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HomeMy WebLinkAboutContract 47679-FP4 t , FORTWORTHO CITY SECRETARY CONTRACT N0. TRANSPORTATION AND PUBLIC WORKS NOTICE OF PROJECT COMPLETION (Developer Projects) /)/�j (wA ,l �+'L%',/ 11'2 Cit Project,N2: 100059 Regarding contract 100059 for THE VILLAGES OF EAGLE MOUNTAIN PHASE II as required by the TRANSPORTATION&PUBLIC WORKS as approved by City Council on N/A through M&C N/A the director of the TRANSPORTATION&PUBLIC WORKS upon the recommendation of the Assistant Director of the Transportation&Public Works Department has accepted the project as complete. Original Contract Price: $131,310.94 Amount of Approved Change Orders: Ns Revised Contract Amount: Total Cost Work Completed: $131,310.94 Recommended for Acceptance Dat Asst. Director, TPW - Infrastructure Design and Construction — UL G� / Accepte Date Director, TRANSPORTATION & PUBLIC WORKS ` a" , 2 A . City Manager _ Date Depart `ent of TP&W Const.Services CPN . Project Manager r Comments: Risk Management Canad D.O.E. Brotherton OFFICIAL RECORD ��r����•�CFA Morales/Scanned Gutzler►scanned CITY SECRETARY The Proceeding people have been Con acted OCT 2 017 concerning the request for final payment&have FT.WORTH,TX released this Project for such payment. Rev.9/22/16 , r . Clearance Conducted By. ��'ofa A 1. FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name THE VILLAGES OF EAGLE MOUNTAIN PHASE H Contract Limits Project Type STREET LILGHTS City Project Numbers 100059 DOE Number 0059 Estimate Number I Payment Number I For Period Ending 8/28/2017 CD City Secretary Contract Number Contract Time 15aD Contract Date 3/17/2016 Days Charged to Date 319 Project Manager NA Contract is 100.00 Complete Contractor INDEPENDENT UTILITY CONSTRUCTION 5109 SUN VALLEY DRIVE FORT WORTH, TX 76119 Inspectors DICKINSON / WATSON Monday,August 28,2017 Page I of 4 City Project Numbers 100059 DOE Number 0059 Contract Name THE VILLAGES OF EAGLE MOUNTAIN PHASE II Estimate Number I Contract Limits Payment Number I Project Type STREET LILGHTS For Period Ending 8/28/2017 Project Funding STREET LIGHTS ItemDescription of Items Unit Unit Cost Estimated Estimated Completed Completed No. Quanity Total Quanity Total 1 2"CONDT PVC SCH 80(T) 3181 LF $5.99 $19,054.19 3181 $19,054.19 2 GROUND BOX TYPE B W/APRON 18 EA $196.00 $3,528.00 18 $3,528.00 3 RDWY ILLUM FOUNDATION TY 4 31 EA $1,074.00 $33,294.00 31 $33,294.00 4 RDWY ILLUM POLE D25-6 31 EA $1,719.50 $53,304.50 31 $53,304.50 5 RDWY ILLUM ASSEMBLY 100W HPS COBRA 31 EA $483.00 $14,973.00 31 $14,973.00 FLAT HEAD 6 38 ALUMINUM CONDUCTOR 9543 LF $0.75 $7,157.25 9543 $7,157.25 Sub-Total of Previous Unit $131,31094 $131,310.94 Monday,August 28,2017 Page 2 of 4 City Project Numbers 100059 DOE Number 0059 Contract Name THE VILLAGES OF EAGLE MOUNTAIN PHASE II Estimate Number I Contract Limits Payment Number I Project Type STREET LILGHTS For Period Ending 8/28/2017 Project Funding Contract Information Summary Original Contract Amount $131,310.94 Chane Orders Total Contract Price $131,310.94 Total Cost of Work Completed $131,310.94 C'ontrarLr Less %Retained $0.00 Net Earned $131,310.94 /,t, Date j i Inspec ion Sup ,isor Earned This Period $131,310.94 Retainage This Period $0.00 D,te q c Less Liquidated Damages oject Manager ka Days@ /Day $0.00 4 Date i�ft"[Ili LessPavement Deficiency $0.00 V7Dir lamto/r/-T(� C PW-Infrastructure Design an o/nstruction Less Penalty $0.V700 . Date )6 (� Less Previous Payment $0.00 Director/Contracting Depart ent 7 Plus Material on Hand Less 15% $0.00 Balance Due This Payment $131,310.94 Monday,August 28,2017 Page 3 of 4 City Project Numbers 100059 DOE Number 0059 Contract Name THE VILLAGES OF EAGLE MOUNTAIN PHASE 1I Estimate Number 1 Contract Limits Payment Number 1 Project Type STREET LILGHTS For Period Ending 8/28/2017 Project Funding Project Manager NA City Secretary Contract Number