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Home My WebLink AboutContract 33960 CITY SECRETARY° CONTRACT NO. �L�O /02 THIS CoPY roe: CMRACTOR'S 80NDIPM,00 CITY SECKVIRY SPECIFICATIONS CITY MANAGER1 OF110E ENGINEKING DIY. AND TIPW-FILE COPY CONTRACT DOCUMENTS FOR _ S1�`TREET SWEEPING PROGRAM -- 2006 AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH , TEXAS TPW PROJECT NO . GS93-020930590040 MIKE MONCREIFF CHARLES R. BOSWELL MAYOR CITY MANAGER ROBERT D . GOODE , P .E . , DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS PREPARED BY OFFICIAL WORD TRANSPORTATION AND PUBLIC WORKS DEPARTMENT My g(VIREMRy INFRASTRUCTURE DIVISION EXHIBIT "A" OF -,CF-,� ''••. `�'� it 10, 1 r fi j 0,......... . . . .� WD I.NUSRALLP&I 88823 i - J�� 09-0 7-06 IN -AGINAL City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/3/2006 - Ordinance No. 17078 & Ordinance No. 17079 DATE: Thursday, August 03, 2006 LOG NAME: 20ST SWEEP REFERENCE NO.: **C-21591 SUBJECT: Adopt Appropriation Ordinances and Authorize Award of Contract to Sweeping Services of Texas Operating, L.P. for the 2006 Street Sweeping Program at Various Locations RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing appropriations in the Environmental Management Operating fund (8103) by $200,000 and decreasing the unreserved, undesignated fund balance by the same amount; 2. Approve the transfer of $200,000 in undesignated funds in the Environmental Management Operating Fund to the Environmental Management Project Fund (R101); 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project fund by $200,000; and 4. Authorize the City Manager to execute a contract with Sweeping Services of Texas Operating, L.P. in the amount of $234,010 for one year, with an option to renew for two successive one-year terms based upon satisfactory performance for street sweeping at specified locations. DISCUSSION: In the FY2005-2006 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. In accordance with the FY2005-2006 approved budget, staff has developed a street sweeping program to provide regularly scheduled service on a weekly, monthly, or quarterly basis (according to the attached schedule) on arterial streets, major collector streets, and other streets with high pedestrian activities. This contract will provide regularly scheduled service throughout the City to arterial streets, major collector streets, and other streets with high pedestrian activities. As-needed services will be provided by the contract according to the agreed-upon hourly rate. The contract is for one year with 2 one year options to renew if mutually agreeable to the Contractor and the City of Fort Worth. The contract amount will remain the same as bid amount unless the Contractor can provide proof of increases in labor, material, insurance, etc., which exceed 5%. Payroll records and/or receipts of materials shall be submitted to the City in order to substantiate increase approvals. The City also reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25% of the contract award. This project was advertised for bid on June 1 and 8, 2006 in the Commercial Recorder. On June 29, 2006 , the following bids were received: BIDDERS AMOUNT Sweeping Services of Texas Operating, L.P. $234,010.00 ISI Contracting, Inc. $404,465.00 Midwest Services $474,999.60 MIWBE - A waiver of the goal for MANBE subcontracting requirements was requested by the department and approved by the MANBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. This project is located in ALL COUNCIL DISTRICTS. Funding for this project will be provided by the budgets of the Environmental Management Department {$200,000} and the Transportation and Public Works Department ($34,010). FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current operating budgets, as appropriated, of the Environmental Management Fund and the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/AccountlCenters R103 538070 05251100 $200,000,09 2. R103 538070 0521100 $200,000.00 2. & 3,) $200,000,00 41 $34010.00 R101 472'103 0522006110GO - GS93 539120 020930590040 3. $200,000,00 4 $200,000,00 R101 539120 052200611000 R101 539120 052200511000 Submitted for Cily Manager's Office b Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) 1 h Ordinance No. �k AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND J APPROPRIATIONS IN THE ENVIRONMENTAL MANAGEMENT OPERATING FUND IN THE AMOUNT OF $200,000 FROM AVAILABLE FUNDS, FOR THE M PURPOSE OF TRANSFERRING SAID FUNDS TO THE ENVIRONMENTAL MANAGEMENT PROJECT FUND TO EXECUTE A CONTRACT WITH SWEEPING SERVICES OF TEXAS OPERATING, L.P. FOR STREET SWEEPING AT SPECIFIED LOCATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES j IN CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, j TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2005- 2006 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Environmental Management Operating Fund in the amount of$200,000 from available funds for the purpose of transferring said funds to the Environmental Management Project Fund to execute a contract with Sweeping Services of Texas Operating, L.P., for street sweeping at specified locations. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect. j SECTION 3. 1 That this ordinance shall be cumulative of Ordinance No. 16582 and all other ordinances and a appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. a APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: t l r Ordinance No. p AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE ENVIRONMENTAL MANAGEMENT PROJECT FUND IN THE AMOUNT OF $200,000 FROM AVAILABLE FUNDS, FOR THE PURPOSE OF EXECUTING A CONTRACT WITH SWEEPING SERVICES OF TEXAS OPERATING, L.P. FOR STREET SWEEPING AT SPECIFIED LOCATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, r TEXAS: SECTION 1. E That in addition to those amounts allocated to the various City departments for Fiscal Year 2005- 2006 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $200,000 from a available funds for the purpose of executing a contract with Sweeping Services of Texas Operating, L.P.,for street sweeping at specified locations. SECTION 2. a That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect. SECTION 3. 1 That this ordinance shall be cumulative of Ordinance No. 16582 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. -A This ordinance shall take effect upon adoption. 3 APPROVED AS TO FORM AND LEGALITY: ? Assistant City Attorney I ADOPTED AND EFFECTIVE: J r SPECIFICATIONS AND CONTRACT DOCUMENTS FOR STREET SWEEPING PROGRAM 2006 AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS i TPW PROJECT NO. GS93-X020930590040 a MIKE MONCREIFF CHARLES R. BOSWELL MAYOR CITY MANAGER 1 ROBERT D . GOODE, P.E . , DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT INFRASTRUCTURE DIVISION EXHIBIT "A" .: OF !.NUS rrr �g 23 0®® i J i SPECIFICATIONS AND CONTRACT DOCUMENTS FOR STREET SFEPING PROGRAM ® 2006 AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS S TPW PROJECT NO. GS93®020930590040 ' NAJIBRES, VIE. ®ATE INFRA RUCTURE MANAGER TRANSPORTATION AND PUBLIC WORKS DEPARTMENT i TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Prevailing Wage Rates 4. Proposal 5. Vendor Compliance 6. Special Provisions I 7. Contractor Compliance with Worker's Compensation Law 3. Certificate of Insurance 9. Equipment Schedule 1 10. Experience Record 11. Performance Bond 12. Payment Bond 13. Contract i 14. Sample Route List a 15. Street Sweeping List i CITY, 01;0/1\°{i1 NOTICE TO BIDDERS Sealed proposals for the following project: STREET SWEEPING PROGRAM - 2006 PROJECT NO. GS93-020930690040 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office, City of Fort Worth, in the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102 until 1:30 P.M., Thursday, June 29, 2006, and then publicly read aloud at 2:00 P.M., in the Council Chambers. Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. One set of documents will be provided to prospective bidders for a deposit of twenty dollars r ($20.00), such deposit is non-refundable. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00) per set. These documents contain additional information for a prospective bidders. i A pre-bid conference will be held at 11:00 A.M. June 14, 2006 in the Transportation and Public Works Conference Room 270, 2nd Floor, Municipal Building. i For additional information, contact Mr. Frank Ramirez (817) 392-8872. h 7 CHARLES R. BOSWELL MARTHA HENDRIX CITY MANAGER CITY SECRETARY ROBERT D. GOODE, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS 7 J Advertising Dates: By: June 1, 2006 Riad Nusrallah P.E . June 8, 2006 Street Program Manager, TPW SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the hid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any Iiability 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 Iaw. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner,the right will be reserved to reject any or all proposals and waive teclunicalities, to re-advertise for new proposals, or to proceed with the work in any mariner as maybe considered for the best interest of the Owner. The quantities of work and materials to be ftm ished as may be listed in the proposal forms or other parts of the Contract Docurnents will be considered as a r�oxinnate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided,without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3, ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (9 17) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non- responsive. SPECIAL INSTRUCTIONS TO BIDDERS - 1 - 4. AWARD OF CONTRACT: The contract:,if awarded,will be awarded to the lowest responsive bidder. T'he City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the MN rBE UTILIZATION FORM, PRDAE CONTRACTOR WAVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYN ENT PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,400 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City_ B. If the contract amount is in excess of$25,000, a Payment Bond shall be - executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. if the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans,specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort.Worth, D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,400 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 SPECIAL INSTRUCTIONS TO BIDDERS -2- 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions,Item 8,Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. ,Mp , YIvLENT AND NON-DISCRE0NATION: The Contractor shall not discriminate against any person(s)because of sex, race, religion,color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth(1986),as amended, prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth,Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor roust provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation(statutory); Comprehensive General Liability ($1,000,000 per occurrence,$2,000,000 aggregate); and Automobile Insurance ($1,000,400 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto", defined as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening,Contractor shall be entitled to additional compensation equal to 110%of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders-item 16. ADDITIONAL INSURANCE RE UIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms SPECIAL INSTRUCTIONS TO BIDDERS -3- or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 1. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project,Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claire or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RES1DENT BIDDERS: Pursuant to Texas Government Code,art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-.resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Nan-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state, SPECIAL WSMUCTIONS TO BIDDERS -4 . �. ,,g "Texas resident bidder" means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITYIWONIEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The MIWBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt, Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: I. Name of Contract 2. Name of MIWBE f rm utilized 3. Scope of Work to be performed by the MA"E firm 4. Monetary amount of work to be performed by the MIWBE firrrl 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: ■ A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. 0 Reports are to be submitted monthly to the MlW13E Office, regardless of whether or not the MJWBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "4" or "no participation" in the spaces provided, and provide SPECIAL rNSTRUCTIONS To SrDDERS -5- a brief explanation. ■ The Contractor sliall provide the M/WBE Office proof of payment to the M1WBE subcontractors and suppliers only. The MIWBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of Canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. ■ If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the MIWBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the MIWBE Office explaining the request for the change or deletion. 