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HomeMy WebLinkAboutContract 53048-FP3 City Secretary 53048 -FP3 Contract No. FORTWORTH, Date Received Oct 7,2021_ 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: Crimson Ridge City Project No.: 101913 Improvement Type(s): ❑x Paving ❑x Drainage ❑ Street Lights ❑ Traffic Signals Original Contract Price: $1,403,409.17 Amount of Approved Change Order(s): $114,267.81 Revised Contract Amount: $1,517,676.98 Total Cost of Work Complete: $1,517,676.98 s Aug 23, 2021 Contractor Date Project Superintendent Title Xpert Design and Contructuon Company Name Ja Ruiz 1Au 23 202116:54CDT) Aug 23,2021 Project Inspector Date Yrh �-- Yag sh Patel,P.E. Sep 2,202111:35 COT) Sep 2, 2021 Project Manager Date Sep 2,2021 CFA Manager Date DanaDana 8u�2 2027!1z4:57 CDT Sep 2, 2021 Asst. City Manager Date OFFICIAL RECORD CITY SECRETARY Page 1 of 2 FT. WORTH, TX Notice of Project Completion Project Name: Crimson Ridge City Project No.: 101913 City's Attachments Final Pay Estimate Change Order(s): © Yes ❑ N/A Contractors Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time: 180 WD Days Charged: 240 Work Start Date: 12/9/2021 Work Complete Date: 6/25/2021 I i Page 2 of 2 FORTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name CRIMSON RIDGE Contract Limits Project Type PAVING, DRAINAGE, EROSION City Project Numbers 101913 DOE Number 9130 Estimate Number 1 Payment Number 1 For Period Ending 6/25/2021 City Secretary Number Contract Time 180 WD Contract Date 11/4/2019 Days Charged to Date 240 WD Project Manager NA Contract is 100.00 Complete Contractor XPERT DESIGN & CONSTRUCTION 1469 S. 4TH STREET LOUISVILLE, KY 40208 Inspectors CORDOVA / RUIZ, J I i i Monday, November 29, 2021 Page 1 of 5 City Project Numbers 101913 DOE Number 9130 Contract Name CRIMSON RIDGE Estimate Number 1 Contract Limits Payment Number 1 Project Type PAVING, DRAINAGE, EROSION For Period Ending 6/25/2021 Project Funding DRAINAGE IMPROVEMENTS Item Estimated Estimated Complet Completed Description of Items QuantityUnit Unit Cost ed Total No. Total Quantity 31 10' CURB INLET 8 EA $3,300.00 $26,400.00 8 $26,400.00 32 '20' CURB INLET 1 EA $5,500.00 $5,500.00 1 $5,500.00 33 HEADWALL BOX CULVERT 2 EA $8,500.00 $17,000.00 2 $17,000.00 34 '4' MANHOLE RISER 3 EA $1,800.00 $5,400.00 3 $5,400.00 35 5' STORM JUNCTION BOX 5 EA $5,500.00 $27,500.00 5 $27,500.00 36 '21" RCP CLASS III 495 LF $60.00 $29,700.00 495 $29,700.00 37 ',24" RCP CLASS III 124.01 LF $69.74 $8,648.46 124.01 $8,648.46 38 ,27" RCP CLASS III 321 LF $110.00 $35,310.00 321 $35,310.00 39 36" RCP CLASS III 157 LF $130.00 $20,410.00 157 $20,410.00 40 '4X3 BOX CULVERT 1442 LF $300.00 $432,600.00 1442 $432,600.00 39 8X3 BOX CULVERT 497 LF ! $490.00 $243,530.00 497 $243,530.00 40 21" STORM ABANDONMENT PLUG 7 EA $150.00 $1,050.00 7 $1,050.00 41 CONCRETE SPILLWAY BASIN 1 EA $13,500.00 $13,500.00 1 $13,500.00 42 'STRUCTURAL CONCRETE PILOT CHANNEL 1039 ! SY $95.00 $98,705.00 1039 $98,705.00 43 'MODIFIED INLET BOX 1 EA $13,500.00 $13,500.00 1 $13,500.00 42 'MEDIUM STONE RIPRAP; DRY 724 SY $75.00 $54,300.00 724 $54,300.00 ' 43 TRENCH SAFETY 2521.55 LF $1.00 $2,521.55 2521.55 $2,521.55 Sub-Total of Previous Unit $1,035,575.01 $1,035,575.01 EROSION CONTROL Item Estimated Complet Description of Items Estimated Quantit Unit Unit Cost ed Total Completed I No. y Total Quantity'; I 44 'SWPPP 1 ACRE 1 LS $18,500.00 $18,500.00 1 $18,500,00 f Sub-Total of Previous Unit $18,500.00 $18,500.00 PAVING IMPROVEMENTS I Item Complet' p Estimated ' Estimated Completed Description of Items Quantity Total Unit