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HomeMy WebLinkAboutContract 46624-FP1 Depart t o TP &W Const.Services CPO 4V Date Project Manager MA �^ CITY SECRETARY T W0 RT H Risk Manageent Canadv - Z/ o Manager D.O.E. Brotherton "93 CONTRACT NO. , CFA Morales/Scanned Gutzler/ScannedTd -7 The Proceeding people have been Contacted concerning the request for final payment& have A1TION AND PUBLIC WORKS released this project for such payment. F PROJECT COMPLETION 5-q (p 0) — Q 3 )-3 )eveloper Projects) -P 0 f,- -7 a(p� 1Clearance Conducted By R/c AW6 City Project Ns: 023 Regarding contract 02313 for LEFT BANK WATER.&SEWER IMPROVEMENTS 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 project as c JAN 2 9 2018 Original Contract Price: $1,032,044.60 Amount of Approved Change Orders: $321,246.40 Ne 1,2,3,4 Revised Contract Amount: $1,353,291.00 Total Cost Work Completed: $1,353,291.00 t �4�'t ` Recomme VoAcceptance Date Asst. Direr - I _ 1 7, Id Accepted Date Asst. Director, WATER DEPARTMENT Asst. City Manager Date KFT. L RECORD CRETARY Comments: THV TX RECEIVED JINN 8 4 2018 Rev.9/22/16 1 JAN 29 2018 Jr��d( -- CU�31� Ci Project Numbers 02313 City J I DOE Number 7267 Contract Name LEFT BANK Estimate Number I ice.,,.....�.-...�....«� Contract Limits WATER&SEWER IMPROVEMENTS Payment Number 1 Project Type WATER&SEWER For Period Ending 3/22/2017 Project Funding Project Manager Long City Secretary Contract Number 117267 Inspectors LAYER / CHAMBERS Contract Date Contractor EMJ CORPORATION Contract Time 237 CD 5525 N.MACARTHUR BLVD.,#400 Days Charged to Date 656 CD IRVING, TX 75033-2604 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 $1,353,291.00 Less %Retained $0.00 Net Earned $1,353,291.00 Earned This Period $1,353,291.00 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 $1,353,291.00 Tuesday,August 22,2017 Page 6 of 6 a LoS--. X313 FoRTWORT'H CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name LEFT BANK Contract Limits WATER&SEWER IMPROVEMENTS Project Type WATER&SEWER City Project Numbers 02313 DOE Number 7267 Estimate Number 1 Payment Number 1 For Period Ending 8/22/2017 CD City Secretary Contract Number 117267 Contract Time 23(TD Contract Date Days Charged to Date 656 Project Manager Long Contract is 100.00 Complete Contractor EMJ CORPORATION 5525 N.MACARTHUR BLVD.,#400 IRVING, TX 75038-2604 Inspectors LAYER / CHAMBERS Tuesday,August 22,2017 Page 1 of 6 � miz. City Project Numbers 02313 DOE Number 7267 Contract Name LEFT BANK Estimate Number I Contract Limits WATER&SEWER IMPROVEMENTS Payment Number I Project Type WATER&SEWER For Period Ending 8/22/2017 Project Funding WATER Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total I WATER LINE GROUTING 89 CY $225.00 $20,025.00 89 $20,025.00 2 REMOVE 8"WATER LINE 3160 LF $3.00 $9,480.00 3160 $9,480.00 3 REMOVE 12"WATER LINE 1129 LF $4.00 $4,516.00 1129 $4,516.00 4 REMOVE 54"WATER LINE 1466 LF $34.00 $49,844.00 1466 $49,844.00 5 4"-12"WATER ABANDONMENT PLUG 2 EA $500.00 $1,000.00 2 $1,000.00 6 REMOVE 8"WATER VALVE 10 EA $90.00 $900.00 10 $900.00 7 REMOVE 12"WATER VALVE I EA $125.00 $125.00 1 $125.00 8 SALVAGE FIRE HYDRANT 7 EA $600.00 $4,200.00 7 $4,200.00 9 6'WIDE ASPHALT PVMT REPAIR 100 EA $90.00 $9,000.00 100 $9,000.00 10 FIRE HYDRANT STEM EXTENSION 2 EA $385.00 $770.00 2 $770.00 11 DUCTILE IRON WATER FITTINGS 9 TN $8,000.00 $72,000.00 9 $72,000.00 