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
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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