Loading...
HomeMy WebLinkAboutContract 47675-FP3 FORT WORTH CITY SECRETARY���� CONTRACT No. `t'-I 3 TRANSPORTATION AND PUBLIC WORKS NOTICE OF PROJECT COMPLETION (Developer Projects) OFA Sun n eat s/y/�8 City Project NQ: 100033 CS#T7k7-'5' Regarding contract 100033 for AUGUSTA MEADOWS-LIGHTING as required by the as approved by City Council on N/A through M&C N/A the director of the TRANSPORTATION AND PUBLIC WORKS DEPARTMENTS upon the recommendation of the Assistant Director of the Transportation&Public Works Department has accepted the project as complete. h d Original Contract Price: A 1 $47,148.75 ar Amount of Approved Change Orders: ' L y Ns 1 Revised Contract Amount: A c .d $47,148.75 OL w Total Cost Work Completed: C , + o ;� $47,148.75 8. b A rs o d 0.15 o U u 6 ►7 V c a R+ o"xv, O end � O4 w ea AVa`, p� A � U Nw U Recommend tance Date Asst. DirectopP - Development Services Accepted I & Date Director Asst. City Manager Date ,, !66 7 8 g r .-�.,._.__ O `L X OFFICIAL RECORD a me ,�`�, CITY SECRETARY \ f:'T. WORTH,TX Rev.9/2 L g FORT WORTH CITY OF FORT WORTH PARTIAL PAYMENT REQUEST Contract Name AGUSTA MEADOWS Contract Limits Project Type LIGHTING City Project Numbers 100033 DOE Number 3300 Estimate Number 1 Payment Number 1 For Period Ending 3/2/2017 Project Funding CD City Secretary Contract Number Contract Time 180 CD Contract Date Days Charged to Date 351 Project Manager NA Contract is 100.00 Complete Contractor INDEPENDENT UTILITY CONSTRUCTION,INC. 5109 SUN VALLEY FORT WORTH, TX 76119 Inspectors DICKINSON / WATSON,D Friday,April 27,2018 Page 1 of 4 City Project Numbers 100033 DOE Number 3300 Contract Name AGUSTA MEADOWS Estimate Number I Contract Limits Payment Number I Project Type LIGHTING For Period Ending 3/2/2017 Project Funding UNIT V:STREET LIGHTING IMPROVEMENTS ItemDescription of Items Unit Unit Cost Estimated Estimated Completed Completed No. Quanity Total Quanity Total 1 RELOCATE STREET LIGHT POLE I EA $3,299.00 $3,299.00 1 $3,299.00 2 RDWY ILLUM FOUNDATION TY 1,2,AND 4 10 EA $1,535.00 $15,350.00 10 $15,350.00 3 RDWY ILUM ASSEMBLY TY 8,11,D-25 AND D- 10 EA $2,182.00 $21,820.00 10 $21,820.00 30 4 2"CONDT PVC 80(T) 385 LF $13.78 $5,305.30 385 $5,305.30 5 #8 ALUMINUM CABLE 385 LF $3.57 $1,374.45 385 $1,374.45 Sub-Total of Previous Unit $47,148.75 $47,148.75 Friday,April 27,2018 Page 2 of 4 City Project Numbers 100033 DOE Number 3300 Contract Name AGUSTA MEADOWS Estimate Number I Contract Limits Payment Number I Project Type LIGHTING For Period Ending 3/2/2017 Project Funding Contract Information Summa>ty Original Contract Amount $47,148.75 Change Orders Total Contract Price $47,148.75 Total Cost of Work Completed $47,148.75 Inspection Supervisor Less %Retained $0.00 Net Earned $47,148.75 L Date S- Earned This Period $47,148.75 oject Manager � / � (/ Retainage This Period $0.00 J W. IJ Date O Less Liquidated Damages Direc r/Contracting Departme t Days @ /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 $47,148.75 Friday,April 27,2019 Page 3 of 4 City Project Numbers 100033 DOE Number 3300 Contract Name AGUSTA MEADOWS Estimate Number I Contract Limits Payment Number I Project Type LIGHTING For Period Ending 3/2/2017 Project Funding Project Manager NA City Secretary Contract Number Inspectors DICKINSON / WATSON,D Contract Date Contractor INDEPENDENT UTILITY CONSTRUCTION,INC. Contract Time 180 CD 5109 SUN VALLEY Days Charged to Date 351 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 $47,148.75 Less %Retained $0.00 Net Earned $47,148.75 Earned This Period $47,148.75 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 $47,148.75 Friday,April 27,2018 Page 4 