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HomeMy WebLinkAboutContract 57215-R3CSC No. 57215-R3 CITY OF FORT WORTH 3rd AND FINAL RENEWAL OF AGREEMENT WHEREAS, this Renewal of Agreement is between the City of Fort Worth, ("CITY"), and Westhill Construction, Inc. ("CONTRACTOR"); and WHEREAS, M&C 22-0100 (February 8, 2022) authorized the Original Agreement and up to 3 renewals ("Renewal") for the Project generally described as: Utility Cut Street Repair Contract 2022 (City Secretary #57215); and WHEREAS, CITY and CONTRACTOR exercised the first renewal of the Original Agreement on August 26. 2022: and WHEREAS, CITY and CONTRACTOR exercised the second renewal of the Original Agreement on Julv 3. 2023. and WHEREAS, CITY and CONTRACTOR desire to exercise the third and final renewal of the Original Agreement; and WHEREAS, funding for this third and final Renewal is available and appropriated pursuant to ordinance no. 26453-09-2023 therein. NOW, THEREFORE, it is agreed by the CITY and CONTRACTOR as follows: Article I The Original Agreement is hereby renewed for a third and final term as described Article II The CONTRACTOR's compensation for this Renewal shall remain $1,000,000, as specified in the Original Agreement. Article III All other provisions of the Original Agreement shall remain in full force and effect. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Third and Final Renewal of Agreement Page 1 of 2 Utility Cut Repair Contract 2022 Westhill Construction, Inc. CSC No. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated City Manager. APPROVED: City of Fort Worth Daum BurtHdaff Dana Burghdoff (Nov 1 , 202317:00 CST) Dana Burghdoff Assistant City Manager DATE: Nov 17, 2023 APPROVAL RECOMMENDED: C%ik-�-� tl1211-de-1- Christopher Harder (Nov 14, 2023 14:47 CST) Chris Harder, P.E. Director, Water Department Westhill Construction, Inc. Qi\�. Angela Reynoldv s President DATE: \%Z) Ac\ [-� APPROVED AS TO FORM AND LEGALITY: M&C: 22-0100 (Authorization) Date: February 8.2022 Mack (Nov 15, 2023 15:00 CST) Douglas W. Black Sr. Assistant City Attorney ATTEST: Jannette Goodall City Secretaly A , 000 R�°o 0 0 a° xo° a94d �o Pvo °Sd 4( Gantt nezAt"'O 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. hris Underwood OFFICIAL RECORD Senior Engineering Technician CITY SECRETARY FT. WORTH, TX Third and Final Renewal of Agreement Page 2 of 2 Utility Cut Repair Contract 2022 Westhill Construction, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0061 13- 1 PERFORMANCE BOND Page 1 of 2 SECTION 00 61 13 PERFORMANCE BOND BOND NO. 5312550-R3 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Westhill Construction, Inc. , known as "Principal" herein and Markel Insurance Company a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, One Million and 00/100 Dollars ($ 1,000,000.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our 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 City awarded the 8t' day of February , 20 22 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Utility Cut Repair Contract 2022, City Proiect No. UC-012022 — Third and Final Renewal NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 UTILITY CUT REPAIR CONTRACT 2022 — THIRD RENEWAL City Project No. UC-01 2022 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 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 1his instrument by duly authorized agents and officers on this the 1 lth day of October 6 2023 . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ATTEST: (Principal) Witness as to l/IiIYL��L.: I WIlness as to ure — Tammy Tinh PRINCIPAL: Westhill Construction, Inc. lz:�Sign re Ana_ ela Auttolds, President Name and Title Address: P.O. Box 2016 Cleburne. TX 76031 SURETY: Markel Insurance Comnanv gig -nature Teresa Godsey, Attorney -In -Fact Name and Title Address: _4521 Hiahwoods Pkwv Glen Allen, VA 23060 Telephone Number: 866-732-0099 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 UTILITY CUT REPAIR CONTRACT 2022 — THIRD RENEWAL City Project No. UC-01 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTION 00 6114 PAYMENT BOND 0061 14 - 1 PAYMENT BOND Pagel of 2 BOND NO. 5312550-113 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Westhill Construction, Inc. known as "Principal" herein, and Markel Insurance Company , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of One Million and 00/100 Dollars ($ 1,000,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, 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 City, awarded the S"' day of February , 20 22 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Utility Cut Repair Contract 2022: City Proiect No. UC-01 2022 — Third and Final Renewal NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 UTILITY CUT REPAIR CONTRACT 2022 — THIRD RENEWAL City Project No. UC-01 2022 1 2 3 4 5 6 7 8 9 10 11 12 0061 14 - 2 PAYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 1Ith day of _October ATTEST: (Principal) Secretary Witness as to Principal ATTEST: (Surety) Secretary ,20 23 �_�LJ .- Witness as t Sur — Tammy Tinh PRINCIPAL: Westhill Construction, Inc. B . Q, Signature _Angela Reynolds. President Name and Title Address: P.O. Box 2016 leburne, TX 76031 SURETY: Markel Insurance Company BY: O RQ flCL- Siglature _Teresa Godsev, Attorney -Ire -Fact Name and Title Address: _4521 Hiahwoods Pkwy Glen Allen, VA 23060 Telephone Number: 866-732-0099 _ Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 UTILITY CUT REPAIR CONTRACT 2022 — THIRD RENEWAL City Project No. UC-012022 1 2 3 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT 7 0061 19 - 1 MAINTENANCE BOND Pagel of 3 SECTION 00 6119 MAINTENANCE BOND BOND NO. 5312550-113 § KNOW ALL BY THESE PRESENTS: § 8 That we Westhill Construction, Inc. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 M , known as "Principal" herein and Markel Insurance Company_ , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of One Million and 00/100 Dollars ($ 1,000,000.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our 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 City awarded the 81' day of February . 