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HomeMy WebLinkAboutContract 58394-FP2FORT WORTHa -FP2 City Secretary Contract No. 58394 Date Received 1/11/2024 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: Ranch at Duck Creek, Phase 2 City Project No.:103754 Improvement Type(s): Water x❑ Sewer x❑ Original Contract Price: Water Original Contract Price: Sewer Total Original Contract Price Amount of Approved Change Order(s): Water Amount of Approved Change Order(s): Sewer Revised Contract Amount: Total Cost of Work Complete: Jac6b Gatewood (Jan 8.202406:33 CST) Contractor Manager Title Conatser Construction, TX LP Company Name Chanl- Kechichian Chant Kechichian (Jan 8, 2024 07:58 CST) Project Inspector 5on4 AdlYkft,?E Sandip Adhikari (Jan 10, 202414:45 CST) Project Manager n "hecca Diane —n (Jan 11. 2024 08:39 CST) CFA Manager Lauren Prieur (Jan 11, 202409:19 CST) TPW Director Developer Cost City Cost Total Cost $797,916.41 $30,169.59 $828,086.00 $806,775.00 $0.00 $806,775.00 $1,604,691.41 $30,169.59 $1,634,861.00 $5,500.00 $0.00 $5,500.00 $0.00 $0.00 $0.00 $1,610,191.41 $30,169.59 $1,640,361.00 $1,610,191.41 $30,169.59 $1,640,361.00 Jan 8, 2024 Date Jan 8, 2024 Date Jan 10, 2024 Date Jan 11, 2024 Date Jan 11, 2024 Date OFFICIAL RECORD CITY SECRETARY Page 1 of 2 FT. WORTH, TX ��w....on � 1 , Vlilliim Jn_.�I.JO..-J1 10'.10 C511 Asst. City Manager Jan 11, 2024 Date Notice of Project Completion Project Name: Ranch at Duck Creek, Phase 2 City Project No.: 103754 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: 240 WD Work Start Date: 1/25/2023 Completed number of Soil Lab Test: 789 Completed number of Water Test: 16 Days Charged: 209 Work Complete Date: 12/12/2023 Page 2of2 FoRTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name RANCH AT DUCK CREEK PHASE 2 Contract Limits Project Type WATER & SEWER IMRPOVEMENTS City Project Numbers 103754 DOE Number 3754 Estimate Number 1 Payment Number 1 City Secretary Contract Number Contract Date For Period Ending 12/12/2023 WD Project Manager NA Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 Inspectors W. MILLER / C. KECHICAIN Contract Time 240WD Days Charged to Date 209 Contract is 100.00 Complete Wednesday, December 20, 2023 Page 1 of 4 City Project Numbers 103754 DOE Number 3754 Contract Name RANCH AT DUCK CREEK PHASE 2 Estimate Number I Contract Limits Payment Number 1 Project Type WATER & SEWER IMRPOVEMENTS For Period Ending 12/12/2023 Project Funding UNIT I: WATER IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 4"-12" PRESSURE PLUG 2 EA $1,000.00 $2,000.00 2 $2,000.00 2 TRENCH SAFETY 8684 LF $1.00 $8,684.00 8684 $8,684.00 3 DUCTILE IRON WATER FITTING W/RESTRAINT 1.9 TN $6,500.00 $12,350.00 1.9 $12,350.00 4 8" PVC WATER PIPE 7769 LF $48.00 $372,912.00 7769 $372,912.00 5 8" PVC WATER PIPE, CSS BACKFILL 300 LF $58.00 $17,400.00 300 $17,400.00 6 16" WATER PIPE 595 LF $156.00 $92,820.00 595 $92,820.00 7 16 WATER PIPE, CSS BACKFILL 20 LF $176.00 $3,520.00 20 $3,520.00 8 STD. FIRE HYDRANT ASSEMBLY W/6" GATE 7 EA $4,800.00 $33,600.00 7 $33,600.00 VALVE&VALVE BOX 9 CONNECTION TO EXISITING 16"W.L. 1 EA $2,500.00 $2,500.00 1 $2,500.00 10 1" DOMESTIC WATER SERVICE 194 EA $1,100.00 $213,400.00 194 $213,400.00 11 8" GATE VALVE & VALVE BOX 32 EA $1,450.00 $46,400.00 32 $46,400.00 12 16" GATE VALVE W/VAULT 1 EA $22,500.00 $22,500.00 1 $22,500.00 13 1" IRRIGATION SERVICE (CO #2) 5 EA $1,100.00 $5,500.00 5 $5,500.00 Sub -Total of Previous Unit $833,586.00 $833,586.00 ------------- UNIT 11: SEWER IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 13 POST- CCTV INSPECTION 7475 LF $4.00 $29,900.00 7475 $29,900.00 14 VACUUM TEST MANHOLES 36 EA $150.00 $5,400.00 36 $5,400.00 15 TRENCH SAFTEY 7475 LF $2.00 $14,950.00 7475 $14,950.00 16 TRENCH WATER STOPS 19 EA $500.00 $9,500.00 19 $9,500.00 17 SDR-264"SEWER SERVICE 194 EA $850.00 $164,900.00 194 $164,900.00 18 8" SDR-26 PVC SEWER PIPE 6758 LF $52.00 $351,416.00 6758 $351,416.00 19 8" PVC SANITARY SEWER PIPE W/CSS 547 LF $62.00 $33,914.00 547 $33,914.00 BACKFILL 20 12" SEWER PIPE 170 LF $82.00 $13,940.00 170 $13,940.00 21 4' STD DIA MANHOLE 36 EA $4,500.00 $162,000.00 36 $162,000.00 22 4' EXTRA DEPTH MANHOLE 97 VF $215.00 $20,855.00 97 $20,855.00 Sub -Total of Previous Unit $806,775.00 $806,775.00 Wednesday, December 20, 2023 Page 2 of 4 City Project Numbers 103754 Contract Name RANCH AT DUCK CREEK PHASE 2 Contract Limits Project Type WATER & SEWER IMRPOVEMENTS Project Funding Contract Information Summary Original Contract Amount Chanhe Orders Change Order Number 2 DOE Number 3754 Estimate Number 1 Payment Number 1 For Period Ending 12/12/2023 $1,634,861.00 $5,500.00 Total Contract Price $1,640,361.00 Total Cost of Work Completed $1,640,361.00 Less % Retained $0.00 Net Earned $1,640,361.00 Earned This Period $1,640,361.00 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 $1,640,361.00 Wednesday, December 20, 2023 Page 3 of 4 City Project Numbers 103754 Contract Name RANCH AT DUCK CREEK PHASE 2 Contract Limits Project Type WATER & SEWER IMRPOVEMENTS Project Funding Project Manager NA Inspectors W. MILLER / C. KECHICAIN Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 DOE Number 3754 Estimate Number 1 Payment Number 1 For Period Ending 12/12/2023 City Secretary Contract Number Contract Date Contract Time 240 WD Days Charged to Date 209 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 $1,640,361.00 Less % Retained $0.00 Net Earned $1,640,361.00 Earned This Period $1,640,361.00 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 $1,640,361.00 Wednesday, December 20, 2023 Page 4 of 4 DEVELOPER -AWARDED -PROJECT CHANGE ORDER CSC No. 58394-0O2 IPROJECT NAME: Ranch at Duck Creek - Phase 2 CHANGE (CONTRACT: (A) Water/Sewer/Storm Drain, (B) Paving, (C) Street Lights ORDER No: ICFA# 22-0109 I CITY PARTICIPATION:( YES ICITY PROJECT # 103754 ICITY SECRETARY CONTRACT # 58394 2 IFID # 30114-0200431-103754-EO7685 F I LE # W -2808, X-27125 INSPECTOR: Chant Kechichian Phone No: 956-466-9480 PROJECT MANAGER: Sandip Adhikari Phone No: 817-392-8424 CONTRACT UNIT WATER SEWER DRAINAGE PAVING STREET LIGHTS CONTRACT Developer Developer Developer DAYS Cost City Cost Cost City Cost Developer Cost City Cost Developer Cost City Cost Cost City Cost ORIGINAL CONTRACT $797,916.41 $30,169.59 $806,775.00 $0.00 $1,539,433.00 $0.00 $1,495,556.00 $237,837.60 240 (EXTRAS TO DATE $0.00 $0.00 $0.00 $21,880.00 $0.00 $0.00 ICREDITS TO DATE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ICONTRACT TODATE $797,916.41 $30,169.59 $806,775.00 $0.00 $1,561,313.00 $0.00 $1,495,556.00 $0.00 $237,837.60 $0.00 240 (AMOUNT OF PROP. CHANGE ORDER $5,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 IREVISED CONTRACT AMOUNT $803,416.41 $30,169.59 $806,775.00 $0.00 $1,561,313.00 $0.00 $1,495,556.00 $0.00 $237,837.60 $0.00 240 TOTAL REVISED CONTRACT AMOUNT PER UNIT $833,586.00 $806,775.00 $1,561,313.00 $1,495,556.00 $237,837.60 REVISED COST SHARE Dev. Cost: $4,904,898.01 