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Home My WebLink AboutContract 45557-R2 CITY SECRETAW CONTRACT NO.. SECOND RENEWAL AND AMENDMENT TO CITY SECRETARY CONTRACT NO. 45557 (45557-R1) 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 1sT Renewal Agreement ("l" Renewal") of the Contract was executed on September 22, 2014; and WHEREAS, the 1st Renewal Agreement is approaching the end of its 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 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. II. 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. OFFICIAL RECORD CONTRACT RENEWAL AND AMENDMENT 1 CS VJIM'SECRETARY age I RECEIVED OCT 2 9 ?M4 Miscellaneous Storm Drain Improvements:Contract 2 13 FT.WORTH,TX IN WITNESS WHEREOF, the City and the Contractor have each executed this Second 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 Contractors,Inc: City of Fort Worth Troy Yoody Fernando Costa President Assistant City Manager Date: 4/.ZZ//i Date: /0 ( IF Ap Recommended: Gv LJ L) Douglas . Wiersig,P.E.,Direc r Department of Transportation and Public Works M&C C-26760 Date: 04-08-14 1` Renewal CS: 45557-RI Approve as to Form and Legality: Grant Jorda Assistant City Attorney Attes r ar J. ay rZ City Secret y F®,¢�► s OFFICIAL RECORD CITY SECRETARY . { _F CONTRACT RENEWAL AND AMP_NDMENT I N S 'rX N11ACAliwcuus Slum Drain 1"W"Wen�a:Ctwa.., I i FORTH, FORT WORTH Fort+n�orth 0 Storm Water Management October 14, 2014 Troy Woody President Woody Contractors, Inc. 650 Tower Dr. Kennedale, Texas 76060 2nd' RENEWAL OPTION - REQUEST FOR RENEWAL MISCELLANEOUS STORM DRAIN IMPROVEMENTS: CONTRACT 2013 CITY SECRETARY CONTRACT NO. 45557/45557-R1 On April 08, 2014 Council awarded the above project with M&C Reference number: C-26760. The Contract expires April 08, 2015, or as funds are used up, whichever, comes first. At this point we are nearing the expenditure of funds from the 1S1 renewal, but still have work orders that need to be completed. Therefore at this time, in order for work orders to get completed it is necessary to initiate the renewal process to allocate more funding. The work to be performed will remain as outlined in the contract documents with all unit prices as they are currently stated. At this time we are giving you the opportunity to continue with the Contract as you have agreed or decline as you also have that right. Please place a check mark below for your decision to renew or not. Please sign and date. Yes I would like to renew this Contract No, I do not wish to renew this Contract. l0 - / 1. Troy ody presentative Date If you a any questions, please call me at (817) 392-7343. Si Jo T. Jasper If Manager FORTWORTH Fort Worth °JLLO Storm Water Management October 14, 2014 Troy Woody President Woody Contractors, Inc. 650 Tower Drive Kennedale,Texas 76060 2Nd RENEWAL OPTION - REQUEST FOR RENEWAL MISCELLANEOUS STORM DRAIN IMPROVEMENTS: CONTRACT 2013 CITY SECRETARY CONTRACT NO. 45557 On April 08, 2014 Council awarded the above project with M&C Reference number: C-26760. The below documents are to be completed as follows: > Renew Certificate of Insurance with the City of Fort Worth named as Holder. > Renew Performance Bond, Payment Bond, Maintenance Bond and Power of Attorney. Including signatures of the Surety Company and the Power of Attorney. ` All forms must be signed by the President, Vice President, Owner, or Partner otherwise a Corporate Resolution of the Board of Directors is required. Please ensure the dates are covered since we are renewing a little early. Once I receive the other requested documents (other attached document requests), you will be issued an official "Notice to P oceed"for the next renewal. Iany questions, please call me at (817) 392-7343. Jasper anager nts File 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(82 000,000.00-----------------)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$2,000,000.00 to $3,000,000.00 for the renewal of the Miscellaneous Storm Drain Improvements Contract 2013 CiV 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 