HomeMy WebLinkAboutContract 53819-FP1FORT WORTH,
PARK & RECREATION DEPARTMENT
NOTICE OF PROJECT COMPLETION
-FP1
City Secretary No: 53813
Date Received:10/26/2023
City Project NO: 101769
Regarding contract 53813 _ Chisholm Trail Park Phase 2 for as required by the PARK & RECREATION
DEPARTMENT as approved by City Council on 3/23/2021 through M&C 21-0220 the director of the PARK &
RECREATION DEPARTMENT upon the recommendation of the Assistant Director of the Park & Recreation
Department has accepted the project as complete.
Original Contract Prices:
Amount of Approved Change Orders:
Revised Contract Amount:
Total Cost Work Completed:
Less Deductions:
Liquidated Damages:
Pavement Deficiencies:
Total Deduction Amount:
Total Cost Work Completed:
Less Previous Payments:
Final Payment Due
Recommended for Acceptance Asst. Director,
PARK & RECREATION DEPARTMENT
Accepted
Director, PARK & RECREATION DEPARTMENT
Asst. City Manager
$ 2,904,234.48
$ 2,904,234.48
Days ® $650.00/ Day
S2,904,234.48
$ 2,759,022.76
$145,211.72
Oct 23, 2023
Date
Oct 23, 2023
Date
Oct 26, 2023
Date
Comments: OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
C-620 Signature Page
Contractor's Application for Payment Invoice No. FINAL
To (Owner) City of Fort Worth
Invoicing Period (From - To): Invoice Date:
R O. FW080-0000004992
From (Contractor): Remit to ( If Not Automatic Deposit ):
Number:
Fain Group Inc
Project: 101769
Contractors CFW Vendor No.:
0000027241
City Secretary Contract 53813
Contract
Chisholm Trail Park Phase 2
Number:
Name:ame:
N
Application For Payment
Chance Order Summary
_Approved Change Orders
1. ORIGINAL CONTRACT PRICE.........................................................
$ $2,904,234.48
Number Additions
Deletions E. Net change by Change Orders...............................................................
$
1
3. Current Contract Price (Line 1 t 2)......................................................
$ $2,904,234.48
2
4. TOTAL COMPLETED AND STORED TO DATE
3
(Progress Estimate, Construction Allowance and Change Orders)......
15.
$ $2,904,234.48
4
RETAINAGE:
5
a• X $2-904-234.48 Work Completed.........
$
6
b. X Not Used
$
7
c. Total Retainage (Line 5a + Line 5b)..............................
$
8
6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c)............................
$ $2,904,234.48
TOTALS
7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application).......
$ $2,759,022.76
NET CHANGE BY
S. AMOUNT DUE THIS APPLICATION ................................................
$ $145,211. 72
CHANGE ORDERS
9. BALANCE TO FINISH, PLUS RETAINAGE
(Column G on Progress Estimate+ CA + Cos + Line 5 above}............
$
Contractor's Certification
The Contractor certifies with the submittal ofthis document and associated Payment Request Submittal
on the City of Fort Worth Buzzsaw system that to the best of their knowledge: (1) all previous progress
payments received from Owner on account of Work done under the Contract have been applied on
account to discharge Contractor's legitimate obligations incurred in connection with Work covered by
prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said
Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of
payment free and clear of all Liens, security interests and encumbrances (except such as are covered by
a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or
encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the
Contract Documents and is not defective.
La Frazier R15ct 11, 202316:42 CDT)
10. CONTRACT TIME:
® Consent of Surety
Affidavit of Bills Paid
a, Days Awarded 865
b, Days Added by CO
C. Total Days 865
d. Days Charged 779
e, Days Remaining 86
This document has been modified from its original form as an EJCDC document and the user did not highlight the
modifications. You are encouraged to read the document carefully and consult Legal Counsel prior to its execution.
Progress Estimate City Secretary
Contract Num:
For (contract): Chisholm Trail Park Phase 2
Application Period:
A
Item
Bid Item No. Description Specification Unit of Bid Quantity Unit Price
Section No. I Measure
DESIGN COSTS
1-01
Project Management
1-02
Site Survey - Topo Mapping
1-03
Easement Removal (Northeast Property)
1-04
Site Design and Layout
1-05
Civil Engineering
1-06
Stuructural Engineering
1-07
Skatepark Design
1-08
Electrical Engineering
1-09
Soccer Field Lighting Design Costs
1-10
Drainage Study
CONSTRUCTION COSTS
2-01
Placeholder j
2-02
Bonds
2-03
Skatepark - Mobilization
2-04
Skatepark - Drainage Installation
2-05
Skatepark - Excavation/Prep
2-06
Skatepark - Cast In Place Features
2-07
Skatepark - Shotcrete Preparation
2-08
Skatepark - Shotcrete
2-09
Skatepark - Flatwork
2-10
Skatepark - Management Fee
2-11
Skatepark Lighting
2-12
Soccer Field - Lighting (Light Pole Purchasing)
2-13
Soccer Field - Service Upgrade (New Box & Assembly)
2-14
Soccer Field - Pole Foundations
2-15
Soccer Field - Light & Pole Assembly (Pole & Fixtures Ass.)
