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Home My WebLink AboutContract 40657City of Fort Worth Department of Aviation Meacham International Airport Fort Worth, Texas Cit y Project No . 15 16 Aviation Department FAC No . PE240 539120 S528101S1680 1SSUED F OR BI D June 3, 2010 Contract Documents P repared b y Aviation Department City of Fo rt \\' :1 rth ~ Texas RErRIVED JU 3 0 2010 \ BY: OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX 03 -05-7 0 P03: 13 IN fORTWORTH SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CT J AIR LAND IMPROVEMENTS at Michael J . Moncrief Mayor MEACHAM AIRPORT PROJECT NO. P240/539120/552810151630 P240/539120/552810151680 MAY 2010 William A. Verkest , P.E. Dale A. Fisseler, P.E. City Manager Director, Transportation and Public Works Department S. Frank Crumb, P.E. Director, Water Department Richard Zavala Director, Parks and Community Services Department PREPARED FOR: The City of Fort Worth Garver, LLC TBPE REG# F-5713 ........ ,,,,, ---:1e OF r ,\ ,:<!)'\~.* ....... ,.~..f-f ,, ~ •... ··· ···{ ,, ~.... ··.* ,, ,:·•,: ......................... ::0-:.~ I. TOODJ .HEBERT I 1· .. ::• ....................... : .. •t ,,,.... 93613 ·t.! •Pi··-~f9aaE.?.···~: ,, .. .$l'""''E,~-z ::l/tt]4- 5(18/IO FORT WORTH CONTRACT DOCUMENTS FOR CT J AIR LAND IMPROVEMENTS CONSTRUCTION at MEACHAM AIRPORT CITY PROJECT No. 01516 Aviation FAC No. P240-539120-552810151680 Michael J. Moncrief Mayor AUGUST 2010 William A. Verkest, P.E. Dale A. Fisseler, P.E. City Manager Director, Transportation and Public Works Department S. Frank Crumb, P.E. Director, Water Department Richard Zavala Director, Parks and Community Services Department Kent Penney, AACP Director, Aviation Department INDEX OF CONTRACT DOCUMENTS PART A 1. M&C 2. Addendum No . 1 3. Addendum No. 2 4 . Bid Proposal 5. Vendors Compliance to State Law PARTB 1. Certificate of Insurance 2 . Contractor Compliance with Worker's Compensation Law 3. Conflict of Interest Questionnaire 4 . Performance Bond 5. Payment Bond 6. Maintenance Bond 7. Power of Attorney 8 . Contract PARTC 1. Compliance with and Enforcement of Prevailing Wage Laws 2. Confirmation of Bond PART A Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/20/2010 -Ord. No. 19238-07-2010 ~r------------ DATE: Tuesday , July 20 , 2010 REFERENCE NO.: C-24357 OG NAME: 55FTW CT J AIR LAND IMPROVEMENTS CONSTRUCTION UBJECT: Authorize a Contract in the Amount of $1 ,231 ,205 .00 with EAS Contracting , L.P., for Construction of irside and Landside Improvements for the Cook Children's and Texas Jet Hangars at Fort Worth eacham International Airport and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) U ~ECOMMENDATION: It is recommended that the City Council : 1. Authorize the use of revenue derived from mineral leases on City-owned a irports in the amount of $1 ,231 ,205.00 for a Construction Contract with EAS Contracting , L.P ., for the construction of airside and 'andside improvements for the Cook Children's and Texas Jet Hangars at Fort Worth Meacham nternationa l A irport ; ~-Adopt the attached approp ri ati on ordinance inc reasing est imated receipts and appropriatio ns in t he 1mount of $1 ,231 ,205.00 in the the Airports Gas Lease Project Fund from available funds ; and 3. Authorize the Ci ty Manager to execute a Construction Contract with EAS Contracting , L.P. , in the 1mount of $1 ,231 ,205 .00 , for the construction of airside and landside improvements for the Cook "'h ildren 's and Texas Jet Hangars at Fort Worth Meacham International Airport . )ISCUSSION: )n May 18 , 2010 , the City Council authorized the execution of a Contract with Garver, LLC , for the design f th is project (M&C C-24223). It is recommended that the C ity Council authorize the City Manager to execute a contract with EAS Contracting , L.P ., to construct storm drainage and an access road and taxi ane that will provide access to the Texas Jet and Cook Ch il dren's hospital hanga r to be completed in the all of this year . The City reserves the right to increase or decrease quantities of indiv idual pay items within the contract, rovided that the total contract amount remains within plus or m inus 25 percent of the contract award. This project was advertised for bid in the Fort Worth Star-Telegram on May 20, 2010 and May 27 , W10 . On June 3 , 2010 , the following bids were received: Bidders EAS Contracting , LP AUi Contractors , LLC McMahon Contracting, LP Phillips/May Corporation Amount $1,231,205.00 $1,301,199.65 $1,440 ,912.40 $1 ,528 ,333 .00 t I /apps .cfwnet.org/ecouncil/printmc .asp ?id= 13 783 &print=true&DocTy pe= Print 7/30/2010 Page 2 o M/WBE -EAS Contract ing , L.P . , is in compliance with City's M/WBE ordinance by committing to 19 percen t M/WBE participation . The goal on this project is 16 percent. This project will be funded by revenue derived from mineral leases on City-owned airport properties. It is anticipated that the work will be completed by October 2010 . Meacham International Airport is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/ CERTIFICATION: The Financial Managemen t Services Director certifies that upon approval of the above recommendati o s and adoption of the attached appropriation ordinance , funds will be available in the current capital bud t , as appropriated , of the Airports Gas Lease Project Fund . FUND CENTERS: TO Fund/Account/Centers P240 4 4 6200 552810151680 P240 539120 55281015 1680 CERTIFICATIONS: FROM Fund/Account/Centers $1 ,231,205 .00 P240 446200 551929990100 $1.231.205 .00 P240 539120 552810151680 Submitted for City Manager's Office by: Fernando Costa (8476) Kent Penney (5403) Ruseena Johnson (5407) Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 2. Re vi sed A cco untin g reco rds M&C55FTW CT J A IR LAN D IM PROVE M E NTS CO NSTR UCTI O N.pd f (CFW Interna l) 2 . 55FTW CT J A IR LA ND IM PROV E M E NTS CONST AO .d oc (Public ) 3 . 55FTW CT J A IR LA ND IM PROVE M ENTS Map .pd f (Publ ic) $1 ,231.2 _,o $1 ,231 .205.0 4. Acco untin g reco rd s M&C55FTW CT J A IR LA ND IM PRO V E M E NTS CO N STRUCTI O N.pd f Internal) 5 . CT J Const ruct MWBE Compli a nce .pd f (CFW Internal) http:// app s. c fwnet. org/ ecouncil/printmc.asp ?id= 13 7 8 3 &print=true&DocType= Print 713 0/. ) www.Garver USA.com May 28, 2010 Addendum No. 1 To Plans, Contract Documents and Specifications CT J Air Land Improvements This addendum shall be a part of the Plans , Contract Documents and Specifications to the same extent as though it were originally included there in , and it shall supersede anything contained in the Plans , Contract Documents and Specifications with which it might conflict. Acknowledgement of receipt of this Addendum must be provided in the Proposal included in the Contract Documents . This addendum shall also be stapled to the inside cover of the Contract Documents . Addenda: Modifications to Item 55-120 Site Preparation Delete the following paragraph. 120-2.2 FURNISHING TEMPORARY FIELD OFFICE. Modify the following paragraph as follows. 120-2.5 CONTRACTOR'S STAGING AREAS . The areas designated in the plans or by the Engineer as the Contractor's staging area shall be cleared and graded by the Contractor as needed for use by the Contractor in construct ing the work on this project. All areas used or otherwise occupied by the Contractor for his operations shall be cleaned, regraded , seeded and repaired as directed by the Engineer, prior to the final acceptance of the project by the Airport . All work involved in the preparation and restoration of areas used or occup ied by the Contractor, including clearing , grubbing , regrading , seeding , and installing and removing fence , will be measured as a lump sum complete item. Add the following to paragraph 120-3.1. Item SS-120 Contractor's Staging Areas -per Lump Sum Modifications to Item P-154 Subbase Course Delete paragraph 154-5.1 and replace with the following. Payment shall be made at the contract unit price per square yard of the specified thickness for subbase course . This price shall be full compensation for furnishing all materials ; for all preparation , hauling , and placing of these materials; and for all labor, equipment, tools , and incidentals necessary to complete the item. Page 1 of2 May 28 , 2010 Addendum No . 