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Contract 43926-FP1
Depa meet TP &W Const. Services DOE# id Date Projec 11m1�' 4 ! c Manager g Risk Management J. age �. 4 D.O.E. Brotherton CFA Westerman/Scanne _ P "The Proceeding people have been C. ` tacted concerning the request for final payment & have released this project for such payment. L ■ • Clearance Conducted ByShameka Kennedy Y • LT WORTH LTION AND PUBLIC WORKS PROJECT COMPLETION CITY SECRETARY, CONTRACT NO. D.O.E. Ns: 6906 CL5#/39z1sf Regarding contract 116906 for TRWD WATER RELOCATION 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 complete. Original Contract Prices: Amount of Approved Change Orders: Revised Contract Amount: Total Cost Work Completed: Less Deductions: Liquidated Damages: Pavement Deficiencies: Total Deduction Amount: Total Cost Work Completed: Less Previous Payments: Final Payment Due E©E�ViE n DEC 152045 BYleanapseleteleedINNIMIS Saba - ....-- -g..: ar. •- • Recommended for Acceptance Asst. Director, TPW - Infrastructure Design and Construction Accepted f� Director, WATER DEPARTMENT City Mza eager Comments: P265-541200-609150197983 EMA ILED DEC 2'k2015 Initials 1/4*--- SCAJj 0 $19,200.00 $19,200.00 Ns Days @ $210.00/ Day $19,200.00 $0.00 $19,200.00 /) s/j t/r Date /e-76 Date .0A -7 Date OFFICIAL RECORD CITY SECRETARY f's: WORTH, TX 2La5 —61 9�9 t i FLIRT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name TRWD WATER RELOCATION Contract Limits Project Type WATER City Project Numbers 01979 DOE Number 6906 Estimate Number 1 Payment Number 1 For Period Ending 4/16/2014 CD City Secretary Contract Number 116906 Contract Time 2CD Contract Date Days Charged to Date 838 Contract is .000000 Complete Project Manager Ehia Contractor BEAR CREEK CONSTRUCTION, LTD. 4950 HANSON DR. IRVING , TX 75038 Inspectors LAYER / LEE Wednesday, April 16, 2014 Page 1 of 4 City Project Numbers 01979 Contract Name I RWD WAI ER RELOCATION Contract Limits Project Type WATER Project Funding WATER Item No. 1 8" PLUGS 2 8" PRESSURE PLUGS 3 2" WATER METER W/ BOX 4 DUCTILE IRON WATER FITTINGS 5 EROSION CONTROL Description of Items Wednesday, April 16, 2014 P265 Estimated Unit Unit Cost Quanity 1 I 3 1 1 EA EA EA EA LS Sub -Total of Previous Unit $950.00 $3,500.00 $3,000.00 $5,400.00 $350.00 DOE Number 6906 Estimate Number Payment Number For Period Ending Estimated Total $950.00 $3,500.00 $9,000.00 $5,400.00 $350.00 $19,200.00 1 1 4/16/2014 Completed Completed Quanity Total 1 1 3 1 1 $950.00 $3,500.00 $9,000.00 $5,400.00 $350.00 $19,200.00 Page 2 of 4 City Project Numbers 01979 Contract Name TRWD WATER RELOCATION Contract Limits Project Type WATER Project Funding Contr Inspection r sor Project Man Director / Contracting Departm Contract Information Summary Original Contract Amount Chavhze Orders Total Contract Price 271 Date Date /4A-5— Date/1'1F.1). .6--=% Date .i2G'd. a/ j astructure Design and Construction Date / 1 �2_ DOE Number 6906 Estimate Number 1 Payment Number 1 For Period Ending 4/16/2014 $19,200.00 $19,200.00 Total Cost of Work Completed Less % Retained Net Earned Earned This Period Retainage This Period $19,200.00 $0.00 Less Liquidated Damages Days cr, / Day LessPavement Deficiency Less Penalty Less Previous Payment Plus Material on Hand Less 15% Balance Due This Payment $19,200.00 $0.00 $19,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $19,200.00 Wednesday, April 16, 2014 Page 3 of 4 City Project Numbers 01979 Lip EWE DEC 1 5 2015 Contract Name '1IRti'VD WATER RELOCATION Contract Limits Project Type WATER Project Funding Project Manager Ehia Inspectors LAYER / LEE Contractor BEAR CREEK CONSTRUCTION, LTD. 4950 HANSON DR. IRVING , TX 75038 Line Fund Account Center Wednesday, April 16, 2014 51(4w -Iceoicir-79 P 2(4S-- olkiq DOE Number 6906 Estimate Number Payment Number For Period Ending City Secretary Contract Number Contract Date Contract Time 116906 1 1 4/16/2014 20 CD Days Charged to Date 838 CD Contract is .000000 Complete CITY OF FORT WORTH SUMMARY OF CHARGES Amount Funded Gross Retainage Total Cost of Work Completed