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Contract 39251 (2)
Between CITY OF FORT WORTH and Bradley Garrett, dba Garrett Excavation and Demolition For Abatement, Removal, Transportation, and Disposal of Asbestos Containing Material and the Demolition of Three Building and Ancillary Structures at 816 Irma Street, 1250 Evans Avenue, and 1264 Evans Avenue Fort Worth, Texas Environmental Management Department September 2009 OFFICIAL RECOR CITY SECRETAR 1 o-o?-o 9 >~4: 1 Ft WORTH TX ' . ' ST ATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § l CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION OF STRUCTURE , AT 816 IRMA STREET, 1250 EVANS AVENUE, AND 1264 EVANS AVENUE. DEM 09-10 FS #5 This Contract is entered into by and between the City of Fort Worth , Texas , a home-rwle municipality located within Tarrant, Denton , Parker , and Wise Counties , Texas , ("Cit~"), acting through Fernando Costa , its duly authorized assistant city manager, and Brad]ley Garrett, dba Garrett Excavation and Demolition ("Contractor"). WHEREAS , the City desires to conduct a project for the abatement, remo 1al , transportation, and disposal of asbestos containing material and the demolition three {3) buildings and ancillary structures located at 816 Irma Street , 1250 Evans Avenue, ar d 1264 Evans Avenue, Fort Worth , Texas ; and l WHEREAS , the City desires to hire a professional firm knowledgeable and experiencr d in conducting such demolition and asbestos abatement, removal , transportation a~d disposal ; and WHEREAS, the Contractor has represented that it is knowledgeable and experienced in conducting such a demolition and an asbestos abatement, removal , transportation a d disposal project. WITNESS ETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of tlhis Contract, the City and the Contractor agree as follows: 1. DEFINITIONS In this contract , the following words and phrases shall be defined as follows ; Asbestos shall mean the asbest iform var ieties of chrysot ile , amosite , crocidoli t e , tremolite , anthophyllite , and actinolite and all materials containing one percent or mdre of any of those substances . Asbestos-Containing Material (ACM) shall mean materials or products that contain more than one percent (1 .0%) of any ~ind or combination of asbestos , as determined ~y Environmental Protection Agency (EPA) recommended methods as listed in Section 0 of the Code of Federal Regulations , (CFR) Part 763 , Subpart F and 40 CFR 763 Subpart E, Appendix A. This means any one material component of a structure. l Asbestos Removal shall mean any action that dislodges , strips , or otherwise takes aw • y asbestos containing material (ACM). I City 's Representative means the Director of Environmental Management , or tme Director's designee . Contract Documents shall mean this document , the Invitation to Bid , all attached exhibits , City-issued pre-bid amendments , and the Contractor's Response to t ~e Invitation to Bid along with all associated documents , which shall be incorporated ar d made a part of this Contract. Contractor shall mean Bradley Garrett , dba Garrett Excavation and Demolition . Director shall mean the Director of the City of Fort Worth 's Environmental Management Department. NESHAP shall mean the United States Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part 61.J Notice to Proceed means the letter issued by the City that authorizes Contractor r o begin work. It also authorizes future invoices to be paid. Regulated Asbestos-Containing Material (RACM) shall mean (a) friable asbestos material , (b) Category I non-friable ACM that has become friable , (c) Category I non- friable ACM that will be or has been subjected to sanding , grinding, cutting , or abradi rl g, or (d) Category II non-friable ACM that has a high probability of becoming or hks become crumbled , pulverized , or reduced to powder by forces expected to act on t t1 e material in the course of demolition or renovation operations . I RFP shall mean the City 's Request for Proposals for Project DEM 09-10 FS ~5 . Asbestos Abatement and Demolition of Structures for New Fire Station #5 , Fort Worth , Texas . Subcontract means a contract between the Contractor for this project and anoth 1 er person or company for any task defined in the scope of work . A pu rchase o rde r is al f o cons idered a subcontract. I Substantial Completion means the date when the project is sufficiently completed in accordance with the Contract Documents , as modified by any change orders agreed Ito CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demoliti on DEM 09-10 FS #5 Page rz by the parties , so that the City can occupy the project or specified area of the project 'or the use for which it was intended. 2. SCOPE OF CONTRACTOR'S SERVICES The scope of work shall include the abatement , removal, transportation , and disposal of the following asbestos containing or asbestos contaminated material ("ACM ") of three buildings located at 816 Irma Street , 1250 Evans Avenue , and 1264 Evans Aven Je , Fort Worth , Texas , Fort Worth , Texas . A. The scope of work includes demolition of the identified buildings and structures after the removal of the following asbestos-containing or asbestos-contaminat~d materials utilizing wet methods within full , negative pressure containm ~nt equipped with HEPA filtration . All removed materials are to be disposed of as asbestos-containing material. All debris generated from removal is to be disposed of as asbestos-containing waste . J A total of 3 buildings will be demolished . ACM will be removed from these structures prior to demolition . Work performed will be as follows : Location ACM for Abatement Square Feet for Demolition 816 Irma Popcorn Ceiling and wall texture -porch -160 SF entry 1250 Evans Texture on walls and ceiling -throughout -900 SF (-510 SF) 12"x 12" floor tile -(-675 SF) Roof Decking -(-980 SF) 1264 Evans Red floor tile / black mastic -kitchen and -1 ,180 SF hall (-300 SF) Black floor tile mastic associated with tan floor tile -beneath carpet in SE bedroom (-200 SF) Window caulk -(100 SF) CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavati on and Demoliti on DEM 09-10 FS #5 Page ~ B. C . D. E . F . G . The quantities identified in this contract are estimated by the building owner and/or his designee . The Contractor has had the opportunity , prior to submitti f g a bid , to examine the buildings and the Contractor is responsible for havi ~g verified all quantities . Claims for additional compensation due to variatio ~s between conditions actually encountered in the project and as indicated in t ~is contract will not be allowed. Any exception to this provision will only be made_ 1 at the sole discretion of the City and if the Contractor can clearly show why t r e variation was not identifiable prior to submitting the bid. In addition , the retaining wall between the building at 1264 Evans Avenue a ~d the sidewalk along Evans Avenue shall be removed and the lot graded at an acceptable slope towards the western portion of the lot. I Contractor shall furnish all tools , labor, equipment, and permits necessary to fully complete the demolition of the structures identified in the bid documents . Prior to commencement of any work under this Contract , Contractor shall obtain from the City a written notice to proceed . Upon completion of the work , Contractor shall obtain a final inspection from t r e City . Contractor shall protect the work site as necessary with barriers , ligh i s, scafetguatrds orhw 1 a 1 rninrfgs. . d d f . 1 th . I on rac or s a pe orm, 1n a goo an pro ess1ona manner, e services contained in this Contract. Project Coordination : (i) Contractor will be responsible for coordinating with the Environmen al Management Department, within twelve (12) days after receipt of notice to proceed , the start date of demolition to allow for notification to the Texas Department of State Health Services (DSHS). The City of Fort Worth will prepare and submit the DSHS notification and pay all DSHS notification fees . (ii) Upon rece ipt of a notice to proceed a nd pr io r to demol it ion , co nt racJo r must obtain a wreck ing perm it to demolis h the subject structure trd m the Development Department , telephone (817 ) 392 -2222 . I CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Exca va ti on and Demolition DEM 09-10 FS #5 Page 4 (iii) In obtaining the wrecking permit , the contractor will be required 1 to abide by City of Fort Worth ordinance number 17228 , also known as the "Tree Preservation Ordinance ." Under the preservation ordinanc~, no tree 6 " diameter or greater will be removed and all trees within 50 feet of a structure will be protected as per Tree Ordinance #1722;8 . Removing trees that interferes with construction is permissible while still retaining 25% of existing canopy. It is the City 's intent to leave 111 trees in place and only remove trees that are dead or will jeopardi.t e the health and safety of the workers performing demolition activities . I H . Site Preparation: (i) Prior to any abatement or demolition activities, the contractor will remove all universal waste items including light bulbs , mercu o/- containing devices , paints , pesticides , etc . These items will be prope ~ly packaged and disposed by the contractor. The contractor will provi~e documentation (waste manifest , bill of lading , etc .) that the waste was properly disposed . I (ii) Contractor will disconnect all associated air conditioning units a~d properly evacuate any remaining refrigerant contained within the units prior to being disconnected . (iii) Utilities have been terminated to the sites . Prior to demolition , t ~e contractor will be responsible for verifying that all utilities (i.e. natu ri al gas , telephone , water, etc.) have been disconnected . Contractor will cut and cap all site utilities at point of connection to the site . I. Site Work : i. All structures will be abated of all ACM and will be demolished removing all slabs/foundations , utility infrastructure and grading lof the parcel to properly manage storm water. ii. Prior to the start of abatement and demolition of any structure , ea bh structure shall be inspected to ensure the safety of the crew . 1 iii . Demol iti on act iv it ies w ill inc lude t he demo li t ion of a ll s ite structu r1s , and slabs/foundations . Streets , drives , and curbs w ill rema in in place . All demol it ion debris w ill be removed from the site a d recycled or d isposed in a landfill accepting such waste . f-11 foundations will be removed down to a minimum of 2 feet bel l w CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demoliti on DEM 09-10 FS #5 I Page 5 A. B . C . D. E . grade . If foundations/piers extend beyond 2 feet below grade , they may be severed at that point and left in place . iv . Contractor shall clean and remove all remaining furnitu ~e , household furnishings , building materials , tires , debris , trash, rubbish and any other solid waste from the premises . The ~e materials shall be recycled , reclaimed or disposed at a facility or landfill that is approved to accept such waste . v . Demolition activities will be performed in accordance with Federal , State and local visible emission requirements (i.e . no visi ~le emissions will leave the demolition area). Water is available in tr e vicinity of the construction area . v1. The work area will be maintained in a manner that will control 1 all demolition debris from becoming windblown and/or migrating fr]m the work area during and after working hours. vii. Upon completion of the demolition work , the Contractor will obtai a final inspection on the wrecking permit from the Building lnspectibn Division in the Development Department. ( call 2222 to verify) viii. Upon completion of the entire project , contractor shall sweep dirt and debris from the haul routes used to ensure any sedimJnt tracked from the site is collected. 3. SCOPE OF CITY SERVICES City shall coordinate with facilities, City departments, and any tenants for access to the site. City shall prepare and revise all notifications necessary to the Texas Department of State Health Services Health (TDSHS) for the work provided herein . City shall make payment of all applicable TDSHS fees . City sha ll give t imely d irect ion to the Contractor. ~ity shall render decis ions regarding modifications to the Contract and any ot 1er issue . 4. CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-10 FS #5 Page 6 TIME TO START AND TO COMPLETE THE PROJECT Contractor shall begin work upon receipt of the Notice to Proceed issued to Contract~r by City and Contractor shall complete all phases of the work within 120 days of receipt of the notice to proceed. A. B. C. D . E. F . 5. COMPENSATION In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a sum not to exceed four thousand, six hundred, nine~- six dollars ($4,696.00) for the asbestos abatement and removal portion of t ~e contract work and a sum not to exceed eleven thousand, five hundred, fifteen dollars ($11,515.00) for the demolition portion of the contract work , and a to t al contract price of sixteen thousand, two hundred, eleven dollars ($16,211.00 ). The cost for the performance of such work shall be in accordance with Secti b n 2.4 of the Contractor's Response . The City shall not be liable for any jot Contractor's costs in excess of the Not-to-Exceed Amount unless the City has signed and issued a formal Modification to the Contract. Contractor understands and agrees that claims for additional compensation due to variations between conditions actually encountered in the project and ks indicated in the Contract Documents will not be allowed unless the Contrac~or can clearly show to City , as determined in the sole discretion of City , why th/ e variation was not identifiable prior to executing this Contract. The City agrees to pay Contractor within thirty (30) days after receipt of corrj ct invoices, except as provided in Section 7 "Indemnification," subsection H. Contractor acknowledges that payment will not be rendered by City unless Contractor completes the removal of asbestos as described within the Scope lot Work and the work is accepted by the Director. I Periodically during the performance of this Contract , the Contractor's Project I Manager shall inform the City 's representatives of his/her best estimate of tre expenses incurred to that time . In the event that the estimate approximates t~e Not-to-exceed amount , Contractor shall prepare to cease its operations unleJss and until the Contract is amended and an authorized representative of the City directs Contractor to perform additional work . CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-10 FS #5 Page r G . H. Contractor shall receive no compensation for delays or hindrances to the wo ~k , except when direct and unavoidable extra cost to Contractor was caused lby City 's failure to provide information, if any , which it is required to do . When extr a compensation is claimed , a written statement thereof shall be presented to tne City . In the event that actual expenditures may result in a total cost in excess of t~e Not-to-Exceed Amount , Contractor must submit a request for a Modification o the Contract in accordance with Section 24 . 6. INSURANCE The Contractor certifies it has , at a minimum , current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commenci ~g work , the Contractor shall deliver to City, certificates documenting this coverage. T r e :ity m:o:::::i:lav:::::~nt~~::~:t:u~~~~;:n::tir~ p:I:~:::: ~::e:~::· occurrencll e; $2,000,000 aggregate. B. Automobile Liability Insurance - Coverage on vehicles involved in the work performed under this Contract: a) $1,000,000 per accident on a combined single limit basis or: $500 ,000 Bodily injury/person $500 ,000 Bodily injury/accident $250 ,000 Property damage b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person , $40 ,000 Bodily Injury each accident ; $15,000 Property Damage each accide ht. The named insured and employees of Provider shall be covered under t~is policy . The City of Fort Worth shall be named an Additional insured bn Endorsement TE 9901 or equivalent , as its interests may appear. Liability Jior damage occurring while loading , unloading and transporting materials collected under the Contract shall be included under this policy . C . Worker 's Compensation - Statutory limits for Worker's Compensation plus Employer's liability at a minimum : $1 00 , 000 each accident ; CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-10 FS #5 I Page 8 D . E . F . $500,000 disease -policy limit; and $100 ,000 disease -each employee. Environmental Impairment Liability (Ell) and/or Pollution Liability -$2 ,000 ,0IDO per occurrence. Ell coverage(s) must be included in policies listed in items !A and B above ; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading , unloading and transporti ~g materials collected under the contract shall be included under the Automobrle Liability insurance or other policy(s). Asbestos Abatement Insurance -$2 ,000 ,000 each occurrence with no Sunset Clause . l The following shall pertain to all applicable policies of insurance (A. through .) listed above : I 1. Additional Insured Clause : "The City of Fort Worth , its officers, agents , employees , and representatives are added as additional insureds as respe dts operations and activities of, or on behalf of the named insured , performed und:er Contract with the City of Fort Worth ." The additional insured requirement does not apply to Workers ' Compensation policies . I 2 . Subcontractors shall be covered under the Provider's insurance policies i°r they shall provide their own insurance coverage ; and , in the latter case , documentation of coverage shall be submitted to the Provider prior to t [' e commencement of work and the Provider shall deliver such to the City . 3 . Prior to commencing work under this Contract, the Provider shall deliver to the City of Fort Worth insurance certificate(s) documenting the insuran i e required and terms and clauses required. 4. Each insurance policy required by this Contract shall contain the followi f g clauses : "Th is i nsurance shall not be canceled , limited in scope or coverage , or non-renewed until after forty-five (45) Days prior written notice has been g iven Ito the Director of Environmental Management, City of Fort Worth , 1 O~O Throckmorton , Fort Worth , Texas 76102 ." Note : Written notice can be by Provider or in surance company . f 5 . The insu rers for a ll pol ic ies must be li censed /approved to do b us iness i n t e State of Texas . Except for workers ' compensation , all insurers must have a minimum rating of A : VII in the current A . M . Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the sat isfaction of R isk I CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition I DEM 09-10 FS #5 Page 9 Management. If the rating is below that required , written approval of Risk Management is required . 6 . The deductible or self-insured retention (SIR) affecting the coverage requirJ d shall be acceptable to and approved in writing by the Risk Manager of the City bf Fort Worth in regards to asset value and stockholders equity . In lieu of tradition ~! insurance , alternative coverage maintained through insurance pools or ri~k retention groups must be also approved by the City 's Risk Manager. 7 . Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 8 . Such insurance policies shall be primary , without right of contribution and not subject to any offset by any other insurance carr ied by the City or the Provider. 9. If insurance policies are not written for specified coverage limits , an Umbre la or Excess Liability insurance for any differences is requ ired . Excess Liabil ty shall follow form of the primary coverage . 10 . Unless otherwise stated , all required insurance shall be written on t ~e "occurrence basis ". If coverage is underwritten on a claims-made basis , t ~e retroactive date shall be coincident with or prior to the date of the contractyal agreement and the certificate of insurance shall state that the coverage is claim 1 s- made and the retroactive date. The insurance coverage shall be maintained ~br the duration of the contractual agreement and for five (5) years followi ~g completion of the serv ice provided under the contractual agreement or for t ~e warranty period , whichever is longer. An annual certificate of insuran r e submitted to the City shall evidence such insurance coverage . 11 . The City, at its sole discretion , reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages a ~d their limits when deemed necessary and prudent by the City based up0n changes in statutory l~w , court decision _or the claims history of the industry r s well as of the contracting party to the City of Fort Worth . In the event the City requires the insurance limits to be increased or changes in policy categories e r types of coverage , the City shall provide written notice to the contracting party . The contracting party will have ninety days from the date of notice to comply w ith t he add it iona l req uire ments . CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Ex cavation and Demo lition DEM 09-10 FS #5 I Page 10 7. INDEMNIFICATION A. For purposes of this Contract , the following words and phrases shall be defined as follows: 1 1. Environmental Damages shall mean all claims , judgments , damages , losses , penalties , fines , liabilities (including strict liability), encumbrancJ s , liens, costs , and expenses of investigation and defense of any clai ~, whether or not such claim is ultimately defeated , and of any good fa ith settlement or judgment, of whatever kind or nature , contingent !or otherwise , matured or unmatured, foreseeable or unforeseeable , includi r g without limitation reasonable attorney 's fees and disbursements and consultant's fees , any of which are incurred as a result of handli ~g , collection , transportation , storage , disposal , treatment , recovery , and 1or reuse of asbestos containing materials pursuant to this contract, or t~e existence of a violation of environmental requirements pertaining to , ahd including without limitation: 2 . a. Damages for personal injury and death , or injury to property or natural resources; b. Fees incurred for the services of attorneys , consultants , contractors , experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation jot environmental requirements including , but not limited to , the preparation of any feasibility studies or reports of the performan be of any cleanup , remediation , removal , response, abateme r t , containment , closure , restoration or monitoring work required by any federal, state or local governmental agency or politi dal I subdivision , or otherwise expended in connection with ±e existence of such wastes or violations of environmen al requirements, and including without limitation any attorney 's fe s, costs and expenses incurred in enforcing this contract or collecti hg any sums due hereunder ; and I c . Liab il ity to any th ird pe rson or governmental agency to indemn ify such person or agency for costs expended in connect ion w ith tl 1 is Agreement. Environmental requirements shall mean all appl icable present and fut re statutes , regulations , rules , ordinances , codes , licenses , permits , orde s , I CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-10 FS #5 Page 1 B. C. approvals , plans, authorizations , concessions , franchises , and similar items, of all governmental agencies , departments , commissions , boards, bureaus, or instrumentalities of the United States, states, and politicbl subdivisions thereof and all applicable judicial , administrative , a ~d regulatory decrees , judgments , and orders relating to the protection of human health or the environment , including without limitation : a . All requirements , including , but not limited to , those pertaining to reporting , licensing, permitting , investigation , and remediation pt emissions , discharges, releases , or threatened releases pt hazardous materials , pollutants , contaminants or hazardous or to ~ic substances , materials, or wastes whether solid , liquid , or gaseo ws in nature , into the air, surface water , groundwater, stormwater, e r land, or relating to the manufacture , processing , distribution , usr treatment , storage , disposal , transport, or handling of pollutan,s, contaminants , or hazardous or toxic substances, materials , or wastes, whether solid , liquid , or gaseous in nature ; and b . All requirements pertaining to the protection of the health amd safety of employees or the public. GENERAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEAS I ' INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, /.fs OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/dR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES A1E CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERjS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE CJ>F CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. I ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HERESY I RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY , ITS OFFICERS , AGENTS, EMPLOYEES AND VOLUNTEE~S AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THiE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENt S RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATlqN, TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF ASBESTOS CONTAINING MATERIALS I CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demoliti on DEM 09-10 FS #5 Page 12 D . E. F. G . H . I PURSUANT TO THIS CONTRACT WHICH IS REMOVED UNDER THjS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR TJ1E VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE TJ1E RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT C3R OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. The obligations of the Contractor under this section shall include, but not tl>e limited to, the burden and expense of defending all claims, suits a ~ 1 d administrative proceedings (with counsel reasonably approved by City), even if such claims , suits or proceedings are groundless, false, or fraudulent , a ~d conducting all negotiations of any description, and paying and discharging, when and as the same become due , any and all judgments, penalties or other surils due against such indemnified persons. Upon learning of a claim, lawsuit, or other liability that Contractor is requir1 d hereunder to indemnify City , City shall provide Contractor with reasonably timJly notice of same . The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. I In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City /in a manner consistent with this section . In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has be~n completed to the satisfaction of the City Manager, as evidenced by a fi ~I al inspection , final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City ManaQer that the claim has been settled and a release has been obtained from the claimant involved . 