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Contract 57694-FP1
-FP1 City Secretary 57694 Contract No. FORT WORTH. Date Received 01/08/2024 AT 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: Chisholm Trail Ranch, Northbound Brewer Blvd From McPherson Blvd to Risinger Blvd City Project No.: 103435 Improvement Type(s): x❑ Paving (Original Contract Price= Paving IDriginal Contract Prue- Storm Drain (Original Contract Price: Street Lights Change Order 1 (Change Order 2 (Change order 3 Change Order 4 Revised Contract Amount (Total Cast of Work Complete a�— Contractor Vice president Title McClendon Construction Co. Inc. Company Name Puri n (Jan S. 202412:58 CST) Pr[ojjec///t��� Inspector ,7¢0062 L�LC.e/GZCYIIL Project Manager A"r CFA Manager Lauren Pneur (Jan 8, 202415:07 CST) TPW Director William Johnson (J 9. 202410:25 CST) Asst. City Manager ❑x Drainage x❑ Street Lights ❑ Traffic Signals Developer Cost -rty Cost - 2014 Total Bond Program $ 1,446,223.64 $ 218,143.85 $ 1,664,367.49 $ 1,444,041_00 $ 68,223.00 $ 1,512,264.00 $ 77,160.40 $ 2,440.00 $ 79,600.40 $0.00 $ 217,173.44 $ 217,173.44 $ 49,413.00 $ 21,202.31 $ 70,615.31 $ (18,314-.40) $ 18,314.40 $0.00 $ (2,000.00) $ (2,000.00) ($4,000.00) $ 2,996,523.64 $ 543,497.00 $ 3,540,020.64 $ 2,996,523.64 S 543,497.00 $ 3,540,020.64 Jan 8, 2024 Date Jan 8, 2024 Date Jan 8, 2024 Date Jan 8, 2024 Date Jan 8, 2024 Date Jan 9, 2024 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 2 Notice of Project Completion Project Name: Chisholm Trail Ranch, Northbound Brewer Blvd From McPherson Blvd to Risinger Blvd City Project No.: 103435 City's Attachments Final Pay Estimate 0 Change Order(s): 0 Yes ❑ N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time 210 WD Days Charged: 210 Work Start Date: 9/26/2022 Work Complete Date: 9/27/2023 Completed number of Soil Lab Test: 414 Completed number of Water Test: 2 Page 2of2 FoRTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name CHISOLM TRAIL RANCH NORTH BOUND BREWER BLVD Contract Limits Project Type DRAINAGE, PAVING AND STREETLIGHT IMPROV City Project Numbers 103435 DOE Number 4350 Estimate Number 1 Payment Number 1 For Period Ending 9/27/2023 WD City Secretary Contract Number Contract Time 18WD Contract Date 4/15/2022 Days Charged to Date 210 Project Manager NA Contract is 100.00 Complete Contractor McCLENDON CONSTRUCTION COMPANY, INC. P.O. BOX 999 BURLESON , TX 76097 Inspectors M. GLOVER / B. PHILLIPS Thursday, December 14, 2023 Page 1 of 6 City Project Numbers 103435 Contract Name CHISOLM TRAIL RANCH NORTH BOUND BREWER BLVD Contract Limits Project Type DRAINAGE, PAVING AND STREETLIGHT IMPROVEMEN Project Funding UNIT 11: DRAINAGE IMPROVEMENTS Item Description of Items Estimated Unit No. Quanity 1 REMOVE 18" STORM LINE 60 LF 2 REMOVE 42" STORM LINE 45 LF 3 REMOVE HEADWALL/SET 1 EA 4 UNCLASSIFIED EXCAVATION BY PLAN 220 CY 5 BORROW BY PLAN 5200 CY 6 EMBANKMENT BY PLAN 220 CY 7 CONCRETE RIPRAP,DRY 54 SY 8 MEDIUM STONE RIPRAP, DRY 194 SY 9 TRENCH SAFETY (CO #2) 3985 LF 10 27" RCP, CLASS 111 14 LF 11 36" RCP, CLASS III 31 LF 12 6X5 BOX CULVERT (CO #2) 1205 LF 13 4' STORM JUNCTION BOX 5 EA 14 Y STORM JUNCTION BOX 4 EA 15 4' STACKED MANHOLE 3 EA 16 SET (TY 11) (24 IN) (RCP) (4: 1) (P) 1 EA 17 10'RECESSEDINLET 1 EA 18 15' RECESSED INLET 2 EA 19 20' RECESSED INLET 1 EA 20 5' DROP INLET 1 EA 21 WINGWALL (FW-0) (HW=8 FT) (CO #2) 0 EA 22 WINGWALL (FW-S) (HW=8FT) 1 EA 23 24" POLYPROPYLENE PIPE (CO #2) 1321 LF 24 36" POLYPROPYLENE PIPE 831 LF 25 48" POLYPROPYLENE PIPE 553 LF 26 REMOVE AND REST CHAINLINK FENCE 460 LF 27 6' X 5' BOX CULVERT - CAST IN PLACE (CO #2) 35 LF Sub -Total of Previous Unit DOE Number 4350 Estimate Number 1 Payment Number 1 For Period Ending 9/27/2023 Unit Cost Estimated Completed Completed Total Quanity Total $32.00 $1,920.00 60 $1,920.00 $37.00 $1,665.00 45 $1,665.00 $2,150.00 $2,150.00 1 $2,150.00 $9.00 $1,980.00 220 $1,980.00 $24.50 $127,400.00 5200 $127,400.00 $8.00 $1,760.00 220 $1,760.00 $186.00 $10,044.00 54 $10,044.00 $115.00 $22,310.00 194 $22,310.00 $1.00 $3,985.00 3985 $3,985.00 $148.00 $2,072.00 14 $2,072.00 $200.00 $6,200.00 31 $6,200.00 $590.00 $710,950.00 1205 $710,950.00 $7,700.00 $38,500.00 5 $38,500.00 $9,500.00 $38,000.00 4 $38,000.00 $3,900.00 $11,700.00 3 $11,700.00 $2,650.00 $2,650.00 1 $2,650.00 $6,500.00 $6,500.00 1 $6,500.00 $9,850.00 $19,700.00 2 $19,700.00 $13,250.00 $13,250.00 1 $13,250.00 $8,450.00 $8,450.00 1 $8,450.00 $21,500.00 $0.00 0 $0.00 $22,000.00 $22,000.00 1 $22,000.00 $132.00 $174,372.00 1321 $174,372.00 $177.00 $147,087.00 831 $147,087.00 $244.00 $134,932.00 553 $134,932.00 $25.00 $11,500.00 460 $11,500.00 $1,160.00 $40,600.00 35 $40,600.00 $1,561,677.00 $1,561,677.00 Thursday, December 14, 2023 Page 2 of 6 City Project Numbers 103435 DOE Number 4350 Contract Name CHISOLM TRAIL RANCH NORTH BOUND BREWER BLVD Estimate Number I Contract Limits Payment Number 1 Project Type DRAINAGE, PAVING AND STREETLIGHT IMPROVEMEN For Period Ending 9/27/2023 Project Funding UNIT III: PAVING IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 CONSTRUCTION STAKING 1 LS $24,500.00 $24,500.00 1 $24,500.00 2 SWPPP > ACRE 1 LS $24,500.00 $24,500.00 1 $24,500.00 3 4" TOPSOIL IMPORT 7350 SY $3.00 $22,050.00 7350 $22,050.00 4 BLOCK SOD PLACEMENT 7350 SY $5.00 $36,750.00 7350 $36,750.00 5 SEEDING, HYDROMULCH 23900 SY $1.50 $35,850.00 23900 $35,850.00 6 TRAFFIC CONTROL 6 MO $3,350.00 $20,100.00 6 $20,100.00 7 REMOVE ASPHALT PVMT (CO #2) 731 SY $11.00 $8,041.00 731 $8,041.00 8 REMOVE CONC CURB & GUTTER (CO #2) 849 LF $9.00 $7,641.00 849 $7,641.00 9 6"-12" TREE REMOVAL 11 EA $900.00 $9,900.00 11 $9,900.00 10 UNCLASSIFIED EXCAVATION BY PLAN (CO 3910 CY $21.00 $82,110.00 3910 $82,110.00 #1) (CO #2) 11 BORROW BY PLAN 5803 CY $27.00 $156,681.00 5803 $156,681.00 12 EMBANKMENT BY PLAN (CO #1) 3208 CY $6.50 $20,852.00 3208 $20,852.00 13 CONCRETE RIPRAP (CO #1) 85 SY $125.00 $10,625.00 85 $10,625.00 14 CONC PVMT REPAIR, ARTERIAL/INDUSTRIAL 18 SY $200.00 $3,600.00 18 $3,600.00 15 HYDRATED LIME (CO #1) 300 TN $220.00 $66,000.00 300 $66,000.00 16 8" LIME TREATMENT (CO #1) 12537 SY $7.00 $87,759.00 12537 $87,759.00 17 11" CONC PVMT (CO 91) 11794 SY $80.00 $943,520.00 11794 $943,520.00 18 4" CONC SIDEWALK (CO #1) 31166 SF $6.50 $202,579.00 31166 $202,579.00 19 8" CONCRETE DRIVEWAY (CO #1) 4306 SF $10.00 $43,060.00 4306 $43,060.00 20 BARRIER FREE RAMP, TYPE P-1 (CO #1) 8 EA $2,500.00 $20,000.00 8 $20,000.00 21 6" CONC CURB AND GUTTER (CO #1) 428 LF $50.75 $21,721.00 428 $21,721.00 22 4" SLD PVMT MARKING HAS(W) (CO #1) 883 LF $1.14 $1,006.62 883 $1,006.62 23 4" BRK PVMT MARKING HAS (W) (CO #1) 1510 LF $1.12 $1,691.20 1510 $1,691.20 24 8" SLD PVMT MARKING HAS (W) (CO #1) 604 LF $2.00 $1,208.00 604 $1,208.00 25 LANE LEGEND ARROW (CO #1) 8 EA $118.00 $944.00 8 $944.00 26 LANE LEGEND ONLY (CO #1) 5 EA $128.00 $640.00 5 $640.00 27 REFL RAISED MARKER TY I-C (CO #1) 90 EA $5.88 $529.20 90 $529.20 28 REFL RAISED MARKER TY H-C-R (CO #1) 145 EA $5.28 $765.60 145 $765.60 29 REMOVE 4" PVMT MARKING (CO #2) 4618 LF $0.89 $4,110.02 4618 $4,110.02 30 REMOVE 8" PVMT MARKING (CO #1) 610 LF $1.10 $671.00 610 $671.00 Thursday, December 14, 2023 Page 3 of 6 City Project Numbers 103435 Contract Name CHISOLM TRAIL RANCH NORTH BOUND BREWER BLVD Contract Limits Project Type DRAINAGE, PAVING AND STREETLIGHT IMPROVEMEN Project Funding DOE Number 4350 Estimate Number 1 Payment