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HomeMy WebLinkAboutContract 47661-FP1 Department f TP &W Const. Services CPN#Project �n1 g Date Q Risk t ane er / �T �RT H Risk Managemen a�ad� .. 1 1 D.O.E. Brotherton CFA Morales/Scanned -7 CITY SECRETAW w�' Gutzler/Scanned 3—ab•tCONTRACT NO. The Proceeding people have een�.ontacted concerning the request for final payment& have TATION AND PUBLIC WORKS released this project for such payment. F PROJECT COMPLETION '(Developer Projects) Clearance Conducted By /ca�me�az � �7 rn !S �� City Project Ns: 02703 Com!'/7 d S,#q74 d/ Regarding contract 02703 for PRIMROSE CROSSING PHASE 3B 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: $67,595.08 Amount of Approved Change Orders: No Revised Contract Amount: Total Cost Work Completed: $67,595.08 I J, L[I -71 11 Recommended for Acceptance Date Asst. Director, TPW - Infrastructure Design and Construction GJ. zJ 7//-7 Acceptedi Date Director, TRABNaRORTAA & PUBLIC WORKS Asst. Cit anager Date Comments: OFFICIAL FMCORD APR 1 .2017 4 p`f;. � ` Rev.9/22/16 WWI r, FORT WORTH r' CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name PRIMROSE CROSSING,PHASE 3B Contract Limits Project Type STREET LIGHT City Project Numbers 02703 DOE Number 2703 Estimate Number 1 Payment Number I For Period Ending 3/20/2017 CD City Secretary Contract Number Contract Time AID Contract Date Days Charged to Date 234 Project Manager NA Contract is 100.00 Complete Contractor INDEPENDENT UTILITY CONSTRUCTION 5109 SUN VALLEY DRIVE FORT WORTH, TX 76119 Inspectors DICKINSON / CROWLEY Monday,March 20,2017 Page 1 of 4 City Project Numbers 02703 DOE Number 2703 Contract Name PRIMROSE CROSSING,PHASE 3B Estimate Number I Contract Limits Payment Number I Project Type STREET LIGHT For Period Ending 3/20/2017 Project Funding STREET LIGHT Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No, Quanity Tota► Quanity Total 1 2"CONDT PVC SCH 80 1684 LF $9.42 $15,863.28 1684 $15,863.28 2 GROUND BOX TYPE B W/APRON 5 EA $362.00 $1,810.00 5 $1,810.00 3 RDWY ILLUM ASSEMBLY 15 EA $1,292.00 $19,380.00 15 $19,380.00 4 LED LIGHTING FIXTURE 15 EA $510.00 $7,650.00 15 $7,650.00 5 RDWY ILLUM FOUNDATION 15 EA $1,223.00 $18,345.00 15 $18,345.00 6 6-6-6 TRIPLEX ALUM ELEC CONDUCTOR 1684 LF $2.70 $4,546.80 1684 $4,546.80 Sub-Total of Previous Unit $67,595.08 $67,595.08 Monday,March 20,2017 Page 2 of 4 City Project Numbers 02703 DOE Number 2703 Contract Name PRIMROSE CROSSING,PHASE 313 Estimate Number I Contract Limits Payment Number I Project Type STREET LIGHT For Period Ending 3/20/2017 Project Funding Contract Information Summary Original Contract Amount $67,595.08 Chante Orders Total Contract Price $67,595.08 DateTotal Cost of Work Completed $67,595.08 Contractor Less %Retained $0.00 ALAI Aali— 2� / Net Earned $67,595.08 Date li spection Supervisor Earned This Period $67,595.08 6 ( l� Retainage This Period $0.00 d Date Less Liquidated Damages Pr JectManag&J Days @ /Day $0.00 Date 1 LessPavement Deficiency $0.00 irectorr/TPPW-Infrastructure Design and Construction Less Penalty $0.00 f W. W ateLess Previous Payment $0.00 Direc /Contracting Departm t Plus Material on Hand Less 15% $0.00 Balance Due This Payment $67,595.08 Monday,March 20,2017 Page 3 of 4 City Project Numbers 02703 DOE Number 2703 Contract Name PRIMROSE CROSSING,PHASE 313 Estimate Number I Contract Limits Payment Number I Project Type STREET LIGHT For Period Ending 3/20/2017 Project Funding Project Manager NA City Secretary Contract