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HomeMy WebLinkAboutContract 36998 '• ?I�CO�'�lON: CONTRACTOR .r CONTRACTOR'S BONDING FoRTWORTfF Cff IIII[ RETARY C=NMM"WS OFFICE IG ON ......i....1NM•pu COPY anew r CITY SPECIFICATION CONTRACT NO 6 AND CONTRACT DOCUMENTS 2008 HERBICIDE TREATMENT PROGRAM PROJECT NO. PE 69 539120 0209206 January 2008 i MIKE MONCRIEF CHARLES BOSWELL MAYOR CITY MANAGER ROBERT D. GOODE, P.E., DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS PREPARED BY: ,r EP A, ,RTIq, b F TRANSPORTATION AND PUBLIC WORKS CITY MCARARY L F' r X 04-21-08 P03:28 IN Z)ORIGINAL Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/25/2008 DATE: Tuesday, March 25, 2008 LOG NAME: 20HERBICIDE08 REFERENCE NO.: **C-22724 SUBJECT: Authorize Execution of Contract with SprayMax, Inc., for the 2008 Herbicide Treatment Program RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with SprayMax, Inc., in the amount not-to-exceed $75,000 for the 2008 Herbicide Treatment Program. DISCUSSION: The Storm Water Management program was established to reduce flooding in Fort Worth, preserve streams, minimize water pollution and to operate the storm water system in a more effective manner to fully comply with state and federal regulatory requirements. This will be accomplished by infrastructure reconstruction and system maintenance, master planning, enhanced development review, and increased public education and outreach. The work to be performed under this contract provides for the application of herbicide along an estimated 45 miles of drainage channels and at approximately 330 drainage structures. Herbicide is applied once or twice yearly, depending upon field conditions, typically during the months of June and October. The contract documents stipulate that the total quantities listed are estimates and may not reflect actual quantities. The not-to-exceed figure is based on the budgeted estimate of $75,000 annually. Final payments will be made based on actual measured quantities of resources expended, and funds remaining will be verified individually for each work order prior to authorizing the work. The bid documents also include a provision for the City to exercise an option to renew this contract for two additional one-year periods, under the same terms, conditions, and unit prices, without returning to Council if funding has been appropriated in the current year budget for this purpose. This project was advertised for bid on January 17, 2008 and January 22, 2008. On February 7, 2008 the following bids were received: BIDDERS BID AMOUNT TIME OF CONTRACT SprayMax, Inc. $62,892.00 270 Calendar Days Landmark Earth Services, LLC $70,280.00 Vegetation Management Specialist Inc. $72,780.00 A waiver of the goal for M/WBE subcontracting requirements was requested by the department and approved by the M/WBE office, because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. Services under this contract will be provided in ALL COUNCIL DISTRICTS. '�' http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/28/2008 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Storm Water Utility Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE69 539120 0209301 $75,000.00 Submitted for City Manager's Office-by: Fernando Costa (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Cannon Henry (2587) - http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/28/2008 CITY OF FORT WORTH DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS STORM WATER MANAGEMENT DIVISION ADDENDUM NO. 1 2008 HERBICIDE TREATMENT PROGRAM PROJECT NUMBERS: PROJECT NO. PE 69 539120 0209206 RELEASE DATE:January 28,2008 BID RECEIPT DATE: 1:30 PM,February 7,2008(Delayed one week,per this addendum) INFORMATION TO BIDDERS: The Specifications and Contract Documents for the above mentioned project are revised and amended as follows: In "NOTICE TO BIDDERS", revise the bid opening date from January 31, 2008 to February 7,2008. All other provisions of the plans, specifications and contract document for the project which are not expressly amended herein shall remain in full force. This Addendum No. 1 forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provided below, in the Proposal and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to be rejected as being non-responsive. RECEIPT ACKNO DGED: ROBERT D.GOODE,P.E. DIRECTOR,DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS By. I I D n McChesney,P.E. Engineering Manager a Department of Transportation and Public Works/ Storm Water Management TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Proposal 4. Vendor Compliance 5. Prevailing Wage Laws and Rates 6. Minority and Women Business Enterprises Specifications 7. Special Provisions 8. Project Sign Details and Herbicide Treatment Locations 9. Contractor Compliance with Worker's Compensation Law 10. Certificate of Insurance 11. Payment Bond 12. Contract NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals for the following: 2008 HERBICIDE TREATMENT PROGRAM PROJECT NO. PE 69 539120 0209206 Addressed to Charles Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., January 31, 2008 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Specifications and Contract Documents for this project may be purchased for twenty dollars ($20.00) per set at the Office of the Storm Water Management Division, Transportation and Public Works Department, Room G146, Public Safety Building, 1000 Throckmorton Street, Fort Worth, Texas. These documents contain additional information for prospective bidders. Bid security is required in accordance with the Special Instruction to Bidders. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Storm Water Division at(817)392-2578. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. Special Note: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. The MWBE Offce h'as;waiv`ed thesgoal`for this project. The Managing Department for the project is the Department of Transportation and Public Works/Storm Water Management Division. For additional information,contact Cannon R. Henry, PE at(817)392-2587. CHARLES BOSWELL MARTY A. HENDRIX CITY MANAGER CITY SECRETARY Don McChesney, P.E. Engineering Manager Department of Transportation and Public Works/ Storm Water Management Advertising Dates: January 17,2008 January 22,2008 a . - 2 - Y SPECIAL INSTRUCTIONS TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re- advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. - 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYMENT PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the Contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. if the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. All contracts shall require a Maintenance Bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or 0 material. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or ., delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. 8. WAGE RATES: All bidders will be required to comply with provision 5159a of "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 Transportation and Public Works Director for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10.INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers' Compensation .. (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos .. owned, hired, and non-owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current 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 workers' compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. - K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11.NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non- resident bidder unless the non-resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a Contractor whose ultimate parent .. company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a Contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. Ma 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. .n ,A 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accord with City of .. Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business w enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with Documentation) and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the 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: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 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 must meet the terms of 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. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE 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 M/WBE Office should be notified. • If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: r 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE 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 Summary Payment Report Form to reflect the total participation from ALL (M/WBE and non-MM/BE's) 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 M/WBE Ordinance, call .. (817) 871-6104. _ Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a fm Go Minority/Women Business Enterprise (M/WBE) 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 ,m substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for 40 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 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.PAYMENT FINAL PAYMENT PROJECT ACCEPTANCE AND �. WARRANTY: The Contractor will receive full payment (less 5% retainage) from the City for each pay period. Payment of the retainage will be made with the final payment upon acceptance of the project as being complete. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the Contractor and the City. The warranty period shall begin as of the date that the final punch list has been completed. 15.OZONE ALERT DAYS: The Contractor shall be required to observe the - following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. - 10:00 a.m, being critical ozone forming periods each day. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days, the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Ozone Alert Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. A 1 w 16.WORKERS' COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers' Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of E, 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 amounts and filing of any - coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate ' of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage '� has been extended. as .. E. The Contractor shall obtain from each person providing services on a project, and provide to the City: 1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project to: 1) Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) Obtain from each other person or entity with whom it contracts, and provide to the Contractor: a) a certificate of coverage, prior to the other person or entity beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6) Notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on •• the project; and 7) Contractually require each person with whom it contracts, to = perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, 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 must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17.AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any officers, members, agents or employees who engage in - the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age 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, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18.DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. - 3 - PROPOSAL CITY OF FORT WORTH DEFARTMENI T OF TRANSFORTATION AND PUBLIC WORKS STORM WATER NIANAGENU MI DIVISION ADDENDUM NO.2 2008 HERBICIDE TREATMENT PROGRAM FRWECT NUMBED, PROJECT NO. PE 69 639120 0209206 RELEASE DATE:February<,2008 13I17 RRCMP'T DATE: 1:30 PK February 7,2008 NIIYORMAnON, TO BMDERS: - The Specifleetiona and Contmct'Documents for the above mentioned project are revised and asnendod as faliowe; 1, In Section 3—Proposal, please marid the bid quarnities to read as follows: PAY APPitOX. UNIT TWAL MM UQ ANTITX DESCRIPTION OF CMS PRICE AMOUNT BID PROD DESIGNATION SIGNS 1. 8 EA ,eekh.V� i n e- Dollars& $_ .. 5 ' Ze�20 Cents Per FA HERBICIDE TREATMENT OF 2. 30,000 LF CHze-Rp (1Nidth is olls sr8�S5) $ - eig Cents per LF. HERBICIDE TREATMENT OF 3. 94,040 LF CHANNELS 5.0'Width) $ $ pp, co ollars fW21 VC �Cents Per LF. HERBICIDE TREATMENT OF 4. 50,000 LF CH N ELS (51'T 7 'WICIc $ —I-� $ g' 50c). 0 0 5evea eel_ Cents Per LF. Ed Wd2O:Eo z00z vo 'sad SS=S=i zez 2ie : 'ON ONOHd ovogL 'Xl'ssaind 'ONI 'XUWAUNdS : WOad HERBICIDE TREATMENT OF 50,400 LF eke (75'- 1OQail�rs ) ' 2 0 1 /D D00. 01) Cents Per LF. HERBICIDE TREATMENT OF 6. 20,000 LF CHANNELS (Width is 100'or � $ Jet L.�D� , oc) gr ater) Ze Dollars & e Cents Per LF. 11 HERBICIDE TREATMENT OF 7, 330 EA 5e C t Ueilers & e D Contra Per EA. TOTAL 1rJVlOUNT OF BID$ �J 2, ? 1Q 2 , O� 2. in Section 7—special Provisions, 7+rojrtt Aecigpautfou Signs",pleaao atnsnd thv e.vtion as al~own below: It will Ix the roapon6ibilig of the Contractor to have the individual project sips lettered and painted In ac=dance with the enclosed dmil. 'The quality of the pains,painting and l+ttoring on tho sigw shall bo approved by the Buginacr, The hoi&and arrangetnc:at of the lotterfng shall be In accordance with the latest City standard detail, ;FM-alga smil be 77tase-sips shall ba wide la 4—feet in licight and installed on barricades or ss directed by the Engineer and placed at tho project site upon commencement of#riw Q60"Numvin In Section S—Frojeet Sian Deeailt and Hetbitide Trelttttent Locations,peace ropiact:to Project Sign Detail With the Attached auropla Project Sign detail. 4. In Section 6—Project Sign]stalk and Hetticida Trcatn=r Locations;plans amend the Hubicidp Treatm iT Locations to inelµde tin attached proposed drainage stream list. f All other prorsions of this plans, spcci&otions and contract document for the project which arc not expressly amcndcd herein shall remain in full fora, This Addendum No. 2 forets a part of the Conttaet 13acarneuts refemnced above and modifies the OrWml Contract R Documents and Plans. Acbwwlcdgc receipt of this A&ktidum in the space provided below. hi the Proposal and acknowledge m ostvt on the outer savelopo of your bid Failure w aarlowlodgo romipt of this Adclendmi could subject the bidder to be rsjemed as being non-mSpoasive. RECEC)� EI7{3 ROBER.T D.GOODIF P.B. DIRECTOR,DiE.PARTM uVr OF TRAN8FQATATI0N AND PIX IC'WORKS McChcaney,P.E. Bngittosritt�Mtmagcr DcNefsment of?Yanspar�tion and Public Works! Storm'grater Mansgcmont s eel Ed WdEO:E0 MOE 170 'sad S22Z ZBE LZB : 'ON dNOHd Cp09L 'X1`ssaln3 'DNI `XCW�lC�idS W06-d THIS CONTRACT INCLUDES WORK ANYWHERE WITHIN THE CITY OF FORT WORTH The City shall have the right to increase or decrease of the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or substituted with no allowances will be made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. It should be noted that bid quantities of the various items in this proposal are for comparison only and may not reflect the actual quantities. Moreover, there is to be no limit on the variations between the estimated quantities shown and the actual quantities performed or used. In particular, the Contractor shall be aware that it is the City's intention that the quantities in this proposal be used for bidding purposes only. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of$75,000 shall be awarded with final payment based on actual measured quantities and the unit price bid in cr this proposal. Moreover, there is to be no limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City but will in no case exceed $75,000 including all change orders. This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991.The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. -� The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within TWO HUNDRED SEVENTY (270) Calendar Days 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, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within M10 HUNDRED SEVENTY (270) Calendar Days after beginning construction as set forth in the written work order to be furnished by the Owner. (1/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) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted: Contractor SIOWMAX, Tac By ,. a /3o5V7 Address PT eie T '5713 Telephone 903 I9 l g (SEAL) Date ' IO SprayMAX, Inc. — Wester Di v ision Equipment List 2004 Ford F-250 —200 Gallon Spray Truck 2000 Ford F-550 Super Duty— 500 Gallon Spray Truck 1998 International 470OLP — 800 Gallon roadside Spray Truck- Computer Rate Control 1999 International 470ODT—2000 Gallon roadside Spray Truck — Computer Rate Control — Chemical Injection 2000 International 4700 — 2000 Gallon roadside Spray Truck— Computer Rate Control — Chemical Injection 2004 Ford F-550 —600 Gallon Spray Truck 2001 Ford F-450 —450 Gallon Spray Truck 2001 Ford F-650 — 1250 Gallon roadside Spray Truck - Computer Rate Control — Chemical Injection 3 — Kubota RTV900 — 100 Gallon Spray Rig u m U U c c O O = 2 v v N N O N 0 M M 0 0 0 O) M �# 01- 0 1,- co000000 O O 0 CD In I,- 0 00 co NcM N0wO000 t L9 9 L? �) 1-t N 0 LO LO In N - a M ce) m cr) Co r-L Ci A A A r 00 00 0000 � 0) 0) 0) 0) c'MOoOOOOOD M O O M M O M M M M Nr � co co I� r J X � � � P+ X X X CF X-XXXF N F— F— 0 w F— F— F— F— L w LO LO -le O O � p. O CD OCD00- r N T T N m m m m m m m11, O O OMOOOOM a: n. Q: a d d (l a CV 1K WLO N 00coLnc'Mcocroc'M N O � M M 0) O M C)I O 't O 00o N LO 0) 0 J �Cr) � cCYicD � � V LO d' C N U V > �to -1 ofa Z ` C oYV � UUr c � c aj N of a) Q co CL w E : — 3 3 a) CU 0 > M -0 z w c(n � �0 F`° Q �° a 0 0 ,n U o a 2-1 c� U 7 7 U) U) Q l FROM SPRAYMAX, INC. Euless,TX. 76040 PHONE NO. : 817 283 1335 Apr, 27 2007 12:42PM P1 am TEXAS DEPARTMENT OF AGRICULTURE e TODD STAPLES,COMMISSIONER Y P,0.BOX 12847 AUSTIN,TX 78711-2847 < � (877)LiC-AGRI(877-542-2474) For the hearing Impaired:(800)735-2888 TOO (800)735-2988 VOICE wwW.aar.s4 teAx,U8 COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met TDA Client No. 00*5152 the requimments of Texas Agriculture Code Chapter 76,relating to application of restricted-use or staUlAimited-use pcslioides or TDA License No. 0126179 regulated herbicides,This license is Issued for purchase and application of restricted-use or State-Ilmited-use pesticides or Effective Date: February 28,2007 regulated herbicides to be used according to•labei directions consistent with the use categories listed below. Expiration Date:, February 28,2008 WILLIAM ANSLEY JR. PO Sox 7241 CATEGORIES; SHREVEPORT LA 71137-7241 BA,5,3A TEXAS DEPARTMENT OF AGRICULTURE TODO STAPLES,COMMISSIONER P.O.BOX 12847 AUSTIN.T7( 78711-2847 ` c" (877)LIC-AGRI(877442-2474) For the hearing impaired:(800)735-2989 YDD (800)735-2988 VOICE WWW.8gLjU EB+,tX.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This i3 to cer*that the person whose name appears below has met TDA Client No. 0028004$ the roquiremedts of Texas Agrcullure Code Chapter 70,relating to application of restricted-use or stato-limited•use pesticides or TDA License No. 0358933 regulated herbicides.This license is issued for purchase and application of restricted-use or state-limiled-use pesticides or Effeotiva Date: February 28,2007 regutatgd harblddes to be used according to label directions consistent with the use categories listed bcicw. expiration Date: February 20,2008 KYLE WARD -. 1350 ROYAL PARKWAY •,s�gTEGORIE5: EULESS TX 76640 5.3A TEXAS DEPARTMENT OF AGRICULTURE ? �^ TODD STAPLES,COMMISSIONER P.O.BOX 12841 AUSTIN,.TX 78711-2847 M LIC-AGRI 877-542-2474) 877) For the hearing impaired:(80)735-2989 TDD (800)735-2988 VOICE www aar s!a tx is COMMERCIAL PESTICIDE APPLICATOR LICENSE FtDO.Wdfyhe person whose name appears below has met TDA Client No. 00348666 axes Agriculture Code Chapter 76,relating toced_use or state-limlied.use pcstiddes or TDA License No. 0451939 regulated herbicides.This license is issued ror purchase and apphwbon of reatncted-use Of state-limited-use pesticides or regulated herbicides to be used according to label directions consistent Effective Date: April 1g_2007 with the use categories listed beiow, Expiration Date; April 19,200a PAUL ANSLEY 1300 ROYAL PKWY EULESS TX 76040 CATEGORIES: 5 FEB-04-2008 10:02 RED RIVER SPECILTIES INC P.02i02 F�P, S DEPARTMENT OF AGRICULTURE CEU COURSE ATTENDANCE w P.O-Box 12847 Austin,TX 78711-2847 Date Location Course# Gen L R IPM DriftCOMMERCIAL PESTICIDE APPLICATOR LICENSE NO: 00184652 Effective Date:03/01/07 License No.0143018 pate Expires: 02/28/08 CHARLES A SHEPHARD --� - —u PO BOX 7241 $HREVEPORT,LA 71137-7241 Categories.6A.5.3A - -- - �, USE FALL POINT PEN ONLY FEB-04-2008 10:01 RED RIVER SPECILTIES INC P.01i02 TRIS IS YOUR LICENSE.CAREFULLY TRI'M�AWAY EXCESS MARGINS AND DISPI.