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Home My WebLink About062451-FP4 - Construction-Related - Contract - PCI Construction-FP4 City Secretary 62451 Contract No. FQRT�VORTH� Date Received 2�26/2026 AT NOTICE OF PROJECT COMPLETION (Developer Projects) The Transportation and Public Works Department upon the recommendation of the Project Manager has accepted the following project as complete: Project Name: Augusta Square Ph.2 City Project No.: 105728 Improvement Type(s): Water � Sewer � Original Contract Price: Amount of Approved Change Order(s) Revised Contract Amount: Total Cost of Work Complete: �� Contractor Vice President of Operation Title PCI Construction Company Name K� i�"�,� Project Inspector �� Project Manager a�� CFA Manager La�e�• 2fi2:i 13 '13 44 (;ST i TPW Director $476,463.50 $0.00 $476,463.50 $476,463.50 02/20/2026 Date 02/20/2026 Date 02/23/2026 Date 02/26/2026 Date 02/26/2026 Date OFFICIAL RECORD I CITY SECRETARY Page 1 of 2 FT. WORTH, TX Notice of Project Completion Project Name: Augusta Square Ph.2 City Project No.: 105728 City's Attachments Final Pay Estimate 0 Change Order(s): ❑ Yes 0 N/A Pipe Report: 0 Yes ❑ N/A Contractor's Attachments f� Affidavit of Bills Paid � Consent of Surety ' �� . Statement of Contract Time Contract Time: 110 WD Work Start Date: 4/14/2025 Completed number of Soil Lab Test: 264 Completed number of Water Test: 9 Days Charged: 163 WD Work Complete Date:1/12/2026 Page 2 of 2 F��r ��Tx CITY OF FORT WORTH F1NAL PAYMENT REQUEST Contract Name AUGUSTA SQUARE PHASE 2 Contract Limits Project Type WATER & SEWER City Project Numbers 105728 DOE Number 572g Estimate Number 1 Payment Number 1 City Secretary Contract Number Contract Date Project Manager NA Contractor PCI CONSTRUCTION, INC. P.O. BOX 2967 Inspectors McKI1VNEY� TX 75070 G. DEYON / K. JACKSON For Period Ending 1/12/2026 WD Contract Time 3�JD Days Charged to Date 163 Contract is 100.00 Complete Friday, February 27, 2026 Page 1 of 5 City Project Numbers 105728 Contract Name AUGUSTA SQUARE PHASE 2 Contract Limits Project Type WATER & SEWER Project Funding DOE Number 5728 Estimate Number 1 Payment Number 1 Far Period Ending 1/12/2026 UNTI' I: WATER IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 8' PVC WATER PIPE 1195 LF $61.00 $72,895.00 ll95 $72,895.00 2 8" GATE VALVE 5 EA $2,666.00 $13,330.00 5 $13,330.00 3 FIRE HYDRANT 1 EA $7,952.00 $7,952.00 1 $7,952.00 4 CONNECTION TO EXISTING 4"-12" WATER 3 EA $4,097.00 $12,291.00 3 $12,291.00 MAIN 5 DUCTILE IRON WATER FITTINGS W/ 1 TN $22,336.00 $22,336.00 1 $22,336.00 RESTRAINT 6 1" WATER SERVICE 32 EA $1,544.00 $49,408.00 32 $49,408.00 7 TRENCH SAFETY 1195 LF $0.50 $597.50 1195 $597.50 8 1" WATER SERVICE (CONNECT TO EXISTING 6 EA $2,460.00 $14,760.00 6 $14,760.00 8" WATER MAIN) 9 CONC PVMT REPAIR, ATERIALIINDUSTRIAL 348 SY $177.00 $61,596.00 348 $61,596.00 (WATER) 10 REMOVE CONC PVMT (WATER) 348 SY $42.00 $14,616.00 348 $14,616.00 Sub-Total of Previous Unit �269,7s1.so ------------------- UNTI' II: SANTTARY SEWER IMPROVEMENTS Item Estimated Estimated Description of Items Unit Unit Cost No. Quanity Total 1 8" SEWER PIPE 1008 LF $67.00 $67,536.00 2 4' MANHOLE 6 EA $4,635.00 $27,810.00 3 4' EXTRA DEPTH MANHOLE 14 VF $273.00 $3,822.00 4 4" SEWER SERVICE 36 EA $1,400.00 $50,400.00 5 CONNECT TO EXISTING 8" SEWER PIPE 1 EA $1,932.00 $1,932.00 6 CSS ENCASEMENT FOR UTILTTY PII'ES 60 LF $101.00 $6,060.00 7 MANHOLE VACUUM TESTING 6 EA $165.00 $990.00 8 POST-CCTV INSPECTION 2016 LF $2.50 $5,040.00 9 TRENCH SAFETY 1008 LF $0.50 $504.00 10 4" SEWER SERVICE (CONNECT TO EXISTING8" 6 EA $2,499.00 $14,994.00 SANITARY SEWER MAIN) 11 CONC PVMT REPAIR, ARTERIAL/INDUSTRIAL 126 SY $177.00 $22,302.00 (SEWER) 12 REMOVE CONC PVMT (SEWER) 126 SY $42.00 $5,292.00 $z69,7si.so Completed Completed Quanity Total 1008 $67,536.00 6 $27,810.00 14 $3,822.00 36 $50,400.00 1 $1,932.00 60 $6,060.00 6 $990.00 2016 $5,040.00 1008 $504.00 6 $14,994.00 126 $22,302.00 126 $5,292.00 Friday, February 27, 2026 Page 2 of 5 City Project Numbers 105728 Contract Name Contract Limits AUGUSTA SQUARE PHASE 2 Project Type Project Funding WATER & SEWER DOE Number 5728 Estimate Number 1 Payment Number 1 Far Period Ending 1/12/2026 Sub-Total of Previous Unit �zo5,6sz.00 �zo6,6s2.00 Friday, February 27, 2026 Page 3 of 5 City Project Numbers 105728 Contract Name AUGUSTA SQUARE PHASE 2 Contract Limits Project Type WATER & SEWER Project Funding Contract Information Summary Original Contract Amount Chan�e Orders Total Contract Price DOE Number 5728 Estimate Number 1 Payment Number 1 Far Period Ending 1/12/2026 $476,463.50 $476,463.50 Total Cost of Work Completed $476,463.50 Less % Retained $0.00 Net Earned $476,463.50 Earned This Period $476,463.50 Retainage This Period $0.00 Less Liquidated Damages Days @ / Day LessPavement Deficiency Less Penalty Less Previous Payment Plus Material on Hand Less 15% Balance Due This Payment $0.00 $0.00 $0.00 $0.00 $0.00 $476,463.50 Friday, February 27, 2026 Page 4 of 5 City Project Numbers 105728 Contract Name AUGUSTA SQUARE PHASE 2 Contract Limits Project Type WATER & SEWER Project