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HomeMy WebLinkAboutContract 31909 Cr.Y SECRETARiiz) i FRACT NO. FO R T T WOR CITY SECRFTARY D.O.E. FILE CONTRACTOR'; BCiNDING CO, SPECIFICATIONS AND CONTRACT DOCUMENTS SIDEWALK CONTRACT - GROUP 2 PROJECT No. C200 541200 20138 00158 83 DOE NO. 4788 JANUARY 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER - ROBERT D. GOODE, P.E. —DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS I A. DOUGLAS RADEMAKER, P.E. — DIRECTOR DEPARTMENT OF ENGINEERING t PREPARED BY: jr1 DEPARTMENT OF ENGINEERING M hj� 0•... �13��^r WORTH vow►W+CFW`NQt•or FoRr Print M&C COUNCIL ACTION: Approved on 5/24/2005 DATE: 5/24/2005 REFERENCE NO.: **C-20753 LOG NAME: 30SKYLINE TRENT CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize the Recession of Contract to Skyline Excavation, Inc. and Authorize Execution of a Contract with Trent Bedford Investments, Inc., d/b/a Skyline Excavation for Sidewalk Contract— Group 2 RECOMMENDATION: It is recommended that the City Council: 1. Rescind the award of contract to Skyline Excavation, Inc., in the amount of $365,000.00 for Sidewalk Contract— Group 2; and 2. Authorize the City Manager to execute a contract with Trent Bedford Investments, Inc., d/b/a Skyline Excavation, in the amount of$365,000.00 for Sidewalk Contract— Group 2. DISCUSSION: On April 12, 2005, (M&C C-20651) the City Council authorized the City Manager to execute a contract with Skyline Excavation, Inc. in the amount of $365,000.00 for Sidewalk Contract— Group 2. Subsequent to Council approval, it was determined that City staff had inadvertently listed the name of the company as Skyline Excavation, Inc. instead of Trent Bedford Investments, Inc. d/b/a Skyline Excavation. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers. FROM Fund/Account/Centers Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) ATTACHMENTS Bond #4347556 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) TRENT BEDFORD INVESTMENTS, INC., dlb/a/ SKYLINE EXCAVATION as Principal herein, and (2)SureTec Insurance ComparW 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: THREE HUNDRED SIXTY-FIVE THOUSAND AND NO/100................................................................ ($365,000.00)Dollars 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 contract with the Obligee dated the 24th of May,2005 a copy of which is attached hereto and made a part hereof,for the construction of: SIDEWALK CONTRACT--GROUP 2 NOW THEREFORE, the condition of this obligation is such, if the said Principle 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. r 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 24thof May,2005. ATTEST: TRENT BEDFORD INVESTMENTS, INC., d/b/a/ SKYLINE EXCAVATION (Principal)Secretary PRINCJR4(4) BY: Title, (SEAL) 3660 W.HIGHWAY 199 SPRINGTOWN,TX 76082 (Address) SureTec Insurance Company itne as to rincip � Surety ,V C' i Address (fig BY! ,� — ATTEST: (Attorney-in-fact)(5) (Surety)Secretary 5000 Plaza on the Lake,Suite 290,Austin,TX 78746 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of 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 Attorney-in-Fact. The date of bond shall not be prior to date of Contract. "! Witn ss to Surety 701 La ar, ichita Falls TX 76301 (Address) Bond #4347556 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (l) TRENT BEDFORD INVESTMENTS, INC., d/b/a/ SKYLINE EXCAVATION, as Principal herein,and(2) SureTec Insurance Company , 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 THREE HUNDRED SIXTY-FIVE THOUSAND AND NO1100..................................... Dollars ($365,000.00) 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 24th day of May,2005,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: SIDEWALK CONTRACT--GROUP 2 r NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal I! 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 24th day of,May 2005. I� �hr TRENT BEDFORD INVESTMENTS, �. INC., d/b/a/SKYLINE EXCAVATION P R I N AL L✓ - ^_� ATTEST: By: Name: � �• (Principal) Secretary ,p I Title: (Crc A L) Address: 3660 W. HIGHWAY 199 SPRINGTOWN, TX 76082 itn ss cWto Principal SureTec Insurance Company SURETY ATTEST: By: L +. �a� n:a ,, Name: Staci Gross Secretary Attorney in Fact (S E A L) Address: 5000 Plaza on the Lake,Suite 290 Austin TX 78746 Witne tQ Surety Telephone Number: (512)732-0099 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. 7. Bond #4347556 MATNTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § That TRENT BEDFORD INVESTMENTS, INC., d/b/a/ SKYLINE EXCAVATION ("Contractor'), as principal, and SureTec 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 THREE HUNDRED SIXTY-FIVE THOUSAND AND NO/100.................................................................... ........ Dollars ($365,000.00), 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, hat:WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 24th of May, 2005, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: SIDEWALK CONTRACT --GROUP 2 the same being referred to herein and in said contract as the Work and being designated as project number(s) C200-201380015883 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 Two (2) 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 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 8 counterparts, each of which shall be deemed an original, this 24th day of May, A.D. 2005. ATTEST: TRENT BEDFORD INVESTMENTS, INC., d/bla/SKYLINE EXCAVATION ( E A L) Contractor rSecretary Name: MP Title: Tjl, ATTEST: _ SureTec Insurance Company (S E A L) Surety By: at l Sec r to Name: Staci Gross r Title: Attorney-in-Fact 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 rAddress 7 r� SureTec GENERAL POWER OF ATTORNEY Snow AU Mea by new Presents,That SURETEC INSURANCE COMPANY(the"Company"),a corporation duly organized and existing under the laws of the State of Texas,and having ita principal office in Houston,Harris County,Texas,does by these presents make,constitute and appoint Steven E.Burleson,Donal E.Wey,George S.Deal,Staci J.Grou of Wichita Falls,Texas its true and lawful Attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recoptizances,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 ezeted Five Million Dollars and no/100($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,scaled with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confu-piing all that the said Attorneys)-in-Fact may do in the promises. Said appointment is mads 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 Vico-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 Attorney(s)-in-Fad to represent and act for and on behalf of the Company subject to the following provisions: attorney-in-Fua 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 il Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any cerdficato relating thereto by facsimile,and any power of attorney or certificate beating 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 206 of April,1999.) In Wknew W1 wwf, SURI3TEC INSURANCE COMPANY has caused thcac prcacuts to be signal by its Presidesit, and its corporate seal to be hereto affixed this 11 th day of June,A.D.2002. SURETEC INSURANCE COMPANY Corporate Seal uwwc v By W 9 State of Texas t Jo f=,Jr, County of Harris 1111: Preddeyt On this 11th day of June A.D. 2002 before me personally came John Knox,Jr.,to me known,who,being by me duly sworn,did depose and say, that be resides 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. Dow"V.MAlmy rwr A1rrrw w wrdr Notary Seal Am10--- t ane U.Ibanet,N�ryc My commission expires June 11,2006 1,Michael P.Whisenant,Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a tau 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,ant out in the Power of Attorney art in full force and efftct. In Witness Whereof,I have hereunto set my hand and affixed the seal of said Company yaat-Houston,Texas this 24th day of May 20 05 uc A.D. / Y- E W Corporate Seal W Mkhael P.Whisenant, Vice President,A"ant Secretary r r 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 toil 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 r' 5000 Plaza on the Lake,Suite 290 Austin,TX 78746 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 787149104 Fax#: 512-475-1771 ,m 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. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002(the"Act"), this disclosure notice is provided for surety i bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company("Issuing Sureties"). The premium attributable to any bond coverage for"acts of terrorism"as defined in Section 102(1)of the Act is Zero Dollars($0.00). The United States will reimburse the Issuing Sureties for ninety percent(90%)of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism,as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi 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,allergins, histamines, spores, hyphae, or mycotoxins,or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Rev 11.11.03 CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS p COUNTY OF TARRANT F This agreement made and entered into this the 24th day of May A.D., 2005, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the I Vi day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, TRENT BEDFORD INVESTMENTS,INC.,d/b/a/SKYLINE EXCAVATION, HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: SIDEWALK CONTRACT--GROUP 2 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of r Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. r 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. *a The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of Iw P the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 180 calendar days. ■ If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. ■ 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 ■� Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and IP against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, * damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and IP employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. 11 The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, rexecute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor r I• and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in F0 monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a, shall be THREE HUNDRED SIXTY-FIVE THOUSAND AND N0/100.....................................Dollars, ($365,000.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. 110 The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. OF IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth,Texas, this the 24th day of May ,A.D., 2005. r RECO DED' CITY OF FORT WORTH BY: �r DIRECTOR, DEPARTMENT OF CITY MANAGER ENGINEERING r APPROVED: ` �- `� Marc A. Ott, Assistant City Manager TRANSPO TATION/PUBLIC WORKS DIRECTOR ATTEST: TRENT BEDFORD INVESTMENTS, INC.,d/b/a/SKYLINE EXCAVATION ■ 3660 W.HIGHWAY 199 SPRINGTOWN,TX 76082 CONTRACTOR CITY SECRETARY (SEAL) BY: A Lk�;L l/ contract Aut oriaatioa RVQ i ` : J TITLE Date nAPPROVED AS TO FORM AND 3� ou,AWq, QQ c5wi �� LEGALITY: ADDRESS �(O,DD- r T. C TORNEY November 1960 Revised May 1986 Revised September 1992