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HomeMy WebLinkAboutContract 58219-FP1FORT WORTHa -FP1 City Secretary Contract No. 58219 Date Received 08/12/2024 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: Blazing Trail Development City Project No.: 103374 Improvement Type(s): x❑ Paving ❑x Drainage (Original Contract Price: (Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete: Dominic De La Gcrrzd Dominic De La Garza (Aug S. 2024 07:25 CDT) Contractor Senior Project Manager Title Catamount Constructors, Inc. Company Name lowellAk- Igna Andrade(Aug 8, 202408:41 CDT) Project Inspector '?awt 71-wal-i Ram Tiwari (Aue 8.202411:24 CDT) Project Manager Rebecca Owen (Aug 12. 202408:34 CDT) CFA Manager X Lauren Prieur (Aug 12, 202408:35 CDT) TPW Director Asst. City Manager x❑ Street Lights ❑ Traffic Signals Aug 8, 2024 Date Aug 8, 2024 Date Aug 8, 2024 Date $3, 657, 523.71 $9, 580.91 $3, 667,104.62 $3, 667,104.62 Aug 12, 2024 Date Aug 12, 2024 Date Aug 13, 2024 Date OFFICIAL RECORD CITY SECRETARY Page 1 of 2 FT. WORTH, TX Notice of Project Completion Project Name: Blazing Trail Development City Project No.: 103374 City's Attachments Final Pay Estimate ❑x Change Order(s): ❑x Yes ❑ N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety" Statement of Contract Time Contract Time: 170 WD Days Charged: 188 Work Start Date: 3/8/2023 Work Complete Date: 1/9/2024 Completed number of Soil Lab Test: 594 Completed number of Water Test: 16 Page 2of2 FoRTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name BLAZING TRAIL DEVELOPMENT Contract Limits Project Type DRAINAGE PAVING & STREETLIGHT IMPROVEM City Project Numbers 103374 DOE Number 3374 Estimate Number I Payment Number 1 For Period Ending City Secretary Contract Number Contract Date Project Manager NA Contractor CATAMOUNT CONSTRUCTORS, INC. 4630 NORTH LOOP 1604 WEST, SUITE 130 SANANTONIO, TX 78249 Inspectors M. GLOVER / LANDRADE Contract Time Days Charged to Date Contract is 100.00 1/9/2024 WD 17WD 188 Complete Thursday, March 28, 2024 Page 1 of 5 City Project Numbers 103374 DOE Number 3374 Contract Name BLAZING TRAIL DEVELOPMENT Estimate Number I Contract Limits Payment Number 1 Project Type DRAINAGE PAVING & STREETLIGHT IMPROVEMENTS For Period Ending 1/9/2024 Project Funding UNIT III: DRAINAGE IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 TRENCH SAFETY 499 LF $74.23 $37,040.77 499 $37,040.77 2 4' MANHOLE RISER 1 EA $6,421.40 $6,421.40 1 $6,421.40 3 2 1 " RCP, CLASS IV 52 LF $114.17 $5,936.84 52 $5,936.84 4 24" RCP, CLASS III 102 LF $125.86 $12,837.72 102 $12,837.72 5 2x2 BOX CULVERT 38 LF $246.16 $9,354.08 38 $9,354.08 6 4x2 BOX CULVERT 75 LF $305.19 $22,889.25 75 $22,889.25 7 6x3 BOX CULVERT 100 LF $558.09 $55,809.00 100 $55,809.00 8 8x3 BOX CULVERT 132 LF $658.28 $86,892.96 132 $86,892.96 9 HEADWALL, BOX CULVERT 50 CY $1,136.65 $56,832.50 50 $56,832.50 10 24" FLARED HEADWALL, 1 PIPE 1 EA $3,429.51 $3,429.51 1 $3,429.51 11 DOUBLE SET, TYPE I FOR BOX CULVERTS 20 CY $2,116.07 $42,321.40 20 $42,321.40 12 10' CURB INLET 2 EA $8,597.71 $17,195.42 2 $17,195.42 13 20' CURB INLET 2 EA $14,435.34 $28,870.68 2 $28,870.68 14 SWPPP> 1 ACRE 1 LS $54,863.19 $54,863.19 1 $54,863.19 Sub -Total of Previous Unit $440,694.72 $440,694.72 - - - - - - - - - - - - - - - - - - - UNIT IV: PAVNG IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 MOBILIZATION 1 LS $92,444.74 $92,444.74 1 $92,444.74 2 CONSTRUCTION STAKING I LS $15,169.17 $15,169.17 1 $15,169.17 3 REMOVE CONC PVMT 100 SY $15.73 $1,573.00 100 $1,573.00 4 UNCLASSIFIED EXCAVATION BY PLAN 30000 CY $5.85 $175,500.00 30000 $175,500.00 5 CONCRETE RIPRAP 1115 SY $137.22 $153,000.30 1115 $153,000.30 6 