HomeMy WebLinkAbout065142-PM1 - Construction-Related - Contract - Hillwood Alliance Services, LLCCSC No. 65142-PM1
FORT WO F TI
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
WATER IMPROVEMENTS
TO SERVE
Westport 12 Water Improvements
IPRC Record No. IPRC26-0026
City Project No. 106832
FID No. 30114-0200431-106832-EO7685
File No. MA
X No.: X-28892
Mattie Parker JESUS "JAY" CHAPA
Mayor City Manager
Christopher P. Harder, P.E.
Director, Water Department
Lauren Prieur, P.E.
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
PELOTON LAND SOLUTIONS, A WESTWOOD COMPANY
9800 HILLWOOD PARKWAY, SUITE 250
FORT WORTH, TX 76177
817-562-3350
TBPE FIRM NO. 12207
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CO4:q
D,,,._MD rROPOSAt.
pap l aCl
8 ECTION DO 42 43
Developer Avairded Projects -PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Bid Summary
WATERIMpROVEMEN75
T.hir Bid is S.Wm lied try the -tRY named below:
BIDDER:
Comber Cuwtroelina 77L R8
U27 Wichita St.
Fort Worth, 7X 761191
ComradOr area to Complele WORK for FINAL ACCE'ETANCS wlihm
CONT RACr mmmmcer to wn as Provided is the General C-56009.
crrYwP0TwmTH
SrAttDAFMC0"S7RUCr1�R15F1=J`ATrN IY7ClrL�F1I5-OEV@J.�FRAWAR11tlDl+gO11.[iS
Vw V,dmMor=2019
565.350.00
Total Construrdon Bid 56535O.DD
BY, BROCK HUGGINS
.A e
TITLE: PRESIDENT
DATE:
el worRinR da7saRer the date when the
END OF SECTION
aid Aapml NPI]Wae, 6,pwwmaaardn
OD 45 12
DAP PREQUALIECATFON STATEMPNr
Page 1 of 1
SECTION 00 4512
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 work type(s) listed. In the "Major Work
T+ oe" box Provide the complete major work v, 0 and actual description as Provided by the Water
Department for water and sewer and TPW for pavin&
Major Work Type - Contractor/Subcontractor Company Name Prequalification
Ex i—on Date
Water New Development Openq -C X ` L� 4/-3Q12Jo
Cut t.12" and under)
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above
are currently prequalified for the work types listed.
BIDDER:
1513a7 VU i c, ro Sl"
fb�+ 1jVCVt h ,.i'y- -je i i q
BY: $tfU9gi ns
(Signature)
TITLE: PrEts- i d e-rv+
DATE:
END OF SECTION
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.106832
Form Version September 1, 2015 00 45 12 Prequallfleatlon Statement 2015 DAP
004528-1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 102
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 employees employed on
5 City Project No.106832. Contractor further certifies that, pursuant to Texas Labor Code,
6 Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of
7 compliance with worker's compensation coverage.
8
9 CONTRACTOR:
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11 C<=-KerCC015t U Cn TX.LP By: _ ea0C--f tUC9inS
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44J,
Company
1 \J i(y)i fC1 ST. Signature:
Address
(Please Print)
MLtDO/bn tot 19 Title:
City/State/Zip (Please Print)
21 THE STATE OF TEXAS a
22
23 COUNTY OFTARRANT 9
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25 BEFORE ME, the undersigned authority, on this day personally appeared
26 bMCk=- 11QIgQi 0S' , known to me to be the person whose name is
27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
28 same as the act and deed of Pres1 dt4j- I CM a L-f 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 day of
32�� ,20
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CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.106832
Revised April2. 2014
00 4S 2§ - z
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 2 of 2
W(q0%T111ER11E ROSEYFU0,ATQtlFTEIi7aa4sTsaa2 s 11.ac.s02s,
3 Notary Public in and for the State of Texas
4
5 END OF SECTION
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.106832
Revised April 2, 2014
1
SECTION 00 52 43
005243-1
Developer Awarded Project Agreement
Page 1 of 6
2 AGREEMENT
3 THIS AGREEMENT, authorized on April 7, 2026 is made by and between the Developer,
4 (Insert Full Legal Name of Developer), authorized to do business in Texas ("Developer") ,
5 and Hillwood Alliance Services, LLC authorized to do
6 business in Texas, acting by and through its duly authorized representative, ("Contractor").
7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth,
8 agree as follows:
9 Article 1. WORK
10 Contractor shall complete all Work as specified or indicated in the Contract Documents for
11 the Project identified herein.