City Cost: $30,169.59 TOTAL REVISED CONTRACT $4,935,067.60 You are directed to make the following changes in the contract documents: CITY PAY ITEM CITY BID ITEM # # QUANTITY UNIT ITEM DESCRIPTION UNIT PRICE TOTAL 13' 3312.2003 5 EA 1" Irrigation Service $1,100.00 $5,500.00 Subtotal $5,500.00 Asterisk (*) indicates New Pay Item REASONS FOR CHANGE ORDER Added (5) 1"Irrigation Services. This change order does not impact City Cost Participation. Revised: 12-17-2018 Page 1 RECOMMENDED: APPROVED: APPROVED: APPROVED: Matt Eaacke 4!�g`� ,ads sa-� By: .k,iT,1l T„CDT) , By: By:�d3nl3�r (lay4,20231613CDT By: t Matt Baacke, P.E. Cody Bailey Adam Burns Richard Wolfe Name: Gmcivil Name: Starliqht Homes Texas, LLC Name: Conatser Construction TX, LP Name: Independent Utility Construction, Inc Title: Civil Enqineer Title: Land Development Manager Title: Project Support Mgr. Title: President APPROVAL RECOMMENDED: �CJ,FW - Water Department, DS WS Y B : p.To�p2�m Name: Taylor Gunderman Title: Engineering Manager RECOMMENDED: CFW- *Contract Compliance Manager Sc�n✓li� AdhiKa✓{, PC.. By: S 4a,/ 4pkk .P.C. May5,20230815CDT, Name: Sandip Adhikari Title: Sr. Professional Engineer M&C Number: N/A M&C Date Approved: N/A APPROVED: CFW - Assistant City Manager baha Erg Gc�l� D# By: Dana 6urghd.ff( M r 23, 202 1 17 CDT) Name: Dana Burghdoff Title: Assistant City Manaaer APPROVED AS TO FORM AND LEGALITY: CFW - Assistant City Attorney By: iiidix,d iacken .N1, 22, 20231429 CDI Name: Richard McCracken Title: Senior Assistant City Attorney ATTEST * Contract Compliance Manager (Project Manager): By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, include ensuring all performance and reporting requirements. Jannette S. Goodall City Secretary ❑ There are NO City Funds associated with this Contract M There are City Funds associated with this Contract Revised: 12-17-2018 Page 2 FORTWORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: Ranch at Duck Creek Phase 2 CITY PROJECT NUMBER: 103754 WATER PIPE LAID SIZE TYPE OF PIPE 8" PVC 16" PVC FIRE HYDRANTS: 7 PIPE ABANDONED DENSITIES: NEW SERVICES: I PIPE LAID PIPE ABANDONED VALVES (16" OR LARGER) SIZE TYPE OF PIPE 1"(194) Domestic Copper 1"(5) Irrigation Copper SEWER SIZE TYPE OF PIPE 8" SDR26 12" SDR26 SIZE TYPE OF PIPE DENSITIES: NEW SERVICES: 4"(194) SDR26 TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth • 1000 Throckmorton Street • Fort Worth, TX 76012-6311 (817) 392 - 7941 • Fax: (817) 392 - 7845 LF 8069 615 1 LF LF 7305 170 LF FORTWORTH. TRANSPORTATION AND PUBLIC WORKS December 12, 2023 Conatser Construction TX, L.P. 5327 Wichita Street Fort Worth, TX, 76119 RE: Acceptance Letter Project Name: Ranch at Duck Creek, Phase 2 Project Type: 01,02,03&04 City Project No.: 103754 To Whom It May Concern: On November 21, 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 December 12, 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 December 12, 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- 392-8424. Sincerely, c,,jy Adljwd,? E Sandip Adhikari (Jan 10, 202414:45 CST) Sandip Adhikari, Project Manager Cc: Chant Kechichian, Inspector Emmanuel Nieto, Inspection Supervisor Ariel Duarte, Senior Inspector Andrew Goodman, Program Manager Goodwin & Marshall Inc, Consultant Conatser Construction, Contractor Starlight Homes, 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: RANCH AT DUCK CREEK PH. 2 WATER, SANITARY SEWER, DRAINAGE, PAVING, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 