Less % Retained Net Earned Earned This Period Retainage This Period $19,200.00 $0.00 Less Liquidated Damages 0 Days @ $0.00 / Day LessPavement Deficiency Less Penalty Less Previous Payment Plus Material on Hand Less 15% Balance Due This Payment Net $19,200.00 $0.00 $19,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $19,200.00 Page 4 of 4 FORT WORTH TRANSPORTATION & PUBLIC WORKS FINAL STATEMENT OF CONTRACT TIME FINAL STATEMENT NO.:1 NAME OF PROJECT: TRWD Water Relocation PROJECT NO.: 01979 PERIOD FROM:12/03/ 11 TO: 04/01 / 14 WORK ORDER EFFECTIVE: 12/3/2011 • DAY OF DAYS MONTH CHARGED DURING 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. SAT, SUN, & HOLIDAYS THIS PERIOD PREVIOUS PERIOD TOTALS TO DATE *REMA ICS: CONTRACTOR CONTRACTOR: Bear Creek DOE NO.: FINAL INSPECTION DATE: 1-Apr CONTRACT TIME: 20 REASON FOR DAYS CREDITED RAIN, TOO WET, & TOO COLD 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. DAY OF DAYS MONTH CHARGED • UTILITIES RELOCATIONS DURING OTHERS * No Liquidated Damages To Be Charged i te DATE II4S�PECTOR ENGINEERING DEPARTMENT The City of Fort Worth • 1000 Throckmorton Street • Fort Worth, TX 76012-6311 (817) 392 - 7941 • Fax: (817) 392 - 7845 6906 rev 03/05/07 O WD O CD REASON FOR DAYS CREDITED DAYS CHARGED TOTAL DAYS 838 838 &'--/ ,c iti DATE • • AFFIDAVIT STATE OF Texas COUNTY OF Dallas Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personalty appeared Brian K. Holdgate, Member of General Partner Of Bear Creek Construction, 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; TRWD Public Water Relocation - Project No. P265-609150178583 BY an K. Holdgate Subscribed and sworn before me on this date 3rd of April, 2014. Notary Public Dallas County, Texas EVAN J. FELDMAN Notary Public, State of Texas My Commission Expires January 28, 2015 CONSENT OF SUItE'!'V COMPANY TO FIN Al PAYMENT AlA DOC'UM M' G707 PROJECT: (name, address) Omer Architect Contractor Surety Other Tarrant Regional Water District Proj. No. P265-609150197983 TO; «t)wi,tr) Tarrant Regional Water District 600 East North Side Drive Fort Worth, TX 76164 COITJ RACTOR: Bear Creek Site Utilities & Construction, Ltd. dba Bear Creek Construction 4950 Hanson Drive Irving, TX 75038 Bond #TXC 101418 ARCHITECT'S PROJECT NO: CONTRACT FOR: Construction C01i'I'RAC'I' DATE: 10/22/2012 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the Merchants Bonding Company (Mutual) 15950 North Dallas Parkway, Ste. 400 Dallas, Texas 75248 OR bond of (here insert naive and at,dress rri Co.iti'acta:) Bear Creek Site Utilities & Construction, Ltd. dba Bear Creek Construction 4950 Hanson Drive Irving, Texas 75038 , SURETY COMPAJ Y ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Cornpaay of any of its obligations to (hire hscn _large and address of Ovvm:) Tarrant Regional Water District 600 East North Side Drive Fort Worth, Texas 76164 as set forth in the said Surety Company's bond. IN W 71 MESS WHEREOF, the Surety Company has hereunto set its hand this Attcht: (Sal): ,OWNER NE' R 3rd day of April 2014 Surety Company Merchants Bonding Company (Mutual) Sipnawre ofAulhor:zed Rcprescntucive Debbie Smith - Attorney -In -Fact "1"itle NOTE: This fonn is to be used lis a companion document to AlA DOCUMENT 6706, CON" I'K \CTOR'S AFFIDAVIT OF PAYMLNT OP DON( S AND CLANS, ('tacit LSditi on �V Oa h MA 000I' sARNT G707'CONSISN']' OF SURETY COMPANY TO FINAL PAYMfNT•APRII. 1970 EDITION•AIA® PAGE «I 970'TIIE AMERICAN 11Y5"1'l1 TE OF ARCHITECTS, : 735 NI:W YORlt, AVE., NW. WAS]JINGTON, la.C, 20006 MERCHANTS BONDING COMPAN TU POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies`), and that the Companies do hereby make, constitute and appoint, Individually, Dawn Anglin, Walter J. De La Rosa, Donnie Doan, Dennis C. Dowd, Kristi Meek, f ae Perdue, Debbie Smith of Dallas and State of Texas their true and lawful Attomey-in-.Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shalt not exceed the amount of: SEVEN IVELILION FIVE T _ D TOUSAND ($755009000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed, This Power -of Attorney Is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 19th day of August STATE OF IOWA COUNTY OF POLK ss. •S•do•• �oe�Q, e•O,•0° le2tcle tl41.741.6 . q e Atedso • o • Q < • E o • 1933 ; � o 0 •� • V o 1. Oas�tj a • o o • . • ikk14•:ea Q0000o , 2013 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By rtany r President On this 19th day of August , 2013 , before me appeared Larry Taylor, to rite personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT Commission Number 770312 My Commission Expires October 28, 2014 STATE OF IOWA COUNTY OF POLK ss, Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Wit this ss Wheray of , POA 0014 (11/'i1) f Ihave Tie unto set rand and affixed the seal of the Companies on 4tionttitti El*4,..+D�•ae�0O . PO ;..i* Or .F466, . fit • co et. Q31 CaQi la: Vot7t ®1-: � -O- tin`gym 4 • ota%1933 . :�.c 64., ,, ::: • °O000000 WeefeRitge•--"te'47. Secretary FoITWoRTH TRANSPORTATION AND PUBLIC WORKS PERFORMANCE EVALUATION OF CONTRACTOR I) CONTRACTOR & PROJECT DATA Name of Contractor Bear Creek Construction DOE Inspector Wade Johnson DOE Inspector Water ❑ Waste Water ❑ Storm Drainage Initial Contract Amount $19,200.00 Final Contract Amount $19,200.00 II) PERFORMANCE EVALUATION 10 - Inadequate 1 - Deficient 2 - Standard 3 - Good 4 - Excellent ELEMENT J WEIGHT ( x ) 1 Submission of Documents 2 12 Public Notifications 5 3 Plans on Site 5 4 Field Supervision 15 15 Work Performed 15 16 Finished Product 15 17 Job Site Safety 1 15 18 Traffic Control Maintenance 1 15 19 Daily Clean Up 1 5 110 Citizen's Complaint Resolution 5 111 Property Restoration 5 112 After Hours Response 1 5 113 Project Completion 1 5 Project Name T RWD Water Relocation DOE Number 6906 Project Manager Pavement Fred Ehia Project Difficulty REV: 02/20/07 O Simple ® Routine 0 Complex Dale 4/14/2014 APPLICABLE (Y / N) RATING (0 - 4) MAX SCORE SCORE Y 3 N 8 6 Y 3 20 Y 3 60 Y 3 60 Y 3 60 Y 3 1 60 Y 1 3 60 Y 1 3 1 20 N 1 Y 1 3 1 20 N 1 I Y I 3 1 20 15 45 45 45 45 45 15 15 15 TOTAL ELEMENT SCORE (A) 291 BONUS POINTS (25 Maximum) (B) TOTAL SCORE (TS) 291 III) CONTRACTOR'S RATING Maximum Score (MS) = 448 or sum of applicable element score maximums which = 388 Rating ( [TS / MS] * 100%) 291 / 388 Performance Category Good <20% = Inadequate 20% to <40% = Deficient 40% to <60% = Standard 60% to <80% — Good >80% = Excellent Inspector's Comments (INCLUDING EXPLANATION OF BONUS POINTS AWARDED) Signature DOE Inspector Signature DOE Inspector's Supervisor CONTRACTOR'S COMMENTS pAdi 75% Signature Contractor TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth • 1000 Throckmorton Street a Fort Worth, 'IX 76012-6311 (817) 392 - 7941 o Fax: (817) 392 - 7845 FORT WORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: TRWD Water Relocation PROJECT NUMBER e 01.979 DOE NUMBER: 6906 WATER PIPE LAID SIZE TYPE OF PIPE LF FIRE HYDRANTS: PIPE ABANDONED DENSITIES: NEW SERVICES: VALVES (16" OR LARGER) SIZE TYPE OF PIPE 8 CI 2' copper 2" copper LF SEWER PIPE LAID SIZE TYPE OF PIPE LF PIPE ABANDONED SIZE TYPE OF PIPE LF DENSITIES: NEW SERVICES: TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth • 1000 Throckmorton Street • Fort Worth, r/X_ 76012-6311 (817) 392 - 7941 • Fax: (817) 392 - 7845 From: Grettel Luna <Gretteliuna@trwd.com> Sent: Friday, May 16, 2014 7:18 AM To: Tami Smith Subject: FW: TRWD Paperwork Good Morning Tami, Please see Alan's response below. Thanks( G Rettel From: Alan Thomas Sent: Thursday, May 15, 2014 8:58 AM To: Grettel Luna Subject RE' TRWD Paperwork According to the City, there is some controversy over whether or not this project is final and/or accepted. The plans call for the valve in the street to be removed. Please have Bear Creek provide us with the documentation from the City allowing them to do the work behind the curb & leave the valve in place. Also, any submittal they have showing exactly what & how the work was done. Thanks Alan From: Grettel Luna Sent: Thursday, May 01, 2014 7:36 AM To Alan Thomas Subject: FW: TRWD Paperwork See below( From: Johnson, Wade fmailto:Wade.Johnson@fortworthtexas.aovi