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HomeMy WebLinkAboutC17230 Release Bond for Waste Management of the DesertDr. Contract No. C17230 CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: Release of Bond No. 8145-54-97 to Waste Management of the Desert SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: February 8, 2007 CONTENTS: 1. Letter of Request for Release of Bond 2. Exhibit No. 7-Company's Faithful Performance Bond RECOMMENDATION: By Minute Motion, authorize staff to release Waste Management of the Desert's Faithful Performance Bond No. 8145-54-97. BACKGROUND: The City of Palm Desert received Waste Management of the Desert's request dated January 10, 2007, to release its original Faithful Performance Bond No. 8145-54-97 for cancellation. City Council approved the Solid Waste Contract Assignment from Waste Management of the Desert to Burrtec Waste Industries at its meeting of April 27, 2006. As part of the assignment, evidence of insurance and a performance bond meeting the requirements of Sections 9.4 and 9.5 were to be provided to the City. Burrtec submitted an Annual Contract Bond with a Corporate Guaranty that was approved by the City. Therefore, the Waste Management bond is no longer required. Staff recommends that City Council authorize staff to release Bond No. 8145-54-97 to Waste Management of the Desert. Submitted By: Approval: Frar?kie-..Riddle Carlos L. Orte.a Director of Special Programs CITY CO MPTINMION: } /) APPROVED 7 DENIED RECEIVED OTHER cur: Sheila R. ligan ACM of Community Servtc MEETING DATE AYES : 6.enson, P'r l eson, rirrr-iy1 .5p iee e%/ NOES: None; ABSENT: Nor) ABSTAIN: None, VERIFIED BY: Q,D1(.(q .)riginal on File with -City Clerk's Office VNY1. WASTE MANAGEMENT January 10, 2007 Ms. Rachelle Klassen City of Paim Desert 73510 Fred Waring Drive Palm Desert, CA 92260 CEi JED CI,TALM"UESERTOFFICE CA 20O1 JA$ I 1 PM I2: 04 WASTE MANAGEMENT 1001 Fannin Suite 4000 1lou,tun, Texas 77002 (713)512-6200 (866) 239-7964 Fax Via Regular Mail RE: RELEASE OF BOND #8145-54-97, WASTE MANAGEMENT OF THE DESERT Dear Rachelle: Bond number 814-54-97 is currently on file in the amount of $1,000,000 for integrated solid waste management services at the Waste Management of the Desert facility (copy attached). Burrtec purchased this facility on July 1, 2006, and we understand they posted financial assurance for this obligation. If the instrument by Burrtec was accepted by the City, please return bond number 8145-54-97 for cancellation to my attention at the address on the attached business card. If you have any questions, please feel free to call me at (713) 512-6282 or Denise Reed at (713) 512-6536. Sincerely, Donna L. Meals, AF$B, ARM Director, Financial Assurance :dr cc: Denise Reed (w,to enc.) WASTE MANAGEMENT Donna L. Meals, AFSB, ARM Director, Financial Assurance WASTE MANAGEMENT, INC_ 1001 Fannin, Suite 4000 Houston, TX 77002 (713) 512-6282 1-866-239-7964 Fax dmeals®wm.com From everyday collection to environmental protection, ••.a: rost ,o,�on„ Think Green. Think Waste Management. ®,•�<,�� n:., t• From everyday collection to environmental protection, Think Greens Think Waste Management. EXHIBIT 7 COMPANY'S FAITHFUL PERFORMANCE BOND Bond 96145-54-97 KNOW ALL MEN BY THESE PRESENTS: Waste Management of the Desert, a That subsidiary of Waste Management ofa California as PRINCIPAL, and Cal .f rnia, inc Federal Insurance omrany , a Corporation organized and doing business by virtue of the laws of the State of California, and duly licensed for the pti pose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as SURETY, are held and firmly bound to City, hereinafter called OBLIGEE, in the penal sum of Mifiion ($1.000.000 .p0 lawful money of the United States, for the payment of which, well and truly to be made, we and each of us hereby bind ourselves, and our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION LS SUCH THAT: WHEREAS, the above bounden PRINCIPAL has entered into a Contract, entitled 'INTEGRATED SOLID WASTE MANAGEMENT SERVICES' with City, to do and perform the following work, to wit: Collect. Praoss and Dispose of Solid Waste generated within City, in accordance with the Contract. NOW, THEREFORE, if the above bounden PRINCIPAL shall well and truly perform, or cause to be performed each and all of the requirements and obligations of said Contract to be performed by said PRINCIPAL, as in said Contract set forth, then this BOND shall be null and void; otherwise it will remain in full force and effect. And 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 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 to the specifications. TE B TERM OF THIS BOND IS JANOAHT 1, 2001 TBRDUGH JANQABY 1, 2008 February 10, 2000 7-1 City of Palm Desert IN WL1NF.SS WHEREOF, said PRINCIPAL and said SURETY have caused these presents to be dulv signed and sealed his 28th DAY OF August , 2000. Waste Management o t e esert, a subsidiary of Waste Management of California, Inc. Federal Insurance Company a California Corporation SURETY BY:'e... 4 - Sandra Parker, Attornsy-in-fact (PRINCIPAL) (SEAL) February 10, 2000 By Lisa A. Ward, Attorney -in -fact (ATTORNEY ZN FACT) (SEAL) 7-2 Cityo! palm Desert