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Home My WebLink AboutContract 47168-FP1 vepar e Vol[ i r w t-onst.cervices Date Project Manager Cif SECRETARY Uja pl Risk Management S. Can ITWORTH, couTP ►CT No. -4-12 D.O.E. Brotherton i Water Dept. Esteban Per CFA Westerman/Scanned ul ATION AND PUBLIC WORKS F The Proceeding people have been Contacted concerning the request PROJECT COMPLETION for final payment&have released this project for such payment. eveloper Projects) tJ 6Z- -7z17 9 S' NCN•M•tC� . Clearance Conducted By 13�j➢wsy J _ City Project Ns: 02606 Regarding contract 117479 for MORNINGSTAR DEVELOPMENT WS-5 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 vVorks Department has accepted the project as c . E n R p 2 D uv �2 Original Contract Price: DEC 01 2016 $2,800,212.09 Amount of Approved Change Orders: By Ns 1 Revised Contract Amount: $2,800,212.09 Total Cost Work Completed: 16� Recommende or AcceZptance Date Asst. Director, TPW - I Acc4Direcor, DEPART Date AssMEN -1'6 Asst. City Manager Date OFFICIAL RECORD Comments: CITY SECRETARY JMMA.a.LED FT. WORTH,TX DSC 0 2916 _P :2 US- O Q(00(o Initial: Rev.9/22/16 I - \ FQRTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name MORNINGSTAR DEVELOPMENT Contract Limits Project Type WATER City Project Numbers 02606 DOE Number 7479 Estimate Number I Payment Number 1 For Period Ending 11/7/2016 CD City Secretary Contract Number 117479 Contract Time 2laD Contract Date Days Charged to Date 332 Project Manager Buckley Contract is 100.00 Complete Contractor S.J.LOUIS CONSTRUCTION OF TEXAS,LTD P.O.BOX 834 MANSFIELD, TX 76063-0834 Inspectors LAYER / HOUSTON Monday,November 7,2016 Page 1 of 5 City Project Numbers 02606 DOE Number 7479 Contract Name MORNINGSTAR DEVELOPMENT Estimate Number 1 Contract Limits Payment Number i Project Type WATER For Period Ending 11/7/2016 Project Funding WATER Item Description of Items Estimated Estimated Completed Completed No. P Unit Unit Cost P P Quanity Total Quanity Total -------- ------------------- ------------ - 1 ------- --- --------------- ------------ - 1 12"WATER PIPE 10 LF $141.00 $1,410.00 10 $1,410.00 2 16"WATER PIPE 1969 LF $93.00 $183,117.00 1969 $183,117.00 3 24"WATER PIPE 5065 LF $119.00 $602,735.00 5065 $602,735,00 4 36"WATER PIPE 3630 LF $201.00 $729,630.00 3630 $729,630.00 5 16"WATER CARRIER PIPE 110 LF $139.00 $15,290.00 110 $15,290.00 6 36"WATER CARRIER PIPE 525 LF $164.00 $86,100.00 525 $86,100.00 7 30"CASING BY OTHER THAN OPEN CUT 110 LF $79I.00 $87,010.00 110 $87,010.00 8 54"CASING BY OTHER THAN OPEN CUT 525 LF $928.00 $487,200.00 525 $487,200.00 9 CONCRETE EASEMENT FOR UTILITY PIPES 80 CY $110.00 $8,800.00 80 $8,800.00 I0 12"GATE VALVE 1 EA $1,700.00 $1,700.00 1 $1,700.00 11 16"GATE VALVE W/VAULT 2 EA $15,500.00 $31,000.00 2 $31,000.00 12 24"GATE VALVE W/VAULT 6 EA $26,000.00 $156,000.00 6 $156,000.00 13 36"BUTTERFLY VALVE W/VAULT 3 EA $53,800.00 $161,400.00 3 $161,400.00 14 AIR VALVE ASSEMBLY 2"VALVE I EA $10,300.00 $10,300.00 1 $10,300.00 15 AIR VALVE ASSEMBLY 3"VALVE 6 EA $16,200.00 $97,200.00 6 $97,200.00 16 STANDARD BLOW OFF ASSEMBLY 6"VALVE 1 EA $12,700.00 $12,700.00 1 $12,700.00 17 STANDARD BLOW OFF ASSEMBLY 8"VALVE 5 EA $15,700.00 $78,500.00 5 $78,500.00 18 DUCTILE IRON WATER FITTINGS 2 TN $1.00 $2.00 2 $2.00 W/RESTRAINT AND BLOCKING 19 DUCTILE IRON WATER FITTINGS 3 TN $1.00 $3.00 3 $3.00 W/RESTRAINT AND BLOCKING 20 DUCTILE IRON WATER FIITINGS 6 TN $1.00 $6.00 6 $6.00 W/RESTRAINT AND BLOCKING 21 CONNECTION TO EXISTING 16"WATER MAIN 1 EA $4,000.00 $4,000.00 1 $4,000.00 22 CONNECTION TO EXISTING 36"WATER MAIN 1 EA $8,600.00 $8,600.00 1 $8,600.00 23 TRENCH SAFETY 11309 LF $0.01 $113.09 11309 $113.09 24 SWPPP>1 ACRE i LS $5,000.00 $5,000.00 1 $5,000.00 25 REMOVE&REPAIR EXISTING FENCE 200 LF $10.00 $2,000.00 200 $2,000.00 26 REPLACE&RE-ESTABLISH 2"GRAVEL ROAD 1389 SF $1.00 $1,389.00 1389 $1,389.00 27 TRAFFIC CONTROL 4 MO $1.00 $4.00 4 $4.00 28 UTILITY MARKERS 1 LS $1,000.00 $1,000.00 I $1,000.00 29 JOINT BONDING&ELECTRICAL ISOLATION 1 LS $1.00 $1.00 1 $1.00 Monday,November 7,2016 Page 2 of 5 City Project Numbers 02606 DOE Number 7479 Contract Name MORNINGSTAR DEVELOPMENT Estimate Number 1 Contract Limits Payment Number I Project Type WATER For Period Ending 11/7/2016 Project Funding 30 CATHODIC PROTECTION 1 LS $23,000.00 $23,000.00 1 $23,000.00 31 CATHODIC PROTECTION&TEST STATION I EA $1.00 $1.00 1 $1.00 ADJUSTMENT 32 STEEL FITTINGS 1 LS $1.00 $1.00 1 $1.00 33 C303 FITTINGS 1 LS $5,000.00 $5,000.00 1 $5,000.00 Sub-Total of Previous Unit $2,800,212.09 $2,800,212.09 -------------------- ------ ------------ - Monday,November 7,2016 Page 3 of 5 City Project Numbers 02606 DOE Number 7479 Contract Name MORNINGSTAR DEVELOPMENT Estimate Number 1 Contract Limits Payment Number 1 Project Type WATER For Period Ending 11/7/2016 Project Funding Contract Information Summary Original ContractAmount $2,800,212.09 Change Orders Total Contract Price $2,800,212.09 Date Total Cost of Work Completed $2,8007212.09 Contra r Less %Retained $0.00 Net Earned $2,800,212.09 Date Inscti s Earned This Period $2,800,212.09 � � Retainage This Period $0.00 Date/)k Less Liquidated Damages mc' M ger UII J Days @ /Day $0.00 Date I w t L LessPavement Deficiency $0.00 Asst.Dig cto/TPW_ n truc re Design and Construction Less Penalty $0.00 (/ Date rZ/(114 Less Previous Payment $0.00 asf�, Director/Contracting Department Plus Material on Hand Less 15% $0.00 Balance Due This Payment $2,800,212.09 Monday,November 7,2016 Page 4 of 5 DECEVE DEC 01 2016 .5 60l e.6aeo� City Project Numbers 02606 lRy DOE Number 7479 Contract Name MORNINGSTAR DE Estimate Number I Contract Limits Payment Number I Project Type WATER For Period Ending 11/7/2016 Project Funding Project Manager Buckley City Secretary Contract Number 117479 Inspectors LAYER / HOUSTON Contract Date Contractor S.J.LOUIS CONSTRUCTION OF TEXAS,LTD Contract Time 210 CD P.O.BOX 834 Days Charged to Date 332 CD MANSFIELD, TX 76063-0834 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 $2,800,212.09 Less %Retained $0.00 Net Earned $2,800,212.09 Earned This Period $2,800,212.09 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 $2,800,212.09 Monday,November 7,2016 Page 5 of 5 'P a FORTWORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: Morningstar Development WS-5 Water Line PROJECT NUMBER: 02606 DOE NUMBER: 7479 WATER PIPE LAID SIZE TYPE OF PIPE LF 12"inch PVC 10 LF 16"inch PVC 1969 LF 24"inch PVC 5065 LF 36"inch Concrete 3630 LF FIRE HYDRANTS: VALVES(16"OR LARGER) PIPE ABANDONED SIZE TYPE OF PIPE LF N/A DENSITIES: NEW SERVICES: SEWER PIPE LAID SIZE TYPE OF PIPE LF 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 (817)392-7941 •Fax:(817)392-7845 FORTWORTHREV:8/20/16 TRANSPORTATION AND PUBLIC WORKS PERFORMANCE EVALUATION OF CONTRACTOR 1) CONTRACTOR&PROJECT DATA Name of Contractor Project Name SJ Louis Morningstar Development WS-5 Water Line Inspector City Project Number Garey Houston 02606 Construction Components Project Manager D Water ❑Waste Water ❑Storm Drainage D Pavement Pat Buckley Initial Contract Amount Project Dicully $2,800,212.09 O Simple OO Routine O Complex Final Contract Amount Date $2,800,212.09 11/4/2016 