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HomeMy WebLinkAboutContract 46230-FP1 uepartmeni r i v akvv const. services - DOE# Date Project Wa A ager- j Gl�SEW �) - DRisk.O E.Management rt 'I a- _ ►T WORTH® CFA Westerman/Scannedk The Proceeding people 4ave been Contacted Sq lob[ - CO Z2y0 2 concerning the request for final payment&have ATION AND PUBLIC WORKS released this project for such payment. F PROJECT COMPLETION 901c 7343 Clearance Conducted By Shameka Kennedy City Project N2d2402 - - -- a Ae 4e�4-z 3a Regarding contract 117343 for WATER& SEWER IMPROV.TO SERVE WATERSIDE as required by the WATER DEPARTMENT as approved by City Council on N/A through M&C N/A the director of the WATER DEPARTMENT upon the recommendation of the Assistant Director of the Transportation&Public Works Department has accepted the projec I Original Contract Prices: $1,014,559.50 NOV 15 2016 Amount of Approved Change Ord s: $36,060.54 Ne 1 Revised Contract Amount: By $1,050,620.04 Total Cost Work Completed: $1,050,620.04 Less Deductions: Liquidated Damages: Days @$210.00/Day Pavement Deficiencies: Total Deduction Amount: Total Cost Work Completed: $1,050,620.04 Less Previous Payments: $0.00 Final Payme Due $1,0505620.04 com e'de for Acceptance Date Asst. Di ector, TPW - Infrastructure Design and Construction C?z /It/-/- 6 /p/!�--/G Accepted // Date Asst. Director, WATER DEPARTMENT � BIZ k —� Asst. City Manager Date Comments: E11lV�A LED OFFIUAL KLGO P Nov 2016 Ca � e� n a l05— t1 a yd �- � r �;TX NOV 15 2016 U By �9� oi - cv � o � City Project Numbers 02402 DOE Number 7343 Contract Name WATER&SEWER IMPROV.TO SERVE WATERSIDE Estimate Number 1 Contract Limits Payment Number 1 Project Type WATER&SEWER For Period Ending 9/12/2016 Project Funding Project Manager Long City Secretary Contract Number 117343 Inspectors LAYER / HOUSTON Contract Date Contractor EMJ CORPORATION Contract Time 480 CD 5525 N.MACARTHUR BLVD.,#400 Days Charged to Date 572 CD IRVING, TX 75038-2604 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 $1,050,620.04 Less %Retained $0.00 Net Earned $1,050,620.04 Earned This Period $1,050,620.04 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 $1,050,620.04 Monday,September 12,2016 Page 5 of 5 FORTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name WATER&SEWER IMPROV.TO SERVE WATERSIDE Contract Limits Project Type WATER&SEWER City Project Numbers 02402 DOE Number 7343 Estimate Number 1 Payment Number 1 For Period Ending 9/12/2016 CD City Secretary Contract Number 117343 Contract Time 480:D Contract Date Days Charged to Date 572 Project Manager Long Contract is 100.00 Complete Contractor EMJ CORPORATION 5525 N.MACARTHUR BLVD.,#400 IRVING, TX 75038-2604 Inspectors LAYER / HOUSTON Monday,September 12,2016 Page 1 of 5 City Project Numbers 02402 DOE Number 7343 Contract Name WATER&SEWER IMPROV.TO SERVE WATERSIDE Estimate Number 1 Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 9/12/2016 Project Funding WATER Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total ------------- ---------------------------- 1 TRENCH SAFETY 3168 LF $1.00 $3,168.00 3168 $3,168.00 2 DUCTILE IRON WATER FITTINGS 10 TN $1,000.00 $10,000.00 10 $10,000.00 W/RESTRAINT 3 6"PVC WATER PIPE 490 LF $21.00 $10,290.00 490 $10,290.00 4 8"PVC WATER PIPE 170 LF $40.50 $6,885,00 170 $6,885.00 5 12"PVC WATER PIPE 2987 LF $42.48 $126,887.76 2987 $126,887.76 6 FIRE HYDRANT 11 EA $3,800.00 $41,800.00 11 $41,800.00 7 1"WATER SERVICE 1 