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HomeMy WebLinkAboutContract 46763-FP1 C FORTWORTHO CITY SECRETARY tt 22 r CONTRACT NO. TRANSPORTATION AND PUBLIC WORKS NOTICE OF PROJECT COMPLETION (Developer Projects) t✓! 5� /%o/l7 City Project Ns: 02431 7,113 Regarding contract 117369 for LEFT BANK PAVING&DRAINAGE IMPROVEMENTS as required by the TRANSPORTATION AND PUBLIC WORKS DEPARTMENT as approved by City Council on N/A through M&C N/A the director of the TRANSPORTATION AND PUBLIC WORKS DEPARTMENT upon the recommendation of the Assistant Director of the Transportation&Public Works Department has accepted the project as complete. Original Contract Price: $3,099,841.95 Amount of Approved Change Orders: Ns I Revised Contract Amount: $3,099,841.95 Total Cost Work Completed: $3,099,841.95 — 7L 17 Recomm"CJ. 4—t—N Date Asst. Dirgn anti ConnTmttoi-r �-'►tif;cam) Accepted D Date 110 Director, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT 111 1�12 il'rlcLf'7i, dlv"��- 7e", /A?( City Mana Department f TP&W Const.Services Date CPN# I A I Da Project Manager Risk Management Canayd V D.O.E. Brotherton � � CFA Morales/Scanned OFFICIAL RECORD Gutzler/Scanned py�j_'k. CITY SECRETARY The Proceeding people have been Contacted OCT 2 17 concerning the request for final payment& have FT.WORTH,TX released this project for such payment. lwtiell: Rev.9/22/16 Clearance Conducted By 0/ia zW6 FORTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name LEFT BANK Contract Limits PAVING&DRAINAGE IMPROVEMENTS Project Type DRAINAGE&PAVING City Project Numbers 02431 DOE Number 7369 Estimate Number 1 Payment Number 1 For Period Ending 5/19/2017 CD City Secretary Contract Number 117369 Contract Time 23ED Contract Date Days Charged to Date 667 Project Manager Long Contract is 100.00 Complete Contractor EMJ CORPORATION 5525 N.MACARTHUR BLVD.,#400 IRVING, TX 75038-2604 Inspectors LAYER / CHAMBERS i i n Iof5 Monday,May 22,2017 Page 1 , City Project Numbers 02431 DOE Number 7369 Contract Name LEFT BANK Estimate Number I Contract Limits PAVING&DRAINAGE IMPROVEMENTS Payment Number I Project Type DRAINAGE&PAVING For Period Ending 5/19/2017 Project Funding DRAINAGE Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 REMOVE 18"STORM LINE 825 LF $12.00 $9,900.00 825 $9,900.00 2 REMOVE 24"STORM LINE 921 LF $15.00 $13,815.00 921 $13,815.00 3 REMOVE 42"STORM LINE 675 LF $20.00 $13,500.00 675 $13,500.00 4 REMOVE 60"STORM LINE 840 LF $29.00 $24,360.00 840 $24,360.00 5 REMOVE 5'STORM JUNCTION BOX 6 EA $735.00 $4,410.00 6 $4,410.00 6 REMOVE 10'CURB INLET 25 EA $715.00 $17,875.00 25 $17,875.00 7 TRENCH SAFETY 5522 LF $1.00 $5,522.00 5522 $5,522.00 8 21"RCP CLASS III 728 LF $68.00 $49,504.00 728 $49,504.00 9 21"RCP 148 LF $74.00 $10,952.00 148 $10,952.00 10 24"RCP 778 LF $70.00 $54,460.00 778 $54,460.00 11 24"RCP CLASS III 220 LF $80.00 $17,600.00 220 $17,600.00 12 27"RCP 52 LF $78.00 $4,056.00 52 $4,056.00 13 27"RCP CLASS 1II 190 LF $89.00 $16,910.00 190 $16,910.00 14 30"RCP 460 LF $88.00 $40,480.00 460 $40,480.00 15 30"RCP CLASS III 120 LF $102.00 $12,240.00 120 $12,240.00 16 42"RCP CLASS 111 216 LF $154.00 $33,264.00 216 $33,264.00 17 54"RCP CLASS III 150 LF $213.00 $31,950.00 150 $31,950.00 18 66"RCP 390 LF $307.00 $119,730.00 