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HomeMy WebLinkAboutContract 57267-FP2-FP2 FORT WORTH. NOTICE OF PROJECT COMPLETION (Developer Projects) City Secretarx57267 Contract No. Date Received 11/16/2023 AT The Transportation and Public Works Department upon the recommendation of the Project Manager has accepted the following project as complete: Project Name: Stonemont Harmon City Project No.:103404 Improvement Type(s): Water x❑ Sewer ❑ Developer Cost City Cost Total Cost Original Contract- Water $329,449.45 $0.00 $329,449.45 Original Contract - Sewer $660,934.72 $34,935.05 $695,869.77 Sub -total $990,384.17 $34,935.05 $1,025,319.22 Amount of Approved Change Orders -Water -$3,708.00 $0.00 -$3,708.00 Amount of Approved Change Orders -Sewer -$81,407.95 -$17,222.08 -$98,630.03 Revised Contract Amount- Water $325,741.45 $0.00 $325,741.45 Revised Contract Amount- Sewer $579,526.77 $17,712.97 $597,239.74 Total Cost of Work Completed $905,268.22 $17,712.97 $922,981.19 1_4`"el Nov 16, 2023 Tiffanv Mccov (Nov 16. 202309:03 EST) Contractor Date Project Manager Title Kajima Building Company Name % sty- Nov 16, 2023 Project Inspector Date aa6,. 5 U)L Nov 16, 2023 Project Manager Date n Nov 16, 2023 Rebecca Diane Owen (Nov 16.2023 10:42 CST) CFA Manager Date Lauren Prieur (Nov 16, 202311:06 CST) TPW Director Nov 16, 2023 Date Will���J 16. 202112:10 CST) Nov 16 2023 Asst. City Manager Date OFFICIAL RECORD CITY SECRETARY Page 1 of 2 FT. WORTH, TX Notice of Project Completion Project Name: Stonemont Harmon City Project No.: 103404 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: 120 WD Work Start Date: 6/21 /2022 Completed number of Soil Lab Test: 412 Completed number of Water Test: 6 Days Charged: 239 Work Complete Date: 7/25/2023 Page 2 of 2 FoRTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name STONEMOJNT HARMON Contract Limits Project Type WATER & SEWER City Project Numbers 103404 DOE Number 3404 Estimate Number 1 Payment Number 1 For Period Ending 8/14/2023 WD City Secretary Contract Number Contract Time 12WD Contract Date 1/20/2022 Days Charged to Date 239 Project Manager NA Contract is 100.00 Complete Contractor KAJIMA BUILDING & DESIGN GROUOP, INC. 3490 PIEDMONT RD. NE ATLANTA , GA 30305 Inspectors CORDOVA, R / STRANGE, T Monday, October 9, 2023 Page 1 of 5 City Project Numbers 103404 DOE Number 3404 Contract Name STONEMOJNT HARMON Estimate Number I Contract Limits Payment Number I Project Type WATER & SEWER For Period Ending 8/14/2023 Project Funding UNIT I: WATER IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 TRENCH SAFETY 1683 LF $1.00 $1,683.00 1683 $1,683.00 2 24" CASING BY OTHER THAN OPEN CUT 78 LF $525.00 $40,950.00 78 $40,950.00 3 DUCTILE IRON WATER FITTINGS 1 TN $43,311.45 $43,311.45 1 $43,311.45 W/RESTRAINT 4 6" PVC WATER PIPE 46 LF $33.00 $1,518.00 46 $1,518.00 5 8" DIP WATER, CLSM BACKFILL (CO #1) 0 LF $122.00 $0.00 0 $0.00 6 8" PVC WATER PIPE (CO #1) 109 LF $47.00 $5,123.00 109 $5,123.00 7 10" PVC WATER PIPE 8 LF $56.00 $448.00 8 $448.00 8 12" DIP WATER, CLSM BACKFILL (CO #1) 26 LF $171.00 $4,446.00 26 $4,446.00 9 12" PVC WATER PIPE (CO #1) 1494 LF $73.00 $109,062.00 1494 $109,062.00 10 FIRE HYDRANT 4 EA $4,440.00 $17,760.00 4 $17,760.00 11 CONNECTION TO EXISTING 4"-12" WATER 2 EA $13,000.00 $26,000.00 2 $26,000.00 MAIN 12 2" WATER SERVICE 4 EA $2,710.00 $10,840.00 4 $10,840.00 13 8" GATE VALVE 2 EA $1,640.00 $3,280.00 2 $3,280.00 14 10" GATE VALVE 1 EA $2,420.00 $2,420.00 1 $2,420.00 15 12" GATE VALVE 5 EA $3,400.00 $17,000.00 5 $17,000.00 16 12" CUT -IN GATE VALVE 2 EA $3,400.00 $6,800.00 2 $6,800.00 17 METER BOX AND AUTOMATIC FLUSHING 1 EA $12,600.00 $12,600.00 1 $12,600.00 DEVICE 18 CONCRETE ENCASEMENT FOR UTILITY PIPES 5 CY $300.00 $1,500.00 5 $1,500.00 (CO N#1) 19 12" WATER LINE LOWERING (CO #1) 1 EA $21,000.00 $21,000.00 1 $21,000.00 Sub -Total of Previous Unit $325,741.45 $325,741.45 UNIT II: SANITARY SEWER IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 CONC PVMT REPAIR, ARTERIAL/INDUSTRIAL 30 SY $160.38 $4,811.40 30 $4,811.40 2 POST -CCTV INSPECTION 4429 LF $1.50 $6,643.50 4429 $6,643.50 3 MANHOLE VACUUM TESTING 23 EA $150.00 $3,450.00 23 $3,450.00 4 TRENCH SAFETY 4429 LF $1.00 $4,429.00 4429 $4,429.00 5 TRENCH WATER STOPS 9 EA $1,067.58 $9,608.22 9 $9,608.22 Monday, October 9, 2023 Page 2 of 5 City Project Numbers 103404 Contract Name STONEMOJNT HARMON Contract Limits Project Type WATER & SEWER Project Funding DOE Number 3404 Estimate Number 1 Payment Number I For Period Ending 8/14/2023 6 24" CASING BY OTHER THAN OPEN CUT (CO 135 LF $525.00 $70,875.00 #1) 7 6" SEWER PIPE 22 LF $45.00 $990.00 8 8" SEWER PIPE (CO #1) 1768 LF $52.00 $91,936.00 9 8" SEWER PIPE CSS,BACKFILL (CO #1) 300 LF $55.00 $16,500.00 10 8" DIP SEWER PIPE, CSS BACKFILL (CO #1) 0 LF $175.00 $0.00 11 12" SEWER PIPE (CO #1) 1732 LF $106.00 $183,592.00 12 12" SEWER PIPE, CSS BACKFILL (CO #1) 20 LF $200.00 $4,000.00 13 12" DIP SEWER (CO #1) 40 LF $193.00 $7,720.00 14 EPDXY MANHOLE LLINER 13 VF $500.00 $6,500.00 15 WASTEWATER ACCESS CHAMBER 2 EA $1,325.00 $2,650.00 16 4' MANHOLE (CO #1) 22 EA $5,900.00 $129,800.00 17 4' EXTRA DEPTH MANHOLE 73.3 VF $130.50 $9,565.65 18 CONCRETE ENCASEMENT FOR UTILITY PIPES 3 CY $300.00 $900.00 (CO #1) 19 4' DROP MANHOLE (CO #1) 1 EA $10,559.56 $10,559.56 20 12" SEWER PVC C900 DR14 PRESSURE PIPE 643 LF $50.87 $32,709.41 135 $70,875.00 22 $990.00 1768 $91,936.00 300 $16,500.00 0 $0.00 1732 $183,592.00 20 $4,000.00 40 $7,720.00 13 $6,500.00 2 $2,650.00 22 $129,800.00 73.3 $9,565.65 3 $900.00 1 $10,559.56 643 $32,709.41 (GREEN) (CO #1) -------------------------------------- Sub-Total of Previous Unit $597,239.74 $597,239.74 -------------------------------------- Monday, October 9, 2023 Page 3 of 5 City Project Numbers 103404 Contract Name STONEMOJNT HARMON 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 3404 Estimate Number 1 Payment Number 1 For Period Ending 8/14/2023 $1,025,319.22 ($3,708.00) ($98,630.03) $922,981.19 Total Cost of Work Completed $922,981.19 Less % Retained $0.00 Net Earned $922,981.19 Earned This Period $922,981.19 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 $922,981.19 Monday, October 9, 2023 Page 4 of 5 City Project Numbers 103404 Contract Name STONEMOJNT HARMON Contract Limits Project Type WATER & SEWER Project Funding DOE Number 3404 Estimate Number 1 Payment Number I For Period Ending 8/14/2023 Project Manager NA City Secretary Contract Number Inspectors CORDOVA, R / STRANGE, T Contract Date 1/20/2022 Contractor KAJIMA BUILDING & DESIGN GROUOP, INC. Contract Time 120 WD 3490 PIEDMONT RD. NE Days Charged to Date 239 WD ATLANTA , GA 30305 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 $922,981.19 Less % Retained $0.00 Net Earned $922,981.19 Earned This Period $922,981.19 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 $922,981.19 Monday, October 9, 2023 Page 5 of 5 DEVELOPER -AWARDED -PROJECT CHANGE ORDER PROJECT NAME: Stonemont Harmon CHANGE CONTRACT: CS 57267 ORDER No: CFA # CFA21-0141 I CITY PARTICIPATION:1 Yes CITY PROJECT # 103404 1 FID # 30114-0200431-103404-EO7685 FILE # K-2843, X-26951 INSPECTOR: Travis Strang Phone No: 682-328-6310 PROJECT MANAGER: Debbie Willhelm Phone No: 817-392-2481 WATER SEWER Developer Cost City Cost Developer Cost City Cost ORIGINAL CONTRACT $329,449.45 $0.00 $660,934.72 $34,935.05 EXTRAS TO DATE $0.00 $0.00 $0.00 $0.00 CREDITS TO DATE $0.00 $0.00 $0.00 $0.00 CONTRACT TO DATE $329,449.45 $0.00 $660,934.72 $34,935.05 AMOUNT OF PROP. CHANGE ORDER ($3,708.00) $0.00 ($81,407.95) ($17,222.08) REVISED CONTRACT AMOUNT $325,741.45 $0.00 $579,526.77 $17,712.97 TOTAL REVISED CONTRACT AMOUNT PER UNIT $325,741.45 $597,239.74 REVISED COST SHARE Dev. Cost: $1,108,058.70 TOTAL REVISED CONTRACT CSC No. 57267-CO1 CONTRACT UNIT PAVING DRAINAGE STREET LIGHTS & SIGNS CONTRACT Developer Developer DAYS Developer Cost City Cost Cost City Cost Cost City Cost $175,550.96 $0.00 $0.00 $0.00 $0.00 $0.00 120 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $175,550.96 $0.00 $0.00 $0.00 $0.00 $0.00 120 $27,239.52 $0.00 $0.00 $0.00 $0.00 $0.00 0 $202,790.48 $0.00 $0.00 $0.00 $0.00 $0.00 120 $202,790.48 $0.00 $0.00 City Cost: $17,712.97 $1,125,771.67 Revised: 10-12-2011 Page 1 You are directed to make the following changes in the%ontract documents: CITY BID ITEM PAY ITEM # # QUANTITY UNIT UNIT I - WATER 5 3311.0254 (28) LF 6 3311.0261 28 LF 8 3311.0457 (246) LF 9 3311.0461 246 LF NEW 18* 3305.0116 5 CY NEW 19* 3305.0005 1 EA You are directed to make the following changes in the contract documents: CITY BID ITEM PAY ITEM # # QUANTITY UNIT UNIT II - SEWER 6 3305.1104 (84) LF 8 3331.4115 96 LF 9 3331.4116 96 LF 10 3331.4120 (96) LF 11 3331.4208 (434) LF 12 3331.4209 10 LF 13 3331.4212 (219) LF 16 3339.1001 (1) EA NEW 18* 3305.0116 3 CY NEW 19* 3339.1002 1 EA NEW 20* 643 LF You are directed to make the following changes in the%ontract documents: CITY BID ITEM PAY ITEM # # QUANTITY UNIT UNIT III - PAVING SF 8 3213.0301 8 I 1219 SY Asterisk (*) indicates New Pay Item ITEM DESCRIPTION UNIT PRICE Developer Cost City Cost 8" DIP Water, CLSM Backfill $122.00 ($3,416.00) $0.00 8" PVC Water Pipe $47.00 $1,316.00 $0.00 12" DIP Water, CLSM Backfill $171.00 ($42,066.00) $0.00 12" PVC Water Pipe $73.00 $17,958.00 $0.00 Concrete Encasement for Utility Pipes $300.00 $1,500.00 $0.00 12" Water Line Lowering $21,000.00 $21,000.00 $0.00 Subtotal Unit I - Water Improvements ($3,708.00) $0.00 ITEM DESCRIPTION 24" Casing By Other Than Open Cut 8" Sewer Pipe 8" Sewer Pipe, CSS Backfill 8" DIP Sewer Pipe, CSS Backfill 12" Sewer Pipe 12" Sewer Pipe, CSS Backfill 12" DIP Sewer 4' Manhole Concrete Encasement for Utility Pipes 4' Drop Manhole 12" Sewer PVC C900 DR14 Pressure Pipe (Green) Subtotal Unit II -Sanitary Sewer Improvements UNIT PRICE Developer Cost City Cost $525.00 ($40,451.04) ($3,648.96) $52.00 $4,992.00 $0.00 $55.00 $5,280.00 $0.00 $175.00 ($16,800.00) $0.00 $106.00 ($44,233.28) ($1,770.72) $200.00 $1,823.10 $176.90 $193.00 ($30,287.70) ($11,979.30) $5,900.00 ($5,900.00) $0.00 $300.00 $900.00 $0.00 $10,559.56 $10,559.56 $0.00 $50.87 $32,709.41 $0.00 ($81,407.95) ($17,222.08) ITEM DESCRIPTION UNIT PRICE Developer Cost City Cost Remove Concrete Drive $5.50 $5,989.50 $0.00 9" Conc Pvmt $175.62 $21,250.02 $0.00 Subtotal Unit III - Paving Improvements $27,239.52 $0.00 GRAND TOTAL 1($57,876.43) 1 ($17,222.08) 1 REASONS FOR CHANGE ORDER Due to the extreme shortages of ductile iron pipe, water and sewer mains were installed with PVC per alternative TCEQ and CFW criteria. Additional SSMH required to avoid TxDOT permit. Lowering of existing waterline required due to conflict with proposed sewer. Changes correspond to Plan Revisions 1-5 as shown on sheets C-1.01, C-1.02, C-1.07, C-1.08, C-1.09, C-1.10 and C-2.04 of the construction plans There are city funds involved in this contract. The Water Department is responsible for ($17,222.08) of this change order cost. Reimbursement from the city will be sought by the developer. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Revised: 10-12-2011 Page 2 RECOMMENDED: Kimley-Horn and Associates, Inc. gs'aidoh ItUdGetoh Brandon Middleton (May 25, 202315:51 CDT) By: Name: Brandon Middleton, PE Title: Project Engineer APPROVAL RECOMMENDED CFW - Water Department By: � Pr Name: Taylor Gunderman, PE Title: Engineering Manager RECOMMENDED: CFW - *Contract Compliance Manager Da66.a. d. u/� i6w By: a Name: Debbie J. Willhelm, PE Title: Senior Professional Engineer M&C Number: N/A M&C Date Approved: N/A APPROVED: APPROVED: Stonemont Financial Group Kajima Building and Design Group, Inc. 901sk whle , Zachary Smi-th BY: Josh Wheeler (May 30, 202310:19 CDT) BY: Zachary Smith Jun 6,202323:13 EDT) Name: Josh Wheeler Name: Zachary Smith Title: Senior Vice President Title: Project Manager APPROVED: APPROVED AS TO FORM AND LEGALITY: CFW - AssistantCity Manager CFW - Assistant City Attorney By; oanaeurgndof (�dfizs,z�i3fl3acor) By; Pmc,`�� zr,xoxzxsaxcor; Name: Dana Burqhdoff Name: Richard McCracken Title: Assistant City Manager Title: Senior Assistant City Attorney ATTEST * Contract Compliance Manager (Project Manager): By signing I acknowledge that I am the person responsible a for the monitoring and administration of this contract, include ensuring all performance and reporting requirements. Jannette S. Goodall ❑ There are NO City Funds associated with this Contract City Secretary 2 There are City Funds associated with this Contract Revised: 10-12-2011 Page 3 PROJECT NAME: PROJECT NUMBER: DOE NUMBER: PIPE LAID C900 awwa dr-14 C900 awwa dr-14 C900 awwa dr-14 C900 awwa dr-14 FIRE HYDRANTS: 4 PIPE ABANDONED NONE DENSITIES: NEW SERVICES: PIPE LAID SDR-26 SDR-26 SDR-26 PIPE ABANDONED na DENSITIES: NEW SERVICES: FORTWORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: Stonemont Harmon 103404 WATER SIZE TYPE OF PIPE 811 PVC 10" PVC 12" PVC 6" PVC LF 109 8 1494 46LF VALVES (16" OR LARGER) None SIZE TYPE OF PIPE LF 0 Yes 4 SEWER SIZE TYPE OF PIPE LF 6" PVC 22 8" PVC 1732 12" PVC 2166 SIZE TYPE OF PIPE LF yes Pa TRANSPORTATION AND PUBLIC WORKS FORTWORTH. TRANSPORTATION AND PUBLIC WORKS August 30, 2016 Kajima Building & Design Group, Inc 3490 Piemont Rd NE suite 900 Atlanta GA 30305 RE: Acceptance Letter Project Name: Stonemont Harmon Project Type: Water, Sewer and Paving City Project No.: 103404 To Whom It May Concern: On August 30, 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 September 28, 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 September 28, 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- 392-7872. Sincerely, ZJe66ie � uJ�lr� Debbie Willhelm, Project Manager Cc: Travis Strang, Inspector Don Watson, Inspection Supervisor Aaron Ybarra , Senior Inspector Victor Tornero, Program Manager Kimberly Horn, Consultant Kajima Building and Design Group, Contractor SFG FW Harmon, LLC, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev. 8/20/19 AFFIDAVIT STATE OF OcOT I C1 COUNTY OF �WfU� Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared David Ledford, SVP of Kajima Building and Design Group, Inc., 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; Agreement, CFA Number 21-0141 between Developer and City of Fort Worth BY Name or Title Subscribed and sworn before me on this date Day of Month, Year. 4Cotaryli µ`/r�mmiSs�o� CGr�s County, State c1G DEVELOPMENT BOND GUARANTEEING PERFORMANCE AND PAYMENT OF IMPROVEMENTS Bond No. I LICX1211604 1 KNOW ALL MEN BY THESE PRESENTS, that we, I SFG FW Harmon, LLC 3280 Peachtree Rd NE, S 2770 �( Atlanta, GA 30305 Z as Principal, andl ( Lexon Insurance Company )�a corporation