HomeMy WebLinkAboutContract 61291-FP1FORT WORTH.
City Secretary -FP1
Contract No. 61291
Date Received 10/24/2024
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: Hunter Crossroads West
City Project No.: 104626
Improvement Type(s): ❑ Paving ❑ Drainage x❑ Street Lights ❑ Traffic Signals
Original Contract Price: $20,034.25
Amount of Approved Change Order(s):
Revised Contract Amount:
Total Cost of Work Complete: $20,034.25
Oct 23 2024
Mike Strickland (Oct 23. 202416:39 CDT)
Contractor Date
Project Manager
Title
MacCo Builders LLC
Company Name
yea Oct 24, 2024
Project Inspector
Date
Oct 24, 2024
Project Manager
Date
a
Oct 24, 2024
Re 0 en (Oct 24, 202410:19 CDT)
CFA Manager
Date
Ar--
Oct 24 2024
1 Dui rn P-ri, ;Oct 04, 0004 10.43 (.I] I
TPW Director
Date
Oct 24, 2024
Asst. City Manager
Date
OFFICIAL RECORD
CITY SECRETARY Page 1 of 2
FT. WORTH, TX
Notice of Project Completion
Project Name: Hunter Crossroads West
City Project No.: 104626
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: 55 WD
Work Start Date: 5/28/2024 Work Complete Date: 8/27/2024
Completed number of Soil Lab Test: 71
Completed number of Water Test: 21
Page 2 of 2
FORT WORTH
CITY OF FORT WORTH
FINAL PAYMENT REQUEST
Contract Name HUNTER CROSSROADS WEST
Contract Limits
Project Type STREET LIGHTING
City Project Numbers 104626
DOE Number 4626
Estimate Number 1 Payment Number 1 For Period Ending 8/27/2024
WD
City Secretary Contract Number Contract Time 9WD
Contract Date Days Charged to Date 55
Project Manager NA Contract is 100.00 Complete
Contractor MACCO BUILDERS LLC
1021 S. MOFFET AVE
JOPLIN, MO 64801
Inspectors T. GARDNER / H. TAEZAZ
Wednesday, October 23, 2024 Page 1 of 4
City Project Numbers 104626
Contract Name HUNTER CROSSROADS WEST
Contract Limits
Project Type STREET LIGHTING
Project Funding
UNIT V: STREET LIGHTING IMPROVEMENTS
DOE Number 4626
Estimate Number I
Payment Number 1
For Period Ending 8/27/2024
Item Description of Items Estimated Unit
Unit Cost
Estimated
Completed
Completed
No. Quanity
Total
Quanity
Total
1 LED LIGHTING FIXTURE 5 EA
$950.00
$4,750.00
5
$4,750.00
2 FURNISHANSTALL TYPE 33B ARM 5 EA
$1,575.00
$7,875.00
5
$7,875.00
3 NO 4 TRIPLEX OH INSULATED ELEC CONDR 801 LF
$9.25
$7,409.25
801
$7,409.25
Sub -Total of Previous Unit
$20,034.25
$20,034.25
Wednesday, October 23, 2024 Page 2 of 4
City Project Numbers 104626
Contract Name HUNTER CROSSROADS WEST
Contract Limits
Project Type STREET LIGHTING
Project Funding
Contract Information Summary
Original Contract Amount
Change Orders
Total Contract Price
DOE Number 4626
Estimate Number I
Payment Number 1
For Period Ending 8/27/2024
$20,034.25
$20,034.25
Total Cost of Work Completed $20,034.25
Less % Retained $0.00
Net Earned $20,034.25
Earned This Period $20,034.25
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
$20,034.25
Wednesday, October 23, 2024 Page 3 of 4
City Project Numbers 104626
Contract Name HUNTER CROSSROADS WEST
Contract Limits
Project Type STREET LIGHTING
Project Funding
Project Manager NA
Inspectors T. GARDNER / H. TAEZAZ
Contractor MACCO BUILDERS LLC
1021 S. MOFFET AVE
JOPLIN, MO 64801
DOE Number 4626
Estimate Number I
Payment Number 1
For Period Ending 8/27/2024
City Secretary Contract Number
Contract Date
Contract Time 90 WD
Days Charged to Date 55 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 $20,034.25
Less % Retained $0.00
Net Earned $20,034.25
Earned This Period $20,034.25
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
$20,034.25
Wednesday, October 23, 2024 Page 4 of 4
FORTWORTH.
