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HomeMy WebLinkAboutContract 54339-FP1FORT WORTH. -FP1 City Secretary Contract No. 54339 Date Received 11/8/2023 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: Risinger Rd. South Industrial Park City Project No.:102560 Improvement Type(s): Water ❑x Sewer ❑x Original Contract Price: Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete: Nov 8, 2023 Je. CatewoodAov 8. 202307:11 CST) Contractor Date Project Manager Title Conatser Construction TX, L.P. Company Name CRISTOBAL 11.TES(Nov8,202307:20CST) Nov V, 2023 Project Inspector Date Nov 8, 2023 Project Manager Date NovOwen 8, 2023 Rebecca Diane CFA Manager Date Nov 8, 2023 TPW Director Date ��J, Nov 8 2023 , William Johnson (N vR. 202316:07 GMT+11 Asst. City Manager Date $878,503.46 $12,145.79 $890,649.25 $890,649.25 OFFICIAL RECORD CITY SECRETARY Page 1 of 2 FT. WORTH, TX Notice of Project Completion Project Name: Risinger Rd. South Industrial Park City Project No.: 102560 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 Consent of Surety Statement of Contract Time Contract Time: 252 WD Work Start Date: 9/28/2020 Completed number of Soil Lab Test: 604 Completed number of Water Test: 19 Days Charged: 377 Work Complete Date: 10/25/2023 Page 2of2 FoRTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name RISINGER ROAD SOUTH INDUSTRIAL PARK Contract Limits Project Type WATER & SEWER City Project Numbers 102560 DOE Number 2560 Estimate Number I Payment Number 1 For Period Ending 10/25/2023 WD City Secretary Contract Number Contract Time 257'D Contract Date Days Charged to Date 377 Project Manager NA Contract is 100.00 Complete Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 Inspectors R.HORTON / CTUENTES Monday, November 6, 2023 Page 1 of 5 City Project Numbers 102560 Contract Name RISINGER ROAD SOUTH INDUSTRIAL PARK Contract Limits Project Type WATER & SEWER Project Funding WATER Item Description of Items Estimated Unit Unit Cost No. Quanity 1 4"-12" PRESSURE PLUG (CO #1) 7 EA $1,153.26 2 10" WATERLINE LOWERING 2 EA $2,414.29 3 TRENCH SAFETY (CO #1) 4028 LF $1.12 4 IMPORTED EMBEDMENT/BACKFILL CLSM 48 CY $97.16 (CO #1) 5 DUCTILE IRON WATER FITTINGS 7.105 TN $5,562.47 W/RESTRAINT DOE Number 2560 Estimate Number 1 Payment Number 1 For Period Ending 10/25/2023 Estimated Completed Completed Total Quanity Total $8,072.82 7 $8,072.82 $4,828.58 2 $4,828.58 $4,511.36 4028 $4,511.36 $4,663.68 48 $4,663.68 $39,521.35 7.105 $39,521.35 6 8" WATER PIPE 395.6 LF $29.89 $11,824.48 7 10" WATER PIPE 16 LF $18.15 $290.40 8 10" DIP WATER (CO #1) 0 LF $44.55 $0.00 9 12" DIP WATER 152 LF $138.87 $21,108.24 10 12" PVC WATER PIPE 3237 LF $71.34 $230,927.58 11 16" DIP WATER 212 LF $167.73 $35,558.76 12 CONNECTION TO EXISTING 16" WATER MAIN 1 EA $3,511.37 $3,511.37 13 CONNECTION TO EXISTING 4"-12" WATER 1 EA $2,176.33 $2,176.33 MAIN 14 8" GATE VALVE 1 EA $1,414.66 15 10" GATE VALVE 2 EA $1,669.61 16 12" GATE VALVE 10 EA $2,390.16 17 REMOVE 8" WATER LINE (CO #1) 76 LF $20.00 Sub -Total of Previous Unit ------------- SEWER Item Description of Items No. 1 POST CCTV INSPECTION (CO #1) 2 MANHOLE VACUUM TESTING (CO #1) 3 20" CASING BY OPEN CUT (CO #1) 4 TRENCH SAFETY (CO #1) 5 TRENCH WATER STOPS 6 IMPORTED EMBEDMENT BACKFILL CSS (CO #1) Estimated Unit Unit Cost