HomeMy WebLinkAboutContract 44606-FP1 (2).> �-� r� �C S�� � � `':! i 1
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� � OCT 14 2016 �''
fi:��'Y ���:�����` � � �
e:��������� �, .�.�J1��'�' �1_. �
� �'�}� CITY OF FORT WORTH Jt' (� � Q� U3 r-� O
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� NOTICE OF PROJECT COMPLETION � C U
3 C,.S �i L%(4 �i0
ecretaay Contract 44606 for the Narthside IV Elevated Storage
Tank and Waterline, (Citv Proiect # 003701 which was requested by the Water
Department and approved by City Council on 06/04/2013 through M&C C-26301 , the
Directo�• of the Water Department, upon the recommendation / approval of the
Consnitant / Citv Proiect Manager, has accepted the project as complete. Final
Payment (Pay Application # 23) will be issued in accordance with Administrative
Regulation C-6.
Original Contract Price:
Amount of Approved Change Orders:
Revised Conn�act Amount:
Less Liquidated Damages:
Less other Damages:
Total Conri•act Cost;
Less Previous Payxnents:
Final Payment Aue:
Recommended, Ch d B truff
Engineering Consultant, CDM Smith
Approved, Faiida Godeiya
Sr. Project Manager, Water Depa�•tment
$
$
$
$
$
$
$
$
�� �� �
Accepted, John Carman or Chiis Harder
Directo • cting Assist Director, Water Department
Assistant City Manager, Jay Ch
3,740,000.00
714,440.67
4,454,440.67
0.00
0.00
4,454,440.67
4,365,351.85
89,088.82
Number: 04
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Date
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Date
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Date � C���ICd�i� R��;���
� �1�'� SECRE'�'A��
l f��� �9V��T�84 �'�
�
Date
Date of Final Com letion Date of Wanan Stait �
July 29. 2016 p ������� October 1, 2015
QC� � 8 ��1� �' �" *. �"•,I..,� ! �
� ', ���/ �i - .. � . •
/ �
t,�t�a: � --�- .
25th day of
7/30/2019
PROJECT: Northside IV Elevated Storage Tank (ESl� and Pipeline PROJECT NUMBER
OWNER: City of Fort Worth (M&C C-26301, approved 6/4/2013) '00370
CONTRACTOR: Landmark Structures (CSC 44606) 1395/MP
ENGINEER: CDM Smith 63234
PAYMENT PERIOD FROM: 10/26/2015 TO 3/25/2016 ESTIMATE NO.: 44606-23
SUMMARY OF PAYMENT ESTIMATE VALUES FROM ATTACHED TABULATIONS
Original ContractAmount �Q # _ �'2��"j l�Q $ 3,740,000.00
Approved Change Orders �r1 $ 714,440.67
Current Contract Amount ��U��CE 7t �i�-i�Ob�D "" 23 $ 4,454,440.67
Total Value of Original Contract Performed $ 3,740,000.00
(Attachment "A" consisting of 8 pages)
Extra Work on Approved Change Orders $ 714,440.67
(Attachment "B" consisting of 1 page)
Materials on Hand � � � r, , �1���_,_ $ _
(Attachment "C" consisti�'_ pages�--��
Total Value of Work to Date $ 4,454,440.67
Less Amount Retained at � N }0,. ; n %� �� (; ��� � � $ -
� ntr i
NetAmount Earned on Cont"racf --�--�—"`�u� Y�� $ 4,454,440.67
Less Amount of Previous Bifilings, �Z $ 4,365,351.85
, ��� OS�s•- — ----- --�
t, F � �. ___ _ .
BALANCE DUE THIS STATEMENT $ 89,088.82
Percentage of Contract Paid to Date ( p O�%
The undersigned Contractor certi�es that all work, including materials on hand, covered by this Periodical Payment has
been complefed and delivered and stored in accordance with the Contracf Documents, that al/ amounfs have been paid
by him for work, materials, and equipmenf for which previous Periodical Payments were issued and received from the
Owner, and that the currenf payment shown herein is now due.
