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HomeMy WebLinkAboutContract 57948-FP1FORT WORTH -FP1 City Secretary Contract No. 57948 Date Received 12/11/2023 AT NOTICE OF PROJECT COMPLETION (Developer Projects) The Transportation and Public Works Department upon the recommendation of the Project Manager has accepted the following project as complete: Project Name: Vent Ana Phase 6A-2 City Project No.:103437 Improvement Type(s): Water ❑x Sewer ❑x Original Contract Price: $2,251,547.15 Amount of Approved Change Order(s): $178,297.34 Revised Contract Amount: $2,429,844.49 Total Cost of Work Complete: $2,429,844.49 l—hG; te�nin2316:56 CST) Contractor Project Manager Title Conatser Construction, TX LP Company Name Curtis HOIITne?worth (Dec 11, 2023 07:45 CST) Project Inspector 3 Project Manager 2ehecca Diane Owen Mee 11. 202310:16 CST) CFA Manager Lauren Prieur (Dec 11, 202310:27 CST) TPW Director Willi— nhncnnlnii g09211•16r'CTI Asst. City Manager Dec 8, 2023 Date Dec 11, 2023 Date Dec ll, 2023 Date Dec 11, 2023 Date Dec 11, 2023 Date Dec 11, 2023 Date OFFICIAL RECORD Page 1 of 2 CITY SECRETARY FT. WORTH, TX Notice of Project Completion Project Name: Vent Ana Phase 6A-2 City Project No.: 103437 City's Attachments Final Pay Estimate ❑x Change Order(s): ❑x Yes ❑ N/A Pipe Report: ❑x Yes ❑ N/A Contractor's Attachments Affidavit of Bills Paid --� r Consent of Surety Statement of Contract Time Contract Time: 200 WD Days Charged: 286 Work Start Date: 9/7/2022 Work Complete Date: 11/2/2023 Completed number of Soil Lab Test: 691 Completed number of Water Test: 43 Page 2of2 FoRTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name VENTANA PHASE 6A-2 Contract Limits Project Type WATER AND SEWER IMPROVEMENTS City Project Numbers 103437 DOE Number 4370 Estimate Number 1 Payment Number 1 For Period Ending 11/2/2023 WD City Secretary Contract Number Contract Time 15WD Contract Date Days Charged to Date 286 Project Manager NA Contract is 100.00 Complete Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 Inspectors D. WATSON / C. HOLLINGSW Friday, December 8, 2023 Page 1 of 5 City Project Numbers 103437 Contract Name VENTANA PHASE 6A-2 Contract Limits Project Type WATER AND SEWER IMPROVEMENTS Project Funding UNIT I: WATER IMPROVEMENTS DOE Number 4370 Estimate Number 1 Payment Number 1 For Period Ending 11/2/2023 Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 Ductile Iron Water Fittings w/ Res 3.1 TN $5,500.00 $17,050.00 3.1 $17,050.00 2 8" Water Pipe (CO #1) 7901 LF $48.00 $379,248.00 7901 $379,248.00 3 Fire Hydrant 8 EA $4,500.00 $36,000.00 8 $36,000.00 4 Connect to Existing 4"-12" Water Main Ph. 5A 1 EA $1,250.00 $1,250.00 1 $1,250.00 (Phase 5A - Embargo Road) 5 Connect to Existing 4"-12" Water Main -Canoa Rd 1 EA $1,250.00 $1,250.00 1 $1,250.00 6 Connect to Existing 4"-12" Water Main -Brazos Rd 1 EA $1,250.00 $1,250.00 1 $1,250.00 7 1" Water Service 174 EA $1,050.00 $182,700.00 174 $182,700.00 8 1" Water Service On Existing Line 26 EA $1,450.00 $37,700.00 26 $37,700.00 9 8" Gate Valve (CO #1) 25 EA $1,350.00 $33,750.00 25 $33,750.00 10 12" Water Pipe (CO #1) 283 LF $88.00 $24,904.00 283 $24,904.00 11 12" Gate Valve (CO #1) 1 EA $3,045.00 $3,045.00 1 $3,045.00 12 24" Water Pipe (CO #1) 252 LF $325.00 $81,900.00 252 $81,900.00 13 24" Gate Valve (CO #1) 1 EA $31,018.34 $31,018.34 1 $31,018.34 Sub -Total of Previous Unit $831,065.34 -------------------------- UNIT 11: SEWER IMPROVEMENTS Item Description