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13 - Paris Lakes Medical Center Development Agreementfteni No. 13 `TO: Mayor & City Council John Godwin, City Manager FROM: Carla Easton, City Engineer SUBJECT: PARIS LAKES MEDICAL CENTER DEVELOP V>CENT AGREEMENT DATE: October 13, 2017 BACKGROUND: The Paris Lakes Medical Center (PLMC) development located on SE Loop 286 is preparing for construction of sanitary sewers and an onsite lift station necessitated by the development, all of which will remain privately owned and maintained. TCEQ requires that ownership of privately owned lift stations be assigned by formal agreement. 'I .'he proposed development agreen-Lent addresses the lift station ownership, as well as other required i n frastruc t Lire associated with the PLMC development, including its impact on the city's sewer mains and the southeast lift station currently Linder construction. STATUS OF ISSUE: Staff and the developer have drafted an agreement regarding the necessary infrastructure for the PLMC development. PLMC will pay for all costs of an onsite lift station and related infrastructure, including design, construction, maintenance, and operations. The developer will also pay $125,000 to the city to reimburse the cost of a third pump at the city's new southeast lift station. This additional pump will not be required immediately, but will be put in place as the development expands and wastewater volume increases. In anticipation of this future development protect, the city's new lift station was designed, and is being built, to accommodate a third pump, BUDGET: This item is budget neutral, and will add funding for future expansion of the SE Lift Station as necessitated by the PLMC development, RECOMMENDATION: Authorize the City Manager to execute a development agreement for the Paris Lakes Medical Center. DEVELOPMENT AGREEMENT: PARIS LAKES MEDICAL CENTER (PLMC) This Development Agreement ("Agreement") is entered into as of the day of October, 2017 (the "Effective Date") by and between CITY OF PARIS, TEXAS, a Texas municipal corporation ("City'), and PARIS LAKES MEDICAL CENTER, LLC ("Developer"). WHEREAS, Developer desires to develop, for commercial purposes approximately 40.0 acres, more or less, of land LOCATED AT 2675 41ST Street SE, composed of Lot 1, Block A of the Paris Lakes Medical Center LLC Addition 346, as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property"); and WHEREAS, the development of the Property requires and necessitates that certain public improvements be made as described in an approved set of engineered construction drawings (the "Public Improvements"), and other matters described herein, including but not limited to the Developer's payment of certain fees; and WHEREAS, the parties agree that the portion of the Public Improvements to be constructed by or funded by Developer are proportional to the impact of the proposed development of the Property, said proportionality having been approved by the City's engineer; and WHEREAS, the development of the Property requires and necessitates that certain off-site water line improvements be extended to the Property as described herein, which off-site improvements do cross and benefit adjacent properties and are sized for ultimate development of surrounding properties; and the City agrees to pay for a portion of these off-site improvements as more particularly described in Exhibit "B"; and WHEREAS, the development of the Property requires and necessitates certain off-site waste- water utility improvements, specifically the upsizing of a portion of an existing ten inch (10") gravity sewer main to at least a fifteen inch (15") PVC sewer line, starting at the Southeast Lift Station ("SELS") and proceeding south to the point where the six-inch sewer force main from the planned PLMC lift station connects to the existing ten inch (10") gravity sewer line, and as more particularly described in Exhibit "C", the design, cost and construction of which shall be paid wholly by Developer; and WHEREAS, the development of the Property requires and necessitates certain off-site improvements to City lift stations, including upsizing the SELS, the proportional design, cost, and construction of which shall be paid by Developer and based on projected sewer flow amounts on the terms set forth in this Agreement; and WHEREAS, the development of the Property requires and necessitates certain on-site sanitary sewers and a sewer lift station, all of which will remain privately owned and maintained by Developer, including keeping in conformance with all local, state and federal regulations of said infrastructure, monitoring, and reporting; and WHEREAS, the development of the Property requires and necessitates certain improvements to a part of SE Loop 286 within TXDOT right-of-way, including acceleration and deceleration lanes, and