Number Inspectors DICKINSON / CROWLEY Contract Date Contractor INDEPENDENT UTILITY CONSTRUCTION Contract Time 30 CD 5109 SUN VALLEY DRIVE Days Charged to Date 234 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 $67,595.08 Less %Retained $0.00 Net Earned $67,595.08 Earned This Period $67,595.08 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 $67,595.08 Monday,March 20,2017 Page 4 of 4 FORTWORTH. TRANSPORTATION AND PUBLIC WORKS STATEMENT OF CONTRACT TIME STATEMENT# FINAL STATEMENT# 1 Pro# 2703 NAME OF PROJECT: Primrose Crossing,Phase 3-B Contractor Independent Util YEAR:j 2016 PROJECT NO.: FINAL INSPECTION DATE 7/18/2016 2703 1 WD CD CONTRACT TIME 160 1 X PERIOD FROM: 1 3/1/2017 TO: 3/15/2017 BEG - Month I DEVELOPMENT (1 /\)I N WORK ORDER EFFECTIVE: 1 4/25/2016 V MID V I r n 146.3% DAY OF MONTH DAYS REASON FOR DAY OF MONTH DAYS REASON FOR CHARGED DAYS CREDITED CHARGED DAYS CREDITED 1 Wed 1 N/A 16 N/A 2 Thu 1 N/A 17 N/A 3 Fri 1 N/A 18 N/A 4 Sat 1 N/A 19 N/A 5 Sun 1 N/A 20 N/A 6 Mon 1 N/A 21 N/A 7 Tue 1 N/A 22 N/A 8 Wed 1 N/A 23 N/A 9 Thu 1 N/A 24 N/A 10 Fri 1 N/A 25 N/A 11 Sat 1 N/A 26 N/A 12 Sun 1 N/A 27 N/A 13 Mon 1 N/A 28 N/A 14 Tue 1 N/A 29 N/A 15 Wed 1 N/A 30 N/A 31 N/A NA Wkn&Hol Wea Utl 0th Not Applicable SAT,SUN,and WEATHER UTILITIES OTHERS DAYS TOTAL DAYS HOLIDAYS RELOCATE CHARGED THIS PERIOD 0 0 0 0 0 PREVIOUS PERIOD 0 234 234 TOTAL TO DATE 0 0 0 0 234 234 REMARKS: Time Was Stopped 12/14/2016 Signature: r Signatur . (Print Name) U f (Print ame) John Crowley CONTRACTOR DATE INSPECTOR DATE 3/14/2017 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT F-1 CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ OTHER (SIMILAR TO AIA DOCUMENT G707) Bond No. 7992079 PROJECT: Primrose Crossing, Phase 313 (name,address)Fort Worth, Texas TO (Owner) ARCHITECT'S PROJECT NO: F—City of Fort Worth I 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 Throcicmorton 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 WESTFIEL URANCE COMPANY Surety Comp By Signatur f Authorized Representative Attest: (Seal): Kyle W. Sweeney Attorney—in—Fact Title Note:This form is intended td be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims,Current Edition 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 Attorney(s)-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 ,�,,,..urwrHry, ,,,.r..n u.,..., ,,,,,..ru..n,q,, Corporate ,r>tt�uR'���C� �`'���%ONALZ �" �usul WESTFIELD INSURANCE COMPANY -`r ..• '1s�'' WESTFIELD NATIONAL INSURANCE COMPANY Affixed :v' •''�,` OHIO FARMERS INSURANCE COMPANY SEAL SEAL :M E 3�. tiO3 y _O�•' � •. enc. �� ;� o. :, 18419 %� ••''•......r''f �S•tii X77•' O••.• •�• 4 By: � NmurNtMn '•4r,,,k u„. n'4.iuuoaP`'.•• B 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 Seal ��`��%A f_ Affixed William J. Kahelin,A rney at Law, Notary Public State of Ohio N do My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: .,,tiE OFO. 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 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 21st day of Ma1C11 ,„A D�.r,,,, 201.7 ` L4U111.(k �P(1nNA���5, r �%SU i 4 i SEAL :A J =_f-' • litaL+ •m- ,o ki. �i�t Secretary ;•.