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HomeMy WebLinkAboutContract 46984-FP1 Department of TP &W Const.Services Ct'N# Date Project Manager— Risk Managementanad � ITWORTH,D.O.E. Brotherton CFA Westerman/Scanned �.(j,r_T_ CITY SECRETARY Esteban Perez/Scanned jtw�r , CONTRACT NO. �I(PSI L�' The Proceeding people have been Contacted concerning the request for final payment& have 'ATION AND PUBLIC WORKS released this project for such payment. IF PROJECT COMPLETION beveloper Projects) Clearance Conducted By �/aime� j C � l City Project Ne: 02280 es# '1498 Regarding contract 117226 for KROGER SW 532 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: $201,733.27 Amount of Approved Change Orders: Ns Revised Contract Amount: Total Cost Work Completed: $201,733.27 c Recommended for Acceptance Dat Asst. Director, TPW - Infrastructure Design and Construction LJ, 1„J 31311) Accepted Date Director, TRANSPORTATI N & PUBLIC WORKS ow Asst. City Manager Date Comments: 71 1;PV1 IN Rev.9/22/16 ini2ia1'.: FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name WATER,SEWER,P&D IMPROVEMENTS TO SERVE KROGER SW 532 Contract Limits Project Type PAVING&DRAINAGE City Project Numbers 02280 DOE Number 7226 Estimate Number I Payment Number 1 For Period Ending 1/9/2017 CD City Secretary Contract Number 117226 Contract Time 366D Contract Date 7/29/2015 Days Charged to Date 485 Project Manager Long Contract is 100.00 Complete Contractor COLLINS&ARNOLD CONSTRUCTION CO.,LLC 6111 PEACHTREE DUNWOODY RD BLDG B,SUI ATLANTA, GA 30328 Inspectors RODGERS / SALAZAR I i Monday,January 9,2017 Page 1 of 5 City Project Numbers 02280 DOE Number 7226 Contract Name WATER,SEWER,P&D IMPROVEMENTS TO SERVE KROGER SW 532 Estimate Number I Contract Limits Payment Number 1 Project Type PAVING&DRAINAGE For Period Ending 1/9/2017 Project Funding UNIT III:DRAINAGE IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 4'DROP MANHOLE I EA $1,710.00 $1,710.00 1 $1,710.00 2 18"RCP CLASS III 103 LF $19.00 $1,957.00 103 $1,957.00 3 24"RCP CLASS III 240 LF $23.00 $5,520.00 240 $5,520.00 4 30"RCP CLASS III 72 LF $29.00 $2,088.00 72 $2,088.00 5 42"RCP CLASS III 49 LF $43.00 $2,107.00 49 $2,107.00 6 48"RCP CLASS III 84 LF $59.00 $4,956.00 84 $4,956.00 7 5'STORM JUNCTION BOX 1 EA $2,190.00 $2,190.00 1 $2,190.00 8 24"SET 1 PIPE 3 EA $621.00 $1,863.00 3 $1,863.00 9 10'RECESSED INLET 1 EA $1,750.00 $1,750.00 1 $1,750.00 10 20'RECSSED INLET 2 EA $2,150.00 $4,300.00 2 $4,300.00 11 T GRATE INLET 1 EA $2,765.00 $2,765.00 1 $2,765.00 12 REMOVE 33"STORM LINE 18 LF $6.00 $108.00 18 $108.00 13 33"STORM ABANDONMENT PLUG I EA $157.00 $157.00 1 $157.00 14 STORM LINE GROUTING 27 CY $68.00 $1,836.00 27 $1,836.00 15 REMOVE 20'RECESSED INLET 1 EA $225.00 $225.00 1 $225.00 16 SWPP>1 ACRE I LS $120.00 $120.00 1 $120.00 17 TRENCH SAFETY 548 LF $0.25 $137.00 548 $137.00 18 T DROP INLET 1 EA $1,710.00 $1,710.00 1 $1,710.00 Sub-Total of Previous Unit $35,499.00 $35,499.00 UNIT IV:PAVING IMPROVEMEN'T'S ItemDescription of Items Unit Unit Cost Estimated Estimated Completed Completed No. Quanity Total Quanity Total I REMOVE CONC PVMT 266 SY $10.00 $2,660.00 266 $2,660.00 2 REMOVE CONC CURB&GUTTER 1054 LF $10.00 $10,540.00 1054 $10,540.00 3 11"CONC PVMT 872 SY $51.00 $44,472.00 872 $44,472.00 4 7"CONCRETE DRIVEWAY 3543 SF $4.89 $17,325.27 3543 $17,325.27 5 7"CONC CURB AND GUTTER 883 LF $2.50 $2,207.50 883 $2,207.50 6 6"LIME TREATMENT 462 SY $12.00 $5,544.00 462 $5,544.00 7 8"LIME TREATMENT 1021 SY $12.00 $12,252.00 1021 $12,252.00 8 HYDRATED LIME 71.18 TN 71.18 Monday,January 9,2017 Page 2 of 5 City Project Numbers 02280 DOE Number 7226 Contract Name WATER,SEWER,P&D IMPROVEMENTS TO SERVE KROGER SW 532 Estimate Number I Contract