HomeMy WebLinkAboutContract 47939 Developer and Project Information Cover Sheet:
Developer Company Name: MKS Real Estate, L.L.C.
Address, State, Zip Code: 2501 Blue Mound Rd West Hastlet TX 76052
Phone & Email: 817-231-0016, luis.leal@marquisgroup.com
Authorized Signatory, Title: Luis Leal, President
Project Name and Brief Marquis Transportation Warehouse Addition
Description:
Project Location: North of U.S. Highway 81, South of Qual Springs Circle, West of
Harmon Rd.
Plat Case Number: FS-15-163 Plat Name: Marquis Transportaion Addition
Mapsco: F34-D Council District: 7 City Project Number: 100263
CFA Number: 2016-038 DOE Number: None
To be completed by s aff
Received by: Date:�(
3 021'!16
City of Fort Worth, Texas OFFICIAL RECORD
Standard Community Facilities Agreement CITY SECRETARY
CFA Official Release Date: 10.07.2015 FT.WORTH,TX
Page 1 of 12
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, MKS Real Estate. L.L.C., ("Developer"), desires to make certain specific
improvements as described below and on the exhibits attached hereto (`Improvements") related
to a project generally described as Marquis Transportation Warehouse Addition (`Project")
within the City or the extraterritorial jurisdiction of Fort Worth, Texas (`City"), and
WHEREAS, the City has no obligation to participate in the cost of the Improvements or
Project, and
WHEREAS, any future City participation in this CFA is subject to the availability of
City funds and approval by the Fort Worth City Council and shall be memorialized as an
amendment to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement (`CFA" or "Agreement") in connection with the collective Improvements for the
Project.
NOW, THEREFORE, for and in consideration of the covenants and conditions
contained herein, the City and the Developer do hereby agree as follows:
General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001,
approved by the City Council of the City of Fort Worth, as amended, is hereby
incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply
with all provisions of said Policy in the performance of its duties and obligations hereunder
and to cause all contractors hired by Developer to comply with the Policy in connection
with the work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6, Section II, of
the Policy and recognizes that there shall be no reduction in the collateral until the Project
has been completed and the City has officially accepted the Improvements. Developer
further acknowledges that said acceptance process requires the r(s)
City of Fort worth, Texas OFFICIAL RECORD
Standard Community Facilities Agreement CITY SECRETARY
CFA Official Release Date: 10.07.2015 FT. WORTH,TX
Page 2 of 12
to submit a signed affidavit of bills paid and consent of Surety signed by its surety to
ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in full by
Developer for all the services provided under this contract.
C. Developer agrees to cause the construction of the Improvements contemplated by this
Agreement and that said construction shall be completed in a good and workmanlike
manner and in accordance with all City standards and the City-approved construction
plans, specifications and cost estimates provided for the Project and the exhibits attached
hereto.
D. The following checked exhibits describe the Improvements and are incorporated herein:
Water (A) ®, Sewer (A-1) ®, Paving (B) E, Storm Drain (B-1) Street Lights &
Signs (C) ❑.
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II, paragraph 7 of the Policy and the contracts shall be
administered in conformance with paragraph 8, Section II, of the Policy. Developer shall
ensure its contractor(s) pays the then-current City-established wage rates.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
contractor to meet City's requirements for being prequalified, insured, licensed
and bonded to do work in public ways and/or prequalified to perform
water/wastewater construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance bond in
the names of the City and the Developer for one hundred percent (100%) of the
contract price of the infrastructure, and a maintenance bond in the name of the
City for one hundred percent (100%) of the contract price of the infrastructure for
a period of two (2) years from the date of final acceptance insuring the
maintenance and repair of the constructed infrastructure during the term of the
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Paae 3 of 12
maintenance bond. All bonds to be furnished before work is commenced and to
meet the requirements of Chapter 2253, Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the amounts
required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City shall be
named as additional insured on all insurance required by said documents and
same will be evidenced on the Certificate of Insurance (ACORD or other state-
approved form) supplied by the contractor's insurance provider and bound in the
construction contract book.
iv. To require its contractor to give 48 hours advance notice of intent to commence
construction to the City's Construction Services Division so that City inspection
personnel will be available; to require the contractor to allow the construction to
be subject to inspection at any and all times by City inspection forces, to not
install or relocate any sanitary sewer, storm drain, or water pipe unless a
responsible City inspector is present and gives his consent to proceed, and to
make such laboratory tests of materials being used as may be required by the City.
v. To require its contractor to have fully executed contract documents submitted to
the City in order to schedule a Pre-Construction Meeting. The submittal should
occur no less than 10 working days prior to the desired date of the meeting. No
construction will commence without a City-issued Notice to Proceed to the
Developer's contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement, if any, until said sewer and water mains and
service lines have been completed to the satisfaction of the Water Department.