390 $119,730.00 19 66"RCP CLASS 11I 190 LF $378.00 $71,820.00 190 $71,820.00 20 6X4 BOX CULVERT 310 LF $308.00 $95,480.00 310 $95,480.00 21 8X4 BOX CULVERT 745 LF $406.00 $302,470.00 745 $302,470.00 22 8X6 BOX CULVERT 825 LF $461.00 $380,325.00 825 $380,325.00 23 5'STORM JUNCTION BOX 1 EA $7,500.00 $7,500.00 1 $7,500.00 24 6'STORM JUNCTION BOX 1 EA $11,000.00 $11,000.00 1 $11,000.00 25 STORM JUNCTION STRUCTURE 4 EA $13,500.00 $54,000.00 4 $54,000.00 26 4'MANHOLE RISER 11 EA $2,500.00 $27,500.00 11 $27,500.00 27 5-SIDED MANHOLE 1 EA $14,000.00 $14,000.00 1 $14,000.00 28 27"PARALLEL HEADWALL 2 EA $1,500.00 $3,000.00 2 $3,000.00 29 10'CURB INLET 5 EA $1,500.00 $7,500.00 5 $7,500.00 30 15'CURB INLET 2 EA $6,000.00 $12,000.00 2 $12,000.00 31 10'RECESSED INLET 2 EA $4,600.00 $9,200.00 2 $9,200.00 Monday,May 22,2017 Page 2 of 5 City Project Numbers 02431 DOE Number 7369 Contract Name LEFT BANK Estimate Number I Contract Limits PAVING&DRAINAGE IMPROVEMENTS Payment Number I Project Type DRAINAGE&PAVING For Period Ending 5/19/2017 Project Funding 32 4'DROP INLET 15 EA $4,550.00 $68,250.00 15 $68,250.00 33 4'GRATE INLET 1 EA $5,500.00 $5,500.00 1 $5,500.00 34 6'CURB INLET-APPROVED VARIANCE 15 EA $3,500.00 $52,500.00 15 $52,500.00 Sub-Total of Previous Unit $1,602,573.00 $1,602,573.00 PAVING&MISC Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 REMOVE SIDEWALK 10361 SF $4.00 $41,444.00 10361 $41,444.00 2 REMOVE CONC PVMT 1085 SY $27.25 $29,566.25 1085 $29,566.25 3 REMOVE ASPHALT PVMT 19700 SY $5.15 $101,455.00 19700 $101,455.00 4 REMOVE CONC CURB&GUTTER 3198 LF $5.50 $17,589.00 3198 $17,589.00 5 BORROW BY PLAN 10328 CY $11.50 $118,772.00 10328 $118,772.00 6 HYDRATED LIME 264 TN $167.00 $44,088.00 264 $44,088.00 7 8"LIME TREATMENT 19529 SY $7.00 $136,703.00 19529 $136,703.00 8 8"CONC PVMT 18234 SY $49.30 $898,936.20 18234 $898,936.20 9 4"CONE SIDEWALK 10422 SF $5.25 $54,715.50 10422 $54,715.50 10 SWPPP>I ACRE 1 LS $10,000.00 $10,000.00 1 $10,000.00 11 TRAFFIC CONTROL 8 MO $5,500.00 $44,000.00 8 $44,000.00 Sub-Total of Previous Unit $1,497,268.95 $1,497,268.95 Monday,May 22,2017 Page 3 of 5 City Project Numbers 02431 DOE Number 7369 Contract Name LEFT BANK Estimate Number I Contract Limits PAVING&DRAINAGE IMPROVEMENTS Payment Number I Project Type DRAINAGE&PAVING For Period Ending 5/19/2017 Project Funding Contract Information Summary Original Contract Amount $3,099,841.95 Change Orders Total Contract Price $3,099,841.95 G Date Total Cost of Work Completed $3,099,841.95 raacc�� 9 r` Less %Retained $0.00 / �f/ Net Earned $3,099,841.95 Date Inspection Supervisor Earned This Period $3,099,841.95 / ^� Retainage This Period $0.00 Date/ /v ! Less Liquidated Damages Project anager (��-)l �f Days a /Day $0.00 Date 15 Vim'1� LessPavement Deficiency $0.00 PW-Iwfrn mralrn 5011- Less Penalty $0.00 ��� �V�Gam) Less Previous Payment $0.00 Da O Dire(#r/Contracting DeparvXent Plus Material on Hand Less 15% $0.00 Balance Due This Payment $3,099,841.95 ii Monday,May 22,2017 Page 4 of 5 i �I City Project Numbers 02431 DOE Number 7369 Contract Name LEFT BANK Estimate Number I Contract Limits PAVING&DRAINAGE IMPROVEMENTS Payment Number I Project Type DRAINAGE&PAVING For Period Ending 5/19/2017 Project Funding Project