Loading...
HomeMy WebLinkAboutContract 51536-R3CSC No. 51536-R3 CITY OF FORT WORTH THIRD AND FINAL RENEWAL OF AGREEMENT WHEREAS, the City of Fort Worth, ("City"), and Westhill Conshuction, Inc., ("Contractor"), entered into that certain ORIGINAL AGREEMENT (City Secretaiy #51536, M&C G28921) 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 Contractoi• desire to renew the ORIGINAL AGREEMENT for an additional teim at the same price; funding for said THIRD RENEWAL is available in the 2021 Water & Sewei• 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 Setvices as set forth in the ORIGINAL AGREEMENT has not changed. Article II The Contractor's compensation shall be in the amount up to $800,000.00. The Term of this renewal agreement shall be effective as of the effective date for a duration commensurate with the expenditure of the funding, but in no event shall the agreement last longei• than five years from the effective date. Article III EXECUTED by each parry's duly authorized i•epresentative and EFFECTIVE as of the d�te subs�ribed by thP City's designated City Manager. SIGNATURE PAGE TO FOLLOW OFFICIAL RECORD CITY SECRETARY FT. W�RTH, TX Tliird and Final Rene�val ofAgreement Page 1 of2 Utility Cut Repair Contract 2018 City of Fort Worth �q�rq ���aG��a�f' Dana Burghdoff (May25, 202 17:55 CDT) Dana Burghdoff Assistant City Manager DATE: May 25, 2021 APPROVAL RECOMMENDED: cMrisfophe� ffa�de� Christopher Harder (May 25, 2021 09:42 CDT) �lvis Harder, P.E. Director, Water Depa��tment Westhill Conshuction, Inc. � Ted Reynolds President DATE: S I �`$ I �,,� APPROVED AS TO FORM AND LEGALITY: ��1 DBlack (May 25, 202116:42 CDT) Douglas W. Blacic Sr. Assistant City Attorney ATTEST: � /.,�/, Mary J. Kayser City Secretaiy M&C: G28921 Date: November 6, 2018 ,p,-p.4b�n� aa� FORr �aa � oFa00000000� � i� � °�� � 0 0 0 _o o= va o 0 � o � a ��Y o p F T oo p *Q d� _ �00000� a Contract Compliance Manager By signing I ackno�Nledge tr.at I ar:1 the person responsible for the monitoring and administration of this contract, including ensu �ing all performance and reporting requirements. �` . � � . /' ;� � Sign ture � Lawrence Hamilton Name of Employee Senior Professional En ineer Title Third and Final Renewal ofAgreement Utiliry Cut Repair Contract 2018 OFFICIAL RECORD CITY SECRETARY FT. W�RTH, TX Page 2 of 2 � � 5 � '� N �� � o C� � p O � � �, � C �' n � O o. � m � � � -� �n' �- _ � �. C� � 0 � � � � � N� � � fn C� �� rn CD � � � � � m3 � � � � �� o �� v � � � � � � Q �� � -� � �. O � � � �- � �. �� v �� o � . s � n 0 � � � 5� � 0 � � 0 � � m � Q � � �� 7 C� �D � � �r � �D � � vi 00 _ N �' c� N N m .n � 0 a. �� � � � c� � � � � c� � � � � � c� < � a a � rt � c� 0 0 � 5' � � � � � 0 a V Q� �D c� �* � C � � � � � � v _�' 0 � � � v n � N � � � � � � rn v � rn rn 0 0 m � a � z 0 ..� 1"F � � D 0 � � r+ O 69 � O O 0 0 0 0 0 n 0 � � N 0 � � � v � � v � N � N O N � � � � � O � (D O � � � N � CD � � m .Q � � � � � v �- m � � � fD n � v � v � m � _ VI � � � � � � � D � D n _ v � � Dm Y� O C m -i �z D� � _ �� O � Dn r� � O � m r � v m D � � � m z � � z v n � � C� � Z � � � � n O � '� r D nT �,1 � rn � � � D Z v C � C) � � O O �J � � O � -� _ � N N O W N � � May 6, 2021 Westhill Construction, Inc. P 0 Box 2016 Cleburne, Texas 76033 817-558-2504 J. Chris Underwood Water Department Design Services 927 Taylor St, Fort Worth, Texas 76102 MWBE commitment 2018 Utility Cut Repair- 3rd and final renewal We will continue to utililize Luna Trucking to reach our 11 percent MBE goal for the next $800,000.00 3rd and final renewal. Angela Reynolds Westhill Construction,Inc. Underwood, (Chris) J. From: Sent: To: Cc: Subject: Attachments: Approved. Gatewood, Sophia D. Friday, May 21, 2021 12:11 PM Underwood, (Chris) J. Howe, Cheryl RE: Certificate of Insurance_Westhill Utility Cut Repair Contract 3rd Renewal UC01-2018-R3_Certificate of Insurance.pdf Sophia Gatewood, CPCU, ARM-P, AIC, AINS, FCLS Property & Casualty Manager HR/ Risk Management '�' (817) 392-7784 � 8 (817) 392-5874 Cliy Of FOl'1 WOYtII — WOl'IClllg tDaBI%JBI' /O Illlllll ![ SIYOIlb C011tlltl[/tllj�. F�RT VVURTH Follow Fort Worth � � f �. CN�►g'� �'I M p�'R-�,�`. S 11RE`T,( �,CYZ1��eD '�►JOS �S c�u�'�l.'f' �a-� �o � M �.