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HomeMy WebLinkAboutContract 55683-FP3 City Secretary 55683 -FP3 Contract No. FORTWORTH. Date Received Mar 29,2022 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: Talon Hills Phase III City Project No.: 102190 Improvement Type(s): 0 Paving ❑ Drainage ❑ Street Lights ❑ Traffic Signals Original Contract Price: $281,527.86 Amount of Approved Change Order(s): Revised Contract Amount: $281,527.86 Total Cost of Work Complete: $281,527.86 Shelley McMahon(Mar 24,202215:30 CDT) Mar 24,2022 Contractor Date VP Internal Operations Title McMahon Contracting Company Name J W radle r 24,2022 15:55 CDT) M a r 24,2022 Project Inspector Date C'J"�,P.P.4. Ma r 28,2022 Project Manager Date �29 � Mar28 2022 Jl e Scarlett Morales(Mar 28,202209:36 CDT) CFA Manager Date ama�4Le Dana Bur�28,202 1�20z 1� M a r 28,2022 Asst. City Manager Date OFFICIAL RECORD CITY SECRETARY Page 1 of 2 FT.WORTH, TX Notice of Project Completion Project Name:Talon Hills Phase III City Project No.: 102190 City's Attachments Final Pay Estimate 0 Change Order(s): ❑ Yes 0 N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time: 105 WD Days Charged: 164 Work Start Date: 6/7/2021 Work Complete Date: 2/16/2022 Completed number of Soil Lab Test: 170 Completed number of Water Test: 4 Page 2 of 2 FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name TALON HILL,PHASE III Contract Limits Project Type PAVING City Project Numbers 102190 DOE Number 2190 Estimate Number 1 Payment Number 1 For Period Ending 3/21/2022 WD City Secretary Contract Number Contract Time 49M Contract Date Days Charged to Date 164 Project Manager NA Contract is 100.00 Complete Contractor MCMAHON CONTRACTING,LP P.O.BOX 153086 IRVING, TX 75015 Inspectors OWEN / BRADLEY Monday,March 21,2022 Page 1 of 4 City Project Numbers 102190 DOE Number 2190 Contract Name TALON HILL,PHASE III Estimate Number I Contract Limits Payment Number I Project Type PAVING For Period Ending 3/21/2022 Project Funding PAVING Item Estimated Estimated Completed Completed Description of Items Unit Unit Cost No. Quanity Total Quanity Total --------------------------------------- 1 HYDRATED LIME 80 TN $219.75 $17,580.00 80 $17,580.00 2 6"LIME TREATMENT 5330 SY $10.94 $58,310.20 5330 $58,310.20 3 6"CONC PVMT 4997 SY $37.18 W5,788.46 4997 $185,788.46 4 5"CONC SIDEWALK 2140 SF $7.08 $15,151.20 2140 $15,151.20 5 BARRIER FREE RAMP 1 EA $2,832.00 $2,832.00 1 $2,832.00 Sub-Total of Previous Unit $279,661.86 $279,661.86 ST SIGN Item Estimated Estimated Completed Completed Description of Items Unit Unit Cost No. Quanity Total Quanity Total --------------------------------------- 1 STREET NAME BLADE 16 EA $40.00 $640.00 16 $640.00 2 STOP SIGN 2 EA $80.00 $160.00 2 $160.00 3 STREET NAME SIGNPOST 4 EA $266.50 $1,066.00 4 $1,066.00 --------------------------------------- Sub-Total of Previous Unit $1,866.00 $1,866.00 Monday,March 21,2022 Page 2 of 4 City Project Numbers 102190 DOE Number 2190 Contract Name TALON HILL,PHASE III Estimate Number I Contract Limits Payment Number 1 Project Type PAVING For Period Ending 3/21/2022 Project Funding Contract Information Summary Original Contract Amount $281,527.86 Change Orders Total Contract Price $281,527.86 Total Cost of Work Completed $281,527.86 Less %Retained $0.00 Net Earned $281,527.86 Earned This Period $281,527.86 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 $281,527.86 Monday,March 21,2022 Page 3 of 4 City Project Numbers 102190 DOE Number 2190 Contract Name TALON HILL,PHASE III Estimate Number I Contract Limits Payment Number 1 Project Type PAVING For Period Ending 3/21/2022 Project Funding Project Manager NA City Secretary Contract Number Inspectors OWEN / BRADLEY Contract Date Contractor McMAHON CONTRACTING,LP Contract Time 40 WD P.O.BOX 153086 Days Charged to Date 164 WD IRVING, TX 75015 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 $281,527.86 Less %Retained $0.00 Net Earned $281,527.86 Earned This Period $281,527.86 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 $281,527.86 Monday,March 21,2022 Page 4 of 4 FORTWORTH. TRANSPORTATION AND PUBLIC WORKS March 21, 2022 McMahon Contracting, L.P. 3019 Roy Orr Blvd. Fort Worth TX 75050 RE: Acceptance Letter Project Name:Talon Hills Phase III Project Type: Developer Paving City Project No.: 102190 To Whom It May Concern: On March 4, 2022 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 March 21, 2022. 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 March 21, 2022, 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- 392-6251. Sincerely, Co ,, 4. Andrew Goodman, Project Manager Cc:Jason Bradley, Inspector Mark Owens, Inspection Supervisor Joe Rogers, Senior Inspector Victor Tornero, Program Manager A.N.A Consultant L.L.C., Consultant McMahon Contracting L.P., Contractor BYD Talon Hills Development, LLC, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev.8/20/19 BILLS PAID AFFIDAVIT FOR CONTRACTOR State of Texas § County of Dallas § BEFORE ME, the undersigned authority, on this day personally appeared Chris Young, known to me to be a credible person and officer of McMahon Contracting and who, being duly sworn, upon his oath declares and acknowledges as follows: 1. I am a duly authorized agent of McMahon Contracting LP, which has authorized me to make this affidavit, and all of the recitations herein are true and correct. 2. Pursuant to Private Development Contract No. IFB 19-0143 1 City Project 4 102190 between The City of Fort Worth and McMahon Contracting LP for Talon Hills (Phase II1), McMahon Contracting LP has supplied materials and performed labor in connection with the construction of improvements on real property owned by City of Fort Worth in the City of Fort Worth ("the improvements"), 3. McMahon Contracting LP has actual knowledge that all bills owed by The City of Fort Worth to McMahon Contracting LP for materials supplied or labor performed in connection with the improvements have been fully paid and satisfied. 