Quanity 5233 LF $1.95 19 EA $174.87 0 LF $63.77 5231 LF $1.12 11 EA $464.61 140 CY $87.02 395.6 $11,824.48 16 $290.40 0 $0.00 152 $21,108.24 3237 $230,927.58 212 $35,558.76 1 $3,511.37 1 $2,176.33 $1,414.66 1 $1,414.66 $3,339.22 2 $3,339.22 $23,901.60 10 $23,901.60 $1,520.00 76 $1,520.00 ------------ $397,170.43 $397,170.43 Estimated Completed Completed Total Quanity Total $10,204.35 5233 $10,204.35 $3,322.53 19 $3,322.53 $0.00 0 $0.00 $5,858.72 5231 $5,858.72 $5,110.71 11 $5,110.71 $12,182.80 140 $12,182.80 Monday, November 6, 2023 Page 2 of 5 City Project Numbers 102560 DOE Number 2560 Contract Name RISINGER ROAD SOUTH INDUSTRIAL PARK Estimate Number I Contract Limits Payment Number 1 Project Type WATER & SEWER For Period Ending 10/25/2023 Project Funding 7 20" CASING BY OTHER THAN OPEN CUT (CO 93 LF $475.09 $44,183.37 93 $44,183.37 #1) 8 8" SEWER PIPE (CO #1) 1620.34 LF $49.38 $80,012.39 1620.34 $80,012.39 9 8" DIP SEWER PIPE (CO #1) 87 LF $95.99 $8,351.13 87 $8,351.13 10 10" SEWER PIPE (CO #1) 1227.64 LF $44.21 $54,273.96 1227.64 $54,273.96 11 15" SEWER PIPE 2178.23 LF $54.64 $119,018.49 2178.23 $119,018.49 12 EPDXY MANHOLE LINER (CO #1) 157 VF $207.80 $32,624.60 157 $32,624.60 13 4' MANHOLE (CO #1) 19 EA $3,849.35 $73,137.65 19 $73,137.65 14 4' EXTRA DEPTH MANHOLE (CO #1) 162 VF $195.76 $31,713.12 162 $31,713.12 15 14" DIP SEWER (CO #1) 93 LF $145.00 $13,485.00 93 $13,485.00 Sub -Total of Previous Unit $493,478.82 $493,478.82 Monday, November 6, 2023 Page 3 of 5 City Project Numbers 102560 Contract Name RISINGER ROAD SOUTH INDUSTRIAL PARK Contract Limits Project Type WATER & SEWER Project Funding Contract Information Summary Original Contract Amount Change Orders Change Order Number 1 Change Order Number 1 Total Contract Price DOE Number 2560 Estimate Number 1 Payment Number 1 For Period Ending 10/25/2023 $878,503.46 ($5,376.30) $17,522.09 $890,649.25 Total Cost of Work Completed $890,649.25 Less % Retained $0.00 Net Earned $890,649.25 Earned This Period $890,649.25 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 $890,649.25 Monday, November 6, 2023 Page 4 of 5 City Project Numbers 102560 DOE Number 2560 Contract Name RISINGER ROAD SOUTH INDUSTRIAL PARK Estimate Number I Contract Limits Payment Number 1 Project Type WATER & SEWER For Period Ending 10/25/2023 Project Funding Project Manager NA City Secretary Contract Number Inspectors R.HORTON / C.FUENTES Contract Date Contractor CONATSER CONSTRUCTION TxLP Contract Time 252 WD 5327 WICHITA ST Days Charged to Date 377 WD FORT WORTH, TX 76119 Contract is .000000 Complete CITY OF FORT WORTH SUMMARY OF CHARGES Line Fund Account Center Amount Gross Retainage Net Funded Total Cost of Work Completed $890,649.25 Less % Retained $0.00 Net Earned $890,649.25 Earned This Period $890,649.25 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 $890,649.25 Monday, November 6, 2023 Page 5 of 5 DEVELOPER -AWARDED -PROJECT CHANGE ORDER PROJECT NAME: Risinger Road South Industrial Park CONTRACT: A - Water, Al - Sewer, B - Paving and Drainage, C - Street Lights CFA# 2M027 CITY PARTICIPATION: No CITY PROJECT# 102560 FID # 30114-0200431-102560-EO7685 FILE # W-2691,X-26387 INSPECTOR: Cristobal Fuentes Phone No: 817-392-8306 PROJECT MANAGER: Debbie Willhelm Phone No: 817-392-2481 CHANGE ORDER No: 1 REVIEWED By