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HomeMy WebLinkAboutContract 45520-R3 CITY CONTRACT NO. C) � CITY OF FORT WORTH THIRD RENEWAL OF AGREEMENT WHEREAS, the City of Fort Worth, ("City"), and Westhill Construction, Inc., authorized to do business in Texas, ("Contractor"), entered into that certain ORIGINAL AGREEMENT (City Secretary #45520, M&C C-26694) for the PROJECT generally described as: Utility Cut Repair Contract 2013;and WHEREAS, the ORIGINAL AGREEMENT may be renewed up to three times as provided by M&C C-26694;and WHEREAS, the City and Contractor renewed the ORIGINAL AGREEMENT on July 21, 2015 for an additional term at the same price, said FIRST RENEWAL authorized by M&C C-27381 to provide funding therefor; and WHEREAS, the City and Contractor renewed the ORIGINAL AGREEMENT on June 7, 2016 for an additional term at the same price, said SECOND RENEWAL authorized by M&C C-27753 to provide funding therefor; and WHEREAS, The City and Contractor desire to renew the ORIGINAL AGREEMENT for an additional term at the same price; funding for said THIRD RENEWAL is available in the 2017 operating budget of the Water and Sewer Fund, as appropriated in Ordinance#2183-09-2015. 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 $500,000.00. The Term of this renewal agreement shall be for one year, effective as of the effective date or the expenditure of the funding,whichever occurs first. Article III There are no other changes to any other terms or conditions of the ORIGINAL AGREEMENT. OFFICIAL RECORD Third Renewal of Agreement CITY SECRETARY a Westhill Construction,Inc. ��,0 ti Utility Cut Repair Contract 2013 FT.WO�H+TX ��te 1w EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date subscribed by the City's designated City Manager. City of Fort Worth thill Construction,Inc. Jesus?. Chapa Ted Reynolds Assistant City Manager President DATE: DATE: APPROVAL RECOMMENDED: 0'... /j,W L Christopher Harder,P.E. Assistant Director,Water Department APPROVED AS TO FORM AND LEGALITY: M&C: QJ94�% Date: . t X117 IIL1 2014 - LLtr3� Douglas W. Black Sr. Assistant City Attorney AT1,�j * CITY O,C ary J. Kayser City Secretary :�S"".............. Third Renewal of Agreement Page 2 of 2 Westhill Construction,Inc. Utility Cut Repair Contract 2013 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. (�A Signature Jim Deeter Name of Employee Senior Professional Engineer Title Bond#5197467 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Westhill Construction.Inc. ,known as 9 Principal herein and SureTec Insurance Company a corporate 10 surety(sureties,if more than one)duly authorized to do business in the State of Texas,known as 11 Surety herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of Texas,known as City herein, in the penal 13 sum of, Five Hundred Thousand and 00/100 Dollars($ 500,000.001, lawful money 14 of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which 15 sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors 16 and 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 'S 1 day of 1 ,20-n,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 2013; 22 Project No.UC-01 2013,3r'and final 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 2013,3`d RENEWAL Revised July 1,2011 Project No.UC-01 2013 0061 13-2 PERFORMANCE BOND Page 2 of 2 I 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 5th day of October,2017. 6 PRINCIPAL: 7 8 Westhillo ction Inc. 9 00, 10 BY: I 1 LIrgnature 12 TTEST: 13 14 Ted Reynolds,President 15 (Principal) eretan Name and Title 16 17 Address: P.O.Box 2016 18 Clebume,TX 76031 19 2 211 Witn��;a,to Principal 22 SURETY_ 23 SureTec Insurance Company 24 25 BY: 26 Signature 27 ` 28 Teresa Godsey,Attorney-In-Fact 29 Name and Title 30 31 Address:9737 Great Hills Trail 32 Ste 320 33 Austin,TX 78759 34 35 tness.1r" r y Telephone Number: 512-732-0099 36 37 38 39 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 40 from the by-laws showing that this person has authority to sign such obligation. If 41 Surety s physical address is different from its mailing address, both must be provided. 42 The date of the bond shall not be prior to the date the Contract is awarded. 