1 Payment will be made under: Item P-154-5.1 Subbase Course (4")-per square yard Item P-154-5.2 Subbase Course {11")-per square yard Replace the Bid Proposal with the attached. Replace the following sheets. Plan Sheet G-102 Plan Sheet G-104 Plan Sheet G-105 Plan Sheet C-101 By: Todd J . Hebert, PE Project Manager Attachments: Plan Sheet G-102 Plan Sheet G-104 Plan Sheet G-105 Plan Sheet C-101 Bid Proposal Page 2 of 2 BID ITEM SS-!20 DESCRIPTION Site Prcparaiion SS-120 ,contractor's Staging Areas ' SS , 140 • Pavement RcmDval SS-140 iCulvert Removal SS-150 'Stormwatcr Pollution Prevention Plan SS-24 l . Diich Structure Tx340 1 Dense-Graded Hot-Mix Asphalt (M ethod) ' --¥-¥'( --v ·-"'"''"'V Td60 1Portland Cement Concrete Pavement (6") P-152 Unclassified Excavation -'•·-·---r--·-·-·- P -IS2 P-152 P-154 P-154 P-155 1 Drainage Excavation • ... ;•···="' • • • ~w •••• ·="'"'"" • ~~~ .... " · Unsuitable Excavation , Subbase Course (4") j i Sub base Course { 11 ") J Lim:·Treated Subgrnde (6") .1---· --- P-155 1r.ime j , Concrete Wash Out Arca =---,-----;=------ P-156 I Sediment. Control Fence ' -1· iConsnuction Exit (Type I) Fort Worth Meacham International Airport CT.I AIR LAND IMPROVEMENTS BIO PROPOSAL lJNlT L.S. S.Y. L.F. L.S. S.Y. S.Y. --··~~ ----. S.Y. Ton Each L.F. Each ESTIMATED QUANTlTY 52 J0.481 463 13 ,985 170 2,385 P-620 _ j~:~nway and Ta,ciway Paintu1:(::e~n:_e~ ............................. , D-701 ;Reinforced Concrete Pipe, 24'' ' D-70 I I Reinforced Concrete Box, 2' x 3' .... J. D-752 I Airfield Single Grate Inlet (Standard) i ...... D-752 I Standard 10' Storm Drain Inlet D-752 .. I Standard IO' Siorm Drain Inlet (Back Opening) L D-752 !Modify Sanitary Sewer Manhole (ln Pavement) UNIT PRICE l· BID AMOUNT i " D-752 : Modify Sanitary Sewer Manhole (Outside of !t:i".::~~ D-752 1 Storm Drain Connection T-901 !Seeding T -908 ,M11lching SS-3 lO-S. I L -86IT Elevated LED Base Mounted Taxiway i ~ig~t, I11s!al lcd SS-'lO-S ~ !L-86!T Eievated LED Base Mounted Taxiway _ " ..... :·-_!Light, Installedin PavementJ,~oulder SS-310-5.3 SS-310-5.4 ,Temporary Airfield Lighting L-108-5. t L-108-5.2 , No. 8 AWG, 5 kV, L-824C Cable, Installed !Trench. Duct Bank or Conduit ---r---·~----,,-·····r··--,-,---,- ;No. 6 A WG Solid, Bare Counterpoise Wire, lns1lll )in Trench, Above the Duel Rank or Conduit. L-109-5.1 : Lockout/Ta gout Procedures and Megger Testing L-110-5. l Concrete Encased Electrical Duct Bank, 2-Way 2"C L-110-5.3 ]Electrical Conduit !-Way 2"C with Pavement Repair ! Each Each 2 Acre SY. 2,995 [JC' 950 LF J,050 L. LS LF 60 L. LF 550 LF 76 Total Bid -Schedule I www.GarverUSA.com June 1, 2010 Addendum No. 2 To Plans, Contract Documents and Specifications CT J Air Land Improvements This addendum shall be a part of the Plans, Contract Documents and Specifications to the same extent as though it were originally included therein, and it shall supersede anything contained in the Plans , Contract Documents and Specifications with which it might conflict. Acknowledgement of receipt of this Addendum must be provided in the Proposal included in the Contract Documents. This addendum shall also be stapled to the inside cover of the Contract Documents. Addenda: Pre-Bid Meeting Minutes By: Todd J . Hebert, PE Project Manager Attachments: Pre-Bid Meeting Minutes Page 1 of 1 301 0 Gaylord Parkway Suite 190 Frisco , TX 75034 TEL 972.377 .7480 FAX 972.377 .8380 www .GarverUSA.com PRE-BID MEETING MINUTES To: Attendees and Prospective Bidders From: Todd Hebert , PE RE: Meacham Airport CT J Air Land Improvements Date: June 1, 2010 A Pre-bid meeting was held May 27 , 2010 at 3:00pm in the Conference Room at Meacham Airport 1. Introduction and Roles: a . Ruseena Johnson , Capital Programs Specialist , Aviation (Owner ) b . Todd Hebert, Engineer (Garver) c . Frank Mcillwain , Engineer (Garver) 2. The following Bidding Procedures were discussed : a . Bids received until 1 :30pm , Thursday , June 3 , 2010 at the City of Fort Worth Purchasing Office . b. Bids opened and read at 2 :00pm in the Council Chambers . c. Submit Bids per the Special Instruction to Bidders. d. Bid Security i. A bid bond of at least 5% of the total bid must accompany the bid. e. Insurance and M/WBE i. Bid Documents gives 10 days for insurance and 5 days for M/WBE documentation. ii. We request contractors to provide insurance and M/WBE documentation w ith the bid package to expedite the process . f . Liquidated Damages i . Contract time is 120 Days ii. LD 's to be assessed per the "Blue Book", Part 1, Item 8 , paragraph 8.6 3. Construction Plans a . Site Access i. The access plan has changed. See Addendum No. 1. b. Office space requirements i. Office space for the RPR wi ll be provided by the airport. See Addendum No. 1. c. P-154 Subbase i. Bas is of pay has been changed to reflect thicknesses required . See Addendum No. 1. d. Excess Earthwork Stockpile i. The location of the stockpile is shown on Sheet G-104 . See Addendum No. 1. e. Construction Staging i. The construction staging area has been moved . 1. The staging area shall be constructed of aggregate capable of supporting all staged equipment. See Addendum No. 1. ii. A pay item for contractor's staging area has been added to the Bid Proposal. Alabama • Arkansa s • Mi ssis sippi • Okl ahoma • Tenne ss ee • Texas Ms. Johnson May 26 , 2010 Page 2 of 2 f. The following sheets were re-issued in the Addendum No . 1. i. C-101 -Thicknesses of sub base course were corrected . ii . G-102 -Summary of quantities were updated . ii i. G-104-Access and haul route locations were updated . iv . G-105-Contractor's staging and haul ro ute locations were updated . TO: The Purchasing Department City of Fort Worth, Texas PROPOSAL FOR: (Project) CTJ Air Land Improvements Project No.: P240/539120/552810151630 P240/539120/552810151680 Fort Worth , Texas Pursuant to the foregoing "Notice to Bidders," the undersigned has examined the plan s, s pecifi cat io ns and the site, understands the amount of work to be done , and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provid ed in the plans and specifications, and subject to the inspection and approval of the Director, Aviation Department of the City of Fort Worth. Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond for the water replacement contract only, and Payment Bond approved by the City of Fort Wo rth for performing and completing said work within the time stated for the following sums, to wit: Total quantities given in the bid proposal may not reflect actual quantities , by represent the best accuracy based on a reasonable effort of investigation ; however, they are given for the purpose of bidding on and awarding the contract. Special Note: All contractors_are advised that one contract will be awarded to the lowest combined bid for all Units/Sections. Fort Worth Meacham International Airport CTJ AIR LAND IMPROVEMENTS run PROPOSAL l31D ESTIMATE[) UNIT BID ITEM DESCRIPTION UNIT QUANTJTY PRICE AMOUNT ss.120 Sile Preparation L.::;. I //,t:,O~RV //~;t?tJ,.a? SS-120 Contractor's Staging Areas I u,. I I I ~~/10 ~ ,ne,,,,(!:I> SS.f40 Pavement Removal S.Y. I 4,980 "4~t? Yfj t'~tt>t? SS-140 Culvert Removal L.F. 52 ;?,t'.c t?!I 1 t?~l/t? SS-150 Stormwater Pollution Prevention Plan L.S. I t ~7'/,J't) 1 f?[J't, SS-241 [)itch Stnicturc L..f. 10 / .5(), C/'f:1 1 s tit:'~ Pt) Tx340 Dcnse-Grndcd J lot-Mix Asphalt (Method) Ton 107 'ft), n; ~,~~I'() ., I t II~ t?t' '/ Tx360 Po1tland Cement Co11crcte Pavement (6") S.Y. J_ 2,265 '71) ,~ (I() I /~ t1tl ." 't?P P-152 Unclassified Excavation I C.Y. 8,443 I ,.,p~ 3A., P-152 Drninagc Excavation I L.F. 314 I 9,~ .£ i"~~H I , ,. P-152 Unsuitahle F.xcavation CY. 1,000 I /rZ3o /~ ..?~ t')p ~a') / ,, P-154 Suhhasc Course (4") S.Y. 10.·181 7f7,z(K) 1 P-154 Sub base Course ( I I") S.Y. 463 I U;~ ~f'~"'7 I ILimc-Treated Suhgradc (6") I ' d;P't? "/' P-155 $.Y. 13.9~5 I ~?9'7P,."'1 I l , P-155 1Lime ·1un 170 /~HI ,R5'~pt) , P-156 Concrete Wash Out Arca Fach I o? $"~()(? 2., ~HJ P-156 Sediment Control Fence I .. F. 2,385 o?~IT& ¥7~ t)-(1 p.15(, Constructirm Exil(Type I) l:ach I 1 :!(7P,,. (7P ~3¢,a' 1'-501 Portland Cement Concrete l'avemcnl (11 ") S.Y. I 10,074 si7" 5'~:<'lf?tJ 1'·620 Runway and Taxiway Painting S.F. 5,502 /,,~o I ~~//,Z~ P·620 I Runway and Taxiway l'aintiJ1g (Remove) I S.F. 20ll 3,~ ?