Inspectors DICKINSON / WATSON Contract Date 3/17/2016 Contractor INDEPENDENT UTILITY CONSTRUCTION Contract Time 150 CD 5109 SUN VALLEY DRIVE Days Charged to Date 319 CD FORT WORTH, TX 76119 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 $131,310.94 Less %Retained $0.00 Net Earned $131,310.94 Earned This Period $131,310.94 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 $131,310.94 Monday,August 28,2017 Page 4 of 4 FORT WORTH rev 03/05/07 TRANSPORTATION & PUBLIC WORKS FINAL STATEMENT OF CONTRACT TIME FINAL STATEMENT NO.:1 NAME OF PROJECT: The Villages of Egale Mountain PROJECT NO.: 100059 CONTRACTOR: Independent Utility Construct DOE NO.: 59 PERIOD FROM 05/09/16 TO: 03/16/17 FINAL INSPECTION DATE: 16-Mar WORK ORDER EFFECTIVE:3/24/2017 CONTRACT TIME: 319 Q WR CD DAY OF DAYS REASON FOR DAYS DAY OF DAYS REASON FOR DAYS MONTH CHARGED CREDITED MONTH CHARGED CREDITED DURING DURING 1. 16. 2. 17. 3. 18. 4. 19. 5. 20. 6. 21. 7. 22. S. 23. 9. 24. 10. 25. 11. 26. 12. 27. 13. 28. 14. 29. 15. 30. 31. SAT,SUN, RAIN,TOO WET, UTILITIES OTHERS * DAYS TOTAL &HOLIDAYS &TOO COLD RELOCATIONS CHARGED DAYS THIS 0 0 0 0 319 319 PERIOD PREVIOUS 0 0 0 0 0 0 PERIOD TOTALS 0 00 0 319 319 TO DATE *REMARKS: aA CON RA TO ATE I INSPECTOR DATE ENGINEERING DEPARTA�1ENT S Es` The City of Fort Worth• 1000 Throclnnorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fal: (817) 392-7845 FORTWORTHREV:02/20/07 TRANSPORTATION AND PUBLIC WORKS PERFORMANCE EVALUATION OF CONTRACTOR I) CONTRACTOR&PROJECT DATA Name of Contractor Project Name Indepemdent Utility Construction The Villages Of Eagle Mountain Phase 11 DOE Inspector DOE Number Donald Watson 59 DOE Inspector Project Manager ❑ Water❑ Waste Water❑ Storm Drainage0 Pavement Sahu Gopal Initial Contract Amount ProjectDculty $131,310.94 O Simple QQ Routine O Complex Final Contract Amount Date $131,310.94 8/29/2017 In PERFORMANCE EVALUATION 0-Inadequate 1-Deficient 2-Standard 3-Good 4-Excellent ELEMENT WEIGHT(X) APPLICABLE(Y/N) RATING(0-4) MAX SCORE SCORE 1 Submission of Documents 2 Y 3 8 6 2 Public Notifications 5 Y 3 20 15 3 Plans on Site 5 Y 3 20 15 4 Field Supervision 15 Y 3 60 45 5 Work Performed 15 Y 3 60 45 6 Finished Product 15 Y 4 60 60 7 Job Site Safety 15 Y 4 60 60 8 Traffic Control Maintenance 15 Y 4 60 60 9 Daily Clean Up 5 Y 4 20 20 10 Citizen's Complaint Resolution 5 Y 4 20 20 11 Property Restoration 5 Y 4 20 20 12 After Hours Response 5 Y 4 20 20 13 Project Completion 5 Y 1 4 20 1 20 TOTAL ELEMENT SCORE(A) 406 BONUS POINTS(25 Maximum)(B) TOTAL SCORE(TS) 406 III)CONTRACTOR'S RATING Maximum Score(MS)=448 or sum of applicable element score maximums which= 448 Rating([TS/MS] * 100%) 406 / 448 = 91% Performance Category Excellent <20%=Inadequate 20%to<40%=Deficient 40%to<60%=Standard 60%to<80%=Good >80%=Excellent Inspector's Comments(INCLUDING EXPLANATION OF BONUS POINTS AWARDED) Signature DOE Inspector O�lit/ a"�- Signat re Contractor Signature DOE Inspector's Supervisor CONTRACTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS (D The City of Fort Worth• 1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817) 392-7941 •Fax: (817)392-7845 FORTWORTHREV:0212210' TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY I)PROJECT INFORMATION Date: 8/29/2017 Name of Contractor Project Name Independent Utility Construction The Villages of Eagle Mountain Phase I 1 DOE Inspector Project Manager Donald Watson Sahu Gopal a� DOE Number Project Difficulty Tj pe of Contract 100059 1 O Simple Q Routine r Complex ❑� Water[] Waste Water Storm Drainagr Pavement Initial Contract Amount Final ContractAniount $131,310.94 $131,310.94 ]It)PERFORMANCE EVALUATION 0-Inadequate 1 -Deficient 2-Standard 3 -Good 4-Excellent ELEMENT RATING ELEMENT RATING (0-4) (0-4) INSPECTION EVALUATION PLANS&SPECIFICATIONS 1 Availability of Inspector 1 Accuracy of Plans to Existing Conditions 2 Knowledge of Inspector 2 Clarity&Sufficiency of Details 3 Accuracy of Measured Quantities 3 Applicability of Specifications 4 Display Of Professionalism 4 Accuracy of Plan Quantities 5 Citizen Complaint Resolution PROJECT MANAGER EVALUATION 6 Performance-Setting up Valve Crews,Labs 1 Knowledge And/Or Problem Resolution ADMINISTRATION 2 Availability of Project Manager _ 1 Change Order Processing Time 3 Communication 2 Timliness of Contractor Payments 4 Resolution of Utility Conflicts 3 Bid Opening to Pre-Con Meeting Timeframe III)COMMENTS&SIGNATURES COMMENTS Signature Contractor Signature DOE Inspector .