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HomeMy WebLinkAbout061723-FP1 - Construction-Related - Contract - Fain Group LLCCSC No. 61723-FP1 FORT WORTH. PARK & RECREATION DEPARTMENT NOTICE OF PROJECT COMPLETION City Secretary No: 61723 Date Received: 06/24/2026 City Project No: 101767 Regarding Contract 61723_ Trinity Trails -Phase 2 River Trails Park to River Legacy for as required bythe Park & Recreation Department as approved by City Council on 5/14/24 through M&C 24-0434 , 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 Amount: Amount of Approved Change Orders: Revised Contract Amount: Total Cost of Work Completed: Less Deductions: Liquidated Damages: Pavement Deficiencies: Total Deduction Amount: Total Cost of Work Completed: Less Previous Payments: Final Payment Due: Recommended for Acceptance Assistant Director, Park & Recreation Department Teresa Thomason (Jun 24, 2026 08:36-17 CDT) Accepted Deputy Director, Park & Recreation Department $3,571,216.00 Days 365 $12,075.00 No 2 Days Added by CO 0 $3,583,291.00 Total Days 365 $3,583,291.00 Days Charged 365 Days @ /Day = _$0.00 $0.00 $3,583,291.00 ($ 3,404,126.45 $179,164.55 06/24/2026 Date 06/24/2026 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX G) N c m u o - 0 z .. 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City of Fort Worth Change Order Request ProjectNamel Trinity Trail East -Phase 2 Trail Project -71 City Sec # 1 61723 Client Project #(s) 101767 Project The major work consists of the following: Installation of anew 12-fool-wide trail, construction of a pedestrian bridge over the West Fork of the Trinity River, Description and a mid -block crossing wtlh signage and lighting. Contractor Fain Group, Inc. Change Order # 1 Date 5/1512025 City Project Mgr.1 Oliver Penny City Inspectorl Jason Inocencto Dept. PARD "" Totals CD Original Contract Amount $3,571,216.00 $3,571,216.00 365 Extras to Date Credits to Date Pending Change Orders (in M&C Process) Contract Cost to Dale $3.571.216.00 I $3 571 91 R.nn 1AS Original Funds Available for Change Orders Remaining Funds Available for this CO Additional Funding (if necessary) CHANGE ORDERS to DATE (INCLUDING THIS ONE) AS % OF ORIGINAL CONTRACT 0.23% MAX ALLOWABLE CONTRACT AMOUNT (ORIGINAL CONTRACT COST + 25%) $4,464,020.00 JU 1. Upsized Reinforced Concrete Pipe Wye from 36' to 42' to connect to existing 42' Reinforced Concrete Pipe. 2. Added Asbestos survey for existing bridge that was missing from Bid Items. It is understood and agreed that the acceptance of this Change order by the contractor constitutes an accord and satisfaction and represents payment in full (both time and money) for all costs arising out of, or Incidental to, the above Change Order. The Project/Program Manager signing below acknowledges that he/she is the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Contractor's Company Name Contractor Name Contract SI nature Date Fain Group, Inc. Noel Sanchez °S 4d 05/15/2025 Inspector/Inspection Supervisor Date Project and Contract Compliance Manager Date adcr _, ,,, 05/16/2025 -4-• --7 05/16/2025 Program Manager Date Senior Capital Project Officer Date 05/19/2025 ,:-s ..- 05/29/2025 Assistant Director (Dept) Date Director, Contracting Department (Dept) Date 05/29/2025 05/30/2025 Assistant City Attorney Date Assistant City Manager Date 05/30/2025 06/02/2025 Council Action if required) M&C Number N/A M&C Dale Approved N/A ATTEST: o "_A --- Jannette Goodall, City Secretary FORTNVORM City of Fort Worth V-- Change Order Additions ProjectName I Trinity Trail East - Phase 2 Trail Project City Sec # 61723 Client Project # 1 101767 ContractorFain Group, Inc. PM Oliver Penny Inspectof Jason Inocencio Change Order Submittal # F-1-1 Date 511512025 AUUI I IONS Change Order Additions Page 2 of 4 