~17!1 I i I). 701 Reinforced Concrete Pipe, 24" i L..F. 57 /'P/"° r~a~ ,--I-D-701 1Rcinforced Concrete Box, 2' x 3' I !..F. 25 /d£tn> ~~~~ 0-752 Airfield Singk Grate Inlet (Standard) Each l ,?,tnn, Pl/ .2. tr96'r ,?I) I 7 D-752 Standard 10' Storm Drain Inlet L:,1d1 I ,; t1t}ZJ. Pl) ! ~ tfltl;!,P D-752 Standard I 0' Stonn Drain Inlet (Back Opening) l:nch 2 ~~NI ! iRl)pt, ' y , D-752 Modify Sanitary Sewer Manhole (In Pavement) Ench I t d"J'P/'11 ~ tfl!IJ~ dtl D-7 52 M odify Sanitary Sewer Manhole (Outs ide of l'avc mcnt) Ea ch ~~t?IJ 2,,eatK D-752 Stonn Dra in Conn ection Each 2 / .r Id I?() ~~~ ," ,. T-90 1 Seedin g Acre 3 /,, ?t?!J,Pl' .f/n,e?P T-904 Soddin g S .Y . 2,995 J:6() ~~1'~5, T -905 \Top so il ing (Obtain ed o n Site, 4") C.Y . 1,507 l{),5P )(~l!iiJ T-908 Mulchi ng Acre 3 P-4t?tl /5~,,~ SS-310-5.1 L-86 1'1' Ele~atcd LED Base M o unted Ta,iway Edge / Each 7 eflhJI), ,ti ?~()ti Light, Installed SS-3 10-5.2 1L-86 lT Elevated LED Base Mounted Ta,iway Ed ge I Each l 6 I ;q;,P. t,() ~ ~t?t), D-rJ Light. Ins talled in Pavement Shoulder I / ~ SS-310-5 .3 L-:52T Om~idirec ti onal ~asc Mounted ln pavemcnt I Eac h 7 / ~r(J(/ /f;,:Ztf'!J,t'# 1LED Taxiway Edge Ligh t, In stalled SS -31 0-5 .4 1 Temporary Airfie ld L ig h ting LS :t Mt? ,,t.?l? ~ :tn.,t10 L-10 8 -5.1 No. 8 AWG, 5 kV, L-824C Cable , In s ta lled in LI' 950 /,,,£5' (/?P:.5b Trench , Duel l3a nk or Conduit I L-108-5.2 ;No. 6 A WG So lid, Bare Co unterp o ise Wire.' lns ta lkd l LF 1,050 /,, l7t' /)?-10, t7t' in T ren ch , A bo ve th e D uct Bank or Conduit, 1 " L-109-5 .1 I..ockout/TJgo ut Procedures and Mcggcr Testing LS .Yt?M. tf)fJ ~~~t?t? / , L-1 10-5 .1 Coucrcte En cased Electric a l Duct Bank, 2-Way 2"C I LF 60 ;?en? tr;~,. HI L.-1 10 -5.2 Electrica l Conduit I-Way 2"C LF 550 J'. 5'b ?;-'7~C!J L-11 0-5 .3 Electrical Conduit I -Way 2"C with Pavement Repa ir LF 76 yt,el/J ~ 7.f i,tr tf't) Total Bid · Schedule l ~~~/,i&_~P , Within ten (10) days after notification by the City of Fort Worth , 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 with in the time above set forth , as liquidated damages for the delay and additiona l work caused thereby. If as a requirement of this project, the undersigned bidder certifies that they have been furnished at least one set of the General Contract Documents and General or Special Specifications for Projects, and that they have thoroughly read and complete ly understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. Wr'he undersigned assured 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 with ten (l 0) ca lendar days after issue of the work order and to complete the contract within 120 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Circle and complete A or B below, as applicable) A . The principal place of business of our company is in the State of _______ _ a . Nonresident bidders in the State of , our principal place o f business, are required to be __ percent lower than resident bidders by state law . A ·copy of the statute is attached. b . Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the fo ll owing addenda: Addendum No . 1: ~ Addendum No. 2: --~~-------- Addendum No. 3: ----------- Addendum No. 4: ----------- Addendum No . 5: ----------- Addendum No. 6: ----------- By: Title: € A.."S Co ,.\\--vol!"''~ 1 L P B'j Company: £;A$ G. ... -\v-....c+~~ ~~. LLC. Address: ;)q'-ll "\V-AAe,. ~nler 1::),,-., S::\a. ~oo i ~rro l\~ T)( 1~'""bo1 I Date: l,-;J.-10 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C .A. Labor Code §406.96 (2000), as amended , Contractor certifies that it provides workers' compensation insurance coverage f£r all of its employees employed on City of Fort Worth Department of Engineering No. O _Cl. and City of Fort Sp} fl.:~ Worth Project No. 0 \ < i . 'l:) / ;·~"\~ ,2.'-lo -s-s912c> J~~,o tS-t &~u ST A TE OF TEXAS COUNTY OF TARRANT § § § P'2.Y.o/~~9,2o/ss2.-~(Cl'S'l (o5'0 CONTRACTOR Title : V;(.£.. ~e\,o.e ,d Date: ~ -d--\ 0 Before me , the undersigned authority, on this day personally appeared le, .. ...,.-~<.(.. Pi"''l.~ \ , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of EA-5 CA':::>:r:g."'5c::r:t µG . L. p. for the purposes and consideration therein expressed and in th~ capacity therein stated. Given Under My Hand and Seal of Office this Z day of J\U-\e.. , 20 lQ . ~~~A ~ Notary Public in ~ ~tate of Texas ~ORT 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 oal is not applicable. POLICY ST A TEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business 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 Ord inance apply to this bid . M/WBE PROJECT GOALS The City's M/WBE goal on this project IS 16% 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 e ither of the fo llowing: 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 orde r for the entire bid to be considered responsive to the specifications . r " ( , I , JJ1 e,1 H , , in tc. lb c, I ~ r l r 'le , nd Obt Ill 8 dnt time e,e1pt Suer rec 1pt sha,/ be e,11dc. ce that the C'ity re.,e1v£d th.; oocu<11e.nt t1nn 11> tne time allocated A faxed copy will not be accepted 1 1. Subcontractor Utilization Form , if goal is received by 5:00 p .m ., five (5) City business days after the bid met or exceeded: openinq date, exclusive of the bid openinq 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. stated goal: 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: opening date , exclusive of the bid opening date. 1 4. Prime Contractor Waiver Form , if you will rece ived 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. opening 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 /1/05 FORT WORTH ~ City of Fort Worth Subcontractors/Suppliers Utilization Form ATIACHMENT 1A Page 1 of 4 PRIME COMPANY NAME : Check applicable block to describe prime S~<; ~-\-ro.-c..'h~l LP ~~ ff\<; e_o"'-w-A-C-+i~ 6'P, L.LC... 'ROJECT NAME: '.;ity 's M/WBE Project Goal : % Prime's M/WBE Project Util ization : l't~6 % M/W/DBE Identify~ subcontractors/suppliers you will use on this project NON-M/W/DBE =ailure to complete this form , in its entirety with requested documentation , and rece ived by the Managing Department on or before 5:00 p.m . five (5) City business days after bid opening , exclusive of bid opening date , will result in the bid being considered non-respons ive to bid specifications . he undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm (s) listed in th is utilization schedu le , conditioned upon execution of a contract with the City of Fort Worth . The intent ional 3nd/or knowing misrepresentation of facts is grounds for consideration of disqualification and w ill resu lt in the id being considered non-responsive to bid specifications \11/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or urrently doing business in the marketplace at the time of bid. Marketplace is the geograph ic area of Tarrant , Pa rker , Johnson , Coll in, Dallas , Denton , Ellis , Kaufman and Rockwall count ies. dentify each Tier level. Tier is the level of subcontracting below the prime contractor , i.e ., a direct payment from the pr ime contractor to a subcontractor is considered 1 st tier , a payment by a subcontractor to ts supplier is considered 2 nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , loca ted or doing business at the time of bid open ing with in the Ma rket place , tha t have been determined to be bonafide minority or women businesses by the North Centra l Te xas Reg ional Cert ifi ca tion Agency (NCTRCA ), or the Te xas Department of Transportat ion (TX DOT), highway division . Disadvantaged Business nterp rise (DBE ) is synonymous with Mino rity/Women Bus iness En terprise (M/WBE ). f hauling services are utilized , the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm , including M/WBE owner-operators , and receive full M/WBE credit. The /WBE may lease trucks from non-M/WBEs , including owner-operators , but will only receive credit for the fees and commissions earned b the M/WBE as outl ined in the lease a reement. Rev . 5/30/03 I ATIAC HMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors /suppliers , regardless of status ; i.e ., Minority , Women and non-M/WBEs . Please list M/WBE firms first , use additional sheets if necessary . I -N Certification (check o ne ) 0 f' 'BCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A )l i?, ClltJ/ J' ~~ Ao?