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HomeMy WebLinkAboutContract 51536-R2 CSC No.51536-R2 CITY OF FORT WORTH SECOND 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 SECOND RENEWAL is available in the 2021 Water & Sewer Fund (Operating Budget), as appropriated in Ordinance #24446-09-2020. 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 lI 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 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Second Renewal of Agreement Page 1 of 2 Utility Curt Repair Contract 2018 City of Fort Worth Westhill Construction,Inc. �k�ra 8�-al�fF aroarcndoalo igaoa 1 xacDn Dana Burghdoff Ted Reynolds Assistant City Manager President DATE: Oct 16,2020 DATE: 101051a p'...0 APPROVAL RECOMMENDED: Christopher Hard (Oct 9,202016:37 CDT) Chris Harder,P.E. Director,Water Department APPROVED AS TO FORM AND LEGALITY: M&C: C-28921 Date: November 6,2018 DBtadc(Oct 16,202017:25 CD-0 Douglas W. Black Sr.Assistant City Attorney g44o�an of FORT�ao ATTEST: po° oio Oda* o°*� for,Ponald P.Gonzales1 d foraoneld P.6— (a16 t ,20X-6CDT1 alb SEX ASoa� Mary J.Kayser City Secretary Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ens ring all performance and reporting requirements. wuw i nature Lawrence Hamilton Name of Employee OFFICIAL RECORD _Senior Professional Engineer CITY SECRETARY Title FT.WORTH,TX second Renewal of Agreement Page 2 of 2 Utility Cut Repair Contract 2018 Apt vb CONSTRUCTION, #'-_ -. WESTHILL September 16,2020 J.Chris Underwood Design Services Water Department/Field Operations 16o811th Avenue Fort Worth,TX 76102 Re: UC01-2018 2nd renewal letter Chris, Westhill is agreeable to the same MBE commitment of the original contract with the second renewal. Thank You, Katie Newby P• :. Bond#4423875-R2 0061 13-1 PERFORMANCE BOND Page 1 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. , known as"Principal'herein 9 and Markel Insurance Company , a corporate surety(sureties, if more 10 than one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether I 1 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 12 created pursuant to the laws of Texas,known as "City"herein, in the penal sum of, EiLyht 13 Hundred—Thousand and 00/100 Dollars($ 800,000.00 ),lawful money of the United States, 14 to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum well and truly to 15 be made, we bind ourselves, our heirs, executors, administrators,successors and assigns,jointly 16 and severally, firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the day of , 20 ,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 Project No. UC-012018,Second Renewal 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,SECOND RENEWAL Revised July 1,2011 City Project No.UC-01 2018 0061 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 7th day of 6 October 120 20 . 7 PRINCIPAL: 8 Westhill Construction, Inc. 9 10 11 B 12 �Sig�natu ���� 13 ATTEST: 1 15 1l,, 16 (Principal)Secretary ame and Wile 17 18 Address: 20 ��—�� 21 22 Witness as to Principal 23 SURETY: 24 Markel Insurance Company 25 26 27 BY AAA DA) 28 Signature 29 30 Teresa Godsey,Attorney-in-Fact 31 Name and Title 32 33 Address: 4521 Highwoods Parkway 34 Glen Allen, VA 23060 35 36 37 Witne 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,SECOND RENEWAL Revised July 1,2011 City Project No.UC-01 2018 Bond#4423875-R2 0061 14-l PAYMENT BOND Page 1 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, 9 and 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 001100 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 20 , 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 Project No. UC-01 22 2018,Second Renewal 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,SECOND RENEWAL Revised July 1,2011 City Project No.UC-01 2018 0061 14-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 7th day of 3 October 20 20 4 PRINCIPAL: Westhill Construction, Inc. ATTEST: B Signature (Principal)Secretary Name Aid Title Address: Witness as to Principal SURETY: Markel Insurance Company ATTEST: BY: Sr re Teresa Godsey,Attorney-in-Fact (Surety)Secretary Name and Title Address: 4521 Highwoods Parkway Glen Allen,VA 23060 Witness to Surety 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,SECOND RENEWAL Revised July 1,2011 City Project No.UC-01 2018 Bond#4423875-R2 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 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 "Principal"herein and 9 Markel Insurance Company , a corporate surety(sureties,if more than 10 