HYDRATED LIME 197 TN $228.41 $44,996.77 197 $44,996.77 7 8" LIME TREATMENT 9815 SY $2.27 $22,280.05 9815 $22,280.05 8 9" CONC PVMT 9435 SY $125.27 181,922.45 9435 1,181,922.45 9 4" CONC SIDEWALK, ADJACENT TO CURB 43625 SF $9.00 $392,625.00 43625 $392,625.00 10 BARRIER FREE RAMP, TYPE P-1 6 EA $1,405.90 $8,435.40 6 $8,435.40 11 6" CONC CURB & GUTTER 4550 LF $13.50 $61,425.00 4550 $61,425.00 12 4" BRK PVMT MARKING HAS (Y) 4475 LF $2.02 $9,039.50 4475 $9,039.50 Thursday, March 28, 2024 Page 2 of 5 City Project Numbers 103374 DOE Number 3374 Contract Name BLAZING TRAIL DEVELOPMENT Estimate Number I Contract Limits Payment Number 1 Project Type DRAINAGE PAVING & STREETLIGHT IMPROVEMENTS For Period Ending 1/9/2024 Project Funding 13 8" SLD PVMT MARKING HAS (W) 40 LF $3.37 $134.80 40 $134.80 14 24" SLD PVMT MARKING HAE (W) 20 LF $11.25 $225.00 20 $225.00 15 BLOCK SOD PLACEMENT (WITHIN ROW) 740 SY $14.57 $10,781.80 740 $10,781.80 16 SEEDING, BROADCAST (MASS GRADING & 110000 SY $3.26 $358,600.00 110000 $358,600.00 DETENTION) 17 UTILITY SERVICE SURFACE RESTORATION 8425 SY $2.51 $21,146.75 8425 $21,146.75 SEEDING 18 SEEDING, SOIL RETENTION BLANKET 275 SY $7.76 $2,134.00 275 $2,134.00 (CHANNELS) 19 IMPORTED EMBEDMENT/BACKFILL,CSS 450 CY $331.02 $148,959.00 450 $148,959.00 20 INSTALL ALUM SIGN GROUND MOUNT 1 EA $1,732.07 $1,732.07 1 $1,732.07 21 REINFORCED CONC WEIR STRUCTURE (POND 1060 CF $49.04 $51,982.40 1060 $51,982.40 134) 22 FURNISH/INSTALL CONDUIT -SCHEDULE 80 560 LF $73.11 $40,941.60 560 $40,941.60 PVC 6 23 TRAFFIC CONTROL 4 MO $9,138.36 $36,553.44 4 $36,553.44 24 4" CONC PILOT CHANNELS 15275 SF $10.12 $154,583.00 15275 $154,583.00 Sub -Total of Previous Unit $2,986,185.24 $2,986,185.24 UNIT V: STREET LIGHTING IMPROVEMENTS Item Description of Items Estimated Unit No. Quanity 1 2" CONDT PVC SCH 80 (T) (CO #1) 2305 LF 2 NO 2 INSULATED ELEC CONDR (CO #1) 7040 LF 3 FURNISH/INSTALL LED LIGHTING FIXTURE 13 EA (137 WATT) (CO #1) 4 RDWY ILLUM FOUNDATION TY 3, 5, 6 AND 8 (CO #1) 5 FURNISH/INSTALL RDWAY ILLUM TY 18 POLE (CO #1) 6 FURNISH/INSTALL TYPE 33A ARM (CO #1) 7 GROUND BOX TYPE B, W/ APRON (CO #1) 8 FURNISH/INSTALL 120-240 VOLT SINGLE PHASE MET Unit Cost Estimated Completed Completed Total Quanity Total $24.28 $55,965.40 2305 $55,965.40 $5.96 $41,958.40 7040 $41,958.40 $1,398.52 $18,180.76 13 $18,180.76 13 EA $4,660.11 $60,581.43 13 $60,581.43 13 EA $3,067.32 $39,875.16 13 $39,875.16 13 EA $587.64 $7,639.32 13 $7,639.32 3 EA $1,720.88 $5,162.64 3 $5,162.64 1 EA $10,861.55 $10,861.55 1 $10,861.55 9 2" CONDT RM (RISER) (CO #1) 30 LF $0.00 $0.00 30 $0.00 -------------------------------------- Sub-Total of Previous Unit $240,224.66 $240,224.66 -------------------------------------- Thursday, March 28, 2024 Page 3 of 5 City Project Numbers 103374 Contract Name BLAZING TRAIL DEVELOPMENT Contract Limits Project Type DRAINAGE PAVING & STREETLIGHT IMPROVEMENTS Project Funding Contract Information Summary Original Contract Amount Chanhe Orders Change Order Number 1 DOE Number 3374 Estimate Number 1 Payment Number 1 For Period Ending 1/9/2024 $3,657,523.71 $9,580.91 Total Contract Price $3,667,104.62 Total Cost of Work Completed $3,667,104.62 Less % Retained $0.00 Net Earned $3,667,104.62 Earned This Period $3,667,104.62 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 $3,667,104.62 Thursday, March 28, 2024 Page 4 of 5 City Project Numbers 103374 Contract Name BLAZING TRAIL DEVELOPMENT Contract Limits Project Type DRAINAGE PAVING & STREETLIGHT IMPROVEMENTS Project Funding Project Manager NA Inspectors M. GLOVER / I.ANDRADE Contractor CATAMOUNT CONSTRUCTORS, INC. 4630 NORTH LOOP 1604 WEST, SUITE 130 SAN ANTONIO , TX 78249 