12 Article 2. PROJECT
13 The project for which the Work under the Contract Documents may be the whole or only a
14 part is generally described as follows:
ill; .o • 1.
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 3.2 Final Acceptance.
22 The Work will be complete for Final Acceptance within working days after the date
23 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
25 Projects.
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27
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.106932
Revised June 16.2016
005243-2
Developer Awarded Project Agreement
Page 2 of 6
28 3.3 Liquidated damages
29 Contractor recognizes that time is of the essence of this Agreement and that
30 Developer will suffer financial loss if the Work is not completed within the times
31 specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance
32 with Article 10 of the Standard City Conditions of the Construction Contract for
33 Developer Awarded Projects. The Contractor also recognizes the delays, expense
34 and difficulties involved in proving in a legal proceeding the actual loss suffered by
35 the Developer if the Work is not completed on time. Accordingly, instead of requiring
36 any such proof , Contractor agrees that as liquidated damages for delay (but not as
37 a penalty), Contractor shall pay Developer WA Dollars ($WA) for each day that
38 expires after the time specified in Paragraph 3.2 for Final Acceptance until the City
39 issues the Final Letter of Acceptance.
40 Article 4. CONTRACT PRICE
41 Developer agrees to pay Contractor for performance of the Work in accordance with the
42 Contract Documents an amount in current funds of;Lty-five thousand three hundred and
43 flff3f Dollars ($65.350).
44 Article 5. CONTRACT DOCUMENTS
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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 (project specific)
b. Insurance ACORD Form(s)
c. Payment Bond (DAP Version)
d. Performance Bond (DAP Version)
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.106B32
Revised .June 16, 2016
005243-3
Developer Awarded Project Agreement
Page 3 of 6
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
65 attachment or, if not attached, as incorporated by reference and described in
66 the Table of Contents of the Project's Contract Documents.
67 6. Drawings.
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7. Addenda.
8. Documentation submitted by Contractor prior to Notice of Award.
9. The following which may be delivered or issued after the Effective Date of the
Agreement and, if issued, become an incorporated part of the Contract
Documents:
a. Notice to Proceed.
b. Field Orders.
c. Change Orders.
d. Letter of Final Acceptance.
CITY OF FORTWORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.106832
Revised June 16, 2016
00 52 43 - 4
Developer Awarded Project Agreement
Page 4 of 6
79 Article 6. INDEMNIFICATION
80 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its
81 own expense, the city, its officers, servants and employees, from and against any
82 and all claims arising out of, or alleged to arise out of, the work and services to be
83 performed by the contractor, its officers, agents, employees, subcontractors,
84 licenses or invitees under this contract. This indemnification provision is
85 specifically intended to operate and be effective even if it is alleged or proven that
86 all or some of the damages being sought were caused, in whole or in part, by any
87 act. omission or negligence of the city. This indemnity provision is intended to
88 include, without limitation, indemnity for costs, expenses and legal fees incurred
89 by the city in defending against such claims and causes of actions.
DOE
91 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own
92 expense, the city, its officers, servants and employees, from and against any and
93 all loss, damage or destruction of property of the city, arising out of, or alleged to
94 arise out of, the work and services to be performed by the contractor, its officers,
95 agents, employees, subcontractors, licensees or invitees under this contract.
96 This indemnification provision is specifically intended to operate and be effective
97 even if it is alleged or proven that all or some of the damages being sought were
98 caused, in whole or in part, by any act, omission or negligence of the city
99
100 Article 7. MISCELLANEOUS
101 7.1 Terms.
102 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions
103 of the Construction Contract for Developer Awarded Projects.
104 7.2 Assignment of Contract.
105 This Agreement, including all of the Contract Documents may not be assigned by the
106 Contractor without the advanced express written consent of the Developer.
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 106832
Revised June 16, 2016
005243-5
Developer Awarded Project Agreement
Page 5 of 6
107 7.3 Successors and Assigns.
108 Developer and Contractor each binds itself, its partners, successors, assigns and
109 legal representatives to the other party hereto, in respect to all covenants,
110 agreements and obligations contained in the Contract Documents.
111 7.4 Severability.
112 Any provision or part of the Contract Documents held to be unconstitutional, void or
113 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
114 remaining provisions shall continue to be valid and binding upon DEVELOPER and
115 CONTRACTOR.
116 7.5 Governing Law and Venue.