of Items Estimated Unit No. Quanity 1 Concrete Riprap 125 SY 2 Post -CCTV Inspection (CO #1) 13088 LF 3 Manhole Vacuum Testing 54 EA 4 Trench Safety (CO #1) 13088 LF 5 20" Casing By Open Cut 55 LF 6 4" Sewer Service (CO #1) 205 EA 7 4" DIP Sewer Service 43 EA 8 8" Sewer Pipe - SDR 26 (CO #1) 10647 LF 9 8" Sewer Pipe - SDR 26, CSS Backfill (CO #1) 845 LF 10 15" Sewer Pipe - SDR 26 (CO #1) 132 LF 11 15" Sewer Pipe - SDR 26, CSS Backfill (CO #1) 40 LF 12 21" Sewer Pipe - PSI 15 ASTM F679 PVC (CO #1) 1424 LF $831,065.34 Unit Cost Estimated Completed Completed Total Quanity Total $120.00 $15,000.00 125 $15,000.00 $3.00 $39,264.00 13088 $39,264.00 $150.00 $8,100.00 54 $8,100.00 $2.00 $26,176.00 13088 $26,176.00 $200.00 $11,000.00 55 $11,000.00 $750.00 $153,750.00 205 $153,750.00 $950.00 $40,850.00 43 $40,850.00 $54.00 $574,938.00 10647 $574,938.00 $64.00 $54,080.00 845 $54,080.00 $105.00 $13,860.00 132 $13,860.00 $115.00 $4,600.00 40 $4,600.00 $172.00 $244,928.00 1424 $244,928.00 Friday, December 8, 2023 Page 2 of 5 City Project Numbers 103437 DOE Number 4370 Contract Name VENTANA PHASE 6A-2 Estimate Number 1 Contract Limits Payment Number 1 Project Type WATER AND SEWER IMPROVEMENTS For Period Ending 11/2/2023 Project Funding 13 21" Sewer Pipe - PS115 ASTM F679 PVC, CSS 0 LF $192.00 $0.00 0 $0.00 Backifll (CO #1) 14 hiterior Corrosion Protection 312.29 VF $435.00 $135,846.15 312.29 $135,846.15 15 4' Manhole 52 EA $4,200.00 $218,400.00 52 $218,400.00 16 4' Drop Manhole 2 EA $5,200.00 $10,400.00 2 $10,400.00 17 4' Extra Depth Manhole 161.4 VF $205.00 $33,087.00 161.4 $33,087.00 18 Connect to Existing 6' Manhole w Interior Corrosion 1 EA $14,500.00 $14,500.00 1 $14,500.00 Protection Sub -Total of Previous Unit $1,598,779.15 $1,598,779.15 Friday, December 8, 2023 Page 3 of 5 City Project Numbers 103437 Contract Name VENTANA PHASE 6A-2 Contract Limits Project Type WATER AND SEWER IMPROVEMENTS Project Funding Contract Information Summary Original Contract Amount Chanhe Orders Change Order Number 1 Change Order Number 1 DOE Number 4370 Estimate Number 1 Payment Number 1 For Period Ending 11/2/2023 $2,251,547.15 $151,247.34 $27,050.00 Total Contract Price $2,429,844.49 Total Cost of Work Completed $2,429,844.49 Less % Retained $0.00 Net Earned $2,429,844.49 Earned This Period $2,429,844.49 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 $2,429,844.49 Friday, December 8, 2023 Page 4 of 5 City Project Numbers 103437 Contract Name VENTANA PHASE 6A-2 Contract Limits Project Type WATER AND SEWER IMPROVEMENTS Project Funding Project Manager NA Inspectors D. WATSON / C. HOLLINGSW Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 DOE Number 4370 Estimate Number 1 Payment Number 1 For Period Ending 11/2/2023 City Secretary Contract Number Contract Date Contract Time 150 WD Days Charged to Date 286 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 $2,429,844.49 Less % Retained $0.00 Net Earned $2,429,844.49 Earned This Period $2,429,844.49 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 $2,429,844.49 Friday, December 8, 2023 Page 5 of 5 DEVELOPER -AWARDED -PROJECT CHANGE ORDER PROJECT NAME: VENTANA PHASE 6A-2 I CHANGE CONTRACT: PAVING, WATER, SANITARY SEWER, DRAINAGE, & STREET LIGHT IMPROVEMENTS I ORDER No: JCFA# CFA21-0150 I CITY PARTICIPATION: NO �CITYPROJECT# 103437 CITY SECRETARY CONTRACT # 1 IFID # 30114-0200431-103437-EO7685 FILE # W-2793 INSPECTOR: CURTIS HOLLINGSWORTH Phone No: 817-392-8306 PROJECT