EA $2,000.00 $2,000.00 1 $2,000.00 8 1 1/2"WATER SERVICE 1 EA $2,175.00 $2,175.00 1 $2,175.00 9 2"WATER SERVICE 7 EA $2,250.00 $15,750.00 7 $15,750.00 10 6"WATER METER&VAULT 2 EA $4,000.00 $8,000.00 2 $8,000.00 11 4"WATER METER&VAULT 3 EA $4,000.00 $12,000.00 3 $12,000.00 12 6"GATE VALVE 23 EA $1,100.00 $25,300.00 23 $25,300.00 13 8"GATE VALVE 6 EA $1,800.00 $10,800.00 6 $10,800.00 14 12"GATE VALVE 26 EA $2,850.00 $74,100,00 26 $74,100.00 15 12"WATER CARRIER PIPE 104 LF $54.00 $5,616.00 104 $5,616.00 16 24"CASING BY OTHER THAN OPEN CUT 104 LF $95.72 $9,954.88 104 $9,954.88 17 CONCRETE PAVEMENT REPAIR 10 SY $459.50 $4,595.00 10 $4,595.00 ----------------------- ---------- ------- Sub-Total of Previous Unit $369,321.64 $369,321.64 SEWER Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total ------------------- ---------------------- I POST CCTV INSPECTION 4719 LF $4.75 $22,415.25 4719 $22,415.25 2 MANHOLE VACUUM TESTING 40 EA $250.01 $10,000.40 40 $10,000.40 3 TRENCH SAFETY 4822 LF $1.00 $4,822.00 4822 $4,822.00 4 CONCRETE COLLAR 16 EA $750.00 $12,000.00 16 $12,000.00 5 6"SEWER PIPE CO#BI 160 LF $30.57 $4,891.20 160 $4,891.20 6 8"SEWER PIPE CO#B1 1516 LF $40.00 $60,640.00 1516 $60,640.00 7 12"SEWER PIPE 1845 LF $68.24 $125,902.80 1845 $125,902.80 8 18"SEWER PIPE 1353 LF $88.00 $119,064.00 1353 $119,064.00 Monday,September 12,2016 Page 2 of 5 City Project Numbers 02402 DOE Number 7343 Contract Name WATER&SEWER IMPROV.TO SERVE WATERSIDE Estimate Number 1 Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 9/12/20I6 Project Funding 9 EPDXY MANHOLE LINER 35 VF $77.85 $2,724.75 35 $2,724.75 10 4'MANHOLECO#B1 42 EA $4,500.00 $189,000.00 42 $189,000.00 11 4'DROP MANHOLE 2 EA $15,000.00 $30,000.00 2 $30,000A0 12 4'EXTRA DEPTH MANHOLE 299 VF $250.00 $74,750.00 299 $74,750.00 13 6"TWO-WAY CLEANOUT 5 EA $1,780.00 $8,900.00 5 $8,900.00 14 10"SEWER PIPE CO#B1 22 LF $54.00 $1,188.00 22 $1,188.00 15 5'DROP MANHOLE CO#BI 1 EA $15,000.00 $15,000.00 I $15,000.00 --------- ------- -------------- ------ -- - -- Sub-Total of Previous Unit $681,298.40 $681,298.40 ----------------------------- ------- -- - Monday,September 12,2016 Page 3 of 5 City Project Numbers 02402 DOE Number 7343 Contract Name WATER&SEWER IMPROV.TO SERVE WATERSIDE Estimate Number 1 Contract Limits Payment Number 1 Project Type WATER&SEWER For Period Ending 9/12/2016 Project Funding Contract Information Summary Original Contract Amount $1,014,559.50 Chanzre Orders Change Order Number 1 $36,060.54 Total Contract Price $1,050,620.04 4'�'J„ Date KJ� Total Cost of Work Completed $1,050,620.04 Contr or Less %Retained $0.00 /z/ Net Earned $1,050,620.04 Date 44'� 4 Inspection upe ' Earned This Period $1,050,620.04 J Retainage This Period $0.00 Date ! Less Liquidated Damages Project Manager / G Days @ /Day $0.00 L Date , '— ! LessPavement Deficiency $0.00 sstDirect/J / /1'PW-Infrastructure Design and Construction Less Penalty $0.00 °aN ` /f—t57-/(Date Less Previous Payment $0.00 Director/Contracting Department Plus Material on Hand Less 15% $0.00 Balance Due This Payment $1,050,620.04 Monday,September 12,2016 Page 4 of 5 FORTWORTH rev 03/05/07 TRANSPORTATION&PUBLIC WORKS FINAL STATEMENT OF CONTRACT TIME FINAL STATEMENT NO.:1 NAME OF PROJECT: Waterside Water and Sewer Improvements PROJECT NO.: P265-603150240283 CONTRACTOR: EMJ Cooporation P275-703140240283 DOE NO.; 7343 PERIOD FROM;07/01/16 TO: 07/25/16 FINAL INSPECTION DATE: 25-Jul-16 WORK ORDER EFFECTIVE:12/22/2014 CONTRACT TIME: 480 Q Wl* CD DAY OF DAYS REASON FOR DAYS DAY OF DAYS REASON FOR DAYS MONTH CHARGED CREDITED MONTH CHARGED CREDITED DURING DURING 1. 