2-16
Soccer Field - Underground Conduit, Bore, Wire
2-17
Design Build Fee
CHISHOLM TRAILS PARK - NORTH
3-01
North Parking Lot
3-02
Playground -Accessible Equipment
3-03
Playground Concrete
3-04
Concrete Sidewalk
3-05
Handicap Ramps
3-06
Large Pavilion
3-07
Pavilion Slab
3-08
Site Amenities
3-09
Enhanced Walk Area
3-10
SWPPP
3-11
Light Poles
LS 1.00
$11,500.00
LS 1.00
I $16,500.00
LS 1.00
I $3,500.00
LS 1.00
I $73,500.00
LS 1.00
I $7,500.00
LS 1.00
I $5,000.00
LS 1.00
I $65,000.00
LS 1.00
I $10,500.00
LS 1.00
I $50,000.00
LS 1.00
$10,000.00
LS 1.00
LS 1.00
I $43,803.00
LS 1.00
I $36,250.00
LS 1.00
I $50,465.00
LS 1.00
I $168,280.00
LS 1.00
I $101,010.00
LS 1.00
I $114,795.00
LS 1.00
I $123,200.00
LS 1.00
I $66,000.00
LS 1.00
I $28,250.00
LS 1.00
I $135,850.00
LS 1.00
I $371,897.00
LS 1.00
I $45,949.00
LS 1.00
I $32,874.00
LS 1.00
$45,780.00
LS 1.00
I $138,500.00
LS 1.00
I $191,149.00
I
I
53813
B
Bid Value
$168,28
$101,01
$114,79
$123,20
$135,850
$371,897
$45,
$138,
$191,
SF
28718.00
$5.80
$166,56
LS
1.00
$173,289.00
$173,28
LS
1.00
$17,149.60
$17,14
SF
12042.00
$5.40
$65,02
EA
2.00
$1,852.00
$3,70
LS
1.00
$62,582.00
$62,58
LS
1.00
$27,585.00
$27,58
LS
1.00
$18,902.00
$18,90
SF
2024.00
$8.75
$17,71
LS
1.00
$7,058.00
$7,05
EA
1.00
$5,500.00
$5,50
C
Estimated Quantity
Installed
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
1.00000000
28718.00000000
1.00000000
1.00000000
12042.00000000
2.00000000
1.00000000
1.00000000
1.00000000
2024.00000000
1.00000000
1.00000000
10
Value
$11,500.00
$16,500.00
$3,500.00
$73,500.00
$7,500.00
$5,000.00
$65,000.00
$10,500.00
$50,000.00
$10,000.00
$43,803.00
$36,250.00
$50,465.00
$168,280.00
$101,010.00
$114,795.00
$123,200.00
$66,000.00
$28,250.00
$135,850.00
$371,897.00
$45,949.00
$32,874.00
$45,780.00
$138,500.00
$191,149.00
$166,564.40
$173,289.00
$17,149.60
$65,026.80
$3,704.00
$62,582.00
$27,585.00
$18,902.00
$17,710.00
$7,058.00
$5,500.00
Progress Estimate
For (contract):
Chisholm Trail Park Phase 2
Application Period:
Item
Bid Item No.