� y. 1848. Frank A. Carrino, Secretary EIPOAC2 (combined) (06-02) 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: Primrose Crossing Phase 3B - City Project No. 02703 BY: Richard Wol e, Vice President : " SUBSCRIBED AND SWORN TO BEFORE ME on this I day of ' 2017. i CHRISTINA GARCIA ��1PPY PVB is 2 Notary Public, State of Texas Notary Public' State of Texas Comm. Expires 12-20-2020 i�' OF•'���• Notary ID 130940785 5109 Sun Valley Drive ° 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: Primrose Crossing Phase 3B City Project No.: 02703 The purpose of this letter is to acknowledge that Independent Utility Construction, Inc. (the "Contractor") has been paid in full by First Texas Homes, Inc. (the "Developer") for the public improvements constructed to serve Primrose Crossing Phase 3B 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. Sinc ely, t Richard Wolfe Vice President FORTWORTHREV:02/20/07 TRANSPORTATION AND PUBLIC WORKS PERFORMANCE EVALUATION OF CONTRACTOR I) CONTRACTOR&PROJECT DATA Name of Contractor Project Name Independent Utility Construction,Inc. Primrose Crossing Phase 3-13 DOE Inspector DOE Number John Crowley CPN#2703 DOE Inspector• Project Manager ❑ water E] Waste Water❑ Storm Drainage❑ Pavement Khal Jaafari Initial Contract Amount Project Difficulty $67,595.08 O Simple Routine O Complex Final Contract Amount Date $67,595.08 3/22/2017 II)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 2 60 30 5 Work Performed 15 Y 3 60 45 6 Finished Product 15 Y 3 60 45 7 Job Site Safety 15 Y 3 60 45 8 Traffic Control Maintenance 15 Y 3 60 45 9 Daily Clean Up 5 Y 3 20 15 10 Citizen's Complaint Resolution 5 l' 3 20 15 11 Property Restoration 5 Y 3 20 15 12 After Hours Response 5 Y 3 20 15 13 Project Completion 5 Y 1 2 20 10 TOTAL ELEMENT SCORE(A) 316 BONUS POINTS(25 Maximum)(B) TOTAL SCORE(TS) 316 III)CONTRACTOR'S RATING Maximum Score(MS)=448 or sum of applicable element score maximums which= 448 Rating( [TS/MS] * 100%) 316 / 448 = 71% Performance Category Good <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) r Signature DOE Inspector Signature Contractor Signature DOE Inspector's Supervisor CONTRACTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS r The City of Fort Worth• 1000 Throckrnorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fax: (817) 392-7845 FORTWORTHREV:02/22/07 TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY I)PROJECT INFORMATION Date: 3/22/2017 Name of Contractor Project Name Independent Utility Construction,Inc. Prinnrose Crossing Phase 3-13 DOE Inspector Pr•ojecl Manager John Crowley Khal Jaafari _ DOE Number Projecl Difftoulty Tj pe of Contract CPN#2703 O Simple Q Routine Q Complex r$67,595.08 Water[:] Waste Water[] storm Drainages Pavement Initial Contract Amount al Contract Anrounl $67,595.08 II)PERFORMANCE EVALUATION 0- Inadequate 1 -Deficient 2-Standard 3 -Good 4-Excellent ELEMENT RATING ELEMENT RATING (0-4) (0-4) INSPECTION EVALUATION 4 PLANS&SPECIFICATIONS 1 Availability of Inspector 1 Accuracy of Plans to Existing Conditions 2 Knowledge of Inspector 2 Clarity& Sufficienc of Details 3 Accuracy of Measured Quantities 3 A plicability 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 I Knowledge And/Or Problem Resolution ADMINISTRATION 2 Availability of Project Manager I Change Order Processing Time 3 Communication 2 Timliness of Coll actor Payments 4 Resolution of Utility Conflicts 3 Bid O eningto Pre-Con Meeting Timeframe III)COMMENTS&SIGNATURES COMMENTS this is for theElectrical street lights Ect. Signature Contractor Signature DOE Inspector / Signature DOE Inspector's Supervisor INSPECTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS � t� The City of Fort Worth• 1000 Throclunorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fax: (817)392-7845 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: Primrose Crossing Phase 3B - City Project No. 02703 BY: RichardWol e, Vice President SUBSCRIBED AND SWORN TO BEFORE ME on this day of U ' 2017. �.y... C aP, CHRISTINA GARCIA Notary Public, State of Texas Notary Public State of Texas vr. Q� Comm.Expires 12-20-2020 i,,,,,,��� Notary ID 130940785 5109 Sun Valley Drive 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: Primrose Crossing Phase 3B City Project No.: 02703 The purpose of this letter is to acknowledge that Independent utility Construction, Inc. (the "Contractor") has been paid in full by First Texas Homes, Inc. (the "Developer") for the public improvements constructed to serve Primrose Crossing Phase 3B 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. Sinc ely, i��( Richard Wolfe Vice President 5109 Sun Valley Drive f Fort Worth,Texas 76119 817-478-4444 www.iuctx.com March 21,2017 Project Name: Primrose Crossing Phase 3B City Project Number: 02703 Please accept this letter as our formal acknowledgement to the City of Fort Worth that Independent Utility Construction, Inc., the Street Light Contractor for Primrose Crossing Phase 3113, has not been assessed any liquidated damages under its contract with First Texas Homes,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 CONTRACTOR TO FINAL PAYMENT SURETY ❑ OTHER (SIMILAR TO AIA DOCUMENT G707) Bond No. 7992079 PROJECT: Primrose Crossing, Phase 313 (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 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 Signatur of Authorized 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 1­1I5 5AMt POWER#AND ISSUED PRIOR TO 04120111, 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 Attorney(s)-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)An-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 w.mv,+q,,, ,o.un,•••",, ,,,....,a,a, Corporate 1, ",�SUQ�;,, WESTFIELD INSURANCE COMPANY Seals '\ C `•,�P��ONA(�Ns''- WESTFIELD NATIONAL INSURANCE COMPANY Affixed �v: .a�+ `tom o; P: ,'*:' — '. s OHIO FARMERS INSURANCE COMPANY 4 l• v _ LL: SERI. :0 "�:�HARIERfp M. 'n; 1848 By. 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;arid that he signed his name thereto by like order. Notarial OIAW4.14",, Seal A L S o, Affixed A, F" William J. Kahelin,A rney at Law, Notary Public State of Ohio N d qwp 0 My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: 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 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 21St day of March _a°,,,, 201'7 ,0\\�Sutr.�k�As,, P\\ONAk vM.4M ~~ •..`�Ll,�. ''J� 'O`•C��ARiERE�? 3 / /Y_ I t T .cn; Secret x ':•1848 :!_ Frank A. Carrino,_Secretary BPOAC2 (combined) (06-02) FIRST,, TEXAS° HOMES March 27, 2017 Mr. Richard Wolfe Independent Utility Construction, Inc. 5109 Sun Valley Drive Fort Worth,Texas 76119 Re: Contract for Primrose Crossing, Phase 3B City Project No.47662 Dear Trey: This letter will document that First Texas Homes confirms that Independent Utility Construction, Inc. has completed the Work associated with the above-referenced contract in an appropriate time frame, subject to completion of any warranty or maintenance work as identified and required by the City of Fort Worth, and that no liquidated damages will be assessed by First Texas Homes in connection with the Work. First Texas Homes, Inc. L Keith Hardesty Cc: John Crowley, City of Fort Worth Pete Werner 500 Crescent Court,Suite 350 • Dallas,Texas 75201 • 214-613-3400 • Fax 2"14-432-0350 www.l,irst'l'cxaslloYncs.coin