Number 1 For Period Ending 9/27/2023 31 BARBED WIRE FENCE,METAL POST 160 LF $10.00 $1,600.00 160 $1,600.00 32 4" GATE, STEEL (CO #4) 0 EA $2,000.00 $0.00 0 $0.00 33 FURNISH/INSTAL ALUM SIGN GROUND 3 EA $495.00 $1,485.00 3 $1,485.00 MOUNT CITY STD. (CO #2) 34 REMOVE SIGN PANEL AND POST (CO #2) 4 EA $150.00 $600.00 4 $600.00 35 REMOVE SIGN PANEL 3 EA $25.00 $75.00 3 $75.00 36 12" CONC ,OW STRIP 77 LF $42.00 $3,234.00 77 $3,234.00 37 REMOVE FENCE (CO #1) 169 LF $5.00 $845.00 169 $845.00 38 REMOVE CONC PVMT (CO #1) 54 SY $30.00 $1,620.00 54 $1,620.00 39 24" SLD PVMT MARKING HAE (W) (CO #1) 12 LF $15.00 $180.00 12 $180.00 40 REMOVE 12" PVMT MARKING (CO #1) 195 LF $2.00 $390.00 195 $390.00 41 REMOVE RAISED MARKER (CO #1) 24 EA $1.00 $24.00 24 $24.00 42 PREFORMED THERMOPLASTIC CONTRACT 160 LF $21.00 $3,360.00 160 $3,360.00 MARKINGS 24" XWALK (CO #2) Sub -Total of Previous Unit $1,872,817.64 $1,872,817.64 UNIT IV STREET LIGHTING IMPROVMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 FURNISH/INSTAL CONDUIT -SCHEDULE 80 819 LF $24.00 $19,656.00 819 $19,656.00 PVC 2 INCH OPEN CUT 2 FURNISH/INSTALL CONDUIT -SCHEDULE 80 45 LF $58.00 $2,610.00 45 $2,610.00 PVC 2 INCH BORE 3 NO 2 INSULATED ELEC CONDR (CO #2) 0 LF $8.00 $0.00 0 $0.00 4 GROUND BOX TYPE B, W/APRON (CO #1) 9 EA $830.00 $7,470.00 9 $7,470.00 5 FURNSIH/INSTALL TYPE 33A ARM (CO #1) 14 EA $670.00 $9,380.00 14 $9,380.00 6 FURNISH/INSTAL LED LIGHTING FIXTURE (70 14 EA $550.00 $7,700.00 14 $7,700.00 WATT ATBO COBRA HEAD) (CO #1) 7 RDWY MUM FOUNDATION TY 3,5,6 AND 8 (CO 4 EA $2,350.00 $9,400.00 4 $9,400.00 #1) 8 RECONNECT CONDUCTOR 2 EA $160.00 $320.00 2 $320.00 9 RELOCATE STREET LIGHT POLE (CO #1) 4 EA $3,050.00 $12,200.00 4 $12,200.00 10 SALVAGE & INSTALL EXISTING CONDUCTOR 0 LF $0.60 $0.00 0 $0.00 (CO #2) (CO #3) 11 NO.2 INSULATED ALUMINUM ELEC CONDR 5660 LF $6.50 $36,790.00 5660 $36,790.00 (CO #2) Sub -Total of Previous Unit $105,526.00 $105,526.00 Thursday, December 14, 2023 Page 4 of 6 City Project Numbers 103435 Contract Name CHISOLM TRAIL RANCH NORTH BOUND BREWER BLVD Contract Limits Project Type DRAINAGE, PAVING AND STREETLIGHT IMPROVEMEN Project Funding Contract Information Summary Original Contract Amount Chanhe Orders Change Order Number 1 Change Order Number 2 Change Order Number 1 Change Order Number 2 Change Order Number 2 Change Order Number 3 Change Order Number 4 DOE Number 4350 Estimate Number 1 Payment Number 1 For Period Ending 9/27/2023 $3,256,231.89 $7,450.00 $49,413.00 $209,723.44 $2,726.71 $18,475.00 $0.00 ($4,000.00) Total Contract Price $3,540,020.64 Total Cost of Work Completed $3,540,020.64 Less % Retained $0.00 Net Earned $3,540,020.64 Earned This Period $3,540,020.64 Retainage This Period $0.00 Less Liquidated Damages Days @ / Day LessPavement Deficiency Less Penalty Less Previous Payment Plus Material on Hand Less 15% Balance Due This Payment $0.00 $0.00 $0.00 $0.00 $0.00 $3,540,020.64 Thursday, December 14, 2023 Page 5 of 6 City Project Numbers 103435 DOE Number 4350 Contract Name CHISOLM TRAIL RANCH NORTH BOUND BREWER BLVD Estimate Number I Contract Limits Payment Number 1 Project Type DRAINAGE, PAVING AND STREETLIGHT IMPROVEMEN For Period Ending 9/27/2023 Project Funding Project Manager NA City Secretary Contract Number Inspectors M. GLOVER / B. PHILLIPS Contract Date 4/15/2022 Contractor McCLENDON CONSTRUCTION COMPANY, INC. Contract Time 180 WD P.O. BOX 999 Days Charged to Date 210 WD BURLESON, TX 76097 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 $3,540,020.64 Less % Retained $0.00 Net Earned $3,540,020.64 Earned This Period $3,540,020.64 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 $3,540,020.64 Thursday, December 14, 2023 Page 6 of 6 PROJECT NAME: CONTRACT: CFA # CITY PROJECT # FID # FILE # INSPECTOR: PROJECT MANAGER: DEVELOPER -AWARDED -PROJECT CHANGE ORDER Water Drainage, Paving, & Street Light Improvements to Serve Chisolm Trail Ranch NORTH BOUND BREWER CHANGE CS 57694 ORDER No: CFA21-0119 CITY PARTICIPATION: Yes CSC No. 57694-CO1 103435 1 30114-0200431-103435-EO7685 X-26971. K-2845 Jesse Davis Phone No: 817-863-3705 Debbie Willhelm Phone No: 817-392-2481 CONTRACT UNIT I WATER I STORM I PAVING I STREET LIGHTS I SEWER Developer Cost City Cost Developer Cost City Cost I Developer Cost City Cost Developer Cost City Cost Developer Cost City Cost ORIGINAL CONTRACT $ 87,070.00 $ 56,640.00 $ 1,444,041.00 $ 68,223.001 $ 1,446,223.64 $ 218,143.85 $ 77,160.40 $ 2,440.00 $ - $ EXTRAS TO DATE $ - $ $ - $ - I $ $ - $ - CREDITS TO DATE $ - $ $ - $ - I $ - $ - $ - CONTRACTTODATE $ 87,070.00 $ 56,640.00 $ 1,444,041.00 $ 68,223.001 $ 1,446,223.64 $ 218,143.85 $ 77,160.40 $ 2,440.00 $ - $ AMOUNT OF PROP. CHANGE ORDER $ - $ M $ - $ - I $ - $ 209,723.44 $ - $ 7,450.00 $ - $ REVISED CONTRACT AMOUNT $ 87,070.00 $ 56,640.00 $ 1,444,041.00 $ 68,223.00I $ 1,446,223.64 1 $ 427,867.29 $ 77,160.40 $ 9,890.00 $ - $ TOTAL REVISED CONTRACT $ 143,710.00 $ 1,512,264.00I $ 1,874,090.93 $ 87,050.40 $ AMOUNT PER UNIT REVISED COST SHARE Dev. Cost: $3,054,495.04 City Cost: $562,620.29 TOTAL REVISED CONTRACT $3,617,115.33 CONTRACT DAYS 180 180 30 210 Revised: 10-12-2011 Page 1 You are directed to make the following changes in the contract documents: PAY ITEM # I CITY BID ITEM # I QUANTITY I UNIT 10 3123.0101 565 CY 12 3124.0101 13 CY 13 3137.0101 45 SY 15 3211.0400 37 TN 16 3211.0502 1594 SY 17 3213.0106 1532 SY 18 3213.0301 5179 SF 19 3213.0403 301 SF 20 3213.0506 2 EA 21 3216.0101 70 LF 22 3217.0001 198 LF 23 3217.0003 80 LF 24 3217.0201 199 LF 25 3217.1002 3 EA 26 3217.1004 3 EA 27 3217.2102 55 EA 28 3217.2104 9 EA 30 3217.4303 167 LF NEW 37* 0241.0500 169 LF NEW 38* 0241.1000 54 SY NEW 39* 3217.0501 12 LF NEW 40* 3217.4304 195 LF NEW 41* 3217.4307 24 EA ITEM DESCRIPTION Unit III: Paving Improvements Unclassified Excavation by Plan Embankment by Plan Concrete Riprap Hydrated Lime 8" Lime Treatment 11" Conc Pvmt 4" Conc Sidewalk 8" Concrete Driveway Barrier Free Ramp, Type P-1 6" Conc Curb and Gutter 4" SLID Pvmt Marking HAS (W) 4" BRK Pvmt Marking HAS (W) 8" SLID Pvmt Marking HAS (W) Lane Legend Arrow Lane Legend Only REFL Raised Marker TY I-C REFL Raised Marker TY II-C-R Remove 8" Pvmt Marking Remove Fence Remove Conc Pvmt 24" SLID Pvmt Marking HAE (W) Remove 12" Pvmt Marking Remove Raised Marker Unit IV: Street Lighting Improvements UNIT PRICE I Developer Cost I City Cost $ 21.00 $ - $ 11,865.00 $ 6.50 $ - $ 84.50 $ 125.00 $ - $ 5,625.00 $ 220.00 $ - $ 8,140.00 $ 7.00 $ - $ 11,158.00 $ 80.00 $ - $ 122,560.00 $ 6.50 $ - $ 33,663.50 $ 10.00 $ - $ 3,010.00 $ 2,500.00 $ $ 5,000.00 $ 50.75 $ - $ 3,552.50 $ 1.14 $ - $ 225.72 $ 1.12 $ - $ 89.60 $ 2.00 $ - $ 398.00 $ 118.00 $ $ 354.00 $ 128.00 $ $ 384.00 $ 5.88 $ - $ 323.40 $ 5.28 $ - $ 47.52 $ 1.10 $ - $ 183.70 $ 5.00 $ - $ 845.00 $ 30.00 $ - $ 1,620.00 $ 15.00 $ - $ 180.00 $ 2.00 $ - $ 390.00 $ 1.00 $ - $ 24.00 Subtotal Unit III - Paving Improvements $ - $ 209,723." ITEM DESCRIPTION PAY ITEM # CITY BID ITEM # QUANTITY UNIT UNIT PRICE Developer Cost City Cost 4 3441.1502 1 EA Ground Box Type B, w/Apron $ 830.00 $ $ 830.00 5 3441.1645 1 EA Furnish/Install Type 33A Arm $ 670.00 $ $ 670.00 6 3441.3050 1 EA Furnish/Install LED Lighting Fixture (70 watt ATBO Cobra Head) $ 550.00 $ $ 550.00 7 3441.3302 1 EA Rdwy Ilium Foundation TY 3,5,6, and 8 $ 2,350.00 $ $ 2,350.00 9 3441.3502 1 EA Relocate Street Light Pole $ 3,050.00 $ $ 3,050.00 Subtotal Unit IV - Street Lighting Improvements $ - $ 7,450.00 GRAND TOTALNEW- I $ - I $ 217,173.44 Asterisk (*) indicates New Pay Item REASONS FOR CHANGE ORDER 1. Revised scope to extend Brewer Blvd north of the original scope to Risinger Road. This additional scope will encompass what was previously part of the scope of work for Silver Dollar Storage CFA. Changes correspond to Plan Revision 1 as shown on sheets 4, 12, 14, 17, 28, 37, 44, 71, 76, 79, and 82 of the Construction Plans. 