117 This Agreement, including all of the Contract Documents is performable in the State
118 of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for
119 the Northern District of Texas, Fort Worth Division.
120
121 7.6 Authority to Sign.
122 Contractor shall attach evidence of authority to sign Agreement, if other than duly
123 authorized signatory of the Contractor.
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125 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in
126 multiple counterparts.
127
128 This Agreement is effective as of the last date signed by the Parties ("Effective Date")
129
Contractor:
Developer:
conotgfrcays cUi ��dZ I ion 'Vic ,
TX I L.P.0.c%xa5 � � m� ��� � �al^�► l i rl `
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.106832
Revised June 16, 2016
iRX,'
005243-6
Developer Awarded Project Agreement
Page 6 of 6
By BY: �.
(gig re) (Signature)
-6r-0 C-+-- tt-L�q 9 i n k UbL —1 (-i]C�-
(Printed Name) (Printed Name)
Title: dehl -
Company Name: C[ -)QtS-6r
GG- !—S;f , TX $ U-
Address:
C53-8��7 VV f 61) t 9-n- ,Sf
Title: C „. � � C.eCt et>,%6 Q.n
Company dame:
Address:
A ►� O.�1 1
City/State/Zip: wl Iq City/State/Zip•
Date
CITY OF FORT WORTH
1 -f
Date
W ESTPORT 12 WATER IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPERAWAROED PROJECTS CITY PROJECT NO.106832
Revised June 16. 2016
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006125-1
CERTIFICATE OF INSURANCE
Page 1 of 1
SECTION 00 6125
CERTIFICATE OF INSURANCE
END OF SECTION
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 106832
Revised July 1, 2011
Bond No. 0270907
0062 13- 1
PERFORMANCE BOND
Page I of 3
I SECTION 00 62 13
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That %ve. Conatser Construction TX. L.P. , known as
8 "Principal' herein and Berkley Insurance Corn. an1v a corporate
9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as
10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Hillwood
I I Alliance Services, LLC, authorized to do business in Texas ("Developer') and the City of Fort
12 Worth, a Texas municipal corporation ("City"), in the penal sum of, Sixty Five Thousand,
13 Three Hundred Fifty and No/100------------------ Dollars ($ 65,350.00
14 lawful money of United States, to be paid in Fort Worth, Tarrant. County, Texas forthe
15 payment of which sum well and truly to be made jointly unto the Developer and the City as dual
16 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
17 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
C FA26-0051
20 Agreement, CFA Number ;and
21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded
22 the 7 day of _April . 2026, 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 1-YESTPORT 12 W4 TER
26 ]MPROVEMENTS_
27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal
28 shall faithfully 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.
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CITY CONDITIONS DEVELOPER AWARDED PROJECTS CITY PROJECTNO.106832
Revised January 31. 2012
006213-2
PERFORMANCE BOND
Page 2 or3
I PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
2 Tarrant County. Texas or the United States District Court for the Northern District of Texas, Fort
3 Worth Division.
4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
6 accordance with the provisions of said statue.
7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
8 this instrument by duly authorized agents and officers on this the _ 7 day of April
9 , 2026.
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ATTEST:
_lE��I+st-!+L� `
{Principal) Secret
K_
Witness as to Principal
ltness as to Surety
PRINCIPAL:
Conatser Construction. TX, L.P.
BY: __� .............�
Signature
Brock Huins, President
jName and Title
Address: 5327 Wichita St.
Fort Worth, TX 76119_
SURETY:
_ Berkley Insurance Companv
BY:
Signature
Robbi Morales, Attorney -in -fact __
Name and Title
Address: 5005 LBJ Freeway. Suite 1400
Dallas, 75244
Telephone Number: 214/989-0000
"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.
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 106832
Revised January 31, 2012
0062 13-3
PERFORMANCE BOND
Page 3 of 3
The date of'the bond shall not be prior to the date the Contract is a%varded.
