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HomeMy WebLinkAboutContract 60767-FP1Page 1 of 2 City Secretary Contract No.__________________ Date Received ______________ 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: Chisholm Trail Ranch Section 3 Phase 3 City Project No.: 104793 Improvement Type(s): Paving Drainage Street Lights Traffic Signals Original Contract Price: $1,283,262.00 Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete:$1,283,262.00 Contractor Date Title Conatser Construction, TX LP Company Name Project Inspector Date Project Manager Date CFA Manager Date ______________________________________ __________________________________ TPW Director Date Asst. City Manager Date Page 2 of 2 Notice of Project Completion Project Name: Chisholm Trail Ranch Section 3 Phase 3 City Project No.: 104793 City’s Attachments Final Pay Estimate Change Order(s):Yes N/A Contractor’s Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time 140 WD Work Start Date: 4/4/2024 Days Charged: 102 WD Work Complete Date: 9/9/2024 Completed number of Soil Lab Test: 463 Completed number of Water Test: 13 CITY OF FORT WORTH Contract Name Chisholm Trail Ranch Section 3 Phase 3 Contract Limits Project Type DRAINAGE & PAVING DOE Number 4793 Estimate Number 1 Payment Number 1 For Period Ending 9/9/2024 FINAL PAYMENT REQUEST City Secretary Contract Number 102 WD Contract Date CONATSER CONSTRUCTION TxLP NA 5327 WICHITA ST FORT WORTH TX 76119 G. DEYON S. WEBSTER 120WDContract Time Days Charged to Date CompleteContract is 100.00 Contractor , /Inspectors Project Manager City Project Numbers 104793 Friday, September 20, 2024 Page 1 of 4 Contract Name Chisholm Trail Ranch Section 3 Phase 3 Contract Limits Project Type DRAINAGE & PAVING DOE Number 4793 Estimate Number 1 Payment Number 1 For Period Ending 9/9/2024 Project Funding City Project Numbers 104793 UNIT III: DRAINAGE IMPROVEMENTS Item No.Description of Items Estimated Quanity Unit Unit Cost Estimated Total Completed Quanity Completed Total 1 10' CURB INLET 11 EA $6,200.00 $68,200.00 11 $68,200.00 2 21" RCP, CLASS III 42 LF $85.00 $3,570.00 42 $3,570.00 3 24" RCP, CLASS III 250 LF $95.00 $23,750.00 250 $23,750.00 4 27" RCP, CLASS III 113 LF $120.00 $13,560.00 113 $13,560.00 5 TRENCH SAFETY 405 LF $2.00 $810.00 405 $810.00 6 4' STORM JUCNTION BOX 1 EA $14,500.00 $14,500.00 1 $14,500.00 7 12" ROCK RIPRAP 18 SY $125.00 $2,250.00 18 $2,250.00 8 27" 4:1 SLOPED END HEADWALL 1 EA $4,500.00 $4,500.00 1 $4,500.00 9 15' CURB INLET 3 EA $7,800.00 $23,400.00 3 $23,400.00 10 MANHOLE ADJUSTMENT, MINOR 1 EA $1,000.00 $1,000.00 1 $1,000.00 11 REMOVE 4' DROP INLET 2 EA $2,500.00 $5,000.00 2 $5,000.00 $160,540.00 $160,540.00Sub-Total of Previous Unit UNIT IV: PAVING IMPROVEMENTS Item No.Description of Items Estimated Quanity Unit Unit Cost Estimated Total Completed Quanity Completed Total 1 6" REINFORCE CONC PVMT 14455 SY $62.00 $896,210.00 14455 $896,210.00 2 6" LIME TREATMENT 15412 SY $4.00 $61,648.00 15412 $61,648.00 3 TOPSOIL 145 CY $30.00 $4,350.00 145 $4,350.00 4 BLOCK SOD PLACEMENT 868 SY $8.00 $6,944.00 868 $6,944.00 5 4" CONC SIDEWALK 13265 SF $5.00 $66,325.00 13265 $66,325.00 6 HYDRATED LIME (30#/SY PER GEOTECH)231 TN $245.00 $56,595.00 231 $56,595.00 7 BARRIER FREE RAMP, TYPE P-1 8 EA $2,200.00 $17,600.00 8 $17,600.00 8 FURNISH/INSTALL ALUM SIG GROUND MOUNT CITY STANDARD - R1-1 STOP SIGN 