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HomeMy WebLinkAboutContract 60767-FPFORT WORTH, -FP3 City Secretary 60767 Contract No. Date Received 7/18/2025 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: Chisholm Trail Ranch Section 3 Phase 3 City Project No.: 104793 Improvement Type(s): ❑ Paving ❑ Drainage 0 Street Lights ❑ Traffic Signals Original Contract Price: Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete: '�Os� Jacob Gatewood fJul 15. 202516:19 CDT) Contractor Manager Title Conatser Construction, TX LP Company Name Project Inspector Project Manager CFA Manager de .7,.� Lauren Pneur:Jul 18. 202510'.53 CDT) TPW Director Cp�-'-) Asst. City Manager $154,724.00 $154,724.00 07/15/2025 Date 07/16/2025 Date 07/18/2025 Date 07/18/2025 Date 07/18/2025 Date 07/18/2025 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 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 ❑x Change Order(s): ❑ Yes ❑x N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time:140 WD Days Charged: 102 WD Work Start Date: 4/4/2025 Work Complete Date: 9/9/2025 Completed number of Soil Lab Test: 463 Completed number of Water Test: 13 Page 2 of 2 FO TWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name Chisholm Trail Ranch Section 3 Phase 3 Contract Limits Project Type STREETLIGHT IMPROVEMENTS City Project Numbers 104793 DOE Number 4793 Estimate Number 1 Payment Number 1 For Period Ending City Secretary Contract Number Contract Date Project Manager NA Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 Inspectors G. DEYON / S. WESTER Contract Time Days Charged to Date Contract is 100.00 9/9/2025 WD 12WD 102 Complete Monday, July 14, 2025 Page 1 of 4 City Project Numbers 104793 DOE Number 4793 Contract Name Chisholm Trail Ranch Section 3 Phase 3 Estimate Number I Contract Limits Payment Number 1 Project Type STREETLIGHT IMPROVEMENTS For Period Ending 9/9/2025 Project Funding UNIT V: STREETLIGHT IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 RDWY ILLUM FOUNDATION TY 1 25 EA $1,200.00 $30,000.00 25 $30,000.00 2 RDWY ILLUM TY 11 POLE 25 EA $1,800.00 $45,000.00 25 $45,000.00 3 TYPE R2 LUMINAIRE 20 EA $850.00 $17,000.00 20 $17,000.00 4 TYPE R4 LUMINAIRE 5 EA $950.00 $4,750.00 5 $4,750.00 5 FURNISHANSTALL TYPE 33B ARM 25 EA $600.00 $15,000.00 25 $15,000.00 6 2" CONDT PVC SCH 80 (T) 1114 LF $15.00 $16,710.00 1114 $16,710.00 7 FURNISH/INSTALL 6' WOOD LIGHT POLE ARM 6 EA $1,000.00 $6,000.00 6 $6,000.00 8 ATBO P303 ARTERIAL LUMINAIRE 6 EA $2,000.00 $12,000.00 6 $12,000.00 9 NO 6 TRIPLEX OH INSULATED ELEC CONDR 1033 LF $8.00 $8,264.00 1033 $8,264.00 Sub -Total of Previous Unit $154,724.00 $154,724.00 Monday, July 14, 2025 Page 2 of 4 City Project Numbers 104793 Contract Name Chisholm Trail Ranch Section 3 Phase 3 Contract Limits Project Type STREETLIGHT IMPROVEMENTS Project Funding Contract Information Summary Original Contract Amount Change Orders Total Contract Price DOE Number 4793 Estimate Number 1 Payment Number 1 For Period Ending 9/9/2025 $154,724.00 $154,724.00 Total Cost of Work Completed $154,724.00 Less % Retained $0.00 Net Earned $154,724.00 Earned This Period $154,724.00 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 $154,724.00 Monday, July 14, 2025 Page 3 of 4 City Project Numbers 104793 Contract Name Chisholm Trail Ranch Section 3 Phase 3 Contract Limits Project Type STREETLIGHT IMPROVEMENTS Project Funding Project Manager NA Inspectors G. DEYON / S. WESTER Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 DOE Number 4793 Estimate Number 1 Payment Number 1 For Period Ending 9/9/2025 City Secretary Contract Number Contract Date Contract Time 120 WD Days Charged to Date 102 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 $154,724.00 Less % Retained $0.00 Net Earned $154,724.00 Earned This Period $154,724.00 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 $154,724.00 Monday, July 14, 2025 Page 4 of 4 FORTWORTH. M, TRANSPORTATION AND PUBLIC WORKS July 3, 2025 Conatser Construction 5327 Wichita St. Ft. Worth, TX 76119 RE: Acceptance Letter Project Name: Chisholm Trail Ranch Section 3, Phase 3 Project Type: Stree Lights City Project No.: 104793 To Whom It May Concern: On February 18, 2025 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 February 18, 2025, 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, Contractor Meritage Homes of Texas, LLC, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev. 08/20/19 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: 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` KATHERINE ROSE P—N —' Notary Public State of Texasff)Notary Public in Tarrant County, Texas My Co Ny P Co 133467933Ex 9r OF �4 Commission Expires November 30, 2026 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0256211 PROJECT: (name, address)Chisholm Trail Ranch Section 3 Phase 3 - Utilities & Paving