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HomeMy WebLinkAboutContract 57298-FP2FORT WORTH. -FP2 City Secretary Contract No. 57298 Date Received 06/14/2023 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: TMS Champions HAPT City Project No.: 103772 Improvement Type(s): x❑ Paving Original Contract Price: Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete: � Var ncev Haves (Jun 1 202308:33 CDT) Contractor Vice President of Operations Title Embrey Builders LLC Company Name Kevin Jackson TJun 14, 202308:39 CDT) Project Inspector Project Manager Rebn ecca Dia a Owen (Jun 14. 202309:22 CDT) CFA Manager _A Lauren Prieur (Jun 14. 2023 09:26 CDT) TPW Director yJilli— Inhncnn(hJ 16 2023064CST) Asst. City Manager ❑x Drainage x❑ Street Lights ❑ Traffic Signals $83,586.00 -$2,520.00 $81,066.00 Jun 14, 2023 Date Jun 14, 2023 Date Jun 14, 2023 Date Jun 14, 2023 Date J u n 14, 2023 Date Jun 16, 2023 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 2 Notice of Project Completion Project Name: TMS Champions HAPT City Project No.: 103772 City's Attachments Final Pay Estimate x❑ Change Order(s): ❑x Yes ❑ N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time 90 WD Days Charged: 107 Work Start Date: 10/3/2022 Work Complete Date 5/17/2023 Completed number of Soil Lab Test: 182 Completed number of Water Test: 28 Page 2of2 FoRTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name TMS CHAMPIONS HAPT Contract Limits Project Type DRAINAGE, PAVING, LIGHTS City Project Numbers 103772 DOE Number 3772 Estimate Number 1 Payment Number 1 City Secretary Contract Number Contract Date 4/11/2022 For Period Ending 5/25/2023 WD Contract Time 9WD Days Charged to Date 107 Project Manager NA Contractor EMBREY BUILDERS, LLC 1020 NE LOOOP 410, SUITE 700 SANANTONIO, TX 78209 Inspectors CORDOVA / JACKSON Contract is 100.00 Complete Thursday, May 25, 2023 Page 1 of 4 City Project Numbers 103772 Contract Name TMS CHAMPIONS HAPT Contract Limits Project Type DRAINAGE, PAVING, LIGHTS Project Funding UNIT lII: DRAINAGE IMPROVEMENTS DOE Number 3772 Estimate Number 1 Payment Number 1 For Period Ending 5/25/2023 Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 4' STORM JUNCTION BNOX 1 EA $8,500.00 $8,500.00 1 $8,500.00 2 TRENCH SAFETY 10 LF $1.00 $10.00 10 $10.00 Sub -Total of Previous Unit $8,510.00 $8,510.00 UNIT IV: PAVING IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 10" CONCRETE DRIVEWAY 330 SF $11.00 $3,630.00 330 $3,630.00 2 4" CONO SIDEWALK 385 SF $9.00 $3,465.00 385 $3,465.00 3 BARRIER FREE RAMP TYPE P-1 2 EA $3,500.00 $7,000.00 2 $7,000.00 4 8" SLD PVMT MARKING TAPE (W) (CO #3) 0 LF $20.00 $0.00 0 $0.00 5 TOPSOIL 32 CY $25.00 $800.00 32 $800.00 6 BLOCK SOD PLACEMENT 96 SY $12.00 $1,152.00 96 $1,152.00 7 FURNISH/INSTALL ALUM SIGN GROUND 0 EA $2,000.00 $0.00 0 $0.00 MOUNT CITY STD (CO #3) 8 TRAFFIC CONTROL 3 MO $15,000.00 $45,000.00 3 $45,000.00 Sub -Total of Previous Unit $61,047.00 $61,047.00 UNIT V: STREET LIGHTING IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 RDWY ILLUM ASSMBLY TY 8,11,D-25 AND D- 1 EA $2,700.00 $2,700.00 1 $2,700.00 30 2 GROUND BOX TYPE B 1 EA $225.00 $225.00 1 $225.00 3 LED LIGHTING FIXTURE 1 EA $3,200.00 $3,200.00 1 $3,200.00 4 2" CONDT PVC SCH 80 (T) 48 LF $5.00 $240.00 48 $240.00 5 FURNISH/INSTALL TYPE 33B ARM 1 EA $4,500.00 $4,500.00 1 $4,500.00 6 NO 6INSULATED ELEC CONDR 144 LF $1.00 $144.00 144 $144.00 7 RDWY ILLUM FOUNDATION TY 1,2, AND 4 1 EA $500.00 $500.00 1 $500.00 Sub -Total of Previous Unit $11,509.00 $11,509.00 Thursday, May 