43 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2013,3'RENEWAL Revised July 1,2011 Project No.UC-01 2013 Bond#5197467 Bond#5197467 0061 14-1 PAYMENTBOND Page 1 of 2 1 SECTION 00 61 14 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 9 Principal herein, and SureTec Insurance Company , a 10 corporate surety (sureties), 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 the State of Texas,known as City herein, 13 in the penal sum of Five Hundred Thousand and 00/100 Dollars ($ 500.000.00), lawful money 14 of the United States,to be paid in Fort Worth, Tarrant County, Texas, for the payment of which 15 sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors 16 and assigns,jointly and severally,firmly by these presents: 17 1 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 1 day of NU6X ST 20_L�L 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 2013; Project No. UC-01 2013, 22 3"and final 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 2013,3d RENEWAL Revised July 1,2011 Project No.UC-01 2013 006114-2 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 5th day of October,2017. 3 PRINCIPAL: Westhill C truction Inc. ATTEST: BY: Si ature Ted Reynolds,President (Principal) retary Name and Title Address: P.O.Boz 2016 J Cleburne,TX 76031 Witness as to Principal SURETY: SureTec Insurance Com an ATTEST: BY: Slgn ture Teresa Godsey.Attorney-In-Fact (Surety)Secretary Name and Title Address: 9737 Great Hills Trail Ste 320 Austin,TX 78759 Hess s to 5 ety Telephone Number: 512-732-0099 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety s physical 7 address is different from its mailing address,both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2013,3"RENEWAL Revised July 1 2011 Project No.UC-01 2013 Bond#5197467 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 SureTec Insurance Company ,a corporate surety 10 (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 the State of Texas,known as City herein, 13 in the sum of Five Hundred Thousand and 00/100 Dollars(S 500.000.00 ),lawful money 14 of the United States,to be paid in Fort Worth,Tarrant County,Texas,for payment of which sum 15 well and truly be made unto the City and its successors,we bind ourselves,our heirs,executors, 16 administrators,successors and 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 'ST day of A Uc1 U S-r 20 V? 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 2013;Project No.UC-01 2013,3"and final 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 2013,311 RENEWAL Revised July 1,2011 Project No.UC-01 2013 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 I 1 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 2013,31d RENEWAL Revised July I,2011 Project No.UC-01 2013 006119-3 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`"day of October.2017 3 4 PRINCIPAL: 5 Westhill Gmstruction. Inc. 6 7 8 BY: 9 nature 10 \I ['FST II 12Ted Reynolds,President 13 (Principal)S - etary Name and Title 14 15 Address: P.O.Box 2016 16 Cleburne.TX 76031 17 18 19 Witness as to Principal 20 SURETY: 21 SureTec insurance Coin)any 22 23 BY: 24 'Signature 25 26 Teresa Godsey,Attorney-In-Fact 27 ATTEST: Name and Title 28 29 Address:9737 Great Hills TraiN 30 (Surety)Secretary Ste 320 31 Austin,TX 78759 32 - 33 ess 3 to ur ty Telephone Number:512-732-0094 34 35 *Note: If signed by an officer of the Surety Company,there must be on file a certified extra 36 from the by-laws showing that this person has authority to sign such obligation. If 37 Surety s physical address is different from its mailing address, both must be provided. 38 The date of the bond shall not be prior to the date the Contract is awarded. 39 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2013,311 RENEWAL Revised July I,2011 Project No.UC-01 2013 f� P0A tf. 5197467 6 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by 77rese 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 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 or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Westhill Construction, Inc. Obligee: City of Fort Worth Amount: S 500,000.00 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-Pact may do in the premises. Said appointment 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 Attorneys)-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 Attomey-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 20`x 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 6th day of April,A.D.2017, SURETEC IItANC CO NY y0ANCF ,r, y i, By: UJ ut j> John Kno ,/edin t State of Texas ss County of Harris On this 6th day of April.A.D.2017 before me personall) came John Knox,Jr.tome known,who.being by me .did depose and say,that he resides in Houston, Teras, that he is President of SURFTFC INSURANCE COMPANY, the company descrd which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seat 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. i •``;,v���� JACQUELYN GREENLEAF Notary Public,State of