the "Contract ") by and between the City of College Station, Texas, and Contractor furnished labor and materials to construct on the real property known as (more particularly described in the Contract) the "Project ". To the extend that Contractor constructed or contracted for the construction of such Contractor has paid each of its sub - contractors, laborers and materialmen in full (except for statutory retainage) for all labor and /or materials provided to Contractor on the Project. To the best of Affiant's knowledge, Contractor has not received notice of any claims pending against the Project in connection with the described in the Contract. Further, Affiant saith not. Executed this AFFIDAVIT OF BILLS PAID day of , 200 . AFFIANT: Printed Name: SUBSCRIBED AND SWORN TO before me on this day of Notary Public, State of Texas The Guarantee Company of North America USA RIDER TO BE ATTACHED TO AND FORM A PART OF PERFORMANCE BOND NO. 75066312 Wherein Brazos Valley Services isnamed as Principal and The Guarantee Company of North America U SA as Surety in favor of City of College Station as Obligee, in the amount of $ 746,921.04 effective February 4 2n1 n for Construction of Utility Lines. Streets. and Drainage Improvements for Sonoma Phase 3 WHEREAS, when this bond was executed City of College Station was named as Obligee, and WHEREAS, it is now desired that certain other parties be added as Obligees. NOW, THEREFORE, it is hereby understood and agreed that the following shall be considered as additional Obligees under this bond: BCS Development Company The foregoing, however, is subject to the following further provisions: (1) Rev. 11.11.2003 The Surety shall not be liable under this bond to the Obligees, or any of them, unless the said Obligees, or any of them, shall make payment to the Principal strictly in accordance with the term of said contract as to payments, and shall promptly perform all other obligations to be performed to by the first named obligee under said contract at the time and in the manner therein set forth. (2) The Principal and the Surety shall not be liable to any one or to all of the Obligees in the aggregate in excess of the penal sum of the bond, to wit: $ 746.921.04 Signed, and sealed this 4th day of February Brazos Valley Services (Princi By: The Guarantee C By: 2010 John Schuler, orney in - Fac SA Project No. TI IF: STATE OF TEXAS • THE COUNTY OF BRAZOS PERFORMANCE BOND THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: Bond No. 75066312 PERFORMANCE BOND KNOW ALL MF.N BY THI,SE PRESENTS: THAT WE, Brazos Valley Services , as Principal, hereinafter called "Contractor" and the other subscriber hereto The Guarantee Company of North America USA, as Surety, do hereby acknowledge ourselvs t � un rod F � ct wt y iz oueltd s F ly bound to the City of College Station, a municipal even corporation, in the sum o f Nine Hundred Twenty One and 46.921.04) for the payment of which sum, well and truly to be made to the City of Co 1le and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for Sonoma Phase 3 Utilities, Drainage and Streets Improvements 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 arc made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 such retained amounts or any other 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 axe 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. Council Approved - 02/12iO3 Revised09127Aa!(u) It is further expressly agreed and understood that the Contractor 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 Contractor 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 Contractor 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 2 253 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 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 Contractor and Surety have signed and scaled this instrument on the respective dates written below their signatures and have attached current Power of Attorney. ATTEST, SEAL: (if a corporation) WITNESS: (if not a corporation) By: Nan4e:Z Tide: ATTEST/WITNESS (SEAL) By J REVIEWED: Name: Amy Lewis Title: Bond Assoc. Date: February 4, 2010 CV-61 WriGOgid City Attorneys Office Council Appmwd - 02/12/03 Revised 09/22/04(u) Brazos Valley Services (Name of Contracto By: Name: 'Title: Date: The Guarantee Company of North America USA (Full Name of Surety) 101 E. Park Blvd., Ste. 817 (Address of Surety for Notice) Plano, TX 75074j›. �� �..!►!, O By: ‘47 Hedi AS 3.4- Na e: John W. Schuler- e: Attomey -in -Fact Date: February 4, 2010 THE FOREGOING BOND IS ACCEPTED ON BEFIALF OF THE CITY OF C )I.LEGE STATION, TEXAS: c THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY / State of Michigan i � ) County of Oaland Stephen Dullard, Vice President On this 13th day of February, 2007 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint John W. Schuler Time Insurance Agency, Inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3i" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorneys )-in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fad and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 310 day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 13th day of February, 2007. Cynthia A. Takai Notary Public, State ofMichigan County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County THE GUARANTEE COMPANY OF NORTH AMERICA USA Bond Number: 75066312 IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. i, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a-Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 4th day of February 2010. Randall Musselman, Secretary Texas Consumer Notice 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your agent at ; 3 You may call The Guarantee Company of North America USA's toll -free telephone number for information or to make a complaint at: 1 -866- 328 -0567 Ext 1040 4 You may also write to The Guarantee Company of North America USA at: 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Web: www.gcna.com E -mail: Info @gcna.com Fax: 1 248 - 750 - 0431 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1 -800- 252 -3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -91 04 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx. us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una q ueja: Puede comunicarse con su agent al Usted puede Ilamar al numero de telefono gratis de The Guarantee Company of North America USA's para informacion o para someter una queja al: 1 - 866- 328 -0567 Ext 1040 Usted tambien puede escribir a to The Guarantee Company of North America USA: 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Web: www.gcna.com E -mail: Info@gcna.com Fax: 1 248 - 750 - 0431 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1 \- 800 - 252 -3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -91 04 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx. us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (Ia compania) (agente o Ia compania) primero. Si no se resuelve Ia disputa, puede entonces comunicarse con el departamento (TD I). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adj unto.