-AY AT ALL TIMFS. TEXAS DEPARTMENT OF AGRICUI-TORE f SUSAN COMBS, COMMISSIONER a Y P. O. BOX 12847 AUSTIN,TX 78711-2847 (877) LIC-AGRI (877-542-2474) P•Tt xt+s.� For the hearing impaired: (800)735-2989 TDp (600)735-2988 VOICE www.agr.state-tx-us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met TDA Client No.001$4652 the requirements of Texas Agriculture Code Chapter 76,relating to TDA License No.0143016 application of restricted-use or state-limited-use pesticides or regulated herbicides.ThiS license is issued for purchase and application of restricted-use or state-limited-use pesticides or regulated herbicides to Effective Date:March 1,2007 be used according to label directions consistent with the use categories Expiration Dale: February 28, 2008 listed below- CHARLES A SHEPHARD CATEGORIES: PO BOX 7241 6A,5,3A a ,4 - Applicators are required to keep certificates of completion for 12 months following renewal of a license. 4 TAC§7.24(s) Regulations and statutory provisions governing pesticide applicator licensees and their use of pesticides may be found in Chapter 7,Title 4,of the Texas Administrative Code and Chapter 76 of the Texas Agriculture Code,respectively. TDA's web site provides convenient links to these laws. Failure to comply with these laws,including misuse of any pesticide,may result in revocation, suspension,modification,or probation of your license and/or assessment of monetary administrative penalties. If you have questions regarding your license,please contact our Austin headquarters toll free at(877) LIC-AGRI(877-542-2474),or visit our web site at www.agnstate.tx.us. For the hearing impaired,you may call Relay Texas(800)735-2988(voice)or(800)735-2989(TDD)or visit our web site. TEXAS DEPARTMENT OF AGRICULTURE TDA Categories: P.O.Box 12847 Austin,TX 1.Agricultural Pest Control I Ornamental Plant and Turf A.COMMERCIAL PESTICIDE APPLICATOR B.Fr i C Peat Control Control LICENSE B.Fnttit,Nuthd and Vegetable A.Plant Pest&Weed Control Pest Control B.Gteenbouse Pest Control C.Weed tit Brush Control in 4.Seed Trcatmerrs TDA client No: 00266418 Effective Date:02/26/2007 pasture and rangeland S.Right-or-way Pest Control D.Predatory Animal Control 6.Aquatic Pest Control License No. 0270270 Date Expires: 02/28/2008 E.Farm Storage Pest Control A.Aquatic Plant and Animal and Fumigation Pest Control ALEX SMALLING F.Animal Pest Control B.Anti-foaling Paint PO BOX 13131 G.Citrus Peat Control 7.Demonstration and Research MONROE LA 71213 H.Livestock Protection Collar &Regulatory Pest Control L M-44 9.Aerial Application Categories:2 2.Forest Pest Control 10.Chemigation TfUS IS YOUR LICENSE.CAREFULLY TRIM AWAY EXCESS MARGINS AND DISPLAY AT ALL TIMES. TEXAS DEPARTMENT OF AGRICULTURE it TODD STAPLES,COMMISSIONER P.O. BOX 12847 AUSTIN,TX 78711-2847(877)LIC-AGRI(877-542-2474) For the hearing impaired:(800)735-2989 TDD (800)735-2988 VOICE www.aar.state.tx.us COMIIZERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met TDA Client No. ooms416 the requirements of Texas Agriculture Code Chapter 76,relating to application of restricted-use or state-limited-use pesticides or TDA License No. 0270270 regulated herbicides.This license is issued for purchase and application of restricted-use or state-timised-rue pesticides or Effective Date: February 28,2007 regulated herbicides to be used according to label directions consistent with the use categories listed below. Expiration Date: February 28,2008 i ALEX.SMALLING PO BOO 13131 7 CATEGORIES: MONROE L. 1213 2 r 4 10 :lppliccrlors ure required to keel)cerlifrcules oJ'co1npletion.fhr 12 n7onths.1b1lowin� reneivul o .0 liccn.se. 4 TAQ7.24(s) Regulations and statutory provisions governing pesticide applicator licensees and their use of pesticides may be found in Chapter 7, Title 4, of the Texas Administrative Code and Chapter 76 of the Texas Agriculture Code, respectively. TDA's web site provides convenient links to these laws. Failure to comply with these laws, including misuse of any pesticide, may result in revocation, suspension, modification, or probation of your license and/or assessment of monetary administrative " penalties. If you have questions regarding your license, please contact our Austin headquarters toll free at (877) �. LIC-AGRI (877-542-2474), or visit our web site at www.agr.state.tx.us. For the hearing impaired, you may call Relay Texas (800) 735-2988 (voice) or (800) 735-2989 (TDD) or visit our web site. TEXAS DEPARTMENT OF AGRICULTURE TDA Categories: P.O. Box 12847 Austin,TX +—"��q I.A_ricultural Pest Control 3.Ornamental Plant and Turf COMMERCIAL PESTICIDE APPLICATOR bar A.Field Crop Pest Control Control "= B.Fruit.Nut and Vegetable A. Plant Pest&Weed Control LICENSE '# � �'E—"''� i'cst Control B.Greenhouse Pest Control C.Weed&Brush Control in 4.Seed Treatments pasture and rangeland 5.Right-of-way Pest Control TDA Client No: 00163371 Effective Date:02:'28.20t17 D.Predatory Animal Control 6.Aquatic Pest Control License No. 0124302 Date Expires: 02.28,2009 E. Farm storage Pest Control A.Aquatic Plant and Animal and Fumigation Pest Control RUSSELL EDWARDS F. Animal Pest Control B.Anti-fouline Paint PO BOX 130547 G.C'itrus Pest(,ontrol 7.Demonstration and Research TYLER TX 75713-0547 11.Livestock Protection Collar 8.Regulatory Pest Control 1. M-44 9.Aerial Application Categories: 5 2.Forest Pest Control 10.C humigation THIS IS YOUR LICENSE.CAREFULLY TRiM AWAY EXCESS MARGINS AND DISPLAY AT ALL TiMES. TEXAS DEPARTMENT OF AGRICULTURE T`-=F,, TODD STAPLES, COMMISSIONER P. O. BOX 12847 AUSTIN, TX 78711-2847 (877) LIC-AGRI (877-542-2474) 1p1a5 For the hearing impaired: (800) 735-2989 TDD (800) 735-2988 VOICE www.aqr.state.tx.us COMMERCIAL PESTICIDE APPLICATOR LICENSE da This is to certify that the person whose name appears below has met TDA Client No. 00163371 the requirements of Texas Agriculture Code Chapter 76, relating to application of restricted-use or state-limited-use pesticides or TDA License No. 0124302 do regulated herbicides.This license is issued for purchase and application of restricted-use or state-limited-use pesticides or Effective Date: February 28,2007 regulated herbicides to be used according to label directions consistent with the use categories listed below. Expiration Date: February 28,2008 as RUSSELL EDWARDS PO BOX 130547 CATEGORIES: TYLER TX 75713-0547 5 no w w 14 Applicators are required to keep certificates of completion,for 12 months following renewal of a as license. 4 TAC57.24(s) Regulations and statutory provisions governing pesticide applicator licensees and their use of pesticides may be found in Chapter 7, Title 4, of the Texas Administrative Code and Chapter 76 of the •• Texas Agriculture Code, respectively. TDA's web site provides convenient links to these laws. Failure to comply with these laws, including misuse of any pesticide, may result in revocation, suspension, modification, or probation of your license and/or assessment of monetary administrative penalties. If you have questions regarding your license, please contact our Austin headquarters toll free at(877) LIC-AGRI (877-542-2474), or visit our web site at www.agr.state.tx.us. For the hearing impaired, you may call Relay Texas (800) 735-2988 (voice) or(800) 735-2989 (TDD) or visit our web site. TEXAS DEPARTMENT OF AGRICULTURE TDA Categories: P.O. Box 12847 Austin,TX a,��+��n 1.Agricultural Pest Control 3.Ornamental Plant and Turf ' �� A.Field Crop Pest Control Control COMMERCIAL PESTICIDE APPLICATOR �' 1~ B.Fruit,Nut and Vegetable A.Plant Pest&Weed Control LICENSE rraa5" Pest Control B.Greenhouse Pest Control C.Weed&Brush Control in 4.Seed Treatments TDA Client No: 00347176 Effective Date:01/26/2007 pasture and rangeland 5.Right-of-way Pest Control D.Predatory Animal Control 6.Aquatic Pest Control License No. 0449803 Date Expires: 01/26/2008 E.Farm Storage Pest Control A.Aquatic Plant and Animal and Fumigation Pest Control ROBERT GREGORY F. Animal Pest Control B.Anti-fouling Paint PO BOX 130547 G.Citrus Pest Control 7.Demonstration and Research TYLER TX 75713 H.Livestock Protection Collar 8.Regulatory Pest Control I. M-44 9.Aerial Application Categories:5,3A 2.Forest Pest Control 10.Chemigation THIS IS YOUR LICENSE.CAREFULLY TRIM AWAY EXCESS MARGINS AND DISPLAY AT ALL TIMES. TEXAS DEPARTMENT OF AGRICULTURE SUSAN COMBS, COMMISSIONER P. O. BOX 12847 AUSTIN,TX 78711-2847 (877) LIC-AGRI (877-542-2474) 'JpxpS•' For the hearing impaired: (800)735-2989 TDD (800) 735-2988 VOICE www.agr.state.tx.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met TDA Client No. 00347176 the requirements of Texas Agriculture Code Chapter 76, relating to application of restricted-use or state-limited-use pesticides or TDA License No. 0449803 regulated herbicides.This license is issued for purchase and w application of restricted-use or state-limited-use pesticides or Effective Date: January 26,2007 regulated herbicides to be used according to label directions consistent with the use categories listed below. Expiration Date: January 26,2008 ROBERT GREGORY PO BOX 130547 CATEGORIES: TYLER TX 75713 5,3A w Applicators are required to keep certificates of completion for 12 months_following renewal of'a license. 