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HomeMy WebLinkAboutContract 54170-FP1 City Secretary 54170 -FP1 Contract No. FORTWORTH.) Date Received Jul 14,2021 NOTICE OF PROJECT COMPLETION (Developer Projects) The Transportation and Public Works Department upon the recommendation of the Project Manager has accepted the following project as complete: Project Name: 4060 Bryan Irvin Public Water and Sewer Improvements City Project No.: 102551 Improvement Type(s): Water ❑x Sewer ❑x Original Contract Price: $81,266.50 Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete: $81,266.50 _ Apr 29, 2021 Contractor Date Project Manager Title Pennington Utility Construction Company Name Apr 29, 2021 Tamara Vaug n(Apr 29,202114:03 CDT) Project Inspector Date . Apr 29, 2021 Debbie Project M nager Date .7geieS4yyl&tAwnGer Apr 29, 2021 Janie Scarlett Morales(Apr29,202116:51 CDT) CFA Manager Date bar�B�A6c,Dana Burghdoff( r 29,20 121:35 CDT) Apr 29, 2021 Asst. City Manager Date OFFICIAL RECORD CITY SECRETARY Page 1 of 2 FT. WORTH, TX Notice of Project Completion Project Name: 4060 Bryan Irvin Public Water and Sewer Improvements City Project No.: 102551 City's Attachments Final Pay Estimate 0 Change Order(s): ❑ Yes 0 N/A Pipe Report: 0 Yes ❑ N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety I Statement of Contract Time Contract Time: 30 WD Days Charged: 59 Work Start Date: 10/12/2020 Work Complete Date: 4/20/2021 Completed number of Soil Lab Test: 49 Completed number of Water Test: 2 Page 2 of 2 FORTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name 4060 BRYANT IRVIN PUBLIC WATER AND SEWER IMPROVEMENTS Contract Limits Project Type WATER&SEWER City Project Numbers 102551 DOE Number 2550 Estimate Number I Payment Number 1 For Period Ending 4/30/2021 W City Secretary Contract Number Contract Time 3W Contract Date 6/8/2020 Days Charged to Date 59 Project Manager NA Contract is 100.00 Complete Contractor PENNINGTON UTILITY CONSTRUCTION,LLC 13350 EULESS ST EULESS, TX 76040 Inspectors MILLER,W / VAUGHN,T Wednesday,April 28,2021 Page I of 4 City Project Numbers 102551 DOE Number 2550 Contract Name 4060 BRYANT IRVIN PUBLIC WATER AND SEWER IMPROVEMENTS Estimate Number 1 Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 4/30/2021 Project Funding UNIT I:NVATER LMPROVENIENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 4"-12"PRESSURE PLUG I EA $256.00 $256.00 1 $256.00 2 CONC PVMT REPAIR,ARTERIAUINDUSTRIAL 35 SY $119.00 $4,165.00 35 $4,165.00 3 4"CONC SIDEWALK 101 SF $10.50 $1,060.50 101 $1,060.50 4 8"WATER PIPE 64 LF $125.00 $8,000.00 64 $8,000.00 5 2"WATER SERVICE 1 EA $2,750.00 $2,750.00 1 $2,750.00 6 12"X8"TAPPING SLEEVE&VALVE 1 EA $1,650.00 $1,650.00 1 $1,650.00 7 TRAFFIC CONTROL I MO $4,500.00 $4,500.00 I $4,500.00 -------------------------------------- Sub-Total of Previous Unit $22,381.50 $22,381.50 UNIT II:SANITARY SEWER IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- I MOBILIZATION 1 LS $6,500.00 $6,500.00 1 $6,500.00 2 6"SEWER ABANDONMENT PLUG 2 EA $550.00 $1,100.00 2 $1,100.00 3 POST-CCTV INSPECTION 358 LF $4.00 $1,432.00 358 $1,432.00 4 MANHOLE VACUUM TESTING 5 EA $350.00 $1,750.00 5 $1,750.00 5 TRENCH SAFETY 358 LF $6.00 $2,148.00 358 $2,148.00 6 6"SEWER PIPE I EA $550.00 $550.00 1 $550.00 7 8"SEWER PIPE 318 LF $55.00 $17,490.00 318 $17,490.00 8 8"SEWER PIPE,CSS BACKFILL 20 LF $75.00 $1,500.00 20 $1,500.00 9 EPDXY MANHOLE LINER 1 I VF $265.00 $2,915.00 11 $2,915.00 10 4'MANHOLE 4 EA $4,500.00 $18,000,00 4 $18,000.00 11 4'DROP MANHOLE 1 EA $5,500.00 $5,500.00 1 $5,500.00 -------------------------------------- Sub-Total of Previous Unit $58,885.00 $58,885.00 -------------------------------------- Wednesday,April 28,2021 Page 2 of 4 City Project Numbers 102551 DOE Number 2550 Contract Name 4060 BRYANT IRVIN PUBLIC WATER AND SEWER IMPROVEMENTS Estimate Number I Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 4/30/2021 Project Funding Contract Information Summary Original Contract Amount $81,266.50 Change Orders Total Contract Price $81,266.50 Total Cost of Work Completed $81,266.50 Less %Retained $0.00 Net Earned $81,266.50 Earned This Period $81,266.50 Retainage This Period $0.00 Less