G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering
drawings and documents necessary to construct the improvements under this Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 4 of 12
I. City shall not be responsible for payment of any costs that may be incurred by Developer in
the relocation of any utilities that are or may be in conflict with any of the community
facilities to be installed hereunder.
J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless
for any inadequacies in the preliminary plans, specifications and cost estimates
supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and easements
across property owned by Developer and required for the construction of the current and
future improvements provided for by this Agreement.
L. The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify, hold harmless and defend the City, its officers, agents and employees
from all suits, actions or claims of any character, whether real or asserted, brought
for or on account of any injuries or damages sustained by any persons (including
death) or to any property, resulting from or in connection with the construction,
design, performance or completion of any work to be performed by said Developer,
its contractors, subcontractors, officers, agents or employees, or in consequence of
any failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors,
officers, agents or employees, whether or not such injuries, death or damages are
caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its
officers, servants, or employees.
M. Developer will further require its contractors to indemnify, defend and hold harmless
the City, its officers, agents and employees from and against any and all claims, suits or
causes of action of any nature whatsoever, whether real or asserted, brought for or on
account of any injuries or damages to persons or property, including death, resulting
from, or in any way connected with, the construction of the infrastructure
contemplated herein, whether or not such injuries, death or damages are caused, in
whole or in part, by the alleged negligence of the City of Fort Worth, its officers,
servants, or employees. Further, Developer will require its contractors to indemnify,
and hold harmless the City for any losses, damages, costs or expenses suffered by the
City or caused as a result of said contractor's failure to complete the work and
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 5 of 12
construct the improvements in a good and workmanlike manner, free from defects, in
conformance with the Policy, and in accordance with all plans and specifications.
N. Upon completion of all work associated with the construction of the Improvements,
Developer will assign to the City a non-exclusive right to enforce the contracts entered into
by the Developer with its contractor along with an assignment of all warranties given by the
contractor, whether express or implied. Further, Developer agrees that all contracts with
any contractor shall include provisions granting to the City the right to enforce such
contracts as an express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and material
testing fees equal to two percent (2%) for a total of 4% of the developer's share of
the total construction cost as stated in the construction contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to four
percent (4%) and material testing fees equal to two percent (2%) for a total of 6%
of the developer's share of the total construction cost as stated in the construction
contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is not
installing the streetlights, inspection fees equal to four percent (4%) of the
developer's share of the streetlight construction cost as stated in the construction
contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 YEARS
i. Developer shall complete the Improvements within two (2) years, provided,
however, if construction of the Improvements has started within the two year
period, the developer may request that the CFA be extended for one additional
year.
ii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement with
its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 6 of 12
the end of two (2) years from the date of this Agreement (and any extension
period) the Improvements have not been completed and accepted.
iv. The City may utilize the Developer's financial guarantee to cause the completion
of the construction of the Improvements or to cause the payment of costs for
construction of same before the expiration of two (2) years if the Developer
breaches this Agreement, becomes insolvent or fails to pay costs of construction
and the financial guarantee is not a Completion Agreement. If the financial
guarantee is a Completion Agreement and the Developer's contractors and/or
suppliers are not paid for the costs of supplies and/or construction, the contractors
and/or suppliers may put a lien upon the property which is the subject of the
Completion Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 7 of 12
Cost Summary Sheet
Project Name: Marquis Transportation Warehouse Addition
CFA No.: 2016-038 DOE No.: None
An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price
will ultimately determine the amount of CFA fees and financial guarantee. The bid price and
any additional CFA payments will be required prior to scheduling a pre-construction meeting.
An itemized estimate corresponding to each project-specific exhibit is required to support the
following information.
