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HomeMy WebLinkAboutContract 37681City Secretary Contract No. J FIRST AGREEMENT TO RENEW CITY SECRETARY CONTRACT NO, 35795 RENEWAL CONTRACT FOR THE CONSTRUCTION & REPLACEMENTS OF SIDEWALKS ,CITYWIDE. This First Renewal Agreement ("Agreement") is made and entered into by and between the City of Fort Worth, Texas, a home rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas ("City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Advanced Paving Acquisition ltd. (d/b/a Advanced Paving Company) acting by and through its duly authorized representative. City and ADVANCED PAVING may be referred to herein individually as a "Party", or collectively as the "Parties". Recitals The following statements are true and correct and form the basis of this Agreement: A. On August 9, 2007, via M&C C-22290, City Council authorized a contract with Advanced Paving for Citywide sidewalk construction, City Secretary Contract No. 3579 the "Contract"). B. The Contract contains two renewal options under which, the Contract may be renewed under the same terms, conditions, and unit prices. Co The City Council authorized execution of this Agreement via M&C C-22993 on August 26 , 2008. Agreement In consideration of the mutual covenants, promises and obligations contained herein, the Parties agree as follows: l . The Contract is hereby renewed and extended for the a one renewal period under the same terms, conditions, and unit prices, commencing on August 28, 2008. 2. M&C C-22993 reflects the appropriation of $ 289,000.0 for the services to be rendered under this Agreement. 3. All other terms and conditions of the Contract shall remain in full force and effect. City of Fort Worth &Advanced Paving Company lst Renewal Agreement Page 1 of 2 �1TY SECREETARY - s J IN WITNESS WHEREOF, the parties have executed this Agreement on this day of, _, 2008. ATTEST: Contract Authorization Date to Form Amy J. Ra�'isey/ Assistant City((Attorney ty: CITY OF FORT WORTH 7410....•wG Fernando Costa Assistant City Manager Recommended: P.E., Acting Director of Transportation &Public Works Advanced Paving By: Garre"t� President City of Fort Worth &Advanced Paving Company 1 S` Renewal Agreement Page 2 of 2 isition ltd . OFF1CtAl_ RECORD CITY SECRETARY FT. WORTh1, TX k Page I of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/26/2008 DATE: Tuesday, August 26, 2008 LOG NAME: 201 STRENEWALAPC SUBJECT: Authorize Execution of the First Renewal of City Secretary $289,000.00 with Advanced Paving Acquisition Ltd., d/b/a Construction and Replacement of Sidewalks Citywide REFERENCE NO.: C-22993 Contract No. 35794 in the Amount of Advanced Paving Company for the RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the first renewal of City Secretary Contract No. 35794 in the amount of $289,000,00 with Advanced Paving Acquisition Ltd., d/b/a Advanced Paving Company for the construction and replacement of sidewalks citywide. DISCUSSION: On August 9, 2007, (M&C C-22290) the City Council authorized the City Manager to execute a contract with Advanced Paving Acquisition Ltd., d/b/a Advanced Paving Company, in the amount of $483,547.00 for Sidewalk Contract (Group 4) as part of the 2004 Capital Improvements Program. Bid documents allow the City the option of renewing the contract two times at the same unit prices. Available funding in the 2004 CIP sidewalk program allows the expenditure of $289,000.00 for sidewalk construction and replacement in a renewal contract. Time of Completion: 270 calendar days. Advanced Paving Company is in compliance with the City's M/WBE Ordinance by committing to 24 percent M/WBE participation. The City's goal on this project is 15 percent. In addition to construction cost, $51,000.00 is required for DOE inspection, material testing and surveying. This project is located CITYWIDE and would address sidewalks in all city districts. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital Budget , as appropriated of the Street Improvement Fund. TO Fund/Account/Centers Submitted for CityManager's Office bv: Originating Department Head: FROM Fund/Account/Centers C200 541200 201380113383 $289,000.00 Fernando Costa (8476) Greg Simmons (7862) http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 9/2/2008 Page 2 of 2 Additional Information Contact: Jim Walker (8009) http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 9/2/2008 CERTIFICATE OF INSURANCE STANDARD FORM DY INSURER ACORIQ CERTIFICATE OF INSURANCE LIABILITY -PRODUCER (214)423�3333 FAX (214)423�3350 IRS III tl 11 - • •-� •• • Plano, TX 75024 Ire 11 INSURED Advanced Paving Acquisition L DBA: Advanced Paving Company 2257 Joe Field Road Dallas, TX 75229 CnVFRAGFS INSURER A: EMC Insurance Companies INsuRER B: Texas Mutual Insurance INSURER C: INSURER D: INSURER E: 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'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR 3DO8211 04/26/2008 04/26/2009 EACH OCCURRENCE $ 10000,000 DAMAGE TO RENTED $ 300,000 MED EXP (Any one person) $ 51000 PERSONAL & ADV INJURY $ 11000,000 A GENERAL AGGREGATE $ 210003000 GENII. AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT PRODUCTS - COMP/OP AGG $ 25000,000 AUTOMOBILE LIABILITY ANY AUTO 3EO8211 04/26/2008 04/26/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ COMP DED $19000 X PROPERTY DAMAGE (Per accident) $ X COLL DIED $1,000 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE 3JO8211 04/26/2008 04/26/2009 EACH OCCURRENCE $ 110007000 AGGREGATE $ 1 , 000 � 000 $ A $ DEDUCTIBLE X RETENTION $ 10100 $ WORKERS COMPENSATION AND TSF-0001130490 04/26/2008 04/26/2009 X I WC sTATu- I I oTH- B EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 