W/RESTRAINT 12 6"PVC WATER PIPE CO#1 208 LF $44.00 $9,152.00 208 $9,152.00 13 8"PVC WATER PIPE 169 LF $49.00 $8,281.00 169 $8,281.00 14 10"PVC WATER PIPE CO#1 902 LF $58.00 $52,316.00 902 $52,316.00 15 10"PVC WATER PIPE CSS BACKFILL 113 LF $73.00 $8,249.00 113 $8,249.00 16 12"PVC WATER PIPE 2416 LF $43.50 $105,096.00 2416 $105,096.00 17 12"PVC WATER PIPE CSS BAKFILL 200 LF $67.00 $13,400.00 200 $13,400.00 18 16"PVC C905 WATER PIPE 1015 LF $64.00 $64,960.00 1015 $64,960.00 19 16"PVC C905 WATER PIPE CSS BACKFILL 212 LF $206.00 $43,672.00 212 $43,672.00 20 FIRE HYDRANT CO#1 8 EA $2,700.00 $21,600.00 8 $21,600.00 21 CONNECTION TO EXISTING 16"WATER MAIN 1 EA $5,000.00 $5,000.00 1 $5,000.00 22 CONNECTION TO EXISTING 4"-12"WATER 2 EA $4,000.00 $8,000.00 2 $8,000.00 MAIN 23 6"GATE VALVE 7 EA $770.00 $5,390.00 7 $5,390.00 24 8"GATE VALVE 4 EA $1,165.00 $4,660.00 4 $4,660.00 25 10"GATE VALVE 11 EA $1,770.00 $19,470.00 11 $19,470.00 26 12"GATE VALVE 10 EA $2,190.00 $21,900.00 10 $21,900.00 27 16"GATE VALVE W/VAULT 5 EA $18,000.00 $90,000.00 5 $90,000.00 28 6"WATER METER&VAULT CO#1 1 EA $20,664.59 $20,664.59 1 $20,664.59 29 6"DETECTOR CHECK C04 3 EA $15,368.33 $46,104.99 3 $46,104.99 30 4"WATER METER&VAULT CO#1 2 EA $21,155.01 $42,310.02 2 $42,310.02 Tuesday,August 22,2017 Page 2 of 6 City Project Numbers 02313 DOE Number 7267 Contract Name LEFT BANK Estimate Number 1 Contract Limits WATER&SEWER IMPROVEMENTS Payment Number 1 Project Type WATER&SEWER For Period Ending 8/22/2017 Project Funding 31 3"WATER METER&VAULT CO#1 4 EA $18,184.95 $72,739.80 4 $72,739.80 32 2"WATER SERVICE CO#1 CO#2 7 EA $3,547.25 $24,830.75 7 $24,830.75 33 1-1/2"WATER SERVICE CO#1 I EA $3,571.96 $3,571.96 1 $3,571.96 34 1"WATER SERVICE CO#1 1 EA $2,505.14 $2,505.14 1 $2,505.14 35 DUCTILE IRON WATER FITTINGS 0.15 TN $12,577.27 $1,886.59 0.15 $1,886.59 W/RESTRAINT CO#1 36 SALVAGE V WATER METER CO#3 6 EA $4,600.00 $27,600.00 6 $27,600.00 37 RELOCATE DOMESTIC WATER METER C043 1 LS $4,500.00 $4,500.00 1 $4,500.00 38 REMOVE 12"X10"ANCHOR TEE,REMOVE 10" I EA $9,426.53 $9,426.53 I $9,426.53 GATE VALVE,CUT&PLUG 10" CO#4 39 REPLACE CONC PVMT,SIDEWALK&ADP 1 LS $11,341.96 $11,341.96 1 $11,341.96 RAMP CO#4 40 HES CONCRETE UP-CHARGE CO#4 1 LS $1,178.10 $1,178.10 1 $1,178.10 41 MOBILIZATION&DEMOBILIZATION CO#4 1 LS $500.00 $500.00 1 $500.00 Sub-Total of Previous Unit $922,166.43 $922,166.43 SEWER&MISC Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 REMOVE 6"SEWER LINE 428 LF $2.00 $856.00 428 $856.00 2 REMOVE 8"SEWER LINE 561 LF $3.00 $1,683.00 561 $1,683.00 3 REMOVE 12"SEWER LINE 1627 LF $7.00 $11,389.00 1627 $11,389.00 4 REMOVE 16"SEWER LINE 915 LF $11.00 $10,065.00 915 $10,065.00 5 REMOVE 4'SEWER MANHOLE 7 EA $650.00 $4,550.00 7 $4,550.00 6 POST CCTV INSPECTION 3297 LF $2.80 $9,231.60 3297 $9,231.60 7 MANHOLE VACUUM TESTING 23 EA $200.00 $4,600.00 23 $4,600.00 8 CONCRETE COLLAR 22 EA $550.00 $12,100.00 22 $12,100.00 9 8"SEWER PIPE 560 LF $42.00 $23,520.00 560 $23,520.00 10 12"SEWER PIPE 2500 LF $43.00 $107,500.00 2500 $107,500.00 11 12"SEWER PIPE BSS BACKFILL 237 LF $81.00 $19,197.00 237 $19,197.00 12 EPDXY MANHOLE LINER 10 VF $185.00 $1,850.00 10 $1,850.00 13 WASTEWATER ACCESS CHAMBER CO#1 16 EA $3,700.00 $59,200.00 16 $59,200.00 14 4'MANHOLE CO#1 25 EA $2,850.00 $71,250.00 25 $71,250.00 15 4'EXTRA DEPTH MANHOLE 50 VF $240.00 $12,000.00 50 $12,000.00 16 SWPPP>1 ACRE 1 LS $10,000.00 $10,000.00 1 $10,000.00 17 TRENCH SAFETY 8177 LF $1.00 $8,177.00 8177 $8,177.00 Tuesday,August 22,2017 Page 3 of 6 City Project Numbers 02313 DOE Number 7267 Contract Name LEFT BANK Estimate Number I Contract Limits WATER&SEWER IMPROVEMENTS Payment Number 1 Project Type WATER&SEWER For Period Ending 8/22/2017 Project Funding 18 TRAFFIC CONTROL 8 MO $5,500.00 $44,000.00 8 $44,000.00 19 6"SEWER SERVICE CO#1 1 EA $19,955.97 $19,955.97 1 $19,955.97 Sub-Total of Previous Unit $431,124.57 $431,124.57 Tuesday,August 22,2017 Page 4 of 6 City Project Numbers 02313 DOE Number 7267 Contract Name LEFT BANK Estimate Number 1 Contract Limits WATER&SEWER IMPROVEMENTS Payment Number 1 Project Type WATER&SEWER For Period Ending 8/22/2017 Project Funding Contract Information Summary Original Contract Amount $1,032,044.60 Chante Orders Change Order Number 1 $259,605.31 Change Order Number 2 $7,094.50 Change Order Number 3 $32,100.00 Change Order Number 4 $22,446.59 Total Contract Price $1,353,291.00 Date G Total Cost of Work Completed $1,353,291.00 ont act Less %Retained $0.00 / D Net Earned $1,353,291.00 Date —�07'IO Inspection Supervisor Earned This Period $1,353,291.00 Retainage This Period $0.00 t / Project ger Date / � aa��r Less Liquidated Damages Days @ /Day $0.00 Date LessPavement Deficiency $0.00 Asst.Dire h n Less Penalty $0.00 Date Z� f v P Less Previous Payment $0.00 Director/Contracting Department Plus Material on Hand Less 15% $0.00 Balance Due This Payment $1,353,291.00 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SAT,SUN, RAIN,TOO WET, UTILITIES OTHERS* DAYS TOTAL &HOLIDAYS &TOO COLD RELOCATIONS CHARGED DAYS THIS PERIOD I 656 PREVIOUS PERIOD TOTALS I TO DATE 656 *REMARKS CONTRACT DATE iNS"ECTOR DATE _ ENGINkl'R1NG DEP_�RTIEN'T The City of Fort Forth• 1000 Throckmorton Street•Fort Worth,TZ 76012-6311 (18171) '92-794i •Fay.: (817) 392-7845 FORTWORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: Left Bank Water&Sewer PROJECT NUMBER: 2313 DOE NUMBER: 7267 WATER PIPE LAID SIZE TYPE OF PIPE LF Water pipe 6" PVC 208' Water pipe 8" PVC 169' Water pipe 10" PVC 902' Water pipe 12" PVC 2416' Water pipe 16" PVC C905 1015' FIRE HYDRANTS: 8 VALVES(16" OR LARGER) 5 PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: Yes NEW SERVICES: 2" Water 300' 1-1/2" Water 40' SEWER PIPE LAID SIZE TYPE OF PIPE LF Sewer pipe 8" 560' Sewer pipe 12" 2500' PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: Yes NEW SERVICES: 6" Sewer 35' TRANSPORTATION AND PUBLIC WORKS i 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 I) CONTRACTOR& PROJECT DATA Name of Contractor Project Name EMJ Corporation Left Bank Water&Sewer Inspector City Project Number Kevin Chambers 2313 Construction Components Project Manager Z Water 21 Waste Water ❑ Storm Drainage ❑ Pavement Aaron Lona Initial ContractAnrount Project Difficulty $1,032,044.60 O Simple OO Routine O Complex Final Contract Amount Date $1,353,291.00 8/22/2017 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 4 20 20 3 Plans on Site 5 Y 4 20 20 4 Field Supervision 15 Y 4 60 60 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 2 20 10 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 2 20 ]0 TOTAL ELEMENT SCORE(A) 366 BONUS POINTS(25 Maximum)(B) TOTAL SCORE(TS) 366 III)CONTRACTOR'S RATING Maximum Score(MS)=448 or sum of applicable element score maximums which= 448 