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Contract 39544
CITY SECRETARY CONTRACT No. EM - CO-N.-TRAC111 Between =6 _ CITY OF FORT WORTH and Bradley Garrett, dba Garrett Excavation and Demolition For Abatement, Removal, Transportation, and Disposal of Asbestos Containing Material and the Demolition of Three Structures _ that Comprised the Terminal Buildings for the Former Oak Grove Airport Environmental Management Department November 2009 qW City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/15/2009 - Ord. No. 18814-09-2009 & 18815-09-2009 DATE: Tuesday, September 15, 2009 REFERENCE NO.: **C-23777 LOG NAME: 52FORMER OAK GROVE AIRPORT TERMINAL BUILDINGS AT SPINKS SUBJECT: Authorize the Execution of a Contract with Bradley Garrett, d/b/a Garrett Excavation and Demolition, for Asbestos Removal and Demolition of the Former Oak Grove Airport Terminal Buildings Located at Spinks Airport in the Amount of $76,323.00 and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Environmental Management Operating Fund by $76,323.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount; 2. Authorize the transfer of $76,323.00 from the Environmental Management Operating Fund (R103) to the Environmental Management Project Fund (R101); 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund (R101) in the amount of $76,323.00; and 4. Authorize the City Manager to execute a contract with Bradley Garrett, d/b/a Garrett Excavation and Demolition, in the amount of $76,323.00 for asbestos removal and demolition of the former Oak Grove Airport terminal buildings located at Spinks Airport. DISCUSSION: The Invitation to Bid was advertised in the Fort Worth Star -Telegram on May 26 and May 28, 2009. The following firms submitted bids on June 25, 2009: • Alliance • A & R Demolition, Inc. • Cactus Environmental • DemoTech • E.W. Wells • Garret Excavation and Demolition • Intercon Environmental • Midwest Wrecking Company • Nationwide Demolition • RNDI • Total Abatement Services The bids were evaluated based on a pre -determined combination of qualitative and quantitative (bid point) measures. These measures included but were not limited to the evaluation of previous work experience, qualifications of personnel, contractor capabilities, cost, and subcontractors. Based on the total point distribution of the pre -determined measures, Bradley Garrett, d/b/a Garrett Excavation and Demolition, met all the requirements with a bid of $76,323.00. Garrett Excavation and Demolition is in compliance with the City's M/WBE Program by committing to 18 percent M/WBE participation on this project. The City's goal on this project is 11 percent. The Environmental Management Department will over see this asbestos removal and demolition project for the Aviation Department. Work on the asbestos removal and demolition project is expected to begin in October 2009. The project is physically located in COUNCIL DISTRICT 8 but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinances funds will be available in the current operating budget, as appropriated, of the Environmental Management Project Fund. FUND CENTERS: TO Fund/Account/Centers 1) R103 538040 0521100 2) R101 476103 052200907000 3) R101 539120 052200907000 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Orininatina Department Head: Additional Information Contact: FROM Fund/Account/Centers $76,323.00 2) R103 538040 0521100 $76,323.00 4)R101 539120 052200907000 $76,323.00 Fernando Costa (6122) Brian Boerner (6647) Michael Gange (6569) $76.323.00 $76,323.00 ATTACHMENTS 1. 52FORMER OAK GROVE AIRPORT TERM BLDGS AT SPINKS Rec 1 Revised Fund Name.doc (Public) 2. 52FORMER OAK GROVE AIRPORT TERM BLDGS AT SPINKS REC 3 Revised Fund Name.doc (Public) 3. 52FORMER OAK GROVE AIRPORT TERMINAL BUILDINGS AT SPINKS.MAP.pdf (Public) 4. DEM 0909 Spinks.pdf (CFW Internal) 5. Funds Availabilitv.pdf (CFW Internal) STATE OF TEXAS § COUNTY OF TARRANT § KNOWN ALL BY THESE PRESENTS REMOVAL OF ASBESTOS CONTAINING MATERIALS AND DEMOLITION OF STRUCTURES AT SPINKS AIRPORT, FORT WORTH, TEXAS. DEM 09-09 SPINKS This Contract is entered into by and between the City of Fort Worth, Texas, a home -rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, ("City"), acting through Fernando Costa, its duly authorized assistant city manager, and Bradley Garrett, dba Garrett Excavation and Demolition ("Contractor"). WHEREAS, the City desires to conduct a project for the abatement, removal, transportation, and disposal of asbestos containing material and the demolition of three (3) structures that comprised the terminal buildings for the former Oak Grove Airport; and WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in conducting such demolition and asbestos abatement, removal, transportation and disposal; and WHEREAS, the Contractor has represented that it is knowledgeable and experienced in conducting such a demolition and an asbestos abatement, removal, transportation and disposal project. WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; Asbestos shall mean the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite and all materials containing one percent or more of any of those substances. Asbestos -Containing Material (ACM) shall mean materials or products that contain more than one percent (1.0%) of any kind or combination of asbestos, as determined by Environmental Protection Agency (EPA) recommended methods as listed in Section 40 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX of the Code of Federal Regulations, (CFR) Part 763, Subpart F and 40 CFR 763 Subpart E, Appendix A. This means any one material component of a structure. Asbestos Removal shall mean any action that dislodges, strips, or otherwise takes away asbestos containing material (ACM). City's Representative means the Director of Environmental Management, or the Director's designee. _ Contract Documents shall mean this document, the Invitation to Bid, all attached exhibits, City -issued pre -bid amendments, and the Contractor's Response to the Invitation to Bid along with all associated documents, which shall be incorporated and made a part of this Contract. Contractor shall mean Bradley Garrett, dba Garrett Excavation and Demolition. Director shall mean the Director of the City of Fort Worth's Environmental Management _ Department. NESHAP shall mean the United States Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part 61. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Regulated Asbestos-Containinq Material (RACM) shall mean (a) friable asbestos - material, (b) Category I non -friable ACM that has become friable, (c) Category I non - friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II non -friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition or renovation operations. RFP shall mean the City's Request for Proposals for this project. Subcontract means a contract between the Contractor for this project and another person or company for any task defined in the scope of work. A purchase order is also considered a subcontract. Substantial Completion means the date when the project is sufficiently completed in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the City can occupy the project or specified area of the project for the use for which it was intended. CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION — Garrett Excavation and Demolition DEM 09-09 SPINKS Page 2 2. SCOPE OF CONTRACTOR'S SERVICES The terms of this agreement are governed by this Contract, the Contract documents, the Invitation to Bid, and any other ancillary documents submitted as part of the bid package contain all the terms and conditions agreed to by the City and Contractor. In the event of any direct conflict of specific provisions, the terms of this contract shall control. The scope of work shall include the abatement, removal, transportation, and disposal of the following asbestos containing or asbestos contaminated material ("ACM") of three buildings three (3) structures that comprised the terminal buildings for the former Oak Grove Airport in Fort Worth, Texas identified as buildings 23, 24, and 25. A. The scope of work includes demolition of the identified buildings and structures after the removal of asbestos -containing or asbestos -contaminated materials utilizing wet methods within full, negative pressure containment equipped with HEPA filtration. All removed materials are to be disposed of as asbestos - containing material. All debris generated from removal is to be disposed of as asbestos -containing waste. Quantities identified in this Bid Package are estimated by the building owner and/or his designee; the Contractor is responsible for verifying all quantities. The Contractor has had the opportunity, prior to submitting a bid, to examine the buildings and the Contractor is responsible for having verified all quantities. Contractors submitting Bids shall rely exclusively and solely upon their own estimates, investigation, research, tests, and other data, which are necessary for full and complete information upon which the Bid is to be based. It is mutually agreed that the submission of a Bid is prima -facie evidence that the Contractor has made the investigations, examinations, and tests herein to verify quantities. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in this contract will not be allowed. Any exception to this provision will only be made at the sole discretion of the City and if the Contractor can clearly show why the variation was not identifiable prior to submitting the bid. A total of 3 buildings will be abated and demolished. ACM will be removed from these structures prior to demolition. Work performed will be as follows: CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION —Garrett Excavation and Demolition DEM 09-09 SPINKS Page 3 OFFICIAI- RECORD CITY SECRETARY FT WORTH, TX Location ACM for Abatement Squairs FBet fb r Qemolition Building 23 Texture on walls - throughout (-5,200 SF) --6,500 SF (1" floor) Popcorn ceiling texture - throughout (-3,200 SF) -4,000 SF (basement 12" X 12" floor tiles (-600 SF) and tunnel) Building 24 Texture on walls- throughout (-1,500 SF) -5,000 SF Popcorn ceiling texture (-110 SF) 12"x 12" floor tiles - (-600 SF) Building 25 Texture and also joint compound on walls and -•2,250 SF ceiling - throughout (-1,000 SF) B. Contractor shall furnish all tools, labor, equipment, and permits necessary to fully complete the demolition of the structures identified in the bid documents. C. Prior to commencement of any work under this Contract, Contractor shall obtain from the City a written notice to proceed. D. Upon completion of the work, Contractor shall obtain a final inspection from the City. E. Contractor shall protect the work site as necessary with barriers, lights, safeguards or wamings. F. Contractor shall perform, in a good and professional manner, the services contained in this Contract. G. Project Coordination: (i) Contractor will be responsible for coordinating with the Environmental Management Department, within twelve (12) days after receipt of notice to proceed, the start date of demolition to allow for notification to the Texas Department of State Health Services (DSHS). The City of Fort Worth will prepare and submit the DSHS notification and pay all DSHS notification fees. CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION —Garrett Excavation and Demolition DEM 09-09 SPINKS Page 4 (ii) Upon receipt of a notice to proceed and prior to demolition, contractor must obtain a wrecking permit to demolish the subject structure from the Development Department, telephone (817) 392-2222. (iii) In obtaining the wrecking permit, the contractor will be required to abide by City of Fort Worth ordinance number 17228, also known as the "Tree Preservation Ordinance." Under the preservation ordinance, no tree 6" diameter or greater will be removed and all trees within 50 feet of a structure will be protected as per Tree Ordinance #17228. Removing trees that interferes with construction is permissible while still retaining 25% of existing canopy. It is the City's intent to leave all trees in place and only remove trees that are dead or will jeopardize the health and safety of the workers performing demolition activities. H. Site Preparation: (i) Prior to any abatement or demolition activities, the contractor will remove all universal waste items including light bulbs, mercury - containing devices, paints, pesticides, etc. These items will be properly packaged and disposed by the contractor. The contractor will provide documentation (waste manifest, bill of lading, etc.) that the waste was properly disposed. (ii) Contractor will disconnect all associated air conditioning units and properly evacuate any remaining refrigerant contained within the units prior to being disconnected. - (iii) Utilities have been terminated to the sites. Prior to demolition, the contractor will be responsible for verifying that all utilities (i.e. natural gas, telephone, water, etc.) have been disconnected. Contractor will cut and cap all site utilities at point of connection to the site. Site Work: (i) All structures will be abated of all ACM and will be demolished removing all slabs/foundations, utility infrastructure and grading of the parcel to properly manage storm water. (ii) Prior to the start of abatement and demolition of any structure, each structure shall be inspected to ensure the safety of the crew. CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-09 SPINKS E=e 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (iii) Demolition activities will include the demolition of all site structures and slabs/foundations. Streets, drives, and curbs will remain in place. All demolition debris will be removed from the site and recycled or disposed in a landfill accepting such waste. All foundations will be removed down to a minimum of 2 feet below grade. If foundations/piers extend beyond 2 feet below grade, they may be severed at that point and left in place. (iv) Contractor shall clean and remove all remaining furniture, household furnishings, building materials, tires, debris, trash, rubbish and any other solid waste from the premises. These materials shall be recycled, reclaimed, or disposed at a facility or landfill that is approved to accept such waste. (v) Demolition activities will be performed in accordance with Federal, r State and local visible emission requirements (i.e. no visible emissions will leave the demolition area). Water is available in the _ vicinity of the construction area. (vi) The work area will be maintained in a manner that will control all _ demolition debris from becoming windblown and/or migrating from the work area during and after working hours. (vii) Upon completion of the demolition work, the Contractor will obtain a final inspection on the wrecking permit from the Building Inspection Division in the Development Department. (viii) Upon completion of the entire project, contractor shall sweep dirt and debris from the haul routes used to ensure any sediment tracked from the site is collected. 3. SCOPE OF CITY SERVICES A. City shall coordinate with facilities, City departments, and any tenants for access to the site. B. City shall prepare and revise all notifications necessary to the Texas Department of State Health Services Health (TDSHS) for the work provided herein. C. City shall make payment of all applicable TDSHS fees. - CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION —Garrett Excavation and Demolition DEM 09-09 SPINKS Page 6 D. City shall give timely direction to the Contractor. E. City shall render decisions regarding modifications to the Contract and any other issue. 4. TIME TO START AND TO COMPLETE THE PROJECT Contractor shall begin work upon receipt of the Notice to Proceed issued to Contractor by City and Contractor shall complete all phases of the work within ninety (90) days of ,y receipt of the notice to proceed. 5. COMPENSATION A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor in accordance with the unit prices expressed in the table below: Asbestos And Abatement Removal Subtotal Building 23 Fifteen thousand four hundred sixty dollars. $15,460.00 Building 24 Two thousand five hundred forty seven dollars $2,547.00 Building 25 Eight hundred dollars $800.00 1 Subtotal Eighteen thousand eight hundred seven dollars $18,807.00 Demolition of Structures Subtotal i Building 23 Thirty six thousand one hundred fifty dollars $36,150.00 Building 24 Ten thousand five hundred dollars $10,500.00 Building 25 Ten thousand eight hundred sixty six dollars $10,866.00 Subtotal Fifty seven thousand five hundred sixteen dollars $57,516.00 � Contract Grand Total. Abatement and Demolition I Seventy six thousand three hundred twenty three dollars $76,323.00 1 Contractor shall complete all phases of work to achieve substantial completion within ninety (90) calendar days of receipt of the notice to proceed. B. The cost for the performance of such work shall be in accordance with Section 2.4 of the Contractor's Response. The City shall not be liable for any of CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION —Garrett Excavation and Demolition DEM 09-09 SPINKS Page 7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TIC I Contractor's costs in excess of the Not -to -Exceed Amount unless the City has signed and issued a formal Modification to the Contract. C. Contractor understands and agrees that claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed unless the Contractor can clearly show to City, as determined in the sole discretion of City, why the variation was not identifiable prior to executing this Contract. _ D. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices, except as provided in Section 7 "Indemnification," subsection H. E. Contractor acknowledges that payment will not be rendered by City unless Contractor completes the removal of asbestos as described within the Scope of Work and the work is accepted by the Director. F. Periodically during the performance of this Contract, the Contractor's Project Manager shall inform the City's representatives of his/her best estimate of the expenses incurred to that time. In the event that the estimate approximates the Not -to -exceed amount, Contractor shall prepare to cease its operations unless and until the Contract is amended and an authorized representative of the City directs Contractor to perform additional work. G. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor was caused by City's failure to provide information, if any, which it is required to do. When extra compensation is claimed, a written statement thereof shall be presented to the City. H. In the event that actual expenditures may result in a total cost in excess of the Not -to -Exceed Amount, Contractor must submit a request for a Modification to the Contract in accordance with Section 24. - 6. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. If the contractor relies upon a subcontractor to supply a policy of insurance naming the contractor and/or the city as additional insured, then the contractor shall nevertheless CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION— Garrett Excavation and Demolition DEM 09-09 SPINKS Page 8 N be responsible in the event of any failure of the subcontractors insurance to provide coverage to the contractor or the city for any reason. A. Commercial General Liability Insurance - $1,000,000 each occurrence; $2,000,000 aggregate. Coverage shall include but not be limited to the following: premises/operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. B. Automobile Liability Insurance — Coverage on vehicles involved in the work performed under this Contract: a) $1,000,000 per accident on a combined single limit basis or: $500,000 Bodily injury/person $500,000 Bodily injury/accident $250,000 Property damage b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person, $40,000 Bodily Injury each accident; $15,000 Property Damage each accident. The named insured and employees of Provider shall be covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. C. Worker's Compensation — Statutory limits for Worker's Compensation plus Employer's liability at a minimum: $100,000 each accident; $500,000 disease - policy limit; and $100,000 disease - each employee. D. Environmental Impairment Liability (EIL) and/or Pollution Liability - $2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in items A and B above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION - Garrett Excavation and Demolition DEM 09-09 SPINKS Page-1 OFFICIAL RECORD CITY SECRETARY FT WORTH, TX E. Asbestos Abatement Insurance - $2,000,000 each occurrence with no Sunset Clause. F. The following shall pertain to all applicable policies of insurance (A. through E.) listed above: (i) Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth." The additional insured requirement does not apply to Workers' Compensation policies. (ii) Subcontractors shall be covered under the Provider's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Provider prior to the commencement of work and the Provider shall deliver such to the City. (iii) Prior to commencing work under this Contract, the Provider shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. - (iv) Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled, limited in - scope or coverage, or non -renewed until after forty-five (45) Days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Provider or insurance company. (v) The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. ` (vi) The deductible or self -insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-09 SPINKS Page 10 stockholders equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved by the City's Risk Manager. (vii) Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. (viii) Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Provider. (ix) If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. (x) Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. (xi) The City, at its sole discretion, reserves the right to review the - insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party. The contracting party will have ninety days from the date of notice to comply with the additional requirements. CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-09 SPINKS Page 11 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 7. INDEMNIFICATION A. For purposes of this Contract, the following words and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of asbestos containing materials pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and - including without limitation: (i) Damages for personal injury and death, or injury to property or - natural resources; (ii) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the - preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and (iii) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with this Agreement. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION — Garrett Excavation and Demolition DEM 09-09 SPINKS Page 12 items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (i) All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (ii) All requirements pertaining to the protection of the health and safety of employees or the public. B. GENERAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF ASBESTOS CONTAINING MATERIALS PURSUANT TO THIS CONTRACT WHICH IS REMOVED UNDER THIS CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION- Garrett Excavation and Demolition DEM 09-09 SPINKS Page 13 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the Contractor under this section shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. E. Upon learning of a claim, lawsuit, or other liability that Contractor is required hereunder to indemnify City, City shall provide Contractor with reasonably timely notice of same. F. The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. G. In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this section. H. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled at the expiration of the said thirty - day (30) period, out of the performance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six (6) months following the i CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION — Garrett Excavation and Demolition DEM 09-09 SPINKS Page 14 date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: (i) The claim has been settled and a release has been obtained from the claimant involved; or (ii) Good faith efforts have been made to settle such outstanding claims, 40 and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six (6) month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six (6) month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six (6) month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. The Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising. 8. COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable laws and regulations, including but not limited to the following: • Chapter 2258 of the Texas Government Code, with respect to the payment of prevailing wage rates per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth and for the Davis -Bacon Act, whichever is higher for building and construction trades; • Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices; • Fort Worth Ordinance 15530, Minority and Women Business Enterprises; and • The most recent revisions of applicable federal, state, and local laws, and the regulations established by the U.S. Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION — Garrett Excavation and Demolition DEM 09-09 SPINKS Page 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX and Safety Administration (OSHA), the Texas Commission on Environmental Quality (TCEQ), the U.S. Department of Transportation (DOT), the Texas Department of Transportation (TXDOT), the City of Fort Worth as well as any other entity that may have jurisdiction over work being performed. • All other applicable federal, state and local laws. The contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts and the Davis —Bacon Act, whichever is higher for building and construction trades, and shall comply with the prevailing wage _. requirements as specified in the RFP for the project. A worker employed on a public work by or on behalf of the City of Fort Worth shall be w paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is w employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this - requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. 9. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards that are present to persons, property and the environment by removing, transporting, and disposing of asbestos containing materials and demolishing structures, and all other work associated with the performance of this contract. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state, local and federal laws governing its activities. Contractor also warrants that it is under no restraint or order that would prohibit performance of services under this Contract. CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION — Garrett Excavation and Demolition DEM 09-09 SPINKS Page 16 10. LICENSES AND PERMITS A. Contractor certifies that on the day work is to commence under this Contract, and during the duration of the Contract, it shall have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this Contract. B. Contractor agrees to require all of its subcontractors used in performance of this Contract to have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this Contract. 11. TERMINATION A. City may terminate this Contract, with or without cause, by giving ten (10) days written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. B. If the City terminates this Contract under subsection A. of this section, City shall pay Contractor for all services performed prior to the termination notice. C. All completed or partially completed original documents prepared under this Contract shall become the property of the City when the Contract is terminated, and may be used by the City in any manner it desires; provided, however, that the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested. 12. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this Contract, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION - Garrett Excavation and Demolition DEM 09-09 SPINKS Page 17 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. Alternatively, if at any time during the term of this Contract the work of Contractor fails to meet the specifications of the Contract Documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this Contract to the satisfaction of City within ten (10) days after written notification shall result in termination of this Contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this Contract shall be paid by Contractor. D. In the event either party defaults in the performance of any of its obligations under this Contract, misrepresents to the other a material fact, or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non -defaulting party shall have a right to terminate this Contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a fifteen (15) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid fifteen (15) day period, or if the default cannot be cured, the Contract shall terminate as of the date provided in the notice of default. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Contract. 13. RIGHT TO AUDIT A. City shall, until the expiration of five (5) years after final payment is paid under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions related to this Contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph. City shall give Contractor reasonable advance notice of intended audits. B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the subcontractor shall give City, until the expiration of five (5) years after final payment is paid under the subcontract, access to and the right to examine CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION — Garrett Excavation and Demolition DEM 09-09 SPINKS Page 18 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 appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. C. The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. 14. INDEPENDENT CONTRACTOR Contractor shall perform work under this Contract as an independent contractor and not as an agent or employee of City. City shall not be considered the employer, co - employer or joint employer of the officers, employees or agents of Contractor. Contractor shall have the sole control, supervision, direction and responsibility over its officers, employees and agents and shall have the sole responsibility for determining the manner and means of providing the work described in this Contract, except as outlined in this Contract or as otherwise required by federal, state, county or city law, regulation or rule. 15. NON-DISCRIMINATION A. During the performance of this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract, that Contractor is an equal opportunity employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION - Garrett Excavation and Demolition DEM 09-09 SPINKS Page 19 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 16. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 17. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $ 1,000.00 per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold _ from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated _ pecuniary damages for such delay, and is not a penalty. 18. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 19. ASSIGNMENT AND SUBCONTRACTORS The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. Notwithstanding the above, Contractor has identified its subcontractors in its bid package, and such identified subcontracts shall not be deemed to violate the prohibition CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-09 SPINKS Page 20 of assignment. Contractor shall .. City. If, however, Contractor chooses to substitute another subcontractor, notify the City and such substitution shall require the approval of the The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both DBE and non -DBE subcontractors. 20. NOTICE Notices required to be made under this Contract shall at the following addresses; provided, however, that change its designated person for notice, upon written change: If to City: Written notice shall be sent to: be sent to the following persons each party reserves the right to notice to the other party of such Brian Boerner, Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 If to Contractor: Name: Bradley Garrett Address: Garrett Excavation and Demolition 312 Faith Ct. Burleson, TX 76028 Telephone: (817) 426-0082 FAX: (817) 426-2307 CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION - Garrett Excavation and Demolition DEM 09-09 SPINKS OFFICIAL. RECORD CITY SECRETARY FT. WORTH, TX 21 21. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Contract, venue for said action shall be in Tarrant County, Texas. 22. SEVERABILITY The provisions of this Contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Contract, and this Contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Contract. 23. ENTIRETY This Contract, the Contract documents, the Invitation to Bid, and any other ancillary documents submitted as part of the bid package contain all the terms and conditions agreed to by the City and Contractor. No other Contracts, oral or otherwise, regarding the subject matter of this Contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any actual conflict of the terms or obligations of the parties between this contract and other contract documents, the terms of this contract shall take precedence. 24. - MODIFICATION No modification of the Contract shall be binding on Contractor or City unless set out in - writing and signed by both parties. 25. AUTHORIZATION The undersigned individual(s), officers, and/or agents of the parties hereto are properly - authorized and have the necessary authority to execute this Agreement on behalf of the parties or entities hereto, and each party hereby certifies to the other that it possesses the authority to enter into this legally binding agreement. CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION — Garrett Excavation and Demolition DEM 09-09 SPINKS Page 22 SIGNATURE PAGE FOR DEM 09-09: SPINKS: REMOVAL OF ASBESTOS -CONTAINING MATERIALS AND DEMOLITION OF STRUCTURES AT SPINKS AIRPORT, FORT WORTH, TEXAS This Contract has been executed by tie parties in triplicate in Tarrant County, Texas on this date,-�+r� 'SCE , 2009. City of Fort Worth FernandL?tosta,W)siKity Manager APPROVED AS TO FORM a,/T'JI. Arthur N. Bashor, Asst. City Attorney ATTEST: L AAA Marty Hen0,ityy Secretdry as Contract Authoriaatioa Date Bradley Garrett, dba Garrett Excavation and Demolition ZWE SS: Na e (� Title: o� rf�mn CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION —Garrett Excavation and Demolition DEM 09-09 SPINKS Page 23 i OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 Department of Environmental Management Project DEM 09-09: Spinks. CONTRACTOR Bradlev Garrett, dba Garrett Excavation and Demolition By� Title D tv STATE OF TEXAS COUNTY OF TARRANT Ikreme, ithe undersigned authority, on this day personally appeared �� , known to me to be the person whose name is subscribed to the fore e t and acknowl ged hat h x cuted the same as the act and deed���_p I 1for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office s A. COLLMAR My Commission Expires March 20, 2013 .a iry Public e of Texas M Bond No. BIC00172 CJ PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, Bradley Garrett, dba Garrett Excavation and Demolition., hereinafter called Principal and Western Insurance Company , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of: Seventy-six thousand three hundred and twenty-three dollars ($76,323.00) dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of 2009, a copy of which is hereto attached and made a part hereof, for the provision of: abatement, removal, transportation, and disposal of asbestos containing material and the demolition of three (3) structures that comprised the terminal buildings for the former Oak Grove Airport designated as Project Number DEM 09-09: Spinks a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specification, and contract document during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant "' County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. no ur .,^ wo MW "r IN WITNESS WHEREOF, this instrument is executed in 3 Counterparts each one of which shall be deemed an original, this the day of , 2009_ ATTEST: (Principal) Secretary (SEAL) P.O. Box 21030, 675 West Moana Lane - Suite 200 (Address) Bradlev Garrett, dba Garrett Excavation and Demolition Principal (4) By: VRAA or r'k vie l,- (Prihted Name/Title) 312 Faith Court ADDRESS Burleson, TX 76028 CITY/STATE/ZIP Western Insurance Company (Surety) Reno NV 89515 ATTEST: (Surety) Secretary By: (Attorney -in -Fact) (5) Brent Baldwin (Printed Attorney -in -Fact) Ye sis to e Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation, a Partnership or and Individual, as case may be (3) Correct Name ofSurcty (4) If Contractor is partnership all Partners should execute bond (S) A true copy of Power of Attorney shall be attached to bond by Attorney -in -Fact No ii IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 ., You may write the Texas Department of Insurance: P.O. Box 149104 Austin, Texas 78714-9104 FAX No. (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance, ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. WESTERN INSURANCE COMPANY 32 7 6 5 h \ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint William D. Baldwin, Brent Baldwin, Michael B. Hill, Brock Baldwin, Brady K. Cox, Jennifer J. Clark Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19'h day of June, 2006. WESTERN INSURANCE COMPANY RA / ��� •.oR, (Signed) By ..r SEAL President 0 a�r,TEto�Ey'a» (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19'h day of June, 2006, before me personally came DICK L. ROTTMAN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of�y, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the sERSURAN" ROTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said �COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they eaA4 a seal of rd�C ration; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affix d by o er of the Bg�irectors of id corporation, and that they signed their names thereto by like order as PRESIDENT RETARY r c e y, of the �gl�jTy. My Commission expires the 31 st d I h, 201 . ^ ��'�?�11��'' 1 ............. �j.............., 1 PATRICIA A. LETSCN ed) _ Notary Public . Stale or Neyod A,,,, n„,„,,,q„�,�, N, M 10M33 E,p,,, riaA. Letson Notary Public -? - 10 .....• 4J This Power of Attorney is granted �yydoly authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAI4o'li June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, 1 have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this day of . P OF, 04,f o Secretary < SEAL r R 4 s 1994 a f�rF Of NEB' CJ INVITATION TO BID FORT WORTH CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 PROJECT: DEM 09-09: SPINKS REMOVAL OF ASBESTOS -CONTAINING MATERIALS AND DEMOLITION OF STRUCTURES AT SPINKS AIRPORT FORT WORTH, TEXAS May 12, 2009 Garrett Excavation & Demolition Company Name 312 Faith Ct. Address Burleson, TX 76028 City, State, Zip 6/25/2009 Date 2.1.13id Document Checklist All Bid Documents, including this checklist, must be completed in full and submitted in a sealed envelope, in the requested order, to be considered a responsive submittal. Bid Documents Initial if Included 1. Bid Document Checklist 2. Acknowledgement of Receipt of Addenda 3. Scope of Work 4. Cost 5. Contractor Information and Qualifications 6. Contractor Submittals 7. Subcontractor Information and Qualifications I 8. Bonds 9. Disadvantaged Business Enterprise Utilization Requirements 10. Statement of Residency] 11. Nondiscrimination 12. Prevailing Wage Rates 13. Insurance Certificates 14. Contractor's Responsibilities 15. Contractor's Legal and Compliance History 1 understand that all of these items will be reviewed, and any items not included may result in my bid being considered non -responsive. Signature N 1 w Name Bra ley J Garrett Title owner Company Garrett Excavation & Demolition Date 6/25/2009 2-2 2.2.Acknowledgement of Receipt of Addenda 2.2.1. Check if applicable x The undersigned acknowledges the receipt of the following addenda to the Invitation to Bid, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 6/e/2009 (Date received) Addendum Number 2 Addendum Number 3 (Date received) (Date received) 2.2.2. Check if applicable The undersigned acknowledges the receipt of no addenda to the Invitation to Bid. CONTRACTOR: Signature ;I - ' " - Bradley J Garrett Name Owner Title Garrett Excavation & Demolition Company 6/25/2009 Date 2-3 FORTWORTH *Ir ENVIRONMENTAL MANAGEMENT ADDENDUM TO: Interested Parties FROM: Roger Grantham, Environmental Supervisor Department of Environmental Management DATE: June 8, 2009 RE: Addendum #1 DEM 09-09: SPINKS As of Monday, June 8, 2009, the following apply; 1. The basement located beneath Buildings 23 and 25 is approximately 5,500 SF in size. The entrance to the basement is located in Building 23. The tunnel that extends north from in between Buildings 23 and 25 will be abated and demolished up and to the north fenceline, approximately 31 LF from the north edge of Building 23. 2. The tunnel shall be completely removed up to the existing fencline and the remaining portion of the tunnel that extends north of the present-day City -owned property shall be sealed with a reinforced concrete and steel wall. 3. The tunnel is approximately 217 SF. 4. Collected rainwater in the basement area will need to be pumped from the basement prior to beginning any work. A sump area is located in one corner and can be used to place the pumping intake. All water removed from the basement may be discharged to the surface in an area located west of the structures. 5. An identified transformer will need to be removed and properly disposed of according to current state and federal regulations. This transformer is located adjacent to the northwest corner of Building 25. Power that is currently connected to the transformer will be disconnected prior to beginning work. 6. The amount of identified asbestos -containing materials located within basement and tunnel areas is as follows: • Basement wall texture — 5,100 SF • Basement and tunnel ceiling texture — 3,400 SF 7. For further information regarding the technical aspects involved with this project, please address questions to Mr. Stewart Brown at Rewart.Brown(Ofortworthoov.or4 or at (817) 392-6309. 8. Please see the attached drawing representing the existing basement: Building 23 Basement - Identified ACM4--Tunnel (7.5 feet wide by 31 feet long) - I VV + + + +' Bare concrete walls and ceiling _ + .+ + .+ . + + + + + + + + + + + + + — . — Medium texture on concrete +1 + I-� + + ' ' -- -- -- Medium wall texture and joint +- I + + + compound on sheetrock +I I �+ + Popcorn ceiling texture • N � + -7 -7 7- +I „_ 1 —15 I + + + I+ I + + + + � +I 2.3. Scope of Work Bids are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary to perform the removal of all asbestos -containing materials (ACM) and the demolition of three structures identified below located at Spinks Airport. 2.3.1. Site Information •• A total of 3 commercial structures will be demolished. These structures once comprised the terminal buildings for the former Oak Grove Airport. ACM will be removed from these structures prior to demolition. *Quantities identified in this Bid Package are estimated by the building owner andlor his designee; the Contractor is responsible for verifying all quantities. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to job commencement Location ACM for Abatement Square Feet for Demolition Building 23 Texture on walls — throughout (-5,200 SF) -6,500 SF (1" floor) Popcorn Ceiling texture — throughout (--3,200 SF) -4,000 SF (Basement and 12"x 12" floor tile -(-600 SF) tunnel) Building 24 Texture on walls — throughout (-1,500 SF) -5,000 SF Popcorn Ceiling texture — throughout (-110 SF) 12"x 12" floor tile—(--600 SF) Building 25 Texture/Joint compound walls & ceiling - throughout -2,250 SF (-1,000 SF) 2-4 me2.3.2. Project Coordination Contractor will be responsible for coordinating with the Environmental Management Department, within twelve (12) days after receipt of notice to proceed, the start date of demolition to allow for notification to the Texas Department of State Health Services (DSHS). The City of Fort Worth will prepare and submit the DSHS notification and pay all DSHS notification fees. Upon receipt of a notice to proceed and prior to demolition, contractor must obtain a wrecking permit to demolish the subject structure from the Development Department, telephone (817) 392-2222. In obtaining the wrecking permit, the contractor will be required to abide by City of Fort Worth ordinance number 17228, also known as the "Tree Preservation Ordinance." Under the preservation ordinance, no tree 6" diameter or greater will be removed and all trees within 50 feet of a structure will be protected as per Tree Ordinance #17228. Removing trees that interferes with construction is • • permissible while still retaining 25% of existing canopy. A copy of the ordinance has been included as Appendix B. It is the City's intent to leave all trees in place and only remove trees that are dead or will jeopardize the health and safety of the workers performing demolition activities. 2.3.3. Site Preparation Prior to any abatement or demolition activities, the contractor will remove all universal waste items including light bulbs, mercury -containing devices, paints, pesticides, etc. These items will be properly packaged and disposed by the contractor. The contractor will provide documentation (waste manifest, bill of lading, etc.) that the waste was properly disposed. Contractor will disconnect all associated air conditioning units and properly evacuate any remaining refrigerant contained within the units prior to being disconnected. Utilities have been terminated to the sites. Prior to demolition, the contractor will be responsible for verifying that all utilities (i.e. natural gas, telephone, water, etc.) have been disconnected. Contractor will cut and cap all site utilities at point of connection to the site. 2.3.4. Site Work All structures will be abated of all ACM and will be demolished removing all slabs/foundations, utility infrastructure and grading of the parcel to properly manage storm water. Prior to the start of abatement and demolition of any structure, each structure shall be inspected to ensure the safety of the crew. 2-5 M Demolition activities will include the demolition of all site structures, and slabs/foundations. Streets, drives, and curbs will remain in place. All demolition debris will be removed from the site and recycled or disposed in a landfill accepting such waste. All foundations will be removed down to a minimum of 2 feet below grade. If foundationsipiers extend beyond 2 feet below grade, they may be severed at that point and left in place. Contractor shall clean and remove all remaining furniture, household furnishings, building materials, tires, debris, trash, rubbish and any other solid waste from the premises. These materials shall be recycled, reclaimed or disposed at a facility or landfill that is approved to accept such waste. Demolition activities will be performed in accordance with Federal, State and local visible emission requirements (i.e. no visible emissions will leave the demolition area). Water is available in the vicinity of the construction area. The work area will be maintained in a manner that will control all demolition debris from becoming windblown and/or migrating from the work area during and after working hours. Upon completion of the demolition work, the Contractor will obtain a final inspection on the wrecking permit from the Building Inspection Division in the Development Department. (call 2222 to verify) Upon completion of the entire project, contractor shall sweep dirt and debris from the haul routes used to ensure any sediment tracked from the site is collected. 2-6 2.4. Cost The undersigned hereby proposes to furnish the equipment, labor materials, superintendence, and any other items or services necessary to complete the scope of services detailed in this Solicitation. Bids shall be firm priced offers unless otherwise specified. In the event of a discrepancy between unit price and extended price, the unit price shall govern. ASBESTOS ABATEMENT AND REMOVAL SUBTOTAL Fifteen Thousand Four Hundred Sixty Dollars $ 15,460.00 Building 23 Two Thousand Five Hundred Forty Seven Dollars $ 2,547.00 Building 24 Eight Hundred Dollars $ 800.00 Building 25 Subtotal $ 18, 807.00 *Quantities identified in this Bid Package are estimated by the building owner and/or his designee; the Contractor is responsible for verifying all quantities. Contractors submitting Bids shall rely exclusively and solely upon their own estimates, investigation, research, tests, and other data, which are necessary for full and complete information upon which the Bid is to be based. It is mutually agreed that the submission of a Bid is prima -facie evidence that the Contractor has made the investigations, examinations, and tests herein required. • DEMOLITION OF STRUCTURES SUBTOTAL Building 23 Thirty six thousand o hundred fifty dollars 36,150.00 Building 24 Ten thousand five hundred dollars $ 10, 500.00 Building 25 Ten thousand eight hundred sixty six dollars $ 10,866.00 Subtotal I $ 57,516.00 2-7 w i "Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to job commencement. ABATEMENT & DEMOLITION GRAND TOTAL $ 76,323.00 Contractor shall complete all phases of work to achieve substantial completion within 120 calendar days of receipt of notice to proceed per project. CONTRACTOR: �l Garrett Excavation & Demolition Signatur Company Bradley J Garrett 6/25/2009 Name Date Owner Title 2-8 2.5. Contractor Information and Qualifications Bidder shall submit the following items proving they are duly qualified and capable to fulfill and abide by the requirements listed herein. The documents listed below shall be included in this bid submittal, in the same order as listed, following this page, bound within the response. 2.5.1. Bidder shall provide company information including its company name, address, telephone number(s), email address and FAX number(s) for the local office as well as the headquarters. 2.5.2. Bidder shall attach an up-to-date and concise copy of its current Statement of Qualifications. Licenses and Certifications: Provide copies of necessary company licenses and certifications required to complete project. • Bidder shall provide applicable asbestos -related licenses. 2.5.3. Bidder shall provide necessary company licenses and certifications required to complete the project: • current Texas Sales/Use Tax Certificate • current Certificate of Good Standing (Texas Secretary of States' office) 2.5.4. Bidder shall provide at least four project references similar in scope and size to that y of this Solicitation. Each project references shall include the following information: • Company's Name ■ Name and Title of Contact/Project ■ Email, Phone, and Address of Contact • Contract/Project Value ■ Brief Description of Service Provided 2.5.5. Bidder shall complete a staff matrix including the following information detailing the providers personnel, their qualifications, and years of experience for staff that will be providing services associated with this Solicitation. ■ Position title and job function as associated with this contract, (President, Vice President, Prcoct Managers, Technical Managers, Field Supervisors, etc.) ■ Name ■ Tasks to be performed in association with this contract ■ Certifications/Licenses • Total Years Experience ■ Length of employment with your company 2-9 Excavation & Demolition CONTACT INFORMATION .. Primary Contact: Secondary Contact: Bradley Garrett April Collmar .. Owner / Operator Office Manager Garrett Excavation & Demolition Garrett Excavation & Demolition 312 Faith Ct. 312 Faith Ct. ' - Burleson, TX 76028 Burleson, TX 76028 Cell: (817) 999-5246 Cell: (817) 269-7212 Office: (817) 426-0082 Phone: (817) 426-0082 -� Fax: (817) 426-2307 Fax: (817) 426-2307 Email: Parrett demolitionna.sbc¢lobal.net Email: izarrett demo Iitiongsbcglobal.net w M 1W WIN #AIA TYDocument A305 -1986 Contractor's Qualification Statement Tins form is approved and recommended by the American Institute of Architects (AIA) and The Associated General Contractors of America (ACC) for use in evaluating the qualifications of contractors. No endorsement of the submitting party or verification of (lie information is made by AIA or AGC. The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED TO: ADDRESS: SUBMITTED BY: Bradley J Garrett NAME: Garrett Excavation & Demolition ADDRESS: 312 Faith Ct., Burleson, TX 76028 Office: 817-426-0082 Fax: 817-426-2307 PRINCIPAL OFFICE: Same As Above NAME OF PROJECT (if applicable): Master TYPE OF WORK (file separate form for each Classification of Work): ❑ General Construction ❑ HVAC ❑ Plumbing ❑ Electrical ® Other (please specify) Demolition / Excavation § 1.ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? 10 Corporation Palinership Individual Joint Venture Other § 1.2 How many years has your organization been in business under its present business name? 3 § 1.2.1 Under what other or former names has your organization operated? Brad Garrett § 1.3 If your organization is a corporation, answer the following: N/A § 1.3.1 Date of incorporation: § 1.3.2 State of incorporation: § 1.3.3 President's name: § 1.3.4 Vice-president's name(s) A!A Document A905- -19". Copyright O 1964. 