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HomeMy WebLinkAboutContract 32149 CITY SECRETARY FO RT WO RT H CONTRACT NO . nacl AGREEMENT TO EXTEND STREET SWEEPING CONTRACT 3RD AND LAST YEAR (CITY OF FORT WORTH CONTRACT NO. 28572) 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 third year by mutual agreement of both parties, using the same unit costs contained in the original contract. APPROVALS INFRASTRUCTURE SERVICES, INC. CITY OF FORT WORTH Homero Guajardo Marc Ott Division Manager Assistant City Manager Date: (10® ( – t)�S- Date: 2/—"Z- &'te, ATTESTED BY: APPROVED AS TO FORM AND LEGA Y: Marty Hendrix 0 Gary S inb rger City Secretary ssis ant City Attorn Contract authorization Date TRANSPORTATION AND PUBLIC WORKS DEPARTMENT OFFICIAL HCORD THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102 Ciff SEICI RET RY 817-392-7800 * FAx 817-392-8092 FT, Q�p li � 'o ed fer BOND# 1006735 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Infrastructure Services. Inc. , as Principal herein, and (2) Arch Insurance Company a corporation organized under the laws of the State of (3) Missouri , 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 Nineteen Thousand, Five Hundred Seventy Five Dollars and No Cents Dollars ( $219,575.00 ) 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 18th day of March , 2003, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of 2002 STREET SWEEPING PROGRAM — 2ND RENEWAL Proiect No. R101-539120-2002R. 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 2nd day Of June R.7� 111xl- Li!��� NY Infrastructure Services, Inc. PRINCIPAL ATTES By: Name: /ylAele- agowNIF (Phcipal) r Title: c e7i ;' c3Ti�sA3Z7�L (S E A L) Address: '7/1 /z,9X/leeti ,1w 7,70 73 Witness as to Principal/- Arch Insurance Company SURETY ATTEST: By; Name: Vickie usr Secretary Attorney in Fact d (S E A L) Address: 2911 Turtle Creek Blvd. , Suite 300 Dallas, Texas 75219 Witness as to S ety Kri t Knapp Telephone Number: 214-599-8332 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 Attomey-in-Fact. The date of bond shall not be prior to date of Contract. Infrastructure Services, Xnc. PRINCIPAL ATTEST: By: Name: (P cipal) $ecriito Title: f3Tiy�i�- (S E A L) Address: 7// APOA/ y jW 77 7 707 (//67�� it ess as to Principal Arch Insurance Company SURETY ATTEST: By: Name: Vickie Byus 1, Secretary Attorney in Fact (S EA L) Address: 2911 Turtle Creek Blvd. , Suite 300 Dallas, Texas 75219 Witness as to Sr Kristy knapp Telephone Number: 214-599-8332 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. Ce I 1 ,kay Fy. 6jim, � i�. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company") does hereby appoint Kristi Lovett, Margie Lange, Vickie Byus, David G. Miclette, Barry K. McCord, J. Frank Kelley, Jr., Jack McReynolds, Edward G. Britt and Samuel F. Bowen of Houston, TX (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance:of these- presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if.th.e;same ''ad-bee,n duly executed and acknowledged by its regularly elected officers at its principal office in Kansas.City, Missouri. . This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003,_true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated Jr?writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resoiution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of-the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM _The portion of the_premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. t ARCH Insurance Company ARCH Surety TEXAS CONSUMER NOTICE IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent at the telephone number provided on the Declarations page of your policy. You may call_Mary Jeanne Anderson, Surety, Arch Insurance Company, at the toll-free, telephone number provided below: 1-866-472-8845 You may contact the Texas Department of Insurance to obtain information on companies' coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O, Box 149104 Austin, TX. 78714-9104 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: � Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Jul 14 OS 02: 00p Infrastructure Services 972-399-8228 p. 3 AC rV CERTIFICATE OF LIABILITY INSURANCE 3110/005 Y' PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION Bowen, Miclette & Britt, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1111 North Loop West HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77008 INSURERS AFFORDING COVERAGE NAICi� INSURED INSURERA, Steadfast Tnsurance Company 26387 Infrastructure Services, Inc. INSURERB: Southern County Mutual 27863 P.O. Box 73487 WSURERG: Texas Mutual Ins. Co. 22945 711 Rankin Road Houston TX 77213 INSURERD: INSURER E: COVERAGES 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 On OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE HAY 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. AGGREGATE LIMITS SHOWN MAY HAVE RFrN REDUCED BY PAID CLAIMS. POUCYNUMBER POLXWEFFECTIVE POUCYEXPIRAnGN UFMTS A GFTIERALUARIUTY SC0902682900 2/28/2005 2/28/2006 EACNOCGURRENGE E 1.000,000 X COMMERCIAL GENERAL LIABILITY PREMISES L§3oaouranoe S 0, CLAIMS MADE KI OCCUR MED EXP(Any one S 5,000 X BI/PD:25000 PEnSONALAAOVIWURY E 1,000,000 GENERALAOGREGATE E 2,000,000 