HomeMy WebLinkAboutContract 36718SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
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2007 TREE REMOVAL and STUMP GRINDING P~OGRAIIII---..... -
MIKE MONCRIEF
MAYOR
IN fflE CITY OF FORT WORTH, TEXAS
PROJECT NO. PE 69 539120 0209206
BID DATE: May 17, 2007
CHARLES BOSWELL
CITY MANAGER
ROBERT D. GOODE, P .E., DIRECTOR
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STORM WATER MANAGEMENT
03-06-08 P0 2:39 IN
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/10/2007
DATE: Tuesday, July 10, 2007
LOG NAME: 20TREE STUMP RE
SUBJECT:
REFERENCE NO.: **C-22226
Authorize Execution of a Contract with Vegetation Management Specialist, Inc., (VMSI), to Provide
Tree Removal and Stump Grinding Services
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Vegetation
Management Specialist, Inc., (VMSI), in the amount of $77,340 to provide tree removal and stump grinding
servic~s.
DISCUSSION:
The Storm Water Management Division of the Transportation and Public Works (TPW) Department will use
this contract to provide tree removal and stump grinding in drainage channels throughout the City. Trees
that will be removed under this contract will be those that are considered injurious to the common good
because of their location in drainage channels . The need for removal of such trees is acknowledged and
authorized by the City's Tree Preservation Ordinance. TPW has worked closely with the Parks and
Community Services Department in developing the process for identifying and removing trees which, due to
their location, increase the risk of flooding, cause damage to infrastructure or aggravate erosion in drainage
channels .
One bid was received on May 19, 2007 , from Vegetation Management Specialist, in the amount of $77,340 .
Because of the specialized nature of the work to be performed, the pool of qualified contractors with the
necessary equipment is limited. The bid was less than the Engineer's Estimate of $86 ,050 .
No guarantee was made that a specific amount of work would be requested.
BID ADVERTISEMENT -This bid was advertised in the Commercial Recorder on April 19 and 26, 2007.
BID TABULATION -See attached bid tabulation .
M/WBE - A waiver of the goal for M/WBE was requested and approved because, subcontracting and
supplier opportunities are negligible.
RENEWAL OPTIONS -This agreement may be renewed for up to two additional one-year terms at the
City's option. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term .
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the currentro:~01·,.;,m_,,'..a1it:lilj;ij~Ji:, •• tjj~~lt d!._;OO~!f1~ ppropriated, of
the Storm Water Utility Fund . -.,1 1'-"l. -~
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Logname: 20TREE STUMP RE ~~~---------------~----~.al!e of
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Lrnmame: 20I REE..ST UMP. RE
FROM Fund/Account/Centers
PE69 539120 0209206
Marc Ott (8476)
Robert Goode (7804)
Linda S. Young (2485)
$77 .340.00
a2e 2 o.£2
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AMENDMENT NO. 1 TO
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
2007 TREE REMOVAL and STUMP GRINDING PROGRAM
Date: May 11, 2007
IN THE CITY OF FORT WORTH, TEXAS
PROJECT NO. PE 69 539120 0209206
BID DATE: May 17, 2007
The following clarifications and revisions will apply:
1. The pre-bid meeting was not mandatory .
2 . Conflict of Interest forms (back of contract documents) must be filed with City Secretary when
bid is submitted.
3. The City will acquire permits from the US Army Corps of Engineers, as applicable .
4 . The City will provide access to the channels .
5. The Proposal sheet will be modified to include a pay item for pruning branches . This pay item
will only be activated if a tree which is to remain is adjacent to a tree which is to be removed,
and the removal process could damage the remaining tree. Before any pruning occurs,
Contractor must coordinate with the SWMD , who will coordinate with the City Forester.
a. Under no circumstances shall the process of lowering the scaffold branches of a tree be
left incomplete at the end of the workday .
b. Pruning shall consist of the removal of specified branches on the main trunk and limbs
inside the crown leaf area and any that extend beyond this area, and removal of specified
live main branches to improve the basic branch structure or increase clearance.
~ •• ill
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
2007 TREE REMOVAL and STUMP GRINDING PROGRAM
MIKE MONCRIEF
MAYOR
IN THE CITY OF FORT WORTH, TEXAS
PROJECT NO. PE 69 539120 0209206
BID DATE: May 17, 2007
CHARLES BOSWELL
CITY MANAGER
ROBERT D. GOODE, P .E., DIRECTOR
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STORM WATER MANAGEMENT
TABLE OF CONTENTS
1. Notice to Bidders
2. Special Instructions to Bidders
3. Prevailing Wage Rates
4. Proposal
5. Vendor Compliance
6. Minority and Women Business Enterprises Specifications
7. Special Provisions
8. Technical Specifications
9. Contractor Compliance with Worker's Compensation Law
-'1 0. Perklhnance Bo nd ·@f lJ.,vr'r',d J@-
11. Payment Bond
12. Contract
13. Conflict of Interest Questionnaire
NOTICE TO BIDDERS
Sealed proposals for the following :
2007 TREE REMOVAL and STUMP GRINDING PROGRAM
PROJECT NO. PE 69 539120 0209206
Addressed to Charles Boswell , City Manager of the City of Fort Worth , Texas will be received at the Purchasing
Office until 1 :30 P.M., May 17, 2007 and then publicly opened and read aloud at 2:00 PM in the Council Chambers .
Specifications and Contract Documents for this project may be purchased for twenty dollars ($20 .00) per set at the
Office of the Department of Engineering, Municipal Office Building , 1000 Throckmorton Street, Fort Worth, Texas .
These documents contain additional information for prospective bidders .
A pre-b id conference will be held at 10:00am, May 8, 2007 in the Storm Water Conference Room , Ground Floor,
Public Safety Building , 1000 Throckmorton (north of the Municipal Building).
Bid security is required in accordance with the Special Instruction to Bidders .
Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the
addenda by initialing the appropriate spaces on the proposal form . Bids that do not acknowledge receipt of all
addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by
contacting the Department of Engineering at (817) 392-7910.
Bidders shall not separate, detach or remove any portion , segment or sheets from the contract document at any time .
Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the
bid as non-responsive . It is recommended that the bidder make a copy of the forms included in the Minority and
Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy
of said forms from the City Project Manager named in this solicitation .
Special Note: In accord with City of Fort Worth Ordinance No . 15530, the City of Fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City contracts . The MWBE Office
has waived goals for this project.
The Managing Department for the project is the Department of Transportation and Public Works/Storm Water. For
additional information, contact Linda S. Young, PE at (817) 392-2485.
CHARLES BOSWELL
CITY MANAGER
Advertising Dates:
April 19, 2007
April 26, 2007
MARTY A. HENDRIX
CITY SECRET ARY
Don McChesney , P.E.
Engineering Manager
Department of Transportation Public Works/
,~~c. Stoo:ter Manag~
1
SPECIAL INSTRUCTIONS TO BIDDERS
1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the
City of Fort Worth, in an amount of not less than 5 percent of the largest possible
total of the bid submitted must accompany the bid, and is subject to forfeit in the
event the successful bidder fails to execute the contract documents within ten
days after the contract has been awarded.
To be an acceptable surety on the bid bond, the surety must be authorized to do
business in the state of Texas. In addition, the surety must (1) hold a certificate
of authority from the Untied States secretary of the treasury to qualify as a surety
on obligations permitted or required under federal law; or (2) have obtained
reinsurance for any liability in excess of $100,000 from a reinsurer that is
authorized and admitted as a reinsurer in the state of Texas and is the holder of
a certificate of authority from the Untied States secretary of the treasury to
qualify as a surety on obligations permitted or required under federal law.
Satisfactory proof of any such reinsurance shall be provided to the City upon
request. The City, in its sole discretion, will determine the adequacy of the proof
required herein.
2 . PROPOSAL: After proposals have been opened and read aloud, the proposals
will be tabulated on the basis of the quoted prices, the quantities shown in the
proposal, and the application of such formulas or other methods of bringing
items to a common basis as may be established in the Contract Documents.
The total obtained by taking the sum of the products of unit prices quoted and
the estimated quantities plus any lump sum items and such other quoted
amounts as may enter into the cost of the completed project will be considered
as the amount of the bid.
Until the award of the contract is made by the Owner, the right will be reserved to
reject any or all proposals and waive technicalities, to re-advertise for new
proposals, or to proceed with the work in any manner as maybe considered for
the best interest of the Owner.
The quantities of work and materials to be furnished as may be listed in the
proposal forms or other parts of the Contract Documents will be considered as
approximate only and will be used for the purpose of comparing bids on a
uniform basis . Payment will be made to the Contractor for only the actual
quantities of work performed or materials furnished in strict accordance with the
Contract Documents and Plans. The quantities of work to be performed and
materials to be furnished may be increased or decreased as hereinafter
provided, without in any way invalidating the unit prices bid or any other
requirements of the Contract Documents.
3 . ADDENDA: Bidders are responsible for obtaining all addenda to the Contract
Documents prior to the bid receipt. Information regarding the status of addenda
may be obtained by contacting the Department of Engineering Construction
Division at (817) 392-7910. Bids that do not acknowledge all applicable addenda
will be rejected as non-responsive.
4 . AWARD OF CONTRACT: The contract, if awarded, will be awarded to the
lowest responsive bidder. The City reserves the right to reject any or all bids and
waive any or all irregularities. No bid may be withdrawn until the expiration of
forty-nine (49) City business days from the date that the M/WBE UTILIZATION
FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH
EFFORT FORM ("Documentation") is received by the City .