M"
TRANSPORTATION AND PUBLIC WORKS
August 30, 2024
MacCo Builders LLC
1021 S Mottet Ave.
Joplin, Mo 64801
RE: Acceptance Letter
Project Name: Hunter Crossroadw West
Project Type: Water, Sewer and Street Light
City Project No.: 104626
To Whom It May Concern:
On August 30, 2024 a final inspection was made on the subject project. There were no punch list items
identified at that time. The final inspection indicates that the work meets the City of Fort Worth
specifications and is therefore accepted by the City. The warranty period will start on August 30, 2024,
which is the date of the final inspection 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-
392-8424.
Sincerely,
Sandip Adhikari , Project Manager
Cc: Habte Taezaz, Inspector
Troy Gardner, Inspection Supervisor
Ariel Durarte, Senior Inspector
Andrew Goodman, Program Manager
KFM, Consultant
MacCo Builders, Contractor
Hunter Crossroads, LP., Developer
File
E-Mail: TPW_Acceptance@fortworthtexas.gov
Rev. 08/20/19
NOTICE
This document waives rights unconditionally and states thatyou have been paid forgiving up those rights.
It is prohibited for a person to require you to sign this document if you have not been paid the payment
set forth below. If you have not been paid, use a conditional release form.
UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
Project: Hunter Crossroads West Contract Dated: 4/23/2024
Owner: Hunter Crossroads, LP Design -Builder: MacCo Builders, LLC
Project Location: US 287 & Avondal-Haslet Rd Ft Worth, TX 76052
STATE OF: TX COUNTY OF: Tarrant
Whereas the Design -Builder has entered into an agreement (the "Contract") with Owner to furnish labor,
materials, services and/or equipment, and to construct the building and all site work (the "Work") for the
above listed Project at the Project Location, all as defined in the Contract.
Whereas, the Design -Builder has been paid and received a progress payment in the sum of
$ 12 9, 9665 . 83 (the "Payment") and has previously waived and relinquished (except for payment),
and hereby waives and relinquishes (including payment) all rights, claim of lien, and claims of all nature
which Design -Builder now has or may hereinafter have for Work furnished for the design and construction
of the Project situated at the above Project Location under the Design -Builder's Contract with the Owner
against: (a) the Owner (and all those acting as employee, agent, or representative of Owner) and (b) its
successor -in -interest, (c) surety, (d) tenant, (e) lender, and (f) any other parry including but not limited to
third -party consultants (collectively "a thru f ', the "Released Parties"), excluding any rights and claims of
lien Design -Builder now has or may hereinafter have for (i) unpaid retainage of $ 0
which remains unpaid, or (ii) disputed claims listed on the attached Exhibit A (if any), and this whole
sentence is as of sett 5th , 20 24 (the "Payment Period End Date"). Design -Builder hereby
represents and warrants that no Work has been completed for which Design -Builder has not been paid
except for (i) and (ii) referenced above in this paragraph.
This document is effective to forever and immediately release (i) any mechanic's lien right, (ii) any
materialmen's lien right, (iii) any right arising from a payment bond that complies with state or federal
statute, (iv) any common law payment bond right, (v) any claim for payment, including releasing any course
of conduct claim, and (vi) any rights under similar ordinance, rule, or statute related to claim or payment
rights for the Design -Builder (and all of Design -Builder's subcontractors, vendors, consultants and all other
individuals and entities) against the Owner, the Released Parties and the Project.
Design -Builder hereby specifically states Design -Builder acknowledges the Contract specifically prohibits
any "course of conduct" claim by Design -Builder, and Design -Builder hereby specifically states there is no
"course of conduct" relationship that Design -Builder may claim under any state or federal law in spite of
the Contract's prohibition, and Design -Builder has no costs that Design -Builder has incurred nor plans to
incur which will cause Design -Builder to request from Owner additional monies above the amount listed
in the Contract. Design -Builder hereby specifically states there are no claims that Design -Builder has not
claimed per the terms of the Contract nor under any doctrine including but not limited to a futility doctrine
or other. Design -Builder hereby specifically states the notice provisions in the Contract cannot be waived
by any doctrine or law or reliance on any case law because this is a specifically negotiated part of the
Contract on which the Owner, the Released Parties, and the Project are relying.