Limits Payment Number I Project Type PAVING&DRAINAGE For Period Ending 1/9/2017 Project Funding 9 4"CONC SIDEWALK 3358 SF $3.00 $10,074.00 3358 $10,074.00 10 JOINT SEALANT 945 LF $1.50 $1,417.50 945 $1,417.50 11 BARRIER FREE RAMP TYPE P-1 7 EA $150.00 $1,050.00 7 $1,050.00 12 REFL RAISED MARKER TY I-C 7 EA $15.00 $105.00 7 $105.00 13 LANE LEGEND ARROW 2 EA $150.00 $300.00 2 $300.00 14 8"SLD PVMT MARKING TAPE(W) 386 LF $5.00 $1,930.00 386 $1,930.00 15 TRAFFIC CONTROL I MO $1,000.00 $1,000.00 1 $1,000.00 16 6'CHAIN LINK STEEL 124 LF $8.00 $992.00 124 $992.00 17 REMOVE FENCE 124 LF $2.00 $248.00 124 $248.00 ---------------------------------------- Sub-Total of Previous Unit $112,117.27 $112,117.27 UNIT IV:PAVING IMPROVEMENTS REIMBURSABLE Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 REMOVE SIDEWALK 216 SF $10.00 $2,160.00 216 $2,160.00 2 REMOVE ADA RAMP I EA $50.00 $50.00 1 $50.00 3 REMOVE 12"PVMT MARKING 947 LF $7.00 $6,629.00 947 $6,629.00 4 2"ASPHALT PVMT TYPE D 206 SY $33.00 $6,798.00 206 $6,798.00 5 7"ASPHALT BASETYPE B 206 SY $115.00 $23,690.00 206 $23,690.00 6 BARRIER FREE RAMP TYPE M-I 1 EA $150.00 $150.00 1 $150.00 7 6"LIME TREATMENT 245 SY $12.00 $2,940.00 245 $2,940.00 8 HYRATED LIME 11.76 TN 11.76 9 4"SLD PVMT MARKING TAPE(W) 100 LF $4.00 $400.00 100 $400.00 10 LANE LEGEND ARROW 1 EA $150.00 $150.00 I $150.00 11 REFL RAISED MARKER TY I-C 7 EA $15.00 $105.00 7 $105.00 12 12"SLD PVMT MARKING TAPE(W) 35 LF $7.00 $245.00 35 $245.00 13 24"SLD PVMT MARKING HAE(W) 775 LF $12.00 $9,300.00 775 $9,300.00 14 TRAFFIC CONTROL 1 MO $1,500.00 $1,500.00 1 $1,500.00 Sub-Total of Previous Unit $54,117.00 $54,117.00 Monday,January 9,2017 Page 3 of 5 City Project Numbers 02280 DOE Number 7226 Contract Name WATER,SEWER,P&D IMPROVEMENTS TO SERVE KROGER SW 532 Estimate Number I Contract Limits Payment Number------I-------.-- Project umber. 1—------Project Type PAVING&DRAINAGE For Period E ding 1/9/2017 Project Funding Contract Information Summary Original Contract Amount $201,733.27 Chance Orders Total Contract Price $201,733.27 Date 7i1 1 Total Cost of Work Completed $201,733.27 nt r Less %Retained $0.00 Net Earned $201,733.27 o Date �/ Earned This Period $201,733.27 Inspection S pe Retainage This Period $0.00 ' P Date Less Liquidated Damages o' ct t Manager `� n Days @ /Day $0.00 Date LessPavement Deficiency $0.00 As .Director,/TP1W-Infrastructure Design an Constru tion Less Penalty $0.00 t�• Date 3/3� 7 Less Previous Payment $0.00 Directo ontracting Departme t Plus Material on Hand Less 15% $0.00 Balance Due This Payment $201,733.27 3 Monday,January 9,2017 Page 4 of 5 City Project Numbers 02280 DOE Number 7226 Contract Name WATER,SEWER,P&D IMPROVEMENTS TO SERVE KROGER SW 532 Estimate Number 1 Contract Limits Payment Number I Project Type PAVING&DRAINAGE For Period Ending 1/9/2017 Project Funding Project Manager Long City Secretary Contract Number 117226 Inspectors RODGERS / SALAZAR Contract Date 7/29/2015 Contractor COLLINS&ARNOLD CONSTRUCTION CO.,LLC Contract Time 365 CD 6111 PEACHTREE DUNWOODY RD BLDG B,SUI Days Charged to Date 485 CD ATLANTA, GA 30328 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 $201,733.27 Less %Retained $0.00 Net Earned $201,733.27 Earned This Period $201,733.27 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 $201,733.27 Monday,January 9,2017 Page 5 of 5 FORTWORTH rev 03/05/07 TRANSPORTATION & PUBLIC WORKS FINAL STATEMENT OF CONTRACT TIME FINAL STATEMENT NO.:1 NAME OF PROJECT: 1'roger SW532 PROJECT NO.: 02280 CONTRACTOR: Collins&Arnold DOE NO.: 7226 PERIOD FROM:09/14/15 TO: 02/02/17 FINAL INSPECTION DATE: 2-Feb-17 WORK ORDER EFFECTIVE: CONTRACT TIME: 508 0 Wg* 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. 