5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful
bidder entering into a contract for the work will be required to give the City surety
in a sum equal to the amount of the contract awarded . The successful bidder
shall be required to furnish bonding as applicable in a sum equal to the amount
of the contract awarded. The form of the bond shall be as herein provided and
the surety shall be acceptable to the City. All bonds furnished hereunder shall
meet the requirements of Chapter 2253 of the Texas Government Code, as
amended .
A. If the total contract price is $25,000 or less, payment to the Contractor
shall be made in one lump sum . Payment shall not be made for a period
of 45 calendar days from the date the work has been completed and
accepted by the City .
B. If the contract amount is in excess of $25 ,000, a Payment Bond shall be
executed, in the amount of the contract, solely for the protection of all
claimants supplying labor and material in the prosecution of the work .
C . If the contract amount is in excess of $100 ,000, a Performance Bond
shall be executed, in the amount of the contract conditioned on the faithful
performance of the work in accordance with the plans, specifications, and
contract documents. Said bond shall solely be for the protection of the
City of Fort Worth.
D. All contracts shall require a Maintenance Bond in the amount of one
hundred percent (100%) of the original contract amount to guarantee the
work for a period of two (2) years after the date of acceptance of the
project from defects in workmanship and/or material.
To be an acceptable surety on the performance, payment and maintenance
bonds, the surety must be authorized to do business in the state of Texas and
meet all requirements of Texas Insurance Code, section 7.19-1. In addition , the
surety must (1) hold a certificate of authority from the Untied States secretary of
the treasury to qualify as a surety on obligations permitted or required under
federal law; or (2) have obtained reinsurance for any liability in excess of
$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the
state of Texas and is the holder of a certificate of authority from the Untied
States secretary of the treasury to qualify as a surety on obligations permitted or
required under federal law . Satisfactory proof of any such reinsurance shall be
provided to the City upon request. The City, in its sole discretion , will determine
the adequacy of the proof required herein .
No sureties will be accepted by the City that are at the time in default or
delinquent on any bonds or which are interested in any litigation against the City.
Should any surety on the contract be determined unsatisfactory at any time by
the City, notice will be given to the Contractor to that effect and the Contractor
shall immediately provide a new surety satisfactory to the City .
6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 -
General Provisions , Item 8 , Paragraph 8.6, Standard Specifications for Street
and Storm Drain Construction of the City of Fort Worth, Texas, concerning
liquidated damages for late completion of projects.
7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not
discriminate against any person(s) because of sex, race, religion , color or
national origin and shall comply with the provisions of sections 13A-21 through
13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting
discrimination in employment practices.
8. WAGE RATES: All bidders will be required to comply with provision 5159a of
"Vernon's Annotated Civil Statutes" of the State of Texas with respect to the
payment of prevailing wage rates as established by the City of Fort Worth,
Texas , and set forth in Contract Documents for this project.
9. FINANCIAL STATEMENT: A current certified financial statement may be
required by the Department of Transportation and Public Works Director for use
by the CITY OF FORT WORTH in determining the successful bidder. This
statement , if required, is to be prepared by an independent Public Accountant
holding a valid permit issued by an appropriate State Licensing Agency.
1 O. INSURANCE : Within ten days of receipt of notice of award of contract, the
Contractor must provide, along with executed contract documents and
appropriate bonds, proof of insurance for Workers' Compensation (statutory);
Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000
aggregate); and Automobile Insurance ($1,000,000 each accident on a
combined single basis or $250,000 property damage/$500,000 bodily injury per
person per occurrence. A commercial business policy shall provide coverage on
"any auto", defined as autos owned, hired, and non-owned). Additional lines of
coverage may be requested. If such a request is made after bid opening,
Contractor shall be entitled to additional compensation equal to 110% of the
additional premium cost. For worker's compensation insurance requirements,
see Special Instructions to Bidders -Item 16.
ADDITIONAL INSURANCE REQUIREMENTS :
A The City, its officers, employees and servants shall be endorsed as an
additional insured on Contractor's insurance policies excepting employer's
liability insurance coverage under Contractor's workers' compensation
insurance policy .
B. Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid
documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to
commencement of work on the contracted project.
C . Any failure on part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirements
specified herein.
D. Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation, non-renewal, and/or material change in policy
terms or coverage . A ten days notice shall be acceptable in the event of
non-payment of premium.
E. Insurers must be authorized to do business in the State of Texas and
have a current AM. Best rating of A: VII or equivalent measure of financial
strength and solvency.
F. Deductible limits, or self-funded retention limits, on each policy must not
exceed $10 ,000 .00 per occurrence unless otherwise approved by the City.
G. Other than workers' compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
H. Workers' compensation insurance policy(s) covering employees employed
on the project shall be endorsed with a waiver of subrogation providing
rights of recovery in favor of the City.
I. City shall not be responsible for the direct payment of insurance premium
costs for Contractor's insurance.
J. Contractor's insurance policies shall each be endorsed to provide that
such insurance is primary protection and any self-funded or commercial
coverage maintained by City shall not be called upon to contribute to loss
recovery.
K. In the course of the project, Contractor shall report, in a timely manner, to
City's officially designated contract administrator any known loss
occurrence which could give rise to a liability claim or lawsuit or which
could result in a property loss.
L. Contractor's liability shall not be limited to the specified amounts of
insurance required herein .
M. Upon the request of C ity, Contractor shall provide complete copies of all
insurance policies required by these contract documents.
11 . NON-RESIDENT BIDDERS : Pursuant to Texas Government Code, art.
2252 .002, the City of Fort Worth will not award this contract to a non-resident
bidder unless the non-resident's bid is lower than the lowest bid submitted by a
responsible Texas resident bidder by the same amount that a Texas resident
bidder would be required to underbid a non-resident bidder to obtain a
comparable contract in the state in which the non-resident's principal place of
business is located .
"Non-resident bidder" means a bidder whose principal place of business is not in
this state, but excludes a Contractor whose ultimate parent company or majority
owner has its principal place of business in this state .
"Texas resident bidder" means a bidder whose principal place of business is in
this state , and includes a Contractor whose ultimate parent company or majority
owner has its principal place of business in this state.
This provision does not apply if the project is funded in whole or in part with federal
funds.
The appropriate blanks of the Proposal must be filled out by all non-resident
bidders in order for its bid to meet specifications . The failure of a non-resident
Contractor to do so will automatically disqualify that bidder.
12. MINORITY/WOMEN BUSINESS ENTERPRISE :
SPECIAL NOTE: M/WBE GOALS HAVE BEEN WAIVED FOR THIS PROJECT.
In accord with City of Fort Worth Ordinance No . 15530 , the City of Fort Worth
has goals for the participation of minority business enterprises and women
business enterprises in City contracts.
13 .AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the
proposal, the City reserves the right to adopt the most advantageous
construction thereof or to reject the proposal.
14 .PAYMENT, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY:
The Contractor will receive full payment (less 5% reta inage) from the City for
each pay period. Payment of the retainage will be made with the final payment
upon acceptance of the project as being complete. The project shall be deemed
complete and accepted by the City as of the date the final punch list has been
completed, as evidenced by a written statement signed by the Contractor and
the City . The warranty period shall begin as of the date that the final punch list
has been completed. Bills Paid Affidavit and Consent of Surety shall be required
prior to final payment becom ing due and payable. In the event that the Bills Paid
Affidavit and Consent of Surety have been delivered to the City and there is a
dispute regarding (i) final quantities, or (ii) liquidated damages , City shall make a
payment I the amount that City deems due and payable . In the event of a
dispute regarding either final quantities or liquidated damages , the parties shall
attempt to resolve the differences within 30 calendar days .
15. OZONE ALERT DAYS : The Contractor shall be required to observe the
following guidelines relating to working on City construction sites on days
designated as "OZONE ALERT DAYS ". Typically, the Ozone Alert season within
the Metroplex area runs from May through September, with 6:00 a.m. -10:00
a.m . being critical ozone forming periods each day.
The Texas Commission on Environmental Quality (TCEQ), in coordination with
the National Weather Service, will issue the Ozone Alert by 3:00 p.m . on the
afternoon prior to the alert day. On designated Ozone Alert Days , the Contractor
shall bear the responsibility of being aware that such days have been designated
Ozone Alert Days and as such shall not begin work until 10 :00 a.m. whenever
construction phasing requires substantial use of motorized equipment. However,
the Contractor may begin work earlier if such work minimizes the use of
motorized equipment prior to 10:00 a .m.
If the Contractor is unable to perform continuous work for a period of at least
seven hours between the hours of 7:00 a.m. -6:00 p.m., on a designated Ozone
Alert Day, that day will be considered as a weather day and added onto the
allowable weather days of a given month.
16. WORKERS' COMPENSATION INSURANCE COVERAGE:
compliance with Workers' Compensation shall be as follows :
A Definitions:
Contractors
Certificate of coverage ("certificate") - A copy of a certificate of insurance,
a certificate of authority to self-insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83 , or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity employees providing services on a project, for the
duration of the project.
Duration of the project -includes the time from the beginning of the work
on the project until the Contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in. 406.096) -
includes all persons or entities performing all or part of the services the
Contractor has undertaken to perform on the project , regardless of
whether that person has employees. This includes , without limitation ,
independent contractors, subcontractors , leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project.
"Services" include, without limitation , providing, hauling , or delivering
equipment or materials, or prov iding labor, transportation , or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
8. The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage
agreements , which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the Contractor providing
services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of
coverage ends during the duration of the project, the Contractor must ,
prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a
project , and provide to the City:
1) a certificate of coverage, prior to that person beginning work
on the project, so the City will have on file certificates of coverage
showing coverage for all persons providing services on the project;
and
2) no later than seven days after receipt by the Contractor, a
new certificate of coverage showing extension of coverage, if the
coverage period shown on the current certificate of coverage ends
during the duration of the project.