Funding Project Manager NA Inspectors G. DEYON / K. JACKSON Contractor PCI CONSTRUCTION, INC. P.O. BOX 2967 McKINNEY, TX 75070 Line Fund Account Center DOE Number 5728 Estimate Number 1 Payment Number 1 Far Period Ending 1/12/2026 City Secretary Contract Number Contract Date Contract Time 35 WD Days Charged to Date 163 WD Contract is .000000 Complete CITY OF FORT WORTH SUMMARY OF CHARGES Amount Gross Retainage Funded Total Cost of Work Completed Less % Retained Net Earned Earned This Period $476,463.50 Retainage This Period $0.00 Less Liquidated Damages � Days @ $0.00 / Day LessPavement Deficiency Less Penalty Less Previous Payment Plus Material on Hand Less 15% Balance Due This Payment Net $476,463.50 $0.00 $476,463.50 $0.00 $0.00 $0.00 $0.00 $0.00 $476,463.50 Friday, February 27, 2026 Page 5 of 5 FORTWORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: Augusta Square Ph.2 CITY PROJECT NUMBER: 105728 � WATER PIPE LAID SIZE TYPE OF PIPE C-900 8" PVC FIRE HYDRANTS: 1 PIPE ABAi�TDONED n/a DENSITIES: NEW SERVICES: � PIPE LAID SDR-26 PIPE ABANDON�D N/A D�NSITI�S: NEW SERVIC�S: SIZE 1" SIZE 8�� f.yYAy C!Y LF 1195 VALVES (16" OR LARGER) n/a TYPE OF PIPE LF Yes Uploaded To Accela copper SEWER TYPE OF PIPE PVC TYP� OF PIPE Yes Uploaded To Accela PVC 32 EA LF 1008 LF 36 EA TRANSPORTATION t1ND PUBLIC WORKS The Cit�� of Fort VUorth • 1000 Throckmorton Street • Fort ��/orth, T� 76012-6311 �`o�� r�� TRANSPORTATION AND PUBLIC WORKS February 4, 2026 PCI Construction 405 Interchange Street McKinney, TX 75071 RE: Acceptance Letter Project Name: Augusta Square Ph.2 Project Type: water, Sewer, paving, Drainage, Street Lights City Project No.: 105728 To Whom It May Concern: On January 20, 2026 a final inspection was made on the subject project. There were punch list items identified at that time. The punch list items were completed on February 3, 2026. The final inspection and the corrected punch list items indicate that the work meets the City of Fort Worth specifications and is therefore accepted by the City. The warranty period will start on February 3, 2026, which is the date of the punch list completion and will extend of two (2) years in accordance with the Contract Documents. If you have any questions concerning this letter of acceptance, please feel free to contact me at George Marquez, P. E. Senior Professional Engineer Infrastructure Plan Review Center (IPRC) City of Fort Worth/ Development Services Department 100 Fort Worth Trail, Fort Worth, TX 76102 (817) 392-6826 Geor�e.Marquez@fortworthtexas.gov . Sincerely, �� George Marquez, Project Manager Cc: Kevin Jackson, Inspector Gary Deyon, Inspection Supervisor Lorrie Pitts, Senior Inspector Andrew Goodman, Program Manager Westwood, Consultant PCI Construction, Contractor DR Horton, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev. 8/20/19 AFFIDAVIT STATE OF Texas COLTNTY OF Collin Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Troy Mitchell, Controller Of PCI Construction, Inc., known to me to be a credible person, who being by me duly sworn, upon his oath deposed and said; That all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full; That the wage scale established by the City Council in the City of Fort Worth has been paid in full; That there are no claims pending for personal injury and/or property damages; On Contract described as; Water Sewer & Storm Drain for Augusta Square Phase 2- CPN 105728 C � i��'�� -, Troy Mitchell - Contoller Subscribed and sworn before me on this date 19th of February, 2026. C, �� Notary Public Bree Mitchell Collin, Texas ��— - - — BREE MITC.H L€. �^. ��'. •= My Nofary ID t� 123944675 -' � �.� ••',�,; ��, ;E; Expires September 26, 2027 � :�,��_��,�:�� .�z:� �x, az aa unr - nm rno�K�sni. N;�Kc i arc SECTION 00 42 43 CJevQloper Awarded Projocts - PROPOSAL FORM UNIT PRICE BID Project ltan Informntion Didlist bcscription Specilicatimi Unit of Aid Item No. � Scction Nu. � �icasurc � Quautity - UNIT.I�WAT�R_I,MPROVEMEN7S 1 3311.0261 8' PVC Water Pipe 3311 12 �F 1135 2 3312.3003 8" Gate Valve 3a � 2 Lp �� 5 3 3312.0001 Fire Hydrant 33 12 40 �A 1 4 3312,0117 Connection to Existing 4" - 12" Water Maln 33 12 25 EA 3 5 3311.0001 DucUle Iron Waler FiRings w/Restraint 33 11 11 TON 1 6 3312.2003 1" Water Service 33 12 10 CA 32 7 3305.0109 Tronch Satety 33 05 10 L,F 1195 II 3312.20Q3 1" Water Service (Connect to Exisling 8" Watar Main) 33 12 10 EA 6 9 3201,0816 Conc Pvmt Repair, Ateriaillndustrtai (Water) 32 41 29 5Y 348 10 0241.9000 Ramove Canc !'vmt (Waterj 02 41 15 SY 34i3 11 A5 ciry or roar woFe�n STr1NDARD CQNSTRU(.TION SPLCIFIfA'PION DOCU\IC:Nf5 • UF:VCI.OPL"•R A\\"A2UL'tl PfiO1L"C7S Pnrtn Vcr:ion Af��' 27, :019 Bidder's Application 6iddct's Prn�sal t)nit Yrica ( 13iA Value �v61.00 $72,895.00 $2,G66.00 $13,330.00 57,�J62.00 �7,fl52.00 $4,0fl7.00 $12,291.00 522,338.OD $22,336.00 $1,&4A.00 $q9,408.00 50,50 $597.50 $2,46p,00 �tA,760.Q0 $177,00 5�1,59�.00 $42.00 $14,616.00 TOTAL. UNIT I: WATER IMPROVEMENTS $269,781.50 AVgusla 5�uaro PLnsc 1• C'�A (hianlitics - PCI auza� onF� • oio rrtorosni, r,F� z ore SECTION 00 A2 43 Develaper