Royal Oaks- CS110915 Liberty Interchange Corporate Center
450 Plymouth Road,Suite 400
r' ` Mutual- Plymouth Meeting,PA.19462-1644
Ph.(610)832-8240
MAINTENANCE BOND
Bond Number: 022034160
KNOW ALL MEN BY THESE PRESENTS,that we Conatser Construction TX, LP
P. O. Box 15448
Fort Worth,TX 76119 , as principal (the"Principal"),
and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surety"), are
held and firmly bound unto City of Coppell
Coppell, Texas 75019 , as obligee(the"Obligee"),
in the penal sum of Two Hundred Eighty Nine Thousand, Nine Hundred Twenty-Four and 50/100
Dollars($ 289,924.50 ),
for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs,
executors, administrators,successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,the Principal has by written agreement dated , entered into a contract(the
"Contract")with the Obligee for Grading, Paving and Utility Improvements including Water, Storm and Sanitary
Sewer, 5 Acre Tract, Royal Oaks, Coppell, Texas
which contract is by reference made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall remedy without cost to the
Obligee any defect which may develop during a period of two(2) year(s) from the date of completion and
acceptance of the work performed under the Contract, provided such defects are caused by defective or inferior
materials or workmanship, then this obligation shall be null and void; otherwise, it shall be and remain in full force and
effect.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1. Obligee shall provide both Principal and Surety with written notice of the discovery (Notice of Discovery) of
any item of defective or inferior materials or workmanship during the covered period (a "Covered Item").
Should Principal improperly fail to remedy the Covered Item, then Obligee shall make a written demand
upon the Surety("Demand") within ninety (90)days of the Obligee's issuance of the Notice of Discovery of
the Covered Item.
2. The Notice of Discovery and the Demand shall be in writing and via certified mail to the Principal and to
the Surety. Notice to the Surety shall be delivered to the attention of the Surety Law Department at the above
address.
3. No suit or action may be commenced by the Obligee against the Surety after the expiration of one(1)year(or
such lesser time period as otherwise permitted by relevant law) from the date of Obligee's discovery of
a Covered Item. If the provision of this paragraph is void or prohibited by law, the minimum period of
limitation available to sureties as a defense in
the jurisdiction of the suit shall be applicable.
DATED as of this day of 3 t Q/WJ t(20 (� .
WITNESS/ATTEST Conatser Construction TX, LP
(Principal) //
By: Agil1-1131177P (Seal)
Name:Brock of Conatser
Title: Management Group, Inc., GP
LIBERTY MUTUAL INSURANCE C•MPANY
(s7/
By.40111/7../ C �/✓1-t1!/ (Seal)
Attorney-ir(Fact
Glenna S. Davis
LMIC-5300 Rev.03/04
•
THIS POWERS ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4748509
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the
extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company(the"Company"),a Massachusetts stock insurance company,
pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint GREG A.WILKERSON,
GLENNA S.DAVIS,CATHY VINSON,CAROLYN MAPLES,JOHN R.WILSON,ALL OF THE CITY OF FORT WORTH,STATE OF TEXAS
,each individually if there be more than one named, its true and lawful attorney-in-fact to make,execute, seal, acknowledge and deliver,for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
TWENTY FIVE MILLION AND 0W100********************* *****************"**************************** DOLLARS($ 25,000,000.00**************************** ) each, and the
execution of such undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company
as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. co
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the -0
wchairman or the president may prescribe,shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, N
o execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys- 0
0 in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and E
-a vi execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if 3
Nem signed by the president and attested by the secretary. .0
Bythe followinginstrument the chairman or thepresident has authorized the officer or other official named therein to appointa
co
attorneys-in-fact: R
0 3 Pursuant to Article XIII,Section 5 of the By-Laws,David M.Carey,Assistant Secretary of Liberty Mutual Insurance Company,is hereby authorized ( 0
s_ 0) to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety 0 I-'
,,v„ Z any and all undertakings,bonds,recognizances and other surety obligations. d W
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d > That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. O a_° = aM
.a IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty ,F ..
c'N Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 3rd day of August 0
03 O a 2011 . L.
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L LIBERTY MUTUAL INSURANCE COMPANY 3 O
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0++,a) N David M. Carey,A'sistant Secretary
CO W COMMONWEALTH OF PENNSYLVANIA ss 0 a
r,a; COUNTY OF MONTGOMERY Z'ct
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E 6 On this 3rd day of August 2011 , before me, a Notary Public, personally came David M. Carey, to me known, and .03 0
48 a acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation;and that he executed >c
.a A the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said
— 0corporation. ++CNI
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-, c IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year I ''
z v first above written. ` , ,c^
_.. .Nora s1 Seal C o
Teresa Pasted.,Notary Public V
OFPlymouth Two.,Montgomery.1mery Cnurrry ,, �J��,��i p t0
My Commission Expires tar,28,2013 By ""'w I�co
Member,Pennsylvania Association of Notaries Teresa Pastella, Notary Public
CERTIFICATE
I,the undersigned,Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is
a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said
power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,
Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following
vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified
copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the
same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of
x„,•J',..