2. Thirty additonal working days are requested with this change order CITY FUNDS ARE INVOLVED ON THIS CONTRACT. THIS CHANGE ORDER IS 100% CITY FUNDED. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Revised: 10-12-2011 Page 2 RECOMMENDED: Dunaway Associates, LLC Tosh wriahY By: msnwngntl Iy soon Name: Josh Wright, PE Title: Project Engineer APPROVAL RECOMMENDED: CFW- Development Services Department By: Name: Tyson W. Thompson Title: Assistant Development Services Director RECOMMENDED: CFW- *Contract Compliance Manager nssa Q ii/,szfa,. By: 66 Name: Debbie J. Willhelm, PE Title: Senior Professional Engineer M&C Number: M&C 23-0743 M&C Date Approved: 9/12/2023 APPROVED: Legacy CTW, LP sty s�� By: Name: Steve Saxon Title: Manager APPROVED: CFW- Assistant City Manager By: D a� Name: Dana Burghdoff Title: Assistant City Manager APPROVED: McClendon Construction, Inc 8 By: Name: Justin Blair Title: VP of Project Management APPROVED AS TO FORM AND LEGALITY: CFW- Assistant City Attorney By: ..(_� ,11..1� oT) Name: Richard McCracken Title: Senior Assistant City Attorney ATTEST * Contract Compliance Manager (Project Manager): By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, include ensuring all performance and reporting requirements. Jannette S. Goodall City Secretary ❑ There are NO City Funds associated with this Contract 17 There are City Funds associated with this Contract Revised: 10-12-2011 Page 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0743 LOG NAME: 06BREWER BOULEVARD (RISINGER TO MCPHERSON) -CHANGE ORDER 1 SUBJECT (CD 6) Authorize Execution of Change Order No. 1 to City Secretary Contract No. 57694, a Community Facilities Agreement with Legacy CTW LP, for the Construction of the Eastern Lanes of Brewer Boulevard from Risinger Road to McPherson Boulevard for the Northbound Brewer Blvd Project, Increasing City Participation by $217,173.44 for a Revised Contract Amount of $3,617,115.33 and Amend the Fiscal Years 2023- 2027 Capital Improvement Program (2014 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Change Order No. 1 to City Secretary Contract No. 57694, a Community Facilities Agreement with Legacy CTW LP, for the construction of the Eastern Lanes of Brewer Boulevard from Risinger Road to McPherson Boulevard for the Northbound Brewer Blvd project (City Project No. 103435), increasing City Participation by $217,173.44 for a revised contract amount of $3,617,115.33; and 2. Amend the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of Change Order No. 1 to City Secretary Contract No 57694, a Community Facilities Agreement (CFA) with Legacy CTW LP (Developer), for the construction of the eastern two lanes, a standard median, and a ten -foot shared path from Risinger Road to McPherson Boulevard. This project was included in the 2014 Bond Program. Brewer Boulevard from Risinger Road to north of Saddle Pack Drive was included in the 2014 Bond Program. In lieu of a city -led project, as development occurred south of the proposed bond project, the funds for the bond program have been incorporated into developer's CFAs. The wester lanes of Brewer Boulevard were constructed with the Chisholm Trail Ranch Phase 2 development. On April 12, 2022, by and through Mayor and Council Communication (M&C) 22-0256, the City Council authorized the execution of the community facilities agreement with Legacy CRW LP, with City participation in an amount not to exceed $700,000.00 for construction of the eastern lanes of Brewer Boulevard. Change Order No. 1 will extend Brewer Boulevard north to Risinger Road. This scope of work, which was approved as part of the 2014 Bond Program was previously part of the scope of work for the Silver Dollar Storage CFA. City staff is requesting to transfer this scope of work to the Northbound Brewer Boulevard project so Brewer Boulevard will be constructed by the same Developer. Funding for this project was not included in the Fiscal Years(FY) 2023-2027 Capital Improvement Program due to incorporating a 2014 Bond Program project into a developer CFA in order to oversize the developer's project. The developer is responsible for $3,054,495.04 in construction costs for the Northbound Brewer Boulevard project. The action in this M&C will amend the FY 2023-2027 Capital Improvement Program as approved in connection with Ordinance No. 25073-09- 2021. Funding is budgeted in the TPW Dept Highway & Streets Department's 2014 Bond Program Fund for the purpose of funding the CFA-Northbound Brewer Blvd project, as appropriated. The project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2014 Bond Program Fund for the CFA-Northbound Brewer Blvd project to support the approval of the above recommendations and execution of the change order. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Tammy Lewis 2677 PROJECT NAME: CONTRACT: CFA # CITY PROJECT # FID # FILE # INSPECTOR: PROJECT MANAGER: DEVELOPER -AWARDED -PROJECT CHANGE ORDER Water Drainage, Paving, & Street Light Improvements to Serve Chisolm Trail Ranch NORTH BOUND CHANGE CS 57694 ORDER No: CFA21-0119 CITY PARTICIPATION: Yes 103435 2 30114-0200431-103435-EO7685 X-26971, K-2845 Jesse Davis Phone No: Debbie Willhelm Phone No: WATER Developer Cost City Cost ORIGINAL CONTRACT $ 87,070.00 $ 56,640.00 EXTRAS TO DATE $ $ - CREDITS TO DATE $ $ - CONTRACT TO DATE $ 87,070.00 $ 56,640.00 AMOUNT OF PROP. CHANGE ORDER $ 3,600.00 $ (3,600.00) REVISED CONTRACT AMOUNT $ 90,670.00 $ 53,040.00 TOTAL REVISED CONTRACT $ 143,710.00 AMOUNT PER UNIT REVISED COST SHARE Dev. Cost: TOTAL REVISED CONTRACT STORM Developer Cost City Cost $ 1,444,041.00 $ 68,223.00 $ 1,444,041.00 $ 68,223.00 $ 49,413.00 $ - $ 1,493,454.00 $ 68,223.00 $ 1,561,677.00 $3,107,508.04 817-863-3705 817-392-2481 CONTRACT UNIT PAVING Developer Cost 1 City Cost $ 1,446,223.64 $ 218,143.86 $ - $ 209,723.44 $ 1,446,223.64 $ 427,867.29 $ - $ 2,726.71 $ 1,446,223.64 $ 430,594.00 $ 1,876,817.64 City Cost $3,687,730.64 STREET LIGHTS Developer Cost City Cost $ 77,160.40 $ 2,440.00 $ - $ 7,450.00 $ 77,160.40 $ 9,890.00 $ - $ 18,476.60 $ 77,160.40 $ 28,365.60 $ 105,526.00 $580,: CSC No. 57694-CO2 SEWER Developer Cost City Cost 22.60 CONTRACT DAYS 180 30 210 0 210 Revised: 10-12-2011 Page 1 You are directed to make the following changes in the contract documents CITY BID ITEM PAY ITEM # I I QUANTITY I UNIT ITEM DESCRIPTION I UNIT PRICE I Developer Cost I City Cost Unit I: WATER IMPROVEMENTS 10 3312.0001 -1 EA Fire Hydrant $ 7,100.00 $ - $ (7,100.00) 1 17 3312.3005 1 EA 12" Gate Valve $ 3,600.00 $ 3,600.00 $ - NEW 18* 3312.xxxx 1 LS Excavation/Recompaction at Valve for Fire Hydrant #2 $ 3,500.00 $ - $ 3,500.001 Unit I TOTAL Subtotal Unit I - Water Improvements $ 3,600.00 $ (3,600.00) 1 Unit It: DRAINAGE IMPROVEMENTS 1 12 3341.1304 -30 LF 6'x 5' Box Culvert $ 590.00 $ (17,700.00) $ 9 3305.0109 361 LF Trench Safety $ 1.00 $ 361.00 $ 21 4666155 -1 EA WINGWALL (FW-0)(HW=8 FT) $ 