Rating( [TS/MS1 * 100%) 366 / 448 = 82% 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) L Inspector Signature e�; z �Ltet-'` ' 'Contractor Signature Inspectors 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 FORTWORTHREV:02'22/07 TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY I)PROJECT INFORMATION Date: 8/22/2017 Name of Contractor Project Name EMJ Construction Left Bank Water& Sewer Improvements DOE Inspector Project Manager Kevin Chambers Aaron Long DOE Number Project Difficulty Type of Contract 7267 O Simple 0 Routine O Complex 2 Water Q Waste Water 2 Storm Drainage [Z Pavement Initial Contract Amount Final Contract Amount $1,032,044.60 $1,353,291.00 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 I Availability of Ins ector 1 Accuracy of Plans to Existing Conditions L 2 Knowledge of Ins ector 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 L/ PROJECT MANAGER EVALUATION 6 Performance-Setting up Valve Crews,Labs i-1 1 Knowledge And/Or Problem Resolution ADMINISTRATION 2 Availability of Project Manager I Change Order Processing Time 3 Communications 2 Timliness of Contractor Payments 4 Resolution of Utility Conflicts 3 Bid Opening to Pre-Con Meeting Timeframe III)COMMENTS&SIGNATURES COMMENTS Signature Contractor Signature DOE Inspector 141 444 4,6K, �®Signature DOE Inspector's Supervisor INSPECTOR'S COMMENTS TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth• 1000 Throckmorton Street•Fort Worth,1176012-6311 (817) 392-7941 •Fax: (817) 392-7845 tCONSTRUCTION LTD- 5112 .TD.5112 SUN VALLEY DRIVE FORT Vv"ORTH,TX 7 61 19 H:8 i 7-572-3303 FAX 817-4-10-044? 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 Troy L. Jackson, Vice President Of Jackson Construction, Ltd, 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; Left Bank - Water & Sanitary Sewer Improvements ;7 BY Troy L. Jackson, Vice President Subscribed and sworn before me on this date 17th of August, 2017. Notary Pub is " CARM:ENL. ESTEP ���PPY•P.6 �: Tarrant, Texas z Notary PublState of Texas {' ` Comm.Exs 04-Ob-2020 Notary2910611 67:-- AIA Document G707rM - 1994 Consent Of Surety to Final Payment PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: Left Bank-Water&Sanitary Sewer ARCHITECT:❑ Improvements Maintenance;CFA Number 2014-081 CONTRACT FOR:General Construction CONTRACTOR: TO OWNER:(Name and address) CONTRACT DATED: SURETY: Centergy Retail,LLC and City of Forth OTHER:❑ Worth,Texas In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surety) Western Surety Company 5565 Glenridge Connector NE,6th Floor Atlanta GA 30342 ,SURETY, on bond of (Insert name and address of Contractor) EMJ Corporation 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) Centergy Retail,LLC and City of Forth Worth,Texas OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date:June 12,2017 (Insert in writing the month followed by the numeric date and year.) Western Surety Company (Surety) (Signature of authorizeJ representative) Attest: Patricia S.Kleehammer,Attomey-in-fact (Seal): (Printed name and title) AIA Document G707——1994.Copyright©1982 and 1994 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAc Document,or any portion of it, 1 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 14:28:50 on 06/12/2017 under Order No.9721777310 which expires on 04/04/2018,and is not for resale. User Notes: (369ADME) Western Sure, ComDany POWER OF ATTORNEY AP}POINTI NC:NDdViMUAL ATTORNEY-2N-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 Marr R Brock, Patricia S X leehammer, T Michael Langley, Dana Keith Davis, Cecil Ray VaUghaniI21,John D Brock, IndivMunfly 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 14th day of February,2017. `,uR�T... WESTERN SURETY COMPANY .Nc _ .Zz sSE AV•��� ',GOVT........