F. The Contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G . The Contractor shall notify the governmental entity in writing by certified
mail or personal delivery, within ten days after the Contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project.
H. The Contractor shall post on each project site a notice, in the text , form
and manner prescribed by the Texas Workers' Compensation
Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify
coverage and report lack of coverage.
I. The Contractor shall contractually require each person with whom it
contracts to provide services on a project to:
1) Provide coverage, based on proper reporting on
classification codes and payroll amounts and filing of any coverage
agreements, which meets the statutory requirements of Texas
Labor Code, Section 401 .011 (44) for all of its employees providing
services on the project, for the duration of the project;
2) Provide to the Contractor, prior to that person beginning
work on the project, a certificate of coverage showing that coverage
is being provided for all employees of the person providing services
on the project, for the duration of the project;
3) Provide the Contractor, prior to the end of the coverage
period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
4) Obtain from each other person or entity with whom it
contracts, and provide to the Contractor:
a)a certificate of coverage, prior to the other person or entity
beginning work on the project; and
b)a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage
period shown on the current certificate of coverage ends
during the duration of the project;
5) Retain all required certificates of coverage on file for the duration of
the project and for one year thereafter.
6) Notify the governmental entity in writing by certified mail or
personal delivery, within ten days after the person knew or should
have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
7) Contractually require each person with whom it contracts, to
perform as required by paragraphs (1) -(7), with the certificates of
coverage to be provided to the person for whom they are providing
services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the Contractor is representing to the governmental entity that
all employees of the Contractor who will provide services on the project
will be covered by workers' compensation coverage for the duration of the
project , that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the
case of a self-insured , with the commission's Division of Self-Insurance
Regulation . Providing false or misleading information may subject the
Contractor to administrative penalties, crimina l penalties , civil penalties or
other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach
of contract by the Contractor which entitles the City to declare the contract
void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the City.
"The Contractor shall post a notice on each project site informing all
persons providing services on the project that they are required to be
covered, and stating how a person may verify current coverage and report
failure to provide coverage . This notice does not satisfy other posting
requirements imposed by the Texas Workers' Compensation Act or other
Texas Workers ' Compensation commiss ion rules. This notice must be
printed with a title in at least 30 point bold type and text in at least 19 point
norma l type, and shall be in both English and Spanish and any other
language common to the worker population . The text for the notices shall
be the following text , without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person work ing on this site or providing
services related to this construction project must be covered by workers'
compensation insurance. This includes persons providing, hauling, or
delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512) 440-3789 to
receive information on the legal requirement for coverage , to verify
whether your employer has provided the required coverage , or to report
an employer's failure to provide coverage ."
17 .AGE DISCRIMINATION: In accordance with the policy ("Policy") of the
Executive Branch of the federal government, Contractor covenants that neither it
nor any officers , members, agents or employees who engage in the performance
of this contract shall , in connection with such employment, advancement or
discharge of employees or in connection with the terms , conditions or privileges
of their employment, discriminate against any person because of their age
except on the basis of a bona fide occupational qualification, retirement plan or
statutory requirement.
Contractor further covenants that neither it nor its officers , members , agents or
employees acting on their behalf, shall specify in solicitations or advertisements
for employees to work on those contract a maximum age limit for such
employment unless the specified maximum age lim it is based upon a bona fide
occupational qualification, retirement plan or statutory requirement.
Contractor warrants that it will fully comply w ith the Policy and will defend,
indemnify and hold City harmless against any and all claims or allegations filed
by third parties against City arising out of Contractor's alleged failure to comply
with the Policy in the performance of this contract.
18 . DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of
the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it
will not unlawfully discriminate on the basis of disability in the provision of
services to the general public, nor in the availability, terms or conditions of
employment for applicants for employment with , or current employees of,
Contractor. Contractor warrants that it will fully comply with the ADA's provisions
and any other applicable federal, state, or local laws concerning disability and will
defend , indemnify and hold City harmless against any and all claims or
allegations filed by third parties against City arising out of Contractor's alleged
failure to comply with the ADA in the performance of this contract.
COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE LAWS
(a) Duty to pay Prevailing Wage Rates . The contractor shall comply with all
requirements of Chapter 2258, Texas Government Code (Chapter 2258),
including the payment of not less than the rates determined by the City Council
of the City of Fort Worth to be the prevailing wage rates in accordance with
Chapter 2258 . Such prevail ing wage rates are included in these contract
documents.
(b) Penalty for Violation. A contractor or any subcontractor who does not pay the
prevailing wage shall , upon demand made by the City, pay to the City $60 for
each worker employed for each calendar day or part of the day that the worker is
paid less than the prevailing wage rates stipulated in these contract documents .
This penalty shall be retained by the City to offset its administrative costs ,
pursuant to Texas Government Code 2258.023.
(c) Complaints of Violations and C ity Determination of Good Cause. On receipt of
information , including a complaint by a worker, concerning an alleged violation of
2258 .023 , Texas Government Code, by a contractor or subcontractor, the City
shall make an initial determination, before the 31 51 day after the date the City
receives the information , as to whether good cause exists to believe that the
violation occurred . The City shall notify in writing the contractor or subcontractor
and any affected worker of its initial determination. Upon the City's
determination that there is good cause to believe the contractor or subcontractor
has violated Chapter 2258, the City shall retain the full amounts claimed by the
claimant or claimants as the difference between wages paid and wages due
under the prevailing wage rates, such amounts being subtracted from successive
progress payments pending a final determination of the violation.
(d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged
violation of Section 2258.023, Texas Government Code, including a penalty
owed to the City or an affected worker, shall be submitted to binding arbitration in
accordance with the Texas General Arbitration Act (Article 224 et seq., Revised
Statutes) if the contractor or subcontractor and any affected worker do not
resolve the issue by agreement before the 15th day after the date the City
makes its initial determination pursuant to paragraph (c) above. If the persons
required to arbitrate under this section do not agree on an arbitrator before the
11th day after the date that arbitration is required, a district court shall appoint an
arbitrator on the petition of any of the persons . The City is not a party in the
arbitration . The decision and award of the arbitrator is final and binding on all
parties and may be enforced in any court of competent jurisdiction .
(e) Records to be Maintained . The contractor and each subcontractor shall , for a
period of three (3) years following the date of acceptance of the work, maintain
records that show (i) the name and occupation of each worker employed by the
contractor in the construction of the work provided for in this contract; and (ii) the
actual per diem wages paid to each worker. The records shall be open at all
reasonable hours for inspection by the City. The provisions of the Audit section
of these contract documents shall pertain to this inspectioA .
(f) Pay Estimates . With each partial payment estimate or payroll period, whichever
is less, the contractor shall submit an affidavit stating that the contractor has
complied with the requirements of Chapter 2258, Texas Government Code.
(g) Posting of Wage Rates. The contractor shall post the prevailing wage rates in a
conspicuous place at the site of the project at all times .
(h) Subcontractor Compliance. The contractor shall include in its subcontracts
and/or shall otherwise require all of its subcontractors to comply with paragraphs
(a) through (g) above .
er.
Concrete Pavin
Concrete Pavin
Concrete Pavin
Concrete Rubber
Crane , Clamshell , Backhoe , Derrick,
Dragline , Shovel
Electrician
Form Builder-Structures
Foundation Drill O erator , Crawler Mounted
Foundation Drill O erator, Truck Mounted
Front End Loader
Laborer-Common
Laborer-Uti li
erator, Fine Grade
Roller , Steel Wheel Plant-Mix Pavements
Roller , Stee l Wheel Other Flatwheel or
Tampin
Reinforcin Steel Setter Structure
Source is AGC of Texas
(Hwy, Hvy , Utilities Industrial Branch)
www.access .gpogov/davisbacon/
4/17/2007
$11.01
$8 .80
$13 .99
$12 .78
$14 .15
$9.88
$13.22
$12.80
$12 .85
$13 .27
$12 .00
$13 .63
$12 .50
$13 .56
$14 .50
$10 .61
$14 .12
$18 .12
$8.43
$11 .63
$11 .83
$13 .67
$16 .30
$12 .62
$9.18
$10 .65
$16 .97
$11 .83
$11 .58
$15 .20
$14 .50
$13 .17
$10 .04
$11 .04
$1 1.28
$10 .92
$1 1 .07
$14 .86
$16 .29
Truck Driver-Lowbo /Float
Truck Driver-Transit Mix
Wagon Drill, Boring Machine , Post Hole
Driller
Welder
Work Zone Barricade Servicer
$11.42
$12 .32
$12 .33
$10 .92
$12 .60
$12 .91
$12 .03
$10 .91
$11.47
$11.75
$14 .93
$12 .08
$14 .00
$13 .57
$10 .09
Air Conditionin Mechanic
Air Conditionin Mechanic Hel er
Acoustic Ceilin Installer Hel er
Brickla er/Stone Mason
Brickla er/Stone Mason Hel er
Concrete Finisher Hel er
Concrete Form Builder
Concrete Form Builder Hel er
D
Electrician Journe man
Electrician Hel er $12.95
Electronic Technician $20 .06
$12 .27
$15 .17
Floor Layer (Resilient) $15 .94
Floor La er Hel er $11 .00
Glazier $14 .35
$10 .32
$15 .05
$10 .12
Laborer Common $9.21
Laborer Skilled $11 .59
Lather $15 .94
$11 .12
Assembler $14 .29
Metal Buildin Assembler Hel er $9 .33
Painter $12 .86
$8 .66
$18 .22
$12 .90
Plasterer $16.16
$9 .98
Reinforcin $13 .00
Roofer $15 .33
Roofer Hel er $10 .24
Sheet Metal Worker $15 .73
Sheet Metal Worker Hel er $10 .53
Source is Fort Worth Chapter
Associated General Contractors (www.Quoin .org)
4/17/2007
$13.37
$9.48
$17 .86
$13.33
Steel Worker Structural $16 .20
Steel Worker Structural Hel er $11 .71
Welder $15 .88
Welder Hel er $11 .25
Houri Rates
$16.07
$12 .62
$17 .55
$13 .27
Truck Driver $12 .66
Ma ~ 14 07 08:32a Sam Domingue 817 -54 5-4443
TO : Mr. Charles Boswell
City Manager
City of Fort Worth , Texas
PROPOSAL
(form revised May 11, 2007)
FOR: 2007 TREE REMOVAL AND STUMP GRINDING PROGRAM
PROJECT NO. PE 69 539120 0209206
p .7
Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans
and specifications, understands the amount of work to be done, and hereby proposes to do all the
work and furnish all labor, equipment, and materials necessary to fully complete all the work as
provided in the plans and specifications, and subject to the inspection and approval of the
Transportation and Public Works Director of the City of Fort Worth.
