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Praticipation AgreementCITYot~ COUJ.:Gl~ STATIO)'I.. H-t{Tn:»sAfH.l r~· File#: Type: File created: On agenda: Title: Sponsors: Indexes: Code sections: Attachments: I Date College Station, TX City Hall 1101 Texas Ave College Station, TX 77840 Legislation Details (With Text) 14-498 Contract 5/23/2014 12/10/2015 Version: 1 Name: Status: In control: Final action: Participation Agreement for Creek Meadows Lift Station Consent Agenda City Council Regular Presentation, possible action, and discussion regarding a participation agreement with Oldham Goodwin Group, LLC to increase the capacity of the Creek Meadows Sewage Lift Station to serve the recently annexed Wellborn area. The Agreement includes three phases of improvements, with a total City participation of $216,350. David Coleman Participation Agreement.pdf Contractors lnsurance.pdf Ver. Action By Action Result Presentation, possible action, and discussion regarding a participation agreement with Oldham Goodwin Group, LLC to increase the capacity of the Creek Meadows Sewage Lift Station to serve the recently annexed Wellborn area. The Agreement includes three phases of improvements, with a total City participation of $216,350. Relationship to Strategic Goals: • Core Services and Infrastructure Recommendation: Staff recommends approval of this participation agreement. Summary: In 2006, the developer of Creek Meadows constructed a sewage lift station, located near Greens Prairie Trail and Royder Road , to serve the initial phases of the development. Today, the flow into the lift station is nearing its initial capacity and will need improvements to increase the capacity. The current developer, Oldham Goodwin, is planning to make the necessary improvements to provide enough capacity to serve the build-out of the Creek Meadows development. In April 2011 , City Council approved the annexation of the Wellborn area which included providing sewer service to a portion the area . The service plan included a gravity sewer line along Live Oak and Royder Road, terminating into the Creek Meadows lift station. City staff has calculated the potential sewer flow from the area this new sewer line will serve, and has negotiated an agreement with Oldham Goodwin to combine the improvement projects and share the cost. If approved, this participation agreement will ensure that the adequate sewer system capacity will exist for the Wellborn area properties that are served by the new sewer line. Combining the improvement projects with the Oldham Goodwin is the most efficient and cost effective method to College Station, TX Page 1 of 2 Printed on 12/7 /2015 powered by Legistar '~ File#: 14-498, Version: 1 make the necessary improvements, and staff recommends approval. Budget & Financial Summary: Funds in the amount of $216,350 will be included in the FY14 & FY15 Wastewater Capital Improvement Projects Oversized Participation budget for the execution of this agreement. It is anticipated that a total of $88, 100 will be expended in FY14 for phases 1 and 2 and $128,250 will be expended in FY15 for phase 3. Reviewed and Approved by Legal: Yes Attachment: Participation agreement College Station, TX Page 2 of 2 Printed on 121712015 powered by Legistar™ CITY OF COLLEGE ST A TION PARTICIPATION AGREEMENT FOR PUBLIC IMPROVEMENTS This Agreement is entered into by and between the City of College Station, a Texas Home Rule Municipal Corporation (hereinafter "City"), and Creek Meadows Partners, L.P., a Texas Limited Partnership, (hereinafter !!Developer"). WHEREAS, Developer is developing property within the City of College Station, more particularly described as Creek Meadows in College Station, Brazos County, Texas (hereinafter "Property") a description of which is attached-as Exhibit "A"; and WHEREAS, Developer is required to construct certain public infrastructure, such as roadways, utilities, sidewalks, drainage facilities, and water and sewer facilities that relate to Developer's development; and WHEREAS, City is required or desirous of assuming some of the cost for construction of certain public infrastructure described as the Project, affecting Developer's development; and WHEREAS, because of this and in order to comply with City's overall development plan both Developer and City agreed it was in the best interests of the pub I ic to construct the Project jointly; and WHEREAS, the City Engineer has reviewed the data, reports and analysis provided by Developer's engineers, and determined that such public improvement qualified and still qualifies for joint City-Developer participation; and WHEREAS, the Developer has completed all phases of the Project while working with the City according to and under the authority of Chapter 212, Subchapter C, Developer Participation in Contract for Public Improvement of the Texas Local Government