HomeMy WebLinkAboutContract 33960-02 Cory W C NO y`3 da
FORTWORTH
2ND RENEWAL AGREEMENT TO EXTEND STREET SWEEPING
CONTRACT FOR THE THIRD 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 last two years of the contract,this contract is hereby extended for
the third year by mutual agreement of both parties,using the enclosed unit costs.
APPROVALS
SWEEPIN=,L.P. CITY OF FORT WORTH
�eow� Com»
Andy Atkinson,President Fernando Costa
Assistant City Manager
Date: /Z- la Date: /;il/7Aps
ATTESTED BY: Grera s,Acting Director
Tra tation&r Public Works
City Secretary APPROVED AS TO FORM AND
LEGALI
Contract Authorization City A t tfl,
Oy 9 RanrtSe
Assi�fgnt City A tOffly
GrH-W'i L RECORD
CITY SECRETARY
FT.WORTH,TX
CERTIFICATE OF INSURANCE
STANDARD FORM BY INSURER
OFFiCiAL RECORD
CITY SECRETARY
FT.W0RTH,TX
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID CD DATE(MM/DWYYY)
SWEEP-1 1 12/02/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
First Texas Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services, L.C. HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
700 Highlander, Ste. 350 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Arlington TX 76015
Phone: 817-275-2626 Fax: 817-275-2661 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA: Nautilus Insurance Company
Sweeping Services of Texas - INSURER B: Great Divide Insurance Company
Operating LP
dba Mr. Dirt of Texas INSUREP C: Service Lloyds Insurance Co.
3324 Roy Orr Blvd INSURER D:
Grand Prairie TX 75050
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 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD' POLICY
LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY)EFFECTIVE POLICY
DATE(MM/DD/YY)TION LIMITS
GENERAL LIABILITY EACH OCCURRENCE E 11000,000
A X kCOMMERCIAL GENERAL LIABILITY ECP01506481 10 09/02/08 09/02/09 PREMISES'EH occurence $ 100,000
CLAIMS MADE FX I OCCUR MED EXP(Any one person) $51000
PERSONAL S ADV INJURY E 11000,000
GENERAL AGGREGATE E 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG E 2,000,000
X POLICY PRO LOC
JECT
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT E 11000,000
B X X ANY AUTO BAP1506480 10 09/02/08 09/02/09 (Ea accident)
ALL OWNED AUTOS
BODILY INJURY S
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
(Per sooideM)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E
ANY AUTO OTHER THAN EA ACC E
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACHOCCURRENCE E 51000,000
A X OCCUR ❑ CLAIMS MADE FFX1506482 10 09/02/08 09/02/09 AGGREGATE E 51000,000
E
DEDUCTIBLE E
X RETENTION $10,000 S
WC STATU- OTH-
WORKERS COMPENSATION AND X TORY LIMITS ER
EMPLOYERS'LIABILITY
C ANY PROPRIETOR/PARTNER/EXECUTIVE SRZ 17559-08 06/10/08 06/10/09 E.L.EACH ACCIDENT E 11000,000
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE E 11000,000
If yes,describe under
SPECIAL PROVISIONS below -7 E.L.DISEASE-POLICY LIMIT E 1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Second Renewal of City Secretary Contract No., 33960, Project #R103-
0524104, 2008-2009 Street Sweeping Program The City of Fort Worth, its
officers, employees and servants are named as Additional Insureds on all
policies except W/C. Waiver of Subrogation in favor of the City of Fort
Worth applies as respect Workers Compensation coverage.
CERTIFICATE HOLDER CANCELLATION
FORTWOR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Dept of Transportation NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
and Public Works IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
1000 Throckmorton St
Fort Worth TX 76102 REPRESENTATIVES.
APTNRIZED Tn
ACORD 25(2001/08) 0 ACORD CORPORATION 19E
Bond# O Ct C l!1 S
MAINTENANCE BOND
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL BY THESE PRESENTS:
That Sweeping Services of Texas Operating, L.P. ("Contractor"), as principal, and,
1 It? (�� s C�s�� 14- c$ !Q, Cb-gP4� v �� Awi r ci a
corporation organized under the laws of the State of ("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 Thousand Dollars and No Cents Dollars ($200,000.00), 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 11th of November , 20 08, a copy of which is hereto attached and made a part hereof,
for the performance of the following described public improvements: 2ND RENEWAL OF 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) R103-0524104 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# 10 SO
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 WHEREOF, this instrument is executed in 6 counterparts, each of which shall be
deemed an original, this 11th day of November , A.D. 2008.
S
PRINCIPA
ATTEST: By: _
Name: —
(Principal) Secretary z4—
Title:
(S E A Q Address: SAX 04 SGC
Witness as to Principal
SURETY CC ti�f
ATTEST: By:
Name: CS�i/`f� (Yl c �e
Secre�aFyr""- - Attorney in Fact
Address: "SCO I4',4I ct^-dPl-
Ar i /1 -0 A X Z (00 I
Witness as to rety Telephone Number: -7 a�S 'acs aCp
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.