4 EA $750.00 $3,000.00 4 $3,000.00 9 FURNISH/INSTALL ALUM SIG GROUND MNT. CITY STANDARD - ST. NAME BLADE PAIR 8 EA $300.00 $2,400.00 8 $2,400.00 10 REMOVE BARRICADE & CONNCECT TO EXISTING 3 EA $1,800.00 $5,400.00 3 $5,400.00 11 SAWCUT EXISTING ASPHALY AND CONNECT TO 75 LF $30.00 $2,250.00 75 $2,250.00 $1,122,722.00 $1,122,722.00Sub-Total of Previous Unit Friday, September 20, 2024 Page 2 of 4 Contract Name Chisholm Trail Ranch Section 3 Phase 3 Contract Limits Project Type DRAINAGE & PAVING DOE Number 4793 Estimate Number 1 Payment Number 1 For Period Ending 9/9/2024 Project Funding City Project Numbers 104793 Contract Information Summary Change Orders $1,283,262.00Original Contract Amount $1,283,262.00Total Contract Price $1,283,262.00 Less Total Cost of Work Completed % Retained $0.00 Net Earned $1,283,262.00 Plus Material on Hand Less 15%$0.00 Balance Due This Payment $1,283,262.00 Less Liquidated Damages Days @ / Day $0.00 Less Penalty LessPavement Deficiency $0.00 $0.00 $0.00Less Previous Payment Earned This Period Retainage This Period $1,283,262.00 $0.00 Friday, September 20, 2024 Page 3 of 4 Contract Name Chisholm Trail Ranch Section 3 Phase 3 Contract Limits Project Type DRAINAGE & PAVING DOE Number 4793 Estimate Number 1 Payment Number 1 For Period Ending 9/9/2024 Project Funding City Project Numbers 104793 Line Fund Account Center Amount Funded Gross Retainage Net CITY OF FORT WORTH SUMMARY OF CHARGES $1,283,262.00 Less Total Cost of Work Completed % Retained $0.00 Net Earned $1,283,262.00 Plus Material on Hand Less 15%$0.00 Balance Due This Payment $1,283,262.00 Less Liquidated Damages 0 Days @ $0.00 / Day $0.00 Less Penalty LessPavement Deficiency $0.00 $0.00 $0.00Less Previous Payment Earned This Period Retainage This Period $1,283,262.00 $0.00 City Secretary Contract Number 102 WD Contract Date CONATSER CONSTRUCTION TxLP NA 5327 WICHITA ST FORT WORTH TX 76119 G. DEYON S. WEBSTER 120 WD Contract Time Days Charged to Date CompleteContract is 100.000000 Contractor , /Inspectors Project Manager Friday, September 20, 2024 Page 4 of 4 Rev. 08/20/19 TRANSPORTATION AND PUBLIC WORKS September 12, 2024 Conatser Construction TX, L.P. 5327 Wichita St Fort Worth, Texas 76119 RE: Acceptance Letter Project Name: Chisolm Trail Ranch Section 3 Phase 3 Project Type: Water, sewer, paving, drainage City Project No.: 104793 To Whom It May Concern: On September 12, 2024 a final inspection was made on the subject project. There were no punch list items identified at that time. The final inspection indicates that the work meets the City of Fort Worth specifications and is therefore accepted by the City. The warranty period will start on September 12, 2024, which is the date of the final inspection and will extend of two (2) years in accordance with the Contract Documents. If you have any questions concerning this letter of acceptance, please feel free to contact me at 817- 392-6826. Sincerely, George Marquez , Project Manager Cc: Steven Wester , Inspector Gary Deyon , Inspection Supervisor Lorrie Pitts , Senior Inspector Andrew Goodman , Program Manager LJA Engineering , Consultant Conatser Construction TX, L.P. , Contractor Meritage Homes of Texas , LLC , Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Befare 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 T�. 