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HomeMy WebLinkAboutContract 50168-FP2 City Secretary 50168 -FP2 Contract No. FORTWORTH. Date Received Nov 16,2021 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: SEWER IMPROVEMENTS TO SERVE MEDEXPRESS City Project No.: 101056 Improvement Type(s): ❑x Paving ❑ Drainage ❑ Street Lights ❑ Traffic Signals Original Contract Price: $3,300.12 Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Com fete: $3,300.12 Note: City Staff made several attempts to contact the contractor with no response and we were unable to obtain a signature and affidavit from the contractor for this project.We were advised to annotate this on the cover sheet. (VT 11-12-21) Contractor Date Title Company Name Nov 15,2021 Project Inspector Date (/ctoi-V.Tome"o�7;-.T.U. Nov 15,2021 Project Manager Date ""'z'�—�� Nov 15 2021 Evelyn RoVRs on behalf of(Nov 15,202116:5 CFA Manager Date Pau LA4�� Nov 15,2021 Dana Burghdoff(Nov 15,202 19:25 CST) Asst. City Manager Date OFFICIAL RECORD CITY SECRETARY Page 1 of 2 FT. WORTH, TX Notice of Project Completion Project Name: SEWER IMPROVEMENTS TO SERVE MEDEXPRESS City Project No.: 101056 City's Attachments Final Pay Estimate ❑x Change Order(s): ❑ Yes ❑x N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time: 42 CD Days Charged: 145 Work Start Date: 4/30/2018 Work Complete Date: 9/21/2018 Page 2 of 2 FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name SEWER IMPROVEMENTS TO SERVE MEDEXPRESS Contract Limits Project Type PAVING City Project Numbers 101056 DOE Number 1056 Estimate Number 1 Payment Number 1 For Period Ending 1/25/2019 CD City Secretary Contract Number Contract Time 40D Contract Date Days Charged to Date 145 Project Manager NA Contract is 100.00 Complete Contractor COMMERCIAL CONSTRUCTION CONSULTING I 59 DAMONTE RANCH PARKWAY RENO, NV 89521 Inspectors OWEN / MILLER Friday,January 25,2019 Page 1 of 4 City Project Numbers 101056 DOE Number 1056 Contract Name SEWER IMPROVEMENTS TO SERVE MEDEXPRESS Estimate Number I Contract Limits Payment Number I Project Type PAVING For Period Ending 1/25/2019 Project Funding PAVING Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 CONCRETE PAVEMENT REPAIR,RESIDENTIAL 44.5 SY $74.16 $3,300.12 44.5 $3,300.12 -------------------------------------- Sub-Total of Previous Unit $3,300,12 $3,300.12 Friday,January 25,2019 Page 2 of 4 City Project Numbers 101056 DOE Number 1056 Contract Name SEWER IMPROVEMENTS TO SERVE MEDEXPRESS Estimate Number 1 Contract Limits Payment Number 1 Project Type PAVING For Period Ending 1/25/2019 Project Funding Contract Information Summary Original Contract Amount $3,300.12 ChanLye Orders Total Contract Price $3,300.12 Total Cost of Work Completed $3,300.12 Less %Retained $0.00 Net Earned $3,300.12 Earned This Period $3,300.12 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 $3,300.12 Friday,January 25,2019 Page 3 of 4 City Project Numbers 101056 DOE Number 1056 Contract Name SEWER IMPROVEMENTS TO SERVE MEDEXPRESS Estimate Number I Contract Limits Payment Number I Project Type PAVING For Period Ending 1/25/2019 Project Funding Project Manager NA City Secretary Contract Number Inspectors OWEN / MILLER Contract Date Contractor COMMERCIAL CONSTRUCTION CONSULTING I Contract Time 42 CD 59 DAMONTE RANCH PARKWAY Days Charged to Date 145 CD RENO, NV 89521 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 $3,300.12 Less %Retained $0.00 Net Earned $3,300.12 Earned This Period $3,300.12 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 $3,300.12 Friday,January 25,2019 Page 4 of 4 Commercial Construction Consulting,Inc. Invoice 59 Damonte Ranch Parkway Suite S-$T7 Date Invoice# Reno,NV 89521 7119118 4017 Bill To Urgent Care MSO, LLC 1751 Earl Core road Morgantown, WV 26505 Due Date Project 7126118 Keller Texas Description Amount Application for Payment#5-FINAL Amount of Retainage 71,968.62 Phone# Fax# E-mail Total $71,9N.62 775/824-4999 7751996-4104 TSJPACKCAOL.COM W 0 r r � a r O m ....... (D O m Go L7 LD CO Cl) Cl] O C'} � C6 O ca m ? r ¢ N 11 IT 4f3 rn SO 63 a �f= 04 co d G3 Vi N NI N N Cb 9 p w U�] qrrtIt CD C9 Li � r 0 613, = 4) O ssCC [f3 6f3 EH 64 6H VJ r Y Z o x V U ' a o LLJ LU A Z m p) Y e 3 C7 .� U z ❑ 1 a o� ¢ ❑ ran '_ m m US? a0 ti a •- r 3 w L CD - N N c + V i ❑ ❑ C _L-0 Lf) W U ti d . .. 