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HomeMy WebLinkAbout063388-FP1 - Construction-Related - Contract - Nu-Way Construction, LLCCSC No. 63388-FP1 FORTWORTH AVIATION DEPARTMENT NOTICE OF PROJECT COMPLETION Regarding City Secretary Contract #63388 for the construction of FWS Vehicle Service Road at Fort Worth Spinks Airport as requested by the Aviation Department as approved by City Council on 5/20/2025 through M&C 25-0466. The Department of Aviation has accepted this project as complete. Original Contract Amount 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 W Tyler Dale ( ov 20, 202515:00:33 CST) Recommended for Acceptance Aviation Director VaL W44=l. Valerie Washington (Nov 20, 2025 17:18:00 CST) Assistant City Manager $170,820.00 $0.00 $170,820.00 $170,820.00 0 Days @$0.00/Day $0.00 $0.00 $170,820.00 $170,820.00 $0.00 11/20/2025 Date 11/20/2025 Date 11/20/2025 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AFFIDAVIT STATE OF TEXAS COUNTY OF 6R,11Y T Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Brandy Woehrle of Nu -Way Construction, LLC., known to me to be a credible person, who being by me duly sworn, upon her 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: Construction of FWS Vehicle Service Road Construction at Fort Worth Spinks Airport Brandy Woehrle, President Subscribed and sworn before me on this ZjLday of �1 J (, , 2025• otary Public in and for the State of Texas Consent of Surety to Final Payment AIA DOCUMENT G707 TO OWNER: City of Fort Worth (Name and address) 200 Texas Street Fort Worth, TX 76102 PROJECT: FWS Vehicle Service Road Construction (Name and address) City Project No. 106102 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER ❑ ARCHITECT'S PROJECT NO.: CONTRACT FOR: FWS Vehicle Service Road Construction City Project No. 106102 CONTRACT DATED: May 20, 2025 In accordance with the provisions of the Contract between the Owner and the Contractor as included above, the Great American Insurance Company, 301 East 4th Street, Cincinnati, OH 45202 (Insert name and address of Surety) SURETY, on bond of Nu -Way Construction, LLC (Insert name and address of Contractor) 1209 Cantrell Sansom Road, Suite 401, Fort Worth, TX 76131 _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 City of Fort Worth (Insert name and address of Owner) 200 Texas Street, Fort Worth, TX 76102 as set forth in the said Surety's bon number: 5315951 OWNER, IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: November 4, 2025 (Insert in writing the month followed by the numeric date and year.) Attes (Sea Great American Insurance Company (Surety) :..... . (Signature o utho zed represen five) John D. Weisbrot, Attorney-1 rr� (Printed name and title = 3,..-. Printed in cooperation with the American Institute of Architects (AIA) i��� The language in this document conforms exactly to the language used in AIA Document G707 - Consent of Surety Company to. J, 1994 Edition. GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No.0 21243 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name JOHN D. WEISBROT MELISSA L. MCDADE STEVEN M. VARGA Address Limit of Power ALL OF ALL PIPERSVILLE, PENNSYLVANIA $10,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 23RD day of MAY 1 2025 Attest GREAT AMERICAN INSURANCE COMPANY �pN INSVp Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: JOHN K. WEBSTER (877-377-2405) On this 23RD day of MAY 2025 , before me personally appeared JOHN K. WEBSTER, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSAN A KOHORST Notary Public Y z State of Ohio ° My Comm. Expires May 19, 2030 This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing,Re0 , 1 1 r brney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 4th day of November 2025 `PH INSU _ < tt W•2 i Assistant Secretary �� eJ - �y 1(• ' -� r rtllllllll\\ S1029AJ (04/25) GREATAMERICAN, INSURANCE GROUP Great American Insurance Group Tower 301 E. Fourth St. Cincinnati, OH 45202 GAIG.com GREAT AMERICAN INSURANCE COMPANY Financial Division STATEMENT OF ASSETS, LIABILITIES AND CAPITAL & SURPLUS AS OF DECEMBER 31, 2024 ADMITTED ASSETS LIABILITIES, CAPITAL AND SURPLUS Bonds................................................................................... $ 5,845,018.164 Unpaid losses and loss expenses......................................... $ 6,256,158,380 Stocks................................................................................... 1.274.791.631 Reserve for underwriting expenses....................................... 436,483,155 Mortgage loans on real estate ............................................... 786.549.193 Reserve for unearned premiums........................................... 2,103,265,814 Real estate (net of encumbrances) ....................................... 1,804,762 Federal income taxes........................................................... 