1. If the c la im concerned remains unsettled at the expiration of the sa id thi ~y- day (30) period , out of the performance of such work . 2 . The City Manager shall not recommend final payment to Contractor i~ a claim for damages is outstanding for a period of six (6) months following t i e CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition I DEM 09-10 FS #5 Page 13 3. date of the acceptance of the work performed unless the Contractor submits evidence in writing , satisfactory to the City Manager, that: J (i) The claim has been settled and a release has been obtained from tnl e claimant involved; or (ii) Good faith efforts have been made to settle such outstanding claimfs, and such good faith efforts have failed . If condition (a) above is met at any time within the six (6) month period , t ~e City Manager shall recommend that the final payment to Contractor l::>e made . If condition (b) above is met at any time within the six (6) month period , the City Manager may recommend that final payment to Contractbr be made. At the expiration of the six (6) month period , the City Manager may recommend that final payment be made if all other work has beJn performed and all other obligations of the Contractor have been met to t ~e satisfaction of the City Manager. The Contractor may be deemed by tne City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amou:nt then due less the dollar value of any written claims pending against t i e Contractor arising. 8. PREVIALING WAGE RATES The contractor selected for this project will be required to comply with TE~S GOVERNMENT CODE , Chapter 2258, with respect to payment of Prevailing Wa<JJe Rates for public works contracts and the Davis -Bacon Act , whichever is higher ~or building and construction trades, and shall comply with the prevailing wagie requirements as specified in the RFP for the project. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a simil:ar character in the locality in which the work is performed; and not less than the gene l al prevailing rate of per diem wages for legal holiday and overtime work . A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execut ion of a contract for the public work with the City of Fort Worth . The contractor who is awarded a public work contract , or a subcontractor of i e contractor, shall pay not less than the prevailing wage rates to a worker employed br it in the execution of the contract. A contractor or subcontractor who violates t 1 is requirement shall pay to the City of Fort Worth , $60 for each worker employed for each CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-10 FS #5 Page 4 calendar day or part of the day that the worker is pa id less than the wage rat l s stipulated in the contract. I This requ irement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate . 9. WAR~NTI I Contractor warrants that it understands the currently known hazards and suspected hazards that are present to persons , property and the environment by removin 9, transporting , and disposing of asbestos containing materials and demolishi ~g structures , and all other work assoc iated with the performance of this contra<r;t. I Contractor further warrants that it will perform all services under this Contract in a sa ~e , efficient and lawful manner using industry accepted practices, and in full complian<r;e with all applicable state , local and federal laws governing its activities . Contractor al ~o warrants that it is under no restraint or order that would prohibit performance of servic ~s under this Contract. . I A . B . A . 10. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this Contract, a ~d during the duration of the Contract, it shall have and maintain current valid a md appropriate federal , state and local licenses and permits necessary for tlhe provision of services under this Contract. Contractor agrees to require all of its subcontractors used in performance of this Contract to have and maintain current valid and appropriate federal , state a ~d local licenses and permits necessary for the provision of services under this Contract. 11. TERMINATION I City may term i nate th is Contract , with or w ithout cause , by giv ing te n (1 0) da ~s w ritt e n noti ce t o Co nt ract o r, prov ided th at s uch te rm inat ion sha ll be w ith du t prejudice to any other remedy the C ity ma y have . In the event of term inat ig n , any work in progress w i ll cont inue to complet ion unless specified otherw ise in t e notice of termination . CONTRACT FOR ASBESTOS ASA TEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-10 FS #5 Page 5 B . C . A. B . C . D . If the City terminates this Contract under subsection A. of this section , City shall pay Contractor for all services performed prior to the termination notice . All completed or partially completed original documents prepared under t ~is Contract shall become the property of the City when the Contract is terminate 1 d , and may be used by the City in any manner it desires ; provided , however, th 1 at the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested . J I 12. DEFAULT Contractor shall not be deemed to be in default because of any failure to perfo )m under this Contract , if the failure arises from causes beyond the control a r d without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity , fires , flood , epidemics , quarantine restrictions , strikJ s, freight embargoes , and unusually severe weather. If the failure to perform is caused by the failure of a subcontractor of Contracto r s to perform , and if such failure was beyond the control of both the Contractor a r d the subcontractor, without their fault or negligence , Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. Alternatively , if at any time during the term of this Contract the work of Contrador fails to meet the specifications of the Contract Documents, City may notify Contractor of the deficiency in writing . Failure of Contractor to correct such deficiency and complete the work required under this Contract to the satisfacti ~n of City within ten (10) days after written notification shall result in termination !of this Contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this Contract shall be paid by Contractor. I In the event either party defaults in the performance of any of its obligatio r.s under this Contract , misrepresents to the other a material fact , or fails to notify the other party of any material fact which would affect the party 's performance lot its obligat ions hereunder, the non-defaulting party shal l have a right to te rmin dte this Contract upon giving the defaulting party written notice describing t he brea bh or omission in reasonable detail. The defaulting party shall have a fifteen (15) day period commencing upon the date of notice of default in which to affect a cure . If the defaulting party fails to affect a cure within the aforesaid fifteen (15) CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-10 FS #5 Page 6 E. A. B . C . day period, or if the default cannot be cured , the Contract shall terminate as of the date provided in the notice of default. 1 The remedies provided for herein are in addition to any other remedies availab jle to City elsewhere in this Contract. 13. RIGHT TO AUDIT City shall , until the expiration of five (5) years after final payment is paid und l r this Contract, have access to and the right to examine any directly pertine r t books , documents , papers and records of Contractor involving transactio ~s related to this Contract. Contractor shall give City access during normal workinl g hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph . City shall give Contractor reasonable advance notice of intended audits . Contractor shall include in all its subcontracts hereunder a provision to the effict that the subcontractor shall give City, until the expiration of five (5) years aftrr final payment is paid under the subcontract, access to and the right to exami ~e any directly pertinent books , documents , papers and records of SU f h subcontractor involving transactions to the subcontract, and further , that City shall have access during normal working hours to all appropriate work space , in order to conduct audits in compliance with the provisions of this paragraph . City shall give subcontractor reasonable advance notice of intended audits . I The obligations of the Contractor under this section shall survive the expiration 1 ot this Contract and the discharge of all other obligations owed by the parties ~o each other hereunder. I 14. INDEPENDENT CONTRACTOR Contractor shall perform work under th is Contract as an independent contractor and ot as an agent o r employee of City . City shall not be cons idered the emp loyer, 90- emp loye r or j o int e m p loye r of th e office rs , em p loyees or agents of Cont ract ©r. Contractor shall have the so le control , superv is ion , direct ion and respons ibil it y over jts officers , emp loyees and agents and shall have the sole respons ibility for determ ini g the manner and means of prov iding the work described in this Contract , except as CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-10 FS #5 Page 17 outlined in this Contract or as otherwise required by federal , state , county or city law , regulation or rule . A. B . C . 15. NON-DISCRIMINATION During the performance of this Contract, Contractor agrees not to discriminal e against any employee or applicant for employment because of race, religioln , color , sex or national origin , except where religion , sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous placJs, available to employees and applicants for employment , notices setting forth t ~e provisions of the non-discrimination clause . Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract , that Contractor is an equal opportunity employer . l Notices, advertisements , and solicitations placed in accordance with federal la , rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section . I 16. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas , except where preempted by federal law . 17. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within tre stipulated time , there shall be deducted from any moneys due or owing Contractor , for which may become due , the sum of$ 1,000 .00 per day for each day after the date the project was to be completed , unt il the project is substantial ly completed . Such s J m shall be treated as liqu idated damages and not as a penalty , and C ity may withh J ld from Contractor's compensation such sums as liqu idated damages . The amount of damage to City for delay in completion of the work is difficult to ascertain and the CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demoliti on DEM 09-10 FS #5 Page 18 amount of the liquidated damages per day as stated above is reasonably anticipatj d pecuniary damages for such delay, and is not a penalty . 18. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or J e construed as a waiver by the City of any breach of covenant, or any default which m~y then exist , on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right br remedy available to the City with respect to such breach or default. Any waiver ~y either party of any provision or condition of the contract shall not be construed br decreed to be a waiver of any other provision or condition of this Contract , nor a waiv ~r of a subsequent breach of the same provision or condition , unless such waiver ! e expressed in writing by the party to be bound. 19. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to t is contract. Contractor shall not assign , sublet , or transfer its interest in this contrJ ct without written consent of the City . Nothing herein shall be construed as creating a r y personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contract6r. Notwithstanding the above , Contractor has identified its subcontractors in its ~id package , and such identified subcontracts shall not be deemed to violate the prohibiti©n of assignment. If, however, Contractor chooses to substitute another subcontract1 r, Contractor shall notify the City and such substitution shall require the approval of t ~e City . 20. NOTICE I Not ices required to be made under th is Contract shall be sent to the following persons at the follow ing addresses ; prov ided , however, that each party reserves the right Ito change its des ignated person for notice , upon wr itten notice to the other party of su t h change : CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Demolition DEM 09-10 FS #5 I Page rg If to City: Written notice shall be sent to : Brian Boerner, Director Department of Environmental Management 1000 Throckmorton Fort Worth , Texas 76102 If to Contractor: Name : Address : Bradley Garrett Garrett Excavation and Demolition 312 Faith Ct. Burleson , TX 76028 Telephone : (817) 426-0082 FAX : (817) 426-2307 21. VENUE Should any action , real or asserted , at law or in equity , arise out of the terms a r d conditions of this Contract , venue for said action shall be in Tarrant County , Texas . 22. SEVERABILITY The provisions of this Contract are severable ; and if for any reason any one or more of the provisions contained herein are held to be invalid , illegal or unenforceable in any respect , the invalidity , illegality or unenforceability shall not affect any other provision jot this Contract , and this Contract shall remain in effect and be construed as if the invalid , illegal or unenforceable provision had never been contained in the Contract. I 23 . ENTIRETY Th is Cont ract , the Contract documents , the Inv itat ion to Bid , and any other anci ll ary documents submitted as part of the bid package contain all the terms and conditiof1 s agreed to by the City and Contractor. No other Contracts , oral or otherwise , regardi g CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Ex cavation and Demolition DEM 09 -10 FS #5 Pa go ID the subject matter of this Contract or any part thereof shall have any validity or bind a I y of the parties hereto . In the event of any actual conflict of the terms or obligations of t ~e parties between this contract and other contract documents , the terms of this contr ct shall take precedence . 24. MODIFICATION No modification of the Contract shall be binding on Contractor or City unless set out in writing and signed by both parties . CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavati on and Demolition DEM 09-10 FS #5 , Page 121 SIGNATURE PAGE FOR 816 IRMA STREET, 1250 EVANS AVENUE, AND I 1264 EVANS AVENUE ASBESTOS ABATEMENT AND DEMOLITION CONTRAC i This Contract has been executed by the parties in triplicate in Tarrant County , Texas on this date , o~~ \..Q , 2009. City of Fort Worth Garrett Excavation and Demolition ~c,{~k. Fernando Costa , A st. City Manager APPROVED AS TO FORM ~l1-!3 c~- Arthur N. Bashor, Asst. City Attorney A TIEST: CORPORA TE SEAL: ~~P:P CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION -Garrett Excavation and Dem lition DEM 09 -10 FS #5 Page 22 OF ICI L RECORD ITY SECRETAR • 0 TH, TX CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T .C .A. Labor Code §406 .96 (2000), as amended , Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project DEM 09-10: Fire Station #5 . STATE OF TEXAS COUNTY OF TARRANT CONTRACTOR Bradley Garrett, dba Garrett ___ _ Excavation and Demolition By :~~ O~n.e..v::: Title § § § INVITATION TO BID FOR T WORTH CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 PROJECT: DEM 09-10: FS #5 ASBESTOS ABATEMENT AND DEMOLITION OF STRUCTURES FOR NEW FIRE STATION #5 FORT WORTH , TEXAS M ay 12 , 2009 Ga r re t t Ex cava tion & Demol ition Company Name 3 1 2 Fa i th Ct . Address Burl eson , TX 76028 City , State, Zip 6 /25 /2 00 9 Date 2.1.Bid Document Checklist All Bid Documents, including this checklist, must be completed in full and submitted in a sealed envelope, in the requested order, to be considered a responsive submittal. Bid Documents Initial if Included 1. Bid Document Checklist 2. Acknowledgement of Receipt of Addenda 3. Scope of Work 4. Cost 5. Contractor Information and Qual ifications 6. Contractor Submittals 7. Subcontractor Information and Qualifications 8. Bonds 9. Minority/Women Business Enterprise Utilization Requirements 10 . Statement of Residency 11 . Nondiscrimination 12 . Prevailing Wage Rates 13 . Insurance Certificates 14 . Contractor's Responsibilities 15 . Contractor's Legal and Compliance History I understand that all of these items will be reviewed, and any items not included may result in my bid being considered non-responsive. Signature ~If{ d, ~ Name Bradley J Garrett Title Owner ---------------------- Company Garrett Excavation & Demolition Date 6/25/2009 2-2 2.2.Acknowledgement of Receipt of Addenda 2 .2.1 . Check if applicable _x_ The undersigned acknowledges the receipt of the following addenda to the Invitation to Bid , and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 6 /1/200 9 (Date received) Addendum Number 2 (Date received) Addendum Number 3 (Date received) 2.2.2. Check if applicable __ The undersigned acknowledges the receipt of no addenda to the Invitation to Bid . Bradley J Garrett Name Owner Title Garrett Excavation & Demolition Company 6/25/2009 Date 2-3 FOR T WORTH ENVI RO N!Vl ENTAL MANAGEMENT ADDENDUM TO: Interested Parties FROM: Roger Grantham, Env i ronmental Program Manager Department of Environmental Management DATE: June 1, 2009 RE: Addendum #1 DEM 09-10 : FS #5 As of Thursday, May 28, 2009, the following apply; 1. The retaining wall that exists between 1264 Evans and the City of Fort Worth sidewalk along the Evans Avenue shall be removed and the lot graded at an acceptable slope towards the western portion of the lot. 2. The amount of identified asbestos-contain ing materials located within 816 Irma has been changed to "'160 SF of popcorn ceiling and wall texture located in the porch entry and reflected on the attached replacement Scope of Work. 3. Please substitute the following pages (replacements) within the bid document: 2.3 Scope of Work Bids are be ing accepted by the City of Fort Worth for the furnishing of all labor , materials and equipment necessary to perform t he removal of all asbestos- containing materials (ACM) and the demolition of three structures identified below ; 1.1.1. Site Information A total of 3 commercial/residential structures will be demolished . ACM w ill be removed from these structures pr ior to demolition . l Location ACM for Abatement Square Fieet for "' ' ' '•· ~~ Demolt on 816 Irma Popcorn Ceiling and wall texture -porch entry -900 SF (-160 SF) 1250 Evans Texture on walls and ceiling -throughout (-510 SF) -900 SF 12"x 12" floor tile -(-675 SF) Roof Decking -(-980 SF) 1264 Evans Red floor tile/ black mastic -kitchen and hall (-300 SF) -1 ,180 SF Black floor tile mastic associated with tan floor tile - beneath carpet in SE bedroom (-200 SF ) Window caulk -(100 SF) *Quantities identified in this Bid Package are estimated by the building owner and/or his designee and will utilized for tabulating this bid only i n order to determine the best value award ; the Contractor is responsible for verifying all quantities w ith the City prior to initiation of work on a site for establishing the actual agreed upon value of the Contract. I I 2.3. Scope of Work Bids are being accepted by the City of Fort Worth for the furnishing of all labor , materials and equipment necessary to perform the removal of all asbestos-containing materials (ACM) and the demolit ion of three structures identified below; 2 .3 .1. Site Information A total of 3 commercial/residential structures will be demolished. ACM will be removed from these structures prior to demolition. n Location ACM for Abatement j Square Feet for Demolition i ~ ' 816 Irma Popcorn Ceiling texture -throughout (-200SF) -900 SF Window Caulking -throughout (-200SF) 1250 Evans Texture on walls and ceiling -throughout (-510 SF) -900 SF 12"x 12" floor tile -(-675 SF) Roof Decking -(-980 SF) 1264 Evans Texture/Joint compound walls & ceiling -throughout -1,180 SF (-1,000 SF) *Quantities identified in this Bid Package are estimated by the building owner and/or his designee; the Contractor is responsible for verifying all quantities. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to job commencement. \ I I 2-4 ... 