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HomeMy WebLinkAboutContract 25800 THIS COPY FOIE — COWAC= CITY SECRETARY��V � �,�commo�a oo, CONTRACT CITY OF FOR 6R ,*FEYa4r& --------MY5ECRE MY AIA,WA6En OFFICE EMERGENCY CONSTRUCTION i-_EpGi(+iEEE1NG DIV. THE STATE OF TEXAS _...�VPW-FILE COPY KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT -� This agreement made and entered into 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 11th 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, hereinafter called OWNER, and Blackmon Mooring, Co of the City of Arlington State of Texas hereinafter called CONTRACTOR. WITNESSETH: 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 in the attached proposal, dated , commencing on the date of the Notice to Proceed, 0410312000, which is attached to this Agreement. PROJECT NAME Tornado Cleanup, LIBRARY, CENTRAL PROJECT NUMBER TE017 BUILDING NUMBER Building Number 379 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 Proposal. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in 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 shall be $213719.52. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within)calendar days. Insurance Requirements: The Contractor will provide a Certificate of Insurance listing the Transportation and Public Works Department as certificate holder, showing the required General Contractors Liability coverage, Auto Liability, and Builder's Risk. Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with State law. No Notice to Proceed will be issued until the Contractor has complied with this section. Contractor agrees to require each and every subcontractor who will perform work on the project to EC - 1 provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). If this Contract is in excess of $25,000, the Contractor shall provide Payment Bond. If the Contract is in excess of$100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the Contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. The Standard Contract Documents for Emergency Repairs to Facilities, Architectural Services Section, Department of Transportation and Public Works, City of Fort Worth, Dated March 29, 2000, are made a part of this contract by reference. 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 liquidated damages outlined in the General Conditions, not as a penalty but.as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four 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 five counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the of A.D., 2000 tMoorin Co signature By: �V1A W I'l y�-IM�0 APPRO E Name taft t r-10—alu�'ll,C1L Z`T By: Office Asity Manager APPROVA11 L W NDED: RECORD By: By: n rtati n lsd Public Works tiry tie'&etar7 APPROVED AS TO FORM AND LEGALITY: //` By: Date Assistan ity Attorney EC 111 END Contract Authorization 001VU �a l..)lCM II . Date U�II CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor., certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Tornado Cleanup, LIBRARY, CENTRAL, project number, TE017 By: Title 13 65 Date STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared T i ►v, ty I I,a , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of RICIC�_"10 n -NJ Qo V'i vk C� C- LL' �J rest I for the purposes and considerations t eh rein expressed a d in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �-tday of )4nr I , 20 17o DEAN B. G:Ipensation Notary Public in and for the State of Texas NOTARY P 5 C6iiWNt�aovide to the City a certificate showing that it has obtained a >,r 0F, ' Comm. x "clic o �v insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. _ . 1io"/UD, YACOR-- :;,CERTIFICATE OF LIABILITY;INSURANCE04/ 3o . PRODUCER 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WISENBSRG INSURANCE + RISK MAN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 24 GREENWAY PLAZA SUITE 1100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O BOX 983 COMPANIES AFFORDINGCOVERAGE HOUSTON, TX 77001-0983 COMPANY A AMERICAN CASUALTY CO OF READIN INSURED COMPANY Blackmon Mooring Company d/b/a B AMERICAN CASUALTY CO OF READIN Blackmon Mooring Stcamatic COMPANY 399 North Great Southwest Parkway C LUMBERMENS MUTUAL CAS CO Arlington,TX 76011 COMPANY BLAC03 D CENTRE INSURANCE COMPANY .. THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY TOP1069325789 11/01/1999 11/01/2000 GENERAL AGGREGATE $ 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2000000 CLAIMS MADE rx-1 OCCUR PERSONAL BADV INJURY $ 1000000 OWNERS BCONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one fire) $ 1000000 MED EXP(Any one person) $ 5000 B AUTOMOBILE LIABILITY BUA1069325761 (TX) 11/01/1999 11/01/2000 X ANY AUTO COMBINED SINGLE LIMIT $ 1000000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) " PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ IC EXCESS LIABILITY 3SX129944-00 11/01/1999 11/01/2000 EACH OCCURRENCE $ 10000000 X UMBRELLA FORM AGGREGATE $ 10000000 OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND W99.9209830 11/01/1999 11/01/2000 WOgYUMITsT1 ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 500000 THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $ 500000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE 1$ 500000 A OTHER BUA1069325775 (OTH STATES 11/01/1999 11/01/2000 COMB SINGLE LT 1000000 AUTOMOBILE LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS ADDITIONAL INSURED (EXCEPT FOR WORKERS COMPENSATION) AND WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER IS GRANTED TO THE EXTEND IT IS REQUIRED BY A WRITTEN CONTRACT WITH A NAMED INSURED. ..:.: #'111~,CA'1 H+ ..1�1w ::. ....: ::: CAN ........ :.::..:..:.:. . .. ... :........:..... .......... . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Transportation and Public Works 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The City of Ft Worth BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3409 Harley Ave. Ft Worth TX 76107 OF ANY KIND UPON THE CO ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 111 I SMA ACOR[D' S-S(1/9 ) ACO1fl 00lPfiRAT10N 1989 FoPTWOPTH April 3, 2000 EMERGENCY NOTICE TO PROCEED Tim Williamson Blackmon Mooring, Co. 399 N. Great Southwest Parkway Arlington, TX 76011 Fax: 608-8001 TORNADO CLEANUP �D CENTRAL LIBRARY This is your authority to proceed with the emergency repairs of the referenced proJec:t ,Is of this date. The scope of services is outlined in your proposal of March ".1, 200:), which is attached. Please provide copies of your liability insurance certificates, including Texas Wlxke's Compensation coverage as soon as possible. Please expect a formal emergency contract to be forwarded to you soon ro;n o.Ir division. If you have any questions regarding this notice to proceed, please cor,tac:t us. Sin ovell, Superintendent Transportation & Public Works, Building Services Division cc: Department of Risk Management _ Duane_Rubeor, TPW Dept. Mike Mathews;fPW Dept.----, File TRANSPORTATION AND PUBLIC WORKS DEPARTMENT BUILDING SERVICES DIVISION THE CITY OF FORT WORTH * 3409 HARLEY AVENUE * FORT WORTH, TEXAS 76107 (817) 871-7860 * FAx (817) 871-8106 Printed on recycled paper Sent Qy: 3CAGKPA3N MGG�QIN3; 817 608 8000; 11_r -3, -00 4:2-'L;; cA e. e 3 BLACKMON STM" . R .MO RING au.,e Blackman Mooring Steamatic(SM$'� Opened file on the Ft. Worth Public Library, locate-d at 500 W. YJ Street, Ft Worth, TX, for the purpose of disaster recoveryiclean up. Circumstances are as follows: On March 27, 2000 the Fort Werth Public Liorary had suffered damage from what appeared to have been from a tornado that went through downtown Ft. Worth the previous evening. There was heavy debris consisting of broken glass, leaves,dirt, fallen ceiling tiles, and other trash through out the entire building. Approximately 206,000 square feet consisted of reavy dust, dirt and small glass particulate on tops of book shelves, books,desks, tabl6s, chairs, floors, and other horizontal surfaces. On March 28,2000, Ft, Worth Building Services Supervisor, 1Nlliam Hodge, ca;led BMS to the library. BMS representatives Tim Williamson, Mike Kunz, and Jeff Moss walked the library w:th Mr. Hodge to view the initial gross debris removal. BMS was g.ven aut:-horizaiicn to begin gross debris removal,wet vacuuming of wet carpet area and svreeping of open areas. The afternoon of March 28,2000, Tim WNiams;,n,with BMS had a 40 yard dumpster delivered, and limed up cleaning crews to begin the gross debris removal. On March 31, 2000, BMS representatives from BMS, Tim VAlliamson and Rick Linahan met with Ft. Worth represertatves to walk through the library to discuss the scope of work for doing a complete restoration cleaning to ensure the health and safety of guest and employees of the library. The scope is as follows: Upon completion cf gross debris removal BMS is to begin the following services, March 31, 2000 • Continue with gross debris removal. • Set up desiccant dehLmidification In the south and of the librarydo lower and ground level floors. BMS will isolate these areas from ceilings to floors with visqueen SMS will have desiccant ducted in the open area and dead air space. Effected areas for drying is approximately 25,000 square feet. • Inste?I filter material on HVAC registers to prevent anrr furtheir contamination. April 3, 2000 • SMS will star,the restoration ciaaniny of the facility as follows: r • BMS will clean the books, bookcases. desks, and other horizontal surfz,::es through the entire library. BMS will use vacuums and sponges to clean the. tops of books. Bookshelves will be wet cleaned using a mild-cleaning agent. Wood surfaces will be wet cleaned using the same cleaning agent and polished. Books will be kept in order as they are removed and replace from the shelving. • BMS will perform a I:ght courtesy swipe of the ceiling usi.ig dry cleaning sponces. 