21,500.00 $ (21,500.00) $ 23 9999.0002 361 LF 24" Polypropylene Pipe $ 132.00 $ 47,652.00 $ NEW 27* 3341.1304 35 LF 6'x 5' Box Culvert -Cast in Place $ 1,160.00 $ 40,600.00 $ Unit II TOTAL Subtotal Unit II - Drainage Improvements $ 49,413.00 $ - Unit III: PAVING IMPROVEMENTS 10 3123.0101 150 CY Unclassified Excavation by Plan $ 21.00 $ - $ 3,150.001 7 241.11 -133 SY Remove Asphalt Pvmt $ 11.00 $ $ (1,463.00)1 8 241.13 -46 LF Remove Conc Curb & Gutter $ 9.00 $ $ (414.00) 1 29 3217.4301 -861 LF Remove 4" Pvmt Marking $ 0.89 $ $ (766.29) 1 33 3441.4003 -2 EA Furnish/Install Alum Sign Ground Mount City Std. $ 495.00 $ $ (990.00) 1 34 3441.4108 -1 EA Remove Sign Panel and Post $ 150.00 $ $ (150.00) 1 NEW 42* 3217.0502 160 LF Preformed Thermoplastic Contrast Markings - 24" Crosswalk $ 21.00 $ $ 3,360.001 Unit III TOTAL Subtotal Unit III - Paving Improvements $ $ 2,726.71 1 Unit IV: STREET LIGHTING IMPROVEMENTS 3 3441.1645 -2016 LF No. 2 Insulated Elec Condr $ 8.00 $ $ (16,128.00) 1 10 9999.0008 -3644 LF Salvage and Reinstall Exisitng Conductor $ 0.60 $ $ (2,186.40) 1 NEW 11* 3441.1645 5660 LF No. 2 Insulated Aluminum Elec Condr $ 6.50 $ $ 36,790.00 Unit IV TOTAL Subtotal Unit IV - Street Lighting Improvements $ - $ 18,475.60 GRAND TOTAL $ 53,013.00 $ 17,602.31 Asterisk (*) indicates New Pay Item REASONS FOR CHANGE ORDER: 1. Fire Hydrant not required and adjustment of water scope.. 2. Adjust scope of storm drain culvert to match existing downstream conditions and additional adjustments of storm drain manholes to final grade. 3. Reduction in paving scope due to adjusted scope of separate construction project at Risinger intersection. 4. Revision to require new aluminum wiring instead of re -using existing conductors. 5. Changes correspond to Plan Revision 02 as shown on sheets 15, 18, 37, 51, 53-61 and Plan Revision 03 as shown on sheet 76 of the Construction Plans. CITY FUNDS ARE INVOLVED ON THS CONTRACT. DEVELOPER WILL BE RESPONSIBLE FOR $53,013.00 AND CITY WILL BE RESPONSIBLE FOR $17,602.31 FOR THIS CHANGE [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Revised: 10-12-2011 Page 2 RECOMMENDED: APPROVED: APPROVED: Dunaway Associates, LLC Legacy CTW, LP McClendon Construction, Inc By: J right�Sep2T, 0231610CDT) SfV - Sgxo-fv By; a By: Name: Josh Wright, PE Name: Steve Saxon Name: Justin Blair Title: Project Engineer Title: Manager Title: VP of Project Management APPROVAL RECOMMENDED: APPROVED: APPROVED AS TO FORM AND LEGALITY: CFW - Development Services Department CFW - Assistant City Manager CFW - Assistant City Attorney By: �as1a 8u-akaloFF By; Dana BurghEof�f(, O OCDn By; Richard A.M[ n]Oc[4, 20 16.36 CDT) Name: Tyson W. Thompson Name: Dana Burghdoff Name: Richard McCracken Title: Assistant Development Services Director Title: Assistant City Manager Title: Senior Assistant City Attorney RECOMMENDED: ATTEST: CFW- *Contract Compliance Manager * Contract Compliance Manager (Project Manager): ajmi.'d �- A .,t4,asm,� By signing I acknowledge that I am the person responsible By: By: U for the monitoring and administration of this contract, include ensuring all performance and reporting requirements. Name: Debbie J. Willhelm, PE Name: Jannette S. Goodall [ ] There are NO City Funds associated with this Contract Title: Senior Professional Engineer Title: City Secretary [ X ] There are City Funds associated with this Contract M&C Number: M&C 22-0256 M&C Date Approved: 4/12/2022 Revised: 10-12-2011 Page 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/12/22 M&C FILE NUMBER: M&C 22-0256 LOG NAME: 06BREWER BOULEVARD (RISINGER TO MCPHERSON) EAST LANES SUBJECT (CD 6) Authorize the Execution of a Community Facilities Agreement with Legacy CTW LP, with City Participation in an Amount Not to Exceed $700,000.00 for the Construction of the Eastern Lanes of Brewer Boulevard from Risinger Road to McPherson Boulevard, Adopt Attached Appropriation Ordinance, and Amend the Fiscal Years 2022-2026 Capital Improvement Program (2014 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a community facilities agreement with Legacy CTW LP, with City participation in an amount not to exceed $700,000.00 to construct Brewer Road from Risinger Road to McPherson Boulevard; 2. Adopt the attached appropriation ordinance adjusting appropriations in the 2014 Bond Program Fund by increasing appropriations in the Community Facilities Agreement - Northbound Brewer Boulevard project (City Project 103435), in the amount of $700,000.00 and decreasing appropriations in the Brewer Road Eastern Construction project (City Project No. 102956) by the same amount; and 3. Amend the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a Community Facilities Agreement (CFA) with Legacy CTW LP (Developer), for the construction of the eastern two lanes, a standard median, and a ten -foot shared path from Risinger Road to McPherson Boulevard. This project was included in the 2014 Bond Program. Brewer Boulevard from Risinger Road to north of Saddle Pack Drive was included in the 2014 Bond Program. The City is participating in the CFA for the portion of the project from Risinger Road to north of Saddle Pack Drive. In lieu of a city -led project, as development occurred south of the proposed bond project, the funds for the bond program have been incorporated into the developer Community Facilities Agreement (CFA) to extend the two projects. The western lanes were constructed with Chisholm Trail Ranch Phase 2, and this M&C is proposing to incorporate the funds for the eastern lanes into the Chisholm Trail Ranch Commercial CFA project. Funding for this project was not included in the FY2022-2026 Capital Improvement Program due to incorporating a 2014 Bond Program project into a developer CFA in order to oversize their developer project. The developer is responsible for $2,614,828.18 in construction of Brewer Road. The action in this M&C will amend the FY2022-2026 Capital Improvement Program as approved in connection with Ordinance No. 25073-09- 2021. The table below reflects the delineation of construction costs and related fees between the developer and the City of Fort Worth. The estimated costs provided were based upon the engineer's estimate included as an exhibit and are consistent with the City Council adopted Unit Price Ordinance. The project will be publicly bid, and a 20% MBE goal has been established for the construction project. Estimated Proiect Expenditures: Project Component Developer's City's Cost Total Cost Cost (General 1 $309,546.00I $47,138.201 $356,684.20 Water Improvements 1 $44,129.39I $39,168.891 $83,298.28 Stormwater $1,077,585.01 $13,427.36 $1,091,012.37 Improvements (Paving Improvements$1,093,472.02I$544,906.331$1,638,378.35 Street Lighting $53,555.76 $10,072.92 $63,628.68 Improvements Material Testing & $36,540.00 Inspections (Contingency $45,286.301 $45,286.30 TOTAL $2,614,828.18 $700,000.001$3,314,828.18 This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the CFA Brewer Rd Eastern Constr Project within the 2014 Bond Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the 2014 Bond Fund for the CFA-Northbound Brewer Blvd project to support the approval of the above recommendations and execution of the community facilities agreement. Prior to an expenditure being incurred, the Transportation & Public Works Department and Development Services Department have the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Mirian