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HomeMy WebLinkAboutContract 36054 (2) CITY SECRETARY�;Y CONTRACT NO. FORTWORTH AGREEMENT TO EXTEND STREET SWEEPING CONTRACT FOR THE SECOND YEAR (City of Fort Worth Contract No. 33960) As provided for in the above referenced contract and based upon satisfactory performance by your company in the first year of the contract,this contract is hereby extended for the second year by mutual agreement of both parties,using the same unit costs contained in the original contract. APPROVALS SWEEPINS,L.P. CITYO T OR G SE �. XA Andy Atkinson,President Marc Ott Assistant City Manager Date: Al /;Z 7 Date: 10,s©''07 ATTESTED BY: APPROVED AS TO FORM AND LEGALI City Secretary All,City Atto ey Q r Contract Authorization 02�-' ':51) ��Co Date ,� J CERTIFICATE OF INSURANCE STANDARD FORM BY INSURER BOND# 104263219 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRA14T § That we, (1) Sweeping Services of Texas Operating, L.P. , as Principal herein, and (2) Travelers Casualty and Surety Company of America , a corporation organized under the laws of the State of (3) Texas , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Two Hundred Thirty Four Thousand, Ten Dollars and No Cents Dollars ( $234,010.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 16" day of October , 2007, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of STREET SWEEPING PROGRAM AT VARIOUS LOCATIONS. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 1st" day of October , 2007. PRINCIPA ATTEST: By: ®®�� Name: (Principal)Secretary Title: (S E A t_) Address: loop- '• -Z'�" /2y3 ST- 7k Witness as to Principal Travelers Casualty and Surety Company of America SURETY ATTEST: By: r c/ 1Gy1! Name: Linda Helms Secretary Attorney in Fact (S E A Q Address: 700 Highlander Suite 350 Arlington TX 76015 Witness as to S rety U Telephone Number. (817)275-2626 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. BOND# 104263219 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) _1Sweeaing Services of Texas Operating, L.P. , as Principal herein, and (2) Travelers Casualbi and Surety Company of America a , corporation organized and existing under the laws of the State of(3) Texas as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Two Hundred Thirty Four Thousand, Ten Dollars and No Cents Dollars ( $2U.010.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the le day of October., 2007, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: STREET SWEEPING PROGRAM AT VARIOUS LOCATIONS . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 16t' day of October , 2007. PRINCIPAL ATTEST: By: Name: (Principal) Secretary Title: (S E A L) Address: Witness as to Principal Travelers Casualty and Surety Company of America SURETY CC� ATTEST: By: A"6-,,-I��L--" Name: Linda Helms Secretary Attorney in Fact (S E A Q Address: 700 Highlander Suite 350 Arlington TX 76015 Cu Witness as to Surel# Telephone Number. (817)275-2626 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond# 104263219 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That Sweepina Services of Texas Operating, L.P. ("Contractor"), as principal, and, Travelers Casualti and Surety Company of America a corporation organized under the laws of the State of Texas ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Two Hundred Thirty Four Thousand, Ten Dollars and No Cents Dollars ($234.010.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the le of October , 20 07, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: STREET SWEEPING PROGRAM AT VARIOUS LOCATIONS the same being referred to herein and in said contract as the Work and being designated as project number(s) R103-0521100. GS93-020930590050 & R101-052200802000 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term Of 2(Two)Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and Bond# 104263219 the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount!hereof is exhausted. IN WITNESS WHERE OF, this instrument is executed in 6 counterparts, each of which shall be deemed an original,this 16"' day of October ,A.D. 2007. PRINCIPAL ATTEST: By: Name: (Principal) Secretary Title: (S E A L) Address: Witness as to Principal Travelers Casualty and Surety Company of America SURETY ATTEST: By: Name: Linda Helms Secretary Attorney in Fact (S E A L`% Address: 700 Highlander Suite 350 Arlington TX 76015 C/-'�'� c�-- - Witness as to Sure Telephone Number: (817)275-2626 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. WARNING:TH18 POWER OF ATTORNEY IS INVALID WITH04JTT1iE RE[)BORDrtq STPAUL POWER OF ATTORNEY Ci TRAVELERS fstrmznrtua Casualty Company St.Paul Guardian Insurance Company Fidelity a11d Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity Arid Guaranty Insurance Underwriters,Inc. travelers Casualty and Surety Company Seaboard Surct3 Company Travelers Casualty and Surety Company of America St,Paul fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 214937 Certificate No. 000349663 KNOW ALL MEN BY