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HomeMy WebLinkAboutContract 56608-FP2 City Secretary56608 -FP2 Contract No. FORTWORTH. Date Received Oct. 11, 2022 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: Highland Hills East Extension City Project No 103462 Improvement Type(s): Water ❑x Sewer Ox Original Contract Price: $354,356.00 Amount of Approved Change Order(s): $30,470.00 Revised Contract Amount: Total Cost of Work Complete: $384,826.00 Oct 5, 2022 Jacob Gatewood(Oct 5,202214:42 CDT) Contractor Date Project Management Title Conatser Construction TXLP Company Name Oct 6 2022 7ct*00111CDT) 7 Project Ins ector Date Patrick i dey(Oc ,202210:20 CI T` Oct V) 2022 Project Manager Date LLgeG 6`11aK y LghgGL4 Oct 6, 2022 Dwayne ollars on behalf of(Oct 6,2022 11:20 CDT) CFA Manager Date /06z� Oct 6, 2022 Interim TPW Director Date 7 Wj(Oct 7.202207: CDTI Oct 1 , 2022 Asst. City Manager Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 2 Notice of Project Completion Project Name: Highland Hills East Extension City Project No.: 103462 City's Attachments Final Pay Estimate ❑x Change Order(s): 0 Yes ❑ N/A Pipe Report: 0 Yes ❑ N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time 80 WD Days Charged 161 Work Start Date 06/10/2021 Work Complete Date: 9/13/2022 Soil Lab Number of Tests 116 Water Number of Tests 2 Page 2 of 2 FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name HIGHLAND HILLS EAST EXTENSION Contract Limits Project Type WATER&SEWER City Project Numbers 103462 DOE Number 3462 Estimate Number 1 Payment Number 1 For Period Ending 9/27/2022 WD City Secretary Contract Number Contract Time 8WD Contract Date 11/22/2021 Days Charged to Date 161 Project Manager NA Contract is 100.00 Complete Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 Inspectors GLOVER,M / ARNHART,M Wednesday,October 5,2022 Pagel of 5 City Project Numbers 103462 DOE Number 3462 Contract Name HIGHLAND HILLS EAST EXTENSION Estimate Number I Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 9/27/2022 Project Funding UNIT I:WATER IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 12"WATER PIPE 515 LF $76.00 $39,140.00 515 $39,140.00 2 8"WATER PIPE 5 LF $48.00 $240.00 5 $240.00 3 6"WATER PIPE 5 LF $46.00 $230.00 5 $230.00 4 4" WATER PIPE 5 LF $44.00 $220.00 5 $220.00 5 CONNECTION TO EXISTING 4"-12"WATER I EA $1,000.00 $1,000.00 1 $1,000.00 MAIN 6 12"GATE VALVE 2 EA $2,800.00 $5,600.00 2 $5,600.00 7 8"GATE VALVE 1 EA $1,350.00 $1,350.00 1 $1,350.00 8 6"GATE VALVE 1 EA $1,250.00 $1,250.00 1 $1,250.00 9 4"GATE VALVE 1 EA $1,050.00 $1,050.00 1 $1,050.00 10 FIRE HYDRANT 1 EA $4,500.00 $4,500.00 1 $4,500.00 11 DUCTILE IRON WATER FITTIGS W/RESTRAINT 1.94 TN $5,500.00 $10,670.00 1.94 $10,670.00 12 4"-12"PRESSURE PLUG 4 EA $1,000.00 $4,000.00 4 $4,000.00 13 AUTOMATIC FLUSH VALVE 1 EA $3,500.00 $3,500.00 1 $3,500.00 14 TRENCH SAFETY 530 LF $2.00 $1,060.00 530 $1,060.00 15 6"WATER METER VAULT I EA $26,500.00 $26,500.00 1 $26,500.00 16 2"IRR WATERMETER BOX 1 EA $2,500.00 $2,500.00 1 $2,500.00 -------------------------------------- Sub-Total of Previous Unit $102,810.00 $102,810.00 UNIT H:SANITARY SEWER IMPROVEMENTS Item Estimated Estimated Completed Completed Description of Items Unit Unit Cost No. Quanity Total Quanity Total --------------------------------------- I T MANHOLE 4 EA $5,200.00 $20,800.00 4 $20,800.00 2 T MANHOLE W/WATERTIGHT GASKETS& 7 EA $6,200.00 $43,400.00 7 $43,400.00 COVERS 3 REMOVE 8"SEWER LINE 20 LF $20.00 $400.00 20 $400.00 4 12"PVC SEWER PIPE 1800 LF $75.53 $135,954.00 1800 $135,954.00 6 CONCRETE