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Contract 52140-FP2
City Secretary 52140 -FP2 Contract No. FORT WORTH:,. Date Received Jun 12,2020 NOTICE OF PROJECT COMPLETION (Developer Projects) The Transportation and Public Works Department upon the recommendation of the Project Manager has accepted the following project as complete: Project Name: FOSSIL CREEK INDUSTRIAL City Project No.: 101872 Improvement Type(s): ® Paving ❑ Drainage ❑ Street Lights ❑ Traffic Signals Original Contract Price: $20,203.96 'Amount of Approved Change Order(s): :Revised Contract A_mountu-w._...�_...M.... .__... i__ ?Total Cost of Work Complete: $20,203.96 �7aGob ti1��a� Jacob Murray(Jun 8,2020 :29 CDT) Jun 8,2020 Contractor Date President Title Murray-Ward Contracting Company Name Jessib Davis(Jun 11,2020 07:52 CDT) Jun 11,2020 Project Inspector Date KhalTaafari P.E. Jun 11 2020 KhaLJaafari P.E.(Jun 11,2020 13:46 CDT) Zr nager Date Laurie Lewis(Jun 11,202017:01 CDT) Jun 11,2020 CFA Manager Date �lGL�Gt�GILl�O� Dana B,r hdcff(Jun 11,202 18:08 CCT) Jun 11,2020 Asst. City Manager Date Page 1 of 2 Notice of Project Completion Project Name: FOSSIL CREEK INDUSTRIAL City Project No.: 101872 City's Attachments Final Pay Estimate Change Order(s): ❑ Yes © N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time: 40 CD Days Charged: 269 Work Start Date: 5/20/2019 Work Complete Date: 2/12/2020 Page 2 of 2 FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name FOSSIL CREEK INDUSTRIAL Contract Limits Project Type PAVING City Project Numbers 101872 DOE Number 1872 Estimate Number 1 Payment Number I For Period Ending 4/9/2020 CD City Secretary Contract Number Contract Time 4CD Contract Date Days Charged to Date 269 Project Manager NA Contract is 100.00 Complete Contractor CALHAR CONSTRUCTION INC 2138 CALHAR DR MELISSA, TX 75454-2875 Inspectors DICKINSON / ROGERS Thursday,April 9,2020 Page I of 4 City Project Numbers 101872 DOE Number 1872 Contract Name FOSSIL CREEK INDUSTRIAL Estimate Number I Contract Limits Payment Number I Project Type PAVING For Period Ending 4/9/2020 Project Funding PAVING Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 4"CONC SIDEWALK 3294 SF $3.94 $12,978.36 3294 $12,978.36 2 7"CONCRETE DRIVEWAY 1525 SF $3.44 $5,246.00 I525 $5,246.00 3 6"CONC CURB&GUTTER 98 LF $20.20 $1,979.60 98 $1,979.60 -------------------------------------- Sub-Total of Previous Unit $20,203.96 $20,203.96 -------------------------------------- Thursday,April 9,2020 Page 2 of 4 City Project Numbers 101872 DOE Number 1872 Contract Name FOSSIL CREEK INDUSTRIAL Estimate Number 1 Contract Limits Payment Number 1 Project Type PAVING For Period Ending 4/9/2020 Project Funding Contract Information Summary Original Contract Amount $20,203.96 Change Orders Total Contract Price $20,203.96 Total Cost of Work Completed $20,203.96 Less %Retained $0.00 Net Earned $20,203.96 Earned This Period $20,203.96 Retainage This Period $0.00 Less Liquidated Damages Days @ /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 $20,203.96 Thursday,April 9,2020 Page 3 of 4 City Project Numbers 101872 DOE Number 1872 Contract Name FOSSIL CREEK INDUSTRIAL Estimate Number I Contract Limits Payment Number 1 Project Type PANG For Period Ending 4/9/2020 Project Funding Project Manager NA City Secretary Contract Number Inspectors DICKINSON/ ROGERS Contract Date Contractor CALHAR CONSTRUCTION INC Contract Time 40 CD 2138 CALHAR DR Days Charged to Date 269 CD MELISSA, TX 75454-2875 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 $20,203.96 Less %Retained $0.00 Net Earned $20,203.96 Earned This Period $20,203.96 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 $20,203.96 Thursday,April 9,2020 Page 4 of 4 CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT THE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Denton } BEFORE ME, the undersigned authority, on this day personally appeared Jacob Murray ("Affidavit"), who, after being by me duly sworn, deposes, and says that he is President of Murray-Ward Contracting, Inc. , a Corporation (corporation, partnership, trade name) of Denton County, State of Texas (the "Contractor"), which said Contractor was awarded the contract dated the 2 day of February 20 19 for the construction of First Industrial Fossil Creek -Building Foundations,Slab,Tilt-Wall, Paving&Sidewalks at Fort Worth,TX 76137 (the "Work"), for a total consideration of $3,014,999.00(three million fourteen thousand nine hundred ninety-nine dollars&00/100) Dollars to be paid to the said Contractor(the"Contract"), and that Affidant has full power of authority to make this affidavit. That First Industrial Realty Trust,Inc. (the "Owner") has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code and Article 5160 of the Revised Civil Statutes of the State of Texas, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the work in question. That in addition to any funds which may have been previously paid by the Owner, the Contractor hereby accepts the amount of $0.00(zero dollars&0/100) Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affidant and/or the Contractor may have to pursue claims of any nature against the Owner and/or the City of Frisco, its officers, employees, agents and representatives, arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner and the City of Frisco, Texas, its officers, employees, agents and representatives, from any such claims of such Subcontractors, including but not limited to, any and all liens which may be filed on the subject property as a result of the Contract and/or any claim for payment which may result from the Contract. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. By (Affidavit) Jacob Murray (Printed Name) SUBSCRIBED AND SWORN TO BEFORE ME,this the 8 day of ln9 A.D.20 20 )I By l 14 (Notary Public in and for tt.` St2te,of Texas) CLAUDIA RODRIGUEZ Notary Public,StateofTexas Claudia Rodriquez „T +=Comm.Expires 12-29-2023 (Printed Name of Notary) Notary ID 128838855 My commission expires December 29,2023 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ Conforms with the American Institute of OTHER Architects,AIA Document G707 Bond No SU1156069 PROJECT: (name, addresS)Fossil Creek Industrial Fort Worth,TX TO (Owner) FIRST INDUSTRIAL REALTY TRUST,INC.AND CITY ARCHITECT'SARCHITECT'S PROJECT NO: OF FORT WORTH CONTRACT FOR: 1000 Throckmorton Paving Improvements for Fossil Creek Industrial Fort worth Tx 76102 CONTRACT DATE: February22,2019 CONTRACTOR: MURRAY-WARD CONTRACTING In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety Company) ARCH INSURANCE COMPANY Harborside 3,210 Hudson Street,Suite 300 Jersey City NJ 07311-1107 , SURETY COMPANY on bond of (here insert name and address of Contractor) MURRAY-WARD CONTRACTING 2364 South Uecker Lane, Suite B Lewisville TX 75067 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that,final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) FIRST INDUSTRIAL REALTY TRUST,INC.AND CITY OF FORT WORTH 1000 Throckmorton Fort Worth TX 76102 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS,WHEREOF, the Surety Company has hereunto set its hand this 3rd day of June,2020 ARCH INSURANCE COMPANY Surety Company Attest: (Seal): '"' Signature of Authorized Representative Robbi Morales Attorney-in-Fact Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE AIC 0000313322 This Power of Attorney titnits the acts of those named herein,and they have no authority to hind the Company except in the manner and to the extent herein stated Not valid for Note,Loan,Letter of Credit.Currency Rote,Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY" Know All Peraous By These Pi eseuts: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: Don E.Cornell,Joshua Saunders,Kelly A. Westbrook,Ricardo J.Reyna,Robbi Morales,Sophinie Hunter,Tina McEwan and Tonie Petranek of Dallas,TX (EACH) its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds,undertakings,recognizances and other surety obligations,in the penal sum not exceeding Ninel_Million Dollars,90 000 000.00 This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds,undertakings,recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrutive office in Jersey City,New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15,2011.true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,of the Surety Business Division,or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them subject to the limitations set forth in their respective powers of attorney;to execute on behalf of the Company,and attach the seal of the Company fhereto,bonds, undertakings,recognizances and other surety obligations obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process" V 'this Power of Attomev is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15,2011: VOTED,That the signature of the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,of the Suren�Business Division, or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15,20 11,and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 18th day of Mav,2020 Attested and Certified ,� �C Arch Insurance Company - C _ �J � coKrtxwre 4 C�;�Z, � hn SEOLL Patrick K.Nails,Secretary 19n David M.Finkelstein,Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OFPI LADELPH[ASS ��Sf0Y1� 1,Michele Tripodi,a Notary Public,do hereby certify that Patrick K.Nails and David M.Finkelstein personally knowm to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company,a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SfM MKNV t TRIPODt,NOWY Putitk city of"A tNI j4,PhKA• County Michele Tripodi,Notary Public MvCanrtelnAiLvite'tmy31.Iml My commission expires 07/31/2021 CERTIFICATION 1,Patrick K.Nails,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated]SIa% 18.2020 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said David M.Finkelstein,who executed the Power of Attorney as Fxecutivc Vice President,was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President offhe Arch Insurance Company, IN TESTIMONY WHEREOF,I have hereunto subscribed my name and axed the corporate seal of the Arch Insurance Company on this 3rd day of June 20 20 if Patrick K.Nails,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent heroin stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BONI)TO THE FOLLOWING ADDRESS: +Q'g Arch Insurance—Surety Division 3 Parkway,Suite 1500 t7GR1O MTE Philadelphia,PA 19102 SEAL X1971 rya O To verify the authenticity of this Power of Attorney,please contact Arch Insurance Company at SuretyAuthentic@archinsurance.com Please refer to the above named Attorney-in-Fact and the details of the bond to which the power Is attached. AICPOA040120 Printed in U.S.A.