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 8 of 12
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 136.832.44
2. Sewer Construction $ 27,437.00
Water and Sewer Construction Total $ 164,269.44
B. TPW Construction
1. Street $ -
2. Storm Drain $ 233,456.70
3. Street Lights Installed by Developer $ -
4. Signals $ -
TPW Construction Cost Total $ 233,456.70
Total Construction Cost(excluding the fees): $ 397,726.14
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 3,285.39
D. Water/Sewer Material Testing Fee(2%) $ 3,285.39
Sub-Total for Water Construction Fees $ 6,570.78
E. TPW Inspection Fee(4%) $ 9,338.27
F. TPW Material Testing(2%) $ 4,669.13
G. Street Light Inspsection Cost $ -
H. Signals Inspection Cost $
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 14,007.40
Total Construction Fees: $ 20,578.18
Choice
Financial Guarantee Optionchoose one Amount Mark one
Bond =100% $ 397,726.14 x
Completion Agreement= 100%/Holds Plat $ 397,726.14
Cash Escrow Water/Sanitary Sewer= 125% $ 205,336.80
Cash Escrow Paving/Storm Drain =125% $ 291,820.88
Letter of Credit= 125%w/2yr expiration period $ 497,157.68
ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be
executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as
of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH Date: 4 ;?:>c-) —A
Recommended by:
Jesus J. Chapa
Assistant City Manager
Wendy Chi- abulal, EMBA, P.E.
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 9 of 12
Development Engineering Manager DEVELOPER
Water Department MKS Real Estate, L. .C.
Dou s iersig, P.E. ame: Lui eal
Direc Title: President
Transportation & Public Works Department � n La
Date: �Jf
Approved as to Form & Legality:
ATTEST: (Only if required by Developer)
Richard A. McCracken
Assistant City Attorney Signature
Name:
M&C No. K)/A
Date: �s�?1t�ILe
��--
ATTEST:
M I .
/ -- a 11
OIQ
M&6. Kays
Vv 'V
City Secretary � 0
U 8�
.AS
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth, Texas FT.WORTH,TX
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 10 of 12
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
® Attachment 1 - Changes to Standard Community Facilities Agreement
® Location Map
® Exhibit A: Water Improvments
® Water Cost Estimate
® Exhibit A-l: Sewer Improvements
® Sewer Cost Estimate
❑ Exhibit B: Paving Improvements
❑ Paving Cost Estimate
® Exhibit B-l: Storm Drain Improvements
FE Storm Drain Cost Estimate
❑ Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 11 of 12
ATTACHMENT"I"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 100263
None
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 12 of 12
0 150 300 600 900
GRAPHIC SCALE IN FEET z�
E dw �OF F'lt
STA 0+00.00 UNE "W-1' W _
REMOVE EXISTING PLUG & 7 i ®� 8t
C(RJ-
ONNECT TO EXISTING 12' W.L. / ®*
PRESIDIO WEST PHASE VII-B
RJAVIER D. JARAMILLOR NO. 02513, DATED 10/2014 �'•••'••
'- 91007 'cam j
1` _ dal FS!CENSG�,••G��g.0
S�ONAL "S7 0_ �v
INSTALL•
1-12'X12" TEE- --- THE SEAL APPEARING ON THIS DOCUMENT WAS
2-12' VALVE —AUTHORIZED BY JAVIER D. JARAMILLO, P.E. 91007 ON
1-12' PLUG `. _ 05/20/2016. ALTERATION OF A SEALED DOCUMENT
WATER WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE
ENGINEER IS AN OFFENSE UNDER THE TEXAS
ENGINEERING PRACTICE ACT.
INSTALL
�\ < % 2-12" VALVE
\ 4-12' 45• VERTICAL BEND
1 100 LF OF 20' STEEL
12" WATER CASING BY OPEN CUT
�p EXISTING QUAIL
p- oQp,�p�\ -� GROVE SUBDIVISION
Qpk�O�p - -r FT
- ,
STA 25+58.54 UNE
INSTALL: \
2-12 X8 TEE
2-12' VALVE
2-8VALVE
2-2' WATER SERVICE &
METER
C1-1.5' WATER SERVICE
& METER
l�
\ STA 26+52.38 UNE 'W-1'
INSTALL:
1-12' PLUG
- BLOW OFF POINT &
PIPE QUANTITY IN PUBLIC ROW OR EASEMENT >\ BOX WITH AUTOMATIC FLUS
2" 2652 LF 1-CLEANING WYE
MARQUIS TRANSPORTATION ADDITION
WATER IMPROVEMENTS
7557 RAMBLER ROAD SUITE II
Pacheco Koch DALLAS, TX 75231 972.235.3031 EXHIBIT 'A'
TX REG. ENGINEERING FIRM F-14439
TX REG. SURVEYING FIRM LS-101958-G5
LOCATED IN THE CITY OF FORT WORTH
ORAwiv B�CHECXED Y SCALE DATEJOB NUAeER TARRAMT COUNTY TEXAS
AMS 1'=300 05/20/2016 3676-15.044 PAGE 1 OF 3
INSTALL:
8' PLUG EXISTING 8' EXISTING QUAIL GROVE,
.. SANITARY SEWER j SUBDIVF$ION ff
30' DRAINAGE do
UTILITY EASEMENT
(CAB. A. SL 11951) 40 /
PROPOSED 8' /
PROPOSED 8" SANITARY SEWER
SANITARY SEWER
i
15' SANITARY
SEWER EASEMENT
\\ CONNECT TO
80�.,PERMANENT EXISTING MANHOLE INSTALL.
DRIA NAGE FACILI 1—STD. 4' DIA. EXTRA
E MENT DEPTH MANHOLE
INSTALL: INSTALL
264 LF OF 8" 354 LF OF 8
SEWER PIPE �: SEWER PIPE
PROPOSED
` MAINTENANCE
ACCESS ROAD
20' ACCESS
PROPOSED EASEMENT
f 4 DETENTION POND
- - - - - = .
10' XM ENERGY
INC. PIPELINE TPR�O8' WATER
EASEMENT
15' WATER LINE V.S. HIGHWAY NO. 81 AND
EASEMENT NO. 287
(VARIABLE WON RGHT-QF-WAY)
Alm 0 F fit%
SOC
•q �A
✓...............................S
/JAVIER D. JARAMILL00
.............................../
®��••. 9100
too
8/o' ' INCENSE-''('4
N'®L �a� 05.20. r/ 0 50 100 200 300
THE SEAL APPEARING ON THIS DOCUMENT WAS GRAPHIC SCALE IN FEET
AUTHORIZED BY JAVIER D. JARAMILLO, P.E. 91007 ON
05/20/2016. ALTERATION OF A SEALED DOCUMENT
WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE
ENGINEER IS AN OFFENSE UNDER THE TEXAS MARQUIS TRANSPORTATION ADDITION
ENGINEERING PRACTICE ACT. SANITARY SEWER IMPROVEMENTS
7557 RAMBLER ROAD SUITE 1400
Pacheco Koch DALLAS, TX 75231 972235.3031 EXHIBIT 'Al'
TX REG. ENGINEERING FIRM F-14439
TX REG. SURVEYING FIRM LS-101938-05 LOCATED IN THE CITY OF FORT WORTH
DRAWN BY I CHECKED BY SCALE DATE JOB NUABER TARRANT COUNTY, TEXAS
AMS JDJ 1"-100' 05/20/2016 3676-15.044 PAGE 2 OF 3
EXISTING 2-42" EXISTING QUAIL GROVE
STORM DRAIN /% > SU IVISI(
�— — i N
INSTALL: I CONNECT TO EXISTING
1— CH—PW—O TxDOT 2-42' STORM DRAIN
STD. HEADWALL
WITH CONCRETE COLLAR
'ATH RIP RAP
INSTALL; PROPOSED
8•
1-42' STORM DRAIN SANITARY
j 15' SANITARY SEWER
— \ INSTALL: SEWER EASEMENT
INSTALL: 1— CH—FW—O TxDOT
7'X4' BOX STD. HEADWALL
CULVERT 'ATH RIP RAP PROPOSED
LL
MAINTENANCE
INSTA
1— CH—FW-0 TxDOT
LL PROPOSED —ROAD
STD. HEADWALL ` DETENTION
'ATH RIP RAP I POND PROPOSED
PILOT20' ACCESS
PRIMARY OUTFAL STUCTURE CHANNEL EASEMENT
INSTALL:
1— CH—FW-0 TxDOT STD. HEADWALL 15' WATER UNE
'ATH RIP RAP EASEMENT
(SEE CFA PLANS FOR DETAILS)
INSTALL \0 TO ENERGY INC.
18'X4' BOX CULVERT IP INE EASEMENT
EMERGENCY OVERFLOW 'AER INSTALL: — — — —
(SEE CFA PLANS FOR DETAILS) SM. HEADWALL
NTH
= —
NTH RIP RAP
INSTALL•
1— CH—PW—O TxDOT U.S. HIGHWAY NO. 81 AND PROPOSED 8'
STD. HEADWALL
'ATH RIP RAPNO. 287 WATER LINE
(VARLAME WD7H NCHT--OF WAY)
0F T®�1b 0 50 100 200 300
*�PxE.......F�'�s*fit GRAPHIC SCALE IN FEET
/JAVIER D. JARAMILLOI
.............. .............
91007
•o: /
,,�1°'�F•�!CENS,�..•���p�� PIPE QUANTITY IN PUBLIC ROW OR EASEMENT
8' X 4' 44 LF
THE SEAL APPEARING ON THIS DOCUMENT WAS 7' X 4' 191 LF
AUTHORIZED BY JAVIER D. JARAMILLO, P.E. 91007 ON 42" 46 LF
05/20/2016. ALTERATION OF A SEALED DOCUMENT
WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE
ENGINEER IS AN OFFENSE UNDER THE TEXAS MARQUIS TRANSPORTATION ADDITION
ENGINEERING PRACTICE ACT. STORM DRAIN IMPROVEMENTS
Pacheco Koch DALL RAMBLER ROAD SUITE 1400
D,wus, Tx 75231 972235.3031 EXHIBIT 'B1'
TX REG. ENGINEERING FIRM F-14439
TX REG. SURVEYING FIRM LS-101938-05 LOCATED IN THE CITY OF FORT WORTH
DRAWN BY I CHECKED BY SCALE DATE JOB NUAWER TARRANT COUNTY. TEXAS
AMS JDJ 1"=100' 05/20/2016 3676-15.044 PAGE 3 OF 3
00 42 43
DAP-BID PROPOSAL
Page 3 of 4
00 42 43
DAP-BID PROPOSAL
Pgge I of4
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidders Proposal
Bidlist Item Specification Unit of Bid
No. Description Section N.
Measure Quantity Unit Price Bid Value
UNIT I:WATER IMPROVEMENTS
1 3305.1003 20"Casing By Open Cut 33 05 22 LF 100 $125.00 $12,500.00
... ..... _._ .. . _ _ . 1.
2 3311:0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 1 $7,900.00 $7,900.00
3 3311.0441 12"Water Line 331110, LF 2652 $32.47 $86,110.44
__
3311 12 ---'LF
__ _
4 3311.0442 12"Water Pipe,C55 Backfill 33 11 10, LF 20 $95.00 $1,900.00
5 3312.0117 Connection to Existing 4%12"Water Main 33 12 25 EA 1 $705.00 $705.00
6 3312.2203 2"Water Service(Dom.) 33 12 10 EA 2 $2,371.00 $4,742.00
7---W12.2203 1.5"Water Service(Irr.) 34 12 10 EA 1 $2,250.00 $2,250.00
B 3312.3003 8"Gate Valve 33 12 20 EA 2 $2,000.00 $4,000.00
9 3312.3005 12"Gate Valve 33 12 20 EA 6 $2,495.00 $14,97_0.00
10 _ 9999.0000 Automatic Flush _.. _ 00 00 00 W —EA1 $1,755.00 $1,755.00
_._._.... _.. .... _. ..._........_._____ _..._ . .__.. _._
11
12
13
14
38
39
40
41
42
_. .. _._ _.._.. _...-. _... . ._ .
43
44
45
TOTAL UNIT I:WATER IMPROVEMENTS I $136,832.44
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 004243_Bid DAP_MaqLds-Rev.I
DEVELOPMENT BOND
FILE COP ,
GUARANTEEING PERFORMANCE
AND PAYMENT OF IMPROVEMENTS
Bond No. 5917-7621
KNOW ALL MEN BY THESE PRESENTS,that we,MKS Real Estate LLC (Luis
Leal),as Principal,and Washington International Insurance Company, a corporation
organized and existing under the laws of the State of New Hampshire,and fully authorized
to transact business in the State of Texas,as surety,are held and firmly bound unto CITY
OF FORT WORTH,TEXAS, 1000 Throckmorton Street,Fort Worth,Texas,76102,as
Obligee,in the penal sum of($398,000.001 lawful money of the United States of America,for
the payment of which well and truly to be made,we bind ourselves,our heirs,executors,
administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEAREAS,(LealMor Construction) has agreed to construct in (Marquis
Transportation Addition Lot 1,Block Al,in the CITY OF FORT WORTH,TEXAS the
following improvements:
(Storm, Sewer and Water Utilities
WHEREAS,in the event of bankruptcy,default or other nonperformance by
Principal,claims against Principal or the development, Obligee may be left without
adequate satisfaction.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that
if the said Principal shall construct,or have constructed,the improvements herein
described,and shall pay for the cost of all labor,materials and equipment furnished in
connection with the construction of said improvements, and shall save the Obligee harmless
from any loss,cost or damage by reason of its failure to complete the construction of said
improvements or by reason of its failure to pay for the cost of same,then this obligation
shall be null and void,otherwise to remain in full force and effect; and upon receipt of a
claim by the City of Fort Worth indicating that the construction of said improvements has
not been completed,or that the costs for same have not been paid,the Surety will pay to the
City of Fort Worth such amount up to the amount of this bond which will allow the City of
Fort Worth to complete construction of said improvements and to pay for the costs of same.
We hereby agree with you that the draft(s)drawn under and in compliance with the terms
of this bond will be duly honored upon presentation at:
(Surety)Washington International Insurance Company-mail code: ,
(Surety Address)900 Summit Ave.Ft Worth,TX 76102
Attn:—Tracy Tucker or by facsimile to(surety: Washington International Insurance
Company
Fax Number 817/336-6501_confrimed by a phone call at 817/336-8520_
PROVIDED FURTHER,that this bond shall automatically be increased by the
amount of any change order,supplemental agreement or amendment which increase the
price of the aforementioned contract.
PROVIDED FURTHER,that if any legal action be filed on this bond,the laws of
the State of Texas shall apply and that venue shall lie exclusively in Tarrant County,Texas.
AND PROVIDED FURTER,that the said surety,for value received,hereby
stipulates and agrees that no charge,extension of time,alteration or addition to the terms of
any contract for the public affect its obligation on this bond,and it does hereby waive notice
of any such change,extension of time,alteration or addition to the terms of such contract.
This bond is given pursuant to the provisions of Section 212.073 of the Texas Local
Government Code,as such may amended from time to time.
Signed,sealed and dated this day of ,20_
MKS Real Estate Washington International Insurance Company
k.\'oUr7,T
Luis Le Sure '''�Fv" ` "�p
B By
Tracy Tucker, torney-in-Fact w
tti
C,J.Mt•Fj 1f•''•
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire and Washington International Insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,
Illinois,and Westport Insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of Overland
Park,Kansas each does hereby make,constitute and appoint:
W.LAWRENCE BROWN,TRACY TUCKER,KEVIN J.DUNN and STEVEN TUCKER
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011.
"RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
`��tt1V
\Q�4��!..........! tt.�po /NIG B
G 1:h `� •.ggg y
�. S.�L F�� Steven Anderson, mor ttt tat t o es ogtoo ntctna ow wunntt Company
SCI9� �? OZ •n n &Senior Vice President of North American Specialty Insurance Company
2 W-A 1973 rp rn= O:. n a` &Scoiar vice Preddeot erw port Irarasuu Corperatlon
ti N�wet .'a�� hyh+►.las�''b� B //�/lw„�71f ..•
Mike A.Ile,se.»rvkePresident.rwrYiStwmtemaWnalunnra.eeQw�y •
&Senior Via President efNertb American Spedit tmmmace Company
&Senior Vice President orWestport Insurance Corporation
IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this
this l lth day of June ,2014 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook ss:
On this 11th day of June ,20 14,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me, who
being by me duly sworn,acinowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OFFICIAL SEAL
M KENNY Lt
NOTARY PUBLIC,STATE OF ILLINOIS M.Kenn Notary Public ,
MY COMMISSION E)RRES 12104/2017 y�
I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance CompanyV`1{ahi�ft�.
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and Cg7tbot' o'ffa^+ ''
Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company, InS,
FBF.,
Corporation which is still in fiill force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this_day of .20
Jeffrey Goldberg,Vice President 3 Assistant Secretary of Washin4ton Intern tq Cp
North American Specialty Insurance Company& President$Assistant 5 �6 rt Ltf Irp-on
North American Specialty Insurance Company
Washington International Insurance Company
TEXAS CLAIMS INFORMATION
IMPORTANT NOTICE ADVISO IMPORTANTE
In order to obtain information or make a complaint: Para obtener informacion o para someter un queja:
You may contact Jeffrey Goldberg,Vice President— Puede comunicarse con Jeffrey Goldberg,Vice
Claims at 1-800-338-0753 President— Claims,al 1-800-338-0753
You may call Washington International Insurance Usted puede Ilamr al numero de telefono gratis de
Company and/or North American Specialty Insurance Washington International Insurance Company and/or
Company's toll-free number for information or to North American Specialty Insurance Company's para
make a complaint at: informacion o para someter una queja al:
1-800-338-0753 1-800-338-0753
You may also write to Washington International Usted tambien puede escribir a Washington
Insurance Company and/or North American Specialty International Insurance Company and/or North
Insurance Company at the following address: American Specialty Insurance Company al:
475 N, Martingale Road 475 N. Martingale Road
Suite 850 Suite 850
Schaumburg,IL 60173 Schaumburg,IL 60173
You may contact the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas
to obtain information on companies, coverages, para obtener informacion acerca de companias,
rights or complaints at: coberturas, derechos o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Insurance: Puede escribir al Departmento de Seguros de Texas:
P.O. Box 149104 P.O. Box 149104
Austin,TX 78714-9104 Austin,TX 78714-9104
Fax: (512)475-1771 Fax: (512)475-1771
Web: http://www.tdi.state.tx.us Web: htto://www.tdi.state.tx.us
Email:ConsumerProtection@tdi.state.tx.us Email:ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS:
Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un
or about a claim you should first contact the reclamo, debe comunicarse con el Washington
Washington International Insurance Company and/or International Insurance Company and/or North
North American Specialty Insurance Company. If the American Specialty Insurance Company primero. Si
dispute is not resolved,you may contact the Texas no se resuelve la disputa, puede entonces
Department of Insurance. comunicarse con el Departmento de Seguros de
Texas.
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA
This notice is for information only and does not Este aviso es solo para proposito de infromacion y no
become a part or condition of the attached se converte en parte o condicion del documento
document. adjunto.
Revised 5/12 475 N.Martingale Road,Suite 850,Schaumburg,IL 60173
ARTICLES OF ORGANIZATION OF
MKS Real Estate
Limited Liability Company
KNOW ALL MEN BY THESE PRESENTS: That I, Luis Leal, desiring to form a limited
liability company for the purposes set forth herein and in conformance with the Texas Limited
Liability Company Act, do establish:
1. Company Name. That the name of the limited liability company is MKS Real Estate Limited
Liability Company.
2. Duration. That the period of duration of this limited liability company is thirty years from the
date of filing hereof with the Texas, unless sooner dissolved as provided by Texas law.
3. Purpose. That the purpose for which this limited liability company is organized is primarily to
Property Management, and other goods and services that are permitted by law,within and
without the Texas as the laws of Texas and other states permit.
4. Principal Place of Business. That the address of its principal place of business is 209 W. 2nd
St., Suite 242, Fort Worth, TX 76102.
5. Registered Agent and Office. That the name of its registered agent, whose Consent to
Appointment as Registered Agent accompanies these articles, is Luis Leal, and address of the
agent at the registered office is 209 W. 2nd St., Suite 242, Fort Worth, TX 76102, (817) 733-
6971.
6. Capitalization. That the total capital contributions of each Member, which is his or its
respective undivided interest in personal property having at least a value totaling $1,000.00
should be allocated as follows:
Luis Leal, Luis Leal, 2033 Frosted Willow Lane, Fort Worth, TX 76177, (817) 733-6971 and
President $1,000.00
7. Additional Liability of Members. That no additional capital contributions will be required.
8. Admission of Additional Members. That additional Members will be admitted or expelled
only with the unanimous consent of all Members entitled to participate in management and upon
such terms as are unanimously agreed to by all.Members entitled to a dividend upon dissolution
or liquidation.
9. Continuity of Life. That the remaining Members of the limited liability company may only
have the right to continue the business upon the death, retirement, resignation, expulsion,
bankruptcy or dissolution of a Member or occurrence of any other event which terminates the
continued Membership of a Member in this limited liability company if they unanimously elect
to do so. The return of capital and the distribution of profits shall be determined from the
company's books, as of the effective date of withdrawal, based on generally accepted accounting
practices, and paid as soon as practicable without diminishing the prospects of the company's
ventures and subject to the limitations of the Texas Limited Liability Company Act.
10. Management. The business of the company shall be conducted under the exclusive
management of its Members, or outside managers if its Members unanimously elect, who shall
have exclusive authority to act for the company in all matters. The Members may from time to
time designate certain Members as Officers to act for the Company in certain matters as
specified by the REGULATIONS.
DATED this l`3 day of
Notary's Acknowledgment
State of 1 ffXr�
County of fl9 nit"
On this a 13 cP4k4-vCT �U{, before me personally appeared Luis Leal, tome known to be
the person described in and who executed the foregoing instrument and acknowledged to me that
Luis Leal executed the same as his free act eed.
MARMS hIM
W COMMISSION EXPIRES Notary Public
MIMI 1,2019
•N•
Secretary of State
Filed in the Office of the
P.O. Box 13697
Secretary of State of Texas
Austin, TX 78711-3697 Filing #: 801438366 06/13/2011
FAX: 512/463-5709 Document#: 37I990I70006
Certificate of Formation Image Generated Electronically
filing Fee: $300
Limited Liability Company for Web Filing
Article I -Entity Name and Type
The'filing--' entity-being- ---formed is a lim-i-ted-liability- ---company. The name of the entity, is:!MKS Real Estate LLC
----- ----- ------ -- .........................
Article 2-Registered Agent and Registered Office
----------------- -----------------
A.The initial registered agent is an organization (cannot be company named above) by the name of:
OR
r7B.The initial registered agent is an individual resident of the state whose name is set forth below:
;Name:
(Luis Leal
.............- ------- . ....... ....... . .... ........ --
- -------- .........
C.The business address of the registered agent and the registered office address is:
Street Address:
209 W. 2nd St., Suite 242 Fort Worth TX 76102
------- ------- ....... ...... . --- ---------- --- -
--- - --- -----
Consent of Registered Agent
........... ....... .... .........— ........ ... .......
ir-A.A copy of the consent of registered agent is attached.
OR
B.The consent of the registered agent is maintained by the entity.
Article 3-Governing Authority
WA.The limited lliability company i s to be managed by managers.
OR
The limited liability company will not have managers. Management of the company is reserved to the members.
The names and addresses of the governing persons are set forth below;
Manager 1: Luis Leal Title: Manager
Address: 209 W. 2nd St., Suite 242 Fort Worth TX, USA 76102
Article 4-Purpose
The purpose for which the company is organized is for the transaction of any and all lawful business for which limited
iliabilfty companies may be organized under the Texas Business Organizations Code.
Supplemental Provisions.1 Information
�The aftached addendum,If any,is incorporated herein hyrefemnoJ �
|
!
!
'`---Organizer
—'-----===----
t�i nii�e and iadiiii 6ifhe organizer are set forth below.
�Luis Leal 209 W. 2nd St., Suite 242, Fort Worth, TX 76102
Effectiveness of Filing
e A.This document becomes effective when the document is filed by the secmtary of state.
OR
isigning.The delayed effective date is:
Execution
a undersigned affirms that the person designated as registered agent has consented to the appointment. The
Pndersigned signs this document subject to the penalties imposed by law for the submission of a materially false or
,fraudulent instrument and certifies under penalty of pedury that the undersigned is authorized under the provisions of
Jaw governing the entity to execute the filing instrument.
Luis Leal
]Signature of Organizer
FILING OFFICE COPY