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 4 8 8 2 Public Notifications 5 Y 4 20 20 3 Plans on Site 5 Y 2 20 10 4 Field Supervision 15 Y 2 60 30 5 Work Performed 15 Y 2 60 30 6 Finished Product 15 Y 2 60 30 7 Job Site Safety 15 Y 4 60 60 8 Traffic Control Maintenance 15 Y 2 60 30 9 Daily Clean Up 5 Y 1 20 5 10 Citizen's Complaint Resolution 5 Y 4 20 20 11 Property Restoration 5 Y 2 20 1 10 12 After Hours Response 5 Y 4 20 20 13 Project Completion 5 Y 1 20 5 TOTAL ELEMENT SCORE(A) 278 BONUS POINTS(25 Maximum)(B) III)CONTRACTOR'S RATING TOTAL SCORE(TS) 278 Maximum Score(MS)=448 or sum of applicable element score maximums which= 448 Rating([TS/MS]* 100%) 278 / 448 = 62% 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) 01 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,TX 76116•(817)392-8306 FoRTWORTHRE"-0212210' TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY n PROJECT INFORMATION Date: 11/4/2016 Name of Contractor Project Name SJ Louis Morningstar Development WS-5 Water Line DOE Inspector Project Manager Garey Houston Pat Buckley DOE Number Project Difficulty Type of Contract 7479 10 Simple OO Routine O Complex Q Water ❑Waste Water ❑Storm Drainage 0 Pavement 1Initial Contract Amount Final Contract Amount $2,800,212.09 1$2,800,212.09 In PERFORMANCE EVALUATION 0-Inadequate 1 -Deficient 2-Standard 3-Good 4-Excellent ELEMENT RATING ELEMENT RATING INSPECTION EVALUATION (0-4) PLANS&SPECIFICATIONS (0-4) 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 ADMINISTRATION 2 Availability of Project Manager 1 Change Order Processing Time 3 Communication 2 Timliness of Contractor Payments 14 Resolution of Utility Conflicts 3 Bid Opening to Pre-Con Meeting Timefiame "COMMENTS&SIGNATURES COMMENTS Signature Contractor Signature DOE Inspector Signature DOE Inspector`s Supervisor INSPECTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS s The City of Fort Worth•1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fax:(817)392-7845 FoRTWORTH rev 03/05/07 TRANSPORTATION&PUBLIC WORKS FINAL STATEMENT OF CONTRACT TIME FINAL STATEMENT NO. l NAME OF PROJECT: Morningstar Development WS-5 Water Line PROJECT NO.: 02606 CONTRACTOR: SJ Louis DOE NO. 7479 PERIOD FROM 01/11/16 TO: 11/11/16 FINAL INSPECTION DATE: 11-Nov-16 WORK ORDER EFFECTIVE 1/11/2016 CONTRACT TIME 210 O WD OO 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 PERIOD 0 0 0 0 332 332 PREVIOUS 0 PERIOD 0 0 0 0 0 TOTALS TO DATE 0 0 0 0 1332 1332 *REMARKS: CONTRACTOR DATE INSPECT�� DATE RI ENGR4EENG DEPARTT lEtK 4 The City of Fort Worth•1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fax:(817)392-7845 i AFFIDAVIT OF TIM FLEET THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared Tim Fleet,known to me, and first being duly sworn according to law,upon his oath deposed and said: 1. "My name is Tile Fleet. I am a resident of Tarrant County,Texas. I am over the age of eighteen and am competent to make this affidavit. I have never been convicted of a felony. I am the Vice President of FG AIedo Development,L.L.C. ("FG Aledo"),a Texas limited liability. The following matters are within my personal knowledge and are true and correct." 2. "FG Aledo entered into an agreement with a contractor,S.J.Louis Construction of Texas,Ltd. ("S.J.Louis Construction")to complete the Morningside Development Offsite Sanitary Sewer Line,Sewer Project#P275-703140252983 and#P266-703140171983 (the"Agreement"). 3. "As part of that Agreement, Section 12.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects required that upon completion by the Contractor to the City's satisfaction, the City would issue a letter of final acceptance upon the satisfaction of six conditions,two of which were: (i)consent of surety,if any,to final acceptance; and(ii)affidavits of payments and complete and legally effective releases or waivers(satisfactory to the City) of all Lien rights arising out of or Liens filed in connection with the Work. s a 4. "After the completion of the construction, to make sure that this condition was satisfied,I sent an email to Adam H.Lunsford,the Vice President of S.J.Louis,a copy of which is attached as Exhibit"A",requesting that S.J.Louis deliver the Bills Paid Affidavit and Consent of Surety immediately so that the Project could be finalized. Y 5. "As evidenced by correspondence from S.J.Louis Construction to FG Aledo dated September 15, 2016, attached as Exhibit"B", in the fourth paragraph on page 3 of 5, S. J. Louis Construction admits: "We understand you require a few documents such as consent of surety for final payment and affidavit of bills paid. As we have told you numerous times,this can not be done until we receive an acceptable final payment. 6. "As evident by S. J. Louis Constnlction's letter of September 15,2016,the reason that S.J.Louis Construction was not providing these two documents as requested by FG Aledo was AFFIDAVIT of TIM FLFFT PAGE 1 f because S.J.Louis Construction was demanding payment of a final payment on this Project which was acceptable to S.I Louis Construction. 7. "As also evidenced by its letter of September 15, 2016, S. J. Louis Construction denied that the $75,000 in liquidated damages assessed by the Engineer's determination letter of September 1,2016,attached as Exhibit"C",was acceptable to S.1.Louis Construction. S.J.Louis Construction was therefore delaying the City's Final Acceptance, which was delaying issuance of building permits. S.J.Louis Construction demanded FG Aledo pay the full contract amount without regard to the$75,000 in liquidated damages determined by the Engineer to be due,and would not provide the two documents required by the City until it was paid the amount demanded,despite the determination of the Engineer and the provisions of the Agreement. 8. "The payment tendered to S. J. Louis Construction by FG Aledo was a cashier's check in the amount of $298,649.54 and a company check for $19,6760.01, which totaled $318,309.55. 1 personally delivered the checks on September 14, 2016 with the letter from FG Aledo to S.1.Louis Construction attached as Exhibit"D". Because S. J.Louis Construction threw the tendered checks with the letter onto the porch of their yard, 1 retrieved the checks to be re- delivered by Federal Express the following day, September 15, 2016. 9. "This payment was an unconditional payment, which with prior payments of $2,924,998.47 constituted payment for the full amount of the original contract amount of $3,230,563.30,plus payment of Change Orders 1 and 2 in the amount of$87,774.72,minus only the liquidated damages of$75,000 assessed pursuant to the determination of the Engineer as due as of September 1,2016. 10. "This tender of payment was made by FG Aledo although an application of payment for retainage and for Change Order No.2 had not been submitted by S.J.Louis Construction to FG Aledo,and S.J.Louis Construction had not satisfied the condition precedent for this final payment of the City's Final Acceptance. 