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HomeMy WebLinkAboutContract 51536-R1 C:TY SECRETARY C. EaTt�A;TrNO. 5►5 �— CITY OF FORT WORTH FIRST RENEWAL OF AGREEMENT WHEREAS, the City of Fort Worth, ("City"), and Westhill Construction, Inc., ("Contractor"), entered into that certain ORIGINAL AGREEMENT (City Secretary #51536, M&C C-28921) for the PROJECT generally described as: Utility Cut Repair Contract 2018; and WHEREAS, the ORIGINAL AGREEMENT may be renewed up to three times as provided by M&C C-28921; and . WHEREAS, The City and Contractor desire to renew the ORIGINAL AGREEMENT for an additional term at the same price; funding for said FIRST RENEWAL is available in the 2020 Water & Sewer Fund (Operating Budget), as appropriated in Ordinance#19-0243. NOW, THEREFORE, it is agreed by the City and Contractor as follows: Article I The Scope of Services as set forth in the ORIGINAL AGREEMENT has not changed. Article II The Contractor's compensation shall be in the amount up to $800,000.00. The Term of this renewal agreement shall be effective as of the effective date for a duration commensurate with the expenditure of the funding, but in no event shall the agreement last longer than five years from the effective date. Article III EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date subscribed by the City's designated City Manager. SIGNATURE PAGE TO FOLLOW N- o v DFRCC AL RECORD CITY CRE RY FT WORTH,TX First Renewal of Agreement Page 1 of 2 Utility Cut Repair Contract 2018 City of Fort Worth Westhill Construction, Inc. A'141' �Jil 4W4--t---r Dana Burg ff Ted Reynolds Interim Assistant City Manager President DATE: 11111 hl DATE: WS ( 1 APPROVAL RECOMMENDED: �fe e�L Chris Harder,P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY: M&C: C-28921 Date: November 6, 2018 Douglas W. Black Sr. Assistant City Attorney 4 r��.�" l^a p 1 1 ' a.' Mary J. Ka r City Secretary „r•: Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Si ature Lawrence Hamilton Name of Employee Senior Professional Enizineer OFFICIAL RECORD Title CITY SECRETARY First Renewal of Agreement Utility Cut Repair Contract 2018 .11/6/201P M&C Review Official site of the City of Fort Worth;Texas CITY COUNCIL AGENDA FORTH COUNCIL ACTION: Approved on 11/6/2018 DATE: 11/6/2018 REFERENCE NO.: **C-28921 LOG NAME: 606OUC012018-WESTHILL CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT. Authorize Execution of a Construction Contract with Westhill Construction, Inc., in the Amount of$800,000.00, for Utility Cut Repair Contract 2018 at Various Locations Throughout the City (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council Authorize execution of a contract with Westhill Construction, Inc., in the amount of$800,000.00, for Utility Cut Repair Contract 2018 and authorize up to three renewals. DISCUSSION: The work to be performed under this contract consists of utility street repairs which are necessary after main replacements and repairs are made by the Water Department's Field Operations crews. The Water Department is neither staffed nor equipped to perform some of the larger street repairs. This contract is necessary to maintain a reasonable repair schedule, minimize disruption to the public and ensure the street repairs do not adversely impact the life of the remaining street. The project was advertised for bid on September 13, 2018 and September 20, 2018 in the Fort Worth Star-Telegram and on October 11, 2018, the following bids were received. Bidder Amount Time of Completion Westhill Construction, Inc. 11,674,395.00 365 Calendar Days Staff has reviewed the bid and proposed unit prices and considers them to be fair and reasonable. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and that the amount budgeted for the projects is $800,000.00. Payments will be made based on actual measured quantities. The bid documents also included a stipulation giving the City the option to renew this contract (subject to appropriated funding) up to three times under the same terms, conditions and unit prices. M/WBE OFFICE: Westhill Construction, Inc, is in compliance with the City's BIDE Ordinance by committing to nine percent MBE participation on this project. The City's MBE goal on this project is eight percent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, in the Fiscal Year 2019 operating budget of the Water and Sewer Fund. Prior to an expenditure being made, the department has the responsibility to validate the availability of funds. Future year appropriations are subject to Mayor and Council approval. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2 FROM http://apps.cfwnet.org/cou n cil_packet/mc_review.asp?I D=26485&counci Idate=11/6/2018 1/2 .11/6/2018 M&C Review Fund Department Account Project Program Activity Budget Reference# Amount C#ar-t#ield 2 Submitted for City Manager's Office by_ Jay Chapa (5804) Originating Department Head: Chris Harder (5020) Additional Information Contact: J. Chris Underwood (2629) ATTACHMENTS 6000012018-WESTFIILL 1295.pdf http://apps.cfwnet.org/counciI_packetlrnc_review.asp?ID=26485&counciIdate=111612018 212 Bond No.4423875-R1 0061 13-1 PERFORMANCE BOND Pagel of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Westhill Construction,Inc. , 9 known as"Principal"herein and Markel Insurance Company , a corporate 10 surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as 11 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal 13 sum of, Eight Hundred—Thousand and 00/100 Dollars ($ 800,000.00 ),lawful money of 14 the United States,to be paid in Fort Worth,Tarrant County, Texas for the payment of which sum 15 well and truly to be made,we bind ourselves,our heirs, executors,administrators, successors and 16 assigns,jointly and severally,firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the (a day of tpyeMqj� ,201b,which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders,as provided for in said Contract designated as Utility Cut Repair Contract 2018; City 22 Proiect No. UC-01 2018 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders,under the Contract,according to the plans, 26 specifications, and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018 Revised July 1,2011 City Project No.UC-01 2018 006t 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 5'('1ti day of 6 N o v f-m e r , 20j-%-. 7 PRINCIPAL: 8 Westhill Construction, Inc. 9 10 II 12 ignature 13 ATTEST:14 15 d �r f�Nt'J, Y rLs\v<t 16 (Principal) cretary Name and Titles 17 18 Address: P.O.Box 2016 19 Cleburne,TX 76033 20 21 22 Witnes as r cipal 23 SURETY: 24 Markel Insurance Company 25 26 27 BY 28 Signature 29 30 Matthew Machacek,Attorney-in-Fact 31 Name and Title 32 33 Address:9737 Great Hills Trail 34 Suite 320 35 ' Austin,Texas 78759 36 c. 37 Witness as to Surety Telephone Number: (512)732-0099 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018 Revised July 1,2011 City Project No.UC-01 2018 0061 14-1 Bond No.4423875-Rl PAYMENT BOND Pagel of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Westhill Construction, Inc. , known as "Principal' herein, and 9 _Markel Insurance Company , a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 13 penal sum of Eight Hundred—Thousand and 00/100 Dollars ($ 800.000.00), lawful money of 14 the United States,to be paid in Fort Worth,Tarrant County,Texas,for the payment of which sum 15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally,firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 day of _ NIERegg , 201'_, which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as Utility Cut Repair Contract 2018; City Proiect No. UC-01 22 2018 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018 Revised July 1,2011 City Project No.UC-01 2018 0061 14-2 PAYMENT BOND Page 2 of 2 I IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the -+1, day of 3 KI t\rt"log r ,20 10( 4 PRINCIPAL: Westhill Construction, Inc. ATTEST: BY: Ignature��77 l7� (Principal cretary Name and Title Address: P.O. Box 2016 (—��!---7 Cleburne,TX 76033 Witness as to Principal SURETY: Markel Insurance Company ATTEST: BY: Signature Matthew Machacek, Attorney-in-Fact (Surety)Secretary Name and Title Address: 9737 Great Hills Trail Suite 320 Austin Texas, 78759 Witness as to Sure V Telephone Number: (512) 732-0099 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018 Revised July 1,2011 City Project No.UC-01 2018 Bond No.4423875-R1 0061 19-1 MAINTENANCE BOND Pagel of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Westhill Construction, Inc. ,known as 9 "Principal"herein and Markel Insurance Company ,a 10 corporate surety(sureties, if more than one)duly authorized to do business in the State of Texas, 11 known as"Surety" herein(whether one or more), are held and firmly bound unto the City of Fort 12 Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as 13 "City"herein, in the sum of Eight Hundred—Thousand and 00/100 Dollars($800,000.00 ), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas,for payment 15 of which sum well and truly be made unto the City and its successors, we bind ourselves, our 16 heirs, executors, administrators,successors and assigns,jointly and severally, firmly by these 17 presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the day of i�4 EMQZC& , 20A,which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law,in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 24 the"Work")as provided for in said contract and designated as Utility Cut Repair Contract 25 2018; City Project No. UC-01 2018;and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 31 32 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018 Revised July 1,2011 City Project No.UC-01 2018 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division;and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018 Revised July 1,2011 City Project No.UC-01 2018 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 5 i \A— day of 3 N0N1e_! 10eC ,201l. 4 5 PRINCIPAL: 6 Westhill Construction,Inc. 7 8 9 BY: 10 Signature 11 TEST: 12 14 (Principal)�ecretiry �� Name and Title 15 16 Address:P.O.Box 2016 17 Cleburne,TX 76033 18 __�IAI 19 20 Witness Vto Princip 21 SURETY: 22 Markel Insurance Company 23 24 25 BY: 26 Signature 27 28 Matthew Machacek,Attorney-in-Fact 29 ATTEST: Name and Title 30 ' 31 Address:9737 Great Hills Trail 32 (Surety)Secretary Suite 320 33 Austin,Texas 78759 34 35 Witness as to Surety Telephone Number:(512)732-0099 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018 Revised July 1,2011 City Project No.UC-01 2018 PDA a:4423875-R1 Markel Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents,That MARKEL INSURANCE COMPANY(the"Company"),a corporation duly organized and existing under the laws of the State of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint Matthew Machacek 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 of other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Principal: Westhill Construction, Inc. Obligee: City of Fort Worth Amounts:$ 800,000 (Eight-hundred thousand dollars) 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 premises. Said appointment is made under and by authority of the following resolution of the Board of Directors of Markel Insurance Company: RESOLVED,that the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary or Assistant Treasurer shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fad to represent and ad for on behalf of the Company,subject to the following provisions: Attorney-in-Fad 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 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-Fad shall be binding upon the Company as if signed by the President and sealed and effected by the Secretary, FURTHER 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. In Witness Whereof,MARKEL INSURANCE COMPANY has caused these presents to be signed by its Senior Vice President,and its corporate seal to be hereto affixed this 28th day of October,20 19. MARKEL INSU CEOMPANY Commonwealth of Virginia By: f�v Henrico County Robi Russo,tenior Vice President On this 28th day of October ,20 19 before me personally came Robin Russo,to me known,who being by me duly sworn,did depose and say that he resides in Henrico County,Virginia,the he is Senior Vice President of MARKEL 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.„pY PUy Casey Gauntt No Public,State of Texas By: tary Notary ID#12291380 Casey Gauntt,Notary Public MY COMIsslan Expires March 30, .>no I,Richard R.Grinnan,Vice President and Secretary of MARKEL INSURANCE COMPANY,do hereby certify that the above and foregoing is true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and,furthermore,the resolutions of the Board of Directors,set(mitin the Power of Attorney are in full force and effect. Z V _ 28th _ - Given under my hand and the seal of said Company at Glen Allen,Virginia this day of October .20 19. ey - Richard R.Grinnan, Vice President and Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Markel 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: Markel Insurance Company 9737 Great Hills Trail, Suite 320 Austin, TX 78759 ----------------------------------------------------------------------------------------------------------------------------- Non-Texas Rider 010106