8. 23. 9. 24. 10. 25. 11. 26. 12. 27. 13. 28. 14. 29. 15. 30. 31. SAT,SUN, RAIN,TOO WET, UTILITIES DAYS TOTAL &HOLIDAYS &TOO COLD RELOCATIONS OTHERS CHARGED DAYS THIS 508 PERIOD PREVIOUS PERIOD TOTALS 508 TO DATE -'REMARKS: O TRACTOR D TE INSPECTOR ATE ENGINEERING DEPARnLENT �~ The City of Fort Worth• 1000 Throckmorton Street•Fort Worth,TX'76012-6311 (817) 392-7941 •Fax: (817) 392-7845 FORTWORTHREV.8/20/16 TRANSPORTATION AND PUBLIC WORKS PERFORMANCE EVALUATION OF CONTRACTOR I) CONTRACTOR&PROJECT DATA Name of Contractor Project Name Collins and Arnold Construction Company,LLC Kroger SW 532 Inspector City Project Number Edwin R.Rodriguez, Sr. 02280 Conshuction Conponews Project Manager ❑ Water❑ Waste Water Storm Drainage[2] Pavement Aaron Long,P.E. Initial Contract Amount ProjectDiculty $201,733.27 0 Simple OQ Routine 0 Complex Final Conti-actAniountDate $201,773.27 2/2/2017 II)PERFORMANCE EVALUATION 0-Inadequate I-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 4 8 8 2 Public Notifications 5 Y 4 20 20 3 Plans on Site 5 Y 4 20 20 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 3 20 15 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 3 20 15 TOTAL ELEMENT SCORE(A) 408 BONUS POINTS(25 Maximum)(B) TOTAL SCORE(TS) 408 III)CONTRACTOR'S RATING Maximum Score(MS)=448 or sum of applicable element score maximums which= 448 Rating(ITS/MS] r 100%) 408 / 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) Inspector Signature Contractor Signature P >� Inspector's Supervisor Signature CONTRACTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth•8851 Camp Bowie West Blvd. •Fort Worth,Thi 76116 • (817)392-8306 FORTWORTHREV:02/22/07 TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY I)PROJECT INFORMATION Date: 2/2/2017 Nance of Contractor Project Name Collins and Arnold Construction Company,LLC. Kroger SW 532 _ DOE Inspector Project Manager Edwin Rodriguez Aaron Long,P.E. DOE Number Project Difficulty T)pe of Contract 7226 1 Q Simple ) Routine Q Complex ❑ Water[:] Waste WaterO Storm Drainage❑✓ Pavement Initial Contract Amount Final Contract Antozint $201,733.27 $201,733.27 II)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 41 1 Accuracy of Plans to Existing Conditions 2 Knowledge of Inspector q 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 L4 PROJECT MANAGER EVALUATION 6 Performance-Setting up Valve Crews,Labs 1 Is'-iowledge 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 Inspector's Supervisor INSPECTOR'S COMMENTS TRzVN- SPORTATION AND PUBLIC WORKS (a The City of Fort Worth • 1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fax: (817) 392-7845 A Southwest Dallas Division 751 Freeport Parkway Coppell, TX 75019 January 25, 2017 Mr. Edwin R. Rodriguez Sr. Construction Inspector TP/W Infrastructure Design & Construction Phone: 817.392.8306 Cell: 817.223.2261 Re:DAL-532—5241 North Tarrant Parkway, Fort Worth, TX 76244 Dear Mr. Rodriguez: Kroger Company will be waiving the liquidated damages on this project as Kroger Texas LP has not been harmed by the delay.With this letter, the liquidated damage issue has been resolved. Thank you for your assistance with this project. Please let me know if you need additional information or assistance. Sincerely, Ron Ramsey Regional Construction Project Manager Mid Central Region Dallas Division RR/ac CONSENT OF SURETY ONVNFR O TO FINAL PAYMENT APCI-HTIiCT CONTRAC'T'OR ❑ AL4 Document G707 SUR M- Y � Bond No. 4135066 OTHER TO OWNER: ARCHITEC'T'S PROJECT NO.: (Name crud addrrs) City of Fort Worth, TX, Developer Kroger Texas LP CON'TRAC'T Z701t: Construction Fort Worth,TX PROJECT; CONTRACT DATED:May 21, 2015 (Name and addr&..