1 2 .3.2 . Project Coordination Contractor will be responsible for coordinating with the Environmental Management Department , within twelve (12) days after receipt of notice to proceed , the start date of demolition to allow for notification to the Texas Department of State Health Services (DSHS). The City of Fort Worth will prepare and submit the DSHS notification and pay all DSHS notification fees . Upon rece ipt of a notice to proceed and prior to demolition, contractor must obtain a wrecking permit to demolish the subject structure from the Development Department, telephone (817) 392-2222 . In obtaining the wrecking permit, the contractor will be required to abide by City of Fort Worth ordinance number 17228 , also known as the "Tree Preservation Ordinance." Under the preservation ordinance , no tree 6" diameter or greater will be removed and all trees within 50 feet of a structure will be protected as per Tree Ordinance #17228 . Removing trees that interferes with construction is permissible while still reta ining 25% of existing canopy . A copy of the ordinance has been included as Appendix B. It is the City's intent to leave all trees in place and only remove trees that are dead or will jeopardize the health and safety of the workers performing demolition activities. 2.3 .3. Site Preparation Prior to any abatement or demolition activities , the contractor will remove all universal waste items inc luding light bulbs , mercury-containing devices , paints , pesticides, etc . These items will be properly packaged and disposed by the contractor. The contractor will provide documentation (waste manifest, bill of I lading , etc.) that the waste was properly disposed. Contractor will disconnect all associated air conditioning units and properly evacuate any remaining refrigerant contained within the units prior to being disconnected. Utilities have been terminated to the sites. Prior to demolition, the contractor will be responsible for verifying that all utilities (i.e. natural gas , telephone , water, etc.) have been disconnected . Contractor will cut and cap all site utilities at point of connection to the site . 2.3.4 . Site Work All structures will be abated of all ACM and will be demolished removing all slabs/foundations, utility infrastructure and grading of the parcel to properly manage storm water . Prior to the start of abatement and demolition of any structure , each structure shall be inspected to ensure the safety of the crew . 2-5 Demolition activities will i nclude the demolition of all site structures , and slabs/foundations . Streets , drives, and curbs will remain in place . All demolition debris will be removed from the site and recycled or disposed in a landfill accepting such waste. A ll foundations will be removed down to a minimum of 2 feet below grade . If foundations/piers extend beyond 2 feet below grade, they may be severed at that po int and left in place . Contractor shall clean and remove all remaining furniture , household furnishings , building materials, tires , debris , trash, rubbish and any other solid waste from the premises. These materials shall be recycled , reclaimed or disposed at a facility or landfill that is approved to accept such waste. Demolition activities will be performed in accordance with Federal, State and local visible emission requirements (i.e. no visible emissions will leave the demolition area). Water is available in the vicinity of the construction area . The work area will be maintained in a manner that will control all demolition debris from becoming windblown and/or migrating from the work area during and after working hours . Upon completion of the demolition work , the Contractor will obtain a final inspection on the wrecking permit from the Building Inspection Division in the Development Department. (call 2222 to verify) Upon completion of the entire project, contractor shall sweep dirt and debris from the haul routes used to ensure any sediment tracked from the site is collected . 2-6 2.4. Cost The undersigned hereby proposes to furnish the equipment, labor materials, superintendence , and any other items or services necessary to complete the scope of services detailed in this Solicitation . Bids shall be firm priced offers unless otherwise specified. In the event of a discrepancy between unit price and extended price , the unit price shall govern. I I ASBESTOS ABATEMENT AND REMOVAL SUBTOTAL $ 4,696.00 *Quantities identified in this Bid Package are estimated by the building owner and/or his designee ; the Contractor i~ responsible for verifying all quantities. Contractors submitting Bids shall rely exclusively and solely upon their ow~ estimates , investigation , research , tests, and other data, which are necessary for full and complete information upon which the Bid is to be based . It is mutually agreed that the submission of a Bid is prima-facie evidence that th ~ Contractor has made the investigations , examinations , and tests herein required . I DEMOLITION SUBTOTAL $ 11,515. oo \ **Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed . The only exception is if the Contractor can clearly show why the variation was not identifiable prior to job commencement. ABATEMENT & DEMOLITION GRAND TOTAL $16,211.00 2-7 Contractor shall complete all phases of work to achieve substantial completion within 120 calendar days of receipt of notice to proceed per project. CONTRACTOR : ~~ Bradley J Garrett Name Owner Title Garrett Excavation & Demolition Company 6/25/2009 Date 2-8 2.5. Contractor Information and Qualifications \ Bidder shall submit the following items proving they are duly qualified and capable to fulfi ll and abide by the requirements listed herein . The documents listed below shall be included in this b id submittal, in the same order as listed , following this page , bound within th J response. 2.5.1 . Bidder shall provide company information including its company name , address1 telephone number(s}, ema il address and FAX number(s) for the local office as well as the headquarters. \ 2 .5.2. Bidder shall attach an up-to-date and concise copy of its current Statement of Qualifications. \ Licenses and Certifications: Provide copies of necessary company licenses an l certifications required to complete project. • Bidder shall prov ide applicable asbestos-related licenses. 2.5.3. Bidder shall provide necessary company licenses and certifications required td\ complete the project: .. 2 .5.4 . • current Texas Sales/Use Tax Certificate • current Certificate of Good Standing (Texas Secretary of States' office) l Bidder shall provide at least four project references similar in scope and size to tha t of this Solicitation. Each pro ject references shall include the following information : • Company's Name • Name and Title of Contact/Project • Email , Phone, and Address of Contact • Contract/Project Value • Brief Description of Service Provided 2 .5.5. Bidder shall complete a staff matrix including the following information detailing the provider's personnel , their qualifications, and years of experience for staff that will be providing services associated with this Solicitation . • Position title and job function as associated with this contract, (President, Vice President, Project Managers, Technical Managers, Field Supervisors, etc.) • Name • Tasks to be performed in association with this contract • Certifications/Licenses • Total Years Experience • Length of employment with your company 2-9 ••-mtt1 Primary Contact: Bradley Garrett Owner / Operator Garrett Excavation & Demolition 312 Faith Ct. Burleson, TX 76028 Cell : (817) 999-5246 Office : (817) 426-0082 Fax : (817) 426-2307 Excavation & Demolition CONT ACT INFORMATION Secondary Contact: April Collmar Office Manager Garrett Excavation & Demolition 312 Faith Ct. Burleson, TX 76028 Cell : (817) 269-7212 Phone :(817)426-0082 Fax: (817) 426-2307 Email : garrett demolitio n@sbcgloba l.n et Email : garrett demolition@ sbcglobal.net IJ AI.A Document A305"' -1986 Contractor's Qualification Statement I This form is approved and recommended by the American Institute of Architects (AlA) and The Associated o J eral Contractors of America (AOC) for use in evaluating the qualifications of contrac1ors . No endorsement of lhe submitting party or verification of the informa ti on is made by AIA or AOC. The Undersigned certifies under oath that the i nformation provided herein is true and sufficiently complete so a s not Lo be misleading . SUBMITTED TO : ADDRESS : SUBMITTED BY : Bradley J Garrett NAME : Garrett Excavation & Demolition ADDRESS: 312 Faith Ct ., Burleson, TX 76028 Office : 817 -426-0082 Fax: 817-426 -2307 PRINCIPAL OFFICE: Same As Above NAME OF PROJECT (if applicable): Master TYPE OF WORK. (file separate form for each Classification of Work): D General Construction D HVAC D Plumbing D Electrical Other (please specify) Demol i t i on / Excavation § 1. ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? 10 Pai1nersl ip [QJ Individual CQ!:J Joint Venture [Q} Other § 1.2 How many years has your organization been in business under ils present business name? 3 § 1.2.1 Under what other or former names has your organization operated? Brad Garrett § 1.3 If your organization is a corporation, answer the following: N / A § 1.3.1 Date of incorporation : § 1.3.2 State of incorporation: § 1.3.3 President 's name: § 1.3.4 Vice-president's name(s) AiA Document A305"" -1986. Copyright C 1964 , 1969. 1979 and 1986 by The American Institute ol Architects. AU rights resorvOd. WARNING : This AIA0 Document is protected by U.S. Copyright Law and lntematlonal Treaties. Unauthorized reproduction or distribution of this A.IA• Oocumont, or any portion of It, may result In severe clvll and crlmlnal ~nalliea, and wUI be prosecuted to the maximum extent posslble under the law . Tris document was produced by AIA software al 14 :57 :12 on 05/07/2004 under Order No.1000097366_1 which expires on 218/2005 , and is nol for resa le. User Notes : (324 607968) 1 § 1.3.5 Secretary's name: § 1.3.6 Treasurer's name: § 1.4 If your organizalion is a partnership, answel' the following : N / A § 1.4.1 Date of organization: § 1.4.2 Type of partnership (if applicable): § 1.4.3 Name(s) of general partner(s) § 1.5 If your organization is individually owned, answer the following : § 1 .5.1 Date of organization: 6 / O 6 §1.5.2Nameofowner: Bradley J Garrett § 1.6 If the form of your organization is other than those listed above, describe it and name the principal s : N/A § 2. LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business , and indicate registration or license numbers, if app li cable. State of Texas Demolition, site clearing, pad prep , grading, excavation § 2.2 List juri sdictions in which your o rganiw ti on's partnership or trade name is filed. Johnson County § 3. EXPERIENCE § 3.1 List the categories of work that you r o r ga nization normally performs with ils own for ces . Demolition & Excavation § 3.2 Claims and Suits. (If the answer to any of the questions below is yes , please auach details .) § 3.2.1 Has your organization ever fa i led lo complete any work awarded 10 it? No § 3.2 .2 Are there any judgments, cl aim s, arbitration proceed ings or suits pending or outstanding against your organization or its officers ? No § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within tJ1e last five ye ars? No § 3.3 Within the last five years , has any offic er or principal of your orga nization ever been nn officer or principa l of another organization when it failed lo complete a construction contract? (If the answer is yes . please attach detai1 1s .) No At A Oocumtnt A305N -18116. Copyright O 1964 , t 969 , 1979 and 1966 by The Amellean loslltute ot Architects . All rights reserved. WARNING: This AIA• Document Is protected by U.S. Copyright Law end lnternallonal Treaties. Unauthorized reproduction or distribution of this AIA • Oo bument or any portion ol lt, may reaull In severe civil and crlmlnal p,naltlea, and wlll be pro .. cuted to the maximum extent poHlble under the law . !This ' document was produced by AIA software at 14:57:12 on 05/07/2004 under Ordel No .1000097366_1 which expires on 2/8/2005, and is not tor resal ~. User Notes: {32~ 1607968 ) I 2 § 3.4 On a separate sheet, list major constrnclion projects your or ganization has in progress, giving the name of projecl, owner, architect, contract amount, percent complete and scheduled completion date . See attachment § 3.4 .1 State total worth of work in progress and under contract: $651,921.09 § 3.5 On a separate sheet, list the major p rojects your orgunizal ion has completed in the past five years, givi n g !lie name of project, owner, archjtect, contract amo unt, date of completion and percentage of the cost of the work performed with you r own forces . See attachment § 3.5.1 State average annual amoun t o f construction work performed du r ing the past five years: § 3.6 On a separate sheet, list the construclion e xperience and present commitments of the key ind i vidu a ls o f your organization . § 4. REFERENCES § 4.1 Trade References: see attachment § 4.2 Bank References: See attachmen t § 4.3 Surety: § 4.3 .1 Name of bonding company: CNA Surety § 4.3 .2 Name and address of agent : Harmon Insurance Agency § 5. FINANCING § 5.1 Financial Statement. 250 NW Tarrant Ave., Suite A Burleson, TX 76028 § 5.1.1 Attach a financial statement, p referably audited , including your organization's latest balance sheet and income statement showing the fo llowing items: [ Current Assets (e .g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inve ntory and prepaid expenses): Net Fixed Assets : Other Assets ; Avai l ab l e upon written request ********************* *************************** Current Liabililies (e.g ., accou n ts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); AIA Document A305"' -1Hf, Copyright O 1904 , 1969, 1979 and 1966 by The American lnstilule of Architects. All rlghls ro,erved. WARNINO: This AIA• Document Is protected by U.S. Copyright Law and lntern1Uonal Treaties. Uneuthorized reproduction or dlllrlbulion of this AIA• Document, or any portion of It , may result in sev1re civil and criminal pen11tlt1, and wlll bt prosecuted to th• maximum exlent possible under the law .j This document was produced by AIA software al 14:57:12 on 05 /07/2004 under Order No.1000097366_ 1 which expires on 2/8/2005, and is not tor res111e . User Notes: (3241607968) 3 pBRlElMiiJI WORK IN PROGRESS SCHEDULE Contract Descr iption Total Contract Price Total Billed To Total Costs To Date Est Costs To Complete Estimated Gross Estimated Date Remaining Profit Completion Date City of Denton -Annual Demolition $200,000.00 $46,920.18 $20,052.00 $59,948 .00 $120,000.00 Feb-10 Contract Jed Marash / Sonterra Apartments $175 ,000.00 $0.00 $0.00 $90,000.00 $85,000.00 Aug-09 Demolition Basden Steel / Office Addition $24,000.00 $18,845 .00 $7,000.00 $1,000.00 $16,000.00 May-09 Excavating & site work Charter Builders & BISD / Academy $96,770.49 $91,931 .97 $53,500.00 $900.00 $42,370.49 Jun-09 at Nola Dunn City of Arlington Shady Valley $156 ,150.60 $59,544 .00 $46,000.00 $18,000.00 $92 ,150.60 Jun-09 Abatement & Demo Totals $651,921.09 $217,241.15 $126,552.00 $169,848.00 $355,521.09 BUSINESS & TRADE REFERENCES: B&G Commercial Investments, LP PO Box 337 Burleson, TX 76097 Rocky Bransom Owner 817-295-2872 Arnold Crushed Stone Circle 1104 Blm Cleburne, TX 76031 Mike Arnold Owner 817-228-8977 Basden Steel Bruce Basden 817-295-4375 Owner The City of Cleburne Theresa Richardson 817-645-0958 Purchasing Agent Texas Department of Transportation John Martin 817-370-6662 Purchasing Agent Garrett Excavation & Demont;on 312 Faith Ct Burleson, TX 76028 817-426-0082 office 817-426-2307 \fax 817-999-5246 cell garrett_demolition@sbcglobal.net I I I Mansfield ISD 203 Hilcrest Mansfield, TX 76063 Jeff Brogden Contract Manager 817-299-4340 The City of Wichita Falls Peggy Gahagan PO Box 1431 Wichita Falls, TX 76307 940-761-7466 Fort Worth C&D Landfill PO Box 650470 Dallas, TX 75265 817-516-7777 Cain Fence Company 973 Metromedia Place Dallas, TX 75247 972-870-0200 Fincher & Rambo Materials PO Box 602 Burleson, TX 76097 817-483-2800 BANKING REFERENCES James R. Luttrell Banking Center President -Hulen Southwest Bank 3340 Camp Bowie Blvd . Fort Worth TX 76107 Phone: (817) 292-8337 ext. 2840 Fax: (817) 763-9908 PROJECTS COMPLETED: B&G Commercial Investments, LP PO Box 337 Burleson, TX 76097 Rocky Bransom Owner 817-295-2872 Renfro Phase 1-11 Project start date: 4/2006 Project end date: 2/2008 Garrett Excavation & Demolitien 312 Faith Ct Burleson, TX 76028 817-426-0082 o~ce 817-426-2307 rax 817-999-5246 cell garrett_demolition@sbcglobal.1et Demolition and removal of gas station, removal of fuel tanks, hoses, underground fuel \ lines, concrete foundation, parking lot, pump station canopy & trees. Excavate hole for adding fuel/ fume solvent additive, backfill, level and grade. Provide final soil test report. Demolition and removal of house, car lot, parking lots, warehouse, and road. Site prep and grading. Value: $67,780.00 Arnold Crushed Stone Circle 1104 Blm Cleburne, TX 76031 Mike Arnold Owner 817-228-8977 CR 1020 House & Sheds demo. Project start date: 12/2007 Project end date: 12/2007 Demolition and removal of house and sheds. Remove concrete beams, footings, porches and walkways. Excavate & remove underground plumbing pipes. Remove stone wall, relocate and stockpile stone. Final clean and dress up site. Value: $7,000.00 t I Mansfield ISD 203 Hilcrest Mansfield, TX 76063 Jeff Brogden Contract Manager 817-299-4340 Project Start Date: 11/2008 Project End Date: 12/2008 I Demolition and disposal of 2 residential structures, foundations and out houses. Removal and disposal of all trash and rubbish. Excavate underground pool and backfi p. Final site clean and grade. Value: $24,370.00 The City of Wichita Falls Peggy Gahagan PO Box 1431 Wichita Falls, TX 76307 940-761-7466 Project Start Date: 10/2008 Project End Date: 11/2008 Demolition and disposal of dilapidated residential and commercial structures. clean. Value: $15,711.00 Realty Capital Corporation Jimmy Archie Telephone: (817) 488-4200 Final siti Demolition and disposal of structures located at 5224, 5228 & 5232 Colleyville Blvd . Removal and disposal of trees. Grading and dirt work. Project start date: 9/2008 Project end date: 12/2008 Value: $61,900.00 Holy Cross Christian Academy 1233 Tarver Rd. Burleson, TX 76028 Telephone: (817) 295-7232 General excavating & pad prep for soccer field and basketball court. Project start date: 7 /2008 Project end date: 8/2008 Value: $12,750.00 Charter Builders, LTD. / BISD 1336 SW Hillside Dr Burleson, TX 76028 Ben Whitman (817) 447-6050 Demolition of The Academy at Nola Dunn Project start date: 3/2009 Project end date: 5/2009 Value: $96,770.00 Total Abatement Systems, Corp 6142 State Hwy. 276 Royse City, TX 75067 Gary Sharp (972) 771-6919 Demolition of TX A&M Commerce T-Lounge Project start date: 4/2009 Project end date: 5/2009 Value: $17,000 City of Garland Rudy Vazquez / Contract Manager 2722 Bobtown Abatement and demolition of structure. Project start date: 2/2009 Project end date: 3/2009 Estimated Value: $15,000.00 B&G Commercial Investments Rocky Bransom 817-295-2872 Demolition of residential structure on Renfro Site clean, grading and hydro-mulch at Scott St Estimated project start date: 2/2009 Estimated project end date: 3/2009 Estimated value: $19,384.00 Staff Qualifications: OVERVIEW Garrett Excavation & Demolition 312 Faith Ct Burleson, TX 76q2s 817-426-0082 office 817-426-2307 fax garrett_demolition@sbcglobal.t et I Garrett Excavation and Demolition is an individually owned and operated firm . We are active members of the National Demolition Association. Our company provides the benefit of a stable environment with exceptional control over worktlow processes. Garrett Excavation and Demolition has a strong history of success meeting and exceeding customer needs while maintaining the highest possible standards for safety and quality. We possess strong management skills, exemplary employees, and a clear understanding of the project goals . Employees are provided with demolition safety training beginning with initial sessions to familiarize them with company goals and objectives and job specific duties and continuing throughout their tenure w ith ongoing safety and quality training. Garrett Excavation and Demolition provides excellent service, superior management and client satisfaction at a reasonable cost. This is done while achieving and maintaining leadership as a provider of demolition services through technical competence and professional integrity. Striving to become our customers' one-stop shop for their demolition needs is our top priority . More th J n dollars and cents, we are interested in forming enduring partnerships with our clients . STATEMENT OF QUALIFICATIONS Garrett Excavation and Demolition is an individually owned and operated firm that has been serving the demolition and construct ion industry for over l O years . Garrett Excavation and Demolition is also an active member of the National Demolition Association . The management and personnel combine to have over 20 years of experience in the demolition and construction industry. Our employees receive up-to-date training on safety procedures and demolition techniques. Fo rt Worth Alliance Noise Mitigation Project DEM 09-08 : Alliance Key Personnel Key Personnel Title / Position Bradley Garrett Owner/ Operator/ Site Supervisor/ Equipment Operator Hunter Shelly Job site Foreman/ Truck Driver/ Equipment Operator Martin Espinosa Equipment Operator -'-~ Connie Bowen Truck Driver April Collmar Office/ Operations Manager Marjoe Crowell Project Coordinator/ Director of Marketi ng ~ Demolition · Excavation Duties Employment Information Oversees all employees, monitors Owner project guidelines and deadlines. Operates equipment: excavators, front-end loaders, bulldozers, skid steers, blades, backhoes, track hoes, I pad foot rollers, and trucks . Assist Site Supervisor in day to day Employment date 1/2009 operations and helps t o ma i ntain clean and safe project site. Operates I equipment: excavators, front-end loaders, bulldozers, skid steers, blades, backhoes, track hoes , pad foo t rollers, and trucks. Trained in First Aid and CPR, has Class A CDL Assist Site Supervisor and Site Employment date 6/2004 Foreman in day to day operations and helps to maintain clean and safe project site . Opera t es equipment: I excavators, front-end loaders , bulldozers, skid st eers, blades, backhoes, track hoes, and pad foot rollers . Assist Site Supervisor and Site Employment date 1/2009 Foreman i n day to day operations and helps maintain clean and safe project site . Has Class A CDL. Operates equipment: Trucks . Office Manager, Project Coordinator, Employment date 1/2004 and Human Resources Specialist. Her duties include project estimating, payroll, accounts receivable , accounts payab le, contract and document preparation, coordinating, record and book keeping . Her duties include project Employment date ll/2006 coordination and scheduling, obtain i ng necessary permits, assists with I estimating , marketing and contract and document preparation . • 2.6. Contractor Submittals Bidder shall submit the following items included in this bid submittal, in the same order as listed, following this page, bound within the response . 2.6 .1. Project Schedule : Contractors shall provide a project schedule that includes all major tasks pursuant to the Scope of Work and Specifications . The project schedule shall show all tasks in the left most column and their duration shall be plotted horizontally versus time . A time scale shall be selected so that the complete duration of the project can be shown on paper with a maximum dimension of 11" high by 17" wide. The project schedule must be submitted with the bid . During the term of the contract the Contractor shall submit monthly project schedules showing planned work and actual work accomplished. 