Unit Cost ed Total No. Quantity 56 BLOCK SOD PLACEMENT(TIF 419 BERMUDA 1700 SY $4.00 $6,800.00 1700 $6,800.00 SOD) CO#2 57 SEEDING, HYDROMULCH (BERMUDA 18767 SY $1.35 $25,335.45 18767 $25,335.45 t HYDROSEED) CO#2 58 TOPSOIL TOP SOIL WITH COMPOST AT 2" 834 CY $53.79 $44,860.86 834 $44,860.86 DEPTH (CO#2) 59 TOPSOL TOP SOIL WITH COMPOST AT 1" DEPTH 150 CY $53.79 $8,068.50 150 $8,068.50 (CO#2) Monday, November 29, 2021 Page 2 of 5 City Project Numbers 101913 DOE Number 9130 Contract Name CRIMSON RIDGE Estimate Number 1 Contract Limits Payment Number 1 Project Type PAVING, DRAINAGE, EROSION For Period Ending 6/25/2021 Project Funding 64 BLOCK SOD PLACEMENT TIF 419 BERMUDA SOD 850 SY $17.18 $14,603.00 850 $14,603.00 (CO#3) 65 'SEEDING HYDROMULCH (BERMUDA 4562.5 SY $3.20 $14,600.00 4562.5 $14,600.00 L HYDROSEED) CO#3 23 ',8" CONC PVMT 8053 SY $7.93 $63,860.29 8053 $63,860.29 24 '8" LIME TREATMENT 8404 SY $1.46 $12,269.84 8404 $12,269.84 25 ',HYDATED LIME 151 TN $190.34 $28,741.34 151 $28,741.34 26 ;4" CONC SIDEWALK 27285.43 SIF $6.86 $187,178.05 27285.43 $187,178.05 27 '3"ASPHALT PVMT TYPE C 716 SY $66.04 $47,284.64 716 $47,284.64 28 (BARRIER FREE RAMP TYPE P-1 6 EA $1,000.00 $6,000.00 6 $6,000.00 29 'BARRIER FREE RAMP TYPE M-2 2 EA $1,000.00 $2,000.00 2 $2,000.00 j 30 ,BARRIER FREE RAMP TYPE R-1 2 EA $1,000.00 $2,000.00 2 $2,000.00 Sub-Total of Previous Unit $463,601.97 $463,601.97 I 4 f E; f{: (k(', k: {tYEi, El. G E {: €Y l ['r I' Monday, November 29, 2021 Page 3 of 5 i City Project Numbers 101913 DOE Number 9130 Contract Name CRIMSON RIDGE Estimate Number 1 Contract Limits Payment Number 1 Project Type PAVING, DRAINAGE, EROSION For Period Ending 6/25/2021 Project Funding Contract Information Summary Original Contract Amount $1,403,409.17 Change Orders Change Order Number 2 $85,064.81 Change Order Number 3 $29,203.00 i I Total Contract Price $1,517,676.98 j Total Cost of Work Completed $1,517,676.98 Less % Retained $0.00 Net Earned $1,517,676.98 Retainage This Period $0.00 Less Liquidated Damages 0 Days @ $0.00 /Day $0.00 Less Pavement Deficiency 0.00 Less Penalty 0.00 Less Previous Payment 0.00 Plus Material on Hand Less 15% 0.00 i Balance Due This Payment $1,517,676.98 0 I I Monday, November 29, 2021 Page 4 of 5 City Project Numbers 101913 DOE Number 9130 Contract Name CRIMSON RIDGE Estimate Number 1 Contract Limits Payment Number 1 Project Type PAVING, DRAINAGE, EROSION For Period Ending 6/25/2021 Project Funding Project Manager NA City Secretary Contract Number Inspectors CORDOVA / RUIZ, J Contract Date 11/4/2019 Contractor XPERT DESIGN &CONSTRUCTION Contact Time 180 WD 1469 S. 4TH STREET Days Charged to Date 240 WD LOUISVILLE, KY 40208 Contract Is 100.00 Complete CITY OF FORT WORTH SUMMARY OF CHARGES Line Fund Account Center Amount Funded Gross Retainage Net Total Cost of Work Completed $1,517,676.98 Less % Retained $0.00 Net Earned $1,517,676.98 Retainage This Period $0.00 Less Liquidated Damages 0 Days @ $0.00 /Day $0.00 Less Pavement Deficiency 0.00 Less Penalty 0.00 Less Previous Payment 0.00 Plus Material on Hand Less 15% 0.00 Balance Due This Payment $1,517,676.98 I I I Monday, November 29, 2021 Page 5 of 5 I i m 0 g @ 0 e > 0 o I — 0 0 0 -u B 2 0 y § § § 2 / r m / o — m o 2 w » m c a o § 0 2 m ± H m \ > Z o ` G -i ( q = m m # m m # 2 # H § § 0 d d [ \ \ 7 0 a o 0 0 0 . . 