Landmark Structures ��ss5 Harmo� Ra, For� ���,J / i-
Contractor: wortn rexas, �s���� By -- -
Date: 3/25/2016
Subscribed and sworn to before me this
Notary Public: �
My Commission expires:
Recommended for Payment by
CDM Smith
�� //'ib/(o
By �
Date
Approved for Payment by
City of Fort Worth
BY (u ��I
Farida Goderya, PE ate
FS� 1�'�U��� �� I�3I��
PAYMENT REQUEST
March , 2016
ESTH:R HERNANDEZ-SEVIER
'`J•`N� = f�lolary PUbI1C, S1pIB Of Tzxa>
� :::.?" ... = My Commission Expires
Reviewed for Payi
City of Fort Worth
By � �k< H:��
� Mike Hill
/
Z.o � 10
� °� ��� \�
WATER DEPARTMENT
\
4 ��
v c�- �-- �—
_ �.ti� � C.v � �•� � �► �: 3.,. Cs. Zt � -�,. . , .
pEPARTMENT CHECK P[CK-UP YES Q
ATTACHMENT "D"
PROJECT SUMMARY
PROJECT: Northside IV Elevated Storage Tank (EST) and Pipeline PROJECT NUMBER
OWNER: City of Fort Worth (M&C C-26301, approved 6/4/2013) '00370
CONTRACTOR: Landmark Structures (CSC 44606) 1395/MP
ENGINEER: CDM Smith 63234 �;
PAYMENT PERIOD FROM: 10/26/2015 TO 3/25/2016 ESTIMATE NO.: 44606-23 �'"
CONTRACT TIME SUMMARY
Date of Notice to Proceed
Original Contract Duration
Original Date of Contract Substantial Completion
Original Date of Contract Final Completion
Approved Time Extensions
Current Contract Duration
Current Date of Contract Substantial Completion
Current Date of Contract Final Completion
Days Charged to Project to Date
Days Remaining in Contract
Percent of Current Project Duration
Current Scheduled Completion Date
Project is (Ahead/Behind) Schedule
CONTRACT COST SUMMARY
Original Contract Amount
Approved Change Orders
Current Contract Amount
Contract Earnings to Date on Original Contract
Earnings on Approve Change Orders
Materials on Hand
Total Current Project Amount Earned
Percent of Contract Earned to Date
Retainage
Amount Paid to Date
Percent of Contract Paid to Date
7/2/2013
480
10/25/2014
11 /24/2014
133
613
Days
Days
Days
613 Days
0 Days
100.00%
2/22/2015
On Schedule
$ 3,740,000.00
$ 714,440.67
$ 4,454,440.67
$ 3,740,000.00
$ 714,440.67
$ -
$ 4,454,440.67
100.00%
$ 89,088.82
$ 4,344,233.84
i 00'` —��3%
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TRANSMITTAL LETTER
TO:
CDM Smith
100 Throckmorton Street
Suite 600
Fort Worth, TX 76102
WE ARE SENDING YOU THE ATTACHED ITEMS:
Copies Date No.
oate 03/25/16I�ob. No. 1395/MP
Attn:
Brian Williams, PE
Re:
Northside IV 1.0 MG Elevated
Storage Tank (EST) and Pipeline
City of Fort Worth, TX
1 03/25/16 Contractor's Application for Payment and Progress Billing
0
Billing No. 23
Forthe Period Ending 03/25/16
Conditional Waiver and Release on Progress Payment
email:KholeSH@cdmsmith.com; BartruffCD@cdmsmith.com
Mike.Hill@fortworthtexas.gov, farida.goderya@fortworthtexas.gov,
"' Hard Copy of Billing and Conditional Waiver Required *'"
THESE ARE BEING TRANSMITTED:
X For approval _ Approved as submitted Resubmit copies for approval
For your use _ Approved as noted Submit copies for distribution
As requested _ Retumed for corrections Return corrected prints
For review and comment
REMARKS:
If you have any questions or comments regarding this Application for Payment, please contact
Rayetta Bramlett in Accounting at 817/439-8888, extension 1313.