1989,1979 and 19" by The American katitute of AroNtsols- AM rl" reserved. WARMNa: Thl; AIO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result in severe civil and orlminat pennies, and will be prosecuted to the maximum extent possible under the law. TNs document was produced by AIA software at 14.57:12 on 05/07/2004 under Order No.1000097366_1 which expires on WS/2005, and is not for resale. User Notes: (3241607968) T § 1.3.5 Secretary's name: § 1.3.6 Treasurer's name: § 1.4 If your organization is a partnership, answer the following: N/A § 1.4.1 Date of organization: § 1.4.2 Type of partnership (if applicable): § 1.4.3 Name(s) of general partner(s) § 1.5 If your organization is individually owned, answer the following: § 1.5.1 Date of organization: 6 / 0 6 § 1.5.2 Name of owner: Bradley J Garrett § 1.6 If the form of your organization is other than those listed above, describe it and name the principals: N/A § 2. LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. State Of Texas Demolition, site clearing, pad prep, grading, excavation § 2.2 list jurisdictions in which your organization's partnership or Dade name is filed. Johnson County § 3. EXPERIENCE § 3.1 List the categories of work that your organization normally performs with its own forces. Demolition & Excavation § 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) § 3.2.1 Has your organization ever failed to complete any work awarded to it? NO § 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? NO § 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) No AIA Document MOM —1985. Copyright O 1964.1969. 1979 and 1956 by The American Institute of Archilecls. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or 2 any portion of It, may result In severe civil and critninel penalties, and will be prosecuted to the maximum extent possible under the law. Tnls document was produced by AIA software at 14:57:12 on 05Y07/M under Order No. t000097366_1 which expires on 2/8I2005, and Is not for resale. User Notes: (3241607968) a § 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. See attachment § 3.4.1 Stare total worth of work in progress and under contract: $651,921.09 § 3.5 On a separate sheet, list (fie major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces. See attachment § 3.5.1 State average annual amount of construction work performed during the past five years: § 3.6 On a separate sheet, list the construction experience and present corrunitments of the key individuals of your organization. § 4. REFERENCES § 4.1 Trade References: See attachment § 4.2 Dank References: See attachment § 4.3 Surety: § 4.3.1 Name of bonding company: CNA Surety § 4.3.2 Name and address of agent: Harmon Insurance Agency 250 NW Tarrant Ave., Suite A Burleson, TX 76028 § 5. FINANCING § 5.1 Financial Statement. § 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Available upon written request Net Fixed Assets: Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); AIA Document A305TM —1900. Copyright O 1904, 1909, 1979 and 1980 by The American institute of ArchilM3. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or 3 any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the low. This document was produced by AIA software at 14:57:12 on 05/072004 under Order No.10000973e8_t whidi expires on 2/92005, and is not for resale. User Notes: (3241007966) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). ttttttt****ttttt*t*** § 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: Garrett Excavation & Demolition § 5.1.3 Is the attached financial statement for the identical organization named on page one? Yes § 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). N/A § 5.2 Will the organization whose financial statement is attached act as guarantor of (lie contract for construction? Yes § 6. SIGNATURE § 6.1 Dated at this 15th day of May, 2009 Name of Organization: Garrett Excavation & Demolition By: Bradley J .Garrett Title: Owner § 6.2 �M� beui dui sworn do poses and says that the information provided herein is true and sufficiently g y complete so as not to be misleading. Subscri and sworn before me this I day of 20 Notary Publi My Commission I:xpit--s: 1(9 A. COLLMAR My CommissionEVkes March 20, 2013 AIA Document A305"' —1986. Copyright O 1881, 1909, 1979 and 1086 by The American Institute of Architects. All rights reserved. WARNING: This AIAs Document is protected by U.B. Copyright Law and international Trestles. Unauthorized reproduction or distribution of this AIA` Document, or any portion of It, may result In severs civil and criminal penalties, and will be prosecuted to the maximum extent possible under the few. This document was produced by ALA software at 14:57:12 on 05/07/2004 under Order No.1 ODDD97386_t which expires on 21 QW5, and Is nol for resale. User Notes: (3241607968) 'ftTA MAARRE t WORK IN PROGRESS SCHEDULE Contract Description Total Contract Price Total Billed To Total Costs To Date Est Costs To Complete Estimated Gross Estimated i Date Remaining Profit Completion Date City of Denton - Annual Demolition: $200,000.00 $46,920.18 1 $20,052.00 $59,948.00 $120,000.00 Feb-10 Contrail Jed Morash / Sonterra Apartments . $175,000.00 $0.00 $0.00 $90,000.00 $85,000.00 Aug-09 Demolition I I I Basden Steel / Office Addition I $24,000.00 $18,945.00 $7,000.00 $1,000.00 $16,000.00 May-09 Excavating & site work I Charter Builders & BISD / Academy $96,770.49 $91,931.97 $53,500.00 $900.00 $42,370.49 Jun-09 at Nola Dunn I City of Arlington Shady Valley $156,150.60 $59,544.00 $46,000.00 $18,000.00 $92,150.60 Jun-09 Abatement & Demo I Totals $651,921.09 $217,241.15 $126,552.00 $169,848.00 I $355,521.09 Garrett Excavation & Demolition 312 Faith Ct Burleson, TX 76028 817-426-0082 office 817-426-2307 fax 817-999-5246 cell garrett—demolition@sbcglobal.net BUSINESS & TRADE REFERENCES: B&G Commercial Investments, LP PO Box 337 Burleson, TX 76097 Rocky Bransom Owner 817-295-2872 Arnold Crushed Stone Circle 1104 Blm Cleburne, TX 76031 Mike Arnold Owner 817-228-8977 Basden Steel Bruce Basden 817-295-4375 Owner The City of Cleburne Theresa Richardson 817-645-0958 Purchasing Agent Texas Department of Transportation John Martin 817-370-6662 Purchasing Agent Mansfield ISD 203 Hilcrest Mansfield, TX 76063 Jeff Brogden Contract Manager 817-299-4340 The City of Wichita Falls Peggy Gahagan PO Box 1431 Wichita Falls, TX 76307 940-761-7466 Fort Worth C&D Landfill PO Box 650470 Dallas, TX 75265 817-516-7777 Cain Fence Company 973 Metromedia Place Dallas, TX 75247 972-870-0200 Fincher & Rambo Materials PO Box 602 Burleson, TX 76097 817-483-2800 BANKING REFERENCES James R. Luttrell Banking Center President - Hulen Southwest Bank 3340 Camp Bowie Blvd. Fort Worth TX 76107 Phone: (817) 292-8337 ext. 2840 Fax: (817) 763-9908 Garrett Excavation & Demolition 312 Faith Ct Burleson, TX 76028 817-426-0082 office 817-426-2307 fax 817-999-5246 cell garrett—demolition@sbcglobal.net PROJECTS COMPLETED: B&G Commercial Investments, LP PO Box 337 Burleson, TX 76097 Rocky Bransom Owner 817-295-2872 Renfro Phase I -II Project start date: 4/2006 Project end date: 2/2008 Demolition and removal of gas station, removal of fuel tanks, hoses, underground fuel lines, concrete foundation, parking lot, pump station canopy & trees. Excavate hole for adding fuel / fume solvent additive, backfill, level and grade. Provide final soil test report. Demolition and removal of house, car lot, parking lots, warehouse, and road. Site prep and grading. Value: $67,780.00 Arnold Crushed Stone Circle 1104 Blm Cleburne, TX 76031 Mike Arnold Owner 817-228-8977 CR 1020 House & Sheds demo. Project start date: 12/2007 Project end date: 12/2007 Demolition and removal of house and sheds. Remove concrete beams, footings, porches and walkways. Excavate & remove underground plumbing pipes. Remove ._ stone wall, relocate and stockpile stone. Final clean and dress up site. Value: $7,000.00 em Basden Steel Bruce Basden 817-295-4375 Owner Excavation project @ Basden Steel Project start date: 11/2008 Project end date: 4/2009 Value: $29,015.00 The City of Cleburne Theresa Richardson 817-645-0958 Purchasing Agent Project start date: 4/2008 Project end date: 6/2008 Demolition and removal of 27 houses, concrete foundations, footings, walks and drives, brush and other debris. Value: $77,490.00 Texas Department of Transportation Judith Smith or John Martin 817-370-6662 Purchasing Agent Project start date: 1/2008 Project end date: 12/2008 617 Plainview, Hurst, TX 76054 Demolition and removal of houses, concrete foundation, driveway, and shrubbery. Asbestos Abatement of 2 houses, removal and disposal of miscellaneous signs and monuments. Value: $48,605.00 St. Matthews Church Maggie Kramer 817-382-3812 Purchasing Agent Project start date: 12/2006 Project end date: 1/2007 Demolition and removal of nursing home facility. Value: $131,000.00 Mansfield ISD 203 Hilcrest Mansfield, TX 76063 Jeff Brogden Contract Manager 817-299-4340 Project Start Date: 11/2008 Project End Date: 12/2008 Demolition and disposal of 2 residential structures, foundations and out houses. Removal and disposal of all trash and rubbish. Excavate underground pool and backfill. Final site clean and grade. Value: $24,370.00 The City of Wichita Falls Peggy Gahagan PO Box 1431 Wichita Falls, TX 76307 940-761-7466 Project Start Date: 10/2008 Project End Date: 11/2008 Demolition and disposal of dilapidated residential and commercial structures. Final site clean. Value: $15,711.00 r Realty Capital Corporation Jimmy Archie Telephone: (817) 488-4200 Demolition and disposal of structures located at 5224, 5228 & 5232 Colleyville Blvd. Removal and disposal of trees. Grading and dirt work. Project start date: 9/2008 Project end date: 12/2008 y Value: $61,900.00 Holy Cross Christian Academy 1233 Tarver Rd. Burleson, TX 76028 Telephone: (817) 295-7232 General excavating & pad prep for soccer field and basketball court. Project start date: 7/2008 Project end date: 8/2008 Value: $12,750.00 Charter Builders, LTD. / BISD 1336 SW Hillside Dr Burleson, TX 76028 Ben Whitman (817) 447-6050 Demolition of The Academy at Nola Dunn Project start date: 3/2009 Project end date: 5/2009 Value: $96,770.00 Total Abatement Systems, Corp 6142 State Hwy. 276 Royse City, TX 75067 Gary Sharp (972) 771-6919 Demolition of TX A&M Commerce T-Lounge Project start date: 4/2009 Project end date: 5/2009 Value: $17,000 City of Garland Rudy Vazquez / Contract Manager 2722 Bobtown Abatement and demolition of structure. Project start date: 2/2009 Project end date: 3/2009 Estimated Value: $15,000.00 B&G Commercial Investments Rocky Bransom 817-295-2872 Demolition of residential structure on Renfro Site clean, grading and hydro -mulch at Scott St Estimated project start date: 2/2009 Estimated project end date: 3/2009 Estimated value: $19,384.00 an Garrett Excavation & Demolition 312 Faith Ct Burleson, TX 76028 817-426-0082 office 817-426-2307 fax garrett—demolition@sbcgloba1.net Staff Qualifications: OVERVIEW Garrett Excavation and Demolition is an individually owned and operated firm. We are active members of the National Demolition Association. Our company provides the benefit of a stable environment with exceptional control over workflow processes. Garrett Excavation and Demolition has a strong history of success meeting and exceeding customer needs while maintaining the highest possible standards for safety and quality. We possess strong management skills, exemplary employees, and a clear understanding of the project goals. Employees are provided with demolition safety training beginning with initial sessions to familiarize them with company goals and objectives and job specific duties and r continuing throughout their tenure with ongoing safety and quality training. Garrett Excavation and Demolition provides excellent service, superior management and client satisfaction at a reasonable cost. This is done while achieving and maintaining leadership as a provider of demolition services through technical competence and professional integrity. Striving to become our customers' one -stop shop for their demolition needs is our top priority. More than dollars and cents, we are interested in forming enduring partnerships with our clients. STATEMENT OF QUALIFICATIONS Garrett Excavation and Demolition is an individually owned and operated firm that has been serving the demolition and construction industry for over 10 years. Garrett Excavation and Demolition is also an active member of the National Demolition Association. The management and personnel combine to have over 20 years of experience in the demolition and construction industry. Our employees receive up-to-date training on safety procedures and demolition techniques. Staff Qualifications A well -qualified staff is critical to the success of any project. Garrett Excavation and Demolition prides itself on assembling a team of highly skilled individuals. Each contributes unique abilities and talents, forming a well-balanced team. Our team has successfully completed many projects on time and within budget. Our Key Personnel Includes: .40 .. 40 on so so Fort Worth Alliance Noise Mitigation Project DEM 09-08: Alliance Key Personnel Key Personnel Title / Position Duties Bradley Garrett Owner/ Operator/ Site Supervisor / Equipment Operator Hunter Shelly Job site Foreman / Truck Driver / Equipment Operator Martin Espinosa Equipment Operator Connie Bowen Truck Driver April Collmar Office / Operations Manager Marjoe Crowell Project Coordinator / Director of Marketing Oversees all employees, monitors project guidelines and deadlines. Operates equipment: excavators, front- end loaders, bulldozers, skid steers, blades, backhoes, track hoes, pad foot rollers, and trucks. Assist Site Supervisor in day to day operations and helps to maintain clean and safe project site. Operates equipment: excavators, front-end loaders, bulldozers, skid steers, blades, backhoes, track hoes, pad foot rollers, and trucks. Trained in First Aid and CPR, has Class A CDL Assist Site Supervisor and Site Foreman in day to day operations and helps to maintain clean and safe project site. Operates equipment: excavators, front-end loaders, bulldozers, skid steers, blades, backhoes, track hoes, and pad foot rollers. Assist Site Supervisor and Site Foreman in day to day operations and helps maintain clean and safe project site. Has Class A CDL. Operates equipment: Trucks. Office Manager, Project Coordinator, and Human Resources Specialist. Her duties include project estimating, payroll, accounts receivable, accounts payable, contract and document preparation, coordinating, record and book keeping. Her duties include project coordination and scheduling, obtaining necessary permits, assists with estimating, marketing and contract and document preparation. Employment Information Owner Employment date 1/2009 Employment date 6/2004 Employment date 1/2009 Employment date 1/2004 Employment date 1/2006 2.6. Contractor Submittals Bidder shall submit the following items included in this bid submittal, in the same order as listed, following this page, bound within the response. 2.6.1. Project Schedule: Contractors shall provide a project schedule that includes all major tasks pursuant to the Scope of Work and Specifications. The project schedule shall show all tasks in the left most column and their duration shall be plotted horizontally versus time. A time scale shall be selected so that the complete duration of the project can be shown on paper with a maximum dimension of 11" high by 17" wide. The project schedule must be submitted with the bid. During the term of the contract the Contractor shall submit monthly project schedules showing planned work and actual work accomplished. 2.6.2. Schedule of Values: Progress Payments will only be made after completion of those tasks and/or subtasks identified on the Project Schedule and Schedule of Payments. Progress Payments will be made during the project no more frequently than once per month. A payment schedule must be submitted with the Bid showing the name of each task and/or subtask, the name of the deliverable document for each task and/or subtask, total task and/or subtask cost, planned payment dates for each task and/or subtask, and the amount that would be remaining in the contract account. Upon receipt of final project completion documentation, final project payments will be approved. Final payments will not be approved until project completion documentation has been submitted to and approved by the City of Fort Worth. 2.6.3. Provide a sample invoice and sample project closeout documentation. 2.6.4. Provide an organization chart that details the communication channels between the Contractor and City of Fort Worth personnel for this contract. 2-10 Removal of Asbestos Containing Materials & Demolition of Structures at Spinks Airport DEM 09-09: SPINKS ITask Name (Days IStart IFinish 07/20/09 07/27/09 08/03/0-Q 08/10/09 �M IM IT !W IT fF M fT IW IT �F IM IT IW IT IF �M IT IW IT IF 1.1 Abatement Mobilization & Prep Bldg 25 1 7/20/09 7/20/091- I 1 I ( 1 1.2 Abate Building 25 2 7/21/09 7/22/09j I I j j j j 1.3 Prep Building 24 0.5 7/23/09 7/23/090 I 0 0 0 0 1.4 Abate Building 24 2 7/23/09 7/24/09I ' I I I 1.5 Prep Building 23 0.5 7/27/09 / ---- 7/27/09 ( �,---=------, 1 I i o 1 1.6 Abate Building 23 3 7/27/09 7/29/091 1 I I I I 1.7 Abatement Demobilization 1 7/30/09 i 7/30/09, 0' -------- I---s 1 r i 1 1 0 1 2.1 Demolition Mobilization 1 7/27/09 7/27/090 _- _t 0 ------------+ j j j 2.2 Demo Building24 3 7/28/09 7/30/090 1 0 1-----------f--- 0 0 --------� 1 C 1 2.3 Demo Building 25, Basement & Tunnel 3 7/31/09 8/4/090 i 0 ° 2.4 Demo Building 23, Basement & Tunnel 3 8/5/09 8/7/09,1 1 __ I i___----- 2.5 Install Reinforced Concrete & Steel Wall 2.6 Backfill, level, final site clean & 2 3 8/10/09 8/12/09 8/11/091 I 8/14/091 1 I 1 1 I 1 1 0-------- f----------- 0 grade 1 1 1 `------- 2.7 Demolition Demobilization 1 8/14/09 8/14/09j j j j I I I I I I I I I f I I I I I II City of Fort] rth ( Original Contract Amount: $ Removal of Asbestos Containing Materials and Demolition of Structures at Spinks Airport DEM 09-09: SPINKS Payment Application Period Ending CONTRACTOR: GARRETT EXCAVATION & DEMOLITION, 312 FAITH COURT, BURLESON, TX 76028 Prior Completed Completed Unit $ Amount $ Amount Item Description Unit Completion This Period To Date % Price This Period To Date Quantity Contract Total Payment Application # 1.0000 Asbestos Abatement LS 0.00 0.001 0.00 0.00 0.00 0.00 0.00 1.00 $0.00 1.1000 Building 23 Abatement LS 0.00 0.00 0.00 0.00 15460.00 0.00 0.00 1.00 $15,460.00 1.20001{ Building 24 Abatement LS 0.00 0.00 0.00 0.00 1 2547.00 0.00 I 0.00 1.00 $2,547.00 1.3000 Building Building 25 Abatement LS 0.001 0.00 0.00 0.00 800.00 0.00 0.00 1.00 $800.00 /Backfill / Site Clean 1 !LS 2.00001 Grading 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 $0.00 wilding 23 Demolition, backfill, site 2.1000 clean & grading LS 0.00 0.00 0.00 0.00 36150.00 0.00 0.00 1.00 $36,150.001 Building 24 Demoliton, backfill, site 2.2000 clean & grading LS 0.00 0.00 0.00 0.00 10500.00 0.00 y0.00 0.00 _ _ 1.00 $10,500.00 Building 25 Demolition, backfill, site 2.3000,clean & grading I LS 0.00 0.00 0.00 0.00 10866.00 0.00 1.00 $10,866.00 Payment Application Totals 0.00 0.00 0.00 0.00 _ .• Current Payment Due: $0.00 CONTRACTOR'S CERTIFICATION I hereby certify that the work for which this application is being submitted has been performed or is scheduled to NOTARY CERTIFICATION be performed on or before the period ending date. I further certify that this work is in accordance with contract - `-` pe p 9 fy State of: County of: documents. On this day of 20 before me this application is hereby certified. Notary: Bradley J Garrett Date My Commission expires on: A:�W:AETT Excavation & Demolition 312 Faith Ct Burleson, TX 76028 TX Vendor ID 13837577330-000 Bill To City of Fort Worth Environmental Management Dept. 1000 Throckmorton Fort Worth, TX 76102 Quantity Item Code s. 1 Abatement 1 Demolition w an Thank you for your consideration. Ship To City of Fort Worth Environmental Management Dept. 1000 Throckmorton Fort Worth, TX 76102 P.O. Number Terms DEM 09-09: SPINKS S... Net 30 Description Asbestos Abatement Demolition / Backi ill / Site Clean / Grading Invoice Date Invoice # 6/11/2009 SAMPLE Ship Project 6/11/2009 SAMPLE Invoice Price Each Amount 0.00 0.00 0.00 0.00 Total $0.00 Payments/Credits $0.00 Balance Due $0.00 Phone # Fax # E-mail Payments not received by 30 days of Invoice date may be subject to finance .. Office 817-426-0082 817-426-2307 garrett_demolition@sbcglobal.net charges. .. loommoloicsi Organization Chart 2009 Brad Garrett Owner/Site Contact regarding: Office 817-426-0082 Supervisor Contract changes, Construction / job site related Cell 817-999-5246 issues, Scheduling / Project coordination, Project guidelines and deadlines, Safety and compliance. April Collmar Office / Operations Contact regarding: Office 817-426-0082 Manager Human resources, Payroll, Contract documents Cell 817-269-7212 administration, Accounts receivable, Accounts Payable, Records and Book keeping Hunter Shelly Site Supervisor Contact regarding: Office 817-426-0082 When Owner is not available: lob site related Cell 817-846-1923 issues, project guidelines and deadlines, safety and compliance. r r 2.7.Subcontractors Information and Qualifications Complete the following table listing each subcontractor and their proposed task associated with this contract. Subcontractor's Name Proposed Task Total Abatement Systems As estos Abatement Corp. B&B Waste Transit Waste Haul off Big C Little C Trucking Trucking & Hauling DSD Commercial Concrete Install reinforced concrete & steel wall Construction LLC If subcontractors are to be utilized, the following information should be submitted for EACH subcontractor. (This section must be completed in addition to the required DBE documentation in Section 2.9.) 2.7.1. Subcontractor's company name, address, email address, telephone number(s), and FAX number(s) for the local office as well as the headquarters. 2.7.2. Subcontractors current Statements of Qualifications. 2.7.3. Matrix including the following information detailing the subcontractor's personnel, their qualifications, and years of experience. • Position title and job function as associated with this contract, (President, Vice President, Project Managers, Technical Managers, Field Supervisors, etc..) •� ■ Name • Tasks to be performed in association with this contract • Certifications/Licenses ■ Total Years Experience 2-11 06/10/2009 14:28 y/2//lbUZO 1 Hz)I,U T H E A M E R I C A N INS T I T U T 13 AIA Document A30S OF ARCHITECTS Contractor's Qualification Statement 1986 EDITION This fora: is approved and recommended by The American Institute of Architects (AIA) and the Associated General Contractors of America (AGC) for use In evaluating the qualifications of contractors. No endorsement of the submitting party or verification of the information Is made by the AIA or AGC. no Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. CITY OF FORT WORTH SUBMIT TED TO: DEPARTMENT OF ENVIRONMENTAL MANAGEMENT ADDRESS: 1000 THROCKMORTON STREET FORT WORTH, TEXAS SUBMITTED BY: Gary W. Sharp Corporation 21 NAME: Total Abatement Systems Corp Partnership ❑ ADDRESS: 6142 State Hwy 276 Individual ❑ Royse City Texas 75189 Joint Venture ❑ www.tascodemo.com PRINCIPAL OFFICE: Same As Above NAME OF PROJECT (if applicable): TYPE OF WORK (rile separate form for each Classification of Work): General Construction IiVAC Plumbing Electrical K Other: Asbestos Abate =t. Demolition-bterior-Selective-StructuralL.-I %torical Copyright 1964, 1969, 1979. 01996 by 719 Ameri tan Institute of iVehttcws,1735 New York Avenue, N.W., Washington, D.C. 200006. Reproduction of the material heroin or wbstantisl tluotstion of ib provbions without wrin= permission of the AIA violates the copyright laws of the United Slates and will be subject to 1e6e1 ptaseoution. AIA DOCUMENT A305 I CONfRACrOR'3 Qt1AUf ICATtON STATF.MPNr 1 1916 EDMON I AIA 1 1996 THE AMERICAN tNSTmITE OF ARCH17RCM.1735 NEW YORK AVENtM N.W., WASWNGTON. D.0 20006 A305-1986 1 WARNING: Unikensed photocopying violates U.E. copyright lows srtd Is subject to legal prosecution. 06/10/2009 14:28 9727716825 TASCO PAGE 03/25 Is 1. ORGANIZATION 1.1 How many years has your organization been in business as a contractor? Twenty (20) Years 1.2 How many years has your organization been ih business under its present name? Twenty (20) Years 1.2.1 Under what other or !former names has your organization operated? Total Abatement Systems Corp "TASCO" " TASCO" Demolition 1.3 If your organization is a corporation, answer the following: 13.1. Date ofineMoradon: July 02, 198 8 1.3.2 State of incorporation: Texas 1.3.3 President's Name: Crary W. Sharp 1.3.4 V.P. / Marketing Name: Jack D. Morrow 1.3.5 Secretary's name: Kim M. Carnes 1.3.6 Treasurer's name: Gory W. Sharp 1.4 If your organization is a partnership, answer the following: N/A 1.5 If your organization is individually ownt>xi, answer the following: N/A AIA DOCUNEW AM / CONTRACTOR'S QUA►AWATM STAT1rMBNT1 1926IWICI J I AU / IM THE AMMAN INSTn ITS OF ARGOT TWrS,1735 NEW YOU AVENUE, N.W.. WASIIM(iM D.C. 3M A3064 986 2 WARNING: UnAcenaed phtltocoprfn0 wMatss U.S. copy.tphd laws and Is subject to k9st pm ecutlon. U 0.1 AUK cbb7 L94; to 71Zf f1b0zo IAbLU PAGE 04/25 I.6 If the form of your organization is other than those listed above, describe it and name the principals: N/A 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. Texas 2.2 List Jurisdictions in which your organization's partnership or trade name is filed. 1. City of Dallas 2. State of Texas 3. City of Arlington 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own forces. Asbestos Abatement, Selective, Interior, Structural and Historical Demolition. Renovations to include only those items affected as a result of asbestos. 3.2 Claims and Suits. ( If the answer to any of the questions below is yes, please attach detai ls.) 3.2.1 Has your organization ever failed to complete any work awarded to it7 NO 3.2.2 Are ihere any judgments, clauns, arbitration proceedings or suite pending or outstanding against your organization or Its officers? NO 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years7 NO 5.1 Within the last five years, has any officer or principal of your organization ever been an of Ficer or principal of another organization when it failed to complete a construction contract? (if the answer is yes, please attach details.) NO AlA DOCUl1 M A305 I CONTILACiOWS QUAIMCATM 31ATUMf r 119961 MrM I ALA 1 1996 ITZ AMQNCM nvsrmrIT Of ARGTir W", alas NEW YOM AWNM M.w., WASHMOTON, D.C. 2M A305-1986 3 WARNING: UnllcemW phoW opylna violates U.S. 40"r%M Irm and Is subject to laypl pmammUon. 