22-0109 CITY PROJECT #: 103754 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP Brock Huggi s Subscribed and sworn to before me this 8TH day of December, 2023. Nut : Pu 79 of Tdx08 Notary Public in Tarrant County, Texas 1 13 �" t p# 133467533 + + My Commission Exoires Nora;aGet 30, 2025 ft N CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 PROJECT: (name, address)Ranch at Duck Creek Phase 2 Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER STARLIGHT HOMES TEXAS, LLC AND CITY OF FT WORTH 1800 Valley View Lane, #100 Farmers Branch TX 75234 CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. Bond No 0247478 ARCHITECT'S PROJECT NO: CFA No. 22-0109 CONTRACT FOR: Ranch at Duck Creek Phase 2 - Utilities and Paving CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) STARLIGHT HOMES TEXAS, LLC AND CITY OF FT. WORTH 1800 Valley View Lane, #100 Farmers Branch TX 75234 , 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): j� 7th day of December, 2023 BERKLEY INSURANCE COMPANY Surety Company Signature of Authorized Representative Robbi Morales Title Attorney -in -Fact NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE No. BI-7280k POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning, found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and.existing under the laws of the "State of Delaware, having its _principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don. E ConteU; .Sophinie Hunter; Robbi Morales; Kelly A. Westbrook; Titus 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 00/100 U.S. Dollars (U.S.S50,000,000.00), to the. same extent as if such bonds had been duly executed and .acknowledged by the regularly elected officers .of the Company at its principal office in their own proper persons.. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January.25, 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, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation .of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may .continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS 'WBEREOP, the Company has caused these presents to, be .sided and' attested by its appropriate officers -aiid its corporatz, seal hereunto affiXede4man day of _Mo, Attest: Berk] Insurance Company (Seal) By.lra'gJe rtcr Executive Vice President & Secretary So i ice: sident WARNING: TIUS:POWER MALYD'117-1NOT PRINTED ON MUE "?dERi£LEY" SECURITY PAPER, STATE OF CONNEC ICUT ) ) ss: COUNTY OFFAIRFIELD ) Sworn to before.aie, a Notary Public in the State -of Connecticut, this , 1tday of. Mn� ( , aDA-a-, `by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to:be the. Executive Vice President Secretary.,. and Senior Vice President respectively, ofBoddeyinsurance:Company. t{ N�T�y 'nR 10 CONNECTICUT /� J/ MYC041KSS?ON EMPIRES A�� xox4 otan Public, State of Connecticut CERTJFICATX 1, the undersigned Assistant. Secretary -of BERKLEY INSURANCE. COMPANY Di) HEREBY CERTfFY that the foregoing is a hue, correct and complete copy of the odgirial Power of Attorney; that said.Power of Attorney has xioi been revoked or rescinded and that the authority of the Attorney in-Fact;set fortis therein, %vho executed .the: boas or undertaking to which: this Power of Attorney is attached; -is: m full force.and effect as of this date. G i.ven under my'h-and.and seal of the Company, this n t h day of D e e em�7. ,2 023 (Seal) VincentP. 