Total quantities given in the bid proposal may not reflect actual quantities; however, they are given
for the purpose of bidding on and awarding the contract. Work shall be performed on an "on-call "
basis. No quantities are guaranteed .
Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and
furnish Performance and Payment Bond approved by the City of Fort Worth for performing and
completing the said work within the time stated and for the following sums, to-wit:
PAY BID DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
1 5 acres Acre 1 to Acre 5
Tree Removal
and Stump Grinding
Two thousand eight Dollars &
hundred 0 Cents $2,800. ~14 000 ,
Per Acre
Ma~ 14 07 08:32a Sam Domingue 817-545-4443 p.8
PAY BID DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
2 5 acres Acre 6 to Acre 10
Tree Removal
and Stump Grinding
Two thousand seven hund~ars &
0 Cents §2,zoo. ~]3,500
Per Acre
3 5 acres Acre 11 to Acre 15
Tree Removal
and Stump Grinding
Two thousand ~ii Dollars &
hundred O Cents $ 2,600. $13,000.
Per Acre
4 5 acres Acre 16 to Acre 20
Tree Removal
and Stump Grinding
Two thousand five Dollars &
hundred Cen~ $ 2,500. $12 SQQ ' Per Acre
5 5 acres Acre 21 to Acre 25
Tree Removal
and Stump Grinding
Two thousand four Dollars &
hundred o Cents -----=----$2,400. $12,000.
Per Acre
6 5.3 acres Acre 26 to Acre 30.3
Tree Removal
and Stump Grinding
Two thousand three Dollars &
hundred __ ..,..O __ Cents $ 2,300. $12,190.
Per Acre
Note: The unit price for Pay Item 6 will be applied to any additional quantities requested .
Ma~ 14 07 08:32a
PAY BID
ITEM QUANTITY
Sam Domingue
DESCRIPTION OF ITEMS WITH BID
PRICES WRIITEN IN WORDS
7 1 Hour Tree PruningfTrimming
TOTAL BID
0 n e h u n d red f i f t y Dollars &
0 Cents
Per Hour
Seveoty Five Dollars &
0 Cents
817-545 -4443
UNIT
PRICE
$ l 50
TOTAL
AMOUNT 810
$ l so'
$ -,,77, 340.
p.9
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House B ill 620 relative to the award of
contracts to non-resident bidders (out-of-state contractors whose corporate offices or
principal place of business are outs ide the state of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to
underbid a non-resident bidder in order to obtain a comparable contract in the state in
which the non-resident's principal place of business is located. The appropriate blanks in
Section A must be filled out by all out-of-state or non-resident bidders in order for your bid
to meet specifications. The failure of out-of-state or non-resident contractors to do so will
automatically disqualify that bidder. Resident bidders must check the box in Section B .
A. Non-resident vendors in L o u i siana (give state), our principal place
of business, are required to be a percent lower than resident bidders by
state law. A copy of the statute is attached.
Non-resident vendors in r. au i 8 i a O a (give state), our principal place
of business are not required to underbid res ident bidders .
B. Our principal place of business or corporate offices are i n the State of Texas.O Yes
No ~
Bidder:
Vege t a ti o n Ma n age men t
Company I nc .
9031 Cameron Street
Address
D11so n , L a . 7 0529
City/State/Zip
s p ee i a 1 i s tS"m ))om , 9 1.t ~
By (Please Print)
Title (Please Print)
P-2
THIS FORM MUST BE RETURNED WITH YOUR QUOTATION
This contract is issued by an organization which qualifies for exemption pursuant to the
provisions of Article 20 .04 (F) of the Texas Limited Sales, Excise and Use Tax Act.
Taxes. All equipment and materials not consumed by or incorporated into the project
construction, are subject to State sales taxes under House Bill 11, enacted August 15,
1991.
The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance
7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination
in, employment practices.
Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will
execute the formal contract and will deliver an approved Surety Bond for the faithful
performance of this contract. The attached deposit check in the sum of
_Dollars ($38b?. ) is to become the property of the City of Fort Worth, Texas , or the
attached Bidder's Bond is to be forfeited in the event the contract and bond are not
executed within the time set forth, as liquidated damages for delay and additional work
caused thereby.
I (we), acknowledge receipt of the following addenda to the plans and specifications, all of
the provisions and requirements of which have been taken into consideration in
preparation of the foregoing bid:
Addendum No . 1 (lnitiarsf?D
Addendum No. 2 (Initials) _
Addendum No . 3 (Initials)_
(Seal)
Date: 5-/ (p -() 7
Respectfully submitted ,
P-3
-
-
-
MINORITY AND WOMEN'S BUSINESS ENTERPRISES SPECIFICATIONS
SPECIAL NOTE: M/WBE GOALS HAVE BEEN WAIVED FOR THIS PROJECT.
In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth
has goals for the participation of minority business enterprises and women
business enterprises in City contracts.
P-4
CITY OF FORT WORTH, TEXAS
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR: 2007 TREE REMOVAL and STUMP GRINDING PROGRAM
PROJECT NO. PE 69 539120 0209206
1. SCOPE OF WORK: within the City of Fort Worth, as directed in these
specifications . See Technical Specifications section below.
2. The City reserves the right to abandon, without obligation to the Contractor, any part
of the project, or the entire project, at anytime before the contractor begins any work
authorized by the City. Work shall be performed on an "on-call " basis, and no
quantities are guaranteed.
3. Bidders shall not separate, detach or remove any portion, segment or sheets from
the contract documents at any time. Failure to bid or fully execute contract without
retaining contract documents intact may be grounds for designating bids as "non-
responsive" and rejecting bids or voiding contract as appropriate and as determined
by the Director of the Department of Transportation and Public Works .
4 . The Contractor shall be responsible for providing traffic control during the
construction of this project consistent with the provisions set forth in the 1980
edition of The Texas Manual on Uniform Traffic Control Devices for Streets and
Highways, issued under the authority of the "State of Texas Uniform Act Regulating
Traffic on Highways", codified as Article 6701d Vernon's Civil Statutes, Section Nos.
27,29,30 and 31.
5. Bidders are cautioned not to submit their bids until said specifications have been
carefully examined by them. Contract will be awarded to the lowest responsible and
responsive bidder.
6. RIGHT TO AUDIT:
(a) Contractor agrees that the City shall, until the expiration of three (3) years after
final payment under this contract , have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
Contractor involving transactions relating to this contract.
Contractor agrees that the City shall have access during normal working hours to
all necessary Contractor facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section . The City shall give contractor reasonable advance
notice of intended audits.
(b) Contractor further agrees to include in all its subcontracts hereunder a provision
to the effect that the subcontractor agrees that the City shall, until the expiration
of three (3) years after final payment under the subcontractor, have access to
and the right to examine and photocopy any directly pertinent books, documents,
papers and records of such subcontractor, involving transactions to the
subcontract, and further, that City shall have access during normal working
hours to all subcontractor facilities, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with the
provisions of this article together with subsection (c) hereof. City shall give
subcontractor reasonable advance notice of intended audits.
7 . PAYMENT:
On a monthly basis, the Contractor will submit to the City an invoice listing in detail
the amount of work completed, broken down by location. The Superintendent or his
designated representative will verify the amount of work completed.
Should any defective work or material be discovered, or should reasonable doubt
arise as to the integrity of any part of the work completed prior to final acceptance
and final payment, a deduction will be made from the next requested payment in an
amount equal in value to the defective or questioned work, and this work shall be
excluded in subsequent payments until the defects have been remedied or the
causes for doubt removed .
PAY ITEM NO. 1 -TREE REMOVAL AND STUMP GRINDING IN DRAINAGE
CHANNELS:
Tree removal and stump grinding shall be ~pplied to vegetation growing in drainage
ditches and channels within the City limits of Fort Worth, Texas.
Trees are to be removed only after they have been formally identified as injurious to
the common good by the Storm Water Management (SWMD) Division . Such trees
must be marked by flagging or other means by the SWMD for a minimum of three
days before removal, unless it is deemed to be an emergency. All brush shall be
cleared from the area to limits defined by SWMD.
See Technical Specifications Section below.
The unit price bid per square foot of cleared area shall be full compensation for all
materials, labor equipment and incidentals necessary to complete the work.
8. FREQUENCY AND SCHEDULE OF WORK:
Work shall be performed on an "on-call" basis. When notified of a location and
quantity for tree removal, Contractor shall respond within 1 week. A representative
of the Department of Transportation and Public Works will meet the contractor on-
site to specify locations for removal and clearing .