2. If the change affects the committed MIWBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the MJVvBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. ■ Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. ■ All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional information regarding compliance to the WWBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to ,provide to Owner Complete and accurate information regarding actual.work performed by a Minority/Women Business Enterprise (MIWBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/V BE. The misrepresentation of facts(other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentation) and/or commission of fraud SPECIAL rNSTRUCTIONS TO BIDDERS -6- will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PROGRESS PAYMENTS FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less 5%retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c_ The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and die City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i) final quantities, or(ii) liquidated damages, city shall make a pr s payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on clays designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1,through October 31, with 6:00 a.m.. - 10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. oil the afternoon prior to the WATCH day. On designated ALR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorize -.? r� equipment is less than 1--hour or if equipment is new and certified by EPA as "L UM �� SPECIAI,INSTRUCTIONS TO BIDDERS Emitting!', ore ui ment buns Ultra Low Sulfur DieselCUM),diesel emulsions or alternative fuels such as CNG, If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. -6:00 p.m.,on a designated.AIR POLLUTION WATCH DAY, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. AORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: 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's or entity employees providing services on a project, for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in. 406.096) includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers,owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or 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 amotirits and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been.extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: SPECIAL INSTRUCTIONS TO BIDDERS -8- (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. R The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating hov, a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, it 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. SPECIAL WSIRUCTIONS To BIDDERS -9- (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs(1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false of 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 City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they'are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice roust 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: REQU RED WORKERS' COMPENSATION COVERAGE "Tile 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 Workers' Compensation Commission at (512) 440-37$3 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government,contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in SPECIAL INSTRUCTIONS TO BIDDERS - 1p. connection with such employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of they employment, discrimbiate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indernnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMICNATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION SPECIAL INSTRUCTIONS TO BMDERS - ]I - r CITY OF FORT WORTH STREET SWEEPING PREVAILING WAGE RATES FOR 2002 Broom/Sweeper $11.47 Front end Loader $11.47 Truck Driver s Flusher $11.47 Truck Driver—Pick up $11.47 ' Froom/Sweeper $9.88 Front end Loader $12.62 1 NOTE: Any classification/wage rate that is not listed must be sub ne,71 Ail a�6rvcJn?i to the Engineer for approval. CITY 1 PROPOSAL TO: Mr. Charles R Boswell Fort Worth, Texas 1 City Manager Fort Worth,Texas FOR: STREET SWEEPING PROGRAM a 2006 PROJECT NO. GS93-020930590040 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bonds acceptable to and approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: WEEKLY STREET SWEEPING �` 54�:!S M� '-;�_ ,=i.""3". -"«.+�}�',� .i�l - _ - ,._:��7V -.,`i� -du _ �„'.,"wF- ie ��` -�� — 5�:YQ'13'. - •sem �!errsTM:,-.,r- r.:r.;..rx.' .:�:. .�.",sRn -�1-•`"�.i-��~"_ .}...•.= ---r_��-�t� ��i:.� rs� rx :,.� r:�. .a �.r�_-� � 1 5,000 Gutter Miles Street Sweeping on a weekly $ In $ 1 (96.14 miles cycle,complete for the sum of x 52 cycles) :S7, r/�'eJ Dollars and_ _ Cents per gutter mile. MONTHLY SWEEPING UNINOr 2 8,690 Gutter Miles Street Sweeping on a monthly _ $ $ (723.10 miles cycle,complete for the sum of ' x 12 cycles) /4%+rele4 Dollars /9 0® 16s— 110 and No Cents per gutter mile. P®1 QUARTERLY SWEEPING --- -— ----- 3 600 Gutter Miles Street Sweeping on a quarterly $ $ (148.61 GM (every three months)cycle x 4 cycles) complete for the sum of. ®0 YO 0 A,f,1z;koJ —Dollars and A^0 Cents per gutter mile. "2-3ql bt TOTAL BID (Sum of Items 1, 2 and 3) $ HOURLY RATES FOR UNSCHEDULED SERVICES Street Sweeper with Operator(1 Person) per hour. Pick up Truck with Operator(1 Person) $ �S- per hour. P®2 } CONTRACTOR'S INFORMATION REPORT (Must be completed with Bid Proposal) The information provided herein is in conjunction with the Bid Proposal for street cleaning and sweeping services for the City of Fort Worth, Texas. If not completed, bid proposal will be considered incomplete and non-responsive and will be rejected by the City. Further requirements for the items below are included in the Special Provisions. Contractor shall not be limited to the special provision item numbers referenced; but, shall be in accordance with all of the contract documents. NAME OF BIDDER: Srre.Q/ p i ADDRESS: e� CITY/STATE/ZIP: �� ' � 7d0S 3 CONTACT NAME: �/�� TITLE: �'-��'14 TELEPHONE NO .: LIZ12 Z—/.o 0 A. EQUIPMENT AND FACILITIES: (refer to SPECIAL PROVISIONS-item Nos. 5A, 5,9, & 10A) 1. List the type of sweeping equipment you now own or lease. Indicate brush/vacuum as (V), mechanical as (M), regenerative air as (A) and for each equipment owned as (0) and leased as (L). - �_paf�f?!A_:e� M®1��- � -, :� �� - �;�E �j�.. .-h i E�� - �ed_= ie�_. •-: - ees (. eoa 400 2001 6",0 154 &1 .�- >0/ 0 0cr�✓e./ <o'9 -Ica &0 .o vo • r o � � �� DIST BALANCE OF SWEEPERS ON REVERSE SIDE 0I JC",IAll C17v''D) CITY � �MYUPM1 °.