ENCASEMENT FOR UTILITY PIPES 26.8 CF $300.00 $8,040.00 26.8 $8,040.00 7 4'EXTRA DEPTH MANHOLE 31 VF $205.00 $6,355.00 31 $6,355.00 8 TRENCH SAFETY 2042 LF $2.00 $4,084.00 2042 $4,084.00 9 SEWER ABANDONMENT PLUG 1 EA $1,000.00 $1,000.00 1 $1,000.00 10 TWISTED GABION MATTRESSES 20 CY $400.00 $8,000.00 20 $8,000.00 Wednesday,October 5,2022 Page 2 of 5 City Project Numbers 103462 DOE Number 3462 Contract Name HIGHLAND HILLS EAST EXTENSION Estimate Number 1 Contract Limits Payment Number 1 Project Type WATER&SEWER For Period Ending 9/27/2022 Project Funding 11 EPDXY MANHOLE LINER 31 VF $395.00 $12,245.00 31 $12,245.00 12 POST-CCTV INSPECTON 2042 LF $4.00 $8,168.00 2042 $8,168.00 13 MANHOLE VACUUM TESTING I 1 EA $200.00 $2,200.00 11 $2,200.00 14 CONNECT TO EX.4'DIAMETER SSMH 2 EA $2,000.00 $4,000.00 2 $4,000.00 15 12"SEWER PIPE(DR-14) 225 LF $104.00 $23,400.00 225 $23,400.00 16 10"SEWER PIPE 44 LF $67.50 $2,970.00 44 $2,970.00 17 10"SEWER ABANDOMENT PLUG 1 EA $1,000.00 $1,000.00 1 $1,000.00 -------------------------------------- Sub-Total of Previous Unit $282,016.00 $282,016.00 ---------------------------- Wednesday,October 5,2022 Page 3 of 5 City Project Numbers 103462 DOE Number 3462 Contract Name HIGHLAND HILLS EAST EXTENSION Estimate Number I Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 9/27/2022 Project Funding Contract Information Summary Original Contract Amount $354,356.00 Change Orders Change Order Number 1 $30,470.00 Total Contract Price $384,826.00 Total Cost of Work Completed $384,826.00 Less %Retained $0.00 Net Earned $384,826.00 Earned This Period $384,826.00 Retainage This Period $0.00 Less Liquidated Damages Days @ /Day $0.00 LessPavement Deficiency $0.00 Less Penalty $0.00 Less Previous Payment $0.00 Plus Material on Hand Less 15% $0.00 Balance Due This Payment $384,826.00 Wednesday,October 5,2022 Page 4 of 5 City Project Numbers 103462 DOE Number 3462 Contract Name HIGHLAND HILLS EAST EXTENSION Estimate Number I Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 9/27/2022 Project Funding Project Manager NA City Secretary Contract Number Inspectors GLOVER,M / ARNHART,M Contract Date 11/22/2021 Contractor CONATSER CONSTRUCTION TxLP Contract Time 80 WD 5327 WICHITA ST Days Charged to Date 161 WD FORT WORTH, TX 76119 Contract is .000000 Complete CITY OF FORT WORTH SUMMARY OF CHARGES Line Fund Account Center Amount Gross Retainage Net Funded Total Cost of Work Completed $384,826.00 Less %Retained $0.00 Net Earned $384,826.00 Earned This Period $384,826.00 Retainage This Period $0.00 Less Liquidated Damages 0 Days @ $0.00 /Day $0.00 LessPavement Deficiency $0.00 Less Penalty $0.00 Less Previous Payment $0.00 Plus Material on Hand Less 15% $0.00 Balance Due This Payment $384,826.00 Wednesday,October 5,2022 Page 5 of 5 DEVELOPER-AWARDED-PROJECT CHANGE ORDER PROJECT NAME: Paving,Water,Sanitary Sewer&Streetlight Improvements to Serve Highland Hills East CHANGE CONTRACT: A-Paving,Water Sanitary Sewer&Streetlight Improvements ORDER No: CFA# 21-0124 CITY PARTICIPATION: NA CITYPROJECT# 103462 DOE# Al WATER PROJECT# SEWER PROJECTW FILE# K-2844 INSPECTOR: Phone No: PROJECT MANAGER: Pat Buckley Phone No: 817-392-2443 CONTRACT UNIT WATER SEWER PAVING DRAINAGE STREETLIGHTS CONTRACT Developer Develops Developer Developer Developer DAYS Cori City Cost Cost City cost Cost city Cost Cost City Cost Cost Clty Cost ORIGINAL CONTRACT $73,810.00 $280,546.00 $307,056.00 $0.00 $102,950.00 EXTRAS TO DATE $0.00 CREDITS TO DATE $0.00 CONTRACT TO DATE $73,810.00 $0.00 $280,546.00 $0.00 $307,056.00 $0.00 $0.00 $0.00 $102,950.00 $0.00 80 AMOUNT OF PROP.CHANGE ORDER $ 29,000,00 $ 1,470.00 $ (48,474.00) PL , $ (36,100.00) REVISED CONTRACT AMOUNT $102,610.00 $0.00 $282,016.00 $0.00 $258,582.00 $0,000 $0.00 $66,850.00 $0.00 80 TOTAL REVISED CONTRACT AMOUNT PERUNIT $102,810.00 $282,016.00 $258,582.00 0.00 $66,850.00 REVISED COST SHARE Dev.Cost: $710,256.00 IClty Cost: $0.00 TOTAL REVISED CONTRACT $710,250.00 Revised:10.12-2011 Page 1 You are directed to make the following changes to the contract documents: CITY BIO ITEM PAY ITEM!l g gUAt4TiT}' I UNIT ITEM DESCRIPTION UNITPRICE TOTAL 1 9999.0000' 1 FA 6"Water Meter&Vault 26 600.00 S 26,600.00 2 0241.1108' i FA 2"Irrigation Water Meter&Motor Box $ 2,600.00 $ 2,600.00 3 333iA201 44 LF 10"SalverPI e $ 67.50 $ 2,970.00 4 241.2105 1 FA 10"SewerAbandonmanlPlu $ 1.000,00 $ 1,000.00 6 0999.0003 1 FA Conneetto Ex.4'Dlameter SSMH $ 2,000.00 $ 2,000.00 6 3331.4212 -226 LF 12"DIP Sewor PI e $ 124.00 S (27,900.00) 7 3331.4201 225 LF 12"Sewer PI a DR14 '4 S 104.00 $ 23.400.00 8 3213,0600 1 FA 3213.0500 Barrier Free Ramp.Type P-1 $ 1,800.00 $ i•800,00 9 3123.0301 -714 SF 4"Cone.Sidewalk 10 3137.0104 -581 SY Medlum Stone RI ra -D $ 10 5.00 S (3213.00) $ .00 S (81,005.00) ti 9999.0000, 681 Sy Turf Reinforcement Mal S 24.00 $ 13,944.00 12 3341.1409 -2850 1 LF NO.6 Insulated Else.Conductor $ 0.00 S (22,000.00) 13 2605.3016 1 -950 1 LF r Condit PVC Bch 80 $ 14.00 $ (13,300.00) TOTAL $ 64104.00) REASONS FOR CHANGE ORDER 1 Coordination with Lot 4,Block 2 Consulting Engineer to provide services for development and reduce duplicate work behveen projects. Change corresponds to Revision No.i as shown on Sheets 6,12,18&21. 2 Replacement of stone tip-rap with furreinforcement at end olout-d0-soo. 3 Correction ofelectdcal components quentiles 4 CIIyAllow change of DIP to DR 14 duo to supply shortages ND CITY FUNDS INVOLVED IN THIS CONTRACT,DEVELOPER IS RESPONSIBLE FOR 100%OF THE CHANGE ORDER COST AND NO REIMBURSEMENT FROM THE CITY WILL BE SOUGHT BY THE DEVELOPER. RECOMMENDED: APPROVED: APPROVED: Dunaway Associaattes�/ �f Walsh Ranches Limited Partnership ConalserConslruclion,LP Name: Jeremy Windell, PE Namo:R an B.Dickerson Name: Title:Proj ect Engineer TNe:Vlee Presi Wa lsh alsh North Star Company, Title: -dlwAGErC.- its General Partner Revised:l0.12.2011 Page 2 R T 7V(0 RT T TRANSPORTATION AND PUBLIC WORDS PIPE REPORT FOR: PROJECT NAME: Highland Hills East Extension CITY PROJECT NUMBER: 103462 WATER PIPE LAID SIZE TYPE OF PIPE LF Water 12" PVC 515 Water 8" PVC 5 Water 6" PVC 5 FIRE HYDRANTS: 1 VALVES(16" OR LARGER) PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: NEW SERVICES: SEWER PIPE LAID SIZE TYPE OF PIPE LF Sewer 12" PVC 1800 Sewer 12" DR-14 PVC 225 Serwer 10" PVC 44 PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: NEW SERVICES: TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth• 1000 Throckxnorton Street•Fort Wordi,TX 76012-6311 (817)392-7941 •Fax:(817)392-7845 FO RT WO RT H C10 (TJ TRANSPORTATION AND PUBLIC WORKS September 26, 2016 Conaster Construction TX.LP. 5327 Wichita St. Fort Worth,TX. 76119 RE: Acceptance Letter Project Name: Highland Hills East Extension Project Type: Paving,Water,Sanitary Sewer, Street Lights City Project No.: 103462 To Whom It May Concern: On September 22, 2022 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 September 26, 2022. 