/ /
Signed i�����,T� <_ -
Marshall Peterson
CONTRA.CTOR'S AF�'IDA'VZT O�' BTLI.S PAID
STATE OF Texas
COUNT'i' OF Tari•ant
Personaily, before me the undersigned authority, on this day appeared W�Iliam Fields
, who being duly sworn, on oath, says that he is a legal �•epz•esantative
o;� Landmark Structures I, LP o f Tarrant County TX , that the work
for the design and constt•uction of the project designated as ]Vorthside IV Elevated Storage
Tanlc and Pineline. Construction has been satisfactorily completed; and that all bills for
materials, supplies, apparatus, fixtures, maclunery, and labor used in connection with the
constcuction o£this project have been fully paid.
This �davit is made for tlxe purpose of obtaining payment from C�fy of For� Worth, Texas
on above construction work.
�
(Sia ed)
This instrument was acknowiedged before zne on June 13, 2016
bY ��ti�7 yL(� l� Gl � r �S o !Z, , on (date) �j �� �
. ,
Notary Publi nd for the State of Texas
S�Y
• -�
,,�: � Tiffini Davidson
� i {y My Commission Expires
y`���.,�1}P, 12/23/2018
�'Qf'�`.
Release of Liens
FROM:
Contractor's Name Landmark 5tructures I, �.P.
Address 1665 Harmon Road, Fort Worth Texas 76177
TO:
Owner's Name City of Fort Worth
Address 100 Thrackmorton Street, Suite 600, Forh Workh, TX 76102
DATE oF CONTRACT: June 4, 2013
Upon receipt of final payment and in consideration of that amount, the undersigned does
hereby release the Owner and its agents from any and all claims arising under or by virtue ofthis this
Contract or modification thereof occurring from the undersigned's performance in connection with
the Norfihside IV Elevated Storage Tank and Pipeline
project.
�
Co tractor's Signature
�://��,,., �%elrls G��='4-� G�'
Printed Name & Title
5ubscribed and sworn to before me this %�� day of ��,(,�,r� , 2� 0 i�
(/ � � .. %
1
Nofia ublic
My Commission Expires:
1..�/23���/ 8
vw�r��w�^�
,��Y_�
,�o: `�� Tiffini Davidson
a My Commissior� Expires
q�.��}� 12I23/2Q18
�ONSENT OF SURETY T'O FBNAL P�4YMEfVT
TO OWNER:
City of Fort Worth
1000 Throckmorton Street
Foi�t Worth, TX 76102
Signature of
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
Fidelity and Deposit Company of Maryland
3910 Keswick Road
Baltimore, MD 21211
on bond of
Landmarlc Structures I, L.P.
1665 Harmon Road
Fort Worth, TX 76177
OWNER ❑
ARCHITECT ❑
CONTRACTOR ❑
SURETY ❑
OTHER ❑
CONTRACT FOR:
Northside IV EST and Pipeline
City Project #00370
,SURETY,
, CONTR.ACTOR,
hereby approves the final payment to the Contcactoc•, and agrees that final payment to the Contractoc shall not
relieve the Surety of any of its obligations to
City of Fort Worth
1000 Throcl<morton Street
Fort Woirth, T'X 76102
O WNER,
as set forth in said Surety's bond.
�
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date O day of i�t , 20� �P.
(Sea!)