Code, and WHEREAS, the City had the authority to enter into a contract under of Chapter 212, Subchapter C, Developer Participation in Contract for Public Improvement of the Texas Local Government Code at the start of the Project and the work done by the Developer for the duration of the Project qualifies as acceptable work under that Subchapter. WHEREAS, the City will accept the benefits of the Developer's work to complete the Project by the terms of this Participation Agreement for Public Improvements; and WHEREAS, the parties agree as to the nature and proportion of joint participation as further recited herein and as may be required in accordance with Chapter 212, Subchapter C, Developer Participation in Contract for Public Improvement and Chapter 252, Participation Agreement Creek Meadows Lift Stati on Contract No. ___ _ CRC -4-20-15 Page I of22 Purchasing and Contracting Authority of Municipalities of the Texas Local Government Code; and NOW, THEREFORE, for and in consideration of the recitations above and the promises and covenants herein expressed, the parties hereby agree as follows: ARTICLE I DEFINITIONS 1.1 Approved Plans means the plans and specifications that meet the requirements of this Participation Agreement, the City of College Station Codes and Ordinances and any other applicable laws and that have been submitted to, reviewed and approved by the City of College Station relating to the Project. 1.2 City or College Station means the City of College Station, a Texas Home Rule Municipal Corporation located at 1101 Texas Avenue, College Station, Texas 77840. 1.3 Developer means Creek Meadows Partners, L.P., a Texas limited partnership, whose principal office is located at 14505 Torrey Chase Blvd., Suite 205, Houston, TX 77014. 1.4 Effective Date means the date on which this Agreement is signed by the last party whose signing makes the Agreement fully executed. 1.5 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 materialmen and subcontractors have been made all documentation, and all closeout documents have been executed and approved by the Developer as required, all Letters of Completion and other City documentation have been issued for the Project, all reports have been submitted and reporting requirements have been met and Developer has fully performed any other requirements contained herein. The City will issue a certificate of Final Completion with the City's Participation Payment. 1.6 Letter of Completion means a letter issued by the City Engineer stating that the construction of public improvements conforms to the plans, specifications and standards contained in or referred to in the Unified Development Ordinance and any other ordinances of the City of College Station. 1. 7 Property means that one certain tract of land known as Creek Meadows and as further described in Exhibit "A". 1.8 design, construction, and project management to achieve a allons er minute at the Creek Meadows sewa e lift station. The Participation Agreement Creek Meadows Lift Station Page 2 of22 a1 ~~ >sb ~ ph Jr -4s-r -11 ~f ltA if>( CA{ ~ flt :/f infrastructure may extend into the extraterritorial jurisdiction of the City. This Project will be completed in two Phases. The Phased improve ents will achieve a minimum c.apaeitj' of%~ gallons per minute and the City will reserv 356 allons er minu e of this capacity for flow outside of the Creek Meadows developmen . he initial lift station capacity of 315 gallons ,.. J 3 l ~ q ;......_ ~minute has been completed. The two-Phas@ improvements are described below and in t:..I" J f detail in Exhibit "B" and wffi increase the minimum capacity to 960 gallons per minute (gpm). a. First Phase to include additional gravity line and force main and two new pumps + J { 0 ~d control panels-will add 190 gpm. b. Second Phase to include a force main extension and third pump will add 455 gpm. f 'f S') ARTICLE II 1b0 ~ CITY COST PARTICIPATION Ul 2.1 Agree to Participate. City agrees to cost participate in the Project in the maximum amount and percentage as estimated in Exhibit "C". City's actual rate of participation will be based upon the final actual cost of the Project as reflected by the breakdown of costs required pursuant to this Agreement and will be a percentage not to exceed Twenty-eight and a half Percent (28.5%) and in no event shall exceed the maximum amount estimated of Two Hundred Twelve Thousand Five Hundred Eighty Seven and No Cents ($212,587.00) as shown in Exhibit "C". 2.2 Competitive Bidding. If City's cost participation exceeds 30% of the total cost of the Project or is located within the extraterritorial jurisdiction of the City, then the Project must be competitively bid pursuant to Chapter 252 of the Texas Local Government Code, as amended. a. If City's participation exceeds 30% of the total cost of the Project, City shall be responsible for advertising and obtaining bids or negotiating proposals for the construction of the Project. Developer shall pay for all costs associated with advertising, printing, and distributing plans and specifications for the Project. b. If City's cost participation is 30% or less of the total cost of the Project and the Project is located within the boundaries of the City competitive bidding is not required. 2.3 Cost of Project. Developer's engineer's detailed cost estimate of the Project is attached hereto and incorporated herein as Exhibit "C". 2.4 Application for Payment. Application for payment by the Developer to the City for payment to the Developer pursuant to the terms of this Agreement must include the Participation Agreement Creek Meadows Lift Station Page 3 of22 h cf ~\'r, following in a form acceptable to City, which these requirements must be met for each Project Phase payment: a. Completion of the Project Phase in accordance with the Approved Plans b. Issuance of a Letter of Completion relating to the Project Phase c. Developer's compliance with all City Codes, Ordinances and standards relating to the Project, the Property and its subdivision and development d. Dedication of the land for the right-of-way or easement either by plat or by deed relating to the Project Phase e. A current title report as of the date of such land dedication and updated within sixty (60) days of the date of this Agreement f. Lien releases or subordinations from all lenders as required by City g. Proof that all guarantees of performance and payment as set forth in this Agreement have been met, including all bond requirements when applicable h. A breakdown of actual costs of the Project with supporting documentation, including all payment receipts i. A statement all the improvements are the property of the City 2.5 City Participation Payment. Developer shall submit the written application for City participation payment within thirty (30) days after issuance of the Letter of Completion relating to the Project or Developer shall be ineligible to receive the City participation payment as specified in this Agreement and City's obligation to cost participate shall terminate without any liability. The City's Participation will not exceed 28.5 % of the Project cost. Chart of Total LS Capacity GPM Cost City Portion Initial Lift Station Capacity 315 $350,000 0 Phase One-Improvement (505) $170,921 $80,962 Phase Two Improvement bl.f'i 900 $225,000 $131 ,625 Total Project Cost $745,921 $212,587 (28.5%) u"'-'il 6 ~ (\ 2.6 Final Completion. The City will issue a certificate of Final Completion with the ~ qj) City's Participation Payment. ~ 2. 7 Reports, books and other records. Developer shall make its books and other ! ,jJ \ · 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 Participation Agreement Creek Meadows Lift Station Page 4 of22 City participation eligibility including, but not limited to bid documents, payment app lications, in cluding any supportin g information, canceled checks, copies of construction and engineering documents, as determined by the City Engineer in his sole discretion, for the verification of the cost of the Project detailed in Exhibits "B" and "C" of this Agreement. The submission of these reports and information shall be the responsibility of Developer and shall be certified by Developer's Licensed Professional Engineer at Developer's expense and signed by an authori zed official of the entity. ARTICLE III GOVERNMENTAL IMMUNITY, INDEMNIFICATION, RELEASE AND INSURANCE 3.1 The City by entering into this Agreement does not consent to suit, waive its governmental immunity, or the limitations as to damages under the Texas Tort Claims Act. 3.2 Indemnification. Developer agrees to and shall indemnify, hold harmless, and defend City and its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, expert fees and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by Developer under this Agreement, regardless of whether such injuries, death, damages or breach are caused in whole or in part by the negligence of City, any other party indemnified hereunder, the Developer, or any third party. 3.3 Release. Developer assumes full responsibility for the work to be performed hereunder, and releases, relinquishes and discharges City, its officers, agents, volunteers and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense therefore, for any injury to or death of any persons and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with, Developer's work to be performed hereunder. This release shall apply whether or not said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether or not said claims, demands, and causes of action were caused in whole or in part by the negligence of City, any other party released hereunder, Developer, or any third party. 3.4 Insurance. The Developer shall procure and maintain, at its sole cost and expense fo r the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Developer or th ei r contractors, agents, representatives, volunteers, or employees. Said insurance shall list College Station, its officers, agents, employees, and volunteers as Additional Insureds. See Exhibit "D" for required limits of liabil ity insurance. Participation Agreement Creek Meadows Lift Station Page 5 of22 Certificates of insurance evidencing the required insurance coverages on the most current form approved by the Texas Department of Insurance attached hereto as Exhibit "E". ARTICLE IV PROJECT AND CONSTRUCTION 4.1 Right to Inspect the Work. City may inspect the improvements for compliance with the Approved Plans during construction or the Warranty Period (as hereinafter defined). 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. If the work and materials furnished is not in strict accordance with the Approved Plans and the Developer has commenced efforts to correct such non-conforming work within thirty (30) days of written notice to the Developer from the City detailing such non-conformance and proceeded diligently to conform the Work to the Approved Plans, in addition to withholding funds the City, at its election, may terminate this Agreement without any further liability .. 4.2 Independent Contractor. Developer shall be solely responsible for selecting, supervising, and paying its subcontractors and for complying with all applicable laws, including, but not limited to all requirements concerning workers compensation and construction retainage. The parties agree all employees, volunteers, personnel and materials furnished or used by Developer in the installation of the specified improvements will be the responsibility of Developer and understand Developer will not be deemed employees or agents of City for any purpose. Nothing in this Agreement will establish a joint venture between the Developer and the City. 4.3 Payment for materials and labor. Developer shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, material men or suppliers of any type or nature whatsoever and taking all commercially reasonable steps to insure that no claims or liens of any type will be filed against any property owned by City arising out of or incidental to the performance of any service performed pursuant to this Agreement. In the event a statutory lien notice is sent to City, Developer shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold City harmless from any losses that may result from the filing or enforcement of any said lien notice. 4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the improvements, Developer shall provide City a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, material men, and subcontractors have been released, and that there are no claims pending of which Developer has been notified. Such affidavit shall be in a form as substantially set forth in Exhibit "F" which is attached hereto and incorporated by reference. 4.5 Requirements of Applicable rules remain. This Agreement does not alter, amend modify or replace any other requirements contained in the Code of Ordinances of the City Participation Agreement Creek Meadows Lift Station Page 6 of22 of College Station, Texas, Unified Development Ordinance of the City of College Station, or other applicable law. 4.6 Requirement for Access to Existing Facilities. The City will require daily access to its existing lift station facilities at any time during the construction or improvement phases and after completion. Access may be required for major repairs or maintenance work by City or the City's contractors. The Developer may not take the City's lift station out of service at any time during any of the phases. 4.7 Warranty: Upon issuance of a certificate of Final Completion, the Developer warrants the Developer's Contq1ctor warranty will pass through to the City and will warrant for a period of one (l) year (or longer as provided in Section 4.d below) (such period being referred to as the "Warranty Period") as follows:: a. Developer's Contractor warrants, through the Developer's Contractor's pass through warranty, that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by the City Engineer and that all work will be of good quality, free from faults and defects, and in conformance with this Agreement and recognized industry standards. b. All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. c. This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Developer. d. Where more than a one (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. ARTICLE V GENERAL PROVISIONS 5.1 Amendments. No amendment to this Agreement will be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 5.2 Choice of Law and Venue. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 5.3 Authority to enter into Agreement. Each party represents that it has the full power and authority to enter into and perform this Agreement. The person executing this Agreement on behalf of each party has been properly authorized and empowered to enter Participation Agreement Creek Meadows Lift Stati on Page 7 of22 into this Agreement. The person executing this Agreement on behalf of Developer represents that he or she is authorized to sign on behalf of Developer and agrees to provide proof of such authorization to the City upon request. 5.4 Agreement Read . The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 5.5 Notice. Any notice sent under this Agreement (except as otherwise expressly required) shall be hand delivered, written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: Creek Meadows Partners, L.P. 14505 Torrey Chase Blvd, Suite 200 Houston, TX 77014 With copies to: Oldham Goodwin Group L.L.C. Attn: Chris Rhodes, Vice President 2800 South Texas Avenue, Suite 401 Bryan, TX 77802 Chris.Rhodes@OldhamGoodwin.com City of College Station City Engineer P.O. Box 9960 College Station, TX 77842 With copies to: City Attorney and City Manager P.O. Box 9960 College Station, TX 77842 Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the party. 5.6 Term. This Agreement will terminate after expiration of the warranty period The Agreement term may be extended by mutual written agreement of the Parties. 5.7 Termination. The City may terminate this Agreement for convenience with thirty (30) days written notice to the Developer. 5.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by Developer without the prior written approval of the City, which consent shall not be unreasonably withheld, conditioned or delayed. 5.9 Default. In the event of a breach of this Agreement by Developer, City may terminate this Agreement and exercise any and all legal remedies. Participation Agreement Creek Meadows Lift Station Page 8 of22 5.10 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. List of Exhibits: A. A description of the Property B. A description of the Project C. Engineer's estimate of the costs of the Project D. Insurance Requirements E. Certificates of Insurance F. Affidavit of All Bills Paid Form CREEK MEADOWS PARTNERS, L.P. Title: Xr.es:J~n+ Date:'F/ ZS/ ?-l>J!S I I Partici pation Agreement Creek Meadows Lift Station CITY OF COLLEGE ST A TION BY: _______ ~~ City Manager Date: _____ _ APPROVED City Attorney Date: _____ _ Assistant City Manager/CFO Date: _____ _ Page 9 of22 Participation Agreement Creek Meadows Lift Station Exhibit A Description of the Property Page 10 of22 Exhibit B DESCRIPTION OF THE PROJECT Design and Construction Developer agrees to perform or ensure the performance i n construction, and project management of the Project throu h Fina ompletion including issuance of Le e s p e 1 ce wit the terms an con 1t1ons o t 1s Agreement. The Project may be a component of a larger project by Developer provided that the costs associated with the Project remain separate and identifiable. Developer will obtain any and all reguired easements for pipeline construction. The Pro]ect will achieve a minimum capacity of 960 gallons per minute at the Creek Me-;aows sewage lift station. This Project will be completed in three Phases. The Phased improv~ will achieve a minimum capacity of 960 gallons per minute and the City will reserv~allons per minute of this capacity for flow outside of the Creek Meadows development. The initial lift station capacity of 315 gallons per minute has been completed. PHASE ONE Forcemain & Gravity Sewer Improvements COST: $170,921 DESCRIPTION: Installation of approximately 1,271 linear feet of 12" gravity sewer I ine, within the Cast legate 2 Subdivision, to the planned limits of the gravity collection system within this sewer service area. The terminus of this 12" gravity sewer line is near the intersection ofEtonbury Avenue and Goodrich Court. From this point an 8" forcemain will be extended approximately 2, 100 linear feet to the south side of Greens Prairie Trail near the common subdivision corner of Woodlake and Sweetwater. At this location the 8" forcemain will tie-in to the existing 6" forcemain and the portion of the existing forcemain, which extends to the Castlegate, Section 6, will be temporarily valved shut. Improvements will also include the installation of two (2) new Flygt Pumps with new motor starters, breakers, controls, etc. Participation Agreement Creek Meadows Litt Stati o n Page 11 of22 PHASE TWO Creek Meadows Forcemain & Pump Improvements ESTIMATED COST: $225,000.00 DESCRIPTION: Installation of approximately 5,320 linear feet of8" forcemain that will extend from the Creek Meadows Lift Station to the terminus point of the 8" forcemain described in Phase One improvements. This new 8" forcemain will parallel the existing 6" forcemain and will tie into the 8" forcemain installed as part of phase one. The "old" disconnected section of 6" forcemain, discharging into the Castlegate; Section 6 manhole; will be reconnected to the existing 6" forcemain. These two forcemains will work in tandem to facility the total required firm pumping rate. Also, a third pump will be installed at the Creek Meadows Lift Station with appropriate motors and controls. Participation Agreement Creek Meadows Lift Station Page 12 of'22 ExhibitC Engineer's estimate of the costs of the Project Participation Agreement Creek Meadows Lifi Station Page 13 of22 NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Enginneers Cost Estimate -Phase One CREEK MEADOWS & CASTLEGATE 2 FORCEMAIN & GRAVITY SEWER IMPROVEMENTS COLLEGE STATION BRAZOS COUNTY, TEXAS , .