Spencer 2677 PROJECT NAME: CONTRACT: CFA # CITY PROJECT # FID # FILE # INSPECTOR: PROJECT MANAGER: DEVELOPER -AWARDED -PROJECT CHANGE ORDER Water Drainage, Paving, & Street Light Improvements to Serve Chisolm Trail Ranch NORTH BOUND BREWER CHANGE CS 57694 ORDER No: CFA21-0119 CITY PARTICIPATION: Yes CSC No. 57694-CO1 103435 1 30114-0200431-103435-EO7685 X-26971. K-2845 Jesse Davis Phone No: 817-863-3705 Debbie Willhelm Phone No: 817-392-2481 CONTRACT UNIT I WATER I STORM I PAVING I STREET LIGHTS I SEWER Developer Cost City Cost Developer Cost City Cost I Developer Cost City Cost Developer Cost City Cost Developer Cost City Cost ORIGINAL CONTRACT $ 87,070.00 $ 56,640.00 $ 1,444,041.00 $ 68,223.001 $ 1,446,223.64 $ 218,143.85 $ 77,160.40 $ 2,440.00 $ - $ EXTRAS TO DATE $ - $ $ - $ - I $ $ - $ - CREDITS TO DATE $ - $ $ - $ - I $ - $ - $ - CONTRACTTODATE $ 87,070.00 $ 56,640.00 $ 1,444,041.00 $ 68,223.001 $ 1,446,223.64 $ 218,143.85 $ 77,160.40 $ 2,440.00 $ - $ AMOUNT OF PROP. CHANGE ORDER $ - $ M $ - $ - I $ - $ 209,723.44 $ - $ 7,450.00 $ - $ REVISED CONTRACT AMOUNT $ 87,070.00 $ 56,640.00 $ 1,444,041.00 $ 68,223.00I $ 1,446,223.64 1 $ 427,867.29 $ 77,160.40 $ 9,890.00 $ - $ TOTAL REVISED CONTRACT $ 143,710.00 $ 1,512,264.00I $ 1,874,090.93 $ 87,050.40 $ AMOUNT PER UNIT REVISED COST SHARE Dev. Cost: $3,054,495.04 City Cost: $562,620.29 TOTAL REVISED CONTRACT $3,617,115.33 CONTRACT DAYS 180 180 30 210 Revised: 10-12-2011 Page 1 You are directed to make the following changes in the contract documents: PAY ITEM # I CITY BID ITEM # I QUANTITY I UNIT 10 3123.0101 565 CY 12 3124.0101 13 CY 13 3137.0101 45 SY 15 3211.0400 37 TN 16 3211.0502 1594 SY 17 3213.0106 1532 SY 18 3213.0301 5179 SF 19 3213.0403 301 SF 20 3213.0506 2 EA 21 3216.0101 70 LF 22 3217.0001 198 LF 23 3217.0003 80 LF 24 3217.0201 199 LF 25 3217.1002 3 EA 26 3217.1004 3 EA 27 3217.2102 55 EA 28 3217.2104 9 EA 30 3217.4303 167 LF NEW 37* 0241.0500 169 LF NEW 38* 0241.1000 54 SY NEW 39* 3217.0501 12 LF NEW 40* 3217.4304 195 LF NEW 41* 3217.4307 24 EA ITEM DESCRIPTION Unit III: Paving Improvements Unclassified Excavation by Plan Embankment by Plan Concrete Riprap Hydrated Lime 8" Lime Treatment 11" Conc Pvmt 4" Conc Sidewalk 8" Concrete Driveway Barrier Free Ramp, Type P-1 6" Conc Curb and Gutter 4" SLID Pvmt Marking HAS (W) 4" BRK Pvmt Marking HAS (W) 8" SLID Pvmt Marking HAS (W) Lane Legend Arrow Lane Legend Only REFL Raised Marker TY I-C REFL Raised Marker TY II-C-R Remove 8" Pvmt Marking Remove Fence Remove Conc Pvmt 24" SLID Pvmt Marking HAE (W) Remove 12" Pvmt Marking Remove Raised Marker Unit IV: Street Lighting Improvements UNIT PRICE I Developer Cost I City Cost $ 21.00 $ - $ 11,865.00 $ 6.50 $ - $ 84.50 $ 125.00 $ - $ 5,625.00 $ 220.00 $ - $ 8,140.00 $ 7.00 $ - $ 11,158.00 $ 80.00 $ - $ 122,560.00 $ 6.50 $ - $ 33,663.50 $ 10.00 $ - $ 3,010.00 $ 2,500.00 $ $ 5,000.00 $ 50.75 $ - $ 3,552.50 $ 1.14 $ - $ 225.72 $ 1.12 $ - $ 89.60 $ 2.00 $ - $ 398.00 $ 118.00 $ $ 354.00 $ 128.00 $ $ 384.00 $ 5.88 $ - $ 323.40 $ 5.28 $ - $ 47.52 $ 1.10 $ - $ 183.70 $ 5.00 $ - $ 845.00 $ 30.00 $ - $ 1,620.00 $ 15.00 $ - $ 180.00 $ 2.00 $ - $ 390.00 $ 1.00 $ - $ 24.00 Subtotal Unit III - Paving Improvements $ - $ 209,723." ITEM DESCRIPTION PAY ITEM # CITY BID ITEM # QUANTITY UNIT UNIT PRICE Developer Cost City Cost 4 3441.1502 1 EA Ground Box Type B, w/Apron $ 830.00 $ $ 830.00 5 3441.1645 1 EA Furnish/Install Type 33A Arm $ 670.00 $ $ 670.00 6 3441.3050 1 EA Furnish/Install LED Lighting Fixture (70 watt ATBO Cobra Head) $ 550.00 $ $ 550.00 7 3441.3302 1 EA Rdwy Ilium Foundation TY 3,5,6, and 8 $ 2,350.00 $ $ 2,350.00 9 3441.3502 1 EA Relocate Street Light Pole $ 3,050.00 $ $ 3,050.00 Subtotal Unit IV - Street Lighting Improvements $ - $ 7,450.00 GRAND TOTALNEW- I $ - I $ 217,173.44 Asterisk (*) indicates New Pay Item REASONS FOR CHANGE ORDER 1. Revised scope to extend Brewer Blvd north of the original scope to Risinger Road. This additional scope will encompass what was previously part of the scope of work for Silver Dollar Storage CFA. Changes correspond to Plan Revision 1 as shown on sheets 4, 12, 14, 17, 28, 37, 44, 71, 76, 79, and 82 of the Construction Plans. 2. Thirty additonal working days are requested with this change order CITY FUNDS ARE INVOLVED ON THIS CONTRACT. THIS CHANGE ORDER IS 100% CITY FUNDED. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Revised: 10-12-2011 Page 2 RECOMMENDED: Dunaway Associates, LLC Tosh wriahY By: msnwngntl Iy soon Name: Josh Wright, PE Title: Project Engineer APPROVAL RECOMMENDED: CFW- Development Services Department By: Name: Tyson W. Thompson Title: Assistant Development Services Director RECOMMENDED: CFW- *Contract Compliance Manager nssa Q ii/,szfa,. By: 66 Name: Debbie J. Willhelm, PE Title: Senior Professional Engineer M&C Number: M&C 23-0743 M&C Date Approved: 9/12/2023 APPROVED: Legacy CTW, LP sty s�� By: Name: Steve Saxon Title: Manager APPROVED: CFW- Assistant City Manager By: D a� Name: Dana Burghdoff Title: Assistant City Manager APPROVED: McClendon Construction, Inc 8 By: Name: Justin Blair Title: VP of Project Management APPROVED AS TO FORM AND LEGALITY: CFW- Assistant City Attorney By: ..(_� ,11..1� oT) Name: Richard McCracken Title: Senior Assistant City Attorney ATTEST * Contract Compliance Manager (Project Manager): By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, include ensuring all performance and reporting requirements. Jannette S. Goodall City Secretary ❑ There are NO City Funds associated with this Contract 17 There are City Funds associated with this Contract Revised: 10-12-2011 Page 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0743 LOG NAME: 06BREWER BOULEVARD (RISINGER TO MCPHERSON) -CHANGE ORDER 1 SUBJECT (CD 6) Authorize Execution of Change Order No. 1 to City Secretary Contract No. 57694, a Community Facilities Agreement with Legacy CTW LP, for the Construction of the Eastern Lanes of Brewer Boulevard from Risinger Road to McPherson Boulevard for the Northbound Brewer Blvd Project, Increasing City Participation by $217,173.44 for a Revised Contract Amount of $3,617,115.33 and Amend the Fiscal Years 2023- 2027 Capital Improvement Program (2014 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Change Order No. 1 to City Secretary Contract No. 57694, a Community Facilities Agreement with Legacy CTW LP, for the construction of the Eastern Lanes of Brewer Boulevard from Risinger Road to McPherson Boulevard for the Northbound Brewer Blvd project (City Project No. 103435), increasing City Participation by $217,173.44 for a revised contract amount of $3,617,115.33; and 2. Amend the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of Change Order No. 1 to City Secretary Contract No 57694, a Community Facilities Agreement (CFA) with Legacy CTW LP (Developer), for the construction of the eastern two lanes, a standard median, and a ten -foot shared path from Risinger Road to McPherson Boulevard. This project was included in the 2014 Bond Program. Brewer Boulevard from Risinger Road to north of Saddle Pack Drive was included in the 2014 Bond Program. In lieu of a city -led project, as development occurred south of the proposed bond project, the funds for the bond program have been incorporated into developer's CFAs. The wester lanes of Brewer Boulevard were constructed with the Chisholm Trail Ranch Phase 2 