BONI)# 16 SO
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS: COUNTY OF
TARRANT §
That we, (1) Sweeping Services of Texas Operating, L.P. , as Principal herein,
and (2) T G✓e l e rs CG - I`�i 12,moo! SJ e CCryl A nn r/' rte► , a
corporation organized and existing under the laws of the State of (3)
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
Thousand Dollars and No Cents Dollars ( $200,000.00 ) 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 11th day of November , 2008, 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: 2ND
RENEWAL OF 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 11th day of November 2008.
o WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERSFarmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company 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 Company
Attorney-In Fact No. 219402 Certificate No. 002095217
KNOW ALL MEN BY THESE PRESENTS: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 Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of 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 corporation 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.Watch, Daniel F. Dacy III,Jeff Jordan,Larry McNeil,Gary McNeil,and Linda Helms
of the City of Arlingm ,State of Texas their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof 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 permitted in any actions or proceedings allowed by law.
IN WI*ESS.WHERE(R,the'Coihpiomes have caused this instrument to be signed and their corporate seals to be hereto affixed,this
12th
day of_ Qeeembe t ;:-z207
T
C.
• )�aratington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company 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 Company
GASU.��) C�' TM su�ry J FIFE 6'• 0�'x I NSG9 Ja+ Uq,t 9VP�Y ANps �p`Slp�ry �1Y,tyd
02 d��r 4 A� �f0 * a �P �•'RPOR 1 4 1�,'i �? y .i�l� q4�Y
T� i 'tL0 ^A,i:•l1 {JW}:G�aPOR4lf:1^i � 3@•I VJ L"-.MxW
1982'oOAPOIt91ED 927 K �: :� €a �_ 0' a tl�wiFOaD. fufrtFo��! 1896
sb�, �D 79778 1951 N,O �� �tSEAL;�ef ;.SSAL:a` couN. a cawt. rr R
Z `•Ncct�Na br y ,f 2 O' L 6'•. D Oe ��_. (� °�Of
State of Connecticut By:
City of Hartford ss. Georg Thompson, enJ-11
ce President
On this the 12th day of December 2007 before me personally appeared George W.Thompson,who acknowledged himself
to be the Senior Vice President 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, 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.
et*)
.�--
In Witness Whereof,I hereunto set my.band fficial seal. 7My Commission pxpims the 30th day o� Marie C.Tetreault,Notary Public
58440-5-07 Printed in U.S.A.
WARNING:THIS PQWER Or-ATTORNEY IS WITHOUT THE R-D UGH L); ti
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER t
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 seat 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.
I,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 Surety Company of;lkmerica,nd 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 sa companies,which is in full forcg_apd ct and has not been
revoked. -
IN TESTIMONY WHEREOF,I have hereunto set my hand and,affixed the sd*of said,4(ompanies this I!r day of _ ,�0OF
Kori M.Johann Assis lt4t Secretary
S �(, ..^^,wltQr f�OR �)• WiGC f n 4 9 � �� �I
1982S 0 � 1977 1927 �: — z: __ :n� w HARTFORD, a rusrFaRu15 a "
zS t 19$1 w �r �t•SEAL,+'o! `O CONN. nCawB ;�, 1896
°tSBJLL:'3 m o
b�„� ��' d T� SOF NE•N b~'t'�Twm�E G a fsu.�'�va� of.. .:as ry �a 1 � ���
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING TtijS POWER OF ATTORNEY IS INVALID WITHOUT THE RED 00RDER
City of Fort Worth, Texas
Mayor and Council Communication
^t 5.w, i.Ptyi'. vd.M..•, _ _d%:+FVr-,. - ..xie. ..a.i eWs.._ !% -a Tsx:, ., a. . . ...1
COUNCIL ACTION: Approved on 11/11/2008
DATE: Tuesday, November 11, 2008
LOG NAME: 20ST SWEEP EXT2 REFERENCE NO.: C-23183
SUBJECT:
Authorize the Second Renewal of City Secretary Contract No. 33960 in the Amount of $200,000.00
with Sweeping Services of Texas Operating, L.P., for the Street Sweeping Program at Various
Locations
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute the second 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 in the
amount of $234,010.00, 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.
The Environmental Management Fund budgeted $200,000/year for this contract for FY07-FY09. The
balance of the contract in FY07-FY08 was budgeted for in the Operational Budget of the Transportation and
Public Works (TPW) Department. TPW's budget for this contract was eliminated in the FY09 budget so the
contract amount is reduced to $200,000, the amount budgeted in the Environmental Management Fund.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds will be available in the current operating
budget, as appropriated in the Environmental Management Fund (R103).
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 539120 0524104 $200,000.00
Submitted for Citv Manager's Office by: Fernando Costa (8476)
Originating Department Head: Greg Simmons (8255)
Additional Information Contact: George Behmanesh (7914)
Logname: 20ST SWEEP EXT2 Page 1 of 1