•�^� tr rt STREET FLUSHERS DUMP TRUCKS KLIA 9141 -0 OTHER EQUIPMENT 2. If you become the successful bidder for cleaning and sweeping work in the City of Fort Worth, Texas, list the additional equipment that you would purchase and/or lease to perform this Contract. EQUIPMENT TO BE PURCHASED/LEASED 'E -01 Y '0-� 3. Do street sweepers have dual steering and dual brooms?YV N 4. Do street sweepers have two-way radio communication designed for commercial use? Y ✓ N 5. Are street sweepers in accordance with state law, as such maybe amended from time to time and equipped with a front mounted safety flashing light that is visible for a minimum of one (1) mile, flash sixty (60) to ninety (90) times per minute, mounted for three hundred sixty (360) degree visibility and equipped w/an amber lens and a rear mounted Type B flashing arrow panel ? YI,,-' N 6. Is your repair and yard facility at the address shown on page P-3? Y N ' P-4 1 { i J 7. If NO, state the address of your yard facility. A 7-P 1Uc r B. FINANCIAL INFORMATION: (refer to SPECIAL INSTRUCTION TO BIDDERS Item No. 7, i SPECIAL PROVISIONS-Item No.10B, 20) 1. Are current quarterly financial statements available? Y N 2. Is a certified public audit available for your company's preceding fiscal year?Y 6AN® 3. Have you or any stockholder of your company ever filed bankruptcy? Y N 4. State the name, address, and contact officer of your bank. P 'mWA 76/3.7 C. MUNICIPAL AND STATE SWEEPING EXPERIENCE: (refer to SPECIAL PROVISIONS-Item Nos. 513, 10C) 1. List all completed municipal and/or state sweeping contracts your company completed between January 1, 1993 and September 30, 200Y(If none, enter none) DATES OF SERVICE 'r Frx Of OF Xlo, i 2. List all current municipal and/or state sweeping contracts your company is performing at present. (If none, enter none.) �®5 DATES OF SERVICE , =ate '��yn5 -4• ..a-ncrr , ��NTRACST ��. ;��4�T, ''-T� �, � E'. �,-ERO- � ��`� �� ;,� � • t �- -_��+T=! .ATI ' C]N 7 7,-yo, �i � .� � 0 C�� G 0 t��i F' 4sJJ /1/0/, ec-n c e7' o e- d26` ds3 a u` 91J Ir 6.Y9YJ 7 ac D. MANAGEMENT PERSONNEL (refer to SPECIAL PROVISIONS-Item Nos. 56, 10C) 3 List the names and a brief description of the street sweeping experience of each of the management personnel in your company. Indicate which member of management will be a directly involved with the management and supervision of the Contract. P e.,v op /o LIiC✓ { swG. ,/ �f -TCS �� CU+JI / G W/�A�6✓`C. W.✓ r/ Jd/ U�-/� . NW/'�•L✓J GwC.-f/ �J ��/`+ ti t NAME: AL / vv �� /L,. Gas .o.��,^•' � f ,✓ `[WfP i�y ` r L/�� 4rin �� C � CJM�-G H•/• ! - lUrw- c..i�� .f r "4l �i C,J.✓�.x s, } i NAME: �evbn A/ •�t�r /� �1t'�/f c� hl•,N�4;�/ i P-6 c i i i i ti d E. C®NTRACTOWS WORK PLAN Describe in detail how your company would perform the sweeping work required by the specifications. Include a description of the function of all proposed equipment and personnel Ss• � �ne; � '�� d � t� rte,% J�c �/l� � vale �� /Cj _P-AY'N1- 'W 014U-e- &65(Nel .4+ I i,& � c��ryct&°S ,W,)r,4-- / _l /&, Gvs� e� .'� w,r- �c-le �� t,'acc. � sss�'.yG,✓v�'./% el s BIDDER: 4,10 Company By: (Please Print) Signature: ] Title: l (Seal if Corporation) Address: zxf/ ,�X4s 2d o s'3 City State Zip P-7 1 I This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. i Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Sill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7273, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within One 1 year from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street Sweeping" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. + I (we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (initials)_ Respectfull��s�ilted, Addendum No. 2 (Initials) (initials)® By: /i°' Addendum No. 3 Initials i Addresses /./y/ S*/-o j (Seal) Date: 4,A-5/0 0 Telephone: CeZ2 END OF SECTION � ems i j VENDOR COMPLIANCE TO STATE LAW The 1955 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that at Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must 'be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state) , -our s principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state) , our principal place of business are not required to underbid resident bidders. H. Our principal place of business or corporate offices are in the State of Texas. Bidder: Compa y By (Please Print) -5E_7 Address Of Signature City/State/Eip/ Title (Please Print) l THIS FORM MUST BE RETURNED WITH YOUR QUOTATION s f r CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR: STREET SWEEPING PROGRAM 2006 PROJECT NO. GS93-020930590040 1. SCOPE OF WORK: The Contractor shall clean streets as noted in the subsequent paragraphs. The cleaning operation shall include, but is not limited to, all sweeping, panning, dumping, and brush pick up operations. The cleaning operation does not include the removal of waste materials in catch basins of storm sewers. Street locations are listed at the back of this document. Additional locations may be added in the sole discretion of the City. The contractor is encouraged to conduct site visits and survey J all these possibilities. Total quantities given in the bid proposal may not reflect actual quantities; but represent the best estimate based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. ? 2. Contract will be awarded to the lowest responsible bidder. 3. INCREASE OR DECREASE IN QUANTITIES: The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. 4. CONTRACT TERM: The contract is for one (1) year with 2 one year options to renew if mutually agreeable to the Contractor and the City of Fort Worth. The contract amount will remain the same as bid amount unless the Contractor can provide proof of increases in labor, material, insurance, etc., which exceed five (5) percent. Payroll records and/or receipts of materials shall be submitted to the City in order to substantiate increase approvals. i The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Construction of the City of Fort Worth, Texas. 5. METHOD OF OPERATIONS: All operations described in these specifications shall be conducted by the Contractor's personnel and the expense of all such operations shall be the Contractor's. — --~�- SP-1 011 Rl- f A. The Contractor shall provide its own equipment, labor, fuel, safety equipment and any other materials necessary to complete the required work. The Contractor shall be responsible for maintenance and repair of its own equipment and the availability, presence, competence and supervision of its employees. B. The Contractor is required to have an experienced and competent supervisor/foreman with each work group at all times, who may be a working foreman operating a street sweeper. C. There shall be no subcontractors used by the Contractor to fulfill any items or conditions of the Contract without the prior written consent of the City. D. No cleaning operations shall be conducted when there are climatic conditions presented or forecast that would make such an operation ineffectual or dangerous, including, but not limited to, heavy rains, ice and sleet. For the purpose of this Contract, the National Weather Service (NWS) shall be the weather forecasting and reporting agency. Forecast by the NWS shall be deemed to extend for a period of only twelve (12) hours. Notwithstanding anything to the contrary, the Transportation and Public Works Department shall have the final decision on whether or not cleaning operations are to be performed. E. The Contractor may suspend operations if conditions are such that cleaning operations cannot be carried out in an effective manner. If suspension occurs, the Contractor shall immediately notify the Street Superintendent or his designee. F. Cleaning operations shall normally be performed between the hours of 10:00 p.m. and 7:00 a .m. excluding Friday and Saturday night. G. The Contractor shall perform all handwork required to effectuate an efficient cleaning operation. The City shall have the right to identify for the contractor those areas where handwork should be performed. 