1 16. 1 2. 1 17. 1 3. I 18. 1 4. 1 19. 1 5. 1 20. 1 6. 1 21. 1 7. 1 22. 1 8. 1 23. 1 9. 1 24. 1 10. ] 25. Held Final 11. l 26. 12. 1 27. 13. 1 28. 14. 1 29. 15. 1 30. 31. SAT,SUN, RAIN,TOO WET, UTILITIES OTHERS* DAYS TOTAL & HOLIDAYS &TOO COLD RELOCATIONS CHARGED DAYS THIS PERIOD 25 25 PREVIOUS PERIOD 547 547 TOTALS TO DATE 572 572 *REMARKS: CONTRACTOR DATE INS DATE ENGINEERING DEPARTMENT �+° The City of Fort Worth•1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fax:(817)392-7845 abed LLOZ-ZL-OL:PaSIAaN 170'0Z9'090'6$ 13niNOO 03SIA3N 1V101 00'0$ :}so0Amo 70'0Z9'090'6$ :Iso0-ASO 3NVHS1S0003SIA311 00'0$ 00'0$ 00'0$ 0b'96Z'689$ V91ZE'69£4 lINn N3d 1NnOwv 10VN1NO3 03SIABN 1V101 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 04'86ZU9$ 00'0$ b9lZC'69E$ 1Nf10WV 10VN1N00 03SIA3N 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 49'090'9£ $ 00'0$ 00'0$ N3080 3JNVH0'dOild dO 1Nf10WV 00'0$ 00'0$ 0010 00'0$ 00'0$ 00'0 00'0$ 98'LEZ'979$ 00'0$ 49lZE'69£$ 31V0 0110VN1N00 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 31VO Ol S110380 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'04 00'0$ 00'0$ 00'0$ 31VO Ol SVN1X3 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 00'0$ 98'L£Z'949$ 00'0$ b9'LZE'69E$ 10ViUN001VN10180 �so0 dll0 lsoo lsoo Allo lso0 ;sop A410 ;soo asoo/410 ;soo woo(410 3soo S l d0 ladolan00 jad019na0 iodolana0 jadolana0 jadolena0 lOV2ilN00 S1H011 133NIS 30VNIVNO JNIAVd 83M3S N31VM I 11Nn 10V81N00 :ON auoyd :bEOVNVN 1O3f02id :ON auOgd :2J0103dSNI 998ZZ-X #311d UZOVZOVL£OL-9LZd #103f'Obd b3M3S £9ZO7Z096£09-99Zd #IOEWO0 ld 2131VAA L8 £VBL #304 Z07Z #103PObd I11O ON :N0IIVd10WJVd.ILIO I 990-7602 #dd0 :ON N30N0 Jam8S ealuES 9 pue 19MA V) :iOV/ UNOO 39NVH0 ap!SJaae/N MaS 0;S;uawanoiw1 jamas epueS pue ja}eM :3Wb'N 103M' ld 2134:10 30NVH3 J-OE]rO2Jd-43a?JVAAV-b3dO13n34 You are directed to make the following changes es in the contract documents: CITY BID ITEM PAY ITEM# # QUANTITY UNIT ITEM DESCRIPTION UNIT PRICE TOTAL 1 3339.1001 4 EA 3339.1001 4'Manhole $ 4,500.00 $ 18,000.00 2 3331.4108 22 LF 3331.4108 6"Sewer Pie $ 30.57 $ 672.54 3 3331.4115 30 LF 3331.4115 8"Sewer Pie $ 40.00 $ 1,200.00 4 3331.4201 22 LF 3331.4201 10"Sewer Pie $ 54.00 $ 1,188.00 5 3339.1102 1 EA 3339.1102 5'Drop Manhole $15,000.00 $ 15,000.00 TOTAL $ 36,060.54 REASONS FOR CHANGE ORDER Change order required for constructability of manhole on existing 39"sanitary sewer line and owner request for service extensions to multi-family. NO CITY FUNDS INVOLVED IN THIS CONTRACT. DEVELOPER IS RESPONSIBLE FOR 100%OF THE CHANGE ORDER COST AND NO REIMBURSEMENT FROM THE CITY WILL BE SOUGHT BY THE DEVELOPER. RECOMMENDED: APPROVED: APPROVED: (Consulting Engineer) (Developer) ' (Contractor) By: Kimley-Horn and Associates,Inc. By: v By: — Name: Hugo Morales,P.E. Name: Chris Herman Name: Heath Wilson Title: Project Engineer Title: V•P Title: Senior Project Manager Revised: 10-12-2011 Page 2 FORT WORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR PROJECT NAME: Waterside Water and Sewer PROJECT NUMBER: 2402 DOE NUMBER: 7343 WATER PIPE LAID SIZE TYPE OF PIPE LF Bell and Spigot 6" PVC 490 Bell and Spigot 8" PVC 170 Bell and Spigot 12" PVC 2987 FIRE HYDRANTS: 11 VALVES(16"OR LARGER) PIPE ABANDONED SIZE TYPE OF PIPE LF N/A DENSITIES: Yes NEW SERVICES: 1" Copper I-EA- 1-511 Copper 