12,223,324 Cash and short-term investments ......................................... 561,729,903 Ceded reinsurance premiums payable............,..................... 233,911,190 Other invested assets........................................................... 2,564,685.626 Funds held under reinsurance treaties .................................. 865,928,291 Receivable for securities....................................................... 239.165 Provision for reinsurance ...................................................... 46,334,958 Investment income due and accrued ...................................- 76.052.024 Retroactive reinsurance ceded.............................................. (55,645,110) Agents' and premium balances ............................................. 932.184.155 Other liabilities...................................................................... 240.B95,349 Reinsurance recoverable on loss payments .......................... 164.362.713 Total liabilities.................................................................. 10,139,555,351 Federal income taxes........................................................... - Net deferred tax asset........................................................... 38,762,419 Receivable From affiliates...................................................... 30,071,335 Receivable from Federal Crop Insurance Corporation........... 838.503.799 Company owned life insurance ............................................. 203,209,682 Capital stock............ i.................... ......... $ 15,440,600 Funds held as collateral........................................................ 42.558,181 Paid in surplus....................................... 911,548,324 Funded deductibles.............................................................. 40,346,543 Special surplus funds .......................... 53,160,920 Other admitted assets .......................... ..._........ ,.....,............. 40,901,134 Unassigned funds.................................. 2,322,065,234 Policyholders' surplus....................................................... 3,302,215,078 Total ................................................. $ 13$ 13 44 Total................................................................................ $ 13,441,770.429 Securities have been valued on the basis prescribed by the National Association of Insurance Commissioners. STATE OF OHIO COUNTY OF HAMILTON Judith E. Gill, Vice President and Controller, and Stephen Beraha, Assistant Vice President and Assistant Secretary, being duly sworn, each for himself deposes and says that they are the above described officers of the Great American Insurance Company of Cincinnati, Ohio; that said Company is a corporation duly organized, existing and engaged in business as a Surety by virtue of the laws of the State of Ohio and has duly complied with all the requirements of the laws of said state applicable to said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under Public Law 97-258 enacted September 13, 1982 (96 Stat. 1047 as amended: 31 U.S.C. 9304-9308); that to the best of their knowledge and belief the above statement is a full, true and correct Statement of the Assets, Liabilities and Capital & Surplus of the said Company as of December 31, 2024. Subscribed and sworn to before me this 28th day of March, 2025. ril,. �Cordrmalke., Public Notary VALERIE SMITH Notary Public { State of Ohio zMy V Comm. Expires October 17, 2026 Assistant etary GDOAgT�;= Ilttllll� Specialty Property & Casualty Insurance Group GAIG.com CARVER CERTIFICATE OF SUBSTANTIAL COMPLETION for Project Title: Garver Project Number: FWS — Vehicle Service Road A11-2400619 Owner/Funding Agency Number: City of Fort Worth — Fort Worth Spinks Contract For: $170,820.00 Substantial Completion: August 13, 2025 CONTRACTOR: OWNER: Nu -Way Construction, LLC City of Fort Worth Sal Murillo Joe Hammond, Assistant Aviation Director 1209 Cantrell Sansom Bldg 4 450 Alsbury Court rori vvorin. i A ib-i j-i rori vvorin. i A oouzu The Work performed under this Contract has been reviewed and found, to the Engineer's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as stated above, which is also the date of commencement of applicable warranties required by the Contract Documents, except as noted below: 1. N/A A list of items to be completed or corrected (Punch List) is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Garver 08/13/2025 B DATE The Contractor will complete or correct the Work on the Punch List attached hereto within 30 calendar days of the Date of Substantial Completion. Should the Contractor fail to complete or correct the work on the Punch List within this period, the Substantial Completion date is null, and void and the Contract Time shall recommence. Contractor: 8{^GWLoV W"ArCe- 8/14/2025 BY I DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof on August 13, 