µTc• ..... aul T.Bruflat,Vice President State of South Dakota 1 JT ss County of Minnehaha On this 14th day of February,2017,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 5FA1� 3WTHDAKOTA SEA 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 till in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this _day of NWESTERN SURETY COMPANY y 4PP�Rgy 3aQ �`:�Gp:;•0Pµ0���� Form F4280-7-2012 ��L.Nelson,Assistant Secretary G. AIA Document G707TM 1994 Consent Of Surety to Final Payment PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: Left Bank-Water&Sanitary Sewer Improvements ARCHITECT:❑ CFA Number 2014-081 CONTRACT FOR:General Construction CONTRACTOR: TO OWNER:(Name and address) CONTRACT DATED: SURETY: Centergy Retail,LLC and City of Forth OTHER:❑ Worth,Texas In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surety) Western Surety Company 5565 Glenridge Connector NE,6th Floor Atlanta GA 30342 on bond of SURETY, (Insert name and address of Contractor) EMJ Corporation 5525 N.MacArthur Blvd.,Suite 400 Irving TX 75038 , hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor CONTRACTOR, shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) Centergy Retail,LLC and City of Forth Worth,Texas as set forth in said Surety's bond. OWNER, IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date:June 12,2017 (Insert in writing the month followed by the numeric date and year.) Western Surety Company (Surety) A (Signature ofauthorized representative) Attest: Patricia S.Kleehammer,Attome -in-fact (Seal): (Printed name and title) AIA Document G707-—1994.Copyright©1982 and 1994 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA` 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 14:34:48 on 06/12/2017 under Order No.9721777310 which expires on 04/04/2018,and is not for resale. User Notes: (369ADA42) eastern Sure_ Com ny POWER OF ATTORNEY AIP1POENTNG a1adDMD AL ATTORNEY-2N-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 Birock, PatirMa S I1 eehanrnllnner, T M,cChaeD 1Laun&y, Dana Kath Davis, Cecil Ray Vaughan 11P 2,Sohn D Birock, 71 nd duna1ty 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 14th day of February,2017. „s�RET}�, WESTERN SURETY COMPANY _i74�P qr�_D= — f2, N..... aul T.Bruflat,Vice President State of South Dakota l JT County of Minnehaha ss On this 14th day of February,2017,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom,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 NOTARY PUBLIC June 23,2021 �SOImiOAI(OTA SEA 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 till in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 4,10eA day of 5$aery� WESTERN SURETY' COMPANY , P..............Oa'. .W 4O T�•Dx 3*;LSCA ra TN R. DPK01 !. '%wepnauou��"", Form F4280-7-2012 L.Nelson,Assistant Secretary t G707rM 1994 AIDocument Consent Of Surety to Final Payment PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: Left Bank-Water&Sanitary Sewer Improvements ARCHITECT:❑ CFA Number 2014-081 CONTRACT FOR:General