{. -~~'!'. "'· . i t,<1!7, ~ . " ' Ul-!IT~, '<I'~·;· . ":l "' ?II ... .. ., oL < .-{ ' ._ ..... ;; · .. ~1 COST'-/' DESCRIP..TION '~-~ :QUANTITY.~ '·UNIT ,, ..;y. Mobilization, Staking, Trench Safety & TV Inspection 1 LS $2,000.00 (Sewer Line) 12" PVC Sanitary Sewer (SDR-26, D3034) -Non 1,221 LF $25.00 Structural Backfill 12" PVC Sanitary Sewer (SDR-26, D3034) -32 LF $30.00 Structural Backfill 12" PVC Sanitary Sewer (SDR-26, 02241) -18 LF $35.00 Structural Backfill 8" PVC Sanitary Sewer (SDR-26, D3034) -Non-18 LF $20.00 Structural Backfill wfferminus Plug 6" PVC Sanitary Sewer (SDR-26, D3034) -Non-54 LF $12.00 Structural Backfill wfferminus Plug 4' Diameter Standard Manhole w/32" Opening (Ring 3 EA $2,800.00 & Cover) 4' Diameter Drop Manhole w/32" Opening (Ring & 1 EA $3,300.00 Cover) 5' Diameter Standard Manhole w/32" Opening (Ring 1 EA $4 ,000.00 & Cover) -Receiving Manhole 8" PVC Forcemain (SDR-26, D2241)-Non 1,995 LF $15.00 Structural Backfill 8" PVC Forcemain (SDR-26, 02241) -Structural 105 LF $20.00 Backfill Road Bore (Dry) for 18" Casing 60 LF $70.00 18" Steel Encasement (Sch 40) w/8" Certa-Lok 148 LF $75.00 (DR18, CL 235) w/Casing Spacers & End Seals Ductile Iron Fittings (Forcemain) 1 LS $2,000.00 Structural Bedding (Cement Stabilized Sand) 40 LF $10.00 Install two new Flygt NP-3171/275 impeller & Upgrade motor starters and breakers in existing 1 LS $59,000.00 control panel to handle larger horsepower motors ·::·TOTAL '~{,~~ost· :: $2,000.00 $30,525 .00 $960 .00 $630.00 $360.00 $648.00 $8,400.00 $3,300.00 $4,000.00 $29,925.00 $2, 100.00 $4,200.00 $11 ,100.00 $2,000.00 $400.00 $59,000.00 SUB-TOTAL= $159,548.00 CD1-260-0471-E08.xlsx 1 of 2 ' ' Enginneers Cost Estimate -Phase One ESTIMATED CONSTRUCTION COST= CONTINGENCY = $159,548.00 $23,452.00 GRAND TOTAL= $183,000.00 RME Consulting Engineers TEXAS FIRM REGISTRATION No. F-4695 POST OFFICE BOX 9253 COLLEGE STATION, TEXAS 77842 OFF/FAX: (979) 764-0704 E-mail: civil@nnengineer.com Estimates and projections prepared by R.ME Consulting Engineers relating to construction costs !illd schedules, operation and maintenance costs, equipment characteristics and performance, w1d operating results are based on this oflice's experience, qualifications and judgment as a design professional. Since RME ha.' no control over weather, cost and availability nflabor, material and equipment, labor productivity, construction contractor's procedures and methods, unavoidable delays, construction contractor's methods of determining prices, economic conditions, competitive bidding or market conditions and other factors affecting. such estimates or projections. this office docs not guarantee that actual rntes. costs, performance, schedules, etc., will not v11ry from estimates and projections prepared by the Engineer of record. CD1-260-0471-E08.xlsx 2 of 2 NO. 1 2 3 4 5 6 7 8 f ' ~: ~ Enginneers Cost Estimate -Phase Two CREEK MEADOWS FORCEMAIN & PUMP IMPROVEMENTS COLLEGE STATION, BRAZOS COUNTY, TEXAS . ,y ':'¥~-,-/ . · . . .. ~;~: ht:;, .. , . UNIT";. ·" ;,:,.i· r~-. ''"·"" ''.)O'" ,. , ,~:st'"' , . •::_.,:T~TAL ' r . DESCRl~TIONJi '$ ... . QUANTITY;; ·'uNfr ~ .dosr .'· . •-.. ,,<.'COST f . , '1)-·~· .J" Mobilization, Staking, Trench Safety & TV Inspection 1 LS $4,000.00 $4,000.00 (Sewer Line) 8" PVC Forcemain (SDR-26, 02241) -Non 5,100 LF $20.00 $102,000.00 Structural Backfill 8" PVC Forcemain (SDR-26, 02241) -Structural 220 LF $25.00 $5,500.00 Backfill Road Bore (Dry) for 18" Casing 150 LF $120.00 $18,000.00 18" Steel Encasement (Sch 40) w/8" Certa-lok 230 LF $100.00 $23,000.00 (DR18, CL 235) w/Casing Spacers & End Seals Ductile Iron Fittings (Forcemain) 1 LS $7,000.00 $7,000.00 Reconnection of Existing Forcemain(s) 1 LS $5,000.00 $5,000.00 Install third NP-3171/277 impeller with 30 ft stainless steel lifting chain & Replace impellers on existing two pumps. Add motor starter, breaker, run time 1 LS $40,000.00 $40,000.00 meter, seal fail relay and pilot lights to control panel for third pump. SUB-TOTAL= $204,500.00 ESTIMATED CONSTRUCTION COST= CONTINGENCY= $204,500.00 $20,500.00 ..... - \ $225,000.00 RME Consulting Engineers TEXAS FIRM REG!STRA TION No. F-4695 POST OFFICE BOX 9253 COLLEGE STATION, TEXAS 77842 OFF/FAX: (979) 764-0704 E-mail: civil@nnengineer.com E~timatcs and projections prepared by RME Consulting Engineers relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating re.