TO (Owner) Fort Worth. TX MERITAGE HOMES OF TEXAS, LLC AND THE CITy7 ARCHITECT'S PROJECT NO: OF FORT WORTH CONTRACT FOR: 8840 Cypress Waters Blvd., Suite 100 Chisholm Trail Ranch Section 3 Phase 3 - Utilities & Paving Dallas TX 75019 —J CONTRACT DATE: CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) MERITAGE HOMES OF TEXAS, LLC AND THE CITY OF FORT WORTH 8840 Cypress Waters Blvd., Suite 100 Dallas TX 75019 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this 23rd day of ,July, 2024 BERKLEY INSURANCE COMPANY Surety Company ` I �, Attest: �Zpk-L-Z �7 ,kr' (Seal): Signatdre of Authorized Representative Sochinie Hunter Attorney -in -Fact Title 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-72801-el POWER OF 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; Robb! Morales; Kelly A. Westbrook; Tina 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.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, 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. LN UTENTESS WHEREOF, the Company has caused these presents to be. signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2`4 day of May . 2024 ,,19Ary p Attest_ Berkley Insurance Company c• r / o'. BY K BY Philip S\I t Sanwa* Executive Vice President &- Secretary Senior Vice President STATE OF CONNECTICUT ) ) ss. COUNTY OF FAIRFIELD Sworn to before me, a Flotmy Public in the State of Connecticut, this 2", day of May 2024 , by Philip S. Welt and Jeffrey M. Tlafter who are sworn to nee to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company. NOTARY KOW Notary Public., State of Connecticut 00NN = WCOMMWdW OPF $ 04-M20a CERTIFICATE I, the undersigned„ Assistant: Secretary of BERKLEY RvSURA'+ CE COMPA,N-Y, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded :and that the authority of the. Attorney -in -Fact set fortis therein, who executed the bond or undertaking to which this Power of Attcr ttL hed, is in full force and effect as ofthis date. " i 3 uncler my hand and seal of the Company; this 23 rd day o f July 2024 Sk::1:I.E�; Vincent, P. Forte CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0256212 PROJECT: (name, addreSS)Chisholm Trail Ranch Sec 3 Ph 3 - Street Lighting Improvements TO (Owner) Fort Worth TX MERITAGE HOMES OF TEXAS, LLC AND THE CITY ARCHITECT'S PROJECT NO: OF FORT WORTH CONTRACT FOR: 8840 Cypress Waters Blvd., Suite 100 Chisholm Trail Ranch Section 3 Phase 3 - Street Lighting Improvements Dallas TX 75019 CONTRACT DATE: CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) MERITAGE HOMES OF TEXAS, LLC AND THE CITY OF FORT WORTH 8840 Cypress Waters Blvd., Suite 100 Dallas TX 75019 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: 1. � ft1CkC� (Seal): 23rd day of July, 2024 BERKLEY INSURANCE COMPANY Surety Company Signature of Authorized Representative Sonhinie Hunter Title Attornev-in-Fact NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE No. BI-72801-el POWER OF 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 Saunders; Tonie Petranek; or Mfkaela 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 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. D; IkrITNE:SS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this T'a day of Mav . 20.24 . Aitest: --) Berkley insurance Company Sl k.I. J; By l:��� iQ1 By Philip S ` welt lei J Executive Vice President & Secretary Senior Vice President STATE OF CONNECTICUT) ) ss: COUNTY OF EA MFIELD Sworn to before me, a :Votary Public in the State of Connecticut, this 2`4 day of Mav .. 2024 . by Philip S. Welt and Jeffrey M. Hai%r who are sworn to me to be the Executive Vice President and Secretary, and the 'Senior Vice President, respectively, of Berkley Insurance Company, f i VAPM.C. . f' '-�- NOTARY P :Votary Public, State of Connecticut CONMCMUT WPM l 04 CERTIFICATE I; the undersigned, Assistant Secretary of BERKLEY INSURA XE COMPANY, DO HEREBY CERTIFY that the fore -going is a true, correct and complete copy of the original Power of Attorney; that said mower of Attorney has not been revoked or rescinded and that.rl:q authority of the Attorney -in -Fact set forth therein, who executed the bond or urrdertaking to which this Power of `A,. co ed, is in full force anti effect as ofthis date. Jul2024 ` r ender ruy hand and seal of the Company, this 23rd day of y €�a vincesrt. P. Forte AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a Notary Public in the state and county aforesaid, on this day personally appeared Brock Huggins, President of Conatser Management Group, Inc., general partner of Conatser Construction TX. LP, known to me to be a credible person, who being by me duly sworn, upon his oath deposed and said: That all persons, firms, associations, corporations or other organizations furnishing labor and/or materials have been paid in full; That the wage scale established by the City