Texas Comm Expires 05-111-2021 -- .Ia 4 �luelyn Greenleaf,Notary Public Notary ID 126903029 My commission expires May 18,2021 1,M.Brent Beaty.Assistant Secretary of SUREA EC 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 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 Houston, Texas this 5th davof CQpptober 2017 A.D. M.Brent aty,Assistant 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 any business day between 8:00 am and 5:00 pm CST. SureTec 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: SureTec Insurance Company 9737 Great Hills Trail,Suite 320 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:httn://www.tdi.state.tx.us Email:ConsumerProtection@tdi.texas.gov 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. --------------------------------------------------------------------------------------------------------------------------- Texas Rider 06042014 1 11/9/2017 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWoRm COUNCIL ACTION: Approved on 8/1/2017 DATE: 8/1/2017 REFERENCE NO.: **C-28306 LOG NAME: 60UCO12013R3-WESTHILL CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Third and Final Renewal of City Secretary Contract No. 45520 with Westhill Construction, Inc., in the Amount of$500,000.00 for Utility Cut Repair Contract 2013 UC01- 2013 at Various Locations Throughout the City (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of the third and final renewal of City Secretary Contract No. 45520 with Westhill Construction, Inc., in the amount of$500,000.00 for Utility Cut Repair Contract 2013 UC01-2013. DISCUSSION: On March 4, 2014, Mayor and Council Communication (M&C C-26694)the City Council authorized the award of a contract in the amount of$500,000.00, with the option for three renewals to Westhill Construction, Inc., for Utility Cut Repair Contract 2013 UC01-2013. On July 21, 2015, (M&C C-27381) the City Council authorized the award of the first renewal of the contract in the amount of$500,000.00 with Westhill Construction, Inc., for Utility Cut Repair Contract 2013 UC01-2013. On June 7, 2016, (M&C C-27753)the City Council authorized the award of the second renewal of the contract in the amount of$500,000.00 with Westhill Construction, Inc., for Utility Cut Repair Contract 2013 UC01-2013. The City and the Contractor desire to exercise the third and final renewal of the contract in the amount of$500,000.00 and with the same terms and conditions. The work to be performed under this contract consists of utility cut 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 the street repairs do not adversely impact the life of the remaining street. M/WBE —Westhill Construction, Inc., is in compliance with the City's BDE Ordinance by committing to 10 percent M/WBE participation. The City's goal on this project is 10 percent. This project is located in various locations throughout the City in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. Prior to an expenditure being made the Water Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID 1 1, 1 Year I (Chartfield 2 http://apps.cfwnet.org/council_Packet/mc_review.asp?ID=24853&councildate=8/1/2017 1/2 11/9/2017 M&C Review FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Kara Shuror(8819) Additional Information Contact: J Chris Underwood (2629) ATTACHMENTS 60UC012013R3 WESTHILL Form 1295.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24853&councildate=8/1/2017 2/2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 t. , Z� , + r I �1 loll Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2.3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-225630 Westhill Construction Cleburne,TX United States Date Filed, 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 06/19/2017 being filed. City of Fort Worth Date Ackn edgd: 11—. 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. UC01-2013 Utility Cut Repair Contract 2013.3rd and final renewal 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Reynolds,Teti Cleburne,TX United States X 5 Check only if there Is NO Interested Party. 6 A I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct, AWYNI K.NEWW MY 101:1111111111111111111"�� LUei NONNY ID 11"9" Mq 19,201 ppm4pqgwwj Signaturee of razed agent of ckNacting bus ss entity AFFIX NOTARY STAMP 1 SIAL ABOVE Sworn to and subscribed before me,by the said s _ '"� � .this the day ester` 20 -,to certify which,witness my hand and mal of Co. ,'est Signore o offi�ministering oath Printed name ot officer administering oa Title of officer ad inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883