•ults are hast:<! on this omce's experience, qunlifications and judgment as a design profcssionn\. Since RME has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction contractor's procedures and methods, unavoidahle delays, C<mstruction contrnctor's mechods of determining prices, economic conditions, competitive bidding or market conditions and other factors affecting such cstimatos or projections, this office does not guarantee that actual rates, c-ost•, performance, schedules, etc., will not vary from estimates and proj~ctions prcpru-cd by the Engineer of record. CD1-260-0471-E08.xlsx 1 of 1 ----·····--·--···---·---·-···---··········-··--··--·--···----·········-··--·-·- ExhibitD Insurance Requirements Throughout the term of this Agreement, Developer (Contractor) must comply with the following: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation II. General Requirements Applicable to All Policies: A. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent B. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit "E"; and shall be approved by the City before work begins C. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only D. The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas E. The City will not accept "claims made" policies F. Coverage shall not be suspended, canceled, non-renewed or reduced in limits ofliability before thirty (30) days written notice has been given to the City III. Commercial General Liability A. General Liability insurance shall be written by a carrier rated "A:VIII" or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing "primary and non-contributory" language with regard to self-insurance or any insurance the City may have or obtain C. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000.00. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance E. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; Participation Agreement Creek Meadows Lift Station Page 14of22 products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier rated "A:VrII" or better rating under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing "primary and non-contributory" language with regard to self-insurance or any insurance the City may have or obtain C. Combined Single Limit of Liability not less than $1 ,000,000 per occurrence for bodily injury and property damage. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page E. The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. V. Workers' Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a Workers' Compensation policy, either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the Subcontractors' employees. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used . B. Workers compensation insurance shall include the following terms: 1. Employer's Liability minimum limits ofliability not less than $500,000 for each accident/each disease/each employee are required 2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy 3. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except Participation Agreement Creek Meadows Lift Station Page 15 of22 those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" C. Pursuant to the explicit terms of Title 28, Section 110.llO{c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: "A. Definitions: Certificate of coverage ("certificate") -An original certificate of insurance, a certificate of authority lo self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81 , DWC-83, or D WC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406. 096 [of the Texas Labor Code]) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services " does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. Partici pa ti on Agreement Creek Meadows Lift Station Page 16 of22 D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later 1han seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duralion of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within I 0 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to he covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (/) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements a/Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that Participation Agreement Creek Meadows Lift Station Page 17 ofZ2 coverage is being provided for all employees of !he person providing services on the project.for !he duralion of !he project; (3) provide the Contraclor, prior to !he end of !he coverage period, a new cerlificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the projecl; (4) obtain from each other person with whom it contracts, and provide to the Co ntractor: (a) A certificale of coverage, prior to the other person beginning wo rk