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, assaciatians, 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: CHISHOLM TRAIL RANCH SEC. 3, PH. 3 WATER, SANITARY SEWER, DRAINAGE, PAVING, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 23-0156 CITY PROJECT #:104793 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP , Brock Huggin Subscribed and sworn to before me this 24TH day of July, 2024. ,�pµr P� KA*HERINE ROSE �� �� � � Notary Public State oiTexas Notary Public in Tarrant County, Texas Ny�P ID�1 133467933 9r �4 My Cammission Expires Novemher 30, 2025 � CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of OWNER ❑ ARCHlTECT ❑ CONTRACTflR ❑ SURETY ❑ aTH�R Architects, AIA Document G787 Bond No 0256211 PROJECT: (name, 8ddf65S�Chisholm Trail Ranch Section 3 Phase 3- Utilities & Paving Fort Worth. TO (Owner) TX �MERITAGE HOMES OF TEXAS, LLC AND THE C{TY� ARCHlTECT'S PROJECT N0: OF FORT WORTH CflNTRACT F�R: 8840 Cypress Waters Blvd., Suite 100 Ghisholm Trail Ranch Section 3 Phase 3- Utilities & Paving Dallas Tx 75ots � CflNTRAC7 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 nama and eddress of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT o6830 , SURETY COMPANY on bond of lhere 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 Contractar, and agrees that finai payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here inseR neme and address of Owner) MERITAGE HOMES OF TEXAS, LLC AND THE CITY OF FORT WORTH 8840 Cypress Waters Blvd., Suite 100 Dallas TX 75019 as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: (Seal): �a-- j}'� �.c" day of July, 2024 23rd , OWNER, BERKLEY INSURANCE COMPANY Surety Company � �Zur, `'�,�L � Signa re of Authorized Representative hini Attorne -in-Fact Title NOTE: This form is to be usad as a companion document to AIA DOCUMEfVT G706, CONTRACTOR'S AFFIDAVI7 OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE � No. SI-72801-e1 POWER QF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE 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. Cornell; Sophinie Hunter; Robbi Morales; Kelly A. Westbrook; Tina McEwan; Joshua Suunders; 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.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknawledgad 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 d�ly 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 Of�icer, 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 affx 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 thase 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 previaus 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. I�.ti 1�'ITI�ESS V+�ERE�F, iF�e �or�sasiy h�s eaused f$�ese presents ta be signed .�d attes#ed }�y its a�psapriafe c�ffeers a�ac� its �vrpc�rare sea� h�a-etx��to af�ixe�l this �� d�� of M�tv , ZC3�� . ,t 4�,�y�a��Fr . �iiesf: __ Ber�cley Insur�nce �c�inp�ny `�;`� gaF s.. ��' � � �1� "", I � � �_ � �� �' �l iI 1 �'. $y �.. t � - �� , . ;�•-' y �'�?" � � ` :�._ � � i'fuli}� 5.��3'�1t Je .e � �� ai_er ��anwaY�° : � �xecutice i,'ice Prest�tt �:: �eer��uy Senior �'ice �'resident _ ST �'i'� C)� �C?�i:tiiE�TI[:L: �' ) ) ss: �Ci�'tiTi �F F_�iIRFIEI.D } St��sn ic� bef�r� me� a IVotar*,� Piibli� in tize State af C.ounecticut, tiais 2� day of M��� ?Q'�� ,�y F'�iiip S. ��t �nd Jeffrey 1G�. H�er �vho ar� ssvorn to nie ta i�e t�e Exec�ttive �'gce �'t�sident �d 5ecre�; aud th� Senicsr �ice President, re�pecti��ly, �rf�erkl��° Ia��ur�ce C €�anpa�y�. �� . °�1/A �. F�Et„t�li� � /`' �a'if tl�>,�t .' {'°9 / �,1 , � �--- — �iTAi� �'tif�l�,tG �to� P'ub}ic, �tate of Gonne�ticut i�iNNL4`i�+�lJ� �y4'�'�° .