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HomeMy WebLinkAboutContract 57112-FP2City Secretary57112 -FP2 Contract No. FORT WORTH. Date Received 2/16/2023 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: Walsh Ranch Quail Valley PA3E City Project No.: 103494 Improvement Type(s): ❑x Paving Original Contract Price: Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete: Jacob Gatewood (Fe 13, 2023 14:56 CST) Contractor Proiect ManaF-er Title Conatser Construction TX, L.P. Company Name 49�1- Stev Wester (Feb 13, 202315:13 CST) Project Inspector Sa ndip Ad hi ka 45. F.(Feb 14, 202321:54 CST) r Project Manager Rebecca Dane O iwen (Feb 15. 2023 07:54 CST) CFA Manager Lau ren Prieur (Feb 15, 2023 08:33 CST) Interim TPW Director William J0�6. 202320:53 CST) Asst. City Manager ❑x Drainage ❑ Street Lights ❑ Traffic Signals $3,023,279.00 -$40,739.25 $2,982,539.75 $2,982,539.75 Feb 13, 2023 Date Feb 13, 2023 Date Feb 14, 2023 Date Feb 15, 2023 Date Feb 15, 2023 Date Feb 16, 2023 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 2 Notice of Project Completion Project Name: Walsh Ranch Quail Valley PA3E City Project No.: 103494 City's Attachments Final Pay Estimate ❑x Change Order(s): ❑x Yes ❑ N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time 130 WD Days Charged: 210 Work Start Date: 2/28/2022 Work Complete Date 12/20/2022 Completed number of Soil Lab Test: 1009 Completed number of Water Test: 46 Page 2 of 2 FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name WALSH RANCH QUAIL VALLEY PA3E Contract Limits Project Type DRAINAGE, PAVING & STREETLIHGT IMPROVE City Project Numbers 103494 DOE Number 3494 Estimate Number 1 Payment Number 1 For Period Ending 12/20/2022 WD City Secretary Contract Number Contract Time 13WD Contract Date 1/5/2022 Days Charged to Date 130 Project Manager NA Contract is 100.00 Complete Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 Inspectors D. WATSON / S. WESTER Friday, January 27, 2023 Page I of 5 City Project Numbers 103494 DOE Number 3494 Contract Name WALSH RANCH QUAIL VALLEY PA3E Estimate Number I Contract Limits Payment Number I Project Type DRAINAGE, PAVING & STREETLIHGT IMPROVEMENTS For Period Ending 12/20/2022 Project Funding UNIT III: DRAINAGE IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 21" RCP, CLASS lII 580 LF $60.00 $34,800.00 580 $34,800.00 2 24" RCP, CLASS III 3442 LF $70.00 $240,940.00 3442 $240,940.00 3 30" RCP, CLASS III 1699 LF $85.00 $144,415.00 1699 $144,415.00 4 36" RCP, CLASS III 704 LF $115.00 $80,960.00 704 $80,960.00 5 42" RCP, CLASS lII 677 LF $145.00 $98,165.00 677 $98,165.00 6 48" RCP, CLASS III 69 LF $170.00 $11,730.00 69 $11,730.00 7 4' STORM JUNCTION BOX 15 EA $6,000.00 $90,000.00 15 $90,000.00 8 Y STORM JUNCTION BOX 3 EA $9,500.00 $28,500.00 3 $28,500.00 9 24" FLARED HEADWALL, 1 PIPE 1 EA $3,500.00 $3,500.00 1 $3,500.00 10 30" FLARED HEADWALL, 1 PIPE 1 EA $4,000.00 $4,000.00 1 $4,000.00 11 36" FLARED HEADWALL, 1 PIPE 1 EA $4,500.00 $4,500.00 1 $4,500.00 12 42" FLARED HEADWALL, 1 PIPE I EA $5,500.00 $5,500.00 1 $5,500.00 13 48" FLARED HEADWALL, I PIPE 1 EA $6,500.00 $6,500.00 1 $6,500.00 14 10' CURB INLET 17 EA $3,600.00 $61,200.00 17 $61,200.00 15 15' CURB INLET 14 EA $4,600.00 $64,400.00 14 $64,400.00 16 20' CURB INLET 2 EA $5,600.00 $11,200.00 2 $11,200.00 17 MEDIUM STONE RIPRAP, DRY 456 SY $95.00 $43,320.00 456 $43,320.00 18 TRENCH SAFETY 7171 LF $1.00 $7,171.00 7171 $7,171.00 19 4'GRATEINLET 3 EA $6,500.00 $19,500.00 3 $19,500.00 20 FACTORY STORM WYE CONNECTION 21 EA $400.00 $8,400.00 21 $8,400.00 21 -------------------------------------- 4" STORM JUNCTION BOX DISPOSAL 1 EA $3,000.00 $3,000.00 1 $3,000.00 Sub-Total of Previous Unit $971,701.00 $971,701.00 UNIT IV: PAVING IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 6" CONC PVMT 37852 SY $38.50 ,457,302.00 37852 1,457,302.00 2 8" CONC PVMT 586 SY $50.50 $29,593.00 586 $29,593.00 3 