Further, for the same consideration, the Design -Builder hereby covenants and warrants that (a) there
remains uncompleted Work valued at $ 0 under the Contract to be performed by the
Design -Builder, (b) the amount of unpaid retainage accrued to date is the amount of $ 0 ,
(c) the Design -Builder has no claims for additional, extra, or unforeseen Work that has not been paid as of
the date of this lien waiver (except for disputed claims listed on Exhibit A attached hereto, if any), and (d)
all legally liable indebtedness to any person or corporation or entity for Work furnished under or on account
of said Contract for the entire life of the Project from the Contract Date and ending on the Payment Period
End Date has been fully paid by Design -Builder, and Design -Builder hereby promises and agrees to hold
the Owner and the Released Parties and the Project harmless from any and all claims of all nature, as well
as any liens arising out of or under (x) the Contract or (y) any contract by and between the Design -Builder
and the Design -Builder's sub -contractors or (z) by and between the Design -Builder and any other person
or entity, and Design -Builder hereby promises to fully indemnify and defend the Owner and the Released
Parties and the Project for any losses, costs, damages, or attorneys' fees that any of the foregoing may
sustain by reason of any claims or liens.
Design -Builder states that this Unconditional Waiver and Release on Progress Payment has been read and
is fully understood, and Design -Builder has had the opportunity to have legal counsel review this
Unconditional Waiver and Release.
Sworn to before me and subscribed in my presence on September 5th , 2024.
Design -Builder name: MacCo Builders, LLC
By: (Signature)
Printed name of Signatory: Mike Strickland
STATE OF MO
COUNTY OF Jasper
This instrument was acknowledged before me on the 5 t h day of September by
Mike Strickland . as the Proiect Manager (title) of
MacCo Builders, LLC, a State of Mp being a(n) LLC (type
of entity) on behalf of said entity, and who swore he/she was signing said document for the
purposes detailed herein.
Notary Public, State of MO [SEAL]
ASHLEY ELLIS
Notary Public, Notary Seal
State of Missouri
Jasper County
Commission # 22395480
My Commission Expires 09/13/2026
Notary Public Signature:
Notary Public Printed Name: A s h l e v Ellis
My Commission Expires: 9 / 13 / 2 6
CONSENT OF SURETY
TO FINAL PAYMENT
AIA Document G707
Bond No. 8051044
TO OWNER -
(Nam e eurd ad.lrm)
City of Fort Worth / Hunter Crossroads, LP
200 Texas Street / 2030 Main Street, Suite 342
Forth Worth, Dallas, TX 76102 / 75201
PROJECT:
(Name and addr-no
Hunter Crossroads West Site Improvements
OWNER
ARCHITECT
CONTRACTOR
SURD F5'
OTHFR
ARCHITECT'S PROJECT NO.:
CONTRAC`i' FOR: Construction
CONTRACT DATED:
In accordance with she prov%lans of the Contract betvi en [he Owner and the Contractor as indk2mcl above, the
Onaw rm m ated addix-V of.514"')
Amerisure Mutual Insurance Company
P.O. Box 9098
Farmington Hills, MI 48333-9098
on bond of
(Imminame and adrdre&ggfContmaus)
MacCo Builders, LLC
1021 S. Moffet Avenue
Joplin, M 64801
■
■
n
a
Cq'_V'1.'R4CTOR,
hereby approves of the final payment to the Contractor, and agrees that teal payment to the Contractor shall not relieve the Surety of
any of its obligations to
(itw.7tn narnreand add rao gfOrr ner)
City of Fort Worth / Hunter Crossroads, LP
200 Texas Street / 2030 Main Street, Suite 342
Forth Worth, Dallas, TX 76102 / 75201
as set forth in said Surety's heard.
IN VATN1;,SS Wt-i -MOF, the Surety 1-as hereunto set its hand on this date: October 23, 2024
flf ma hi av11ing fbr umnf,6, (Amad by The rnunerk dareanr }ivar.J
8p
SEAL
-N. 2000 O
AttesA gypst: „'1 .. ...