/( f;J/;-;f ~t. X U/,pe 2.1i 71$'t)/) /( tJq"/; t1lr ~ ~ /I~,'&~ '/?-o/~-?~J I '.16 ,~/l?f ,GP~~~ • seed ~ ,( It Jf'l,/K) ' ~rri"e,/ bl; APIJ .z .c ~() ~ {f/V, '1F' I '?/? 0, 2r(?,?J~ ~lf/(.S $ft}/(/,,, C//h ,~en"" ~ f#life,< 2-? J'.J.~ tit? , 1AP1/eltl '7X' IY1? ~-f 1 .1--jJtt - I - - J I I Rev. 5/30/03 I ATIAC HMENT 1A Page 4 of 4 l tal Dollar Amount of M/WBE Subcontractors/Suppliers $ :1 ~ 'l ~tJb; )// ,, l tal Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ ~~ #ttt?,Pl? ,___J T'")TAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 7r'l ~o'7, It> - Th3 Contractor will not make additions , deletions , or substitutions to this certified list without the prior approval o the Minority and Women Business Enterprise Office Manager or designee through the submittal of a quest for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance . The contractor s 311 submit a detailed explanation of how the requested change/addition or deletion will affect the committed ~BE goal. If the detail explanation is not submitted , it will affect the final compliance determination. affixing a signature to this form , the Offerer further agrees to prov ide , directly to the City upon request , complete and accurate information regarding actual work performed by all subcontractors , including ~n ;w/DBE (s ) arrangements submitted with the bid. The Offerer also agrees to allow an audit and /or :am ination of any books , records and files held by their company. The bidder agrees to allow the trii nsmission of interviews w ith owners , principals , officers , employees and applicable subcontractors/suppl iers/contractors participating on the contract that will substantiate the actual work i rformed by the M/W/DBE (s) on this contract , by an authorized officer or employee of the City . Any entional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal , State or · >cal laws concerning false statements . Any failure to comply with this ordinance and create a material each of contract may result in a determination of an irresponsible Offerer and barred from participating in 1ty work for a period of time ot less than one (1) year . t 1thorized Signature Printed Signature Title Contact Name/Title (if different) f\~ (Dt'.'~-\:i~l LP BjE"AS ~~~~l,,.~U(._~ 11-13>'-t-\\S"S-')l 22 .. \ 'i 12-1~<o-USlo Company Name Telephone and/or Fax E-mail .ltddress U) -:J.-\0 ty/State/Zip Date Rev . 5/30/03 'ORT WO R TH ---. ~ City of Fort Worth Prime Contractor Waiver Form ATIACHMENT 1B Page 1 of 1 PRIME COMPANY NAME: Check applicable block to describe LL M/W/DBE NO N-M/W/DBE PROJECT NAME : BID DATE , 3 -10 City's M/WBE Project Goal : PROJECT NUMBER p ;}40 l s~ \ -;>o I S-5;}. ~ lC> \ S"l 1# "!.O ~'-\() 6~"\\ 0 'i 0\ s lo C> If both answers to this form are YES , do not complete ATIACHMENT 1C (Good Faith Effort Form ). All questions on this form must be completed and a detailed explanation provided , if applicable . If the answer to either question is NO , then you must complete A TI ACHMENT 1 C. This form is only applicable if .b.oth answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m.1 five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes , please provide a detailed explanation that proves based on the size and scope of this .,..... NO project , this is your normal business practice and provide an ope rational profile of your business. \. Will you perform this entire contract without suppliers? YES If yes , please provide a detailed explanation that proves based on the size and scope of this ( --~ project , this is your normal business practice and provide an inventory profile of your business . NO / The bidder further agrees to provide , directly to the City upon request , complete and accurate information regarding actual work performed by all subcontractors , includ ing M/WBE(s) on this contract , the payment therefore and any proposed changes to the original M/WBE(s ) arrangements submitted with th is bid . The bidder also agrees to allow an audit and/or examination of any books , records and files held by their company that will substantiate the actual wo rk performed by the M/WBEs on this contract , by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts w ill be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal , State or Local laws concerning false statements . Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than o (1) ear. Printed Signature Title Contact Name (if different) £A~ Coa\!:o..c-·h~,"=e B~£.£\~ LQ,'\.-n-&c.\:.~ Co mpa ny Name (°::\P 1 LL.L. 91-;).,5J'.4Ll--t\.SS" 1.1.., °111 r '1 ~~-l \ ~ Ph o ne Number Fax Number d'\4 \ \Y~e. Cen.±u-'.I:) r\"2 ,~:\:e ;)co Address Date Rev. 5/30/03 FORT WORT H "-ts • ~ PRIME COMPANY NAME : PROJECT NAME: City's M/WBE Proj ect Goal : \Le % City of Fort Worth Good Faith Effort Form ATTACHMENT 1 C Page 1 of 3 Ch ec k app l icable block to desc r ib e NO N-M/W/DB E BID DATE If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal , you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item , 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud , intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation , and received by the Managing Department on or before 5 :00 p.m . five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunityl for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects , list each subcontracting and or supplier opportunity through the 2"0 tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev. 05/30/03 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. __ Yes __ No Date of Listing __ / ___ / 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail , exclusive of the day the bids are opened? __ Yes (If yes , attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed .) __ No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? __ Yes (If yes , attach list to include name of M/WBE firm, person contacted , phone number and date and time of contact.) __ No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5 .) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? __ Yes __ No 6.) Submit documentation if M/WBE quotes were rejected . The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) -Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev . 05/30/03 ADDITIONAL INFORMATION: ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in ood faith. It is understood that any M/WBE(s) listed in Attachment 1 C will be on cted and the reasons for not using them will be verified by the Cit 's M/WBE Offi \ Title E;A~ ~~~,Lf ~ £As Co~lld1~ Company Nam~ (;,\.(->1 L LC.. Jgu \ -rrd.e Cew\-er U:ive,~te ~ Address City/State/Zip Printed Signature Contact Name and Title (if different) C\1d:'.1~Ll -t\s:5 "1:z.\ '111 -1:~r\\S(e Phone Number Fax Number \CA@ ~s. \ f?· C.(YV'. Email Aadress lo -:J-\D Date Rev. 05/30/03 ORT WORTH ----. ~ CITY OF FORT WORTH Joint Venture Eligibility Form A ll qu estion s must be an swered; u se "NA" if applicable. Jo int Ventu re Page 1 of 3 Name of City project: C -rs ~·w· \..~ \~~ov~~:\s G 1/Y\e~ ~~(?url- A joint ve nture fo rm mu st be completed on each project RFP /Bid/Pu rchas in g N umber: ____________ _ I J . . t omt v enture m orm a tion : Joint Ve ntu re Name: "') ~ L I , Jo in t Ve ntu re Ad d ress: (If applicable) Te lepho ne: Facs imil e: E-ma il addr ess: Ce llul ar : I Id e nt ify the fir ms that co m pri se the j o int ve nt ure: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture I M/W BE firm I No n-MAY BE I na me : firm na me : Bus in ess Address: Bus iness Address: ' C ity , State, Z ip : C ity , State, Z ip : I I T ele phone Facsi mil e E-ma il Te leph one Facsi mil e Cel lul ar Cellul ar I Ce rtifi ca tion Statu s: E-mai l address I 1 Na me o f Certifyin g Agency : I 2 S f cope o wor k per orme db hJ" V ,v t e omt enture : I Describe the sco~e o f w o rk of the M/WB E : Describe the scope of work of th e n o n-M/WB E: LI I_ .. I I I Re v . 