6" LIME TREATMENT 43323 SY $3.25 $140,799.75 43323 $140,799.75 4 8" LIME TREATMENT 1250 SY $3.50 $4,375.00 1250 $4,375.00 5 HYDRATED LIME(6" PAVE@ 36 LBS/SY) 780.2 TN $190.00 $148,238.00 780.2 $148,238.00 Friday, January 27, 2023 Page 2 of 5 City Project Numbers 103494 DOE Number 3494 Contract Name WALSH RANCH QUAIL VALLEY PA3E Estimate Number I Contract Limits Payment Number I Project Type DRAINAGE, PAVING & STREETLIHGT IMPROVEMENTS For Period Ending 12/20/2022 Project Funding 6 HYDRATED LIME (8" PAVE r@i 48 LBS/SY) 30 TN $190.00 $5,700.00 30 $5,700.00 7 5" CONC SIDEWALK 18798 SF $4.50 $84,591.00 18798 $84,591.00 8 BARRIER FREE RAMP, TYPE R-I 12 EA $1,800.00 $21,600.00 12 $21,600.00 9 BARRIER FREE RAMP, TYPE M-2 4 EA $1,800.00 $7,200.00 4 $7,200.00 10 BARRIER FREE RAMP, TYPE P-1 26 EA $1,800.00 $46,800.00 26 $46,800.00 11 REMOVE CONC CURB & GUTTER 480 LF $30.00 $14,400.00 480 $14,400,00 12 FURNISH/INSTALL WALSH RANCH STYLE 4 EA $1,200.00 $4,800.00 4 $4,800.00 SIGN & FOUNDATION W/REGULATORY SIGN 13 FURNISH/INSTALL WALSH RANCH STYLE 19 EA $1,600.00 $30,400.00 19 $30,400.00 SIGN POST & 14 2" CONDT PVC SCH 40 130 LF $24.00 $3,120.00 130 $3,120.00 15 3" CONDT PVC SCH 40 60 LF $28.00 $1,680.00 60 $1,680.00 16 4" CONDT PVC SCH 40 145 LF $32.00 $4,640,00 145 $4,640.00 17 -------------------------------------- 6" CONDT PVC SCH 40 140 LF $40.00 $5,600.00 140 $5,600.00 -------------------------------------- Sub-Total of Previous Unit $2,010,838.75 $2,010,838.75 Friday, January 27, 2023 Page 3 of 5 City Project Numbers 103494 Contract Name WALSH RANCH QUAIL VALLEY PA3E Contract Limits Project Type DRAINAGE, PAVING & STREETLIHGT IMPROVEMENTS Project Funding Contract Information Summary Original Conti -act Amount Change Orders Change Order Number 1 Change Order Number 1 DOE Number 3494 Estimate Number 1 Payment Number 1 For Period Ending 12/20/2022 $3,023,279.00 $3,400.00 ($44,139.25) Total Contract Price $2,982,539.75 Total Cost of Work Completed $2,982,539.75 Less % Retained $0.00 Net Earned $2,982,539.75 Earned This Period $2,982,539.75 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 $2,982,539.75 Friday, January 27, 2023 Page 4 of 5 City Project Numbers 103494 Contract Name WALSH RANCH QUAIL VALLEY PA3E Contract Limits Project Type DRAINAGE, PAVING & STREETLIHGT IMPROVEMENTS Project Funding Project Manager NA Inspectors D. WATSON / S. WESTER Conti -actor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 DOE Number 3494 Estimate Number 1 Payment Number 1 For Period Ending 12/20/2022 City Secreta►y Contract Number Contract Date 1/5/2022 Contract Time 130 WD Days Charged to Date 130 WD 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 $2,982,539.75 Less % Retained $0.00 Net Earned $2,982,539.75 Earned This Period $2,982,539.75 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 $2,982,539.75 Friday, January 27, 2023 Page 5 of 5 W O U Z Z Q W _ 0 U U Z Z O Q U d W Cl) Q a m N U W M d a` C m C C 0 (p C LO 00 a a) O U W 6 — Q O o Z) ci 3 m C r o O c6 (0 I¢L M Q U Z W U Z 1- W U U < 0 Of W d 0� O LL O 0 � d 0 0 U 0 li LL Lo 't M CEO I- N N M 0 ~ 6 6 ZZ N N C C 0 0 t s a_ d U L) U K} o a o Z im O U 0 U F U J F N W � U O U cn m v d 0 a U 0 T U 0 N � M Z m > y a O O o O ) Uo CG o6 N W o N > O > N O N y M O CIF F 0 0 U Np Z U Z)W 0m 0 U o o r 1-- U Q c U N Q Z r � ()� Z D �j o 0 00 0 v N O O ti U d M M 0 N O U U oo n of ly N W Vco yO O U `a d O O O^ o o Ocr O A c' 'It � Z N > ❑ N N 0 U o C) o L � H Wclf 3 m 0 0 o o U m m O N m N a m m N O N in in w 4) ❑ w O � z Z 0 W ❑ � U O W I Z Q F LU K Q F O U s 2 Z U Q W W ¢ U D_ F Cl O❑ U 2 O U w in o-, W ❑ O ❑ W a ❑ 5 Z o o O a z U) U)i OO 0)U OF ❑FQ- O F w z o> O OU O 0 W U Q K o c a a a a 0 0 c a 0 0 0 0 o (n o o o c c� 00000000 000 oop 0r 00000cy O O O O O N O N O O O O O O e- u1 N O O O O m V � .O �� M M m N N (O t0 'R co V N o0 O � (G ( M O M m � Fa- m M I-- N V— o O I� N M M M Oj V u1 M 'cY V' Q F M O (f! 