Council in the City of Fort Worth, has been paid in full; and That there are no claims pending for personal injury and/or property damages; On Contract described as: 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` KATHERINE ROSE P—N —' Notary Public State of Texasff)Notary Public in Tarrant County, Texas My Co Ny P Co 133467933Ex 9r OF �4 Commission Expires November 30, 2026 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0256211 PROJECT: (name, address)Chisholm Trail Ranch Section 3 Phase 3 - Utilities & Paving TO (Owner) Fort Worth. TX MERITAGE HOMES OF TEXAS, LLC AND THE CITy7 ARCHITECT'S PROJECT NO: OF FORT WORTH CONTRACT FOR: 8840 Cypress Waters Blvd., Suite 100 Chisholm Trail Ranch Section 3 Phase 3 - Utilities & Paving Dallas TX 75019 —J CONTRACT DATE: CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) MERITAGE HOMES OF TEXAS, LLC AND THE CITY OF FORT WORTH 8840 Cypress Waters Blvd., Suite 100 Dallas TX 75019 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this 23rd day of ,July, 2024 BERKLEY INSURANCE COMPANY Surety Company ` I �, Attest: �Zpk-L-Z �7 ,kr' (Seal): Signatdre of Authorized Representative Sochinie Hunter Attorney -in -Fact Title 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-72801-el POWER OF 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; Robb! Morales; Kelly A. Westbrook; Tina 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.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, 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. LN UTENTESS WHEREOF, the Company has caused these presents to be. signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2`4 day of May . 2024 ,,19Ary p Attest_ Berkley Insurance Company c• r / o'. BY K BY Philip S\I t Sanwa* Executive Vice President &- Secretary Senior Vice President STATE OF CONNECTICUT ) ) ss. COUNTY OF FAIRFIELD Sworn to before me, a Flotmy Public in the State of Connecticut, this 2", day of May 2024 , by Philip S. Welt and Jeffrey M. Tlafter who are sworn to nee to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company. NOTARY KOW Notary Public., State of Connecticut 00NN = WCOMMWdW OPF $ 04-M20a CERTIFICATE I, the undersigned„ Assistant: Secretary of BERKLEY RvSURA'+ CE COMPA,N-Y, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded :and that the authority of the. Attorney -in -Fact set fortis therein, who executed the bond or undertaking to which this Power of Attcr ttL hed, is in full force and effect as ofthis date. " i 3 uncler my hand and seal of the Company; this 23 rd day o f July 2024 Sk::1:I.E�; Vincent, P. Forte CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0256212 PROJECT: (name, addreSS)Chisholm Trail Ranch Sec 3 Ph 3 - Street Lighting Improvements TO (Owner) Fort Worth TX MERITAGE HOMES OF TEXAS, LLC AND THE CITY ARCHITECT'S PROJECT NO: OF FORT WORTH CONTRACT FOR: 8840 Cypress Waters Blvd., Suite 100 Chisholm Trail Ranch Section 3 Phase 3 - Street Lighting Improvements Dallas TX 75019 CONTRACT DATE: CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) MERITAGE HOMES OF TEXAS, LLC AND THE CITY OF FORT WORTH 8840 Cypress Waters Blvd., Suite 100 Dallas TX 75019 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: 1. � ft1CkC� (Seal): 23rd day of July, 2024 BERKLEY INSURANCE COMPANY Surety Company Signature of Authorized Representative Sonhinie Hunter Title Attornev-in-Fact NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE No. BI-72801-el POWER OF 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 Saunders; Tonie Petranek; or Mfkaela 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 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. D; IkrITNE:SS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this T'a day of Mav . 20.24 . Aitest: --) Berkley insurance Company Sl k.I. J; By l:��� iQ1 By Philip S ` welt lei J Executive Vice President & Secretary Senior Vice President STATE OF CONNECTICUT) ) ss: COUNTY OF EA MFIELD Sworn to before me, a :Votary Public in the State of Connecticut, this 2`4 day of Mav .. 2024 . by Philip S. Welt and Jeffrey M. Hai%r who are sworn to me to be the Executive Vice President and Secretary, and the 'Senior Vice President, respectively, of Berkley Insurance Company, f i VAPM.C. . f' '-�- NOTARY P :Votary Public, State of Connecticut CONMCMUT WPM l 04 CERTIFICATE I; the undersigned, Assistant Secretary of BERKLEY INSURA XE COMPANY, DO HEREBY CERTIFY that the fore -going is a true, correct and complete copy of the original Power of Attorney; that said mower of Attorney has not been revoked or rescinded and that.rl:q authority of the Attorney -in -Fact set forth therein, who executed the bond or urrdertaking to which this Power of `A,. co ed, is in full force anti effect as ofthis date. Jul2024 ` r ender ruy hand and seal of the Company, this 23rd day of y €�a vincesrt. P. Forte