Liquidated Damages 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 $81,266.50 Wednesday,April 28,2021 Page 3 of 4 City Project Numbers 102551 DOE Number 2550 Contract Name 4060 BRYANT IRVIN PUBLIC WATER AND SEWER IMPROVEMENTS Estimate Number 1 Contract Limits Payment Number 1 Project Type WATER&SEWER For Period Ending 4/30/2021 Project Funding Project Manager NA City Secretary Contract Number Inspectors MILLER,W / VAUGHN,T Contract Date 6/8/2020 Contractor PENNINGTON UTILITY CONSTRUCTION,LLC Contract Time 30 W 13350 EULESS ST Days Charged to Date 59 W EULESS, TX 76040 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 $81 266.50 Less %Retained $0.00 Net Earned $81,266.50 Earned This Period $81,266.50 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 $81 266.50 Wednesday,April 28,2021 Page 4 of 4 FORTWORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: 4060 Bryant Irvin Road PROJECT NUMBER: 102551 DOE NUMBER: WATER PIPE LAID SIZE TYPE OF PIPE LF Water 8" PVC 64 FIRE HYDRANTS: 0 VALVES(16"OR LARGER) PIPE ABANDONED SIZE TYPE OF PIPE LF N/A DENSITIES: Yes NEW SERVICES: 1(2") copper SEWER PIPE LAID SIZE TYPE OF PIPE LF SEWER SDR 26 PVC 338 PIPE ABANDONED SIZE TYPE OF PIPE LF N/A DENSITIES: NEW SERVICES: TRANSPORTATION AND PUBLIC WORKS . 3 The City of Fort Worth• 1000 Throckmorton Street•Fort Worth,TX 76012-6311 a (817)392-7941 1 Fax:(817)392-7845 FORT WORTH. TRANSPORTATION AND PUBLIC WORKS April 21, 2021 Pennington Utilities 13350 Euless St Euless TX 76040 RE: Acceptance Letter Project Name: 4060 Bryant Irvin Project Type:01, 02 City Project No.: 102551 To Whom It May Concern: On April 19, 2021 a final inspection was made on the subject project. There were no punch list items identified at that time. The final inspection indicates that the work meets the City of Fort Worth specifications and is therefore accepted by the City. The warranty period will start on April 19, 2021, which is the date of the final inspection and will extend of two (2)years in accordance with the Contract Documents. If you have any questions concerning this letter of acceptance, please feel free to contact me at(817) 392-2481. Sincerely, Debbie J.Willhelm(Ap ,202115:41 CDT) Debbie Wilffiem, Project Manager Cc:Tamara Vaughn, Inspector Wade Miller, Inspection Supervisor Ariel Duarte,Senior Inspector Victor Tornero, Program Manager Pacheco Koch, Consultant Pennington Utilities, Contractor Trade Mark Property, Developer File E-Mail: Douglas W. Wiersig, P.E., PhD., Director,TPW Chris Harder, P.E.,Assistant Director, Water Richard Martinez,Assistant Director,TPW Wendy Chi-Babulal, P.E., Water Marisa Conlin,Traffic Engineering Tony Sholola, P.E., Water Allen Hall, Superintendent,TPW Richard Zavala, Director, PARD John Robert Carman, P.E., Director, Water David Creek, Assistant Director, PARD Rev.9/15/16 AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Jeff Maddox, Co- Owner Of Pennington Utility Construction, 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; Water and Sewer Improvements to serve 4060 Bryant Irvin CP 102551 BY Of a Owner Subscribed and sworn before me on this date 26th of April, 2021. Notary Public Tarrant, Texas J1COLIN M WARREN No+ary Public. S+a+e of Texas .: Comm. Expires 08.23.2024 ..�t. %„�oi�«��� Notary ID 130791099 00 62 14-1 PAYMENT BOND Page 1 of 3 BOND NUMBER:TXC613203 SECTION 00 6214 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Pennington Utility Construction, LLC, known as "Principal" herein, and Merchants Bonding Company Mutual a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, FW Waterside Office, LLC, authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of Eighty-one thousand, two-hundred sixty-six and 501100 Dollars ($81,266.50), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth, by and through a Community Facilities Agreement,CFA Number CFA20-0036;and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the loth day of June 2020 which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as 4060 BRYANT IRVIN SEWER IMPROVEMENTS. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, CITY OF FORT WORTH 4060 BRYANT IRVIN SEWER IMPROVEMENTS STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS 102551 Revised January 31,2012 006214-2 PAYMENTBOND Page 2 of 3 then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the loth day of June, 2020. PRINCIPAL: Pennington Utility Construction, LLC 13350 Euless Street, Euless,TX 76040 ATTEST: BY: Signature t (Principal)Secretary Name and Title Address: a Witness as to Principal SURETY: Merchants Bonding Company(Mutual) 6700 Westown Parkway,West Des Moines IA 50266 CITY OF FORT WORTH 4060 BRYANT IRVIN SEWER IMPROVEMENTS STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS 102551 Revised January 31,2012 006214-3 PAYMENT BOND Page 3 of 3 ATTEST: 8Y: Signature � r David S.Salavitch. Attorney in Fact (Surety) Secretary Name and Title Address: } 24901 Woodland Circle S- I_ee's Summit, MO 64086 Witness as to Surety Telephone Number: 816-674-8067 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH 4060 BRYANT IRVIN SEWER IMPROVEMENTS STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS 102551 Revised January 31,2012 BONDING COMPANY- POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Imva(herein collectively Galled the`Companies)do hereby make,constitute and appoint,individually, David S Salavttch;Luke P Sealer;Robert L Cox 11 their true and lawtul Attomey(s}ln-Fact, to sign its name as surety(ies)and to execute., seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the perfomriance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law_ This Powerof Attomey is granted and is signed and sealed by facsimile under and by aultwtity of the following By-Laws adopted by the Board of Directors of MerGharits Banding Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants Nabonal.Bonding,Inc_,on October 16,2015. "The President,Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice Presdent shall have power and authority to appoint Attomeys-in-Fact,and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof" `The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have ttie same force and effect as though manually fixed." In connecton with obligations in favor of the Florida Departmerrt of Transportation only,it is agreed that the pcnverand out hority hereby given to the Attorney-in-Fact includes any and all corssents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation_ It is fully understood that consenting to the State of Florida Department ofTransportabon making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of i Is obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authorily hereby g iven to the Attomey-In-Fact cannot be modified to revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. in Witness Whereof,tho Companies have caused this instrument to be signed and sealed this 11 th day of February , 2020 ,`y 'pR �fiq $p . '�GgQ.PUq �,: I�ERGF#1tiNT5NATlt?f1AL©D€1116,MERCHANTS BONDING CONPANY{ UAL) 2003 ;z) p 1933 BY t STATE OF IOVVA • •+a...asi,� ° s o e o e o ;i�i COUNTY OF DALLAS ss. On this 11th dray of February 2820 before me appeared Larry Taylor,to me personally known,vwtio being by me duly swam did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING INC.; and that the seats affixed to the foregoing instrument are the Corporate Seals of-the Companies;and Ihat tha said bnstrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. A, POLLY MASON o Commission Number 750575 ir'VL,q, My Commission Expires • � A January 07,2023 Notary Public (Expiration of notary's commission does not invalidate this instrh,rment) I,William VVamf s.Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certbfy that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has riot been amended or revoked_ In Witness Whereof,L have hereunto sat my hand and affixed the seal of Ithe Companies on tills day of ION -44 It, XOG co �;.pg�04 ..D 213�3 :�.5'�. a 1933 '� Secn#wy 4. ll, POA 0016(1120) ''�••<.�......•� •��•//.e<a.•`�l MERCHANTS °y BONDING COMPANY, MERCHANTS BONDING COMPANY(MUTUAL) F.O. BOX 14498, DES MOINES, IOWA S0306-3498 PHONE:(800) 678-8171 FAX: (515) 243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) tol[-free telephone number for information or to make a complaint at. 