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HomeMy WebLinkAboutContract 47652-FP1 Depart ent of TP &W Const. Services Ci'-'N# DaAt _H Project Manager ' EA CITY SECRETARY �j Risk Management Cana D.O.E. Brotherton �I ffWORTH, CONTRACTNO, /l / z,J pI CFA Westerman/Scanned Esteban Perez/Scanned The Proceeding people have been Contacted concerning the request for final payment& have &TION AND PUBLIC WORKS released this project for such payment. F PROJECT COMPLETION 51 (P 0)-- 1 WqO Developer Projects) '"'ff ��CCJJ Clearance Conducted By R,� City Project Ns: 100046 Regarding contract 100046 for TEHAMA BLUFFS PHASE II as required by the WATER DEPARTMENT as approved by City Council on N/A through NI&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 project as complete. D E C IE0 V E Original Contract Price: FEB Ofir 2017 $330,864.60 Amount of Approved Change Orders: i3y N2 Revised Contract Amount: Total Cost Work Completed: $330,864.60 / eco ended for Acceptance Date / Asst. Director, TPW - Infrastructure Design and Construction Accepted Date Asst. Director, WATER DEPARTMENT Asst. City Manager Date Comments: EMAYI.ED FEB 13 2017 ®FFIC`AL RECORD Initial: % C1j'y►SECRETARY Rev.9/22/16 woRTHf TX FEB 00 2017 City Project Numbers 100046 DOE Number 0046 Contract Name TEHAMA BLUFFS PHASE II Estimate Number I Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 1/9/2017 Project Funding Project Manager NA City Secretary Contract Number Inspectors DICKINSON / NEVOTTI Contract Date Contractor GILCO CONTRACTING,INC. Contract Time 180 CD 6331 SOUTHWEST BLVD. Days Charged to Date 235 CD BENBROOK, TX 76132-1063 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 $330,864.60 Less %Retained $0.00 Net Earned $330,864.60 Earned This Period $330,864.60 Retainage This Period $0.00 Less Liquidated Damages 0 Days @ S0.00 /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 $330,864.60 Monday,January 9,2017 Pa..-e 4 of 4 FLIRT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name TEHAMA BLUFFS PHASE II Contract Limits Project Type WATER&SEWER City Project Numbers 100046 DOE Number 0046 Estimate Number i Payment Number 1 For Period Ending 1/9/2017 CD City Secretary Contract Number Contract Time 18GD Contract Date Days Charged to Date 235 Project Manager NA Contract is 100.00 Complete Contractor GILCO CONTRACTING,INC. 6331 SOUTHWEST BLVD. BENBROOK, TX 76132-1063 Inspectors DICKINSON / NEVOTTI Monday,January 9,2017 Page 1 of 4 City Project Numbers 100046 DOE Number 0046 Contract Name TEHAMA BLUFFS PHASE II Estimate Number 1 Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 1/9/2017 Project Funding WATER Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 --- ------------- ------- --- 1 8"WATER PIPE 3098 LF $20.00 $61,960.00 3098 $61,960.00 2 FIRE HYDRANT 6 EA $3,800.00 $22,800.00 6 $22,800.00 3 DUCTILE IRON WATER FITTINGS 1.3 TN $3,900.00 $5,070.00 1.3 $5,070.00 W/RESTRAINT 4 CONNECTION TO EXISTING 4"-12"WATER 3 EA $700.00 $2,100.00 3 $2,100.00 MAIN 5 1"WATER SERVICE 89 EA $710.00 $63,190.00 89 $63,190.00 6 8"GATE VALVE 12 EA $1,220.00 $14,640.00 12 $14,640.00 7 TRENCH SAFETY 3098 LF $0.10 $309.80 3098 $309.80 ---------------------------------------- Sub-Total of Previous Unit $170,069.80 $170,069.80 SEWER Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 ----------------------------------- 1 8"SEWER PIPE 2602 LF $25.00 $65,050.00 2602 $65,050.00 2 8"SEWER PIPE CSS BACKFILL 60 LF $35.00 $2,100.00 60 $2,100.00 3 4'MANHOLE 12 EA $2,350.00 $28,200.00 12 $28,200.00 4 EPDXY MANHOLE LINER 30 VF $195.00 $5,850.00 30 $5,850.00 5 4"SEWER SERVICE 88 EA $560.00 $49,280.00 88 $49,280.00 6 TRENCH WATER STOPS 5 LF $250.00 $1,250.00 5 $1,250.00 7 MANHOLE VACUUM TESTING 12 EA $110.00 $1,320.00 12 $1,320.00 8 POST CCTV INSPECTION 2602 LF $1.40 $3,642.80 2602 $3,642.80 9 TRENCH SAFETY 2602 LF $1.00 $2,602.00 2602 $2,602.00 10 MAJOR MANHOLE ADJUSTMENT 1 EA $1,500.00 $1,500.00 1 $1,500.00 --------------------------------------- Sub-Total of Previous Unit $160,794.80 $160,794.80 -------------------------------------- Monday,January 9,2017 Page 2 of 4 City Project Numbers 100046 DOE Number 0046 Contract Name TEHAMA BLUFFS PHASE II Estimate Number 1 Contract Limits Payment Number 1 Project Type WATER&SEWER For Period Ending 1/9/2017 Project Funding Contract Information Summary Original Contract Amount $331,020.60 Chance Orders Total Contract Price $330,864.60 `2 Total Cost of Work Completed Date $330,864.60 Contra r Less %Retained $0.00 / _ /� Net Earned $330,864.60 ate ` Inspect' Supervisor Earned This Period $330,864.60 Retainage This Period $0.00 Date Project Manager Less Liquidated Damages Days @ /Day $0.00 Date 2--,7._ 17 LessPavement Deficiency $0.00 �/ '-Asst.Dire r/TP A-Infrastructure Design and Construction Less Penalty $0.00 Date Z V✓' } Less Previous Payment $0.00 Director/Contracting Department Plus Material on Hand Less 15% $0.00 Balance Due This Payment $330,864.60 Monday,January 9,2017 Page 3 of 4 FORTORTH® TRANSPORTATION AND PUBLIC WORKS STATEMENT OF CONTRACT TIME STATEMENT# FINAL STATEMENT# 1 DOE NIA NAME OF PROJECT: Tehama Bluffs Phase 1 Contractor . Giloo Contractin YEAR:j 2016 PROJECT NO.: FINAL INSPECTION DATE 1 213012016 100046 WD CD CONTRACT TIME 180 g PERIOD FROM: 12/1612016 TO: , 12/31/2016 MID - Month DEVELOPMEN (Y/N) Y WORK ORDER EFFECTIVE: 4/25/2016 7 BEG(y/n) MID(y I n) Y DAY OF MONTH DAYS REASON FOR DAY OF MONTH DAYS REASON FOR CHARGED DAYS CREDITED CHARGED DAYS CREDITED 1 Fri 16 Fri 0 OTH 2 Sat 17 Sat 0 OTH 3 Sun 18 Sun 0 OTH 4 Mon 19 Mon 0 OTH 5 Tue 20 Tue 0 OTH 6 Wed 21 Wed 0 OTH 7 Thu 22 Thu 0 OTH 8 Fri 23 Fri 0 OTH 9 Sat 24 Sat 0 OTH 10 Sun 25 Sun 0 OTH 11 Mon 26 Mon 0 OTH 12 Tue 27 Tue 0 OTH 13 Wed 28 Wed 0 OTH 14 Thu 29 Thu 0 OTH 15 Fri 30 Fri 0 OTH 31 Sat 0 OTH NA Wkn&Hol Wea utl Oth Not Applicable SAT,SUN,and WEATHER UTILITIES OTHERS DAYS TOTAL DAYS HOLIDAYS RELOCATE CHARGED THIS PERIOD 0 0 0 16 0 16 PREVIOUS PERIOD 0 235 235 TOTAL TO DATE 0 0 0 16 235 251 REMARKS: OTH:Job completed Signature: Signature: (Print Name) Ariel Duarte CONTRACTOR DATE XNSPECTOR DATE 1/5/2017 v FORTWORTHREV:8/20/16 TRANSPORTATION AND PUBLIC WORKS PERFORMANCE EVALUATION OF CONTRACTOR I) CONTRACTOR&PROJECT DATA Nance of Contractor Project Name Gilco Contracting,Inc. Tehama Bluffs Phase 2 Inspector City Project Number Ariel Duarte 100046 Construction Components Project Manager 2 Water 0 Waste Water❑ Storm Drainage❑ Pavement Gopal Sahu Initial Contract Amount Project Difficulty $330,864.60 O Simple OO Routine O Complex Final Contract Amount Date $330,864.60 1/10/2017 In 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 1 8 2 2 Public Notifications 5 Y 3 20 15 3 Plans on Site 5 Y 4 20 20 4 Field Supervision 15 Y 3 60 45 5 Work Performed 15 Y 3 60 45 6 Finished Product 15 Y 3 60 45 7 Job Site Safety 15 Y 4 60 60 8 Traffic Control Maintenance 15 Y 4 60 60 9 Daily Clean Up 5 Y 3 20 15 10 Citizen's Complaint Resolution 5 Y 4 20 20 11 Property Restoration 5 Y 4 20 20 12 After Hours Response 5 Y 4 20 20 13 Project Completion 5 Y 3 20 15 TOTAL ELEMENT SCORE(A) 382 BONUS POINTS(25 Maximum)(B) TOTAL SCORE(TS) 382 III)CONTRACTOR'S RATING Maximum Score(MS)=448 or sum of applicable element score maximums which= 448 Rating([TS/MS] x 100%) 382 / 448 = 85% Performance Category Excellent <20%=Inadequate 20%to<40%=Deficient 40%to<60%=Standard 60%to<80%=Good >_80%=Excellent Inspector's Comments(INCLUDING EXPLANATION OF BONUS POINTS AWARDED) Inspector Signature 0—4e— Contractor Signature Inspector's Supervisor Signature 717 CONTRACTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth• 8851 Camp Bowie West Blvd. •Fort Worth,TX 76116• (817)392-8306 FORTWORTHREV:02'22/07 TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY n PROJECT INFORMATION Date: 1/10/2017 Name of Contractor Project Name Gilco Contracting Inc. Tehama Bluffs Phase 2 DOE Inspector Project Manager Ariel Duarte Go al Sahu DOE Number Project DcuLry T)pe of Contract CPN 100046 O Simple OO Routine O Complex 0 Water Z Waste Water❑ Storm Drainage❑ Pavement Initial Contract Amount Final Contract Amount $330,864.60 $330,864.60 II)PERFORMANCE EVALUATION 0-Inadequate 1 -Deficient 2-Standard 3 -Good 4-Excellent ELEMENT RATING ELEMENT RATING (0-4) (0-4) INSPECTION EVALUATION PLANS&SPECIFICATIONS 1 Availability of Inspector 1 Accuracy of Plans to Existing Conditions r' 2 Knowledge of Inspector 2 Clarity&Sufficiency of Details 3 3 Accuracy of Measured Quantities 3 Applicability of Specifications 4 Display Of Professionalism q 14 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 3 Communication 2 Timliness of Contractor Payments 4 Resolution of Utility Conflicts 3 Bid Opening to Pre-Con Meeting Timeframe III)COMMENTS&SIGNATURES COMMENTS Signature Contractor ovz, P � Signature DOE Inspector Signature DOE Inspector's Supervisor O INSPECTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth•1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817) 392-7941 •Fax: (817)392-7845 FORTWORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: Tehama Bluffs Phase 2 PROJECT NUMBER: 100046 DOE NUMBER: N/A WATER PIPE LAID SIZE TYPE OF PIPE LF 8" PVC 3098 FIRE HYDRANTS: 6 VALVES(16" OR LARGER) PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: NEW SERVICES: 89(1") COOPER SEWER PIPE LAID SIZE TYPE OF PIPE LF 8" PVC 2662 PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: NEW SERVICES: 88(4") PVC TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth•1000 Throckmorton Street•Fort Worth,TY 76012-6311 (817)392-7941 •Fax: (817) 392-7845 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 Rob Taylor, Project Coordinator of Gilco Contracting, Inc., 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, Sewer, Drainage, Paving, and Street Light Improvements to serve: Tehama Bluffs, Ph. 2 t BY Ro Taylor Subscribed and sworn before me on this 19th of Januar, 2017. Notary'P blic Tarrant County, TX Ly n��, MARY PANNELL Notary Public,state of Texas Comm,Expires 10-19-2Q18 °';,°;;:`` Notary ID 5144239 ib�rt Interchange Corporate Center 450 Plymouth Road,Suite 400 Plymouth Meeting,PA 19462-1644 SURETY Ph. (610)832-8240 CONSENT OF SURETY TO FINAL PAYMENT To: D.R.Horton-Texas,Ltd.by D.R.Horton,Inc. 6751 North Freeway,Fort Worth,TX 76131 City of Fort Worth 200 Texas Street,Fort Worth,TX 76102 RE: Bond Number 022053067 Principal: Gilco Contracting,Inc. Obligee: D.R.Horton-Texas,Ltd.by D.R.Horton,Inc and the City of Fort Worth Contract Number: Contract Date: February 18,2016 Contract/Project Description: Tehama Bluffs Phase II-Water,Sanitary Sewer,Paving,Drainage and Street Light Improvements Water Project#59601-5310350-0600430-100046-001580,Sanitary Sewer Project#59607-5310350-0700430-100046-001380,City Project#100046, File#'s X-23421 and W-2377 In accordance with the provisions of the contract between the Obligee and the Principal described above, LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as Surety (the"Surety"), on the Principal's bond number 022053067 (the"Bond") hereby consents to the final payment to the Principal by the Obligee and agrees that final payment to the Principal shall not relieve the Surety of any of its obligations to Obligee as set forth in the Bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand and seal this 19th day of January 2017 LIBERTY MUTUAL INSURANCE COMPANY (Suret �^ By: (Seal) V.`beLe4-lvt4rshal1,Attorney-in-Fact , V LMIC-3100 Rev.03/04 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7555574 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The_Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that: Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is,-a corporation duly " organized under the laws of the State of Indiana(herein collectively called the Companies"),pursuant to and by authority.herein set forth,does hereby name,contitute and appoint; Don E.Cornell;Kelly A.Westbrook.Ricardo J.Reyna~RobbrMorales;;Sophinie Hunter Tina McEwart=V Dk6he::Marshall all of the city of Dallas state of TX ` eachindiyidually if there be more-thari one named,its true and lawful attorney fn-faet-to make,execute;seal,acknowledge and deliver,for and on its behalf as surety and as its act 2nd deed any and all undertakings,bonds recognizances and other surety obligations in pursuance of these presents and shall be as binding upon the Companies as if they have bee11 duly signed bytfie president and attested by.the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney Lias been subscribed..1y.an authorized officer or:official of the:Gompanles and the corporate seals of the Companies have been affixed thereto this 30th day of November 2016 ... ccr P�-(Y INSUh, - P�lN5UR,9 �NtNSURkn - yJ`�oRPo�r�y2 J�J\�oRPo�TF YrF ��c�oRPona�r� The Ohio Casualty Insurance Company 6 Liberty Mutual Insurance Company a O 1919 rf > o - Y a� 1912 ,a 1991 a West merican Insurance Company a) 1 * By: +-' David M.Care ,-4ssistantSecretary C _ STATE OF-PENNSYLVANIA ss R COUNTY OF MONTGOMERY t C d On this 30th day of November 2016 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance y Company,The,Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,execute the foregoing instrument for the purposes .ALL p therein contained by signing on behalf of the corporations by himself as a duly authorized officer. - 4+ > IN WITNESS WHEREOF,I have hereunto subscribed_my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O.L d r�P PAST COMMONWEALTH OF PENNSYLVANIA Q F!! Notarial Seal ����µ^`L" � „ w y•d O�,10N W� ,p _•— u �^� y Teresa Pastella,Notary Public- By; 0 O'i of Upper Merion Twp.,Montgomery County- Teresa Pastelta,Notary Public= 0-L 3 My Commission Expires March 2812017 Qj Q - 2�L�Pa�G Member,Pennsylvania Association of Notaries - 0,:� O qRY P� d= 11 .This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual to-C Qj y Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading,as follows: 0 cc L ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 04; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact;as may be necessary to act in behalf of the Corporation to make,execute,seal;` +a O :acknowledge and deliver as surety any and-all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations-set forth in their respective E 6powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and,to attach thereto the seal of the Corporation. When so ie.5 executed;such Instruments shall be as binding as If signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under :>- the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. Y c _ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,- of and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, - r 0 _seal,acknowledge and deliver as surety any and all undertakings;bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in,their ".O c Z L) respective powers of attorney,shall have full power to bind the Company by their.signature and execution of any Instruments and to attach thereto the seal of the Company. When so . C>e executed such instruments shall be as binding as if signed by the president and attested bythe secretary. FQ-�? r Certificate of Designation—The President of the Company;:acting ptfrsuantto the'Bylaws.pf fhb Company authorizes David M.Carey Assistant Secretary to appoint su.ch.attorneys-in-. - fact as maybe necessary to act on behqffabf4he Company:to make execute,seal,acknowledge and deliveras surety any:and all undertakings.;.bonds;recognizances and other surety obligations. :. Authorization—By unanimous consent of the Company s Board of Directors,the Company consents;that facsimile or mechanically reproduced signature of any assistant secretary of the Company;wherever appearing upon a certrf ed_.:'copy of any_power of2ttorney issued by the Company in connection with surety bonds,shall be valid:and binding upon the Company with the same force and`effect as though manually affixed I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance�Cbmpany, Liberty Mutual Insurance Company and.;West American Insurance-Company do hereby certify that the original power of attorney ofwhtch the foregoing-is a furl true and correct "copy of the Power of Attorney .executed by said Companies,is in full force and effect and has not been revoked. �- - IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies-this t1 i i`. 20 rf $1 yJP�LnRPURq X92 - J,�JP�p ORq fO'Y� �4�G��FPORq��'CF, - V /���. 0 1919 0 1912 3 1991 b By. Renee C.Llew , ssistant Secretary •�YMAMP -0 /� 'rSACtIUS�c �� /,YDIAHP T s V S 57-of300 161iL January 19, 2017 City of Fort Worth CFA Administration 1000 Throckmorton St. Fort Worth, TX 76102 RE: Final Waiver of Lien; Water, Sewer, Drainage, Paving and Street Light Improvements to serve Tehama Bluffs, Ph. 2:, City Project#02729, File#X-23363 and W-2393 The purpose of this letter is to acknowledge that we have been paid in full by D.R. Horton Texas, LTD for the public improvements constructed to serve Tehama Bluffs, Ph. 2 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, Rob Taylor 7 Project Coordinator 6331 Southwest Blvd. Benbrook,Texas 76132 Office: 817.735.1600 Fax: 817.735.1613 . B January D8, 2Ol7 Mr. Dale GQreath Gi|cnContracting, Inc. 6331Southwest Blvd. Benbrook,Texas 76132 | Re: Tehama Bluffs, Ph.2 Water,Sewer, Drainage, Paving,and Street Light Improvements CuFVVProject No. 100046 CoFVVFile No. X-23431and VV-2377 Dear Mr. GUreath: This letter will document that D.R. Horton—Texas, LTD. confirms that Gilco Contracting, Inc. has completed the Work associated with the above-referenced contract in an appropriate time frame, subject to completion of any warranty or maintenance work as identified and required by the City of Fort Worth,and that no liquidated damages will be assessed by D.R. Horton—Texas LTD, in connection with the Work. D.R. Horton—Texas LTD. Cc Patrick Buckley,City ofFort Worth ' 6�5zNorth Freeway ° Fort rmrth.zX76\3z � (81—,) 230-0800 � S U-B-HORTON January 9,2017 City of Fort Worth Ariel Duarte CFW Inspector 8851 Camp Bowie West Fort Worth,TX 76116 RE: Tehama Bluffs Phase 2,CPN 100046 Mr. Duarte: This letter is to serve notice that D.R. Horton, Inc.will not charge any liquidated damages to Gilco Contracting, Inc.on the above referenced project. Sincerely, Stephen Brim, P.E. Land Development Project Manager D.R. Horton, Inc.—DFW West Division 6731 North Freewav.Fort Forth,TX 76131 (817)230-0800