5/30/03 Joint Ve nture Pa ge 2 of 3 3. What is the percentage of M/WBE participation on th is joint venture that y ou wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. Li st components of owners hip of joint v enture: (Do n ot comp lete if this informa tion is described in joint ve nture agreem ent) I Pro fi t and loss sharin g: I 1 Ca pital co ntributi ons, in c luding eq uipm ent: • J I ... L L Oth er appli cab le owner ship inter ests: 6. Identify by name, race, sex and firm those individuals (wi th titl es) who are re s ponsible for the da y-to-day management and decision making of the joint venture: Fin anc i al dec i sions (to in c lud e A ccount Payable a nd Receivable): Manage ment decis ions: a . Es t i mating ------------------------------------------ - - - - b . Mark etin g and Sa les ---------------------------------------------- c . H iring and F iring of manage ment per so nn el ---------------------------------------------- d . Pur chas ing of maj or equipm ent and/o r suppli es Sup erv i sion of fi eld opera t i o ns The City 's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form . NOTE: From and after the date of project award , if any of the participants , the indiv idua lly defined scopes of work or the dollar amounts /percentages change from the originally approved information , then the part ic ipants must inform the City 's M/WBE Office immedia tely for approval. Any unjust ified change or deletion shall be a materia l breach of contract and may result in debarment in accord w ith the procedu res outl ined in the City 's M/WBE Ord inance . Rev . 5/30/03 ... ... ... ... '- L. '- ... LJ Joint Venture age o 3 P 3 f AFFID AVIT The undersigned affirms that the forego ing statements are true and correct and i nclude all material informat ion necessary to identify and exp lain the terms and operation of the joint venture . Furth ermore , the undersigned sha ll agree to provide to the joint venture th e stated scope of work, decision-m a king responsibi lities and payments herein. The City a lso reserves the r ight to request any additional information deemed necess ary to determine if the joint venture is eligib le . Fai lure to cooperate and/or provide req uested informatio n within the time specified is ground s for terminatio n of the e ligibility process. The undersigned agree to permit audits , interviews with owners and exam ination of the books , records and fi les of the joint venture by an y authorized representatives of the City of Fort Worth. Failure to comp ly with this provision shall resu lt in t he termination of any contract, w h ich may be awarded u nder the provisions of this joint venture 's e ligibility and may initiate actio n under Federal, State and/or Local laws/ordinances concerning fa lse .. statements or w ill fu l.m isrepresentation of.facts .............................................................................................................................. Na me of M/W BE firm Na me of non·M/WBE firm Pr inted Na me o f Ow ner Printed Na me of Ow ner Si gnatur e of Owner Si gnature of Owner Printed Na me of Ow ner Printed Na me o f Owner Signature of Ow ner Si gnatur e of Ow ner Titl e Titl e Da te Date No tariza ti on State of County of ------------------------------------ On t h is ______________ day of ________ , 20 __ , before me appeared and ------------------------------------------ to me persona ll y know n and who, being duly sworn , d id execute t he foregoing affidavit a n d did state that they were properly authorized to execute t hi s affidavit and did so as their free act and deed . Notary Public --=r....,ri-nt-cN.,-a_m_e ______________________ _ Notary Pub li c _______________________ _ Sig natu re Commission Expires ------------------------(seal) Rev. 5/30 /03 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 res ident 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 in (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: £ f\~ Ce -.\v-&.C... ~ ~ ' \... f ~ '1 ~~ C,en..ko-'-~l"'j ~(\ LL<. Company Cw,oL\k,IX 15b61 City/State/Zip By: __ l-_Q.i....) __ <_e.-_n_L_~_Y_i_t\_"t._e---=-l ___ _ (Please print) Title: \J, c.L 'ti-a\, c\e'1L1---'----''--=--~-=-=--------- (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION PARTB ~ CER I !FICA 1 E OF fNSURANCE IO: CITY OF FORT WORIH Date; June 2, 2 0 1 0 CTJ A ir L a n d Improve me nt s NAME OF PROJECT : P24 0 -5 3 9 12 0/55281 0 1 51 630 P2 4 0 -539 1 2 0 /5 5 2810151680 PROJECT NUMBER; IS TO CERTIFY THAI : EAS C o n t r act i n g , LP ---------------·------- is , at the date of thi s certific ate, Insured by this Company with respect to the business operations hereinafte r described, for the type of insuiance and accordance with provisions of the standard policies used by this Company, and further herei nafter described Exceptions to standard policy noted on reverse side he reof. TYPE OF INSURANCE Policv Effective Ex12ires -Limits of Liability ..• Worker's Comcensation WC2065633 11 /20 /09 11 /20 /10 $1,00 0 ,00 0 .... -·-·--C o nunerc ialGeneral Ea. 0cc $1. 000, 000 C PP2065636 11/2 0 /09 1 1 /20 /1 0 Gen eral Agg: $2 00 0 000 Liabiliry lnsutance (Public Prod/CompOps:$2 .000 000 Liability) Med E-x p: $5 000 _ .... ··- Blasting Inclu d e d l.i/ .t U / U~ ll !i07Io Ea , Occurrence: $ .•. -·-Collapse ofBuilding or structw·es adjacent to I nc l u ded 11 /20/0 9 11 /2 0/10 Inc l uded excavations --------· ... _ ... , ···--Damage to Underground Included 11 /20/0 9 11/20/10 I nc l u d ed Uti lities Builder's Risk __ ----· .. Bu s i ness Automobile Liabil ity CA2 06 5 6 34 1---·--·----·· .. ·- Contractual liability I n clude d Ge neral Li abili ty Other Meach am Airp or t Locations covered : ---------· 11 /2 0 /09 11 /2 0 /1 0 ·-·· 11 /20/0 9 11 /2 0/10 -~·--·--- Descliption otoperations covered· ALL &:"£PLl C.A;-{3~ -... .. CSL $1 ,000,000 ·-...... ---·----- Inc l u d ed . The: above policies either in the body thereofoI by a ppropliate endorsement provided that they may not be changed or can celed by the insurer in Jess than fi vc (5) days a!tet the in s ured has received written notice of such change/or cancell a tion Where applicable local laws 01 regulations require more than five (5) days actual notice of change 01 cancdlation to be assured, the above policies contain such special requ irements , eithe1 in the body thereof o r by approp1ia te ·endorsement thereto attached -- lhe City, its officers, employees and servants shall be endorsed as an additiona[ insured o n Contractm 's insurance policies excepting employer's liability insurance coverage under Contrac r's workers· compensation ins urance policy Persona l /Adv Injury, $1 ,000,000 Fi re Damage: $300 .000 f Ameri s ure Mutu al I n suranc e Comp any ~ IMA _ o T e xas, I nc . Insurance c __ ~<' ~ P a ulet te Ko n rad 1 , ~. U(_,(./_'Zl(y.;vpx,A..-4-c~ ,:;~"-==~=e..:,...,,..ge,..,n.,_.t _____________ a:z-.::/ ·-·--- Addrc . 141 8 5 Dallas Pkwy , S uite 80 0 Title Account ~.:=.uti~=------- Dallas , T x 75 2 54 ,.. L .. L. L - L. - CTJ Air Land Improvements PROJECT NUMBER: P240-539120/552810151680 IS TO CERTIFY THAT : EAS Contracting, LP 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 accordance with provisions of the standard policies used by this Company, and further hereinafter described . Exceptions to standard policy noted on reverse side hereof. TYPE OF INSI fRANC.E Policv Effective Exoires Limits of Liability Worker's Compensation WC2065633 11/20/09 11/20/10 $1,000,000 Comprehensive General CPP2065636 11/20/09 11/20/10 $1 m each occur/$2m Liability Insurance (Public aggregate Liability) $2m prod/completed ops $Im personal/adv injury $300,000 fire damage $5.000 med exoense Blasting Included 11/20/09 11/20/10 Included Collapse of Building or Included 11/20/09 11/20/10 structures adjacent to Included excavations Damage to Underground Included 11/20/09 11/20/10 Utilities Included Builder's Risk Comprehensive CA2065634 11/20/09 ll/20/10 CSL $1,000 ,000 Automobile Liability Included 11/20/09 11/20/10 Included Contractual Liability - General Liability Other Locations covered:------------------------------- Description of operations covered :-------------------------- The above policies either in the body thereof or by appropriate endorsement provided 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. 