MANAGER: PATRICK BUCKLEY Phone No: 817-716-2997 CONTRACT UNIT WATER SEWER DRAINAGE PAVING STREETLIGHTS Developer Developer Developer Cost City Cost Developer Cost City Cost Cost City Cost Developer Cost City Cost Cost City Cost (ORIGINAL CONTRACT $679,818.00 $1.671.729.15 $0.00 $496,913.00 $1,235,315.72 $192,702.00 (EXTRAS TO DATE (CREDITS TO DATE (CONTRACT TO DATE $679.818.00 $0.00 AMOUNT OF PROP. CHANGE ORDER $161.247.34 REVISED CONTRACT AMOUNT $831,066.34 $0.00 TOTAL REVISED CONTRACT AMOUNT PER UNIT $831,065.34 REVISED COST SHARE Day. Cost: TOTAL REVISED CONTRACT I CONTRACT DAYS 150 0 $1.671.729.15 $0.00 $496,918.00 $0.00 $1.235,315.72 $0.00 $192.702.00 $0.00 150 $27,050.00 $0.00 $0.00 $0.00 $1.598,779.15 $0.00 $495.918.00 $0.00 $1.235,315.72 $0.00 $192.702.00 $0.00 150 $1,598,779.15 $495,918.00 $1.235,315.72 $192,702.00 $4,353,780.21 City Cost: $0.00 $4,353,780.21 Revised: 12-17-2018 Page 1 You are directed to make the followinq changes in the .9,ntract docurr pts CITY BID ITEM PAY ITEM # # QUANTITY UNIT ITEM DESCRIPTION UNIT PRICE TOTAL Unit I: Water 2 3311.0241 160 LF 8" Water Pippe $48.00 $7,680.00 9 3312.3003 2 EA 8" Gate Valve $1,350.00 $2 700.00 10` 3311.0461 283 LF 12" Water P' a $88.00 $D,904.00 11` 3372.3005 1 EA 12" Gate Valve $3.045.00 S3,045.00 12` 3311.0641 252 LF 24" Water Pippe $325.00 $81,900.00 13` 3312.3008 1 EA 24" Gate Valve $31,018.34 $31,018.34 TOTAL $161,247.34 Unit If: Sanitary Sewer 2 3301.0002 123 LF Post -CCTV Insppection $3.00 $369.00 4 3305.0109 123 LF Trench Safely $2.00 $246.00 6 3331.3101 5 EA 4" Sewer Service $750.00 $3.750.00 8 3331.4115 -89 LF 8" Sewer P' e - SDR 26 $54.00 -$4,806.00 9 3331.4116 71 LF 8" Sewer Pipe - SR 26, CSS Backfill $64.00 S4,544.00 10 3331.4215 -5 LF 15" Sewer Pi RRe - SDR 26 $105.00 -$525.00 11 3331.4216 20 LF 15' Sewer Pipe - SOR 26, CSS Backfill $115.00 $2.300.00 12 3331.4308 151 LF 21" Sewer P,,iyye - PS115 ASTM F679 PVC $172.00 $25,972.00 13 3331.4309 -25 LF 21" Sewer Pipe - PS115 ASTM F679 PVC, CSS Backfill $192.00 -$4,800.00 TOTAL $27060.00 GRAND TOTAL $174,297.34 Asterisk (') Indicates New Pay Item REASONS FOR CHANGE ORDER Unit 1: Water An 6" waterline stub and the 24" WL-10 was added to provide service to the SFR and ISO tracts. Per the updated Water Study, a portion of M-5 was upsized to a 12"fine. WL-10 was added to provide service Unit 2: Sanitary Sewer The offsite Sanitary Sewer changed due to the revised future Phase 68land plan. NO 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: By: / By:: ' Z By: PMB VENTANA CONATSE CONSTRUCTION Name: LJA ENGINEERING, INC Name: DEVELOPER SOUTH, LLC Name: TX, LP Title: PROJECT ENGINEER Title: `/ Title: Manager REVIEWED By Patrick Buckley at 10:58 am, Oct 28, 2022 Revised: 12-17-2018 Page 2 FORTWORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: Ventana 6A-2 CITY PROJECT NUMBER: 103437 WATER PIPE LAID SIZE TYPE OF PIPE LF OPEN CUT 8" PVC 7901 OPEN CUT 12" PVC 283 OPEN CUT 24" PVC 252 FIRE HYDRANTS: 8 VALVES (16" OR LARGER) 1 PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: PASSED NEW SERVICES: 1" COPPER 200 EA I SEWER PIPE LAID SIZE TYPE OF PIPE LF OPEN CUT 8" PVC 10647 OPEN CUT 15" PVC 132 OPEN CUT 21" PVC 1424 PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: PASSED NEW SERVICES: 4" PVC 205 EA 4" DIP 43 EA TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth • 1000 Throckmorton Street • Fort Worth, TX 76012-6311 FORTWORTH. TRANSPORTATION AND PUBLIC WORKS November 15, 2023 Conatser Construction TX 5347 Wichita St. Fort Worth, TX 76119 RE: Acceptance Letter Project Name: Ventana 6A-2 Project Type: Water, Sewer,Paving, Drainage and Street Lights City Project No.: 103437 To Whom It May Concern: On November 9, 2023 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 November 15, 2023. 