1-EA. " Copper 7-EA. 4"/6" DIP 6-Mar SEWER PIPE LAID SIZE TYPE OF PIPE LF BeH and Spigot 611. PVC SDR 26 16OLF Bell and Spigot 8" PVC SDR 26 1516LF Bell and Spigot 12" PVC SDR26 1845LY Bell and Spigot 18" PVC SDR 26 1353 Bell and Spigot 10" PVC SDR26 22Lf PIPE ABANDONED SIZE TYPE OF PIPE LF N/A DENSITIES: Yes NEW SERVICES: 6" PVC 5-EA TRA\SPORTATION'__-D PLsBLIC W-ORKS The Cit-of FortWorth•1000 Throdmorton Stceet-Fort WF"orth_TX 76012-6311 (817)392-7941 •Fay(817)392-7845 FORTWORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: Waterside Water and Sewer PROJECT NUMBER: 2402 DOE NUMBER: 7343 WATER PIPE LAID SIZE TYPE OF PIPE LF Bell and Spigot 6" PVC 490 Bell and Spigot 8" PVC 170 Bell and Spigot 12" PVC 2987 FIRE HYDRANTS: 11 VALVES(16"OR LARGER) PIPE ABANDONED SIZE TYPE OF PIPE LF N/A DENSrMS: Yes NEW SERVICES: 1" Copper 1-EA. 1. n 5 Copper I-EA_ 2" -Copper 7-EA- 4"/6" DIP 6-Mar SEWER PIPE LAID SIZE TYPE OF PIPE LF Bell and Spigot 6". PVC SDR26 160LF Bell and Spigot 8" PVC SDR 26 1516LF Bell and Spigot 12" PVC SDR 26 184 Bell and Spigot 18" PVC SDR 26 1353 Bell and Spigot 10" PVC SDR 26 22Lf PIPE ABANDONED SIZE TYPE OF PIPE LF NT/A DENSrMS: Yes NEW SERVICES: 6" PVC 5-EA TR.*'NSPORTAT10_\7 -IND PUBLIC W,ORKS The Citi-or Fort Wortii-1000 Thzocl;mo--ton Street-Fort Forth.T_K'76012-6311 (817)392-7941•Fay(817)392-7845 FORTWORTHREV:02/20/07 r, TRANSPORTATION AND PUBLIC WORKS PERFORMANCE EVALUATION OF CONTRACTOR n CONTRACTOR&PROJECT DATA Name of Contractor Project Name EMJ Corporation Waterside Water and Sewer DOE Inspector DOE Number David Beardsley 7343 DOE Inspector Project Manager ID Water o Waste Water ❑ Storm Drainage ❑ Pavement Aaron Long Initial Contract Amount Project Difficulty $1,014,559.50 0 Simple o Routine o Complex Final Contract Amount Date $1,050,620.04 9/8/2016 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 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 3 60 45 9 Daily Clean Up 5 Y 3 20 15 10 Citizen's Complaint Resolution 5 Y 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 3 20 15 TOTAL ELEMENT SCORE(A) 336 BONUS POINTS(25 Maximum)(B) TOTAL SCORE(TS) 336 IIn CONTRACTOR'S RATING Maximum Score(MS)=448 or sum of applicable element score maximums which= 448 Rating([TS/MS]*100%) 336 / 448 = 75% 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) Signature DOE Inspector-' ���.�- ' .� Si ature.Contractor� —-- _ Signature DOE Inspector's Su CONTRACTOR'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 M-AIA TM Document G707 - 1994 Consent Of Surety to Final Payment PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: Water and Sanitary Sewer Waterside CFA Number: CFA-2014-056 CONTRACT FOR:General Construction ARCHITECT:❑ TO OWNER:(Name and address) CONTRACT DATED: CONTRACTOR: City of Fort Worth and FW Waterside SURETY: Commercial,LLC OTHER:❑ In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surety) Continental Casualty Company 5565 Glenridge Connector NE,6th Floor,Atlanta;GA 30342 ,SURETY, on bond of (Insert name and address of Contractor) EMJ Corporation TX 5525 N.MacArthur Blvd.,Suite 400,Irving,TX 75038 ,CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Fort Worth and FW Waterside Commercial,LLC OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date:June 14,2016 (Insert in writing the month followed by the numeric date and year.) Continental Casualty Company (Sure gnature of authorized representative) Attest: Patricia S.Kleehammer,Attorney-in-fact (Seal): (Printed name and title) AIA Document G707TM—1994.Copyright®1982 and 1994 byThe American Institute of Architects.All rights reserved.WARNING:This AIAO Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AJA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:40:03 on 06/14/2016 under Order No.9952527211_1 which expires on 04/07/2017,and is not for resale. User Notes: (1165322319) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Mark R Brock, Dana F Davis, Patricia S Kleehammer, T Michael Langley, Dana Keith Davis, Cecil Ray Vaughan III,John D Brock, Individually of Rossville,GA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 2nd day of June,2016. �RET1 WESTERN SURETY COMPANY s ve�Poq�''co' 1Q•` aul T.Bruflat,Vice President State of South Dakota ss County of Minnehaba On this 2nd day of June,2016,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires ,— J.MOHR June 23,2021 �s"�oan'Rio wa SE`--------I., �)_�J1�/7? CERTIFICATE J.Mohr,Notary Public I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of ?5°REr'�1 WESTERN SURETY COMPANY a,Fi P0Rq'�;', ,y,e46� lt^lys v 1P. °4�rH oFi1�}" �nuuwµw,n Form F4280-7-2012 L.Nelson,Assistant Secretary Bv?x-J Na. 929Gar3a�y Rye'` Document G707T1' - 1994 Consent Of Surety to Final Payment PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: Water and Sanitary Sewer Waterside CFA Number: CFA-2014-056 CONTRACT FOR:General Construction ARCHITECT:❑ TO OWNER:(Name and address) CONTRACT DATED: CONTRACTOR: City of Fort Worth and FW Waterside SURETY: Commercial,LLC OTHER:❑ In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surety) Continental Casualty Company 5565 Glenridge Connector NE,6th Floor,Atlanta,GA 30342 ,SURETY, on bond of (Insert name and address of Contractor) EMJ Corporation TX 5525 N.MacArthur Blvd.,Suite 400,Irving,TX 75038 ,CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Fort Worth and FW Waterside Commercial,LLC OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date:June 14,2016 (Insert in writing the month followed by the numeric date and year.) Continental Casualty Company (Surety) _ Afv4s �B ZA (Signature of authorised representative) Attest: Patricia S.Klechammer,Attorney-in-fact (Seal): (Printed name and title) AIA Document G7071"—1994.Copyright@ 1982 and 1994 by The American Institute of Architects.All rights reserved.WARNING:This AIAc Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribu tion of this AIAc Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:40:03 on 06114/2016 under Order No.9952527211_1 which expires on 04/0712017,and is not for resale. User Notes: (1165322319) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Mark R Brock, Dana F Davis, Patricia S Kleehammer, T Michael Langley, Dana Keith Davis, Cecil Ray Vaughan III,John D Brock,Individually of Rossville,GA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 2nd day of June,2016. JN,,,s�aEr" WESTERN SURETY COMPANY yc,, _W,VO _,=: aul T.Bruflat,Vice President State of South Dakota County of Minnehaha ss On this 2nd day of June,2016,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR June 23,2021I(PBOUTHWOTAUC sen / CERTIFICATE J.Mohr,Notary Public I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed --� my name and affixed the seal of the said corporation this�!�`i day of vOUR_ETu'"C1 WESTERN SURETY COMPANY .