HomeMy WebLinkAboutContract 54308-PM2 CSC No. 54308-PM2
ART WMORT
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
STREET LIGHTING IMPROVEMENTS
TO SERVE
TAVOLO PARK-HARRIS PARKWAY
May, 2020
WATER PROJECT NO. 30114-0200431-102618-EO7685
FILE NO.W-2702
"X" NO. 26431
CITY PROJECT NO. 102618
Betsy Price David Cooke
Mayor City Manager
Christopher P. Harder, P.E.
Director, Water Department
William Johnson
Director Transportation and Public Works Department
Prepared for
The City of Fort Worth
May/2020
PREPARED BY
PELOTON LAND SOLUTIONS
11000 FRISCO STREET, SUITE 400
FRISCO, TX 75033
469-213-1800
TBPE NO. 12207p.��.�F r..
...........*
I UNNER R. SHEE75
...... .....................:.....�
OFFICIAL RECORD �i '133390 t
CITY SECRETARY 1+°Fs...... 44
io
FT. WORTH, TX i� ►`l�NS �I
0000 10. 1
TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page I or 4
1 SECTION 00 00 10
2 TABLE OF CONTENTS
3 DEVELOPER AWARDED PROJECTS
4
5 Division 00- General Conditions
6 0011 13 invitation t Uid a l.5
7 0021 13 5.,..t.uet:e s to Bidders
8 00 41 00 Bid Form
9 00 42 43 Proposal Form Unit Price
10 004313 Rid
12 0045 12 Prequalification Statement
14 00 45 26 Contractor Compliance with Workers`Compensation Law
15 00045 ,10 a♦.t:.eFity Business Ento,..dse Goal
16 00 52 43 Agreement
17 0061 25 Certificate of Insurance
18 0062 13 Performance Bond
19 0062 14 Payment Bond
20 0062 19 Maintenance Bond
21 09 72 90 6e1;eI- I CA.,a:t:,.,,q
22
23 0073 10 Standard City Conditions of the Construction Contract for Developer Awarded
24 Projects
25
26 Division 01 - General Requirements
27 01 11 00 Summary of Work
28 01 2500 Substitution Procedures
29 01 31 19 Preconstruction Meeting
30 '0-1 31 20 Project-Meet'e'i_a
31 01 32-16 Gon& -uc4ion P.-,,..,.ess c,.h. dul
32 01 3233 Preconstruction Video
33 01 3300 Submittals
34 01 35 13 Special Project Procedures
35 01 4523 Testing and Inspection Services
36 01 5000 Temporary Facilities and Controls
37 01 55 26 Street Use Permit and Modifications to Traffic Control
38 01 57 13 Storm Water Pollution Prevention Plan
39 01 58 13 Temporary Project Signage
40 01 6000 Product Requirements
41 01 6600 Product Storage and Handling Requirements
42 01 7000 Mobilization and Remobilization
43 01 71 23 construetiong
44 01 7423 Cleaning
45 01 77 19 Closeout Requirements
46 01 7823 Operation and Maintenance Data
47 01 7839 Project Record Documents
48
CITY OF FORT WORT[I Tavolo Park-Harris Parkway
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS--DEVELOPER AWARDED PROJECTS City Project No. 102618
Revised September 1,2015
aaoalag
TAB.LE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page z of4
1 Technical Specifications which have beenn modified by the Engineer specifically for this
2 Project; lard copies are included in the Project's Contract Doetmtents
3
4 None
5
6 Technical Specifications listed below are included for this Project by reference and can be
7 viewed/downloaded from the City's Humaki,site at:
8
9 1t[ns:Ht)rolecti)oitit.bttzzsaw.coni/el ient/forhvoi-ttipov_/Resources/02%20-
10 %20Consh'uction%20Documents/Specifi cat ions.
11
12 Division 02-Existing Conditions
13 0241 13 Selective Site Demolition
14 0241 14 Utility Rein oval/Abaltdotiment
15 0241 15 Paving Removal
16
17 Division 03-Concrete
18 03 3000 Cast-hi-Place Concrete
19 03 34 13 Controlled Low Strength Material(CLSM)
ci=n teii s--co-c,ciscx::
22
23 Division 26- Electrical
24 26 05 00 Common Work Results for Electrical
25W stems
26 26 05 33 Raceway and Boxes for Electrical Systems
27 26 05 43 Underground Ducts and Raceways for Electrical Systems
28
29 Division 31- Earthwork
30 31 10 n��-09 840 Qer�H+�g
31 312316- anckmstfied Fvieavatiei
32 31 2323 13efi:oT
33 31 2400 g.,,t,.,,,i,.,,ents
34 31 2500 Erosion and Sediment Control
35 31 3600 Gable,;;s
36 31 3700 Riprap
37
38 Division 32- Exterior Improvements
39 3 -01--1 pemia;t"!-sp
40 3201 18 Temporary Asphalt Paving Repair
41 3201 29 Concrete Paving Repair
42 32 1-1 23 r.le itiro n., -C
43 32 11 29 Lime Treated Base Courses
44 32 1-1-33 Cement Tj'eated Base Ceti
45 32 12 16 Asphalt Paving
46 32 1273 Asphalt Paving Q-aek Seal its
47 32 13 13 Concrete Paving
48 32 1320 Concrete Si&%valks, Driveways and Barrier Free Ramps
49 32 1373 Concrete Paving Joint Sealants
50
CITY OF FORT WORTH Tavolo Park-Harris Parkway
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS City Pro€ect No. 102618
Revised September 1,2015
0000 10-3
']'ABLE OF CONTENTS FOR DFVFI,OPFiR AWARDED PROJECTS
Page 3 of 4
1 32 16 13 Concrete Curb and Gutters and Valley Gutters
2 32 1723 Pavement Markings
3
4 3231 26 r;'ire I eiwes--and Gates
5 3231 2 9W oed Fences and Gates
G 32 32-13 Cast :, Place r,,, ete Retaining Walls
7 3291 19 Topsoil Placement and Finishing of Parkways
8 3292 13 Hydro-Mulching, Seeding, and Sodding
9 32 93 43 Trees and Shrubs
10
1 I Division 33- Utilities
12 �3-04-38 Sewer^, I r,r., t,,,t Testing
13 3301 31 Closed Gife,,:t Television<rrTNn his ee fly
14
15 3304 10joi-m Bonding and �l�.,a.•�.,�f l�.,issi-ivn
16 3301' ', 1 Corrosi;nGe u',est Stations
17 3304 r12 M i6ie sii"F' nn}b nv Cathodic Protection System
19 33 04 40 Cleaning and Acceptance'Testing of Water Mains
20 3305 10 Utility Trench Excavation,Frnbednrent,and Backfill
21 3305 12 Water Line Lowering
22 3305 13 Frame, Cover and Grade Rings
23 3305 14 Adjusting Manholes, Inlets, Valve Boxes,and Other Structures to Grade
24 3-3 0-5 16 t etasrete-WatE►,Vaults
25 33 05 17 Concrete Collars
26 33 0520 Auger Boring
27 33 05�21 T,,,,,,or r
28 33 05 22 Steel Casing Pipe
29
30 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate
31 33 05 26 Utility MaFliersiLeemors
32
33 33 It 10 Ductile Iron Pipe
34 33 11 11 Ductile Iron Fittings
35 33 11 12 Polyvinyl Chloride(PVC) Pressure Pipe
36 , eel
37 33 11 14 Buried Steel Pipe and Fittings
38 33-Iz 1 -----;':'at'.S e�;e^krch to 2-i Heh
39 33az` 11 Lafge„-Mer Meters
40 33 1220 Resilient Seated Gate Valve
41 33 1221 AIAIWA Rubber Seated Butterfly Valve&
42 33 1225 C-01ineetion to Existing Water Mains
43 33-123" Genic inatio Air Vary Assemblies fee Pet.ble Water
44 33 1240 Dry-Barrel Fire Hydrants
45 33 1250 Water Sample Stations
46
47
48 33 31 1-3 Fiberglass Reint'oreea Pipe for r_--it,. c.,.,:t.,,.,, Cewers
49 33 31 15 14DP€Pipe lie�nt�ita, Se"Te..5•nor=sty and FE),•,.c�
50 33 31 20 P61,,i-,1 C1s1er4de (PNIC)OF Sewer Pipe
CITY OF FORT WORTH Tavoln Park-Harris Parkway
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS City Project No. 102613
Revised September 1,2015
0000 10-4
TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 4 of 4
1
2
3 333
4 33 31
5
7 333920 Pfeeffst£af}efete Manhe
8 33 39
9
10 33 39
11 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts
12
13
14 33 46 01 S164ed Sta f.f, Dfakis
15 33 n 6 m Tfeii,.
16 33 49 10 Cast-in-Place Manholes and Junction Boxes
17 33 49 20 Curb and Drop Inlets
18 33 49 40 Storm Drainage Headwalls and Wingwalls
19
20 Division 34-Transportation
21
22
23 34 41 20 Roadway illumination Assemblies
24 3441 30 Aluminum Signs
25 3471 13 Traffic Control
26
27 Appendix
28
29
30
32
33 GG 6.07 Wage Rates
35 GG 6.224 N andi,,,.iffi ft +ia
36 GR-01 60 00 Product Requirements (Product List)
37
38 END OF SECTION
CTTY OF FORT WORTH Tavolo Park-Harris Parkway
STANDARD CONSTRUCTTON SPECTFTCATTON DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project No.102618
Revised September 1,2015
SECTION 00 41 00—PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: Pate Ranch Commercial, LP
PROPOSAL FOR: STREET LIGHT IMPROVEMENTS
PROJECT NAME: TAVOLO PARK-HARRIS PARKWAY
FILE NO. W-2702
CITY PROJECT NO. 102618
Includes the furnishing of all materials, equipment and labor for the installation of median
openings, left turn lane, water Improvements and all necessary appurtenances and incidental
work to provide a complete and serviceable project designated as:
STREET LIGHT IMPROVEMENTS
TO SERVE TAVOLO PARK-HARRIS PARKWAY
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, the Technical
Specifications listed in this contract, the site of the project and understanding the amount of work
to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor,
equipment and material except as specified to be furnished by the City, which is necessary to
fully complete the work as provided in the Plans and Contract Documents and subject to the
inspection and approval of the Director of the Department of Transportation & Public Works of
the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a
contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and
such other bonds, if any, as may be required by the Contract Documents for the performing and
completing of the said work. Contractor proposes to do the work within the time stated and for
the following sums:
Furnish and install, including all appurtenant work, complete in place, the following items:
Page 1 of
PART B - PROPOSAL (Cont.)
After acceptance of this Proposal, the undersigned will execute the formal contract and will
deliver an approved Surety Bond and such other bonds as required by the Contract Documents,
for the faithful performance of the Contract. The attached bid security, if required, is to become
the property of the Developer.
The successful bidder shall be required to perform the work in accord with these contract
documents and the technical specifications available in the City of Fort Worth's Buzzsaw site
and incorporated herein and made a part hereof for all purposes.
The undersigned assures that its employees and applicants for employment and those of any
labor organization, subcontractors, or employment agency in either furnishing or referring
employee applicants to the undersigned are not discriminated against as prohibited by the terms
of City Ordinance No. 7278 as amended by City Ordinance No. 7400.
Page 2 of 3
The Bidder agrees to begin construction within calendar days after issue of the
work order, and to complete the contract within 12( o ) working days after
beginning canstruction as set forth in the written work order to be furnished by the Owner.
I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have been taken into consideration on preparation of the
foregoing bid:
Addendum No. I (Initials) Addendum No. 3 (Initials)
Addendum No. 2 (Initials) Addendum No. 4 (Initials)
Respectfully submitted,
C&S Utility Contractors, Inc.
Name of Contractor
By:
(Signature)
Charles Wesley Saylors
(Printed Name)
Title: President
Company Name: C&S Utility Contractors, Inc.
Address: 6705 HWY 287
Arlington,TX 76001
Email: wesley@csutility.com
Telephone: 817-829-9623
Page 3 of
Cti 42 33
TIAP n7Y F'?.OMSU
Pis=
SECTION 00 42 43
Oevelcper Awarded Projects-PROPOSAL FORM
UNIT PRIG BID Bidder's Application
Project hem Wonnatiwr Bidder's Proposal
Bids them SNcifcation unutof Bid
No. €lescriptioa S`•c—No. Aleasure Quaafit} U,13t Price Bid Valve
UNIT V:STREET L GHTING IMPR0VEMEWTS
1 2605.3015 2"CONOT PVC SCH 20 IT) 2805 33 LF 3615 $12.00 $43.380.00
2 3441.150213 round Box Type 8,w/Apron 344120 EA 3 $550.00 $1,650.00
3 3441.3 301 Rdwy Ilium foundation TY 1,2,a nd 4 344120 EA 8 $1,050.00 $8.400.00
4 3441.3302Rdwylllum foundation TY3,5,6,and8 344121) EA 10 $1,250.00 $12,500.00
5 3441.1409 NOS Insulated ElecCondr 344120 LF 10775 $1.00 $10.775.00
6 3441.1410 NO 101nsulated Elec Condr 00 00 00 LF 3800 $1.00 $3,600.00
7 autIT22FN.�ns.324o.0 4 Sill Ph—1nne=t.-nva;e—Px.-A 34 41 20 )<A 4 $5.500.00 $5,500.00
nm�s r nay UM J--%, ,ms _ m3 ots ct 354120
8 CortedinRAL•9UI7TraffcBlack EA 10 $3,380.00 $33.600.00
3a-Sl, -511Fum� MallR,,ay Baum TY I Pole•po,du CQwd KAL-Sp 17 364120 £A
Tmffic Black 8 $2,410.00 $19,280.00
10 37 41 20 EA
3a41 mi,3U5U FushIrstall LED Lighting Fisturz(lUli'=1T60 Cobra€lzad Blael) 8 $550.00 $4,400.00
11 384120 FA
3a-4I,3051 Fumish7tutall LED Ligl l.g F,It i�(137W ATBO Cotm Head Bha l) 10 $5.UO. $5,750.00
12
13
14
15
16
17
16
19
20
.. 21 __ _..._.._. . .
22
23
24 .. _...
25
26
27
28
29
30
31
32
33
34
35
36 .
37
38
3s . .
40
41
42
43
TOTAL U NIT V:STREETLIGFI NGIMPROVEMENT$ $149,035.00
Contrxtor agrees to complete WORK for FINAL ACCEPTANCE within 120.`:- <:working dabs after the date when the
CONTRACT commences to run as p,4,ided in the Genera€Conditions.
E:NA OF$E(3iOY
city fiF tORF Y5'oRIH
ST\hT1:V2I1 IXR(4RCC fko?SPEi itWATIO14 1"I IIWNTS.6EVLI.i ER A%1hk11iD PR0:E l:T3
F.—Vcrr:.n ScTsr::4sr I.",15 01241 n:31Yret 1II.i
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------------
-----------
0045 12
OAP PREQUAt.IFWATION STATEMENT
Page 1 01 1
SECTION 00 45 12
DAP—PREQUALIFICATION STATEMENT
Each Bidder is required to complete the information below by identilying the prequalified contractors
and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the"Major Work
Type" box.provide the complete major work e and actual descri tiorl as provided by the Water
Department for water ap.id sewer and T W for paving_
Major Work'rype Contractor/Subcontractor Company Name Prequalification
Ex iratiori Date
CONCRETE CON/RECON
UNLIMITED
WATER, SANITARY SEWER,
STORM SEWER
STREET LIGHTS C&S Utility Contractors, Inc. 03/03/2022
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above
are currently prequalified for the work types listed.
BIDDER:
BY:
(Signature)
TITLE:
President
DATE:
04/29/2020
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSIRUCTfONPREQUALIFICATIONSTATEMENT--DEVELOPERAWARDEDPROJECTS 004512_Prequ IiRcatlon Statement 2015_DAP
Form Version September 1,2015
00 45 26-1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
1 SECTION 00 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
3 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it
4 provides worker's compensation insurance coverage for all of its employces employed on City
5 Project No. 102618. Contractor further certifies that, pursuant to Texas Labor Code, Section
6 406.096(b),as amended, it Will provide to City its subcontractor's certificates of compliance With
7 worker's compensation coverage.