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. AgencyIMA of Texas, Inc. InsuranceCo._Amerisure Mutual Ins~ Com7cJ ~A'Qge=n=.t .... N~an=cy--=B=ert=e=l ________ By~~~ CR;t:7 Address_14185 Dallas Pkwy, Suite 800 Dallas, TX 75254 Title_Account Manager __ CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C .A. Labor Code §406 .96 (2000), as amended , Contractor cert ifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project No . P240 539120/552810151680 . STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR EAS Contracting, LP By EAS Contracting GP LC , General Partner By: ___ -===--..-,::;;...------ Name: LAw e,w c, Title: Vzcc. Pu~~ Date : 7-z 7-L 0 L ~efore me , the undersigned authority, on this day personally appeared N,V/i f.rJC£ ~~,z,~v , known to me to be the person whose name is subscribed to the forego ing instrument , and acknowledged to me that he executed the same as the act and deed of EAS Contracting, LP for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this ~day of , ) 1e-\Y , 20 \b ' Notary Public in and fo Texas ;oNFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity -his questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. 3y law this questionnaire must be filed with the records administrator of the cal government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section · 76 .006 , Local Government Code . person commits an offense if the person violates Section 176.006 , Local Government Code . An offense under this section is a Class C misdemeanor. FORM CIQ OFFICE USE ONLY Date Rece ived ~ame of person doing business with local governmental entity. 2 3 D Check this box if you are filing an update to a previously filed questionnaire. (The law requ ires that you file an updated comp leted questionnaire with the appropriate filing authority not later than September 1 of the year fo r which an activ ity described in Section 176 .006(a), Local Government Code , is pending and not later than the 7th business day after the date the original ly fi le d questionnaire becomes incomplete or inaccu rate .) )escribe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes ecommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 ....O escribe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire . Amend ed 01 /13 /2006 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ Page 2 iJ Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A , B , or C is YES .) ~ J A 7 Th is section , item 5 including subparts A , B, C & D , must be comp let ed for each officer with whom the filer has affiliat ion or business relationship . Attach additional pages to this Form CIQ as necessary. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the quest io nnaire? Oves DNo B . Is the filer of the questionnaire receiving or likely to rece ive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Oves DNo C . Is the filer of this questionnaire affiliated with a corporation or other business en tity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Oves DNo D . Describe each affiliation or business relationship . Describe any other affiliation or business relationship that might cause a conflict of interest. b-2-1D Signature of person do ing busi ess with th e governm ent al e ntity Da te Amended 01 /13 /2006 THE STATE OF TEXAS COUNTY OF TARRANT PERFORMANCE BOND § § § Bond No. 46BCSFN8306 KNOW ALL BY THESE PRESENTS: That we, (1) EAS Contracting. LP~ ns Principal herein, and (2) Hartfo'-'rd"--Fi_re ___ _ Jn'-'-'s,,,_,u=r-=a"--'n=c=e-'C=--o""'m-'-'-L.p_a_n..._y _____ ~ a corporation organized under the laws of the State of (3) _ Connecticut , and who is authorized to issue surt;Ly bonds in the State of Texas, ~urety here~ are held and fumly bound unto the City of Fort Worth, a municipal cmporation located in Tru:mnt and Denton Counties, Tvxas, Obligee herein, in the sum of One Million Two Hundred Thirty-one Thousand Two hundred Five and 00/100 .... Dollars ($1,231,205.00) for the payment of which sum we bind ourselves, our heirs, executors, administratms, successors and assigns, jointly and severally, fumly by these presents. WHEREAS, Principal 11as entered into a ce1tain written contract with the Obligee dated the o(f day of ~\.u._ , 20£ a copy of which is attached hereto and made a pait 0 hereof for all prnposes, for the construction of CTJ Air' Land Improvements .. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Piincipal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; othe1wise, to remain in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter ?.253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein . IN WITNESS WHEREOF, the duly a11thorized representatives of the Principal and tl1~ Surety have executed this instrwnent. SIGNED and SEALED this Q0-0'\ day of Jul~ , 20 t ~ .. \TTEST: By EAS Contracting C P ..ccE::c.A..;,.S_C_o_n_t_ra_c_t_i n . .:::9:..:..' _L_P_-,,,,::.:::::+-C-','-Cc......:...;e~era I Partner PRINCIP.~A-=L----. {Prlnc!pat) Secretary Name:L Awf?,t'.,c.1Ci: P"i:AJ2. ~l... Title : V-z:.e.:: ?~s'[. '-OCA,JJ (SE AL) ATTEST: Secretary NOTE: (1) (2) (3) Address: 2941 Trade Center Drive #200 Carrollton , TX 75007 Hartford Fire Insurance Company SUREIJ~~L By:_f ~ Name: Elnora Cruthis Attorney in Fact Addn~ss : 3000 lnte-r-ne.....,t-, SuireoUD Erisc(1_JX 75034-mf~--== Telephone Number: 469-287-1006 Correct name of Principa[ (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of su rety must be stated .. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact The date of bond shall not be prior to date of Contract THE STATE OF TEXAS COUNTY OF TARRANT PAYMENT BOND § § § Bond No. 46BCSFN8306 KNOW ALL BY THESE PRESENTS: That we, (1), EAS Contracting, LP as P1incipal herein, and (2) Hartford Fir~ __ _ ln~urance Company_ __ _ , a corporation organized and existing under the laws of the as surety, am held and firmly bound unto the City of Fort Worth, State of (3) Connecticut a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Million Two Hundred Thirty~one Thousand Two Hundred Five and 00/100...... Dollars ($1,231,205.00) for the payment whereof~ the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, fumly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the ~day of -1~\,7)' ··-' 20l_Q_, 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: CTJ Air· Land Improvements .. 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 mateiials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said stah1te, 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 ;)_OJ.:"' day of ~Llr} , 2o_!Q_. ATTEST: By EAS Contracting GP EAS Contracting, LPLLC, General Partner By:< 2 r PRINCIPAL e (Principal) Secretary Name: L&\JJRhlc£ ~£(... Title: th:e< P~s~:~e-M {SE Al.) ATTEST: Secretary (SE AL) ---- Address: 2941 Trade Center Dnve #200 _Carrollton , TX 7500_7 ____ _ Hartford Fire Insurance Company SURETY By:___!::::::::t::;:~~~~::'.l.:::'.~:;c:~ Name: Elnora Cruthis Attorney in Fact Address: 3000 I nternet,Sulfe60IT. Frisco, TX 75034-19_9_1 __ _ Telephone Number: _469-287-1006 ~~ NOTE: (1) (2) (3) Correct name of Principal (Contractor) .. Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated. Jn addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: § § § MAINTENANCE BOND Bond No. 46BCSFN8306 That EAS Contracting LP("Contractor"), as principal, and, Hartford Fire Insurance Company . a corporation organized under the laws of the State of Connecticut _ _, {"Surety"}, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, {"City") in Tarrant County, Texas, the sum of One Million, Two Hundtfill.Thirty-one Thousand Two Hundred Five and 00/100 ....... Dollars ($1,231,205.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the ~0~of JM.~ , 20_1S a copy of which is hereto attached and made a o= part hereof, for the performance of the following described public improvements: CTJ Air Land Improvements, the same being referred to herein and in said contract as the Work and being designated as project number{s) P240-539120/552810151680 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct he work that it will remain in good repair and condition for and during a period of after the date of the f inal acceptance of the work by the City; and WHEREAS, said Contractor binds Itself to maintain said work in good repair and condition for said term of Two (2} years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, rf in the opinion of the Director of the City of Fort Worth )epartment of Aviation, it be necessary; and, WHEREAS, said Contractor binds itself. upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided . NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contracl This obligation shaH be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in . Tw_Q__ counterparts, each of which shall be deemed an original, this ~"day of du"'& , AD .. 