development. On April 12, 2022, by and through Mayor and Council Communication (M&C) 22-0256, the City Council authorized the execution of the community facilities agreement with Legacy CRW LP, with City participation in an amount not to exceed $700,000.00 for construction of the eastern lanes of Brewer Boulevard. Change Order No. 1 will extend Brewer Boulevard north to Risinger Road. This scope of work, which was approved as part of the 2014 Bond Program was previously part of the scope of work for the Silver Dollar Storage CFA. City staff is requesting to transfer this scope of work to the Northbound Brewer Boulevard project so Brewer Boulevard will be constructed by the same Developer. Funding for this project was not included in the Fiscal Years(FY) 2023-2027 Capital Improvement Program due to incorporating a 2014 Bond Program project into a developer CFA in order to oversize the developer's project. The developer is responsible for $3,054,495.04 in construction costs for the Northbound Brewer Boulevard project. The action in this M&C will amend the FY 2023-2027 Capital Improvement Program as approved in connection with Ordinance No. 25073-09- 2021. Funding is budgeted in the TPW Dept Highway & Streets Department's 2014 Bond Program Fund for the purpose of funding the CFA-Northbound Brewer Blvd project, as appropriated. The project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2014 Bond Program Fund for the CFA-Northbound Brewer Blvd project to support the approval of the above recommendations and execution of the change order. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Tammy Lewis 2677 PROJECT NAME: CONTRACT: CFA # CITY PROJECT # FID # FILE # INSPECTOR: PROJECT MANAGER: DEVELOPER -AWARDED -PROJECT CHANGE ORDER Water Drainage, Paving, & Street Light Improvements to Serve Chisolm Trail Ranch NORTH BOUND CS 57694 CFA21-0119 CITY PARTICIPATION: Yes 103435 30114-0200431-103435-EO7685 X-26971, K-2845 Jesse Davis Phone No: 817-863-3705 Debbie Willhelm Phone No: 817-392-2481 WATER ORIGINAL CONTRACT $ 87,070.00 $ EXTRAS TO DATE $ 3,600.00 $ CREDITS TO DATE $ - $ CONTRACT TO DATE $ 90,670.00 $ AMOUNT OF PROP. CHANGE ORDER $ $ REVISED CONTRACT AMOUNT $ 90,670.00 $ TOTAL REVISED CONTRACT $ AMOUNT PER UNIT REVISED COST SHARE Dev. Cost: TOTAL REVISED CONTRACT CHANGE ORDER No: 3 CSC No. 57694-CO3 STORM CONTRACT UNIT PAVING STREET LIGHTS SEWER CONTRACT DAYS ty Cost Developer Cost City Cost Developer Cost City Cost Developer Cost City Cost Developer Cost City Cost 56,640.00 $ 1,444,041.00 $ 68,223.00 $ 1,446,223.64 $ 218,143.85 $ 77,160.40 $ 2,440.00 $ - $ - I 180 - $ 49,413.00 $ - I $ - $ 212,450.15 $ - $ 25,925.60 $ - I 30 (3,600.00) $ - $ - I $ $ - $ - $ - $ - 53,040.00 $ 1,493,454.00 $ 68,223.001 $ 1,446,223.64 $ 430,594.00 $ 77,160.40 $ 28,365.60 $ - $ - I 210 $ - $ - I $ $ - $ (18,314.40) $ 18,314.40 $ $ I 0 53,040.00 $ 1,493,454.00 I $ 1,446,223.64 $ $ 58,846.00 $ 46,680.00 $ - $ - I 210 143,710.00 $ 1,561,677.001 $ 1,876,817.641 $ 105,526.00 $ - $3,089,193.64 City Cost: $598,537.00 $3,687,730.64 Revised: 10-12-2011 Page 1 You are directed to make the following changes in the contract documents CITY BID ITEM PAY ITEM # I I QUANTITY I UNIT ITEM DESCRIPTION I I UNIT PRICE I Developer Cost I City Cost Unit IV: STREET LIGHTING IMPROVEMENTS 3 3441.1645 -2016 LF No. 2 Insulated Elec Condr $ 8.00 $ (16,128.00) $ 10 9999.0008 -3644 LF Salvage and Reinstall Existing Conductor $ 0.60 $ (2,186.40) $ - 3 3441.1645 2016 LF No. 2 Insulated Elec Condr $ 8.00 $ $ 16,128.00 10 9999.0008 3644 LF Salvage and Reinstall Exisitng Conductor $ 0.60 $ $ 2,186.40 Unit IV TOTAL Subtotal Unit IV - Street Lighting Improvements $ (18,314.40) $ 18,314.40 GRAND TOTAL 1 $ (18,314.40)1 $ 18,314.40 Asterisk (*) indicates New Pay Item REASONS FOR CHANGE ORDER: 1. Reconcile Error on Change Order 2. Two of the street lighting quantities should've been deducted from Developer's cost instead of City's cost. CITY FUNDS ARE INVOLVED ON THS CONTRACT. DEVELOPER WILL BE RESPONSIBLE FOR-$18,314.40 AND CITY WILL BE RESPONSIBLE FOR $18,314.40 FOR THIS CHANGE ORDER. NET AMOUNT FOR CHANGE ORDER 2 IS ZERO. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Revised: 10-12-2011 Page 2 RECOMMENDED: APPROVED: APPROVED: Dunaway Associates, LLC Legacy CTW, LP McClendon Construction, Inc �7o,rGt W� k ,o. �, sty- sG lxo- v 96 By: By: By: Name: Josh Wright, PE Name: Steve Saxon Name: Justin Blair Title: Project Engineer Title: Manager Title: VP of Project Management APPROVAL RECOMMENDED: APPROVED: APPROVED AS TO FORM AND LEGALITY: CFW - Development Services Department CFW - Assistant City Manager CFW- Assistant City Attorney -;__ baKa 8uea6uJaf (, ? i ', By: By:z T R. Name: Tyson W. Thompson Name: Dana Burghdoff Name: Richard McCracken Title: Assistant Development Services Director Title: Assistant City Manager Title: Senior Assistant City Attorney RECOMMENDED: ATTEST: CFW- *Contract Compliance Manager * Contract Compliance Manager (Project Manager): oe6s� �u/'a'By signing I acknowledge that I am the person responsible By: By: for the monitoring and administration of this contract, include ensuring all performance and reporting requirements. Name: Debbie J. Willhelm, PE Name: Jannette S. Goodall [ ] There are NO City Funds associated with this Contract Title: Senior Professional Engineer Title: City Secretary [ X ] There are City Funds associated with this Contract M&C Number: M&C 22-0256 M&C Date Approved: 4/12/2022 Revised: 10-12-2011 Page 3 PROJECT NAME: I CONTRACT: ICFA # CITY PROJECT # IFID # FILE # INSPECTOR: PROJECT MANAGER: DEVELOPER -AWARDED -PROJECT CHANGE ORDER Water Drainage, Paving, & Street Light Improvements to Serve Chisolm Trail Ranch NORTH BOUND BREWER CHANGE CS 57694 ORDER No: CFA21-0119 I CITY PARTICIPATION: Yes 103435 4 30114-0200431-103435-EO7685 X-26971, K-2845 Jesse Davis Phone No Debbie Willhelm Phone No WATER STORM Developer Cost City Cost Developer Cost City Cost ORIGINAL CONTRACT $ 87,070.00 $ 66,640.00 $ 1,444,041.00 $ 68,223.00 EXTRAS TO DATE $ 3,600.00 $ - $ 49,413.00 $ - ICREDITS TO DATE $ - $ (3,600.00) $ - $ - ICONTRACTTODATE $ 90,670.00 $ 63,040.00 $ 1,493,454.00 $ 68,223.00 IAMOUNTOFPROP. CHANGE ORDER $ - $ $ - $ - IREVISEDCONTRACTAMOUNT $ 90,670.00 $ 63,040.00 $ 1,493,454.00 $ 68,223.00 TOTAL REVISED CONTRACT $ 143,710.00 $ 1,561,677.00 AMOUNT PER UNIT REVISED COST SHARE Dev. Cost: $3,087,193.64 I TOTAL REVISED CONTRACT 817-863-3705 817-392-2481 CONTRACT UNIT PAVING Developer Cost I City Cost $ 1,446,223.64 $ 218,143.85 $ - $ 212,450.15 $ 1,446,223.64 $ 430,694.00 $ (2,000.00) $ (2,000.00) $ 1,444,223.64 $ 428,694.00 $ 1,872,817.64 City Cost $3,683,730.64 STREET LIGHTS Developer Cost City Cost $ 77,160.40 $ 2,440.00 $ . $ 44,240.00 $ (18,314.40) $ - $ 58,846.00 $ 46,680.00 $ 68,846.00 $ 46,680.00 $ 106,626.00 $596,! CSC No. 57694-004 SEWER Developer Cost City Cost ;37.00 CONTRACT DAYS 180 30 210 0 210 Revised: 10-12-2011 Page 1 You are directed to make the following changes in the contract documents: PAY ITEM # I CITY BI#D ITEM I QUANTITY I UNIT ITEM DESCRIPTION I I UNIT PRICE I Developer Cost I City Cost Unit III: PAVING IMPROVEMENTS 32 3231.0301 -2 EA 4' Gate, Steel $ 2,000.00 $ (2,000.00) $ (2,000.00) $ $ $ $ $ $ Subtotal Unit III -Paving Improvements $ (2,000.00) $ (2,000.00) GRAND TOTAL 1 $ (2,000.00) $ (2,000.00) Asterisk (*) indicates New Pay Item REASONS FOR CHANGE ORDER: 1. Reconcile final quantities -Gate installation was no longer required on this project. CITY FUNDS ARE INVOLVED ON THIS CONTRACT. DEVELOPER WILL BE RESPONSIBLE FOR-$2,000.00 AND CITY WILL BE RESPONSIBLE FOR-$2,000.00 FOR THIS CHANGE ORDER. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Revised: 10-12-2011 Page 2 RECOMMENDED: Dunaway Associates, LLC By: JoK✓A,1ght PE (Nov 20231239 CST) Name: Josh Wriqht, P.E. Title: Protect Enqineer APPROVAL RECOMMENDED: CFW - Development Services Department Vi6t;0474Ne!'D oil I7P,hG lo;%.rm-1howerm By Name: Victor V. Tornero. Jr.. P.E. Title: Assistant Development Services Director RECOMMENDED: CFW- *Contract Compliance Manager By: 0 Q Name: Debbie J. Willhelm. P.E. Title: Senior Professional Engineer M&C Number: M&C 22-0256 M&C Date Approved: 4/12/2022 APPROVED: Legacy CTW, LP By: S�e/ A/X V{V Name: Steve Saxon Title: Manaqer APPROVED: CFW - Assistant City Manager Name: Dana Burqhdoff Title: Assistant City Manager ATTEST: By: Name: Jannette S. Goodall Title: City Secretary APPROVED: McClendon Construction, Inc By: Name: Justin Blair Title: VP of Proiect Management APPROVED AS TO FORM AND LEGALITY: CFW - Assistant City Attorney By: � ti . ` ,T. Name: Richard McCracken Title: Senior Assistant Citv Attornev * Contract Compliance Manager (Project Manager): By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, include ensuring all performance and reporting requirements. [ ] There are NO City Funds associated with this Contract [ X ] There are City Funds associated with this Contract Revised: 10-12-2011 Page 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/12/22 M&C FILE NUMBER: M&C 22-0256 LOG NAME: 06BREWER BOULEVARD (RISINGER TO MCPHERSON) EAST LANES SUBJECT (CD 6) Authorize the Execution of a Community Facilities Agreement with Legacy CTW LP, with City Participation in an Amount Not to Exceed $700,000.00 for the Construction of the Eastern Lanes of Brewer Boulevard from Risinger Road to McPherson Boulevard, Adopt Attached Appropriation Ordinance, and Amend the Fiscal Years 2022-2026 Capital Improvement Program (2014 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a community facilities agreement with Legacy CTW LP, with City participation in an amount not to exceed $700,000.00 to construct Brewer Road from Risinger Road to McPherson Boulevard; 2. Adopt the attached appropriation ordinance adjusting appropriations in the 2014 Bond Program Fund by increasing appropriations in the Community Facilities Agreement - Northbound Brewer Boulevard project (City Project 103435), in the amount of $700,000.00 and decreasing appropriations in the Brewer Road Eastern Construction project (City Project No. 102956) by the same amount; and 3. Amend the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a Community Facilities Agreement (CFA) with Legacy CTW LP (Developer), for the construction of the eastern two lanes, a standard median, and a ten -foot shared path from Risinger Road to McPherson Boulevard. This project was included in the 2014 Bond Program. Brewer Boulevard from Risinger Road to north of Saddle Pack Drive was included in the 2014 Bond Program. The City is participating in the CFA for the portion of the project from Risinger Road to north of Saddle Pack Drive. In lieu of a city -led project, as development occurred south of the proposed bond project, the funds for the bond program have been incorporated into the developer Community Facilities Agreement (CFA) to extend the two projects. The western lanes were constructed with Chisholm Trail Ranch Phase 2, and this M&C is proposing to incorporate the funds for the eastern lanes into the Chisholm Trail Ranch Commercial CFA project. Funding for this project was not included in the FY2022-2026 Capital Improvement Program due to incorporating a 2014 Bond Program project into a developer CFA in order to oversize their developer project. The developer is responsible for $2,614,828.18 in construction of Brewer Road. The action in this M&C will amend the FY2022-2026 Capital Improvement Program as approved in connection with Ordinance No. 25073-09- 2021. The table below reflects the delineation of construction costs and related fees between the developer and the City of Fort Worth. The estimated costs provided were based upon the engineer's estimate included as an exhibit and are consistent with the City Council adopted Unit Price Ordinance. The project will be publicly bid, and a 20% MBE goal has been established for the construction project. Estimated Proiect Expenditures: Project Component Developer's City's Cost Total Cost Cost (General 1 $309,546.00I $47,138.201 $356,684.20 Water Improvements 1 $44,129.39I $39,168.891 $83,298.28 Stormwater $1,077,585.01 $13,427.36 $1,091,012.37 Improvements (Paving Improvements$1,093,472.02I$544,906.331$1,638,378.35 Street Lighting $53,555.76 $10,072.92 $63,628.68 Improvements Material Testing & $36,540.00 Inspections (Contingency $45,286.301 $45,286.30 TOTAL $2,614,828.18 $700,000.001$3,314,828.18 This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the CFA Brewer Rd Eastern Constr Project within the 2014 Bond Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the 2014 Bond Fund for the CFA-Northbound Brewer Blvd project to support the approval of the above recommendations and execution of the community facilities agreement. Prior to an expenditure being incurred, the Transportation & Public Works Department and Development Services Department have the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Mirian Spencer 2677 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0743 LOG NAME: 06BREWER BOULEVARD (RISINGER TO MCPHERSON) -CHANGE ORDER 1 SUBJECT (CD 6) Authorize Execution of Change Order No. 1 to City Secretary Contract No. 57694, a Community Facilities Agreement with Legacy CTW LP, for the Construction of the Eastern Lanes of Brewer Boulevard from Risinger Road to McPherson Boulevard for the Northbound Brewer Blvd Project, Increasing City Participation by $217,173.44 for a Revised Contract Amount of $3,617,115.33 and Amend the Fiscal Years 2023- 2027 Capital Improvement Program (2014 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Change Order No. 1 to City Secretary Contract No. 57694, a Community Facilities Agreement with Legacy CTW LP, for the construction of the Eastern Lanes of Brewer Boulevard from Risinger Road to McPherson Boulevard for the Northbound Brewer Blvd project (City Project No. 103435), increasing City Participation by $217,173.44 for a revised contract amount of $3,617,115.33; and 2. Amend the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of Change Order No. 1 to City Secretary Contract No 57694, a Community Facilities Agreement (CFA) with Legacy CTW LP (Developer), for the construction of the eastern two lanes, a standard median, and a ten -foot shared path from Risinger Road to McPherson Boulevard. This project was included in the 2014 Bond Program. Brewer Boulevard from Risinger Road to north of Saddle Pack Drive was included in the 2014 Bond Program. In lieu of a city -led project, as development occurred south of the proposed bond project, the funds for the bond program have been incorporated into developer's CFAs. The wester lanes of Brewer Boulevard were constructed with the Chisholm Trail Ranch Phase 2 development. On April 12, 2022, by and through Mayor and Council