said improvements, shall require an Advanced Funding Agreement (AFA) between the City of Paris and TxDOT, which must be accompanied by certain fees paid by City to TXDOT, and therefore Developer Page 1 of 11 shall provide all required assistance, drawings, rights-of-way, easements, or other information, property, or materials reasonably requested by TXDOT to ensure the completion of improvements, and Developer shall pay to City an amount equal to any and all costs imposed on City by said AFA; and WHEREAS, City and Developer desire to enter into this Agreement to set forth the terms and conditions of making such improvements and other matters related to the development of the Property. NOW THEREFORE, City and Developer in consideration of the agreements contained herein do hereby enter into the Agreement. 1. A. Developer or its contractor shall acquire and maintain, during the period of time when the public infrastructure is under construction (and until the final completion of the public infrastructure and the acceptance thereof by City) (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under the indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00 whichever is greater. Coverage must be on an "occurrence" basis. Such insurance shall also cover any and all claims which might arise out of the public infrastructure construction contracts, whether by the contractor, a subcontractor, material man, or otherwise. B. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name City as an additional insured and contain a waiver of subrogation endorsement in favor of City. Upon the execution of public infrastructure construction contracts, Developer shall provide to City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, City shall receive written notice of such cancellation, non -renewal or modification. 2. The installation and construction of the portion of the Public Improvements as shown on Exhibits B and C, attached hereto and incorporated herein, constructed and/or funded by the Developer shall be in accordance with the following: A. Developer shall construct all Public Improvements, as shown on Exhibits B, C, and D substantially in accordance with the plans and specifications approved by City and in accordance with all ordinances, rules and regulations, including, without limitation, any applicable state and/or federal law, rule, and/or regulation, and shall be subject to regular inspection by City employees, agents, or contractors. B. Developer agrees to furnish to City maintenance bonds in an amount equal to 100% of the cost of construction of public facilities, as shown on Exhibits B and D. These maintenance bonds will be issued for a period of one year, beginning on the date of acceptance by City, that all improvements covered by this Agreement will be free of defects or failures due to materials or workmanship. The maintenance bonds will be Page 2 of 11 issued on behalf of the contractors performing the work, and City will be named as the beneficiary if the contractors fail to perform any required maintenance or repairs. C. Developer and City agree that both the SELS and PLMC lift stations will be designed for future expansions. PLMC agrees to pay the costs of such future upsizing to the SE Lift Station, specifically the cost to install an additional pump necessitated by additional flows from the PLMC development. The cost of the additional pump and necessary appurtenances shall be $125,000.00, which shall include any expenditures and/or liability by Developer for construction or improvements to off-site public improvements. PLMC shall not be responsible for the SELS force main, the gravity line downstream of the SELS force main, or routine maintenance and repair of the SELS, unless PLMC constructs or causes to be constructed structures and/or facilities not proposed in or anticipated by this Agreement. DEVELOPER shall pay to CITY the amount of $125,000.00 for upsizing the SELS, said payment to be made concurrent with complete application for a construction permit for the PLMC Lift Station. Approval of a construction permit by CITY shall not be made until receipt of these funds. Additionally, Developer agrees to pay all costs associated with PLMC Lift Station, including but not limited to design, construction, maintenance, and operation, to the extent that said lift station is located in whole or in part within the PLMC development. D. Developer and City agree that the PLMC Lift Station and sanitary sewer mains will remain privately owned and maintained by Developer, and in conformance with all regulating authorities regarding operations, maintenance, monitoring, reporting, and all other requirements associated with owning said lift station, for the duration of its existence. E. Any bond submitted by Developer or a Contractor on a form other than the one which has been previously approved by City as "acceptable" shall be submitted to City Attorney and, at the City's sole discretion, this Agreement shall not be considered in effect until City Attorney has approved the instrument. F. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, and must be must be approved as a surety by the U.S. Department of the Treasury. 3. Public Improvements Generally. A. Developer hereby agrees to install water and wastewater improvements to service the development as shown on the final plat. Water facilities will be installed in accordance with plans and specifications to be prepared by Developer's engineer and reviewed by City Engineer. Further, Developer agrees to complete this installation in accordance with City Ordinances and shall be responsible for all construction costs, materials and engineering, unless otherwise stated in this Agreement. Page 3 of 11 B. Developer agrees to construct the necessary drainage improvements within the Property. These improvements shall be in accordance with the design plans and specifications to be prepared by Developer's engineer(s), reviewed and released by the City Engineer. The Developer's engineer(s) shall certify in the design plans that the drainage design is adequate to prevent damage to the areas adjacent to or adjoining the Property, as well as other areas downstream of the Property. C. Developer shall construct all pavement in the subdivision in conformance with the requirements of all fire and building codes in effect. Streets shall be installed in accordance with plans and specifications to be prepared by Developer's engineer and approved by City Engineer. D. Developer shall construct offsite emergency access in accordance with the plans and specifications to be prepared by Developer's engineer and approved by City Engineer. E. Approval by City Engineer or other City employee of any plans, designs or specifications submitted by Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by City for any defect in the design and specifications prepared by Developer's engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by City Engineer signifies City's approval on only the general design concept of the improvements to be constructed. F. Developer shall be responsible for the installation of any required street lighting and for the cost of installation of all street name signs, if any. G. Upon completion of construction of all of the Public Improvements as required by this Agreement and as required by the Development Regulations, or as amended, Developer shall deliver to City a paper and electronic (CAD and PDF) copy of as -built construction plans of the Public Improvements constructed or engineered by Developer. H. Developer agrees that neither building permits nor utility connection permits will be issued until the proposed construction passes a final inspection by City staff and City Council accepts the Public Improvements. Developer also agrees that City has no obligation to accept the Public Improvements until all other public utility lines (i.e. cable, telephone, electric, etc.) that will be installed within the street rights-of-way, if any, have been installed. During construction and after the streets have been installed, Developer agrees to keep the streets free from soil build-up. Developer agrees to use soil control measures such as hay bales, silt screening, seeding, rock berms, etc., to prevent soil erosion. It will be Developer's responsibility to present to City Engineer an erosion control plan that will be implemented for the subdivision. When in the opinion of the City Engineer there is sufficient soil build-up on the streets or other drainage areas and notification has been given to Developer, Developer will have seventy-two (72) hours from the date of weather suitable for construction, to clear the soil from the affected areas. Page 4 of 11 Developer will be responsible for the removal of silt from the underground storm sewer system onsite. Developer shall apply for, prior to start of construction, a TCEQ construction permit from the TCEQ and shall provide this Notice of Intent (NOI) and a copy of the Storm Water Pollution Prevention Plan (SWPPP) to the City. Developer shall be solely responsible for insuring compliance with all TCEQ regulations for erosion control and storm water management associated with the underground storm sewer system within the development site. 4. Indemnity. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DEVELOPER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE IMPROVEMENTS THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THERE IS NO JOINT ENTERPRISE BETWEEN CITY AND DEVELOPER. 5. Miscellaneous. A. Authority to execute contract. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. B. Notice. Where the terms of this Agreement require that notice in writing be provided, such notice shall be deemed delivered three (3) days following the deposit of the notice in the United States mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as follows: To City: To Developer: Attn: John Godwin Attn: Ron Parker City Manager Principal City of Paris Paris Lakes Medical Center, LLC P. O. Box 9037 2675 SE Loop 286 & 41" St. SE Paris, TX 75461-9037 Paris, TX 75462 C. Assignment. This Agreement is not assignable without the prior written consent of City. Page 5 of 11 D. Binding Effect. This Agreement shall bind and inure to the benefit of City and Developer and to any successor developer of the property. Upon completion of the Public Improvements; conditioned upon acceptance thereof by City, and provisions of the maintenance bonds by Developer, the parties shall execute a Release of all the terms hereof, except the Indemnity provision. E. Entire Agreement. This Agreement represents the entire and integrated agreement between City and Developer and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both City and Developer. F. Applicable law. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. This Agreement shall be performable and all compensation payable in Lamar County, Texas. Venue and exclusive jurisdiction under this Agreement lies in Lamar County, Texas. G. Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. J. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. K. Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. L. Waiver. Waiver by either party or any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance of the Agreement. M. Miscellaneous Drafting Provisions. This Agreement shall be drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. Page 6 of 11 N. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. O. This Agreement may be recorded in the county clerk's property records and, whether or not recorded therein, the terms, obligations, restrictions, and limitations of this Agreement shall run with the land and be binding on the successors and assigns of the Developer and future owners of all or any part of the Property, except that this Agreement shall not be binding upon an end user of a lot within the Property once a certificate of occupancy has been issued for such lot. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST: CITY OF PARIS, TEXAS Bv: Bv: Janice Ellis, City Secretary Steve Clifford, Mayor APPROVED AS TO FORM: Bv: Stephanie Harris, City Attorney PARIS LAKES MEDICAL CENTER, LLC By: Wildcreek Inv. Corp. Its Manager By: Ron Parker, President of Wildcreek Inv. Corp. STATE OF TEXAS COUNTY OF LAMAR This instrument was acknowledged before me on , 2017, by Ron Parker. Texas Notary Public My Commission Expires: Page 7 of 11 EXHIBIT A DESCRIPTION OF PROPERTY Page 8 of 11 40,00 Acres Debra Fleming on March 22, 2010 and recorded in Lamar County Clerk"s Document Number 077335- 2010; Thence N 88'5 l'28"E, along the North boundary line of the aforementioned McLemore Tract, I and the South boundary line of the aforementioned Fleming tract at a distance of 77.15 feet passing a 1/8 inch iron rod found as witness and continuing on for a total distance of 109,09 feet to a point in the centerline of B,ig Sandy geek, said point also being the Northwest corner of a called 15.780 acre tract of land conveyed from Nolan D. Whaley and wife Donna L. %alcy to Debra A,, Fleming and husband Dardel L Fleming on February 3, 2010 and recorded in Lamar County Clerk's Document Numbur 076084.2010; Thence, along the centerline of Big Sandy Creek, and along the common boundary line of the aforementioned McLemore Tract I and the aforementioned Fleming called 15,780 acre tract the following calls: S 53'29'20" E 92.14 feet, S 60`00'46" E 21.71 feet, S 78'04'4 1" 13 54.49 feet, S 58'2755" E 499,32 feet, S 66'40'43" E 35.87 fact, S 80'21'20" E 23.77 feet, S 55'57'16" E 39'.50 feet, 8 47027'] 4" E 42,43 feet, S 22'30'46" E 47.28 feet, S 15'14'39" E 18,72 feet, S 12"31'36" W 77.28 feet, - Thence S O0'50'55" E, at a distance of 58.95 feet passing a'% inch capped iron rod set as witness, and continuing on for a total distance of 954.93 feet to a Y2 inch capped iron rod set; Thence N 84'06'27" MI, a distance of 70.73 feet to a I OOD Nail fbund; Thence S 59'42'36" W, a distance of 111,49 feet to a 1OOD Nail foundp- Thence S 63°54'1.4""' , a distance of 19330 feet to a I GOD Nail found; Thence S 33°58'42"' , a distance of 228.67 feet to a IOOD Nail found-, Thence S 229597" E, at a distance of 91,86 feet passing the South boundary, line of the aforementioned Mcl..,emore Tract 1. and the North boundary line of the aforementioned McUmorc Tract 4, and continuing on for a total distance of 227.69 feet to a I GOD N" found; Thence S 5222'08 " E, a distance of 197,04 feet to a I OOD Nail found; Thence S 01'19'55" E, parMlel with the Fast right of way of Farm to Market Road Number 905 a distance of 251.75 feet to a V2 inch capped iron rod set; Thence S 88*40'05" W, a distance of 652.22' to the Point of Beginning and containing 410.00 acres of land. The Reference Bearing for the tract of land described hereon is NAD 1983 Texas State Plane Coordinate System Zone 4202. I, KEVrN K. WMTLEY, REGISTERED PROFESSIONAL LAND SLTRVEYOR, 45892, STATE OF TEXAS, HEREBY CERTIFY TRF ABOVE IS TAKEN FROMME-ASUREMENT'S MADE UPON TJTE CTROTJND AND WAS COMPLETED ON SEPTEMBFR. 