6. REMOVAL AND DISPOSAL OF DEBRIS: Removal and disposal of debris collected during the cleaning operation shall be the responsibility of the Contractor. All applicable State and local laws and ordinances related to the hauling, handling, and disposal of such material shall be complied with by the Contractor. In order to comply with Environmental Protection Agency 4 (EPA) regulations, the City must track the amount of debris removed from the street system. i The Contractor shall keep an accurate log of the weight, volume, number of truckloads and the date of disposal for all collected debris. A copy of the log information shall be submitted to the City along with each monthly invoice. i DISPOSAL OF SPOIUFILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering, acting as the City of a SP-2 Fort Worth's Flood Plain Administrator ("Administrator"), the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) and a flood plain permit issued. All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at its expense and i dispose of such materials in accordance with the Ordinance of the City and this section. a 7. This Contract is governed by the two published specifications, except as modified by these Special Provisions: Standard Specifications for Street and Storm Drain Construction-City of Fort Worth, and Standard Specifications for Public Works Construction-North Central Texas Council of Governments. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. A copy of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 8. EQUIPMENT AND FACILITIES: The equipment used for street cleaning shall be of sufficient type, capacity and quantity to safely and efficiently perform the work as specified. Minimum equipment for the Contract shall be the following: 1 A. Street Sweepers: Four (4) B. Dui Trucks: Depending upon the type of sweepers used, the Contractor may require the use of one or more dump trucks. It is the Contractor's responsibility to provide these vehicles in the event the cleaning equipment requires such use. C. Adequate Support Equipment: Debris transfer vehicles, pickup trucks, service trucks, tire trucks and any other item of equipment necessary to aP®s provide cleaning services as described in these specifications. Street sweepers used in the cleaning operation may be brush/vacuum, mechanical or regenerative air, or may be a combination of types. Either type of unit may be used, but street sweepers can be no older than five (5) years, unless the equipment has been completely rebuilt within one (1) year prior to the starting date of the Contract. Upon request of the City, Contractor shall provide documentation of the age of equipment or satisfactory evidence that the equipment otherwise meets the requirements of these specifications. All street sweepers used must have a minimum capacity of four (4) cubic yards and be equipped with an adequate water system for dust control. All street sweepers must have dual steering and dual brooms. All equipment, including-support equipment, must be equipped with two-way radio communication designed for commercial use. Citizen Sand Radios are unacceptable. All equipment, including support equipment, that will be used by the Contractor must be listed as part of the "Work Plan" in the Contractor's Information Report. All such equipment is subject to the approval of the City. Such approval may require an on-site demonstration of the capability of any proposed sweeping equipment prior to the award of the Contract. Contractor's service facility must be located within the Metroplex at a location satisfactory to the City and be a reasonable distance from the site of the proposed work. The service facility must be adequate to insure routine maintenance and the Contractor shall be required to maintain a sufficient supply of brooms and replacement parts to insure continuous cleaning operations. All vehicles used by the Contractor must be performance worthy by visual and operational inspection. Street sweepers must be washed once per day, inclement weather excepted, and all other equipment must be washed a minimum of once per week. The City shall have the option to perform a complete inspection of all vehicles used by the Contractor at any time throughout the term of the Contract. Should any vehicle, when inspected, and in the determination of the City, not meet the standards that the City feels necessary to complete the Contract, or to operate safely, the City may require that such vehicle be brought to standard before being placed back in service. However, nothing contained herein shall impose any duty or obligation on City to inspect, discover and correct, cure or repair; or cause to be corrected, cured or repaired; any defect, malfunction or dangerous condition of Contractor's equipment as such duty or obligation is the sole responsibility of Contractor, and there is no intended third party beneficiary to this contract. 9. SAFETY: .All equipment used in the street sweeping operations shall be equipped in accordance with State law, as such may be amended from time to time, and shall be equipped with a front mounted flashing light with the following characteristics: A. Visible for a minimum of one (1) mile. sP®4 r S. Flash sixty (60) to ninety(90) times per minute. 1 C. Mounted for three hundred sixty (360) degree visibility. D. Equipped with an amber lens. Also, required is a rear mounted Type S flashing arrow panel, minimum size 30" x 60", in j accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTC), latest edition. The safety of the public and the convenience of traffic shall be of prime importance, but are not third party beneficiaries to this contract. Unless otherwise provided in these specifications, all portions of all streets shall be kept open to traffic at all times throughout sweeping operations. Provisions for directing traffic will not be paid for by the City, but shall be considered as subsidiary work to the various bid items.for street cleaning and sweeping services. The Contractor's equipment shall move in the same direction as traffic at all times during all cleaning and sweeping operations. 