11. "FG Aledo's tender of payment to S.J.Louis Construction specifically stated that the payment was unconditional and that S. J. Louis Construction's deposit of the checks would not waive S. J.Louis Construction's right to contest amount of payment. =i 12. The tender of payment to S. J.Louis Construction fulfilled a FG Aledo's payment j obligations to S. J. Louis Construction under the Contract Documents, subject only to a potential subsequent challenge by S.J.Louis Construction of the$75,000 liquidated damages determined by the Engineer to be assessed. 13. FG Aledo has received no Sworn Statement of Account pursuant to Sections 2253.041-2253.047 of the TEXAS GOVERNMENT CODE, no Notice to Owner of Unpaid Claim pursuant to Section 53.056 of the TEXAS PROPERTY CODE,and no Notice of Filing of Lien Affidavit pursuant to Section 53.055 of the TEXAS PROPERTY CODE. One of S. J. Louis Construction's subcontractors,DT Utility Contractors,Inc.did provide to FG Aledo notice of an invoice unpaid by S.J.Louis Construction. FG Aledo has satisfied this claim with DT Utility and obtained its release with an assignment of its claim against S.J.Louis Construction, attached as Exhibit E." ArF[DAVIT Or TIM FLrE+T PAGE 2 ff { Further,Affiant says not. Tim Fleet SUBSCRIBED AND SWORN TO BEFORE ME this the- t,�' day of September,2016. SHARIA J.NEWKIRK _ t v Notary Public,ware or texas Notary Public and for the State of Texas •r��PV 2 Comm.Expires 02.05.2020 Notary ID 5452690 n e i s a a K li R, 3 _ I AmDAVITor,Tim FLEET PACS 3 r I Stephen Harrison From: Tim Fleet[fleet@lacklandholdings,comj Sent: Tuesday, September 06,2016 3:49 PM To: 'AdamL@SJLouis,Com' Cc: Kim Gill(kgill@sableholdings.com);Timothy J.Welch(twelch@welcheng.com) Subject: Bills Paid Affidavit and Consent of Surety Attachments: DOC102.pdf Adam, Please deliver the bills paid affidavit and consent of surety on the attached project immediately so that it can be finalized. 13 Tim Fleet President Lackland Holdings, LLC 3045 Lackland Road I Fort Worth,Texas 76116 Office:817.717.71331 Fax:817.732.2291 1 Mobile:817.929.9021 Email:(lociNacklandholdinns coni Web:vnvw.lacklandholdinos corn This message(and any associated riles)is Intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential,subject to copyright or constitutes a trade secret.if you are not the Intended recipient you are hereby notified that any dissemination,copying or distribution of this message,or files associated with this message,is strictly prohibited.If you have received this message in error,please notify us immediately by replying to the message and deleting it from your computer.Messages sent to and from us may be monitored. Internet communications cannot be guaranteed to be secure or error-free as information could be intercepted,corrupted,lost,destroyed,arrive late or incomplete, or contain viruses.Therefore,we do not accept responsibility for any errors or omissions that are present in this message,or any attachment,that have arisen as a result of e-mail transmission.If verification is required,please request a hard-copy version Any views or opinions presented are solely those of the author and do not necessarily represent those of the company. 4 i r+ t I1� fl r 5 FORTWORTH PROJECT MANUAL FOR TBE CONSTRUCTION OF MORNINGSTAR DEVELOPMENT– oFF-SITE SANITARY SEWER DOE:7503,C4 Project No.:02591,X-23222 Sewer ProjectNo..- P275-703140252983 AND DOE.4161 City Project No.:01719,X-23223 Sewer Project No.: P266-703140171983 Betsy Price David Cooke Mayor City Manager John Robert Carman Director, Water Department Douglas W.Wiersig,P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth W. 1308 Norwood Drive, Suite 200 Bedford, Texas 76022 %'`0f MY YTM —IV JEl CHY JUNE 2015 r. L �a u � 01 ---TK 520 South 6th Ave,, P.O. Box 834 817/477-0320 Office 1817/477-0552 Fax Mansfield,Texas 76063 Equal Opportunity Employer/Contractor September 15,2016 Via Email and Registered Mail:Kim Gill,kgill@sableholdings.com Cc:Wendy Chi-Babulal, EMBA, P.E., Cihj of Port Worth, Wendy.Chi-Babulal@fortworthtexas.gov Cc: Via Email Only:Timothy J. Welch, P.E., Welch Engineering,Inc., twelch@welcheng.com FG Aledo Development,LLC City of Fort Worth,Water Planning&Development Engg. 3045 Lackland Blvd. City Hall Building,1000 Throckmorton St.,2nd Floor Fort Worth,Texas 76116 Fort Worth,Texas 76102 Attention: Mr.Kim Gill Ms.Wendy Chi-Babulal,EMBA,P.E. Reference: Morningstar Development Off-site Sanitary Sewer Line and Sanitary Sewer j Extension to Serve Walsh Ranch, Phase 2 (Halff), City of Fort Worth Project No. 01719 and 02591 ("Project") Subject: Request for Additional Price and Time for Contract Changes Dear Mr. Gill: In response to your consultant, Welch Engineering,Inc.'s letter dated September 1,2016, we are requesting for additional price and time for contract changes,as follows. Contract completion dates: Notice to Proceed- January 4,2016 Original Contract Completion Date- July 9,2016 (180 Calendar Days) Actual Final Completion Date- September 13,2016 (253 Calendar Days) Above shows that a total of seventy-three (73) additional days were taken to complete the project. i Additional Time i The following represents a summary of the additional time that should be added to the Contract: Additional work included in Change Order No. 1: Six(6) days Additional work included in Change Order No.2: Three(3) days i� Changes associated with deletion of 2nd Siphon: Twelve(12) days Additional time per email 4/27/16 to Kinn Gill: Thirty (30) days, includes weather thru April 2016 21525 Request for Additional Price and Time for Con EXHIBIT Page 1 of 5 Non-Payment Delays (7/20/16-8/19/16): Thirty(30) days Weather Delays-May 2016: Seven(7) days Weather Delays-June 2016: Two(2) days Weather Delays-July 2016: Four(4) days Weather Delays- August 2016: Four(4) days Days warted on Punch-list after Walk-thru: Two(2) days Delay/ Time Impact while awaiting R&C direction: Fourteen(14) days Delay/Time Impact while awaiting MH top direction: Fourteen(14) days Thus, Total Additional Calendar Days to be added to the Contract is One Hundred Twenty-Eight(128)Days.Results in us completing the project fifty-four(54)days early. As you can see, there were numerous circumstances beyond our control which justify additional time being added to the Contract. This included the thirty (30) days included in my email dated 4/27/16 as sent to Kim Gill and later discussed. This was associated with our acceptance of using DT Utilities on the project after two months of requests by Kim Gill. It was clear even at that point that we would not meet the original completion date and this is why additional time was discussed at that point. Regardless 9f all this, FG Aledo Development, L.L.0 (FG Aledo) was in breach of the terms of the Contract at several times by not making their Contractual monthly payments as stipulated in the Agreement. At one point in July/ August they were 30 days late in the payment of$605,721.76 (50 days after the end of the month). S.J. Louis had the right to pull off the project as the FG Aledo wasn't even able to provide us with a date as to when to expect payment. S.J. Louis continued the work in good faith while FG Aledo worked with the City of Ft.Worth to work out their payment issues. It was determined by FG Aledo that the City of Ft. Worth would only pay their portion of the Contract value once the project was complete. S.J. ' Louis suffered financially while FG Aledo