9 . INSPECTION OF WORK :
All areas cleared shall be jointly inspected by the Department of Transportation
and Public Works and representatives of the Contractor following completion of
tree removal, brush clearing and stump grinding.
Inspection findings shall be documented and signed by both representatives and
will be utilized to support requests for payment by the contractor for satisfactory
completion of services .
10. COMPLAINT PROCEDURE:
Complaints from residents resulting from work done under this contract will be
received and recorded by the Street Division, Transportation and Public Works
Department, City of Fort Worth . The complaints will then be forwarded to the
Contractor. The Contractor will make contact with the person or persons
registering the complaint within twenty-four (24) hours and do whatever is
necessary to investigate the situation and make a sound judgment as to its
authenticity. If, in fact, a liability situation does exist, every effort will be taken to
insure that the claim is settled as expeditiously as possible. In each case the
Street Division, Transportation and Public Works Department, City of Fort Worth,
will be kept informed as to the deposition of complaints.
11. RESPONSIBILITY FOR PROPERTY DAMAGE:
The Contractor shall be responsible for any property damage caused by the use
of chemicals , vehicles, or other equipment while engaged in this contract. The
Contractor shall pay for and maintain in full force during the tenure of this contract
the insurance listed below. The City of Fort Worth shall be provided certified
proof that such insurance is in fact, in force prior to the contract work date and
will continue in force for the length of the contact. The contractors insurance
should address and cover comprehensive chemical draft liability.
COVERAGE
(A) Workmen's Compensation
(8) Public Liability
(1) Bodily Injury
(2) Property Damage
(C) Motor Vehicle Public Liability
(1) Bodily Injury
(2) Property Damage
LIMITS OF LIABILITY
Statutory
$1,000,000 single limit
$1,000,000 each accident
$1,000,000 each person
$1,000,000 each accident
$1,000,000 each accident
12. AVAILABILITY:
The Contractor must have at least one responsible member of the company on
call/available twenty-four (24) hours per day-to respond to service and inspection
requests from the City of Fort Worth and to answer questions and/or take
possible complaints from residents of Fort Worth, Texas. A list of names, titles,
addresses and telephone numbers of these responsible individuals will be
furnished to the Street Superintendent City of Fort Worth.
13 . CONTRACT TIME AND EXTENSION :
The contract is for one (1) year but may be extended for two (2) additional years
if mutually agreeable to the Contractor and the City of Fort Worth. The contract
amount will remain the same as bid amount unless the Contractor can provide
proof of increases in labor, material, insurance, etc., which exceed five (5)
percent. Payroll records and/or receipts of materials shall be submitted to the City
in order to substantiate increase approvals .
14. This contract is governed by the following two published specifications and one
ordinance, except as modified by these Special Provisions : Standard
Specifications for Street and Storm Drain Construction-City of Fort Worth, and
Standard Specifications for Public Works Construction-North Central Texas
Council of Governments, and City of Fort Worth Tree Preservation Ordinance
No. 17228-10-2006.
TECHNICAL SPECIFICATIONS FOR
2007 TREE REMOVAL and STUMP GRINDING PROGRAM
PROJECT NO . PE 69 539120 0209206
PART ONE -GENERAL SPECIFICATIONS
1.0 INTENT -the intent of these specifications is to describe the minimum
requirements for an annual agreement for the removal of hazardous trees,
trunks , brush and stumps on City drainage channels.
2 .0 PURPOSE -To provide a safe environment for the citizens and visitors of
Fort Worth.
3 .0 SCOPE OF WORK -Work shall consist of MARKED tree removal , brush
clearing and stump grinding in drainage channels .
4 .0 STORM WATER MANAGEMENT DIVISION'S DUTY:
The SWMD will be responsible for marking trees, trunks, and stumps that are
to be removed, identifying limits to be cleared of brush, making inspections ,
re-inspections, monitoring the contractor's activities , ensuring the work
performed in the assigned project area is done to the quality level prescribed
in these specifications, and in accordance with the prescribed time schedule .
Upon determination of any violation of the specifications and/or terms of the
contract the SWMD Inspector shall record, process and submit all pertinent
information to the contract file and the Project Manager for determination of
liquidated damages or termination of the contract.
5 .0 ASSIGNMENT OF WORK ORDERS:
Work orders will be issued on an on -call basis as needed .
6.0 TIME TO COMPLETE WORK:
Upon issuance of a work order, the Contractor shall begin work and shall
proceed with all reasonable dispatch to complete the work order within the
time set out in the written work order. The SWMD can cancel or extend a
work order if determined that there was insufficient time to complete the order
before the end of the specified time period .
7.0 WORK TIMELINESS AND LIQUIDATED DAMAGES:
Note:
Failure on the part of the Contractor to complete all work orders, that were not
canceled or extended within the contract specifications may result in the
Contractor being assessed forty-five dollars ($45 .00) per day, per work order
as liquidated damaged for incomplete work until all work on said work order is
completed within contract specifications. Liquidated damages will not exceed
the total dollars billed for said work order.
Should it become necessary to assess liquidated damages to a Contractor on
more that one occasion, the City of Fort Worth reserves the right to terminate the
contract.
8 .0 ASSESSMENT OF DAMAGES:
The Contractor should check trees in the immediate area for recent and/or
existing damage before contract work begins. The Contractor should
then notify and set up a time with the SWMD to inspect any existing
damage. After said Inspection the SWMD shall then order the work to
proceed, extend or cancel the order.
Random checks of the trees may be carried out during the contract period at
the option of the SWMD.
The SWMD may schedule a check of any or all project sites at the end of the
contract period. The SWMD and Contractor will attend the Inspection .
Damages that in the opinion of the SWMD are the fault of the Contractor
shall be documented by photo and memo to the Project Manager with a copy
to the contract file and Contractor.
9 .0 DAMAGE :
Damages to other trees shall be assessed at the following rates :
9.1 . Slight Damage $100.00
"Slight Damage" is damage that will heal and poses no major threat to the
tree .
9 .2 . Moderate Damage $300.00
"Moderate Damage" is damage, that in the opinion of the City
Forester or representative thereof, may eventually contribute to the
death of the tree.
9 .3 . Severe Damage Amount to be Determined!
"Severe Damage" is that which in the opinion of the City Forester
causes a need for the tree to be removed, or that the injury will cause
the death of the tree. The amount of the damages to be assessed for
"Severe Damage" will be determined through the use of the current
I.S .A. (International Society of Arboriculture) formula for the monetary
evaluation of shade trees.
9.4. Damages to structures, uti lities, signs, light fixtures, landscape
furniture, or other City property, other than trees, will be repaired or
replaced. It is understood that the Contractor will repair all damage
caused by the workmen engaged in work under this contract without
delay at contractor's sole cost and expense. Repair work will be
carried out by skilled workmen acceptable to the City of Fort Worth .
The Director of the Transportation and Public Works Department, or
his/her representative , prior to final payment must approve all repairs
and replacements .
10 .0 Damages as described herein shall be deducted from payments otherwise
due to the Contractor, and/or the City may take any other action as needed to
secure the collection of assessed damages.
11 .0 Repeated assessment of slight damages, three (3) assessments of moderate
damages , or one (1) assessment of severe damage may result in termination
of the contract.
12.0 WORK ORDER, PAYMENT AND COMPENSATION:
12.1. Work Order:
The work order will consist of a written list of specified trees, trunks,
stumps or linear footage work area. The work order shall be
considered complete when all work on the sheet has been inspected
and approved by the SWMD and has been signed by both the SWMD
and Contractor indicating that agreement exists as to the information
shown on the work order. Such information shall consist of location,
number of trees, and the acceptability of work. The completed sheets,
-
dated, and signed by the Contractor and the SWMD will be submitted
for payment monthly. See: Attachment 2 and Attachment 3. It shall
be mandatory that all work orders be filled out monthly. All work
orders from the preceding month must be completed and turned in
before work orders for the current month may be issued.
*******************************************
Note:
Failure to obtain a work order prior to beginning a project can result in NON-
PAYMENT for work performed.
*******************************************
12.2. Compensation
The basis for compensation under this contract shall be square
footage of area cleared.
Should the Contractor disagree with the City's measurement,
Contractor shall stop work on that project immediately and contact the
SWMD office for re-measurement. The SWMD's decision in this
matter shall be final.
13.0 HAZARDOUS CONDITIONS:
The Contractor will be required to notify SWMD immediately of any
hazardous conditions and/or damage to any city or private property (including
plant material).
14.0 SUPERVISION OF WORK CREW:
Contractor shall provide supervision of all work crews at all times while
performing work under this contract. Personal supervision is not required
provided that communication equipment or other means are provided that
enables the work Crew to communicate with the Contractor at all times. Each
work Crew shall have a designated person on the work site that has the
authority to respond to inquiries about work details or priorities.
liiiil
15.0 TRAFFIC DISRUPTION:
15 .1. Street Obstruction:
Prior to the commencement of this contract the Contractor shall meet
with the City Traffic Engineer or his representative in the presence of
the SWMD for the purpose of developing and approving a traffic
control plan for typical street obstruction, in case such obstruction
occurs .
15 .2. Traffic Control Devices:
The Contractor shall furnish and install signs, markings,
barricades , and all other traffic control devices required to adequately
maintain proper traffic control for the duration of the work · at that site .
All control devices shall conform to those used by the City of Fort
Worth Department of Transportation and Public Works for that
purpose. No additional compensation will be made to the Contractor
for the work and materials involved in contracting for and maintaining
barricades, signs , markings, warning devices, and/or lights or for
providing any other incidental items necessary for the proper direction,
safety and convenience of the traffic during any work under this
contract.