4 TAC§7.24(s) Regulations and statutory provisions governing pesticide applicator licensees and their use of pesticides may be found in Chapter 7, Title 4, of the Texas Administrative Code and Chapter 76 of the Texas Agriculture Code, respectively. TDA's web site provides convenient links to these laws. Failure to comply with these laws, including Misuse of any pesticide, may result in revocation, suspension, modification, or probation of your license and/or assessment of monetary administrative penalties. If you have questions regarding your license, please contact our Austin headquarters toll free at(877) LIC-AGRI (877-542-2474), or visit our web site at www.agr.state.tx.us. For the hearing impaired, you may call Relay Texas (800) 735-2988 (voice) or(800) 735-2989 (TDD) or visit our web site. TEXAS DEPARTMENT OF AGRICULTURE TDA Categories: P.O.Box 12847 Austin,TX rs�ec� 1.Agricultural Pest Control 3.Ornamental Plant and Turf c A.Field Crop Pest Control Control COMMERCIAL PESTICIDE APPLICATOR B.Fruit.Nut and Vegetable A.Plant Pest&Weed Control LICENSE fExrs' Pest Control B.Greenhouse Pest Control C.Weed&Brush Control in 4.Seed Treatments TDA Client No: 00223874 Effective Date:02/28/2007 pasture and rangeland 5.Right-of-way Pest Control D.Predatory Animal Control 6.Aquatic Pest Control License No. 0180423 Date Expires: 02128/2008 E.Farm Storage Pest Control A.Aquatic Plant and Animal and Fumigation Pest Control ARCHIE NEWBURN III F. Animal Pest Control B.Anti-fouling Paint PO BOX 130547 G.Citrus Pest Control 7.Demonstration and Research TYLER TX 75713-0547 H.Livestock Protection Collar 8.Regulatory Pest Control 1. M-44 9.Aerial Application Categories:6A,5.3A,1 C 2.Forest Pest Control IQ.Chemigation r� rw THIS IS YOUR LICENSE.CAREFULLY TRIM AWAY EXCESS MARGINS AND DISPLAY AT ALL TIMES. TEXAS DEPARTMENT OF AGRICULTURE `Of a Yer��ck TODD STAPLES, COMMISSIONER ti P. O. BOX 12847 AUSTIN, TX 78711-2847 (877) LIC-AGRI (877-542-2474) �+ For the hearing impaired: (800)735-2989 TDD (800)735-2988 VOICE www.aqr.state.tx.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met TDA Client No. 00223874 the requirements of Texas Agriculture Code Chapter 76, relating to .M application of restricted-use or state-limited-use pesticides or TDA License No. 0180423 regulated herbicides.This license is issued for purchase and application of restricted-use or state-limited-use pesticides or Effective Date: February 28,2007 regulated herbicides to be used according to label directions consistent with the use categories listed below. Expiration Date: February 28,2008 ARCHIE NEWBURN III PO BOX 130547 CATEGORIES: TYLER TX 75713-0547 6A,5,3A,1 C w 70 w Applic•atons are required to keep certificates of conlpletion for 12 months.fvllowing renewal of a license. 4 TAC§7.24(s) Regulations and statutory provisions governing pesticide applicator licensees and their use of pesticides may be found in Chapter 7, Title 4, of the Texas Administrative Code and Chapter 76 of the Texas Agriculture Code, respectively. TDA's web site provides convenient links to these laws. .. Failure to comply with these laws, including misuse of any pesticide., may result in revocation, suspension, modification, or probation of your license and/or assessment of monetary administrative penalties. # If you have questions regarding your license,please contact our Austin headquarters toll free at(877) LIC-AGRI (877-542-2474), or visit our web site at www.agr.state.tx.LIS. For the hearing impaired, you may call Relay Texas (800) 735-2988 (voice)or(800) 735-2989 (TDD) or visit our web site. TEXAS DEPARTMENT OF AGRICULTURE TDA Categories: P.O.Box 12847 Austin,TX +q 1.Agricultural Pest Control 3.Ornamental Plant and Turf t }� A.Field Crop Pest Control Control COMMERCIAL PESTICIDE APPLICATOR Y� * 1 B.Fruit,Nut and Vegetable A.Plant Pest&Weed Control LICENSE �> .`'' rr=``" Pest Control B.Greenhouse Pest Control C.Weed&Brush Control in 4.Seed Treatments pasture and rangeland 5.Right-of-way Pest Control TDA Client No: 00275922 Effective Date:02;28/2007 D.Predatory Animal Control 6.Aquatic Pest Control License No. 0362533 Date Expires: 02128/2008 E.Farm Storage Pest Control A.Aquatic Plant and Animal and Fumigation Pest Control JAMES MOORE F. Animal Pest Control B.Anti-fouling Paint PO BOX 130547 G.Citrus Pest Control 7.Demonstration and Research TYLER TX 75713-0000 H.Livestock Protection Collar 8.Regulatory Pest Control I. M-44 9.Aerial Application Categories:5 2.Forest Pest Control 10.Chemigtttion THIS 1S YOUR LICENSE.CAREFULLY TRIM AWAY EXCESS MARGINS AND DISPLAY AT ALL TIMES. TEXAS DEPARTMENT OF AGRICULTURE 4r TODD STAPLES, COMMISSIONER +, - p15 P. O. BOX 12847 AUSTIN, TX 78711-2847 (877)LIC-AGRI(877-542-2474) rexa's• For the hearing impaired: (800)735-2989 TDD (800)735-2988 VOICE www.aqr.state.tx.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met TDA Client No. 00275922 the requirements of Texas Agriculture Code Chapter 76,relating to application of restricted-use or state-limited-use pesticides or TDA License No. 0362533 regulated herbicides.This license is issued for purchase and application of restricted-use or state-limited-use pesticides or Effective Date: February 28,2007 regulated herbicides to be used according to label directions consistent with the use categories listed below. Expiration Date: February 28,2008 JAMES MOORE w PO BOX 130547 CATEGORIES: TYLER TX 75713-0000 5 84 atw Applicalors are required to keep certificates of con7pletion for• 12 inonths folloµ'ingJ renewal of a license. 4 TAC§7.24(s) Regulations and statutory provisions governing pesticide applicator licensees and their use of pesticides may be found in Chapter 7,Title 4, of the Texas Administrative Code and Chapter 76 of the Texas Agriculture Code, respectively. TDA's web site provides convenient links to these laws. Failure to comply with these laws, including misuse of any pesticide, may result in revocation, suspension, modification, or probation of your license and/or assessment of monetary administrative penalties. If you have questions regarding your license, please contact our Austin headquarters toll free at(877) LIC-AGRI (877-542-2474), or visit our web site at www.agr.state.tx.us. For the hearing impaired, you may call Relay Texas (800) 735-2988 (voice) or(800) 735-2989 (TDD) or visit our web site. TEXAS DEPARTMENT OF AGRICULTURE TDA Categories: P.O.Box 12847 Austin,TX I.Agricultural Pest Control 3.Ornamental Plant and Turf ��. A.Field Crop Pest Control Control COMMERCIAL PESTICIDE APPLICATOR ( / 13.Fruit.Not and Vegetable A.Plant Pest&Weed Control LICENSE 'rs=`"' Pest Control H.Greenhouse Pest Control C.Weed&Brush Control in 4.Seed Treatments pasture and Rangeland 5.Right-of-way Pest Control TDA Client No; 00329776 Effective Date:02i28,2007 D.Predatory Animal Control 6.Aquatic Pest Control License No. 0404893 Date Expires: 02!28/2008 E.Farm Storage Pest Control A.Aquatic Plant and Animal and Fumigation Pest Control COLE ADAMS F.Animal Pest Control H.Anti-fouling Paint PO BOX 130547 G.Citrus Pest Control 7.Demonstration and Research TYLER TX 75713 H.Livestock Protection Collar 8.Regulatory Pest Control 1. M-44 9.Aerial Application Categories:5,3A 2.Forest Pest Control 10.Chemigation w� THIS IS YOUR LICENSE.CAREFULLY TRIM AWAY EXCESS MARGINS AND DISPLAY AT ALL TIMES. TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES, COMMISSIONER P. O. BOX 12847 AUSTIN, TX 78711-2847 (877)LIC-AGRI (877-542-2474) rexas'� For the hearing impaired: (800)735-2989 TDD (800)735-2988 VOICE www.agr.state.tx.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met TDA Client No. 00329776 the requirements of Texas Agriculture Code Chapter 76,relating to application of restricted-use or state-limited-use pesticides or TDA License No. 0404893 regulated herbicides.This license is issued for purchase and — application of restricted-use or state-limited-use pesticides or Effective Date: February 28,2007 regulated herbicides to be used according to label directions consistent with the use categories listed below. Expiration Date: February 28,20D8 COLE ADAMS PO BOX 130547 CATEGORIES: TYLER TX 75713 5,3A tttr 00 Applicaiois are required io keep cer/ificales of cvmplelion.for 12 mvnlhs.lbllowing ren";al of a license. 4 TAQ7.24(s) Regulations and statutory provisions governing pesticide applicator licensees and their use of pesticides may be found in Chapter 7, Title 4,of the Texas Administrative Code and Chapter 76 of the Texas Agriculture Code, respectively. TDA's web site provides convenient links to these laws. Failure to comply with these laws, including misuse of any pesticide,may result in revocation, suspension, modification, or probation of your license and/or assessment of monetary administrative penalties. ++l If you have questions regarding your license, please contact our Austin headquarters toll flee at(877) LIC-AGRI (877-542-2474), or visit our web site at www.agr.state.tx.us. For the hearing impaired, you may call Relay Texas (800) 735-2988 (voice)or(800) 735-2989 (TDD) or visit our web site. TEXAS DEPARTMENT OF AGRICULTURE TDA Categories: P.O.Box 12847 Austin,TX 1.Agricultural Pest Control 3.Ornamental Plant and Turf A.Field Crop Pest Control Control COMMERCIAL PESTICIDE APPLICATOR (ID B.Fruit,Non and Ve ratable A.Plant Pest&Weed Control LICENSE Pest Control B.Greenhouse Pest Control C.Weed&Brush Control in 4.Seed Treatments TDA Client No: 00330596 Effective Date:02/28/2007 pasture and rangeland 5.Right-of-way Pest Control D.Predatory Animal Control 6.Aquatic Pest Control License No. 0429716 Date Expires: 02/28/2008 E.Farm Storage Pest Control A.Aquatic Plant and Animal and Fumigation Pest Control JORGE TAVERA F.Animal Pest Control B.Anti-fouling Paint PO BOX 130547 G.Citrus Pest Control 7.Demonstration and Research TYLER TX 75713 11.Livestock Protection Collar H.Regulatory Pest Control I. M-44 9.Aerial Application Categories:5.3A ?.Forest Pest Control 10.Chernigation t� THIS IS YOUR LICENSE.CAREFULLY TRIM AWAY EXCESS MARGINS AND DISPLAY AT ALL TIMES. TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES, COMMISSIONER P. O. BOX 12847 AUSTIN, TX 78711-2847 (877)LIC-AGRI (877-542-2474) For the hearing impaired: (800)735-2989 TDD (800) 735-2988 VOICE dW www.agr.state.tx.