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-262-3439 You may write the Texas Department of Insurance at: P. Q. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas. ov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX(2/15) 006213-1 PERFORMANCE BOND Page 1 of 3 BOND NUMBER:TXC613203 SECTION 00 6213 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Pennin on Utility Construction LLC, known as"Principal" herein and Merchants Bonding Company (Mutual), a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as"Surety" herein (whether one or more),are held and firmly bound unto the Developer, FW Waterside Office, LLC, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, Eighty-one thousand,two-hundred sixty-six and 50/100 Dollars($81,266.50), lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number CFA20-0036; and WHEREAS,the Principal has entered into a certain written contract with the Developer awarded the 1011 day of Lune, 2020,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders,as provided for in said Contract designated as 4060 BRYANTIRVIN SEWER IMPROVEMENTS. NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract,according to the plans, specifications,and contract documents therein referred to,and as well during any period of CITY OF FORT WORTH 4060 BRYANT IRVIN SEWER IMPROVEMENTS STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS 102551 Revised January 31,2012 00 6213-2 PERFORMANCE BOND Page 2 of 3 extension of the Contract that may be granted on the part of the Developer and/or City,then this obligation shall be and become null and void,otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United States District Court for the northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 10t' day of June, 2020. PRINCIPAL: Pennington Utility Construction, LLC 13350 Euless Street, Euless,TX 76040 BY: Signature-AK VIA ATTEST: (Principal) Secretary Name and Title Address: Witness as to Principal CITY OF FORT WORTH 4060 BRYANT IRVIN SEWER IMPROVEMEN7S STANDARD CITY CONDITIONS--DEVELOPER AWARDED PROJECTS 102551 Revised January 31,2012 00 6213-3 PERFORMANCE BOND Page 3 of 3 SURETY: Merchants Bonding Company(Mutual) 6700 Westown Parkway,West Des Moines,IA 50266 f BY: Signature David S.Salavitch,_Attorney in Fact Name and Title Address: 24901 Woodland Circle ` Lee's Summit, MO 64086 Witness as to Surety Telephone Number:816-674-8067 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH 4060 BRYANT IRVIN SEWER IMPROVEMENTS STANDARD CITY CONDITEONS—DEVELOPER AWARDED PROJECTS 102551 Revised January 31,2012 MERE ANii2s�- BONDINiG COMPANY, POWER OF ATTORNEY Know Ail Persons By These Presents,that MERCHANTS BONDING COMRANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both b6ing corporations of the State of Iowa(herein collectively called the'Companies')do hereby make,ocimblute and appoint,individually, David S Salavitch;Luke P Sealer;Rober,L Cox 11 their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies)and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behatf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perm€tted In any actions or proceedings allowed by law- This Power-of-Attorney is granted and is signed and sealed by facsimile under and by aullxmty of the foll(Ayng By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Bo—rd of Directors of Merchants National Bonding,Inc-,on October 16,2015. 'The President, Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize there to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recCgnizances,contracts of indermity and ather writings obligatory in the nature thereof" 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certifrcabon thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the sane face and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and out hority hereby given to the Attorney-in-Fart includes any and all consents for the release of retained percentages and/or final estimates on engineefi ng and construction contracts required by the State of Florida Department of Transportation- It is fully understood that consenti rig to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Comm€ssioner- Department of Highways of the Commonwealth of Kentucky at least thirty M)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11 th day of February 2020 i, r.u. +rr oww woo & Q . .' MERCHANTS BONDING COMPANYIMUTUAL) : . �; O q�,�� MERCHANTS NATIONAL BONDING,INC. ` 2003 ".0 a 1933 =�: By .........'3 .