16.0 FLAGMEN:
Flagmen shall be furnished by the Contractor to direct traffic whenever the
City Traffic Engineer or his representative determines that such control is
needed. The use of flagmen as ordered by the City Traffic Engineer or his
representative is for the purpose of assisting in the even flow of traffic , both
pedestrian and vehicular, and does not in any way relieve the Contractor of
full responsibility for taking such other steps and providing such other
personnel as the Contractor may deem necessary for the protection of the
work site and of the public and does not in any way relieve the Contractor of
its responsibility for any damage for which it would otherwise be liable.
17.0 BLOCKAGE OF MAJOR THOROUGHFARES:
If any portion of a major thoroughfare will have to be blocked off because of
work to be performed hereunder, the Contractor shall develop a general
traffic handling plan, and submit it to and gain the written approval of the
Director of the City of Fort Worth, Department of Transportation and Public
Works, or his approved representative, prior to the beginning of work on that
project.
18.0 UTILITIES:
The Contractor shall be responsible at his own cost for any and all work,
expense, or special precautions caused or required by the existence or
proximity of utilities encountered in performing the work under this contract.
The contractor's on-site supervisor shall be fully conversant in the safety
procedures to be followed in case of an accident involving utility lines .
The Contractor is to request service by TXU Electric if the proximity of the
power lines does not allow work to proceed safely.
PART TWO--CONTRACT SPECIFICATIONS:
19.0 DEFINITIONS:
19.1. Tree removal shall refer to the lowering and demolition of the tree to a
height no greater than 2 inches above grade.
19.2. Stump grinding shall refer to the process of disposing of the tree base,
all roots, and all waste material to-a minimum of six (6) inches below
grade. This process shall be performed by the use of a device that
has been approved by SWMD that reduces the stump and roots to
shavings or sawdust without the stumps or roots being removed from
the ground.
19.3. Stump shall refer to the part of the tree that remains after the trunk has
been removed to a height of not greater than two (2) inches above
grade.
19.4. Brush clearing/removal. shall refer to removal of all bushes, weeds and
plants in a defined area to a height no greater than 2 inches above
grade. Waste material is to be disposed by the use of a device that
has been approved by SWMD that reduces it to shavings or sawdust.
19.5. Litter and/or waste material shall be defined as, but not limited to
leaves, bark, sawdust, wood chips, twigs, or any other material, or
debris produced by the tree, or the process of the removal of said tree,
said trunk, said brush or said stump .
20.0 QUANTITY OF WORK (Hazardous Trees, Trunks and Stumps):
Work is to be performed on an on-call basis , and no quantities are
guaranteed .
21.0 DURATION:
This exclusive agreement shall be for a period of one (1) calendar year with
two (2), one (1)-year renewal options providing that both the City of Fort
Worth and the Contractor agree and that costs remain the same.
22 .0 SUB-CONTRACTING:
Sub-contracting of this contract, except for minor tasks or specific services
such as traffic control , is expressly forbidden .
23 .0 DEFAULT:
Contractor covenants , agrees and recognizes that the City may for any failure
of the Contractor to comply and provide fully with the terms of this contract,
declare Contractor to be in breach and avail itself of any and all remedies
available to the City at law or in equity.
24.0 NON-WAIVER:
The failure of either party to insist, in any one or more instances, upon
performance of any of the terms, covenants or conditions of this contract,
shall not be construed as a waiver or relinquishment of the future
performance of said term, covenant, or condition by the other party, but the
obligation of said party with respect to such future performance shall continue
in full force and effect.
25.0 NOTICE:
Unless otherwise provided for in this contract, any notice, request, or reply
(herein called notice) provided or permitted to be given, made or accepted by
any party to the other must be in writing and may be given or be served by
depositing said notice in the United States Mail, Postpaid, Registered or
Certified, and addressed to the party to be notified, with Return Receipt
Requested, or by delivering said notice to an officer of that party, or by
prepaid telegram that is addressed to the party to be notified. Notice placed
in the United States Mail in the manner stated above shall be deemed to be
effective, unless otherwise stated in this contract, from and after the
expiration of three days after it is so deposited.
26 .0 GOVERNING LAW:
This agreement is subject to and is construed to be in accordance with the
laws of the State of Texas, the City Charter and Ordinances of the City of Fort
Worth, the laws of the Federal Government of the United States of America
and all rules and regulations of any regulatory body or officer having
jurisdiction. This contract is preferable in Tarrant County, Texas.
27.0 SEVERABILITY:
If any provision of this contract is determined to be legally invalid or
unenforceable, such invalidity or unenforceability shall not affect the whole
contract; but the whole contract shall be construed as if not containing the
provision, and the rights and obligations of the parties shall be construed and
enforced accordingly.
28.0 SUCCESSORS AND ASSIGNS:
This contract shall bind and benefit the respective parties and their legal
successors, and shall not be assigned, in whole or in part, by any party
hereto without first obtaining the written consent of the other party . Nothing
herein shall be construed as creating any personal liability on the part of any
officer or agent of the City.
29 .0 AMENDMENT AND MODIFICATION:
Except as otherwise provided for in this contract this document shall be
subject to change, amendment or modification only with the written consent
of the parties hereto.
30.0 AMBIGUITIES:
In the event of any ambiguity in any of the terms of this contract, it shall not
be construed for or against any party on the basis that said party did or did
not author the same.
31 .0 ACCEPTANCE AND APPROVALS:
Any acceptance or approval by the City, its agents, or employees shall not
constitute, nor be deemed a release of the responsibility or liability of the
Contractor, its employees, agents, or suppliers for the accuracy, competency
and completeness of any reports, information or other documents prepared
-
or services performed pursuant to the terms and conditions of this contract,
nor shall such acceptance or approval be deemed to be an assumption of
such responsibility of liability by the City, its agents, or employees for any
defect, error, or omission in any reports, information or documents prepared
for services performed by the Contractor, its employees, agents , or suppliers
pursuant to this contract.
32 .0 AUDIT AND INSPECTION:
The City shall have the right, but not the duty to inspect, audit, copy and
examine all books and records of the Contractor pertaining to its performance
of services and obligations to the City under this contract, and the City Shall
have the right to inspect all property utilized in connection with this contract.
The Contractor shall maintain all books and records pertaining to this contract
for a period of not less than three years after the termination or expiration of
this contract.
33.0 VENUE:
For the purpose of this -contract, venue shall be in Tarrant County, Texas .
34.0 SURVIVAL:
The provisions of this contract whether expressed or implied that contemplate
or require performance after the termination or expiration of operation
hereunder shall survive such termination or expiration.
35 .0 PAYMENTS OF FINES AND PENALTIES:
The Contractor shall pay any and all fines or penalties assessed the City by
any law organization or entity having jurisdiction for the contractor's violations
of applicable laws, codes, regulations and/or orders arising in connection with
the contractor's performance of services under this contract.
36 .0 REPRESENTATIVES:
The Contractor represents that it and its employees, and agents are fully
competent and qualified to perform all the services required to be performed
under this contract. The Contractor further represents that it is experienced
in these types of services and that all services to be performed hereunder
shall be of the highest professional quality.
37.0 TERMINATION:
The City may terminate this contract at any time upon thirty days notice in
writing to the Contractor. Upon receipt of such notice, the Contractor shall,
unless the notice directs otherwise, discontinue all services in connection with
this contract and shall proceed to cancel promptly all existing orders and
contracts insofar as such orders and contracts are related to this contract
within five working days after receipt of the notice of termination, the
Contractor shall submit a statement to the SWMD showing in detail any and
all chargeable work (that is complete and has yet to be billed). The City
agrees to compensate the Contractor at the prescribed rate for completed
work that has not been billed less any amount to be withheld to cover any
amount owed the City by the Contractor.
Upon expiration, termination, or cancellation of this contract the City will allow
the Contractor three days to remove Contractor owned and/or leased
equipment from all City property. This time period may be extended by
written approval of the Director of the Parks and Community Services
Department. The City reserves the right to refuse any request for a time
extension.
38 .0 TERMINATION BY THE CITY:
The City may terminate the contractor's performance of services under this
contract in the event of default by the Contractor and a failure by the
Contractor to cure such default after receiving such notice thereof, all as
provided in this subsection. Default by the Contractor shall occur if the
Contractor fails to observe or perform any of its duties under this contract.
Should such a default occur, the Staff Forester might deliver a written notice
to the Contractor describing such default and the proposed date of
termination. Such date may not be sooner that the thirtieth day following
receipt of the notice. The Director of the Transportation and Public Works
Department may, at his or her sole option, postpone the termination date. If
prior to the termination date the Contractor cures said fault the termination
date is then null and void. If the Contractor fails to cure the default prior to
the termination date, the City may terminate the contractor's performance
under this contract as of said termination date.
39.0 The following are hereby defined as events of default whether occurring
individually or multiply:
39.1. Failure of the Contractor to observe any of the obligations, covenants,
agreements, and conditions required to be performed under this
contract, specifications, or related documents .
39.2. The dissolution or liquidation of the Contractor; the filing of a voluntary
petition of bankruptcy by the Contractor; the adjudication of the
Contractor as a bankrupt; as assignment for the benefit of creditors by
the Contractor; the approval of a court of competent jurisdiction of any
petition or other pleading in action seeking reorganization,
arrangement, adjustment, or composition of or in respect of the
Contractor under the Federal Bankruptcy Act or any similar state or
federal law; or the appointment of a receiver, trustee or other similar
official for the Contractor or its property, unless within sixty days after
such appointment the Contractor causes such appointment to be
stayed or discharged .
