Loading...
HomeMy WebLinkAboutContract 36695-R2 TIs00/Y pon: .COMMACTon Soum CQ ..,.,_.. .CRY SECRETARY .-,-,._.....GIY WUiAGER'SOFFICE CONTRACT DOCUMENTS FOR -----T)pw-Fu cwr SIDEWALK CONTRACT— GROUP 5 --- r AT VARIOUS LOCATIONS COY SECRETARY CON"1RACT NO..... 95.-9-A IN THE CITY OF FORT WORTH, TEXAS SECOND RENEWAL CITY PROJECT NO. 00893 DOE No. 6584 TPW PROJECT NO. GG01-539570-0203002 2010 MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER WILLIAM A. VERKEST, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT PROGRAMMING GROUP OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/28/2010 DATE: Tuesday, September 28,2010 REFERENCE NO.: **C-24488 LOG NAME: 20SIDEWALK CONSTRUCTION & REPLACEMENT-SECOND RENEWAL SUBJECT: Authorize the Second Renewal of City Secretary Contract No. 36695 in the Amount of$120,000.00 with Macval Associates, LLC, for the Construction and Replacement of Sidewalks Citywide (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the second renewal of City Secretary Contract No. 36695 in the amount of$120,000.00 with Macval Associates, LLC,for the construction and replacement of sidewalks citywide. DISCUSSION: The Fiscal Year 2010 General Fund Budget provided for a sidewalk program in the amount of $150,000.00 to repair and replace sidewalks citywide. In October 2007, the City entered into a contract with Macval Associates, LLC, (Macval) for the construction and replacement of sidewalks as a part of the 2004 Safe Pathway Program. That contract includes an option for two renewals under the same terms, conditions and unit prices. While the original contract was for a greater amount of work to be performed, Macval Associates, LLC, has agreed to the same terms, conditions and unit prices for this proposed renewal. The project will be completed within 200 calendar days. The $150,000.00 for the program includes $22,000.00 for field inspection and material testing and $8,000.00 as a contingency for possible change orders. Macval Associates, LLC, is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation. The City's goal on this project is 15 percent. This project is located city-wide and would address sidewalks in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539570 0203002 $150,000.00 Logname: 20SIDEWALK CONSTRUCTION REPLACEMENT-SECOND RENEWAL Page I of 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: Jim Walker (8009) ATTACHMENTS 1. fundingverification.doc (CFW Internal) 2. Funds Sidwalk 01:pdf (CFW Internal) 3. MWBE Sidewalk Const 01.pdf (CFW Internal) Logname: 20SIDEWALK CONSTRUCTION REPLACEMENT-SECOND RENEWAL Page 2 of 2 City Secretary Contract No. SECOND AGREEMENT TO RENEW CITY SECRETARY CONTRACT NO. 36695 RENEWAL CONTRACT FOR THE CONSTRUCTION &REPLACEMENTS OF SIDEWALKS ,CITYWIDE. This Renewal Agreement("Agreement")is made and entered into by and between the City of Fort Worth,Texas,a home rule municipal corporation situated in Tarrant,Denton,Parker,and Wise Counties, Texas("City"),acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Macval Associates LLC. acting by and through its duly authorized representative. City and MACVAL ASSOCIATES LLC. may be referred to herein individually as a "Party", or collectively as the "Parties". Recitals The following statements are true and correct and form the basis of this Agreement: A. On February 5, 2008, via M&C C-22656, City Council authorized a contract with Macval Associates LLC for Citywide sidewalk construction,City Secretary Contract No.36695(the "Contract"). B. The Contract contains two renewal options under which, the Contract may be renewed under the same terms, conditions, and unit prices. C. The City Council authorized execution of this second renewal Agreement via M&C C-24488 on September 29, 2010. Agreement In consideration of the mutual covenants, promises and obligations contained herein, the Parties agree as follows: 1. The Contract is hereby renewed and extended for a one renewal period under the same terms, conditions, and unit prices,commencing on September 29, 2010 2. M&C C-24488 reflects the appropriation of$ 120,000.00 for the services to be rendered under this Agreement. 3. All other terms and conditions of the Contract shall remain in full force and effect. OFFICIAL.RECORD CITY SECRETARY City of Fort Worth& Macval Associates LLC FT. tPIPTH rX .,. 2nd Renewal Agreement Page 1 of 2 IN WITNESS WHEREOF, the parties have executed this Agreement on this day of , 2010. ATTEST: CITY OF FORT WORTH City Secretary Fernando Costa Assistant City Manager Recommended: FJ s* Q0000Oo-0® o 00 , o a 0a0 ��� d�1 o o1� ) William A Ve test, P. irector p Q* o0000000u a Department of Transportation & Public Works Approved as to Form and Legality: C_L-�-� O V con r.r�ict ���:thYs ization "IAm 1a� 110 y ba 5("ck- bate ... Assistant City Attorney Macval Associates LLC . 1`� 1 • {�C By: � r Al A Attah P.E President City of Fort Worth & Macval Associates LLC OFFICIAL RECORD 2" Renewal Agreement CITY SECRETARY Page 2 of 2 FT. WORTH, TX CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Transportation and Public Works Department. City Project No. TPW Project No. CONTRACTOR M AC%J A,I— ASSoGuo. S, LLC By: fn MID. N, 1 • E - , Name: QLo ys iu S A • A,ttah,�• P-- Title: Date: 1 — 1 % — to STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared k%-e:4s4s ft• PAk Jkj?¢•known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of M4KCVAL N.0 -0&otiL.5, LLC- for the purposes and consideration therein expressed and in the capacity there in stated. �� Given Under My Hand and Seal of Office this/ y of /VCJ(/b/X�ie, 20/6 Notary Pub Ic in and for the State of Texas RosmNA SUMMERVILLE My Comminlon Explr*i March 26, 2012 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Bond No.4379880 Renewal of Bond No.4375655 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) MACVAL Associates, LLC , as w Principal herein, and(2) SureTec Insurance Company a corporation organized under the laws of the State of(3) Texas and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of one Hundred Twenty Thousand and no/100-- Dollars($ 120,000.00-- for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. _ WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 29th day of September . 