2 .6.2 . Schedule of Values : Progress Payments will only be made after completion of those tasks and/or subtasks identified on the Project Schedule and Schedule of Payments. Progress Payments will be made during the project no more frequently than once per month . A payment schedule must be submitted with the Bid showing the name of each task and/or subtask, the name of the deliverable document for each task and/or subtask, total task and/or subtask cost, planned payment dates for each task and/or subtask, and the amount that would be remaining in the contract account. Upon receipt of final project completion documentation , final project payments will be approved . Final payments will not be approved until project completion documentation has been submitted to and approved by the City of Fort Worth . 2 .6.3 . Provide a sample invoice and sample project closeout documentation . 2 .6.4 . Provide an organization chart that details the communication channels between the Contractor and City of Fort Worth personnel for this contract. 2-10 Asbestos Abatement and Demolition of Structures for New Fire Station #5 DEM 09 -10 : FS #5 MT F. 1.1 Abatement Mobilization 1 7/20/09 7/20/09, ! , 1.2 Abatement 3 7/21/09 7 /23/09 r---I , 1.3 Abatement Demobilization 1 7/24/09 7/24/091 I , Demolition Mobilization 7/27/09 . I 2.1 1 7/27/09j . . , J-L----------1 2.2 Demolition 2 7/27/09 7/31/09j J.-----------------l--1 2.3 Level , Final site clean & Grade 1 8/3/09 8/3/09j , ! I 2.7 Demolition Demobilization 1 8/3/09 8/3/09' , City of Fort Worth Asbestos Abatement and Demolition of Structures for New Fire Station #5 DEM 09-10: FS #5 Payment Application Period Ending Original Contract Amount: $ CONTRAGl'OR: GARREff--EXCA-VA-t'l6N-8dlEMOl:fflON, 312-FAITH-COtJRT;-BURLESON, TX 760-2-8 Prior Completed Completed Un it $Amount $Amount Item Description Unit Completion This Period To Date % Price This Period To Date Payment Application # 1.0000 Asbestos Abatement LS 0 .00 0 .00 0 .00 0.00 4696.00 0 .00 0 .00 2 .0000 Demolition / Site Clean I Grading LS 0 .00 0 .00 0 .00 0.00 10 7 15.00 0 .00 0 .00 Payment Application Totals 0 .00 0.00 0.00 0.00 Current Payment Due: $0 .00 CONTRACTOR'S CERTIFICATION Quantity Contract Total 1.00 $4,696.00 1.00 $1 1,515 .00 $16,211 .00 I hereby certify that the work for which this application is being submitted has been performed or is scheduled to NOTARY CERTIFICATION be performed on or before the period ending date. I further certify that th is work is in accordance with contract State of: County of: documents. On this day of 20 before me this application is hereby certified . Notary: Brad ley J Garrett Date My Commission expires on: -'- I ..... ln~oice Excavation a Demolition 312 Faith Ct Burleson, TX 76028 TX Vendor ID 13837577330-000 Bill To City of Fort Worth Environmental Management Dept. I 000 Throckmorton Fort Worth, TX 76102 Quantity Item Code I Abatement I Demolition Thank you for your consideration. Phone# Fax# Office 817-426-0082 817-426-2307 Date Invoice# 6/11/2009 SAMPLE Ship To City of Fort Worth Environmental Management Dept. 1000 Throckmorton Fort Worth, TX 76102 P .O . Number Terms Ship P foject DEM 09-10 : FS #5 SA. .. Net 30 6/11/2009 SAMPLE Invoice Description Price Each Ar\i ount Asbestos Abatement 0.00 0.00 Demolition/ Site C lean/ Grading 0 .00 I 0 .00 I Total $0.00 Payments/Credits I $0.00 Balance Due $0 .00 E-mail P . I ayments not received by 30 days of Invoice date may be subject 16 finance garrett _ demo I ition@sbcglobal .net charges. Organization Chart 2009 Brad Garrett Owner/ Site Contact regarding: Office 817-426-0082 Supervisor Contract changes, Construction/ job site related Cell 817-999-5246 issues, Scheduling/ Project coordination, Project guidelines and deadlines, Safety and compliance. April Collmar Office I Operations Contact regarding: Office 817-426-0082 Manager Human resources, Payroll, Contract documents Cell 817-269-7212 administration, Accounts receivable, Accounts Payable, Records and Book keeping Hunter Shelly Site Supervisor Contact regarding : Office 817-426-0082 When Owner is not available: Job site related Cell 817-846-1923 issues, project guidelines and deadlines, safety and compliance. 2.7.Subcontractors Information and Qualifications Complete the following table listing each subcont ractor and their proposed task associated with this contract. Subcontractor's Name Prop_osed Task " Total Abatement Asbestos Abatement Systems Corp B&B Waste Transit Wa ste Haul off 11 If subcontractors are to be utilized , the following information should be subm itted for EACH subcontractor. (Th is section must be completed in addition to the required MWBE documentation in Section 2.9.) 2.7 .1. Subcontractor's company name , address , email address , telephone number(s), and FAX number(s) for the local office as well as the headquarters . 2.7 .2. Subcontractors current Statements of Qua li fications . 2.7.3. Matrix including the following information detailing the subcontractor's personnel , their qualifications, and years of experience . • Position title and job function as associated with th is contract , (President, Vice President, Project Managers, Techn ica l Managers, Field Supervisors; etc . .) • Name • Tasks to be performed in association w ith this contract • Certifications/Licenses • Total Years Experience 2-11 I 06/10/2009 14:Lt:I ':I IL Ill bt:l:l!J IA~\..U THE AMERICAN INSTITUTE OF ARCHITECTS AJA Docume,it A305 Contractor's Qualification Statement 1986 EDITION r Ho~ UL I L ...J This form is approved and recommended by The American Institute of Architects (A/A) and the Associated General Contractors of America (AGC) for use i11 evaluating the qualif,catio,is of contraclors. No endorsement of the submitting party or verification of the information is made by the AJA or AGC. Th.e Undersigned certifies under oath that the infonnation provided herein is true and sufficiently complete so as not to be misleading. CITY OF FORT WORTH SUBMITIED TO: DEPARTMENT OF ENVlRONMENTAL MANAGEMENT ADDRESS: 1000 THROCKMORTON STREET FORT WORTH, TEXAS SUBMITTED BY: NAME : ADDRESS: Gary W. Sharp Total Abatement Systems Corp 6142 State Hwy 276 Corporation Partnership Individual @ D D Royse City Texas 75189 www.tascodemo,com Joint Venture D • PRINCIPAL OFFICE: Same As Above NAME OF PROJECT (if applicable): TYPE OF WORK (file separate fonn for each Classification of Work): General Construction HV AC --------Plumbing Electrical XX Other: Asbestos Abatement, Demolition-lnterior-~52lectiye-Structural-Historical Copyright 1964, 1969, 1979, c 1986 by The American Institute of 1\J'chlteclS, 1735 New Yortc Aven11e, N.W., W115hingu,n, D.C. 200006 . Rqirodu~ion of the material herein or 11ub,tllllll,I qoot,tlOII of it, provl,lons without written permission nflhc AIA violatc.s the copyrithl law, of the United States and will he subject to legal prosecution. AIA DOCUMENT AlOS / CONTRACTOR."S QUAUfJCATION StATEMmll / 1916 EDmON / AJA/ 1916 THE AMl!JI.ICAN INSTTTUTc OF ARCHITECTS, I 735 NEW YOJU< AVENU!. N. W •• WASHINGTON. D.C. 20006 A305-1986 1 WARNING: Ul'lllc1n11d photocopying v1011dt1 U.S. copy..lghl Jaws •nd It subJec:t to 11911 proseeutlon. 06/10/2009 14:28 9727716825 TASCO 1. ORGANIZATION 1.1 How many years has your organ.i:r..ation been in business as a contractor? Twenty (20) Years J..2 How many years has your organjzation been ih business under its present name? Twenty (20) Years l .2.1 Under what other or fonner names has your organization operated? Total Abatement Systems Corp "TASCO" "TASCO" Demolition 1.3 If your organization is a corporation, answer the following: 1.3.l 1.3 .2 1.3 .3 1.3.4 1.3.5 1.3.6 Date of incorporation: State of incorporation: President's Name : V .P. / Marketing Name: Secretary's name: Treasurer's name : July 02, 1988 Texas Gary W. Sharp Jack 0. Morrow Kim M. Carnes Gary W. Sharp 1.4 If your organization is a partnersh ip, answer the following : N/A 1.5 If your organiz.ation is individua11y owned~ answer the following : NIA PAGE 03 /2 5 A1A DOCUMENT A30.5 / CONTllA.CTOR'S QUALIFtCATION STAT!t.<ENT I 1916 EOmON / AJA I 1916 M AMEIUCAN INSTlruT6 OF MClnTEC'TS, 11JS NEW YOU A VENUE , N.W., WASHINGTON, D.C. 20006 A305-1986 2 WARNING: Unncen1111!d phofoeop)'tng vlolltts U.S . copyrl9hl laws Ind IS subject tQ lt91I prosecution. ':I ( ~ ( ( .L btj:.£:::) l~W PAGE 04 /2 5 I .6 If the form of your organization is other than those listed above, describe it and name the principals: NIA 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. Texas 2.2 List Jurisdictions in which your organization's partnership or trade name is filed . 1. City of Dallas 2. State of Texas 3 . City of Arlington 3. EXPERIENCE 3 .1 List the categories of work that your organiz.ation normally perfonns with its own forces . Asbestos Abatement, Selective, Interior, Structural and Historical Demolition. Renovations to include only those items affected as a result of asbestos. 3.2 Claims and Suits. ( lfthc answer to any of the questions below js yes, pl.ease attach details.) 3 .2.1 Has your organization ever failed to complete any work awarded to it? NO 3.2 .2 Are there any judgments, claims, arbitration proceedings or suite pending or outstanding against your organization or its officers? NO 3.2.3 Has your organintion filed any law suits or requested arbitration with regard to construction contracts within the last five years? NO 5.1 Within the last five years, has any officer or principal of your organiiation ever been an officer or principal of another organization when it failed to complete a construction contract? (if the answer is yes, plea~ attach detail~.) · NO AJA DOCUMENT A305 I CONTR.I\CTOR'SQUAUflChTIONS1ATEMEITTI 1!116E01TION / AIA/ 1916 TIIEAMERICI\N INSTmITE OF A.1l.CHITBCT$, 17JS HEW YOllK A WN\Ji, N.W., WASHINOTON, O.C. 20006 A305-1986 3 WARNING: Unllcena9d phDCpcop,t,,g vlofalH U.S. cc,pyrtght IIW9 and 1, subjact to leval proaeeutlon. 06/10/2009 14:28 9727716825 TASCO PAGE 05/25 4. 3.4 On a separate sheet, list the major construction projects your organization has in progress, giving the name of the project, owner, architect, contract amount, percent complete, and scheduled completion date. 3 .4.1 State the total worth of work in progress and under contract: *****•••*********** 3.5 On a separate sheet, list the major projects your organit.ation has completed in the past five years, giving the name of the project, owner, architect. contract amount, date of completion and percentage of the cost of work perfonncd by youf own forces. 5 .1.3 State the average annual amount of construction work performed during the past five years: $ 6,000,000.00 3.6 On a separate sheet, list the construction cx.perience aod present commitments of the key individuals of your organimtion. REFERENCES 4.1 Trade References: 4.2 Bank References: 4.3 . Surety: Abacus Environmental-Mr. Mark Melnitchenko .. 214-363-0099 MEDCO -Mr. Gary Holmes-214-820-4282 Abatix-Mr. Que Edwards-214-538-5642 Professional Bank 618 Clara Barton, Suite 5 Garland, Texas 75042 Mr. Chris Williams Tel: 972-489-1355 4.3.l 5.1.3 Name of bonding company: Baldwin Insurance & Bonding Agency, Inc Mr. Brady Cox Name and address of agent: 1201 Kas Drive Suite B Richardson, TX 75081 Tel: 469-682-7239 AIA DOCUMEKT A305 / comiv.CTOR'S QUALIJl1.CATIOtl STAT!MENT / J9SG ~mON I Al.Al 1916 tHE AMERICAN INSTITUTE OF A~CHrra;t'S. Im N~ YOU A VINUB, N.W., WASklNOTOtl, D.C. 20006 A305-1986 4 WARNING: Un11c81111d pno(OCopJ!ng vlolatw U.S. copyrtgllt laws and 11 •\lbjoG\ to llgll prosecution. 06/10/2009 14:28 9727716825 TASCO t-'A l.;at. t:Jb / L O 5. FINANCING 5.1 Financial StatemenL 5.1 .1 Attach a financial statement, preferab)y audited, including your organization's latest balance sheet and income statement showing the following items : CurrentAsscu (e .g., cash,joint venture accounts, accounts receivable, notes receivable. accrued income, deposits, and materials inventory); Net Fixed Assets ; Other Assets ; CuITCnt Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e .g., capital, stock, authorized outstanding shares par values , earned surplus and retained earnings). 5.1 .2 Name and address of finn preparing attached financial statement, and the date thereof: 5.1.3 Is the attached financial statement for the identical organization named on page one? ******·········· 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided {e .g., parent-subsidiary). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? Yes AIA DOCUMENT A305 I COllTMCTOR'S QUALlf'lCATION lil'ATBMEm' I 1916 SDfflON I hJA I 1916 1liE AMlilllCN4 INSTmJTE OF AllOflTECTS , 173J ?reW YORK AVENUE, N.W., WMHJNOTON, D.C. 20006 A305·19B6 5 WARNING : Unllce11ttc1 photocoprlng Ylolatn U.S. coPYJ1ght INI and l11ubjact to 11911 prosKUtlon. 06/10/2009 14:28 6. Signature 9727716825 TASCO 6.1 Dated at 2:00 pm this 19th day of January, 2009. Name of Organi?Btion: Total Abatement Systems Cotp rf;vit01P By: Gary W. Sharp Title: President 6.2 PAGE 07/25 Mr. Gary W. S.b!m being duly sworn deposes and says that the infonnation provided herein is true and sufficiently complete so~ not to be misleading. Subscribed and sworn before me this 12th day of January, 2009. ,& Ca11.ru.J'J Notary Public: Kim Carnes My Commission Expires: 02-22-2012 •''""~ KIM CARNES /~~~··''t~-i\ Notary f>Ulllc, Stet• of Te11111 ~ , : ~ My CQrnmssion f,pires \"~ ... ,-S.!lj FtbN""" 22, 2Dl 2 . ~ .. ~t..~ -· J Al>.OOCUMEMTA306 I CONTRACTO~'SQVl\\,JflCATlONSTATEMF.NT/ l"'EOmON/ AJA/ 19H mE AMERICAN IN$Tl'T\)TE OP ARCHJTliCTS, mnraw YORJC.AVENUi, N.W .. WASHINGiON. D.C. 20006 A305•1986 6 WARNING: Unllctnatld pholDcopylng •lol•tati u.s. 1:Qpyrlgllt 1.w, ,nd Is IUbjtc:t ta legal proHCutlon. ':I f"L Ill btl~5 ·4t WmdowonStareGovernment * TASCO PA dE 08/25 Page 1 of 1 T~xable Eo.titY_Search Result_s Franchise Tax Certification of Account Status This Certification Not Sufficient for Filings with Secretary of State I Do not include a certificate from th is Web site as part of a filing with the Secretary of State for dissolution, merger, withdrawal, or conversion . The Secretary of State will reject a flllng that uses the certification from this site. To obtain a certificate that Is sufficient for dissolution, merger, or conversion, see Publication 98-336d, ~Yir.e_oo~o.ts_.J:.Q Dissolve, M~cge or Convert c,_"(~l;C~.s ... Entity. L . Certifi~tion of ~cCOU:nt Statu,s ·w .J L . Officers AndJlire9t9~ li,fo~mati03~ •• . ,] Entity Information: TOTAL ABATEMENT SYSTE~IS, CORP. Status : Registered Agent: Registered. Agent Resignation Date : State of Formation: File Number: SOS Registration Date: Taxpayer Ntunber: 6142 STATE HIGHWAY 276 ROYSE CITY, TX 75189-5754 TEMPORARY GOOD STANDING through July 14, 2009 GARYWSHARP 6142 HIGHWAY 276 ROYSE CITY, TX 75189 TX 0108203900 July 1, 1988 17522354764 Tel<as Online I Statewide Search from the Texas State Library I State Link Policy I Texas Hom J 1 1and Security Susan Combs, Texas Comptroller • Window on State Government • Contact Us \ Privacy and Security Policy I Accesslblllty Policy I Link Policy I Public Information Act I Compact with Texans ht:tp://ecpa .cpa.state.tx.us/coa/servlet/cpa.app.coa.CoaGetTp?Pg=tpid&Search Nm•total%... 6/1 nnnno 9727716825 TASCO PAGE 09/25 Page 1\ ot' l ·9 WindowonStateGovernment Susan Combs Tt!QS Compttclfer «Public hx.ollnts * . . .Certification of Franchise Tax AccoJ.J...n..LStalus TOTAL ABATEMENT SYSTEMS, CORP. had a recent filing deadline and as of this date, June 10, 2009, the taxable entity's account status has not yet been U?dated. Account statuses are updated within 60 day, after the filing deadline. The account status for this taxable entity will be updated no later than the status date shown on the Certificate of Account Status page. Please try back later. Our apologi€s for any inconvenience this may cause . I Texas Online I Statewide Search from the Texas State Library I State Link Policy I Texas Homeland Security Susan Combs, Texas Comptroller • Window on State Government • Contact Us \ Privacy and Security Policy I Accesslblllty Polley I Link Polley I Public Information Act I Compa \ct with Texans http:/ /ecpa.cpa. state. tx. us/coa/servlet/cpa.app. coa. CoaLetter 6/10/2009 ':l l"L I /lbt:l"L.::> TA5CO PAGE 10/25 @"g~~4111n TEXAS SALES AND USE TAX PERMIT I This permit is not transf9rable, and this side must be ,xominently displayed in your place of busi~ss. · I Location n 'rOU MAY NEED TO OOLLECT SA.ES NIDPR USE TAX FOR OTHER LOCI¥. TNONO .NJrHORfT/ES DEPEND/NO ON 'rt>UR TYPE or: suJNESS. If you tiave MY qu.-cins r-e~g $Oles tex, yt:N lftay contact ti• Texu SW. ~ola!'1 tlald office -, your•• or 1111111 -I00-252-SSSS. lal he, nlllon'Mlle. The lullln number la !512/403-4000. 06/10/2009 14:28 ACO~O ~ am Lea;ffl sn Fem ion · '7Ult 200 !OU COVEAAUES · 'rot.I """"'•nt S:,.t.m m.2 Sllll Hlgllwly m Royea Clly Tli 7'11IO ':1 l'L I 11 btj'L.~ INSURANCE 1Nlt C9Rff1CAT£1S MIClJCO A$A MA"lT&R OI' ~TION Oftl. Y AND CONF!IIS NO AlaHTI UPOJ,I THI! CER111'1CATf HOLDeR. TtnS CeATFIOAff ~ NOT ..VC,,D, ~ OR Q D I ""1 pcideSOlln11,11ra llk'G lldDW bun· 10 inmwd •flt • M/ liltlllenl. a or eoldl)n r, anv Clll'lnct or oilier lfalMnlnl wil\ ll9Pld la 1Hdi Olis cer11,-. ,-, 111 lltl.o or '"IY 111111~ Ill U""°9 alllsnled bl'N pOlalol dallCllbecl ~In is llllbpet 11t 1l t,-1mm&, ..io1tt 1111d COIIIIIIOl\t o( MIi ~-. """°"' .. .>iOfffl mry hm IMl11 raltiad ., pelCI d•hls. Ollltlt Ur II. EIDII Acadlril EL D11C11e • b e"'*"- EL DIM•-Palcr t,a,\lt 02,criptlon of Optl':ltions/Loeatk,nsNehiclu/Exclu•ions Added by Endonwnent/Spuiat Provision, JOS#ANV AND ALL J08$ ~E'RTIFll;ATt 140\.0ER FOR BIDDING ANO INFORMATION ONLY 1,000.000 '3727716825 TASCO PAGE 12/25 ACORD. CERTJFICATE OF LIABILITY IN-SURANCE OP 10>.W ' W.11~ 'nrl!N,-5 Qtl'>I\IOt -THf8 Cl!RTlFICATE II IMUED MA MATTER OF INFORMATION ONLY AND CONf'eR• NO AIGHTS UPON THE CERTIFlCATI: ··ldwin 1111 l llaodini, "9-ncy HOLDER.. THIS c:ERTll'ICA.ll D0£8 NOT AMEND , ~NO OR 1 u, 11ti1re, Sait• a ALTCA 'l"HB COVERAGE APFORDl!D BY THE PCUC'IES BELOW. "" . 11'1110, "%X 7$0111 Phon•: ,1 2-n4-HH F.l.l(: 97~-&4,-9035 INSURERS AfFOROIHG ~OVERAGE NAIC# ·-I -&I .a-~iou Sdety J~ty -· lroul ~~n~ 111:,,s'*ls cnss . -· ~;' -'11¢• Sia1 tb I U State Hay 27 5 . --yte Cit, !'X ?S189 -· •=.:1--IIC\Gll111Wtm,tma1'M-lllll!DaMB1ill'.NIJ!lllill9..._lnl.......,-. ... ,_ .. ____ ,1111 ___ -.at _____ .. __ ..,, .. ,:.:i_"'_ .. __ ,.. _____________ -"--··-,-tlnMh", ... ._ -= '!!'~ ---... ..... ~, ---I ---. ot~l.-n • 5 000,000 -). 'X _,.. __ ,,.. arvo1112n-n-o :i. 0$/01/01 OS /01/o, PW!bh-·;:., • so .ooo -D-·-0-- __ ,.., __ • 5,000 .!. CPL/1\Sbas tcs JIOL?.QTlOII ~ -· ... -· • S 000.000 ~at-nt --.. • S OOQ 000 -, --. .......... ""'*""' -·--I 5,000 ,Q<JO -i-1x1: ni ... I ..... .t\111\.,. ........... ,JIW -·-I 1,000,000 ---IU_._ 111111.flUllat ---• • -l'lfffl -l\ 'X _.," --·--05/01/D9 OS/01/01 ......... , l ---'ERV016l'JJ•07•01 -~IIWI& ' --"_"'_.., --··"'-• R-Mn· _._ t--' ----• • -"-___ , t 1,000 ,000 A I!]""" o--ZII001G071•07-0Z 0$/01/01 os,01 10, '"""'" , 1,000,000 I I w 8·-' IOfflXIQI r 10,000 I ~ ........... I.!!!'~· I 1·-: , __ "' ,,. __ t ~ .,.. __ lffl-l'I--l'-..... ·" IW\llltt I .,.-~ IL-Oft·-1• I "'"' ___ .... I ..,,..,..•--•uo-,-.u·---··-,-- II I ' CERTIACAT( HOLDER CANCELLATION _, __ "" __ ,.... _____ ,_ __ , ... _____ _ _ ,. ____ WM IIIIP<.Ml'IPJWIO•J014111ll --------·-·----···-.. - ACORD l5 \20D \JOI ) e ACORD C:ORPOIU.TIQN ma . ,-. ... ,-·~ wrC ORD. CERTIFIC~ TE OF LIABILITY INSURANCE OP 10 • :i. / DATE(-Darrrr, 11,..~lt ~SLS1'-1 03/13/09 1 taon Ryan & MBoc. , Inc. THIS CERTIACATE IS 19SUED AS A MATTER OF fNFORMA TI I !laza East, Suite 650 ONLY AND OONFER8 NO RIGffT'S UPON n.e CERTIFlCATI: ON HOlDl!R. THIS CERTIFfCATE DOES NOT AMEND EXTEND OR 'f. Kilboui:n Avenue AL. T£R THI! COVERAGE' AFl'OROED BY THI; Pot:ICIES Slit.OW. WI 53202 ,· 4-271-357S Fax:414-271-0196 INSURERS AFFORDING COVERAGE NAIC# :u IN6'Jlitffl It: Zmmlovara Xna of Wau$au I INS~8; I TSL 'Staff6Leasing Inc ltfSUIIIR c:: I P O Box l 48 INSUR&RIJ: Rockwall 'l'X 7508'7 IH&UftEII I: ~GES IJCIES or INSURANCE llST£0 IIE\.OW HA~ 8'EN ISSUEOTO M INSIJ'IDNM.IEOABOV! FOR fMC POLICV PF.AIOON)IC.4TEO. NOT'MTMSfANDIHO • l!MEHT. Tf!Uil OR a»on~ OF ANY COflRACT OR OMR cocu,tENT WITH RESPeCT TO WNQf 'nlS CERTFICATE IIAY Ill lSStJm OR ' N!l'lT~. Tl'l lNIIUIWCE AffQROfD BY THE POLICIES ~19ED H!~ IS SUBJECT TO All 'IHl lERMS. l!XCLU810NS AHO ~Tl()l,IS 01' SVCM l~.J loS . AGGIIEG'TE UMltS $HO'Mf MAY tl-'VE 811:IN REDUCED 11V PAID C\.AIMS. :1 TYPl OF 1N9URANa POI.ICY NUMBER a&NERAL LMIIUTY -COMMERCIAL GlNiRAL U"81UTY -D Cl.AIMS MACE D OCCUR -...._ -GEi<\. AOOIU!GAfll LIMIT APPllE$ PU: n POUCY n ~f8i n LOC r AUTOMOIIILl'. I.IAIIUTY I - ! mtNJfO ,-.. >.LL OWllEO AUTO$ -r SCH~tlU.EO AVTOS -IIIRED AUTOS -NON,OWt,11;0 AUTOS - j "'l GA~Oli l.llllllm' 'i' R ,HtAIITO I EXC!SSIUIIMD.V. UAIIIUTY LJOCCUR D CLAIMS MADI: i H DEOUCTieLE IIETENTION s WOAKERI COMPENSA TIOlt ANO l0.CZ9D4370850B8 "" MlO't'EM' LIAIILITY All'f ~EtOMARTIIIERJeX£CUTl\le OFJICEUllMIIIER tXClUCED? ~~~ONS bolcJ,r lilll OT14£11 :R11FICA TE HOLDER 'l'otiJ.l .Abatem.ent systems Corporation 6142 State Highway 276 Royse City TX 15189 :ORO U (1001/08) .. LIMITS IAQi OCCl.JAA!NCli ~~~-;.;.~. MEO DP I.....,_,._,, Pl~ I A'OV INJURY 0£NEMl.~0,ttlTE ~ •COMP/OP AOO CCWINtO SING~ UMIT lh•~I DOaLYlkJURY (1'9'ptnml) s I s s s s • s I s AUTO ONl Y • EA ACCIOEHT I I s • s s I XIT~v~·:.rra1 1°if I 05/13/08 06/01/09 U .. EACHACCICENT s 1000000 I E.LD1~8E-EHMPL.OVIE S 1000000 E.L OISQA6E • POI.ICY LIMIT I l O O O Q 00 CANCEUAllON IIICIULD /UIY OF tM& AIOVI PUClaND l"OUCll!S IE CAI\IC!l.LED IIEl'OM Tkl QPIIU. TION I ~T1 TMIKEOF, 11E ISSimD UIIU!ln WIU. ENDEAVOR TO MAL ~ !JAYS~ MO'ltCI 10 THI! CCMF!CATI! 110LD8t NADD TO nt• LE", BUT PAIi.URE TO 00 Sf' SllillLL IIIPOIS NO 08~110" °" UA8IUTY OF AK'f lQND UPOM THE INSURER, ns AGtT Cit ftE1'1'1Sll5NTA11'11S. C ACORD CORPORATION 198a IMPORTANT If the certificate holder is an ADDITIONAL INSURED , the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to \he certificate ho lder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policie J, 1 may require an endorsement. A statement on thie oertiflaate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute e contract betweeh the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affinnatively or negatively amend , extend or alter the coverage afforded by the policies listed thereon . I I I I I I I I I I I I \ I \ I I I I I \ \ )RD 2S (2001 !08) I I I I I I I I I \ \ \ \ I I I I . . . i . --. . . . . ·. TEXAS DEPARTMENT OF STATE HEALTH SERV!CES co ('I . .. ~ ..... . . . TO.TAL ABATEMENT SYSTEMS CORP . · · is certifaa tiJ. peiforr_n as a Asbesto·s Transporter · ... in th~ State of Texas within the purview.of Tex.as· Occupations Code, chapter 1954, so lo~g ·as this iicense is not suspended or revoked and is renewed according to the rules ·adopted by the Te~as Board of Health .. ~ . . . . . . .. . . . . License Number: 400031 Contr~l -Nwriber:··95485 . .. DAVID LAKEY, M.D. COMMISSIONER OF HEALTH ·. :· · ·: .