<,) CFA#02280 Kroger SW 532 In accordance with the provisions of the contract between the Owner and the Contractor as indic=ated above,the (Insert mmneand addr�ofSuren) Westfield Insurance Company P.O. Box 5001 Westfield Center, OH 44251-5001 SI}R1:TY, on bond of ()nsrn rzamreand addrrarQ�'Cortlractor) Collins and Arnold Construction Company, LLC 6111 Peachtree Dunwoody Road, Bldg B, Suite 102 Atlanta, GA 30328 CONTRACTOR, hereby approves of the final payment to.the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (hxwn nanrcand address ofCivuer) City of Fort Worth, TX, Developer Kroger Texas LP Fort Worth,TX OWNTSR, as set forth in said Surety's Fond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: January 10, 2017 (/»Lara in ter sting the montb jollou-ed by r)x rmanrcr k dare amd ivar,) tsy!" 6r y Westfield Insurance Company =s SEAL By. y- " )�J ;(� ,,,,, (Svgnrunerrofarrtboryzrdrrprt�,rrat;2+e1 IL 4.1 LA Kevin M. Neidert Attorney-in-Fact {Sea)): Marie M. Hartley,Witnes Y (AirNed rtarre umd title) Surety Phone No. 330-887-0101 G'707-1994 Westfield Insurance Co. General 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 their principal offices in Westfield Center,Medina County,Ohio,do by these presents make, constitute and appoint Kevin M.Neidert of Atlanta and State of GA their true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred in their names,place and stead,to execute,acknowledge and deliver the following surety bond: Surety Bond Number: 4135066 Principal: Collins and Arnold Construction Company,LLC Obligee: City of Fort Worth,TX,Developer Kroger Texas LP 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 Attomey(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 cancelling 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 National Surety Leader and Senior Executive and their corporate seals o be hereto affixed this V day of April,A.D.,2014. ,,1,,,,,111,,,,,, WESTFIELD INSURANCE COMPANY 'piNsu i:or?nt,N S\NSUgt WESTFIELD NATIONAL INSURANCE COMPANY Corporate ;,�;��F?• �?bc' `yap.• ,sG'., ��•. Seals ;y: ;�"' 'S q <^ OHIO FARMERS INSURANCE COMPANY Affixes ` SEAL1044 e�tnrt ea By: Dennis P.Bans, National Surety Leader and Senior Executive State of Ohio County of Medina ss.: On thislst day of April,A.D.,2014,before me personally carne Dennis P.Bans,to me known,who,being by me duly swom,did depose and say, that he resides in Wooster,Ohio;that he is National Surety Leader and 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 Board of Directors of said Companies;and that he signed his name thereto by like order. Notarial Y1 P Seal pP011 e�' BY ` Affixed =2%`/�/�'`�C> David A.Katnik,Attorney at Law,Notary Public My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) State of Ohio County of Medina ss.; CERTIFICATE I, Frank Carrino,Secretary of the 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 still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in f4II force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of said Company at Westfield Center,Ohio,this 10th day of January,A-D.,2017. ,, piNSU"''•ti `�tOt�AC \NSU QQ yp........!NSG,,, .By f -�HSEAL . 9 •SEAL ` �ltrt i� 3d =O: �: M= W? D� f0 Frank Carrino,Secretary eti zur• rOo �'•, tE48 ,�a� BPOAC (03-01) CONSENT OF SURETY O\VNFR El TO FINAL PAYMENT ARCMTECT CONTRACTOR El ,AM Document G707 SURD Kl Bond No. 4135060 0TH1R 13 TO OWNER: ARCHITECT'S PROJECT NO.: (Name rind addrez) Kroger Texas LP and TCONTRACT FOR: construction The City of Fort Worth, TX Fort Worth,TX PROJECT. CONTRACT DA.TIrD: (rlI me and adi&W. Maintenance bond for Kroger#034-00532 Fort Worth TX#02280 In accordance vmb the provisions of the Contract between rile Owner and the Contractor as indicated above,the (lawrt murc,a)id addtrer o1sur eta) Westfield