8
9 CONTRACTOR:
10
I 1 C&S Utility Contractors, Inc. By; Charles Wesley Saylors
12 Company (Please Print)
13 ��14 6705 HWY 287 Signature;
15 Address
16
17 Arlington, TX 76001 Title: President
18 City/State/Zip (Please Print)
19
20
21 THE STATE Of TEXAS §
22
23 COUNTY OF TARRANT §
24
25 BEFORE ME, the undersigned authority, on this day personally appeared
26 Charles Wesley Saylors , known to me to be the person whose name is
27 subscribed to the foregoing instrument, and acknowledged to me that lie/site executed the same as
28 the act and deed of C&S Utility Contractors, Inc. for the purposes and
29 consideration therein expressed and in the capacity therein stated.
30
31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this o7� day of
32 , 209,
33
34
35
36 Notary PLibli nt alid of the State of Texas
37
38 END OF SECTION BLAKE MENAPACE:
Notd ry Ib#130991076
My Commission Expires
ar@u +'9 Feb2,2021
CITY OF FORT WOWrH Tavolo fart;-Harris Parkway
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102618
Revised April 2,2014
00 52 43- 1
Developer Awarded Project Agreement
Page l of 4
1 SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT, authorized oil 04/29I2020 is made by and between the Developer,
4 Pate Ranch Commercial, LP., authorized to do business it, "Texas ("Developer") , and
5 C&S Utility Contractors,inc. (Contractor), authorized to do business in Texas, acting by and through its duly
6 authorized representative, ("Contractor").
7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1, WORK
10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
1 1 Project identified hercin.
12 Article 2. PROJECT
13 The project for which the Work under the Contract Documents may be the whole or only a part is
14 generally described as follows:
15 TAVOLO PARK-HARRIS PARKWAY
16 City Project No. 102618
17 Article 3. CONTRACT TIME
18 3.1 Time is of the essence.
19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
20 Documents are of the essence to this Contract.
21 12 Final Acceptance.
22 The Work will be complete for Final Acceptance within e 120..._._} working days after the
23 date when the Contract Time commences to run as provided in Paragraph 12.04 of the
24 Standard City Conditions of the Construction Contract for Developer Awarded Projects.
25 3.3 Liquidated damages
26 Contractor recognizes that time is of the essence of this Agreement and that Developer
27 will suffer financial loss if the Work is not completed within the times specified in
28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of
29 the Standard City Conditions of the Construction Contract for Developer Awarded
30 Projects, The Contractor also recognizes the delays, expense and difficulties involved in
31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
32 completed on tinge. Accordingly, instead of requiring any such proof, Contractor agrees
33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay
34 Developer One Thousand Dollars ($1 0. 00.00) for each day that expires after the time
35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Filial fetter of
36 Acceptance.
37
38
39
CITY OF FORT WORTH Tavolo Park-I larris Parkway
STANDARD CONSTRUCTION SPECIFICATION DOCUI TENTS—DEVELOPER AWARDED PROJECTS City Project No. 102618
Revised June 16,2016
00 52 43-2
Developer Awarded Project Agreement
Page 2 of4
40 Article 4. CONTRACT PRICE
41 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract
42 Documents an amount in current funds of One hundred forty-nine thousand thirty-five Dollars
43 ($149,035.40 ).
44 Article 5. CONTRACT DOCUMENTS
45 5.1 CONTENTS:
46 A. The Contract Documents which comprise the entire agreement between Developer and
47 Contractor concerning the Work consist of the following:
48 1. This Agreement.
49 2. Attachments to this Agreement:
50 a. Bid Form (As provided by Developer)
51 1) Proposal Form (DAP Version)
52 2) Prequalification Statement
53 3) State and Federal documents(project specific)
54 b. Insurance ACORD Form(s)
55 c. Payment Bond(DAP Version)
56 d. Performance Bond(DAP Version)
57 e. Maintenance Bond (DAP Version)
58 f. Power of Attorney for the Bonds
59 g. Worker's Compensation Affidavit
60 h. MBE and/or SBE Commitment Form(If required)
61 3. Standard City General Conditions of the Construction Contract for Developer
62 Awarded Projects.
63 4, Supplementary Conditions,
64 5. Specifications specifically made a part of the Contract Documents by attachment
65 or, if not attached, as incorporated by reference and described in the Table of
66 Contents of the Project's Contract Documents.
67 6. Drawings.
68 7. Addenda.
69 8. Documentation submitted by Contractor prior to Notice of Award.
70 9. The following which may be delivered or issued after the Effective Date of the
71 Agreement and, if issued, become an incorporated part of the Contract Documents:
72 a. Notice to Proceed.
73 b. Field Orders.
74 c. Change Orders.
75 d. Letter of Final Acceptance.
76
77
CH'Y OF FORT WOR'm Tavolo Park-Harris Parkway
STANDARD CONSTRUCI JON SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project No. 10261$
Revised June 16,2016
005243-3
Developer Awarded Project Agreement
Page 3of4
78 Article 6. INDEMNIFICATION
79 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
80 expense, the city, its officers, servants and employees, from and against any and all
81 claims arising out of, or alleged to arise out of, the work and services to be performed
82 by tile contractor, its officers, agents, employees, subcontractors, licenses or invitees
83 under this contract. This indemnification provision is s ecificall v intended tooperate
84 and be effective even if it is alle ed or proven that all or some of the damn es being
85 sought were caused in whole or in part, by any act omission or negligence of the city.
86 This indemnity provision is intended to include, without limitation, indemnity for
87 costs, expenses and legal fees incurred by the city in defending against such claims and
88 causes of actions.
