HomeMy WebLinkAboutContract 45557-R1 CITY 9ECRETM
CONTRACT N0. L
FIRST RENEWAL AND AMENDMENT TO CITY SECRETARY
CONTRACT NO. 45557
WHEREAS, on April 08, 2014, the City of Fort Worth ("City") and Woody Contractors,
Inc. ("Contractor"), collectively the ("Parties"), made and entered into City Secretary Contract
No. 45557 (M&C C-26760, April 08, 2014) (the "Contract") for Miscellaneous Storm Drain
Improvements: Contract 2013 and
WHEREAS, the Initial Agreement ("Initial") of the Contract was executed on April 08,
2014; and
WHEREAS, the Initial Agreement is approaching the end of its original financial term;
and
WHEREAS, the Contract may be renewed up to two times at the same terms, conditions,
and unit prices as originally negotiated in the amount of$1,000,000.00; and
WHEREAS, the Parties desire to renew the contract for an additional financial term in
the amount of$1,000,000.00; and
WHEREAS, in order to protect the public's funds, the contractor will be bound to the
Unit Price Bid (Proposal) as stated in the contract documents.
NOW, THEREFORE, the Parties, hereby agree as follows:
I.
a. The Initial Agreement renewed both the contract and the financial term in an
additional amount of$1,000,000.00. The Initial Agreement is hereby ratified and
incorporated into the Contract by reference.
b. The Contract is hereby renewed for an additional financial term in the amount not
to exceed$1,000,000.00.
b. The "Proposal" originally submitted as shown in the contract documents, shall
remain in effect for the duration of the Contract, as renewed.
C. Task (work) orders will continue to be issued and remain contingent upon the
availability of funds and the availability of the contractor.
I1.
All other terms and conditions of the Contract not amended herein remain unaffected and
in full force and effect, are binding on the Parties and are hereby ratified by the Parties.
CONTRACT RENEWAL AND AMENDM r0FMft f5MCORD Page I
Miscellaneous Stonn Drain Improvements: on f tt 2013 EAR wR I(
y
tl V M RECEIVED SEP 2 5 2014
FT. WORTH,TX
A
IN WITNESS WHEREOF, the City and the Contractor have each executed this First
Renewal and Amendment in multiple counterparts by and through each Party's duly authorized
signatory.
This First Renewal and Amendment is effective as of the last date signed by a Party
hereto.
Woody C actors, Inc: City of Fort Worth
Troy W y Fernando Costa
President Assistant City Manager
Date: 2 zzl4
Date: 7 —�y
Aparoval Recommended:
Gsf W
Douglas p. Wiersig,P.E., irector
Department of Transportation and
Public Works
M&C C-26760
Date: 04-08-14
Approved as to Form and Legality:
Grant Jordarr
Assistant City Attorney
Attest:
Mary J. AyAf
City Secretary F opt
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CONTRACT RENEWAL AND AMENDMENT 1 CSC NO.45557 Page 2 OFFICO�� RECORD
Miscellaneous Stonn Drain Hnprovements:Contract 2013
CITY SECRETARY
FT.WORTH,TX
RIDER AMENDING BOND
To be attached to and form a part of Performance and/or Payment and/or Maintenance Bond
number 8219-06-13 issued by Vigilant Insurance Company
as Surety, on
behalf of Woody Contractors, Inc. , as
Principal, in the penal sum of($ 1,000,000.00-----------------) and in favor of
City of Fort Worth, Texas , as Obligee.
In consideration of the premium charged for the attached bond, it is hereby agreed that the
attached bond be amended as follows:
Increase Performance, Payment and Maintenance Bond Amounts from $1,000,000 to
$2,000,000 for the renewal of the Miscellaneous Storm Drain Improvements Contract 2013
City Project No. 02179.
Provided, however, that the attached bond shall be subject to all its agreements, limitations and
conditions except as herein expressly modified, and further that the liability of the Surety under
the attached bond and the attached bond as amended by this rider shall not be cumulative.
Signed, sealed, dated and effective July 14, 2014
WOODY CONTRACTORS, INC.
Principal
By.