10. QUALIFICATIONS OF CONTRACTORS BIDDING: Contractors submitting bids certify to the City that they possess all of the necessary equipment, facilities, financial resources, work experience and personnel and to fulfill the terms of the Contract at the time of bid submission, or that they will have the necessary equipment within 10 days following written notification of the City's intent to award the contract. Contractors submitting a bid must also complete the Contractor's Information Report included in the Proposal. This report must demonstrate the following: A. Satisfactory evidence that the Contractor possesses either through ownership or lease or has made arrangements to acquire all the necessary equipment as specified herein, with the certification that such equipment is not obligated for other contractual obligations within the scope of the Contractor's prior existing operations. B. Satisfactory evidence that the Contractor has adequate financial resources, experienced personnel, proper facilities and an adequate work plan to complete the work as specified. C. Satisfactory evidence that the Contractor has operated or is operating a municipal street cleaning system of the types and to the extent as outlined in the specifications and that the Contractor has successfully conducted such an operation for a period of not less than two (2) years within the last five (5) years. Failure to provide complete Contractor's Information Report with a bid will disqualify any such bid as nonresponsive, and such bid will not be considered. SP-5 1 The evaluation of bids and the determination of conformity and acceptability shall be the sole responsibility of the City. Such determination shall be based upon the information furnished by the Contractor with its bid, as well as other information that is reasonably available to the City. The City reserves the right to reject any and all bids. 11. VERIFICATION OF WORK: It shall be the responsibility of the Director of Transportation and Public Works to guarantee the performance of the Contract in accordance with the terms and conditions of these specifications. To this end, a designee may be appointed who shall be responsible for the inspection and monitoring of the work performed under Contract. 12. NO SEPARATION OF CONTRACT DOCUMENTS: Bidder shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 13. TRAFFIC CONTROL: The contractor will be required to obtain a "Street Use Permit" prior to starting work. The Contractor shall be responsible for providing traffic control during this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. A work schedule shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer 0-817-392-8770 at least 10 working days prior to the proiect initiation meeting. Although work will not begin until the street use permit has been issued. the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize ' interruption to the flow of traffic. 14. LIST OF STREETS TO BE SWEPT: The Director shall provide the Contractor a Street Sweeping list which will be the basis for: ' A. Contractor's Cleaning Route(s): B. The City's inspection of cleaning. C. The invoicing of cleaning cycles completed; and D. Payment by the City for services rendered. Quantities of work to be performed will be determined jointly by the'City and the Contractor at r the project initiation meeting after award of contract. The City will inspect the Contractor's performance and report in writing any deficiency within twenty-four (24) hours after completion of work. All such deficiencies shall be corrected by the Contractor no later than 48 hours (2 days)following receipt of such notice. The inspector shall maintain a monthly log of the Contractor's completed work and will verify completion of the Contractor's work with the Contractor monthly. _4 r In addition to the stated procedure for verification of work performed as described herein, the Contractor shall lend whatever necessary assistance the City may request with respect to verification of work.performed. 15. INCLEMENT WEATHER — SAND CLEAN UP: Due to climatic conditions that occasionally + exist the sanding of roads and highways may be performed by the City or others. In the event the City determines that sanding exceeds the normal frequencies of sweeping contained in these specifications, the City may request that the Contractor perform special sand clean up services at the hourly rate(s) bid herein. Any special sand clean up will require a Change Order to be executed. 16. DEFAULT: The Contractor shall correct all "Failure to Perform" items (i.e. a street not swept to the City's satisfaction or a street not swept at all, etc.)within two (2) days after receipt of notice of such failure (written or verbal communication) from the City. In the event the Contractor fails to correct any "Failure to Perform" item to the satisfaction of the City within the time specified, or such greater period as the City may permit, the City shall have all rights accorded by law, including the right to terminate the Contract. All costs and attorney's fees incurred by the City in the enforcement of any provision herein or within this document shallbe paid by the Contractor. If the Contractor cannot maintain an average of 200 curb miles per week. excluding "bad weather"days, the City may terminate the Contract. 17. TERMINATION: The City may, at its option, without prejudice to any other remedy available at law of in equity or otherwise under this Contract terminate further work under this Contract, in whole or in part, by giving at least thirty (30) days prior written notice thereof to Contractor with the express understanding that all services being terminated shall cease upon the date such notice is received. In such event, the Contractor shall not be entitled to damages of any nature for such termination, including but not limited to anticipated profits or consequential damages. i 18. MONEY WITHHOLDING CLAUSE: When the City has reasonable grounds for believing the Contractor will be unable to perform this Contract fully and satisfactorily within the time fixed for performance; or that a meritorious claim exist or will exist against the Contractor or the City arising out of the negligence of the Contractor or the Contractor's breach of any provision of this Contract, then the City may withhold payment of any amount otherwise due and payable to the Contractor under this Contract. Any amount so withhold may be retained by the City for _ that period as it may deem advisable to protect the City against any loss, and the Tv�' n rN_� v to 'r,,nco lQi SP-7 CITY �VIHAW.Y FT. W`61 TEX. after written notice to the Contractor apply such money in satisfaction of any claim(s). This provision is intended solely for the benefit of the City, and no other person or entity shall have any right or claim against the City by reason of the City's failure or refusal to withhold monies. No interest shall be payable by the City on any amount withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of the City. 19. PAYMENT: In consideration for the provision of the above described services by the Contractor, the City agrees to pay the Contractor according to the amounts shown in the Proposal for the street sweeping services provided. On or before the tenth day of each month, the Contractor shall submit to the City an invoice for the units of the services provided (Section 11) from the first day to the last day of the preceding month. A copy of the Route Lists for the invoiced period showing the date each street was cleaned, the total mileage for the period, initials and/or signatures of the Contractor's representative and the Director's representative must accompany the invoice. On or before the tenth (10th) day of the next month, the City shall remit all sums payable to the Contractor for work performed within the time period according to the prices established in the Proposal. 