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TRANSPORTATION AND PUBLIC WORKS February 9, 2023 Conatser Construction TX, L.P. 5327 Wichita st Fort Worth Tx 76119 RE: Acceptance Letter Project Name: Walsh Ranch Quail Valley PA3E Project Type: The Construction of Water, Sewer, Paving, Drainage City Project No.: 103494 To Whom It May Concern: On January 18, 2023 a final inspection was made on the subject project. There were no punch list items identified at that time. The final inspection indicates that the work meets the City of Fort Worth specifications and is therefore accepted by the City. The warranty period will start on January 18, 2023, which is the date of the final inspection and will extend for a period of two years; however, the warranty period for the Waterline and any other public infrastructure that is damaged as a result of a leak in the Waterline and must be reconstructed or repaired as a result of repairs to the Waterline, shall be for a period of five years. If you have any questions concerning this letter of acceptance, please feel free to contact me at 817- 392-8424. Sincerely, Sandi Ad hikari .E.(Feb 14,202321:54 CST) Sandip Adhikari, P.E. , Project Manager Cc: Steven Wester, Inspector Don Watson , Inspection Supervisor Joe Rogers, Senior Inspector Victor Tornero, P.E., Program Manager Huitt-Zollars, Inc. , Consultant Conatser Construction TX, L.P. , Contractor Quail Valley DEVCO III, LLC, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev. 08/20/19 RIDER To be attached to and forming a part of Bond Number 0242717 issued by Berkley Insurance Company, as Surety in the amount of Five Million, Four Hundred Forty Three Thousand, Six Hundred Eighty Seven and No/100 Dollars ($5,443,687.00) executed the 5th day of January, 2022 on behalf of Conatser Construction TX, L.P., as Principal, and in favor of Quail Valley Devco III, LLC and the City of Fort Worth, as Obligee, said bond is hereby modified as follows: The Maintenance term for the Waterline on the Walsh Ranch -Quail Valley PA3E project, and any other public infrastructure that is damaged as a result of a leak in the Waterline and must be reconstructed or repaired as a result of repairs to the Waterline, shall be extended three years to a five year term from the date of final acceptance of the work in an amount not to exceed Two Million, Five Hundred Thousand and No/100 Dollars ($2,500,000.00). PROVIDED, HOWEVER, that the liability of the Surety under said bond and as changed by this rider shall not be cumulative. Signed, Sealed and dated: October 6, 2022 Conatser Construction TX, L.P. Principal BroMAJuggins, President BERKLEY INSURANCE COMPANY Robbi Morales, Attorney -in -Fact BSG RIDER 8/06 A Berkley Company Page 1 of 1 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 attomey-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 'VMNESS WHEREOF, the Company has caused these presents to -be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1 lth day of May 2022 . r„1 Attest: Berkl insurance Company r `aSVRAHCf / w 044J r0 r 5!'.1I ' By l By �m 1975 IS edermaII Je"resident ter t �1Awn Executive Vice President & Secretary Se STATE OF CONItECTICUT ) ) ss: COUl`'TY OF F'A.DIFULD ) Sworn to before me, a Notary Public in the State of ConnecticA this 11th day of May , __ 2022__ , by Ira S. Lederman and Jeffrey M Haticr who are sworn to me to be the Executive Vice President Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company. MAIIA {R�C R NDRPUBICE CONNECTICUr MY COMMISSION EXPIRES APHs, 3a, 2024 : otary Public, State of Connecticut CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY 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 ao-thj the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of £IV ! ched, is in full force and effect as of this date. 7 der my hand and seal of the Company, this 6th day of _ 2022 . w S 1AI, 2 1975 Vincent P. Forte - - A FFITI A VTT 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: WALSH RANCH — QUAIL VALLEY PA3E WATER, SANITARY SEWER, DRAINAGE, & PAVING IMPROVEMENTS DOE#: N/A CFA PRJ #: 21-0112 CITY PROJECT #:103494 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP Brock Huggins Subscribed and sworn to before me this 6TH day of October, 2022. ------------- o�PP� Pia,. KATHERINE ROSE NOTARY PUBLIC Notary Public in Tarrant County, Texas *; *; IN 133467933 ' ' State of Texas q,F Comm. Exp. 11-30-2025 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIIA Document G707 PROJECT: (name, address)Walsh Ranch -Quail Valley PA3E Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0242717 QUAIL VALLEY DEVCO 111, LLC AND CITY OF FORT -I ARCHITECT'S PROJECT NO: CFA No. 21-0112 WORTH CONTRACT FOR: 400 S. Record St., Suite 1200 Water, Sanitary Sewer, Drainage, and Paving for Walsh Ranch -Quail Valley PA3E Dallas TX 75202 _J 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 Owner) QUAIL VALLEY DEVCO III, LLC AND CITY OF FORT WORTH 400 S. Record St., Suite 1200 Dallas TX 75202 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this 5th day of October, 2022 BERKLEY INSURANCE COMPANY Surety Company Attest: — " (Seal): Signature of Authorized Representative Robbi Morales Attorney -in -Fact Title NOTEc 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 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. -o KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly x organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made; :constituted 0 •� and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E Cornell; 1Sophinie Hunter; Robbi Morales; .Kelly A. Westbrook;. Thia McEivan; Joshua Saunders; Toide 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 C 'Q, 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 00/1.00 U.S. Dollars (U.S.S50,000,000.00), 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. :~ aU o> 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 o, resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January.25, 2010: cu o2 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 3 S 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 w RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizanees, L 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 attomey-in-fact named; and o bq furtber ' 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 shalt have the same force and effect as Ei 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. o IN WITNESS WI-MRT-OF; the Coarpaay has caused these presents to, be sided and attested by its appropriate officers and its o corporate. seal hereunto affixed this i`day of 30 . Y CCl Attest: Berkl Insurance Company o (Seal) )3y By o derivan Je alter o Executive Vice President Rs Secretary `.:S . i ice; esident o WARNING: TI US POWER: I� 1'VALM 1 NOT PRINTED ONBx. UE "BERKLEY" SECURITY PAPE:IL STATE OF CONNECTICUT ) V o 0 COUNTY UP FATRFIELD j a Sworn. to before me, a Notary Public in the State of Connecticut, this � day of. Mee a0�, `by Ira. S. Letterman Cd and Jeffrey lvi. Hafter who are sworn to me to be the Executive Vice President Secretary, and Senior price President, Q lANRolp7-CRUNRRAKE/respcctively; ofBekIeY InsuranceCo3P ny io COWIECrlctir WCOMMISOCIN EXPIRES Otar;� Ptibli. I 2 AMLa0,z02{ c7 State tate of Connecticut z� C)rRTTFLCATE: the undersigned, Assistant: Secrete. z 1,ry afBEl ICLEY INSIJi�11�fC1Y CDNLI'ANY, I?O.NEREBY CERTIFY that the forer, is a w true, correct and complete cop} of the onginaI Power of ,attorney; that said Power of.Attorney has tint beenrevol-ed or rescinded 3 y and that the authority of the Attorney in-1 act:set forth therein, who executed .the- bond or tuidertalangto which: this Power of Attorney is attached; -is in fall foite_and effect as of this date. Given underpy'hand:audsealoftlicCompany, this)th dayof OCtob 2022 . (Seal) Vincent