VIGILANT INSURANCE COMPANY
Surety
B
Ky . Sw ene Attorney-in-Fact
RECEIVED SEP 25 2014
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059
c;t-ituB>a
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Elizabeth Gray,Charles D. Sweeney,Kyle W. Sweeney and Michael A.Sweeney of Fort Worth,Texas
each as their true and lawful Attorney-in-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any
instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 26th day of April,201
ennet 1,A istant ecre ry 7 ;, ' orr is,Jr.,Vice/Pres6�
STATE OF NEW JERSEY
ss.
County of Somerset
On this 26th day of April,2011 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY,the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attomey as
Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the
signature of David B.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By-
Laws and in deponent's presence.
Notarial Seal
KATHERINE J.ADEUTAR
NOTARY PU9UC NEW JEkSF1
"PAY � No.231616 685
PUV�G Commirtion wires July ib,201
Notary Public
y�NJ CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the
President or a Vice President or an Assistant Vice President,Jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any
Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached.'
I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY
(the*Companies')do hereby certify that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(11) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in
American Samoa,.Guam,and each of the Provinces of Canada except Prince Edward Island;and
(iii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this July 14, 2014
�utwv� ,dovu+nr� ,�quanecF
4VOIAMP Mr N�� NEW
e ne en ei, istant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656
e-mail: surety@chubb.com
Form 15-10-02258-U (Ed. 5-03) CONSENT
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 4/8/2014- Ordinance No. 21195-04-2014
DATE: 4/8/2014 REFERENCE C-26760 LOG NAME: 2020SWM_MISCSTORM2013
NO..
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Contract with Woody Contractors, Inc., in an Amount Up to
$1,000,000.00 for Miscellaneous Storm Drain Improvements Contract 2013, Provide for
Related Project Costs for a Total Estimated Project in the Amount of$1,500,000.00 and
Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of funds from the Stormwater Utility Operating Fund to the Stormwater
Capital Projects Fund in the amount of$1,500,000.00;
2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations
in the Stormwater Capital Projects Fund in the amount of$1,500,000.00 from available funds; and
3. Authorize the execution of a contract with Woody Contractors, Inc., in an amount up to
$1,000,000.00 for the Miscellaneous Storm Drain Improvements Contract 2013.
DISCUSSION:
The work to be performed under this Contract consists of minor extensions, replacements and/or
improvements to existing storm water systems. The price of each work order will be based on the unit
prices bid. The cumulative amount of all work orders is expected to be approximately
$1,000,000.00. If the Contractor exhausts the allotted funds prior to the end of the calendar term of
the Contract, the City may elect to extend the Contract through the end of the calendar term up to a
maximum of 25 percent of the Contract's original value, provided the funds are available and the
Contractor agrees to abide by the same terms, conditions and unit prices originally bid.
The bid amounts cited below were based on hypothetical quantities for the purpose of establishing
unit prices for each work item. Final payments will be made based on actual measured
quantities. Funding will be verified individually for each work order prior to its release. The 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.
This Contract was advertised for bid in the Fort Worth Star-Telegram on January 9, 2014 and
January 16, 2014. On February 13, 2014, the following bids were received:
BIDDERS BID AMOUNT TIME OF CONTRACT
Woody Contractors $3,485,125.00 365 Calendar Days
Atkins Bros. Equipment Company $4,339,225.00
Humphrey & Morton Construction Company, Inc. $5,914.847.40
City Staff Probable Cost $3,046,065.00
Therefore, Staff recommends the Contract be awarded to the lowest responsive and responsible
bidder, Woody Contractors, Inc.
M/WBE Office - Woody Contractors, Inc., is in compliance with the City's BDE Ordinance by
committing to 18 percent MBE participation. The City's goal on this Contract is 15 percent.
In addition to the cost of construction, $500,000.000 is required for right-of-way and easement
acquisition, inspection and survey services.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget, as appropriated, of the Stormwater Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1 $1.500.000.00 1) PE69 538040 0209205 $1.500.000.00
P228 476069 2012802179XX
P228 531350 201280217992
$6,000.00 P228 541200 201280217983 $1.000.000.00
21 $90.000.00
P228 531200 201280217984
21 $203.000.00
P228 531350 201280217985
1
P228 533010 201280217981
000.00
21 $160.000.00
P228 531350 201280217952
2) $40.000.00
P228 531350 201280217942
1 $1.000.000.00
P228 541200 201280217983
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Johnny T. Jasper (7343)
ATTACHMENTS
2020SWM MISCSTORM2013 P228 A014.docx