made other arrangements to obtain the funds and finally pay S.J.Louis. With regard to your claim for $54,000.00 in liquidated damages thru the date of your letter(9/1/16) plus an additional $1,000.00 per day until the City's Final Acceptance,S.J. Louis has made it perfectly clear on numerous occasions that we would not accept this claim. It's a interesting to note the email received from Tim Fleet at 4:51PM on Tuesday,September 13,2016 } (see below)where we are threatened with an additional$21,000.00 of LD's when its only twelve days from your September 1,2016 letter. Adam, i I just got off the phone with Kira Gill. If you will deliver the bills paid affidavit { and consent of surety to Garey by noon tomorrow we will stop the LDs at $75,000,00. Otherwise, they will continue to run at $1,000,00 per day. We are { waiting to hear bacTc from the city what our financial obligation is concerning change 21525 Request for Additional Price and Time for Contract Changes 9-15-16 Page 2 of 5 _ i order number one. We have asked the cihj for that information and are zoaiting to hear back,As soon as zve have this information, we zoill overnight you a check for the retainage and the change order. S.J. Louis will not respond to threats or unprofessional tactics. The unprofessional tactics are further supported by your actions of September 14,2016. As you may or may not be aware, Tim Fleet arrived at our office in Mansfield around 4:OOPM unannounced or unscheduled. He brought with him an envelope. He handed the envelope to our receptionist and then handed her a letter asking her to sign it. The document he tried to get her to sign was some sort of proof that we were in receipt of the envelope. Fortunately our receptionist would not sign it and she located me in the office. Being caught off guard not knowing what it was, I opened the envelope to see a check and a letter. The letter included a breakdown of payment and amounts and included some notation of a deduction of$75,000.00 for liquidated damages. I placed the document with the check back in the envelope and took it with the letter he attempted to have signed and I went to the receptionist area where Tim was waiting for what I assume was the signed document. I simply stated to Tim that"we were not accepting this"and attempted to hand it back to him. Tim refused it and made some comment about"this is what I was told to do" and proceeded to walk out the front door. I opened the front door and again stated to Tim,"we are not accepting this so here". Tim would not take it back and I left it out on the front porch. Tim drove off and then returned maybe 5-10 minutes later to pick it up and take it with him.We don't appreciate such unprofessional behavior. We made it perfectly clear that we would not accept any liquidated damages given the circumstances on the project. We would not accept the check as to avoid any thought that S.J. Louis was in agreement with these numbers. Upon further review of the amounts proposed in ' the letter we were delivered yesterday, the amounts are not even correct beyond that of the liquidated damages. We understand you require a few documents such as a consent of surety for final payment and affidavit of all bills paid. As we've told you numerous times,this can not be done until we receive an acceptable final payment. At this point the work is complete in the field and the line is in service. We have completed and agreed on final quantities (Change Order No. 1 dated 9/8/16 in the amount of $57,744.71 reflects these adjustments). Only two issues keeping us from closing out the project and they are the value of Change Order No.2 and your claim to liquidated damages. We firmly believe that there have been numerous delays on the project beyond our control that exceed the number of days claimed. Therefore, any application of liquidated damages are not reasonable and shall be construed as penalty. Additional Time With regard to the Change Order No. 2 we have the following position: On April 27, 2016,in my email to Kim Gill it was originally brought up this change resulted in an additional $38,000-00. All of this discussion was an attempt to get everything on the table as we were doing what FG Aledo wanted by getting DT Utilities involved to help the schedule. The 21525 Request for Additional Price and Time for Contract Changes 9-15-16 Page 3 of 5 subsequent conversation I had with Kim regarding that email was Kinn stated something to the effect of "'I'm sure you're due every bit of that if not more'. There was no issue with the $38,000.00 and we were told FG Aledo would go to the City and get us paid. Upon further review of the cost breakdown my team had prepared,there was a mistake in the original figure and that is why the formal request was made in the amount of$41,998.00. In the meeting we had at Tim Fleet's office on August 17, 2016 between myself, Loren White, Tim Fleet, and Kim Gill, we were told again that FG AIedo would go to bat for us with the City and get us paid for the connection change order. Much to our disappointment,this did not happen. Contrary to this,S.J.Louis was left to defend ourselves and even later requested to deal directly with the City to see what they will pay. Again,in good faith and in an attempt to bring closure to the project, S.J. Louis had discussions with the City where they stated they would accept$30,000.00 for this change. S.J. Louis still holds the original dollar value of this change as an appropriate value for this change and we consider previous discussions with FG Aledo as acceptance of this amount or at least the originally discussed $38,000.00. We also understand our Contract is with FG Aledo and the amount we are paid for this change may be different than the$30,000.00 the City has approved. The following represents a summary of the amounts to be paid,paid,and owed that are required to close-out this project: Original Contract Amount: $3,230,563.30 Change Order No.1 (Qty. Adjustments): $57,744.71 Change Order No.2(Connection Cost): $38,000.00 } Interest on Late Payments per Contract: Waived if Payment Received in Full by 9/19/16 Total/Final Amount Due: $3,326,308.01 Less Previous Payments to Date: ($2,924,998.47) Final Payment Due: $401,309.54 On October 20, 2015 S.J. Louis submitted a bid for this line that was nearly $751,000.00 under the Engineers estimate. This was also the difference to the next bidder therefore saving FG Aledo and the City of Ft. Worth, Texas a great deal of money. We even reduced our price from the original bid in September 2015 by $50,000.00. We find it hard to imagine why we would be treated in this manner given our efforts to work with you whenever possible to expedite this project. This was an extremely difficult project given the depth of the line and the volume of hard rock encountered. Not to mention one of the wettest springs in decades. There were several issues along the way that even though the Engineer,FG Aledo, and the City worked to resolve as soon as possible still resulted in delays to the progress of the work. We are only asking to be treated fairly and we strongly believe the above amount is due. r 21525 Request for Additional Price