HomeMy WebLinkAboutContract 36695-R1 City Secretary Contract No. Q5-
FIRST AGREEMENT TO RENEW
CITY SECRETARY CONTRACT NO. 36695
RENEWAL CONTRACT FOR THE CONSTRUCTION &REPLACEMENTS OF
SIDEWALKS .CITYWIDE.
This First 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 Agreement via M&C C-23731 on
August 18 ,2009.
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 August 18, 2009.
2. M&C C-23731 reflects the appropriation of$ 113,968.0 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.
City of Fort Worth&Macval Associates LLC
I"Renewal Agreement
Page 1 of 2
RECEIVED SEP 28 2009
-1-�.
IN WITNESS WHEREOF, the parties have executed this Agreement on this_ � " day
of �`�l�/ •, 2009.
ATTEST: CITY OF FORT WORTH
0
kyle ity Secretary Fernando Costa
Assistant City Manager
Recommended:
C.
Contract Authorization
) r, 10 William A Verkest, Pf. Director
23 Department of Transportation & Public Works
Date
Approved as to Form and Legality:
r4� � '"//
Amy
Assisfttley
ty Attorney
Macval Associates LLC .
By: V I E
Al A Attah RE
President
OFFICIAL RECORD
City of Fort Worth&Macval Associates LLC (:ITY SECMAR
I"Renewal Agreement 4� ne WORM TX
Page 2 of 2
CITY SECRETARY
CONTRACT NO. aG15'.-1 .1
Bond No. 4375655
PERFORMANCE BOND Renewal of Bond No. 4366436
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, (1) _ Macyal Associates. LLC , as 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 Thirteen Thousand Nine Hundred Sixty_Eight
and no/100-------- Dollars ($113,968.00---) 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 18th day of August , 20�09 a copy of which is attached hereto and
made a part hereof for all purposes, for the construction of City Secretary Contract No. 36695,
Renewal Contract for the Construction & Replacements of Sidewalks,_Citywide
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.
SIGNED and SEALED this 26th day of August , 20 09=FICIALRECORD
60TY SECRETARY
I rT WORTH. TX
RECEIVED SrP 2'8 2009
MACVAL Associates, LLC
PRINCIPAL
A T: By: _
� .. E
Name: Aloysius A. Attah, RE
(Principal) Secretary
Title: President
(S E A L) Address: 8500 N. Stemmons Frwy, # 5060
Dallas, Texas 75247
Witness as to Principal
SureTec Insurance Company
SUR
:ATTEST: By: J A
Name: Brady K. Cox
Secretary Attorney in Fact
(S E A L) Address: 5741 Le..Qacy Drive Suite 210
Plano. Jexas 75024
54Witn-ejdas4to1SUre:ty Telephone Number. 972-644-2688
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. 4375655
PAYMENT BOND Renewal of Bond No. 4366436
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 Thirteen Thousand Nine Hundred Sixty Eight
abd no/100-------- Dollars ($113,968.00----) 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 18th day of August , 20,09, 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 City Secretary Contract No.36695, Renewal Contract for the
Construction & Replacement of Sidewalks, Citywide
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 26th day of August , 20,09.
MACVAL Associates, LLC
PRINCIPAL (� ('�
A S By: o' I \ F
Name: Aloysius A. Attah, RE
( ncipal) ecretary
Title: President
(S E A L) Address: 8500 N. Stemmons Frwy, # 5060
Dallas, Texas 75247
66W
Witness A to Principal
SureTec Insurance Company
SUR
ATTEST: By:
1 ' Name: Brady . Cox
Secretary Attorney in Fact
(S E A L) Address: 5741 Legacy Drive Suite 210
Piano. Texas 75024
Witness�as to Surety Telephone Number. 972-644-2688
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.