Insurance Company P.O. Box 5001 Westfield Center, OH 44251-5001 , SURETY, on bond of (lawn name and add+v;s@fConrrattar) Collins and Arnold Construction Company, LLC 6111 Peachtree Dunwoody Road, Bldg B, Suite 102 Atlanta, GA 30328 CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (locum nanreand adeffivs gfOuwma) Kroger Texas LP and The City of Fort Worth, TX Fort Worth,TX OwNrip, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date; January 9, 2017 (axawrl+n uv ving rhe wonth follomwl ht;the wanerie date ar dr r ar.) tir.sci Westfield Insurance Company SEAL = By. .. (S�gnahrtr ofar+rba9zed trpri�uttatit+n) Attest! '"+n.u i u,,°•. {Sees. __� Kevin M. Neidert Attorney-in-Fact Marie M. Hartley (f'tinrrdnatrreaadrirlr) Surety Phone No. 330-887-0101 G707-1994 Westfield Insurance Co. General 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,"duty organized and existing under the laws of the State of Ohio,and having their principal offices in Westfield Center,Medina County,Ohio,do by these presents make, constitute and appoint Kevin M.Neidert of Atlanta and State of GA their true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred in their naives,place and stead,to execute,acknowledge and deliver the following surety bond: Surety Bond Number: 4135060 Principal: Collins and Arnold Construction Company,LLC Obligee: Kroger Texas LP 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 Attomey(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 Attomey(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 docrunents cancelling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attomey-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 National Surety Leader and Senior Executive and their corporate seals o be hereto affixed this 1"day of April,A.D.,2014. WESTFIELD INSURANCE COMPANY °ptNsu %ONAt %%so Corporate �F?• R?t''' �aeK.•- ••:NS%, S Rty WESTFIELD NATIONAL INSURANCE COMPANY Seals OHIO FARMERS INSURANCE COMPANY Affixed wr7FiALim '` 4�t,RTERFQ'i q; cys o„ le4a By: Dennis P.Bans, National Surety Leader and Senior Executive State of Ohio County of Medina ss.: On thislst day of April,A.D.,2014,before me personally came Dennis P.Bans,to me known,who,being by me duly swom,did depose and say, that he resides in Wooster,Ohio;that he is National Surety Leader and 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 Board of Directors of said Companies;and that he signed his name thereto by like order. ed14 ;#— Notarial RY P Seal `�p..........(le Affixed David A.Kotnik,Attorney at Law,Notary Public My Commission Does Not Expire(See.147.03 Ohio Revised Code) +uu,,, State of Ohio County of Medina ss.: CERTIFICATE I,Frank Carrino,Secretary of the 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 Attomey,executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Board 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 seal of said Company at Westfield Center,Ohio,this 9th day of January,A.D.,2017. .`.......... oaAtu" 1NSoq 1NSU"' AN WP h'' �5........, `yA�. Rq�c 'S p,........, s`, ? Or ,yc� By: :n= ;re,; T, MITER F� -N SEAL - ;h SEALj, m � � Frank Carrino,Secretary sw�•°. 1 ao,; y 1848 o . BPOAC (03-01) AFFIDAVIT STATE OF Georgia COUNTY OF Dekalb Before me,the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Jonathan L Arnold, Vice President Of Collins and Arnold Construction Co., LLC., 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; That there are no claims pending for personal injury and/or property damages; On Contract described as; Right of Way Work for Kroger SW 532 BY �- V Jonathan L Arnold, Vice President Subscribed and sworn before me Uthis date First of March, 2017. 30 boa 'sa �p 6 Not y Public State cc:p W `6 ° 0 s.4vwoo''