20. RIGHT TO AUDIT: Contractor agrees that City shall, until the expiration of three (3) years after final payment under this contract is made by City, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this contract. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with Article VI. City shall give the subcontractor reasonable advance notice of intended audits. Contractor and subcontractor agree to photocopy such documents as may be requested by I City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. END OF SECTION sP®8 CONTRACTOR COMPLIANCE WITH i WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project 2006 Street Sweeping Program at Various Locations I and City of Fort Worth Project No. R101-052200611000 & GS93-020930590040. E CONTRACTOR: A � ��t�iN� .�CX ran r3- �t'?r�^ G�t�s-�j [,•�J By. Name: 'r`'' f�.�.�.✓ Title: � d Date: STATE OF TEXAS § i § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared k&R I&) wlilmm known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of for the purposes and consideration therein expressed and In the capacity therein stated. I Given Under My Hand and Seal of Office this V day of , 20 Notary Public in and for the State of Texas NIKKI MILLER *4 MY COMMISSION EXPIRES July 12,2007 i t s C$R1'llid:'ATB OR TO: CrrYOFFOR WORT1� g June 29, 2006' NAUZ0pM STREET SWEEPING PROGRAM-2006 per; TPW PROJECT NUMBER GS93-020930590040 TwSisTO CHIMM TmT SWEEPING SERVICES OF TEXAS OPERATING L.P. (Nmme and Aft=ofImued) ts,atm date ofma ogee bmvd by*13 cmfw whh revs*to dei bnaimm far do 4p of ims wm awl is&=doom v th tba prc►vbbw of die na d ad pollolee used by tk CwmmW,mW bmthmAwdemeMol. Exo*dm to skadod policy aatl cm mvem eido bamit May 130. Btu ftI= Lkaft ofLilabillty 1 WCV4170881 6/10/06 /10/07 , G marai GaBoft kn,)iay: I8labdlty►Ie $s.00ammm S 1,000,000 W61k Llab ') pmpa&YDwUwSWSP8587 9/2/05 9/2/06 �$1,000,000 F EL S Colles of Mon& 07 ooanaQdjwwA sa ft 0cmumw. 3 �vad0m 10 LTnd4*$WW1d Bodily Lqjw3. Bs.Pamon; A,uWmbilo f,Qocu 1,000,000 Llebft PmpwwD3mw, SWSP8587 9/2/05 /2/06 E40mrsom. S Cowl Lbbility EL Oow me $1 000000 $1,000 000 Cher Lomflomscav : Fort Worth Various Locations Dma"on + k Street Sweeping aww pallcc 6 etka is Qz"OWW n$by w0propriate erador'eemed pmvlde dw may not be chawA or am mled by tt wk; 131 i&:; ftfm fim (3) 4�p ofiv ft b muw has ereaftw•wrdtbm Mice of sua"t chem8dor 'ssm. tt/h��plto�bl�:Ian aP 1 �s�q�na thea idvo(S)days aedr�l natioe o£ � �taa�� &=&%A the abave palidw cantaln sub epeeist mqukm=K eltim in*a body dmoof sr by VpmpdEft mftnmnt E d< wft4 ed. 'IU Clty, b off, @"1Wvz ad pavaWs m ammA as ,Ad+kbr ai bmueds an all polkiog ww4pt WoOmm i Wzvlw of SukosmuB In ftw ofdw City of ult WoAl� �' es f<Yow Cman AOUVWW— mwv First Texas Insurance Services L.C. '�.� nt Garr McNeil °'' x_700 Highlander#350, Arlington, TX 76015 r Agent i I EO UIPMEN T SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Zooms / 4"C, Keo 12" Z03 9' jam® /55-X", Zoo/ 15%,ael ZOO �� 1�s /6 oo I Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: i 1 1 EXPERIENCE RECORD r List of projects your or anization has succ ssfully complete Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award ��yy �dz�� Q�Fs�,ere✓� � 00-:) c�,ao w / bS '� /l Asa/®ze/�u�► !`�e,V;,Y 23/✓,4 C'A � ,� 63� v�� J �L� .6" 9 � •fid' Z,�rl6 List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion AY Zj y `02 .f w 00.3, .� ,w 9Z.) 7 Pkv Zo 7Oar List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Mame and Address of Bond Bond Surety 0.3 /-� F.sv ��,�� S/, / / /—P/ter l BOND# I ocq a(.Q .:3 2!) [ - PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § i r That we, (1) Sweeping Services of Texas Operating, L.P. , as Principal herein, and (2) 'moi ✓� 1 C�� C �� .�c� CoMpv yC>PAnv�c-� a corporation organized under the laws of the State of (3) T� �� , and t who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant i and Denton Counties, Texas, Obligee herein, in the sum of Two Hundred Thirty Four Thousand, Ton Dollars and No Cents Dollars ( $234,010.00 ) for the 3 payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 3rd day of August , 2006, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of 2006 STREET SWEEPING PROGRAM AT VARIOUS LOCATIONS Project No. R101 020930590040 & GS93m 020930590040. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. i PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 3rd day of August , 2006. Itil � P1D i Arm' /' }/ PRINCIPAL ATTEST: By: ... Name: �rt (Principal) Secretary © j Title: t (S E A L) Address: Al, _ Witn ss as to Pr ncipal wave r P rS SURETY A/Yke/('C(; ATTEST: By: Ap, Name: L r c,— Secretary Attorney in Fact (S E A L) Address: Z00 H " Witness as to Surety U Telephone Number: NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. I BOND# PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § i f ' That we, (1) Sweeping Services of Texas Operating, L.P. , as Principal herein, and (2) ��,/e Ie ,-� C�QD<,- 4 4 Q tid S: Jxe CO' ©I" AM Pl ccs, a corporation organized and existing under the laws of the State of(3) as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Two Hundred Thirty Four Thousand, Ten Dollars and No Cents Dollars ( $234,010.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated k the 3rd day of August , 2006, which contract is hereby referred to and made a part hereof f as if fully and to the same extent as if copied at length, for the following project: 2006 STREET t SWEEPING PROGRAM AT !VARIOUS LOCATIONS Project No. RIOI-020930590040 & GS93-020930590040. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, s Texas Government Code, as amended) supplying labor or materials in the prosecution of the y work under the contract, then this obligation shall be void; otherwise, to remain in full force and I s effect. s PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 3rd day of August , 2006. 1 d •w ✓fes 'f)oy — e� U PRINCIPAL ATTEST: ( -f__ By: / Name: w •�ir .w��+ (Principal) Secretary ' Title: i (S E A Q Address: '�• �' /�5�� Wi nes as to Princip SURETY ATTEST: By: i Name: L r rid c� 14 E Secretary Attorney in Fact i (SEAQ) Address: �� H ��h �G �'�-- ��e -5� A/ I ; �. fX coo I S C Witness as to Surety Telephone Number: -7 -:)-7 :s co �c i NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety I Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. t f Bond# Oc-4 MAINTENANCE BOND THE STATE OF TEXAS § § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That Sweeping Services of Texas Operating, L.P. ("Contractor"), as principal, and, 1 r�.se 1 e cc�D CZ ( L ci�®A —'SO--e 4-7 Col-y)pL,�.