40 .0 In addition to, or in lieu of, the termination procedure set forth above, the City
may take either or any combination of the following actions in the event of a
default by the Contractor:
40.1. If the SWMD determines, and notifies the Contractor that such a
default poses an immediate threat to the health or safety of any person
or to any property interest, and if the Contractor has not cured the
default in twenty-four hours after receipt of such notice, the City shall
have the right to consider this a default by the Contractor, and the right
to terminate the contract immediately. In the event that the City
performs such work, or causes it to be performed, the Contractor shall
compensate the City for the cost thereof. The City shall have the right
to deduct any such compensation due to the City from any sums
otherwise due to the Contractor.
40.2 . The City may withhold all or part of any sums that would otherwise be
due to the Contractor either until such time as such default is cured or
permanently if such default cannot be cured.
40.3. In the event that the Contractor shall fail to perform any of the
provisions of this contract, the City shall promptly notify the Contractor
of its default, stating the facts related thereto. Thereafter, if the event
or condition is not corrected or otherwise made to comply with the
terms of this agreement with in a period of time which is reasonable in
relation to the nature of the event or default, but in no case more than
fifteen days, the City may asses liquidated damages of $45.00 per day
until the default is remedied or the Contract is terminated . Said sum
shall be deducted from amounts owed the Contractor. This remedy is
hereby expressly made cumulative of other remedies available to the
City, at low or in equity, for the breach of this contract.
41.0 TERMINATION BY THE CONTRACTOR:
The Contractor may terminate its performance under this contract only in the
case of a default by the City, and failure of the City to correct said default
after receiving notice thereof, all as provided in this subsection. Default by
the City shall occur if the City fails to observe or perform any of its duties
under this contract. Should such a default occur, the Contractor may deliver
a written notice to the SWMD describing said default, specifying the
provisions under which the Contractor feels the City to be in default, giving
sufficient details of the alleged default to enable the City to remedy the
default, and the contractor's proposed date of termination. Such date may
not be sooner than ninety days following the receipt of the notification. The
Contractor at its sole option may postpone the date of termination . If the City
remedies the default prior to the date of termination, said termination is null
and void. If the City fails to remedy the default prior to the date of
termination, the Contractor may terminate his or her performance under the
contract as of said date.
PART THREE -GENERAL REQUIREMENTS
42.0 A contract for hazardous tree removal and stump g1rinding services will be
awarded to the lowest and best bidder. The lowest and best bid is that which
results in the lowest cost to the City of Fort Worth for complete tree removal
and stump grinding services to be performed by a qualified bidder. The City
reserves the right to reject any and all proposals and to waive any and all
irregularities .
43.0 All work must be performed by the contractor, or by persons under
contractor's employment. The contractor is not allowed to subcontract out
any work called for in this contract, except for minor tasks or specific services
such as traffic control.
44.0 It is the spirit and intent of these specifications to secure for the City the work
described, complete in every respect, and the general conditions thereof shall
be complied with, whether items are specifically mentioned or not.
45.0 INSURANCE
45 .1. Contractor shall, at his/her own expense, provide and maintain the
following insurance coverage, which must be kept in force during the
term of this agreement. A Notice to Proceed will NOT be issued
until the Contractor has complied with this section.
EITHER:
1. Workers' Compensation Statutory
Contractor agrees to provide to the City a certificate showing
that it has obtained a policy if Workers Compensation Insurance
covering each of its employees employed on the project in
compliance with state law.
2. Employer's Occupational Accident Insurance (minimum
limits):
Medical Expenses $100,000 per person per accident
$500,000 aggregate limit per accident
AD&D (Accidental Death and Dismemberment), Paralysis, Loss
of use (limb, sight, hearing)
$100,000 per person per accident
$500,000 aggregate limit per accident
Loss of Income (post seven-day elimination period)
60% of wage prior to injury up to a maximum of $500 per week
for twenty-six (26) weeks
Maximum Lifetime Benefit $500,000
AND:
3. Comprehensive General Liability
(with a minimum limit of $250,000 per person)
Bodily Injury $500,000 per occurrence
Property Damage $100,000 per occurrence
4 . Comprehensive Automobile Liability
(with a minimum limit of $250,000 per person)
Bodily Injury $500,000 per occurrence
Property Damage $100,000 per occurrence
5. Additional Insurance Requirements
The City, its officers, employees and servants shall be endorsed as
an additional insured on Vendor's insurance polices excepting
employer's liability insurance coverage under Contractor's workers'
compensation insurance policy.
Certificates of insurance shall be delivered to the Purchasing
. Department of the City of Fort Worth, 1000 Throckmorton Street,
Fort Worth, Texas 76102, prior to a purchase order being issued.
Any failure on part of the City to request required insurance
documentation shall not constitute a waiver of the insurance
requirements specified herein.
Each insurance policy shall be endorsed to provide the City a
minimum thirty days notice of cancellation, non-renewal, and /or
,;:, '.ci<:ar-:, ·1: l , s~fi;i»1N ~)flJ'll, b!L .. i~~~y~~
tiW ~~t ~~l~l n. ~·~:}~~, 1~1t
material change in policy terms or coverage. A ten days notice shall
be acceptable in the event of non-payment of premium.
Insurers must be authorized to do business in the State of Texas
and have a current A.M. Best rating of A: VII or equivalent measure
of financial strength and solvency.
Deductible limits, or self-funded retentions limits, on each policy
must not exceed $10,000.00 per occurrence unless otherwise
approved by the City.
Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
through insurance pools or risk of retention groups . The City must
approve in writing any alternative coverage .
Workers' compensation insurance policy(s) covering employees of
the Vendor shall be endorsed with a waiver of subrogation proving
rights of recovery in favor of the City.
City shall not be responsible for the direct payment on insurance
premium costs for Vendor's Insurance.
Vendor's insurance policies shall each be endorsed to provide that
such insurance is primary protection and any self-funded or
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery.
While the purchase order is in effect, Contractor shall report, in a
timely manner, to the Purchasing Department any known loss
occurrence that could give rise to a liability claim or lawsuit or which
should result in a property loss.
Vendor's liability shall not be limited to the specific amounts of
insurance required herein.
Upon the request of City, Vendor shall provide complete copies of
insurance polices required by these contract documents.
Insurance certificates satisfactory to the City and Workers'
Compensation Affidavit (Attachment 5) must be received
before contractor can begin work. Failure to supply and
maintain such insurance shall be a breach of contract.
Insurance certification must be supplied to:
PURCHASING DEPARTMENT
CITY OF FORT WORTH
1000 THROCKMORTON
FORT WORTH, TEXAS 76102
COPY TO TRANSPORTATION AND PUBLIC WORKS DEPT,
ATTN: STORM WATER MANAGEMENT DIVISION,
1000 THROCKMORTON,
FORT WORTH, TEXAS 76102
46.0 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
Contractor covenants and agrees to indemnify, hold harmless and defend the
City, its officers, agents, servants or employees from and against any and all
claims for damages or injuries , including death, to any and all persons or
property, of whatsoever kind or character, whether real or asserted, arising
out of or incident to the services relating to the project to be performed by
said contractor, its officers, agents, servants or employees, under the terms
and conditions of this contract, whether or not caused by negligence on the
part of the City, or its officers, agents, servants or employees, and said
contractor does hereby covenant and agree to assume all liability and
responsibility of the City for injuries, claims or suits for damage to any and all
persons or property, of whatsoever kind cir character, occurring during the
term of this agreement and arising out of or by reason of service, covenants
or agreements performed by said contractor, its officers, agents, servants or
employees. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless the City from and against any and all injuries or
damages to property of the City during the performance of any of the terms
and conditions of this contract, whether arising out of or in connection with or
resulting from any and all acts or omissions of the City, its officers, agents,
servants or employees, or caused by negligence on the part of the City, or its
officers , agents, servants or employees.
47.0 POLICY
47.1 . AGE DISCRIMINATION
Contractor covenants that neither it nor any of its officers, members ,
agents , employees or, program participants while engaged in
performing this contract, shall, in connection with the employment,
advancement or discharge of employees or in connection with the
terms, conditions or privileges of their employment, discriminate
against persons because of their age except on the basis of a bona
fide occupational qualification, retirement plan or statutory
requirement.
Contractor further covenants that neither it nor its officers, members,
agents, employees, program participants, or persons acting on their
behalf, shall specify, in solicitations or advertisements for employees
to work on this contract, a maximum age limit for such employment
unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirement.
Contractor warrants it will fully comply with the policy and will defend,
indemnify and hold the City harmless against any claims or allegations
asserted by third parties of subcontractors against the City arising out
of contractor's and/or its subcontractor's alleged failure to comply with
the above referenced policy concerning age discrimination in the
performance of this agreement.
48.0 DISCRIMINATION
Contractor covenants that neither it nor any of its officers, members, agents,
employees, or program participants while engaged in performing this
contract , shall , in connection with the employment, advancement or
discharge of employees or in connection with the terms, conditions or
privileges of their employment, discriminate against persons because of their
race, sex, religion and/or national origin . Contractor warrants it will fully
comply with the policy and will defend , indemnify and hold the City harmless
against any claims or allegations asserted by third parties, or subcontractors
against the City arising out of contractor's and/or its subcontractor's alleged
failure to comply with the above referenced policy concerning race, sex,
religion and/or national origin discrimination in the performance of this
agreement.
48.1. DISABILITY
In accordance with the provisions of the Americans with Disabilities
Act of 1990 ("ADA"), contractor warrants that it and any and all of its
subcontractors will not unlawfully discriminate on the basis of disability
in the provision of services to the general public, nor in the availability,
terms and/or conditions of employment for applicants for employment
with, or employees of contractor or any of its subcontractors .