399 N. Great Southwest Parkway • Arlington, Texas 76011 • Metro 817-506-8000 Metro 214-638-8060 817 FOB 80GC; vta C;;',' 4:22�r.!; �=' Sent BY: :�d�KPA�N b10�8T2:3; ` • BMS will Steamatically Clean all the carpet through out the library on tftia ground level floor, including the adm+ristrat:on of5ces, at:ditorium,computer lab, media center, The Hazel Harvey peace youth Center, Amon Carter Library, and the bottom level tibray. • Hard surface floors will be swept and mopped. Cost of this scope of work Is as follows; 1. Gross Debris Removal $12,000.00 2. Desiccant Dehumidification 25,000sf @$1.50sf $37,500.00 3. Restoration Cleaning 206;000sf(g$3,72sf $148,331.52 4, Carpet Clearing 136,000st(N$0.113f $15,96000 Total $213,791.62 Payment terms:Payment!s due wlth in 15 days of completion, Special points • Limestone floor is to be swept and damp mopped us!np nc cleaning agents, only dean water. • The good Floors on the ground level must have a dedicated mop only. • The drying time will contingent on iden�ifyying and eliminating the source of the water leak. As of 31'31/00 water is still runnirg to the tK)ttom level. • SMS can have the clearing portion of this scope completed in eight days from April 3,2000. • BMS will inspect and determine the extent of contamination or,April 4, 2000. Any associated cost of cleaning the HVAC systerr,is not included in the above scope. • The third.floor on the facility is unfinished and SMS will riot be performing any of the abcve listed services on the third floor. • Clean the electronic items, such as computers, rnonitars, TV's, and electronic items in the media areas wil!be exterior cleaning only. Thank you for choosing B'ac'cmon Mcorino Steamatic. if you have any questicris please contact me at 817-401-W5. Thank ou., 11 i a Fire/Water Division 41 3 00 r PERFORMANCE RQNZ D THE STATE OF TEXAS Bond Number : 115004339 COUNTY OF TARKANT KNOW ALL MEN BY THESE PRESENT: That we: (1) Blackmon Mooring,Co.a Company of Texas hereinafter called Principal and Amwest Surety (3) Insurance Company ,a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of$213719.52 Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made,we hereby bind ourselves,our heirs, executors,administrators, and successors,jointly and severally,firmly by these presents. T1 M CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner,dated the 0 day of, 11, •1 , 2000 , a copy of which is hereto attached and made a part hereof,for the construction of: designated as Project Number TE017 , a copy-of which contract is hereto attached,referred to,and made a part hereof as fully and.to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specification; and contract document during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County,State of Texas: AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change,extension of time alteration or addition to the terms of the contract or to the work or to the specifications. EC-3 IN WITNESS WHEREOF, thi instrument is execAited,in 6 Counterparts each one of which shall be deemed an original,this the �`� day of `-Op a.1 .2000. $] arkmnn Mnnrin (`n Principal(4) M" T" 4-4 By: (Principal) Secretary Don Harman/President (Printed Name/Title) (SEAL) 308 Arthur Street ADDRESS Fort Worth , TX 76107 CITY/STATFrzlp Amwest Surety Insurance Company (Address) (Surety) ATTEST: — (Surety) Secretary •��� ,`� \�l�VJJ By: �) (Attorney-in-Fact)(5) (SEAL) Linda W. S i n k_u (Printed Attorney-in-Pact) Witness as tok Note; Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation,a Partnership or and lndtvidual,as ease may be (3) Correct Name of Surety (4) If Contractor is partnership all Partners should execute bond (5) ,i true copy of Power of ktorncy shall be attached to bond by Attorney-in-Fact EC -4 PAYMENT BOND THE STATE OF TEXAS BOND NO_ 1 i 5 o o a-i-ia COUNTY OF TARRANT KNOW ALL MEN BY THESES PRESENTS: That we, Blackmon Mooring, Co a corporation of Arlington,Texas, hereinafter called Principal and (3) A m w p s t c„r o ty I n sa., (cgrporaticn organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of: S 213719.52 lawful money of the United States,to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made,we bind ourselves,our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Princ al entered into a certain contract with the City of Fort Worts';,the Owner dated the 14-V� day of Ny_• �_ '-000 a copy of which is hereto attached and made a part hereof,for the construction of- Project fproject Name: Tornado Cleanup Project number: TE017 copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "works". NOW, THEREFORE,the condition of the obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 of the Revised .Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void,otherwise it shall remain in full force and effect. THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or the specifications. EC-5 i PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESSETH WHEREOF,this instrument is executed in 6 counterparts,each one of which shall be deemed an original,this the__ `,day of p .2000. Blackmon Mooring Co . Principal(4) ATTEST: BY: (Principal) Secretary Don_Darman/Presiden (Printed Name/Title) (SEAL) 308 Arthur St . ADDRESS Fort Worth, TX 76107 CITY/STATE/ZIP Amwest Surety insurance Company ~ (Address) (Surety) ATTEST: \ (Surety)Secretary (Attorney-in-Fact)(5) Linda W. Sinku (Printed Attorney-in-Fact) L(SEAL) WI es-as to Surety Note' Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation,a Partnership or and Individual,as case may be (3) Correct Name of 5umiy (4) If Contractor is Parnzership all Partners should execute bond EC-6 r � r ,�`- � � `,y, ' �`+ �• t.