MAINTENANCE BOND
Bond No. 4375655
THE STATE OF TEXAS § Renewal of Bond No. 4366436
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 Thirteen Thousand Nine Hundred Sixty Eight
and no/100----- Dollars ($113.968.90, 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 18th of August , 20 09 a copy of which is hereto attached and made a part hereof, for
the performance of the following described public improvements: City Secretary Contract No.36695, Renewal Contract
for the Construction& Replacement of Sidewalks,citywide 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 6 counterparts, each of which shall be
deemed an original,this 26th day of-August , A.D. 20,09.
MACVAL Associates, LLC
PRINCIPAL
BY:
Name: Aloysius A. Attah. P.E.
(P cipal) Secretary
Title: President
(S E A L) Address: REM N- StPmmans FRWY #k 5060
Dallas, Texas 75247
�A& -
Witness as/td Principal
SureTec Insurance Company
SU
ATTEST: By:
cav,
Name: Brad K. Cox
Secretary Attorney in Fact
(S E A L) Address: 5741 Legacy Drive Suite 210
Plano, Texas 75024
- 1
Witness s to turety Telephone Number. 972-644-2688
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.
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
` . POA#: 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 E.Baldwin,Brock A.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,providing the bond penalty does not exceed
Five Million Dollars and no/100($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 Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/11 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 Attorney(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
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'k of April,
l999.)
In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seat
to be hereto affixed this 28th day of October,A.D.2008.
SURETEC INS A CE COMPANY
By. 4
B.J.Ki resident
State of Texas ss:
County of Hams -'
On this 28h day of October,2008 before me personally came B.J.King,to me known,who,being by me duly swom,did depose and say,that he resides
in Houton,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.
MIc�h•e-�l,l�e, Denny
a a
State of Texas (,I' �
b*"Augint Z7,2012
Michelle Denny,Notary P >!lic
My commission expires August 27,2012
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 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 26th day of August ,20 09 ,A.D.
//, /� JYL, Pt
A 1043 dauA
N1.BrentBevaty,—As—sislanf 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.
Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fad H
COUNCIL ACTION: Approved on 2/5/2008
DATE: 2/5/2008 REFERENCE NO.: **C-22656 LOG NAME: 20SIDEWALKGRP5
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with Macval Associates, LLC, for Sidewalk Contract—
(Group 5) 2004 Capital Improvements Program (Project No. 00893)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Macv,
Associates, LLC, in the amount of$436,245.00, for Sidewalk Contract—(Group 5) 2004 Capital
Improvements Program.
DISCUSSION:
The 2004 Capital Improvements Program included funding for the construction of City sidewalk
projects. These funds will be used to develop safer walking routes within the City's neighborhoods.
The work performed under this contract consists of replacing and constructing new sidewalks and
wheel chair ramps in various locations throughout the City.
Contract documents reflect total quantities that are listed as a guideline and budgeted funding for
these quantities stand at $436,245.00. Final payment will be based on actual field measured
quantities. Bid documents also include a provision for the City to exercise an option to renew this
contract two times under the same terms, conditions, and unit prices.
The project was advertised for bid on October 11, and October 18, 2007. On November 15, 2007, th
following bids were received:
BIDDERS BID AMOUNT
Macval Associates, LLC $ 436245.00
Advanced Paving $ 460303.15
DirtCO, d/b/a Styles Contracting $ 539328.58
Time of Completion: 270 calendar Days.
M/WBE—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.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=9099&councildate=215 9/23/2009
1\r_ViA:V; Page 2 of 2
In addition to construction cost, $49,000.00, is required for DOE inspection and surveying. The
contingency fund for possible change orders is $21,812.25.
These project will be citywide and will address sidewalk needs in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget , as appropriated
of the Street Improvement Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 541200 201380089383 $436,245.00
Submitted for Citv Manager's Office by: Marc A. Ott(8476)
Originating Department Head: Robert Goode (7913)
Additional Information Contact: Jim Walker(8009)
TTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=9099&councildate=2/5/2008 9/23/2009