organized and existing under the laws of the State of I Texas � and fully authorized to transact business in the State of Texas, as surety, are held and firmly bound unto CITY OF FORT WORTH, TEXAS, 200 Texas Street, Fort Worth, Texas, 76102, as Obligee, in the penal sum oif ($ 1,200,870.18 ) awful 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, k SFG FW Harmon, LLC � has agreed to construct in k warehouse 1�, in the CITY OF FORT WORTH, TEXAS the following improvements: k Harmon Road warehouse WHEREAS, in the event of bankruptcy, default or other nonperformance by 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 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 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 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 Lexon Insurance Company ]mail code•1 11 (Surety Address 12890 Lebanon Rd, Mt Juliet, TN 37122-2870 Attn: I Surety Claims �or by facsimile to (surety:1 LexonClaimAdministration@sompo-intl.com Fax Numbed (615) 553-9502 1confrimed by a phone call at� (615) 553-9500 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 4th DEVELOPER'S NAME SFG FW Harmon, LLC �rincipal By: day of March , 2022 SURETY COMPANY'S NAME Lexon Insurance Company lsurety By: Leigh Mc arthy I rney-in-Fact Wp� 000'�'NTR '4 SEAL* tTe of sue+ SOMPO INTERNATIONAL 11078 �INSILIFIANCEPOWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company' and collectively, "Sompo International," do hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Barbara Duncan, Sandra L. Fusinetti, Mark A. Guidry, Jill Kemp, Lynnette Long, Amy Bowers, Deborah Neichter, Theresa Pickerrell, Sheryon Quinn, Beth Frymire, Leigh McCarthy, Michael Dix, Susan Ritter, Ryan Britt as true and lawful Attorney(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars ($100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15th day of June, 2019, a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 151h day of June, 2019 and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future With respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15th day of June, 2019. Endurance Assurance Corporation Richard Appel; !�)IA,&,§,,enior bounsel "'5 PoR`,uranc C, o RT SEAL ;-a, 2002 u DELAWARE .'�D Endurance American / Insurance Corn parry, +' By L Richard AppeI;,SVP„S.,Aemor Counsel car, In's 0o gTrd7's SEAgL ,7%, DELAWARE,, -,��7 •---- -boa,,: ,, 1..... ,,"'',, ACKNOWLEDGEMENT Lexon Insurance Company By. 7� Richard Appel; Sj(R,4_Senidi Counsl Bond Safeguard Insurance, Company / Richard Appelt„$VP k§emordounse �3iNStj 0UTH�?�nls rn DAKOTA ; O INSURANCE ' a 2�, COMPANY On this 151h day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that he/tl�ay'I "�'tytf of jcer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his office under th by- ws of each Company", 0"..... STI.IE - a - TEnNESSFE - By; - aTury Amy aylor,JNotublic My Commission Expires 5/.K3;' CERTIFICATE 04 I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof, 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS, CHRISTOPHER L. SPARRO, MARIANNE L. WILBERT ; and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of t e resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this � day of f Yi X 20Z?,. By: Danle S. ne,a retary NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC). No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons'. This list can be located on the United States Treasury's website — httos://www.treasurv.aov/resource-center/sanctions/SDN-List. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonClaimAdministration(a.somr)o-intl.com Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870