��i� �,#'`..1i CERTi�It�'.�T� L i�Ze undersi�iae�l �.ssistar�L Secret�ay of BE.1tKLE� II+�SUi�A�'�:�:E CC?�nA+'�Y, Dt� i�EERE�4 C'�ItTIF� tha� �Ise %regosng is � inae, correct �td co�i�te �a�p4 of the origix�al Pvv� er of �tie�rney; that ��i� Po�v�r of Attomey ��as t�at been €s� ak�ed or rescsa�deci and ��a3 ilae autl��riCy t��` t�e Attorney-iiiz-F`act. sei fostl� therein, ui�c� e�ec��ted tti� bo��l or ust�rta�Ci�g ta �whsc� tl� t ou�r +af Attt��si�'�`�t�`q�tit#����, ts in fis�l iarce and eff�t � aftf�is dat�. y 2024 *�'" `,� �"t`s�Y.��'�unc��r r.n}• �anci atid se�l of th� G�o�gany; this 23rti ��, Qg Jul _ .�ai ��',+1.1... � � � j � ,. �` ,. G�{A.,lde��'y � �t°32ti�Il� �. �D7� . _ .,-� CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforma with the American Institute af OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Architects, AIA Document G707 Bond No 0256212 PROJECT: (n8rt1e, add�eSS)Chisholm Trail Ranch Sec 3 Ph 3- Street Lighting Improvements Fort Worth TO (Owner? TX IMERITAGE HOMES OF TEXAS, LLC AND THE CITY� ARCHlTECT'S PROJECT NO: OF FORT WORTH CONTRACT FOR: 8840 C press Waters Blvd., Suite 100 Chisholm Trail Ranch Section 3 Phase 3- Street Lighting Y Improvements Dallas TX 75019 � CONTRACT DATE: CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. In accordance with the grovisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name end eddrass of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insart name end address of Contractar) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 , CONTRACTOR, hereby approves of the final payment to the Contractar, and agrees tha# finai payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner► MERITAGE HOMES OF TEXAS, LLC AND THE CITY OF FORT WORTH 8840 Cypress Waters Blvd., Suite 100 Dallas TX 75019 as set forth in the said Surety Company's bond. IN WITNES5, WHEREOF, the Surety Company has hereunto set its hand this 23rd day of ,1u�y, 2024 , OWNER, BERKLEY INSURANCE COMPANY Surety Company i Attest: "_�" �� � �� (Seal): �� � � `�``�'��`— Signature ofAuthorized Representative o' ie H n er Attorne -in-Fact Title NOTE: This form is to 6e used as a comvanion document to AIA DOCUMENT G706, CONTRAC70R'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAtMS, Current Edition ONEPAGE . POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE No. BI-72801-e1 KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSUR.ANCE 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. Cornell; Sophinie Hunter; Robbi Morales; Kelly A. Westbrook; Tina McEwan; Joshua 8aunders; Tonie Petranek; or Mikaela Peppers of Aon Risk Services Southwest, Inc. ojDallas, 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.$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 af the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attomey 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 attarney 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 af thase 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 al[ 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 ihe Company, norivithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. ��h.'ITNESS `]1+FiEREi3F, t�� Cor�pauy i�as eattsed t�ese prese�is to be signed au�i att�sted b� its agprcrpriate offieers a�cl its €orgar.at� sea$ lkerreaanta aflixe�d this 2'� �iy of. M�]�' , Zt7�� . ��.