2026. Owner's --� �Representative: 8/14/2025 BY DATE Attachment: Punch List Attachment (Punch List) to Certificate of Substantial Completion for Project Title: FWS — Vehicle Service Road CONTRACT DOCUMENTS TO BE SUBMITTED BY CONTRACTOR TO ENGINEER 1. Redlines 2. O&M Manuals 3. Final Pay Application 4. Provid SWPPP NOT WORK ITEMS TO BE CORRECTED OR COMPLETED Date of Completion Item to be corrected or completed Estimated September 2025 Flush mounted fire hydrant installation Haul off spoils Install and establish seed Establish sod Trim backer rods on joint edges Fill joint spalls Pull SWPPP after grass is established Clean and establish vegetation within the southwest drainage headwall End of September 2025 Pull barricades and taxiway edge light covers after fire hydrant installation 1-1 E 3 a= a w E R � X v0Hli w >O Z C N C = •f0 f0 E 6 N m d' _ 2 0 (V O U — � T u � O i» d 0 �o y y o i G d E o o (L o 0 v� O 0 � = m � � O a o A O Q U _ Y O O E r 7 O y m L 00 � as C N 0 O = E N E Q 0 0 0 c � E o O y i E Q Q C O CL c� U) N CL U Y 2 L O "' co I o m U U al) LL Cl) U L N a� N N N N N a O t t t t t t � 3 3 3 3 3 3 0 O i» 0 ov 0 0 0 0 0 0 0 o S T r 0 o Q Q- a ro O ti � Q E 0 U N O7 16 C N L d a o o N � V O G! O Z y 7 W i d O_ CL a O y Or O O O `° ~ O N O O O N U N N ti T O o C CV)0 0p o T- N l LO c +j =s a) W O E O LL d U- Q d Oi111i1���ANCNETE EXCAVATION Bill To: City of Fort Worth Remit To Contractor: Nu -Way Construction, LLC 1209 Cantrell Sansom Rd., Ste 401 Fort Worth, Texas 76131 DATE: 11/5/2025 Invoice Number Retainage Project Name: Vehicle Service Road Project ID Contract Total Period To: 10/27/202! n® Manhole Adjustment, Major with Cover Fju�h Mounted Fir. hydrant Conversion TOTALS $170,820.00 $170,820.00 $0.00 $ 170,820.00 $0.00 PAYMENT AND WORK SUMMARY: Previous Payments: #1 $ 73,003.11 Current Contract Total to Date: 5 170,820.00 #7 $ 33,084.00 #3 $ 34A 8.00 Total Approved Change Orders to Date: #4 $ 13,162.50 Total $ 153,738.00 Total Work Completed to Date: $ 170,820.00 Total Retainage Amount to Date (10%l: $ - Less Previous Payments: $ 153,738.00 Amount Due This Estimate: $ 27,082.00 Balance to Fini,h including Retainage $0.00 Percent Complete 100% Nu -Way Construction, LLC DATE �\ \ & 4-j n O & e 0 U Cd & � 0- E Q � � CL � � ru CL & 0) � 2 .� � � � � O � & �\ Q V) Q = Q) � V) � U 5 ] Lri U \ OL 3 \ t } Cl ƒ / 7 2 J � � E � � � \ § 2 § E g L q ) 0 § 2 � \ « E �0 � \ CL / 7 § » > 2 7 ° 2 5 o ® § t 2 x } v ¥Lu C2. 0§ f « 2 \ k \ G \ ° § 7 &e/± �M k � � w 3000 Internet Blvd. Suite 400 Frisco, TX 75034 TEL 972.377.7480 FAX 972.377.8380 www.GarverUSA.com November 5, 2025 City of Fort Worth Aviation Department Attn: Mr. Tyler Dale 201 American Concourse, Suite 330 Fort Worth, TX, 76106 Re: FWS Vehicle Service Road Construction Letter of Final Acceptance Dear Mr. Dale: This letter serves as formal notification of final acceptance for the FWS Vehicle Service Road Construction project at Spinks Airport. To the best of my knowledge, all work associated with this project has been completed in accordance with the terms and conditions outlined in the Contract Documents. All scope of work items, excluding the flush -mounted hydrant installation, were completed as of August 9, 2025. A final walk-through was conducted on August 13, 2025, during which no outstanding punch list items were identified, aside from the hydrant installation. The contractor completed the remaining hydrant installation on October 29, 2025. Accordingly, the one-year warranty period for all work performed under this project commenced on that date and will expire on October 29, 2026. The original contract allowed for 65 calendar days to complete the project, excluding any suspension periods or weather -related delays. Due to delays primarily related to material procurement for the flush -mounted hydrant, the actual contract duration exceeded the original timeline by 71 calendar days. There were no failed material tests, and no additional costs were incurred for retesting. Based on the overall performance and circumstances, I do not recommend the assessment of liquidated damages for this project. If you require any additional information or would like to discuss this letter in more detail, please feel free to give me a call at 214-451-2963. Sincerely, GARVER Alex Jes op, P.E. Project Manager FWS Vehicle Service Road Construction City Project No. 25-0095 FORT WORTH Routing and Transmittal Slip Aviation Department DOCUMENT TITLE: FWS Vehicle Service Road Construction Closeout M&C 25-0466 CPN 106102 CSO # 63388 DOC# DATE: 11/20/2025 INITIALS DATE OUT TO: 1. Joe Hammond J-f+ 7H 11/20/2025 2. Roger Venables e e z R bles 11/20/2025 3. Valerie Washington WO 11/20/2025 4. 5. 6. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑X No RUSH: ❑ Yes ❑X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: x❑ Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you.