and Time for Contract Changes 9-15-16 Page 4 of 5 As soon as we receive this final payment we will execute final change order(s) and provide you with the required final paperwork. Again, these documents cannot be provided until we receive an acceptable final payment. Please review and let us know if you have any questions. Nothing in this letter should be construed as a waiver or release of any right, remedy, defense and/or claim that SJL may have under any contractual,bond,warranty, quasi-contractual,tort, equitable, statutory,or other theory,whether now or in the future. SJL expressly reserves all of its rights,remedies,defenses and/or claim. Sincerely, S.J.Louis Construction of Texas,Ltd. funsford Adam H, Vice President/ Construction Manager { 21525 Request For Additional Price and Time for Contract Changes 9-15-16 Page 5 of 5 jT . r CONSUL TING ENGINEERS September 1, 2016 S.J. Louis Construction of Texas,Ltd. FTA CERT I FI E&D MAIL 520 S. 6`h Avenue Mansfield,Texas 76063 As you know, I am the Engineer on the Morningstar Development - OFF-SITE SANITARY SEWER (DOE: 7503, City Project #: 02591, Sewer Project #P275- 703140252983 and DOE: 4161, City Project #: 01719, Sewer Project 0266- 703140171983) as designated in paragraph 1.01 of the General Conditions of the Construction Agreement dated November 17, 2015 (the "Agreement") between FG Aledo Development, LLC ("FG Aledo") and S. J. Louis Construction of Texas, Ltd. ("S. J.Louis Construction"). Paragraph 3.1 of the Agreement provides that for all time limits and the Final Acceptance, time is of the essence. Paragraph 3.2 of the General Conditions of the Agreement provides that the Work will be completed for Final Acceptance within 180 calendar days after the date when the Contract Time commences to run. The Final Acceptance is defined in special condition paragraph 1.01(A)(15) of the Standard City Conditions of this Agreement,and was required to occur on July 9,2016. The actual number of calendar days that has elapsed from when the Contract Time commenced on the Project until the date of this letter is 234 days,and the City's Final Acceptance has still not occurred. Paragraph 3.03 of the Agreement provides that P.O.Box 820218 a North Richland Hills75 -Fax 817-589-0990-Metro 817-589-2900 S.J. Louis shall pay to FG Aledo,as liquidated damages for delay and not as a penalty, One Thousand($1,000.00)per day for each day that expires after the 180 calendar day time elapses until the City issues the letter of Final Acceptance. S.J.Louis Construction should promptly proceed to take whatever action is required to effectuate the City's Final Acceptance on this Project because liquidated damages will continue to accrue. As the Engineer on the Project, I have determined that the time of delay in completion of the Project by S. J. Louis through the date of this letter is 54 days, and the amount that S.J. Louis owes to FG Aledo is $54,000.00 to date, plus$1,000 for each day after this letter until the date of City's Final Acceptance. This determination of the liquidated damages amount will be used in my subsequent determinations of the amount owed to S. J.Louis Construction. If you have any questions with regard to this determination,please give me a call. Very truly ours, t; Timothy J. el ,P.E. President cc: FG Aledo Development,Inc. VIA EMAIL 3045 Lackland Boulevard Fort Worth,Texas 76116 Mr.Patrick Buckley,P.E. VIA U.S.MAIL City of Fort Worth Transportation and Public Works Department IPRC 1000 Throckmorton Street Fort Worth,Texas 76002 i y EG AILED® DEVELOPMENT, L.L.C. 3045 LACKLAND RD. FORT WORTH, TEXAS 76116 September 14, 2016 f Adam Lunsford S.J. Louis Construction of Texas 520 S. 6TH Avenue Mansfield,Texas 76063 Re: Morningstar Off-Site Sanitary Sewer Line (DOE#7503,City Project No.02591) Dear Mr. Lunsford, Enclosed please find a cashier's check in the amount of$298,649,54 and a company check in the amount of$19,660.01 which is being tendered to you without condition,and your deposit of negotiation of this check will not waive S.J. Louis Construction's rights to proceed with any claim contesting this amount as full payment for the referenced contract. This amount was determined by the following contract accounting: Original contract Amount $3,230,563.30 Change Order 1 &2 $ 87,744,72 Revised Contract Amount $ 3,318,308.02 Minus Prior Payments $_(2,924,998.47 Minus Liquidated Damages $ (75,000.00) Contract Balance $ 318,309,55 ? Thank you, s `Tim 11. Fleet Vice President EXHI rr THE STATE OF TEXAS § COUNTY OF TARRANT § $89,025.31 FINAL RELEASE AND WAIVER OF LIEN RIGHTS ASSIGNMENT OF CLAIMS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Colton Tollett, who, being by me first duly sworn, upon oath deposes and says: 1. "� am an authorized representative of D.T. UTILITY CONTRACTORS, INC. ("CLAIMANT"), the undersigned material supplier in connection with the construction, improvement and/or repair of the MORNINGSTAR DEVELOPMENT OFFSITE SEWER LINE, CITY OF FORT WORTH PROJECT #P275-703140252983 AND#P266-703140171983 (the `PROJECT') for F.G, ALEDO DEVELOPMENT, L.L.C. (`OWNER') pursuant to a contract with S.J. LOUIS CONSTRUCTION OF TEXAS, LTD. (`CONTRACTOR'), and I am authorized in such capacity to make this affidavit." 2. "I certify that pursuant to an agreement with CONTRACTOR, the CLAIMANT has supplied labor, materials, or both to CONTRACTOR, Inc. for use on and/or incorporation into the PROJECT." 3. "I further certify and warrant that after allowing all just credits, offsets, and payments, the amount of 589,025.31 as reflected on Exhibit "1" remains unpaid and is due and owing to the undersigned from Colburn Roofing Service, Inc., that said amount is just and correct, and that said amount represents charges for labor,materials, and/or services furnished to Colburn Roofing Service,Inc.for use on and/or incorporation into the PROJECT." 4. "I hereby certify that all debts and obligations incurred by the undersigned in connection with labor, materials,and/or services furnished to CONTRACTOR for use on and/or t' incorporation into the PROJECT have been paid in full." 5. "IN CONSIDERATION FOR THE PAYMENT BY OWNER, THE UNDERSIGNED HEREBY RELEASES ALL MECHANIC'S LIEN RIGHTS AND/OR EQUITABLE LIENS AND/OR BOND CLAIMS OF ANY KIND IT HAS OR MAY HAVE RELATED TO LABOR, MATERIALS, AND/OR SERVICES FURNISHED TO CONTRACTOR FOR USE ON AND/OR INCORPORATION INTO THE PROJECT. THE F UNDERSIGNED FURTHER RELEASES THE OWNER, CONTRACTOR, AND THEIR I. LENDERS, FINANCIAL INSTITUTIONS, SURETIES, OFFICERS, DIRECTORS, PARTNERS,AGENTS,AND EMPLOYEES (collectively the`RELEASED PARTIES')FROM c ALL OTHER CLAIMS OR ACTIONS ITS HAS OR MAY HAVE ARISING OUT OF ANY CLAIM FOR PAYMENT FOR LABOR, MATERIALS, AND/OR SERVICES FURNISHED TO COLBURN ROOFING SERVICE, INC. FOR USE ON AND/OR INCORPORATION 1 FINALRELEASEAND WAIVER OFLIEN RIGIPI:SANDASSIGNMENTOPCLAIMS - - PAUEIOr3 � G� 9 INTO THE PROJECT. THE RECEIPT AND SUFFICIENCY OF THIS PAYMENT IS HEREWITH ACKNOWLLDGED" 6. For the good and valuable consideration herein stated,the receipt and sufficiency of which is acknowledged, the undersigned hereby GRANTS, CONVEYS, AND ASSIGNS to OWNER all of its right,title,and interest in and to