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
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Non-Texas Rider 010106