Communication (M&C) 22-0256, the City Council authorized the execution of the community facilities agreement with Legacy CRW LP, with City participation in an amount not to exceed $700,000.00 for construction of the eastern lanes of Brewer Boulevard. Change Order No. 1 will extend Brewer Boulevard north to Risinger Road. This scope of work, which was approved as part of the 2014 Bond Program was previously part of the scope of work for the Silver Dollar Storage CFA. City staff is requesting to transfer this scope of work to the Northbound Brewer Boulevard project so Brewer Boulevard will be constructed by the same Developer. Funding for this project was not included in the Fiscal Years(FY) 2023-2027 Capital Improvement Program due to incorporating a 2014 Bond Program project into a developer CFA in order to oversize the developer's project. The developer is responsible for $3,054,495.04 in construction costs for the Northbound Brewer Boulevard project. The action in this M&C will amend the FY 2023-2027 Capital Improvement Program as approved in connection with Ordinance No. 25073-09- 2021. Funding is budgeted in the TPW Dept Highway & Streets Department's 2014 Bond Program Fund for the purpose of funding the CFA-Northbound Brewer Blvd project, as appropriated. The project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2014 Bond Program Fund for the CFA-Northbound Brewer Blvd project to support the approval of the above recommendations and execution of the change order. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Tammy Lewis 2677 FORTWORTH. M, TRANSPORTATION AND PUBLIC WORKS November 8, 2023 McClendon Construction Co. Inc P.0 Box 999 Burleson, TX 76097 RE: Acceptance Letter Project Name: Chisolm Trail Ranch North Bound Brewer Blvd, From McPherson Blvd to Risinger Blvd Project Type: Developer -Water, Drainage, Paving, Street Lights City Project No.: 103435 To Whom It May Concern: On October 18, 2023 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 November 8, 2023. 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 November 8, 2023, 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) 392-2481. Sincerely, T�'X'4" �. U)'admz Debbie Wilhelm, Project Manager Cc: Patrick Jones, Inspector Donald Watson, Inspection Supervisor Aaron Ybarra, Senior Inspector Victor Tornero, P.E, Program Manager Dunaway Associates, LLC, Consultant McClendon Construction Co. Inc, Contractor Legacy Capital Company, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev. 8/20/19 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 Justin Blair, Vice President of McClendon Construction Company, Incorporated, 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 there are no claims pending for personal injury and for property damages; On Contract described as; CPN 103435 — Chisolm Trail Ranch - N Bound Brewer Blvd Subscribed and sworn before me on this MISTY WEBB... _i:'=Notary Public, State of Texas ' ' P COMM. Expires 01-09-2426 Notary 1D 126838467 B Justin Blair ` day of ---'1 '*'7 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT 0 TO FINAL PAYMENT CONTRACTOR ❑ SURETY ❑ AIA DOCUMENT G707 OTHER Bond No. TXC614178 PROJECT: North Bound Brewer Road - City Project No. 103435 (name, address) TO (Owner) [ Legacy CTW LP ] ARCHITECT'S PROJECT NO: 2929 Carlisle St., Suite 365 Dallas, TX 75204 CONTRACT FOR: [ ] CONTRACT DATE: April 15, 2022 CONTRACTOR: McClendon Construction Company, Inc. 548 Memorial Plaza Burleson, TX 76024 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) Merchants Bonding Company (Mutual) P.O. Box A 50306-3498 , SURETY COMPANY, 98 Des Moines,es, IA on bond of (here insert name and address of Contractor) McClendon Construction Company, Inc. 548 Memorial Plaza Burleson, TX 76024 , CONTRACTOR, hereby approves of the final payment to the Contractors, 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) Legacy CTW LP 2929 Carlisle St., Suite 365 Dallas, TX 75204 ,OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 12th Attes4._ (Seal): day of December 2923 Mercha s Bonding Company (Mutual) Surety mpany Signature of utho zed Representative Betty J. Re h Attornev-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 AIA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT . APRIL 1970 EDITION . AIAO ONE PAGE © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 New York Ave., NW, WASHINGTON, D.C. 20006 ERCHANT'S'%k BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbia Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Allyson W Dean; Ana Owens; Andrea Rose Crawford; Andrew Addison; Betty J Reeh; Bryan Kelly Moore; Colin E Conly; Debra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; Faith Ann Hilty; John R Ward; John William Newby; Michael Donald Hendrickson; Monica Ruby Veazey; Patrick Thomas Coyle; Sandra Lee Roney; Thomas Douglas Moore; Troy Russell Key their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize there 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 connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 5th day of December 2023 •+''`� �`•.., ••' """•, MERCHANTS BONDING COMPANY (MUTUAL) +`�...........� �'O• Q....... ffA,� MERCHANTS NATIONAL BONDING, INC. �.y C��R�BR�>''• : ��'�.�9�.c dlbla MERCHANTS NATIONAL INDEMNITY COMPANY • j': 2003 ?ID y 1933 c; By • :, ql' : �J�+,` ••�.. .. k;�aQ' President STATE OFIOWA '•k••1{' ?�,*' ••�••�••.•� COUNTY OF DALLAS ss. On this 5th day of December 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are 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. Kim Lee LammissbnNurr rps3 My Commission Expires April14, 20A Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of 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 Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on thismtkz1ay of �tonlq� ••., , o�G COS,'. +,. E 2003 ;',6; 'sv ; : Z 1933 ; c; Secretary . d. •acti. •••••'.+ "`'a+• POA 0018 (10/22) . '•s,, ,.• ..MERCHANTS � BONDING COMPANY,. MERCHANTS BONDING COMPANY P.O. BOX 14498 DES MOINES, 1A 50306-3498 PHONE: (800) 678-8171 FAX. (515) 243-3854 Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. To get information or file a complaint with your insurance company or HMO: Merchants Bonding Company Call: Compliance Officer at (800) 671-8171 Toll -free: (800) 671-8171 Email: regulatory@merchantsbonding.com Mail: P.O. Box 14498, Des Moines, Iowa 50306-3498 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov Mail: Consumer Protertinr\ mr- rn-(-P Ti-var, Dppnrtmiantof Insurance, jiene una qi rpja n narP-,ita aTrfa? Si tiene un problema con una reclamaci6n o con su prima de seguro, Ilame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingl6s) pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, tambien debe presenter una queja a trav6s del proceso de quejas o de apelaciones de su compania de seguros o HMO. Si no to hate, podria perder su derecho para apelar. SUP 0032 TX (7/23) Para obtener informacion o para presentar una queja ante su compania de seguros o HMO: Merchants Bonding Company Llame a: Compliance Officer al (800) 671-8171 Telefono gratuito: (800) 678-8171 Correo electronico: regulatory@merchantsbonding.com Direccion postal: P.O. Box 14498, Des Moines, Iowa, 50306-3498 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Direccion postal: Consumer Protection. MC: CO-CP. Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 SUP 0032 TX (7123)