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d�...1$i2�dbg ..gig!^----
Agg
.I * r' Gregory W. Davenport,Assistant Secretary
` 1
�.: Liberty,
P ` Mutual
Important Notice
TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT:
You may write to Liberty Mutual Surety at:
Liberty Mutual Surety
Interchange Corporate Center
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462-8284
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: http://www.tdi.state.tx.us
E-mail: ConsumerProtectiontdi.state.tx.us
Premium or Claim Disputes
Should you have a dispute concerning a premium, you should contact the agent first. If you
have a dispute concerning a claim, you should contact the company first. 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.
LMIC-3500 Page 1 of 2 Rev.7.1.07
1
EXHIBIT E
CONTRACTOR'S INSURANCE AND BONDING REQUIREMENTS
The Contractor shall purchase and maintain insurance as set forth herein and in Article 17 of the
Agreement. Such insurance shall be written for not less than the following limits,or greater if required by
law:
1. Workers' Compensation and Employers' Liability: Contractor shall maintain
workers' compensation insurance within the statutory limits required under Texas law; and employer's
liability insurance in the amount of$1,000,000 each employee for bodily injury by accident, $1,000,000
each employee for bodily injury by disease, and $1,000,000 per disease aggregate policy limit, or within
the statutory limits required under Texas law, whichever is greater. The alternate employer endorsement
(WC 00 03 01 A)shall be attached showing Owner in the schedule as the alternate employer. Contractor
• waives all rights against Owner and the Indemnified Parties(as defined in Section 9.15 of the Agreement)
for recovery of damages to the extent such damages are covered by the workers' compensation/employer's
liability insurance obtained by Contractor hereunder.
2. Commercial General Liability: Contractor shall maintain commercial general liability
("CGL") insurance with a limit of not less than $1,000,000 each occurrence with a $2,000,000 general
aggregate. Coverage shall be provided on ISO occurrence form CG 00 01 or a substitute form providing
equivalent coverage. The CGL insurance general aggregate limit shall apply separately to this Project.
CGL insurance shall cover liability including, but not limited to, liability arising from premises,
operations, independent contractors, products-completed operations, property damage, personal injury,
and Broad Form Contractual Liability specifically in support of, but not limited to, the indemnity section
of the Agreement and all other insurable provisions of the Agreement. Owner shall be included as
additional insured under the CGL policy, using ISO Additional Insured Endorsement CG 20 10 10 01
(ongoing operations)and CG 20 37 10 01 (completed operations)or equal coverage. This insurance shall
apply as primary insurance with respect to any other insurance or self-insurance programs maintained by
Owner. Contractor waives all rights against Owner and the Indemnified Parties for recovery of damages
to the extent these damages are covered by the CGL insurance maintained hereunder. Coverage shall be
maintained as specified herein for at least two (2) years following substantial completion of the Work.
There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability
arising from explosion,collapse,underground property damage,or site-related employment practices.
3. Automobile Liability: Contractor shall maintain business auto liability insurance with a
limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any
auto, including owned, hired,and non-owned autos. Business auto coverage shall be written on ISO form
CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that
provided in the 1990 and later editions of CA 00 01. Contractor waives all rights against Owner and the
Indemnified Parties for recovery of damages to the extent these damages are covered by the business auto
liability insurance obtained by Contractor hereunder. Owner shall be included as additional insured under
this policy.