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: RANCH AT DUCK CREEK PH. 2 WATER, SANITARY SEWER, DRAINAGE, PAVING, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 22-0109 CITY PROJECT #: 103754 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP Brock Huggi s Subscribed and sworn to before me this 8TH day of December, 2023. Nut : Pu 79 of Tdx08 Notary Public in Tarrant County, Texas 1 13 �" t p# 133467533 + + My Commission Exoires Nora;aGet 30, 2025 ft N CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 PROJECT: (name, address)Ranch at Duck Creek Phase 2 Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER STARLIGHT HOMES TEXAS, LLC AND CITY OF FT WORTH 1800 Valley View Lane, #100 Farmers Branch TX 75234 CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. Bond No 0247478 ARCHITECT'S PROJECT NO: CFA No. 22-0109 CONTRACT FOR: Ranch at Duck Creek Phase 2 - Utilities and Paving CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) STARLIGHT HOMES TEXAS, LLC AND CITY OF FT. WORTH 1800 Valley View Lane, #100 Farmers Branch TX 75234 , 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): j� 7th day of December, 2023 BERKLEY INSURANCE COMPANY Surety Company Signature of Authorized Representative Robbi Morales Title Attorney -in -Fact NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE No. BI-7280k POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning, found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and.existing under the laws of the "State of Delaware, having its _principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don. E ConteU; .Sophinie Hunter; Robbi Morales; Kelly A. Westbrook; Titus 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 00/100 U.S. Dollars (U.S.S50,000,000.00), to the. same extent as if such bonds had been duly executed and .acknowledged by the regularly elected officers .of the Company at its principal office in their own proper persons.. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January.25, 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, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation .of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may .continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS 'WBEREOP, the Company has caused these presents to, be .sided and' attested by its appropriate officers -aiid its corporatz, seal hereunto affiXede4man day of _Mo, Attest: Berk] Insurance Company (Seal) By.lra'gJe rtcr Executive Vice President & Secretary So i ice: sident WARNING: TIUS:POWER MALYD'117-1NOT PRINTED ON MUE "?dERi£LEY" SECURITY PAPER, STATE OF CONNEC ICUT ) ) ss: COUNTY OFFAIRFIELD ) Sworn to before.aie, a Notary Public in the State -of Connecticut, this , 1tday of. Mn� ( , aDA-a-, `by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to:be the. Executive Vice President Secretary.,. and Senior Vice President respectively, ofBoddeyinsurance:Company. t{ N�T�y 'nR 10 CONNECTICUT /� J/ MYC041KSS?ON EMPIRES A�� xox4 otan Public, State of Connecticut CERTJFICATX 1, the undersigned Assistant. Secretary -of BERKLEY INSURANCE. COMPANY Di) HEREBY CERTfFY that the foregoing is a hue, correct and complete copy of the odgirial Power of Attorney; that said.Power of Attorney has xioi been revoked or rescinded and that the authority of the Attorney in-Fact;set fortis therein, %vho executed .the: boas or undertaking to which: this Power of Attorney is attached; -is: m full force.and effect as of this date. G i.ven under my'h-and.and seal of the Company, this n t h day of D e e em�7. ,2 023 (Seal) VincentP. forte