ve
Robyn Rost, Attorney—In—Fact
Printed name and title
ZCiRICTi AM�RICAN INSLJRANCE COMPANX
COLONIAY. AMERICAN CASUALTY AND SURETX COMPANY
FZDELITY AND DEPQSTT COMPANY Ok' MA.RYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESEN'I'S: That the ZtIRICH AMERICAN TNSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERTCAN CASUALTY ANA SURETY COMPANY, a corporarion of the State of Maryland, and the FIDELi`I'Y'
AND DEPOSIT COMPANY OF MARYLANb a corporation of the State of Maryland (herein collectively called the "Companies"), by
MTCHA�I, BOND, Vice President, in pursuance of authority granted by tlrticle V, Section 8, of the By-Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Robyn ROST, Anthony GRTECO, �taymond GTL, and William F. MARONEY, all of Madison, New Jersey,
EACH its hue and lawful agent and Attorney-in-Pact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and
deed: any and atl bonds and undertalungs, and the execution of such bonds or undertakings in pursuance of these presents, shall be as
binding upon said Companies, as fully and amply, to all intents and purposes, as i£ they had been duly axecuted and acknowledged by the
regularly elected officers of the ZUR.TCH AMERTCAN INSCTRANCB COMPANY at its office in New Yozk, New York, the regularly
elected officers of the COLONTAT. AMERICAN CASUAi.`Z'Y AND SURET'Y COMPANY at its office in Owings Mills, Maryland., and the
regularly elected officers of the FTDELIT'Y AND DEPOSIT COMPANY OP MA.RYLAND at its office in Owings Mills, Maryland., in their
own properpersons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By-Lzws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURTCH AM�RTCAN INSURANCE COMPANY, COLONTAL AMERICAN CASTJALT'Y AND SiJRETY COMPANi', and
FIDELTTY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of November, A.b. 2015.
AT'I'ES'i':
ZTJitTCH AMERTCAN TNSTJRAIVCE COMPANY
COLONTAT, AMERICAN CASUAT.'I'X AND SZR2�."I'X COMPAIVY
�IDELZTY ANA DEPOSIT COMPANX OF MARXLAND
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�
Secreta�y
Eric .1�. .8arnes
i
Yice President
MichaelBond
Sfate of Maryland
County of Baltimore
On this 2nd day of November, A.D. 20] 5, before the subscnber, a Notary Public of the State of Maryland, duly commissioned and qualified, MiCHAEL
BONA, Vice President, and ERIC D. BA.RNES, Secretary, of the Companies, to me personally known to be the individuals and officers describeci in and
who executed the preceding inshument, and acimo�vledged the execution o£ same, and heing by me duly sworn, deposeth and saith, that helshe is the said
officer of the Company a£oresaid, and that the seals affixed to the preceding inshument are the Cozporate Seals of said Companies, and that the said Corporate
Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction o£the said Corporations.
IN TESTIMONI' WI-IEREOP,1 have hereunto set my hand and affixeci my Official Seal the day and year fust above written.
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Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
POA-F 093-2420D
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OS� MAltl'LANA
600 Red B��ook Blvd,, Suite 600, Owings IvZills, NID 21117
Stafement of x+'inaz�cial Condiiion
As Of December 3], 2015
A�S�TS
�o�xds .............................................................................................................................................. g 142,878,497
Stocks................................................ . ........................................................................................... 22,315,09G
Cash and SUort Tea�in Snvestuients .................................................................................................... 337,835
Re�nsttrance Recoverable ................................................................................................................. 24,731,651
Otl�ez� Accounts Recezvab�e .............................................................................................................. 19,935,844
TOTALI�DMITTEl�ASSETS .............................................�,....,..,..........._..................,....,........,... $ 210,198,923
LIA.BZI,���, SiJRPT�Y7S AN�D OTHER �'TJNb�
�t.eseive for Ta.�es and��penses ...................................................................................................... $
Ceded Reinstuanae Px'emztuns Payable ............................................................................................
Secmxties Lending Collatexal Liability ............................................................................................
TaT�LrABrx.z�t�s .................................................................................................................... $
CapitalStock,S'aidi7p ........................................................................................ $ 5,000,000
Smplus........................................................................... .................................... 164,b96,178
Surplus as z•egards Policylzoldex�s ......................................................................................................