� 2 �, ?,�21 @ � :15aw� � From: Underwood, (Chris) J. Sent: Friday, May 21, 2021 9:23 AM To: Gatewood, Sophia D. <Sophia.Gatewood@fortworthtexas.gov> Cc: Howe, Cheryl <Cheryl.Howe@fortworthtexas.gov> Subject: Certificate of Insurance_Westhill Utility Cut Repair Contract 3rd Renewal Sophia, Please find attached the Certificate of Insurance Acord for your review and approval. Thanks, J. Chris Underwood Water Department Design Services 927 Taylor St. Fort Worth, TX 76102 (817) 392-2629 Hoi>> am I doif�g? Please corrtact my sarpervisor Lawrence.Hamilton cr,FortWorthTexas. o�v i Bond # 4423875-R3 006113-1 PEI2FORMANCE BOND Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 6113 PERFORMANCE BOND § § KNOW ALL BY THESE PRESENTS: § That we, _ Westhill Construction, Inc. , known as "Principal" herein and Markel Insurance Company , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 13 sum of, Eight Hundred — Thousand and 00/100 Dollars ($ 800,000.00 ), lawful money of 14 the United States, to be paid in Fort Worth, Tan-ant 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 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the Principal has entered into a certain written contract with the City '�4 awarded the �__ day of _�___ , 20 `L� , 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 Utilitv Cut Repair Contract 2018; City Project No. UC-012018, Third and Final Rene�val. 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 ful] 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 Narthern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH UTII,ITY CUT REPAII2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018 Revised 7uly 1, 2011 City Project No. UC-01 2018 00 61 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 this instrument by duly authorized agents and officers on this the 17th day of May 6 ,20 21. 7 s 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ATT`EST: (Principal) Secretary as to � �r Witness as to Surety -� PRINCIPAL: Westhill Construction, Inc. � : �' � ` � � _ �a� . .��_ _ ` \ � � �� _ N e and Title Address: PO Box 2016 Cleburne, TX 76033 SURETY: Markel Insurance Company ` .� BY: � ; �� ``i_ �.�t �. �/.`��,'�,� \ �Signature ` Teresa Godsek, Attorney-in-Fact Name and Title Address: 4521 Hi�hwoods Pkwy Glen Allen, VA 23060 Telephone Number: 866-732-0099 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws 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. CTI'Y OF FORT WORTH UTILITY CUT I2EPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018 Revised July ], 2011 City Project No. UGO1 2018 Bond # 4423875-R3 00 61 14 - 1 PAYMENTBOND Page 1 of 2 1 2 3 4 5 6 �/ g 9 10 11 12 13 14 15 16 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 61 14 PAYlVIENT BOND § § KNOW ALL BY THESE PRESENTS: § 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 corparation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of_Ei�ht Hundred — Thousand and 00/100 Dollars ($ 800,000.00), 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, fuTnly by these presenis: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 r1� day of ►M�� , 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-Ol 22 2018, Third & 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 UTII,ITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCLJMENTS CONTRACT 2018 Revised July 1, 2011 City Project No. UC-01 20] 8 oo6i la-z PAYMENTBOND Page 2 of 2 1 IN WITNESS WIIEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 17th day of 3 May , 2p 21 4 PRINCIPAL: Westhill Construction, Inc. AT'TEST: (Principal) Se tar Witness as t Principal SURETY: Markel Insurance Company � \ ATTEST: BY: � �� `.� �5.� i��- �' �- ��� �- `,'.� Signature `� �o (Surety) Secretary ._ �? Witness as to Surety 5 6 7 8 9 10 11 12 BY: Signature `��\�����- s�.�.