DOE Number 3374 Estimate Number 1 Payment Number 1 For Period Ending 1/9/2024 City Secretary Contract Number Contract Date Contract Time 170 WD Days Charged to Date 188 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 $3,667,104.62 Less % Retained $0.00 Net Earned $3,667,104.62 Earned This Period $3,667,104.62 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 $3,667,104.62 Thursday, March 28, 2024 Page 5 of 5 DEVELOPER -AWARDED -PROJECT CHANGE ORDER PROJECT NAME: Blazina Trail Development I CHANGE CONTRACT: Water. Sewer, Pavinq, Drainage Improvements to Serve Blazinq Trail Development ORDER No: CFA# 21-0113 I CITY PARTICIPATION:I No I CITY PROJECT # 103374 IDOE# WA J WATER PROJECT # 30114-0200431-103374-EO7685 J (SEWER PROJECT# 30114-0200431-103374-EO7685 I FILE # W-2777; X-2777 INSPECTOR: Jeff Wolff Phone No: 817-392-8306 PROJECT MANAGER: Victor V. Tornero Jr., P.E. Phone No: 817-392-7830 CONTRACT UNIT WATER SEWER PAVING DRAINAGE STREETLIGHTS CONTRACT Developer Developer DAYS Developer Cost CityCost Developer Cost Clly Cost Developer Cost Clw cost Cost CItM Cost cost City Cosl ORIGINAL CONTRACT $1.214.369.95 $0,00 $1.282.738.05 $0.00 $2,986,185.24 $0.00 $440.694.72 $0.00 $230.643.75 $0.00 170 EXTRAS TO DATE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 .$O.OD $0.00 $0.00 $0.00 CREDITS TO DATE $0.00 $0.00 $0.00 so.00 $0.00 $0.00 $0.00 $0.00 I $0.00 $0.00 CONTRACT TO DATE $1.214.959.95 $0.00 $1.282.738.05 $0.00 $2,986.185.24 $0.00 S440.694.72 $0.00 I $230.643.75 $0.00 170 AMOUNT OF PROP. CHANGE ORDER ($72,380.821 $0.00 $0.00 $0.00 $0.00 $0.00 fD.00 $9.580.91 $0.00 0 REVISED CONTRACT AMOUNT $1.142,479.1J $0.00 $1.282.738.05 50.00 $2,988.185.24 $0.00 SM..041.72 f0.00 $240.224.66 $0.00 170 TOTAL REVISED CONTRACT AMOUNT PER UNIT $1.142,479.13 $1,282,738.05 $2,986.185.24 $440.694.72 $240.224.66 J REVISED COST SHARE Day. Coal: $6,092,321.80 City Cost: $0.00 TOTAL REVISED CONTRACT $6,092,321.80 1 You are directed to make the following chances in the contract documents Asterisk (1) Indicates New Pay Item. CITY BID ITEM PAY ITEM It 8 QUANTITY UNIT ITEM DESCRIPTION UNITPRICE TOTAL Unit I: Water Improvements 7 3305.2004 242 LF 12" Water Carrier (DI) Pipe $144.38 S34.939.96 J 9 3311.0161 -20 IF 6" PVC Water Pipe $62.83 ($1,256.60) 1 10 3311.0261 -22.5 LF 8" PVC Water Pipe $87.59 (S1.970.781 J 12 3311.0461 -242 LF 12" PVC Water Pipe $134.71 (532,599.8211 16 3312.3002 -1 EA 6" Gate Valve $2A75.55 1$2,475.551 J 17 3312.3003 -1 EA 8" Gate Valve $3,291.07 (S3,291.071 1 20 9999.0001 -2 EA 8" Double Detector Check and Vault $36,875.98 ($73,751.9611 21• 3311.0361 22.5 LF 10" PVC Water Pipe $135.29 $3.044.03 1 22- 3312.3004 1 EA 10" Gate Valve $4,980.97 $4,980.97 I I Total Unit I: Water mprovements ($72,380.82)I ..It I Street Lighting Improvements 1 2605.3015 20 LF 2" CONDT PVC SCH 80IT) $24.28 $485.60 2 3441.1405 185 LF NO 2 Insulated Eiec Condr I $5.96 $1.102.60 I 3 3441.3051 1 EA Furnish/install LED Lighting Fixture (137 watt ATB2 Cobra Head) I $1,398.52 $1,398.52 1 4 3441.3302 1 EA Rdwy Ilium Foundation TY 3,5,6, and 8 $4,660.11 $4,660.11 5 3441.3352 1 EA Furnish/Install Rdway Ilium TY 18 Pole $3,067.32 $3,067.32 6 3441.1645 1 EA Furnish/Install Type 33A Arm $587.64 $587.64 7 3441.1502 -1 EA 3441.1502 Ground Box Type B, w/Apron _ $1,720.88 ($1,720.88) j I 9• 2605.3014 30 LF 2" CONDT RM (Riser) $0.06 $0.00 Total Unit V. Water Improvements $9,580.91 REASONS FOR CHANGE ORDER Change orderrequired to reconcile updates made to private fire line design and Its connections to the public line as well as street lighting design updates due to Oncorcoonliantion. Changes correspond to revision 1 as shown on sheets 10, 