Awarded ProJects - PROPQSAL F�RM UNIT PRICE BID Projcct ilam Ininnn,uinn DiJlist itcm No. 1 2 3 � y 6 7 a � 10 11 12 13 Ab Bidder's Applicafiion Descripli�n � Spcci�cntinn ( Unit of � I3id 5�ciia� No. �Icasurc Quuulily UNii' H: SAkITARY SEWER INfPftOVEMENTS 3331 A115 8" 5ewer Pipe ` ��' � 33 3t 20 LF 1008 333J.1001 A' Manhole 33 39 20 Ef� 6 333J.1003 A' Exira Depth Manhole 33 3�J 10, 33 VF 14 333i.3101 4" 5ewer Seroice 33 31 GO EA 36 9999.0001 Connect to Exisling II" Sewer Plpe 33 31 ?.0 EA 1 J�J99.00p2 CSS EncAsement for Utility Pipes 00 00 00 LF 60 3301.0101 Manhofe Vacuum Testinp 33 01 30 EA � 3301.0002 Post-CCN Inspection 33 Oi 31 LF 2016 3305.010�3'i'rench Safety 33 05 10 LF 1008 3331.31U1 4" 5ewer Service (Connect to Existing fi" Sanitary Sewef Main) .33 31 50 E/� 6 3201,�61E3 Conc Pvmt Repair, Arterialllnduslrial (Sewer) 32 01 2�3 SY 12fi 02A1.1000 ftemove Conc Pvmt (Sewer) 02 Gi 15 SY 126 70TAL UNIT II: SANITARY S�WEEZ IMPR�VEMEN7S l3iddci's 1'w�msel [lnit Pricc I �67.00 $A,63b.00 �273.00 $1,400.00 $1,�32A0 5101.00 �165.00 �2.50 $0.5� $2,A99.00 $17%.00 $42.00 liid Vcttuc $67,636.00 527,810.00 $�,822A0 $50,400.00 51,932.00 �s,oso.00 $990.Op $5,Q40.00 �u504.00 $'1A,99a.00 522,302.00 55,292.00 �2o�,�aa.oa C17YOF I�OIITlVOItTtI STAN6ARD Ci)NSSStIfCl'ION SPECfFIC�1'SIQN IX1C11�11iNSS � UP.\'4iI,0AF11 AD'Ai4{)EU PitOSkiCTti Porm Vcrsion �tnp 12, 2017 Augustn Sqiurc Phvc 2• Ct�A Quanlllles . PCI twaz �i onr • �in ritarcxs,v. Pa�,c J ofG SHCTION 00 A2 43 Developer Awarded Projects - PROPQSAL FORM UNIT PRICE BID Projcct Itam In)brmation Ridlisf Spucilicutiou llem Nu. Dzscription ( � Section 1�u. UNIT IIi: DRAIIVAGE IMPROV_EMEtJT3 � 3341.0201 21" ftCf', Cipss 111 33 q1 10 2 334L0205 24" RCP, Cless III 33 41 1U 3 33A1,030J 3Et" RCP, Class III 33 A1 10 4 3349.0001 4' Starm Junction Box 33 49 10 G 33A4.5001 10' Curb Inlei 33 4fl 20 E3 33Afl.5002 15' CutU inlet 33 4D 20 7 J�J99.00OA Connect to Fxistinc� 3�" RCP 00 00 t)Q 8 3305.0109 TrenCh Satety 33 05 10 9 3201.0616 Canc Pvmi Repair, AteriaUlndustrial (Stonti) 32 01 29 1U 02A1.1000 Remove Conc Pvmt (Siorm) 02 41 15 11 45 Bidder's Applicafiion Unitof 13id \Icasurc Qunnlity LF 95 LF 62 LF 346 EA 2 EA 4 EA 1 EA 1 LI� 503 SY A5 SY 45 TOTAL UNIT III: DRAINAGE IMPROVEMENTS crry oe ronT �vonrn srnNnntan c•oNsnsiJcriox srrcmicnTio;v nocvnir:�rrs • ar;vEai.orea nw,�anr:n ri�oircTs ['artu Vcrsion t��ac 12. 3QI7 13idc(crs Proposel Unit Frico ( E3id Value $9(l.00 $9,310.00 $11�J.00 $7,378A0 $174A0 $60,204.00 �4,Gf32.00 $fl,364.00 $6,713.00 ^�26,852.00 $II,779.00 �E3,77�J.00 $4,57ft.21 y4,578.21 $O.A3 ^�216.29 $177.00 $7,965.00 $d2.00 $1,890.00 513�,536.50 Angusla S��nrc Ple�sy 2• tPA lj .inlilles • PCI iN).1: �J DAI' • IIIU t7iOl'OSe\L pngc d uf l SECTION 00 42 43 Ueveloper A�varded Projects - PROPOSAL FORM � . . � t3idder's Application Projec[ ltem Inl'onnntion [3idlist licm No. Description � Speeifieatiou ( Unilof � �2id Section Nn. �lcasurc Quanlily Bid Summ:�ry, UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWGR IMPROVEMENTS UNIT III: DRAINAGE IMF'ROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREE'i LIGHTING IMPROVEMENTS 't'ntnl ConslruMiai 13id� 'Phis 13id is submitled 1�� Ihe cntity nnmed 4elo�v: f3iddcrs Pmposal ( Uuit Pricc I Oid Vnluc I 5269,781.50 _ _ . _ _ __ $206,G02,00 _ _ _ . _ $136,53�.50 $G13,000.00 I3}': Itr�duc}� lic}� �� —�-� —,.__ �- .^— '1'1'1'I.1'si 1 P� C C�tinm �iip'"'—� I--.y� I),19'F.: ?lllfTo�: I3I1)llI'sR: NC I C o�nhurlfnn Ill.i Inlctcltdil�C `Ifcc( :+tciiiiuie}. Ice,�� 1;0'�1 3S �rorkiug dnys nftcr t6c dnlc �nc�n thc Contraclor aqrccs la romplelr \VOlt1C for I� INAI.,ICCCI''i'ANCi�, wilhin COVTRACTcommcnces lo run ns provided in ihe Gencrnl Cnnditions. END OI� SEC'i'tOY CITy pF f ORT \5`OItTH 5'I'i1NUARU CONS'PCW CTION SPLCIP IG\t ION t)OCUAIF:M"i S• DliVlilAPLiI :\\5'AkU13D PIlO1PC C"5 PMm Vaaion I��ng 77, XU17 Augun,� Sqinrc Phasc 2- CFA Quanlilics • PCI ooas iz DAP PREQUALIPICATION STATEMENT Pagc 1 of I SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major worlc type(s) listed. In the "Maior Work Tvae" box provide the comnlete maior worl< tvne and actual descrintion as nrovided bv the Water Department for water and sewer and TPW for pavin�. Major Worlc Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water and Wastewater New Development, Rehabilitation and Redevelopment Open Cut PCI Construction, Inc. 10/31 /2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: PCI Construction 405 Interchange Street McKenney, Texas 75071 gy; Ke in Gerstenkor � _ �� - (Signature) TITLE: Executive V.P. of Operations DATE: 02/14/2025 END OF S�CTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification S[atemen[ 2015_DAP (1).docx Form Version September 1, 2015 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORI<ER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides i 4 worker's compensation insurance coverage for all of its employees employed on City Project No. 5 105728 Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as 6 amended, it will provide to City its subcontractor's certificates of compliance with worker's 7 compensation coverage. 