��xaN�,�"� tit�est. �'�: r � ''`°�, /r 4 °�y.RFG � �t!�'� B i"`�,��.-�a�.-.%� 1 ���.., wi � .i�..�l, ! � t } ! � `� � ... ; '' ' P�l4iip S_ �lt ',. ��,�,�,w��,::''$ E�eeuti�� �ice Presi�ient � �ecr�uy '_ 5T �TE C?F Ct3�vfiiE� I'I�:ti T j � � S4: C(�L':r�'I tiF �-iiI�`�EL� ) Berkley I�as�trance G�anip�ny By � Jei�,e � i��_ a • ' Senior y'iee Presizient S�v�r�*a tr� b�for� m�, a:V�atary Public i� t�e St�� of C��u�ecticsat, �is 2� day �of I+�I�L' _ 2(124 , by PI�a1ip S. ��elt and 3effretr I�rI. �ai�er. �;ho ar� s�vom ta me tc� be Ei�e Ex�cztti�e Vice �'resideni as�d Secretar}�, and €he Set�i�r �i ice Presiiiea�i, r�s�pe�ts�ely, raf B�kle}� Iusura�ce G+�n�t�any. n! f z � �1AGr�t� _��`f`-, 7 �'�,t��/..�� 6�TA�`�I��?G �T�t:uy F��Iic, �tate of G�rnnectictYt +t�IdNG�t#t` � �� t� C:ERTi�i+C�iT� I_ t%e €uid�esigne�t. Assistan# Se�re�}= of B�,�LEi' IN�IIIt���C:E Cf3I�+1�'?,.:�+��Y', iH� i�EE12EB� C:EIt'TIFY that tiYe frar�gbing i� a fxue, cvrrect and ct�tnpl�ke cc�py c�f tf�e s�figit�al Power a� At%rne.�; titat said �otue�r of Atfuan�3* �s u+�t h�en €evak�d e�r rescut�s� as�d #l�at.�1,� a�tl�ority o� t�ae �ttorney-in-Fact set fottli t$�er�ina �lics execuf�d th� b��� ar tuidaxta�in� ta �}�ic1� t� Po�svef tif �,t��;��'�'� ����e�, is �xg £�a�1 force aa��i eifect as etf tt�is dat�. 2024 ;�,',�' ��.�'�'iujder �say ha�d :�nd s�i of tiie Gz�an�any, this 23rd ,��; a� J uly � ' ;41:.:�I. t � , f � , . , � - � >. ,ti . ,.. _ ```, �'ca�;� , ' �''is�c�3t:P. F+�rie �—. AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Befare 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 T�. 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, assaciatians, 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: CHISHOLM TRAIL RANCH SEC. 3, PH. 3 WATER, SANITARY SEWER, DRAINAGE, PAVING, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 23-0156 CITY PROJECT #:104793 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP , Brock Huggin Subscribed and sworn to before me this 24TH day of July, 2024. ,�pµr P� KA*HERINE ROSE �� �� � � Notary Public State oiTexas Notary Public in Tarrant County, Texas Ny�P ID�1 133467933 9r �4 My Cammission Expires Novemher 30, 2025 � CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of OWNER ❑ ARCHlTECT ❑ CONTRACTflR ❑ SURETY ❑ aTH�R Architects, AIA Document G787 Bond No 0256211 PROJECT: (name, 8ddf65S�Chisholm Trail Ranch Section 3 Phase 3- Utilities & Paving Fort Worth. TO (Owner) TX �MERITAGE HOMES OF TEXAS, LLC AND THE C{TY� ARCHlTECT'S PROJECT N0: OF FORT WORTH CflNTRACT F�R: 8840 Cypress Waters Blvd., Suite 100 Ghisholm Trail Ranch Section 3 Phase 3- Utilities & Paving Dallas Tx 75ots � CflNTRAC7 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 nama and eddress of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT o6830 , SURETY COMPANY on bond of lhere 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 Contractar, and agrees that finai payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here inseR neme and address of Owner) MERITAGE HOMES OF TEXAS, LLC AND THE CITY OF FORT WORTH 8840 Cypress Waters Blvd., Suite 100 Dallas TX 75019 as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: (Seal): �a-- j}'� �.c" day of July, 2024 23rd , OWNER, BERKLEY INSURANCE COMPANY