0 m ° } 0 \ j \ > \ C- q 9 z 7 { / § / ` \0 ) ) § � G w G w ® § 0 \ m -A --A ; > ne $ 2 \ m § ) \ � 0 0 o R \ ± ƒ q z d m ® \ °S \/ /G_ $ID \ \ e o®e 2 CO m% E \ 0 f P ( m \ \ \ \ § f f \ » 2 ® C � m / § ] m \ > Nj ` i / \ \ \ \ g f \ \ m \ \ � � 2 q \` .. .. e ° m 2 g ® 0 § { \ ® \ / 13 \ / j_ / � ; ) © / « \ m 4 $ g Cl ° n § % ® o m 2 / A « c m O ( 2 a m / e e 2 § U / 0 \ 19 \ � o � m § § Jm C. ^ 0 (D \ § § 5 o \ 2 § [ \ 7 / ( � 0 ( ~ $ » \ 3 CL - m ( ; ( \ { - \ m \ ) \ \ k -z H ) £ UpG \ � m z c g &o 9 ® � m 2/ \ q ) m \ \ ) 2 E< { a°§ \ f z m( ( 2 ( in 0 m mo 0 / 0 0.0 z E / \ XA \ - \ ® ¥ EQ 2§ \ (D oq \ / )$ §\ /\ m$ \) G go / j§ �o \� m A] m ko / § 5 m co K m Im 2 }) {) \ m § / \ < / ƒ to 3 $ 90 \ 0 k / / 0 E5 7 - \ / \ z o $ p E Mo o n z • � \ / ° �§ \ 0 LP 'U / % � �, :u -1 X D O O O 'p - 11 (n 0 0 0 0 "D (D' o O z m O � m m D 0 D 0 O I v, c -p -I ° ' m �, z mm 't m m 4t -D m No m v O O 0D � pco m mA w v mv o D �m D m m C O i c1 m D n i - > O -♦ I i Y o m X1 k m 3 Zi o A -i O C: m z A p 0 v 0 < 0 � rn D � nn D � o0o w ° (D rn o o m D 0 (A � P° uw ° :r u' o y 6 W o n O to o 0 0 W-D o o c) Z I (D P A o U co 0 � o o z G) m a o o > m < o 'o t� cfl io m �- o O o N ww O 0 o D a g o -� m 41 N N p rD 0 w M .Na ` a O O U1 yy yy yy O O Z D O1 0 0 o m rn �mn D m c`ao C1 A � � (7 Z�1 Q N ` 7 C 1 O o (D (D "0 o O N O O N m O --4 m 00 c n 9 to c 41 o O (Wo -D_-I = n p z N O D z w O N n O -1 O m � m a o K z m O to 00 o m_ A UI A O o 0 0 a o (A v f071 UI UOi N z N D o n m N o o < 0 D 0 0 o N z N " p m 0 0v � ul C � om fA ca o o G) IJ n 0 0 � 0 o m D r O O O n T m m 0 N (n 01 D Q z a o m IV N A [1 T �k�kk�k 3k 9k- O D O1oc(oww�rn � m z U ik °(D � m 5 o ° ;u o m m ET N 0 0 o v mznaaaan m m m O a a a a n a n 0 (7 CL Q. 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There were punch list items identified at that time. The punch list items were completed on June 25, 2021. 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 June 25, 2021,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- 392-2373. I Sincerely, Yog sh Patel,P.E.(Sep 2,2021 11:35 CDT) Yogesh Patel, Project Manager Cc:James Ruiz, Inspector Ron Cordova, Inspection Supervisor Edward Davila,Senior Inspector Victor Tornero, Program Manager Dunaway,Consultant Xpert Design and Construction, Contractor LDG Development, LLC, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev.8/20/19 AFFIDAVIT STATE OF Kentucky COUNTY OF Jefferson Before me,the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Mark Lechner, Manager Of Xpert Design & Construction, LLC,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; That there are no claims pending for personal injury and/or property damages; On Contract described as; Crimson Ridge: CPN 101913-Crimson Ridge- t nd Se r BYAvIrlaw ar ,ec er,MiMager Subscribed and sworn before me on this date 11 of August, 2021. 111119 ary Public J fferson, n uc y ��55 � 'ir o'• B`�i14.�o�g•14.10?Ff•.�Z ii��9rd�Y/0 M 6�9� V"� ,���l l l l I I I 111115155�`` PERFORMANCE BOND #3466707 Page 1 of 3 DUPLICATE BOND PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OFTARRANT i 4 That we,LDG Development,LLC,known as'Principal"herein and SureTec Insurance Company, f a corporate surety (sureties, if more than one) duly authorized to do business in the State of , Texas,known as Surety herein(whether one or more),are held and firmly bound unto the Developer,LDG Multifamily,LLC,authorized to do business in Texas("Developer")and the E City of Fort Worth, Texas, a Texas municipal corporation ("City"), in the penal sum of i Two Million Sixty Six Thousand Seventy Eight and 50/100 Dollars($2,066,078.50),lawful money of the United States,to be paid in Fort Worth,Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees,we bind ourselves,our heirs,executors administrators successors and assi ns ointl and several! firm! b these