8 CONTRACTOR: � 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 K�7 PCI Construction Company 405 Interchange Street Address Mcl<�nnev. Texas 75071 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT By: !`�EV � N C E��—lv �1��' (Please Print � Signature: � _ 7 _ Title: l�'��-tii� � �1�L V,� V� d ��i.ONS (Please Print) � � BEFORE ME, the undersigned author'ty, on this day personally appeared �V �� C'-'E��, I<nown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of �� C�Si�UC�t IOI�J1 I NG,for the purposes and consideration therein expressed and in the capacitytherein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � t day of ��t�\V�' V�J 20� _. _..� .,..� W� �� i-_. � . - — -- ' : •"`�v ""�;.,, BREE MITCHELL ; •��.��• .<�: , :2,• �"' My f�otary ID # 123944II75 R , : �• . � ' 'vr� ••~��"�� Expires September 26, 2027 ' ' �F� I a ' . �.•" , 'sz--as+cc=.t tn�+�+umvt�.s.�m.�:...U....._....� 'mt^ - Notary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Augusta Square Phase 2 City Project No. 105728 005243-1 Developer Awarded Project Agreement Page 1 of 6 1 7 SECTION 00 52 43 AGREEMENT 3 THIS AGREEMENT, authorized on 02/13/2025 is made by and between the 4 Developer, D.R, Horton-Texas, LTD authorized to do business in Texas ("Developer"), and 5 PCI Constructionr� authorized to do business in Texas, acting by and through its duly 6 authorized representative, ("Contractor"). 7 S 9 10 11 12 13 14 15 16 17 18 19 20 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Au�usta Square Phase 2 Citv Proiect No. 105728 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within {35 } worl<ing days after the 23 date when the Contract Time commences to run as provided in Paragraph 12.04 of 24 the Standard City Conditions of the Construciion Contract for Developer Awarded 25 Projects. CITY OF FORT WORTH Augusta Square Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 105728 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 6 26 3.3 Liquidated damages 27 28 29 30 31 32 33 34 35 36 37 Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difFiculties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not compfeted on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Deveioper One Thousand Dollars ($ 1,000 ) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. 38 Arficle 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the 40 Contract Documents an amount in current funds of Six Hundred Thirteen Thousand and 41 Zero Cents ($ 613,000.00). 42 43 44 45 46 47 48 49 50 51 52 Arficle 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (projectspecific) b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) CITY OF FORT WORTH Augusta Square Phase 2 STANDARD CONSTRUCTION SPECI�ICATION DOCUMENTS — DEVEIOPER AWARDED PROIECTS City Project No. 105728 Revised 7une 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 6 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g, Worl<er's Compensation Affidavit 58 h. MBE and/or SBE Commitment Form (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by 63 attachment or, if not attached, as incorporated by reference and described in 64 the Table of Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract 70 Documents: 71 a. Notice to Proceed. 72 b. Field Orders. 73 c. Change Orders. 74 d. Letter of Final Acceptance, 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its 77 own expense, the city, its officers, servants and employees, from and against any 78 and all claims arising out of, or alleged to arise out of, the work and services to be 79 performed by the contractor, its officers, agents, employees, subcontractors, CITY OF FORT WORTH Augusta Square Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 105728 Revised June 16, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 6 :� : . . .� . :. licenses or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleQed or proven that all or some of the damages bein� sou,�ht were caused, in whote or in aart, b�� anv, act, omission or negligence of the cit�. ihis indemnity provi5ion is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own 88 expense, the city, its officers, servants and employees, from and against any and 89 all toss, damage or destruction of property of the city, arising out of, or alleged to 90 arise out of, the work and services to be performed by the contractor, its officers, 91 agents, employees, subcontractors, licensees or invitees under this contract. This 92 indemnificafion provision is specificallv intended to operate and be effective even 93 if it is alle�ed or proven that all or some of the damaaes bein� sau�ht were caused, 94 in who{e or in qart, by anv act, omission or ne�ligence of the cit�. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions 99 of the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 7.3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements 106 and obligations contained in the Contract Documents. CITY OF FOR7 WORTH Augusta Square Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 105728 Revised lune 16, 2016 005243-5 Developer Awarded Project Agreement Page 5 of 6 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void 109 or unenforceable by a court of competentjurisdiction shall be deemed stricken, and 110 all remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State 114 of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for 115 the Northern District of Texas, Fort Worth Division. 116 117 7.6 Authority to Sign. 118 Contractor shall attach evidence of authority to sign Agreement, if other than duly 119 authorized signatory of the Contractor. 120 121 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in 122 multiple counterparts. 123 124 This Agreement is effective as of the last date signed by the Parties ("Effective Date") 125 126 127 128 129 130 131 CITY OF FORT WORTH Augusta Square Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 105728 Revised June 16, 2016 005243-6 Developer Awarded Project Agreement Page 6 of 6 132 Contractor: Developer: PCI Construction � Ir1G . D.R. Horton-Texas, LTD BY� r By: � �.".." � �( , � (Signature) (Signature) ��EV� N ��.�G�Kp�� Quadri Akamo (Printed Name) (Printed Name) Title: EjcCC�jvL �%.� 1�C=- �t'C�'Title s Assistant Vice President Company Name: PCI Constructioni �n�, Company name: D.R. Horton-Texas. LTD Address: 405 Interchange Street McKenney, Texas 75071 2� � �- I z�s_ Date Address; 2600 N Central Expressway #250 Richardson, TX 75080 Date 02/13/2025 CITY OF FORT WORTH Augusta Square Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 105728 Revised June 16, 2016 � � � DA7E (MM/DDlYYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE ��. 2l19I2025 THIS CERTtFICATE IS tSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AU7HORIZED REPRESENTATIVE OR PRODUCER, AtdD THE CERTIFICATE F{OLDER. lMPORTANT: If the certificate holder ts an ADD1710NA� INSURED, the policy(ies) must have ADDITtONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sharon Peoples Acrisure Texas Risk Advisors & Insurance Services, LLC � PHONE (ac, No): 972-201-0123 5057 Keller Springs Road �a��,�o. ex��: 9�2-201-0133 � Suite 200 � nooR�ss: speoples(a�acrisure.com Addison TX 75001 ( INSURER(SIAFFORDINGCOVERAGE NAICtf INSURED PCI Construction, inc. P.O. Box 2967 McKinney TX 75070 I wsuReR n: Amerisure Mutual Insurance Compam,r 23396 PCICONS-03 �NSURER B: ACTI@fISUI'8 If1SUf8f1C@ COIllOa(ly 19488 I INSURER C : I INSURER � : I INSURER E : ' INSURER F : COVERAGES CERTIFICATE NUMBER:1151813418 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITNSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TNE POLICIES DESCRtBED HEREIN IS SUBJEC7 TO AL� THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PO�ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD�'SUBti' POLICY EFF POLICY EXP �IMIT5 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYYi (MM/DD/YYYY� A X COMMERCIALGENERALIIABILITY CPP20111442102 7/1/2024 7/1/2025 EACHOCCURRENCE $1,000,000 � CLAIMS-MADE � OCCUR GEN'L AGGREGATE LIMIT APPIIES PER: �POLICY � jE � � LOC OTHER: A AUTOMOBILE LIABIIiTY X ANY AUTO OWNED SCHEDULED AUTOS ONIY AUTOS X HIREO X NON-OWNED _ AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB { X I OCCUR EXCESS lIA6 t�-1 I � CIAIMS-MADE DED I X I RETENTION $ n q WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY y� N ANYPROPRIETOR/PARTNER/EXECUTIVE � N / A OFFIGERlMEMBEREXCIUDED7 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below AGGREGA7E $ 5,000,000 $ 7/1/2024 7/1/2025 IX I STATUTE ( I E�RH � E.�. EACH ACCIDENT $1,000,000 I E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DAMAGETp RENTED PREMISES (Ea occurrence� $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GENERA� AGGREGATE $ 2,OOQ,000 PpODUCTS - COMP/OP AGG $ 2,000,000 $ CA 20551441802 CU 20111482101 7/1/2024 7/1 /2024 7/1l2025 � COMBINED SINGLE LIMIT g 1,000,000 (Ea accidenU I BODI�Y INJURY (Per person) $ I BODILY INJURY (Per accident) $ IPROPERTY DAMAGE $ (Per accidentl $ 7!1(2025 EACH OCCURRENCE $ 5,�OQ,000 WC 20111452102 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Applies only if applicabie coverage is evidenced on Acord 25 — CERl'IFICATE OF LIABILiTY INSURANCE The General Liability, Auto, and Umbrella policies include a bianket additionai insured endorsement that provides additional insured status to the certificate holder o�ly when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes a blanket additional insured endorsement that provides additiona{ insured status to the certificate hoider for ongoing and completed operations only when there is written contract between the named insured and the certificate holder that requires such status. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPtRATIQN DATE THEREOF, NOTICE WILI BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF FORT WORTH 200 Texas Street Fort Worth TX 76102 ACORD 25 (2016/03) AUiNOflIZED REPFESENTA7IVE •�—�� O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PCICONS-03 LOC #: A��R�� ADDITIONAL REMARKS SCHEDULE AGENCY Acrisure Texas Risk Advisors & Insurance Services, LLC POLICY NUMBER CARRIER ADDITIONAL REMARKS NAIC CODE NAMEDINSURED PCI Construction. Inc. P.O. Box 2967 McKinney TX 75070 EFFECTIVE DATE: Page 1 of 1 THIS ADDITIONA� REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITL.E: CERTIFICATE OF LIABI�ITY INSURANCE The General Liability, Auto, and Umbrella policies contain an endorsement with primary and noncontributory wording that may apply only when there is a written contract between the named insured and the certificate holder that may require such status. The General Liability, Auto, Umbrella, and Workers Compensation policies include a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires this. The Contractors Equipment policy includes a blanket Loss Payee endorsement that provides loss payee status to the certificate holder as their interest may appear. Deductibles: $1,000 Except $5,000 Items $250,000 and greater $5,000 Theft, Vandalism or Malicious Mischief The Automobile policy includes a Loss Payee endorsement that provides loss payee status to the certificate holder as their interest may appear. The Property policy includes a Loss Payee endorsement that provides loss payee status to the certificate holder as their interest may appear. Excess Liability follows form as respect to Additional Insured subject to policy forms, terms, conditions and exclusions. RE: Augusta Square Phase 2— CFA 24-0154 Certificate Holder includes The City of Fort Worth, its officers, employees and servants. ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 00 62 13 - 1 PERFORMANCE BOND Pagc 1 of 3 SECTION 00 62 13 PERFORMANCE BOND BOND #z364$$9 THE STATE OF TEXAS § § § PCI Construction KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That we, known as "Principal" herein and Swiss Re Corporate Solutions America Insurance Corporation, a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, D.R. Horton-Texas, LTD, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, Six Hundred Thirteen Thousand Dollars and Zero Cents ($ 613,000.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement forthe construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 24-0154 ; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the day of , 20_, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as AUGUSTA SQUARE PHASE 2. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH AUGUSTA SQUARE PHASE 2 STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROIECTS City Project No. 105728 Revised lanuary 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United 5tates District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the ATTEST: . 4,./ � (Principal)�'set-reta�y— EKl G M. y, ND�� .� t�F � �� v � tness as to Principal �R.� iVl t �Cc,l.� ��5� M�Nf�GU`�- ��`> �.1 Witness as to Sure�i _�� .. day of PRINCIPAL• 20 PCI onstruction ( �, BY: �„�. � i - ,i — Signature Ktvl N C�cI��oP.�t� �p Name and Title �(�+�(�[r� �/E �. �•� � V 1FiTn�� Address: 405 Interchanae Street McKem-►ev, Texas 75071 S U R ETY: Swiss Re Corporate Solutions America Insurance Corporation � -� � c: � f� BY:� - _. j ��, � \ �--� �°��__: `' � � _,� J Signature ��, Debra Lee Moon, Attorney-in-Fact Name and Title Address: �Zoo Main St. Suite 800 Kansas City, MO 64to5 Telephone Number (8�6) z35-3700 CITY OF FORT WORTH AUGUSTA SQUARE PHASE 2 STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS City Project No. 105728 Revised January 31, 2012 006213-1 PER�ORMANCE 80ND Page 3 of 3 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH AUGUSTA SQUARE PHASE 2 STANDARD CITY CONDITIONS-DEVELOPER AWARDEq PROIECTS City Project No. 105728 Revised lanuary 31, 2012 006214-1 PAYMENT BOND Page 1 of 3 1 2 3 4 5 6 SECTION 00 62 14 PAYMENT BOND BOND # x364889 THE STATE OF TEXAS COUNTY OF TARRANT � � KNOW ALL BY THESE PRESENTS: g 7 That we, PCI Construction , known as "Principal" 8 hereln, and Swiss Re Corporate Solutions America Insurance Corporation a corporate � 9 surety ( or sureties if more than one), duly authorized to do business in the State of Texas, 10 known as "Surety" herein (whether one or more), are held and firmly bound unto the 11 Devetoper, D.R. Horton-Texas. LTD, authorized to do business in Texas "(Developer"), and 12 the City of Fort Worth, a Texas municipat corporation ("City"), in the penal sum of Six 13 Hundred Thirteen Thousand Dotlars and Zero Cents ($ 613.000.00 ), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made jointly unto the Developer and the City as dual obligees, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and 17 severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction 19 of community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number 24-0154: and 21 22 23 24 25 WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the day of , 20 , which Contract is hereby referred to and made a part hereof for alt purposes as if futly set forth herein, to furnish all materiats, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Augusta Square Phase 2. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal 27 shall pay all monies owing to any (and alt) payment bond beneficiary (as defined in Chapter 28 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the CITY OF FORT WORTH Augusta Square Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 105728 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 1 Contract, then this obligation shall be and become null and void; otherwise to remain in full 2 force and effect. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2� 28 29 30 31 32 33 34 35 36 37 38 39 �� This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 20 ATTEST: � �� (Principal}&e� �t.�- I�l • l.l P� U 1�• Q F �l CE � Witness as to Principal �3R = M ��z�1.C—�-� �� ►�/1 r�1v� E� -- � 1 Witness as to Se rety ,-� CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 PRINCIPAL: PCI Constr �o � - " � ' BY: ;.,.,..,� Signature tC�V�tv C��1��qJko�.tJ Name and Title�S�(�(�'�j,v� r'D6 ��` I� Address 405 Interchan�e Street McKennev. Texas 75071 SU RETY: Swiss Re Corporate Solutions America Insurance Corporation _ \ �� BY: `� � ) � ;�� : , �__�� - - _ � Signature Debra Lee Moon, Attorney-in-Fact Name and Title Address: �zoo Main St. Suite 800 Kansas City, MO 64�05 Telephone Number: �8t6) z35-3700 Augusta Square Phase 2 City Project No. 105728 006214-3 1 PAYMENTBOND Page 3 of 3 2 Note: If signed by an officer of the Surety, there must be on fite a certified extract 3 from the bylaws showing that this person has authority to sign such obligation. If 4 Surety's physical address is different from its mailing address, both must be 5 provided. 0 7 The date of the bond shall not be priorto the date the Contract is awarded. E:3 � END OF SECTION CITYOF FORTWORTH Augusta Square Phase 2 STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS City Project No. 105728 Revised January 31, 2012 Op 6219 -'1 MAINTENANCE BOND Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 : SECTION 00 62 19 MAINTENANCE BOND BOND #z364889 THE STATE OF TEXAS § � KNOW ALL BYTHESE PRESENTS: COUNTY OF TARRANT � That we PCI Construct�on , known as "Principal" hereln and 5wiss Re Corparate Solutions America Insurance Corporatia cot'porate surety (sui'eties, If more than one) duly authorized to do business in the State of 7exas, known as "Surety" herein (whether ane or more), are held and firmly bound unto the Devetoper, D.R. Horton- Texas. LTD, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of Six Hundred Thirteen Thousand Dollars and Zero Cents ($ 6 3 000.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, far payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmty by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City af Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 24-0154 : and 22 23 24 25 26 27 28 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the day of , 20,, which Contract is hereby referred to and a made part hereof for all purposes as if fulty set forth herein, to furnish all materials, equipment tabor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Worl<") as provided for in said Contract and designated as AUGUSTA SOUARE PNASE 2; and 29 CIN OF FORT WORTH AUGUSTA SQUARE PHASE 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Prajeci No. 105728 Revised lanuary 31, 2012 606219-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to use such materials and to so construct the Work 2 in accordance with the plans, specifications and Contract Documents that the Work is and 3 will remain free from defects in materials or workmanship for and during the period of two 4 (2) years after the date of Final Acceptance of the Work bythe City ("Maintenance Period"); 5 and 0 7 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 8 upon receiving notice from the Developer and/or City of the need thereof at any time within 9 the Maintenance Period. 10 11 NOW THEREFORE, the condition of this obligation is such that if Principal shall 12 remedy any defective Work, for which timely notice was provided by Developer or City, to a 13 completion satisfactory to the City, then this obligation shall become nult and void; 14 otherwise to remain in full force and effect. 15 16 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 17 noticed defective Work, it is agreed that the Developer or City may cause any and all such 18 defective Work to be repaired and/or reconstructed with alt associated costs thereof being 19 borne by the Principal and the Surety under this Maintenance Bond; and 20 21 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in � 22 Tarrant County, Texas or the United States District Court for the Northern District of Texas, 23 Fort Worth Division; and � 25 PROVIDED FURTHER, that this obtigation shall be continuous in nature and 26 successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH AUGUSTA SQUARE PHASE 2 STANDARD CITY CONDIT{ONS — DEVELOPER AWARDED PROJECTS City Project No. 105728 Revised January31, 2�12 0062/9-3 MAINTENANCE BOND Page 3 of 3 � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Zo 21 22 23 24 25 26 2% 28 29 30 31 32 33 34 35 �c�: IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the.day of , 20__ PRINCIPAL: ATTEST: . � �7 (Principal) �eeretary— �R� NM- N�P�� P� oF�N \/�' Witness as to Principal � 'v 1� �(�D't.(.