4. Umbrella/Excess Liability: Contractor shall maintain umbrella liability insurance with
a limit of not less than $1,000,000. Such insurance shall be excess of the CGL insurance, business auto
liability insurance, and employer's liability insurance. Owner shall be included as additional insured
under this policy. Coverage to be following form excess of the underlying,and is to drop down and apply
as primary coverage if the underlying coverage is depleted. Defense costs are to be in addition to policy
Exhibits to AIA A107—Conatser Construction Texas L.P.—ROYAL OAKS
•
r AFFIDAVIT
STATE OF TEXAS
COUNTY OF TARRANT
Before me, the undersigned authority, a Notary Public in the state and county aforesaid,
on this day personally appeared Brock Huggins, Partner, of Conatser Construction TX, LP,
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 Coppell (if any),
has been paid; and
That there are no claims pending for personal injury and/or property damages;
On Contract described as:
ROYAL OAKS
WATER, SANITARY SEWER,
STORM DRAIN AND PAVING IMPROVEMENTS
CITY OF COPPELL
STATE OF TEXAS
CONATSER CONSTRUCTION TX, LP
1/JL
Brock Huggins
Partner
Subscribed and sworn to before me this 10th day of Janua
.--. >r .. Bertha Gianulis
,: :, Notary Public in Tarrant County, Texas
=fir Notary Public for
=tState of Texas
✓ My commission expires:09/18/2015
1
a-
sr
• ` If ]�hInterchange
e 450 Plymouth CR ad,Suite 400
Mutual-.
f . t litllal. Plymouth Meeting,PA 19462-1644
Ph.(610)832-8240
CONSENT OF SURETY TO FINAL PAYMENT
To: Bright Realty, LLC
4228 N. Central Expressway, Suite#300
Dallas, TX 75206
RE: Royal Oaks, Coppell, TX
Principal: Conatser Construction TX, LP
Obligee: Bright Realty, LLC
Contract Number: Contract Date: September 16, 2011
Contract/Project Description:
Grading, Paving and Utility Improvements including Water, Storm and Sanitary Sewer for 5 acre tract
In accordance with the provisions of the contract between the Obligee and the Principal described above,
LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as Surety(the"Surety"),
on the Principal's bond number 022034160 (the"Bond")hereby consents to the final payment to
the Principal by the Obligee and agrees that final payment to the Principal shall not relieve the Surety of any of its
obligations to Obligee as set forth in the Bond.
IN WITNESS WHEREOF,the Surety has hereunto set its hand and seal this 8th day of January
2012
LIBERTY MUTUAL INSURANCE C. -ANY
(Surety)
By: 0111:__ / I Seal)
Attorney-in-Fact
Glenna S. Davis
LMIC-3100 Rev.03/04
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PANTED ON RED BACKGROUND. 4748700
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the
extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company(the"Company"),a Massachusetts stock insurance company,
pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint GREG A.WILKERSON,
GLENNA S.DAVIS,CATHY VINSON,CAROLYN MAPLES,JOHN R.WILSON,ALL OF THE CITY OF FORT WORTH,STATE OF TEXAS
,each individually if there be more than one named, its true and lawful attorney-in-fact to make,execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
TWENTY FIVE MILLION AND 00/100******************************************************************** DOLLARS($ 25,000,000.00**************************** ) each, and the
execution of such undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company
as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. to
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the >3
rn
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act'in behalf of the Company to make, N
oo execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys- w
aL CL in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and
-a • execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if rn
d signed by the president and attested by the secretary.
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By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: to
— R — O
= Pursuant to Article XIII,Section 5 of the By-Laws,David M.Carey,Assistant Secretary of Liberty Mutual Insurance Company,is hereby authorized is
P. I) to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety v I—
,� any and all undertakings,bonds,recognizances and other surety obligations. m W
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> That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. r O.
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d. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty
C'y Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 3rd day of August O'*
co O i 2011 • L'a
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C 1„. ii:ii 4 LIBERTY MUTUAL INSURANCE COMPANY 03 cv'
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C tti 44a� ,... zd By i O
0)( • * David M.Carey,A sistant Secretary of
GO i COMMONWEALTH OF PENNSYLVANIA ss 0 c
t, COUNTY OF MONTGOMERY .>d
o•E 3
E e On this 3rd day of August 2011 , before me, a Notary Public, personally came David M. Carey, to me known, and Ti
d
to
o acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation;and that he executed >JZ
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the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said t
v corporation. .,.N
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E N
*+ i IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year z M
o z 0 first above written. c 0°
(it 'aster,, u.3 ��%� :�1�/ 0 0 Teresaa�ie iR Ur pry PueE, VOFPymouth Twp..Ado:tgome:{Co ch', OMy Commission!xpires Mar, 8 2313 By /��� I—r Member,Pennsylvania Association of Notaries Teresa Pastella, Notary Public
CERTIFICATE
I,the undersigned,Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is
a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said
power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,
Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following
vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified
copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the
same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 8th day of
January , 2012 .
.'Eats , All. ��
, Gregory W. Davenport,Assistant Secretary