Manager Long City Secretary Contract Number 117369 Inspectors LAYER / CHAMBERS Contract Date Contractor EMJ CORPORATION Contract Time 237 CD 5525 N.MACARTHUR BLVD.,#400 Days Charged to Date 667 CD IRVING, TX 75038-2604 Contract is .000000 Complete CITY OF FORT WORTH SUMMARY OF CHARGES Line Fund Account Center Amount Gross Retainage Net Funded Total Cost of Work Completed $3,099,841.95 Less %Retained $0.00 Net Earned $3,099,841.95 Earned This Period $3,099,841.95 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 $3,099,841.95 Monday,May 22,2017 Page 5 of 5 FORTWORTH rev 03/05/07 TRANSPORTATION & PUBLIC WORKS FINAL STATEMENT OF CONTRACT TIME FINAL STATEMENT NO, NAME OF PROJECT:Left Bank Paving& Drainage Improvements PROJECT NO.: 2431 CONTRACTOR: EMJ Construction DOE NO. 7369 PERIOD FROM 07/16/15 TO: 05/12/17 FINAL INSPECTION DATE: 27-Mar-17 WORK ORDER EFFECTIVE 7/16/2015 CONTRACT TIME 237 O WD O 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 667 PERIOD PREVIOUS PERIOD TOTALS 667 TO DATE *REMARKS CO TRA O DATE IN SEC TOR D TE ENGINEERING DEP.�R 4-MENT (D The City of Fort XX,'orth• 1000 T11rockmorton Street• Fort Worth,T5i 76012-6311 (817) 392-7941 • Fax. (817) 392- 7845 FORT WORTH REV:8/20/16 TRANSPORTATION AND PUBLIC WORKS PERFORMANCE EVALUATION OF CONTRACTOR I) CONTRACTOR&PROJECT DATA Name of Contractor Project Name EMJ Construction Left Bank Paving&Drainage Improvements Inspector City Project Number Kevin Chambers 2313 Construction Components Project Manager ❑ Water ❑ Waste Water D Storm Drainage D Pavement Aaron Long Initial Contract Amount Project Difficulty $3,099,841.95 O Simple O Routine O Complex Final Contract Amount Date $3,099,841.95 5/24/2017 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 4 8 8 2 Public Notifications 5 Y 4 20 20 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 1 20 1 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 10 TOTAL ELEMENT SCORE(A) 388 BONUS POINTS(25 Maximum)(B) TOTAL SCORE(TS) 388 III)CONTRACTOR'S RATING Maximum Score(MS)=448 or sum of applicable element score maximums which= 448 Rating([TS/MS] * 100%) 388 / 448 = 87% 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 Contractor Signature H 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 FORTWORTHREV:02/22/07 TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY I)PROJECT_INFORMATION Date: 5/24/2017 Name of Contractor Project Name EMJ Construction Left Bank Paving&Drainage Improvements DOE Inspector Project Manager Kevin Chambers Aaron Long DOE Number Project Difficulty Type of Contract 7369 O Simple O Routine O Complex ❑ Water ❑ Waste Water D Storm Drainage D Pavement Initial Contract Amount Final Contract Amount $3,099,841.95 $3,099,841.95 II)PERFORMANCE EVALUATION 0-Inadequate 1 -Deficient 2-Standard 3 -Good 4-Excellent ELEMENT RATING ELEMENT RATING (0-4) INSPECTION EVALUATION PLANS&SPECIFICATIONS _ 1 Availability of Inspector 1 Accuracy of Plans to Existing Conditions �f 2 Knowledge of Inspector 41 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 EVAL_UA_TION 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 4 Resolution of Utility Conflicts 3 Bid Opening to Pre-Con Meeting Timeframe III)COMMENTS&SIGNATURES COMMENTS Signature Contractor i Signature DOE