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HomeMy WebLinkAboutContract 56054-FP1FORT WORTH. -FP1 City Secretary Contract No. 56054 Date Received 05/19/2023 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: Highwoods Village City Project No.: 103147 Improvement Type(s): ❑ Paving Original Contract Price: Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete: a., 7x Q RtZn Masten (Mav 17, 2023 15 52 CDT) Contractor Project Manager Title Moss Utilities Company Name 0 .4'� Project Inspector Project Manager � '^ Rebecca Diane Owen (Mae 19, 2023 0833 CDT) CFA Manager TPW Director William J,hn,,n W1 19 �07309'16 CDT) Asst. City Manager ❑x Drainage ❑ Street Lights $65,410.00 -$1,551.00 $63, 859.00 May 17, 2023 Date May 18, 2023 Date May 19, 2023 Date May 19, 2023 Date May 19, 2023 Date May 19, 2023 Date ❑ Traffic Signals OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 2 Notice of Project Completion Project Name: Highwoods Village City Project No.: 103147 City's Attachments Final Pay Estimate x❑ Change Order(s): X❑ Yes El N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time 90 WD Days Charged: 351 Work Start Date: 9/13/2021 Work Complete Date 4/20/2023 Completed number of Soil Lab Test: 281 Completed number of Water Test: 7 Page 2of2 FoRTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name HIGHWOODS VILLAGE Contract Limits Project Type DRAINAGE IMPROVEMENTS City Project Numbers 103147 DOE Number 3147 Estimate Number 1 Payment Number 1 For Period Ending City Secretary Contract Number Contract Date Project Manager NA Contractor MOSS UTILITIES, LLC 18631 REMBRANDT TERRACE DALLAS , TX 75287 Inspectors W. MILLER / O. AGUILLON Contract Time Days Charged to Date Contract is 100.00 5/3/2023 WD 9WD 351 Complete Wednesday, May 3, 2023 Page 1 of 4 City Project Numbers 103147 Contract Name HIGHWOODS VILLAGE Contract Limits Project Type DRAINAGE IMPROVEMENTS Project Funding UNIT lII: DRAINAGE IMPROVEMENTS DOE Number 3147 Estimate Number 1 Payment Number 1 For Period Ending 5/3/2023 Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 10' CURB INLET 2 EA $5,100.00 $10,200.00 2 $10,200.00 2 15' CURB INLET 1 EA $7,300.00 $7,300.00 1 $7,300.00 3 24" RCP, CLASS lII 285 LF $87.00 $24,795.00 285 $24,795.00 4 2 1 " RCP, CLASS III (CO #2) 46.5 LF $66.00 $3,069.00 46.5 $3,069.00 5 4' STORM JUNCTION BOX 2 EA $6,745.00 $13,490.00 2 $13,490.00 6 TRENCH SAFETY 355 LF $3.00 $1,065.00 355 $1,065.00 7 POST CCTV INSPECTION 355 LF $2.00 $710.00 355 $710.00 8 -------------------------------------- CONNECT TO EXISTING 20' CURB INLET 1 EA $3,230.00 $3,230.00 1 $3,230.00 -------------------------------------- Sub-Total of Previous Unit $63,859.00 $63,859.00 Wednesday, May 3, 2023 Page 2 of 4 City Project Numbers 103147 Contract Name HIGHWOODS VILLAGE Contract Limits Project Type DRAINAGE IMPROVEMENTS Project Funding Contract Information Summary Original Contract Amount Change Orders Change Order Number 2 Total Contract Price DOE Number 3147 Estimate Number 1 Payment Number 1 For Period Ending 5/3/2023 $65,410.00 ($1,551.00) $63,859.00 Total Cost of Work Completed $63,859.00 Less % Retained $0.00 Net Earned $63,859.00 Earned This Period $63,859.00 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 $63,859.00 Wednesday, May 3, 2023 Page 3 of 4 City Project Numbers 103147 Contract Name HIGHWOODS VILLAGE Contract Limits Project Type DRAINAGE IMPROVEMENTS Project Funding Project Manager NA Inspectors W. MILLER / O. AGUILLON Contractor MOSS UTILITIES, LLC 18631 REMBRANDT TERRACE DALLAS , TX 75287 DOE Number 3147 Estimate Number 1 Payment Number 1 For Period Ending 5/3/2023 City Secretary Contract Number Contract Date Contract Time 90 WD Days Charged to Date 351 WD 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 $63,859.00 Less % Retained $0.00 Net Earned $63,859.00 Earned This Period $63,859.00 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 $63,859.00 Wednesday, May 3, 2023 Page 4 of 4 DEVELOPER -AWARDED -PROJECT CHANGE ORDER PROJECT NAME: Hiqhwood Village CHANGE CONTRACT: ORDER No: CFA # CFA21-0038 CITY PARTICIPATION: No CITY PROJECT # 103147 DOE # IPRC20-0170 2 FID # 30114-0200431-103147-EO7685 FILE # W-2756 INSPECTOR: Oscar Aguillon Phone No: 817-392-8306 PROJECT MANAGER: Andrew Goodman Phone No: 817-392-6251 CONTRACT UNIT WATER SEWER PAVING DRAINAGE STREET LIGHTS CONTRACT Developer Developer Developer Developer Developer DAYS Cost City Cost Cost City Cost Cost Cost Cost City Cost Cost City Cost IORIGINAL CONTRACT $160,720.00 $251,400.01 $341,551.50 $65,410.00 $40,742.40 (EXTRAS TO DATE (CREDITS TO