Contractor warrants it will fully comply with ADA's provisions and any
other applicable federal, state and local laws concerning disability and
will defend, indemnify and hold the City harmless against any claims or
allegations asserted by third parties, or subcontractors against the City
arising out of contractor's and/or its subcontractor's alleged failure to
comply with the above referenced laws concerning disability
discrimination in the performance of this agreement.
PART FOUR -NOTICE
The Bidder Must:
Attend the Pre-Bid Conference to be scheduled by the Purchasing Division .
Sign forms as indicated .
Complete the bid quotation.
Bids lacking the above stated details will be rejected as incomplete .
I understand the foregoing conditions fully (bidder should sign here and on the Bid
Quotation Form which indicates total prices).
Firm Name
Signature
Name and Title (print or type)
Address
City, State and Zip Code
Telephone number (include area code)
TREE, TRUNK, BRUSH AND/OR STUMP REMOVAL WORK ORDER
Job Number: _______ _ Priority: ________ _
1. Name of Contractor: __________________ _
2 . Location :
3 .
4.
7 .
8 .
9 .
-----------------------
Number of Trees: ----------Mapsco: _____ _
Beginning Date: ______ _ To Ending Date:. ______ _
Work Order Approved: Yes __ No __
SWMD Inspector's Signature: ___________ _
Date: ---------
Acceptability: Yes --No __
Contractor's Signature : _____________ _
Date: ·---------
10. Comments:. _____________________ _
CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to V.T.C .A. Labor Code §406.96 (2000), as amended , Contractor certifies that
it provides workers' compensation insurance coverage for all of its employees employed
on City of Fort Worth Project Vegetation Management Specialist, Inc., (VSMI) and
C ity of Fort Worth Project No. PE69-539120-0209206 .
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
CONTRACTOR:
tl~da/t 'oAJ Jfk~&f *t'el?#t-H/t?
~::~ -
Name: ~ J)t?rrz ,Al&tte
Title: /Jtl -e ..f /cleA) f
Date : /~tf>/b£' -7-+-----=.7~'---------
Before me, the undersigned authority, on th is day personally appeared
S amue l Do au&y«e
known to me to be the person whose name is suoscribed to the foregoing instrument,
and acknowl~~d to me that he executed the same as the act and deed of
:rtq.gfa ft bAJ /l/11&~ e/!tt'AIT 0#~e:/a Its/ . .Pv c:
for the purposes-£nd consideration therein expressed and in the la'pacity therein st:ted.
Given Under My Hand and Seal of Office this aL day of oq,,,{J . , 2o tJ?
PA. YMENT BOND Bond No. K0719 1145
THE STATE OF TEXAS
COU NTY OF TARRANT
§
§
§
KNOW A LL BY THE SE PRESE NTS:
That we , (I) Veeetation Management Specialist. Jnc., (VSMI), as Principal herein, and
(2) Westcheste r Fire Insurance Compa n y a
corporation organized and existing under the laws o f the State of (3) New York , as
surety , are held and finnly hound unto the City of Fort Worth , a municipal corporation located in
Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Seventv Seven
Thousand. Three Hundred Fortv Dollars and No Cents Dollars($ 77.34(t 00) for the payment
whereof, the said Principal and Surety bind themselves and their heirs , executors, administrators,
successors and assigns , jointly and severally, firm}y by these presents:
WHEREAS , the Principal has entered into a certain written contract wi th the Obligee
dated the 101b day of July , 20!!1 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; TREE
REMOVAL AND STUMP GRINDING SERVICES, PROJECT NUMBER PE69-539120-
0209206.
NOW, THEREFORE, TIIE CONDITION OF T..qJS 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 wer~ copied at length
herein.
lN WI1NESS WHEREOF, the duly authorized representatives of the Principal and the
Surety have executed this instrument.
SIGNED and SEALED this 10th day of July , 2007.
AITEST:
-. _--: . ..,...--~ -......... ~ -......
Vegetation Management S p e cialist, Inc.
P RINCl?AL
By~-m!] -.
Nam e : ,.S:, m l)Ot!:J ," ~ U ,::_
Title: :P R::e.r I d:f'A) f-
Address : @O if)tl{., d.lj
J)w o ,vl LA. -7 o5oL_
Witness a s to Principa(
Westchester Fire Insurance Company
SURETY
ATTEST:
Secretae ~ r4 ,(_
By: ~ Y-;vc
Name : Randolph A . Brunson
Attorney in Fact
(SE AL)
Witne
NOTE: (1)
(2)
(3)
Address : P .O . Box 14267
Baton Rouge, LA 70898
Telephone Number: (225) 927 -2282
Correct name of Principa l (Contractor).
Correct name of Surety .
State of incorp~ration 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 Cont ract.
• THE BACK OF THIS DOCUMENT LI STS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION . •
THE STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH, TEXAS
CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This agreement made and entered into this the 10th day of July , 20 07 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.O., 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, and
Vegetation Management Specialist, Inc., (VSMI). 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:
TO PROVIDE TREE REMOVAL AND STUMP GRINDING SERVICES
Designated as project number, ____ P_E_6_9_-_53_9 __ 1 __ 2 __ 0_-0_2_0_9_2_0_6 __
2.
And all extra work connected therewith, under the terms as stated in the Contract Documents, and at
Contractor's own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools,
supervision, labor, bonds, insurance, and other accessories and services necessary to complete the said tree,
trunk, and stump removal, in accordance with all the requirements of the Contract Documents, which include all
maps, plats, and other drawings and printed or written explanatory matter thereof, and the specifications thereof,
as prepared by the Transportation and Public Works Department, each of which has been identified by the
endorsement of the Contractor and the Transportation and Public Works Department thereon, together with the
Contractor's written proposal in response to Owner's Invitation to Bid and the other parts of the Contract
Documents hereto attached, including the Fort Worth Transportation and Public Works Department General
Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence
and constitute the entire contract.
C-1
The contractor hereby agrees to commence the tree , trunk, brush , and stump removal on an on-call basis to be
specified in the "Work Order" as will be issued by the Storm Water Management Division and completed within the
designated time stated in the work order
3 .
The Contractor hereby agrees and binds himself to commence and complete the construction of
said work for a specific work order within the time frame specified in writing by the Storm Water
Management Division of the City of Fort Worth.
4.
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
the Transportation and Public Works Department of the City of Fort Worth and the City Council of the City
of Fort Worth within a period of 365 calendar days.
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 the 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 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 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 .
C-2
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.
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,
execute 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 and/or materials
furnished in the prosecution of the work, such bonds being as provided and required in Texas
Government Code Section 2253, as amended, in the form included in the Contract Documents, and
such bonds shall be 100 percent (100%) of the total contract price , and the 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 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 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
Seventy Seven Thousand, Three hundred, forty Dollars and No Cents
$77,340.00
9.
C-3
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
Transportation and Public Works Department.
10.
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 copies verbatim herein.
11 .
The Contractor shall procure and shall maintain during the life of this contract insurance as
specified in paragraph 45 of Special Provisions of this contract documents .
12.
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.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six (6)
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 Six (6) counterparts with its corporate seal attached.
I
C-4
Done in Fort Worth, Texas, this the 10th day of July , 20 07.
CITY OF FORT WORTH
Fernando Costa, Acting
Assistant City Manager
APPROVED:
G-S< ("\ ll
t~f: DI TOR, TRANSPO~~ATION AND
, J PU IC WORKS
1/:f~b,U ~~~ ATTEST
(Contractor) ·
BY:~ --
(Representative)
(TITLE)
f,;j , 4 /f c:2!1
(Address)
DtlS ~,,<) l u , 7a-J-Ji
(City/State/Zip)
November 1960
Revised May 1986
Revised September 1992
Revised January 1993
Revised April 1999
Revised June 1999
Revised June 2001
M~&i4-CITY sECRERY
(SEAL)
Date
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a
person who contracts or seeks to contract for the sale or purchase of property, goods,
or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in
the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business
relationship that might cause a conflict of interest with the local governmental entity . By
law, the Questionnaire must be filed with the Fort Worth City Secretary no later than
seven days after the date the person .begins contract discussions or negotiations with
the City, or submits an application or response to a request for proposals or bids,
correspondence, or another writing related to a potential agreement with the City.
Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The
form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf.
If you have any questions about compliance, please consult your own legal counsel.
Compliance is the individual responsibility of each person or agent of a person who is
subject to the filing requirement. An offense under Chapter 176 is a Class C
misdemeanor.
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local
Government Code by a person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176 .006, Local Government Code .
A person commits an offense if the person violates Section 176 .006, Local
Government Code . An offense under this section is a Class C misdemeanor.
~ Name of person doing business with local governmental entity.
D Check this box if you are filing an update to a previously filed questionnaire.
FORM CIQ
OFFICE USE ONLY
Date Received
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and
not later than the 7th bus iness day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
~ Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes
recommendations to a local government officer of the local governmental entity with respect to expenditure of money .
.!J Describe each affiliation or business relationship with a person who is a local government officer and who appoints or
employs a local government officer of the local governmental entity that is the subject of this questionnaire.
Amended 01/1 312006
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
FORM CIQ
Page 2
~ Name of local government officer with whom filer has affilitation or business relationship . (Complete this section only if the
answer to A, B, or C is YES.)
This section , item 5 including subparts A , B, C & D, must be completed for each officer with whom the filer has affiliation or
business relationship . Attach additional pages to this Form CIQ as necessary.
A . Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire?
Oves DNo
8 . Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government
officer named in this section AND the taxable income is not from the local governmental entity?
Oves DNo
C . Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves
as an officer or director, or holds an ownership of 10 percent or more?
Dves DNo
D . Describe each affiliation or business relationship .
.§.J Describe any other affiliation or business relationship that might cause a conflict of interest.
Signature of person doing business with the governmental entity Date
Am ended 01 /13/2006