4. McMahon Contracting LP has actual knowledge that all bills owed by McMahon Contracting LP to others for materials supplied or labor performed in connection with the improvements have been fully paid and satisfied. 5. McMahon Contracting LP has actual knowledge that there are no claims or liens for materials supplied or labor performed in connection with the CIP Contract. 6. McMahon Contracting LP further warrants that should any claim or lien be filed for material supplied or labor performed in connection with the CIP Contract, McMahon Contracting LP will immediately furnish a bond pursuant to Texas Property Code Sections 53.236 through 53.238 for release of each the claim or lien, obtain settlement of any claim or Iien, and furnish the City of Fort Worth written full release. McMahon Contracting LP agrees to fully indemnify and hold harmless the City of Fort Worth from any and all costs that may occur by reason of such claims or liens. EXECUTED this a4�1 day of �Jjd[KCh . , 20-2• McMahon Contracting LP By NAME: TITLE: STATE OF TEXAS COUNTY OF DALLAS ,� A 0h This instrument was acknowle ged before me on l�a�c1�2�. v2 . b 1l ii , . of AdCMdhLQ CwI46 a S corporation, on behalf of said corporation. f [NOTARY PUBLIC T NOT 9 Y PUBLIC o`PPY P�8` S. ELLEY MCMAHON Notary public * ; State of Texas �r9jfof`E�o-my Comm�EX I es 8 04-2©22 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT SURETY CONTRACTOR ❑❑ Conforms with the American Institute of OTHER Architects,AIA Document G707 Bond No 9378254 PROJECT: (name, addreSS)Talon Hill, Phase III-COFW Fort Worth, TX TO (Owner) BYD TALON HILL DEVELOPMENT, LLC AND CITY OF] ARCHITECT'S PROJECT NO: CFA No.2019-0098 FORT WORTH CONTRACT FOR: 1105 Glade Road,Suite 100 Talon Hill,Phase III-COFW Project No. 102190-Paving Improvements Colleyville TX 76034 --J CONTRACT DATE: CONTRACTOR: MCMAHON CONTRACTING, LP In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the )hare insert name and address of Surety Company) COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 1299 Zurich Way Schaumburg IL 60196 , SURETY COMPANY on bond of there insert name and address of Contractor} MCMAHON CONTRACTING, LP 3019 Roy Orr Blvd. Grand Prairie TX 75050 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) BYD TALON HILL DEVELOPMENT, LLC AND CITY OF FORT WORTH 1105 Glade Road, Suite 100 Colleyville TX 76034 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this 24th day of March, 2022 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Surety Company Attest: .�t�ts�—` (SeaI): Signature of Authorized Representative Robb' Morales Attorney-in-Fact Title NOTE: This form is to be used as a companion document to ALA DOCUMENT G706. CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"). by Robert D.Murray,Vice President, in pursuance of authority granted by Article 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 Ricardo J.REYNA,Tina MCEWAN, Don E.CORNELL,Joshua SAUNDERS,Robbi MORALES,Sophinie HUNTER, Kelly A. WESTBROOK,Tanie PETRANEK,Mikaela PEPPERS of Dallas,Texas, EACH, its true and lawful agent and Attorney-in- Fact,to make,execute,seal and deliver.for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,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 if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills.Maryland..and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. 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-Laws 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 ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARIT,AND,this 1 1 th day of May.A.D.2021. p 91�0lr� ab o # a fry ATTEST: ZttRICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASL ALTV AND SITRET17 COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Tire President By: ,Dawn E.Brown Secretary State of Maryland County of Baltimore On this I Ith day at' May. A.D. 2021. before the subscriber,a Notary Public of the State of Maryland.duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E,Brown,Secretary of the Companies,to me personally known to be die individuals and officers descrihed in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swam,deposeth and saith.that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate 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 of the said Corporations, IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above writtenCL 445,11111!(/,f' 3•..Ptr�4::-S; Constance A.Dunn.Notary Public fit, My Commission Expires Julv 9,2023 117151144 Authenticity of this bond can be confirmed at bond validator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8.Attornevs-in-Fact. The Chief Ixecutive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to a[tix the corporate seal thereto:and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned. Vice President of the ZURICH AMERICAN fNSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate:and I do further certify that Article V.Section S.of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company," This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held an the 5th day of May. 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May. 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President. Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,1 have hereunto subscribed my name and affixed the corporate seals of the said Companies. this 24th day of 'March _2022• *'0 pLlpjr' ass. � ]A s O By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reaortsfclainis@zurichtta.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zu rich na.com or 410-559-8790