DATE $4,800.00 ICONTRACT TO DATE $155,920.00 0.00 $251,400.01 $0. $341,551.50 $0.00 $65,410.00 $0.00 $40,742.40 $0.00 0 (AMOUNT OF PROP, CHANGE ORDER $1 551.00 I REVISED CONTRACT AMOUNT $155,920.00 o $251,400.01 $341,551.50 $0.00 $63,859.00 $0.00 $40,742.40 $0.00 0 TOTAL REVISED CONTRACT AMOUNT PER UNIT $155,920.00 $251,400.01 $341,651.50 $63,859.00 j $40,742.40 REVISED COST SHARE Dev. Cost: $853,472.91 TOTAL REVISED CONTRACT $853,472.91 Revised: 10-12-2011 Page 1 You are di rectedto make the following changes in the contract documents: CITY BID ITEM PAY ITEM # # QUANTITY UNIT 3341.0201 4 23.5 EA TOTAL REASONS FOR CHANGE ORDER Removed 23.5' of 21"RCP, Class !ll ITEM DESCRIPTION 21" RCP, Class III UNIT PRICE TCTAL ($66.00) ($1,551.00) NO CITY FUNDS INVOLVED IN THIS CONTRACT, DEVELOPER IS RESPONSIBLE FOR 100% OF THE CHANGE ORDER COST AND NO REIMBURSEMENT FROM THE CITY WILL BE SOUGHT BY THE DEVELOPER, RECOMMENDED: APPROVED: CG neerin , Inc. ECM DevveMm eat�l..LC By:44 By. `r Name: Lo_ n McWhorter, P.E. Name: TJ Moore Title: Senior Proiect Manager Title: President APPROVED: Moss Utilities, LLLC By: /LLl 79 Name: Ken Moore Title: Proiect Manaqer ($1,551.00) Revised: 10-12-2011 Page 2 FORTWORTH. M, TRANSPORTATION AND PUBLIC WORKS May 3, 2023 Moss Utilities, LLC 3300 Rock Island Rd. Irving, TX 75060 RE: Acceptance Letter Project Name: Highwoods Village Project Type: 01,02,04 City Project No.: 103147 To Whom It May Concern: On April 20, 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 May 3, 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 May 3, 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- 392-6251. Sincerely, Andrew Goodman, Project Manager Cc: Oscar Aguillon, Inspector Wade Miller, Inspection Supervisor Manny Nieto, Senior Inspector Victor Tornero, Program Manager DCG Engineering, Consultant Moss Utilities,LLC, Contractor ECM Development, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev. 8/20/19 Final Bills Paid Affidavit By Contractor BEFORE ME, the undersigned authority, personally appeared Garrett Moss (hereinafter referred to as "Contractor"), known to me to be credible person, and after being by me duly sworn, upon oath stated and affirmed that: "My name is Garrett Moss and I am the President Of Moss Utilities, LLC hereafter sometimes referred to in this affidavit at "Contractor". Contractor's business address is11050 Ables Ln, Dallas, TYfg�229 undersigned Contractor has personal knowledge of the facts stated herein and has full authority to make the agreements in this affidavit on behalf of Contractor. Pursuant to and in accordance with a written construction contract between Moss utilities, LLC, Contractor, and City of Fort worth Owner, Contractor furnished materials and labor for the construction, renovation, or repair of improvements located on or relating to project known as Highwoods village located at Randoll Mill & High woods Trail, Fort Wo ;th, Tx 76112 Tarrent County, Texas, legally described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property"). All work provided for under said written construction contract, together with all changes and supplements thereto, has been fully completed in accordance with the terms and provisions thereof. Contractor has paid each of its subcontractors, laborers, suppliers and materialmen in full for all labor and materials provided to Contractor for or in connection with the construction, renovation, or repair of improvements on or relating to the subject Property, or any portion thereof, excepting only the amounts owed for the following specified bills to the persons identified below. Contractor warrants and represents that the following specified bills will be paid by Contractor from funds paid by Owner in reliance on this Bills Paid Affidavit: Name of Payee Address Telephone No. Amount Owed Other than the above specified bills owed to above referenced persons, Contractor is not aware of any unpaid bills, claims, demands, or causes of action by any of its subcontractors, laborers, suppliers, or materialmen for or in connection with the furnishing of labor or materials, or both, for the construction renovation, or repair of improvements located on or related to the subject Property. Contractor further understand that this Final Bills Paid Affidavit is being given pursuant to and in accordance with Sections 53.085 and 53.259 of the Texas Property Code. Contractor hereby indemnifies and holds harmless Owner from any and all claims, demands or causes of action, and any costs, expenses, and attorney's fee incurred in connection