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HomeMy WebLinkAboutContract 58535-FP1-FP1 FORT WORTH. City Secretary Contract No. 58535 Date Received 10/09/2023 AT NOTICE OF PROJECT COM LETION (Developer Projects) The Transportation and Public Works Department upon the recommendation of the Project Manager has accepted the following project as complete: Project Name: Chisholm Trail Ranch Sec 3 Ph 1 A City Project No.: 103826 Improvement Type(s): ® Paving Original Contract Price: Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete: J co atewood fSeo 30.202308:32 CDTl Contractor Project Manager Title Conatser Construction Company Name s a� Project Inspector C'J' P.Q. Project Manager �` becca Dian Ree Owen (Oct 9, 202310:07 CDT) CFA Manager X a I wren Pnaur (Or[ 9 9n9R in lF CDT TPW Director willia�Johnson 9.202314:14 CDT) Asst. City Manager ® Drainage ❑ Street Lights ❑ Traffic Signals $4,248,986.50 $4,248,986.50 Sep 30, 2023 Date Oct 2, 2023 Date Oct 9, 2023 Date Oct 9, 2023 Date Oct 9, 2023 Date Oct 9, 2023 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 2 Notice of Project Completion Project Name: Chisholm Trail Ranch Sec 3 Ph 1 A City Project No.: 103826 City's Attachments Final Pay Estimate Change Order(s): ❑ Yes ® N/A Contractor's Attachments Affidavit of Bills Paid Lr Consent of Surety , Statement of Contract Time Contract Time 250 WD Days Charged: 142 Work Start Date: 1/16/2022 Work Complete Date: 9/21/2023 Completed number of Soil Lab Test: 863 Completed number of Water Test: 26 Page 2 of 2 FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name CHISHOLM TRAIL RANCH SECTION 3 PHASE 1 A Contract Limits Project Type DRAINAGE I City Project Numbers 103826 DOE Number 3826 Estimate Number I Payment Number I For Period Ending 9/21/2023 WD City Secretary Contract Number Contract Time 20WD Contract Date Days Charged to Date 142 Project Manager NA Contract is 100.00 Complete Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 Inspectors GLOVER / B. STEPHEN Thursday, October 5, 2023 Page 1 of 6 City Project Numbers 103826 DOE Number 3826 Contract Name CHISHOLM TRAIL RANCH SECTION 3 PHASE 1 A Estimate Number 1 Contract Limits Payment Number 1 Project Type DRAINAGE I For Period Ending 9/21/2023 Project Funding UNIT III: DRAINAGE IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 10' CURB INLET 11 EA $3,600.00 $39,600.00 11 $39,600.00 2 21" RCP, CLASS 513 LF $68.00 $34,884.00 513 $34,884.00 3 24" RCP, CLASS 1882 LF $73.00 $137,386.00 1882 $137,386.00 4 30" RCP, CLASS 662 LF $88.00 $58,256.00 662 $58,256.00 5 36" RCP, CLASS 39 LF $115.00 $4,485.00 39 $4,485.00 6 48" RCP, CLASS 1140 LF $185.00 $210,900.00 1140 $210,900.00 7 54" RCP, CLASS 94 LF $245.00 $23,030.00 94 $23,030.00 8 4X4 BOX CULVERT 876 LF $265.00 $232,140.00 876 $232,140.00 9 5X5 BOX CULVERT 1181 LF $335.00 $395,635.00 1181 $395,635.00 10 7X5 BOX CULVERT 546 LF $490.00 $267,540.00 546 $267,540.00 11 8X5 BOX CULVERT 418 LF $530.00 $221,540.00 418 $221,540.00 12 TRENCH SAFETY 7351 LF $1.00 $7,351.00 7351 $7,351.00 13 4' STORM JUNCTION BOX 5 EA $6,500.00 $32,500.00 5 $32,500.00 14 5' STORM JUNCTION BOX 4 EA $7,500.00 $30,000.00 4 $30,000.00 15 6' STORM JUNCTION BOX 2 EA $9,500.00 $19,000.00 2 $19,000.00 16 TSTORM JUNCTION BOX 1 EA $12,500.00 $12,500.00 1 $12,500.00 17 5' MANHOLE RISER 7 EA $6,500.00 $45,500.00 7 $45,500.00 20 TXDOT TYPE FW-S 8'X5' WINGWALL I EA $12,500.00 $12,500.00 1 $12,500.00 21 TXDOT TYPE FW-S 5X5' WINGWALL I EA $9,500.00 $9,500.00 1 $9,500.00 22 TXDOT TYPE FW-S 