14, 17, & 69 ofthe 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: Baird, Hampton & Brown, Inc. RLP III Bla71nc Trail Phase t, LLC Catamount Constructors, Inc. By.. By' BY. Name: Name: Name: Title: Title: Title: Revised: 10-12-2011 page 1 FORTWORTH. TRANSPORTATION AND PUBLIC WORKS February 22, 2024 Catamount Constructors, INC 4630 North Loop 1640 West, Suite 130 San Antonio, TX 78249 RE: Acceptance Letter Project Name: Blazing Trail Development Project Type: Developer City Project No.: 103374 To Whom It May Concern: On January 19, 2024 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 March 12, 2024. 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 March 12, 2024, 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- 393-8306. Sincerely, haw swan' Ram Tiwari (Aug 8, 202411:24 CDT) Ram P, Tiwari, Project Manager Cc: Ignacio Andrade, Inspector Mike Glover, Inspection Supervisor Daniel Roy, Senior Inspector Andrew Goodman, Program Manager BHB Inc, Consultant James Fryxell, Contractor Blazing Trails, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev. 8/20/19 FINAL BILLS PAID AFFIDAVIT BY CONTRACTOR I am the CFO of Catamount Constructors, Inc. ("Contractor"), located at 1527 Cole Boulevard, Suite 100, Lakewood, CO 80401, with a Texas office located at 15510 Vance Jackson Road, Building 2, Suite 100, San Antonio, TX 78249. I have personal knowledge of the facts stated herein and have full authority to make the following assertions on behalf of Contractor. Pursuant to and in accordance with a written contract between Contractor and RLP III Blazing Trail Phase I, LLC ("Owner"), Contractor furnished labor and materials for the construction of certain infrastructure improvements at or adjacent to 3840 Deen Road, Fort Worth, TX 76106 (the "Improvements"), as indicated in City of Fort Worth Project #103374. All work provided for under said written construction contract has been fully completed in accordance with the terms and provisions of said contract. Contractor has paid each of its subcontractors and suppliers in full for all labor and materials provided to Contractor for or in connection with the construction, renovation, or repair of the Improvements. Contractor is not aware of any unpaid bills, claims, demands, or causes of action by any of its subcontractors or suppliers for or in connection with the furnishing of labor materials for the construction of the Improvements, nor of any pending claims for personal injury or property damage arising from the construction of the Improvements. Contractor acknowledges that this Final Bills Paid Affidavit is being given in furtherance of Section 53.085 of the Texas Property Code. Executed as of May 28, 2024. Paul Crandall, CFO Catamount Constructors, Inc. Before me personally appeared Paul Crandall, known to me to be the person whose name is subscribed above, acknowledged that he has the authority to make this Final Bills Paid Affidavit, and further acknowledged to me that he executed the same for the purpose therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on May 28, 2024. STEPHANIE WHYTE — NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214004988 MY COMMISSION EXPIRES FEBRUARY 5, 2025 [seal] Notary Public, tate of Colorado SECTION 00 62 19 MAINTENANCE BOND 0062 19- 1 MAINTENANCE BOND Page 1 of 3 Bond #47-SUR-300084-01-0177 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § THAT WE CATAMOUNT CONSTRUCTORS IDTC,�,, _, known as "Principal" herein and Berkshire Hathaway Specialty Insurance Company a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, RLP III Blazing Trail Phq,Se I. LLC authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of Six -Million One -Hundred Fiftv-Five Thousand One -Hundred Twentv-One Dollars and Seventv- One Cents ( $6.155,121.711 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number CFA21-0113;and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the 12th day of March .. 