�.Signature DOE DOE Inspector's Supervisor Aee— INSPECTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS (D The City of Fort Worth• 1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fax: (817)392-7845 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT Q CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ OTHER (SIMILAR TO AIA DOCUMENT G707) Bond No. 7992088 PROJECT: The Villages of Eagle Mountain- Phase II (name,address)Fort Worth, Texas TO (Owner) ARCHITECT'S PROJECT NO: F_City of Fort Worth CONTRACT FOR: Above Project 1000 Throclanorton Street Fort Worth, Texas 76102 CONTRACT DATE: CONTRACTOR: Independent Utility Construction, Inc. 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) Westfield Insurance Company 555 Republic Drive, Suite 450 Plano, Texas 75074 ,SURETY COMPANY, on bond of(here insert name and address of Contractor) Independent Utility Construction, Inc. 5109 Sun Valley Drive ,CONTRACTOR, Fort Worth, Texas 76119 hereby approves of the final payment to the Contractor, and agrees that the final payment to the Contractor shall not relieve the Surety Company of any of its obligations to(here insert name and address of Owner) City of Fort Worth 1000 Throclanorton Street Fort Worth, Texas 76102 ,OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this 21st day of March 2017 WESTFIELD,INSURANCE COMPANY Surety Comp By Signatu ut Ahorized Representative Attest: (Seal): Kyle W. Sweeney Attorney—in—Fact Title Note:This form is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims,Current Edition POWER#AND ISSUED PRIOR TO 04/20/11, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220052 06 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company- and collectively as 'Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio,do by these presents make,constitute and appoint CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W.SWEENEY, ELIZABETH GRAY,JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent.as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity& Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.- 'Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.- (Each adopted at a meeting held on February 8,2000). -In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL A.D.,2011 . Corporate •��Uf7�1, C\ONA(_/' �tA U, � WESTFIELD INSURANCE COMPANY Seals .. •••. 0 r``a?• NS''' %'' WESTFIELD NATIONAL INSURANCE COMPANY Affixed v r. .qr = 4 Q: G� "... ��,s ti$ ;�,. :yam' =�'GttARTfQE.�;� OHIO FARMERS INSURANCE COMPANY SEAL . _ �. 0 - .,� as 4 a a State of Ohio ................ Richard L. Kinnaird, Jr.,National Surety Leader and County of Medina ss.: Senior Executive On this 20th day of APRIL A.D.,2011 , before me personally came Richard L. Kinnaird, Jr. to me known,who, being by me duly sworn, did depose and say,that he resides in.Medina, Ohio;that he is Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial `N„«..Nw. ,4 Seal �1 A L 4, Affixed 0 ,.....j;y s 2:ti. _.* ~ William J. Kahelin,A rney at Law,Notary Public State of Ohio N ✓ •• jo My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) County of Medina ss.: y ,ti�'IaFo. I,Frank A..Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby.certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is stili in full force and effect;and furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 21 st day of March 201.;, N A,.w.nrr ,.