4'X4' WINGWALL 1 EA $8,500.00 $8,500.00 1 $8,500.00 23 15' CURB INLET 3 EA $4,600.00 $13,800.00 3 $13,800.00 24 20' CURB INLET 6 EA $6,000.00 $36,000.00 6 $36,000.00 25 12XIO BOX CULVERT 118 LF $1,400.00 $165,200.00 118 $165,200.00 26 TXDOT TYPE FW-S 2-12'x10' WINGWALL 2 EA $74,500.00 $149,000.00 2 $149,000.00 27 Y DROP INLET 1 EA $7,500.00 $7,500.00 1 $7,500.00 28 STRAGHT HEADWALL 1 EA $6,500.00 $6,500.00 1 $6,500.00 29 3' DROP INLET 1 EA $4,500.00 $4,500.00 1 $4,500.00 18 4' DROP INLET 5 EA $6,000.00 $30,000.00 5 $30,000.00 19 12" ROCK RIPRAP 297 SY $115.00 $34,155.00 297 $34,155.00 Sub -Total of Previous Unit $2,249,402.00 $2,249,402.00 Thursday, October 5, 2023 Page 2 of 6 City Project Numbers 103826 DOE Number 3826 Contract Name CHISHOLM TRAIL RANCH SECTION 3 PHASE 1 A Estimate Number 1 Contract Limits Payment Number 1 Project Type MASTER DRAINAGE For Period Ending 9/21/2023 Project Funding UNIT IIIB: MASTER DRAINAGE IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 TRENCH SAFETY 426 LF $4.00 $1,704.00 426 $1,704.00 2 24" STRAIGHT HEADWALL, 1 PIPE 1 EA $3,500.00 $3,500.00 1 $3,500.00 3 REMOVE 4' GATE INLET I EA $1,500.00 $1,500.00 1 $1,500.00 4 10' CURB INLET 1 EA $3,600.00 $3,600.00 1 $3,600.00 5 15' CURB INLET I EA $4,600.00 $4,600.00 1 $4,600.00 6 4' DROP INLET I EA $6,000.00 $6,000.00 1 $6,000.00 7 4'STORM JUNCTION BOX 2 EA $6,500.00 $13,000.00 2 $13,000.00 8 21" RCP, CLASS 155 LF $68.00 $10,540.00 155 $10,540.00 9 24" RCP, CLASS 25 LF $85.00 $2,125.00 25 $2,125.00 10 10" RCP, CLASS 246 LF $88.00 $21,648.00 246 $21,648.00 Sub -Total of Previous Unit $68,217.00 $68,217.00 UNIT IV: PAVING IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 6" REINFORCE CONC PVMT 18930 SY $42.00 $795,060.00 18930 $795,060.00 2 6" LIME TREATMENT 20154 SY $3.25 $65,500.50 20154 $65,500.50 3 TOPSOIL 126 CY $24.00 $3,024.00 126 $3,024.00 4 BLOCK SOD PLACEMENT 752 SY $8.00 $6,016.00 752 $6,016.00 5 4" CONC SIDEWALK 5852 SF $4.00 $23,408.00 5852 $23,408.00 6 TYPE III BARRICADE 4 EA $1,000.00 $4,000.00 4 $4,000.00 7 LARGE STONE RIPRAP, DRY 92 SY $115.00 $10,580.00 92 $10,580.00 8 HYDRATED LIME (30#/SY PER GEOTECH) 303 TN $215.00 $65,145.00 303 $65,145.00 9 BARRIER FREE RAMP, TYPE P-1 24 EA $1,800.00 $43,200.00 24 $43,200.00 10 BARRIER FREE RAMP, TYPE R-1 4 EA $1,600.00 $6,400.00 4 $6,400.00 11 FURNISH/INSTALL ALUM SIG GROUND 16 EA $750.00 $12,000.00 16 $12,000.00 MOUNT CITY STANDARD- RI-1 STOP SIGN 12 FURNISH/INSTALL ALUM SIG GROUND 32 EA $300.00 $9,600.00 32 $9,600.00 MOUNT CITY STANDARD- STREET NAME BLADE P 13 6" CONC CURB AND GUTTER 20 LF $30.00 $600.00 20 $600.00 14 FURNISH/INSTALL ALUM SIG GROUND 1 EA $750.00 $750.00 1 $750.00 MOUNT CITY STANDARD - R8-3R W/STICKERS Thursday, October 5, 2023 Page 3 of 6 City Project Numbers 103826 DOE Number 3826 Contract Name CHISHOLM TRAIL RANCH SECTION 3 PHASE 1 A Estimate Number 1 Contract Limits Payment Number 1 Project Type PAVING For Period Ending 9/21/2023 Project Funding Sub -Total of Previous Unit $1,045,283.50 $1,045,283.50 UNIT IVB: MCPHERSON PAVING IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 10" REINFORCED CONC PVMT 8200 SY $78.00 $639,600.00 8200 $639,600.00 2 8" LIME TREATMENT 8874 SY $4.00 $35,496.00 8874 $35,496.00 3 REMOVE SIDEWALK 1770 SF $2.00 $3,540.00 1770 $3,540.00 4 HYDRATED LIME (36#/SY PER GEOTECH) 160 TN $215.00 $34,400.00 160 $34,400.00 5 FURNISH/INSTALL ALUM SIG GROUND 3 EA $750.00 $2,250.00 3 $2,250.00 MOUNT CITY STANDARD-R3-7 SIGN 6 8.5" THICK TYPE "DD" & 'B" TEMPORARY 1347 SF $10.00 $13,470.00 1347 $13,470.00 ASPHALT 7 LANE LEGEND ARROW 3 EA $500.00 $1,500.00 3 $1,500.00 8 FURNISH/INSTALL ALUM SIG GROUND 1 EA $750.00 $750.00 1 $750.00 MOUNT CITY STANDARD-R4-7 SIGN 9 4" CONC SIDEWALK 21467 SF $4.00 $85,868.00 21467 $85,868.00 10 TOPSOIL 938 CY $24.00 $22,512.00 938 $22,512.00 11 BLOCK SOD PLACEMENT 5626 SY $8.00 $45,008.00 5626 $45,008.00 12 TYPE III BARRICADE 1 EA $1,000.00 $1,000.00 1 $1,000.00 13 4" SLD PVMT MARKING HAS (W) 345 LF $2.00 $690.00 345 $690.00 -------------------------------------- Sub -Total of Previous Unit $886,084.00 $886,084.00 Thursday, October 5, 2023 Page 4 of 6 City Project Numbers 103826 Contract Name CHISHOLM TRAIL RANCH SECTION 3 PHASE 1 A Contract Limits Project Type MCPHERSON PAVING Project Funding Contract Information Summary Original Contract Amount Change Orders DOE Number 3826 Estimate Number 1 Payment Number 1 For Period Ending 9/21/2023 $4,248,986.50 Total Contract Price $4,248,986.50 Total Cost of Work Completed $4,248,986.50 Less % Retained $0.00 Net Earned $4,248,986.50 Earned This Period $4,248,986.50 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 $4,248,986.50 Thursday, October 5, 2023 Page 5 of 6 City Project Numbers 103826 Contract Name CHISHOLM TRAIL RANCH SECTION 3 PHASE 1 A Contract Limits Project Type MCPHERSON PAVING Project Funding Project Manager NA Inspectors GLOVER / B. STEPHEN Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 DOE Number 3826 Estimate Number 1 Payment Number 1 For Period Ending 9/21/2023 City Secretary Contract Number Contract Date Contract Time 205 WD Days Charged to Date 142 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 $4,248,986.50 Less % Retained $0.00 Net Earned $4,248,986.50 Earned This Period $4,248,986.50 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 $4,248,986.50 Thursday, October 5, 2023 Page 6 of 6 FORTWORTH. TRANSPORTATION AND PUBLIC WORKS September 21, 2023 Conatser Construction TX L.P. 5327 Wichita Street Fort Worth TX 76119 RE: Acceptance Letter Project Name: Chisholm Trail Ranch Sec 3 Ph 1A Project Type: Developer City Project No.: 103826 To Whom It May Concern: On September 21, 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 September 21, 2023, which is the date of the final inspection 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- 392-6251. Sincerely, 1^1 1 /N,1• L. �Af nddrre`ww Goodman , Project Manager Cc: Stephen Barnard, Inspector Mike Glover, Inspection Supervisor Daniel Roy, Senior Inspector Victor Tornero, Program Manager UA Engineering, Consultant Conatser Construction, Contractor Meritage Homes, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev.08/20/19 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: CHISHOM TRAIL RANCH SEC. 3 PH. 1A WATER, SANITARY SEWER, PAVING, DRAINAGE, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 22-0143 CITY PROJECT #:103826 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP i Subscribed and sworn to before me this 15TH day of September, 2023. KATHERINE ROSE Pp- pUd 'o�• %'• NOTARY PUBLIC *. ID# 1334§7933 Notary Public in Tarrant County, Texas q State of I exas "oP*° Comm. Exp. 11 -30-2025 'CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American institute of Architects, AtA Document G707 PROJECT: (name, address)Chisholm Trail Ranch Section 3, Phase 1A Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER T Bond No 0247479 MERITAGE HOMES OF TEXAS, LLC AND THE CITY ARCHITECT'S PROJECT NO: CPN 103826 OF FORT WORTH C FOR: 8840 Cypress Waters Blvd., Suite 100 Chisholm Trail Ranch Section 3 Phase 1A - Utilities and Paving Fort Worth TX 75019 rf 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 there 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) MERITAGE HOMES OF TEXAS, LLC AND THE CITY OF FORT WORTH 8840 Cypress Waters Blvd., Suite 100 Fort Worth TX 75019 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: (Seal):a.