�16,�36
�0,456,349
0
40,502,745
169,69b,17S
To7'Az. ....................................................................................................................................... $ 210,7.98,923
Secutities carried at $57,996,983 in the above stateuient at'e deposited with va�•ious staees as reguired by Iaw,
Secwxt�es carried on the basis prescribed by tiie National Association of Tnsnrance Commissioners. On the Uasis o�
marlcet quotations foz all bonds and stocl�.s o�t+ned, the Company's total admitted assefs at I�ecember 31, 2015 would
be $212,137,795 and surph�s as regards policylaolders $171,635,049.
I, DENNIS �', I�EZtRiGAN, Corporate Seci'eta�y of tlle �'IDELTTY AND DBPOSIT COMPANI' O� Mt1RY.(.A�1D, do �ereby
ce�tify that the £oi•egoing statement is a coixect e�ibit of the assets and liabilities of ilie said Company on tlae 31st
das� of Decambez•, 2015.
�
Co�porate Seeretary
State o�'�tIiz�ois
CityofSc�taumbw•g � SS:
Subscribed and ssyorn to, before me, a Notary PuU[ic of tite Stata o£lllinois, in the City of Hchaumburg, U�is 15th d�y o�March, 201b.
DqRRYt, JO1PlEt?
OFFICIAL SEAL
�lolary Puolic - Slale o( IllinoV,
My Coihmisslon Cxpifos
�obroaty 24,2010 �
r 1 tC��� .•'N�_
Nola7g� PttbTic
-
LANDMARK STRUCTURES I LP
POLICY NUMBER: CPL742047801
B. CLAIM means a monetary demand or notice, or assertion of a legal right alleging liability or responsibility
on the part of any INSURED and includes a lawsuit, petition, or governmental or regulatory action
commenced against any INSURED.
CLAIM does not include any of the foregoing arising out of an act, error or omission in PROF'ESSIONA�
SERVICES or a POLLUTION CONDITION reported under a prior policy issued by the Company or any
entity affiliated with the Company.
C. CLIEfVT means the person or organization that directly hires the NAMED INSURED, by written contract
signed by the NAMED INSURED, to render CONTRACTING SERVICES and for whom the NAMED
INSURED renders such services.
D. CONTRACTING SERVICES means those activities listed in Item (6) of the Declarations that are rendered
by or on behalf of the NAMED INSURED.
E. EMERGENCY REMEDIATION EXPENSE means reasonable and necessary REMEDIATION EXPENSE
incurred on an emergency basis at a JOB SITE to address a POLLUTION CONDITION resulting from the
rendering or failure to render CONTRACTING SEF2VICES, which the Company deems reasonable and
necessary to mitigate the immediate effects of the POLLUTION CONDITION.
EXTENDED REPORTING PERIOD means the Automatic Extended Reporting Period or, where applicable,
the Optional Extended Reporting Period, as set forth in Section V. Extended Reportinq Period.
G. INSURED means each of the following:
Any NAMED INSURED, and any current or former director, partner, member, executive officer,
employee or LEASED WORKER of the NAMED INSURED, but solely while acting within the
course and scope of his/her duties as such.
With regard to Coverage 8.1. JOB SITE, Coverage B.4.TRANSPORTATION, and Coverage 8.5.
NON-OWNED DISPOSAL SITE only, as set forth in Section I. Insurinq Aqreements, the CLIENT,
but only:
if the NAMED INSURED is required to include the CLIENT as an additional INSURED in a
written contract in effect during the POLICY PERIOD and signed by the NAMED INSURED
prior to the firsi commencemenf of the POLLUTION CONDITION; and
b. with respect to the CLIENT's vicarious liability resulting from the NAMED INSURED's
CONTRACTING SERVICES.
Any insurance afforded to the CLIENT under the terms and conditions of this Policy, will be limited
to the lesser of the amount of the limits of liability required by such written contract and the Limits of
�iability under this Policy. In no event will the Company be liable for any amounts in excess of the
Limits of Liability shown in Item (3) and Item (4) of the Declarations.
3. In the event of the INSURED's bankruptcy, the trustees of the INSURED and in the event of the
INSURED's death or incapacity, the INSURED's legal representatives or executors, but only with
respect to each such trustee's, representative's or executor's vicarious liability resulting from the
NAMED INSURED's PROFESSIONAL SERVICES or CONTRACTING SERVICES.
