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HomeMy WebLinkAboutContract 45520 FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF UTILITY CUT REPAIR CONTRACT 2013 Project No.UCOI-2013 Betsy Price Tom Higgins Mayor City Manager S. Frank Crumb, P.E. Director, Water Department Prepared for The City of Fort Worth p� WATER DEPARTMENT 2013 OFFICIAL RECORD .. . .. T S, RIM a; Pei End E M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL /AGENDA FoRT�» COUNCIL ACTION: Approved on 314/2014 DATE: 3/4/2014 REFERENCE NO.: **C-26694 LOG NAME: 60VC012013- WESTHILL CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract 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 a contract with Westhill Construction, Inc., in the amount of$500,000.00 for Utility Cut Repair Contract 2013. DISCUSSION: 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. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and are based on the budgeted amount of$500,000.00. It was also stipulated that regardless of the dollar amount bid, the contract would be awarded in the amount of$500,000.00. Final 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 three times under the same terms, conditions and unit prices. The project was advertised for bid on December 19, 2013 and December 26, 2013, in the Fort Worth Star-Telegram. On January 16, 2014, the following bids were received: Bidders Amount Bid Time of Completion Westhill Construction, Inc. $ 1,306,050.00 365 Calendar Days Specified Atkins Brothers Equipment $ 2,786,100.00 Company, Inc. Staff has reviewed the bid prices and find that they are fair and reasonable. M/WBE Office-Westhill Construction, Inc., is in compliance with the City's BDE Ordinance by committing to 11 percent MBE participation on this project. The City's MBE goal on this project is 10 percent. This project is located at various locations throughout the City. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Water and the Sewer Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 539120 0607011 $250.000.00 PE45 539120 0707008 $250.000.00 Submitted for City Manager's Office by: http://apps.cfwnet.org/council_packet/mc review.asp?ID=19479&councildate=3/4/2... 3/5/2014 M&C Review Page 2 of 2 Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: J. Chris Underwood (2629) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=19479&councildate=3/4/2... 3/5/2014 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on March 4, 2014 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and Westhill Construction, Inc., authorized to do business in Texas, acting by and 6 through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 UTILITY CUT REPAIR CONTRACT 2013 16 Proiect No.UC-012013 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 365 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Two Hundred—Ten & 00/100 Dollars $210.00 for each day that expires after the 33 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 34 of Acceptance. CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2013 Revised August 17,2012 Project No.UC-01 2013 005243-2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of Five Hundred Thousand and 00/100 Dollars 38 ($500,000.00). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents (project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2013 Revised August 17,2012 Project No.UC-01 2013 005243-3 Agreement Page 3 of 73 Article 6.INDEMNIFICATION - 74 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 75 expense, the city, its officers, servants and employees, from and against any and all 76 claims arising out of, or alleged to arise out of, the work and services to be performed 77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 78 under this contract. This indemnification provision is specifically intended to operate 79 and be effective even if it is alleged or proven that all or some of the damages being 80 sought were caused, in whole or in part, by any act omission or negligence of the city. 81 This indemnity provision is intended to include, without limitation, indemnity for 82 costs, expenses and legal fees incurred by the city in defending against such claims and 83 causes of actions. 