any causes of action against CONTRACTOR and its officers, directors, agents, and guarantors which arise out of, or are directly or indirectly related to, the failure of CONTRACTOR to pay the undersigned's invoices identified in the attached Exhibit`A' hereto, which exhibit is incorporated herein by reference,including but not Iimited to all claims arising under Chapters 28 and 162 of the TEXAS PROPERTY Corm This assignment conveys to OWNER the full right and power to maintain said causes of action,and to settle, compromise, or dismiss, with or without prejudice, said causes of action. CONTRACTOR agrees to reasonably cooperate with OWNER and OWNER's legal counsel in 7 bringing such action or proceeding. SIGNED this the 22nd day of September,2016, D.T.UTILITY CONTRACTORS,INC. 2614 CAUSBIE ROAD WEATHERFORD,TEXAS 76087 (817) 881-4406 By: Colton Tollett,Vice President Date: 1 Y� FINAL RELEASE AND WAIVER OF LIEN R101M AND ASSIGNMENT OF CLAIMS PAGE 2 OF 3 i { TIME STATE OF TEAS § COUNTY OF COLLIN § SUBSCRIBED AND SWORN TO BEFORE ME,the undersigned Notary Public,on this day by Colton Tollett, the authorized representative of D.T, UTILITY CONTRACTORS, INC. who personally appeared and is known to me to be the person and authorized agent whose name is subscribed to the above and foregoing instrument,and acknowledged to me that she executed the same on behalf said company,as the act of such company for the purposes and consideration therein expressed,and in the capacity therein stated. Given under my hand and seal of office this day of September,A.D.,2016. 1 � LIP,� mimAm VEGA Notary Public,State of Texas Notary Public.Slate of Texas a My Commission Expires October 06,2014My Commission Expires- FINAL xpires: to �_ 7 } i 'I. i i i 1 i t f 7 f INAL R13LEASE AND WAIVER OF LIEN RIGHTS AND ASSIGNIVITINT OF CLAIMS IIAGG 3 GF 3 D.T.UTILITY CONTRACTORS,INC. 2614 CAUSBIE ROAD WEATHERFORD,TEXAS 76087 PHONE(817)9914406 Date: Se f 6,2 - To; S.J.LOuls INVOICEIVO 151-04 {FINAL i VOIGEO Re; Nfor0lne�sfar•Oif-S/(ti Seti�er - -- _ Contract Month Month To Dete To Date Dau:dn1Ton Unit Qu. antity unitPact), Oil 11 Amount of+dnt miou 1. 3D"SawerPlpa tnsleilation LF 1762 S 82,00 1762 S 109,244.00 3 24"Sower Pipe Installation LF 870 S 58.00 0 $ 870S 48,720.00 4 21"Sewer Plpe Installation LF 1068 S 54:00 0 S 1056 S 57,024.00 21"Sower Pipe Installation 6 {Carder) LF 426 S 64,00 _ 0 $ 426 $ 22,960.00 10 36"Casing By Open-cut GF 425 3 65.00 0 S - 426 S 27,626,00 Concrete Fns asement For Uti6(y 12 PIpBe CY 216 S 110.00 0 S _. 216 $ 23,760.00 r: 6'Diameter Manhole(O-V) 13 Installation EA 13 S 1,840.00 0 $ 13 5 23 920.00 V Diameter Menhole Extra Depth 16 Instalelton VF 145.82 S 66.00 0.000 9 145.820 S 9,478.30 20 Concrete Collar EA 13 $ 400.00 0 S 13 5 5,20D,0D 21 Trench Water SF0P _ EA 12 g 425.00 _ 0 S 12 _$ 5.100.00 ) 22 Exterior Vent Installation EA 411 S 800-OD 4 S 3;ZOD,OD Total S 330,221.30 S Net Quo S 336,?21,30 S _ _ Less 5%Reteinago 3 S 1G;611 QT Total Duo S_ S 319,41024 J Contract.Totet $-.,336,221.30 r Total Earned To Data S 33G,221,30 Less Payments Received 5 336.221,80 Total Due Upon Receipt S 09,025,31 - 3 Y It { t i t EXHIBIT t i S.J. LOUIS CONSTRUCTION OF TEXAS LTD. 520 South 6'h Ave., P.O. Box 834 817/477-0320 Office/817/477-0552 Fax Mansfield, Texas 76063 Equal Opportunity Employer/Contractor October 31,2016 Via Email and Registered Mail:Kim Gill, kgill@sableholdings.com Cc:Wendy Chi-Babulal, EMBA, P.E., City of Fort Worth, Wendy.Chi-Babulal@jbrtzvorthtexas.gov Cc: Via Email Only: Timothy J. Welch, P.E.,Welch Engineering,Inc., t7t7elch@7velcheng.com FG Aledo Development,LLC City of Fort Worth,Water Planning&Development Eng. 3045 Lackland Blvd. City Hall Building,1000 Throckmorton St.,2nd Floor Fort Worth,Texas 76116 Fort Worth,Texas 76102 Attention: Mr.Kim Gill Ms.Wendy Chi-Babulal,EMBA,P.E. Reference: Morningstar Development WS5 Offsite Waterline, City of Fort Worth Project No. 02606 ("Project") Subject: Contract Completion Dear Mr.Gill: This letter shall serve as response to Mr.Tim Fleet's email on October 28,2016. S.J.Louis has and will continue to work diligently to complete the work covered in this Contract. As documented in our letter dated September 29, 2016, there have been numerous issues on this project which have impeded progress and eliminated the original completion date. Please note, over a month later we have yet to receive a response to this letter and it is attached for your convenience. Even after the date of this original letter, there have been additional delays with the pump station where required water pressure was not available to push our pigs and delayed pressure testing of the lines, and S.J. Louis remained ready, able and willing to complete the work. S.J. Louis worked through the issues with the City and as of Monday, October 24, 2016 the WS5 waterline has been pigged, passed a pressure test, received passing bacteria samples and the line is ready for service. It is our understanding that the City was to perform the startup operations of the PRV Station and Walsh Pump Station last Wednesday, October 26, 2016. Other than one day last week S.J. Louis has had the same crew onsite even working Saturdays to expedite completion of the Contract. As previously stated, there are numerous items of work that could not take place until the line was placed in service. S.J. Louis will continue to push for the completion of the work and we will endeavor to complete the work by November 4,2016. 21526 Contract Completion 10-31-16 Page 1 of 2 The delays on the project are well documented and we are due a reasonable amount of time to complete the work. S.J. Louis has given no indication of not finishing the project and in fact has gone above and beyond to work with the City to get our line pigged and tested. You have indicated that you understand the Pump Station is complete however you do not understand as to why our work is not complete. The Pump Station was just recently completed and as you should be aware, our line could not be completed until the pump station was able to provide water for testing, etc. This results in a period of time for the WS5 waterline to be completed after the Pump Station was operational. There are significant differences between making a 12" waterline and a 36" waterline operational. It does not happen overnight. The City has specific procedures and expectations and we have worked to accomplish these requirements and provide them with a quality waterline. The line has passed all required tests and we have provided the City with a good line. We understand PG Aledo's desire to complete the work as soon as possible and we share this desire. We will continue to work towards this goal but at no time will we sacrifice quality to expedite completion. Nothing in this letter should be construed as a waiver or release of any right, remedy, defense and/or claim that SJL may have under any contractual, bond, warranty, quasi-contractual, tort, equitable, statutory, or other theory, whether now or in the future. SIL expressly reserves all of its rights, remedies, defenses and/or claim. Sincerely, S.J. Louis Construction of Texas,Ltd. Adam H. unsford Vice President/ Construction Manager 21526 Contract Completion 10-31-16 Page 2 of 2 O.J.2V, -/2 LOO coM57 RUCooM (OF u0ma L'TDo 520 South 61h Ave., P.O. Box 834 817/477-0320 Office/817/477-0552 Fax Mansfield, Texas 76063 Equal Opportunity Employer[Contractor September 29,2016 Via Email and Registered Mail:Kim Gill, kgill@sableholdings.cont Cc:Wendy Chi-Babulal, EMBA, P.E., City of Fort Worth, Wendy.Chi-Babulal@fortzvorthtexas.gov Cc: Via Email Only: Timothy J. Welch, P.E.,Welch Engineering,Inc., tzvelch@zveicheng.com FG Aledo Development,LLC City of Fort Worth,Water Planning&Development Eng. 3045 Lackland Blvd. City Hall Building,1000 Throckmorton St.,2nd Floor Fort Worth,Texas 76116 Fort Worth,Texas 76102 Attention: Mr. Kim Gill Ms.Wendy Chi-Babulal,EMBA,P.E. Reference: Morningstar Development WS5 Offsite Waterline, City of Fort Worth Project No. 02606 ("Project") Subject: Request for Additional Time Due to Contract Delays Dear Mr. Gill: In response to your consultant, Welch Engineering, Inc.'s letter dated September 1, 2016, we are requesting for additional time for contract delay,as follows. Contract completion dates: Notice to Proceed- January 11,2016 Original Contract Completion Date- August 8,2016 (210 Calendar Days) As you will see below, due to the delay on the project we are requesting additional time to be added to the Contract however, it's important to point out the inaccuracies of Welch's letter. In this letter Tim references an original July 16, 2016 Contract completion date and forty- seven (47) days of liquidated damages based on an erroneous project's original Contract completion date. Our Notice to Proceed date is January 11, 2016 and this Contract included 210 days of Contract time,resulting in August 8,2016 as the Contract original completion date. Additional Time As discussed many times and acknowledged by all parties, the project was delayed for the completion of the City's pump station and its ability to provide suitable water pressure to allow for the pigging&testing of our waterline. There were several emails about this followed by a meeting at the City's office where it was agreed that S.J. Louis could not proceed with pigging&testing until the City's pump station was online and therefore at that point the project 21526 Request for Additional Contract Time 9-29-16 Page 1 of 3 was being delayed due to reasons beyond our control. This is actually acknowledged in several emails including the email from Tim Fleet to Wendy Chi-Babulal on August 3, 2016 where it is documented the City agreed to grant an exception to the utility agreement since the City's pump station was not completed and the majority of the lots can be served by the W54 waterline and building permits could be issued on most of the lots. Based on the fact the City's pump station was not completed and we did not have access to water to finish our work, our project was delayed and we cannot be held responsible for the delay and therefore additional time must be granted from the point the City's pump station is completed and we have access to the water needed to pig and test our waterlines. In early August (also acknowledged in the previously mentioned email) the pump station wasn't to be ready for"several more weeks". At that point,S.J. Louis was told to expect water to be available by early September. On August 30, 2016 Kim Gill emailed me to inform me "the pump station is done and the pigs can be blown". This was not the case. Per Garey Houston's (of Freese and Nichols, Inc., the City's consultant) email dated September 19, 2016, "the pump station is not ready to load the line. It may be up to 2 more weeks before ready". This is further supported by the fact that per Ryan Koontz's (Felix Construction, City's pump station contractor) email on September 22, 2016 that it is now planned for the pump station to actually test the pumps and perform startup today, September 29, 2016. During the time of Garey's email it was our understanding from Felix Construction that they hadn't even tested the pumps and they are just now doing so. The fact is that we could not finish our work and we are still being held up until an appropriate volume of water is provided from the pump station. There is absolutely no possible way S.J. Louis could be considered responsible for the delay in the completion of the project and under no circumstances will we accept any assessment of liquidated damages. Furthermore, FG Aledo Development, L.L.C. directed S.J. Louis to pull crews from the waterline project and place them on the sewer project in order to expedite its completion. This was done with the agreement that FG Aledo would waive any liquidated damages on the waterline (given their direction/ request to pull crews off the waterline). This agreement was made before the delay with the pump station was known. Even though this agreement was verbal, it is documented in Tim Fleet's email to me on August 12,2016 where he is asking if we need to discuss LDs (in reference to the sewer job)and Tim confirms: "I told Loren about our agreement not to charge LDs on the waterline since you were pulling a crew off to work on the sewer line". This statement clearly reconfirms FG Aledo's prior agreement that there were not to be any LDs on the waterline project. Based on the above it is unreasonable for FG Aledo to withhold any monies for assessment of LDs and it is a further breach of the Contract by FG Aledo.We expect the balance owed to be paid immediately. With regard to the actual/ proposed final completion date, given the pumps haven't even passed a test and the pump station deemed ready for service, we cannot provide an estimated completion date. At this point (and have been for some time now) we are ready to begin pigging&testing,etc. Per our agreement with FG Aledo as well as given the delays with 21526 Request for Additional Contract Time 9-291.6 Page 2 of 3 the water source, time will need to be extended to the actual final completion date once it is achieved. S.J. Louis will work to complete the project as soon as possible,however,we will only do so if our monthly pay requests are made current and are paid timely per the Contract without any withholdings other than the Contract allotted 10% retainage until final completion is reached and retainage is paid. Continued Payment Delays For the record, just the most recent payment delay on the project is in reference to our Pay Estimate #7 (work completed thru July 31, 2026) in the amount of $503,716.68. Per the Contract we are to be paid by the 20th of the following month (August 20, 2016). S.J. Louis received a check for $4.81,142.68 on September 22, 2016. There is no explanation for the difference in the amount and the balance remains outstanding. It should not be SJ. Louis' responsibility to financially support the project and we expect payments to be made in accordance with the Contract,and made current immediately. Questionable Conduct by F.G.Aledo On September 28, 2016 we received an email string where the City's project manager is asking the City's attorney how to have S.J. Louis removed from the project per the request of F.G. Aledo. It was also included in the email chain where another