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 September 26, 2022, 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 Patrick Buckley@fortworthtexas.gov. Sincerely, Patrick i dey(OctA,2022 10:20 CDT) Patrick Buckley, Project Manager Cc: Riley Roberson, Inspector Mike Glover, Inspection Supervisor Daniel Roy, Senior Inspector Victor Tornero, Program Manager Jeremy Windell, Consultant Conatser Construction, Contractor Walsh Holdings LLC, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev.8/20/19 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, President of Conatser Management Group, Inc., general 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 Fort Worth, has been paid in full; and That there are no claims pending for personal injury and/or property damages; On Contract described as: HIGHLAND HILLS EAST WATER, SANITARY SEWER, PAVING, & STREET LIGHT IMPROVEMENTS DOE#: N/A CFA PRJ#: 21-0124 CITY PROJECT #: 103462 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX,LP Brock Huggin Subscribed and sworn to before me this 15TH day of September, 2022. •-�eaY Pik•. KATHERINE ROSE NOTARY PUBLIC Notary Public in Tarrant County, Texas *= * Ip#133467933 . . 'y` State of Texas . oFP. Comm.Exp.11-30-2025 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT SURETY CONTRACTOR ❑❑ Conforms with the American Institute of OTHER Architects,AIA Document G707 Bond No 0240574 PROJECT: (name, addresS)Highland Hills East Extension Fort Worth, TX TO (Owner) �— IWALSH HOLDINGS,LLC AND THE CITY OF FORT ARCHITECT'S PROJECT NO: CFA No.21-0124 WORTH CONTRACT FOR: 155 Walsh Dr. Water,Sanitary Sewer, Paving, and Street Lighting for Highland Hills East Extension Aledo Tx 76008 f CONTRACT DATE: CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Ownerl WALSH HOLDINGS, LLC AND THE CITY OF FORT WORTH 155 Walsh Dr. Aledo TX 76008 , OWNER, as set forth in the said Surety Company's bond, IN WITNESS,WHEREOF, the Surety Company has hereunto set its hand this 14th day of September,2022 BERKLEY INSURANCE COMPANY Surety Company Attest: -� _ ` (Seal): Signature of Authorized Representative Robbi Mgrale5 Attorne,-in-Fact Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR's AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE No.BI-7280k-el ~' POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized 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; 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 Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 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. This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive 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 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 attorney-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 RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 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 so used shall have the same force and effect as 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 corporate seal hereunto affixed this11 th day of May 12022 . -� Attest Berk1 Insurance Company r I'- f'"PDRq�� °3y By Ir ederman ` le after of APB ' Executive Vice President&Secretary Se C, resident STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRMLD ) Sworn to before me, a Notary Public in the State of Connecticut,this 11th day of May 2022 ,by Ira S.Lederman and Jeffrey M. Hamer who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President, respectively,of Berkley Insurance Company. AKEN NNOITARY PURI IC CONNECTICUT MY COMMISSION 3�oN�4PIn� . otary Public,State of Connecticut CERTIFXCATE 1,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO 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 rescinded and-Ovat the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of A'mO•;e�Oached,is