F•oe_ T WORTH City of Fort Worth Change Order Deletions Project Name I Trinity Trail East -Phase 2 Trail Project City Sec # 61723 Client Project# F 101 667 Contractor Fain Group, lnc. PM Oliver Penny Inspector Jason lnocencio Change Order Submittal # F-T--j Date 5115/2025 UhLt I IUNJ Change Order Deletions Page 3 of 4 MISBE for this Change Order M/SBE Sub Type of Service Amount for this CO N/A N/A N/A Total $0.00 Previous Change Orders co# DATE AMOUNT Total $0.00 Signature: � �9 `a. plv � Email: joel.mcelhany@fortworthtexas.gov Signature: `''g°"a-�— Douglas Black (flay 30, 2025 17:23 CDT) Email: Douglas.Black@fortworthtexas.gov Signature: 06pe g, Email: Dave. Lewis@fortworthtexas.gov Signature: bay 9UP14 Dana Burghdoff (Jun , 2025 1 .41 CDT) Email: Dana.Burghdoff@fortworthtexas.gov FORTWORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: The Fain Group Subject of the Agreement: Change Order #2 M&C Approved by the Council? * Yes ❑ No ❑✓ Ifso, the M&C mast be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑✓ No ❑ 61723-CO2 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑✓ No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different f ,om the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the approving M&C of attached to the contract. Project Number: If applicable. 101767 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be r•eturn.ed to the department. Permanent Contracts Advanced Funding Agreements Architect Service Community Facilities Completion Agreement Construction Agreement Credit Agreement/ Impact Fees Crossing Agreement Design Procurement Development Agreement Drainage Improvements Economic Development Engineering Services Escrow Agreement Interlocal Agreements Lake Worth Sale Maintenance Agreement/Storm Water Parks/Improvement Parks/Other Amenities Parks/Play Equipment Project Development Property/Purchase (Property owned by the City) Property/Sales (Property owned by the City) Property/Transfers (Property owned by the City) Public Art Sanitary Sewer Main Replacements Sanitary Sewer Rehabilitations Settlements (Employees Only) Streets/Maintenance Streets/Redevelopment Streets/Repairs Streets/Traffic Signals Structural Demolition (City owned properties) Utility Relocation, Water Reclamation Facility Water/Emergency Repair Water/Interceptor Water/Main Repairs Water/Main Replacement Water/Sanitary Sewer Rehabilitation Water/Sewer Service Water/Storage Tank CSC No. 61723-0O2 FORT WORTH . City of Fort Worth Change Order Request Project Name Trinity Trail East -Phase 2 Trail Project Citysec# 1 61723 Client Project #(s) 1 101767 Project The major work consists of the following: Installation of a new 12-foot-wide trail, construction of a pedestrian bridge over the West Fork of the Trinity River, Description and a mid -block crossing with signage and lighting. Contractor Fain Group, Inc. Change Order # 2 Date 11/1712025 City Project Mgr, I Oliver Penny City Inspector Mark Kitts Dept. Original Contract Amount Extras to Date Credits to Date Pending Change Orders (in M&C Process) Contract Cost to Date PARD Totals (CD) $3,571,216.00 $3,571,216.00 365 $8,325.00 $8,325.00 $3,579,541.00 $3,579,541.00 365 Go to ADD & DEL Tabs to Enter CO Backup $3,750.00 $3,750.00 0 Revised Contract Amount $3,583,291.00 Original Funds Available for Change Orders Remaining Funds Available for this CO $0.00 Additional Funding (if necessary) $3,750.00 CHANGE ORDERS to DATE (INCLUDING THIS ONE) AS % OF ORIGINAL CONTRACT MAX ALLOWABLE CONTRACT AMOUNT (ORIGINAL CONTRACT COST+ 25%) $3,583,291.00 365 $0.00 $3,750.00 $4,464,020,00 1. Added Hydromulch to steep slopes adjacent to trail and contract documents only call for broad seeding in these areas of It is understood and agreed that the acceptance of this Change Order by the contractor