construction company (D.T. Utility)was contacted in reference to our project with regard to a potential additional scope of work being added to our 36" waterline. They have no business being involved in our project, for a multitude of reasons including the fact they are not prequalified to work on-large diameter water lines in the City of Ft. Worth. SJ. Louis has done nothing but continue to perform our Contractual obligations. It is unclear as to F.G. Aledo's motives and the reason for their efforts to withhold moneys due S.J.Louis and now make inquires to remove us from the project. These efforts and the discussions with D.T. Utility are extremely unjustified, and unethical. Please be made aware that S.J. Louis will protect our rights and interests in the project to the maximum extent allowed by the Contract and Texas laws. Please respond to this letter and inform us of your intentions with regard to Contract time so we may proceed accordingly. Let us know if you have any questions and/ or require any additional information. Nothing in this letter should be construed as a waiver or release of any right, remedy, defense and/or claim that SJL may have under any contractual, bond, warranty, quasi-contractual, tort, equitable, statutory,or other theory, whether now or in the future. SJL expressly reserves all of its rights,remedies, defenses and/or claim. Sincerely, S.J.Louis Construction of Texas,Ltd. Adam H. unsford Vice President/ Construction Manager 21526 Request for Additional Contract Time 9-29-16 Page 3 of 3 Adam Lunsford From: -Carey,-HQq�ton <gbh@freese.com> Sent: :UGRc(aWiS0ptPM-ber:191 24364 3D.PM To: Buckley,Patrick;Adam Lunsford;Harder,Christopher Cc: kgill@sableholdings.com;twelch@welcheng.com,Tornero,Victor,Chi-Babulal,Wendy; Westerman,Julie;Harrell,D.1.;Owen,Billy;Tim Fleet;Layer,Mike Subject: RE:Morningstar-WS-5 Patrick The email below from Chris Harder states that the Pump Station was ready to test on Aug.30th. N5WpheaYing-6boltt a meeting-that-Wbk.piaceyn,ttwfie{dlwit4im-T/P-W,)-%t.his-rnorning:thatthe-pump!station is riofi ready to toad the line :It r�t�y_be.�p,tt�:��mor�Y-wee�Cs;be#oretirea��. �Isp,�r�pw he,Vi/ater>Dept:is;equirit�g_flat:SJ.-L4,uiszCCT�i the Inc�,port3on.c2f the>water tine:=7his:vrras not:in..i he plans.gr.•:specif�catiortS to doThis -if[ 4T c7i966 derwiff"Have to be issued-fo'rthi�work: Myself,SJ.Louis,and Conatser have been working/scheduling together to get water from the pump station to the Pressure Release Valve on the Morningstar Subdivision.We have been getting key items completed so we could load the line and complete the pressure valve.Now that this has been brought up there will be a delay in this installation/cut over. Garey Adam Lunsford From: Tyirr�,Fleet<fleet@lacklandholdings.com> Sent: Wed nesday,;Au9ust:03;-201&160-PM To: Chi-Babulal,Wendy Cc: Tornero,Victor,kgill@sableholdings.com;Westerman,Julie;Harrell,D.J.;Domenech, Mike,Harder,Christopher,Carman;Garcia,Richard(Water);Chapa,Jesus;Layer,Mike; Buckley,Patricic,,Adam Lunsford;Black,Doug Subject: Re:Morningstar Section 5 and 6 Wendy, The>city,ah-eaidy;agxeed�,ta-grart`t-�an exception,tache:tdiiityzagreement:since:the.,c(ty_constructed_purraP.,station will not ke, dy,;forrse al-more,_week,,,�h..eJrn�jQrity,:of the•lots can,be>se►ved by tha West sidefiour waterline,$o_.you,agreed bzujlding::perm#ts:could.<be~.issued: n:mast of t i�5lots.By the same logic,we have sewer connected to all of the lots and the inspection department,and the project manager have no issue with us being granted building permits now.Our contractor is working on the punch list and then we will seed and hydro mulch.All will be finished and accepted long before the houses are complete. Tim Fleet 3045 Lackland Road Fort Worth,TX 76116 817.717.7133 Adam Lunsford From: cTim-_Fleet <fleet@lacklandholdings.com> Sent: Eciday;:August3;2O1611Lt7CzAIVI To: Adam Lunsford Cc: Kim Gill(kgill@sableholdings.com) Subject: LDs Adam, Do we need to discuss LDs?tet toldloren_aboutryttragreeme[►t_riot:toargelDs:oxt_the-.waterlint'since you iwerepuliic g a.,ct:ew.:offAQWor,.k-on the ewer lint=_.: a did not agree to waive LDs on the sewer line.I am available to discuss if needed. /r^VWW LACKLANDHQLDINGS Tire Fleet President Lackland Holdings, LLC 3045 Lackland Road I Fort worth.Texas 76116 Office:817.717.71331 Fax:817.732.2291 1 Mobile:817.929.9021 Email:fleekddacklandholdings.com Web:www.lacklandholdinas.com This message(and any associated files)is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential,subject to copyright or constitutes a trade secret If you are not the intended recipient you are hereby notified that any dissemination,copying or distribution of this message,or files associated with this message.is strictly prohibited.If you have received this message in error,please notify us immediately by replying to the message and deleting itfrom your computer.Messages sent to and from us may be monitored. Internet communications cannot be guaranteed to be secure or error-free as information could be intercepted,corrupted,lost,destroyed,arrive late or incomplete, or contain viruses.Therefore,we do not accept responsibility for any errors or omissions that are present in this message.or any attachment,that have arisen as a result of e-mail transmission. If verification is required,please request a hard-copy version.Any views or opinions presented are solely those of the author and do not necessarily represent those of the company. Z Adam Lunsford From: Austin Markey Sent: Thursday,September 22,2016 217 PM To: Loren White Cc: Mike Hern;Gabriel Marquez, Ken Glover,MarkAilara;Adam Lunsford Subject: FW:Walsh Ranch Pump Station-Pump Startup And Testing All, Here is the date for the startup of the Pump Station. From:Ryan Koontz(mailto:rvank@felixconstruction.coml Sent:Thursday,September 22,20161:29 PM To:Harder,Christopher<Christopher.Harder fortworthtexas.gov> Cc:Brad Page<bradp hhelectrical.biz>;Alex Leiva<alext@felixconstruction.com>;James Hamer-H&H Electric (iameshhelectric@outlook.com)<jameshhelectric@outlook.com>;eric.iohnson@fortworthtexas.gov;Hill,Mike <Mike.Hill@fortworthtexas.gov>;Austin Markey<AustinM(@SJLouis.Com>;Mike Hem<MikeH@SJLouis.Com>;Collin Brown<cbrown@piercepumpco.com>;Scottl.Atkinson@ferguson.com:ifouts@repcentre.net; bmfeldman@hughcunningham.com Subject:Walsh Ranch Pump Station-Pump Startup And Testing Chris, I have heard back from everyone and confirmed that we will perform startup and testing on the pump for the Walsh Ranch Pump Station on Thursday 9/29/16 starting at 8:00 AM. Felix plans to send water to SJ Louis'pipeline and will use gate valves on site to simulate the back pressure needed. On this day we will also have Eaton on site to verify the proper installation and functionality of the soft starts and a rep from Hugh Cunningham to verify the check valves are operating correctly. If anyone has any questions,please let me know. Thanks, Ryan Koontz I Project Manager Felix Construction Company 0: 469.458-0011 1 M: 469.964.9910 E: ryankCaUelixconstruction.com 1326 W.Industrial Dr,Coolidge,AZ 85128(corporate) 3321 Towerwood Drive Suite 120,Farmers Branch,TX 75234(Texas) www.felbcconstruction.com 1