Surety Company � �Zur, `'�,�L � Signa re of Authorized Representative hini Attorne -in-Fact Title NOTE: This form is to be usad as a companion document to AIA DOCUMEfVT G706, CONTRACTOR'S AFFIDAVI7 OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE � No. SI-72801-e1 POWER QF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE 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. Cornell; Sophinie Hunter; Robbi Morales; Kelly A. Westbrook; Tina McEwan; Joshua Suunders; 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.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknawledgad 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 d�ly 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 Of�icer, 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 affx 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 thase 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 previaus 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. I�.ti 1�'ITI�ESS V+�ERE�F, iF�e �or�sasiy h�s eaused f$�ese presents ta be signed .�d attes#ed }�y its a�psapriafe c�ffeers a�ac� its �vrpc�rare sea� h�a-etx��to af�ixe�l this �� d�� of M�tv , ZC3�� . ,t 4�,�y�a��Fr . �iiesf: __ Ber�cley Insur�nce �c�inp�ny `�;`� gaF s.. ��' � � �1� "", I � � �_ � �� �' �l iI 1 �'. $y �.. t � - �� , . ;�•-' y �'�?" � � ` :�._ � � i'fuli}� 5.��3'�1t Je .e � �� ai_er ��anwaY�° : � �xecutice i,'ice Prest�tt �:: �eer��uy Senior �'ice �'resident _ ST �'i'� C)� �C?�i:tiiE�TI[:L: �' ) ) ss: �Ci�'tiTi �F F_�iIRFIEI.D } St��sn ic� bef�r� me� a IVotar*,� Piibli� in tize State af C.ounecticut, tiais 2� day of M��� ?Q'�� ,�y F'�iiip S. ��t �nd Jeffrey 1G�. H�er �vho ar� ssvorn to nie ta i�e t�e Exec�ttive �'gce �'t�sident �d 5ecre�; aud th� Senicsr �ice President, re�pecti��ly, �rf�erkl��° Ia��ur�ce C €�anpa�y�. �� . °�1/A �. F�Et„t�li� � /`' �a'if tl�>,�t .' {'°9 / �,1 , � �--- — �iTAi� �'tif�l�,tG �to� P'ub}ic, �tate of Gonne�ticut i�iNNL4`i�+�lJ� �y4'�'�° .��i� �,#'`..1i CERTi�It�'.�T� L i�Ze undersi�iae�l �.ssistar�L Secret�ay of BE.1tKLE� II+�SUi�A�'�:�:E CC?�nA+'�Y, Dt� i�EERE�4 C'�ItTIF� tha� �Ise %regosng is � inae, correct �td co�i�te �a�p4 of the origix�al Pvv� er of �tie�rney; that ��i� Po�v�r of Attomey ��as t�at been €s� ak�ed or rescsa�deci and ��a3 ilae autl��riCy t��` t�e Attorney-iiiz-F`act. sei fostl� therein, ui�c� e�ec��ted tti� bo��l or ust�rta�Ci�g ta �whsc� tl� t ou�r +af Attt��si�'�`�t�`q�tit#����, ts in fis�l iarce and eff�t � aftf�is dat�. y 2024 *�'" `,� �"t`s�Y.��'�unc��r r.n}• �anci atid se�l of th� G�o�gany; this 23rti ��, Qg Jul _ .�ai ��',+1.1... � � � j � ,. �` ,. G�{A.,lde��'y � �t°32ti�Il� �. �D7� . _ .,-� CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforma with the American Institute af OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Architects, AIA Document G707 Bond No 0256212 PROJECT: (n8rt1e, add�eSS)Chisholm Trail Ranch Sec 3 Ph 3- Street Lighting Improvements Fort Worth TO (Owner? TX IMERITAGE HOMES OF TEXAS, LLC AND THE CITY� ARCHlTECT'S PROJECT NO: OF FORT WORTH CONTRACT FOR: 8840 C press Waters Blvd., Suite 100 Chisholm Trail Ranch Section 3 Phase 3- Street Lighting Y Improvements Dallas TX 75019 � CONTRACT DATE: CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. In accordance with the grovisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name end eddrass of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insart