Inspector d WCAA. , N/L,� i Signature DOE Inspector's Supervisor017��lalj / INSPECTOR'S COMMENT p I i I TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth• 1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fax: (817)392-7845 i i tC:(JNST RUCTION LTD. 5112 SUN VALLEY DRIVE FORT WORTH,TX 76119 TEL:817-572-3303 FAX:817-478-0443 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; I Left Bank-Paving &Drainage Improvements BY «Tl `'�zza Troy . Jackson,Vice President Subscribed and sworn before me on this date 17th of August, 2017. j Notary Pu lic Tarrant, Texas CARMEN L ESTEP Notary Public,State of Texas comm.EXplles 04.06-2020 Notary ID 2910611 M00 i i TM 7 Document G707 — 1994 Consent Of Surety to Final Payment PROJECT: (Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: Left Bank-Paving and Drainage ARCHITECT:❑ Improvements CFA Number 2015-044 CONTRACTOR: CONTRACT FOR:General Construction SURETY: TO OWNER:(Name and address) CONTRACT DATED: OTHER:❑ Centergy Retail,LLC and City of Forth 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 Contracto) 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 andyear.) Western Surety Company (Suret (Signature qf alithorized representative) Attest: Patricia S. Kleehammer,Attorney-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 AIAe 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 17:19:30 on 06/12/2017 under Order No.9721777310 which expires on 04/04/2018,and is not for resale. User Notes: (3139ADAV) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Mark R Brock, Patricia S Kleehammer, T Michael Langley, Dana Keith Davis, Cecil Ray Vaughan III,John D Brock,Individually of Rossville,GA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bands, 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. WESTERN SURETY COMPANY .,"'Oft rrt�,� .. o. aeoR,q:3e ".wTH DPN�i 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 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 NOTARYPUBnC June 23,2021 Ila SOUTHOAMOTA S J.Mohr,Notary Public CERTIFICATE 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 corporationp nted on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 20P day of (f�C[ s°"ErY�-, WESTERN SURETY COMPANY 'md%00'q'q" to =WtV _! uunnuw C7�( L.Nelson,Assistant Secretary Form F4280-7-2012 v��h�fll/a AIA Document G707TM — 1994 Consent Of Surety to Final Payment PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: Left Bank-Paving and Drainage ARCHITECT: ❑ Improvements,Maintenance CFA Number 2015-044 CONTRACTOR: CONTRACT FOR:General Construction SURETY: TO OWNER:(Name and address) CONTRACT DATED: OTHER:❑ Centergy Retail,LLC and City of Forth 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 Sureh�) 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 nunneric date and yen•.) Western Surety Company (Surety) (Signature of authorized reps sentative) Attest: Patricia S.Kleehanmer,Attorney-in-fact (Seal): (Printed name and title) AIA Document G707TO—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 AIA6 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 17:22:02 on 06/12/2017 under Order No.9721777310 which expires on 04/04/2018,and is not for resale. User Notes: (3B9ADA38) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Mark