—'�''�.� 3rd day of August, 2023 BERKLEY INSURANCE COMPANY Surety Company Signature of Authorized Representative Robbi Morales Title Attorne -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 MINWM ON, 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 o. and appointed, and does 'by these presents make, constitute and appoint Ricardo J.. Reyna; Don E. Contell; Sophinie hunter:; Cj Robbi Morales; .Kelly A. Westbrook; Tina McEwau; 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 L 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. oW 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 a, resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January.25, 2010: v � o c 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 o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein 3 to execute bonds, undertakings,. recognizances, or other suretyship obligations on behalf of the Company, and to affix the o� o 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, 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 0 to further c RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, underMnking, recognizance, or w other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as .L 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 b ceased to be such at the time when such instruments shall be issued. o IN WIM'1=SS 'vN11­IEREDF, the Company has caused these presents to; be signed and' attested by its appropriate officers and its o U corporate seal hereunto affixed this'da}+ of M��, a0. z Attest: Berk] Insurance Company o (Seal) By i By o ° IraS_ Lede6aau Je P Executive Vice President & Secretary i tee;dean o W?..RNING: THJS PO WER:•LKVAI;fD lI- NOT FRRgTED ON )3LULT `BIiRI EY" SECIIRI [Y PAPER. ' ~ STATE OF COXNECTICUT ) o) ss: 0 90o COUNTY OF FAIRFIRLD ) w Stearn to before me, a Notary Pubic in the State of Connecticut; this _ day of }'�c_: r , _.1 by Ira S. Lederman and Jeffrey M. Rafter who are sworn to me to be the Executive Vice Presiden Secretary, and Sevier i�ir�i Aro�L respectively, of BeTldcy Tnstuance.Company_ 1AAR1AZNoTAY NDRR i vO CONNECrICUr Q MY COMMMN EXPIRES otar , blic $tale of'Connect"teut 1 O AP&L 30, 2024 x . Z c�i CERTTF" 1CATE. �i d, 1the undersigned; _ Assistant Secretary � ;: ry.ofBEItYCLEY INSURANCE COMPANY, DO HEREBY CERTIFY flint the foregoing is a true, correct and complete copy of the ori,gvral Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney in -Fact set forth therein, who executed the bond or undertaking to whicb this Power of. 3 Attorney is attached; is. in full force.and of -feet as of this d1te. l; Wen under my'13and and scat of flit Company, Uiis _3 rd day of _ AuAu,S.pl.. ,2 0 2 3 (Scat) Vincent P. Torte 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: CHISHOM TRAIL RANCH SEC. 3 PH. 1A WATER, SANITARY SEWER, PAVING, DRAINAGE, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 22-0143 CITY PROJECT #:103826 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP i Subscribed and sworn to before me this 15TH day of September, 2023. KATHERINE ROSE Pp- pUd 'o�• %'• NOTARY PUBLIC *. ID# 1334§7933 Notary Public in Tarrant