constitutes an accord and satisfaction and represents payment in full (both time and money) for all costs arising out of, or incidental to, the above Change Order. The Project/Program Manager signing below acknowledges that he/she is the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Contractor's Company Name Contractor Name Contract Si nature IDate Fain Group, Inc. Noel Sanchez 11/17/2025 Inspeclorlln ec n Supervisor Date PrNect and Contract Compliance Manager Date kills111 +17,111it1.t+ o 1, 11/17/2025 "` 11/17/2025 Program Manager Date SeniorCapital Project Officer Date 11/18/2025 5--,0 11/19/202! Assistant Director (Dept) Data . Director, Contracting Department (Dept) Date ft a I"� 12/01/2025 12/02/2025 Assistant CiY Aftomg Date Assistant City Manager I Date 12/02/202E Mila $Gli G( 12/02/2025 Council Action if required) M&C Number INIA M&C Date Approved N/A ATTEST: nn x A KG Jannette Goodall, City Secretary Ports Worrrn City of Fort Worth �lv' — Change Order Additions Project Name I Trinity Trail East -Phase 2 Trail Project City Sec # 61723 Client Project # 1 101767 Contractorl Fain Group, Inc. PMJ Oliver Penny Inspector Mark Kitts Change Order Submittal # Date 11/1712025 AUUI I TUNS Change Order Additions Page 2 of 4 FORT WORTH City of Fort Worth T--- Change Order Deletions Project Name I Trinity Trail East- Phase 2 Trail Project City Sec # 61723 ClienlProject# 101767 Contract« Fain Group, Inc. PMJ Oliver Penny Inspector Ma k Kitts Change Order Submittal # o Dale 11117I2025 Change Order Deletions Page 3 of 4 M/SBE for this Chance Order M/SBE Sub Type of Service Amount for this CO N/A N/A N/A Total $0.00 Signature: Signature: Email: joel.mcethany@fortworthtexas.gov Email: Douglas.Black@fortworthtexas.gov Signature: uJu Email: Elisa.Winterrowd@fortworthtexas.gov AFFIDAVIT OF BILLS PAID AND RELEASE OF LIENS BY CONTRACTOR The undersigned The Fain Group (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 $3.583,291.00 for materials; services and/or labor performed by the Contractor for the project (the "Work'') Trinity Trails East Phase 2; 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: February 24. 2026. Contractor Name: The Fain Group. Inc. 171 Title: Director of 0 erations Witness' Subscribed and sworn to before me under my official seal of office this Aq day of "" e-Esposito t,�r -Expires No t•KSt ry ID131710692 CONSENT OF SURETY COMPANY TO FINAL PAYMENT AIA DOCUMENT G707 OWNER xN© ARCHITECT ❑ CONTRACTOR ❑ SURETY El OTI IER ❑ Bond 9 411747G PROJECT: Trinity Trails East Phase 2, Intersection of Greenbelt Rd, & Trammel Davis Rd. (name, address) TO (Owner) City of Fort Worth ARCHITECT'S PROJECT NO: 101767 1000 Throckrnorton CONTRACT FOR: FT. Worth, TX CONTRACT DATE: 05114/2024 76102 CONTRACTOR: The Fain Group, Inc. 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 P C Box 5001 Westfield Center, OH 44251-5001 on bond of (here insen dame and address of Contractor) The Fain Group, Inc. P O Box 164309 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 Owner) 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 of February, 2026. Westfield Insurance Company Surety Company Sig at e of'ALAorizcd Representative Attest (seal): Johnnv Moss, Attomey-in-Fact Mu ' Rabah .. Bond Manager `i'itie — NOTE: This Poem is to be used as a companion document to AIA DOCUMENT 0706, CONTRACTC)R'S AFFIDAVE QF PAYMENT or DE$T r' ND Cf P.1 IS, Current Edition AAA ODCUME,NT G707 " CONSENT OF SURETY COMPANY To FINAL PAYNIF,NT *APR]L 1970 EDITION 'AIA 1970 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. NW WASHINCTON, D,C. 2006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sutb etto Iegs4 pmosecutinn, THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER ## AND ISSUED PRIOR TO 10110/24, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 