· .. · Expiration D·ate: 2/19/2011 · . (Void After Expiration Date) VOID IF ALTERED NON-TRANSFERABLE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TOTAL ABATEMENT SYSTEMS CORP ir certi..fietl to perfonn as a Asbestos Abatement Contractor in ihe State of Texas within the purview of Texas Occupations Code, chapter 1954, so long as this license is not suspended or revoked and is renewed according to the rules adopted by the Texas Board of Health. DAVID LAKEY, M.D. COMMISSIONER OF HEALTH License Number: 800109 Expiration Date; 11/30/2010 Contt-ol Number: 95440 (Void After Expiration Date) VOID IF Al TEREO NON-TRANSFERABLE 06/21/2009 23:47 9727716825 TASCO PAGE 02/02 HUB UTILIZATION PLAN BID/ PRPOOSAL ITnE : ASBESTOS ABATEMENT AND DEMOLITION OF STRUCTURES FOR NEW FIRE STATION# 5 BID PACKAGE NUMBER: DEM 09-10:FIRE STATION NO. 5 NMP 1YPE OF WORK: FIRM NAME: CONTACT NAME: CONTACT PHO~: CERTIF. AGENCY: WASTE HAULING B&B WASTE TRANSIT INC. 1916 BRIDGESTONE DR. CORINTH, TEXAS 76201 AMYDREW (214) 803-3184 TBPC NCTRCA WBE CERTIFICATE# 1030523501100 CERTIFICATE# WFWB38777N1009 CERTIFICATE# 255079 ETHNICITY I GENDER: WF QUOTE:$ 832.68 !8% OF ABATEMENT CONTRACT RESPONDENT TO INITILIZE & DATE HERE:. __ ~k~~4------ 06/10/2009 14:28 9727716825 TASCO The Texas Building & Procurement Commission (TBPC), hereby certifies that B & B WASTE TRANSIT, INC. has successfully met the established requirements of the State of Texas Historical ly Underutilized Business (HUB) Certification and Compliance Program to be recognized as a HUB. This cert ificate . printed 30·JUN-2007 , supersedes any registrat ion and CElrtif icate previously i$sued by Me TBPC 's HUB Certif icat ion and Compliance Program . If there are any changes regarding the information (i.e., business &tructure , ownership, day-to-day management, operational control, addresses , phone and fax numbers or authorized signatures) provided In the submission of the business' application for registralion/certilicat ion as a HUB , you must immediately (with in 30 days of such changes) not ify the TBPC '& HUB program in wr iting . The Commission reserves the right to conduc t a compliance rev iew at any time to confirm HUB eligibility . HUB certification may be suspended or revoked upon find ings of ineligibi lity . CertificateNID Number: 1030523501 100 FileNendor Number: 33042 Approval Date : 27-JUN-2007 Expi ration Date : 27.JUN-201 t Paul A. Gibson HUB Certificat ion & Compliance Manager Texas Building & Procurement Commission (512) 305-9071 PAGE 21/2 5 Note: In order for State agenc ies and institut ions of higher education (universit ies) 10 be cred ited for util i:z ing this business as a HUB . they must award payment under the Cert ificateNID Number identif ied above. Agenc ies and universities are encouraged 10 validate HUB cert ifi cation prior to issuing a notice ol ewaJd by accessing the lnteme1 (h1tp :/lwww .tbpc.state.tx .us} or by contact ing the TBPC's HUB Certification and Compliance Program at (888) 863·5881 or (512) 463-5872 . .' 1,;;.-:,r:•:1 ·.·!-.. ~ ! ,-ir.f'",~ r, .,.~-·; ::·: :: (1)'!,'t !,.,_~~ . ......... -.......... ·, ; ;~ ... · .... ! . \". \ \ WHE.l\ ... ',1 ··=··•· 1• .. -....... . I ,:•.•;··.• c:• ... ,!. , • .1 .... ·, ·,Ii>~.· . . . ,·.:. ··• ') .· ·~ i"·. ~usi~ l;k•,t:lopmcnt . !!. ·• ..... ·worrien 's Business Enterprise N~t'ionai Council · Expiration Date: Certificate Number: SIC Code(s): NAICS Codes: · in 1-r.111nt'1-ship wi1h · · . · · · \Votnen's Business Council Southwes~ n:nil1~~ ih:n the nir...-ri~, ti.>r l'l.'rtiltr;uion :.is · :1 ·· · ~·· .· .. · .. . Jt4.h..'h'.:_.· . -~~· B & B Waste Transit, Inc~. D4.IJ0/2009 2':::r,.:;: 5093 562ff1 \({"11en~ fu,inrs.~ EnRtflise N.~nuoal Ct-.JJ1dl . . \VBENC ~ '· ··:_) 'W&t~lJt. ~!llf'nirJ.lrf.5° j, \ (-!,• • .:I""•~: e,.p,:nll:'I. ...... ,,.,..•L-1·.•••· ............ . ~·.: / ::. ..... ::; ,. . . weccc · .. · ~~--~-1 .. \~J .. ·.· , .. : .. : J ~ "j\"c.as,t.,"Ji . lf'l ...,11 :"M c~,.·~:n · \VBEC lo I I•,• -·····-· .. ·····-·-'·-... 7J r~~ MWBC • .:-,.;w;t,· .~BIP!:l:i:JZJUBl:4#/l!rt "':'.":;~' : /~; ......... ,,.,.. CS) en ...... ..... CS) ...... Is) CS) CS) LO LO -...I Is) -...I -J ..... en CD Is) U1 --l l> I.I) () 0 ,'C,;c-,.,. ~ .• .,. NCTRCA Women-Owned Business Enterprise Certi:fi°cation · B & B Waste Transit, Inc has filed with the Agency the appropriate Affidavit a nd is hereby certified to provide senice(s) in the foJlowing areas! W om an -O wn e d Busines s E nte rp rise 562111; Solid Waste Colle ction : October 2008 Thjs Certification b ,,·alid beginning and sup~rseded :my regbtration or l.isting pre-,,,fously issued. This certification must he updated aianuaJJy by submis.sfon of an Annual Update AffidaviLAt any time there is a charge in ownership or control of the firm, notification must be made immetliately to the North Central Texas RegionaJ Certification Agency. CertificJJte expiration _____ o_ct_o_b_e_r ___ __,20 09 Issued date _________ O_ct_o_be_r ____ .• 20~ Certification Admjnistrator CERTIFICATION NO. . TEXAS DEPARTMENT OF STATE HEALTH SERVICES B & B WASTE TRAJ""ISIT lNC is certified to peifonn as a Asb estos Trans porter in the State of Texas wilhin the purview of Texas Occupations Code, chapter 1954, so long as this license is no/ suspended or revolced a,id is renewed according to the rules adopted by the Texas Board of Health. License Number; 400327 ControJ Number: 95454 DA VlD LAKEY, M.D. COMMISSIONER OF HEAL 111 VOID IF AL TE RED NON-TRANSFERABlE Expiration Date : 9/29/2010 · (Voi d After Expiration Date) ' --i I> U) 8 06/10/2009 14:28 9727716825 TASCO PAGE 25/25 ACORD,. CERTIFICATE OF LIABILITY INSURANCE I CA TE (MMIOb/YYY'I\ '7/ll/2008 l'!IOOUCEII Phone, 9~2-110-1,00 McQueary Henry Bowles Troy l2700 Park C~ntral Drive 17th Floor Dalla~ TX 75251-0470 1fl8\1Rt0 . B & B waate Transit , Inc. 1916 9\'idgcstone .or . Corinth TX ,6210 COVERAGES f.8K1 912-''0·t~~? LLP THIS CERTIFICATE IS 1ssueo AS A MATTER OF INFORMATld,N ONLY ANO CONFERS NO RIGHTS UPON THE CERTIF'ICAT\E HOLDeR. THIS CERTIFICA1'E DOES NOT AMl;NO, EXTEND 0.R ALTER THI; COVERAGE APFORDl:D BY THE POUCIES 8ELOW. j INSURERS AFFO"OING CO\IERAGE • NA.IC # ..... •------.. ,. ... __ ,, .......... , " ..... _______ ,, ______ , __ ,,...... .. ........ _ .. , ................. - L!~~~---~-~-~tJrJ!=&ft .. ~l'.\..e.O.I'.n~.~.iQl'.l~l .. ~p.f!!ctdi2.6.!~e .3 .... .. .. i.!'~.\!~" a: C.Qlll!l\e.~f;;.LLllld\\S.~t:Y.Jns.u_(.,l!.tl.<;;JLll .!l.':!J.O __ -·-\!::: ~~.~.QY~lneur.a.nee Co .......... -...... ! .... ---· .... L .. . 'INSURERE : . I ~t POLt~xts OF tNS¥RN1CE Lis';'EO BELOW KAVt ateN ISSUED To n1i INSUR&~ NAMiD Al!Ovt toi TK! POLlCY PERICD lNDIChT!O , \ NO'?W!THSTJ.WtllNG MY RJ;OtlHtEHllllT, TED.M OR CONCITl(IN (IF ANY CONTU.C'.I' OR OTHER l)OC\Jl,IEN'l' WI'J'H RESPECT 'i'O WHIC.~-1 T~~S CSRTIFICAT! MJ\Y BE ISSUED OR 111\V PERT~IN, TH2 lNSURI\IICt hFFORPEO BY THE PQ~ICIES D2SC1l1BtD H£REXN IE EUBJ&Cf 'i'O ALL ':11lt Ti!RM.S, tXCt.USIOO& A)lt) CONDITil)N-' OF SIJCH POltClES . hGGRECA'!'ll UHITS s;iown "'11Y HAVE Bl!J!!l ilEDUC!I') RV PAID Ct.AIM$. \IT~~~·-·---··-:==--~---.. ---~~ .. ·-·~~Ii:~~ i "2\:~~.W,I ; ·-··------~~,----·-.-.. ···--·-- A I ~~NERAl.l.lo\l!ILltY Pl{OP482040S 15/6/2008 \5/6/2009 !-~~~1~~ . 1.si,000.,.00,p .. i Lt~UIESlCIALGEM;c:'·L/AIIILITY l.e'!e.M~.l~.'!!'.'l"-"!.I\W-f .~.l..Q_Q_,_o_o.o ....... .. , , .. -__ I CI.AILISMIIIJE ~ OCCUI' i,,, ,.MlDEICP~-J'fflO"I . S.l.0, 000 _____ .. _ i \.Jl.,~o.fess.ionaL---.·' i P'Ell$0NALUDVIN.'l,JFlV .'J.Jl.O,poo ..... ~ JE:'.PUJ.lti.P.n~,-----··--! , I ~<!!!"~~~~C!~.!~~.!L .... , ~ L .O.oo ,.R.O.Q li __ j 1--o~_m, A()()Pl!rG·"~r LIMIT .. r.~·~·'1 PER : J ; I, /1!..0!!US!J:;~0~~~~99. .!,S .. l .,_0_0.P., .. O.Q Q -·- ' !X POLICY I ':.,",9; i LOC i I i j_EX_CEBI/Ullllll!~ LIAIIII.ITY 1::J OCCUR j_J CLAIMS WOE ! \ 1~1. DEDUCTl~Lt j RETl;NTIQN l I WOIIIIE~I CDM...,.$11,TlQM AND IM~LOYatr LIAtllJTY 1t1« PIIOl>Al['TORIPAR™tA/E><EC\FtlVE Ol'FlCEl'l/Mlil411lA txa.UDW, i ;ire.:'=:.t."o'HS- C I OTMER ,contr~ct.~~e Equipm~nt i I I : !IHD298808SOO I i I ! j i· \$/6/2008 ' i ' ! ' : i~/6/2009 I .r.uTOONl'r-'.A/\CCIOENT i .~ ............. _ .... l. ) OTHiAlMI\II .',!-~j -~.... ·--·-... --.11 .... j IIUTDOMl,V; f\r,(l ! l 1-~<;l!.~~llAAE,HC~ . ; .s ........... !.~........ .. 1·~!!~~~~.\L ... -·-t· .. -----· . ... - ~--·-······--~------~:·-··--·--··· .. \- . 1 .\ wc5T~ru. , :u_n<•: \ ·;,;_:::~~.!~,_HR .\. .. .... _ .. _ ......... . -. -· .. .. ........ - 1!.l. OtStA$i; -~>.EMPLOVtE I i , E.~.ois~~s~:~ic~·L;~ -rs .... ·····---·-··· 0£1CRO,TIOH OF ~RATION$ I L0CAT10ll81\llll11ClEIJ EXCLUllllll<$ /IOOED IIY eNDDlt(ltl,!l!NT I .a:IAL r~OVl$!0Na "orti!icete holder i~ n~med ac ~n ~dditi~nal in~ured per the b•iow !oC'm (s J bue1nRCC ~utoniobil~ poli~y ~E thP. insured f')nl;I i•rovirler.l with• w~lve1· of ,;111,~-og~tlon pt'r th'! t,elow formfl!II on the gr.nl!nl Habillty il'nc! bu~in,se ei:toc,obile t)l)lidc; ol the in,aired. but oro)y to the! <>Jtt'!nt tr.at t!:.i> li.fflite-:\hd forfll~ are rcquir'!d to ""tidy the t'l,1111!1 "' a -"Y ~tten contrllct . ilddi~10l'l,!\l Int:ur"'d Forr:1 nc:.20_.o llllition 01./9~ 7'Wlir~ t o tile au~inl!!n Auto ~nl icy ;on t. lr>l•ed . . . CERtlFICATI:: 1-!0LOER CANCELI.A TION ~HOIJU> AtlY OP THI A~V! DE$~1MO l'OLlC1ES BE CJIIIC.::ELLEO GI':: Ca1?i t~l Corpo;,ntion MStORE THE EX~tkATJCltl DATt T~~PEOE , n;s If.SUING lN~UREt WILL ENDPV01' ,0 MAIL 3CI DAYS IIIU'fT;;N NOTJ(:&; 'i'O THE: P .O. Box 14~649 CERT!FlCA,E HOLDE~ NAMiD TO TH; LSPT , 5U'T ~~ILUR! ro 00 GO Irving TX "15011 SHALL IHPOSS NO OJLIGhTtON OR LlA&ILt'i'Y OF ;,.}T'{ KI ND UPON THE IIISUR!ll , XTS hGinlTS OR R3PRE6tNTATIVES . AUTHOIIIZieD Ul'R£891TATIY! ,/~ ,,.<L,.,, ACORD 25 (2001/08) @ACORD CORPORATION 1988 I 2.8.Bonds 2 .8.1. Bidder's Bond Proposals must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate. Alternatively, the City will accept a cashier's check , in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project contract. This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The bond is subject to forfeiture in the event the successful Contractor fails to execute the contract documents within 10 calendar days after the contract has been awarded. 2.8.2 . Payment and Performance Bonds Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth, a payment bond if the contract is in excess of $25,000, and a performance bond if the contract is in excess of $100,000 . The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth ; in 100% the amount of the Contract; and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required , within 14 calendar days after Notice of Award. 2 .8.3. Requirements for Sureties The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code . All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended . In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law . Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City . Should any surety on the Contract be determined unsatisfactory at any time by the City , notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City . 2-12 FROM CNA (TUE) .JUN 23 2008 8: 03 /ST. 8: 00 /No. 7'5231 38808 J · 8 6/23/2009 8 :28:50 AM PAGE 3/005 Fax Server ~~ Western Surety Company BID BOND (Percentage) Bond Number : 10744347 KNOW ALL PERSONS BY THESE PRESENTS , That we Bradley Garrett dba Garrett Excavation -"&__.c;;.[1_arn...;,.o ___ l_1"-· t,;_1c:...· G:;..;·n-'-------~~---~------~------------------,-of 7 6(_12_8 ___________________ , herein,~er 312 Faith Ct . , Burleson, TX referred to as the Principal, and We stern """su=r~e"-t"-y..__C:;..;o=:n=p;..;:a=n'--':J'-' ---'---------------- as Surety , are held and firmly bound unto Qity of Fon Werth Env' ronment3.l M2.n agement De12t . of 100( Thrc,c .<rr:o~ton, Fort WorU...:..,_T_X_1_6_l_C_2 __________________ .....-) hereinaftE!r referred to as the Obligee, in the sum of ____ F'_1_· v_P._. __ _ 5 % ) percent of the grea est amount bid, for the payment of which we bind ourselves, our legal representatives , successors and ass· ns, jointly and severally, firmly by these present:,. WHEREAS, Principal has submitted or is a )out to submit a proposal to Obligee on a contract fo . .,_ ___ __.'-- Ne.w Fi.c~ Station No. 5: De.molit ::.;Lo:c:.n~c:..::,f:.-..:,Sc...,t,.,,~c.::u=r;.:..=.t-=u=r -"'e=s _______________ _ NOW, THEREFORE, if the said contract bn awarded to Principal and Principal shall, within such time as maJ. be specified, enter into the contract in writing and give such bond or bonds as may be specified in the biddin9 or contract focuments with surety acceptabl ~ to Obligee ; or if Principal shall fail to do so , pay to Obligee \the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond , then \this obligation shall be void; otherwise to remain in full force and effect. SIGNED , SEALED AND DATED this~~ day of -----''"-'T1""1n""'P.'-. __ _ I Fonn F5876 Rr ~rl ley G~r rett ~hR GRr r P.tt ~x~~v~tinn, Demolition (Principal) ~4-PwrA= FROM CNA (TUE).JUN 23 2008 8:03/ST. 8:00/No. 7523138808 f · 10 6/23/2009 8 :2 8 :50 AM PAGE 5/005 Fax Server Western Surety Company POWER OF ATTORNEY-CERTIFlED COPY B ,Jnd No. __ .:...7..::0...:.7...:4c..;4:.::3'-4~7,;,_ _ __,,_ Know· .Ul Man By The;e Presents, that 17,i'ESTE RH SURETY COMPANY, a corporati~n duly organized and existing under the law; of the State of South Dakota, and havi~· its princip, 1 offi ..:e in Siou:< Falls, South Dakota (the "Company"), doei by these presents m~e, cmstitute aud appoint Greqory Owen Harmon I I its true and lawful att~rney(s)-in-fact, \\ith full power and authority h;ireby conferred, to execute, acknowledge and delivet· for and o its behalf a~ St11·el~•, bond, for : Principtl : B=adley Garrett dba Garr e tt EKcavation & Demolition Obligee : City of Fort Worth Environmental Management Dept . Amoun1 :: $500,000 .00 :md to bind the Company thereby as fully and to tlu same extent as if such bonds wet·e si~ed by the Senior Vice President, sealed · th the corporat.e seal of the Company and duly attested by its Sect·etary, hereby ratifyi.ng' and confirming all that the said attorney(s)-inifact. may do wifoi.n the abc,ve stated limitation,. Said ar poinlm~nt h made uruler and by authority oflhe folfowine-bylaw of Western Sw-ety C,Jmpany .,. hich remains in full force and effect . J "Scct.i.c ,n 7. All bonds, policies, undcrtaki.nr;s , : >owcr s of Attorney or other obligntions of the corporation shrul be executed i t.hc corporate name cf the Company by the President, S,,cretary, any Assistant Secret3.11•, Treasurer, or any Vice President or by such ~ther officer,; as tlle Board ofDirecton may authol'i2e. Th., President, any Vice President, Sec1·etary, any Assistant S~retary, or the Treas1tU·er may appc-ir .t Attorneys in Fact or a~ents who shall !,ave aut.hot"ity t.o issue bonds, policies, or undertakincs in the name of the Comp~y. The cc,rpor.ite seal is not neci!.Ssary for the i:alidity of any bonds, policies, Ulldertakings, Powers of Attorney or other obliiations of the r.r,rpor:,t.i nn . 'TI,., ,sig·n:,turP. of ,my ~11"11 nffi,~P.r ;,n,l th~ r.orpor~t.?. SP!:ll m'1y h~ }lrintr.d hy f.w.similP.." I All au1.hori.ty het·eby conferred shall expire and ;erminate, without notice, unless used before midni~ht of September 2p 2 00 9 , but until such time shall be irrevocal le and in full force and effect.. In Witness Whereo~ We!tern SUt"ety Company h.u cawed these pre3ents to be ei~ed by its Senior Vice President, Paul 1'. Bruflat, auditsc~m~~~~_tobeaffix.edthis _!':,th dayof June 2009 I ... _ ....... ,':I" .... r-.. .. :..;~;. ~~~-~-;::~:~ .. F ~~~-:_'i:.;_, ..•• ::· '-rs>~ COMPANY ~-*F .. ~t: ~-~ , ·,R~ 1.E ~ CORP0R.4T£ ;,i !!ti! ~~ r!i ;, -,; SEAL _t'Z ~*-, ~ '-;,f ST~.BQ 1 ' \~C1I'A } -,*·-tt1.n--.,g,t~f,n., ss I COUN']"JJ,~iX, .. mu~'1~ruu:ut.. On this 25th day of Jun.a ___ , in t.hP. yP.m' 2 00 9 , hP.fr,rP. m?., "not.:1ry pnhli~. pPrsonally ;,pp T rP.il Paul 'L Brnflat, who beinc to me duly sworn, acl<aowledged that he signed the aboi:e Power of Attorney as the aforesaid officer of \VESTER!\ SUREI'Y COMPANY 3.Ild acknowlede-ed said instrument to be the volwit3.1:y act and deed of said corporation. I ~ ........ __.._ ......... --.......... ~ till ~ 1 D. KRELL : Jj r~~l'UBLJC~I f~SOUTH DAKOYA~f dota.i-y Public -South Dr ota I ~ ................................................ Wy Commission Expires November 30 . 2012 I lhc ,md;,rsii:ned officer of W cstcm Surety G< mp any, a stc-ck corporation of the Suite o( South Daltota, do hereby certify that the attached P >Wel' of Attorney i~ in full force and effeci . and is irrevocable . and furthermore, that Sectim 7 of the bylaws of the C->mp ,iliy ~ ,,.t. fnrt.h in thP. PllWP.t' of Att.nmP.y i;; now in fnreP.. I In testimony whereof, I have hereunto set my h md o.nd seal of W cstern Surety Co mpany this 25th day of June 2009 2.9. Minority/Women Business Enterprise (MWBE) Utilization Requirements A MWBE goal of 10% percent has been established for th is contract. Contract Assurance -The contractor or subcontractor shall not discriminate on the bas is of race , color , national origin, or sex in the performance of this contract. The contractor shall carry out appl icab le requirements of 49 CFR Part 26 in the award and administration of DOT ass isted contracts. Fa ilure by the contractor to carry out these requirements is a material breach of this contract , wh ich may result in the terminat ion of this contract or such other remedy , as the recipient deems appropriate . Contractors shall make a good fai th effort to subcontract with or purchase supplies from MWBE firms . Contractors shall meet or exceed the stated goal or submit documentation of good faith effort for all applicable contracts to permit a determ ination of compl iance with the specifications . MWBE documentation cons ists of the Special Instruct ions to Bidders , the Subcontractor Utilization Form, the Prime Contractor Waiver Form , the Good Faith Effort Form , and the Joint Venture Form . Copies can be obtained from the City's MWBE Office OR the following City of Fort Worth website : h ttp:/lwww.fo rtworthgov.org/mwb e/d efault.a spx ?id =36 8 &terms=MWBE%2 00FF ICE&s ea rc h t yp e= 1 &fragment=False 2.9.1. If Contractor equals or exceeds the project goal , they must submit the Subcontractor Utilization Form or the Joint Venture Form . 2.9.2. If Contractor does not have subcontracting and/or supplier opportun ities , they must submit the Prime Contractor Waiver Form . 2.9.3. If Contractor has subcon tracting and/or supplier opportunities but does not include MWBE partic ipation in an amount which equals or exceeds the project goal, they must subm it t he Subcontractor Utilization Form and the Good Fa ith Effort Form and documentation . 2.9.4 . If Contractor has subcon t racting and/or suppl ier opportunities but does not include any MWBE participation, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation . All MWBE firms must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division . For the purpose of determining contract compliance under the MWBE program , businesses listed as MWBE w ithin the Utilization Plan must be certified as such prior to a recommendation for award being made to the City Council . Contractor shall submit the Subcontractor Utilization Form and/or the Good Faith Effort Form or the Prime Contractor Waiver Form , or the Jo int Venture Form ("and documentation") as appropriate . The Environmenta l Management Department must receive the documentation no later than 5:00 p.m., five City business days after the bid opening date , exclusive of the bid opening date. Contractor shall obtain a receipt from an employee of the Env ironmenta l Management Department. Such rece ipt shall be 2-14 evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid . Failure to comply with the bid specifications , inclusive of the MWBE requirements and documentation, shall render the bid non-responsive. The Good Faith Effort documentation shall demonstrate the Contractor's commitment and honest efforts to utilize MWBE(s). The burden of preparing and submitting the Good Faith Effort information is on the Contractor and will be evaluated as part of the responsiveness to the bid/proposal. A Contractor who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. Questions about MWBE requirements may be directed to the City's MWBE Business Office at 817 .392.6104 . · Check the appropriate box/boxes : l!:I The following MWBE documents are included in this bid submittal , following this page, bound within the response : x Subcontractor Utilization Form Joint Venture Form X Prime Contractor Waiver Form --- X Good Faith Effort Form --- D MWBE documents will be delivered to the Environmental Management Department* no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date . Prompt Payment -The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed . Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both MWBE and non-MWBE subcontractors . Bradley J Garrett Name Owner Title Garrett Excavation & Demolition Company 6/25/2009 Date 2-15 NOTE: The Environmental Management Department's Administrative Offices are located in the City Hall Annex, 908 Monroe Street, ?1h Floor, Fort Worth , Texas 76102 . The Department's mailing address is 1000 Throckmorton , Fort Worth , Texas 76102 . 2-16 FORT WORTH •• City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is $25,000 or more, th~ DBE goal is applicable. If the total dollar val~e of the contract Is less than $25,000, the DBE oal is not a licable. I POLICY STATEMENT I It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Busihess Enterprises (DBE) in the procurement of all goods and services to the City on a contractual basis . The objective o1 the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City . All requ irements and regulations stated in the City's current Disadvan age Business Enterprise Program apply to this bid. DBE PROJECT GOALS The City's DBE goal on this project is _1_0 ____ % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's DBE program by either of the following : 1. Meet or exceed the above stated DBE goal, or; 2. Good Faith Effort documentation, or; 3 . Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to b~ considered responsive to the specifications. . J\ Offerqr sh'111 deliver the DBE docume ntati9n in person to the appropriate employ,ea 9{ tt_le managi~g .departrnen.t and obtain a .. d.ate/time receipt. Such receiP-t shall be evidence that the -City r ceive thQ:,d.Q.QU .· n a ion in lh 'time allocate . A fa ed co ·will not be acce ted . 1. Subcontractor Utilization Form , if oal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated oal: 3. Good Faith Effort Form, if no artici ation : 4. Prime Contractor Waiver Form: 5. Joint Venture Form, if goal is met or exceeded : received by 5:00 p.m., five (5) City business days after the bid o enin date, exclusive of the bid o enin date . received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date . received by 5 :00 p.m ., five (5) City business days after the \ bid o enin date, exclusive of the bid o enin date . received by 5 :00 p.m ., five (5) City business days after the bid o enin date, exclusive of the bid o enin date . received by 5 :00 p.m ., five (5) City business days after the bid o enin date , exclusive of the bid o enin date . FAILURE TO COMPLY WITH THE CITY'S DBE PROGRAM, 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 FORT WORTH ---.•. ~ PRIME COMPANY NAME: CITY OF FORT WORTH Disadvantaged Business Enterprise Garrett Excavation & Demolition ATIACHMENT 1A Page 1 of 3 Schedule of Subcontractors/Suppliers DDBE PROJECT NAME: Asbestos Abatement & Demolition of Structures for new Fire Station #5 6/25/2009 BID DATE :-------- PROJECT NUMBER: DEM 09-10: FS #5 I CITY'S DBE PROJECT GOAL: 10 % I Prime's DBE GOAL COMMITMENT: 5 .15 % Please read the following statements prior to executing this form. Bidders/Offerors must provide information on all prospective subcontractor(s)/suppliers who submit bids/quotations in support of this solicitation. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bit opening, exclusive of bid opening date, will result in the bid being considered non-responsive to the bid specifications. The bidder further agrees to provide, direcUy to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and flies held by their company that will substantiate the actual work performed by the DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for Initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant I.e. a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to Its supplier is considered :rt.tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a DBE and counting those dollars towards meeting the contract committed goal. Prime contractors must also provide the previous year's annual gross receipts of all subcontractors/suppliers listed on the utilization form. This information may be expressed in the dollar ranges provided that column. Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, .count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacture nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the prime contractor is responsible to identify the amounts to be used toward the committed DBE goal. If hauling services is utilized, separation of dollars for haul-in and haul out is required. In addition, the prime will be given credit for utilizing a DBE hauling firm as long as the DBE owns and operates a least one fully licensed and operational truck· used on the contract The DBE may lease trucks from another DBE firm, including DBE owner- o~rated and receive full DBE credil_lhe DBE..may.Jease-trucks from non-DBEs,includlng-owner~perators, but-will only receive-1:redlt-for-the-fees-and commissions earned by the DBE as outlined in the lease agreemenL Note: Be mindful of the 60% rule. Rev. 5-30-03 FORT WORTH "-, . CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTORS/SUPPLIERS ATIACHMENT 1A Page 2 of 3 Check this box D if any subcontractor/supplier is a Sole Source and identify by writing sole source by the subcontractor/supplier name. NAMES AND ADDRESSES OF SUBCONTRACTORS/SUPPLIERS Name: Total. Abatement sysc.ems 1..:orp 6142 State Hwy. 276 Address: . Royse City, TX 75189 Phone: 972-771-6919 Fax: 972-771-6825 Email: danny@tascotx .com Contact Person: n,,,,...,..., n •• -.. 0 ~ Name: B&B waste Transit, Inc . 1916 Bridgestone Dr . Corinth, TX 76210 Address: Phone: 214-803-3184 Fax: 940-497-0600 Email: amy. drew@centurytel.net Contact Person : ~--· _ Name: • --- Address: Phone: Fax: Email: Contact Person: Name: Address: Phone : Fax: Email: Contact Person: TYPE OF WORK TO BE PERFORMED Type of Work: Asbestos Abatement $ AMOUNT: 3,863.32 Type of Work: Hauling Services $ AMOUNT: 832. 68 (Haul out only) Type of Work: $AMOUNT: Type of Work: $AMOUNT: Specify Tier 1st 2nd CERTIFIED DBE FIRM Yes _ No..::_ Certified By: NCTRCA __ TXDOT Other __ please attach DBE certification Yes~ No_ Certified By: NCTRCA ~ TXDOT PREVIOUS YEAR'S ANNUAL GROSS RECEIPTS ( check one) _ less than $SOOK ~ $SOOK to $2M _ $2M to$SM _ more than $SM .:_ less than $SOOK _ $SOOK to $2M _ $2M to$SM Other __ please $ attach DBE certlflcatlon -more than SM Yes ~ No_ _ less than $SOOK Certified By: _ $SOOK to $2M NCTRCA __ TXDOT _ $2M to$SM Other pleaae attach DBE certification -more than $SM Yes_ No_ Certified By: NCTRCA __ TXDOT _ less than $SOOK _ $SOOK to $2M _ $2M to$SM Other __ please attach DBE certification -more than $SM Rev . 5-30-03 FORT WORTH --. -s a NAMES AND ADDRESSES OF SUBCONTRACTORS/SUPPLIERS Name: Address: Phone: Fax: Email: Contact Person: Name: Address: Phone: Fax: Email: Contact Person: CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTOR/SUPPLIERS TYPE OF WORK TO BE PERFORMED Specify CERTIFIED DBE Tier FIRM Type of Work: Yes -No - Certified By : NCTRCA --TXDOT --$AMOUNT : Other __ pleaae attach DBE certification Type of Work : Yes No -- Certified By : NCTRCA --$AMOUNT: TXDOT --Other __ plaaaa attach DBE certfflcatlon ATTACHMENT 1A Page 3 of 3 PREVIOUS YEAR'S ANNUAL GROSS RECEIPTS ( check one) -less than $SOOK _ $SOOK to $2M _ $2M to$SM -more than $SM less than $SOOK - -$SOOK to $2M _ $2M to$SM _ more than $SM The undersigned bidder agrees to enter into a formal agreement with the DBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications. ALL DBES MUST BE CERTIFIED BY THE CITY OF FORT WORTH PRIOR TO A RECOMMENDATION FOR AWARD TO THE CITY COUNCIL. ~u~ ~-P~rin-~-ed~~--ig~~-at-u-rfo..._d,f.,'(. __ ~_t4:::= _____________ _ Owner Bradley J Garrett/ Owner -----'----------------------Ti tie Contact Name and Title (if different) Garrett Excavation & Demolition Company Name 312 Faith Ct. Address Burleson, TX 76028 City/State/Zip Code 817-426-0082 Phone Number garrett_demolition@sbcglobal.net Email Address 6/25/2009 Date 817-426-2307 Fax Number Rev. 5-30-03 ATTACHMENT 18 Page 1 of 1 City of Fort Worth Disadvantage Business Enterprise Specifications Prime Contractor Waiver Garrett Excavation & Demo l i t ion Asbestos Abatement & Demolition o f S t ructure s f o r Prime Company Name Project Name new F i re Stat i on #5 6 /25/2009 DEM 09 -10 : FS #5 ----------------Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). ~II questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you m!!!! complete ATTACHMENT 1 C. This form is 011 ly applicable if hotb. answers are yes . Failure to complete this form In Its entirety and be received by the Managing Department on or befdre 5:00 p.m., five (5) City business days after bid opening~ exclusive of the bid opening date, will result \in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? __ Yes ~No \ If yes, please provide a detailed explanation that proves based on the size and scope of t ~is project, this is your normal business practice and provide an operational profile of yo u r business . Will you perform this entire contract without suppliers? __ Yes ~No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate i nformation regarding actual work performed by all subcontractors , including DBE(s) on this contra t t, the payment therefore and any proposed changes to the original DBE(s) arrangements submitted wi ~h this bid. The bidder also agrees to allow an audit and/or examination of any books, records and fil f s held by their company that will substantiate the actual work performed by the DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation o f 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 fal $e statements. Any failure to comply with this ordinance creates a material breach of contract may res ~lt in a determination of an irresponsible offerer and barred from participating in City work for a period pt time not less than one (1) year. J Owner Title Garrett Excavat i on & Demol ition Company Name 3 1 2 Faith Ct . Address Burl eson , TX 7 6028 City/State/Zip Bradley J Garrett Printed Signature Bradley J Garrett Contact Name (if different) (817) 426 -0082 (81 7 ) 426-230 7 Phone Number Fax Number garrett_demo li tion@sbcg l oba l .n et Email Address 6 /2 5 /2 009 Date Rev. 5/30/03 FORT WORTH • City of Fort Worth Disadvantage Business Enterprise GOOD FAITH EFFORT Garrett Excavation & Demolition Prime Company Name 6/25/2009 Bid Date I ATTACHMENT 1C Page 1 of 3 Asbestos Abatement & Demolition of Structures Project Name For New Fire Station #5 DEM: 09 ~10: FS #5 Project Number If you have failed to secure DBE participation and you have subcontracting and/or supplier opportunities o I if your DBE participation Is less than the City's prQJect goal, you must complete this form. If the bidder's method of compliance with the DBE goal is based upon demonstration of a \"good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or kn 1owing 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, exclu~ive of bid opening date, will result in the bid being considered non-responsive to bid specifications. I 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be Ptiovided by a DBE or non-DBE. On Combined Projects, list each subcontracting and or supplier opportunity through the 2"d tier. (Use additional sheets, if necessary) List of: Subcontracting Opportunities List of: Supplier Opportunities Asbestos Abatement 1st Tier Equipment Fuel Waste Haul off 2nd Ti er 2.) Obtain a current (not more than three (3) months old from the bid open date) list of DBE subcontractors and/or suppliers from the City's M/WBE Office. Rev. 5/30/03 ATTACHMENT 1C Page 2 of 3 _x _ves Date of Listing ~/ 11 2 009 No I 3.) Did you solicit bids from DBE firms , within the subcontracting and/or supplier areas previously listed , at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are open ,d? ~Yes If yes, attach DBE mail listing to i nclude name of firm and address and a dated __ No copy of letter mailed . T 4 .) Did you solicit bids from DBE firms , within the subcontracting and/or supplier areas previous!~ listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? ..l5:...._Yes __ No If yes, attach list to include!!!!!!! of DBE firm, person contacted, phone number and date and time of contact. NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation , which is to provide DBE name, date, time, fax numb! er and documentation faxed. NOTE: If the list of DBEs for a particular subcontracting/supplier opportunity is ten or less, th e bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of DBEs for a pf1 rticular subcontracting/supplier opportunity is ten or more, the bidder must contact at least two-thirds o the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential DBEs or information regarding the locati t n of plans and specifications in order to assist the DBEs? ..l5:...._Yes __ No 6.) Submit documentation if DBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the DBE was rejected and any su ~porting documentation the bidder w ishes to be considered by the City. In the event of a bona fide :dispute concerning quotes, the bidder will provide for confidential in-camera access to a inspection of any relevant documentation by City personnel. (Please use additional sheets if necessarv, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Reiection Cactus Systems I nc 817 -626 -4791 Ne lda Hall Asbe s t o s Abatement Bid Too High Cl e an Air Re me diat ion 214-324-1080 Sy lvester Wh i t e Asbe s t o s Abat e me nt Bi d Too high Empire Environmental 214-327-3653 George Asbestos Abatemen t Never received bif Na t ion s Environment a 972-72 5-934' Tonya Asbestos Abatement Di i not respond to f x o call North Star Abatement 972-288-0110 G. Lopez Asbestos Aba t emen t Never received bif Re s p onse Re mediation 972-9 0 7-87721 Je sse Hino josa Asbestos Abatement Not interested in biddirl g USA Environmenta l Group 214 -752-8424 Receptionist Asbestos Abatement Not able to bid .. estimato,1 out of town American Environmental 81 7 -417-4591 Adam Hewitt As bestos Abatement No bid TEC Enviro nment al 972 -524-9966 Brian Smith Asbestos Abatement Bid was too high ADDITIONAL INFORMATION: Intercon Environmental & RNDI advised that they would be bidding thel project as prime contractor. Abacus Environ ment is a consultant . Cuevas Di f tribution is not an abatement firm . Dtech Services is a consultant . Ponce Contractors o n Garrett 's "DO NOT CALL" list . Ranken Environmental is a consultant . Rev. 5/30/03 ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to l 'btain DBE participation on this project. Please see attached list of M/WBE Business' that were contacted for subcontract i ng oppor tuni t i e s . -Please see attached documentation . The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the pa ~ment thereof and any proposed changes to the original arrangements submitted with thi f bid. The bidder also agrees to allow an audit and/or examination of any books, record~ and files held by their company that will substantiate the actual work performed o ml this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be ground 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 bre ch of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the DBE(s) listed was{were contacted in good faith. It is understood that any DBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the City's MJWBE ~~ ~:!)~ Authorized Sig-- Owne r Bradley J Garrett/ Owne r Title Garr ett Excavation & Demoliti on 817 -426-0082 Fax 817-426-2307 Company Name 312 Fa i th Ct . Address Printed Signature Contact Name and Title {if different) Phone Number Fax Nu ~ber I garr ett_demol i tion@sbcglobal .net Email Address Rev . 5/30/03 Burleson , TX 76028 City/State!//ZZfjip>--~ 6 ~/~2~s/~2~0~0 9~=====---Date A Tl1ACHMENT 1 C Page 4 of 3 \ \ I 06-11-09 ;10 :43AM; June 11, 2009 Garrett Excavation & Demolition 312 Faith Ct. Burleson, TX 76028 Project: Dear April Collmar, ; 1 Per your request, our office is providing the ~ttached listings to assist you in your efforts t , utilize M/WBE sub-contractors and/or suppliers in the following commodities : YOUR RE,Q__UEST:, Asbestos Abatement Engineering, Environmental and Geotechnicnl LISTINGS SENT: Asbestos Abatement Engineering, Environmental and Geotcchnicnl Environmental and Geotechnic;\l Consulting Services Environmental and Gcotcchnical Consulting Services Erosion Control Services/Devices (inc ludes Gnbion Work)Erosion Control Services/Devices (includes Gabion Work) The attached listings can be utilized Llp to three months from the date of this Jetter , per th q City of Fort Worth's Minority/Women Business Enterprise (M/WBE) Ordinance # 15 5 3 Oj If additional commodities arc neede d within this 3-month period, please contact this offic 9 and your request will be processed immediately . Thank you for your interest and if th 9 M/WBE Office can be of further ass istance feel free to call anytime, 817-392-6104. \ Sincerely ECONOMIC AND COMMUNITY DEVELOPMENT MIN0RITY£WOMEN BUSINESS ENTERPRISE THE CITY OF FORT WORTH '808 THROCKMORTON STREET• FORT WORTH, TEXAS 76102 Phone (8 17 ) 392-'i 1 na • r.'nv (Ill '7\ -,n-. U\A" # 1/ 6 MINORITY/WOMEN ,INESS ENTERPRISE DISCLAIMER P!ca.sc be advised chat the City of Fon Worth docs not make any recommendations as to the capability or qualifications of any of these businesses to perform the work required on City contraas. The Cit)', therefore, ,,;11 not guarantee, rttommcnd or gh·e warranty or other as~uranc:cs as to the competency and/or fttnc:s.s of certified .M/\VBE firms. At the present time, this list of ccni6cd 7'.1/\\'BE firms is being focmlllated and maintaiPC'd by lhc North Central Texas Regjooal Certification Agency (l\.'CTRCA) solely for the purpose or disseminating information or the a,·ailability or MI\YBE businesses fer the Cit)'. o These li~tings undergo continual revisions. Tbe City of Fort Worth "ill accept ttrtification of a ,·c:ndor by lhc NCTRCA or Tcit.lS DcJ)ilrlment of Transportation (hiJJltway di,·ision) in the rnad.ctplacc, prior lo ~ A \YARD of the contncL The m:vtetplace area includes the counties of: Tarr.int, Parker, Johnson, Collin. Dallas, Denton, Ellis, Kaufman and Rockwall. Please contact the Minority/Women Business :: Enterprise Office al (817) 392-6104 ror any subseq1.1ent changc(s) and/or questions. If a ccnifted ,-cndor's name: docs not appear on the listing{s}, please call the M/WBE Office lo ,,criry. J:, CD NOTE: An Offttor will be given credit to"'wd the MJW.8E goal only when the MI\VBE supplier performs a rommcrcially useful function. A J\i/WBE supplier is considered to hn-e performed a commercially ~ useful function when the t.41WBE supplier is a manufactuttr or a regular dealer. As defined in C ity Ordinance Jj5JO, a Regular Dealer is a firm thal owns, operates, or maintains a store, a warehouse, or othcJ ~ establishments in which the malCrials or supplies rrquirca for the contract are bought, lccpt in stock, :ind ore regularly sold retail or wholesale. A Manufacturer is one that manufactures a product by hand or ;;; machinery suitable for uses; the process of making 'l\'ares. lt is the responsibility of lhc OfTcror &o assure that lhe MI\VBE supplier it list loward meeting the stated contract goal, also meet the City's ~ rcguirtmenlS for a Manufacturer or Regular Dc:alc:r. M/WBE Contractors Alphabetical SIC Listing FIRM ADDRESS CllY ST ZIP PHONE FAX 00179904 ASBESTOSABATEMENT . ~ A- ~bacus Environment, Inc. 5480 la Siena Drive le~ l/\: DaHas 1X 75231 (214) 363-0099 (21'4) 363-3919 VCactus System Incorporated 222 W. Exchange Avenue, Suite 106 Fort Worth TX 76106 (817} 626-4791 (817) 626-4725 V'Clean '.Air Remediation Envirnnmenlal P.O. Box B75 ~ RowleU TX 75030 (214) 324-1080 {214} 324-7572 Serv ic.es 3719 N. Main Slleet l N.~ C.:..~--he ~ ~ Y fl'\ Fort Worth )(Cuevas Distribution, Inc. TX 76106 ~ (617) 626-7110 {817) 626-7316 ¥Dfech Services 624 Six Flags Drive, Suite 13Dl(OYIS;J~vr\) Arlington TX 76011 (817) 695-6519 (817) 385-0965 v-Empire Environmental Group 11420 E. Northwest Highway, Suite 107 ~es TX 75218 (214) 327-3653 (214) 321-5669 .,..lntercon Environmental, Inc. b/l \ (G.l~d 2214 FM 1187 Building 6 l\,c.n ll tit_ ~idii'1) ~"'.> Y°' a sfield 1X 76063 (817) '477-9995 (817) 477-9996 1 Medtronix Solutions USA LlC 503 Cas!leford Drive Allen TX 75013-3049 _(469) 767-9645 (972) 747-7126 ....-Nations Environmental Services, Inc. P .O. Box 210857 Dallas 1X 75211 (972) 725-9345 (972) 72f>.9346 .-f'Jt>rth Star Abatement Corporation P .O . Box 222069 ~opez. Y\':s\GV{O\"~"r,\.arn Dallas 1X 75228 (972) 2aa-0110 (972) 288-0330 '><'.Ponce Contractors, Inc. NO!\ 6430 Brentwood Stair Drive boJJOT c.Ai.l l\-t>"'t H Fort Worth 1X 76112 (817) 496-3700 {817) 496-3110 1 Quality /w Conlrollers, Inc. 1002 N. Central Expressway, Suite 301 Richardson 1X 75080 (972) 437-2100 (S72) 437-6338 ~anken Environmental, LLC P .O. Box 118470 rt~\t.~y~t'\\(4(\Uc.corvl Cauolllon TX 7501, Cll l • (214) 797-997'4 (S72) 236-2121 ....Response Remediation Services Company 1701 North Greenville Avenue, Suite 503 Richardson TX 75081 (972) 907-l3772 {214) 122-057 ..-flNDI Companies, Inc. ~'\ cc.~ ltd 500 Turtle Cove, Suite 107l"'-l·11l bf. t,\d.A.it:,~'!1 Rockwall TX 75087 (21'4} 771-3977 (214) 771·39Bf y\JSA Environmental Group, Inc. 315 Yorktown Slre ~' ) TX 75208 (21'4} 752-8424 (214) 752:S414 ~ 6 /11i200 9 A+ b a )~ ( tv \/ ' 1 of 1 a, 312 Faith Ct. Burleson , TX 76028 817-426-0082 Office 817-426-2307 Fax garrett_demolition@sbcglobal .net Fax To: USA Environmental Group , Inc Fax: 214-752-8414 Phone: •' -1-Su~ Re: City of Fort Worth : Fire Station #5 and Spinks Airport Abatement From: April Collmar Pages: 3 Date: 6/11/09 cc: Urgent D for Review D Please Comment D Please Reply • Comments: To Whom It May Concern : D Please Recycle We wou ld like to request a quote from your firm for the abatement portion of the above referenced projects. Please let me know if you are interested in bidding either of these projects . Feel free to contact our office if you require additional information . Thank you , April Collmar Garrett Excavation _Demolition From: Sent: To: Subject: Attachments: Garrett Excavation & Demolition [garrett_demolition@sbcglobal.net] Wednesday, June 17, 2009 11 :39 AM 'jhinojosa@hyphengroup inc.com' Fort Worth Spinks Airport & Fire Station Abatement RFQ_RRS.pdf Please see the attached request that was faxed to your firm on 6/11. I appreciate you taking the time to talk with me today. If you decide that you are interested in bidding either of these projects then I will email the specs ave to you . April Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 Email garrett demolition@sbcglobal.net 312 Faith Ct. Burleson , TX 76026 817-426-0082 Office 817-426-2307 Fax garrett_demolition@sbcglobal .net Fax To: Response Remediation Services Fax: 214-722-0553 Phone: Re: C ity of Fort Worth: Fire Station #5 and Sp inks Airport Abatement From: Apri l Collmar Pages: 3 Date: 6/11/09 cc: Urgent D For Review D Please Comment D Please Reply • Comments: To Whom It May Concern : D Please Recycle We would like to request a quote from your firm for the abatement portion of the above referenced projects . Please let me know if you are interested in bidding either of these projects. Feel free to contact our office if you require additiona l in formation. Thank you , April Collmar ~(11-GW\ vJ/ ~tL~~v)z~~~~~. ~~&.~~~· .. ~ 'n\ (lt')_)O ~ @~yk''UVtf &<R\ Y\C (..Q n-, W\u~t \1 ¥-<l~ wl\\ not ~ ·1~tJ:J. ·1v\ ~ctL~ 4-h·1 s \2NO~fL~. I \ I ~4 VY1L ~ { ~v +dVh ~J1~~ tt ~ddJ ~ ~'5 :::-D )tt~ c.v1d. E' 4,-)i \l St n~ Tu ~cs.-\o ~'bei. INVITATION TO BID FOR ..... TW\'\ o··RTH • i ' ' \ .·_, -·) :,• ,, ' ' ' ' .< ! . \, • .' ', , ',, ,' .' .I , ' ' : I • \ CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 PROJECT: DEM 09-10: FS #5 ASBESTOS ABATEMENT AND DEMOLITION OF STRUCTURES FOR NEW FIRE STATION #5 FORT WORTH , TEXAS \&SQ_ ~~ ·,-\- ro\ A na May 12 , 2009 Company Name ~~~~ Address (p/u/oq Q) City , State, Zip rz;.DD~ Date lt..\--ffiL D'1Di) ~ ~ ~ V rY1 0)\ \ t tt'. \g (\(D ~ \\'IS f)r6 itiNVt-r A Tib 1iTt sf os-m ~u FORT WORTH CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 PROJECT: DEM 09-09: SPINKS REMOVAL OF ASBESTOS-CONTAINING MATERIALS AND DEMOLITION OF STRUCTURES w/e__c:cSf_ ~~ \ t- ~ Yo1dL m ~~ ~1-zzJ01 ..i:.~ f>M · AT SPINKS AIRPORT FORT WORTH, TEXAS May 12, 2009 Company Name Address City, State, Zip Date Garrett Excavation _Demolition '"rom: Sent: To: Subject: Attachments: jesse Uhinojosa@hyphengroupinc.com] Wednesday, June 17, 2009 11 :43 AM Garrett Excavation & Demolition Delivered : Fort Worth Sp inks Airport & Fire Station Abatement details.bet Your message was delivered to the recipient. 1 Garrett Excavation _Demolition rom: Sent: To : Subject: Attachments: jesse Uhinojosa@hyphengroupinc.com] Wednesday, June 17 , 20 0911 :43 AM Garrett Excavation & De m ol ition Read : Fort Worth Spinks Airport & Fire Station Abatement details .txt Your message was read by the recipient. Garrett Excavation _Demolition rom: To: Sent: Subject: Your message Jesse Hinojosa UHinojos a@hyphengroupinc.com] Garrett Excavation & Demolition Wednesday , June 17 , 200911 :43 AM Read: Fort Worth Spinks Airport & Fire Station Abatement ' 312 Faith Ct. Burleson.TX 76028 817-426-0082 Office 817-426-2307 Fax garrett_ demolition@sbcglobal .net Fax To: Ranken Environmental Fax: 1-972-236-2123 Phone: From: April Collmar Pages: 2 Date: 6/11/09 Re: City of Fort Worth : Fire Station #5 and cc: Spinks Airport Abatement Urgent D For Review D Please Comment D Please Reply • Comments: To Whom It May Concern : D Please Recycle We would like to request a quote from yo ur firm for the abatement portion of the above referenced projects . Please let me know if you are in terested in bidding either of these projects. Feel free to contact our office if you require add itiona l information . Thank you , April Collmar 'P{r-f-lt'Yl ""'---Vrv'\ ~~ ~fQ~ vJ06 ~ ~ 0 /t \ I I Garrett Excavation _Demolition rom: Sent: To: Subject: reggie@rankenllc .com Monday, June 22, 2009 11 :21 AM Garrett Excavation & Demolition Re : City of Fort Worth Fir e Station #5 & Spinks Airport Abatement & Demo Thank you for your consideration. We are an Environmental consulting company and it looks like HST is d oing the consulting on this project. I have forwarded th i s information on to two of the WBE con trl actors th at we do work with if that helps. Brian P. Smith T.E .C. Env ironmental . Inc. WBE & HUB Certif/ed Post Office Box 1449 Terre ll, Texas 75160 T: 972-524-9966 M: 214-325-2411 f : 972-524-3780 E: bsgrayco@sbcgloba l.net And ndra Bell w ith H & K Env ironmental samielb3030@yahoo.com Thanks again, Reggie Neal Vice President RANKEI\I ENVIRONMENTAL, LLC. P.O.Boxl18470 Carrollton , Texas 75011 E: reggie@rankenllc .com P: 214 -797 -9973 F: 972 -236 -2123 -----Original Message----- From: Garrett Excavation & Demolition [mailto :garrett_demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 03:06 PM To: reggie@rankenllc.com Subject: City of Fort Worth Fire Station #5 & Spinks Airport Abatement & Demo rom: Garrett Excavation & Demolition [mailto:garrett_demolition@sbcglobal.net] Sent: Wednesday, June 17 , 2009 2:06 PM To: 'reggie@rankenllc.com ' Subject: City of Fort Worth Fire Station #5 & Spinks Airport Abatement & Demo From: Garrett Excavation & Demolition [mailto:garrett_demolition@sbcg lobal.net] Sent: Wednesday, June 17, 2009 2:05 PM ·o: 'reggie@rankenllc.com' Subject: City of Fort Worth Fire Station #5 & Spinks Airport Abatement & Demo From: Garrett Excavation & Demolition [mailto:garrett_demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 2:02 PM To: 'reggie@rankenllc.com' Subject: City of Fort Worth Fire Station #5 & Sp i nks Airport Abatement & Demo Reggie , Please find attached the specs and i nfo for the Fi re St ation & Spinks Airport. I will be send ing a few separate ema i l w it h all the information. Feel free to contact our office i f you require additional information. April Collmar Garrett Excavation & Demolition Office 817·426-0082 Fax 817 -426 -2307 Email garrett de m olitio n @sbcg lobal.net Garrett Excavation _Demolition rom: Sent: To: glopeznstarcorp@aol .com Monday, June 22 , 2009 6:02 PM Garrett Excavation & Demolition Subject: Re: Read : Spinks Airport & Fire Station #5 Abatement quote we will be sending a proposal ------Original Message------ From : Garrett Excavation & Demolition To: glopeznstarcorp@aol.com Subject: RE: Read: Spinks Airport & Fire Station #5 Abatement quote Sent: Jun 22, 2009 4:09 PM Please let me know if you will providing us with a bid for either of these projects. -----Original Message----- From: glopeznstarcorp@aol.com [mailto:glopeznstarcorp@aol .com] Sent: Thursday, June 18, 2009 4:57 AM To: Garrett Excavation & Demolition Subject: Read: Spinks Airport & Fire Stat i on #5 Abatement quote Your message was read by the recipient. ent from my Verizon Wireless BlackBerry 1 \ 312 Faith Ct. Burleson .TX 76028 817-126-0082 Office 817-126-2307 Fax garrett_ demolition@sbcglobal .net Fax To: North Star Abatement Corp Fax: 972-288--0330 Phone: Re: City ofFort Worth : Fire Station #5 and Spinks Airport Abatement From: April Collmar Pages: 2 · Date: 6/11/09 cc: Urgent D For Review D Please Comment D Please Reply • Comments: To Whom It May Concern: D Please Recycle We would like to request a quote from yo ur firm for the abatement portion of the above referenced projects . Please let me know if you are int erested in bidding either of these projects . Feel free to contact our office if you require additional i nformation. Thank you , I ip/ r-t ~ I,'.)