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
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Revised 912008
ROUTING SHEET
CONTRACTS & OTHER AGREEMENTS
(These Documents Require Council Approval)
MAYOR
CITY t.j NAGER
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• DEP ' TM DIRECTOR/
ADMINISTERING CONTRACT DIRECTOR
NANCIAL OFFIC
For Office Use Only
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Scanned into Laserfiche on ; / i i 1 C)
02 _a6 - /0
DATE
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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.
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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
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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
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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.
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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.
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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
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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
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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
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U3Ordinance \Sonoma PH 3 OP \To Council \Sonoma PH 3 Waterline Oversize Participation Request \OP
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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.
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Contract.docxl1 /30/20092:22:03 PM
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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.