06/10/2009 14:28 9727716825 TASCO PAGE 05/25 3.4 On a separate sheet, list the major construction projects your organization has in progress, giving the name of the project, owner, architect, contract amount, percent complete, and scheduled Completion date. 3.4.1 State the total worth of work in progress and under contract: 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of the project, owner, architect, contract amount, date of completion and percentage of the cost of work performed by your own forces. 5.1.3 State the average annual amount of construction work performed during the past fivc years: $ 6,000,000.00 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. 4. REFERENCES 4.1 Trade References: Abacus Environmental -Mr. Mark Melnitchenko-214-363-0099 MEDCO - Mr. Gary Holme3-214-820-4282 Abatix — Mr. Quo Edwards - 214-538-5642 42 Bank Referonces: Professional Bank 618 Clara Barton, Suite 5 Garland, Texas 75042 Mr. Chris Williams Tel: 972-489-1355 4.3 Surety: 4.3.1 Name of bonding company: IN 5.1.3 Name and address of agent: Baldwin Insurance & Bonding Agency, Inc Mr. Brady Cox 1201 Kas Drive Suite B Richardson, TX 75081 Tel: 469-682-7239 A1A DOWMINT A300 ! CONTkACTOR-3 QUAUMaTM STATLMI<NT! 1"I MOtTM / ALA 1 1984 ra AAIERICAN INMTiTTE OF A1tCHnWM 1133 NRW Y=AMW9, N.W.. WASHINGTON, D,G 200H A305-19 86 4 WARNING: Unf tensed photoeupyMg vtvlstsa U.S. eopyrlght lawn snd i• subJed to Ia901 prosacutlon. 06/10/2009 14:28 9727716825 TASCO 5. FINANCING 5.1 Financial Statement. r'Akat tab/ 4D 5.1.1 Attach a financial statement, preferably audited, including your organizations latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, and materials inventory); Net Fixed Assets; Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.g., capital, stock, authorized outstanding shares par values, earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement, and the date thereof: 5.1.3 Is the attached financial statement for the identical organization named on page - one? 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidlary). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? Yes ALA DOCUMENT A306 / CONTRACTOR'S QUALIFICATION STATMWENT1 IM SDI I ON / A1A1 1996 THE ALMRICAN rNSTITUTE OF ARG}i1.X 5M.1733 NEW YORK AVENUE. W.W. WA3MMON, n.c. 2= A306-1986 5 WARNING: UNIcensod photocopying vlolatee U.a. coppightIw # and Is subloctto legal prosecWon. no 06/10/2009 14:28 9727716825 6, Signature TASCO PAGE 07/25 6.1 6.2 Dated at 2.0„s 0 pm this Mtt day of ua 2009. Name of Organization: Total Abatement Systems Corp By: Gary W. Sharp Title: President Mr. Gary W. Sh= being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and swom before the this 12ft day of January, 2009. 6a evvIA4 Notary Public: Kim Carnes My Commission Expires: 02-22-2012 KIM CARNES �'• �F Wary public. State of TO><es My Corixnission Etrpkes February 22, 2012 MOOCUWNTA306 I CONT1tACinit-9QUAU=ATW8TATZWNT/ IMMM10HI ALAI 19M THE AMSRICAN iNST1TUTE Or AP.CHM Cr$.17i! tMW YtntlC AVENUE-NX,. WAWMTON. 0.1120006 A306-1986 6 WARNING: Unikensad photocopying rhalutwo U.$. copyright laws and Is subNM to legal prosecution. nb/1n/lbby 14:ZU 'IIYf!lbUlb TASCO PAGE 08/25 Pagel of l .0 Wmdow on State Government Susan Combs Tom Comptroller of Public Accounts Taxable Entity Search Results Franchise Tax Certification of Account Status This Certification Not Sufficient for Filings with Secretary of State Do not include a certificate from this Web site as part of a filing with the Secretary of State for dissolution, merger, withdrawal, or conversion. The Secretary of State will reject a tiling that uses the certification from this site. To obtain a certificate that is sufficient for dissolution, merger, or conversion, see Publication 98-336d, g i mgnts to Dissolve, Mgrge or Convert. A TP,xa.s...Entity. Certification of Account Status Officers and Directors Information Entity Information: TOTAL ABATEMENT SYSTEMS, CORP. Status: Registered Agent: Registered Agent Resignation Date: State of Formation: File Number: SOS Registration Date: Taxpayer Number: 6142 STATE HIGHWAY 276 ROYSE CITY, TX 75189-5754 TEMPORARY GOOD STANDING through July I4, 2009 GARY W SHARP 6142 HIGHWAY 276 ROYSE CITY, TX 75189 TIC 0108203900 July l , 1988 17522354764 Texas Online I Statewide Search from the Texas State Library I State Link Policy f Texas Homeland Security Susan Combs, Texas Comptroller . Window on State Government a Contact Us Privacy and Security Policy I Accessibility Policy I Link Policy I Public Information Act I Compact with Texans http://ecpa.cpa.state.tx.us/coalservledcpa.app.COA.COBGCtTD?PQ=tnid&.e*rrh u�—*�•�,o� ^^� qb/ ill/ VUU'3 14: 18 9727716825 TASCO PAGE ©9/25 Page 1 of 1 so .0 Window on State Government Susan Gafts Tans CompvoUer of Publk Amounts Certification of Franchise Tax Account S=ia TOTAL ABATEMENT SYSTEMS, CORP. had a recent riling deadline and as of this date, June 10, 2009, the taxable entity's account status has not yet been updated. Account statuses are updated within 60 days after the filing deadline. The account status for this taxable entity will be updated no later than the status date shown on the Certificate of Account Status page. Please try back later. our apologies for any inconvenience this may cause. Texas Online I Statewide Search from the Texas State Library I State Link Policy I Texas Homeland Security Susan Combs, Texas Comptroller a window on State Government • Contact Us M Privacy and Security Policy I Accessibility Policy I link Policy I Public Information Act I compact with Texans w ow ■ http://ecpa.cpa.state.tx.us/coa/servleticpa.app.coa.CoaLette,r L/1 A^nnn bb/1t7/YMIJ 14:',eb tJtYtfIbti'L5 IA5W PAGE 10125 at-noI1-07M) TEXAS SALES AND USE TAX PERMIT This permit is not transferable, and this side must be prominently displayed in your place of business. YOU AdAYNEED TO OOLLEC'r SALES A%V OR LASE TAXFOR OMER LOCAL TAWN0 AVMRMES DEPENDING ON YOUR TYPE OF BUS(NESS_ If you M" any gws*mt repardng sW* tax you ropy contact INo Tom Stale CamptoMr's geld office in your tea or a/ 14K*-M2-5655, id tot. nobwvAde. Th. PmW nu rAw Is 312J403-4WO. '- 8 Ln In N co �D N rin - 00 N m m m N co —4 LD O 9 TEXAS DEPARTMENT OF STATE HEALTH SERVICES TOTAL ABATEMENT SYSTEMS CORP is cegft wd to perform as a Asbestos Tian§porter in the State of Texas within the purview.of Texas Occupations Code, chapter 1954, so long as this license is not suspended or revoked and is renewed according to the -rules adopted by the Texas Board of Health. License Number: 400031, Control ?Number: "95485 DAVID LA.KEY, M.D. CONI vMSIONER OF HEALTH VOID IF ALTERED NON -TRANSFERABLE Expiration Date: 2/19/2611 (Void After Expiration Date) 1 ■ r TEXAS DEPARTMENT OF STATE HEALTH SERVICES TOTAL ABATEMENT SYSTEMS CORP • is cert#W to perform as a Asbestos Abatement Contractor in the State of Texas within the purview of Texas Occupations Code, chapter 1954, so long as this license is not suspended or revoked and is renewed according to the rules adopted by the Texas Board of'Health. License Number: 800109 Control Number: 95440 DAVID LAKEY, M.D. COMMISSIONER of HEALTH VOID IF ALTERED NON -TRANSFERABLE Expiration Date: 11 /30/2010 (Void After Expiration Date) no 06/21/2009 23:34 9727716825 TASCO PAGE 02/03 HUB UTILIZATION PLAN BID / PRPOOSAL TITLE: ASBESTOS ABATEMENT AND DEMOLTITON OF VARIOUS STRUCTURES g SPINKS AIRPORT BID PACKAGE NUMBER: DEM 09-09:SPINKS NMP TYPE OF WORK: WASTE HAU NG FIRM NAME: B&B WASTE TRANSIT INC. 1916 BRIDGES'TONE DR. CORIKTH, TEXAS 76201 CONTACT NAME: AMY DREW CONTACT PHONE: (214) 803-3184 CERTIF. AGENCY: TBPC CERTIFICATE # 1030523501100 NCTRCA CERTIFICATE # WFWW8777NIO09 WBE CERTIFICATE # 255079 ETHNICITY / GENDER: WF QUOTES 2.069.77 RESPONDENT TO INTTILIZE & DATE HERE: 06/10/2009 14:28 9727716825 TASCO PAGE 21/25 i r Y*fafr of Z:exas Historically Underutilized Business Certification and Compliance Program The Texas Building & Procurement Commission (TBPC), hereby certifies that B & B WASTE TRANSIT, INC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Certification and Compliance program to be recognized as a HUB. This certificate, printed 30•JUN-2007, supersedes any registration and certificate previously issued by the TSPC's HUB Certification and Compliance Program. If there are any changes regarding the information (i.e., business structure, ownership, day -today management, operational control, addresses, phone and tax numbers or authorized signatures) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the TBPC's HUB program in writing. The Commission reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. ?,j4 ct6wv.-, CertificateNlD Number: 1030523501100 Paul A. Gibson File/Vendor Number: 33042 HUB Certification & Compliance Manager Approval Date: 27-JUN-2007 Texas Building & Procurement Commission Expiration Date: 27- JUN-2011 (512) 305-9071 Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the CsrtificateNlD Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (http;l/www,tbpc.state.tx.us) or by contacting the TBPC's HUB Certification and Compliance Program at (888) 863.5881 or (512) 483-5872. dF A I ' M M CD -� q/�a c c -. r 1 _ct1- d[0".4 s WD 4. LD �- • 'ice � NCTRCAtD v i r Women -Owned Business Enterprise Certification ' I C.. CD curl B & B Waste Transit, Inc y `►� � ! has ailed with the Agency the appropriate Affidavit and is hereby certified to provide service(s) in the following areas. Woman -Owned Easiness Enterprise p I 562111 D u) i Solid Waste Collection: o -- October 2008 This Certification is valid beginning and superseded any registration or listing ' previously issued. This certification must be updated annually by submission of an Annual Update Affidavit. At any x� time there is a charge in ownership or control of the firm, notification most be made immediately to the North ` i } Central Texas Regional Certification Agency. Certificate expiration October , 20 09 08 Certification Administrator Issued date October • � � i .20 CERTIFICATION NO. WFW1338777N1009 Y s N N 01 Wornen's Business rise N :w,:. atioral Council: iil.+Myfhd: F in lxirt e44-i "Ah Women's Business Counc i South 6t ( rl&% Iliv cracrai for mrtiriution :vt':r (WBE) t lets limn niet by B & B Waste Transit, Inc. Ezpiratton Date: ti�r3o,2oos 3uia es Ckvetoprnent Certificate Number: ... SIC Code(s): Sow NAICS Codes: ss211, WwwrA Piringns Ecvwfiise Npe ms) CAlaxil �W(ENC Aulhorized try Dehtr.-e Hust, P(m dEm. V'JBC S,uthwest YMMUI -ast-w l.. X",BC:GC N YWr.A1 - WBEC AKA m m t9 a N tD to F- 01) N Lo N M N Ln D to O 1 TEXAS DEPARTMENT OF STATE HEALTH SERVICES B & B WASTE TRANSIT INC is certified to perform as a Asbestos Transporter in the State of Texas within the purview of Texas Occupations Code, chapter 1954, so long as this license is not suspended or revoked and is renewed according to the rules adopted by the Te ras Board of Health. License Number: 400327 Control Number: 95454 DAVID LAKEY, M.D. COMMISSIONER OF HEALTH VOID IF ALTERED NON -TRANSFERABLE Expiration Date: 9/29/2010 (Void After Expiration Date) , page 2 8113319185 Pa9e:2'5 ,j BIGC t mEC arreLL txcau ;i t.>rmo lo.r3173373073 25r20t09 09:32A IGC LITTLEC a Document A305" �-19$6 Contractor's Qualincation Statement 'T1da twm is approved and reconntMdm:d by tho ^nwAcau lWtvtc of Architects (A3A) artd �1e Associated General COMrnctord of Attrorica tAO0 for use in evaluatins Lim qualifications of Columdort. No cndorst:trleslt Of th6 submitting Psrly as vaiCtcation of the inIOMS(lon is rtt:tdo by AlA 01 AM. '1U Under8i9t4d catifoa under oadt that the information pfovlded h=11% is true and sufCcieruly comnPlote so as n01 to be ajdauding. far � ADDRESS; -�,�. 5v v It-sov\., SUBMITTED BY: •� � C, r ��r r `� `�" � Corporation i � PtutLtershiIiAd1E: S Vl�Lts�s t?Q ADDRESS: lndividusi 111 MCIPAL OFFICE: L,�a �.. � VC� r ' `v j Joint ventuto Outer �_ NAME OP PROJECT f(lappiicabk): MAacr TYPE OF WORK (Flk UP"10 form for C&C" Clmsirication of Wo&): Goneral Construction C] HVAC . 3 Plurnt ing F3loctricat Other (pk= specify) § 1, ORGANIZATION § 1A H w many years bait your ort"4 ation beta iu business as a COuw4etOf7 �1 e v-S (, D trio hI S 1,2 How rmany yOtt's nq YW organization been In business under its presew btisincas mune? $1 TUndo( w of or ommar ttamltCi hits Your oszsaization opmnytal? NJA 11.3 If your wSlaizatim is a corporation, Itnsw6f the following; § 13,1 Deus of incorporation: g 132 Stave of incorporation; q 1.3.3 Praldmu% name; § 1.3.4 Via-pm*idcnVv vsme(t) ALA Goewaftl A306"' -1310. QpgytlpN O IOU, 1201A,1270 aria VON by The Amerken Irdab to d AmNaoin. AS fthio n*eavec WARM"- N* Am A' QOCta't w to pmftc%d by lt,>'I, Capyeo* Levu wd InterneivrtW Treelloo. l *Kwtwd I%PM V" or OrsaStlbn Of $Me AW bumnon4 a wq perVAm at it. cusp noun rn emn uM end CFM* d perglua, sail Will be pMeCO Wt to The slegmauma eIWO paeeW# W+der rite M.. 71ie d*PM M woo p►cduPW Dy A& earpealo et 14 "57:IP an QW74W4 Yndar Oft 110. 10000730dL1 ehIM axom on i18rm05, and ra ad for taste, thm Notew ofolom) 711M On '1AnH , , - . a. ...n. - ---— --- •----- JUN 25,2009 09.33A BIGC LITTLEC 11173379185 Paer:3f5 JHN-10-CiftIi Wd:�a trom:t,arrett 1-xcav i& Uemo Io:13173373©77 page 3 1.3.5 Sotfttory's nttmc: 41.3.6 TMASW r' a Rama. § 1.4 If your urrsttiation is s partttaahip. Answer the following: j IA.1 Date of orgsniaation: g 1.4.2 Type of psrutersluP (it xpplhatble): 1.4.3 Namte(s) of 1411e1al Damns) § 1.61f lofts organization is individuAlly t)wt1Cd, answer tho following: j 1.8.1 pate, of orraindon: j 1.6.2 Harm of owner: § 1.5 it the rom of your toualk it other dean 1hom lined ttbov4.4mn it and frame file prioct It. 1 UCENSW. 12.1 Lin jurisdictions *W u>tde e0te6orics in witich yow orgalltutiou is legally quAlif ed to do busiticss, &W inAlcwte registration or lietma ttumWm- if aPPUca6k. TAS 5 2.2 Liat)ttAmliedom in which yow• agaaj=tion's panuerahip or trade name is filed. g 3. EXPERIENCE § 3.1 List the categories of work that your grPfflution normally »forms with 14 own forces. trjjtra I YUej(') 6-Y't �ia1 I'll § 3.2 Cl"ns and Suits. (if Um answer to any of the, questlnna t)elow Is yas, pltuo tataeh details.) j 92.1 Has your otWmization aver failed to Contptete Any wotlt awarded to it? KO j 3.L2 Are them any jut gFrAnts, claims. stbitradon ProoetdWas or suits paging or outstanding against ' your orraindon at its *mom? RL) 3.2.3 l;itnt your organlUtion Mcd any taw suite or requosted atbitr 4cn with regard to nonstn+etion ctudtrticia within the last five years? hU § 3.3 V jWn tho last five years. has any officer or principal of your organ4vion aver been sn officer or principal of another wSanirsttion viAten it failed to completa a conatuction contract? (If the AWWc( is yes, ptem attach details.) N A)A Dommeni AMIN - ttft CoppW9 O 1904.1 tl0a, tm VW I M to 7ho Asmtttn tnstl M 10 A1GMlettt. Act Mhtp rpisMts. wAAr M-. ale A10 49MM nt M pr 0 6y u.s. Cepysl to Law W4 laiort►Riaoary Ttast(t g. lJMANarbmd R—odaedon w d°usuwn oe o* AtA° oopw%ut. M toy PW"601 It,Amy �seedl In tvam"°AO autwnd poAeW4% OPO vA bo proes°wad tp rho penMallm 40M robs" 1R" nM In. TWO eoewsa wets pV&mO by AW wawa 011 sA7:12 on WbWIM ttred♦r (?+flee No.tofloosMG_t Umb gopba on 21WWk WV a ea W Nsw. tlaer Notts: (24IOo7Osm) .7UN 24, 20U') 11:14A COLLHAR l;AR1tGTT 5179262:10'1 JUN 25,2009 09:33A BIGC LITTLEC 8113379185 page 4 JHy-11'i-c'tdV W-Z�4 trom:taarrett kxcav K IJemo to:8173373073 Pase:4.15 § 3A On a acpwale shear, list rnsjor construction pmjcels your organi:olion his in program, living the name of project, owner, architect. contract *mount, patceal coltlp scheduled eolnpletiun data. Uvr t '35 Ir Pry hod § State total wgrllt ofj I r, Pq) rt S v KY C'VJ1 is progress under Cott work § 3.3 On a ieparttta atteM list lute v%jor projects your organization hat eottlpletcd in the past five year -a, giving the slams of prbjea. owner. a/rehllect, oonleitcl aarnoun(l, date of`completion and peraentaga of the cost of the work tw 1o�jV4� Liv+ot 1 jobs (F-MJ I -I') FKq ) T^35) gW6.1 Stale avantie annual a+nouul of apnstrul:tion work perf"wA during the past rive yaars: 15 00100 0 , u- § 3.0 CM a septurla shoat, list the construction ertperienu and praaont 0601tnitrnant0 Of the key indi Vidvais of your orgar►itt►tion. CW tYiA.,1�,r � A JW �-hptt e& PAniCj �1 �' a " § 4. REFERENCES a § 4./ Trade Raflutences: �' `o Dava I, 1 f 3firuti - UPS et1 14.2 Bank Itefaa es- § 4.3 Surely: § 4.3.1 Name of bonding co"any: S 4.1.2 Maw and •st *ms of age» t: § 5. FINAMGING § 5.1 Snanaai Staletacm. S ti,1.1 Attach a financial maternant, preferably audited, including yaw ergAniudon's illtest batance aura and income astwilent, showing the tolkwAng itemr: t arrant Assert (a=., cash, joint velours a0 Waats. accounts n"ivabia, notes Mccivable, accrued irAomm, deposits, maicrials inventory end prepaid axptsnaa). Na Flaed Astact:: Wier Asuu; Corms, t.labilkies (t.g., accounts payable, notes payable, at:erved eapinlsas. provision for it"= taxes, advances, ac&ued salaries and sewied payroll taxes); MA OaitrrMl 1 MOW"- teed. Bapptaat • 1164, 19ea,1aie W lass try Tta AgWimrt &sOAso of A,tUawto. All I*M0 nreorvo0. WARMMO: Tale AIAe tllaaWWK to pralpW br tl.a r.,ptgl®bt Low cad WVAM Hanel Tnellm. c . . 10prodttellon Of elannt MOM a tNa AJO Doaureenl, e, cry F>� or n. iaay iowAl Yt Oerere eNrb eltf cdfhlnd nOn 09% ass erl ts Rream"d, m tiro MOarAtMlel *Mm poautbie under w tow. Tea dva r4n Mfg pro4aved W AIA eeRMM 0 14:57:1= ao WORM WIN* ardor M0.1 DODD9 Ml kfl1Q1 is*fit it On 2AAF"M. MW i$ not bt re1M0. User HMS; (Steteo>Iill JUN M, 2009 11 : 14A COLLKAR GAlUMTT 8114262307 JUN 25,2009 09:33A BIGC LITTLEC 8113379185 page 5 JHv-110-40" ►9C:Z�t`► i-rom:tsarrru txcev K upmo lo:81*Y3373073 Pooe:5/5 Oil= Liabilities (e.$ , capilAl, capital stock, mr1horiud and ouutanding sharm par values, o4med surplus and feloinW eenlings). § 5.11 Name mild addrp of firm preparing suachcd financial statement, and date thereof: 15.1.3 L the att"had 6nuuWal statement for dw. idaatical orpnizatittlt named all page, one? § 5.l.41f not, explain the relgtionship and financial responsibility of the organizAtian wlwse f,aancinl sulenter►l is proyidod (e.g.. putid-subsidiary)• 15.2 Will the organisation whose financial sta►enwnt is ultwlted Pet at guumviWr of du contract for coustructlon7 g L SIGNATURE § 6.1 Dated at this 1-T day at -r Name ofOrganixatimi: �(i�„� • (�{. frftZkA By. rtue: M being duly sworn dvoses and Oay$ ilia tho inPorrnstion provided harem is uut and sufflci* dy campivA to as not to be misleading. Subscritted end sworn before mo IMS day of 20 Notary Public: My Commission Expims: AIA De taperq A506ra -1606. CaltyrW 01064, IV*. 107110 OW it" hYTh* Awyrtearr re►ade a Apg 1160CM AN rights maerved. WARfdNG: Title ALO DAMPAM IN proOM4 by UA M*Yr4Rt Law Fad YI>i6fr "On%i TMRNU. Ll1AU&4rhad fapreduetWt or diFtMuri0e e1 this AIA° GeLtiaeaM, or 4 Roo pm*m or lk"lws dt la Wwm 00 ono orl-Wal FM$dM OW WIN a prOW&M in Nth INI Mtun a t ed peso* WWW fM low. tilt QaOtrre M W6a pnouma by AIA Ovilws1tf M t CM11 W% Offi? W idea. Orw Ma.1000M7aq 1 rtOl 6W66 On 7A1Mk 6rld is nm tat mew. user Notdlt 1u41407MI JUN 24,2009 11:15A COLLMAR GARRETT 8174262307 page 5 JUN 25,2009 09:33A BIGC LITTLEC 8173379185 page 7 .. qw Big C — Little c Trucking, LLC P.O. Box $22595 North Richland Hills, Texas 76182 Organization Chart 2009 Chris Villescus Member/Owncrl Office/Cell 692/561-2620 Site Supervisor Contact Regarding: Truck Haul/Job Site Related Issues; Scheduling/Project Coordination Melissa Villeseas Otficdoperations Contact Regarding: Office/Cell 817/797/3141 Manager Human Resources; Payroll; Contract Documents; Administration; Accounts Receivable; Accounts Payable; Rtourds/$ook Kccping; Surety and Compliance Mar 18 09 12:19p Oilfield Servioes Company $176414449 aN- •.... '$faf-r of Erxas � Historically Underutilized Business Certification and Compliance Program The Texas Comptroller of Public Accounts (CPA), hereby certifies that BIG C - LITTLE C TRUCKING LLC pA has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate, printed 26-JAN 2008, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (Le., business stricture, ownership, day-to-day management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for registradon/certgication as a NUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of Ineligibility. ?,j A. (:,6wv-.,* - CertificateNlD Number. 12607832685W Paul A. Gibson RelVendor Number. 53450 HUB Compliance Supervisor Approval Date: 24-JAN-2008 Expiration Date: 24-JAN 2012 Note: in order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the CerdticateNID Number Idertdffed above. Agencies and univemitles are encouraged to vaklate HUB certification prior to issuing a notice of award by accessing the Internet (htipJ/www2.cpa.Me lx.usfcmbftbanly.hUnl) or by contacting the HUB Program at (888) 863-5681 or (512) 463-5872. �16 11 mill in III 4.. NCTRCA, Disadvantaged Business Enterprise Certification Big C - Little C Trucking, LLC • - aw c TUCP ��f1011 -Disadvantaged Business Enterprise has filed with the Agency an Affidavit as defined by 49 CFR part 26 and is hereby certified to provide service(s) in the following areas: • 484220; Specialized FreW (accept Used Goods) Trucking, Local; This Certification is valid beginning rkjohrar 20OR_ and superseded any registration or listing previously issued. This certification must be updated annually by submission of an Annual UpdateAfildavit. At any time there is a change in ownership or control of the firm,'notiflcation must be made immediately to the North Central Texas Regional Certification Agency- or an TUCP certifying entity. Certificate expiration rmkhw , 20M Certification Administrator Issued date Octobv , 2q_,_, CERTIFICATION NO. HMDB38831 N1009 CP c� N 0 a J". OD y45 LOW In U.S.A. Quatiop6dipiuen Warkmaotvhip Comnanv Information www.dsdconcrete.com Place & Finish Reinforced Slabs Turn -key Concrete Specialty Applications www.dsdconcrete.com MBE, HUB, SBA Officers: Joshua Davila, Member/President Kathy Slocomb, Member/Executive Vice President Contact: Josh- Mobile 817-475-7181, idavila@dsdconcrete.com Kathy - Mobile 817-996-3918, kathv@dsdconcrete.com Jeramy Slocomb, Estimator - 817-243-1221, islocomb@dsdconcrete.com Banking: Frost Bank Fort Worth, TX 76109 (817) 420-5229 Acct #608 229155 EIN No.: 20-8050225 DUNS No.: 801091930 Structure: LLC, April 2006 Certifications: NCTRCA No. HMMB35632N1108, expires November 2009 State of Texas (TBPC) HUB Certification/VID No. 1208050225000 References: Redi-Mix Concrete Dallas, Texas Wes Merek 817-835-4000; Fax 817-835-4073 Concrete -Related Products Cleburne, Texas Rick Teague 817-739-8384; Fax 817-558-9843 Barnsco, Inc. Dallas, Texas Greg Forbess 214-352-9091; Fax 214-352-7020 Credit Dept.: Jennifer(a.barnsco.com Gateway Concrete Fort Worth, Texas Fax 940-242-3102 2316 East Loop 820 N - Fort Worth, Texas 76118 - 817-284-5400 - Fax 817-284-5404 .. Qnafi&-driven Warkmancho RECENT CLIENT REFERENCES '"Place & Finish Reinforced Slabs Turn -key Concrete Specialty Applications www.dsdconcrete.com _ Companv Name: Thos. S. Byrne Ltd, General Contractors Address: 3100 West 7U' St., Suite 200 Fort Worth, TX 76107 Contact Person: Jason Moore, Project Manager Phone/Fax: 817-733-6794 Fax 817-810-9388 Email Address: imoore(d4sbvrne.com Scope of Work: Concrete Placement for Fort Worth Convention Center Parking Garage, Fort Worth, Texas Contract Period: November 2007 — January 2009 Companv Name: Walton Construction Company LLC Address: 4144 N Central Expressway, Suite 700 Dallas, Texas 75204 Contact Person: James Higgins, Senior Project Manager Phone/Fax: 214-219-2319 Fax 214-219-2319 Email Address: iameshiggins(a,waltonbuilt.com Scope of Work: Concrete Placement for Sheraton Stonebriar Sitework Package, .. Stonebriar Commons Bldg 5, Frisco; Sheraton Renovation. Dallas Contract Period: February 2007 — January 2008 & June 2008 — March 2009 Companv Name: Thacker Industrial Service Company Address: 6513 Midway Rd Fort Worth, TX 76117 Contact Person: Jack Forehand Phone/Fax: 817/834-2323 Fax 817-8380380 Email Address: riforehand(a,amail.com Scope of Work: Concrete removal and replacement in existing facilities to provide reinforcement for various machinery weights. Smurfitt Stone, Fort Worth; Century Container, Kilgore, TX, Thacker Offices, Haltom City Contract Period: November 2008 — April 2009 no 2315 East Loop 820 N - Fort Worth, Texas 76118 - 817-284-5400 - Fax 817-284-5404 lie Place & Finish _ Qna tjs.4&Rvfen Warkmaxsho Reinforced Slabs . Turn -key Concrete Specialty Applications www.dsdconcrete.com CURRENT PROJECTS STONEBRIAR BUILDING 5 (BLUEFISH RESTAURANT) Contract: $86,500 — 4,242sf Restaurant; 2,743 sf Walks, May 2008 Contractor: Walton Construction Company LLC James Higgins, Project Manager, 214-219-2255 DALLAS SHERATON RENOVATION, Dallas, Texas Pool infills, add steps, ramps, etc. Contract: $116,670.00 50% complete Contractor: Walton Construction Company LLC SPROUTS FARMERS MARKET PLAZA AT Cedar Hill, Texas Commercial Renovation Contract: $73,000.00 Contractor: Gibson Commercial LLC, Indianapolis, IN Owner: KRG Construction, LLC Architect: Wallace Design Group & Kimley-Horn & Associates IRVING CONVENTION CENTER, Irving, Texas Paving Place & Finish, Sidewalks, Curb Contract: $62,650.00 Contractor: R D Howard LC for Austin Commercial Owner: City of Irving AUDI, Fort Worth, Texas Concrete Place & Finish Contract: $40,000 Contractor: 4-S for Fort Construction Owner: Bobby Baillargeon/OLE Autogroup, Inc. .r CURRENT PLACE & FINISH PROJECTS: Fisher House, Dallas, Texas 7te Street Mixed Use Facility — GC: Sedalco (Urban Concrete) Bank of America, Frisco Texas — Urban Concrete Cedar Valley College, Turner Construction (Urban Concrete) Dallas County Criminal Courts District Offices, Turner Construction (Urban Concrete) Rejoice Lutheran Church, Dallas, Texas (Urban Concrete) Hodges, McNair and Rivera Elementary, Charter Builders (Urban Concrete) One Montgomery Plaza Condominiums, Fort Worth, Texas — Thos S Byrne General Contractors Ben E Keith Building, Dallas, Texas for Urban Concrete no 2316 East Loop 820 N - Fort Worth, Texas 76118 - 817-284-5400 - Fax 817-284-5404 i :--low rfrf !`!` iiii7��yyyy rye- r �_J►ualft%-driven Warkmanchip • COMPLETED PROJECTS FLIPS PATIO GRILL, Fort Worth, Texas Contract: $458,000 Contractor: Wilson Barnes General Contractors Contact: Joe Ceravole, 972-977-5398 Architect: John E. Wheeler III Architect, Inc., Dallas, Texas Owner: The Hartnet Group, LTD, Bedford, Texas GREAT WOLFE RESORT — PHASE II, Grapevine, Texas Contract: $120,000 Contract for Place & Finish concrete for Conference Center/Rooms addition Contractor: Turner Construction — Urban Concrete, Billy Cantrell 972-983-9589 FORT WORTH CONVENTION CENTER PARKING GARAGE. Fort Worth, Texas Concrete place & finish Beams, Slabs, Suspended Stairs, Sidewalks, Curbs, Foundation Package Foundation Package Approx 103,108 sf, Elevated Package Approx 721,164 sf ,. Contract: $314,749, October 2007 — February 2009 Contractor: Thos. S. Byrne Ltd, General Contractors, Jason Moore 817-882-8704 Owner: The City of Fort Worth SHERATON STONEBRIAR HOTEL, Frisco, Texas Sitework package Contract: $259,970, began February 2007, Complete March 2008 Contractor: Walton Construction Company LLC James Higgins, Project Manager, 214-219-2255 Owner: Stonebriar Legacy LP KIA ROCKWALL. Rockwall Texas Contract: $677,000 - 192,244sf turnkey concrete package for Kia dealership Contractor: Preston General Contractors, Dan Taylor 469-831-1658 Start date: April 2008 / Completion: August 2008 Owner: Salehoun Family L.P. c/o Southwest KIA Complete: August 15, 2008 DREXEL BANDERA, Dallas, Texas Place & finish all concrete for (8) 4-story and (2) 5- story condominium buildings in downtown Dallas. Contract: $275,000, began in Fall 2006, Complete May 2008 Developer/Contractor: Drexel Development, Jack Taylor, 214-217-1700 M 2315 East Loop 820 N - Fort Worth, Texas 76118 - 817-284-5400 • Fax 817-284-6404 •Try Ai WWI Qaali&-ghiven Workmanship Completed Projects, Page 2 UTA NORTHWEST THERMAL ENERGY PLANT, University of Texas @ Arlington Contract: $188,000 Began October 2007; complete May 2008 Contractor: Ed Parker, Inc. Wilson Butler, 817-332-8481 Owner: State of Texas ISD Facilities _ GREAT WOLF RESORT & WATERPARK , Grapevine, Texas Place & finish approx. 