in fall force and effect as of this date. order my hand and seal of the Company,this 14th day of Se to r 2022 1975 � 1A11° Vincent P.Forte 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, President of Conatser Management Group, Inc., general 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 Fort Worth, has been paid in full; and That there are no claims pending for personal injury and/or property damages; On Contract described as: HIGHLAND HILLS EAST WATER, SANITARY SEWER, PAVING, & STREET LIGHT IMPROVEMENTS DOE#: N/A CFA PRJ#: 21-0124 CITY PROJECT #: 103462 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX,LP Brock Huggin Subscribed and sworn to before me this 15TH day of September, 2022. •-�eaY Pik•. KATHERINE ROSE NOTARY PUBLIC Notary Public in Tarrant County, Texas *= * Ip#133467933 . . 'y` State of Texas . oFP. Comm.Exp.11-30-2025 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT SURETY CONTRACTOR ❑❑ Conforms with the American Institute of OTHER Architects,AIA Document G707 Bond No 0240574 PROJECT: (name, addresS)Highland Hills East Extension Fort Worth, TX TO (Owner) �— IWALSH HOLDINGS,LLC AND THE CITY OF FORT ARCHITECT'S PROJECT NO: CFA No.21-0124 WORTH CONTRACT FOR: 155 Walsh Dr. Water,Sanitary Sewer, Paving, and Street Lighting for Highland Hills East Extension Aledo Tx 76008 f CONTRACT DATE: CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Ownerl WALSH HOLDINGS, LLC AND THE CITY OF FORT WORTH 155 Walsh Dr. Aledo TX 76008 , OWNER, as set forth in the said Surety Company's bond, IN WITNESS,WHEREOF, the Surety Company has hereunto set its hand this 14th day of September,2022 BERKLEY INSURANCE COMPANY Surety Company Attest: -� _ ` (Seal): Signature of Authorized Representative Robbi Mgrale5 Attorne,-in-Fact Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR's AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE No.BI-7280k-el ~' POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized 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; 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 Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 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. This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive 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 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 attorney-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 RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 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 so used shall have the same force and effect as 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 corporate seal hereunto affixed this11 th day of May 12022 . -� Attest Berk1 Insurance Company r I'- f'"PDRq�� °3y By Ir ederman ` le after of APB ' Executive Vice President&Secretary Se C, resident STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRMLD ) Sworn to before me, a Notary Public in the State of Connecticut,this 11th day of May 2022 ,by Ira S.Lederman and Jeffrey M. Hamer who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President, respectively,of Berkley Insurance Company. AKEN NNOITARY PURI IC CONNECTICUT MY COMMISSION 3�oN�4PIn� . otary Public,State of Connecticut CERTIFXCATE 1,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO 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 rescinded and-Ovat the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of A'mO•;e�Oached,is in fall force and effect as of this date. order my hand and seal of the Company,this 14th day of Se to r 2022 1975 � 1A11° Vincent P.Forte