84 85 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 86 the city,its officers,servants and employees,from and against any and all loss,damage 87 or destruction of property of the city,arising out of, or alleged to arise out of,the work 88 and services to be performed by the contractor, its officers, agents, employees, 89 subcontractors, licensees or invitees under this contract. This indemnification 90 provision is specifically intended to operate and be effective even if it is alleged or 91 proven that all or some of the damages being sought were caused in whole or in part, 92 by any act,omission or negligence of the city. 93 94 Article 7.MISCELLANEOUS 95 7.1 Terms. 96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 97 have the meanings indicated in the General Conditions. 98 7.2 Assignment of Contract. 99 This Agreement, including all of the Contract Documents may not be assigned by the 100 Contractor without the advanced express written consent of the City. 101 7.3 Successors and Assigns. 102 City and Contractor each binds itself, its partners, successors, assigns and legal 103 representatives to the other party hereto, in respect to all covenants, agreements and 104 obligations contained in the Contract Documents. 105 7.4 Severability. 106 Any provision or part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 108 remaining provisions shall continue to be valid and binding upon CITY and 109 CONTRACTOR. 110 7.5 Governing Law and Venue. 111 This Agreement, including all of the Contract Documents is performable in the State of 112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 113 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2013 Revised August 17,2012 Project No.UC-01 2013 005243-4 Agreement Page 4 of 4 114 7.6 Other Provisions. 115 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 116 classified, promulgated and set out by the City, a copy of which is attached hereto and 117 made a part hereof the same as if it were copied verbatim herein. 118 7.7 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 126 on r ctor: City of Fort Worth B Fernando Costa By-/� Assistant City Manager (Signature) Date Attest: t: (Printed Name) Ma aKs e r, cr City'recretary 000% (Seal) 00P0000 Title: 17 2:"�- 0 O;D 01 Address: fo, EA)Y-, ofy 6 1- 0 <—V C 6-4a� A10,55 M&C C.-OWC60A- Date: 3- City/State/Zip: Approved as to Form and Legality: Date Michelle M. Kretz Assistant City Attorney 127 128 129 APPROVAL RECOMMENDED: 130 131 132 133 S.Frank Crumb,P.E. 134 DIRECTOR, e,� -F 1( A4i 135 Water Department 136 OFFICIAL RECORD CITY 81CRIT4 RY WORTH9 7m CITY OF FORT WORTH UTILITY CUT REPAIR STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2013 Revised August 17,2012 Project No.UC-01 2013 C1�6d 1.3-d PERFORMANCE BOND Rage 1-off 2 SECTION as 6113 2 Bond #5174040 PERFORMANCE BOND 3 4 THE STATE OF TEXAS 5. KNOW ALL BY THESE PRESENTS; 6 COUNTY OF TARRANT § 7 8 That we,. Westhill-Construction.lnc,_,._ _ ,known as 9 `°Principal"b.erein and SureTec lnsuranee 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 fu lly 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 Dollars.and No Cents Dollars 14 ( :5(10,000.00 ),lawful money of the United States,,to be paid inTort Worth, 15 Tarrant County,Texas for the payment of which sum well and,ttlzly.to:be made,.we bind 16 ourselves,our heirs,executors,:administrators,successors and assigns,,jointly.and severally, 17 firmly by t ese.presents. 18 WHERE.A:S,the Principal1as"entered into a•certain:written Contract-with the City 19 awarded the day.cif . ,20 14 which Contract is hereby referred to and 20 made.a part,hereof for all purposes as if fully set forth herein,to furnish all materials;.equipment., 21 -labor and other.accessories defined bylaw,in-the prosecution.of the Workincluding any Change 22 Orders,as provided for in said:Contract designated as.Utilxty.Cut.]Etspair Gontra 203; 23 Project No.UC-012013 24 NOW,THEREFORE,the condition of this obligation is such.that if said.Principal 25 shall.t`aithfully perfornx it obligations under the Contract,and shall in all respects duly and 26 faithfully perform the Worts,.including Change Orders,under.the Contract,according,to'the plans, 27 specifications,and contract documents therein referred to,and as well during any period.-.of 28 extension of the Contract'that,ina be granted on the part of the City,then this obligation shall be 29 and become null and void;.otherwise to remain in full foroe.and effect. 