CITY OP FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 106832
Revised Junuaty 31, 2012
Bond No. 0270907
SECTION 00 63 14
GO 62 14 - 1
PAYMENT BOND
Page I of 3
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we. Conatser Construction TX, L.P. known as
8 "Principal" herein, and Berkley Insurance Company _ _, a
9 corporate surety ( or sureties if more than one), duly authorized to do business in the State of
10 Texas. known as "Surety" herein (whether one or more), are held and firmly bound unto the
11 Developer, Millwood Alliance Services, LLC, authorized to do business in Texas "(Developer"),
12 and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal
13 SLIM of Sixt\ Five Thousand, Three Hundred Fiff and Noll 00------- Dollars
14 (S65,350.00 f, lawful money of the United States, to_be paid in Fort -Worth,
15 Tarrant County, Texas, ibr the payment of Which surn well and truly be made jointly unto the
16 Developer and the City as dual obligees, we bind ourselves, our heirs. executors, administrators,
17 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
C FA26-0051
20 Agreement, CFA Number ;and
21 WHEREAS, Principal has entered into a certain Written Contract with Developer,
22 awarded the 7 _day of Aril _ _ . 2026 ,which Contract is hereby
23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all
24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the
25 Work as provided for in said Contract and designated as WESTPORT 12 WATER
26 1hfPRO IIEME.VTS.
27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
31 force and effect.
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 106932
Revised Januan• 31. 2012
4062 14-2
PAYMENT BOND
Page 2 of3
1 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 statute.
4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the 7 day of
_April , 2026 .
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ATTEST:
(Principal) Secre.
Witness as to Principal
ATTEST:
c
(Surety) Secretary
ness as to Surety
PRINCIPAL:
Conatser Construction TX, L.P.
BY:
Signature
Brock Huggins, President
Name and Title
Address: 5327 Wichita St
Fort Worth, TX 76119 _
SURETY:
Berklev Insurance Companv
BY:
Signature
Robbi Morales, Attorney -in -fact
Name and Title
Address: 5005 LBJ Freeway^, Suite 1400
Dallas, TX 75244
Telephone Number: 214/989-0000
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical
address is different from its (nailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
END OF SECTION
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 106832
Revised Jarman• 31, 2012
0062 14.3
PAYMENT BOND
Page 3 of'3
CITY OF FORT WORTIi WESTPORT 12 WATER IMPROVEMENTS
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 106832
Revised January 31, 2012
Bond No. 0270907 00 62 19 -1
MAI NTENAN CE SONO
Page 1 of 5
1 SECTION 00 6219
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS >3
5 KNOW ALL BY THESE PRESENTS:
6 COUNTY OFTARRANT §
7 That we Conats_er Construction TX. L.P. _, known as
8 "Principal" herein and. Berklev Insurance Compan_, _, a corporate surety
9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as
10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer,
11 authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas
12- municipal corporation ("City"), in the sum Of, Sixty Five Thousands Three
13 Hundred Fifty and No/100------------ Dollars ($ 65.350.00 ), lawful
14 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of
15 which sum well and truly be made jointly unto the Developer and the City as dual obligees
16 and their successors, we bind ourselves, our heirs, executors, administrators, successors
17 and assigns, jointly and 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;and
21 WHEREAS, the Principal has entered into a certain written contract with the
22 Developer awarded the 7 dayof _.Apl"Ili _ 20M,which
23 Contract is hereby referred to and a made part hereof for all purposes as if fully set forth
24 herein, to furnish all materials, equipment labor and other accessories as defined by law, in
25 the prosecution of the Work, including any Work resulting from a duly authorized Change
26 Order (collectively herein, the "Work") as provided for in said Contract and designated as
27 WESTPORT 12 WATER IMPROVEMENTS and
28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
29 accordance with the plans, specifications and Contract Documents that the Work is and
CITYOF FORTWORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 106832
Revised January 31, 2012
006219.2
MAINTENANCE BOND
Page 2 of 5
1 will remain free from defects in materials or workmanship for and during the period of two
2 (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period");
3 and
4 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
5 upon receiving notice from the Developer and/or City of the need thereof at anytime within
6 the Maintenance Period.
7 NOW THEREFORE, the condition of this obligation is such that if Principal shall
8 remedy any defective Work, for which timely notice was provided by Developer or City, to a
9 completion satisfactory to the City, then this obligation shalt become null and void;
10 otherwise to remain in full force and effect.
11 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct anytimely
12 noticed defective Work, it is agreed that the Developeror City may cause any and all such
13 defective Work to be repaired and/or reconstructed with at( associated costs thereof being
14 borne by the Principal and the Surety under this Maintenance Bond; and
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,
17 Fort Worth Division; and
18 PROVIDED FURTHER, that this obligation shall be continuous in nature and
19 successive recoveries may be had hereon for successive breaches.