�Qr Q30Aq�4:'Lo r x_ ""�TN pPµO�• n uwm+"D Form F4280-7-2012 L.Nelson,Assistant Secretary RIDER To be attached to Bond No. 929603014 issued by Western Surety Company (As Surety)in the amount of One Million Fourteen Thousand Five Hundred Fifty and No/100 ($ 1,014,550.00 ) Dollars,effective the 3rd day of November 2014 ON BEHALF OF EMJ Corporation IN FAVOR OF FW Waterside Commercial, LLC and City of Forth Worth, Texas In consideration of the premium charged for the attached bond, it is mutually understood and agreed by the Principal and the Surety that: The surety be amended to: Continental Casualty Company All other items,limitations and conditions of said bond except as herein expressly modified shall remain unchanged. This rider shall be effective as of the 3rd day of November '2014 Signed,sealed and dated this the 24th day of November 2014 EMJ Corporation Principal BY: Western Surety Company Surety Accepted: B},: Attorney-in-Fact Patricia S. Kleehammer Bond 22a 00035312/00 EMJ CONSTRUCTION June 17, 2016 City of Fort Worth CFA Administration 1000 Throckmorton St. Fort Worth, TX 76102 RE: Waterside—Water& Sanitary Sewer DOE#: 7343 City Project#: 02402 The purpose of this letter is to acknowledge that EMJ Corporation has been paid in full by FW Waterside Commercial, LLC for the public improvements constructed to serve Waterside Project (Water& Sanitary Sewer) 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, Ray Catlin Executive Vice President Attachment CC: Chris Herman —Trademark Property Heath Wilson— EMJ Corporation 5525 N MacArthur Blvd - Suite 400 Irving,TX 75038 972.580.1210 WWW•EMJCORP,COM 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 Ray Catlin,Executive Vice President of EMJ Corporation.,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; Waterside Project(Water& Sanitary Sewer)—Fort Worth, TX DOE#: 7343 City Project#: 02402 BY: Ray Catlin, Executive Vice President Subscribed and sworn before me on this 17th day of June, 2016. Notary Public TARAH L. DICKENSON _ Notary Public,state of Texas My Commission Expires August 25, 2019 FORTWORTH REV:02/2 2107 TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY I)PROJECT INFORMATION Date: 9/8/2016 Name of Contractor Project Name EMJ Corporation Waterside Water and Sewer Improvements DOE Inspector Project Manager David Beardsley Aaron Long DOE Number Project Difficulty I Type of Contract 7343 10 Simple ® Routine o Complex ©Water o Waste Water ❑Storm Drainage ❑ Pavement Initial Contract AmountFinal Contract Amount $1,014,559.50 ---]$1,050,620.04 1T)PERFORMANCE EVALUATION 0-Inadequate 1 -Deficient 2-Standard 3-Good 4-Excellent ELEMENT I RATING JELEMENT RATING INSPECTION EVALUATION (0-4) PLANS&SPECIFICATIONS (0-4) 1 Availability of Inspector 1 Accuracy of Plans to Existing Conditions 2 Knowledge of Inspector q 12 Clarity&Sufficiency of Details 3 Accuracy of Measured Quantities q 3 Applicability of Specifications 4 Display Of Professionalism 14 4 Accuracy of Plan Quantities 5 Citizen Complaint Resolution (4 PROJECT MANAGER EVALUATION 6 Performance-Setting up Valve Crews,Labs 1 Knowledge And/Or Problem Resolution ADMINISTRATION 2 Availability of Project Manager I Change Order Processing Time 3 Communication 2 Timliness of Contractor Payments 4 Resolution of Utility Conflicts 3 Bid Opening to Pre-Con Meeting Timeframe AT- " &SIGNATURES COMMENTS Signature Contractor Signature DOE Inspector Signature DOE Inspector's Supervisor INSPECTOR'S COMMENTS 1 TRANSPORTATION AND PUBLIC WORKS g The City of Fort Worth•1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •F=(817)392-7845