30 PROVIDED FURTHER,.that if any legal action-be filed on this.Bond,venue:Qhall.lie in. 31 Tarrant County,.Texas or the United:States District Court for the Northern District.of Texas,Fort 32 Worth.Division. CITY OF roPIT.WORTH.. UT try CUT RUAIR STAMARD CONSTRUCTION sPEciFicArioN Dacum-ENT5_ CoNTRACMI3 RoviSad 7uly.d;2t?I I Project N6X"I.2o13 0061 13-2 PFJ*`ORMANCBWND Page 2 aT 2 I This Mond is made and executed.in compliance with the provisions of Chapter 2253 of the 2 Texas Government Cade,as amended,,and all liabilities on.this bond shall be determined%n 3 accordance with the provisions of said statue, 4 IN WITNESS WMREOF,the Principal and the Surety have SIGNETS andMALED 5 this instrument by duly authorized agents and officers on this the. 4th day of March *.,20_L4_, 7 PRINCIPAL: g :.We 11 .. p 6,l fir• 9 10 LI. 12 ignatura 13' ATTEST,—,.t. 14 , 1'S Ted Re holds President _.._ ti M. (Prcncip6l.�Secretary Name and Title 1.7 18 Address:_P.0.Box.2OI 6: . 22 Witness as to.Principal 23 SUURETY':�. ' 24' SureTec —I_iis_u r_atce Colttaq 25 27 BY . i 28 Sx nature •29 30 g 31 Natne.and Title. 32 33 Address :17L�great,Hills TrailSuite 320.., 34 ° Austin`TX. 78759 35. w 36 37 Witnesg as'tb Surety TelelihoueNumber::($:12)732-00.99 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on fie.a certified extract.: 42 from the by-laves.showing that this person has authority to sign such-obligation. If 43 Surety's.physical address'is different froze.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 woRv4 UTIL,MY CUT.M- AIR STANDARD CONSTRUCTION,SPECIFICATION DOC11ME14TS CO 2613 Revised July 1,2011 Project DIa,1JC.0r'.2013 0061.14-1 PAYM64TBOND Page 1 of.2 I SECTION 00 61.14 2 Bond #5174040 PAYMENT BOND 3 4 THE STATE.OF T EXAS § KNOW ALL BY THESE.PRESENTS: 6 COUNTY OF TAR.RANT 7 8 That. we; known as .9 `Trincipal"herein, and. 5izreTec.7.nstlranceCom an ,.a 10 corporate surety (sureties);, duly authorized to .do business in the State of Texas, known::as 1.1 "Surety"herein(whether one Ar more);.are.held and fire lly bound unto"-the City nf.Fort W nrEh;:a 12: municipal corporation,created pursuant to the Iaws.of,the.State of Texas;known as"City'°herein,. 13. in the penal sum of Five Hundred Thousand:.IDol.la.rs and'No Cents _ Dollars 14 (� 50'0 Q00:0'0 ;la'c U inoiiey of.the United States,. to be:paid in Fort Woith, 15 Tarrant County;Teas*.for.the:payment of which sum well and truly be made;.we bind ourselves;. 16 tour heirs,executors,administrators,successors and.assigns;jointly and severally,,firmly by these, 17 presents: Is NV13EREAS;.Principal has entered into a..certain.Written Contract with City,.awarded the 19 day of 20 14 Which Contract is hereby:referred to.and .20- made.a.part:hcreof.for a:ft P poses as.if fully set forth herein,to furnish all materials,equipment,. 21 labor and other accessories as defined by.law; i1�.the prosecution.of the Work.as provided for in. 22 .said,Contract and designated:as il'tility Cltt Repair Contract 2013;Project No,U"I 2013 ' 23 NOW, THEREFORE; TIIE CONDITION OF THIS OBLIGATION is such that.if 24 Principal.shall.pay all monjts owing.to any (anal:ally.paylrlerit liotld beneficiary (as defined iii. 25 Chapter'2253..of the Texas:Government.Code,as amended):inthe prosm ution ofthe Work:unde'r '26 the Contract,then:this obligation shall be acid become,null and void,otherwise to remain.in.fall 27' force anii,effect. 28 This bciiid is iaiade and executed in compli:azice'With the provisions of Chapter 2253 of t1ie: 29 Texas Government Code; as amended;.and at liabilities on,this bond shall be 'determined in. 30. aocordance with:the provisions of said.statute, i' y C1TY OF FORT'WOM umrfY=TFsPAtEL STANDARD CONSTRUCTION SPECMCATION DOCUMENTS CONTRACT 2013 Revised.Jury.1,2011 Pr0ject.No..UC-012013 00 61.14-2 PAYMENT BOND P4ge Z nf2 1 IN WITNESS WHEREOF,the.Principal and Surety have.each SIGNED and SEALED 2 this instrument by duty authorized agents and officers on this the 4th .day of March 2C:i 4 PRINCIPAL; ansin rtinn,Inr. . .........� .ATTEST, B. ... S" azure. ,al Secretary(Princi p ) Name and Title Address: P.O__Box.2'a16 W Cleburne,.TX 03.3 Witness as to Principal'. S`t7kny,:. Sure? ec nce.Com a . . ATTEST: \ n ,.. I3Y.( Siatuae ... Teresa Ciodse . (Surety)Secretary Name and,Title Address: 2737 reatp FIi�X Trail, Ui k.329,. Austin_t'x 787.9 , ....... Witness as to Surety Telephone Nutiber:: �Sj.�_)7j2-069g_ 5. 6. Nate: If signed by.ari.officer of-tine Surety, there must bo-on file a.certified,extract tom the 'bylaws sh'owiug that this person has authority to sign such obligation. If Surety's physical S. address i.s diiforent froze.its mailing address,,bath naust-be provided" .S. 10 The date of tha,bond shall not be pridr to the date the;Contract is awarded. 