Debbie J. Willhelm at 9:19 am, Aug 25, 2023 CONTRACT UNIT WATER SEWER PAVING DRAINAGE STREETLIGHTS CONTRACT DAYS Developer ueveoper uevetoper uavdoper Cost C11Y G4�t City CoN Cost Cltr Co61 Cost city Goat Coat GM1r COLT ORIGINAL CONTRACT $402,546.73 $0,00 I $000 $1,312,711.31 k00 S1.153.m.933 S0,00 $178,472.51 �'50.00 252 EXTRAS TO DATE $0.00 $0.00 50.00 $0.00 f49G $0.00 man $0.00 0 CREDITS TO DATE $0.00 W-00 L956,739 $0,00 $0.00 .. $0,00.. $0.00 16.00 $0.00 0 CONTRACT TO DATE $402,546.73 S0.00 $1,312,711.31 . i0J10 $1,153,179.93 30.00 $178,472.51 252 AMOUNT OF PROP. CHANGE ORDER $ (5376,30) $ 25,08 20 $ 78,18192 (30,92Fi.fi5I 0 REVISED CONTRACT AMOUNT $397,17OA3 $1,33779XS1 $1,231,361.55 m $147,546.86 252 TOTAL REVISED CONTRACT AMOUNT PER UNIT $397,17OA3 $493,478,82 $1,337,71.11 $1,231,361AS $147,546.86 REVISED COST SHARE Dev, Cost: $3,607,357.17 TOTAL REVISED CONTRACT $3,607;357.17 Revised: 10-12-2011 Page 1 You are directed to make the fallowing changes in the contract documents: BAD ITEMI PAY ITEM -9(CITY QUANTITY I UNIT I ITEM DESCRIPTION I UNIT PRICE I TOTAL UNITI: WATER 1 1 0241.111: I 1 EA 4'-12"Pressure Plug $ 1,153.26 S 1,153.261 3 3305.0109 -172 LF Trench Safe $ 1.12 $ r192.6411 4 3305.0203 I -2 CY Imported Embedment/B ckflll, CLSM $ 97.16 $ 1194.32)1 8 3311.0531 I -172 LF 10" DIP Water $ 44.55 $ 7.662.60)1 NEW 0241.1013 I 76 LF Remove 8" Water Line 20 $ 1,520.001 UNIT 1TOTAL $ 15.376.30il UNIT Il: SANITARY SEWER I 1 3301,0002 43 LF Post -CCTV Inspection $ 1.95 $ 83.851 2 3301.0101 2 EA Manhole Vacuum TesbnF $ 174.87 $ 349.741 3 3305.1003 -20 LF 20" Casings}' Open Cu $ 63.77 $ .1.27i 5.4011 4 3305.0109 I 41 LF Tench Safety $ 1.12 $ 45.921 6 3305.0202 I 20 LF Imported Embedment(Back ill, CSS $ 87.02 $ 1.740.401 7 3305.1103 I 2 LF 20" Casinq r Other Than Open Cut $ 475.09 S 950.181 8 33314115 53 LF 8' Sewer Pipe $ 49.38 $ 2.617.141 9 3331:4119 -20 LF 8" DIP Sewer Pipe $ 95-99 S s1.919.8011 10 3331.4201 -12 1 LF 10"SewerPlpe S 44.21 $ t530.521j 12 3339.0001 I 19 I VF Epo�rYManholeLiner $ 207.80 $ 3,948.201 13 3339.1001 I 2 I EA d' Manhole $ 3,849.35 $ 7,698.701 14 3339.1003 I 18 I VF 4' Extra Depth Manhole $. 195.76 $ 3,523.681 15 9999.0001 I 2 i LF 14" DIP Sewer $ 145.00 $ 290.001 )NIT II TOTAL S 17.522.091 UNIT III: DRAINAGE 1 7 3305.0109 175 LF Trench Safety $ 1.12 $ 196.00 9 3341,0201 36 LF 21" RCP, C1as III $ 67A9 $ 2,429.64 10 3341.0207 83 LF 24" RCP, Class III S 67.81 $ 5,628.23 11 3341.0208 -34 LF 2T' RCP, Class III $ 84.21 S :2.863.14) 19 3349.0102 1 EA 4' Manhole Riser S 1,896.19 S 1.896,19 22 3349.6001 1 EA 10' Recessed Inlet $ 3,715.25 $ 3.715.25 23 3349.6001 1 EA 4' Drop Inlet $ 4,549A5 $ 4.549.45 NEW 3341,1001 126 LF 3'x2' Box Culvert $ 205.00 $ 25,830.00 NEW 3201.0616 230 SY Conc Pvmt Repad, Arterial/industrial $ 150-00 $ 36,800.00 )NIT III TOTAL $ 78,181.62 UNIT IV: PAVING 160.00 I I I ncrete Pavement $ ) 167,500.00 NEW 3213.0102 1125 SY 7" Cooncrete Pavement $ NIT IV IOTA $ 25,088.20 UNIT V: STREET LIGHTING 3 2605.3015 I -2470 LF 2" CONDT PVC SCH 80IT) $ 9.50 $ 123.465.00) 4 3441.1408 I -100 LF NO 6 INSULATED ELEC CONDR $ 1.30 $ 1130.00) 5 3441.1409 -8420 LF NO 8 INSUULLATED%ELEC CONDR $ 2.63 5 122.144.601 WIAPRON 7 3441.1645 -10 EA URNISN/INST�4LL T pE 33A ARM $ 280.00 $ (2,800.00 8 3441.3003 -10 EA RDWY ILLUM ASSMBLY TY 