F. Torte A FFITI A VTT 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: WALSH RANCH — QUAIL VALLEY PA3E WATER, SANITARY SEWER, DRAINAGE, & PAVING IMPROVEMENTS DOE#: N/A CFA PRJ #: 21-0112 CITY PROJECT #:103494 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP Brock Huggins Subscribed and sworn to before me this 6TH day of October, 2022. ------------- o�PP� Pia,. KATHERINE ROSE NOTARY PUBLIC Notary Public in Tarrant County, Texas *; *; IN 133467933 ' ' State of Texas q,F Comm. Exp. 11-30-2025 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIIA Document G707 PROJECT: (name, address)Walsh Ranch -Quail Valley PA3E Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0242717 QUAIL VALLEY DEVCO 111, LLC AND CITY OF FORT -I ARCHITECT'S PROJECT NO: CFA No. 21-0112 WORTH CONTRACT FOR: 400 S. Record St., Suite 1200 Water, Sanitary Sewer, Drainage, and Paving for Walsh Ranch -Quail Valley PA3E Dallas TX 75202 _J 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 Owner) QUAIL VALLEY DEVCO III, LLC AND CITY OF FORT WORTH 400 S. Record St., Suite 1200 Dallas TX 75202 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this 5th day of October, 2022 BERKLEY INSURANCE COMPANY Surety Company Attest: — " (Seal): Signature of Authorized Representative Robbi Morales Attorney -in -Fact Title NOTEc 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 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. -o KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly x organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made; :constituted 0 •� and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E Cornell; 1Sophinie Hunter; Robbi Morales; .Kelly A. Westbrook;. Thia McEivan; Joshua Saunders; Toide 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 C 'Q, 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 00/1.00 U.S. Dollars (U.S.S50,000,000.00), 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. :~ aU o> 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 o, resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January.25, 2010: cu o2 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 3 S 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 w RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizanees, L 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 attomey-in-fact named; and o bq furtber ' 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 shalt have the same force and effect as Ei 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. o IN WITNESS WI-MRT-OF; the Coarpaay has caused these presents to, be sided and attested by its appropriate officers and its o corporate. seal hereunto affixed this i`day of 30 . Y CCl Attest: Berkl Insurance Company o (Seal) )3y By o derivan Je alter o Executive Vice President Rs Secretary `.:S . i ice; esident o WARNING: TI US POWER: I� 1'VALM 1 NOT PRINTED ONBx. UE "BERKLEY" SECURITY PAPE:IL STATE OF CONNECTICUT ) V o 0 COUNTY UP FATRFIELD j a Sworn. to before me, a Notary Public in the State of Connecticut, this � day of. Mee a0�, `by Ira. S. Letterman Cd and Jeffrey lvi. Hafter who are sworn to me to be the Executive Vice President Secretary, and Senior price President, Q lANRolp7-CRUNRRAKE/respcctively; ofBekIeY InsuranceCo3P ny io COWIECrlctir WCOMMISOCIN EXPIRES Otar;� Ptibli. I 2 AMLa0,z02{ c7 State tate of Connecticut z� C)rRTTFLCATE: the undersigned, Assistant: Secrete. z 1,ry afBEl ICLEY INSIJi�11�fC1Y CDNLI'ANY, I?O.NEREBY CERTIFY that the forer, is a w true, correct and complete cop} of the onginaI Power of ,attorney; that said Power of.Attorney has tint beenrevol-ed or rescinded 3 y and that the authority of the Attorney in-1 act:set forth therein, who executed .the- bond or tuidertalangto which: this Power of Attorney is attached; -is in fall foite_and effect as of this date. Given underpy'hand:audsealoftlicCompany, this)th dayof OCtob 2022 . (Seal) Vincent F. Torte