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(a to z _ z z is m N W (a W ❑ CJ Z Z3 N � Q m c� ❑ 0)m O J m 3: 'C [a a W < v F m w M 0 m OC OJ a) C;)'E6 Ea ¢ a rr`--� m o " CD N c n �MLOcpm [9 V f- 9 c r l'- r r r � � F 2 _ LLI o ; Q o < ❑ Q U Q p �fJ CO n m Cn 0 M r•7 U7 0 t• ca a [1! c 7 v U-7 [P Tl- a0 m C> tV ("7 u] (0 ❑ < Q U 2 co ro m C'7 C 1 rn � �' Ln U7 Sf) LO U7 U] in l.n 0 U') ID [fl (.C] (0 ED to (O W V � a r=- CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Property Name: MedExpress Property Location: 5700 N Tarrant Parkway, Keller, Texas Undersigned's Customer; Urgent Care MSO, LLC Invoice/Payment Application Number: 5 Payment Amount: _ $71,968.62 Payment Period: Final Amount of Disputed Claims: 0.00 Upon receipt by the undersigned of a check in the above-referenced Payment Amount payable to the undersigned, and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release and the undersigned shall be deemed to waive any notice of lien, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to payment rights that the undersigned has on the above-described Property to the fallowing extent: This release covers the final payment to the undersigned for all work, materials or equipment furnished by the undersigned to the Property or to the Undersigned's Customer and does not cover payment for Disputed Claims, if any. Before any recipient of this document relies on it, the recipient should verify evidence of payment to the undersigned. The undersigned warrants that he or she either has already paid or will use the money received from the final payment promptly to pay in full all laborers, subcontractors. materialmen and suppliers for all work, materials or equipment that are the subject of this waiver and release. Dated: 07/16/18 Commercial Construction Consulting, Inc. (Company Name) By: Its: President FORTWORTH. TRANSPORTATION AND PUBLIC WORKS October 20, 2021 Commercial Construction Consulting 59 Damonte Ranch Parkway Reno, NV 89521 RE: Acceptance Letter Project Name: Sewer Improvements to Serve Medexpress Project Type: Sanitary Sewer City Project No.: 101056 To Whom It May Concern: On September 24, 2018 a final inspection was made on the subject project. There were punch list items identified at that time. The punch list items were completed on January 17, 2019. The final inspection and the corrected punch list items indicate that the work meets the City of Fort Worth specifications and is therefore accepted by the City. The warranty period will start on January 17, 2019, which is the date of the punch list completion and will extend of two (2)years in accordance with the Contract Documents. If you have any questions concerning this letter of acceptance, please feel free to contact me at 817- 392-8574. Sincerely, Victor-V Toiwewo 7v T.6 Victor Tornero, Project Manager Cc:Thomas Miller, Inspector Mark Owen, Inspection Supervisor Edwin Rodriguez, Senior Inspector Mike Domenech, Program Manager CESO, Consultant Commercial Construction Consulting, Contractor Urgent Care MSO, Developer File E-Mail: Douglas W.Wiersig, P.E., PhD., Director,TPW Chris Harder, P.E., Assistant Director,Water Richard Martinez, Assistant Director,TPW Wendy Chi-Babulal, P.E., Water Marisa Conlin,Traffic Engineering Tony Sholola, P.E., Water Allen Hall, Superintendent,TPW Richard Zavala, Director, PARD John Robert Carman, P.E., Director, Water David Creek,Assistant Director, PARD Rev.9/15/16 Commercial Consultg, Inc. 12/17/2018 City of Fort Worth CFA Administration 1000 Throckmorton St. Fort Worth, TX 76102 RE: MedExpress 5700 N Tarrant Parkway Keller Texas DOE # City Project #101056 The purpose of this letter is to acknowledge that we have been paid in full by Urgent Care MSO, LLC for the public improvements constructed to serve Sewer Improvements for MedExpress at address listed above, in Fort Worth, Texas. As a result, we hereby waive, release and relinquish all rights to assert any claim or demand for lien in connection with this project. Please feel free to contact me with any questions you may have. Sincerely, Commercial Construction Consulting, Inc. Les Porter President 59 Damonte Ranch Parkway, Suite B-377 • Reno, Nevada 89521 Telephone (775)824-4999 • Fax (775)996-4104 CA 799776 • NV 0052678 SUBCONTRACTOR FINAL RELEASE AND WAIVER Urgent Care MSO, LLC("Owner") Commercial Construction Consulting, Inc ("Contractor") North Texas Contracting, Inc. (Subcontractor") KNOW ALL MEN BY THESE PRESENTS, that Subcontractor, for and in consideration of $22,432.80 representing full and final payment under its subcontract(s) with Commercial Construction Consulting, Inc ("Contractor") or any of Contractor's direct or indirect subcontractors (of any tier) to furnish certain