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met TDA Client No. 00330596 the requirements of Texas Agriculture Code Chapter 76,relating to application of restricted-use or state-limited-use pesticides or TDA License No. 0429716 regulated herbicides.This license is issued for purchase and application of restricted-use or state-limited-use pesticides or Effective Date: February 28,2007 regulated herbicides to be used according to label directions consistent with the use categories listed below. Expiration Date: February 28,2008 JORGE TAVERA` PO BOX 130547 CATEGORIES: TYLER TX 75713 5,3A - 4 - VENDOR COMPLIANCE TO STATE LAW VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. { Nonresident vendors inLooi.'51'affa- (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. ❑ BIDDER: S Ra c • By: IwiS 1Veulje-d (Please print) I' .o -61 130 6V Signature: l �e� �S713 Title: ►VL5 �jQ/� 11/15/On / 1(�nGt. e.R. City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION - 5 - 2006 PREVAILING WAGES LAWS AND RATES w Compliance with and Enforcement of Prevailing Wa eg Laws (a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall,upon demand made by the City,pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. (c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor,the City shall make an initial determination, before the 31"day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts y claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023,Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq., Revised r Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph(c) above. If the persons required to arbitrate y under this section do not agree on an arbitrator before the 1 l th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. (e) Records to be Maintained. The contractor and each subcontractor shall,for a period of three (3) years following the date of acceptance of the work,maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii)the actual per diem wages paid to each worker. The records shall be open at all MR reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pay Estimates. With each partial payment estimate or payroll period, whichever is less,the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (g) Postingof Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. , Classifications Hourly Rates Classifications Hrl Rts Air Tool Operator $10.06 Scraper Operator $11.42 Asphalt Raker $11.01 Servicer $12.32 Asphalt Shoveler $8.80 Slip Form Machine Operator $12.33 r, Asphalt Distributor Operator $13.99 Spreader Box Operator $10.92 Asphalt Paving Machine Operator $12.78 Tractor operator, Crawler Type $12.60 Batching Plant Weigher $14.15 Tractor operator, Pneumatic $12.91 Broom or Sweeper Operator $9.88 Traveling Mixer Operator $12.03 Bulldozer operator $13.22 Truck Driver-Single Axle (Light) $10.91 Carpenter(Rough) $12.80 Truck Driver-Single Axle(Heavy) $11.47 Concrete Finisher- Paving $12.85 Truck Driver-Tandem Axle Semi-Trailer $11.75 Concrete Finisher-Structures $13.27 Truck Driver- Lowboy/Float $14.93 Concrete Paving Curbing Mach. O er. $12.00 Truck Driver-Transit Mix $12.08 Wagon Drill, Boring Machine, Post Hole Concrete Paving Finishing Mach. O er. $13.63 Driller $14.00 Concrete Paving Joint Sealer O er. $12.50 Welder $13.57 Concrete Paving Saw O er. $13.56 Work Zone Barricade Servicer $10.09 Concrete Paving Spreader O er. $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe, Derrick, Dra line, Shovel $14.12 Electrician $18,12 Fla er $8.43 Form Builder-Structures $11.63 Form Setter- Paving & Curbs $11.83 Foundation Drill Operator, Crawler Mounted $13.67 Foundation Drill Operator, Truck Mounted $16.30 Front End Loader $12.62 Laborer-Common $9.18 Laborer- Utility $10.65 Mechanic $16.97 Milling Machine Operator, Fine Grade $11.83 Mixer Operator $11.58 Motor Grader Operator Fine Grade $15.20 Motor Grader Operator, Rough Oiler $14.50 Painter, Structures $13.17 Pavement Marking Machine O er. $10.04 Pipe Layer $11.04 + Roller, Steel Wheel Plant- Mix Pavements $11.28 Roller, Steel Wheel Other Flatwheel or a Tamping $10.92 Roller, Pneumatic, Self-Propelled Scraper $11.07 Reinforcing Steel Setter(Paving) $14.86 + Reinforcing Steel Setter Structure $16.29 r. r.. fif4i � AA 9 s a _ lassifications Hourly Rates Classifications Hourly Rates it ConditioningMechanic $17.55 Sheetrock Hanger $13.37 it ConditioningMechanic Helper $10.74 Sheetrock Hanger Helper $9.48 coustic CeilingInstaller $14.26 Sprinkler System Installer $17.86 coustic Ceiling Installer Helper $10.53 Sprinkler System Installer Helper $13.33 Bricklayer/Stone Mason $19.29 Steel Worker Structural $16.20 rickla er/Stone Mason Helper $13.07 Steel Worker Structural Helper $11.71 ar enter $15.76 Welder $15.88 �. ar enter Helper $11.69 Welder Helper $11.25 oncrete Finisher $14.29 oncrete Finisher Helper $10.09 oncrete Form Builder $12.16 oncrete Form Builder Helper $8.81 Drywall Taper $13.25 Drywall Taper Helper $8.00 Electrician Journeyman $19.79 Heavy Equipment Operators Hourly Rates Crane, Clamshell, Backhoe, Electrician Helper $12.95 Derrick, Dra line, Shovel $16.07 Electronic Technician $20.06 Forklift Operator $12.62 Electronic Technician Helper $12.27 Foundation Drill Operator $17.55 Floor Layer(Carpet) $15.17 Front End Loader Operator $13.27 Floor Layer Resilient $15.94 Truck Driver $12.66 Floor Layer Helper $11.00 Glazier $14.35 Glazier Helper $10.32 Insulator Pie $15.05 Insulator Helper Pie $10.12 Laborer Common $9.21 Laborer Skilled $11.59 Lather $15.94 Lather Helper $11.12 Metal Building Assembler $14.29 etal Building Assembler Helper $9.33 Painter $12.86 Painter Helper $8.66 Pi efitter $18.22 Pi efitter Helper $12.90 Plasterer $16.16 Plasterer Helper $9.98 Reinforcing Steel Setter $13.00 Roofer $15.33 Roofer Hel er $10.24 Sheet Metal Worker $15.73 Sheet Metal Worker Helper $10.53 - 6 - MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS now IF FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M/WBE goal is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business i Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's M/WBE goal on this project is 0% (waived) of the total bid(Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the fallowing: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; — 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1"he,Offeror snap deliver the MWBE documentatir ri P P in'persgn J'p b '.-,appropriate employee;of the managing°department and�obtairt dat a rece;"ipt. Such,receipt shall be eviden"ce ity received the doctam. rita#io 'n titer fprt allotted.;A faxed`copjr'tivill not be accepted: 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: o enin date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. openin date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)392-6104. Rev.11/11/05 i - - 7 - SPECIAL PROVISIONS SPECIAL PROVISIONS FOR: 2008 HERBICIDE TREATMENT PROGRAM PROJECT NO. PE 69 539120 0209206 1. SCOPE OF WORK: The work covered by these plans and specifications consists of the herbicide and spraying treatment of approximately 240,000 linear feet of drainage channels, 330 drainage structures and all other miscellaneous items of construction to be performed as outlined in the Specifications, which are necessary to satisfactorily complete the work. AWARDING OF CONTRACT AND CALENDAR DAYS: a) Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid, which is considered to be in the best interest of the City. The contract will be awarded to the lowest responsive and responsible bidder. b) The number of calendar days for the contract shall be 270. This contract shall be a purchase agreement, with the option of two (2) renewals, under the same terms, conditions, unit prices, and by mutual agreement of the Contractor and the City. 2. CONTRACT AWARD: Contract will be awarded to the lowest responsive and responsible bidder. 3. BID QUANTITIES. Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. In particular, the Contractor shall be aware that it is the City's intention that the quantities in the proposal be used for bidding purposes only. The City does not guarantee the construction of any minimum quantity of work, and may order some or none of the work herein specified. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $75,000 shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be no limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City but will in no case exceed$75,000 including all change orders. 4. OPTION TO RENEW:The City has the right to renew this contract for two(2) renewals of$75,000 under the same terms, conditions, and unit prices. The City shall give at least thirty(30)days notice prior to the expiration of 270 days from the date of execution of this contract or of an option period or a like notice at such time as there is less than $20,000 left unexpended. 5. TERMINATION: The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at anytime before the contractor begins any work authorized by the City. 6. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"non-responsive"and rejecting bids or voiding contract as appropriate and as determined by the Director of the Department of Transportation and Public Works. 7. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (a) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits. (b) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: 1. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus$0.15 for each page thereafter — (c) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 8. CONTRACT: This Contract shall be a purchase agreement with the option of two (2) renewals. Contract shall not exceed 270 calendar days following the date of the Contract nor exceed the total price, whichever should occur first. The Contractor shall be required to complete any work covered by a Work Order issued prior to the date of termination, but the Contractor will not be required to accept any work order for execution dated after the date of termination. At the City's option and the Contractor's concurrence, the Contract may be extended for another term with a maximum of 2 renewals. 9. WORK ORDERS: Work Orders will be issued to the Contractor for work to be performed under this Contract. A minimum of 20,000 linear feet of channels or 20 structures will be provided on each work order given to the Contractor. The Contractor shall start construction within 10 calendar days of receiving a written work order. The minimum of 20,000 LF of channels or 20 structures for any Work Order may be at more than one location. The work order shall be deemed complete when the channels or structures are treated with herbicide in accordance with the plans and specifications and an 80% kill of weeds, cattails and or cane within the channel has been established to the satisfaction MG of the Engineer. If more than 2 work orders have not been completed in the required number of calendar days, then no further Work Order will be issued by the City until all Work Orders are complete. 