89
90 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
91 the city,its officers,servants and employees,front an(] against any and all loss,damage
92 or destruction of property of the city,arising out of,or alleged to arise out of, the work
93 and services to be performed by the contractor, its officers, agents, employees,
94 subcontractors, licensees or invitees under this contract. This indemnification
95 provision is specifigaill intended to operate and be effective even if it is alle etl or
96 proven that all or some of the damages being sought were caused in whole or in l2all
97 by anv act omission or negligence of the city.
98
99 Article 7. MISCELLANEOUS
100 7.1 Terms.
101 Terms used in this Agreement are defined in Article I of the Standard City Conditions of
102 the Construction Contract for Developer Awarded Projects.
103 7.2 Assignment of Contract,
104 This Agreement, including all of the Contract Documents may not be assigned by the
105 Contractor without the advanced express written consent of the Developer.
106 7.3 Successors and Assigns.
107 Developer and Contractor each binds itself, its partners, successors, assigns and legal
108 representatives to the other party hereto, in respect to all covenants, agreements and
109 obligations contained in the Contract Documents,
110 7.4 Severability.
1l 1 Any provision or part of the Contract Documents held to be unconstitutional, void or
112 €menforceable by a court of competent jurisdiction shall be deemed stricken, and all
113 remaining provisions shall continue to be valid and binding upon DEVELOPER and
114 CONTRACTOR.
115 7.5 Governing Law and Venue.
116 This Agreement, including all of the Contract Doc€iments is performable in the State of
117 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
118 Northern District of Texas, Fort Worth Division.
CITY OF PORT WORTH Tavolo Park-Harris Parkv%ay
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS T-DEVELOPER AWARDED PROJECTS City Project No. 102618
Revised June 16,2016
(105243-4
Developer A%wrded Project Agreement
Page 4 ol'4
119
120 7.6 Authority to Sign.
121 Contractor steal{ altach evidence of authority to sign Agreement, if other than duly
122 authorized signatory of the Contractor.
123
1214 IN WITNESS WHEREOF, Developer and Contractor have exeeuted this Agreement in multiple
125 counterparts.
126
127 This Agreement is effective as of the last(late signed by the Parties ("Effective Date").
128
Contractor: Developer:
C&S Utility Contractors, Inc. 0*1f 4, &.c j c, L P
41+: ,0,QA P9FE RAacM 6P 1,
%o,1 ADMNSTAAfO
By: By;
(Signature) (Si Iaturc)
Charles Wesley Saylors a Ra I+Aw
(Printed Name) (Printed Name)
Title: President Title: vi c.t: ,040s ju15,vT
C&S Utility Contractors, Inc. Pate Ranch Commercial,LP
Company Name: Company Name:
6705 HWY 287 10210 North Central Expressway
Address: Address:
Arlington, TX 76001 Dallas, Texas 75231
City/State/Zip: City/State/Zip:
04/29/2020 7 1,2 o Z O
Date DateIF
129
CITY OF FORT WORTH •I'ovolo Park-[Harris Parkway
.TANDARD CYNSTRUC1 ION SPECIT-ICATION DOCUMENTS—DEVLLOPER AWA ZDED PROJECTS City Project No. 102618
Revised June.16,2016
00 61 25- 1
CERTIFICATE OF INSURANCE
Page I of€
1 SECTION 00 6125
2 CERTIFICATE OF INSURANCE
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
IS
19
20
21
22 END OF SECTION
CITY OF FORT WORTH Tavolo Park--Harris Parkway
STANDARD CONSTRUCTION SPPCIFICATION DOCUMENTS City Project No. 102618
Revised July 1,20l 1
0062B-I
PERFORMANCE BOND
Page I of 2
1 SECTION 00 62 13
2 PERFORMANCE BOND
3 Bond #4434098
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, C&S Utility contractors, Inc. , known as "Principal"herein and
SureTec Insurance Company
9 , a corporate surety(sureties, if more than
10 one) duly authorized to do business in the State of Texas, known as"Surety"herein(whether one
I 1 or more), are held and firmly bound unto the Developer, Pate Ranch Commercial,LP authorized
12 to do business in Texas ("Developer")and the City of Fort Worth, a Texas municipal corporation
13 ("City"), in the penal sum of, one hundred forty nine thousand thirty five
14 dollars and zero cents ($ 149,035.00 ), lawfid money of the United States,to
15 be paid in Fort Worth,Tarrant County,Texas for the payment of which sum well and truly to be
16 made jointly unto the Developer and the City as dual obligees,we bind ourselves,our heirs,
17 executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
18 WHEREAS, Developer and City have entered into an Agreement for the construction of
19 community facilities in the City of Fort Worth by and through a Community Facilities
20 Agreement, CFA Number 19-0004; and
21 WHEREAS,the Principal has entered into a certain written contract with the Developer awarded
22 the -91 day of /f A ,20 7�0, which Contract is hereby referred to and made a
23 part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor
24 and other accessories defined by law, in the prosecution of the Work, including any Change
25 Orders, as provided for in said Contract designated as Utility and Paving Improvements to Serve
26 Tavolo Park-Harris Parkway.
27 NOW,THEREFORE, the condition of this obligation is such that if the said Principal
28 shall faithfirlly perform it obligations under the Contract and shall in all respects duly and
29 faithfully perform the Work, including Change Orders,under the Contract, according to the plans,
30 specifications, and contract documents therein referred to, and as well during any period of
31 extension of the Contract that may be granted on the part of the Developer and/or City,then this
32 obligation shall be and become null and void,otherwise to remain in full force and effect.