labor, services, materials, equipment and/or work ("Subcontract(s)") in connection with the completion of and/or other work relating to the MedExpress - 5700 N Tarrant Parkway, Keller TX Project (together with all related facilities, installations and improvements and the property on which they are located, the "Project"), hereby on behalf of itself and its successors and assigns, and those acting by or through any of the foregoing: 1. unconditionally and irrevocably releases and forever discharges Owner and Contractor, all of their affiliates, and all of their respective shareholders, subsidiaries, members, partners, managers, trustees, directors, officers, agents, employees, representatives, sureties, insurers and invitees thereof, together with their successors and assigns (collectively, the "Released Parties"), of and from any and all indebtedness and claims of whatsoever nature and character, that Subcontractor has or may have against any of them, their successors or assigns, arising in any manner in connection with the labor, services, materials, equipment and/or work furnished by or through Subcontractor for the Work, the Project, or on account of performance under the Subcontract(s); 2. certifies to Owner and Contractor that, apart from the consideration recited above, Subcontractor has received payment under its Subcontract(s) on or before the date hereof in the aggregate amount of$ 0.00; 3. unconditionally and irrevocably waives, releases, remises, relinquishes and quit claims any and all liens, claims, pledges, mortgages, security interests, rights of retention, charges and/or encumbrances and/or claims of and/or rights to any of the foregoing with respect to the site of any of the Work or the Project, the Work or any other premises of any of the Released Parties in connection with or on account of the Work; 4. represents and warrants to Owner and Contractor that, except for payments listed below to be made to the subcontractor(s) listed below upon Subcontractor's receipt of final payment from Contractor or any other subcontractor relating to the Work, it has paid in full or has otherwise satisfied all obligations to any and all of its subcontractors of any tier in connection with or on account of the Work, any labor, services, materials, equipment and/or work furnished at or for the Project and/or the other premises of any of the Released Parties in connection with the Project: and 5. agrees to defend, indemnify and hold harmless the Released Parties from and against any losses, liabilities, fines, penalties, damages, costs and expenses (including attorneys' fees) arising out of claims of any and all of its subcontractors of any tier in connection with or on account of Work, labor, services, materials, equipment and/or work furnished at or for the Project and/or the other premises of any of the Released Parties in connection with the Project or any breach of any representation or warranty included herein or any false statement made in this Release and Waiver. 6. Subcontractor represents and warrants to Owner and Contractor that (a) Subcontractor has not assigned or pledged any rights or claims in any amount due or to become due from Contractor or any other subcontractor or supplier with respect to the Project; (b) no claims from subcontractors, vendors, mechanics or materialmen against the Released Parties have been submitted to Subcontractor with respect to the Project or remain unsatisfied as of the date hereof; (c) no mechanics' or materialmen's liens have been filed by Subcontractor or any of its subcontractors with respect to the Project that have not been fully discharged and removed; (d) payment of all amounts has been made when due or will be made when due, as applicable, to all consultants, employees, subcontractors, laborers and material suppliers, at all tiers, and all other entities, for all labor, services, materials and equipment furnished by or through Subcontractor for the Project, including, without limitation, all payroll taxes and contributions required to be made and all wages, overtime pay, premium pay, holiday pay, sick pay, personal leave pay, severance pay, fees, fringe benefits, commissions and reimbursable expenses required to be paid and all deductions for dues, fees or contributions required to be made in connection with all collective bargaining agreements in existence, if any, which affect any worker(s) providing services for the Project; and (e) all contracts with consultants and subcontractors employed, used or engaged by