10. DETERMINATION AND INITIATION OF WORK:The Engineer shall determine and designate to the Contractor the location of the sidewalk requiring construction/replacement by a Work Order giving the limits and nature of work required. The Engineer will notify the Contractor that a Work Order is ready and fax the Contractor a copy of the Work Order notification. The Contractor is to provide his fax number to the Engineer at the pre-construction conference. Single or several Work Orders may be issued at one time. The Contractor shall initiate work within ten (10) calendar days of the date the v Work Order is faxed to the Contractor, and continue work on the Work Order until it has been completed. The Contractor shall furnish and supply sufficient equipment and personnel to complete the Work Order in the amount of time provided for in the Work Order. Should the Contractor fail to start any Work Order within the time specified, he shall add the necessary work crews and equipment to prosecute the work to complete the Work Order or Work Orders in the time provided. 11. WORK ORDER COMPLETION TIME: The time of completion of each individual Work Order is an essential element of this contract. Each Work Order issued will have a maximum allowed number of calendar days for the completion of that specific Work Order. The Contractor agrees to complete the work orders within the allotted number of calendar days. Should the Contractor fail to complete an individual Work Order in the given amount of calendar days as specified on each individual Work Order, liquidated damages shall be charged as prescribed in Item 8, Paragraph 8.6 - Failure to Complete Work on Time, in the Standard Specifications for Street and Storm Drain Construction. Time of completion will be subtracted from the final pay estimate of that particular Work Order. The actual installed quantities amount will be used in determining the amount of calendar days allowed. 12. TECHNICAL SPECIFICATIONS:All herbicide shall be mixed and applied in strict accordance with the manufacturers E.P.A. Registered Label. t a) The herbicide used in treatment of vegetation, shall consists of a combination of contract and trans-located herbicide chemicals which will effectively kill all vegetation except bermuda grass using RODEO, X-77 Spreader and Banvel 720 or approved equals. Any bermuda grass that is killed or permanently damaged shall be replanted, by the contractor, by means of seeding, and growth will be assured. Replanting shall be done at no additional cost to the City of Fort Worth. b) The Contractor shall advise the Transportation and Public Works Department, City of Fort Worth, in writing, of the herbicides they are proposes to use in the treatment of vegetation of all types, and shall not proceed with any work until such time as he has received written concurrence. c) Noxious vegetation is defined as weeds, vines, brush, and those trees which are growing in or near the channel bottom. Care shall be taken to avoid unnecessary spraying of short natural grasses which help stabilize creek banks. d) The Contractor shall comply with all pesticide herbicide application requirements as set forth by the Texas Structural Pest Control Board, the Texas Department of Agriculture, the Federal Environmental Protection Agency and manufactures instructions provided with chemicals on n labels and/or in accompanying brochures. If the chemical mix being used is suspect, the Texas Department of Agriculture will be requested to check and verify requirements. ■ .. e) All equipment used by the Contractor for herbicide application must be inspected and licensed by the Texas Structural Pest Control Board or Texas Department of Agriculture and must comply with all applicable State, Federal and OSHA Regulations. The Contractor shall submit a listing of equipment to be used with the bid proposal as a basis of the City of Fort Worth to determine the Contractor's ability to perform the work within the time frame specified within this Contract. A permanent rotating amber caution light will be mounted on top of each piece of equipment that operates from public roads. f) The Contractor must be licensed by the Texas Structural Pest Control Board and the Texas Department of Agriculture. Copies of the licenses and a listing of the license numbers shall be submitted with the bid proposal. g) The Contractor shall furnish with the bid proposal a listing of two (2) supervisors with a minimum of three (3) years experience, licensed in the right-of-way category, and three (3) applicators with a minimum of one (1) year's experience. The Contractor is to furnish a listing with names, addresses, telephone numbers and license numbers. h) The Contractor shall not apply any herbicide when rainfall is forecast within eight hours of time of application, during periods of rainfall, immediately following periods of rain fall or while vegetation retains moisture on the surface of plants or if a given area has a 40% chance of rain within the weather forecast. 13. RESPONSIBILITY FOR PROPERTY DAMAGE: The Contractor shall be responsible for any property damage caused by the use of chemicals, vehicles, or other equipment while engaged in this contract. The Contractor shall pay for and maintain in full force during the tenure of this contract the insurance listed within this Contract Document. The City of Fort Worth shall be provided certified proof that such insurance is in fact, in force prior to the contract work date and will continue in force for the length of the contact. The contractors insurance should address and cover comprehensive chemical draft liability. T COVERAGE LIMITS OF LIABILITY _ (A) Workmen's Compensation Statutory (B) Public Liability (1) Bodily Injury $1,000,000 single limit (2) Property Damage $1,000,000 each accident (C) Motor Vehicle Public Liability (1) Bodily Injury $1,000,000 each person $1,000,000 each accident (2) Property Damage $1,000,000 each accident 14. PAYMENT:Whenever the work prescribed by an individual Work Order has been completed, the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time, perform the inspections. If such inspection reveals that the channels are completed with an 80% kill of weeds, cattails and or cane within the channel and have been a completed in accordance with the terms of the Contract Documents, the Engineer will recommend acceptance of the work under that particular Work Order and recommend payment therefore. If the Engineer finds that the work has not been completed as required, he shall so advise the Contractor in writing, furnishing him an itemized list of all known items, which have not been completed with an 80% kill of weeds, cattails and or cane within the channel or which are not in an acceptable condition. Spot Treatments shall be made within twenty-one (21) calendar days when necessary to secure effective kill as required by these specifications. When the Contractor has corrected all such items, he shall again notify the Engineer that the channels or structures are ready for inspection, and the Engineer shall proceed as outlined above. Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, an estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. The amount of the estimate will be paid to the Contractor after acceptance by the Transportation and Public Works Department Director, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials under that Work Order have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under that Work Order or any act or neglect of said City relating to or connected with the Contract. The making of the payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contr ct Documents,which specifically continue thereafter. Bidder's Initials 15. LIQUIDATED DAMAGES: The Contractor shall pay liquidated damages of one hundred dollars ($100.00) per day per Work Order, for failure to begin a Work Order within the ten (10)calendar days of the date the Work Order is faxed to the Contractor. If the Contractor fails to complete the project within the stipulated construction time on the Work Order, he will pay liquidated damages in the amount stipulated in these contract documents. 16. NON-EXCLUSIVE CONTRACT: This contract is non-exclusive. During the term of this contract or any renewal hereof, the City reserves the right to advertise and award another contact for like or similar work. If a second contractor is awarded, the City further reserves the right to issue work orders under either contract as it deems in its best interest, without recourse. s PAY ITEMS: PROJECT DESIGNATION SIGNS: The Contractor shall construct and install two (2) Project Designation Signs at the locations approved by the Engineer. It will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the latest City standard detail. The sign shall be constructed of%"fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and placed at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports, connections to the support, and maintenance shall be to the satisfaction of the Engineer. The signs shall include all materials, labor, equipment, tools and incidentals necessary to complete the work. HERBICIDE TREATMENT OF DRAINAGE CHANNELS(0'to 100'WIDE): Herbicide treatment shall be applied to vegetation growing in drainage ditches and channels within the ns City limits of Fort Worth, Texas. Areas of drainage ditches and channels to receive herbicide treatment is further defined as being the bottom, sides and banks to the limits of the right-of-way or easement. In the absence of a defined right-of-way line, the top of bank of the ditch or channel wall or grade shall prevail. In the event privately owned walls, fences, terraces or other appurtenances border the ditches or channels, the treatment shall extend only to these appurtenances. The unit price bid per "Linear Foot" shall be full compensation for all materials, labor equipment and - incidentals necessary to complete the work. HERBICIDE TREATMENT AROUND DRAINAGE STRUCTURES: Herbicide treatment shall be applied to vegetation growing in drainage ditches and channels within the City limits of Fort Worth, Texas. Areas of drainage ditches and channel structures to receive herbicide treatment is further defined as the area that is within 150' upstream and 150' downstream of drainage said drainage structure. The unit price bid per"Each"shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. F7 �1 - 8 - PROJECT SIGN DETAIL AND HERBICIDE TREATMENT LOCATIONS FORTWORTH Your Storm Water Funds In Action Storm Water Management Maintenance Program Questions on this project, ca11817-392-5789 (weekdays 730 a.m. - 4:30 p.m.) O tv3: 3:OD D WWt - H > < <0 W�JJUWWW-)m3: ZZZ a nnnN w co W in W nnn 0 000 in 0 LOMnn (D (0 (O Q N N(0(0 O O 0 O 00 (000 (0 (p r W W W w 2 Ir w D� • Z = Y Y w w Z Z Z J z m W W 2 2 Of Z W W Y Y Y Y Y Y Y U U Y Y Y Y Y Z W W m 2 H S m 2 Q Ix ff W W W W W W W 2 U p O z W z 0 0 0 0 O W W W W W wwwwwwWpa S U U I-0 0 F F LL LL LL H Q' d' LL' m2���}J_ 2-2- W W W W W 0 JJUUUUUUUOOaO00x00 0WWXW � N Y Y Y Y Y Y Y m m Z ��i LL 3 0 0 0 U U (n (n¢ ¢ ¢ ¢ ¢ ¢ ¢LLLL0ZZLL LL 000 W W W W W OOOOOOOOOOOLLOOOOZO�OOOwZZZZZ LL LL W W W W W W W m m w 0 m O m m m m m 0 Q Q Q Q Q 00> >> > > > > Ww000� �O REO m C�JJJ JJJJI- I- mU0 -5.