of 4 M 42 43 DAP-BID PROPOSAL Page I of I SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT A I ' I Bidder's Application Project Item Information BiddeA Proposal Bidlist Item Specificntion Unit of Bid No. Description Section No, Measure Quantity Unit Rice Bid Value ur U IT V•STRE T LI T P 0 NAENTS 1 Relocate Street Light Pole 31 4120 EA 1 $3.299.00 $3,299.00 2 3441.3301 Rdwy Illum Foundation TY 1,2,and 4 34 41 20 EA 10 $1,535.00 $15.350.00 3 3441.3002 Rdwy illum Assmbty TY 8.11.D-25,and D,30 34 41 20 EA 10 $2.182.00 $21,820.00 4 2"Condt PVC 8D(T) 34 41 20 LF 385 $13.78 $5.305.30 5 #8 Aluminum Cable 35 41 20 LF 385 $3.57 $1.374.45 6 7 8 9 10 11 12 13 TOTAL UNIT V:OTHER CONSTRUCTION COST $47.148.75 Bid Summary UNIT V:STREET LIGHT IMPROVEMENTS 547,148.75 i'olai Construction tlid 547,148.75 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 180 calendar days after the date when the CON'T'RACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROTECTS Foml Velsren Srplembcr 1 21115 W4243 Bid Proff al_DAP rel ied_2111h 113 W,ts DO4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 TOTAL BID $ 47,148.75 7. Bid Submittal This Bid is submitted on 2/19/2016 by the entity named below Respectfully submitted, Receipt is acknowledged of By; T — the following Addenda: Initial (Signature) Richard Wolfe Addendum No. 1 (Printed Name) Addendum No.2 Title: Vice President Addendum No.3 Company: Independent Utility Construction, Inc. Addendum No.4 Address: 5109 Sun Valley Drive Fort Worth, TX 76119 State of Incorporation: Texas Email: rwolfe@iuctx.com Phone: 817-478-4444 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM—DEVELOPER AWARDED PROJECTS 00 4100 Bid Farm—DAP docx Form Revised ADHI 2,2014 004100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page i o1`3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: D.R.Horton—Texas,LTD., a Texas Limited Partnership By: D.R.Horton,Inc.,a Delaware Corporation,Its Authorized Agent 6751 North Freeway Fort Worth,TX 76131 FOR: Augusta Meadows City Project No.: 100033 Units/Sections: Unit V/Roadway&Pedestrian Lighting 1. Enter Into Agreement The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid,Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group,association,organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. 'corrupt practice"means the offering,giving,receiving,or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of Developer(b)to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM—DEVELOPER AWARDED PROJECTS 00 4100 Bid Form—DAP.dorx Form Revised April 2,2014 004100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 artificial non-competitive levels,or(c)to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders,with or without the knowledge of Developer,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. - Roadway&Pedestrian Lighting 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 calendar days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 r b. Bid Bond(if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement,Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application(optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable,otherwise delete> Total Base Bid CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM—DEVELOPER AWARDED PROJECTS 00 4100 Bid Form—DAP.docx Form Revised April 2,2014 FORTWORTHREV:8/20/16 TRANSPORTATION AND PUBLIC WORKS PERFORMANCE EVALUATION OF CONTRACTOR I) CONTRACTOR&PROJECT DATA Name of Contractor Project Name Independent Utility Construction,Inc Street Lights for Augusta Meadows Inspector City Project Number Donald Watson 100033 Contraction Components