20 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED
21 this instrument by duty authorized agents and officers on this the �_ day of
22 April , 2026.
23 PRINCIPAL:
24
25 Conatser Construction TX, L.P. 4_
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CITY OF FORTWORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CITYCONDITIONS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 106932
Revised January 31, 2012
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ATTEST:
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(Principal) Secretary
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RA.-e
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Witness as to Principal
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CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised lanuary31, 2012
006219-3
MAINTENANCE BOND
Page 3 of 5
a
Signature
Brock Huggins, President
Name and Title
Address:
5327 Wichita St.
Fort Worth, TX 76119
SURETY:
Berkley Insurance Comrany
WESTPORT 12 WATER IMPROVEMENTS
CITY PROJECT NO.1136832
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11
12 ATTEST:
13
14
15
16 (Surety) Secretary
17
18
13
20
21 Witness as to Surety
22
23
006219-4
MAINTENANCE BOND
Page 4 ol5
Signature
Robbi Morales, Attorney -in-fact
Name and Title
Address:
5005 LBJ Freewa\ , Suite 1400
Dallas, TX 75244
Telephone Number:
214/989-0000
24 *Note: If signed by an officer of the Surety Company, there must be on file a certified
25 extract from the by-laws showing that this person has authority to sign such
26 obligation. If Surety's physical address is different from its mailing address, both
27 must be provided.
28
CITY OF FORT WORTH WESTPORT 12 WATER IMPROVEMENTS
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 106832
Revised January 31, 2012
006219-5
MAINTENANCE BOND
Page 5 of 5
The date of the bond shall not be prior to the date the Contract is awarded
CITY OF FORT WORTH W ESTPORT 12 WATER IMPROVEMENTS
STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 106832
Revised January 31. 2012
No. Bi-72801
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
morganized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted
and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E. Cornell; Sophinie Hunter;
b,P Robbi Morales, Kelly A. Westbrook; Tina McEwan; Joshua Saunders; Tonie Petranek; or Mikaela Peppers of Aon Risk
Services Southwest, Inc. of Dallas, TX its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below
A and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty
Cd C Insurance, providing that no single obligation shall exceed Fifty Million and 001100 U.S. Dollars (U.S.$50,000,000.00), to the
same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its
principal office in their own proper persons.
v
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
vc dfollowing
> without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the foll owing
> 2 resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
y RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
oExecutive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein
,L to execute bonds, undertakings, recognizances, or other suretyship, obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers' of attorney executed pursuant hereto; and said officers may remove any such
attomey-in-fact and revoke any power of attorney previously granted; and further
- = RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
,b,41 RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and
further
o cw
RESOLVED, that the signature of any authorized officer and the seal of the Company maybe affixed by facsimile to any
c. E power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company; and such signature and seal when soused shall have the same force and effect as
y though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
0 o corporate seal hereunto affixed this 2"d day of Mav 2024
o x Attest Berkley Insurance Company
Y (Seal) By._� `���"-� ..�n By —
Ems- Philip 5. elt Je - M a
G -o Executive Vice President & Secretary Senior Vice President
0 cn
STATE OF CONNECTICL-T )
°J COU7"TY OF F kMFIELD )
0
"o Swom to before me. a Notary Public in the State of Connecticut this 2"d day of May, 2024 , by Philip S- Welt and
N E Jeffrey M Hafter who are sworn to me to be flhe Executive Vice President and. Secretary, and the Senior Vice President,
o respectively, of B eddey Insurance. Company.
r,
s MAM C. REINOBAEQ7N
140TARY MMW Notary Public, State. of Connecticut
CONNECnCLf
c llilYCOMMEE> M EWIRE S 0 -90-1= CERTIFICATE
C� A
L the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, D0 BEREBY CERTIFY that the foregoing is a
� true; Correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescin ded
and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of
Attorney is attached, is in full farce and effect as of this date.
3 y Given under my hand and seal of the Company, this day of
(Seal) -
Vincent P. Forte
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Berkley Surety Group, LLC and its affiliates by
telephone for information or to make a complaint:
BERKLEY SURETY GROUP, LLC
Please send all notices of claim on this bond to:
Berkley Surety Group, LLC
(866) 768-3534
412 Mount Kemble Avenue, Suite 31ON
Morristown, NJ 07960
Attn: Surety Claims_Department
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
Pax: (512) 475-1771
Web: httj1www.tdi.state-tx.us
E-mail: ConsumerProtectionCcDtdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim -
you should contact your agent or Berkley Surety Group, LLC first. It
the dispute'is not resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
'This notice is for information only and does not become a part or
condition of the attached document and is given to comply with Texas
legal and regulatory requirements.