2010 , a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Citywide sidewalk construction,City Secretary Contract No.36695 NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. e SIGNED and SEALED this 17th day of November 20 10 MACVAL Associates, LLC PRINCIPAL rt r ATT T: By: Rc , Name: Aloysius A.Attah, P.E. (Principal)Secretary - _ - Title: President (S A Address: 8500 N.Stemmons Freeway,Suite 5060 Dallas,Texas 75247 Witness rin&pal Sure-rec Insurance Company SUR ATTEST: By: ev Name: Brady K.Cox Secretary Attorney in Fact (S-E�A L) Address: 5741 Legacy Drive,Suite 210 Plano,TX 75024 ss .o Su Telephone Number: (469)241-1488 NOTE: (1) Correct name of Principal(Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond No.4379880 Renewal of Bond No.4375655 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) MACVAL Associates, LLC as Principal herein, and(2) SureTec Insurance Company a corporation organized and existing under the laws of the State of(3) Texas as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of one Hundred Twenty Thousand and no/100— Dollars ($ 120,000.00— ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 29th daySeptember 20 10 of which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Citywide sidewalk construction,City Secretary Contract No.36695 E NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 17th day of November 20 10 MACVAL Associates, LLC PRINCIPAL A i By: 1 /Or 1,4t Name: Aloysius A.Attah, P.E. (Principal)Sec President Title: Address: 8500 N.Stemmons Freeway,Suite 5060 Dallas, FA 75247 Witnes rTc1p9r-- SureTec Insurance Company SUR ATTEST: By: 0'a aje_p-,U PW h��Qn� Name: rady K. x Secretary Attorney in Fact Address: 5741 Legacy Drive,Suite 210 ///) lano, 75024 fitn4,-,7"t i S Telephone Number: (469)241-1488 NOTE: (1) Correct name of Principal(Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond No.4379880 Renewal of Bond No.4375655 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That MACVAL Associates, LLC ("Contractor"), as principal, and SureTec Insurance Company a corporation organized under the laws of the State of Texas , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of One Hundred Twenty Thousand and no/100-- Dollars (s 120,000.00— ), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 29th of September , 20 10 a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Citywide sidewalk construction,City Secretary Contract No. 36695 the same being referred to herein and in said contract as the Work and being designated as project number(s) and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of 2(Two)Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF,this instrument is executed in s(Six) counterparts, each of which shall be deemed an original, this17th day of November A.D. 2010 ATT T' MACVAL Associates, LLC ' `-(S Q Contractor By. N !ri � '3 :: E Secretary Name: A.Attah P.E. Title: President ATTF$T: SureTec Insurance Company G_EA t) Surety By: vim c4e5? Jecreta�, Na e- dy . Cox Title: Attomey-in-Fact 5741 Legacy Drive,Suite 210 Plano,TX 75024 Address SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#:512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism,riot,civil insurrection,or acts of war. Exclusion of Liability for Mold,Mycotoxins,Fungi&Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for,molds, living or dead fungi, bacteria,allergens, histamines,spores,hyphae,or mycotoxins,or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials,environmental spills, contamination,or cleanup, nor the remediation thereof, nor the consequences to persons, property,or the performance of the bonded obligations, of the occurrence,existence,or appearance thereof. Rev 11.11.03 eon a: 4221050 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint William D.Baldwin,Brady K.Cox,Michael B. Hill,Brent Baldwin,Brock Baldwin,Jennifer J.Clark its true and lawful Attorney-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 to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the .r premises. Said appointment shall continue in force.until 12/31/2012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary 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 following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or 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 binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and 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 signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, _ 1999) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. .� SURETEC INS E C F By: w i w i a- John o Jr., resident cc ANY ..� State of Texas ss: 7�ti -1 y.? County of Harris On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above .. instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. A r JAC9UELYN MAtDONADO �l. `,•' Notary Public,State of Texas ac el aldor ado Notary Public My Commission Expires 9 Y May 18,2013 y comm sion ex ' s May 18,2013 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and f u-thcrmore,the resolutions of the Board of Directors,set _ out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this_17th day of November 2010 , A.D. M.Brent Beaty,Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any vaifdity. �` For verification of the authority of this power you may call(713)812-0800 any business day-between 8:00 am and 5:00 pm CST.