110003000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE $ 1, O00 , O00 E.L. DISEASE - POLICY LIMIT $ 1,0001000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E: Sidewalk Contract - Group 4 Project #00698 eneral Liability and Auto Liability contain Blanket Additional Insured and Blanket Waiver of ubrogation as required by written contract in favor of City of Fort Worth, its officers, employees nd servants. Workers Compensation contains Blanket Waiver of Subrogation as required by written ontract in favor of City of Fort Worth. City of Fort Worth 1000 Throckmorton St Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /� Rod Medlin/CMH '�i '4��'� ACORD 25 (2001I08) FAX:' (972)247-2011 ©ACORD CORPORATION 1988 Bond# 4369925 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That we, (1) Advanced Paving Acquisition, Ltd., d!b/a Advanced Paving Company, as Principal herein, and (2) sureTec Insurance company 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 Eighty Nine Thousand Dollars and No Cents Dollars ($289,000.00) 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 26t" day of August , 2008, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 35794 FOR THE CONSTRUCTION AND REPLACEMENT OF SIDEWALKS CITYWIDE-C200-541200-201380113383. 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 on shall be determined in accordance with the provons of such statufe, 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 26T" day of August , 2008. ATTEST: (Principal) Secretary (SEP,L) Witness as to f�r�ncipal (SEAL) Advanced Pavia Acqui Advanced Pav a Comna PRINCIPAL By: Name: Title: �L� Address: 2257 Joe Eield road Dallas, TX 75229 SureTec Insurance Company Ltd., d/b/a SURETY Ijbi,11144PP n ZN By: Narne. Christine Davis Attorney in Fact Address: 9737 Great Hill Trail, Suite 320 Austin, TX 78759 Witness as to Surety Telephone Number: 469-241-i48s 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. THE STATE OF TEXAS § COUNTY OF TARRANT § Bond# PAYMENT BOND 4369925 KNOW ALL BY THESE PRESENTS: That we, (1) Advanced Paving Acquisition, Ltd., d/b/a Advanced Paving Company as Principal herein, and (2) SureTec Insurnace company corporation organized and exisfing under the laws of the State of (3) Texas 0 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 Eighty Nine Thousand Dollars and No Cents Dollars ($289,000.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 261h day of _August , 200$, 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: FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 35794 FOR THE CONSTRUCTION AND REPLACEMENT OF SIDEWALKS CITYWIDE- C200-541200-201380113383. 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 al( 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 26th day of August , 2008. ATTEST: (Principal) Secretary (SEAL) fitness as (SEAL) Princit5al as to Surety Advanced Pavi Acquis Advanced Pav' g Compan PRINCIPAL /V e By: on, Ltd., d/b/a ` • �iLils!L Address: 2257 Joe Field Road Dallas, TX 75229 SureTec Insurance Company SURETY 0 By: I d P � Name: Christine Davis Attorney in Fact Address: 9737 Great Hill Trail, Suite 230 Austin, TX 78759 Telephone Number. 463-241-i4sa 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. BOrld# 430`3 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That Advanced Paving Acquisition, Ltd., d/b/a Advanced Paving Company, ("Contractor"),as principal, and, sureTea Insurance company 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 Twv Hundred Eighty Nine Thousand Dollars and No Cents Dollars ($289,000.00), 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 26`h of August , 20 08, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 35794 FOR THE CONSTRUCTION AND REPLACEMENT OF SIDEWALKS CITYWIDE the same being referred to herein and in said contract as the Work and being designated as project number(s) C200-541200-201380113383 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 Bond# 4369925 null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and 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 26`h day of Auclust , A.D. 2008. ATTEST: (Principal) Secretary (SEAL) ess as to j��ncipal (SEAL) Advanced Paving PRINCIPAL By: jprl iAditirgog Address: 2257 Joe Field Road SureTec Insurance Company SURETY Name. Christine Davis Attorney in Fact Address: 9737 Great Hill Trail, Suite 320 Austin, TX 78759 Witness as to Surety Telephone Number: 469-241-1488 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. roA a: 4221097 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Lisa M. Bonnot, Robbi Morales, Jerry P. Rose, Don E. Corne.,ll, Luke J. Nolan, JrChristine Davis, Ricardo J. Reyna of Dallas, Texas its true and lawful Attorneys) -in -fact, with firll power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20"' of April, 1999) lit Witness I✓f'hereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. SURFTEC INSUXA6CE COMPANY �C)tr x °�: BY lava ( w Bill King, re nt State of Texas ss: ��4 ,t if �c County of Harris •.• a4 On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resiAes in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle penny ` Nottry PubUc . State of Texas UW Commission Expires August 27, 2008 Michelle Denny, Notary Public My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of P _ 20 , A.D. Brent Beaty, Assistant Any instrument issued in excess of the penalty stated above is totally void and without any validity. For vault+cation of the authority of this power you may cal! (713) 913=3300 any business day between 0;00 am ara 5:0n pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Drive Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi &Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 � 1