20_1 Q__ .. ATTEST; (SEAL) ~~~ EAS Contracting, LP By EAS Contracting GP L General Partner Contractor ------ By: ________ .=:,,,,..~"----- Name: Lew{U;AJC~ """"·-~-L ___ _ Titre: Vr.u. .Pu.s.~~T __ _ Hartrford Fire Insurance Company Surety " By:~ . Name:Elnora Cruthis --- . Title:. Attorney-in-fact 3000 Internet, Suite 600 Frisco, TX 57034-1991 Address IMPORTANT NOTICE obtain information or make a complaint: v'Ju may contact your agent. u may call Hartford Insurance Group at the toll free telephone number for information or to 1 ake a complaint at: 1-800-392-7805 u may also write to The Hartford: · 1e Hartford rtford Financial Products 2 Park Avenue, 5th Floor ew York, New York 10016 212-277-0400 You may contact the Texas Department of surance to obta in information on companies , verages , rights or compla ints at: 800-252-3439 Yl)u may write the Texas Department of I surance I 0 . Box 149104 stin, TX 78714-9104 Fax Number {512) 475-1771 1 'eb : http ://www.tdi.state .tx.us mail: ConsumerProtection@tdl .state .. tx . us ~EMIUM OR CLAIMS DISPUTES: Should u have a dispute concerning your premium or about a claim you should 1 mtact the agent first If the dispute is not solved, you may contact the Texas Department of Insurance. rTACH THIS NOTICE TO YOUR POLICY: This notice is for your information only and r''>es not become a part or condition of the ; tached document. 27 5-1 • .11X4275-1 4 2 H 006 DO 0607 AVISO IMPORTANTE Para obtener informacion o para someter una queja . Puede comunicarse con su agente . Usted puede llamar al numero de telefono gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 Usted tambien puede escribir a The Hartford . The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277 -0400 Puede comunica rse con el Departamento de Seguros de Texas para obtener informacion acerca de compaf'lias , coberturas , derechos o quejas al : 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas PO Box 149104 Austin , TX 78714-9104 Fax Number (512) 475-1771 Web: http ://www.tdi.state .tx.us E-mail : ConsumerProt ection@tdi.state .tx us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con su agente primero. SI no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. THEX lliRTFORD Producer Compensation Notice You can review and obtain information on The Hartford's producer compensation practices at www.thehartford.com or at 1-800-592-5717. HR 00 H093 00 0207 © 2007, The Hartford Page 1 of 1 rQWER OF ATTORNEY . Direct Inquiries/Claim's to: THE HARTFORD BOND , T-4 P .O. BOX 2103 , 690 ASYLUM AVENUE HARTFORD , CONNECTICUT 06115 WALL PERSONS BY THESE PRESENTS THAT: call: 888-266-3488 or fax : 860-757-5835 Agency Code: 46-506046 . [KJ Hartford Fire Insurance Company, a co ip o ration duly organized unde r the la ws of the State of Connect icut [KJ Hartford Casualty Insurance Company, a coiporation dul y organized und er the law s of the State of Indiana [KJ Hartford Accident and Indemnity Company, a coiporation duly organized under the laws of the State of Co nnecticut c:=:J Hartford Underwriters Insurance Company, a coiporatio n dul y organized unde r the laws of the State of Co nne cticut c:=:J Twin City Fire Insurance Company, a coiporation dul y organ ized under the laws of the State of Indiana D Hartford Insurance Company of Illinois , a co iporation duly organized under the law s o f the State of Illinoi s D Hartford Insurance Company of the Midwest, a co iporation dul y o rganized under the law s of the State of Indiana D Hartford Insurance Company of the Southeast, a coiporation dul y organized unde r th e laws of the State of Fl orida ir 'heir home office in Hartford , Connecticut , (hereinafter collectively referred to as the "Companies ") do hereby make , constitute and appo int , J ,e amount of unlimited: Darrin J. Weber, Elnora Cruthis, April R. Michaelis, George Schneller, Nancy Bertel, Jackie Smithson, Amber Jones of Dallas, TX ~ and lawful Attorney(s)-in-Fact , each in their separate capacity if more than one is named above , to sign its name as surety(ies) only as e d above by ~. and to execute , seal and ac kn owledge any and all bonds , undertakings , contracts and other written ins t ruments in the ·e thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons , guarantee ing the performance of contracts and ut;ng or guaranteeing bonds and undertak in gs required or permitted in any actions or proceed in gs allowed by law. J In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22 , 2004 the Companies sed these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed , duly attested by its Assistant :ltary . Further , pursuant to Resolution of the Board of Directors of the Companies , the Companies hereby unambiguously affirm that they are vi" ':le bound by any mechanically applied signatures applied to this Power of Attorney . .:; . ,,,,-··-··~ ,,(i ..... ~r(,;";,'t ,,r. l~J < /. I --~ _, Scott Sadowsky , Assistant Secretary fl )F CONNECTICUT} ss. NTY OF HARTFO RO Hartford ~·"·""-Lt).~ l~\f!~(\ \} ... 191 I _,p \~\i\. l u \'.tf/. ,}j' '\. ............ <...;; ~.......__...-... it~,. ''•, • 1l L .,a1'\ ~ 1••~t.t11 ' M. Ross Fisher , Assistant Vice President On this 3 rd day of March , 2008 , before me personally came M. Ross Fisher, to me known , who being by me duly sworn, did depose and th he resides in the County of Hartford , State of Connecticut ; that he is the Assistant Vice President of the Companies , the corporations ri t,.,il in and which executed the above instrument; that he knows the seals of the said corporations ; that the sea ls affixed to the said 1ment are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his 1 th '1 reto by like authority . /) <3,---(..? /~ -·· c>"w c. / , __ .,,-;~ Scon E. Paseka Notary Public CERTIFICATE M y Commiss io n Expi res October 3 1, 2012 I, the undersigned , Assistant Vice President of the Companies , DO HEREBY CERTIFY that the above and foregoing is a true and correct of the Power of Attorney executed by sa id Companies , which is still in full force effective as of Signed and sealed at t he City of Hartford . Gary W. Stumper , Assistant Vice President CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the d6~ day of ~,l.i , 2010, by and between the City of Fort Worth , a home-rule municipal corporation situated ~ant, Denton , Parker, and Wise Counties , Texas , by and through its duly authorized Assistant City Manager, ("Owner"), and EAS Contracting L. P., ("Contractor"). Owner and Contractor may be referred to herein individually as a "Party " or collectively as the "Parties ." WITNESS ETH: That said Parties have agreed as follows : 1. That for and in considerat ion 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 : FOR: CT J Air Land Improvements That the work herein contemplated shall consist of the Contractor 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 or on behalf of the City of Fort Worth for the Aviation 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 . The Contractor hereby agrees and binds itself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Aviation 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 Aviation Department of the City of Fort Worth and City Council of the City of Fort Worth within a period of 120 Calendar days. If the Contractor should fail to complete the work as set forth in the Plans and Specification flCIAL RECORD Contract Documents within the time so stipulated , plus any additional time allowed as provi e9.