�+ `," / �y ��°" presidenr STATE OFiOWA COUNTY OF DALIAS ss. On this 11 th day or February 2020 before me appeared Larry Taylor,to me personally knpwn,who being by me duty sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING; INC.; and that the seals affnced to the foregoing instrumf nt are the Corporate Seals of'the Companies;and that the said instrument was signed and sealed iJn behatf of the Companies by authority of their respective Boards of Directors. o2�tac s PO.LLY MASON Commission Number 750576 TA� `-j EGA 4 ~ shy Commission Expires co rk a JanuM 07,2023 Akitary Pubfic (Expiration of notary's commission does not invaadate this instrument) 1,Wiltiam Warnsr,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of fha POWER-OF-ATTORNEY exectted by said Companies,which is stili in full force andeffect and has noLheen arnsnded or revoked- in Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies an this �.11'day of (TdW� 1�_6ao. ,rya rr.ra r� y��coy x 2s303 1933 Secretary POA 0018 (1120) ''•'a��+`•``' °eea�' MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOX 14498, DES MOINES. IOWA 50306-3498 PHONE:(800) 678-8171 FAX: (515)243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual)toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX(2/15) 006219-1 MAINTENANCE BOND Page 1 of 4 BOND NUMBER:TXC613203 SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Pennington Utility Construction, LLC known as "Principal" herein and Merchants Bonding Compan)dMutual), a corporate surety(sureties,if more than one) duly authorized to do business in the State of Texas, known as"Surety" herein (whether one or more), are held and firmly bound unto the Developer, FW Waterside Office, LLC, authorized to do business in Texas ("Developer") and the City of Fort Worth,a Texas municipal corporation ("City"), in the sum of Eighty-one thousand two sixty-six and 50/100 Dollars ($81,266.50), lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors,we bind ourselves,our heirs, executors, administrators,successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number CFA20-0036;and WHEREAS,the Principal has entered into a certain written contract with the Developer awarded the10'h day of tune, 2020,which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order(collectively herein, the "Work") as provided for in said Contract and designated as 4060 BRYANT IRVIN SEWER IMPROVEMENTS and CITY OF FORT WORTH 4060 BRYANT IRVIN SEWER IMPROVEMENTS STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS 102551 Revised January 31,2012 00 62 19-2 MAINTENANCE BOND Page 2 of 4 WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans,specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two(2)years after the date of Final Acceptance of the Work by the City ("Maintenance Period");and WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE,the condition of this obligation is such that if Principal shall remedy any defective Work,for which timely notice was provided by Developer or City,to a completion satisfactory to the City,then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond;and PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER,that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH 4060 BRYANT IRVIN SEWER IMPROVEMENTS STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS 102551 Revised January 31,2012 006219-3 MAINTENANCE BOND Page 3 of 4 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 101h day of June,2020. PRINCIPAL: Pennington Utility Construction, LLC 13350 Euless Street Euless TX 76040 BY: A4) Signature ATTEST: (Principal)Secretary Name and Title Address: Ukt Witness as to Principal SURETY: Merchants Bonding Company (Mutual) 6700 Westown Parkway,West Des Moines,IA 50266 BY: Signature CITY OF FORT WORTH 4060 BRYANT IRVIN SEWER IMPROVEMENTS STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS 102551 Revised January 31,2012 006219-4 MAINTENANCE BOND Page 4 of 4 David