October 14,2014 WOODY CONTRACTORS,INC. Principal 7 VIGILANT INSURANCE COMPANY Surety B : Kyle W. eeney Attorney-in-Fact Chubb POWER Federal Insurance Company Ann: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Padflc Indemnity m ty Corn perry Warren,liJ 0708Y 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 carporlttion,do each hereby Donatilute and appoint Elizabeth Gray,Charles O.Sweeney,Kyle W.Sweeney and Michael A.Sweeney of Fort Worth,Texas each as their hue and lawfel Attorney-In-Fad to execute under such deslpnaron In their names and to afbt their oorpora0s&"*to and F& w Fr and on tnfr thMStl se surly Ihaeon or otherwise,bonds and undsrhkings and dher writings obligatory In to nature tureaf(cow than ball bonds)given or executed In the course of business and Inseu "M arse or any nAng stinting M same.and consents b the modllinaon a alferaton d any kntbument raferoad to In said bonds a obligations. In Ufltness Whereor,sold FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed end slMsted thaw presents and affixed their corporate seals on this 26th day or April,201 m=jj�g/'Y'---.Z,/ orris.Jr.,Vice President STATE OF NEW JERSEY County of Sohn erset ss. On this 26th day of April,2011 before me,a Notary Public of Now Jersey,personally come Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,to eomraniss which axecuNd Me tongohg Paver d Attorney.and the said Kenneth C.Wendel,being by me duly sworn.did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMMTY COMPANY and knows Me oorporsto testa Hereof,that Ns seals sflbmd b the kuegdng tower of Albrney an such exporaW seats and were thereto aalxed by aulhodty of to By Laws of sold Companies:and that he aWW said Power of Aaaocy as Assistant Secretary of said Companies by Moe aulhoft and that he Is acquainted with David B.Nhmis,Jr.,and knows Mm to be Vice President of said Companies;and that the signebm of David S.Nord$.Jr..subscribed to said Power of Atoriwy is Ih the genuine handwtlktg of David B.Norris.Jr.,and was thereto submted by authority of said By- Laws and In deponorts prosenccs. Notarial Seal KATHERINE J.ADEIAAR NOTARY PUDUC OF NEW JFRSFI cP%Jsv No.2316685 Cotnndubn bbpifes July 1 b,'1014 Ndary Pubic CERTIFICATION Extract b om the By.Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: %W powan of o0wney for sad on behalf of the Company may and shat be executed In the none and on behalf of the Company,ether by the Chairman or On President or a Vice Psasldent or an Assistant Vios President,jointly with M Secretary or an Assistant Secretary,seder their respective de*wftns.The slgnakra of am*o(Ilcers may be engraved printed or INhogrgMed.The signature d each of the following oftioes:Chairman,PresldoeL any Mca kwicknL oM Assistant Vice President,any Secretary.any Assistant Secret"and the seal of the Company may be aff"d by faceirnte to any power of "m my or to any OW Meets re"M themb appointing Assistant Secretaries or Attorneys-In-Fact for ghettos-only of exeadirg and attesting bonds and nndertMrings and otwx wribigs obligatory in the nacre thereof,and any such power of attorney or caftele bearing such facsknte slgnsture or farxbmlle seal shat be vatd end bindng upon the Company and any such power so executed and cortMd by such facsimile signature and McsYNle seal shat be wand and binding upon the Company with respect Is any bad or tmdertel ft to which it Is attached.' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (tie'Companilow)do hereby artily tut (q the foregoing etdraat of the By-Laws of the Companies Is true and correct Qq the Cowpu les are duty Iloeraed and authorized b transact surety business N air so of the United Slalos of America and the Dklrld of Columbia and are aUlarlaed by this U.Y.Tseaeary,Department;briber,Fedent and Viglart are licensed In Puerto Rloo and the U.S.VIMM Islands,and Federal Is licensed M American Semoa,.Guam,and each of the Provinces of Canada except Prince Edmad bland:and (ll) to ongoing Pawn of ANorney to true,corned end in kill face and elect. Ghan►wrier my hand and soots of sold Companies of Warren,NJ this October 14, 2014 IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTM PLEA&E CONTACT U8 AT ADDRESS LISTED ABOVE,OR BY TeNpNene(900)90.1-3493 Felt(909)903.3999 e-IRaN: .corn Forth 15.10.022511,U (Ed B-03) CONSENT t A----- CERTIFICATE OF LIABILITY INSURANCE DATE perBOOIYrYYI 4130 014 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(les)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 NAME: Higginbotham Insurance Agency,Inc. PHONE FAx 500 W. 13th rwti.817-336-2377 t Fort Worth TX 76102 A DRESS INSURER($)AFFORDING COVERAGE _ INSURERA:Unfted Fire&Casually Co. 13021 INSURED WOODY8 INSLIRERB:Texas Mutual Insurance Company 22945 Woody Contractors,Ina INSURERC: dba Tri Tech Construction NSURERO: 850 Tower Dr. Kennedale TX 78060-3012 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1028107776 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. Ni11R TYPE OF INSURANCE POLICY EPP POLICY EXP IJR I D POLICY NUMBER UNITS OENERALI-ABIUTY 85319573 /30/2014 03012015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTEff-- X COMMERCIAL GENERAL LIABILITY PREMISES Enoccurence $100,000 CLAIMS-MADE L�_J OCCUR MED EXP Om ore $5,000 X ak!;1.900 PERSONAL i ADJ"JURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEWL AGGREGATE UNIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 000 000 POLICY X PRO LOC $ AUTONOaILE UABILrTY 30014 /30/201 S CEO $1,000,000 X ANY AUTO BODILY INJURY(PW Person) $ ALL OVMHED SCHEDULED BODILY INJURY(Per eoddW* $ A1/T09 NON4NV QED P OPERTY DAMAGE $ HIRED AUTOS AUTOS UMBRELLA LIAO X OCCUR $5319573 /30/2014 /30/2015 EACH OCCURRENCE $4.000.000 EXCESS LUM i I CLAIMS-MADE AGGREGATE $4.000.000 DED 1 1 RETENTION $ WORNER$COMPENSATION TSF0001268770 /30/2014 /30/2015 X WCSTATU- OTH- AND EMPLOYEW LNBILRY ANY PROPRIETOR/PARTNER/FXECUTIVE Y� NIA E.L.EACH ACCIDENT $1.000,000 OFFICEWMEMMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $1,000,000 Mmddoly Byee d@Kfte under E.L.DISEASE-POLICY LIMIT S1 000 000 DESCRIPTION OF OPERATIONS below A Leeeed/Rented Equip 86319573 /30/2014 /3012015 Limit$250,000 Ded:$1,000 Scheduled Equip See Below Dec$1.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aeeeh ACOIID let.AtAleml PARM1 le SGIMI& ,N"M epee M F*"W) The General Usbilily and Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status and General Liability,Automobile Llabildy and Workers'Compensation policy includes a blanket waiver of subrogation endorsement to the certificate holder only when there is a written contract between the named insured and the Certificate holder that requires such status. ` The Genera(Liability policy has a blanket Primary Non Contributory endorsement that affords that coverage to certificate holders Only See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES PIE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Cry Of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throclunorton St Fort Worth TX 78102 AUTHORIZED R&PRESENTATIVE ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(20i=S) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:VMDY8 _ LOC f: A�& ADDITIONAL REMARKS SCHEDULE Paw I of i AGENCY NAMEDINSURED Higginbotham Insurance Agency,Inc. Woody Contractors,Inc. dba Tri Tech Construction POLICY NUNRER 650 Tower Dr. Kennedale TX 76060-3012 CARRIER NAIL CODE CMlCTWE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE here there is a written contract between the Named Insured and the certificate holier that requires such status. The Automobile Liability policy Includes a blanket notice of cancellation to certificate holders endorsement,providing far 30 days'advance notice if the policy Is canceled by the company other 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. Umbrella is follow form. MISCELLANEOUS STORM DRAIN IMPROVEMENTS:CONTRACT 2013,CITY PROJECT NO.02179 THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION(10 FOR NON-PAY OF PREMIUM) TO THE CERTIFICATE HOLDER. ACORD 101(200111/01) ®2005 ACORD CORPORATION. AN rights raserved. The ACORD name and logo are registered marks of ACORD