/ Jul~~ QJ..9 . ~cl \µ., lul.dd.~ ~1. ~~Co~ 9\ Gdd~ b'.- Qrn~(t. April Collmar ~(1.\-Ot1e\t'e_v C~ffi~\. \ Garrett Excavation Demolition rom: Sent: To: Subject: Attachments: To Whom It May Concern : Garrett Excavation & Demolition [garrett_demolition@sbcglobal.net] Wednesday, June 17, 2009 9:47 AM 'glopeznstarcorp@aol .com' Spinks Airport & Fire Station #5 Abatement quote 090601_DEM_ADD1 .pdf; 090608_DEM_addendum.pdf We faxed over a request for quote on the abatement portion of the above referenced projects on 6/11/09 . Pl 1ase find attached the addend urns that have been issued on both projects. Please feel free to contact our office if you require additional information. April Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 Email garrett demolition@sbcglobal.net Garrett Excavation Demolition rom: Sent: To: Subject: Attachments: glopeznstarcorp@aot.com Thursday, June 18 , 2009 4:55 AM Garrett Excavation & Demolition Delivered: Spinks Airport & Fire Station #5 Abatement quote detaits.txt Your message was delivered to the recipient. Garrett Excavation _Demolition rom: Sent : To : Subject: Attachments : glopeznstarcorp@aol .co m Thursday, June 18 , 2009 4 :57 AM Garrett Excavation & Demolition Read : Spinks Airport & F ire Station #5 Abatement quote details .txt Your message was read by the recipient. 1 Garrett Excavation _Demolition rom: Sent: To: Subject: Garrett Excavation & Demolition [garrett_demolition@sbcglobal.net) Monday, June 22 , 2009 4:09 PM 'glopeznstarcorp@aol.com' RE: Read : Spinks Airport & Fire Station #.5 Abatement quote Please let me know if you will providing us with a bid for either of these projects. -----Original Message----- From: glopeznstarcorp@aol .com [mailto:glo peznstarcorp@aol.com] Sent: Thursday, June 18, 2009 4 :57 AM To: Garrett Excavation & Demolition Subject: Read: Spinks Airport & Fire Stat i on #5 Abatement quote Your message was read by the recipient. Qarrett Excavation _Demolition From: Sent: To: Subject: Attachments: glopeznstarcorp@aol .com Monday, June 22, 2009 4 :09 PM Garrett Excavation & Demolition Delivered : RE : Read : Spinks Airport & Fire Station #5 Abatement quote details.txt Your message was delivered to the recipient . Garrett Excavation _Demolition om: Sent: To : Subject: Attachments: glopeznstarcorp@aol .com Monday , June 22 , 2009 4:40 PM Garrett Excavation & Demolition Read : RE : Read : Spinks Airport & Fire Station #5 Abatement quote details.txt Your message was read by the recipient . l 312 Faith Cl. Burleson .TX 76028 817-426-0082 Office 817-426-2307 Fax garrett_demolition@sbcglobal.net Fax To: Nations Environmental Services Fax: 972-725-9346 Phone: Re: City of Fort Worth : Fire Station #5 and Spinks Airport Abatement From: April Collmar Pages: 3 Date: 6/11/09 cc: Urgent D For Review D Please Comment D Please Reply • Comments: To Whom It May Concern: D Please Recycle We would like to request a quote from your firm for the abatement portion of the above referenced projects. Please let me know if you are interested in bidding either of these projects . Feel free to contact our office if you require additional information . Thank you , April Collmar Garrett Excavation _Demolition s=rom: ·ent: To: Subject: Ge o rge, Garrett Excavation & Demolition [garrett_demolition@sbcglobal.net] Wednesday, June 17 , 2009 10:36 AM 'empireenvirog@msn.com' FW: Spinks Airport & Fire Station #5 I I apolog ize, I did send th is request to you on 6/11. I guess this can serve as a reminder ! Please let me know i you will be biddin g either o f th ese projects. Thanks for your ti me . Apr il Collmar Gar rett Ex cava tion & Demolitio n 8 17-426 -0082 Offi ce 81 7-426 -2307 Fax From: Garrett Excavation & Demolition [mailto:garrett_demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 9:39 AM To: 'empireenvirog@msn .com' Subject: Spinks Airport & Fire Station #5 George, I believe that I already sent you this request, but we would like request a quote from your firm for the abatem nt ortion of the above referenced projects. Please let me know if you require additional information. \ April Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 Email gar rett d e rn o liti on@sbcg lobal.net 1 •.,l'. ·"i.' Garrett Excavation _Demolition Garrett Excavation & Demolition [garre tt_demolition@sbcgloba l.net] Monday , June 22 , 2009 4 :20 PM ·empireenvirog@msn.com ' FW: Spinks Airport & Fire Station #5 Please let me know if your firm w i ll be b idding t hi s proj ect. From: Garrett Excavation & Demolition [mailto :garrett_demolition@sbcglobal.net] Sent: Wednesday, June 17 , 2009 10:36 AM To : 'empireenvirog@msn.com' Subject: FW: Spinks Airport & Fi re Station #5 Ge orge, I apologize, I did send this req ue st to you on 6/11. I guess th is can serv e as a re mi nde r! Please let me kn o w i yo u will be bidding either o f the se p roj ec ts . Tha n ks fo r yo u r t ime . Apr il Col lm ar Garrett Excavation & Demoliti o n 817 -426-0082 Office 8 17-426-2307 Fax From: Garrett Excavation & Demolition [mailto :garrett_demolition@sbcglobal .net] Sent: Wednesday, June 17 , 2009 9:39 AM To: 'emp ireenvirog@msn .com' Subject: Spinks Airport & Fire Station #5 George , I believe that I already sent you this request, but we would like request a quote from your firm for the abatem\ent portion of t he above referenced projects . Please let me know if you require additional information. Apr il Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 Email garr ett dem o liti o n @sbcg lobal.net 1 VIA TO EMAIL Attn: April Collmar REFERENCE: Way North SCOPE OF WORK: Ms. Collmar, C.A.R.E.S. Clean Air Remediation Environmental Services PROPOSAL June 24, 2009 Abatement of Structures located at 816 Irma, 1250 Evans and 1264 E r ns Removal and disp o sal of ACM building material as per Part 1 General $ection, Asbestos Remova l Specifications 1.1.2 Extent of Work from each build i ng mentioned above. We propose to furnish all labor, materials a nd transportation for the removal and disposal of asbestos containing materials from the above-mentioned 8reas as per walk through. ASBESTOS REMOVAL COST .................................................... 10,500.00 The proposed sum includes: A). Project coordination with Owner and/or Owner representative. B). A full time licensed Superintendent will be at the job site for the extent of the entire project. Ad 1 ditionall y, CARES foremen and abatement technicians are licensed and experienced and provide the labor portion for successfully completing each project. C). Air Monitoring to be performed by an indepe ndent lab. D). A full week notice to CARES will be required to efficiently expedite mobilization . \ E). Labor is based on working Monday through Friday, 8 hours per day , for site preparation and remo(al 0). CARES will subcontract the waste haulin g and disposal to an independent, certified and lic e nsed firm specializing in waste transporting. The waste w i ll be disposed of in a federal/state-approved landfill T H). OWNER OR OWNER REPRESENTATIV IS REPONSIBLE FOR WATER AND ELECTRlCA l I). ANY ADDITION WORK, WILL BE CHARGED TO THE OWNERS J). Payment is due within 30 days after completion of project. We appreciate this opportunity and look forward to discussing any questions or clarifications that you may have regarding this proposal. Please do not hesitate to call me at (214) 324-1080. Sincerely, Sylvester White Garrett Excavation _Demolition From: Sent: Garrett Excavation & Demolition [garrett_demolition@sbcglobal.net] Tuesday, June 23, 2009 5:20 PM To: 'CARES' Subject: Spinks & Fire Station 5 Just a reminder to send your bids no later than 10 am tomorrow morning in order to be considered. April Collmar Garrett Excavation & Demolition Office 817-426-0082 Fax 817-426-2307 Email garrett demolition@sbcglobal.net 1 312 Faith Ct. Burleson , TX 76028 817-426-0082 Office 817-426-2307 Fax garrett_demolition@sbcglobal.net Fax To: CARES Fax: 214-324-7572 Phone: From: April Collmar Pages: 2 Date: 6/11/09 Re: City of Fort Worth : Fire Station #5 and cc: Spinks Airport Abatement Urgent D For Review D Please Comment D Please Reply • Comments: To Whom It May Concern : \ \ \ D Please Recycle We would like to request a quote from your firm for the abatement portion of the above referenced projects . Please let me know if you are interested in bidding either of these projects . Feel free to \ contact our office if you requ ire additional information . Thank you , April Collmar Garrett Excavation _Demolition From: Sent: Garrett Excavation & Demolition (garrett_demolition@sbcglobal.net] Wednesday, June 17 , 200910:09 AM To : 'CARES' Subject: Spinks Airport & Fire Sta tion #5 Abatemen t .lu st a reminde r that we sen t a r equest for quote fro m your firm o n 6/llfo r the abateme nt po rti o n o f th e ab ove referenced pro j ects . Ple ase let me know if yo u wi ll b e bidding ei t he r of these proj ec t s o r if yo u re q uire ad diti d nal i nfor ma ti on . Th ank s, Apr il Co llrnar Garrett Excav ation & Dem oli t io n 817-426-0082 Office 81 7-426 -2307 Fax From: CARES [mailto:cares2clean@sbcglobal.net] Sent: Tuesday, June 02 , 2009 3:25 PM To: garrett_demolition@sbcglobal.net Subject: Co. Lie Clean Air Remediation 8035 E RL Thornton F rwy Ste 5 l 8E Dallas , TX 75228 214-324-1080 phone 2 14-324-7572 fax 1 Garrett Excavation _Demolition From: <ient: f'o: CARES [cares2clean@sbcglobal.net] Wednesday, June 17, 2009 12:24 PM Garrett Excavation & Demolition Subject: Re : Spinks Airport & Fire Station #5 Abatement yes I will be sending a bid, out of town now but I will get it to you. Thanks, Sylvester Clean Air Remediation 8035 ERL Thornton Frwy Ste 51 SE Dallas, TX 75228 214-3 24-1080 phone 214-324-7512 rax \ ---On Wed, 6/17/09, Garrett Excavation & Demolition <gllrrett_demolition~bcglobal.net> wrot \: From: Garrett Excavation & Demolition <garret t_demolition@sbcglobal.net> Subject: Spinks Airport & Fire Station #5 Abatement To : "'CARES"' <cares2clean@sbcglobal.net> Date: Wednesday, June 17, 2009, 10 :09 AM Ju st a reminder that we sent a request for quote from your firm on 6/llfor the abatement portion of the ab dve ref ere nced project s. Please let me know if you w ill be bidding eith er of these projects or if you require addi tional informa t ion . Th anks, April Co llmar Garrett Excavation & Demolition 81 7-426-0082 Office 81 7-426-2307 Fa x From: CARES [mailto:cares2clean@sbcglobal.net] Sent: Tuesday, June 02, 2009 3:25 PM To: garrett_demolition@sbcglobal.net 1 Garrett Excavation _Demolition l=rom: ·ent: To: Subject: Attachments: Cactus Systems, Inc. [cactussystems@sbcglobal.net] Wednesday, June 24 , 2009 11 :04 AM Garrett Excavation & Demolition Re : Spinks Airport & Fire Station #5 Abatement City of FW Abatement Bids 6-24-09.pdf Attached are our bids for the City of Fort Worth Spinks Airport & Fire Station #5 projects. include bonding. These pricJ do not I Thank you, Courtney Perot Accounts Manager CACTUS SYSTEMS, INC. 2315 N . Main Street, Suite 140, Fort Worth, TX 76164 Phone 817-626-4791 Fax 817-626-4725 Website www.cactussystemsinc.com A general construction contractor specializing in environmental remediation . From: Garrett Excavation & Demolition <garrett_demolition@sbcglobal.net> To: "Cactus Systems, Inc." <cactussystems@sbcglobal.net> Sent: Tuesday, June 23, 2009 5:22:47 PM c;ubject: RE : Spinks Airport & Fire Station #5 Abatement Just a reminde r to submit your bids no later than 10 am tomorrow m orning in order to be considered . From: Cactus Systems, Inc. [rnailto:cactussystems@sbcglobal.net] Sent: Wednesday, June 17, 2009 10:22 AM To: Garrett Excavation & Demolition Subject: Re : Spinks Airport & Fire Station #5 Abatement Yes , we will supply you with a bid . Nelda CACTUS SYSTEMS, INC. 2315 N. Main Street , Suite 140, Fort Worth , TX 76164 Phone 817-626-4 791 Fax 817-626-4725 Website www .cactussystemsinc.com A general construction contractor specializing in environmental remediation. ~rom: Garrett Excavation & Demolition <garrett_demolition@sbcglobal.net> o: "Cactus Systems, Inc." <cactussystems@sbcglobal.net> Sent: Wednesday, June 17, 2009 10:13:54 AM Subject: FW: Spinks Airport & Fire Station #5 Abatement 1 I 2.4. Cost The undersigned hereby proposes to furnish the equipment, labor materials, superintendence , and any othe r Items or services necessary to complete the scope of services detailed in this Solicltation. Bids shall be firm priced offers unless otherwise specified . In Ule event of a discrepancy between unit price end extended price, the u,it price shall govern. *Quantities Identified In this Bid Package are estimated by the buldlng 0Vt11er and/or his dealgnee ; the Contractor Is responsible for verifying all qunltles. Contractors submitting Bids shall rely 8Kclutlvely and solely upon their own estimates, Investigation , research, tests , and other data, v.t.lch are neceeaa,y for full and complete lnformaUon upon v.tllch the Bid Is to be based. It la rrutually agreed that the aubmlulon of a Bid Is prlma-facle GYldence that the Contrador has made the lnveatlgatlonl , examination,, and teeta herein required . .. Claims for additional compensation due to variations between conditions actually encountered In the project and as indicated In the Contract Documents wtn not be allowed . The only exception Is if the Contractor can clearly show why the variation waa not idenUtlable prior to job commencement. 2-7 Garrett Excavation _Demolition From: Sent: Garrett Excavation & Demolition [garrett_demolition@sbcglobal.net] Tuesday , June 23, 2009 5:23 PM To: ·cactus Systems, Inc .' Subject: RE : Spinks Airport & Fire Station #5 Abatement Ju st a r emind e r t o sub m it your bids no later than 10 am tomorrow m orn i ng in order to be considered. From: Cactus Systems, Inc. [mailto:cactussystems@sbcglobal.net] Sent: Wednesday, June 17, 2009 10:22 AM To: Garrett Excavation & Demolition Subject: Re: Spinks Airport & Fire Station #5 Abatement Yes , we will supply you with a bid. Nelda CACTUS SYSTEMS, INC. 2315 N. Main Street, Suite 140, Fort Worth, TX 76164 Phone 817-626-4791 Fax 817-626-4725 Website www .cactussystemsinc .com A general construction contractor specializing in environmental remediation. ___ \ From: Garrett Excavation & Demolition <garrett_demolition@sbcglobal.net> -t-- To: "Cactus Systems, Inc." <cactussystems@sbcglobal.net> \ Sent: Wednesday, June 17, 2009 10:13:54 AM Subject: FW: Spinks Airport & Fire Station #5 Abatement ielda, I did ema il tl1is reque st t o you already on 6/11 . Any how, please let me know if you will be provid i ng us w i t h a id . Than k you! From: Garrett Excavation & Demolition [mailto:garrett_demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 9:34 AM To: 'Cactus Systems, Inc.' Subject: RE: Spinks Airport & Fire Station #5 Abatement Nel da, I believe that I already sent you this request, but we would like to req uest a quote from your firm for the Asbesto s Abatem ent po r t ion of t he above referenced project s. Please let me know if you require additional i nformatio1. April Collrnar l Garrett Excavation _Demolition From: 3ent : Cactus Systems. Inc.[cactussystems@sbcglobal.net} Wednesday , June 17 , 2009 10:22 AM Garrett Excavation & Demolition Re: Spinks Airport & Fire Station #5 Abatement Yes , we will supply you with a bid . Nelda CACTUS SYSTEMS, INC. 2315 N. Main Street , Suite 140, Fort Worth, TX 76164 Phone 817-626-4 791 Fax 817-626-4725 Website w ww .cactussystemsinc .com A general construction contractor specializing in environmental remediation . From: Garrett Excavation & Demolition <garrett_demolition@sbcglobal.net > To: "Cactus Systems, Inc." <cactussystems@sbcglobal.net> Sent: Wednesday, June 17, 2009 10:13:54 AM Subject: FW : Spinks Airport & Fire Station #5 Abatement I did email t h is reque st to yo u already on 6/11 . Any how, ple ase le t me know if yo u w ill be p rovidin g us w ith a id. Th ank you! From: Garrett Excavation & Demolition [mailto:garre t t_demolition@sbcglobal.net] Sent: Wednesday , June 17, 2009 9:34 AM To: ·cactus Systems, Inc.' Subject: RE: Spinks Airport & Fire Station #5 Abatement I beli eve that I already sent yo u thi s r equest, bu t we w ould like to r equ es t a quo t e from your firm fo r the Asbe ]tos Abatement portio n of th e ab ov e r eferen ced proj ects . Please let m e k now if yo u req ui re additi o na l in fo rmati o . Tl anks! April Collm ar Garr ett Excavati o n & Dem o liti o n 81 7 -426-0082 Office 81 7-426 -2307 Fax ram: Cactus Systems, Inc. [mailto:cactussystems@sbcglobal.net] Sent: Wednesday, June 10, 2009 2:22 PM 1 Garrett Excavation _Demolition From: 'ent: To : Subject : r,lelda, Garrett Excavation & Demolition [garrett_demolition@sbcgloba l.net] Wednesday , June 17, 2009 10 :14 AM 'Cactus Systems, Inc .' FW: Spinks Airport & Fire Station #5 Abatement I did email this r eque st t o you already on 6/11. Any how, ple ase le t m e kn ow if yo u w i ll be prov iding us w ith a id . Th ank yo u! From: Garrett Excavation & Demolition [mailto:garret t_demolition@sbcglobal.net] Sent: Wednesday, June 17, 2009 9 :34 AM To: ·cactus Systems, Inc.' Subject: RE: Spinks Airport & Fire Station #5 Abatement I elda , I believe that I already sent you this request , but we would like to r eq ues t a quote from yo ur fi r m fo r the Asbe . tos A' atement portion o f the abov e refe r enced projects . Please let me know if you re q uire add iti o n al info rrnat io 1 Thanks! '\p ril Collmar arr ett Ex cavati o n & Dem o liti o n 8 17-426-0082 Office 8 17-426 -2307 Fax From: cactus Systems, Inc. [mailto:cactussystems@sbcglobal.net] Sent: Wednesday, June 10, 2009 2:22 PM To: Garrett Excavation & Demolition Subject: Re : Fort Worth Alliance Abatment &. Demo April, They changed the way they want the bid . They want unit prices and they put the quantities in , which a e quite a bit over what the individual house quanties added up to . But, I th i nk they want everyone's numbers ba ed on the same quantity so they want unit pricing on these forms . That is my understanding . Nelda CACTUS SYSTEMS, INC. 2315 N. Main Street, Suite 140 , Fort Worth , TX 76164 Phone 817 -626-4791 Fax 817-626-4725 Website w ww .cactu ssys temsinc.com A general construction contractor specializing in environmental remediation. From: Garrett Excavation & Demolition <garrett_demolition@sbcglobal.net > To: "cactus Systems , Inc." <cactussystems@sbcglobal.net> 1 +-- Garrett Excavation _Demolition From: ,ent: Garrett Excavation & Demolition (garrett_demolition@sbcglobal.net] Tuesday , June 23 , 2009 5:25 PM 'Adam Hewitt' FW : Fire Station #5 and Fort Worth Sp inks Abatement Just a reminder t o su b mit your bids no later than 10 am tomo r row in orde r to be cons id ered. From: Garrett Excavation & Demolition [mailto:garrett_demolition@sbcglobal.net] Sent: Wednesday, June 17 , 2009 10:24 AM To: 'Adam Hewitt' Subject: Fire Station # 5 and Fort Worth Spinks Aba tement /J,da rn , Please let me kn ow i f you go i ng to b id either of thes e projects. Th ank s, Ap ril From: Adam Hewitt [mailto:adam@ae-s i.com] ,ent: Thursday, June 11, 2009 2:26 PM o: Garrett Excavation & Demolition Subject: Read: Fort Worth Spinks Abatement and Demo Your message 1 Garrett Excavation _Demolition s=rom: ent: o: Garrett Excavation & Demolition (garrett_demolition@sbcglobal.net] Wednesday, June 17, 2009 10:21 AM 'TEC Environmental' Subject: RE : City of Fort Worth -Spinks Airport -Asbestos Abatement Bid Th anks for subm itting your bid on the Spinks Airport project. I received another bid from your firm for this project on G/8 that was much cheaper! What happened to your numbers?? /-\r e there any changes to your numbers for the Fire St ation? Th an ks fo r your t ime! t.i.p ril Collma r From: TEC Environmental [mailto:tecenvironmental@sbcglobal.net] Sent: Monday, June 15, 2009 9:08 AM To: tecenvironmental@sbcglobal.net Subject: Fw: City of Fort Worth -Spinks Airport -Asbestos Abatement Bid TEC Environmental, Inc. WBE & HUB Certified Post Office Box 1449 Terrell, Texas 75160 : 972-524-9966 F: 972-524-3780 E: tecenv ironmental@sbcglobal.net ---On Mon, 6/15/09, TEC Environmental <tecenvirom11e11ta f@sbcglobal.net> wrote: From: TEC Environmental <tecenviro11mental@sbcglobal.net> Subject: City of Fort Worth -Spinks Airport -Asbestos Abatement Bid To: tecen vi ronme ntal (cu,sbcglobal.net Date: Monday , June 15, 2009, 7:04 AM Attached is an asbestos abatement bid for the City of Fort Worth Spinks Airport. Please do not hesitate to contact me if you have any questions or need additional information from our company while preparing your bid documents . We appreciate the opportunity to work with you . Sincerely , Raylan Smith 0wner TEC Environmental, Inc. WBE & HUB Certified Post Office Box 1449 1 Terrell, Texas 75160 T: 972-524-9966 F: 972-524-3780 E: tecenvironmental@sbcglobal.net 2 Garrett Excavation _Demolition From : Sent: Garrett Excavation & Demolition (garre tt_demolition@sbcglobal.net) Wednesday , June 17 , 2009 10 :24 AM To: 'Adam Hewitt' Subject : Fire Station #5 and Fo rt Worth Spinks Aba tement Ad am, Pl eas e let m e kn ow i f y o u go in g to b i d e i t he r o f the se proj ects . Than ks , /-\pril From: Adam Hewitt [mailto:adam@ae-s i.com ] Sent: Thursday, June 11, 2009 2:26 PM To: Garrett Excavation & Demolition Subject: Read : Fort Worth Sp inks Abatement and Demo Your message 1 . E. C . nv ir o nrne nta l J u ne 8 , 20C9 R e : Asbe stos Abatement 81 6 Irma Av enue 1264 Ev ans Avenue 1250 Evans Avenue reeti n gs : Po•t Office Box '.1449 Terrell , Tua, 7!i160 Telephone: 972-52,l-9966 Facalmlle: 972-52 l-3780 tecenvlronmental@sboglobal.net T .E.C. Proposal No. 5•:-11-09A ·.E .C. Enviro n mental , Inc. ('T.E.C.") agrees to perform all o f the services stipula t ed below at t h e pri ce q uoted for tne completion of this project. Th ere shall be no retainaoe f funds held o r the pa ment of this project, unless otherw ise specified and agree upor by -w ner/r ep r esentativ e an d T.E.C. T.E.C .'s pr ice. for tl1e asbestos abatement is quoted as follows and covers only ar •as spec ified b e1o w , sho uld quantities be amended pri ce is subject to change upon an adde ndum to this o r g na ! pro p sa l: ... 