Description
4-21
Watering
4-22
Design Build Fee
4-23
North Parking Lot
Totals
City Secretary 53 813
Contract Num:
A
B
C
Specification Unit of
Bid Quantity
Unit Price
Bid Value
Estimated Quantity
Section No. Measure
Installed
LS
1.00
$16,700.85
$16,700.85
1.00000000
LS
1.00
$5,325.31 1
$5,325.31
1.00000000
SF
301.51
$5.80
$1,748.76
301.51000000
$2,904,234.48
D
Value Pr(
$16,700.85
$5,325.31
$1,748.76
$2,904,234.48
City Secretary Contract Num: 53813
Application Period:
Funding Identification (FID)
On trial Contract
1 34018-2060000-101769-RETAIN
1 30110-2060000-101769-RETAIN
1 30110-2060000-104507-RETAIN
10
I0
10
I0
10
I0
10
I0
Change Order 1
1 34018-2060000-101769-RETAI N
1 30110-2060000-101769-RETAI N
1 30110-2060000-104507-RETAIN
10
I0
10
I0
10
I0
10
I0
Change Order 2
1 34018-2060000-101769-RETAIN
1 30110-2060000-101769-RETAIN
1 30110-2060000-104507-RETAIN
10
I0
10
I0
10
I0
10
I0
City of Fort Worth Summary of Charqes
Chisholm Trail Park Phase 2 I P. 0. :
0 I Application
Number:
Total Completed Amt Remaining
FW080-0000004992 Project Number: 101769
FINAL Application Date: 1/0/1900
Gross Retainage
Net
$115,636.52
$115,636.52
$26,100.92
$26,100.92
$3,474.28
$3,474.28
City of Fort Worth Summary of Charqes
City Secretary Contract Num: 53813
Chisholm Trail Park Phase 2 LO.:
FW080-0000004992
Project Number: 101769
Application Period:
0 I Appli
I FINAL
Application Date:
1/0/1900
Number:
Funding Identification (FID)
Total Completed Amt Remaining
Gross
Retainage
Net
Totals
134018-2060000-101769-RETAIN
$115,636.52
$115,636.52
130110-2060000-101769-RETAIN
$0.0(
$26,100.92
$26,100.92
130110-2060000-104507-RETAIN
$0.0(
$3,474.28
$3,474.28
10
$0.0(
10
$0.0(
10
$0.0(
10
$0.0(
10
$0.0(
10
qn rr
I0
10
Grand Total
$0.00 $0.00
$0.00
$145,211.72
$145,211.72
B
C D E
F G
H I
J
K
L
JSum of Amount
Column Labels
3 --• F
R—�::w.:+� Project
CF1-ActMty Ref
Budget Year 2020
2021
2022
0 3
4 30130
2060000
101769
1 RETAIN
(25,707.50)
(26,100.92)
104507
RETAIN
I
(3,474.28)
6.i 34018 1
2060000
101769
RETAIN
(9,775.15)]
(104,055.67)1
(114,180.21)1
(115,636.52)
7
—
(9,775.15)
(104,055.67)
(139,887.71)
(145,211.72)
FORTWORTH
TRANSPORTATION AND PUBLIC WORKS
September 15, 2023
Fain Group Contractor
P.O. Box 164308
Fort Worth Tx 76161
RE: Acceptance Letter
Project Name: Chisolm Trail Park Ph. 2
Project Type: 03
City Project No.: 101769
To Whom It May Concern:
On April 21, 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 15, 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 15, 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-
392-5734.
Sincerely,
'/ Fo
a'6 ' CY7
Carlos Gonzalez, Project Manager
Before & After Photos
Cc: Eric Tinner, Inspector
Wade Miller, Inspection Supervisor
Ariel Duarte, Senior Inspector
Jing Yang, Program Manager
New Line Skateparks Inc, Consultant
Fain Group, Contractor
N/A, Developer
File
E-Mail: TPW_Acceptance@fortworthtexas.gov
Rev. 8/20/19
CONSENT OF
OWNER o
SURETY COMPANY
ARCHITECT ❑
TO FINAL PAYMENT
CONTRACTOR ❑
.41A DOCUMENT G707
SURETY ❑
OTHER ❑
PROJECT: Chisholm Trail Park Phase Two Development
(name, address)
TO (Owner)City of Fort Worth
1000 Throckmorton
FT. Worth, TX 76102
CONTRACTOR: The Fain Group, Inc.
Bond 064819G
ARCHITECT'S PROJECT NO:
CONTRACT FOR:
CONTRACT DATE:
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
(here insert name and address orSurety Company)
Westfield Insurance Company
P O Box 5001
Westfield Center, OH 44251-5001
on bond of
(here insert name and address of Contractor)
The Fain Group, Inc.
P O Box 164308
Fort Worth, TX 76161
,SURETY COMPANY,
,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 O%viier)
City of Fort Worth
1000 Throckmorton
FT. Worth, TX 76102
.OWNER,
as set forth in the said Surety Company's bond
IN WITNESS WHEROF,
The Surety Company has hereunto set its hand this 18th day ep mber, 2023
Westfiel Insurance Co P
iny
Sure I Company
i
Signa—Cure of Authorized Repi nta ive
attest
(seal):
Johnny oss, Attorney -in -Fact
Title
NOTE: This form is to be Used as a companion document to AIA DOCUMENT G706. CONTRACTOR'S AFFIDAVIT OF PAYNI N'I' OF DEBT AND CLAIMS,
Current Edition
AIA DOCUMENT G707 " CONSENT OF SURETY COMPANY TO FINAL PAYMENT •APRIL 1970 EDITION •AIA
1970 THE AMERICAN INSTITUTE. OF ARCHITECTS, 1735 NEW YORK AVE. NW WASHINGTON, D.C. 2006
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 05t25122, FOR ANY PERSON OR PERSONS NAMED BELOW.