600,000sf of elevated slab for indoor resort/water park October 2006 — April 2007 Contract: $251,507.00 Contractor: Turner Construction C & F FOODS, PITS #1 & #2, Grand Prairie, Texas Food processing pits for Sante Fe Railroad; July — November 2006 Contract: $103,385.00 Contractor: Railroad Contracting Inc HARBOR PARKING GARAGE AT ADRIATICA. McKinney, Texas _ Place & Finish Concrete at Elevated Decks Contract: $80,000 began September 2007, Complete in May 2008 Developer/Contractor: Blackard Group Inc., Neil Sladecek, 972-540-0304 TEXAS TWIST PRETZELS, INC.. Carrollton, Texas 6,000sf walk-in freezer for food manufacturer, Summer 2006 Contract: $71,100 Owner: Texas Twist Pretzels, Inc. CHESAPEAKE ENERGY — Cottonbelt @ DFW Airport Grade beams for containment walls Contract: $49,700 Contractor: Acoustical Control Inc JOHNSON COUNTY COURTHOUSE. (historical restoration Droiect) Cleburne Texas Concrete Sidewalks, Handicap ramps, concrete flumes Contract: $46,000.00 October 2007 — December 2007 Contractor: Ray J Miller Construction Co., Inc. 854-435-2579 2315 East Loop 820 N - Fort Worth, Texas 76118 - 817-284-5400 • Fax 817-284-5404 Al I Quality-drlven Warrkmamphip V , Completed Projects, Page 3 SOUTHWEST AIRLINES HEADOUARTERS BUILDING, Dallas, Texas Parking lot demolition & repairs $41,265.00, December 2007 Contractor: Pecos Construction Mike Green Cherry Creek Plaza. Arlington Texas �- Repair of exterior paving; April — May 2007 Contract: $33,600 Owner: Quantum Development, Gem Jones Endridse/Marauez Plant, Marquez, Texas Turn -key slab for maintenance building; May — July 2006 Contract: $25,570.00 Contractor: HPB Construction 528 Topside Dr Azle, Texas 76020 Sara Lee Fort Worth Plant, Fort Worth, Texas Acid Containment Pit, June — December 2006 Contract: $25,196.00 Contractor: HPB Construction Rains Countv Courthouse Restoration -Phase I Concrete crack repair — December 2007 Contract: $19,733.00 Contractor: Harrison, Walker & Harper LP By: HWH-GP, LLC, General Partner 222 East Hickory St, Paris, Texas 903-785-1653 TXI Concrete Plant, Hurst Texas New parking area Contract: 14,790.00 Owner: TXI — 2315 East Loop 820 N - Fort Worth, Texas 76118 - 817-284-5400 - Fax 817-284-5404 c Completed Projects, Page 4 Geo a Allan Courthouse, Dallas, Texas Handicap ramps, sidewalks, 2006 - 2007 Contract: $ 13,650 Contractor: Yates Construction Southwest Airlines Headquarters Building — Breakroom Floors, Dallas, Texas Pour 2" concrete finish onto ls` & 2" floor breakroom floors 2006 Contract: $12,000 Contractor: Pecos Construction Mansfield Highschool Football Stadium, Mansfield Texas Trench drains @ stadium end zones, May 2006 2315 East Loop 820 N - Fort Worth, Texas 76118 - 817-284-5400 - Fax 817-284-5404 NCTRCA Minority Business Enterprise Certification DSD Concrete Construction, LLC has filed with the Agency the appropriate Affidavit and Is hereby certified to provide service(s) In the following areas: 3. Minority Business Enterprise P-1,*1 238110; Poured Concrete Foundation and Structure Contractors; November 2008 This Cerdfleadon Is valid beginning and superseded any registration or listing previously Issued. This certification must be updated annually by submission of an Annual Update Affidavit. At any time there is a charge in ownership or control of the firm, notification must be made immediately to the North Central Texas Regional Certification Agency. November 09 Certificate expiration '20 November 08 Certiflcation Administrator Issued date 20 HMMB39256N1 109 CERTIFICATION NO. 5 PH Of Zrxas Historical) Underutilized 'Y Business Certification and Compliance Program The Texas Building & Procurement Commission (TBPC), hereby certifies that DSD COMMERCIAL CONCRETE CONSTRUCTION LLC has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Certification and Compliance Program to be recognized as a HUB. This certificate, printed 04-AUG-2007, supersedes arty- registration and certificate previously issued by the TBPC's HUB Certification and Compliance Program, If there are any changes n*wding the information (i.e., business structure, ownership, day-to-day management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the TBPC's HUB program in writing. The Commission reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. Certificate VID Number. 120BD50225000 File/Vendor Number: 51321 Approval Date: 31 -JUL-2007 Expiration Date: 31-1UL-Wl1 Paul A Gibson HUB Certification & Compliance Manager Texas Building & Procurement Commission (512) 305-9071 Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the CertificateNlD Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (http://www.tbpc.stato.tY-us) or by contacting the TBPC's HUB Certification and Compliance Program at (888) 863-5881 or (512) 453-5872. 2.8.Bonds 2.8.1. Bidder's Bond Proposals must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate. Alternatively, the City will accept a cashier's check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project contract. This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The bond is subject to forfeiture in the event the successful Contractor fails to execute the contract documents within 10 calendar days after the contract has been awarded. 2.8.2. Payment and Performance Bonds Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth, a payment bond if the contract is in excess of $25,000, and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth; in 100% the amount of the Contract; and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. 2.8.3. Requirements for Sureties The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United 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. 2-12 FROM <T Uff) 4UH 23 2000 8 : 01 /ST . 8 : 00/No. 702a 1 38808 F - 3 CNA 6/23/2009 8:24:19 AM PAGE 3/005 Fax Server Western Surety Company BID BOND (Percentage) Bond Number: i U7 4 4 34 4 KNOW A_L PERSONS BY THESE PRESENTS, That we Bradley Gaxr!gfrt dba Garrett Excavation Demolition of 312 Faith Ct. , Burleson, TX 76t 28 hereinafter no MW us referred to as the Principal, and Western Surety Covpanv as Surety, are held and firmly bound unto.QUY of Fort Wcrth Env-*ronmental Management De12t_ of 1000 Throckmorton, Fort Worth, TX 76102 hereinafter referred to as the Obligee, in the sum of Fi ve ( 5 %) percent of the greatest amount tNd, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presentf;. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Soirks Airgcrt Demolition of St.:uctures NOW, THEREFORE, if the said contract bE. awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety aceeptabl.? to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by rea Son of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 2`.-th day of .Temp 2009 . Bradley Garrett. riha Garrett Fxcavat.ion t Demolition (Principal) BY (Seal) We.4.11armonr" .ny By 6f,ORPORae :Grego0 $EAr � nL Form F5876 8:021ST Sp,11ST <T ug" Jut& 23 2009 5 t 005 a X PAGE FRS`" 6! 23 / 2009 8 : 24 :19 AM CN A er Western Surety Company POWER Or ?ATTORNEY - CERTIFIED COPY Bond No. 70744344 Know ,Ul Man By These Presents, that WESTE V4 SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and Laving its principal ofitre in Sioux Falls, South Dakota (the "Carnpatny ), does by these presents stake, constitute and appoint Grrgo_ry Owen Harmon its true and lawful attorney(s)-in-bet, with full powe: and authority hereby conferred, to execute, admowtedge and deliver for and on its behalf as Surety, boad3 for: Principal: Bradley Garrett dba Garrett Excavation b Demolition Obligee: City of Fort Worth Environmental Management Dept. Amount,: $500, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do wttivn the above stated litnitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company %hich remains in full force and effect. "Socticn 7. All bonds, policies, undertakings, ]towers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant SeLretary, Treasurer, or any Vice President or by such other officers as t he Board of Directors may authorize. Thu President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appcirt Attorneys in Fact or agents who shall l are authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is act necessary for the validity of any bonds, polices, undertakings, Powers of Attorney or other obligations of the rorpe ahan The signahire of any scu:h oner And th 3 corporate %Pal m,tv he printed by farcimil►." All authority hereby conferred shall expire and I erminate, without notice, unless used before midnight of Seotenber 25 2009 —,but until such time shall be irrevocable and in full force and effect. In Witness Whereof~ Western Surety Company has cauaed these presents to be tigned by its Senior Vice President, Paul T. Brufiat, ssa and its cot June 2009 g_al-to be affixed this _!5t1i day of WE8 SURE COMPANY :!s • l�T, �e •u �Ro '41 y �t Paul T. Brutfla enior Vice President ST-©TA Ss Sr• On this 25 th day of June , in the year 2009 , before mt a notary pnhlir., personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he sighed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. i D. KRELL lop i•�1iOTARY PY6LiCr 4J�4�.tp.ilic - South Dakota SOVTH DAttM s 1 My Commission Expires November 30, 2012 ns I tho cmder6gned officer of Western Surety Cc mpany, a Stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney it in full force and effect and is irrevocable, and furtitermore, that Section 7 of the bylaws of the Company as sat, fnrth in the Power of AttorneW k now in fnrea. In testimony whereof, I have hereunto set my h utd and seal of Western Surety Company this 25 th day of me June , 2009 4��EST R SURE COMPANY v.,..., ct3ns.u.Irna No 2.9. Disadvantage Business Enterprise (DBE) Utilization Requirements A DBE goal of 11 percent has been established for this contract. Contract Assurance - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Contractors shall make a good faith effort to subcontract with or purchase supplies from DBE firms. Contractors shall meet or exceed the stated goal or submit documentation of good faith effort for all applicable contracts to permit a determination of compliance with the specifications. DBE documentation consists of the Special Instructions to Bidders, the Subcontractor Utilization Form, the Prime Contractor Waiver Form, the Good Faith Effort Form, and the Joint Venture Form. Copies can be obtained from the City's DBE Office OR the following City of Fort Worth website: http://www. fortworthgov. orglmwbe/default. espx?id=368&terms=MWBE%20OFFICE&sea rchtvpe=l &fragment=False 2.9.1. If Contractor equals or exceeds the project goal, they must submit the Subcontractor Utilization Form or the Joint Venture Form. 2.9.2. If Contractor does not have subcontracting and/or supplier opportunities, they must submit the Prime Contractor Waiver Form. 2.9.3. If Contractor has subcontracting and/or supplier opportunities but does not -- include DBE participation in an amount which equals or exceeds the project goal, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. .r 2.9.4. If Contractor has subcontracting and/or supplier opportunities but does not include any DBE participation, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. All DBE firms must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division. For the purpose of determining contract compliance under the DBE program, businesses listed as DBE within the Utilization Plan must be certified as such prior to a recommendation for award being made to the City Council. Contractor shall submit the Subcontractor Utilization Form and/or the Good Faith Effort Form or the Prime Contractor Waiver Form, or the Joint Venture Form ("and documentation") as appropriate. The Environmental Management Department must receive the documentation no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date. Contractor shall obtain a receipt from an employee of the Environmental Management Department. Such receipt shall be evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the 2-14 responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the DBE requirements and documentation, shall render the bid non -responsive. The Good Faith Effort documentation shall demonstrate the Contractor's commitment and honest efforts to utilize DBE(s). The burden of preparing and submitting the Good Faith Effort information is on the Contractor and will be evaluated as part of the responsiveness to the bid/proposal. A Contractor who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non -responsive and possible debarment. Questions about DBE requirements may be directed to the City's DBE Business Office at 817.392.6104. Check the appropriate box/boxes: ® The following DBE documents are included in this bid submittal, following this page, bound within the response: X Subcontractor Utilization Form Joint Venture Form x Prime Contractor Waiver Form X Good Faith Effort Form ❑ DBE documents will be delivered to the Environmental Management Department' no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date. Prompt Payment - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both DBE and non -DBE subcontractors. CONTRACTOR: Garrett Excavation & Demolition Signature Company Bradley J Garrett 6/25/2009 A Name Date Owner Title NOTE. The Environmental Management Department's Administrative Offices are located in the City Hall Annex, 908 Monroe Street, 70 Floor, Fort Worth, Texas 76102. The Department's mailing address is 1000 Throckmorton, Fort Worth, Texas 76102. 2-15 FORT WORTH City of Fort worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY �If the total dollar value of the contract Is $26,000 or more, the DBE goal Is applicable. If the total dollar value of� the contract is less than $25„000„ the DBE goal is not applicable. ,. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises (DBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid. +r DBE PROJECT GOALS The City's DBE goal on this project is 11 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's DBE program by either of the following: 1. Meet or exceed the above stated DBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. Th6 rtif::tl'te Di E documentation in person to the approp'riat empldyee d Fie ill gi .d part t and ot�ti tit �t:d el ii' ar ,T"Ipt. Such receipt shall be evidence that the City received the documehtafibh in,tl`li� time oflbcated: A;tax46opy Wilt not be accepted. 1. Subcontractor Utilization Form, if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated goal: 3. Good Faith Effort Form, if no participation: 4. Prime Contractor Waiver Form: 5. Joint Venture Form, if goal is met or exceeded: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY'WITH THE CITY'S DBE PROGRAM, WILL RESULT IN THE BID BEING 4CONSIDIM90 NON-RSSPbN'SNE 10*01901IFICAYIONS Any questions, please contact the MIWBE Office at (817) 392-6104. Rev. 11 / 11 /05 ATTACHMENT 1A Page 1 of 3 FORT WORTH —"`�•. — CITY OF FORT WORTH Disadvantaged Business Enterprise Schedule of Subcontractors/Suppliers PRIME COMPANY NAME: Garrett Excavation & Demolition ❑ DBE Removal of Asbestos Containing Materials & Demolition of Structures 6/25/2009 PROJECT NAME: at Sninks Airvorr_ BID DATE: PROJECT NUMBER: DEM 09-09: SPINKS I CITY'S DBE PROJECT GOAL: 11 % I I Prime's DBE GOAL COMMITMENT: 18.40 % Please read the following statements prior to executing this form. Bidders/Offerors must provide information on all prospective subcontractor(s)fsuppliers who submit bids/quotations in support of this solicitation. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 6:00 p.m. five (6) City business days after bit opening, exclusive of bid opening date, will result in the bid being considered non -responsive to the bid specifications. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including i DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will •substantiate the actual work performed by the DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation ,of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant Le. a direct payment from the prime contractor to a subcontractor is considered 1*t tier, a payment by a subcontractor to its supplier is considered 2nd.tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a DBE and counting those dollars towards meeting the contract committed goal. Prime contractors must also provide the previous year's annual gross receipts of all subcontractors/suppliers listed on the utilization form. This Information may be expressed in the dollar ranges provided that column. ,Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacture nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the prime contractor is responsible to identify the amounts to be used toward the committed DBE goal. If hauling services is utilized, separation of dollars for haul -in and haul out is required. In addition, the prime will be given credit for utilizing a DBE hauling firm as long as the DBE owns and operates a least one fully licensed and operational truck used on the contract. The DBE may lease trucks from another DBE firm, including DBE owner - operated and receive full DBE credit The DBE may lease trucks from non -DBEs, including owner -operators, but will only receive credit for the fees and commissions learned by the DBE as outlined in the lease agreement. Note: Be mindful of the 60% rule. Rev. 5-30-03 ATTACHMENT 1A FORT WORTH Page 2 of 3 CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTORS/SUPPLIERS Check this box ❑ if any subcontractorlsupplier is a Sole Source and identify by writing sole source by the subcontractorlsupplier name. NAMES AND ADDRESSES OF TYPE OF WORK TO BE PERFORMED Specify CERTIFIED DBE PREVIOUS YEAR'S SUBCONTRACTORS/SUPPLIERS Tier FIRM ANNUAL GROSS RECEIPTS ( check one) Name: Total Abatement Systems Corp Type of Work: Asbestos Abatement 6142 State Hwy. 276 1st Yes _ No x _ less than $500K Address: Royse City, TX 75189 Certified By: x _ $500K to $2M Phone: 972-771-6919 NCTRCA $2M to $5M Fax: 972-771-6825 $ AMOUNT: 16, 738.23 TXDOT _ Email: danny@tascotx.com com y Other please attach DBE certification _ more than $5M Contact Person: u,; *oY B&ft�l�ias��e Inc. Name: ransit, TypeofWork: Hauling Services x 1916 Bridgestone Dr. Yes % No_ less than $500K Address: Corinth, TX 76210 2nd Certified By: _ $500K to $2M Phone: 214-803-3184 NCTRCA X $2M to $5M Fax: 940-497-0600 $ AMOUNT: 2,068.77 (Haul out only) TXDOT _ Email: amy.drew@centurytel.net Other please attach DBE certification —more than $5M Contact Person: ,,.„_, Name: Big C Little C Trucking Type of Work:Hauling Services X X Yes No_ _ less than $500K Address: 212 Harper Lane, Keller, TX _ 817-797-3141 1st Certified By: _ $500K to $2M Phone: 817-337-3073 Fax: $AMOUNT: NCTRCA X TXDOT $2M to $5M Email: Melissa Villescas 4, 000. 00 (haul out haul in) Other please more than $5M attach DBE certifkatlon — Contact Person: Name: DSD Commercial Concrete Type of Work: Install reinforced concrete Construction LLC Yes X No_ less than $500K Address: &steel wall 2315 E Loop 820 Ft. Worth, TY 1st By — $500K to $2M Phone: 817-284-5400 NCTRCAx Fax: 817-284-5404 $ AMOUNT: 8, 000. 00 TXDOT _ $2M to $5M Email: jslocomb@dsdconcrete.com aOth r cert�fple ws _ more than $5M Contact PQCI nn-mh Rev. 5-30-03 FORT WORTH NAMtS ANU AUURESStS OF SUBCONTRACTORS/SUPPLIERS Name: Address: Phone: Fax: Email: Contact Person: Name: Address: Phone: Fax: Email: Contact Person: ATTACHMENT 1A Page 3 of 3 CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTOR/SUPPLIERS TYIY'IE OF WORK TO BE PERFORMED Specify ' CERTIFIED DBE PREVIOUS YEAR'S Tier FIRM ANNUAL GROSS RECEIPTS ( check one) Type of Work: Yes _ No_ _ less than $500K Certified By: NCTRCA — $500K to $2M TXDOT $ AMOUNT: Other pi... — $2M to $5M attach DBE cermicatlon _ more than $SM Type of Work: Yes _ No— _ less than $500K Certified By: — $500K to $2M NCTRCA $ AMOUNT: TXDOT — $2M to $5M Other piettw more than $5M attach DBE cortUkation — The undersigned bidder agrees to enter into a formal agreement with the DBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications. AL DBES MUSTBECERTIFIED BY THE CITY OF FORT WORTH PRIOR TO A RECOMMENDATION FOR AWARD TO THE CITY COUNCIL. Authori Signature Printed Si nature owner Bradley J Garrett / Owner Title Contact Name and Title (if different) Garrett Excavation & Demolition 817-426-0082 817-426-2307 Company Name Phone Number Fax Number 312 Faith Ct. garrett_demolition®sbcglobal.net Address Email Address Burleson, TX 76028 6/25/2009 City/State/Zip Code Date Rev. 5-30-03 i � s EM ATTACHMENT 1 B City of Fort Worth Page 1 of 1 Disadvantage Business Enterprise Specifications Prime Contractor Waiver Garrett Excavation & Demolition Removal of ACM & Demolition of structures @ Spinks Prime Company Name Project Name 6/25/2009 DEM 09-09: SPINKS Bid Opening Date Project Number Airport If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Manaaina Department on or before 5:00 D.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non -responsive to bid specifications. Will you perform this entire contract without subcontractors? Yes x No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes x No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including DBE(s) on this contract, the payment therefore and any proposed changes to the original DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Owner Title Garrett Excavation & Demolition Company Name 312 Faith Ct. Address Burleson, TX 76028 City/State/Zip Bradley J Garrett Printed Signature Bradley J Garrett Contact Name (if different) (817) 426-0082 (817) 426-2307 Phone Number Fax Number garrett_demolition@sbcglobal.net Email Address Date 6/25/2009 Rev. 5/30/03 24 .• ATTACHMENT IC Page 1 of 3 FORT NORTH City of Fort Worth Disadvantage Business Enterprise GOOD FAITH EFFORT Garrett Excavation & Demolition 6/25/2009 Prime Company Name Bid Date Removal of ACM & Demolition of Structures at Spinks Airport DEM 0909: SPINKS Project Name Project Number If you have failed to secure DBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the DBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 6:00 p.m. five (6) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a DBE or non -DBE. On Combined Projects, list each subcontracting and or supplier opportunity through the 2"d tier. (Use additional sheets, if necessary) List of: Subcontractina Opportunities Asbestos Abatement let Tier Waste Haul off 2nd Tier Trucking & Hauling 1st Tier Concrete Walls 1st Tier List of: Supplier Opportunities Equipment Fuel Fill Dirt 2.) Obtain a current (not more than three (3) months old from the bid open date) list of DBE subcontractors and/or suppliers from the City's M/WBE Office, Rev. 5130/03 w 00 X Yes No ATTACHMENT 1C Page 2 of 3 Date of Listing 06 / 11 / 2009 3.) Did you solicit bids from DBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? x Yes If yes, attach DBE mail listing to include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from DBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? x Yes If yes, attach list to include name of DBE firm, ep rson contacted, No phone number and date and time of contact. NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide DBE name, date, time, fax number and documentation faxed. NOTE: If the list of DBEs for a particular subcontracting/supplier opportunity is ten or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of DBEs for a particular subcontracting/supplier opportunity is ten or more, the bidder must contact at least two-thirds of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential DBEs or information regarding the location of plans and specifications in order to assist the DBEs? x Yes No 6.) Submit documentation if DBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the DBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in -camera access to a inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection Cactus Systems Inc 817-626-4791 Nelda Hall Asbestos Abatement Bid too high Clean Air Remediation 214-324-1080 Sylvester White Asbestos Abatement Bid too high Empire Environmental 214-327-3653 George Asbestos Abatement Never received bid Nations Environmenta3 972-725-934E Tonya Asbestos Abatement Dii not respond to fax of call North Star Abatement 972-288-0110 G. Lopez Asbestos Abatement Never received bid Response Remediation 972-907-87721 Jesse Hinojosa Asbestos Abatement Not interested in bidding USA Environmental Group 214-752-8424 Receptionist Asbestos Abatement Not able to bid..estimator out of town American Environmental 817-417-4591 Adam Hewitt Asbestos Abatement No bid TEC Environmental 972-524-9966 Brian Smith Asbestos Abatement Bid was too high ADDITIONAL INFORMATION: Intercon Environmental & RNDI advised that they would be bidding the project as prime contractor. Abacus Environment is a consultant. Cuevas Distribution is not an abatement firm. Dtech Services is a consultant. Ponce Contractors on Garrett's "DO NOT CALL" list. Ranken Environmental is a consultant. Rev. 5/30/03 ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain DBE participation on this project. Please see attached list of M/WBE Business' that were contacted for subcontracting opportunities. Please see attached documentation. Bidding as a Prime Contractor we were able to meet and exceed the City of Fort Worth's DBE Project goal of llf The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the DBE(s) listed was/were contacted in good faith. It is understood that any DBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signatu a Printed Signature Owner Title Bradley J Garrett / Owner Contact Name and Title (if different) Garrett Excavation 6 Demolition 817-426-0082 Fax 817-426-2307 Company Name Phone Number Fax Number 312 Faith Ct. Address garrett_demolition®sbcglobal.net Email Address Rev. 5130103 Burleson, TX 76028 City/State/Zip no we Us r 6/25/2009 Date ATTACHMENT 1C Page 4 of 3 Rev. 5130103 06-11-09;10:43AM; # 1/ 6 M A Is FORTWORTH June 11, 2009 Garrett Excavation & Demolition , Post-Ir Fax Note 7671 312 Faith Ct. T Burleson, TX 76028 Project: I Dear April Collmar, �D�,��/0� Ipage9� �50UX4— ,Phon / J e�/d FAX -?