25, 2023 Page 2 of 4 City Project Numbers 103772 Contract Name TMS CHAMPIONS HAPT Contract Limits Project Type DRAINAGE, PAVING, LIGHTS Project Funding Contract Information Summary Original Contract Amount Chanhe Orders Change Order Number 3 Total Contract Price DOE Number 3772 Estimate Number 1 Payment Number 1 For Period Ending 5/25/2023 $83,586.00 ($2,520.00) $81,066.00 Total Cost of Work Completed $81,066.00 Less % Retained $0.00 Net Earned $81,066.00 Earned This Period $81,066.00 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 $81,066.00 Thursday, May 25, 2023 Page 3 of 4 City Project Numbers 103772 Contract Name TMS CHAMPIONS HAPT Contract Limits Project Type DRAINAGE, PAVING, LIGHTS Project Funding Project Manager NA Inspectors CORDOVA / JACKSON Contractor EMBREY BUILDERS, LLC 1020 NE LOOOP 410, SUITE 700 SAN ANTONIO , TX 78209 DOE Number 3772 Estimate Number 1 Payment Number 1 For Period Ending 5/25/2023 City Secretary Contract Number Contract Date 4/11/2022 Contract Time 90 WD Days Charged to Date 107 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 $81,066.00 Less % Retained $0.00 Net Earned $81,066.00 Earned This Period $81,066.00 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 $81,066.00 Thursday, May 25, 2023 Page 4 of 4 DocuSign Envelope ID: 4A7CD817-AC3D-45AB-8BF9-84A89E9079BB DEVELOPER -AWARDED -PROJECT CHANGE ORDER PROJECT NAME: TMS CHAMPIONS HAPT CHANGE CONTRACT: PUBLIC WATER, WASTEWATER, STORM DRAIN, DRIVEWAYS & STREET LIGHT ORDER No: CFA # 21-0155 CITY PARTICIPATION: NO CITY PROJECT # 103772 3 FID # 30114-0200431-103772-EO7685 FILE # K-2872 X-27128 INSPECTOR: Kevin Jackson Phone No: (682) 328-7823 REVIEWED PROJECT MANAGER: Debbie J. Willhelm, PE Phone No: (817) 392-2481 By Debbie J. Willhelm at 4:39 pm, May 17, 2023 CONTRACT UNIT WATER SEWER PAVING DRAINAGE STREET LIGHTS CONTRACT Developer Developer Developer Developer Developer DAYS Cost City Cost Cost City Cost Cost City Cost Cost City Cost Cost City Cost ORIGINAL CONTRACT $301,264.00 $0.00 $88,218.00 $0.00 $63,567.00 $0.00 $8,510.00 $0.00 $11,509.00 $0.00 90 EXTRAS TO DATE $3,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 CREDITS TO DATE $1,950.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 CONTRACT TO DATE $302,414.00 $0.00 $88,218.00 $0.00 $63,567.00 $0.00 $8,510.00 $0.00 $11,509.00 $0.00 90 AMOUNT OF PROP. CHANGE ORDER ($500.00) $0.00 $0.00 $0.00 ($2,520.00) $0.00 $0.00 $0.00 $0.00 $0.00 0 REVISED CONTRACT AMOUNT $301,914.00 $0.00 $88,218.00 $0.00 $61,047.00 $0.00 $8,510.00 $0.00 $11,509.00 $0.00 90 TOTAL REVISED CONTRACT AMOUNT PER UNIT $301,914.00 $88,218.00 $61,047.00 $8,510.00 $11,609.00 REVISED COST SHARE Dev. Cost: $471,198.00 City Cos $0.00 TOTAL REVISED CONTRACT $471,198.00 Revised: 10-12-2011 Page 1 DocuSign Envelope ID: 4A7CD817-AC3D-45AB-8BF9-84A89E9079BB You are directed to make the following changes in the contract documents: UNIT I: WATER IMPROVEMENTS CITY BID ITEM PAY ITEM # # QUANTITY UNIT ITEM DESCRIPTION 9 3312.0001 -1 EA Fire Hydrant Assembly NEW 9999.0002 1 EA 1 1 /2" Water Meter for Flushing Device SUBTOTAL UNIT I: WATER IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS CITY BID ITEM PAY ITEM # # QUANTITY UNIT ITEM DESCRIPTION 4 3217.0203 -26 LF 8" SLID Pvmt Marking Tape 7 3441.4003 -1 EA Furnish/Install Alum Sign Ground ouni City Std. SUBTOTAL UNIT IV: PAVING IMPROVEMENTS REASONS FOR CHANGE ORDER Removed private items from contract. Reconciled quantities to match construction plans. UNIT PRICE TOTAL i $4,100.00 ($4,100.00) i $3,600.00 3,600.00 i i ($500.00)i i UNIT PRICE TOTAL 1 $20.00 $520.001 i $2,000.00 ($2,000.00) i ($2,520.00)1 i TOTAL ($3,020.00)1 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: KFM Engineering &P�pl,2e.oa itlP n„ Embrey Partners, LLC B David Pitcher �e,�.,a - B (uM.S v v �remy Williams Name: David Pitcher Name: Title: Professional Engineer Title: SVP APPROVED: Embrey Builders, LLC By: Name: Yancey Hayes Title: V.P. of construction operations Revised: 10-12-2011 Page 2 FORTWORTH. M, TRANSPORTATION AND PUBLIC WORKS May 23, 2023 Embrey Builders, LLC. 1020 NE Loop 410, Suite 700 San Antonio, TX 78209 RE: Acceptance Letter Project Name: TMS Champions HAPT Project Type: Water/Sewer/Paving/StreetLights City Project No.: 103772 To Whom It May Concern: On May 17, 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 25, 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 25, 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 Debbie J. Willhelm, PE (817) 392-2481 Office Debbie.Willhelm(&fortworthtexas.2ov. . Sincerely, ass" 2. Debbie Willhelm, Project Manager Cc: Kevin Jackson, Inspector Gary Deyon, Inspection Supervisor Troy Gardner, Senior Inspector Victor Tornero, Program Manager KFM Engineering and Design, Consultant Embrey Builders, Contractor Embrey Partners, LLC., Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev. 8/20/19 AFFIDAVIT STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Jesse Spivey, Multifamily General Manager Of Proficient Concrete, 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 the wage scale established by the City Council in the City of Fort Worth has been paid in full; That there are no claims pending for personal injury and/or property damages; On Contract described as; Champions Way DFW, LP BY, QJse Spry Subscribed and sworn before me on this date 2nd of June, 2023. K— Notary Public ; .oti�`a;,p�'%� AILYN GARCIA Dallas County, Tex _r;.Notery Public, state of Texas "°= Comm, Expires 08-19-2023 ��lilt Notary ID 132134581 AFFIDAVIT STATE OF Texas COUNTY OF Collin Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Drew Davis, President/Owner Of Davis Excavation, 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 the wage scale established by the City Council in the City of Fort Worth has been paid in full; That there are no claims pending for personal injury and/or property damages; On Contract described as; Champions Way DFW, LP BY Drew Davis Subscribed and sworn before me on this date 1 st of June, 2023. Notary Public Collin County, Texas g4Y �.' Kristen Alane Daniels My Commission Eores 04/19/2025 ID No.11873252 AFFIDAVIT STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared M. Jeffrey Hicks, President Of Bandera Utility Contractors, LLC., 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 the wage scale established by the City Council in the City of Fort Worth has been paid in full; That there are no claims pending for personal injury and/or property damages; On Contract described as; Champions Way DFW, LP _ r BY Name or Title Subscribed and sworn before me on this date 5th of June, 2023. SHERRI L. SHORT "Notary Public, Stat0 of Texaa Comm. Expires 0922-2026 Notary ID 133978982 Notary Public ` County, State U110, AFFIDAVIT STATE OF TEXAS COUNTY OF FORT BEND Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Clay Pope, Operations Manager Of MSF Electric Inc., 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 the wage scale established by the City Council in the City of Fort Worth has been paid in full; That