resents. > g +j Y Y� Y Y P WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 18-018 0; and ' WHEREAS,the Principal has entered into a certain written contract with the Developer k awarded the day of , , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change E Orders, as provided for in said Contract designated as Crimson Ridge, F NOW, THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work,including Change Orders,under the Contract,according to the plans, specifications, and contract documents therein referred to,and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City,then this E: obligation shall be and become null and void, otherwise to remain in full force and effect. E" CITY OF FORT WORTH STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS Revised January 31,2012 PERFORMANCE BOND Pap 2 of 3 PROVIDEDFURTHER,that if any 1e8a1 action be filed on this Bond,venire shall lie in Tarrant County,Texas a the United States District Court forthe Northern District of Texas,Fort WorthDivial m. This bond ismade and vxeouted in compliance with the provisions ofChgO=2253 of the Texas Government Code,as amended,and all liabilities on this bond shall be determined in accordance With the provisions of said statue. IN WITNESS WHEREOF,Ow Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and ofcem on this the day of PRINCIPAL: LDQ Development.LL.0 ATTEST {Principal) Secretary :.....- Name and Tit c Address: 1469 S Fourth St ` - Louisville.KY 402,08 76wl to P cipa FS //r! sioq' SURETY: vo o0r1�'?0?�;0 SmTec Insurance Compaq NUBI,%(* v tNend Title: Monica A.Kaiser,Attorney-in-Fact Address: 2103 City West Blvd Ste 1300 Houston,TX 77042 Vim"WQ W cx►s as to Surety Telephone Number,t7B-812-QW CITYOFFORT WORTH STANDARDCITYCOND1T10NS-DEVELOPERAWARDBD PROJECTS Revised January 31,2012 PERFORMANCE BOND Page 3 of 3 If siped by an officer ofthe Surety Company,dm must be on filo a from the by-laws Omwing that this person has autharity to sign such cbli 'on. If Surety's physical address is different f om itsmailing addma,both must beprovided The date of the bond 9W not be prior to the date the Contract is I I f E POA#: 1710005 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, 'Texas, does by these presents make,constitute and appoint John B.Ayres,Monica A.Kaiser,Todd P. l.oehnert,Paula J.Teague, Michael W.Baxter,Madison Haller its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is I hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2tTt'of April, 1999) i In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 8th day of October ,A.D.2019 . i SURETEC INS PEONY i . %..... w� y ; By: wow t> John Kno .,CE State of Texas ss: d JY County of Harris On this 8th day of October , A.D. 2019 before me personalty came John Knox Jr.,to me known,who,being by me duly sworn, did depose and say, that he resides in Houston,Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUkI:�'N rHc FII LFA,F „_�Oldf'/put"i'i "i I;S`."9 of TE1:Ckr Coi7ttn.Eyoirati 05 16-2021 Notary 1D 12t'�Y, tl2q Jacy etyn Greenleaf,Notary Public E My commission expires May 18,2021 1,M. Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in Nall force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this day of A.D. .Bren Beaty,hNistAnt Se tary Any instrument Issued In excess of the penalty stated above is totally void and without any validity. 