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 November 15, 2023, 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 817- 392-6826. Sincerely, George Marquez P.E., Project Manager Cc: Curtis Hollingsworth, Inspector Donald Watson, Inspection Supervisor Aaron Ybarra, Senior Inspector Victor Tornero P.E., Program Manager LJA engineering, Consultant Conatser Construction Tx, Contractor PMB Capital, 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: VENTANA PH. 6A-2 GRADING, WATER, SANITARY SEWER, DRAINAGE, PAVING, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 21-0150 CITY PROJECT #: 103437 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP Brock Huggi Subscribed and sworn to before me this 7TH day of December, 2023. t r Notary Pub11% State 01Texaa IDN 133"N' Notary Public in Tarrant County, Texas MNovember�30 20 6 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 PROJECT: (name, address)Ventana Phase 6A-2 Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0243961 PMB VENTANA DEVELOPER SOUTH, L.L.C. AND THE I ARCHITECT'S PROJECT NO: CFA21-0150 CITY OF FORT WORTH 4001 Maple Avenue, Suite 600 Dallas TX 75219 CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. CONTRACT FOR: Grading, Paving, Water, Sanitary Sewer, Drainage, & Street Light Improvements for Ventana Phase 6A-2 CONTRACT DATE: 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) PMB VENTANA DEVELOPER SOUTH, L.L.C. AND THE CITY OF FORT WORTH 4001 Maple Avenue, Suite 600 Dallas TX 75219 as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: j�` (Seal): 9th day of November, 2023 BERKLEY INSURANCE COMPANY Surety Company Signature of Authorized Representative Robbi Morales Title , OWNER, Attorney -in -Fact 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 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 Connell; .Sophinie Hunter; Robbi.Morales Kelly A. Westbrook; Tina McEivan; Joshua Saunders, • Tonie Petranek; or Mikaela Peppers of Aon Risk Services Soutlnvest, 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 00/1.00 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.. 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, 20I0: 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 suchpower 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 WFTNESS WI-MREOF, the Company has caused these presents to_ be signed and attested by its appropriate officers and its corporate. seal hereunto affixed this 11 `-Oda y of Attest BcrklWInsaulmamnce Compan.•y (Seal) By By, Iede nan < J"er Executive Vice President & Secretary _S: -dent WARNUIG: TIUSPOWER.WVALYDONOT PIZRgTED ON)DLUE `BER1 'EY" SECURITY PAPER, STATE OF CONNEC .TCUT ) .) ss: COUNTY OF FATRFIELD ) Sworn to before me, a Notary Public in the StateofConnecticut; this day of. Mcud OAja . by Ira S. Lederman and Jefircy M. Hafter who are ;exvmn to me to'be the Executive Vice President Secretary, and Senior Vice- President, respectivcly, of Berkley Insurance.Company t{A AT�vINDR c� COWIECTICUT � MY COKuussaoN EXPIRES AF'EUL 50, 2D24 otarye Poblt.r State of Connecticut CERTIFICATE: I, the undersigned• Assistant Secretary -of BERKLEY INSURANCE COMPANY, DO.EEREBY 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 that the .authority of the Attorney in-1 act:set forth therein, uho executed thl= bond or undertaking to which. this Power of Attorney is attached: -is. in full force. and effect as of ibis dime. Givea under my.