- 03 I- Fi--m� � � Z p O z Y rN w w W Q � 2 Z V Z -i w J U O) W F O Z IL H O 2 ln2Z W Ozj 0OJ ¢ w p oW � � m 2}wWtnJ ?O?� m� ¢Z¢ � Q Y �U) ONoOf Z OZ� DM �DE ¢ w¢ ¢ Z ¢ w wWzgO—JF- rnrno)Wg > � } 2000 ¢Oww FOzrnx ¢ lJ ~ >O� OwF z Tmw wC') � aWzpOOO z OZrI--H > t- t < 0X¢ ¢ zZZ ¢ UNN 0 H - U¢ Z z Z J p a Z 2 F W ¢ ¢ ¢ � S W O Q LL pwwwWmw� pmZp� � 000Oxx� 2Zp 2dJ� ww w �wJ ZZaZ ¢ zQ 2¢ z` O YUO` O JO ¢ ¢ O ¢ zZJJJw zx ¢ coCD O O� UY)a wOK �rWK ¢ > azJ � gF- HwW Wm� v) m J � v) ncn zzz m Z � n I n COzF zJJ J } 'If YOUnW 0OO ~ pWCW Ww > W F- ¢ WYOOZ¢ _ J _ ppZ OOOO < jmmmF0mOWD 200 FL) nm >1� � � W� 2 > W IL OOO O wwm W O O � � J U) pJFJJ W J ZO O w x w OOO W O > F Q < J ~z J_ _J J Y d d W � O W wW - w In mU � � � F'- f- 0 w WWWWWm W Oz gcnmcn w zzz N ZOO W W W www � mi}- Qn �000 ZZZWYNY`1Y - - - Og �JHh'f_ > F �- ¢ w22� ZY000ZYYY W U` CEO x 2 2 2 _ Z J - z z z _ Z z Z O}. z 0 0 0 2CO'l� orn � oOwwc)MNR gg =m > 02zz O O N O o) w O x > O O O x O O V 0 0 0 0 0 0 0 0 in O O D o n (D O o n O O O n O o o O o o o o o O O O o N o 0 aD � r- 000O cl) O 0)COO ti r �rMo) CO co 0�(DM MV av rn r- V o M V LD to � N M n o)N C) V' (o aD N (0 n (u n O � O CO Q) a) OOOOO MMMa -C V vrLn nnn WOMMMM v sY v � W0 L0 (0 O (f) M '7 (0 (D n m O O N M V h 0 n m W O N M N N N N N N N N N N M M M M Z M M M M M M M M M M M M M M M M M M M M M M M M M M M tt) MOOLOO � � ON �Yt0Oh0 (DOV tpMOLL� O �t000 � �- OON � MMNOO W `d (O � Ot0 = Ors f� aONO � r� Of� f� NM � O � OCOu� � LnCOaOCOaDOaO � C00 .- aOf� Mf� tf) OONO (p N M M aO et M O CD N �A rd- M cY 04 04 04 CO C14 V) N � tOM CON d N �- N N M � NM MN M Z w J O U U ¢ mUX � ZF-• XC'J '7 N W UZOfnz (n 'cL � 2 � � � � ¢ ¢ � W 9 W W.J � V I:C:O) M F- F- = > M � NN N 0m11 0 ><Icy pOMcylzcl O) O� tOtntOtt� � u� � u� 00tf) cOMMMMN OOOr � tflMOJO .- cOf� r � Mf� CO (OI� M � f� � COaOf� f� MMMMMMMM � � Mhf- f� CDf� O� � �- .- W CO .O O Y y a w? m � 3a C L w � w 0 0 Q) L -O O C .0 N C '0 U N Z O Y a� f° Zo 3 o CD `C EUzU) E .: .: U aC)i a) OD LU C'Jy C N p C 0 7 U U C 0 CL J O F- oa 30000 yY C L a) 00CnLL ` YY y p y Q to LL U y m M M p m cu O U E w y N 00 N N U) y 0. y 00 U J O O J V >a)N ink — � atS 0C) ,c O 3p � otSmLO O C ` U 'C -o F- o O > Il[ � 2 (C6 N "L O NUS 0 wL � « —' ww ai > O a) O Nm 70 N � w J •. y o 0 ° c O 0 0L0 � 0 w 00 L ' 0 omg y as O a� - 0U m 00 � c m 0 o y0 O U � c c row0 a� a� = 0 � cnw ° � o wz � zzcncn p Y c o a) E c Q ~ U� LL• > fn Z — 'O O Z W W U) .V •- a) ,«, E co O y 7 J J > L C W = W BOO aoi `m0000 � cu > m poi °am0000cm w0000 o �° o ° � � o � o � o a � NmdNCJ' mwlJ �i � fnZCOCDNMmMr — NmUcnF- ULL (nUr 2F- �- NZU) 2M Q fq W L L E t: Vi W -° L L 0 O Z _ CD a ) p w U L c -0 w a� a) aci w W c U 0 c V O Y w 7 z C 3 O ` y ,v_ ;g U 0 2 p .0 O O J C O U C C CU L M y p ` y Z IE > :6 y y C y w fn 'O z y LO C Y m U. 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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 No. PE69-539120-0209301. CONTRACTOR: aro,�MAX zNc, Name: Rys5dl L. Ldw,5wdf Title: V; ce Pr es '(ckeN I Date: _o STATE OF TEXAS § COUNTY OF TARRANT § Before me, the un ersigned authority, on this day personally appeared / L � d--S known to me to be the person whose name is subscribed to the foregoing instrument, �;d acknowledged to me that he exe uted the s e as the act an deed of s for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of , 20 t 8 fXJ =SUZANNEERus Notary Public n and for the State of Texas 0 - 10 - CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE qq qq TO: CITY OF FORT WORTH,TEXAS Da400,0M t : d'WOO F NAME OF PROJECT: /J �dr� rleaiCfd eTR,!, n� PROJECT NUMBER: THIS IS TO CERTIFY THAT /lCl� ft�. /IBC &90 /30,07 LIM �x Ts7� (Name and Address of Insured) is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and in accordance with the provisions of the standard policies used by this Company, and further herei fter descrieL bed. E ceptionsIp standard policy noted o reverse side reof. �- % ; / —' Ve- (J� TYPE OF INSURANCE R Policy No. Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: ,, �o� .. Liability Insurance Ea. Occurrence: $ Please- (Public Liability) Property Damage: G e- 1 Ea Occurrence: $ j a Blasting Ea. Occurrence: $ Collapse of Buildings or le, structures adjacent to Ea. Occurrence: $ LL�,- ' excavations ,, D Damage to Underground © nce— Utilities Ea. Occurrence: $ Builder's Risk Bodily Injury: Comprehensive Ea. Person: $ Automobile Ea.Occurrence: $ Liability Property Damage: Ea Occurrence: $ Bodily Injury: Contractual Liability Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ _ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. Agency �l°e Fort Worth Agent B '-J Address T' e we5 e" t✓ISfon80/)q e2 10 - 1 - 11 - PAYMENT BOND Bond #54163037 PAYMENT-BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That we,(1) Spl'avMa inc_ as Principal herein, and(2) United Fire & Casualty ..Ccomps1n; a corporation Qrganized and existing under the laws of the State of(3) Iowa ,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 Sixty-two Thousand, Eight Ogndred and Ninety-two Dollars and No j:e Dollars (S 62 8.22.00) 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 the 2� 5_h day of March, 2008, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: 2008- HERBICiDF, TREAIMENT PROGRAM 1?E69-S34120- 209301 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, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otberwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it 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 25— k day of 11+1,__reh�2008. i J SprayMAX, Inc. PRINCIPAL, ATTEST. By: —. Name:h65,tl C Cdyat (Principal) Secretary `I /� Title: 1 i c� PKes,4rL.� (S E A L) Address: ISO &4 13010� Tqkk 2A 15-7l3 L Witness as to Principal United Fire asualt Com an SURETY ATTEST: By: Name: _ Brya . Willis Secretary Attorney in Fact (SEAL) Address: P. O. Box 73909 C _dar RaPds Iowa 4Q7-3QQ9 Ma Witness a Surety Telephone Nu er. 6-791-1193 M. Bryan Wil s, TX Non-Resi nt Agent 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.pe prior to date of Contract. . . . ulV[f !?SIRE t 'GASEigLTY cEMPANY.:..' H�AAP OFFIC RAPIDS,IOWA: CERVIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company-See Certification) > : KNEW Ai;L M£tV SY Tktr5E PRESENTS;.That the UNITED FIRE&CASUALTI�COMPANY, atarpora#iort duty tsrganied aj4 mng under the laws of ttie State of lowa;_and ho.w its pnnetp l offioe'in Cedar Rapids, State:'of Iowa,does make ottstrtti#e and appol t}ERT G. 400RE, 0_It DAIJ,: M Xt)REM iNt OR LARRY J EMF 'H. OR BRYAM 24 , WII l;15. 4R VANES �OtlraI.AS RK ERS, OR LTIM K. BURGE, OR S'PEPHEN R. lilPiXWELL,'ALL IADIVIDUALLY of 3ffi VEPORT LA its#Ue and lawtut Aktorltr3y�sj-in Fart. With power aact auihodty hereby co iferred to sign,ses!ar?d exucut� n i s bei alfia4f aw +l bonds,` 0rider14ki ancf other obl a tnstriaments of s1. ilar nature as'follows: tin and a >3 nds ` t F, and to bind UhItTEQ FIRE CAS#3LTY GOMPANY'thereby as€ally and to the same extent as if such irlstruRtlts wete'st by Ire duly authorized officers of UNITED FIRE&CASUALTY COMPANY and all the acts of said Attorney, pursuant to the aumority tweby given are hereby ratified and confirmed Tbe Authority hereby granted is continuous and shall remain m€ 11 force and effec#ttntIl reuoked by UNI`fEl?FfRE& OA sUA#.TY COMPANY T4 is power of Attorney is,rriade and executed pursuant'to and by autti0% of tho fotlowrr<g y l~aw tfuiy adopted by Boarrt of : Cirectors Of the Co any on Apnl1.8, 4:93 "Article V-Surety Bonds and Undertakings'' Section 2,Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to tirxie, appoint.by written certificates attorneys-in-fact to act in behalf of the Company in the execu#ion'of policieso.f. 0.isurance;bonds, untleif kings and other obligatory instruments of like nature. The signature of any officer authorized heresy, and the CorporateseaI m y be affixed by facsimile to any power of attorney or special power of attorney orcertifcation Of either authorized hereby;Such signature and seal,when so used, being adopted by the Companyaeth.e original signature of such of eer and the original seal of the Company,to be valid and binding upon the Company YA h the'same force and effect as:.:. though manaally affixed Such attomeys-in fact,subject to the limitations set forth in their respective'eertificates of:authonty'..,=' shall have fult power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President,the Board of Directors or any other officer of the Company at ` any time`revoke all'piwer:end authority previously given to any attomey-in-fact. r� IN W TNES'S WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these ptosents to be steed#iy its vice president and its corporate seat to be hereto affixed this 20th day of Nrave»bex, 2004 M 1111tA6 UNITED FIRE&CASUALTY COMPANY Ell •..,,.