R Brock, Patricia S Kleehammer, T Michael Langley, Dana Keith Davis, Cecil Ray Vaughan III,John D Brock, Individually of Rossville,GA,its true and lawful Attorneys)-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. ,4 WESTERN SURETY COMPANY ,aSuaE.... q voq'`0 _W 4pP gr�iZ- sSE A�'•.p s OUT...... µOr.. H OAuo" 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 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 soraavauauc June 23,2021 Is SOUTH DAKOTA J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this [''' day of -, s"Erre WESTERN SURETY COMPANY C7:y) 4wtR Di1µ�,c� w�u„unm„' L.Nelson,Assistant Secretary Form F4280-7-2012 ®F® Document G707TM - 1994 Consent Of Surety to Final Payment PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: Left Bank-Paving and Drainage ARCHITECT:❑ Improvements,Maintenance CFA Number 2015-044 CONTRACTOR: CONTRACT FOR:General Construction SURETY: TO OWNER:(Name and address) CONTRACT DATED: OTHER:❑ Centergy Retail,LLC and City of Forth 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) (Signahwe ofauthorized representative) c Attest: n . ,c.� Patricia S.Kleehammer,Attorney-in-fact (Seal): (Printed name and title) AIA Document G707TI—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 AIAe 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 17:22:02 on 06/12/2017 under Order No.9721777310 which expires on 04/04/2018,and is not for resale. User Notes: (3139ADA38) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Mark R Brock, Patricia S Kleehammer, T Michael Langley, Dana Keith Davis, Cecil Ray Vaughan III,John D Brock,Individually of Rossville,GA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 14th day of February,2017. WESTERN SURETY COMPANY 45.. yy OVTN.ppµ�lPc "I mw" aul T.Bruflat,Vice President State of South Dakota 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 s NOTARY FUdLIC �•'/IIII��I�� June 23,2021 SOUTH nkKOTA s i J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this—+ day of ytL— 7 ........Erre'-s WESTERN SURETY COMPANY ...............Q,p Oq,Q'N. 1� 27o 1.412�LZ f �4 Outs op�O1P`. w�nnunm^'"' L.Nelson,Assistant Secretary Form F4280-7-2012 ente�o �jRetail �. bI September 8, 2017 Email: christopher.palmore(c-Demicorp.com EMJ Corporation, Inc. 5525 N. MacArthur Blvd. Suite 400 Irving, TX 75038 Re: West 7th Street Development— Ft. Worth, TX Paving & Drainage Improvements DOE#: 7369 Project#: 02431 Dear Chris Palmore, In response to the West 7th Street Development Paving & Drainage Improvements was Final accepted by the City of Ft. Worth. This letter officially agrees that Centergy West 7thLLC will not assess any Liquidated Damages to EMJ Construction for any work related to the above mentioned project. Sincerely, West Miller Centergy Retail, LLC President EMJ CONSTRUCTION AFFIDAVIT STATE of TEXAS COUNTY ofTARRANT 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 71h Paving & Drainage Improvements BY Z4.CJs G Kevin Gass, VPC Subscribed and sworn before me on this 20th of September, 2017, Notary Public FAITH E. CRISSMAN `�4C•� V9 :9 Notary Public,State of Texas Dallas, Texas a. Cornm.Expires 10-17.2020 :. Notary ID 130864449 � C C nL AI A A.....A.4". .:L.. Ann I...I-- T%/ '7Cnnn nen Lon 1 nin