-+ Per your request, our office is providing the attached listings to assist you in your efforts to utilize M/WBE sub -contractors and/or suppliers in the following commodities: YOUR REOUEST: LISTINGS STNT: Asbestos Abatement Asbestos Abatement Engineering, Environmental and Geotechnical Engineering, Environmental and Geotechnical Environmental and Geotechnical Consulting Services Environmental and Geotechnical Consulting Services Erosion Control Services/Devices (includes Gabion Work)Erosion Control Services/Dcviccs (includes Gabion Work) The attached listings can be utilized up to three months from the date of this letter, per the City of Fort Worth's Minority/Women Business Enterprise (M/WBE) Ordinance #15530. If additional commodities are needed within this 3-month period, please contact this office and your request will be processed immediately. Thank you for your interest and if the M/WBE Office can be of further assistance feel free to call anytime, 817-392-6104. Sincerely IMY Alerowm du ECONOMIC AND COMMUNITY DEVELOPMENT MiNORITY(Y+IOMEN BUSINESS ENTERPRISE I THE CITY OF FORT WORTH ' 808 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 Phone (817) 392-6104 * rax (817) 3 92-694 5 L—1 I LMINOR161WWOf I3USASS EI ROMS1 VISCLAIuttR I Please be adsthat the City of Fort Worth does not make any recommendations as to the capability or qualifications of any of these businesses to perform the work required on City cot�iracts. "lice City, therefore; %ill not guarantee, recommend or giwe warranty or other assurances as to the competency and/or fitness of certified PAJIMBE firms. At the present time, this list of certified M/WBE firms is being formulated and maintained by the North Central Texas Regional Certification Agency (NCTRCA) solely for the purpose of disseminating information of the availability of M!%VBE businesses for the City. eo These listings undergo continual revisions. The City of Fort Korth will accept certification of a vendor by the NCTRCA or Teas Department of Transportation (highway division) in the marketplaces prior to i AWARD of the contract. The marketplace area includes the counties of- Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. Please contact the MinorityAVomcn Business Enterprise Office at (817) 392-6104 for any subsequent change(s) and/or questions If a certified vendoes name does not appear on the listing(s), please call the &V%VBE Office to verify. v= NOTE: An Offeror will be given credit toward the MAYBE goal only when the MAYBE supplier perfoms a commercially useful finction. A M/WBE supplier is considered to have performed a commercially ;5 useful function %when the MAVSE supplier is a manufacturer or a regular dealer. As defined in City Ordinance 15330, a Regular Dealer is a firm that owns, operates, or maintains a store, a warehouse or other +7 establishments in which the materials or supplies required for the contract are bought, kept in stock, and are regulady sold retail or wholesale. A Manufacturer is one that manufactures a product by hand or D machinery suitable for uses, the process of making wares. It is the responsibility of the Offeror to assure that the MAYBE supplier it list toward mating the stated contract goal, also meet the City's K requirements for a Manufacturer or Regular Dealer. - NIMBE Contractors Alphabetical SIC Listing FIRM ABORESS CITY 00179904 ASBESTOS ABATEMENT � .) 4bacus Environment, Inc. 5480 La Sierra Drive lC`� Dallas Vtoctus System Incorporated 222 W. Exchange Avenue, Suite 106 Fort Worth ,/Clean Air Remediation Environmental P.O. Box 875 Rowlett Services Cuevas Distribullon, ktc. "�� ` 3719 N. Main Street (t44 _,, Fort Worth a(Dtech Services `` -- 624 Six Flags Drive, Suite 130(cowsi tG%VIA Arlington Empire Environmental Group 11420 E. Northwest Highway, Suite 107 Das ` ,4niereon Environmental. Inc, W1 t cc tiIA 2214 FM 1187 Building 6 (Wt (1 �!t .irlSaS sfield 1 Medtronix Solutions USA LLC 503 Castleford Drive Allen ✓Nations Environmental Services, kte. w,North Star Abatement Corporation P.O. Box 210857 Dallas P.O. Box 222069 -3bPez r1�AWa6('3kAd-C&n Dallas )!Ponce Contractors, Inc. N O ! ! 6430 Brentwood Stair Drive Oo ACT CAL 1,0wN tj Fort Worth 9 Ouallty Air controllers. Inc. 1002 N. Central Expressway. Suite 301 Richardson vaRanken Envirownental, LLC P.O. Box 118470 rtt6iet�Drarnl4rlL1t.(`Ow1 Carrollton .,Response Rernediation Services Company 1701 North Greenville Avenue. Suite 503 Richardson ✓RNDI Companies. Inc. kill called 500 Turtle Cove. Suite 1076411! bt Volal[)tt4� Rockwall "SA Environmental Group. Inc. 315 Yorktown Street,',pvt Dallas 6/11/2009 ST ZIP PHONE FAX TX 75231 (214) 363-0099 (214) 363-3919 TX 76106 (817) 626-4791 (817) 626-4725 TX 75030 (214) 324-1080 J214) 324-7572 TX 76106 (817) 626-7110 (817) 626-7316 TX 76011 (817) 695-6519 (817) 385-0965 TX 75218 (214) 327-3653 (214) 321-5669 TX 76063 (817) 477-9995 (817) 477-9996 TX 75013-3049 (469) 767-9645 (972) 747-7126 TX 75211 (972) 725-9345 (972) 725-9346 TX 75228 (972) 288-0110 (972) 2WO330 TX 76112 (817) 496-3700 (817) 4963110 TX 75080 (972) 437-2100 (972) 437-6338 TX 75011 l.(2N 797-9974 (972) 236-2123" TX 75081 (972) 907-8772 (214) 722-0553 TX 75087 (214) 771-3977 (214) 771-3988 TX 75208 (214) 752-8424 (214) 752�8414 V - �ic�/ C& n g , I to 1 of 1 m 312 Faith Ct. Burleson, TX 76028 817426-0082 Office 817426-2307 Fax garretLdemolitionasbcglobal.net Fax To: USA Environmental Group, Inc Fax: 2 j14-752-8414 Phone: Re: City of Fort Worth: Fine Station #5 and Spinks Airport Abatement From: April Collmar Pages: 3 Date: 6/11= cc: Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: To Whom It May Concern: We would like to request a quote from your firm for the abatement portion of the above referenced projects. Please let me know if you are interested in bidding either of these projects. Feel free to contact our office if you require additional information. Thank you, April Collmar Garrett Excavation _Demolition From: Garrett Excavation & Demolition[garrett_demoli6oni§sbcglobal.net] -wnt: Wednesday, June 17, 200911:39 AM o: 'jhinojosa@hyphengroupinc.com' Subject: Fort Worth Spinks Airport & Fire Station Abatement Attachments: RFQ_RRS.pdf = Please see the attached request that was faxed to your firm on 6/11. 1 appreciate you taking the time to talk with me today. If you decide that you are interested in bidding either of these projects then I will email the specs over to you. April Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 Email Qarrett demolition(«@sbcglobal.net _ _ I�0 reQ(� lDaS evQv YiZC�_ tVek 312 Faith CA. Burleson, TX 76028 817-426-0082 Office 817-426-2307 Fax garrets demolibonQsbcglobal.net 40 To: Response Remediation Services From: April CoOmar Fax: 214-722-0553 Pages: 3 Phone: Date: &11/09 Re: City of Fort Worth: File Station #5 and ccs Spinks Airport Abatement Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: To Whom It May Concern: We would like to request a quote from your firm for the abatement portion of the above referenced projects. Please let me know if you are interested in bidding either of these projects. Feel free to contact our office if you require additional information. Thank you, April Collmar — 4vne to . Jh tVr►U sr- ���'e'�P�tnc. c9 rv� � h 04 � t�4� 1u l i\ n0C Y- Iv1 nL balc) k UPV v YI-5�s �yo)ea cv,d � w��l �s�`i��'�-Ea bou. _- INVITATION TO BID FORTWORTH CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 PROJECT: D EM 09-10: FS #5 ASBESTOS ABATEMENT AND DEMOLITION OF STRUCTURES FOR NEW FIRE STATION #5 FORT WORTH, TEXAS May 12, 2009 Company Name rrrr= City, State, Zip Date �CLA� ec�NVl ATIONTO BID FORTWORTH CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 TH ROCKM ORTON FORT WORTH, TEXAS 76102 PROJECT: DEM 09-09: SPINKS REMOVAL OF ASBESTOS -CONTAINING MATERIALS AND DEMOLITION OF STRUCTURES AT SPINKS AIRPORT FORT WORTH, TEXAS May 12, 2009 vu, Company Name Address �.� City, State, Zip Date Garrett Excavation _Demolition From: jesse jjhinojosaiChyphengroupinc.com] a�nt: Wednesday, June 17, 2009 11:43 AM "To: Garrett Excavation & Demolition Subject: Delivered: Fort Worth Spinks Airport & Fire Station Abatement Attachments: details.txt Your message was delivered to the recipient. to CIO 1 AW Garrett Excavation -Demolition prom: jesse Ohinojosa@hyphengroupinc.comj went: Wednesday, June 17, 2009 11:43 AM _o; Garrett Excavation & Demolition -- Subject: Read: Fort Worth Spinks Airport & Fire Station Abatement Attachments: details.txt Your message was read by the recipient. Garrett Excavation _Demolition From: Jesse Hinojosa UHinojosa@hyphengroupinc.com] Garrett Excavation & Demolition "sent: Wednesday, June 17, 2009 11:43 AM .�, Subject: Read: Fort Worth Spinks Airport & Fire Station Abatement Your message no .e ft 312 Faith Ct. Burleson, TX 76028 817426-0082 Office 817426-2307 Fax garrettdemolition(Msbcglobal.net o _ FaX To: Ranken Environmental From: April Collmar Fax: 1-972-236-2123 Pages: 2 Phone: Date: 6/11 /09 Re: City of Fort Worth: Fire Station #6 and cc: Spinks Airport Abatement no Urgent 13 For Review ❑ Please Comment 0 Please Reply O Please Recycle e Comments: To Whom It May Concern: We would like to request a quote from your firm for the abatement portion of the above referenced projects. Please let me know if you are interested in bidding either of these projects. Feel free to contact our office if you require additional information. Thank you, April Collmar qqL Inti V r1r1 "c-�— r Garrett Excavation _Demolition c•om: reggie@rankenllc.com Monday, June 22, 200911:21 AM Garrett Excavation & Demolition Subject: Re: City of Fort Worth Fire Station #5 & Spinks Airport Abatement & Demo Thank you for your consideration. We are.an Environmental consulting company and it looks like IHST is doing the consulting on this project. I have forwarded this information on to two of the WBE contractors that we do work with if that helps. ' Brian P. Smith T.E.C. Environmental, Inc. WBE d HUB Certified Post Office Box 1449 Terrell, Texas 75160 -- T:972-524-9966 M:214-325-2411 _ F:972-524-3780 E: bscirayco@sbcglobal.net And w Sandra Bell with H & K Environmental -nielb303O@vahoo.com r.-ft/ Thanks again, Reggie Neal Vice President RANKEN ENVIRONMENTAL, LLC. .� P.O.Box118470 Carrollton, Texas 75011 E: reeQiePrank enllc.com P : 214-797 -997 3 F:972-236-2123 -----Original Message ----- From: Garrett Excavation & Demolition [mailto:garrett demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 03:06 PM To: reggie@rankenllc.com Subject: City of Fort Worth Fire Station #5 & Spinks Airport Abatement & Demo r-rom: Garrett Excavation & Demolition [mailto:garrett demolition@sbcgiobal.net] ant: Wednesday, June 17, 2009 2:06 PM To: 'reggie@rankenlic.com' '� Subject: City of Fort Worth Fire Station #5 & Spinks Airport Abatement & Demo From: Garrett Excavation & Demolition [mailto:garrett demolition@sbcglobal.net] "-nt: Wednesday, June 17, 2009 2:05 PM —.: 'reggie@rankenllc.com' Subject: City of Fort Worth Fire Station #5 & Spinks Airport Abatement & Demo From: Garrett Excavation & Demolition [mailto:garrett demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 2:02 PM To: 'reggie@rankenllc.com' Subject: City of Fort Worth Fire Station #5 & Spinks Airport Abatement & Demo Reggie, Please find attached the specs and info for the Fire Station & Spinks Airport. I will be sending a few separate email with all the information. Feel free to contact our office if you require additional information. April Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 r Email Barrett demolition( a�sbcplobal.net am oft am 2 Garrett Excavation _Demolition From: glopeznstarcorp@aol.com a�nt: Monday, June 22, 2009 6:02 PM _fo: Garrett Excavation & Demolition Subject: Re: Read: Spinks Airport & Fire Station #5 Abatement quote We will be sending a proposal ------Original Message ------ From: Garrett Excavation & Demolition To: glopeznstarcorp@aol.com Subject: RE: Read: Spinks Airport & Fire Station #5 Abatement quote Sent: Jun 22, 2009 4:09 PM r Please let me know if you will providing us with a bid for either of these projects. -----Original Message ----- From: glopeznstarcorp@aol.com[mailto:glopeznstarcorp@aol.com] + Sent: Thursday, June 18, 2009 4:57 AM To: Garrett Excavation & Demolition Subject: Read: Spinks Airport & Fire Station #5 Abatement quote Your message was read by the recipient. Sent from my Verizon Wireless B1ackBerry , 4 rM 1 312 Faith Ct. Burleson, TX 76028 817-426-0082 Office 817-426-2307 Fax garrett_demoifbonasboglobal.net FaX To: North Star Abatement Corp Fax: 972-288-0330 Phone: Re: City of Fort Wbrth: Fire Station #5 and Spinks Airport Abatement from: April Collier Pam: 2 Date: 6111/09 cc: Urgent ❑ For Review O Please Comment ❑ Please Reply O Please Recycle • Comments: To Whom It May Concern: We would like to request a quote from your firm for the abatement portion of the above referenced projects. Please let me know if you are interested in bidding either of these projects. Feel free to contact our office if you require additional information. Thank you, April Collmar Garrett Excavation _Demolition crom: Garrett Excavation & Demolition Igarrettdemolition@sbcglobai.net] _,/pant: Wednesday, June 17, 2009 9:47 AM moo; 'glopeznstarcorp@aol.com' Subject: Spinks Airport & Fire Station #5 Abatement quote Attachments: 090601_DEM ADD1.pdf; 090608_DEM_addendum.pdf To Whom It May Concern: We faxed over a request for quote on the abatement portion of the above referenced projects on 6/11/09. Please find attached the addendums that have been issued on both projects. Please feel free to contact our office if you require additional information. April Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 Email earrett demolitionPsbcelobal.net 1 Garrett Excavation _Demolition prom: glopeznstarcorp@aol.com „/ent: Thursday, June 18, 2009 4:55 AM To: Garrett Excavation & Demolition Subject: Delivered: Spinks Airport & Fire Station #5 Abatement quote Attachments: details.txt Your message was delivered to the recipient. an r r 2.1 1 Garrett Excavation _Demolition From: glopeznstarcorp@aol.com ,ent: Thursday, June 18, 2009 4:57 AM f-040: Garrett Excavation & Demolition .d Subject: Read: Spinks Airport & Fire Station #5 Abatement quote Attachments: details.txt Your message was read by the recipient. Garrett Excavation _Demolition From: Garrett Excavation & Demolition [garrettdemolition@sbcglobal.net] lent: Monday, June 22, 2009 4:09 PM f-01o: 'glopeznstarcorp@aol.com' as Subject: RE: Read: Spinks Airport & Fire Station #5 Abatement quote Please let me know if you will providing us with a bid for either of these projects. -----Original Message ----- From: glopeznstarcorp@aol.com[mailto:glopeznstarcorp@aol.com] Sent: Thursday, June 18, 2009 4:57 AM To: Garrett Excavation & Demolition Subject: Read: Spinks Airport & Fire Station #5 Abatement quote Your message was read by the recipient. ..0 I Garrett Excavation _Demolition From: glopeznstarcorp@aol.com IWXnt: Monday, June 22, 2009 4:09 PM Garrett Excavation & Demolition Subject: Delivered: RE: Read: Spinks Airport & Fire Station #5 Abatement quote Attachments: details.txt -- Your message was delivered to the recipient. 1 312 Faith Ct. Burleson, TX 76028 817-426-0082 Office 817426-2307 Fax garrett demol'dbnQsbcgbbal.net _ FaX To: Nations Environmental Services Fax: 972-725-9346 Phone: Re: City of Fort Worth: Fire Station #5 and Spinks Airport Abatement Froms Aprg Collmar Pages: 3 Date: 6/11 /09 cc: Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle e Comments: To Whom It May Concern: We would like to request a quote from your firm for the abatement portion of the above referenced projects. Please let me know if you are interested in bidding either of these projects. Feel free to contact our office if you require additional information. Thank you, April Collmar t � N . • 1 t ` •� �IJ /i� / A i l� Garrett Excavation _Demolition from: glopeznstarcorp@aol.com Sent: Monday, June 22, 2009 4:40 PM To: Garrett Excavation & Demolition Subject: Read: RE: Read: Spinks Airport & Fire Station #5 Abatement quote Attachments: details.txt Your message was read by the recipient. 'A Garrett Excavation _Demolition From: Garrett Excavation & Demolition[garrett_demolition@sbcglobal.net] lent: Wednesday, June 17, 200910:36 AM `moo: 'empireenvirog@msn.com' Subject: FW: Spinks Airport & Fire Station #5 George, I apologize, I did send this request to you on 6/11. 1 guess this can serve as a reminder! Please let me know if you will be bidding either of these projects. Thanks for your time. April Collmar Garrett Excavation & Demolition 817-426-0082 Office 817-426-2307 Fax From: Garrett Excavation & Demolition [mailto:garrett demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 9:39 AM To: 'empireenvirog@msn.com' Subject: Spinks Airport & Fire Station #5 George, I believe that I already sent you this request, but we would like request a quote from your firm for the abatement -lortion of the above referenced projects. Please let me know if you require additional information. April Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 Email Barrett demolition@sbcelobal.net — � [0't <Y4 aoahv -Qrna'u( 1 Garrett Excavation _Demolition From: Garrett Excavation & Demolition [Barrett_demoiibon@sbcgiobal.net] ent: Monday, June 22, 2009 4:20 PM o: 'empireenvirog@msn.com' Subject: FW: Spinks Airport & Fire Station #5 Please let me know if your firm will be bidding this project. From: Garrett Excavation & Demolition [mailto:garrett demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 10:36 AM To: 'empireenvirog@msn.com' Subject: FW: Spinks Airport & Fire Station #5 George, I apologize, I did send this request to you on 6/11. 1 guess this can serve as a reminder! Please let me know if you will be bidding either of these projects. Thanks for your time. April Collmar Garrett Excavation & Demolition 817-426-0082 Office 817-426-2307 Fax prom: Garrett Excavation & Demolition [mailto:garrett demolition@sbcglobal.net] "Nwdent: Wednesday, June 17, 2009 9:39 AM To: 'empireenvirog@msn.com' Subject: Spinks Airport & Fire Station #5 George, No 1 believe that I already sent you this request, but we would like request a quote from your firm for the abatement portion of the above referenced projects. Please let me know if you require additional information. April Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 Email garrett demolition@sbcizlobal.net 1 M [---A VIA TO EMATL Attn: April Collmar C.A.R.E. S . Clean Air Remediation Environmental Services PROPOSAL June 24, 2009 REFERENCE: Abatement of Building 23 Located at 12745 Wildcat Way North, Building 24 located at 12745 Wildcat Way North an Building 25 located at 12741 Wildcat Way North SCOPE OF WORK: Removal and disposal of ACM building material as per Part 1 General Section, Asbestos Removal Specifications 1.1.2 Extent of Work from each building mentioned above. Ms. Collmar, _ We propose to furnish all labor, materials and transportation for the removal and disposal of asbestos containing materials from the above -mentioned areas as per walk through. ASBESTOS REMOVAL COST....................................................29,500.00 Additional Cost for removal and disposal of contaminated water from basement And tunnel areas.......................................................................7, 200.00 The proposed sum includes: A). Project coordination with Owner and/or Owner representative. B). A full time licensed Superintendent will be at the job site for the extent of the entire project. Additionally, CARES foremen and abatement technicians are licensed and experienced and provide the labor portion for successfully completing each project. Q. Air Monitoring to be performed by an independent lab. D). A frill week notice to CARES will be required to efficiently expedite mobilization. E). Labor is based on working Monday through Friday, 8 hours per day, for site preparation and removal G). CARES will subcontract the waste hauling and disposal to an independent, certified and licensed firm specializing in waste transporting. The waste will be disposed of in a federal/state-approved landfill H). OWNER OR OWNER REPRESENTATIV IS REPONSIBLE FOR WATER AND ELECTRICAL — I). ANY ADDITION WORK, WILL BE CHARGED TO THE OWNERS J). Payment is due within 30 days after completion of project. We appreciate this opportunity and look forward to discussing any questions or clarifications that you may have regarding this proposal. Please do not hesitate to call me at (214) 324-1080. Sincerely, Garrett Excavation _Demolition From: Garrett Excavation & Demolition [garrett demolition@sbcglobal.not) Sent: Tuesday, June 23, 2009 5:20 PM Mf"OoTo: 'CARES' Subject: Spinks & Fire Station 5 Just a reminder to send your bids no later than 10 am tomorrow morning in order to be considered. M. April Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 Email karrett demolition@sbcRIobal.net w 312 Faith Ct. Burleson, TX 76028 817426-0082 Office 817426-2307 Fax garrett-demol!Uon@sbogtobal.net Fmc To: CARES Fax: 214-324-7572 Phone: Re: City of Fort Worth: Fire Station #5 and Spinks Airport Abatement From: April Colmar Pages: 2 Date: 6111/09 Cc: Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle 9 Comments: To Whom It May Concern: We would like to request a quote from your firm for the abatement portion of the above referenced projects. Please let me know if you are interested in bidding either of these projects. Feel free to contact our office if you require additional information. Thank you, April Collmar 1'01r} cv�.ted remt4.v oo�d�q a►-Q Garrett Excavation _Demolition From: Garrett Excavation & Demolition[garrett_demolition@sbcglobal.net] ent: Wednesday, June 17, 2009 10:09 AM o: 'CARES' Subject: Spinks Airport & Fire Station #5 Abatement Just a reminder that we sent a request for quote from your firm on 6/11for the abatement portion of the above referenced projects. Please let me know if you will be bidding either of these projects or if you require additional information. Thanks, April Collmar Garrett Excavation & Demolition 817-426-0082 Office 817-426-2307 Fax From: CARES[maiito:cares2clean@sbcglobal.net] Sent: Tuesday, June 02, 2009 3:25 PM To: garrett_demolition@sbcglobal.net Subject: Co. Lic ��Clean Air Remediation 8035 E RL Thornton Frwy Ste 518E Dallas, TX 75228 214-324-1080 phone 214-324-7572 fax a" M I Garrett Excavation -Demolition From: CARES [cares2clean@sbcglobal.net] Sent: Wednesday, June 17, 2009 12:24 PM .Moto: Garrett Excavation & Demolition Subject: Re: Spinks Airport & Fire Station #5 Abatement yes I will be sending a bid, out of town now but I will get it to you. Thanks, off Sylvester Clean Air Remediation 8035 E RL Thornton Frwy Ste 518E Dallas, TX 75228 214-324-1080 phone 214-324-7572 fax --- On Wed, 6/17/09, Garrett Excavation & Demolition <garrett demolition@Sbcglobal.net> wrote: From: Garrett Excavation & Demolition <garrett_demolition@sbcglobal.net> Subject: Spinks Airport & Fire Station #5 Abatement To: "'CARES"' <cares2clean@sbcglobal.net> Date: Wednesday, June 17, 2009, 10:09 AM Just a reminder that we sent a request for quote from your firm on 6/11for the abatement portion of the above referenced projects. Please let me know if you will be bidding either of these projects or if you require additional information. Thanks, April Collmar Garrett Excavation & Demolition 817-426-0082 Office 817-426-2307 Fax from: CARES[mailto:cares2clean@sbcglobal.net] Sent: Tuesday, June 02, 2009 3:25 PM To: garret(_demolition@sbcglobal.net i �nawn),U/t.0 hzeincrt�° r-kj - rruw l�-r(Juy'j No 2.4. Cost The undersigned hereby proposes to famish the equipment, labor materials, superintendence, and any other hems or services necessary to complete the scope of services detailed in this Solicitation. Bids shall be firm priced offers unless otherwise specified. In the event of a discrepancy between unit price and extended price, the unit price shall govern. Subtotal 1 $ 35,200 *Quantities identified in this Bid Package are estimated by the building owner and/or his designee; the Contractor is responsible for verifying ail quantities. Contractors submitting Bids shall rely exclusively and solely upon their own estimates, investigation, research, tests, and other data, which are necessary for full and complete information upon which the Bid is to be based. it is mutually agreed that the submission of a Bid Is prima -fade evidence that the Contractor has made the Investigations, examinations, and tests herein required. Subtotal S 2-7 4k - �pvi,1w A7, rp #Y4 2.4. Cost The undersigned hereby proposes to furnish the equipment, labor materials, superintendence, and any other items or services necessary to complete the scope of ► services detailed in this Solicitation. i Bids shall be firm priced offers unless otherwise specified. In the event of a discrepancy between unit price and extended price, the unit price shall govern. Subtotal $ 20,160 *Quantities Identified in this Bid Package are estimated by the building owner ardor his designee; the Contractor is responsible for verifying at quantities. Contractors submitting Bids shall rely exclusively and solely upon their own estimates, Investigation, research, tests, and other data, which are necessary for full and complete Information upon which the Bid is to be based. it is mutually agreed that the submission of a Bid is prima -fade evidence that the Contractor has made the Investigations, examinations, and tests herein required. Subtotal S 2-7 Garrett Excavation _Demolition From: Garrett Excavation & Demolition [garrett demolition@sbcglobal.net] went: Tuesday, June 23, 2009 5:23 PM To: 'Cactus Systems, Inc.' Subject: RE: Spinks Airport & Fire Station #5 Abatement Just a reminder to submit your bids no later than 10 am tomorrow morning in order to be considered. From: Cactus Systems, Inc.