Sent: Tuesday, April 29, 2014 3:20 PM To Tami Smith Grettel Luna Subject: RE* TRWD Paperwork Please forward this: The city has accepted the TRWD Water Relocation project both verbally and in writing. Alan stated in his prior response that no LD'S were being charged at this time pending the release of the city paperwork. The city will not release the final paperwork until an LD letter is received. The letter must be on TRWD letterhead and state the contractors name, project name and DOE #6906 All other paperwork has been received from Bear Creek . I am only waiting on TRWD to send their letter. Once this letter is received Bear Creek can sign the final paper work and we can put this project to rest. Thank You Wade 1 Tarrant Ronal Water District November 20, 2015 Bear Creek Site Utilities & Construction, Ltd. 4950 Hanson Drive Irving, Texas 75038 Board Members Victor W. Henderson, President Jack R. Stevens, Vice President Marty V. Leonard, Secretary Jim W. Lane, Secretary Pro-Tem Mary Kelleher, Director James M. Oliver, General Manager r LAY UL:;CJK LY:; 11. Attention: Evan Feldman Re: TRWD Water Line Relocation — City Project No. 01979 Dear Mr. Feldman: NOV2 3 2015 , .ct.c.: -s.. As I understand the situation, the City of Fort Worth will not close out the above referenced project without assurance that TRWD will not assess liquidated damages on the project. TRWD on the other hand is reluctant to remit a final payment without the assurance that the work was done to the satisfaction of the City. Based upon your representations and the preliminary unsigned letter from the City of Fort Worth, TRWD agrees to remit final payment of $9,000 for the relocation of the water line on Northpark Drive, and to forego assessment of liquidated damages, provided you furnish a signed letter from the City of Fort Worth confirming that the work for which the final payment pertains was performed to the satisfaction of the City of Fort Worth. This letter should serve as notification to the City that no liquidated damages will be assessed on the project if the work is satisfactory to the City. Please indicate your acknowledgement and agreement by executing where indicated below and returning an original to me. Sincerely, Alan Thomas Deputy General Manager ACKNOWLEDGED AND AGREED By (please printLAs., A: iYolilarr Title: /lFAOc �'.NY�l9MK 4envz P.O. Box 4508, Fort Worth, Texas 76164-0508 800 E. Northside Drive Fort Worth, Texas 76102-1016 Office 817-335-2491 Fax: 817-877-5137 www.trwd.com I) PROJECT INFORMATION Name of Contractor Bear Creek Construction DOE Inspector Wade Johnson DOE Number 6906 Initial Contract Amount $19,200.00 II) PERFORMANCE EVALUATION 0 - Inadequate 1 - Deficient 2 - Standard ELEMENT JINSPECTION EVALUATION FORT WORTH s-: TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY Date: 14/14/2014 Project Difficulty 0 Simple 1 Availability of Inspector 12 Knowledge of Inspector 13 Accuracy of Measured Quantities 14 Display Of Professionalism 15 Citizen Complaint Resolution 6 Performance - Setting up Valve Crews, Labs ADMINISTRATION 1 Change Order Processing Time 12 Timliness of Contractor Payments 13 Bid Opening to Pre -Con Meeting Timeframe III) COMMENTS & SIGNATURES COMMENTS Signature Contractor Signature DOE Inspector Signature DOE Inspector's Supervisor INSPECTOR'S COMMENTS Routine 0 Complex Project Name TRWD Water Relocation Project Manager Fred Ehia Type of Conti act C Water Waste Water Final Contract Amount $19,200.00 3 - Good 4 - Excellent RATING ELEMENT (0 - 4) REV: 02/22/07 Storm Drainage n Pavement PLANS & SPECIFICATIONS 1 Accuracy of Plans to Existing Conditions "3 2 Clarity & Sufficiency of Details 3 Applicability of Specifications 4 Accuracy of Plan Quantities PROJECT MANAGER EVALUATION `3 I 1 Knowledge And/Or Problem Resolution 12 Availability of Project Manager 3 Communication 4 Resolution of Utility Conflicts TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth • 1000 Throckinorton Street • Fort Worth, '1`X 76012-6311 (817) 392 - 7941 • Fax: (817) 392 - 7845 IRATING (0 - 4) 3 5