33 PROVIDED FURTHER, that if any legal action be filed on this Bond,venue shall lie in
34 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
35 Worth Division.
CITY OF FORT WORTH Tavolo Park—Harris Parkway
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project No. 102618
Revised January 31,2012
00 62 13-2
PERFOR.4IANCE BOND
Page 2 of 2
l This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the 30th day of
6 April ,20 20.
7 PRINCIPAL:
8
9 C&S Utility Contractors, Inc .
10
11 BY:
12 Signature
13 ATTEST:
14
15 Charles Saylors, President
16 (Principal) Secretary Name and Title
17
18 Address:
19 6705 US Highway 287
20 AM on, TX 76001
21
22 Witn ss a o Principal
23 SURETY:
24
25 SureTec Insurance Comparl�
26
27 �--
28 BY:
29 Signature
30
31 Rebecca Rockett, Attorney.-In-Fact_
32 Name and Title
33
34 Address:
35 15370 Watson Drive
36 = Kemp, TX 75143
37
t�L
38 fitness as to Suret Telephone Number: 214-382-0761
39
40
41
42 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
43 from the by-laws showing that this person has authority to sign such obligation. If
44 Surety's physical address is different from its mailing address, both must be provided.
45
46 The date of the bond sliall not be prior to the date the Contract is awarded.
47
CITY OF FORT WORTH Tavalo Park-Harris Parkway
STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS City Project No. 10261 R
Revised January 31,2012
POA tt:4221716
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under die laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Christian Merritt, Rebecca Rockett
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute,acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for,providing the bond penalty does not exceed
One Million and 001100 Dollars($1,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary,
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting field on 20 of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to
be hereto affixed this 21s1 day of November ,A.D.2ole .
10
•., SURETEC CE PANY
S�yRANp
F0,
x o By:
Ww John Kr Jr.,C . L
State of Texas ss:
County of Harris
On this 21st day of November , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn,did depose and say,
that he resides in Houston,Texas, that he is CEO of SURETEC INSURANCE COMPANY,the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
xf;rtll. r,I+AvF.r
Ct4bIi4,Slate of Tnynr
:,• a4'� i-c ntn.tixh+r'us u9-10-2020
Xe ave biota Public
1Juta, ID 129117669 Z'
y commission expires September 1 ,2020
i,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company, which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,se;
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston,Texas this :?C lday ofMA ,k , A.D.
_M9. V
�Br teta
Any Instrument Issued In excess of the penalty slated above Is totally void and without any validity.
Forveriflcatlon of the authority of this power you may call(713)R12-0800 any business day between 8:30 am and 5.00 pm CST,
SureT"ec Insurance Company
IMPORTANT NOTICE
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make
a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin,TX 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints
at 1-800-252- 3439. You may write the Texas Department of Insurance at:
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-490-1007
Web: http://www.tdi.texas.gov
Email: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
-------------------------------------------------- ----------------------------------------------------------w---------------
Texas Rider 8/2019
SureT'ec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
FORCE MAJEURE RIDER
The obligations of the Surety and Principal under the Bond or Bonds to which this Rider is
annexed are subject to the following limitations and conditions, to wit: that, it is a condition
precedent to their liability hereunder that the contractual obligation (the contract or
subcontract, as the case may be, being referred to in this Rider as the "Contract") between
the Principal and the Obligee underlying this Bond includes (or shall be considered amended
to include) a Force Majeure exclusion holding that the Principal and its Sureties shall not be
held liable under this Bond or under the Contract for any impacts, delays, defaults, or
damages related to Principal's work arising from, or related to epidemics, pandemics,
medical emergencies, supply line interruptions, or natural disasters impacting the work
required by the Contract, regardless of where such events occur, acts of God, terrorism,
war, acts of government or administrative suspension, limitation, or shut-down, or the
direct or indirect consequences or aftermath of any of the foregoing, and the Contract
further provides that the Principal shall be entitled to an extension of the Contract Time and
an equitable adjustment of the Contract Price, as a result of any of the exclusions
heretofore cited. In the event the provisions for force majeure, time extensions, or
equitable adjustment for time and money are more favorable to Principal in the Contract,
than in this Rider, the more favorable shall apply.
Revised 3-2009
00 62 14- I
PAYMENT BOND
Page 1 of 2
1 SECTION 00 62 14
2 PAYMENT BOND
3 Bond #4434098
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TA.RRANT §
7
8 That weC&S Utility Contractors, I9c known as "Principal" herein, and
9 SureTec Insurance Company a corporate surety ( or
10 sureties if more than one), duly authorized to do business in the State of Texas, known as
11 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Pate
12 Ranch Commercial, LP., authorized to do business in Texas "(Developer"), and the City of Fort
13 Worth, a Texas municipal corporation ("City"), in the penal sum of
14 one hundred forty nine thousand thirty five dollars and zero cents ($149,035.00_ ),
15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the
16 payment of which sum well and truly be made jointly unto the Developer and the City as dual
17 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly
18 and severally, firmly by these presents:
19 WHEREAS, Developer and City have entered into an Agreement for the construction of
20 community facilities in the City of Fort Worth, by and through a Community Facilities
21 Agreement, CFA Number 19-0004; and
22 WHEREAS, Principal has entered into a certain written Contract with Developer,
23 awarded the t day of A�!L 20 -'�cl , which Contract is hereby
24 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all
25 materials, equipment, labor and other accessories as defined by law, in the prosecution of the
26 Work as provided for in said Contract and designated as Utility and Paving Improvements to
27 Serve Tavolo Park-Harris Parkway.
28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
32 force and effect.