1 X END OF ACTION CTI ON ti 't".OF FORT WORTH UTII TTY CUT REPAIR STAND.ARDCONSTR,UCTION SPECIFICA"TION•DOCUME�M CpNxR�4CI 2013 Reuiscct'.Jit1y 1,2011 Project.Nb.VC-01::2013 OQ 6119-.1 MAINTENANCE'BOND Page I of 3 1 SECTION 00 6119 2 Bond #5174040 MAINTENANCE BOND 3 4 THE,STATE.OF TEXAS � 5 KNOW ALL BY THESE PRESENTS, 6 COUNTY OP TARRANT § 7 8 That we. Westiull Construetigtt,Iric. �.known as 9 "Principal°'herein cad_Suietec lrisuratice:Cdffipahyy' �,a.corporate;surety lil (sureties,if more than.one)duly authorized to da business iu the gtate of fi`exas,:known as I.I. "Surety„herein(whether one.or more),..are held and..firmly.bouud 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"111gusand Dollars and Ito Gents..... ._.Dollars ( ),lawful money aftlie Uin%ted.States,to be paid in port Worth, 1�4 500 000.00 15. Tarrant County,Texas,.for-payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves;our'.laeirs,.executors,administrators,successors and assigns,jointly 17 and.severally,firmly by these.presents., 1.8 19 WHEREAS,the Principal.has entered into a certaillwritterl contract with the City awarded 20' the day.of 20 14,.which Contract is:hereby. 21. referred to and;a made part hereof for all puiposes as if Rillyset fort3i herein,to.fiarnislt all 22: 'materials,equipment.labor and other accessories as defined by law,in-the prosecution of the 23 Work,:including any. Work.resulting from aZuly'authori.zed Change:Order(collectively herein, 24 the"'W orb").as provided for in said contract and designated-as Utility Cut Repair Cariract 25 .2013;Project.Nu.UC-012013;and' 26 27 W)EREAS,Principal binds itself to.use such materials andto so construct the Work in 28' accordance wifli'the.plans,.specifications and.Contract Documents thatthe,Wprk is.and will 24' remain free-from defeats:in.materials or workmanship far and during.the period of two(2).yearn 30 after the date of Final.A:cceptance,of the Work by'the City("Maintenance.Period");a�d, 31 32 WI REAS,Principal,binds itself to:repair or.reconstruct the Work-in.whole or M part 33 upon receiving notice from the City of the need therefor at.aniytime within the Maintenance 34 Period. CITY OF FORT WORTH* UTII;.rT Y'CUT'ReAIR STAISDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 241S Revised July;1,2011 Ptajecfl o.UC-47`2013 0061 19-2 MAINTENANCE BOND Fage2 of 3 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 voikotherwise to.remain.in 5 full force and effect. 6 7 PROVIDED,-HOWEVER, if Principal-shall fail..so to repair or reconsquct any timely .S, noticed defective Work,:it:is agreed that the City.may cause ar►y 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 PROVIDEDYURTHER,that:if:any legal.action be filed on this.Bonn,venue..shall lie inn .13 Tarrant.County,Texas or the United States District Court for:the Northern.District of Texas,Fort 14 Worth Division;and 15 16 PROVIDED F1[Tit. TBER,that this obligation shall.be continuous in nature and 17 successive:recoveries maybe had hereon for successive breaches. 18 19 CrTY OF FORT WORTH STANDARD CONSTRUCTION SPCMCATIOX DOCUMENTS UTILITY CUT REPAI R, CONTRA- 3 Revism July.1.20-11 Project No.T.I Oi 2a13- 006129-3 MAINTENANCEBOND Page 3 0£3 1 IN WITNESS'WSEREOF,the Principal and the Surety have each SIGNET?and SEALED:.-this 2 instrtalnment.by duly authorized agents and officers on this the, . 4th day..o f March x.20.14 ' PRIl^I AL 6 nstr action .rile. 9 13 �.•, 1.4 igna tore ,..,., 1.1 ATTEST- 12. 13 14 - T�,_ed R. yh6l LS;President........ W.. (Principal):Secretary Name and Title i6 16 P � ,O.:Eo: 20':1.6 i7. W .................................... es�?�burn .T<X.....76033:.. . .... l8 19 `..... .... ,:....... �, 20 Witness as to Principal; 2.1 22 23 SureTsc insurance.Campany 24 25 26 E Y. gesture 27 28 Tresa.Gads Attarne �ln-Fact 29 :A.TTES'T: Name'and Title . 34 31 Address; 973"7 Great.Hills Trail.Suite 320.. 32 'S 33 �)Secretary Aust'iri'TX 7$759, Wiss Surety •. 9 Telephone Numher:,;J 5 1.2.732-0099. . 36 37 'Note,:: If signed by an officer of the.Surety Company;there must.be on.file.a certified extradt. 339 from the by-laws showing,that this person has authority to sign..suoh obligation. If 39 Surety's physic4 address isp different from-its mailing address,both.must be:prpvided. 