20 24 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as Water, Sewer. Paving. Drainage & Street Tight nrovements to Serve Blazing Trail Development and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. CITY OF FORT WORTH BLAZING TRAIL DEVELOPMENT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103374 Revised January 31, 2012 0062 19- 2 MAINTENANCE BONE] Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH BLAZING TRAIL DEVELOPMENT STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS 103374 Revised January 31, 2012 0062 19- 3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 12th day of March 20 24 . Wi ess as to incipal A ST. (Surety) •Tina - sh ,Mess as to Sur Debra Johnson PRINCIPAL: Catamount Constructors, Inc. 15510 Vance Jackson Rd., Bldg 2, Suite 100 San Antol 'o. TX 781 Signatur Scott Reynolds. President Name and Title Address: 4630 North Loop 1604 West. Suite 130 San Antonio. TX 78249 SURETY: Berkshire Hathaway Specialty Insurance Company 1314 Douglas St., Suite 1400 Omaha. NE 68102 B Signature Michael J. Brown, Attorne -in-ink_ Name and Title Address: 2500 Cumberland Pkwv. Suite 400 Atlanta, GA 30339 Telephone Number: 67( 8)424-6500 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH BLAZING TRAIL DEVELOPMENT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103374 Revised January 31, 2012 47-S U R-300084-01-0177 Berkshire Hathaway Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY. a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies'), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: John Miller, Marearet Meyers. F. Anderson Philips„ Dou¢las L. Rieder, Michael J. Brgwn. 2500 Cumberland Parkway. Suite 400 of the citv of Atlanta. State of Georgia their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney -in -Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of August 24, 2023. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following seals of the Companies and signatures by an authorized officer of the Company may be affixed by facsimile or digital format, which shall be deemed the equivalent of and constitute the written signature of such officer of the Companies and original seals of the Companies for all purposes regarding this Power of Attorney, including satisfaction of any signature and seal requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President .Apo pPOqr Y�Y SURETY SEAL NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President \aOEbtry/T` `yjyFiREINSG clO b'GOIPO��f� A o (' SURETYSEALy l SEAL _ _ r6iJ, A. N60�T= ��0'YNECI�CJ+y1�� NOTARY State of Massachusetts, County of Suffolk, ss: On this 24th day of August, 2023, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] JOHN - SKINNER 'il W RY Notary Public ' January 22, 2027 I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this March 12, 2024. ySpEtin()} DEMN/j- +yFIRE r,Ys A0. 0.POR �'r,P �a 0.POR i � pPORRl G9 SURETY ir25URETY�° sj SURETY W SEAL ' of SEAL a y SEAL aRASR'�ay�� r6.t SHA, HF04l� ,p�hNECt�C JS;O Ralph Tortorella, Officer BHSIC, NICO & NLF POA (2023) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at anytime any such Attorney -in -fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4.Officers, Agents, and Emplovees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers, Agents and Emplovees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. BHSIC, NICO & NLF POA (2023)