422001214 Power General Westfield Insurance Co. Pow of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know Alf 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, JEREMY BARNETT, JADE PORTER, ROBERT G. KAHUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JAROD JAGGERS, CALEB HALE, RYAN COX, 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, 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 tl corporate seal of the applscaUe Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Atterney(s)-in-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: "6e 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the fottowsng provisions: The Attornepin-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 tit facsimile seal Shall be valid and binding upon the Company with respect to any Mond 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 10Ut day of OCTOBER A.D., 2024 . Corporate w .,.,,,+.. Seals111Si1p,` ,..,,, , WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY Afr�xed�+•r" �, 5��= �'t,. OHIO FARMERS INSURANCE COMPANY „�'C „ ,,' �1►ff►RFit. iEA iok ;, SEAL _ , ry �;..,.,.,,+• By: State of Ohio County of Medina SS.: ,,,*,,,, Gary W.'Stumper, National Surety Leader and Senior Executive On this 10th day of OCTOBER A.D., 2024 , 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 sald Company: and that he signed his name thereto by like order. Nco al Seal .foxed state at t7h143 County of Medina ss,: David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Codey 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 � day of T A.D.. DO?C. i SEAL 1'1848 51tiE 1 Salary Frank A. Carr'sno, Secretary BPOAC2 (combined) (05-24) Affidavit of Compliance with City of Fort Worth Prevailing Wages Noel Sanchez (Name of person signing affidavit) Director of Operations (Title) do hereby certify that the wages paid to all employees of THE FAIN GROUP (Company Name) for all hours worked on the OP-101767 Trinity Trails - Phase 2 River Trails Park to River Legacy Park (Project name and location) project, during the period from 9/30/24 to 12/23/25 (Project Dates) are in compliance with the requirements of Chapter 2258, Texas Government Code related to paying established City of Fort Worth wage rates per the project bid documents. I further certify that no rebates or deductions have been or will be made, directly or indirectly, from any wages paid in connection with this project, other than those provided by law. / ` (Signature of Officer or Agent) a� a� Sworn to and subscribed in my presence this day of � v'/ ��`� , 20 J meavwas.��. KRISTI TREES =_:= • .`;, � Notary Public, State of Texas i Comm. Expires 04-15-2027 Notary ID 124427334 (Notary Public) Revised 3/08/2024 FORT WORTM.. TRANSPORTATION AND PUBLIC WORKS March 10, 2026 The Fain Group, LLC. 2500 Great Southwest Parkway Fort Worth, Texas 76106 Contractor's address RE: Acceptance Letter Project Name: Trinty Lakes East Phase-2 Project Type: Parks City Project No.: 101767 To Whom It May Concern: On February 26, 2026 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 February 26, 2026. 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 February 26, 2026, 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- 392-5759. Sincerely, O" P Oliver Perry, Project Manager Cc: Mark Kitts, Inspector Mike Glover, Inspection Supervisor Cristobal Fuentes, Senior Inspector Jing Yang, Program Manager Halff Associates, Inc, Consultant The Fain Group, LLC, Contractor N/A, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev.8/20/19 Trinity Trails — Phase 2 (101767) Before & After Photos Trinity Trails — Phase 2 (101767) BEFORE —Approach to old Trinity River bridge from western entrance (2024) AFTER —Approach to new Trinity River bridge from western entrance (2025)