[mailto:cactussystems@sbcglobal.net] Sent: Wednesday, June 17, 2009 10:22 AM To: Garrett Excavation & Demolition Subject: Re: Spinks Airport & Fire Station #5 Abatement Yes, we will supply you with a bid. Nelda CACTUS SYSTEMS, INC. 2315 N. Main Street, Suite 140, Fort Worth, TX 76164 Phone 817-626-4791 Fax 817-626-4725 Website www.cactussystemsinc.com A general construction contractor specializing in environmental remediation. From: Garrett Excavation & Demolition<garrett_demoiition@sbcglobal.net> To: "Cactus Systems, Inc." <cactussystems@sbcglobal.net> Sent: Wednesday, June 17, 2009 10:13:54 AM Subject: FW: Spinks Airport & Fire Station #5 Abatement Nelda, - I did email this request to you already on 6/11. Anyhow, please let me know if you will be providing us with a bid. ■ Thank you! From: Garrett Excavation & Demolition [maiito:garrett demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 9:34 AM To: 'Cactus Systems, Inc.' Subject: RE: Spinks Airport & Fire Station #5 Abatement Nelda, I believe that I already sent you this request, but we would like to request a quote from your firm for the Asbestos ■ Abatement portion of the above referenced projects. Please let me know if you require additional information. ./thanks! ■ April Collmar 1 Garrett Excavation _Demolition From: Cactus Systems, Inc. (cactussystems@sbcglobal.net] ent: Wednesday, June 17, 2009 10:22 AM o: Garrett Excavation & Demolition Subject: Re: Spinks Airport & Fire Station #5 Abatement Yes, we will supply you with a bid. Nelda CACTUS SYSTEMS, INC. 2315 N. Main Street, Suite 140, Fort Worth, TX 76164 Phone 817-626-4791 Fax 817-626-4725 Website www.cactussystemsinc.com A general construction contractor specializing in environmental remediation. From: Garrett Excavation & Demolition <garrett demolition@sbcglobal.net> To: "Cactus Systems, Inc." <cactussystems@sbcglobal.net> Sent: Wednesday, June 17, 2009 10:13:54 AM Subject: FW: Spinks Airport & Fire Station #5 Abatement —weld--, W w I did email this request to you already on 6/11. Anyhow, please let me know if you will be providing us with a bid. Thank you! From: Garrett Excavation & Demolition [mailto:garrett demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 9:34 AM To: 'Cactus Systems, Inc.' Subject: RE: Spinks Airport & Fire Station #5 Abatement Nelda, I believe that I already sent you this request, but we would like to request a quote from your firm for the Asbestos Abatement portion of the above referenced projects. Please let me know if you require additional information. Thanks! a April Collmar Garrett Excavation & Demolition 817-426-0082 Office ■ 817-426-2307 Fax '"IFrom: Cactus Systems, Inc.[mailto:cactussystems@sbcglobal.net] Sent: Wednesday, June 10, 2009 2:22 PM I No Garrett Excavation _Demolition From: Garrett Excavation & Demolition [Barrett_demolition@sbcglobal.net] 14ent: Wednesday, June 17, 2009 10:14 AM 0: 'Cactus Systems, Inc.' Subject: FW: Spinks Airport & Fire Station #5 Abatement Nelda, I did email this request to you already on 6/11. Anyhow, please let me know if you will be providing us with a bid. Thank you! From: Garrett Excavation & Demolition [maiito:garrett demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 9:34 AM To: 'Cactus Systems, Inc.' Subject: RE, Spinks Airport & Fire Station #5 Abatement Nelda, I believe that I already sent you this request, but we would like to request a quote from your firm for the Asbestos Abatement portion of the above referenced projects. Please let me know if you require additional information. Thanks! 9pril Collmar "No4arrett Excavation & Demolition 817-426-0082 Office 817-426-2307 Fax From: Cactus Systems, Inc.[maiito:cactussystems@sbcglobal.net] Sent: Wednesday, June 10, 2009 2:22 PM To: Garrett Excavation & Demolition Subject: Re: Fort Worth Alliance Abatment & Demo April, They changed the way they want the bid. They want unit prices and they put the quantities in, which are quite a bit over what the individual house quanties added up to. But, I think they want everyone's numbers based on the same quantity so they want unit pricing on these forms. That is my understanding. Nelda CACTUS SYSTEMS, INC. 2315 N. Main Street, Suite 140, Fort Worth, TX 76164 Phone 817-626-4791 Fax 817-626-4725 Website www.cactussystemsinc.com A general construction contractor specializing in environmental remediation. From: Garrett Excavation & Demolition<garrett_demolition@sbcglobal.net> To: "Cactus Systems, Inc." <cactussystems@sbcglobal.net> Garrett Excavation _Demolition =rom: adam@ae-si.com "Sent: Tuesday, June 23, 2009 5:26 PM To: Garrett Excavation & Demolition Subject: Delivered: FW: Fire Station #5 and Fort Worth Spinks Abatement Attachments: details.txt Your message was delivered to the recipient. Garrett Excavation _Demolition From: Garrett Excavation & Demolition [garrett_demolition@sbcglobal.net] Sent: Tuesday, June 23, 2009 5:25 PM ../to: 'Adam Hewitt' Subject: FW: Fire Station #5 and Fort Worth Spinks Abatement Just a reminder to submit your bids no later than 10 am tomorrow in order to be considered. From: Garrett Excavation & Demolition [mailto:garrett_demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 10:24 AM To: 'Adam Hewitt' Subject: Fire Station #5 and Fort Worth Spinks Abatement Adam, Please let me know if you going to bid either of these projects. Thanks, April From: Adam Hewitt [mailto:adam@ae-si.com] _ jent: Thursday, June 11, 2009 2:26 PM o: Garrett Excavation & Demolition Subject: Read: Fort Worth Spinks Abatement and Demo Your message Garrett Excavation _Demolition 7 Irom: Garrett Excavation & Demolition [garrett demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 10:24 AM To: 'Adam Hewitt Subject: Fire Station #5 and Fort Worth Spinks Abatement Adam, Please let me know if you going to bid either of these projects. Thanks, no April From: Adam Hewitt [mailto:adam@ae-si.com] Sent: Thursday, June 11, 2009 2:26 PM To: Garrett Excavation & Demolition Subject: Read: Fort Worth Spinks Abatement and Demo Your message W r tm 4 "', (C(-n ,�7N k VCU 0 Garrett Excavation _Demolition From: Garrett Excavation & Demolition [garrett demolit!on@sbeglobal.net] I ent: Wednesday, June 17, 200910:21 AM To: 'TEC Environmental' Subject: RE: City of Fort Worth - Spinks Airport - Asbestos Abatement Bid Thanks for submitting your bid on the Spinks Airport project. I received another bid from your firm for this project on 6/8 that was much cheaper! What happened to your numbers?? Are there any changes to your numbers for the Fire Station? Thanks for your time! April Collmar From: TEC Environmental [maiito:tecenvironmental@sbcglobal.net] Sent: Monday, June 15, 2009 9:08 AM To: tecenvironmental@sbcglobal.net Subject: Fw: City of Fort Worth - Spinks Airport - Asbestos Abatement Bid TEC Environmental, Inc. WBE & HUB Certified Post Office Box 1449 Terrell, Texas 75160 r: 972-524-9966 F: 972-524-3780 E: tecenvironmental s colobal.net --- On Mon, 6/15/09, TEC Environmental <tecenvironmentalQsbcglobaLnet> wrote: From: TEC Environmental <tecenvironmental a,sbcttlobal.net> Subject: City of Fort Worth - Spinks Airport - Asbestos Abatement Bid To: tecenvironnientalRsbcalobal.net Date: Monday, June 15, 2009, 7:04 AM Attached is an asbestos abatement bid for the City of Fort Worth Spinks Airport. Please do not hesitate to contact me if you have any questions or need additional information from our company while preparing your bid documents. We appreciate the opportunity to work with you. Sincerely, Raylan Smith Owner lTEC Environmental, Inc. WBE & HUB Certified Post Office Box 1449 Terre{{, Texas 75160 T: 972-524-9966 F: 972-524-3780 =: tecenvironmental@sbcolobal.net ow Im V" Post Office Box 1449 T . E . C ! Terren, Texas 75160 e n v i r o n m e n t a l Telephone: 972-624-9966 Facsimile: 972-524-3780 tecenvironmentalosbcglobal. net June 12, 2009 T.E.C. Proposal No. 6512-09A RE: Asbestos Abatement City of Fort Worth Environmental Management Department 1000 Throckmorton Fort Worth, Texas 76102 Asbestos Abatement— Spinks Airport Greetings: T.E.C. Environmental, Inc. ("T.E.C.') agrees to perform all of the services stipulated below at the price quoted for the completion of this project. There shall be no retainage of funds held for the payment of this project, unless otherwise specified and agreed upon by owner/representative and T.E.C. T.E.C.'s price for the asbestos abatement is quoted as follows and covers only areas specified below, should quantities be amended price is subject to change upon an addendum to this original proposal: Building 23 — removal of: 5,200 s.f. texture on walls 3,200 s.f. popcorn ceiling texture 600 s.f. 12"x12" floor the Subtotal: !F25,200.00 Building 24 — removal of: 1,500 s.f. texture on walls 110 s.f. popcorn ceiling texture 600 s.f. 12"x12" floor tile Subtotal: $5,430.00 Building 25 — removal of: 1,000 s.f. texture/joint compound walls & ceiling Subtotal: $7,250.00 T.E.C. Environmental Service Company Asbestos Abatement Proposal 6/ 12/2009 Page 1 of 3 7--1 Proposal Assumptions. (1.) T.E.C. Work Practices: (a.) Follow all Federal, State, and local regulations to be in total compliance during the asbestos removal; (b.) Supply Texas State licensed supervisor(s) and Texas State licensed worker(s) for the asbestos abatement project All workers will use full respirator protection and disposable clothing, as per OSHA 29 CFR 1910 and 1926 regulations; (c.) Build containments around the areas containing asbestos; (d.) Supply the containment with controlled environmental pressures to assure safety; (e.) Wet wipe and HEPA vacuum all structures and related surfaces where necessary; (f.) Encapsulate all of the abated surfaces; (g.) Double -bag all of the asbestos contaminated waste and load the bags into a plastic lined waste trailer for manifesting; (h.) Fill out all of the hazardous materials manifests and have a licensed transporter take the materials to an EPA approved landfiil for manifesting; Provide all documentation to your company for recording purposes. This documentation will reflect all final results of the project (2.) Water & Power / Remobilization: T.E.C. assumes suitable water and power service will be available within all applicable work areas at cost of others (i.e. owner). Should T.E.C. mobilize to the project site on the scheduled start date (or any date within the notification timeline) and FNater and/or electricity are not available there will be additional remobilization fee of $1,750.00 charged to the property owner / representative. Additional charges will apply if T.E.C. must assume responsibility for water and electricity. Should T.E.C. need to remobilize to the above referenced project due to the actions and/or responsibilities of the owner / representative for reasons other than water and power, including, but not limited to limited access to site, other sub -contractor's progress and/or lack there of, etc, a fee of $1,750.00 shall also apply. (3.) OSHA Air Monitoring: Unless otherwise specified In writing, T.E.C. does not assume financial responsibility for conducting air monitoring activities on worker personnel. Additional charge`] will apply if T.E.C. must assume responsibility for OSHA monitoring. Proposal Exclusions. (1.) Project area security, project design, and 3rd parry ambient air monitoring activities. (2.) Replacement or repair of any building components, systems, or materials. (3.) DSHS Regulatory Notification fees. (4.) Removal or remedial action required for any hazardous materials not included within the provided specification documents. T.E.C. Environmental Service Company Asbestos Abatement Proposal 6112/2009 Page, 2 of 3 The above work will be completed in a substantial and workmanlike manner according to industry standard practices. All Invoices are due and payable upon receipt, and shall be paid in full within 15 days thereafter. Any alteration or deviation from the above specifications involving additional costs of material, equipment, and/or labor will be executed only upon written orders and will become an additional charge over and above the amount specified .. herein. Any and all modifications to this proposal shall be in writing. This proposal, is subject to our re-evaluation if it is not accepted and a contract executed within thirty (30) days of the above date. Respectfully submitted for: r.E.C. Environmental, Inc Brian P. tmith .. Acceptance of Proposal & Award of Contract Upon your acceptance of the above proposal and award of contract, please sign below and an original contract will be forwarded to you for your review and signature. Accepted by: Title: r Date: Contract Information: Company Name: Contact: Address: Telephone: Facsimile: Email: Other: Addendum to Contract T.E.C. Environmental Service Company Asbestos Abatement Proposal 6/12/2009 Page 3 of 3 M T.E.C. 1 k env iron mena� June 8, 2009 Re: Asbestos Abatement City of Fort Worth Building 23, 12745 Wildcat Way North Building 24, 12749 Wildcat Way North Building 25, 12741 Wildcat Way North Greetings: Post Office Box 1449 Terrell, Texas 75160 Telephone: 9 7 2-524 -9 966 Facsimile: 972.5243 780 teconvironmental@sbct,4obal.net T.E.C. Proposal No. 6510-09A T.E.C. Environmental, Inc. ("T.E.C.N) agrees to perform all of the services stipulated below at the price quoted for the completion of this project. There shall be no retainage of funds held for the payment of this project, unless otherwise specified and agreed upon by owner/representative and T.E.C. T.E.C.'s price for the asbestos abatement Is quoted as follows and covers only areas specified below, should quantities be amended price is subject to change upon an addendum to this original proposal: Building 24, 12749 Wilcat Way North, removal of: 600 s.f. black mastic 300 s.f. wall texture on concrete wall 1,210 s.f. texture & sheetrock joint compound Building 25, 12741 Wildcat Way North, removal of: 800 s.f. texture & sheetrock joint compound Building 23, 12745 Wildcat Way North, removal of: 600 s.f. black mastic under floor tile 510 s.f. white popcorn ceiling texture 2,910 s.f. white texture on concrete wall 4,600 s.f. wall texture and sheetrock joint compound Proposal Amount: $19,893.00 proposal ASSU nptionS, (1.) T.E.C. Work Practices: (a.) Follow all Federal, State, and local regulations to be in total compliance during the asbestos removal; T.E.C. Environmental Service Company Asbestos Abatement Proposal UM009 Page 1 of 3 T.E.C. environmental June 8, 2009 Re: Asbestos Abatement City of Fort Worth Building 23, 12745 Wildcat Way North Building 24, 12749 Wildcat Way North Building 25, 12741 Wildcat Way North .� Greetings: Post Office Box 1449 Terrell, Texas 752:60 Telephone: 9 7 2-524-9 966 Facsimile: 972-6243 780 teconvlronmentaire►sbcgloba I.net T.E.C. Proposal No. 6510-09A T.E.C. Environmental, Inc. ("T.E.C.") agrees to perform all of the services stipulated below at the price quoted for the completion of this project. There ,shall be no retainage of funds held for the payment of this project, unless otherwise specified and agreed upon by owner/representative and T.E.C. T.E.C.'s price for the asbestos abatement is quoted as follows and covers only areas specified below, should quantities be amended price is subject to change upon an addendum to this original proposal: Building 24, 12749 Wilcat Way North, removal of: 600 s.f. black mastic 300 s.f. wall texture on concrete wall 1,210 s.f. texture & sheetrock joint compound Building 25, 12741 Wildcat Way North, removal of: 800 s.f, texture & sheetrock joint compound Building 23, 12745 Wildcat Way North, removal of: 600 s.f. black mastic under floor the 510 s.f. white popcorn ceiling texture 2,910 s.f. white texture on concrete waif 4,600 s.f. wall texture and sheetrock joint compound Proposal Amount: $19,893.00 ,'roposal Assumptlons: (1.) T.E.C. Work Practices: (a.) Follow all Federal, State, and local regulations to be In total compliance during the asbestos removal; T.E.C. Environmental Service Company Asbestos Abatement Proposal 61812009 Page 1 of 3 (b. Supply Texas State licensed supervisor(s) and Texas State licensed worker(s) for the asbestos abatement project. All workers will use full respirator protection and disposable clothing, as per OSHA 29 CFR 1910 and 1926 regulations; " (c.) Build containments around the areas containing asbestos; (d.) Supply the containment with controlled environmental pressures to assure safety; (e.) Wet wipe and HEPA vacuum all structures and related surfaces where necessary; (f.) Encapsulate all of the abated surfaces; (g.) Double -bag all of the asbestos contaminated waste and load the bags into a plastic lined waste trailer for manifesting; (h.) Fill out all of the hazardous materials manifests and have a licensed transporter take the materials to an EPA approved landfill for manifesting; (i.) Provide all documentation to your company for recording purposes. This documentation will reflect all final results of the project. (2.) Water & Power / Remobilization: T.E.C. assumes suitable water and power service will be available within all applicable work areas at cost of others (i.e. owner). Should T.E.C. mobilize to the project site on the scheduled start date (or any date within the notification timeline) and water and/or electricity are not available there will be additional remobilization fee of $1,750.00 charged to the property owner / representative. Additional charges will apply if T.E.C. must assume responsibility for water and electricity. Should T.E.C. need to remobilize to the above referenced project due to the actions and/or responsibilities of the owner / representative for reasons other than water and power, including, but not limited to limited access to site, other sub -contractor's progress and/or lack there of, etc, a fee of $1,750.00 shall also apply. (3.) OSHA Air Monitoring: Unless otherwise specified In writing, T.E.C. does not assume financial responsibility for conducting air monitoring activities on worker personnel. Additional charges will apply if T.E.C. must assume responsibility for OSHA monitoring. Proposal Exclusions: (1.) Project area security, project design, and 3'a party ambient air monitoring activities. (2.) Replacement or repair of any building components, systems, or materials. (3.) DSHS Regulatory Notification fees. (4.) Removal or remedial action required for any hazardous materials not included within the provided specification documents. The above work will be completed in a substantial and workmanlike manner according to industry standard practices. Ali invoices are due and payable upon receipt, and shall be paid in full within 15 days thereafter. Any alteration or deviation from the above specifications Involving additional costs of material, equipment, and/or labor will be executed only upon T.E.C. Environmental Servioe Company Asbestos Abatement Proposal 618/2009 Page 2 of 3 written orders and will become an additional charge over and above the amount specified herein. Any and all modifications to this proposal shall be in writing. This proposal Is subject to our re-evaluation If it is not accepted and a contract executed within thirty (30) days of the above date. Respectfully submitted for: i.E.C. Environnz.&O/ Inc. Brian P.ISmith Acceptance of Proposal & Award of Contract = upon your acceptance of the above proposal and award of contract, please sign below and an original contract will be forwarded to you for your review and signature. Accepted by: Title: Date: Contract Information: Company Name: Contact: Address: Telephone: Facsimile: Email: Other: Addendum to Contract: T.E.C. Environmental Service Company Asbestos Abatement Proposal 602009 Page 3of3 2.10. Statement of Residency The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being declared non -responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each Bidder shall complete and return, with its bid, the Statement of Residency Form. Failure to provide all required information shall result in the bid being considered non -responsive. TEXAS GOVERNMENT CODE § 2252.001 defines a Texas "Resident Bidder" as a bidder whose principal place of business* is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252.001 defines a "Nonresident Bidder" as a bidder whose parent company or majority owner does not have its principal place of business* in the state of Texas. Bidder's complete company nameBradley J Garrett dba Garrett Excavation & Demolition State your business address in the adjacent space provided if you are a Texas Resident Bidder: 312 Faith Ct., Burleson, TX 76028 State your business address in the adjacent space provided if you are a Nonresident Bidder: *The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means, for any type of business entity recognized in the State of Texas, that the business entity o has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and o has at least one employee who works in the Texas office Form (Section 2.10) prepared by Name Bradley J Garrett Title owner Date 6/25/2009 In, ON / i/%/i 2.11. Nondiscrimination All City contractors are required to comply with Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices. Contractor agrees that Contractor, its employees, officers, agents, or subcontractors, have fully complied with all provisions of such Ordinance, and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Contractor, its employees, officers, agents, or subcontractors herein. ii ONT CTOR: Garrett Excavation & Demolition gnatur Company Bradley J Garrett 6/25/2009 Name Date Owner Title 2-13 2.12. Prevailing Wage Rates and Davis Bacon Requirements The Contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts and the Davis -Bacon Act, whichever is higher for building and construction trades. Copies of these rates are located below and made a part thereof the same as if it were copied verbatim herein. Contractor(s) agree(s) to forfeit as a penalty to the City ten dollars ($10.00) for each laborer, workman, or mechanic employed, for each calendar day, or portion thereof for such laborer, workman, or mechanic who is paid less that the required rates for any work done under this contract, by it, or by any subcontractor under him/her. The current wage scale for members of the Building and Construction trade immediately follows this section. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. DAVIS BACON REQUIREMENTS (29 CFR Part 5) 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject 2-14 to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the 2-15 recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2 Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to David -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of 2-16 each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis - Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 24 7 (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified 2-18 in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 2-19 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. The undersigned acknowledges the requirements of Chapter 2258 of the Texas Government Code and the Davis Bacon Act, and intends to comply with same in the execution of this project. 2-20 aw An .. CONTRACTOR: Signature / Bradley J Garrett Name Owner Title Garrett Excavation & Demolition Company 6/25/2009 Date Davis Bacon Wage Rate General Decision Number: TX070046 05/11/2007 TX46 Superseded General Decision Number: TX20030046 State: Texas Construction Type: Heavy Counties: Johnson, Parker and Tarrant Counties in Texas. Heavy Construction Projects (Including Water and Sewer Lines) Modification Number Publication Date 0 02/09/2007 1 05/11 /2007 * PLUM0146-002 05/01/2007 Rates Fringes Plumber/Pipefitter $ 24.56 $6.66 Carpenter $ 10.40 $3.64 Concrete Finisher $ 9.81 Electrician $ 13.26 Form Setter $ 7.86 Laborers: Common $ 6.37 Utility $ 8.09 Painter $10.89 Pipelayer $ 8.43 Power equipment operators: Backhoe $ 11.89 $3.30 Bulldozer $ 10.76 Crane $ 13.16 $3.30 Front End Loader $ 10.54 Mechanic. $ 10.93 Scraper $ 10.00 Reinforcing Steel Setter $ 10.64 Truck Driver $ 7.34 Welders - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 2-22 V M Classifications Air Conditioning Mechanic Air Conditioninq Mechanic Helper lAcoustic Ceiling Installer lAcoustic Ceiling Installer Helper Bricklayer/Stone Mason Bricklayer/Stone Mason Helper lCarpenter Carpenter Helper Concrete Finisher lConcrete Finisher Helper (Concrete Form Builder Concrete Form Builder Helper IDrywall Taper Drywall Taper Helper ;Electrician Journeyman (Electrician Helper Electronic Technician Electronic Technician Helper Floor Layer (Carpet) Floor Layer (Resilient) Floor Layer Helper lGlazier Glazier Helper Insulator (Pipe) Insulator Helper (Pipe) Laborer Common Laborer Skilled Lather Lather Helper Metal Building Assembler Metal Building Assembler Helper Painter Painter Helper lPipefitter lPipefitter Helper Plasterer 1Paasterer Helper Reinforcing Steel Setter lRoofer JRoofer Helper Sheet Metal Worker City of Fort Worth Building & Construction Trades Prevailing Wage Rates For 2008 Hourly Rates lClassifications Hourly Rates $23.95 ISheetrock Hanger $13.37 $15.00 ISheetrock Hanger Helper $9.48 $16.25 Sprinkler System Installer $20.50 $10.53 Sprinkler System Installer Helper $11.00 $19.86 Steel Worker Structural $19.72 $10.54 Steel Worker Structural Helper $11.71 $19.03 Welder $18.82 $14.69 Welder Helper $13.95 $14.95 $10.09 $15.40 $8.81 $13.00 $11.70 $23.00 Heavy Equipment Operators Hourly Rates Crane, Clamshell, Backhoe, $16.51 Derrick, Draqline, Shovel $20.17 $23.18 Forklift Operator $13.33 $13.36 Foundation Drill Operator $17.55 $15.17 Front End Loader Operator $13.16 $20.72 Truck Driver $17.17 $13.72 $21.92 $15.82 $17.95 $13.40 $11.93 $14.98 $18.60 $11.12 $14.29 $9.33 $17.42 $8.00 $20.82 $14.77 $19.93 $14.16 $12.50 $14.00 $10.00 $19.45 Source is Fort Worth Chapter Associated General Contractors (www.Quoin.org) 2-23 (Sheet Metal Worker Helper 1 $14.52 1 01/30/2008 no 2-24 2.13. Insurance Certificates A successful Contractor will be required by the contract to have insurance coverage as detailed below. Contractor must provide Certificates of Insurance in the amounts and for the coverages required to the Environmental Management Department, Administrative Offices, within 14 calendar days after Notice of Award. (a) Insurance coverage and limits: Commercial General Liability Insurance o $1,000,000 each occurrence o $2,000,000 aggregate 2. Professional Liabilitv Insurance - NOT APPLICABLE. 3. Automobile Liabilitv Insurance Coverage on vehicles involved in the work performed under this contract: o $1,000,000 per accident on a combined single limit basis or: o $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation o Coverage A: statutory limits o Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee 5. Environmental Impairment Liabilitv (EIL) and/or Pollution Liability $2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). 6. Asbestos Abatement Insurance - $2,000,000 each occurrence with no Sunset Clause. (b) Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the contract. 2-25 Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 2. Certificate(s) of Insurance shall document that insurance coverage specified according to items in section 2.13(a) are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Brian Boemer, Director, Environmental Management Department, City of Fort Worth, 1000 Throckmorton St., Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self -insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such - exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 2-26 11. All insurance required in Section 2.13(a) above, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. FOR PURPOSES OF EVALUATING THIS BID, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) HERE AND BOUND WITHIN THE BID PACKAGE. 