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Home My WebLink AboutContract 59033-FP4FORT WORTHa City Secretary -FP4 Contract No. 59033 Date Received 02/05/2024 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: Trail of Elizabeth Creek Ph 6 City Project No.: 103333 Improvement Type(s): ❑ Paving ❑ Drainage Original Contract Price: Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete: 0 Street Lights ❑ Traffic Signals ml Feb 1, 2024 Contractor Date President Title Independent Utility Construction, Inc. Company Name Feb 1, 2024 AB,AN oiAZ (/ 07 51 CST) Project Inspector Date L Feb 1, 2024 Project Manager Date ,iOwce Feb 5, 2024 Rebecca en (Feb 5. 2024 08:13 CST) CFA Manager Date Feb 5, 2024 Lauren Prieur (Feb 5, 2024 08:27 CST) TPW Director Date Qp� Feb 5, 2024 Asst. City Manager Date $127,151.38 $33,379.04 $160,530.42 $160,530.42 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 2 Notice of Project Completion Project Name: Trail of Elizabeth Creek Ph 6 City Project No.: 103333 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 125 WD Work Start Date: 5/8/2023 Completed number of Soil Lab Test: 387 Completed number of Water Test: 12 Days Charged: 149 Work Complete Date: 12/29/2023 Page 2of2 FoRTWORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name TRAILS OF ELIZABETH CREEK Contract Limits Project Type STREET LIGHTING IMPROVEMENTS City Project Numbers 103333 DOE Number 3333 Estimate Number 1 Payment Number 1 City Secretary Contract Number Contract Date For Period Ending 12/19/2023 WD Project Manager NA Contractor INDEPENDENT UTILITY CONSTRUCTION 5109 SUN VALLEY DRIVE FORT WORTH, TX 76119 Inspectors D. WATSON / F. DIAZ Contract Time 3WD Days Charged to Date 149 Contract is 100.00 Complete Wednesday, January 31, 2024 Page 1 of 4 City Project Numbers 103333 Contract Name TRAILS OF ELIZABETH CREEK Contract Limits Project Type STREET LIGHTING IMPROVEMENTS Project Funding UNIT V: STREET LIGHTING IMPROVEMENTS Item Description of Items Estimated Unit No. Quanity 1 2" CONDT PVC SCH 80 (T) (CO #1) 1750 LF 2 RDWY ILLUM FOUNDATION TY 11 22 EA 3 6-6-6 TRIPLEX ALUM ELEC CONDUCTOR 1913 LF 4 RDWY ILLUM TYI 1 POLE 22 EA 5 F&I LED LIGHTING FIXTURE (70 WATT ATBO 22 EA COBRA HEAD) 6 FURNISH/INSTALL SCHOOL ZONE FLASHER ASSEMBLY (CO 5) DOE Number 3333 Estimate Number 1 Payment Number 1 For Period Ending 12/19/2023 Unit Cost Estimated Completed Completed Total Quanity Total $17.92 $31,360.00 1750 $31,360.00 $1,357.00 $29,854.00 22 $29,854.00 $4.34 $8,302.42 1913 $8,302.42 $2,164.00 $47,608.00 22 $47,608.00 $323.00 $7,106.00 22 $7,106.00 2 EA $18,150.00 $36,300.00 2 $36,300.00 Sub -Total of Previous Unit $160,530.42 $160,530.42 Wednesday, January 31, 2024 Page 2 of 4 City Project Numbers 103333 Contract Name TRAILS OF ELIZABETH CREEK Contract Limits Project Type STREET LIGHTING IMPROVEMENTS Project Funding Contract Information Summary Original Contract Amount Chanhe Orders Change Order Number 2 Change Order Number 5 Total Contract Price DOE Number 3333 Estimate Number 1 Payment Number 1 For Period Ending 12/19/2023 $127,151.38 ($2,920.96) $36,300.00 $160,530.42 Total Cost of Work Completed $160,530.42 Less % Retained $0.00 Net Earned $160,530.42 Earned This Period $160,530.42 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 $160,530.42 Wednesday, January 31, 2024 Page 3 of 4 City Project Numbers 103333 Contract Name TRAILS OF ELIZABETH CREEK Contract Limits Project Type STREET LIGHTING IMPROVEMENTS Project Funding Project Manager NA Inspectors D. WATSON / F. DIAZ Contractor INDEPENDENT UTILITY CONSTRUCTION 5109 SUN VALLEY DRIVE FORT WORTH, TX 76119 DOE Number 3333 Estimate Number 1 Payment Number 1 For Period Ending 12/19/2023 City Secretary Contract Number Contract Date Contract Time 30 WD Days Charged to Date 149 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 $160,530.42 Less % Retained $0.00 Net Earned $160,530.42 Earned This Period $160,530.42 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 $160,530.42 Wednesday, January 31, 2024 Page 4 of 4 DocuSign Envelope ID:7EC572A2-9F98-40OB-B909-94COBA145142 PROJECT NAME: CONTRACT: CFA # CITY PROJECT # DOE # FID # FILE # INSPECTOR: PROJECT MANAGER: ORIGINAL CONTRACT EXTRAS TO DATE CREDITS TO DATE CONTRACT TO DATE AMOUNT OF PROP. CHANGE ORDER REVISED CONTRACT AMOUNT TOTAL REVISED CONTRACT AMOUNT PER UNIT REVISED COST SHARE TOTAL REVISED CONTRACT DEVELOPER -AWARDED -PROJECT CHANGE ORDER Trails of Elizabeth Creek Phase 6 CHANGE Water, Sewer, Paving, Street Lights & Drainage Improvements ORDER No: 22-0138 CITY PARTICIPATION: No 103333 N/A 2 30114-0200431-103333-EO7685 26988 Fabian Diaz Phone No: 817-223-2248 Andrew Goodman Phone No: 817-392-6251 WATER SEWER Developer Developer Cost City Cost Cost City Cost $16,338.00 $11,403.60 $16,338.00 $0.00 $11,403.60 $0.00 $16,338.00 $0.00 $11,403.60 $0.00 $0.00 $0.00 Dev. Cost: $124,230.42 CONTRACT UNIT PAVING DRAINAGE Developer Developer Cost City Cost Cost City Cost $9,449.00 $0.00 $0.00 ($9,449.00) $0.00 $0.00 $0.00 ($9,449.00) $0.00 $0.00 $0.00 City Cost: $124,230.42 REVIEWED By Andrew Goodman at 12:02 pm, May 26, 2023 STREET LIGHTS Developer Cost City Cost $127,151.38 $127,151.38 $0.00 $ (2,920.96) $124,230.42 $0.00 $124,230.42 $0.00 CONTRACT DAYS 30 30 Revised: 10-12-2011 Page 1 DocuSign Envelope ID:7EC572A2-9F98-40OB-B909-94COBA145142 You are directed to make the following changes in the contract documents: Y BID PAY IDESCRIPTION TEM # I CI2605 3015M I OU--1163TY I ULFT I 2605.30115 TE2MCOND PVC SCH 80(T) TOTAL REASONS FOR CHANGE ORDER 1 Lots shifted due to change in lot layout, street light locations were revised and corrispond to revision 1 REVIEWED By Andrew Goodman at 12:02 pm, May 26, 2023 UNIT PRICE I TOTAL $ 17.92 $ (2,920.96) 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: ni9e,ring, Inc. QA1 QJ,' � By: .... Name: Ruby Rodriquez, PE Title: Project Engineer APPROVED: Fore &,J?pal Estate Group Inc. By: Name: Stephen Brim Title: Development Director APPROVED: Inde a iiJd1diW Construction Inc By: Name: Richard Wolfe Title: Preisdent Revised: 10-12-2011 Page 2 REVIEWED By Andrew Goodman at 9:17 am, Jan 02, 2024 DEVELOPER -AWARDED -PROJECT CHANGE ORDER PROJECT NAME: Trails of Elizabeth Creek Phase 6 CHANGE CONTRACT: Water, Sewer, Paving, Street Lights & Drainage Improvements ORDER No: CFA # 22-0138 CITY PARTICIPATION: No CITY PROJECT # 103333 DOE # N/A 5 FID # 30114-0200431-103333-EO7685 FILE # 26988 INSPECTOR: Fabian Diaz Phone No: 817-223-2248 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 I City Cost Cost City Cost Cost City Cost Cost City Cost Cost City Cost ORIGINAL CONTRACT $442,965.50 I $374,438.00 $752,985.15 $240,422.00 I $127,151.38 EXTRAS TO DATE $16,338.00 I $11,403.60 $61,906.10 CREDITS TO DATE I $9,449.00 I $2,920.96 CONTRACT TO DATE $459,303.50 $0.00 I $385,841.60 $0.00 $814,891.25 $0.00 $230,973.00 $0.00 I $124,230.42 $0.00 30 AMOUNT OF PROP. CHANGE ORDER I I $ 36,300.00 REVISED CONTRACT AMOUNT $459,303.50 $0.00 I $385,841.60 $0.00 $814,891.25F$O .00 $230,973.00E-$0-001 $160,530.42 $0.00 30 TOTAL REVISED CONTRACT AMOUNT PER UNIT $459,303.50 $385,841.60 $814,891.25 $230,973.00 $160,530.42 REVISED COST SHARE Dev. Cost: $1,665,698.17 City Cost: TOTAL REVISED CONTRACT $1,665,698.17 Revised: 10-12-2011 Page 1 DocuSign Envelope ID: BD4A52F0-BB48-4B4F-B30C-8D3EEAE58485 You are directed to make the following changes in the contract documents: CITY BID ITEM PAY ITEM # # QUANTITY UNIT Unit VI: Street Light Improvements 6 3441.1831 A TOTAL REVIEWED By Andrew Goodman at 9:17 am, Jan 02, 2024 ITEM DESCRIPTION 1 1 3441.1831 Furnish/Install School Zone Flasher Assembly UNIT PRICE TOTAL $ 18,150.00 $ 36,300.00 Total $ 36,300.00 $ 36,300.00 REASONS FOR CHANGE ORDER Unit VI: 6 Addition of traffic signs for school 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: APPROVED: LJA Engineering, Inc. Forestar (USA) Real Estate Group Inc. Independent Utility Construction Inc Rey R«� By. �-— —��— �� By: ��7 - By: r Name: Ruby Rodriquez, PE Name: Stephen Brim Name: Richard Wolfe Title: Project Engineer Title: Development Director Title: Preisdent Revised: 10-12-2011 Page 2 FORTWORTH. TRANSPORTATION AND PUBLIC WORKS January 30, 2024 Independent Utility Construction Inc 5109 Sun Valley Drive Fort Worth, Texas 76119 RE: Acceptance Letter Project Name: Trails of Elizabeth Creek Ph 6 Project Type: street lights City Project No.: 103333 To Whom It May Concern: On January 9, 2024 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 January 30, 2024. 