Project Manager ❑ Water❑ Waste Water❑ Storm Drainage0 Pavement Fred Ehia Initial Contract Amount ProjectDifficulty $47,148.75 O Simple 0 Routine O Complex Final Conn-act Amount Date $47,148.75 4/27/2018 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 4 20 20 4 Field Supervision 15 Y 3 60 45 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 4 60 60 9 Daily Clean Up 5 Y 3 20 15 10 Citizen's Complaint Resolution 5 Y 3 20 15 11 Property Restoration 5 Y 4 20 20 12 After Hours Response 5 Y 3 20 15 13 Project Completion 5 Y 3 20 15 TOTAL ELEMENT SCORE(A) 361 BONUS POINTS(25 Maximum)(B) TOTAL SCORE(TS) 361 III)CONTRACTOR'S RATING Maximum Score(MS)=448 or sum of applicable element score maximums which= 448 Rating([TS/MS] * 100%) 361 / 448 = 81% 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 Inspector's Supervisor Signature CONTRACTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth•8851 Camp Bowie West Blvd.•Fort Worth,TK 76116•(817)392-8306 FORTWORTHREV:02/22,07 TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY I)PROJECT INFORMATION Date: 4/27/2018 Name of Contractor Project Name Independent Utility Construction,Inc Street Lights for Augusta Meadows DOEInspector Project Manager Donald Watson Fred Ehia DOE Number Project Difficulty Tjpe of Contract 100033 1 O Simple Q Routine Q Complex ❑ water waste Water❑ Storm DrainageR] Pavement Initial Contract Amount Final Contract Amount $47,148.75 $47,148.75 II)PERFORMANCE EVALUATION 0-Inadequate I -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 c 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 o-c Signature DOE Inspector's Supervisor 4&0�_ INSPECTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth•1000 Throckmorton 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: Augusta Meadows- City Project No. 100033 BY: Richard Wolfe, Vice President S SUB CRIBED AND SWORN TO BEFORE ME on this day of '2017. CHRISTINA GARCIA =,g� Notary Public,State of Taxan G Jty� •� y. comm.Expires 12.20-2020 otary Public, State of Texas . Notary ID 130940785 CONSENT OF OWNER ❑ SURETY COMPANY ARCHTECT F� CONTIRACTOR ❑ TO FINAL PAYMENT SURETY ❑ OTHER (SIMILAR TO AIA DOCUMENT G707) Bond No. 4598206 PROJECT: Street Lights for Augusta Meadows (name,address)Fort Worth, Texas TO (Owner) ARCHITECTS 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 WESTFIELLUNSURANCE COMPANY Surety Comp By Signatur 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 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 Attorneys)-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 _ y\\i\1NIIN,II" \\t\I ttlAI..,,1 Corporate �`' �Uftr r`' ONA(� ' \�iSU WESTFIELD INSURANCE COMPANY Seals �e'�f•..•••••. C�,4 ,`��P,.• ' •.!�SG:, '�$�:,, WESTFIELD NATIONAL INSURANCE COMPANY �. S.... Affixed jw; �.i ;o. •.-p: ;��. 9 '••s^ OHIO FARMERS INSURANCE COMPANY vyt �AC SEAL 9" 4 .�3 _�. .m_ :a 1: 11348 :.* ••• ByRi State of Ohio chard 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 aauawll 4 ' Seal ..```�RtA! S"• Affixed O .y William J. Kahelin,A rney at Law, Notary Public State of Ohio N d ego My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) County of Medina ss.: ,y X, TFOF � 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 21 st day of March ' .�,°; , 20 i 7 %\oNAc;`' tNSU ,•�.CNAAIEREp-,f 3 � SEAL .m_ _02 s¢cYYtaty {L .' .