1710005 '' For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. DEVELOPMENT BOND GUARANTEEING PERFORMANCE AND PAYMENT OF IMPROVEMENTS Bond No. 3466708 KNOW ALL MEN BY THESE PRESENTS, that we,LDG Development,LLC,as Principal,and (SureTec Insurance Company),a corporation organized and existing under I the laws of the State of Texas,and fully authorized to transact business in the State of I Texas,as surety,are held and firmly bound unto CITY OF FORT WORTH,TEXAS,200 I Texas Street,Fort Worth,Texas,76102, as Obligee,in the penal sum of($2,066,078.501 I lawful money of the United States of America, for the payment of which well and truly to be made,we bind ourselves,our heirs, executors,administrators,successors and assigns, jointly and severally,firmly by these presents. WHEAREAS,(LDG Development,LLC) has agreed to construct in(Tarrant Countyl,in the CITY OF FORT WORTH,TEXAS the following improvements: (Crimson Ridge) WHEREAS,in the event of bankruptcy,default or other nonperformance by E Principal,claims against Principal or the development,Obligee may be left without adequate satisfaction. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct,or have constructed, the improvements herein E k. described,and shall pay for the cost of all labor, materials and equipment furnished in connection with the construction of said improvements,and shall save the Obligee harmless E E from any loss,cost or damage by reason of its failure to complete the construction of said improvements or by reason of its failure to pay for the cost of same,then this obligation shall be null and void, otherwise to remain in full force and effect; and upon receipt of a claim by the City of Fort Worth indicating that the construction of said improvements has j [E t e not been completed,or that the costs for same have not been paid,the Surety will pay to the City of Fort Worth such amount up to the amount of this bond which will allow the City of Fort Worth to complete construction of said improvements and to pay for the costs of same. We hereby agree with you that the draft(s)drawn under and in compliance with the terms of this bond will be duly honored upon presentation at: (Surety)SureTec Insurance Companymail code: , (Surety Address)2103 City West Blvd,Ste 1300 Attn:—Dale Greig or by facsimile to(surety:SureTee Insurance Company Fax Number713-812-0406confrimed by a phone call at713-812-0800 PROVIDED FURTHER, that this bond shall automatically be increased by the amount of any change order,supplemental agreement or amendment which increase the price of the aforementioned contract. PROVIDED FURTHER,that if any legal action be filed on this bond,the laws of the State of Texas shall apply and that venue shall lie exclusively in Tarrant County,Texas. AND PROVIDED FLIRTER,that the said surety,for value received,hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of any contract for the public affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of such contract. This bond is given pursuant to the provisions of Section 212.073 of the Texas Local Government Code,as such may amended from time to time. Signed,sealed and dated this day of .20 DEVELOPER'S NAME SureTec Insurance Company Principal Surety J fi, By: By: ltN 6 Attorney-in=-Faict POA it. 1710005 Sure T ec Insurance Company LIMITED POWER. OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint John B. Ayres, Monica A. Kaiser, Todd P. Loehnert, Paula J. Teague, Michael W. Baxter, Madison Haller its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge j and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed i Fifteen Million and 00/100 Dollars($15,000,000.00) i and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is ( hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adapted at a meeting held on 20'1'of April. 