�+*' BY V,ee ;State Of'lowa,County of:Lirtri, ss: Q 2 On 20tn'day of Novber, 2004, before me personally came Randy A. Ramlo 4 em #v me known, who tterng.by`rrie dUly.s.worn, did depose and say; that he resides in Cedar Rapids, State at lowas;that heals a Vrcek President of UNITED FIRE &CASUALTY COMPANY, the corporation described in and which executed��the above instrument, x>". ir: he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal;that rt was sp..affixed pursuant z to authority given:by the Board of Directors of si tftl cofparoti'rnd that h sigcied hls name thereto pursuant#c3::ltke authority, nd acknowledges same to be the act and deed of sWd corpc�rattoor, s K �Yi4JANSEt�'S10N NUMBER 7�3rn3 , My comrssire o�r 1, the undersigned:officer©f the UtV.IT b FIRE&CASUALTY 100morANY::da hereby certify that:I have coe pared the foregorrig.Gopy of the.Power of Attorney and a€fidavit,'and the copy o#the Saetian of the bylaws of sold Eompany:as set.fot#h iri Soli!PoVer of A€tvrney, with the ORIGINALS ON:::FILE IN TfiN=HOME OEptCE O SAID QMPA tY and that Che same are correc transcripts fi�lereo€ and€rf : < the whole of'the said originals On that the said Powerrof Attorney has.irof been revoked:and%is now im t=ull€tree and affect In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said'C'ompapy �M�� this 25th lC#S20 3 _ S v v o i a. Bond #54163037 0 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909 (A Stock Company) MAINTENANCE BOND KNOW ALL BY THESE PRESENTS:That we SprayMAX, Inc. , Of P. O. Box 7241, Shreveport, LA 71137-7241 as Principal, and UNITED FIRE&CASUALTY COMPANY, an Iowa corporation of Cedar Rapids, Iowa, and authorized to do business in the state of Texas as Surety, are held and firmly bound unto City of Fort Worth 1000 Throckmorton Street, Fort Worth, TX 76102 in the penal sum of Sixty-two Thousand, Eight Hundred and Ninety two �Pd 00/100 $62,892.00' I Dollars, lawful money of the United States of America,for the payment of which,well and truly to be made the Principal and Surety bind themselves,their,and each of their heirs,executors,and administrators,successors and assigns,jointly and severally,firmly by these presents ' WHEREAS, the Principal entered into a certain contract,dated the 25th day of March 2008 ,to furnish all the material and labor necessary for the construction of 2008- Herbicide Treatment Program PE69-539120-0209301 in conformity with certain specifications,and WHEREAS,a further condition of said contract is that the said Principal should furnish a bond of indemnity guaranteeing to reme- dy any defects in workmanship or materials that may develop in said work within a period of Two years from the date of acceptance of the work under said contract and WHEREAS, the said UNITED FIRE&CASUALTY COMPANY, of Cedar Rapids,Iowa,for a valuable consideration, has agreed to join with said Principal in such bond or guarantee indemnifying said City of Fort worth as aforesaid; Now,THEREFORE,the Condition of This Obligation is Such,that if the said Principal does and shall,at his/her own cost and expense,remedy any and all defects that may develop in said work,within the period of Two years from the date of acceptance of the work under said contract,by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period,and shall in all other respects,comply with all the terms and conditions of said contract with respect to maintenance and repair of said work,then this obligation to be null and void; otherwise to be and remain in full force and virtue in law SIGNED AND DELIVERED this 25th day of March 2008 i SprayMAX, Inc. Pri ipal By ITED FIRE &CASUALTY COMPANY By_ w �% Bryan M. IIIS',ttorney-in-Fact t CONT 00060697 M. Bryan Will611 r., TX Non-Re k ent Agent UNf7ED E#RE 8 GA$UAI TY.COMPANY WQfiAE OFFICE ltbAR`RAPIL)5,IOWA:. CERTII=IEC3 COPY Z `POWER OF'ATTORiVEY (Original on file at Home Office of Company-See Certification) ICNEflV1{AL1 JtAEN#3Y THESE PRESEJ�#'irS,"Fhat the tsNJTEb F#RE&CASUALTY OOMJ'ANY, a r or oration d#il or ariiimd andexrstin P Y g g tinder the#aws off State of#owa and hay tg its'principal office(ti Cedar Rapids; State.of Iowa;dues;make,Constitttte.and afipglnt y` l4RRT, G l00RE, d9 Di6V-1k MOREMAN, OR L13 tY J.' SMZBFi, OR WIU[,I$, 'OR Jail too-GE 1 66ER8, og F. UINDA K. BURGE, 'OR STEPHEN R. MAXWELL, ALL IN31TVIbUALLY of SHl213VEPORT LA FW 'it trk.0 on(i lawful'A'ltomiey($}.in F6tt-with power and authority hrereby tbnfen ed;ta&ic�it seal and execu#e in its:I aff atf lawlbf bonds, under. gs�irid other ablljW.. ins#fuments Qf sirrii#ar.nature 8is follows: Any:and A 3 Hdtids tobdUEDF1 'thereby as hildod tn the!same exteif as if such irietrvii ,nts were srgni by the duly authorized officers of UNITED FiRE&CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby q given,are hereby ratified and confirmed iJ The Authority hereby granted is eontinuous and she rem.,ain rn Rill ftsrce rind effect bail.revoked by UNITED F€RE& CASU".COMPANY Is newer of Attorney is rnade and executed pursuant ta`and by:euthoy ofthe'foTlowing ay 1»awduly adopted tty 13oari of pirectors of`the Cornparty on April T8, 1g73:: "'Article V-Surety Bonds and Uhdertakings" Section 2,Appointment of Attorney-in-Fact. The President or any Vice President, or any other officer of the Company may, from time to time,appoint.by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of i< msuranire,;tinnds urxtertakings and other obligatory instruments of like nature. The signature of any officer authorized.hereby, and`=the i oi�orate seal; may be affixed by facsimile to any power of attorney or special power of attorney or.certificati'a of r either authorized hereby, such signature and seal,when so used,being adopted by the Company+a5,the original signature of such gfficet an( the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though rriatiiiatiy affixed Such attomeys-in fact, subject to the limitations set forth in their respective:certificates of authority shall have full power to bitid the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President the Board of Directors or any other officer of the Company rm., at any time revoke alf.power.and authority previously given to any attomey-in-fact. IN WITNESS WHE EOF, the UNITED FIRE & CASUALTY COMPANY has caused kese pr8settts to be slgrieil#xy si lts vice presid fent and its corporate seal to be hereto affixed this 20th day oNovembraz, 2004 w*b 0 UNITED FIRE&CASUALTY COMPANY x By Vice Presieent State:af isva; County of Linn, ss: `R CM. 2Ot:h:day of. November, 2004, before me personally came Randy A. Ram10 ; tt me knowrti�who being:by me duly sworn, did depose and say;that he resides in Cedar Rapids, State:-of,.lows;`that he#s a ltrce _ t President`dithe UNITED FIRE&CASUALTY COMPANY, the corporation described in and which exeeuted1he above Instri#rent, »` ra he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was.so.affixed pursuant to authority given by the Board of Directors':of said<i"oi ig!A60ir'd that he signed h#.name therebo,pursuant to;;:#Ike authority, rid t acknowledges sai a to be the act and deed of said ctiipptat#it11 .* .•' 11AfiFtY A�;3ANSElt Nitaty Public COrhMJ5St6.fiUMBEfl '+32f3#., f;1ly commission expire0/25�2007 a MY I t 1 Wi q. I, the undersigned:officer of the UNITEC)FIRE A CASU. T.COMPANY"d0 hereby certifp ti�a.i have cohipared the foregoing copy of ; the Powet�4 Attorney and af#idavit, and:the dopy drib,,S #it n of the f o#':said company;as set forth in:said Powr r of Attcirney with the ORJGINALs ON FILE IN TI, HOME O 04E OI SA.D i✓,Qm#�A IY,acrid than the,sarr#e are coCi'ect transcripts thereof;acid of tfe whole of the said originals, and that the said}dwer rip AttO14 rnejr has tint been rev0kett a+it(IS now in tlali force and effect In testimony whereof I have hereunto subscribed my name arld affixed the corporate seal of the sand Company this 25th day of_Mareh 20 O8 lii�AJF ' Y Y. A. N .. L - 12 - CITY CONTRACT 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 25th day of March , 20 08 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and SprayMax, Inc HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: 2008 HERBICIDE TREATMENT PROGRAM Designated as project number, PE69-539120-0209301. 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for 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. 3. rrjL,lL;l -I 4 C-1 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. 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 270 Calendar working days. 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 $ 100.00 per work order per 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. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed-the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniurV, damage or death is caused, in whole or in part, by the ne_gli_gence or alleged ne_ itgence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniurV or damage is caused in whole or in part by the ne_a i_gence or alleged negligence of Owner, its officers, servants or employees. C-2 I ':: ' alp VEYa In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. .. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Government Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly ' installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be SIXTY-TWO THOUSAND, EIGHT HUNDRED NINETY-TWO DOLLARS AND NO CENTS $62,892.00 9. 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. C-3 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in 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 (5) counterparts with its corporate seal attached. j L -Kx �� r Done in Fort Worth, Texas, this the 25th day of March , 20 08. RECOMMENDED AND APPROVED: CITY OF FORT WORTH DIREC SPORTATION AND ASSISTANT CITY MANAGER PUBLIC KS ATTEST: Pre'H MAY 1.Nc, ---r ( ontractor) CITY SEC -TARP (SEAL) Contract Author nation BY: if `3 �L r ts (Representative) `t V;ce P(eS r de j (TITLE) 0e � �X 13vS�7 =LITY AST RM8� (Address) —A4 i'ev- 1 X -7 ,�-71 ( ity/State/Zip) ASSISTANT CITY ATTORNEY November 1960 Revised May 1986 Revised September 1992 Revised April 1999 Revised June 1999 Revised June 2001 C-5