►Rv.." .. ..r ` . t� �,•� n i� � � •.- '� �� +� �� +'ti .r� i i/ _ r ' - � 'a __- "i LIMITED POWER OF ATTORNEY Amwest Suretv Insurance Comivanv Expiration Date: 11/17/01 POWER NUMBER 0001079056 This document is printed on white paper containing the artificial watermarked logo-( ° )of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (972)503-6925 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation,does hereby make,constitute and appoint: Linda W.Sinku Michael F.Washmon Gary B.,NIc Elrov As Employees of The Brants Company,Inc. its true and lawful Attomey-in-fact,with limited power and authority for and on behalf of the Company as surety to execute,deliver and affix the seal of the company thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: All Bonds up to 55,000,000.00 and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company,which are now in full force and effect. I,the undersigned secretary of Amwest Surety Insurance Company,a Nebraska corporation,DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attomey,and that the relevant provisions of the By-Laws of each company,are now in full force and effect. Bond No. 115004339 Signed&sealed this 0 day of_ 4r,\ 2000 Karen G.Cohen,Secretary * * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15,1975: RESOLVED,that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company,to execute and deliver and affix the seal of the Company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attomey-in-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attomey-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required)by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these present to be signed by its proper officers,and its corporate seals to be hereunto affixed this 31 st day of August,1999. John E.Savage,President Karen G.Cohen,Secretary State of California County of Los Angeles On August 31,1999 before me,JoAnne Anderson Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand an official seal. JOANNE E. ANDERSON "1111G°y 1N _U, Comm.11192456 N O Sg9q%�y Signature (Seal) NOTARY PUBLIC-CALIFORNIA 1. 0=, o n�R­y-.1. Los Angeles County M1 Comm.Expires A .21,2002 DEC.14, 1995 �`eR ASS-:: a� ?lamN� 5230 Las Virgenes Road Calabasas,CA 91302 TEL 818 871-2000 City of Fort Worth, Texas EmAyor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/25/00 C-18163 13pCONFIRM 1 of 1 SUBJECT CONFIRMATION OF EMERGENCY PURCHASES AND/OR CONTRACTS NECESSARY TO RESPOND TO THE STORM OF MARCH 28, 2000 RECOMMENDATION: It is recommended that the City Council confirm the attached emergency purchases and/or contracts totaling $2,259,747.22 that were necessary to respond to the storm of March 28, 2000. DISCUSSION: Immediately following the storm of March 28, 2000, City staff began undertaking actions to restore the community to normal operations as quickly as possible. This included clearing debris from public rights-of-way and private property where the debris represented an immediate hazard; undertaking emergency operations such as search and rescue, traffic control and security of high-hazard areas; and making emergency repairs to City property and/or equipment to protect the property from further damage. Some of this work required the expenditure of City funds on an emergency basis through emergency purchases or entering into contracts on an emergency basis. Details of the vendors/contractor used, amounts obligated or expended, and purpose is attached. Where possible, existing agreements were used to secure the best pricing. Section 252.022 of the Local Government Code exempts from competitive bidding procurements made necessary as a result of a public calamity. The City Council is requested to confirm these purchases and contracts. The Department of Law has reviewed these expenditures and has approved them as emergency purchases. These obligations or expenditures have been recorded in a special Grant Fund. Funds from the Federal Emergency Management Agency and/or the City's commercial insurance policy are expected to offset most of these costs. The balance of the costs that are non-reimbursable will be expensed back to the operating fund of the departments incurring the costs. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available, as appropriated, in the Grants Fund. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: Jim Keyes 8517 (from) JUL 25 2000 GR76 various 032800010 $2,259,747.22 k Additional Information Contact: � a�j City Secretary of tho city o[Fort Worth,Texas Robert Combs 8357