on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) relain all required certificales of coverage on file for the duration of the project and for one year thereafter; (6) notify !he governmental entily in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Co ntractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of th e project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the Commission's Division of Self Insurance Regulation. Providing false or misleading iriformation may subj ect the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. Participation /\greement Creek Meadows Lili Station Page 18 of22 K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. " Participation Agreement Creek Meadows Lifi Station Page 19 of22 Participation Agreement Creek Meadows Lift Station ExhibitE Certificates of Insurance Page 20 of22 Participation Agreement Creek Meadows Lift Station ExhibitF Affidavit of All Bills Paid Form Page 21 of22 THE ST ATE OF TEXAS § AFFIDAVIT OF BILLS PAID § COUNTY OF BRAZOS § FOR PARTICIPATION AGREEMENT Before me, the undersigned authority, ~ . JL . Lowry :) Jr. ("Affiant"), tbUtLr-Ll:Parb,t.r (Title), of ~ruJt. Me# dm.2s ("Developer"), personally appeared being duly sworn, deposed, and states the following: I am over 18 years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts stated in it, which facts are true and correct. The Developer pursuant to the Participation Agreement with the City of College Station (the "City"), dated ~.lt J..S , 2015, has caused the Developer or the Developer's contractors to furnishes labor and materials to construct improvements for the StW~ L:.f k.~ . ..,.J;.ISY\.-(description of project) on the real property known as ~Cr~t~c..~\l~M"""-" ... £=1..."--'J~a.J-.>-=----' (address or legal description) more particularly described in the Participation Agreement as the "Project". To the extent Developer constructed or contracted for the construction of such improvements, the Developer or the Developer's contractor have paid each o its sub- contractors, laborers and material men in full for all labor or ma ena s provided to Developer on the Project. To the best of Affiant's knowledge, Developer or Developer's contractors have not received notice of any claims pending against the Project in connection with the Project. ,20~ SUBSCRIBED AND SWORN TO before me on this-25~ day of~.\-'20\5. ~~l«A-d Participation Agreement Creek Meadows Lift Station ...... {:'f.!'.'~.~~,,~ ROBBIN SWAIN -o*-''" f~:' '/~ Notory Public. State of Texas ~~··. .:~~ My Commission ExJ)ires ~,~;f/ti~,·~~~·-~l October 23, 2017 Page 22 of22 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 10/22/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Genaro Vazauez NAME: Watkins Insurance Group-Austin r.~.9N.t c .... 512-452-8877 I ft;~~"'· 512-452-0999 3834 Spicewood Springs Rd, Ste. 100 ~~,f'J~ ••. gvazquez@watkinsinsurancegroup.com Austin TX 78759 INSURERISI AFFORDING COVERAGE NAIC# INSURER A :Cincinnati Insurance Comcany 10677 INSURED TEXC0-2 INSURER B :Texas Mutual Insurance Company 22945 Civil Constructors, Inc. dba INSURER C: Texcon General Contractors 1707 Graham Rd. INSURER D: College Station TX 77845-9686 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 455332864 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE l~~hl5ivWv1 l~~l-65/v~. LIMITS LTR INSD WVD POLICY NUMBER A x COMMERCIAL GENERAL LIABILITY y EPP0287369 11/1/201 4 11/1/2015 EACH OCCURRENCE S1,000,000 ,____ D CLAIMS-MADE 0 OCCUR ~~~t~~J?e~~~~u~~ncel $100,000 MED EXP !Anv one oersonl $10,000 - PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 =i 0PRO-DLOC PRODUCTS -COMP/OP AGO $2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY EBA 0287369 -11/1/2014 11/112015 ~~~~~~~~t):SINGLt LIMll s1,ooo,ooo x ANY AUTO BODILY INJURY (Per person) $ ,____ ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -NON-OWNED rp~~;~c7d~~t~AM><'>C x HIRED AUTOS x AUTOS $ --$ A x UMBRELLA LIAB M OCCUR EPP0287369 11/1/2014 11/1/2015 EACH OCCURRENCE $3,000,000 -EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 OED I I RETENTION $ $ B WORKERS COMPENSATION TSF-0001278286 1111/2014 11/1/2015 x I mTuTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~~;~~rPir~~ 'g':'2rPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Rented/Leased EPP0287369 1111/2014 11 /112015 Maximum Limit. $500,000 Equipment DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Project: Creek Meadows Lift Station and Force Main Improvements Certificate Holder and City of College Station are additional insured on the general liability policy where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Oldham Goodwin Group 2800 South Texas Ave., Suite 401 ACCORDANCE WITH THE POLICY PROVISIONS. Bryan TX 77802 AUTHORIZED REPRESENTATIVE I ".// /&L © 1988-2014 ACORD CORPORATION. Ali rights reserved. 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