name end address of Contractar) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 , CONTRACTOR, hereby approves of the final payment to the Contractar, and agrees tha# finai payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner► MERITAGE HOMES OF TEXAS, LLC AND THE CITY OF FORT WORTH 8840 Cypress Waters Blvd., Suite 100 Dallas TX 75019 as set forth in the said Surety Company's bond. IN WITNES5, WHEREOF, the Surety Company has hereunto set its hand this 23rd day of ,1u�y, 2024 , OWNER, BERKLEY INSURANCE COMPANY Surety Company i Attest: "_�" �� � �� (Seal): �� � � `�``�'��`— Signature ofAuthorized Representative o' ie H n er Attorne -in-Fact Title NOTE: This form is to 6e used as a comvanion document to AIA DOCUMENT G706, CONTRAC70R'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAtMS, Current Edition ONEPAGE . POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE No. BI-72801-e1 KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSUR.ANCE 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. Cornell; Sophinie Hunter; Robbi Morales; Kelly A. Westbrook; Tina McEwan; Joshua 8aunders; Tonie Petranek; or Mikaela Peppers of Aon Risk Services Southwest, Inc. ojDallas, 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.$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 af the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attomey 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 attarney 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 af thase 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 al[ 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 ihe Company, norivithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. ��h.'ITNESS `]1+FiEREi3F, t�� Cor�pauy i�as eattsed t�ese prese�is to be signed au�i att�sted b� its agprcrpriate offieers a�cl its €orgar.at� sea$ lkerreaanta aflixe�d this 2'� �iy of. M�]�' , Zt7�� . ��.��xaN�,�"� tit�est. �'�: r � ''`°�, /r 4 °�y.RFG � �t!�'� B i"`�,��.-�a�.-.%� 1 ���.., wi � .i�..�l, ! � t } ! � `� � ... ; '' ' P�l4iip S_ �lt ',. ��,�,�,w��,::''$ E�eeuti�� �ice Presi�ient � �ecr�uy '_ 5T �TE C?F Ct3�vfiiE� I'I�:ti T j � � S4: C(�L':r�'I tiF �-iiI�`�EL� ) Berkley I�as�trance G�anip�ny By � Jei�,e � i��_ a • ' Senior y'iee Presizient S�v�r�*a tr� b�for� m�, a:V�atary Public i� t�e St�� of C��u�ecticsat, �is 2� day �of I+�I�L' _ 2(124 , by PI�a1ip S. ��elt and 3effretr I�rI. �ai�er. �;ho ar� s�vom ta me tc� be Ei�e Ex�cztti�e Vice �'resideni as�d Secretar}�, and €he Set�i�r �i ice Presiiiea�i, r�s�pe�ts�ely, raf B�kle}� Iusura�ce G+�n�t�any. n! f z � �1AGr�t� _��`f`-, 7 �'�,t��/..�� 6�TA�`�I��?G �T�t:uy F��Iic, �tate of G�rnnectictYt +t�IdNG�t#t` � �� t� C:ERTi�i+C�iT� I_ t%e €uid�esigne�t. Assistan# Se�re�}= of B�,�LEi' IN�IIIt���C:E Cf3I�+1�'?,.:�+��Y', iH� i�EE12EB� C:EIt'TIFY that tiYe frar�gbing i� a fxue, cvrrect and ct�tnpl�ke cc�py c�f tf�e s�figit�al Power a� At%rne.�; titat said �otue�r of Atfuan�3* �s u+�t h�en €evak�d e�r rescut�s� as�d #l�at.�1,� a�tl�ority o� t�ae �ttorney-in-Fact set fottli t$�er�ina �lics execuf�d th� b��� ar tuidaxta�in� ta �}�ic1� t� Po�svef tif �,t��;��'�'� ����e�, is �xg £�a�1 force aa��i eifect as etf tt�is dat�. 2024 ;�,',�' ��.�'�'iujder �say ha�d :�nd s�i of tiie Gz�an�any, this 23rd ,��; a� J uly � ' ;41:.:�I. t � , f � , . , � - � >. ,ti . ,.. _ ```, �'ca�;� , ' �''is�c�3t:P. F+�rie �—.