`r PA/Y\—e,': c c=, a corporation organized under the laws of the State of '-Fl?x c�S ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Two Hundred Thirty Four Thousand, Ten Dollars and No Cents Dollars ($234,010.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its j successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 3'd of August , 20 06, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: 2006 STREET SWEEPING PROGRAM AT VARIOUS LOCATIONS the same being referred to herein and in said contract as the Work and being designated as project number(s) 8101-020930590040 & GS93-020930590040 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, i WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term Of 2 (Two)Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and I i the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. E IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which shall be deemed an original, this 3rd day of August , A.D. 2006. _ PRINCI AL - ---_� ATTEST: By: Name: (Principal) Secretary Title: A*Y;k x _ (S E A L) Address- Witn ss as to Pri cipal Cc SURETY I ATTEST: By: .� Name: 4 "n Secretary Attorney in Fact (S E A L) Address: H 5 r'1 'Cj / Tx -7 Coo C � C (-- Witness as to Surety Telephone Number: C9 (-7 ) 3-7 - '3CO;?� CP 1 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. { The date of bond shall not be prior to date of Contract. I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPA JL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 214937 Certificate No. 000349685 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Robert C.Walch, Daniel F. Dacy III,Jeff Jordan, Larry McNeil, Gary McNeil, Pamela Jane Rowen, Linda Helms, and Michelle Nitsch of the City of Arlington State of Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per tided in any actions or proceedings allowed by law. 25th IN WITNESS WHEREOF,the Com anies have caused this instrument to be signed`°and theit corporate seals to be hereto affixed,this day of April 2006 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company G/.SU,1� TY/A;� StIRETyYF\RE•4N"p i` S ++1NSUq�....., JptIY AryDp SUp�, (�TY.tIYO )L c�p°cggr d[' J •s°jo9;P..........4 y S r 4 '''6�: Gm ? m ;v:ppRPORATf.m? a i f t .o; " HARTFORD, K Rm FA �, SE$l.,i'W `�S `o= CONN. n ODNN. /£ rn 1896 of od•• A°r ,oe;SEAL:'D€ nsv Goy a•......'a_ �v.,•.., :'d Oa y, >, 9 ?• oFNEyt� xoun nNcu.a$ ti T1s,i.Nyr �:S.......r?, bl ,.ed �� +°� �'q AtN� State of Connecticut By: City of Hartford ss. Gorge Wdompson,Sen' r Vic President On this the 25th day of April 2006 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. q.gL�P In Witness Whereof,I hereunto set my hand and official seal. 1/1� �W w" 0, V My Commission expires the 30th day of June,2006. �'° �j {} Marie C.Tetreault,Notary Public 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 3`d day of August , 20 06 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D., 1924, under the authority (vested in said voters by the "Home Rule" 'i provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and Sweeping Services of Texas Operating, L.P. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. i 1 That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of ` certain improvements described as follows: 2006 STREET SWEEPING PROGRAM AT !VARIOUS LOCATIONS i Designated as project number, R101-052200611000 & GS93-020930590040 2. That the work herein contemplated shall consist of furnishing as an independent contractor all I labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. i 1 `rv1 la:.n,n U a i E i 3. I The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Transportation and Public Works Department of the City of Fort Worth. } 4. k The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of One Year I If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 210.00per working day, not as a penalty but as liquidated damages, the - Contractor and his Surety shall be liable to the Owner for such deficiency. ' 5. i Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety _ to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. i 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and 4 employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniuM damage or death is caused, in whole or in part, by the ne_glipence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising I from the performance of any of the terms and conditions of this Contract, whether or not any such i 1 C-2 ti 4 L iniury or damage is caused in whole or in part by the negligence or alleged negligence of Ovomer, i its officers, servants or employees. = In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) I provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials I furnished in the prosecution of the work, such bonds being as provided and required in Texas Government Code Section 2253, as amended, in the form included in the Contract Documents, and E such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. C s. f Said City agrees and binds itself to pay, and the said .agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be I TWO HUNDRED THIRTY FOUR THOUSAND, TEN DOLLARS AND NO CENTS $234,010.00 L F 0 I C-3 9. k It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Transportation and Public Works Department. 5 i 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is _ classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. f 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. a 12. 1 It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Five 5 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Five counterparts with its corporate seal attached. S I Cm4 i t Done in Fort Worth, Texas, this the 3rd day of August , 20 06 . E CITY OF FOR TH ASSISTA-0 CITY MANAGER R APPROVED: 3 DIRECTOR, TRANSPORTATION AND PUBLIC WORKS 4,0 ATTEST: (Contractor) 3 CITY SECRETARY t (SEAL) BY: '"--�°`'� contract Authorization k (Representative) = ate Irl 1 (TITLE) /0' 17yj1-r APFryRQ D AS TO FORM & (Address) LEG IT (City/State/Zip) AW8TARYC TORNE i i November 1960 Revised May 1986 Revised September 1992 Revised January 1993 Revised April 1999 _ Revised June 1999 Revised June 2001 OFFICIAU RECORD CITY WtIETARY FT. F',HHI TEX. SAMPLE ROUTE LIST STREET LISTING fist: '�.'.. - ..-z -- r�-:� -�• -.. .:,�•g_ _.-_-��.._,...... _ _�-. _._.:�_._...-_r __ - - - - _- - -_ter y - _�.__ --�F�ti L�T�- � , I J A, TOTAL GUTTER MILES: I t 1 NOTE: Any classification/wade rate that is not lasted must be submitted to the Engineer for approval. i I p� _N ° n. 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