Construction CONTRACTOR: TO OWNER:(Name and address) CONTRACT DATED: SURETY: Centergy Retail,LLC and City of Forth OTHER:❑ Worth,Texas In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surety) Western Surety Company 5565 Glenridge Connector NE,6th Floor Atlanta GA 30342 on bond of SURETY, (Insert name and address of Contractor) EMJ Corporation 5525 N.MacArthur Blvd.,Suite 400 Irving TX 75038 , hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor CONTRACTOR, shall not relieve the Surety of any of its obligations to (Insert name and address of Owne) Centergy Retail,LLC and City of Forth Worth,Texas as set forth in said Surety's bond. OWNER, IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date:June 12,2017 (Insert in writing the month followed by the numeric date and year.) Western Surety Company (Surety (Signatureofauthorize r resentative) Attest: Patricia S.Kleehammer,Attome -in-fact (Seal): (Printed name and title) AIA Document G707TM—1994.Copyright©1982 and 1994 by The American Institute of Architects.All rights reserved.WARNING:This AIA1' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" 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 14:34:48 on 06/12/2017 under Order No.9721777310 which expires on 04/04/2018,and is not for resale. User Notes: (369ADA42) Western Surety, Comparv, POWER OF ATTORNEY APPOIN'T'ING 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 sea]herein affixed hereby make,constitute and appoint Mark R Brock, Patricia S K:eehammer, T Michael Langley, Dana Keith Davis, Cecil Ray Vaughan H:,John D Brock, i ndm vMua Hy 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 Uniimited Ar>r aunts 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 14th day of February,2017. �,•suRErrWESTERN SURETY COMPANY ,aQ�pPOR.q:�.5 =y44 Tt`:D �w,V N OP�„o• aul T.Bruflat,Vice President State of South Dakota 1 JT County of Minnehaha ss On this 14th day of February,2017,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 NOTARYPUBUC June 23,2021 six SOUTH DAKOTA sE c CERTIFICATE J.Mohr,NotaryPublic 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 igstill in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this_ day of 11"_X� (� 7 .r`SURETyco WESTERN SURETY COMPANY Form F4280-7-2012 a' L.Nelson,Assistant Secretary i! ,��ntergyRetail September 8, 2017 Email: christopher.palmore(cDemicorp.com EMJ Corporation, Inc. 5525 N. MacArthur Blvd. Suite 400 Irving, TX 75038 Re: West 7th Street Development— Ft. Worth, TX Water& Sanitary Sewer Improvements DOE#: 7267 Project#: 02313 Dear Chris Palmore, In response to the West 7th Street Development Water & Sanitary Sewer Improvements was Final accepted by the City of Ft. Worth. This letter officially agrees that Centergy West 7th, LLC will not assess any Liquidated Damages to EMJ Construction for any work related to the above mentioned project. Sincerely, i 1- West Miller Centergy Retail, LLC President EMJ CONSTRUCTION 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 Kevin Gass, Vice President of Construction 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; West 711 Water& Sanitary Sewer Improvements / BY Pil/ �•�` G.�Y Kevin Gass, VPC Subscribed and sworn before me on this 20th of September, 2017. Notary Public ,o P�e,� FAIT:E. RISSMANNotary Pstate of Texas Dallas, Texas = ' ; Comm. s 10-17-2020 Nota30864453 nnn i...:...,,, Tv n-71) con 101n