there are no claims pending for personal injury and/or property damages; On Contract described as; Champions Way DFW, LP BY 4��� -Clay Pope / Operations Manager Subscribed and sworn before me on this date 02 of June, 2023. ta¢Y �Ut Norma Alicia Diaz My Commission Expires + uj, � 07/21/2023 Notary Public J 9 .aF ITNo. 128404680 Fort Bend, TX =_ TM Document G707 -1994 Consent Of Surety to Final Payment PROJECT: (Name and address) ARCHITECT'S PROJECT NUMBER: TMS Champions HAPT Project Number 103772 CONTRACT FOR: TMS Champions HAPT Maintenance Bond Number 4453379 Water, Sewer, Paving, Drainage and Streetlights TO OWNER: (Name and address) CONTRACT DATED: April 11, 2022 City of Fort Worth 1000 Throckmorton Street Forth Worth, TX 76012-6311 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 on bond of (Insert name and address of Contractor) Embrey Builders, LLC 7600 Broadway, Suite 300 San Antonio, TX 78209 OWNER: ARCHITECT: CONTRACTOR: SURETY: ❑ OTHER: ❑ ,SURETY, ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Fort Worth 1000 Throckmorton Street Forth Worth, TX 76012-6311 OWNER, as set forth in said Surety's bond, IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: 2nd Day of June, 2023 (Insert in writing the month followed by the numeric date and year.) SureTec Insurance Company (Surety) (Signature of authorized representative) Attest: Cassie C. Patton, Attorney -in -Fact (Seal): (Printed name and title) GGMP�� yi `�313tln�' AIA Document G707TM —1994. Copyright © 1982 and 1994 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:04:04 on 02/09/2009 under Order No.1000374646_1 which expires on 10/13/2009, and is not for resale. User Notes: (1452131059) POA# 4221964 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Catherine M. Martinez, Michael N. Venson, S. West Warren, Thomas E. Whitney, Donald E. Miller, Jr., Cassie C. Patton Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Ten Million and 00/100 Dollars ($10,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, Thatthe President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 14th day of December , 2022 . SureTec Insurance Company ssssttrrrrrMarke3fisurance C pany 6VFtAlVp Q�� rb By: w w >9 = .SEAL 'yv= By/ Michael C. Keimig, Preside a�il'j 5 t� �.��r''•,�� ,•' �?� ndey.len4l s, Vice President State of Texas County of Harris: On this 14th day of December , 2022 A. D., before me, a Notary Public of the State of Texas, In and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described In, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now In force, IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. .loci... -----� XENIA RIVAS Notary Public State of Texas Commission # 129117659 Commission Expires 9/10/24 By: x as, Not ry Public My co mission expires 9/10/2024 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY ofwhich the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 2nd day of June • 2023 0 �wr ASTecinsup;:nceComp y o p s vH By: y�`0�131in By M. Br t Beaty, As scant secre ry /arquis, elan ance Company A drew Assistanq Any Instrument Issued in excessof the penalty stated above is totally void and without any validity. 4221964 For verification of the authority of this Power you may call (713)812-0800on any businessday between 8:30 AM and 5:00 PM CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#: 512-490-1007 Web: htto://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS 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. SIC TX Rider TDI Required Notices rev 07_2022