H. INSURED CONTRACT means that part of any written cantract or written agreement under which the
NAMED INSURED assumes the Tort Liability of another party to pay compensatory damages for BODILY
INJURY or PROPERTY DAMAGE, to a third person or organization, provided #hat such written contract or
written agreement is signed by the NAMED INSURED prior to the BODILY INJURY or PROPERTY
DAMAGE. Tort Liability means a liability that would be imposed by law in the absence of any contract or
agreement.
PCPcmCP 0509 Page 4
O, 2009, XL America, Inc.
JOB SITE means the location where CONTRACTING SERVICES are being rendered,
JOB SITE does not include any location that is owned, rented, leased, used, or occupied by any INSURED
except for: (i) a location owned, rented, leased, or occupied by the CLIENT; or (ii) a location that is rented,
leased, or occupied (but not owned) by the NAMED INSURED and is used on a temporary basis by the
INSURED for a single project only, during the course of providing CONTRACTING SERVICES for such
single projecfi.
JOB SITE also does not include a NON-OWNED DISPOSAL SITE or a NAMED INSURED'S LoCATION.
LEASED WORKER means a person leased to the INSURED, by a labor leasing firm under an agreement
between the INSURED and the labor leasing firm, to perform duties related to the conduct of the
INSURED's business.
K. LEGAL EXPENSE means legal costs, charges and expenses incurred in the investigation or defense of a
CLAIM arising from PROFESSIONAL SERV(CES or CONTRACTING SERV(CES, provided such costs,
charges and expenses are authorized by the Company.
LEGAL EXPENSE does not include the time and expense incurred by the INSURED in assisting in the
investigation or resolution of a CLAIM including, but not limited to, the costs of fhe INSURED's in-house
counsel, salary charges of regular employees or officials of the INSURED and fees and expenses of
counsel retained by fhe INSURED.
LEGAL EXPENSE also does not include salary charges of employees of the Company.
LEGAL EXPENSE does not apply to Coverage A.2. MITIGATfON EXPENSE and Coverage 8,2.
EMERGENCY REMEDIATION EXPENSE, as set forth in Section I. Insurinq Aqreements.
L. LOW-LEVEL RADIOACTIVE WASTE AND MATERIAL means:
Waste as defined in Title 10 Code of Federai Regulations, Part 61.2; and/or
2. material regulated by the United States Nuciear Regulatory Commission or an Agreement State
under a Type A, B or C Specific License of Broad Scope as defined in Title 10 Code of Federal
Regulations, Part 33.11.
M. MITIGATION EXPENSE means costs and expenses that the Company deems reasonable and necessary
to prevent further harm, injury or damage to persons or tangible property and fo reduce the cost of the
INSURED's potential liability to a person or organization other than an INSURED resulting from an act,
error or omission in PROFESSIONAL SERV(CES by the INSURED.
MITIGATION EXPENSE does not inciude: (i) costs and expenses incurred by the INSURED to redo,
change, supplement or fix the INSURED's work or services, including redesign; or (ii) any of the
INSURED's overhead, mark-up or profit.
N. MOLD MATTER means mold, mildew or any type or form of fungus, including mycotoxins, spores or by-
products produced or released by fungi.
O. NAMED INSURED means the person or entity listed in Item (� ) of fhe Declarations and any other person or
entity designated as a NAMED INSURED by endorsement to this Policy.
P. NAMED INSURED'S LOCATION means a location owned, rented or leased, if any, by the NAMED
1NSURED, provided that such location is listed in the Named Insured's L.ocation Schedule endorsed onto
this Policy.
The NAMED INSURED'S LOCATION does not include a JOB SITE or NON-OWNED DISPOSAL SITE.
PCPcmCP 0509 Page 5
OO, 2009, XL America, Inc.
L.. Severability -- Except wifh respect to the Limits of Liability and the Self-Insured Retention Amount, and
any rights or duties specifically assigned in this Policy to the NAMED INSURED listed in Item (1) of the
Declarations, this insurance applies: (i) as if each NAMED INSURED were the only NAMED INSURED;
and (ii) separately to each INSURED against whom a CLAIM is made.
M. Sole Agent -- The NAMED INSURED listed in Item (1) of the Declarations wiil act on behalf of all
INSURED(s) for the payment or return of premium, receipt and acceptance of any endorsement issued to
form a part of fhis Policy, giving and receiving notice of cancellation or non-renewal and the exercise of fhe
rights provided in Section V. Extended Reportinq Period, B. Optional Extended Reporting Period.
N. Subrogation -- In the event of any payment under this Policy, the Company will be subrogated to ail of the
INSURED's rights of recovery against any person or organization and the fNSURED will execute and
deliver instruments and papers and do whatever else is necessary to secure such rights. The INSURED
wili do nothing at any time to prejudice the Company's subrogation rights.
However, the ,Company waives its right(s) of recovery against any person or organization if and to the
extent the NAMED INSURED has agreed io waive its right(s) of recovery against such person or
organization in a written contract signed by the NAMED INSURED prior to: (i) the act, error or omission in
PROFESSIONAL SERVICES out of which khe CLAIM or request for MITIGATION EXPENSE arises under
Section I. Insurino Aqreements, A. Coverage A-Professional Liability; or (ii) the first commencement of a
POLLUTION CONDITION out of which the CLAIM or request for EMERGENCY REMEDIATION EXPENSE
arises under Section I. Insurinq Aqreements, B. Coverage B— Contractor's Poliution Legal Liability.
PCPcmCP 0509 Page 22
O, 2009, XL America, Inc.
� CDM
Sm�th
100 Throckmorton Street, Suite 600
Fort Worth, TX 76102
tel: 817 332-8727
fax: 817 820-0450
October q., Zoi6
Ms. Farida Goderya, PhD, PE
Fort Worth Water Department
i000 Throcicmorton Street
Fort Worth, Texas �6ioa
Subject: Northside IV Elevated Storage Tanlc and Pipeline (City Project No. 003�0)
Final Acceptance Recommendation and Final Payment Request
Dear Ms. Goderya:
Enclosed you will find the following documentation regarding final completion of the above
referenced project and the associated request for final payment from Landmarlc Structures.
■ City of Fort Worth Notice of Project Completion (Green Sheet)
■ Contractor's Final Payznent Request No. 23 (PR-a3)
■ Contracfior's Affidavit of Bills Paid
■ Contractor's Affidavit for Release of Liens
■ Consent of Surety to Final Payment
■ Contractor's Certificate of Liability Insurance
In addition to the above documents, enclosed are three copies (paper) of the final operation and
maintenance manual, complete with the final warranty statement for the project. Landmarlc has
the final electronic copies also, and these are being submitted. As previously discussed, due to the
time for Landmark Structures completion of specific project close-out requirements, a warranty (2-
year) start day of October i, zoi5 was agreed to by all parties. As such, the i-year inspection of the
tanlc, as defined in the warranry statement, is current and should be scheduled and coordinated by
the City with Landmarlc Structures.
Final project inspection was completed by the City with consultation as needed by CDM Smith. As
such, it is recommended that final payment be processed and the project designated as complete.
CDM Smith would lilce to request a fully executed copy of the enclosed final completion
documentation. Please advise when the final document is uploaded to Buzzsaw for download.
i,i
WATER + ENVIRONMENT +TRANSPORTATION + ENERGY+ FACILITIES
CDM
sm�th
Farida Goderya, PhD, PE
October 4, aoi6
Page a
Please let me lcnow if you have any questions regarding this request.
Very truly yours,
Chad Bartruff, PE
Project Manager
CDM Smith Inc. (TX - F3�43)
cc: Danny Shannon (CDM Smith) - w/o encl
Deb Miller (CDM Smith) - w/o encl
File: 103999'oi.oq..Zo
63234-Final Acceptance Recommendation Ltr_20161003.docz