18,18A,19, AND D-40 $ 2,464.91 $ 124,649.101 9 3441.3302 -10 EA RDWY ILLUM FOUNDATION TY 3,5,6, AND 8 $ 1,129.98 S (11.299.801 NEW 2605.3016 145 EA 2" CONDT PVC SCH 60 (B) $ 28.00 $ 4,060.00 NEW 9999.0001 10 EA RFD322792 LUMINAIRE $ 2,000.00 $ 20,000.00 NEW I 3441.3323 10 I EA FURNISH/INSTALL ARTERIAL WOOD POLE ARM $ 1,00.00 $ 1D,000.00 NEW I 3441.3405 1550 I LF 1/0-1/0-2Triplex Alum ElecConductor(OH) $ 10.50 $ 17,325.001 /NIT V TOTAL $ (30.925.654 TOTAL $ 84,489.961 Revised:10-12-2011 Page 2 REASONS FOR CHANGE ORDER Revision 1 Revised tee location for W-i & W-4 per plan revision 1 sheets 8 & 13 of the construction plans. Revised waterline lourenng location for'DC-10 South' per plan revision 1 sheet 15 of the construction plans. Revised alignment change far SS-1 and SS-7 per plan revision 1 sheets i7-22 & 25 of the construction plans. Revision 2 Revised cul-de-sac pavement section from 6" conc pvmt w16"Ime treated subgrade to 7' conc pvmt w/rousing and compacting the exsting B" subgrade perplan revision 2 sheet 52 of the construction plans. Revision 3 Add sewer stub out SS-1A perplan revision 3 sheets 19 & 22 of the construction plans. Add storm lateral STA-20 and revised STA-19D perplan revision 3 sheets 70, 78, & 79 of the construction plans. Replaced the headwall at the end of line ST-A with a drop inlet perplan revision 3 sheet 73 of the construction plans. Revision 5 Removed DIP Section from SS-3 & replaced with CSS perplan revision 5 sheet 23 of the construction plans Revision 6 Revised waterline lowering designs perplan revision 6 sheets 14 & 15ofthe construction plans. Revision 7 Removed existing 8" waterline at one o1 the waterline lowerings per plan revision 7 sheet 14 of the construction plans. Revision 8 Shifted storm lateral A-19A perplan revision 8 sheet 77 of the construction plans. Revision 9 Added curb inlet and storm lateral STA-19D2 at Burleson Cardinal Road intersection perplan revision 9 sheet 70, 78, & 79 of the construction plans. Added a stacked manhole riser at the end of STA-19D per plan revision 9 sheets 70 & 78 of the construction plans. Revision 10 Revised fighting layout to install fixtures on wood timberpoles installed by Oncor during construction perplan revision 10 sheets 96-98 of the construction plans. 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: Pacheco Koch, A Westwood Company TCRG OpportunityXV, LLC Conatser C=t7X, LP. Olgitn ly cIp,d by Ja— ObmMllor By. ✓� By; DN: C"US. E-J... n®I,M-,. By; y CNalomn Ob"nnller Name: Preston Bartley Name: 0-:2023.08.2410:21:4wSW Name: I�►►L,! X�N� Title: Project Manager Title: Owner's Representative True: Qh+�lf Revised: 10-12-2011 Page 3 FORTWORTH v, TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: Risinger Rd South Industrial Park PROJECT NUMBER: 102560 DOE NUMBER: N/A WATER PIPE LAID SIZE TYPE OF PIPE LF 8" Water 8" C900 PVC 395.60. LF 10" Water 10" C900 PVC 16. LF 12" DIP 12" DIP 152. LF 12" Water 12" C900 PVC 3237. LF 16" Water 16" DIP 212. LF FIRE HYDRANTS: N/A VALVES (16" OR LARGER) PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: yes NEW SERVICES: SEWER PIPE LAID SIZE TYPE OF PIPE LF 8" Sewer 8" PVC Sewer 1620.34. LF 8" Sewer 8" DIP Sewer 87. LF 10" Sewer 10" PVC Sewer 1227.64. LF 15" Sewer 15" PVC Sewer 2178.23. LF 14" Sewer 14" DIP Sewer 93. LF PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: Yes NEW SERVICES: Al�m TRANSPORTATION AND PUBLIC WORKS FORTWORTH. TRANSPORTATION AND PUBLIC WORKS October 25, 2023 Conatser Construction TX, L.P. 5327 Wichita Street Fort Worth, Tx 76119 RE: Acceptance Letter Project Name: Risinger Rd. South Industrial Park Project Type: Water & Sanitary Sewer City Project No.: 102560 To Whom It May Concern: On October 5, 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 October 25, 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 October 25, 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- 392-2481. Sincerely, Debbie Willhelm, Project Manager Cc: Cristobal Fuentes, Inspector Mike Glover, Inspection Supervisor Randy Horton, Senior Inspector Andrew Goodman, Program Manager Pacheco Koch Engineering, Consultant Conatser Construction, Contractor TCRG, 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: RISINGER ROAD SOUTH INDUSTRIAL PARK WATER, SANITARY SEWER, DRAINAGE, PAVING, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 20-0027 CITY PROJECT #: 102560 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP AAOIS& f Brock Hugg Subscribed and sworn to before me this 3rd day of November, 2023. KATHERINE ROSE °��� Notary Public, state of Texas Notary Public in Tarrant County, Texas ID# 133467933 My Commission Expires November 30, 2025 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 PROJECT: (name, address)Risinger Road South Industrial Park Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0232093 TCRG OPPORTUNITY XV, LLC AND CITY OF FORT? ARCHITECT'S PROJECT NO: CFA20-0027 WORTH CONTRACT FOR: 5201 Camp Bowie Water, Sanitary Sewer, Drainage, Paving and Street Lighting improvements for Risinger Road South Industrial Park Fort Worth TX 76107 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) TCRG OPPORTUNITY XV, LLC AND CITY OF FORT WORTH 5201 Camp Bowie Fort Worth TX 76107 as set forth in the said Surety Company's bond, IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: (Seal): ,jA,vr-- 'VA.-C 2nd day of November, 2023 BERKLEY INSURANCE COMPANY Surety Company Signature of Authorized Representative Robb! Morales Title , OWNER, Attornev-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 F- Cornell; .Sophinie Hunter; Robbi Morales; Kelly A. Westbrook Turn 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 00/1.00 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, recogaizances, 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 VInNISS '�,IIBERLOF, the Company has caused these presents to. be .signed and attested by its appropriate officers aiid its corporate- seal hereunto. affixe d thi'day of�aOd-a- fittest Bcrkl Insurance Company (Seal) By BY L� Je fier Executive Vice President & Secretary S i I ce sident WARNING: T-WSTOWER:IINVAL.ID:°IL`NOT PRINTED 011T BLUE "BERKLEY"' SECURITY PAPER - STATE OF CONNECTICUT ) ) ss: COUNTY.OF:FATRFIELD ) Sworn. to before rne, a Notary Public in the State -of Connecticut, this _Lit day of. MCI . , , a0Q.;�L, by Ira S. Lederman and Jeffrey M, Hafter who are sworn to me to be the Executive Vice President Secretary, and Senior Vice- President, res ectivel ; ofRerkle fnstuance:Co a-u . f AR1pQR41Npq P } y mP Y tCOWIvCTICnc lJ coi�rtecncur Mxt%tom zoEeiRES �ttfotari Public $tate of Connecticut