one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one 11 or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein,in the sum of Eight Hundred 13 —Thousand and 00/100 Dollars($ 800,000.00),lawful money of the United States,to be paid 14 in Fort Worth, Tarrant County,Texas,for payment of which sum well and truly be made unto the 15 City and its successors,we bind ourselves, our heirs,executors, administrators,successors and 16 assigns,jointly and severally,firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded 19 the day of 520 which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 21 materials, equipment labor and other accessories as defined by law,in the prosecution of the 22 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 23 the"Work")as provided for in said contract and designated as Utility Cut Repair Contract 24 2018; City Project No. UC-012018,Second Renewal; and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018,SECOND RENEWAL Revised July 1,2011 City Project No.UC-01 2018 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be fled on this Bond,venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018,SECOND RENEWAL 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 7th day of October 3 12020 . 4 5 PRINCIPAL: 6 Westhill Construction, Inc. 7 8 9 10 Signa e II ATTEST: 12 13 14 (Principal)Secretary 4qame and Tthe 15 16 Addres �`(�, r 17 18 19 20 Witness as to Principal 21 SURETY: 22 Markel Insurance Company 23 24 25 BY: 26 �gnature 27 28 Teresa Godsey,Attorney-in-Fact _ 29 ATTEST: Name and Title 30 31 Address: 4521 Highwoods Parkway 32 (Surety)Secretary Glen Allen,VA 23060 33 34 35 Witne 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,SECOND RENEWAL Revised July 1,2011 City Project No.UC-01 2018 PDA.it:4423875 Markel I isurance Company LIMITED POWER OF ATTORNEY Know All Men by.These Presents,That MARKEL INSURANCE COMPANY(the"Company"),a corporation dulyorganized 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 Teresa Godsey 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,Texas Amounts:$ 'Eight Hundred Thousand and 001100 Dollars($800,000) 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 Attorneys)-in-Fact to represent and act for 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 on behalf of the Company,to execute,acknowledge and. deliver,any and ail-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 slgned 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 undertakingto which it-Is attached. In Witness Whereof,MARKEL INSURANCE COMPANY has caused these presents to be sigried:by-its Senior Vice President,and Its corporate seal to be hereto affixed this 7th day of October,20 20.. MARKEb:iNSU CE OMPANY ,,f , Commonwealth of Virginia Bts: ✓ Henrico County Robi Russo,kenfor Vice President On this 7th day of October -.20 20 before me personally.came Robin Russo;tome known,who being by me duly sworn,did depese:and say that he resides In Henrico County,Virginia,the heJs 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. y �y r}}/• jf,a y{/'�(f � .oii�Y,Av»�•, [d }� clllntt By: yY A Notary Public„State of Texas NOtRry ft #122513£30 Casey Gauntt,Notary Public my 0QMfnIs8W,•a ou'�E+,. p _ March-0,2021 1,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 out-in-the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Glen Allen,Virginia this 7th day of October 20 20_, . By RAI . ^ 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 busiriess day between 8:30 AM and 5:00 PM CST. Markel Insurance Company =THISOND 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 AGENCY CUSTOMER ID:WESTCON-05 TGODSEY LOC#: 1 AC"REV ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#4682 F402 AMED INSURED Fort Worth,TX-Hub International Insurance Services esthill Construction,Inc. N.Border POLICY NUMBER Cleburne,TX 76033 EE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: contract.General liability policy has a severability of interest clause.The General Liability,Automobile Liability and Workers Compensation policies include a blanket notice Of cancellation to certificate holder's endorsement, providing for 30 days'advance notice if the policy is canceled by the company other than for nonpayment of premium, 10 days'notice after the policy is canceled for nonpayment of premium. The Umbrella Policy Follows Form. RE: Project#UC-01 2018- Utility Cut Repair Contract 2018-2nd Renewal Certificate Holder is The City of Fort Worth,Texas,its Officers, Employees, and Servants. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks ofACORD