- hand seal of the Company, this 9 t h day ofN ov emb e 2023 (Seal) J� 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: VENTANA PH. 6A-2 GRADING, WATER, SANITARY SEWER, DRAINAGE, PAVING, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 21-0150 CITY PROJECT #: 103437 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP Brock Huggi Subscribed and sworn to before me this 7TH day of December, 2023. t r Notary Pub11% State 01Texaa IDN 133"N' Notary Public in Tarrant County, Texas MNovember�30 20 6 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 PROJECT: (name, address)Ventana Phase 6A-2 Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0243961 PMB VENTANA DEVELOPER SOUTH, L.L.C. AND THE I ARCHITECT'S PROJECT NO: CFA21-0150 CITY OF FORT WORTH 4001 Maple Avenue, Suite 600 Dallas TX 75219 CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. CONTRACT FOR: Grading, Paving, Water, Sanitary Sewer, Drainage, & Street Light Improvements for Ventana Phase 6A-2 CONTRACT DATE: 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) PMB VENTANA DEVELOPER SOUTH, L.L.C. AND THE CITY OF FORT WORTH 4001 Maple Avenue, Suite 600 Dallas TX 75219 as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: j�` (Seal): 9th day of November, 2023 BERKLEY INSURANCE COMPANY Surety Company Signature of Authorized Representative Robbi Morales Title , OWNER, Attorney -in -Fact 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 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 Connell; .Sophinie Hunter; Robbi.Morales Kelly A. Westbrook; Tina McEivan; Joshua Saunders, • Tonie Petranek; or Mikaela Peppers of Aon Risk Services Soutlnvest, 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 00/1.00 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.. 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, 20I0: 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 suchpower 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 WFTNESS WI-MREOF, the Company has caused these presents to_ be signed and attested by its appropriate officers and its corporate. seal hereunto affixed this 11 `-Oda y of Attest BcrklWInsaulmamnce Compan.•y (Seal) By By, Iede nan < J"er Executive Vice President & Secretary _S: -dent WARNUIG: TIUSPOWER.WVALYDONOT PIZRgTED ON)DLUE `BER1 'EY" SECURITY PAPER, STATE OF CONNEC .TCUT ) .) ss: COUNTY OF FATRFIELD ) Sworn to before me, a Notary Public in the StateofConnecticut; this day of. Mcud OAja . by Ira S. Lederman and Jefircy M. Hafter who are ;exvmn to me to'be the Executive Vice President Secretary, and Senior Vice- President, respectivcly, of Berkley Insurance.Company t{A AT�vINDR c� COWIECTICUT � MY COKuussaoN EXPIRES AF'EUL 50, 2D24 otarye Poblt.r State of Connecticut CERTIFICATE: I, the undersigned• Assistant Secretary -of BERKLEY INSURANCE COMPANY, DO.EEREBY 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 that the .authority of the Attorney in-1 act:set forth therein, uho executed thl= bond or undertaking to which. this Power of Attorney is attached: -is. in full force. and effect as of ibis dime. Givea under my.- hand seal of the Company, this 9 t h day ofN ov emb e 2023 (Seal) J� Vincent P. Forte)