40 The date of the borld:shall not be prior to the date the Contract is awarded 41. Cl1'Y'OF FORT WORTl# VTii 11 Y CUT REPAFR STANDARD CONSTRUCTION SPBMCATION DOCUMENT S CONTRACT 2013 Itevisocl3ztly 1;2011 PmjeetNa.'T7C I 2013 -0 , Pon#:5174040 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 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: $ 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-Fact 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 Attomey(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 seat 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 2e oj'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 21st day of March,A.D.2013. e� NC SURETEC RAN OMpi&—NllY' �_ . o� By: ' st J2 John nox resident State of Texas ss: 7L . d !Y County of Harris s `.......... ° mmn On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, 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. aw+og JACQUELYN MALDONADO Notary Public t State of Texas _ My Comm.Exp.511812017 acquelyn Maldonado,Notary Public My commission expires May 18,2017 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 4th day of_March x 2014 A.D. Bre t Beaty,Assistant S cretary 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 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 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#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection @tdi.state.tx.us 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. AC°R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 3/3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Hub International Insurance Services NAME: Linda Smith PHONE 421 West Third Street, Suite 800 euC No Ext: (817) 820-8100 FAX 421 870-0310 E-MAIL Ft Worth TX 76102 ADDRESS: - INSURERS AFFORDING COVERAGE NAIC# INSURERA:Amerisure Mutual Insurance Co. 23396 INSURED (817) 558-2504 Westhill Construction, Inc. INSURER B: INSURER C: P.O. Box 2016 INSURER D: Cleburne TX 76033 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 48749 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AD_DL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DDIYYYY MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CPP1324096 2/2 2014 2 28 2015 DAMAGE EN E / / / / PREMISES Ea occurrence $ 50,000 CLAIMS-MADE [i] OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY F X PRO- F7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 A X ANY AUTO CA1324095 2/28/2014 2/28/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS IX AUTOSWNED PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB X OCCUR CU1324097 2/28/2014 2/28/2015 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- A AND EMPLOYERS'LIABILITY YIN WC2018729 2/28/2014 2/28/2015 X Y. ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA A E.L.EACH ACCIDENT $ 1,000,000 N❑ ---- (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The General Liability and Auto Liability policies includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status subject to policy terms and conditions. The General Liability, Auto Liability and Workers Comp policies includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it subject to policy terms and conditions. The General Liability, Automobile Liability and Workers Compensation policies include a blanket notice of cancellation to certificate holder's endorsement, providing for 30 days' advance notice if the policy is canceled by the company other CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH, TEXAS ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: J. CHRIS UNDERWOOD 1000 THROCKMORTON STREET AUTHORIZED REPRESENTATIVE FORT WORTH TX 76102 4 /4K, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Page 1 of 2 DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE 3/3/2014 CERTIFICATE HOLDER: INSURED: CITY OF FORT WORTH, TEXAS Westhill Construction, Inc. ATTN: J. CHRIS UNDERWOOD 1000 THROCKMORTON STREET P.O. Box 2016 Cleburne TX 76033 FORT WORTH TX 76102 DESCRIPTION OF OPERATIONS CONTINUED: than for nonpayment of premium, 10 days' notice after the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation. The General Liability policy contains a special endorsement with "Primary and Noncontributory" wording subject to policy terms and conditions. General liability policy has the additional insured endorsement number CG 20 10 11 85. General liability policy has blanket contractual liability - railroads coverage when required by written contract. General liability policy has a severability of interest clause. RE: UTILITY CUT REPAIR CONTRACT. FORT WORTH, TEXAS. PROJECT NO. UC-01 2013. CERTIFICATE HOLDER: THE CITY OF FORT WORTH, TEXAS, ITS OFFICERS, EMPLOYEES AND SERVANTS. DOC(10/2003) Page 2 of 2