�1�� J � MW�1�'�t�-- PCI Constr � , ion �-- — T BY: - Signat� ��V► N G �5��;v��J �=��FCt�CT-1 UC 1/.�. OC= l��R� l(:�JS Name and Title Address: 405 Interchan�e Street McKenney_ Texas 75071 SURETY: Swiss Re Corporate Solutions America Insurance Corporation � BY: �. � ) < �� ,\� � �� -- � _ _ � � Signature � Debra Lee Moon, Attorney-in-Fact Name and Title ---- _! � / Witness as to urety ,� Address: 1zoo Main St. Suite 8o0 Kansas City, MO 64to5 Telephone Number: �8t6) z35-3700 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from 38 the by-laws showing that this person has authority to sign such obligation. If Surety's 39 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. CITY OF FORT WORTH AUGUSTA SQUARE PHASE 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 105728 Revised January 31, 2012 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JOHN R. WARD, THOMAS DOUGLAS MOORE, EMILY ALLISON MIKESKA, ALLYSON W. DEAN, MONICA RUBY VEAZEY, JOHN WILLIAM NEWBY, TROY RUSSEIL KEY, DEBRA lEE MOON ANDREA ROSE CRAWFORD, SANDRA lEE RONEY, FAITH ANN HILTY, ANDREW GARETH ADDISON, PATRICK THOMAS COYLE, BRYAN KELIY MOORE, E�IZABETH ORTIZ, ANA OWENS, BETTY J. REEH, ANDREW PATRICK CLARK AND KIMBERLY ROCNELLE GONZALEZ JOINTLY OR SEVERALLY Its true and lawful Attorney(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: lW0 HUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 201 l. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be bindine upon the Corporation ,,,.,��,�,,,, affixed and in the future with reeard to anv bond. undertaking or contract of surety to which it is attached." ``J��ONSAMFq�c'�.,, �.";��pNSPRf,Aqj"'�•. �`yo�;.��yPOR,p'f:��yJ;%,, ;:�p�.J•�1'O�RqF'�i�"S `�4i:�G �.G�^_ _� �U /'F.;,C �� S E A L��° =�� S E A L �. ,y1973 � :ba' ,��, \ :i ,s �.!sso�a:�,. :ds.��Sso��`\.sa° �"%S�'i1S N��1�'� ` �'•.,`S'�.hs •} 'Npti,. '.��.*u��a� . � ( � �—,�' l�� `�i'\` - ,� By �_ t i Davtd Satory, Seoior Vice President of SRCSAIC & Senior V(ce President of SRCSPIC & Senior Vice Presideut of \YIC BV �� Gerald Jagrowski, Vice President ofSRCSAIC & Vice President otSRCSPIC ,�;!�""�f c ��=�tja �r�t.�$�, � � ....� S �� =� .,"'��; � .. � . .�� & Vice President of �VIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers th1S 6TH day of DECEMBER ZD_ 24 State of Illinois County of Cook ss Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premier Insurance Corporation Westport Insurance Corporation On tliis srH day of DECEM6ER , 20 24 , before me, a Notary Public personally appeared David Satory , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald JaQrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged 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. IU�H M SM40A U /j 1 �f Nox. suw d ��.e« � //��,i �// � 4s�1 /� ��! ua9r{5M �4 `-' /�% /'-[`�-�—_..__. F�Se6��M b1r .� .. . _ _ _ ... .. _ .. Karen h1Xii�eda, Notaiy I, Jeffrey Goldbera, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the ahove and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day nf . 20 Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC ►/'�C :\ ►� In order to obtain information or make a complaint: You may contact the Surety Claims Department at 1-816-235-3702 You may call Swiss Re Corporate Solutions America Insurance Corporation or Swiss Re Corporate Solutions Premier Insurance Corporation for information or to make a complaint at: 1-816-235-3702 You may also ven-ite to Swiss Re Corporate Solutions America Insurance Corporation or Swiss Re Corporate Solutions Premier Insurance Corporation at the following address: 1200 Main Street, Suite 800 Kansas City, MO 64105 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httn://www.tdi.sta ..tx. �s E-mail:Consi�merProtection(a�tdi.state.tx.Ls PREMIUM OR CLAIM DISPUTES: Shouid you have a dispute concerning yow• premium or about a claim you should first contact the Swiss Re Corporate Solutions America Insurance Corporation or Swiss Re Corporate Solutions Premier Insurance Corporation. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. � � \/'� � i\ Para obtener informacion o para someter un queja: Puede comunicarse con Surety Claims Department al 1-816-235-3702. Usted puede llamar Swiss Re Corporate Solutions America Insurance Corporation o Swiss Re Corporate Solutions Premier Insurance Corporation para informacion o para someter una queja al: 1-816-235-3702 Usted tambien puede escribir a Swiss Re Corporate Solutions America Insurance Corporation o Swiss Re Corporate Solutions Premier Insurance Corporation al: 1200 Main Street, Suite 800 Kansas City, MO 64105 Puede escribir al Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: h�t n://www.tdi.state.tx.us E-mail: onsum rPro tionntdi.state.tx.Ls DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Swiss Re Corporate Solutions America Insurance Corporation o Swiss Re Corporate Solutions Premier Insurance Corporation primero. Si no se resuelve la disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. UNA ES'I'E AVISO A SU POLIZA: Este aviso es solo para proposito de infi•omacion y no se converte en parte o condicion del documento adjunto.