S.Salavitch,Attorney in Fact ATTEST: Name and Title Address: (Surety)Secretary 24901 Woodland Circle lee's Summit, MO 64086 SJo' Witness as to Surety Telephone Number: 816-674-8067 *Note: if signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH 4060 BRYANT IRVIN SEWER IMPROVEMENTS STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS 102551 Revised January 31,2012 BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPAM (MUTUAL)and MERCHANTS NATIONAL BONDING,INC-, both being corporations of the State of Iowa(herein collectively called the'ComparZes`)do hereby make,constitute and appoint,individuatty, David S Satavitch;Luke P Stealer;Robert L Cox 11 their true and lawful Attorneys)-in-Fact, to sign its name as suretyties)and to execute, seal and acknowledge any and all bonds, undertaldrigs, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guarantees V the fidelity of persons,guaranteeing the perrorrnance of contracts and executing or guaranteeing bonds and undertakings required or permitted to any actions or proceedings allowed by law_ This Power-of-Attorney is granted and is signed and sealed by facsimile under End by authority of the following By-Laws.adopted by the Board of Directors of Merchants Beading Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants Natiorial Bonding,Inc_,on October 16,2015. "The President, Secretary,Treasurer, or arty Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize there to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof_" `The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond. undertaking• recognizance, or other suretysftip obligations of the Company,and such signature and seal when soused shall have the sameforoe and effect as though manually fixed." in connection with obligations in favor of the Florida Depanrrtent of Tmnspcxtation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages anwor final estimates on engineering and construction contracts required by the State of Florida Depadrnent of Transportation- It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor andior its assignee, shall not relieve this surety company of any of i 1s obligations under ifs bond. In connection with obligations in favor of the Kentucky Department of a lighways only.it is agreed that the power and authority hereby given to the Attomey-irt-Fact cannot be modified or revoked unless prior written personal notice of such intent has tin given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation_ in Witness Whereof,the Companies have caused this instrument to be signed and seated this 11 th day of February 2020 � G °i ��" P O rit.fir f• � . MERCHANTS 13ONDENG COMPANY fYifl3UALy =+c-:'Ctd4 �'�.': ' �4 � 40 4 :fit P r Cf tANT NATIONAL 13DiU1311�IG,(WC. 2003 :� d y 1933 C; By f 'ter .••• r•',� 4 °aT�••1,. a�aa Tvl��f STATE OFIOWA ,'`''_��•_''�� aObvNoa°°l• COUNTY OF DALLAS ss_ On this 11th day of February 2020 before me appeared Larry Taylor,in me personalty known,vwito being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAI—)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to[fie foregoing instrument are the Corporate Seals of-the Companies;and that the seid instrument was signed and seated in iaahatf of the Companies by authority of their respective Boards of Directors. POLLY MASON Commission Number 750576 My Commission Expires January 07,2023 Notai'fr PuhfiG (Expiration of notary's commission does not invaWate this instnmtent) 1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)arld.MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of fie POWER-OF-ATTORNEY executed by said Companies,which is stiff in full forceand-efted and has not been amended or revoked. In Witness Whereof.I have hereunto set my hand and affixed the seal of the Cnni antes on this l U'_day of .`,�i fit' 1�;.�y °�: Ga •9��a ,,t� '. 2(}133 ~&�- •y`` 1933 Secretary e MERCHANT7_7�k BONDING COMPANY, MERCHANTS BONDING COMPANY(MUTUAL) P.Q. BOX 14498, DES MOINES. IOWA 50306-3498 PHONE:(800)678-8171 FAx: (515) 243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-262-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.pov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX(2/15)