33 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
34 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
35 accordance with the provisions of said statute.
CITY OF FORT WORTH Tavolo Park—Harris Parkway
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project No,102618
Revised January 31,2012
006214-2
PAYMENT BOND
Page 2 or2
l IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the 30th day of
3 April , 2020
4
PRINCIPAL:
C&S Utility Contractors, Inc.
ATTEST: BY:
Signature
Charles Saylors, President
(Principal) Secretary Name and Title
Address: 6705 US Highway 287
Arlington, TX 76001
Witness s to 'ucipal
SURETY:
SureTec Insurance Company
ATTEST: BY: Lucark, Ya-k*
Signature
Rebecca Rockett, Attorne-In Fact
(Surety)Secretary Name and Title
Address: 15370 Watson Drive
db,ng Kemp, TX 75143
Witness as to Sure
Telephone Number: 214-382-0761
5
6 Note: If signed by an officer of the Surety, there roust be on file a certified extract fi•om the
7 bylaws showing that this person has authority to sign such obligation. If Surety's physical
S address is different from its mailing address,both must be provided.
9
10 The date of the bond shall not be prior to the date the Contract is awarded.
I 1 END OF SECTION
12
CITY OF FORT WORTH Tavolo Park-Harris Parkway
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project No,102618
Revised January 31,2012
POA Nr 4221716
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men 6p These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Christian Merritt, Rebecca Rockelt
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute,acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for,providing the bond penalty does not exceed
One Million and 00/100 Dollars($1,000,000.00)
and to bind the Company thereby as fully and to the saute extent as if such bond were signed by the CEO,sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attornq-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of allomey or certificate bearing facsimile signature or facsimile seal shall he valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20,afApril.
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to
be hereto affixed this 21si day of November ,A.D. 2018 .
SURETEC CE fl'ANY
XAN���
�. % ^4 By,
John K Jr.,C ?
State of Texas ss:
County of Harris
On this 21st day of November , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn,.lid depose and say,
that he resides in Houston,Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which axectited the above
instrument;that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
y,l:tilf CHAVET
-.,bt➢r�6. .
Aintary Public.State of Taxfts
Expires 09.10-2020
XE avez, Notary Public
"V4 ni+t Nwary 10 129117889
commission expires September 1 ,2020
1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my (rand and the seal of said Company at Houston, Texas this (lay of .,, A.D.
ABrAttbeaty,Assl tent Secrets
Any Instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST.
SureTec Insurance Company
IMPORTANT NOTICE
Statutory Complaint Notice/Piling of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make
a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin,TX 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints
at 1-800-252- 3439. You may write the Texas Department of Insurance at:
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-490-1007
Web: http://www.td!.texas.gov
Email: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
-----------------------------------------------------------------------------------------------------------------------------
Texas Rider 8/2019
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
FORCE MAJEURE RIDER
The obligations of the Surety and Principal under the Bond or Bonds to which this Rider is
annexed are subject to the following limitations and conditions, to wit: that, it is a condition
precedent to their liability hereunder that the contractual obligation (the contract or
subcontract, as the case may be, being referred to in this Rider as the "Contract") between
the Principal and the Obligee underlying this Bond includes (or shall be considered amended
to include) a Force Majeure exclusion holding that the Principal and its Sureties shall not be
held liable under this Bond or under the Contract for any impacts, delays, defaults, or
damages related to Principal's work arising from, or related to epidemics, pandemics,
medical emergencies, supply line interruptions, or natural disasters impacting the work
required by the Contract, regardless of where such events occur, acts of God, terrorism,
war, acts of government or administrative suspension, limitation, or shutdown, or the
direct or indirect consequences or aftermath of any of the foregoing, and the Contract
further provides that the Principal shall be entitled to an extension of the Contract Time and
an equitable adjustment of the Contract Price, as a result of any of the exclusions
heretofore cited. In the event the provisions for force majeure, time extensions, or
equitable adjustment for time and money are more favorable to Principal in the Contract,
than in this Rider, the more favorable shall apply.
Revised 3-2009
0062 19- 1
MAINTENANCE BOND
Page I of 3
1 SECTION 00 62 19
2 MAINTENANCE BOND
3 Bond #4434098
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we C&S utility Contractors Inc. , known as"Principal"herein and
9 SureTec , a corporate surety (sureties, if more than
10 one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one
I 1 or more),are held and firmly bound unto the Developer, Pate Ranch Commercial LP.,
12 authorized to do business in Texas("Developer")and the City of Fort Worth, a Texas municipal
13 corporation("City"), in the sum of
14 one hundred forty nine thousand thirty five dollars
15 and zero cents ($ 149,035.00 }, lawful money of the United
16 States, to be paid in Fort Worth, Tarrant County,Texas, for payment of which sum well and truly
17 be made jointly unto the Developer and the City as dual obligees and their successors,we bind
18 ourselves, our heirs,executors, administrators,successors and assigns,jointly and severally,
19 firnnly by these presents.