�`\�Stl i7��C'•.� .�¢-�,� :`k/IyS% r 1EtSUR,�;•,i ,SEAL m= 3�' sac Secretary 1848 •.ti_ »..-•-{ s ¢. Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) 5109 Sun Valley Drive ° ` Fort Worth,Texas 76119 817-478-4444 www.iuctx.com March 21,2017 I City of Fort Worth CFA Administration 1000 Throckmorton St. Fort Worth,TX 76102 Project Name: The Villages of Eagle Mountain Phase 2 City Project No.: 100059 The purpose of this letter is to acknowledge that Independent Utility Construction, Inc. (the "Contractor")has been paid in full by D.R. Horton, Inc.(the"Developer")for the public improvements constructed to serve The Villages of Eagle Mountain Phase 2 in Fort Worth, Texas. As a result, we hereby waive,release and relinquish all rights to assert any claim or demand for lien in connection with this project. Please feel free to contact me with any questions you may have. Sincerely, Richard Wolfe Vice President AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared RICHARD WOLFE,Vice President of INDEPENDENT UTILITY CONSTRUCTION INC., known to me to be a credible person, and after being duly sworn by me, upon his oath deposed and said; "That all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full; That the wage scale established by the City Council in the City of Fort Worth has been paid in full; That there are no claims pending for personal injury and/or property damages; On Contract described as: The Villages of Eagle Mountain Phase 2 - City Project No. 100059 BY: Richard Wolfe,Vice President SUBSCRIBED AND SWORN TO BEFORE ME on this ,2) i st day of 20 1 ".%19"yP�/// CHRISTINA GARCIA L .r° �s Notary public,State of Texas _ Comm.Expires 12-20-2020 Notary Public, State of texas Notary ID 1.30940786 5109 Sun Valley Drive i' Fort Worth,Texas 76119 817-478-4444 www.iuctx.com March 21,2017 Project Name: The Villages of Eagle Mountain Phase 2 City Project Number: 100059 Please accept this letter as our formal acknowledgement to the City of Fort Worth that Independent Utility Construction, Inc., the Street Light Contractor for The Villages of Eagle Mountain Phase 2, has not been assessed any liquidated damages under its contract with D.R. Horton, Inc. If you need any further information in regards to this matter,feel free to contact me. Sincerely, Richard Wolfe,Jr. Vice President AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared RICHARD WOLFE, Vice President of INDEPENDENT UTILITY CONSTRUCTION, INC., known to me to be a credible person, and after being duly sworn by me, upon his oath deposed and said; "That all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full; That the wage scale established by the City Council in the City of Fort Worth has been paid in full; That there are no claims pending for personal injury and/or property damages; On Contract described as: The Villages of Eagle Mountain Phase 2 - City Project No. 100059 BY: Richard Wolfe, Vice President SUBSCRIBED AND SWORN TO BEFORE ME on this day of J2 w,ZPVPU�i�� CHRISTINA GARCIA Notary Public, State of Texas Comm, Expires 12-20-2020 Notary Public, State of texas Not ID 130940785 5109 Sun Valley Drive I i ' Fort Worth,Texas 76119 817-478-4444 www.iuctx.com March 21,2017 City of Fort Worth CFA Administration 1000 Throckmorton St. Fort Worth,TX 76102 Project Name: The Villages of Eagle Mountain Phase 2 City Project No.: 100059 The purpose of this letter is to acknowledge that Independent Utility Construction, Inc. (the "Contractor") has been paid in full by D.R. Horton, Inc. (the"Developer")for the public improvements constructed to serve The Villages of Eagle Mountain Phase 2 in Fort Worth, Texas. As a result, we hereby waive,release and relinquish all rights to assert any claim or demand for lien in connection with this project. Please feel free to contact me with any questions you may