HomeMy WebLinkAboutContract 47996-R2 CITY SECRETARY
CONTRACT N0.
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SECOND AND FINAL RENEWAL TO CITY SECRETARY
CONTRACT NO. 47996
WHEREAS, 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 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;
WHEREAS, on July 6, 2017, the Parties entered into the First Renewal of the Contract
(City Secretary Contract No. 47996-R1; M&C C-28293, June 20, 2017); and
WHEREAS,the Contract is approaching the end of its first renewal term; and
WHEREAS, certain additional terms to the Contract are required by law to be included;
NOW, THEREFORE, the Parties, hereby agree as follows:
I.
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
RECEIVED availability of funds and the availability of the contractor.
I 1 2018 II.
CITY OF FORT WORD
ctTrst=cREraRr
The Contract is hereby amended to include the following language:
Immigration Nationality Act
Contractor shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form
(I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate
procedures and controls so that no services will be performed by any Contractor employee who is
not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY
AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Contractor, shall have the right to immediately terminate this Agreement for violations
of this provision by Contractor.
OFFICIAL RECORD
CONTRACT RENEWAL No.2 CS NO.47996 CITY SECRETARY Page 1
Citywide Storm Drain Improvements:Contract 2016 FT.WORTH,TX
III.
The Contract is hereby amended to include the following language:
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Contractor certifies that Contractor's signature
provides written verification to the City that Contractor: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
IV.
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 Second
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 Wo y VSustAlanis
President Assistant City Manager
'Q, 0'7 �'_ Date: I l t ( is
Date: U
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CONTRACT RENEWAL No. 2 CS NO. 47996 Page 2
Citywide Storm Drain Improvements: Contract 2016
Approval Recommended:
- L/�& W. W
Contract Compliance Manager: DouglabV. Wiersig, P.E., D ctor
Department of Transportation Rnd
Public Works
By signing, I acknowledge that I am the
person responsible for the monitoring and M&C C-28809
administration of this contract, including Date: 08-21-18
ensuring all performanc nd reporting
requirements. Approved as to Form and Legality:
Sen E. Eubanks, .E., PMP, CFM Douglas W. Black
Sr. Professional Engineer Sr. Assistant City Attorney
OF FO/��, Attest:
A� O
,Mary J. K
Z j' City Secretary
CAS
OFFICIAL RECORD
CITY 3ECRLTARY
FT. WORTN, TX
CONTRACT RENEWAL No. 2 CS NO.47996 Page 3
Citywide Storm Drain Improvements: Contract 2016
RIDER AMENDING BOND
To be attached to and form a part of Performance and/or Payment and/or Maintenance Bond
number 8238-20-27 issued by Vigilant Insurance_Company
as Surety, on
behalf of Woody.Contractors, Inc. , as
Principal, in the penal sum of($2,000,000.00-----------------)wid 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 $3,500,000.00 to
$5,500,000.00 for the Second and Final 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 August 28, 2018
WOODY CONTRACTORS, INC.
Principal
B :
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VIGILANT INSURANCE COMPANY
Surety
B
e W. Sweeney Attorney-in-Fact
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059
ciHIJBB
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, 27Da]*
ennet I,A rstant etre ry4 LLI,�Z .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 S.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.ADELAAR
NOTARY PU9UC OF NEW JFRSFI
vQ GARY �� Ne.2316685
e�\G�' Communion E*res July 16,2014
PV Notary Public
a�N J 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 August 28, 2018
�NpraN� hs wrM ~EW YOPr
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 15-10-022513-U (Ed. 5-03) CONSENT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/21/2018
DATE: Tuesday, August 21, 2018 REFERENCE NO.: C-28809
LOG NAME: 20SWM CITYWIDE STORM DRAIN 2ND RENEWAL
SUBJECT:
Authorize Execution of the Second and Final Renewal of City Secretary Contract No. 47996 in an Amount
Up to $2,000,000.00 with Woody Contractors, Inc., for the Citywide Storm Drain Improvements Contract
and Provide for Contingencies, Construction Management, Surveying, Inspection and Material Testing for a
Total Project Amount of$6,568,100.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute the second and final
renewal of City Secretary Contract No. 47996 with Woody Contractors, Inc., in an amount up to
$2,000,000.00 for the Citywide Storm Drain Improvements Contract.
DISCUSSION:
On June 28, 2016, (M&C C-27818)the City Council authorized the award of a contract in the amount of
$1,500,000.00, with the option of two renewals of up to $2,000,000.00 each, to Woody Contractors, Inc.,
for the Citywide Storm Drain Improvements Project. On June 20, 2017, (M&C C-28293)the City Council
approved the first renewal in the amount of$2,000,000.00. The funds for the first renewal of the contract
are nearly expended.
The work to be performed under this Contract consists of extensions, replacements, and/or improvements
to existing stormwater systems, implemented by work orders. The cost of each work order is based on the
unit prices bid in the original contract. The cumulative amount of all work orders in this second renewal 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
$6,568,100.00.
M/WBE OFFICE-Woody Contractors, Inc., agrees to maintain its initial MBE commitment of 4%that it
made on the original contract and extend and maintain that same MBE commitment of 4% to all prior
change orders up to and inclusive of this Change Order No. 2. Therefore Woody Contractors, Inc.
remains in compliance with the City's BDE Ordinance and attests to its commitment by its signature on the
Acceptance of Previous MBE Commitment form executed by an authorized representative of its company.
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. Prior to an expenditure being incurred, the participating department
Logname: 20SWM CITYWIDE STORM DRAIN-2ND RENEWAL Page I of 2
has the responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
FundDepartment ccount Project Program Activity Budget Reference Amount
ID ID Year #
(Chartfield
2
FROM
Fund Department Account Project Program Activity Budget Reference Amount
ID ID Year #
(Chartfield
2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Steve Eubanks (7857)
ATTACHMENTS
1. 20SW CITYWIDE STORM DRAIN 2nd RENEWAL FID Table.docx (CFW Intemal)
2. Woody Compliance Memo RENEWAL 2.pdf (CFW Internal)
3. Woody Renewal 2 Form 1295.pdf (Public)
4. Woody SAM search Results Renew 2.pdf (CFW Internal)
Logname: 20SWM CITYWIDE STORM DRAIN-2ND RENEWAL Page 2 of 2
a-az��5
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10,11
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,S.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. 2018-372657
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 06/26/2018
being filed.
City of Fort Worth Date Acknowled 1/4
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,andpr vide a
description of the services,goods,or other property to be provided under the contract.
100092-Citywide Drain.Ren.2
Drainage work
4 Nature efinterest
Name of Interested Parry 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 UNSWORN DECLARATION ' / 1
My name is r04 W 00 1., and my date of birth is 3— d 0 b
My _ 2GQ� LZ,-Id
M address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct. �//�
Executed in a r/-an IL County, State of on the day of NYLC 201.
(month) (year)
ignature of
V odthori3p6'6ent of contracting business entity
eclarant)
Forms provided by Texas Ethics Commission www.ethICS.StatedX.us Version V1.0.5523