Subcontractor in connection with the Project have been completed or have been terminated; and 7, acknowledges and agrees that (a) Contractor and Owner are relying upon the representations and warranties made herein as a material inducement for Contractor or Owner to make payment to Subcontractor; (b) this Release and Waiver is freely and voluntarily given by Subcontractor, and Subcontractor has had the advice of counsel in connection herewith and is fully informed as to the legal effects of this Release and Waiver, and Subcontractor has voluntarily accepted the terms herein for the consideration recited above; and (c) the tendering of payment by Contractor or Owner and the receipt of payment and the execution of this Release and Waiver by Subcontractor shall not, in any manner whatsoever, release Subcontractor from (i) its continuing obligations under its Subcontract(s) with respect to the completion of any work at the Project that remains incomplete, including warranty work or guaranty work, or the correction of defective or non-conforming work; (ii) any contractual, statutory or common law obligations of Subcontractor with respect to the Released Parties; or (iii) any other obligations of Subcontractor with respect to the Released Parties. IN WITNESS WHEREOF, Subcontractor has duly executed this Release and Waiver on the date set forth below. Subcontractor: North Texas Contracfnq, Inc. By. ..� Title: P Date: Sworn and subscribed to before me this day of 5EPr. 2v/8. �t��Y N+M til��,,i Notary Pu li ' Of CONTRACTOR FINAL RELEASE AND WAIVER Urgent Care K8SC\LLC(^Owner") Commercial Construction Consulting, Inc. ("Contractor") Reference is hereby made to the Agreement dated 8/7/17 ("Agreennmnt") for the Tarrant Parkway, Keller, TX Project ("P jeoC>. Capitalized bamnn used but not defined herein shall have the respective meanings assigned UheratointhoAgreemenL KNOW ALL MEN BY THESE PRESENTS, that Contnactor, for and in consideration of representing full and final payment under the Agreement hereby on behalf of itself and its successors and assigns, and those acting byor through any of the foregoing: 1 unconditionally and irrevocably releases and forever discharges {}wnar, all of its afhUatee, and all of their respective ahaneho|dena, subaidiorieo, membem, pmrtnene, munegena, truataee, dinentorn, offimars, agentn, ennp|oye*o, nepreeentadwem, supeUoe, insurers and invitees thereof, together with their successors and assigns (collectively, the "Released Podies"), of and from any and all indebtedness and liens of whatsoever nature and character, that Contractor has or may have against any of them, their successors or assigns, arising in any manner in connection with the Work, the Project or on account nfperformance under the Agreement; ~ . 2. certifies to Owner that, apart from the consideration recited above. Contractor has received payment under the Agreement on or before the date hereof in the aggregate amount of 3. unconditionally and irrevocably waives, neleaoeo, remioea, relinquishes and quit claims any and all liens and/or claims ofand/or rights to any liens with respect to the Project, the Work, or any other premises of any ofthe Released Parties in connection with oron account nfWork, equipment, nnatnrio|o furnished by [)wner, if any, Contractor's equipment and/or materials furnished otor for such Project, VVorhorpnsmiaesundertheAoneennent; 4. napnamnnty and warrants to Owner that, except for payments listed below to be made to the subcontractor(s) listed below upon Contractor's receipt of final payment na|oUng to final acceptance (if none, write "None"), it has paid in full or has otherwise satisfied all obligations to any and all subcontractors of any tier in connection with or on account of the VVorh, oquipment, and materials furnished ato,for the Project, and/or the other premises of any of the Released Parties under the Agreement: .