have. Sincerely, Richard Wolfe Vice President 5109 Sun Valley Drive I I Fort Worth,Texas 76119 817-478-4444 www.iuctx.com f I March 21,2017 I Project Name: The Villages of Eagle Mountain Phase 2 City Project Number: 100059 Please accept this letter as our formal acknowledgement to the City of Fort Worth that Independent Utility Construction, Inc., the Street Light Contractor for The Villages of Eagle Mountain Phase 2, has not been assessed any liquidated damages under its contract with D.R. Horton, Inc. If you need any further information in regards to this matter,feel free to contact me. Sincerely, Richard Wolfe,Jr. Vice President CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT El CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ OTHER (SIMILAR TO AIA DOCUMENT G707) Bond No. 7992088 PROJECT: The Villages of Eagle Mountain- Phase II (name,address)Fort Worth, Texas TO (Owner) ARCHITECT'S PROJECT NO: F—City of Fort Worth CONTRACT FOR: Above Project 1000 Throckmorton Street Fort Worth, Texas 76102 CONTRACT DATE: CONTRACTOR: Independent Utility Construction, Inc. 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) Westfield Insurance Company 555 Republic Drive, Suite 450 Plano, Texas 75074 ,SURETY COMPANY, on bond of(here insert name and address of Contractor) Independent Utility Construction, Inc. 5109 Sun Valley Drive ,CONTRACTOR, Fort Worth, Texas 76119 hereby approves of the final payment to the Contractor, and agrees that the final payment to the Contractor shall not relieve the Surety Company of any of its obligations to(here insert name and address of Owner) City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 ,OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this 21st day of March 2017 WESTFIELD.INSURANCE COMPANY Surety Comp By SignatutWAutfionzed Representative Attest: (Seal): Kyle W. Sweeney Attorney—in—Fact Title Note:This form is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims,Current Edition THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING I H15 SAML POWER#AND ISSUED PRIOR TO 04/20/11, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220052 06 General Westfield Insurance Co. Power of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company- and collectively as -Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W.SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent-as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the_premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved,that the President, any Senior Executive, any Secretary or any Fidelity& Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." 'Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8,2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL A.D.,2011 . Corporate e.\OIIIRAI",, .• �pNA( �' WESTFIELD INSURANCE COMPANY Seals •..�C�;.� `�P,.• ••NSG, " � SU .fc-a WESTFIELD NATIONAL INSURANCE COMPANY Affixedv .as► a :o: A; �� '•e^ OHIO FARMERS INSURANCE COMPANY -�.. SEAL _'���1tARTEREO$! • , ,t ;.il: :n; :� 184EI ;•�� .,�• ...rte�Sd .,�.• •.O, * 4 ,� k.. B.,,,' y_ State of Ohio "'"•"^" """" Richard L. Kinnaird, Jr., National Surety Leader and County of Medina ss.: Senior Executive On this 20th day of APRIL A.D.,2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say,that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument:that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial "N••°i°11°'°1°ll o ' Seal A L S Affixed A ...... . F William J. Kahelin,A rney at Law, Notary Public State of Ohio so d 'woo My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: ,y I, Frank A.-Carrino, Secretary of WESTFIELD f,NSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby.certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 21 st day of March A.D., ,201'7 .......,, oNA "'fD 3 fi: ••tip'i = `-� _.�,. � 1 Secretary 148 ;•�_ Frank A. Carrine, Secretary WI llll.l.•••,• BPOAC2 (combined) (06-02)