CERTIFICATE: I, the undersigned; Assistant Secretary of BERKLEY INSURANCE COMPANY,. DO.HEREBY-CERTIFY that.1he 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 Attornevan-L act:set forth therein, who executed .tile: bond or undertaking to which: this Power of Attorney is attached -is -An full foimand effect as of this date. �~ 2023 2nd Novembe Give-t under rny`hand .add, seal of Lite Company, this day of (Seal) 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: RISINGER ROAD SOUTH INDUSTRIAL PARK WATER, SANITARY SEWER, DRAINAGE, PAVING, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 20-0027 CITY PROJECT #: 102560 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP AAOIS& f Brock Hugg Subscribed and sworn to before me this 3rd day of November, 2023. KATHERINE ROSE °��� Notary Public, state of Texas Notary Public in Tarrant County, Texas ID# 133467933 My Commission Expires November 30, 2025 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 PROJECT: (name, address)Risinger Road South Industrial Park Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0232093 TCRG OPPORTUNITY XV, LLC AND CITY OF FORT? ARCHITECT'S PROJECT NO: CFA20-0027 WORTH CONTRACT FOR: 5201 Camp Bowie Water, Sanitary Sewer, Drainage, Paving and Street Lighting improvements for Risinger Road South Industrial Park Fort Worth TX 76107 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) TCRG OPPORTUNITY XV, LLC AND CITY OF FORT WORTH 5201 Camp Bowie Fort Worth TX 76107 as set forth in the said Surety Company's bond, IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: (Seal): ,jA,vr-- 'VA.-C 2nd day of November, 2023 BERKLEY INSURANCE COMPANY Surety Company Signature of Authorized Representative Robb! Morales Title , OWNER, Attornev-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 F- Cornell; .Sophinie Hunter; Robbi Morales; Kelly A. Westbrook Turn 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 00/1.00 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, recogaizances, 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 VInNISS '�,IIBERLOF, the Company has caused these presents to. be .signed and attested by its appropriate officers aiid its corporate- seal hereunto. affixe d thi'day of�aOd-a- fittest Bcrkl Insurance Company (Seal) By BY L� Je fier Executive Vice President & Secretary S i I ce sident WARNING: T-WSTOWER:IINVAL.ID:°IL`NOT PRINTED 011T BLUE "BERKLEY"' SECURITY PAPER - STATE OF CONNECTICUT ) ) ss: COUNTY.OF:FATRFIELD ) Sworn. to before rne, a Notary Public in the State -of Connecticut, this _Lit day of. MCI . , , a0Q.;�L, by Ira S. Lederman and Jeffrey M, Hafter who are sworn to me to be the Executive Vice President Secretary, and Senior Vice- President, res ectivel ; ofRerkle fnstuance:Co a-u . f AR1pQR41Npq P } y mP Y NOTFF TI t UT lJ coi�rtECecncur Mxt%tom zoEeiRES �ttfotari Public $tate of Connecticut CERTIFICATE: I, the undersigned; Assistant Secretary of BERKLEY INSURANCE COMPANY,. DO.HEREBY-CERTIFY that.1he 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 Attornevan-L act:set forth therein, who executed .tile: bond or undertaking to which: this Power of Attorney is attached -is -An full foimand effect as of this date. �~ 2023 2nd Novembe Give-t under rny`hand .add, seal of Lite Company, this day of (Seal) Vincent P. Forte '