� and 5. agrees to defend, indemnify and hold harmless the Released Parties from and against any |oonos, costs and expenses (including attorneys' fees) arising out of doinna of any and all subcontractors of any tier in connection with or on account of Work, equipment, Contractor's equipment, material provided by the Owner, if any, and nnobario|s furnished at or for the Project, the Work and/or the other premises of any of the Released Parties under the Agreement or any breach of any representation or warranty included herein or any false statement made in this Release and Waiver. W. Contractor warrants and represents to Owner that (e) Contractor has not assigned or pledged any rights or claims in any amount due or to become due from Owner; (b) no claims from aubcontrautona, vendono, mechanics or moteha|men against the Released Parties have been submitted to Contractor with respect to the Work or nannoin unsatisfied as of the date hereof; (c) no mechanics' or materialmen's liens have been filed by Contractor or any of its subcontractors with respect to the Work that have not been fully discharged and removed in accordance with the Agreement; (d) payment of all amounts due has been made when due or will be made when due, as applicable, to all consultants, employees, subcontractors, laborers and material suppliers, at all tiers, and all other entities, for all labor, services, materials and equipment furnished by or through Contractor for the Work, including, without limitation, all payroll taxes and contributions required to be made and all wages, overtime pay, premium pay, holiday pay, sick pay, personal leave pay, severance pay, fees, fringe benefits, commissions and reimbursable expenses required to be paid and all deductions for dues, fees or contributions required to be made in connection with all collective bargaining agreements in existence, if any, which affect any worker(s) providing services for the Work performed under the Agreement; and (e) all contracts with consultants and subcontractors employed, used or engaged by Contractor in connection with the Work have been completed or have been terminated. 7. Contractor acknowledges and agrees that (a) Owner is relying upon the representations and warranties made herein as a material inducement for Owner to make payment to Contractor; (b) this Release and Waiver is freely and voluntarily given by Contractor, and Contractor has had the advice of counsel in connection herewith and is fully informed as to the legal effects of this Release and Waiver, and Contractor has voluntarily accepted the terms herein for the consideration recited above; and (c) the tendering of payment by Owner and the receipt of payment and the execution of this Release and Waiver by Contractor shall not, in any manner whatsoever, release Contractor from (i) its continuing obligations under the Agreement with respect to the completion of any work at the Project that remains incomplete, including warranty work, or the correction of defective or non-conforming work; (ii) any contractual, statutory or common law obligations of Contractor with respect to the Released Parties; or (iii) any other obligations of Contractor with respect to the Released Parties. IN WITNESS WHEREOF, Contractor has duly executed this Release and Waiver on the date set forth below. Contractor: Commercial Construction Consulting, Inc By: e: Tre T er Date: 1 /17/18 Sworn and pubscribed to before me this 1- h day of De«hc— ,2018. ERIC CHRISTLE NOTARY PUBLIC n / .EW ; STATE OF NEVADA APpt. No. 18-2707-2 Notary Public My AAPt.Expires June 25,2022 FORTWORTH. TRANSPORTATION AND PUBLIC WORKS October 20, 2021 Commercial Construction Consulting 59 Damonte Ranch Parkway Reno, NV 89521 RE: Acceptance Letter Project Name: Sewer Improvements to Serve Medexpress Project Type: Sanitary Sewer City Project No.: 101056 To Whom It May Concern: On September 24, 2018 a final inspection was made on the subject project. There were punch list items identified at that time. The punch list items were completed on January 17, 2019. The final inspection and the corrected punch list items indicate that the work meets the City of Fort Worth specifications and is therefore accepted by the City. The warranty period will start on January 17, 2019, which is the date of the punch list completion and will extend of two (2)years in accordance with the Contract Documents. If you have any questions concerning this letter of acceptance, please feel free to contact me at 817- 392-8574. Sincerely, Victor Tornero, Project Manager Cc:Thomas Miller, Inspector Mark Owen, Inspection Supervisor Edwin Rodriguez, Senior Inspector Mike Domenech, Program Manager CESO, Consultant Commercial Construction Consulting, Contractor Urgent Care MSO, Developer File E-Mail: Douglas W.Wiersig, P.E., PhD., Director,TPW Chris Harder, P.E., Assistant Director,Water Richard Martinez, Assistant Director,TPW Wendy Chi-Babulal, P.E., Water Marisa Conlin,Traffic Engineering Tony Sholola, P.E., Water Allen Hall, Superintendent,TPW Richard Zavala, Director, PARD John Robert Carman, P.E., Director, Water David Creek,Assistant Director, PARD Rev.9/15/16