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 8th day of October A.D.2019 . s,u SURETEC INSU A PANY yv��!eF to By: John Kno ,CE State of Texas ss: c t 5 County of Harris On this 8th day of October,A.D. 2019 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say, that he resides in Houston,Texas, that he is CEO of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. E € .1 _ Jacq elyn Greenleaf Notary Public My commission expires May 18,2021 E: I 1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. i Given under my hand and the seal of said Company at Houston, Texas this day of , A.D. .Bren"Beaty, taat Se tary ^ Any instrument issued in excess of the penalty stated above is totally void and without any validity. 1710005 For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5.00 pm CST. I RIDER To be attached to and form a part of: Bond No. 3466708 Developer's Bond Type of Bond: Executed by LDG Development,LLC , as Principal, and by Sure'rec,Insurance Company , as Surety, in favor ofcily of Ft.worth.Tx and dated In Consideration of the premium charged for the attached bond, it is hereby agreed to change: Chanaina Principal Name From: LDG Development,LLC To: Xpert Design and Construction,LLC This rider is effective 11/07/2019 This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond.The referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. SIGNED, SEALED AND DATED this 7th day of November ,2019 By: Monica A.Kaiser • i Attorney In Fact Surety Phone No. (713)e12.0900 4 FOA y; 1710005 Sure T ec Insurance Company LIMITED POWER OF ATTORNEY .Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint John B.Ayres, Monica A Kaiser, Todd P. Loehnert, Paula J.Teague, Michael W. Baxter, Madison Haller its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20,h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 8th day of October ,A.D.2019 . � SURETEC INS ANY \�yUFANCFCO By. �vr X q tom@ w us b° John Kno ,CE State of Texas ss: cc;z, d C , County of Harris On this 8th day of October,A.D. 2019 before me personally came John Knox Jr.,to me known, who,being by me duly sworn,did depose and say, that he resides in Houston,Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. F""• „„t6 ,,I !,rE,�;03p29 Jacq elyn Greenleaf,notary Public _._., - My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 7th day of Nov tuber , 2019 _ A.D. I A.Bred Beaty,lAistant 8 tary Any instrument issued in excess of the penalty stated above is totally void and without any validity. 1710005 For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. k i AFFIDAVIT STATE OF Kentucky COUNTY OF Jefferson Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Mark Lechner, Manager Of Xpert Design & Construction,LLC,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 be en paid in full; That there are no claims pending for personal injury and/or property damages; On Contract described as; Crimson Ridge: CPN 101913-Crimson Ridge- t nd Se r BY ar ,ec er, nager Subscribed and sworn before me on this date 11 of August, 2021. ary Public J fferson, nqucy IP� AFFIDAVIT STATE OF Kentucky COUNTY OF Jefferson Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Mark Lechner, Manager Of Xpert Design& Construction, LLC,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; That there are no claims pending for personal injury and/or property damages; On Contract described as; Crimson Ridge: CPN 101913-Crimson Ridge-Street Lights - Traffic Signals -7A/2Vw �22_. BY ar a er, N4anager Subscribed and sworn before me on this date 11 of August, 2021. otary Pu efferson, ent >cky y�Ao CP G E q,R11KO ���`��