therewith, arising from or connected therewith, arising from or connected with, the statements and representations contained herein. EXECUTED this 8 day of May 2023 D-3 Moss Utilities, LLC [Name of Contractor Company] By: a_, Name: / Aarrett Moss Title: President Notary Acknowledgment Before me, the undersigned authority, on this day personally appeared Garrett Moss , who first being duly sworn by me to be the person whose name is subscribed to the foregoing Final Bills Paid Affidavit, acknowledged that he/she has the authority to make this Final Bills Paid Affidavit, and further acknowledged to me that he/she executed the same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 8 day of May 12023 (seal) JEWCA DCANN DAVI Koury Public. Stets of i■ns Comm. Fmi-s 12-es�2026 �'ryn'•.J� mMwy ID 133d82603 D-4 7 Npry Public, State of Texas N/ y commission expires 12/09/2025 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ SURETY ❑ AIA DOCUMENT G707 OTHER Bond No. GSB5900022 PROJECT: Highwoods Village - CFA Number CFA20-0170 - #2137 (name, address) TO (Owner) [ EMC Development, LLC ] ARCHITECT'S PROJECT NO: 201 E. Lamar Suite 290 Arlington, TX 76006 CONTRACT FOR: [ ] CONTRACT DATE: July 19, 2021 CONTRACTOR: Moss Utilities, LLC 11050 Ables Lane Dallas, TX 75229 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) The Gray Insurance Company P.O. Box 6202 Metairie, LA 70009 , SURETY COMPANY, on bond of (here insert name and address of Contractor) Moss Utilities, LLC 11050 Ables Lane Dallas, TX 75229 , 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) EMC Development, LLC 201 E. Lamar Suite 290 Arlington, TX 76006 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 17th Attesf (Seal): day of May The Gray Insurance Company Surety Company C' &AJ A �� J�di7Cprr Signature of Authorized Rep#ntative Sandra Lee Roney Title ,OWNER, 2Q23 Attornev-In-Fact NOTE: This form is to be used as a companion document to AIA DOCUMEW G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707 • CONSENT OF S -RPTY COM�RkUY TO FINL'PAYMENT • APRIL 1970 EDITION • AIA® ONE PAGE © 1970 • THE AMERICAN INSTITUTE OF k.RCHI': EC'2-1735,New York Ave., NW, WASHINGTON, D.C. 20006 Acrisure, LLC 04/17/202315:24 2656368CB861 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GSB5900022 Principal: Moss Utilities. LLC Project: Highwoods Village - CFA Number CFA20-0170 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Michael Donald Hendrickson, Byran Kelly Moore, Betty J. Reeh, Elizabeth Ortiz, Ana Owens, Andrew Gareth Addison, Patrick Thomas Coyle, Debra Lee Moon, Andrea Rose Crawford, Sandra Lee Roney, Troy Russell Key, and Colin E. Conly of Addison, Texas jointly and severally on behalf of each of the Companies named above its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 261 day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed and these presents to be signed by their authorized officers this 41 day of November, 2022. 5 U R Ny JrPNS Y, 4tigG � / s _. SEAL 1- By: SEAL s 1� �• Michael T. Gray * President Cullen S. Piske State of Louisiana The Gray Insurance Company President ss: The Gray Casualty & Surety Company Parish of Jefferson On this 4's day of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. Q Leiril Anne Henican Notary Public Notary ID No, 92653 Leigh Anne Henican Orleans Parish, Louisiana Notary Public, Parish of Orleans State of Louisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 17th day of Mav 12023 I, Leigh Anne Henican,/Secretary of The Gray Casualty & Surety Company , do hereby, certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effecLIN WI^F_ LESS WHEREOF, I have set my hand and affixed the seals of the CompanyQ hiis� 17th day of Mav 2023:-. SEAL rib oL v 00 TME Ce:JIRAY SURETY The Gray Insurance Company The Gray Casualty & Surety Company Statutory Complaint Notice To obtain information or to make a complaint: You may contact the Surety via telephone for information or to make a complaint at: 1-504- 754-6711. You may also write to the Surety at: Gray Surety P.O. Box 6202 Metairie, LA 70009-6202 You may also contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write to the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become part of condition of the attached document. This notice is written under a complete reservation of rights. Nothing herein shall be deemed to be an estoppel, waiver or modification of any of Gray's rights or defenses, and Gray hereby reserves all of its rights and defenses under any general agreement of indemnity, contracts, agreements, bonds, or applicable law.