�; : 1848:•�� Frank A. Carrino, Secretary 4. BPOAC2 (combined) (06-02) P. 5109 Sun Valley Drive Fort Worth,Texas 76119 817-478-4444 www.iuctx.com March 21,2017 Project Name: Augusta Meadows City Project Number: 100033 Please accept this letter as our formal acknowledgement to the City of Fort Worth that Independent Utility Construction, Inc.,the Street Light Contractor for Augusta Meadows, 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 so, 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: Augusta Meadows City Project No.: 100033 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 Augusta Meadows 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 CONSENT OF OWNER ❑ SURETY COMPANY TICT �CORAOR TO FINAL PAYMENT SURETY ❑ OTHER (SIMILAR TO AIA DOCUMENT G707) Bond No. 4598206 PROJECT: Street Lights for Augusta Meadows (name,address)Fort Worth, Texas TO (Owner) ARCHITECT'S PROJECT NO: F—City of Fort Worth CONTRACT FOR: Above Project 1000 Throckinorton 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 SU CE COMPANY Surety Comp By Signatur Authorized Representative Attest: (Seal): Kyle W. Sweeney Attorney—in—Fact Title Note:This fom--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 HIS SAMt POWER#AND ISSUED PRIOR TO 04120111, 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 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 . Corporate .•aOAVRA/f",� ,`�.\%ON r "��SU "' WESTFIELD INSURANCE COMPANY SealsQ',..•• ••.,�`�o'i r`a?.•' �SG%; ;' c'a WESTFIELD NATIONAL INSURANCE COMPANY Affixed �v; ion+ L�,Q Q. TER /�'•e^ OHIO FARMERS INSURANCE COMPANY 4►-• v _E-: SEAL :m_ =o: v� !-C) : 1848 ,��"""�'�'"`" *•• ""'i"" "'•`• ByRichard L. Kinnaird, Jr., National Surety Leader and State of Ohio 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 r``'a\1A t, S o, Affixed A, 2 'A` Ir William J. Kahelin,A rney at Law, Notary Public State of Ohio N d "w'?o 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 21 St day of A.D. ,. March •� „.\.,�„»,.. 20 t 7 sr�t�sV fj�(kC . .....t �N r VNSY, {`O e••''.a.' .E' � _,Q P SGS•.,' ��t�,.....,,••Cn,3 'tet � ;1 ;m;CNARTEREp33 ;A x N. SEA . :m_ =c� ! Secretary 1848 � Frank A. Carrinc, Secretary BPOAC2 (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: Augusta Meadows - City Project No. 100033 BY: Richard Wolfe,Vice President SU CRIBED AND SWORN TO BEFORE ME on this day of r ,2017. CHRISTINA GARCIA Notary Public,State of Tsxee � yam. Comm,expires 12-20-2020 otary Public, State of Texas Notary ID 130940785 5109 Sun Valley Drive f ' 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: Augusta Meadows City Project No.: 100033 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 Augusta Meadows 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 Fort Worth,Texas 76119 817-478-4444 www.iuctx.com March 21,2017 Project Name: Augusta Meadows City Project Number: 100033 Please accept this letter as our formal acknowledgement to the City of Fort Worth that Independent Utility Construction, Inc.,the Street Light Contractor for Augusta Meadows, 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 To Whom it may concern CP#100033 Augusta Meadows — Lighting Green sheet was over looked because the unit price bid for the streets light improvement was never turned in. The job was completed on 3/2/2017 FORT WORTH rev 03/05/07 TRANSPORTATION & PUBLIC WORKS FINAL STATEMENT OF CONTRACT TIME FINAL STATEMENT NO.:1 NAME OF PROJECT: Augusta Meadows-Lighting PROJECT NO.: 100033 CONTRACTOR: Independent Utility Construct DOE NO.; NA PERIOD FROM;11/01/16 TO: 03/02/17 FINAL INSPECTION DATE: 2-Mar-17 WORK ORDER EFFECTIVE:5/23/2016 CONTRACT TIME: 180 0 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. 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 122 122 PERIOD PREVIOUS 0 0 PERIOD TOTALS 122 122 TO DATE *REMARKS: CONTRA T DATE INSPECTOR DATE ENGINEERING DEPARTMENT The City of Fort Worth•1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fax:(817)392-7845