16, 2014. KEVIN K. WHITLEY, RPLS DATE Page 2 of 2 _xhibit A EXHIBIT B PUBLIC IMPROVEMENTS Page 9 of 11 .j 4 19 z 49 w C6 PARTS' .LAKES hu w.eev IN I T UnUTY PLAN SEE DWO 05.02 FOR CONTINUATION t, HKS U61 go 0 ucc z LU PARIS LAKES %Z-gs "Y ig, Z015 "NSTRUCTION DRAWONas UTILPTY PL" .. . ...... HKS U61 go 0 ucc z LU PARIS LAKES %Z-gs "Y ig, Z015 "NSTRUCTION DRAWONas UTILPTY PL" EXHIBIT C PRIVATE IMPROVEMENTS Page 10 of 11 �l 10's M S ��L\ � TrFls T�(f pool ,a 07 L _. _. Vie,. g P�,RISLAF�ES �a?ci 1 r r 02 "" 3*,W AF PARIS LAKES MEDICAL CENTER PARIS I AKES: ri /� r /� +i ii//� � ,//// � /�%//,//,�%�! � /il /� ✓�.%��"�,: 1'/p%r /� / I ��1'7i// //��I�a�/i��/ �j r / � % �. 01 .�'',.,:....... rr ano tr j Yl y 0,N6 �,rn'n nP' h nran nn� PARIS LAKES MEDICAL CENTER �7 EXHIBIT D SE LIFT STATION FLOW CALCULATIONS AND PUMP COST ESTIMATES Page 11 of 11 Medical Offices WASTEWATER LOAD CALCULATIONS Wastewater Demand Total No. of sq No. of Area (sq Units No. of Flow/Unit Q (GPD) Buildings ft/Floor Floors ft Units. GPI01 1000 sf MOB 1 1 80,011 1 80011 sq ft 80011 500 40006 MOB 2 1 29223 2 5844E 1 sq ft 58446 500 292.23 MOB 3 1 29638 3 88914 sq ft 88914 500 44457 MOB 4 1 14725 1 14725 sq ft 1472.5 500 7363 Total 4 242096 242096 1 1 121048 Hospital Beds 1 64595 172705 Beds 225 300 67500 Hotel = I GPD/Key Keys 1 34571 0 103713 Keys 150 100 15000 Retail Stores GPD / 1000 sf Retail 8 3175 1 25400 sq ft 25400 100 2540 Total 8 25400 25400 2540 Total Phase Waste Water Demand (GPD 206088 —Fe—sign Flows Wastewater Demand Pear Flows No. of Peak Peack Flaw Buildings Q'GPD) Q (GPM) Flow (GPU) Q (GPM) Factor Phase J 14 206088 143 2.5 515220 358 Total Waste Water Peak Flow Demand GPM' tR�. Thompson t9 s :lr�o p(1r�y Project: Paris Lake MOB Lift Station Location: 40566 Texas 286 Loop, Paris Texas R. 5 Crate: May -24-2017 2 PUMPS OPERATING IN PARALLEL 200 190 180 3 PUMPS OPERATING IN PARALLEL 170 2 PUMPS OPERATING IN PARALLEL 160 150 140 .-. 130 1 PUMP RUNNING 120 W110 I 100 90 80 70 60 50 40 SYSTEM CURVE 30 20 10 0 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 FLOW (U.S. GPM) 3,880 GPM 4,255 GPM 30% FLOW INCREASE 40% FLOW INCREASE WHEN 2 PUMPS ARE WHEN 3 PUMPS ARE OPERATING IN PARALLEL OPERATING IN PARALLEL I Mike Tibbets Hayter Engineering c/o City of Paris, Texas 4445 SE Loop 286 Paris, Texas 75460 RBIS, LLC. PO Box 1364 — Texarkana, Tx. 75504 Phone: (903) 701-3110 or (903) 701-3111 Fax: (870)-772-0654 bk.rbis@gmail.com CHANGE ORDER 1 - PROPOSAL July 21, 2017 Phone: 903-785-0303 Fax: 903-785-0308 Job Name: South East Lift Station Renovation — Furnish & Install Pump 3 Job Location: Paris, Texas R-� RBIS, LLC proposes to furnish labor, equipment, materials, profit, and overhead to furnish and install pump 4 3 for the South East Lift Station Renovation project per our conversation and email of 7-12-17. This proposal is to accommodate for the additional sewer coming from the Paris Lakes Medical Center Development project. This proposal includes, per your request: The third motor starter with additional space in MCC for Pump 4 3 2. MAS711 unit for Pump 4 3 3. 400A disconnect switch for Pump 4 3 4. Required cables for Pump 4 3 5. New Pump 4 3 6. Electrical to accommodate pump 4 3 Total Amount Proposed for COl: $ 114,898.00 Additions if Desired: 1. Upper Mechanical Seal — Spare Parts $4,030.00/ea 2. Lower Mechanical Seal — Spare Parts $2,830.00/ea (These mechanical seals are offered as an additional option for the city. There will be a set furnished by the pump supplier in the original purchase of the first two pumps.) Exceptions: Upsizing of Generator to Accommodate for 3rd Pump is not included in this pricing. This price is only good for 30 days, due to equipment prices possibly increasing. (If a decision is made to proceed with this option for pump # 3 after the 30 days, we will reevaluate the pricing from the equipment suppliers and pass on any changes if needed.) Payment to be made as follows: Due upon completion. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner, according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Owner is to carry fire, tornado, and other necessary insurance. Note: We reserve the right to withdraw this proposal if not accepted within 30 calendar days. RBIS, LLC., Authorized Signature Acceptance of Proposal: The above process, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Date of Acceptance: