HomeMy WebLinkAboutContract 47996-R1 9
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�CF��IF J. CONTRACT N0._
FIRST RENEWAL TO CITY SECRETARY
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3► CONTRACT N0. 47996
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99 HEREAS, on July 15, 2016, the City of Fort Worth ("City") and Woody Contractors,
Inc. ("Contractor"), collectively the ("Parties"), made and entered into City Secretary Contract
No. 47996 (M&C C-27818, June 28, 2016) (the "Contract") for Citywide Storm Drain
Improvements: Contract 2016; and
WHEREAS the Contract is approaching the end of its original term; and
WHEREAS the Contract may be renewed up to two times, in the amount of
$2,000,000.00, at the same terms, conditions, and unit prices as originally bid;
NOW, THEREFORE, the Parties, hereby agree as follows:
1.
a. The Contract is hereby renewed in the amount not to exceed $2,000,000.00 at the
same terms, conditions, and unit prices as originally bid.
b. Task (work) orders will continue to be issued and remain contingent upon the
availability of funds and the availability of the contractor.
Il.
All other terms and conditions of the Contract remain unaffected and in full force and
effect.
IN WITNESS WHEREOF, the City and the Contractor have each executed this First
Renewal by and through each Party's duly authorized signatory, effective as of the date
subscribed by the City's designated Assistant City Manager.
Woody Contractors, Inc: City of Fort Worth
Troy Wood Jesus Ch pa
President Assistant City Manager
Date:
Date:
OFFICIAL RECORD
CONTRACT RENEWAL No. 1 CS NO.47996 CITY SECRETARY Page 1
Citywide Storm Drain Improvements: Contract 2016 WORTHt Tx
A,,p�pproval Recommended:
Z�6 U (1
Contract Compliance Manager: Douglas 6k. Wiersig, P.E Director
Department of Transportation and
Public Works
By signing, I acknowledge that I am the
person responsible for the monitoring and M&C C-28293
administration of this contract, including Date: 06-20-17
ensuring all performance and reporting I L4 S 4L y
i
ements. Approved as to orm and Legality:
1- a&�� —
Steven E. Eubanks Douglas W. Blac
Sr. Professional Engineer Sr. Assistant City Attorney
Attest: IZ
ary a J
City Se etary
FOR,.)-
AS
ORTAS
OFFICIAL RECORD
CITY SECRETARY
PT.WORTH,TX
CONTRACT RENEWAL No. 1 CS NO.47996 Page 2
Citywide Storm Drain Improvements: Contract 2016
FORTWORTH
June 21, 2017
Troy Woody
President
Woody Contractors, Inc.
650 Tower Drive
Kennedale, Texas 76060
15' RENEWAL OPTION - REQUEST FOR RENEWAL
CITYWIDE STORM DRAIN IMPROVEMENTS: CONTRACT 2016
CITY SECRETARY CONTRACT NO. 47996
On June 20, 2017, City Council authorized the First Renewal with M&C Reference number: C-
28293. The below documents are to be completed as follows:
Renew Certificate of Insurance with the City of Fort Worth named as Holder.
y Renew Performance Bond, Payment Bond, Maintenance Bond and Power of Attorney.
Including signatures of the Surety Company and the Power of Attorney.
y Signed four (4) copies of renewal contract
* All forms must be signed by the President, Vice President, Owner, or Partner
otherwise a Corporate Resolution of the Board of Directors is required.
At this time, all documents are currents 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 Proceed" for the next renewal.
If you have any questions, please call me at (817) 392-7857 or (817) 266-1120.
Sin erply,
Xtoen E. Eubanks, P.E., CFM
Senior Storm Water Engineer
Attachments
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STORM WATER MANAGEMENT
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TE A-s 76102
817-392-2578 * FAx 817-392-2433
Printed on recycled paper
RIDER AMENDING BOND
To be attached to and form a part of Performance and/or Payment and/or Maintenance Bond
number issued by Vigilant Insurance Company
as Surety, on
behalf of Woodv Contractors, h e. , as
Principal, in the penal sum of($ 1.SOO.000.UO-----------------) and in favor of
Citv 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. Pavment and Maintenance Bond Amounts from $1,500.000.00 to
$3.500.000.00 for the Renewal of the Citywide Storm Drain Improvements: Contract 2016
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 June ?3, 2017
WOODY CONTRACTORS, INC.
Principal
B
VIGILANT INSURANCE COMPANY
Surety
B :
Ryle W. Sweeney Attorney-in-Fact
IEChubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
cNUBe
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
4Lnne1-r"Wd/d1AbT/istant S41refary"7 Da ' Norris,Jr.,Vice President
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 sworn, 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 authorityof said By-
Laws and in deponent's presence.
Notarial Seal
KATHERINE J.ADELMR
Zp,RY�� NOTARY PUSUC OF NEW JFRSFI
Nt-.2316685
r�OV,`1p Commission€xpirss July 14,2014
PU V Notary Public
NflYJ 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,
(ii) 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 June 23, 2017
FuW
OD ��euofvfo�� �` °syy
IASN f W
e net en el, . 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 15-10-02256-U (Ed. 5-03) CONSENT
Official site of the City of Fort Worth,Texas
CITY COUNCILAGENDA FORT tl
COUNCIL ACTION: Approved on 6/20/2017
DATE: 6/20/2017 REFERENCE C-28293 LOG NAME: 20SW CITYWIDE STORM
NO.: DRAIN-1ST-RENEWAL
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of the First Renewal of City Secretary Contract No. 47996 in the
Amount of$2,000,000.00 with Woody Contractors, Inc., for the City-Wide Storm Drain
Improvements Contract for a Total Contract Amount of$3,500,000.00 and Provide for
Contingencies, Construction Management, Surveying, Inspection and Material Testing for a
Total Project Amount of$4,068,100.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute the first renewal of
City Secretary Contract No. 47996 with Woody Contractors, Inc., in the amount of$2,000,000.00 for
the City-wide Storm Drain Improvements for a total contract amount of$3,500,000.00.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to recommend execution of the first
renewal of a unit price based contract with Woody Contractors Inc. This contract is a tool to quickly
respond to small, high priority drainage improvement needs throughout the City that are identified by
customers or Staff. The original contract was authorized by M&C C-27818 on June 28, 2016.
The work to be performed under this contract consists of extensions, replacements and/or
improvements to existing stormwater systems, implemented by work order. The price of each work
order will be based on the unit prices bid. The cumulative amount of all work order tasks in the first
renewal of this contract is expected to be$2,000,000.00.
Other budget items beyond the construction contract amount include $300,000.00 for material testing,
inspection, survey and project management and $200,000.00 for easement acquisition and other
contingencies. The total budget for this renewal phase is$2,500,000.00. The total project budget is
$4,068,100.00.
M/WBE OFFICE -Woody Contractors, Inc., is in compliance with the City's BDE Ordinance by
committing to 4 percent MBE participation on this first renewal.
This contract is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as
appropriated, of the Stormwater Capital Projects Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project ProgramActivity Budget Reference# Amount
ID I I ID I I I
Year I (Chartfield 2) I
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Douglas Wersig (7801)
Additional Information Contact: Steve Eubanks (7857)
ATTACHMENTS
Woody Renewal 1 Form 1295.pdf
CERTIFICATE OF INTERESTED PARTIES FORM 7295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-206014
Woody Contractors Inc
Kennedale,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 0511112017
being filed. )
City of Fort Worth Date Ackn le� /
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
100092 Citywide Drain. Ren.1
Storm drain Construction-this is the first renewal to the original contract
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Woody,Trent Kennedale,TX United States X
Woody,Troy Kennedale,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
oo`Y p�aik SHARON RIDDLE
t Notary Public r Signature o th rized get of cqn -Acting business entity
y ST..A��tT��E OG,F�TEXAS
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AF X rS1�JMknFtg"12812018 r /�
Sworn to and subscribed before me,by the said f�h4 rtJa'1 is•��"t--- - this the day of ��^
20 �� ,to certify which,witness my hand and seal of office.
Lrrroody 1\.k V,
ig toicer adtfWni Tb-ath Printed name of o icer administerin4 oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883