20 WHEREAS, Developer and City have entered into an Agreement for the construction of
21 community facilitics in the City of Fort Worth by and through a Community Facilities
22 Agreement, CFA Number 19-0004; and
23 WHEREAS,the Principal has entered into a certain written contract with the Developer
24 awarded the.21 day of ��-- ,20!?! , which Contract is
25 hereby referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all
26 materials, equipment labor and other accessories as defined by law, in the prosecution of the
27 Work, including any Work resulting from a duly authorized Change Order(collectively herein,
28 the"Work") as provided for in said Contract and designated as Utility and Paving Improvements
29 to Serve Tayolo Park-Harris Parkway; and
30
31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
32 accordance with the plans,specifications and Contract Documents that the Work is and will
33 remain free from defects in materials or workmanship for and during the period of two(2) years
34 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and
35
CITY OF FORT WORTH Tavolo Park—Harris Parkway
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project No, 102618
Revised January 31,2012
006219-2
MAINTENANCE BOND
Page 2 of 3
1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
2 upon receiving notice from the Developer and/or City of the need thereof at any time within the
3 Maintenance Period.
4
5 NOW THEREFORE, the condition of this obligation is such that if Principal shall
6 remedy any defective Work, for which timely notice was provided by Developer or City, to a
7 completion satisfactory to the City, then this obligation shall became null and void; otherwise to
8 remain in full force and effect.
9
10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
11 noticed defective Work, it is agreed that the Developer or City may cause any and all such
12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne
13 by the Principal and the Surety under this Maintenance Bond; and
14
15 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in
16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
17 Worth Division; and
18
19 PROVIDED FURTHER,that this obligation shall be continuous in nature and
20 successive recoveries may be had hereon for successive breaches.
21
22
23
24
CITY OF FORT WORTH Tavolo Parts—Harris Parkway
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project No. 102618
Revised January 31,2012
006219-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instilmient by duly authorized agents and officers on this the 30th day of April
3 , 2020
4
S PRINCIPAL:
6
7 C&S Utility contractors Inc,
8
9 BY: f�
10 Signature
11 ATTEST:
12
13 Charles Saylors, President
14 (Principal)Secretary Name and Title
15
16 Address: 6705 US Highway 287
17 Arlington, TX 76001
1$
19 Witn ss a Principal
20 SURETY
21 SureTec Insurance Company
22 - --
23 - --
24 BY: 0 wow, �WI
25 Signature
26
27 Rebecca Rocltett, Attorney-In-Fact
28 ATTEST: Name and Title
29
30 Address: 15370 Matson Drive
31 (Surety)Secretary emp, TX 75143
32
33
34
35 Witness as tuqv(
Telephone Nmnber:214-382-0761
36
37 *Note: If signed by all officer of the Surety Company, there must be on file a certified extract
38 from the by-laws showing that this person has authority to sign such obligation. if
39 Surety's physical address is different from its mailing address, both must be provided.
40
41 The date of the bond shall not be prior to the date the Contract is awarded.
42
CITY OF FORT WORTH Tavoto Parts—Harris Parkway
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project No. 102618
Revised January 31,2012
POA a:4221716
SureTec Insurance Company
LUMTED POWER OF ATTORNEY
Knox Atl Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Christian Merritt, Rebecca Rockelt
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for,providing the bond penalty does not exceed
One Million and 001100 Dollars($1,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTee
Insurance Company:
Be it Resolved, that the President,any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall he and is
hereby vested with full power and authority to appoint tiny one or more suitable persons as Attorntsy(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to
be hereto affixed this 2tsi day of November ,A.D. 2018 .
SURETEC CE IPANY
�UBAN�+F
��iu 6 ]� John Jr.,C
State of Texas ss: dY
County of Harris ..........
On this 21st day of November , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly Sworn,did depose and say,
that he resides in Houston,Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in wid which executed the above
instrument;that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seat;that it was so-affirrd by order of the
Board of Directors of said Company;and that ire signed his name thereto by like order.
Ftntdry F'tit)Ilc,Srata of Text]"
::,.l�1'.'�'� �_t�nnr.t:xpirus U9t0-2o247
f' rt�ta�y III t28i17titi8 Xe ' avez,Notary Public
conunission expires September 1 ,2020
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect. J�
Given under my hand and the seal of said Company at'Houston, Texas this " MA day of T Zk1 , A.D, j
I
llr t eaty,Assi tent Secrets
Any Instrument Issued In excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business(Jay hotweon 8:30 am and 6:00 pin CST,
SureT'ec Insurance Company
IMPORTANT NOTICE
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make
a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, TX 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints
at 1-800-252- 3439. You may write the Texas Department of Insurance at:
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-490-1007
Web: http://www.tdi.texas.gov
Email: ConsumerProtection@td!.texas.gov
PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
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Texas Rider 9/2019 1
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
FORCE MAJEURE RIDER
The obligations of the Surety and Principal under the Bond or Bonds to which this Rider is
annexed are subject to the following limitations and conditions, to wit: that, it is a condition
precedent to their liability hereunder that the contractual obligation (the contract or
subcontract, as the case may be, being referred to in this Rider as the "Contract") between
the Principal and the Obligee underlying this Bond includes (or shall be considered amended
to include) a Force Majeure exclusion holding that the Principal and its Sureties shall not be
held liable under this Bond or under the Contract for any impacts, delays, defaults, or
damages related to Principal's work arising from, or related to epidemics, pandemics,
medical emergencies, supply line interruptions, or natural disasters impacting the work
required by the Contract, regardless of where such events occur, acts of God, terrorism,
war, acts of government or administrative suspension, limitation, or shut-down, or the
direct or indirect consequences or aftermath of any of the foregoing, and the Contract
further provides that the Principal shall be entitled to an extension of the Contract Time and
an equitable adjustment of the Contract Price, as a result of any of the exclusions
heretofore cited. In the event the provisions for force majeure, time extensions, or
equitable adjustment for time and money are more favorable to Principal in the Contract,
than in this Rider, the more favorable shall apply.
Revised 3-2009