�.a� Name and Title Address: PO Box 2016 Cleburne, TX 76033 Teresa Godsey, Attorney-in-Fact Name and Title Address: 4521 Highwoods 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 UTILITY CUT REPAIR STANDAI2D CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2018 Revised July 1, 2011 City Project No. UC-01 2018 Bond # 4423875-R3 006� 19-i MAINTENANCE BOND Page 1 of 3 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 61 19 MAINTENANCE BOND § § KNOW ALL BY THESE PRESENTS: § 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 the State of Texas, known as "City" herein, in the sum of Ei�ht Hundred — Thousand and 00/100 Dollars ($_800,000.00 ), 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. 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 11 � day of ��` y , 20 21 , 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 "Wark") as provided for in said contract and designated as Utilit_y Cut Repair Contract 24 2018; City Pro.ject No. UC-012018, Third and F inal 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 CONTIZACT 2018 Revised July 1, 2011 City Project No. UC-01 2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 00 61 19 - 2 MA.IIVTENANCE BOND Page 2 of 3 NOW TAEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Ciry, to a completion satisfactory to the Ciry, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being bome by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any ]egal 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 Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCiJMENTS Revised July 1, 2011 v�.rrY cu�r �r.anz CON'IRACT 2018 City Project No. UC-01 2018 00 61 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 17th day of Mdy 3 ,20 21. 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 ATTEST: (Principal) Secretary �� -- Witness as to Principal ATTEST: (Surety) Secretary � ` ,- �� �---- Witness as to Surety PRINCIPAL: Westhill Construction. Inc. � : �Ja�. ��.. = • \ •, � \ ��\�[va��►��- Sa � ��.�_ ame and itle Address: PO Box 2016 Cleburne, TX 76033 SURETY: Markel Insurance Company � � �� � � BY: '��, \; . �/; '`��_�'L_ �.ti�: ,' Signature , Teresa GodseX, Attorney-iri-Fact Name and Title Address: 4521 Highwoods Pkwy Glen Allen, VA 23060 Telephone Number: 866-732-0099 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. Cfl CTTY OF FORT WORTH LJTILITY CUT REPAIR STANDARD CONSTRUCTION SPECTFICATION DOCUMENTS CONTRACT 2018 Revised July 1, 2011 City Project No. UC-01 2018 ro,a �: _4423875-R3 Markel insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That MARKEL INSURANCE COMPANY (the "Compan�/'), a corporation duly organized and existing under the laws of the State of Illinois, and having its principal administrative office in Gien 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 Pr����Pai: Westhill Construction, Inc. obiigee: City of Fort Worth Amounts: $ �$��,���.�Q 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 eoard 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 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, that the signature of any authorized officer and seal ofthe 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 under'taking 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 17th day of MaV , 20 21 . Commonwealth of Virginia Henrico County MARKEL INSU . CE,�OMPANY / �..�..�_.... By: tf � k\ "`fj�/ `j� ..y Robi Russo, enior Vice President On this 17th day of May , 20 21 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 seai; that it was so affixed by order of the Bcard of Directors of said Company; and that he signed his name thereto by like order. / f :QiPR�1PUP� � l./CA.J�� 1�7C4U��l �.Y�V � l���V ���"1' -_'..-�- �~ =��'� �"••�`; Notary Public, State of Texas BY� / �� *' Notary IU# 12291380 Casey Gauntt, Notary Public ;;,�qE.__,,.�+;5,;' My Commisslon Expires °` March 30, 2021 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 6y 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 17th day of May , Zp 21 , �,//lt . BY: / c/i l� ��'�..� Richard R. Grinnan, s 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 830 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 , , ,� � � � � �i�i���' Non-Texas Rider 010106