General POWER NO. 422001214
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH,
JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JOINTLY OR SEVERALLY
of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
t.,uwnHty i tt, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-i n- Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-i n- Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 25th day of MAY A.D., 2022 .
Corporate "
Seals ��SyR���'F'' �F n�Fl�•'USL,114
c,,a WESTFIELD NATIONAL INS" WESTFIELD INSURANCE URANCE COMPANY
Affixed
`�4i1RTF1PE`a OHIO FARMERS INSURANCE COMPANY
SEAL :1i -: SEAL : n_ �
1842
State of Ohio y:
County of Medina ss.: Gary W. tumper, Nationa Surety Leader and
Senior Executive
On this 25th day of MAY A.D., 2022 , before me personally came Gary W. Stumper to me Known, who, being by me duly sworn,
aid depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial W." ...,
Seal .``��1 A L ''••,,
Affixed
2'� r
State of Ohio ts+ ow'? o David A. Kotnik, Attorney at Law, Notary Public
County of Medina ss.: ;; y r s ; My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
rFof0'
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
n full force and effect. 44—
C, to Witness Whereof, I zhave hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 1 day of
16
~(.S ero SEAL �
=`CE" •c�' '`�• E f�: 3 � /�
Secretary
�;•, rw% 1848 • a:
•'` -``O `•� �� Frank A. Carrino, Secretary
BPOAC2 (combined) (03-22)
AFFIDAVIT OF BILLS PAID AND RELEASE OF LIENS BY CONTRACTOR
The undersigned The Fain Groun_. Inc (name of contractor) having furnished materials,
services and/or performed labor in connection with the construction of certain improvements for
and in consideration of the payment to the Contractor of the sum hereinafter specified does hereby
acknowledge and release as follows:
Upon the receipt of $145,211.72 for materials, services and/or labor performed by the
Contractor for the project (the "Work"); Contractor will waive and release any and all liens, rights
and interests (whether choate or inchoate, and including, without limitation, all mechanic's and
materialmen's liens under the Constitution and the statutes of the "Property" state) which are or
may be owed, claimed or held by Contractor in and to the Property and the improvements
constructed thereon by reason of the Work or otherwise, and Contractor will thereby RELEASE
AND FOREVER DISCHARGE any and all claims, debts, demands or causes of action the
Contractor has or may have as a result of the same including, without limitation, any liens of
Contract for the Work now or hereafter filed for record in said County.
Contractor represents, warrants, and certifies that all bills owed by the Contractor for materials
furnished and labor performed in connection with the Work have been or will be fully paid and
satisfied. If for any reason a lien or liens are filed for materials or labor against the Property by
virtue of the Contractor's participation in the Project by any person claiming by, through, or under
the Contractor, then Contractor will immediately obtain a settlement of such lien or liens and
obtain and furnish to the owners of the Property a release thereof. Contractor shall indemnify
such owners and their respective heirs, successors and assigns from any such bill or liens and
from all costs and expenses, including attorney's fees, incurred in discharging any such bills or
removing such liens.
Executed September 18, 2023.
Contractor Name: The Fain Group, Inc.
By: Larry Frazier
Title: President
S'gnatuJ
ubscribed and sworn
,20?�°l.
to before me under my
O
Witness
off. ckhl of office this
KRISTI TREES &a&ry Sigmature
`�� -
Notary Publio, State of Texas
comm. Expires 04.16-2027
Notary Nota ID 124427334
day of
Chisholm Trail Parks Phase II
Before & After Pictures
Chisholm Trail Park Phase II (CD6) Northwest Improvements— Before 2021
Chisholm Trail Park Phase 11 (CD6) Northwest Improvements — After 2023
Chisholm Trail Parks Phase II
Before & After Pictures
Chisholm Trail Park Phase II (CD6) Skatepark Extension & Lighting— Before 2021
Chisholm Trail Park Phase 11 (CD6) Skatepark Extension & Lighting — After 2023
Chisholm Trail Parks Phase II
Before & After Pictures
Chisholm Trail Park Phase II (CD6) Ballfield Lighting — Before 2021
Chisholm Trail Park Phase 11 (CD6) Ballfield Lighting — After 2023