THESE PRf-SENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Gwrdiaa Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Ciiwaliy Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws 4)f the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a curlaorn jkm duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Robert C.Walch, Daniel F. Dacy III,JtfF Jordan, Larry McNeil, Gary McNeil, Pamela Jane Rowen, Linda Helms, and Michelle Nitsch of the City of Arlinr"tun _ —,State of Texas ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than true is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereat on behalf of the Companies in their business Of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pewitted in any4ttions ceedings allowed by law. 25th IN WIT�II?i RE 3�F,thc_(! j( a;rites have caused this instrumeent to be. n6'and their eoi'porate seals to be hereto affixed,this day of -A�1lf - — •1Fi-VU — :Farn&mgton Casualty Company St.Paul Guardian Insurance Company $ldniity and Guaranty Insurance Compatay, St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Companv aE°a"0. s�M..iMSG� P�ruq•+,� p(Y4N0 �ftY +.4"�: JJk4 :O 1977 O n 14; o f W < tNRTFOH0. < 1896 bgM,E•�5 t � � 1951 m� � s„� - �`•SE AU=o1 ; cats. ° ��Cow1�2 N �.... Pa 'sb a• t . v9� r41/) State of Connecticut By: City of Hartford ss. Gorge W —pson,Sen' r Vic President 25th April 2006 On this the day of ,before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Fa mington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers C ualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W'Ttr In Witness Whereof,I hereunto set•my hand and official seal.My Commission expires the 30th day of Jwc,2006. ip Mane C.Tetreault,Notary Public 58440-9-05 Printed in U.S.A. 'NARNING:THIS POri'ER OF ATTORNEI'IS INVALLD WITHOUT THE RED BORDER WARNING,:TNt$POWER OF ATTORNEY Is INI+ALIn WrTNOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company,St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice 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 Resident Vice Presidents,Resident 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 on the Company in the future with respect to any bond or understanding to which it is attached. 1,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surely Company ofAmericq,-qnd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said'dompanies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of : 20 _- Kori M.Johans Assistant Secretary' G�SU,��' �p�ogy.� �lr FIRE 64 O`hN.�4.CG9 J/JpY 1NSUgq gJPlFV 4MOm gyp_"iY� YY'Y� 02 Obi eft L �o * � r � >P rZpRVOR4�.7 -?.' PO4Al�In UP `p Q 951 i t s a z o 'g 1977 1927 +z: �- runrPoao, wwrrano, o s' I:ONN. n OOI4t. 0 m t896 w � SEAL `ol -�; To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS ROWER OF A170FINEY IS JNVALID WITHpUTTHE REb aORDER City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/16/2007 - Ord. No.# 17837-10-2007 & Ord. No.# 17838-10- 2007 DATE: Tuesday, October 16, 2007 LOG NAME: 20ST SWEEP EXT REFERENCE NO.: **C-22446 SUBJECT: Authorize Execution of the First Renewal of City Secretary Contract No. 33960 with Sweeping Services of Texas Operating, L.P., for the Street Sweeping Program at Various Locations, Authorize Transfer of Funds and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing appropriations in the Environmental Management Operating Fund by $200,000 and decreasing unreserved, undesignated fund balance by the same amount; 2. Approve the transfer of $200,000 in undesignated funds from the Environmental Management Operating Fund to the Street Sweeping Project in the Environmental Management Project Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund by $200,000; and 4. Authorize the City Manager to execute the first renewal of City Secretary Contract No. 33960 with Sweeping Services of Texas Operating, L.P., for the Street Sweeping Program at various locations. DISCUSSION: On August 3, 2006, (M&C C-21591) the City Council approved City Secretary Contract No. 33960, with Sweeping Services of Texas Operating, L.P., for street sweeping at various locations. The contract was for one year with two one-year renewal options. Funding for this project is provided by the Environmental Management Department ($200,000) and the Transportation and Public Works Department ($34,010), which is allocated from their operating funds. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available, as appropriated, in the Environmental Management Project Fund. TO Fund/AccounVCenters FROM Fund/AccounVCenters Logname: 20ST SWEEP EXT Page 1 of 2 A y 1) R103 538070 0521100 $200,000.00 2) R103 538070 0521100 $200,000.00 2&3) R101 472103 0522Q0802000 $200,000.00 4)GS93 539120 020930590050 $34,010.00 3) R101 539120 052200802000 $200,000.00 4) R101 539120 052200802000 $200,000.00 Submitted for City Manageilo Office by: Marc A. Ott (8476) Originating Department Hea : Robert Goode (8255) Additional Information Contact: George Behmanesh (7914) Logname: 20ST SWEEP EXT Page 2 of 2