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 January 30, 2024, 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, ¢¢�� GG►t�t�t,,J- �Xc�o Andrew Goodman, Project Manager Cc: Fabian Diaz, Inspector Donald Watson, Inspection Supervisor Oscar Aguillon, Senior Inspector Victor V Tornero Jr, Program Manager LJA Engineering Inc, Consultant Independent Utility Construction Inc, Contractor Forestar Real Estate Group, Inc, 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 RICHARD WOLFE, PRESIDENT Of INDEPENDENT UTILITY CONSTRUCTION, 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; Trails of Elizabeth Creek Phase 6 - C' roject No. 103333 BY Richard Wolfe, President Subscribed and sworn before ni/eon/�his date 3rd of January, 2024. Notary Public f Tarrant County, State of y PUa'L CHRISTINA GARCIA Texas Notary Public, State of Texas yr+P Comm. Expires 12-20-2024 Notary ID 130940785 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ OTHER (SIMILAR TO AIA DOCUMENT G707) PROJECT: Street Lighting Improvements to serve Trails of Elizabeth Creek Phase 6 (name, address) Fort Worth, TX TO (Owner) F— City of Fort Worth 200 Texas Street Fort Worth, TX 76102 1 CONTRACTOR: Independent Utility Construction, Inc. Bond No. 204148M ARCHITECT'S PROJECT NO: CONTRACT FOR: I 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 of Surety Company) Westfield Insurance Company 955 Garden Park Drive, Suite 230 , SURETY COMPANY, Allen, TX 75013 on bond of (here insert name and address of Contractor) Independent Utility Construction, Inc. 5109 Sun Valley Drive CONTRACTOR, Fort Worth, TX 76119 hereby approves of the final payment to the Contractor, and agrees that the final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Fort Worth 200 Texas Street Fort Worth, TX 76102 OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this Attest: (Seal): 3rd day of January 2024 WESTFIELD INSURANCE COMPANY Surety Company ��%/ By Signature of A honzzcd Re sentative Kyle W. Sweeney Attorney —in —Fact Title Note: This form is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims, Current Edition THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 09/28/23, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220052 06 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 CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY, DAVID W. SWEENEY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorneys) -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 fJiiin any penal limit. - - - - - - - - - - - - - - - - - • - - - - - - - - - - - - - - - - • - • - - - • - - - - - - • - - - - - . G UAF,THIS POWER OR BANK DEPOSITORY ATTORNEY BONDS. CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE 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)-in-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 28th day of SEPTEMBER A.D., 2023 . W,I,IWINN •,,,. Iilrl ,II , Corporate ++.•', % RA& ' 1,,• ��pNAkI � V ' WESTFIELD INSURANCE COMPANY Seals C f,......,..,•C�,%/{ p ,......, NSG,;i p e'; ?.• •• :^,;/�;'' WESTFIELD NATIONAL INSURANCE COMPANY Affixed OHIO FARMERS INSURANCE COMPANY SEAL m . �:' �HARIFIpEQ 3 CAI . =0. ,•a c .....}.-, • 11 State of Ohio n,i,I ,•I' ,I,,.r,,.•••' By. County of Medina ss.: Gary W. tumper, Nationa Surety Leader and Senior Executive On this 28th day of SEPTEMBER A.D., 2023 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did 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 „,,,.NINN,,,II •• Seal �1 A L S Affixed ,gyp;.• `ll�� '';, State of Ohio = N + O David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: &*;dam • My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) ..Tf OF �.' 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 in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 3rd day of January A.D.,2024 . •MI••NNWINI// ,IIII.If�r.l,ill' ., ,,.,I/11// gasYfl �ri�NAC •tN�:..,........!N 1%Su, I �• �i • � � ` "� SEAL11348 ��.- = � C;�aar�j�•�; S��4tlwMN^ � nir#il ul I//h••44In•n••a•• t Secretary Frank A. Carrino, Secretary EIPOAC2 (combined) (03.22)