(Sea)). _
, OWNEP,
Amerisure Mutual Insurance Company
By''�-
(Aw.'ahttr ofardlbar�izaQ,npuna�irtaln+r)
Elizabeth Drone
0fi11ed plane and fifk)
Attorney -in -Fact
G707--1994
MERISURE
AMERISURE MUTUAL INSURANCE COMPANY ;�SU RETY
AMERISURE INSURANCE COMPANY
AMERISURE PARTNERS INSURANCE COMPANY
POWER OF ATTORI\'EY
KNOW ALL MEN BY THESE PRESENTS: That Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance
Company are corporations duty organized under the laws of the State of Michigan (herein collectively the "Companies"), and that the Companies do hereby
make, constitute and appoint: Elizabeth Drone
8051044
MacCo Builders. LLC
Citv of Fort Worth / Hunter Crossroads. LP
of IMA, Inc. , its hue and lawful Attorneys) -in Fact, each in their separate capacity if more than one is named above, to sign, execute,
seal and acknowledge, for and on its behalf and as its act and deed, bonds or others writings obligatory in the nature of a bond on behalf of each of said Companies,
as surety, on contracts or suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or
contract or suretyship executed under this authority shall exceed the amount of.
ONE HUNDRED MILLION ($100,000,000.00) DOLLARS
This Power of Attorney is granted and signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of
Amerisure Mutual Insurance Company, Amensure Insurance Company and Amensure Partners hisurmce Company at meetings duly called and held on February
17, 2022_
"RESOLVED, that any two of the President & Chief Executive Officer, the Chief Financial Officer & Treasurer, the Senior Vice President Surety, the
Vice President Surety, or the General Counsel & Corporate Secretary be, and each or any of them hereby is authorized to execute, a Power of Attorney qualifying
the attorney -in -fact named in the given Power of Attorney to execute on behalf of the Company bonds. undertakings and all contracts of surety, and that
President & Chief Executive Officer, Chief Financial Officer & Treasurer or General Counsel & Corporate Secretary each or any of themhereby is authorized
to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company;
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to anycertificate
relating thereto electronically/digitally or by facsimile, and any such Power of Attorney or certificate bearing such electromedigital or facsimile signatures or
electronic/digital or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract
of surety to which it is attached-,
FURTHER RESOLVED, that any work carried out by the attorney -in -fact pursuant to this resolution shall bevalid and binding upon the Company."
Ilulilll.y I � �,M11.X11ry! h
pbR C a X" '. �•p Pyy
.t,;�:rJ 1n: �= Michael A. Ito, Senior Vice President Surety :
:m; =a: "": SEAL ..rn
=� SEAL ;�; _�: SFAL _ u n
qa.�'cx�G�dar `s$d�!9Hlps�'�c�� y AamnClreen Vice PresidentSurety
d3''��Hl�?`''a•
IN WTIPIFSS V=REOF, Amensure Mutual Insurance Company, Amensure Insurance Company and Amerisure Partners Insurance Company
have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 26th day of April 12023
Amerisure Mutual Insurance Company
Amerisure Insurance Company
Amerisure Partners Insurance Company
State of Minors
County of Kane
On this 261th day of April , 2023 , before roe, a Notary Public personally appeared Michael A. Ito. of Amerisure Mutual Insurance Company, Amerism
Insurance Company and Amensure Partners Insurance Company and Aaron Green of Amensure Mutual Insurance Company, Amerisure Insurance Company
and Amerisure Partners Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
M" rr
NWAA' °USIX. &MM Oe uu.rrous M.Kenny, Notary Public
ur cow�nanoN MMus lnaur�=
L Christopher M_ Soaude, the duly elected Chief Financial Officer & Treasurer of Amensure Mutual Insurance Company, Amensure Insurance Company and
Amensure Partners Insurance Company, do hereby certify and attest that the above and foregoing is a true and correct copy of a Power of Attorney executed by
said Companies, which remains in full force and effect.
IN WrINESS W I REOF, I have set my hand and affixed the seals of the Companies this 23rd day of October 2024 _
Christopher M. Spaude, Chief Financial Officer & Treasurer