GEN'LAGGREGATCUMITAPPUESPEA: PRODUCTS-COMPfOP AGO S 2,000,000 POLICY X PRO-JECT E-1 LOC B AUTOMOBILE LIABILITY STC5632480 2/28/2005 2/28/2006 COM81PEDSINGLE LIMIT E '750,000 ANYAUTO (EascddaM) ALLOW EOAUTOS OOOILYINJURY X 8C11EDULEDAUTOS (Per P-) S X HIREDAUTOS BODILY PLAIRY S ]( NON ALTOS (Persaddem) PFIOPERTY DAMAGE E (P"r accldem) GARAGE UAIRUTY AUTO DNIY-EAACCIDENT E ANYAUTO OTHERTHAAI FAAGL: S AUTOOI,&Y. AGG S EXCESS/UeBRELIA UAINLITY EACNL7CL.'UKMNCE S OCCUR 0 CLAIMS MADE AGGREGATE S E DEDUCTIBLE E RETENTION S E CWORKERS COMPEAIEATKNi AND TSF000702037 2/28/2005 2/28/2UU6 X T FR WC STATU- 1R- ETIPLOYERVLIANUTY1,000,000 ANYPROPRIETOR?ARTNEER/EXECUT)VE E.L.EACHACGIDEM S OFFICEWMEMSEREXCLUOED? E.L.DISEASE-EA EMPLOYEE S 11000,000 11 yyee{s describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMB 5 1,000j000 OTHER DESCRIPTION OF OPERATIONS I LOCATIDALS/vsmeLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: STREET SWEEP Certificate Holder is named as Additional Insured as respects ED the GL poiicy as required by written COnra Ct. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Cit O£ Fort Worth DEFORE SHE EXPIRATION DATE THEREOF, TRE ISSUING INSURER Y WILL ENDEAVOR TO MAIL l0 DAYS WRITTEN NOTICE TO THE Attn: Harold Jolly CERTIFTCATF. HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 1000 Throckmorton SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Fort Worth TX 76102 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORRED REP RESET(TATIY E ACORD 25(2001!08) CACORD CORPORATION 1908 Jul 14 05 02: 01p Infrastructure Services 972-399-8228 p• 4 IMPORTANT It the certificate holder is an ADDITIONAL INSURED, the poGcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in(tieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(20tH 109) 'r W7�r City of Fort Worth, Texas WDavor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 3/18/03 **C-19512 20INFRA 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO INFRASTRUCTURE SERVICES, INC. FOR THE 2002 STREET SWEEPING PROGRAM AT VARIOUS LOCATIONS RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $200,000 from undesignated funds in the Environmental Management Operating Fund to the Street Sweeping Project within the Environmental Management Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of$200,000; and 3. Authorize the City Manager to execute a contract with Infrastructure Services, Inc. in the amount of $219,575 for one year, with an option to renew for two successive one-year terms based upon satisfactory performance for street sweeping at specified locations. DISCUSSION: In accordance with the FY2002-2003 approved budget, staff has developed a street sweeping program to provide regularly scheduled service on a weekly, monthly, or quarterly basis on arterial streets, major collector streets, and other streets with high pedestrian activities. Regular sweeping services would be provided by this contract and by Transportation and Public Works Department in-house crews. Contract sweeping services will provide regularly scheduled service throughout the City to arterial streets, major collector streets, and other streets with high pedestrian activities. The in-house sweeping program will provide regularly scheduled service along a single corridor extending from the Cultural District to Texas Christian University. As-needed services will be provided by the contract according to the agreed-upon hourly rate. The City also reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25% of the contract award. This project was advertised for bid on August 1 and 8, 2002. On August 29, 2002, the following bids were received: BIDDERS AMOUNT Dallas Sweeping & Contractors, L.P. $182,325 Infrastructure Services, Inc. $219,575 The first low bidder, Dallas Sweeping & Contractors, L.P., is not in compliance with the contract City of Fort Worth, Texas 41 .1060c and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 3/18/03 **C-19512 201NFRA 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO INFRASTRUCTURE SERVICES, INC. FOR THE 2002 STREET SWEEPING PROGRAM AT VARIOUS LOCATIONS specifications concerning the number of years of municipal and state experience required, as well as regarding age of equipment. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the department and approved by the M/WBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. This project is located in ALL COUNCIL DISTRICTS. Funding for this project will be provided by the budgets of the Environmental Management Department ($200,000) and the Transportation and Public Works Department ($19,575). FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current operating budgets, as appropriated, of the Environmental Management Fund, the General Fund, and the Contract Street Maintenance Fund. MO:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2) R101 472103 052200209000 $200,000.00 Marc Ott 8476 2) R101 539120 052200209000 $200,000.00 Originating Department Head: Robert Goode 7804 (from) APPROVED 3/18/03 1) R103 538070 0521100 $200,000.00 ORD.#15484 Additional Information Contact: 3) R101 539120 052200209000 $200,000.00 3) GG01 539120 0208004 $ 1,625.00 Susan Schwinger 6529 GS93 541200 020930590010 $ 17,950.00