~ the General Conditions , there shall be deducted from any monies due or which may therea e~I I T SECRETARY FT. WORTH, TX 6/17/09 C-1 become due him , the sum of $420 per working day, not as a penalty but as liquidated damages , the Contractor and its 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 mean ing of the i ntent and terms of said Plans, Specifications and Contract Documents , then the Owner shall have the right to e ither demand the Surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such manner as it may deem proper , and if in the completion thereof, the cost to the Owner shall e xceed the contract price or prices set forth in the Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay Owner on demand in writing , setting forth and specifying and itemized statement of the total cost thereof, said excess cost. 6 . Contractor Covenants and agrees to indemnify the Owner, Owner's Engineer and Architect , and their personnel at the project s ite 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 aga i nst any and all claims or suits for property loss , property damage, personal injury, including death , aris ing out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers , agents , employees , subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants,-or-employees ;-Contraete r-likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers , servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees . In the event Owner rece ives 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 liab i lity insurance carrier that the claim has been referred to the i nsurance carrier. The Director may, if deemed appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor aga inst whom a cla im for damages is outstanding as a result of work performed under a City of Fort Worth contract. 6/1 7/09 C-2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ... 7 . The Contractor agrees , upon the execution of this Contract, and before beginning work , to make , execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided and the surety must first be acceptable to the City of Fort Worth . 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 Owner. 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 Owner. D. A Two-year Maintenance Bond in the name of the Owner is required for all projects to insure the prompt, full and faithful performance o the general guarantee contained in the Contract Documents. 8. The Owner agrees and binds itself to pay, and the Contractor 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 one million two hundred thirty one thousand two hundred five Dollars , ($1,231,205 .00). 9. It is further agreed that the performance of this Contract , wither in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Aviation Department. 10 . The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth , Texas , a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein . 11. It is mutually agreed and understood that this Contract 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 a tteettr· !t"J-!'l'tt!'I. r-------. Contract, and the Contractor agrees to fully comply with all the provisions of the 6/17 /09 C-3 at:FICIAL RECORD CITY SECRETARY FT. WORTH, TX IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 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 (Number here) counterparts with its corporate seal attached . Done in Fort Worth, Texas, this the .....,d,"-"--~----day of ~\._rj' , A.D ., 201_ APPROVAL RECOMMENDED : DIRECTOR , Aviation DEPARTMENT EAS CONTRACTING, LP By EAS Contracting GP, LLC, General Partner CONTRACTOR BY : ____ ___._""'+----- LAwfltJll. ANi,a, zC/£ Pus-~~ TITLE ;). q 'f-1 --, U,.-1> e.-£'.h·t. l)/L qi: J Ou C AP-1..DLt.'f.JAI, -Y 'f 7 5(X)1 ADDRESS 6/17 /09 CITY OF FORT WORTH BY :5~~~~c~ ASSISTANT CITY MANAGER ATIEST: C-4 contract Authorizatioa 1)2..0/1\) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX PARTC Compliance with and Enforcement of Prevailing Wage Laws (a) D uty 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 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final determination of the violation . (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258 .023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph ( c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons . The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. ( e) Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pay Estimates. With each partial payment estimate or payroll period , whichever is less , the contractor shall submit an affidav it stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code. (g) Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/8/2008 .w...-=·===========esv=nrr"""'=--====-==.....,,===:r.•======~====·-.. DA TE: Tuesday, July 08 , 2008 I )G NAME: 30WAGE RATES SUBJECT: REFERENCE NO.: **G-16190 J lopt 2008 Prevailing Wage Rates for City-Awarded Public-Works Projects l.;..,.,...mrm= is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City-awarded blic works projects. ISCUSSION: exas Government Code Chapter 2258 requires that a public body awarding a contract for public works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to <ecute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in at locality . ,..ach year The Quoin Chapter of the Associated General Contractors , in conjunction with the Association of uilders and Con tractors (ABC} and the American Sub-Contractors Association (ASA}, conducts a wage te survey for North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from that survey . SCAL INFORMATION/CERTIFICATION: Tlie Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers bmitt~d for City Manag~r·s Office b..¥.:. Iiginating D~partment Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (8476) A Douglas Rademaker (61 57 ) Eric Bundy (7598) HEAVY & HIGHWAY C ONSTRUCTION PR EVAILING WAGE RA TES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Wei!!:her Broom or Sweeper Operator Bulldozer Operator Carpenter Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator Electrician Flagger Form Builder/Setter, Structures Form Setter, Paving & Curb I Foundation Drill 0Eerator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler I Painter, Structures Pavement Marking Machine Operator Pipe layer Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Propelled Roller Operator, Steel Wheel, Flat Wheel /Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler T ype Tractor Operator, Pneumatic T raveling Mixer Operator Truck Driver, L owboy-Float Truck Dr iver, Single Axle , Heavy Truck Driver, Single Axle, Light Truck D river, Tand em Axle, Semi -Trailer T ruck Driver, Transit-Mix Wagon Drill, Bor ing Machi ne, P ost Hole [?riller Operator Weld er Work Zone Barricade Servicer $10 .06 I $13.99 $12.78 $1101 $ 8.80 $14 .15 $ 9 .88 $13.22 I $]2.80 $12.85 $13.27 $12.00 $13 .63 $12 .50 I $13.56 I $i4 .50 ! $10.61 $14.12 $18.12 ; $ 8.43 $11.63 $ l l.83 $13 .67 $16.30 I $12.62 $ 9.18 $10 .65 $16 .97 $11.83 $11.58 $15.20 $14.50 $14 .98 $13.17 I $10.04] $11.04 I $14 .86 $16 .29 $1 1.07 $10.92 $11.28 $1 J.42 $12.32 I I $12.33 $10.92 $12.60 $12.91 $12.03 $14.93 $11.47 $10.91 $11.75 $12.08 $14.00 $13 .57 $10.09 Acoustical Ceiling Mechanic Bricklayer /Stone Mason Bricklayer/Stone Mason Helper Car enter j Ca rpen ter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic D all Helper Drywall Taper Drywall Taper Helper Elect rician (Journeyman) Electrician Helper Electronic Technician Electronic Technici an Helper Floor Layer (Res ilient) Floor Layer He lper Glazier Glazier Helper Insulator , Insulator He lper Laborer Common Laborer Skilled Lather Painter Painter Helper Pipefitter Pipefitter Helper Plasterer Pl asterer Helper 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY __ I $12.00 I Plumber Helper $15.24 I Reinforcing Steel Setter $19.12 i Roofer $10 .10 Roofer Helper $16.23 Sheet Metal Worker $11.91 Sheet Metal Worker Helper $13.49 Sprinkler System Installer $13.12 Sprinkler System Insta ller Helper $14.62 I Steel Worker Structural $10.91 Concrete Pump Crane, Clamsheel, Backhoe, Derrick, D'Line S13.00 Shovel $9.00 Forklift $20.20 Front End Loader $14.43 Truck Driver $19.86 Welder $12.00 Welder Helper $20.00 $13.00 ! s,s.oo I $13.00 I $14.78 1 I s11.2s I $10.27 $13.18 $16.10 $14 .83 1 $8.00 $18.85 $12.83 $17.25 $12.25 $14.90 $10.00 $14.00 $10.00 $16. 96 $12.31 $18.00 $9.00 $17.43 $20.50 $17.76 $12.63 ! $10 . 50 $14.91 $16.06 $9.75 MEMORANDUM Date: 8/2/10 Re: CTJ Air Land Improvements Construction Verification of Bonds To Whom It May Concern: This is a note confirming that enclosed bonds have been verified through Chris Sivak on Friday, July 30 , 2010. Thanks, (J(useena Jolinson Ruseena Johnson