2-27 2.14. Workers Compensation Insurance Coverage A. Definitions: 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 or entity's 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'siperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Texas Labor Code, 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 contracted directly with the Contractor and 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 providing 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. B. 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 City 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 City 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 (7) days after receipt by the Contractor, a new 2-28 w 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. 2-29 l3. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. C. The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) 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. D. The Contractor shall post on each 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. (see paragraph 11) ~_ E. 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 amount 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 Md 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 rr 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 with whom it contracts, and provide to the !� Contractor: (a) a certificate of coverage, prior to the other person 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 City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any pefsOn pfOV%ding SelYlCES 2-3n on the project; and MW (7) contractually require each person s with whom hcemrtifi certificatescontracts, coverageperform to be required by paragraphs () .. provided to the person for whom they are providing services. ate of J. By signing this contract or providingr to the Cityausing to that all employeesofthe rr coverage, the Contractor is representing 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 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, criminal 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 governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. now. L. Contractor posting required. 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 commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal 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 working 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 Worker's 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." CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code, Section 406.096 Contractor certifies that it provides Workers' Compensation insurance coverage for all of its employees employed on the public project to abate asbestos/demolition in the unit identified in this contract. Garrett Excavation & Demolition M Contractor y Contract 's Signature Owner Title 6/25/2009 Date STATE OF TEXAS} COUNTY OF TARRANT) i `- �'BEFOR E, the undersigned authority, on this day personally appeared C , known to me to be the person whose name is subs chbed to the Toregoing instrument, and acknowledged to me that he executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE thi da of Y �> 20W.q Notary Pu 61ic-n a d for the State of Texas M - --• � - -- My Commission Expires A. COLLMAR My C°mmtssbn E k F March 20, 201999 r 2-33 2.16. Contractor's Responsibilities Contractor is responsible for becoming familiar with the character, quality, quantity UL of work to be performed, materials and equipment required. Contractor shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, unless otherwise specified in this Invitation to Bid. All costs associated with preparing a Bid in response to the Solicitation shall be borne by the Bidder. The undersigned acknowledges the requirements of this section, and intends to comply with same in the execution of this project. CONTRA TOR: J� �/ Garrett Excavation & Demolition Signature Company Bradley J Garrett 6/25/2009 Name Date Owner Title 2-34 2.16. Contractor's Legal and Compliance History Contractor's legal and compliance history is a critical component of this Invitation to Bid. Read this section with care and respond accordingly. Failure of the Contractor to provide all the information requested and to certify the report, will result in the Contractor's submittal being declared non -responsive. Contractor shall attach a written report of legal action brought against Contractor, Contractor's officers, Contractor's employees, AND Contractor's proposed subcontractors relating to the protection of the environment. The terms "legal action" and "relating to the protection of the environment" are defined below. The report shall include all legal action brought within five (5) years of the closing date of this Invitation to Bid. The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all fines, judgments, and/or settlements. Include the following information for each case at a minimum: • Style of Case , X vs. Y) • Settlement Information (as appropriate) • Cause Number • Names / Addresses of all parties named • Court • Counsel List and phone numbers • Date of Disposition • Judgment and Order of Judgment "LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (including its predecessor agency the Texas Natural Resource Conservation Commission), the Texas Department of State Health Services (including its predecessor agency the Texas Department of Health), and any other state agency, commission or department, whether in Texas or elsewhere, when such enforcement action is a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relatinq to the protection of the environment. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, civil litigation and criminal prosecution. Legal action also means any civil litigation brought by any person relatina to the protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the manufacture, processing, distribution, use, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the air, surface water, drinking water, groundwater, storm water, publicly owned treatment works, or land. THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Contractor, using the following form. The top portion of the form is to be completed if a report of legal action is attached. The bottom portion 2-35 Im of the form is to be completed if Contractor has no legal action to report. Make certain that the appropriate portion of the form is filled out and signed. AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR shall mean: (1) if the Contractor is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision -making functions for the corporation; (2) if the Contractor is a partnership, a general partner; and (3) if the Contractor is a sole proprietorship, the sole proprietor. INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION OF CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY BOUND WITHIN THE BID 2-36 Certification of Contractor's Legal and Compliance History Complete ONE of the Following Certifications Certification of Legal Action Report I certify under penalty of law that the attached Legal Action Report detailing Contractor's, .. Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: Signature Company Name Date Title Certification of NO Legal Action I certify under penalty of law that the legal and compliance history of Contractor, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers, Contractor's employees, or Contractor's proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false ,,d information, including the possibility of fine and imprisonment for knowing violations. Oqur TO Garrett Excavation & Demolition SignCompany Bradley J Garrett 6/25/2009 Name Date Owner Title 2-37 2.17. Federal Supplemental Information Requirements Funding for this Contract is Federally assisted. Contractor must comply with the Davis-BaconOrdeActr, 11246the nt e'ckback ACt, the Equal Opportunity Contraork Hours ct Standard , and the BuyAmeriCan ExecutiveiveO Requirements. REQUIRED LANGUAGE IN PUBLISHED ADVERTISEMENT FOR BIDS FOR AIP CONSTRUCTION CONTRACTS Required Language In Published Advertisements For Bids For All AIP Contracts: (1) Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. (2) Buy American Provision. The proposed contract is subject to the Buy American provision under Section 9129 of the Aviation Safety and Capacity Expansion Act of 1990. Details of such requirement are contained in the Specifications. _ Additional Language Required In Published Advertisement For Bids For AIP Contracts Where The Sponsor Has A DBE Program In Effect Or Is Required By 49 CFR Part 23 To Have An Approved DBE Program: All bidders and proposers shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to subcontract 10% of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are reputably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans and Asian -Indian Americans. The apparent successful bidder (proposer) will be required to submit information concerning the DBE's that will participate in this contract. The information will include the name and address for each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract (subcontract). If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered non -responsive. Required Notices For Contracts Over $10,000: The regulations and orders of the Secretary of Labor, OFCCP and FAR 152.61 require that the sponsor or the sponsor''s contractor(s) include, in invitations for bids or negotiations for contracts over $10,000, the following notices: (1) The proposed contract is under and subject to Executive Order 11246 of 2-38 w September 24, 1965, and to the Equal Opportunity Clause. The Bidder's (Proposer's) attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth in the Specifications. (2) The Bidder (Proposer) must supply all the information required by the bid or proposal form. (3) The successful bidder will be required to submit a Certification of Nonsegregated Facilities prior to award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the amount of the subcontract exceeds $10,000. Samples of the Certification and Notice to Subcontractors appear in the Specifications. (4) Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities. Contracts In Excess Of $50,000: In the invitation for bids relating to contracts of $50,000 or more, the sponsor shall include the following notice: For contracts of $50,000 or more, a contractor having 50 or more employees, and the contractor's subcontractors having 50 or more employees and who may be awarded a subcontract of $50,000 or more, will be required to maintain an affirmative action program within 120 days of the commencement of the contract. Additional Notices For $1 Million Contracts: For each contract, which may result in a bid of $1 million or more, the invitation for bids shall also include the following notices: (1) Preaward Equal Opportunity Compliance Reviews. Where the bid of the apparent low responsible bidder is in the amount of $1 million or more, the bidder and the bidder's known all -tier subcontractors which will be awarded subcontracts of $1 million or more will be subject to full on -site, preaward equal opportunity compliance reviews before the award of the contract for the purpose of determining whether the bidder and the bidder's subcontractors are able to comply with the provisions of the equal opportunity clause. (2) Compliance Reports. Within 30 days after award of this contract, the contractor shall file a compliance report (Standard Form 100) if: (a) The contractor has not submitted a complete compliance report within 12 months preceding the date of award; and (b) The contractor is within the definition of "employer" in Paragraphs 2e(3) of the instructions included in Standard Form 100. (3) The contractor shall require the subcontractor on all -tier subcontracts, irrespective of dollar amount, to file Standard Form 100 within 30 days after award of the subcontract if the above two conditions apply. Standard Form 100 will be furnished upon request. 2-39 no BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference .. be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: - 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, 2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. w BUY AMERICAN CERTIFICATE By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, are produced in the United States, as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the owner a listing of articles, materials and supplies excepted from this provision. ON 2-40 No .. Product Country of Origin CIVIL RIGHTS ACT OF 1964, TITLE VI — CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows'. 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor 2-41 i MM No shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments contractor complies, and/or b. Cancellation, termination, part. to the contractor under the contract until the or suspension of the contract, in whole or in 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS 49 CFR PART 23) PART A Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds r' under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. Mo DBE Obligation. The contractor agrees to ensure that disadvantaged business --- enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT -assisted contracts. Compliance. All bidders, potential contractors or subcontractors for this DOT -assisted contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the owner. Subcontract Clauses. All bidders and potential contractors hereby assure that they will include the above clauses in all subcontracts, which offers further subcontracting opportunities. Wd 2-42 ■ . PART B It is further understood and agreed: MW The award procedure for this solicitation will include the selection criteria of 49 CFR Part 23.45(i) to ensure that prime contracts are awarded to competitors that meet Disadvantaged Business Enterprise (DBE) goals. Notification is hereby given that DBE goals are established for this prime contract. The goal for firms owned and controlled by socially and economically disadvantaged individuals is ten percent (10%) of the dollar value of this contract. After opening bids, the apparent successful bidder will be required to submit the names and addresses of the DBE firms that will participate in the contract along with a description of the work to be performed by each named firm and the dollar value for each contract (subcontract). If the responses do not clearly show DBE participation will meet the goals above, the apparent successful bidder must provide documentation clearly demonstrating, to the satisfaction of the airport sponsor, that it made good faith efforts in attempting to do so and that meeting said goals is not reasonably possible. A bid that fails to meet these requirements will be considered non -responsive. Agreements between bidder/proposer and a DBE in which the DBE promises not to provide sub -contracting quotations to other bidders/proposers are prohibited. All bidders and proposers shall make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE subcontractor. The bidder shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts. SPECIAL INSTRUCTION TO BIDDERS REGARDING EEO J _._..... ................ Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity 1W (Executive Order 11246, as amended) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in Ed percentage terms for the contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for minority participation in Goals for female participation each trade in each trade 243 No These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered .. area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non federally involved construction. The contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its protects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the executive order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employee identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Fort Worth , Tarrant County ,Texas. EQUAL EMPLOYMENT OPPORTUNITY (41 CFR PART 60-1.4(b)) During the performance of this contract, the contractor agrees as follows: - 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during .� employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, r 2-44 no i available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be ,n canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph D-1 and the provisions of paragraphs D-1 through D-7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction bi the administering agency the contractor may request the United States to enter into suc litigation to protect the interests of the United States. INSTRUCTIONS REGARDING CONTRACTOR'S INSURANCE The following provision or a similar provision shall be included in the Special Provisions and in the Instructions to Bidders for all proposed AIP project bidding documents: Contractor's Liabilitv Insurance Requirements. The bidder shall provide with the Proposal a listing of both automobile and personal liability insurance coverage currently in force, along with a copy of a Certificate of Insurance as verification of that coverage. In addition, the bidder shall provide a statement of premium cost issued by the agent or insurance carrier for that coverage. In the event the Owner determines that the low bidder's coverage in force is inadequate, the Owner may require the low bidder to procure additional coverage in amounts specified by the Owner. The cost of premiums for such additional coverage shall be paid by the Owner in the form of a reimbursement under the contract. In the event the low bidder is unable, after diligent effort, to procure such additional coverage as may be required by the Owner, the Owner shall provide such additional coverage, naming the contractor as insured or, at the option of the Owner, reduce the amount of additional coverage required or waive any requirement for additional coverage. Third Partv Coveraae. In the event the bidding documents require the contractor to name the consultant and/or the Owner as additional insured, the bidder shall show the premium cost for the additional insured in the Proposal in the item for additional coverage. The -" amount shown in the bid item for additional premium cost shall be that amount of additional premium above the premium for the coverage shown in the Certificate of Insurance submitted with the bid. In the event additional coverage is required by the Owner, the additional premium cost for third party coverage above the amounts shown in the Certificate of Insurance shall be paid by the Owner in the form of a reimbursement under the contract. 2-46 REQUIRED LANGUAGE IN PROPOSALS FOR AIP CONTRACTS Section 60-1.7(b) of the Regulations of the Secretary of Labor requires each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity all reports due under the applicable filing requirements. In any case in which a bidder or prospective prime contractor or proposed subcontractor which participated in a previous contract subject to Executive Order 10925, 11114. or 11246 has not filed a report due under the applicable filing documents, no contract or subcontract shall be awarded unless such contractor submits a report covering the delinquent period or such other period specified by the FAA or the Director, OFCCP. The bidder shall complete the following statement by checking the appropriate space. The bidder has has not x participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246. The bidder has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the bidder has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder shall submit a compliance report on Standard Form 100, "Employee Information Report EEO-1" prior to the award of contract. Standard Form 100 is normally furnished contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the following address: Joint Reporting Committee 1800 G Street Washington, DC 20506 2-47 AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the parry or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy 2-48 efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. TRADE RESTRICTION CLAUSE The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. 2-49 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which s/he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding r paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2-51 CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 Notice to Prospective Federallv Assisted Construction Contractors 1. A Certification of Non -segregated Facilities shall be submitted prior to the award of a federally -assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally -assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective Subcontractors of Requirements for Certification of Non -Segregated Facilities 1. A Certification of Non -segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally -assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally -assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally -assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally -assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific 2-62 time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade (Vol. 45 Federal Register pg. 65984 10/3/80) Goals for female participation in each trade (6.9%) These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally -assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non -federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is the Noise Mitigation Areas. 2-53 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in 2-54 an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. .. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a 2-55 union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action , obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at " any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, 2-56 such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, 2-57 .0 both minority and non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). TERMINATION OF CONTRACT 1. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract 2-58 obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. 2. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 3. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. 4. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. 5. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND -- VOLUNTARY EXCLUSION The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. IVCONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS (29 CFR PART 5) 1.Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In 2-59 -� addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the -- contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. i 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 5. Working Conditions. No contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. 2-60 WAGE, LABOR, EEO, SAFETY AND GENERAL REQUIREMENTS (Federal Aviation Administration (FAA) Requirements) 1. Airport and Airway Improvement Program Project. The work in this contract is included in Airport Improvement Project No.((GRANT No. 3-48- 0085-1202 which is being undertaken and accomplished by the City of Fort Worth (Alliance Airport) in accordance with the terms and conditions of a grant agreement between the Sponsor and the United States, under the Airport and Airway Improvement Act of 1982 (P.L. 97-248) as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987 (P.L. 100-223) and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs under those Acts. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or the United States, by the contract, makes the United States a party to this contract. 2. Consent to Assignment. The contractor shall obtain the prior written consent of the Sponsor to any proposed assignment of any interest in or part of this contract. 3. Convict Labor. No convict labor may be employed under this contract. 4. Veterans Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Act. However, This preference shall apply -• only where the individuals are available and qualified to perform the work to which the employment relates. 5. Withholding: Sponsor from Contractor. Whether or not payments or advances to the City of Fort Worth withheld or suspended by the FAA, the Sponsor may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor on the work, the full amount of wages required by this contract. 6. Nonpayment of Wages. as If the contractor or subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contract, the City of Fort Worth may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. 7. FAA inspection and review. 2-61 • A The contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract. 8. Subcontracts. The contractor shall insert in each of his subcontracts the provisions contained in paragraphs A-1, A-3, A-4, A-5, A-6, and A-7 requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 9. Contract Termination. Any violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. (49 CFR Part 18). 10. Inspection of Records. The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. (49 CFR Part 18). 11. Rights to Inventions. All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this " contract is executed. Information regarding these rights is available from the FAA and the Sponsor. (49 CFR Part 18). so 12. General Civil Rights Provisions. The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractor from the bid solicitation period through the completion of the contract. (Section 520, Airport and Airway Improvement Act of 1982). 2-62 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS (29 CFR PART 5) 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph C-1 above, the contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph C-1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph C-1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph C-2 above. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs C-1 through C-4 and also a clause requiring the subcontractor to include these • clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs C-1 through C-4. 5. Working Conditions. 2-63 M" No contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under w construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. CLEAN AIR AND WATER POLLUTION CONTROL Any other provision herein to the contrary notwithstanding, the contractor in carrying out work under this contract, shall at all times comply with all applicable state and federal air •- and water quality standards; with all pollution control laws; and with such rules, regulations, and directives as may be lawfully issued by a local, state, or federal agency having within its jurisdiction the protection of the environment in the area surrounding where work under this contract will be performed. In addition, the contractor shall comply with directives given by the Project Engineer in implementation of the letter and intent of FAA Advisory Circular 150/5370-10, Item P-156, Temporary Air and Water Pollution, Soil Erosion and Siltation Control. Copies of this Advisory Circular can be obtained from Department of Transportation, Distribution Unit, TAD-484.3, Washington, D,C. 20590. Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. Md .r 2-64