County, Texas q State of I exas "oP*° Comm. Exp. 11 -30-2025 'CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American institute of Architects, AtA Document G707 PROJECT: (name, address)Chisholm Trail Ranch Section 3, Phase 1A Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER T Bond No 0247479 MERITAGE HOMES OF TEXAS, LLC AND THE CITY ARCHITECT'S PROJECT NO: CPN 103826 OF FORT WORTH C FOR: 8840 Cypress Waters Blvd., Suite 100 Chisholm Trail Ranch Section 3 Phase 1A - Utilities and Paving Fort Worth TX 75019 rf 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 there 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) MERITAGE HOMES OF TEXAS, LLC AND THE CITY OF FORT WORTH 8840 Cypress Waters Blvd., Suite 100 Fort Worth TX 75019 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: (Seal):a.—'�'�.� 3rd day of August, 2023 BERKLEY INSURANCE COMPANY Surety Company Signature of Authorized Representative Robbi Morales Title Attorne -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 MINWM ON, 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 o. and appointed, and does 'by these presents make, constitute and appoint Ricardo J.. Reyna; Don E. Contell; Sophinie hunter:; Cj Robbi Morales; .Kelly A. Westbrook; Tina McEwau; 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 L 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. oW 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 a, resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January.25, 2010: v � o c 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 o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein 3 to execute bonds, undertakings,. recognizances, or other suretyship obligations on behalf of the Company, and to affix the o� o 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, 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 0 to further c RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, underMnking, recognizance, or w other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as .L 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 b ceased to be such at the time when such instruments shall be issued. o IN WIM'1=SS 'vN11­IEREDF, the Company has caused these presents to; be signed and' attested by its appropriate officers and its o U corporate seal hereunto affixed this'da}+ of M��, a0. z Attest: Berk] Insurance Company o (Seal) By i By o ° IraS_ Lede6aau Je P Executive Vice President & Secretary i tee;dean o W?..RNING: THJS PO WER:•LKVAI;fD lI- NOT FRRgTED ON )3LULT `BIiRI EY" SECIIRI [Y PAPER. ' ~ STATE OF COXNECTICUT ) o) ss: 0 90o COUNTY OF FAIRFIRLD ) w Stearn to before me, a Notary Pubic in the State of Connecticut; this _ day of }'�c_: r , _.1 by Ira S. Lederman and Jeffrey M. Rafter who are sworn to me to be the Executive Vice Presiden Secretary, and Sevier i�ir�i Aro�L respectively, of BeTldcy Tnstuance.Company_ 1AAR1AZNoTAY NDRR i vO CONNECrICUr Q MY COMMMN EXPIRES otar , blic $tale of'Connect"teut 1 O AP&L 30, 2024 x . Z c�i CERTTF" 1CATE. �i d, 1the undersigned; _ Assistant Secretary � ;: ry.ofBEItYCLEY INSURANCE COMPANY, DO HEREBY CERTIFY flint the foregoing is a true, correct and complete copy of the ori,gvral Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney in -Fact set forth therein, who executed the bond or undertaking to whicb this Power of. 3 Attorney is attached; is. in full force.and of -feet as of this d1te. l; Wen under my'13and and scat of flit Company, Uiis _3 rd day of _ AuAu,S.pl.. ,2 0 2 3 (Scat) Vincent P. Torte