20 22 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as Utility Cut Repair Contract 2022. Citv Proiect No. UC-012022 — Third and Final Renewal, and 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 2022 — THIRD RENEWAL Revised July 1, 2011 City Project No. UC-01 2022 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 filed 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 2022 — THIRD RENEWAL Revised July 1, 2011 City Project No. UC-01 2022 0061 19 - 3 MAINTENANCE BOND Page 3 of 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 1 lth day of October 3 20 23 4 5 6 7 8 9 10 11 ATTEST: 12 13 14 (Principal) Secretary 15 16 17 18 19 20 Witness as to Principal 21 22 23 24 25 26 27 28 29 ATTEST: 30 31 32 (Surety) Secretary 33 ` 34 1 /1irrvl ,; 35 W' ess as Su ty -Tammy Tinh 36 PRINCIPAL: Westhill Construction. Inc. Sign ~ Angela Reynolds, President Name and Title Address: _P.O. Box 2016 Cleburne, TX 76031 SURETY: Markel Insurance Company BY: Ig— QS� WD-1nature _Teresa Godsev. Attornev-In-Fact Name and Title Address: 4521 Hiehwoods Pkwv. Glen Allen. VA 23060 Telephone Number: 866-732-0099. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 UTILITY CUT REPAIR CONTRACT 2022 — THIRD RENEWAL City Project No. UC-012022 POAft 5312550-R3 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 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 Amounts:$ 1,000,000.00 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 2ttested 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, Treasurer or Assistant Treasurer shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-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 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 Secretary. FURTHER RESOLVED, thatthe 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 Vice President, and its corporates alto be hereto affixed this 13'h day of January 2023. \`sst�jtRA>Vc�iz� MARK INS NCE C P Y State of Texas 'W ,?� F : _ By: A County of Travis: �Kt SEAL a_ teyJennings�VicePresident . �. 'z���rrr t*Utttsss`` On this 13' day of January , 2023 before me personally came Lindey Jennings, tome known, who being by me duly sworn, did depose and say that he resides in Travis County, Texas, where he is 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. JULIE E. MCCLARY By: =_ Notary Public State of Texas Julie . cClary, Notary Public Commission # 12947680-5 My c mission expires 3/29/2026 °•°` `° Commission Expires March 29, 2026 I, Andrew Marquis, Assistant 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 Austin, Texas this 11 th day of October 20 By: Andr w Marquis, Assist Secretary fr 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/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: Markel Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 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#:512-490-1007 Web: httD://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS 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. MIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 11/6/23, 1:36 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 2/8/2022 REFERENCE NO.: **M&C 22-0100 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORTWORTII 60UCRC2022- WESTHILL 111114 SUBJECT. (ALL) Authorize Execution of a Contract with Westhill Construction, Inc., in an Amount Up to $1,000,000.00 for the Utility Cut Street Repair Contract 2022 at Various Locations Throughout the City RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Westhill Construction, Inc. in an amount up to $1,000,000.00 for the Utility Cut Street Repair Contract 2022 at various locations and authorize up to three renewals. DISCUSSION: The work to be performed under this contract consists of utility street 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 repairs. This contract is necessary to maintain a reasonable repair schedule, minimize disruption to the public and ensure street repairs do not adversely impact the life of the remaining street. The project was advertised for bid on November 11, 2021 and November 18, 2021 in the Fort Worth Star -Telegram and on December 9, 2021 the following bids were received: Bidder Amount Time of Completion Westhill Construction, Inc. $1,769,875.00 365 Calendar Days Staff has reviewed the bid and proposed unit prices and considers them to be fair and reasonable. The bid documents included stipulations that the total quantities listed may not reflect actual quantities and that the amount budgeted for the projects is $1,000,000.00. Payments will be made based on actual measured quantities. The bid documents also included a stipulation giving the City the option to renew (subject to appropriated funding) this contract three times under the same terms, conditions and unit prices. This is budgeted in the Other Contractual Services account, which has approximately $19,672,916.71 available; after this contract the remaining balance will be approximately $18,672,916.71. AGREEMENT TERMS: The agreement may be renewed for three additional renewals at the City's option. The renewal action will not require City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal terms. This amendment will not impact the agreement terms that have already been set in place. M/WBE OFFICE: Westhill Construction, Inc. is in compliance with the City's Business Equity Ordinance by committing to 26 percent Business Equity participation on this project. The City's Business Equity goal on this project is 25 percent. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. This project is located in ALL COUNCIL DISTRICTS. apps.cfwnet.org/council_packet/mc_review.asp?ID=29651 &councildate=2/8/2022 1 /2 11/6/23, 1:36 PM M&C Review FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies funds are available in the current operating budget as appropriated, in the Fiscal year 2022 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 ActivityBudget Reference # Amount ID I ID I g I Year I (Chartfield 2) FROM Fund I Department Account I Project I Program Activity Budget I Reference # I Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: J. Chris Underwood (2629) ATTACHMENTS 60UCRC2022-WESTHILL 1295.pdf (CFW Internal) 60UCRC2022-WESTHILL Compliance Memo.pdf (CFW Internal) 60UCRC2022-WESTHILL FID Table (NN 01.05.22).docx (CFW Internal) UCRC2022-WESTHILL SAM.pdf (CFW Internal) WesthillFundsAvailabilitv..pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=29651 &councildate=2/8/2022 2/2