2 50 Evans Avenue, removal of: 67 5 s.f. 12 " 12" brown floor tile 5 10 s.f. po pcorn ceili ng texture & j oi nt compound '16 Irm a Avenue, removal of: 160 s.f. beige popcorn wall and ceiling 1 264, Evans Avenue, removal of: 30 0 s.f. r ed fl oor tile & mastic under pin k floor tile 200 s.f. bl ack ma stic under t ank floor cil e beneath carp e· Proposal Amount: $4,950.00 r oposaf Assumptions: (1.) T .E.C. Wo r k. Practices : (a.) Follow all Federal, State, and local regu lations to be in total comp li ance duri ng the asbestos removal ; (b.) Supply T exas State licensed supe rv isor(s ) and Texas State li censed 1 vorK er (s ) '"o · the asbestos abatement project. All workers will use full respirat1 r protectio n and disposable clothing , as per OSHA 29 CFR 1910 and 1926 reg ula ti ons ; 1.E.C . Env imnmenta! Serv ice Company ,· sbestos Abut.emem Proposal 6/l/2 Pagi 1 of 3 (c.) Build containments around the areas containing asbestos ; (d.) Supply the containment with controlled environmental pressure:; to ass u re safety ; (e.) Wet wipe and HEPA vacuum all structures and related surfaces wher necessary ; (f.) Encapsulate all of the abated surfaces ; (g.} Double-bag all of the asbestos contam inated waste and load the bags into a plastic lined waste trailer for manifesting ; (h.) Fill out all of the hazardous materials manifests and have a li cense . transporter take the materials to an EPA approved landfill for manifesting ; (i.) Prov ide all documentation to your company for recordinq p ur oses . ,i documentation will ret)ect all final results of the proj ect. · (2.) Water & Powe r/ Remobilization : T.E .C. assumes suitable wate r and power serv ice will be available with in 011 applicabl e vvorf' are as at cost of others (i.e . owner). Sho uld T .E.C. mobilize to the pr ject site or t t,e scheduled start date (or any date within th e notification timeline ) and 1 vater and /or elec tricity are not available there will be add itional remobilization f ee f $1,750.00 charg ed to th e property owner / representative . Additiona l charges will ap ply if T.E.C. rn ust assume r esponsibility for w ;:i ter and electricity. Shou ld T.E.C. need to remobilize to the abov e r eferenced project due t o the ac tion s and /o r esponsibilities of the owner / represen t ative for reasons other tha 1 wate r an G pov11er, inducting , but not limited to limited access to site , other su t:-c ontra ctor's progress and/or lack there of, etc, a fee of $1,75 0.00 shall also apply . (3~) 0Sl1A Ai r rv·tonitoring : Unless otherw ise specified in writi ng , T .E.C. does not assume financial re s o nsibi li ty fo con ducting air monitoring activities on worker personnel. Additional cha r ge. wil l app ly if T.E.C. must assume responsibilit·y fo r OSHA mon itoring. ('roposa! Exclusions: (1.) Proj ect are a secu rity , project des ign, and 3rd pa rty amb ient air monitorin g a ivities. (2. Rep iacernent or repa ir of any b uil ding co rriponents, sys tems , or mate ri als . (3.) DSh S Regu lator , Notification ee s. (t..) Remov al or remedial action r equ ired fo r any ha za rdous materials not includ ·'d within the p rovid ed specification documents. T h e above w ork will be completed in a substantial and workmanlike manner according to in dustry standard practices. All invoices are dlle and payable upon receipt, and sh a ll be paid in .-11 within 15 da ys thereafter. Any alteration or deviation from the above peciflcations involving add itiona l costs of material, equipment, and/or labor will be execute ·! only u po n ritten orders and will become an additional charge ove r and above the amo nt specifi ed herein . An y and all modifications to this proposal shall be in writing . This proposa l is sub ject to T.E.C . Environment.a ! Serv ice Company Asoestos An~tem ent Pro posa l Pag 2 o! 3 ur r e-eva i uation if it is not accepted and a contract executed within thirty (30 ) da ys o · t he a bove d ate . espectfu Hy cc ubrn itted for: T.E.C. Environmenta, Inc. Sy: _ 1-~ 8ria1 P. Srni t.h Acceptance of Proposal&. A ward of Contract Upor your cic ceptance of the above proposal and awa rd of contract , p lease si g n be low anci an o ·i gin ai co n tract will be forwarded to yo u for you r revi ew and signature. T itle: Da te : Con t rn ct I n ·ormatioo.: Co mpan , Nam e : Contact: Ad d ress : T elep ho ne : Facsim ile: Ema il : Oth er: f..dc.end um t o Contract : T.!:.C. Envi ronmental Service Company /· . tx,s tos Aba tement Pro po sal 61' /2 00 Page 3 of 3 2 .10. Statement of Residency The following information is required by the City of Fort Worth in order to comply with provisions of state law , TEXAS GOVERNMENT CODE § 2252 .001 , State or Political Subdivis ion Contracts for Construction , Supplies, Services; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in \ its response to a bid invitation. Failure to provide the required information shall result in your bid being declared non-responsive. Bidders' cooperation in t his regard will avoid costly time delays in the award of bids by the City of F1ort Worth . For this reason, each Bidder shall complete and return, with its bid, the Statement of Residency Form. Failure to provide all required information shall result in the bid being cons idered non-responsive . TEXAS GOVERNMENT CODE § 2252 .001 defines a Texas "Resident Bidder" as a bidder whose principal place of business* is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252.001 defines a "Nonresident Bidder" as a bidder whose parent company or majority owner does not have its principal place of business* in the state of Texas . Bidder 's complete company name Bradley J Garrett dba Garrett Excavat i on & State your business address in the adjacent space provided if you are Demolition a Texas Resident Bidder: 312 Faith Ct., Bur l eson, TX 76028 State your business address in the adjacent space provided if you are a Nonresident Bidder: N/A *The State Purchasing and General Services Commission defines Principal Place of Business as follows : Principal Place of Business in Texas means , for any type of business entity recognized in the State of Texas, that the business entity o has at least one permanent office located within the State of Texas, from which business act ivities other than submitting bids to governmental agencies are conducted and from which the bid is submitted , and o has at least one employee who works in the Texas office Form (Section 2.10) prepared by: Name Bradley J Garret t~4~ Title Owner Date 6/2s;2009 2.11. Nondiscrimination All City contractors are required to comply with Chapter 17 , "Human Relations ," Article Ill, "Discrimination ," Division 3, "Employment Practices ," of the Code of the City of Fort Worth, prohib iting discrimination in employment practices . Contractor agrees that Contractor , its employees, officers , agents , or subcontractors, have fully complied with all provisions of such Ordinance , and that no employee , participant, applicant , contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Contractor , its employees , officers , agents , or subcontractors herein. CONTRACTO~ ~~ Signature Bradley J Garrett Name Owner Title Garrett Excavation & Demolition Company 6/25/2009 Date 2-13 2.12. Prevailing Wage Rates and Davis-Bacon Act The Contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE , Chapter 2258 , with respect to payment of Prevailinb Wage Rates for public works contracts and the Davis-Bacon Act, whichever if higher for building and construction trades. Copies of these rates are locatep below and made a part thereof the same as if it were copied verbatim herein . Contractor(s) agree(s) to forfeit as a penalty to the City ten dollars ($10 .00) tdr each laborer, workman, or mechanic employed , for each calendar day , 9r portion thereof for such laborer, workman, or mechanic who is paid less th 9t the required rates for any work done under this contract, by it, or by any subcontractor under him/her. The current wage scale for members of the Build i ng and Construction trade immediately follows this section . A worker employed on a public work by or on behalf of the City of Fort Worth sha I be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed ; and not less tha ~ the general prevailing rate of per diem wages for legal holiday and overtime workl A worker is employed on a public work if the worker is employed by a contracto r or subcontractor in the execution of a contract for the public work with the City of Fort Worth . The contractor who is awarded a public work contract, or a subcontractor of th ~ contractor, shall pay no t less than the prevailing wage rates to a worker employe ~ by it in the execution of the contract. A contractor or subcontractor who violate~s this requirement shall pay to the City of Fort Worth , $60 for each worker employe for each calendar day or part of the day that the worker is paid less than the wag rates stipulated in the con tract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate . DAVIS BACON REQUIREMENTS (29 CFR Part 5) 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in th e wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics . Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics , subject 2-14 to the provisions of paragraph (1 )(iv) of th is section ; also , regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans , funds , or programs which cover the particular weekly period , are deemed to be constructively made or incurred during such weekly period . Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed , wit hout regard to skill , except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classificat ion for the time actually worked therein : Provided, That the employer's payro ll records accurately set forth the time spent in each class ification in which work is performed . The wage determ ination (including any additional classification and wage rates conformed under (1)(ii ) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the sit e of the work in a prominent and accessible place where it can easily be seen by the workers . (ii)(A) The contracting officer shall requ ire that any class of laborers or mechanics , including helpers , which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determ inat ion . The contracting officer shall approve an additional classificat ion and wage rate and fr inge .benefits therefore only when the following criteria have been me t: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination ; and (2 ) The classificat ion is utilized in the area by the construction industry ; and (3) The proposed wage rate , including any bona fide fringe benefits , bears a reasonable relationship to the wage rates contained in the wage determ ination. (B) If the contractor an d the laborers and mechanics to be employed in the classification (if known}, or their representatives , and the contract ing officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate}, a report of the action taken shall be sent by the contracting officer to the Admin istrator of the Wage and Hour Division , Employment Standards Administration , U.S. Department of Labor , Washington , D.C . 20210 . The Adm inistrator , or an authorized representat ive , will approve , modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additiona l time is necessary . (C) In the event the contractor , the laborers or mechan ics to be employed in the classificat ion or the ir representatives , and the contract ing officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions , including the views of all interested parties and the 2-15 recommendation of the contracting officer, to the Administrator for determination . The Adm i nistrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary . (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1 )(ii) (8) or (C) of this paragraph , shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification . (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics i ncludes a fringe benefit which is not expressed as an hourly rate , the contractor shall either pay the benefit as stated i n the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person , the contractor may cons ider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found , upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program . 2 Withholding . The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract w it h the same prime contractor , or any other Federally- assisted contract subject to David-Bacon prevailing wage requirements , which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechan ics , including apprentices , trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee , or helper, employed or work ing on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may , after written notice to the contractor, sponsor , applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance , or guarantee of funds until such violations have ceased . 3. Payrolls and basic records . (i) Payrolls and basic records relating thereto shall be mainta ined by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work . Such records shall contain the name , address , and social security number of 2-16 each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1 (b)(2)(B) of the Davis- Bacon Act), daily and weekly number of hours worked , deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably ant icipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible , and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in provid ing such benefits . Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs , the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly , for each week in which any contract work is performed, a copy of all payrolls to the applicant , sponsor, or owner , as the case may be, for transmission to the Federal Aviation Administration . The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above . This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office , Washington , O.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors . (B) Each payroll submitted shall be accompanied by a "Statement of Compliance ," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for t he payroll period contains the information required to be maintained under paragraph (3)(i) above and that such information is correct and complete ; (2) That each laborer and mechanic (including each helper , apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned , without rebate , either directly or indirectly , and that no deductions have been made either directly or indirectly from the full wages earned, other than perm issible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 2-17 (C) The weekly submiss ion of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code . (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection , copying or transcription by authorized representatives of the Sponsor , the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interv iew employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federa l agency may , after written notice to the contractor, sponsor , applicant or owner , take such action as may be necessary to cause the suspension of any further payment , advance , or guarantee of funds . Furthermore , failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12 . 4 . Apprentices and Trainees . (i) Apprentices . Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor , Employment and Training Administration, Bureau of Apprenticeship and Training , or with a State Apprenticeship Agency recognized by the Bureau , or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program , who is not individually registered in the program , but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice . The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate , who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed . In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered , the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shal l be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified 2-18 in the applicable wage determination . Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program . If the apprenticeship program does not specify fringe benefits , apprentices must be paid the full amount of fr inge benefits listed on the wage determination for the applicable classification . If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau , withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved . (ii) Trainees . Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approva l, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration . The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration . Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress , expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination . Trainees shall be paid fr inge benefits in accordance with the provisions of the trainee program . If the trainee program does not mention fringe benefits , trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than fu ll fringe benefits for apprentices . Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed . In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed . In the event the Employment and Training Administration withdraws approval of a training program , the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved . (iii) Equal Employment Opportunity . The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246 , as amended , and 29 CFR Part 30 . 5. Compliance with Cope land Act Requirements . The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 2-19 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Admin istration may by appropriate instructions require , and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts . The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7 . Contract Termination : Debarment. A breach of the contract clauses in paragraph 1 through 1 O of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12 . 8. Compliance with Davis-Bacon and Related Act Requirements . All rulings and interpretat ions of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9 . Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance w ith the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7 . Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency , the U.S. Department of Labor, or the employees or their representatives . 10 . Certification of Eligib il ity . (i) By entering into this contract , the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or fi rm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5 .12(a)(1 ). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ). (iii) The penalty for making false statements is prescribed in the U .S. Crimina l Code, 18 U.S.C. 1001 . The undersigned acknowledges the requirements of Chapter 2258 of the Texas Government Code and the Davis Bacon Act, and intends to comply with same in the execution of this pro ject. 2-20 Bradley J Garrett Name Owner Title Garrett Excavation & Demolition Company 6/25/2009 Date 2-21 Davis Bacon Wage Rate General Decision Number: TX070046 05/11/2007 TX46 Superseded General Decision Number: TX20030046 State: Texas Construction Type : Heavy Counties : Johnson. Parker and Tarrant Counties in Texas . Heavy Construction Projects (Inc luding Water and Sewer Lines) Modification Number Publication Date 0 02/09/2007 1 05/11/2007 * PLUM0146-002 05/01/2007 Plumber/Pipefitter Carpenter Concrete Finisher Electrician Form Setter Laborers : Rates $ 24 .56 $ 10.40 $ 9 .81 $ 13 .26 $ 7 .86 Common $ 6.37 Utility $ 8.09 Painter $10 .89 Pipelayer $ 8.43 Power equipment operators : Fringes $6 .66 $3.64 Backhoe $ 11 .89 $3.30 Bulldozer $ 10 .76 Crane $ 13 .16 $3 .30 Front End Loader $ 10 .54 Mechanic. $ 10 .93 Scraper $ 10 .00 Reinforcing Steel Setter $ 10 .64 Truck Driver $ 7 .34 Welders -Receive rate prescribed for craft performing operation to which welding is incidental. -------------------------------------------------------------------------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the class ifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above , the "SU" des ignation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates . Other designations indicate unions whose rates have been determined to be prevailing. 2-22 City of Fort Worth Building & Construction Trades Prevailing Wage Rates For 2008 Classifications Hourly Rates Classifications Hourly Rates Air Conditioning Mechanic $23 .95 Sheetrock Hanger $13 .37 Air Conditioning Mechanic Helper $15.00 Sheetrock Hanger Helper $9.48 Acoustic Ceiling Installer $16.25 Sprinkler Svstem Installer $20 .50 Acoustic Ceiling Installer Helper $10 .53 Sprinkler Svstem Installer Helper $11 .00 Bricklaver/Stone Mason $19 .88 Steel Worker Structural $19 .72 Bricklaver/Stone Mason Helper $10.54 Steel Worker Structural Helper $11 .71 Caroenter $19.03 Welder $18 .82 Carpenter Helper $14 .69 Welder Helper $13.95 Concrete Finisher $14 .95 Concrete Finisher Helper $10 .09 Concrete Form Builder $15.40 Concrete Form Builder Helper $8 .81 Drvwall Taoer $13 .00 Drywall Taper He lper $11 .70 Electrician Journeyman $23 .00 Heavy Equipment Operators Hourlv Rates Crane , Clamshell, Backhoe , Derrick , Electrician Helper $16.51 Dragline Shovel $20.17 Electronic Technician $23 .18 Forklift Operator $13 .33 Electronic Technician Helper $13.36 Foundation Drill Operator $17 .55 Floor Layer (Carpet) $15 .17 Front End Loader Operator $13.16 Floor Laver (Resilient) $20.72 Truck Driver $17 .17 Floo r Laver Heloer $13 .72 Glazier $21 .92 Glazier Helper $15 .82 Insulator (PiPel $17 .95 Insulator Helper (Pipe) $13.40 Laborer Common $11 .93 Laborer Skilled $14 .98 Lather $18 .60 Lather Helper $11 .12 Metal Building Assembler $14 .29 Metal Build ing Assembler Helper $9 .33 Painter $17.42 Painter Helper $8.00 Pipefitter $20 .82 Pipefitter Heloer $14.77 Plasterer $19 .93 Plasterer Helper $14 .16 Reinforcing Steel Setter $12 .50 Roofer $14 .00 Roofer Helper $10.00 Source is Fort Worth Chapter Sheet Metal Worker $19.45 Associated General Contractors (www.Quo in .org) Sheet Metal Worker Helper $14 .52 01/30/2008 2-23 2.13. Insurance Certificates A successful Contractor will be required by the contract to have insurance coverage as detailed below . Contractor must provide Certificates of Insurance in the amounts and for the coverages required to the Environmental Management Department, Administrative Offices , within 14 calendar days after Notice of Award . (a) Insurance coverage and limits : (b) 1. 2. 3 . 4 . 5 . 6 . Commercial General Liabil ity Insurance o $1 ,000 ,000 each occurrence o $2 ,000,000 aggregate Professional Liability Insurance -NOT APPLICABLE. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: o $1 ,000,000 per accident on a combined single limit basis or: o $500 ,000 bodily injury each person ; $1 ,000 ,000 bodily injury each accident; and $250 ,000 property damage The named insured and employees of Contractor shall be covered under this policy . The City of Fort Worth shall be · named an Additional Insured , as its interests may appear. Liability for damage occurring while loading , unloading and transporting materials collected under the Contract shall be included under this policy. Worker's Compensation o Coverage A : statutory limits o Coverage B: $100,000 each accident $500 ,000 disease -policy limit $100 ,000 disease -each employee Environmental Impairment Liabil ity (Ell) and/or Pollution Liability $2 ,000,000 per occurrence . Ell coverage(s) must be included in policies listed in subsections 1 and 2 above ; or, such insurance shall be provided under separate policy(s). Liabil ity for damage occurring while load ing, unloading and transporting materials collected under the contrac t shall be included under the Automobile Liability insurance or other policy(s). Asbestos Abatement Insurance -$2 ,000 ,000 each occurrence with no Sunset C lause . Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the contract. 2-24 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials , agents , and volunteers as respects the contracted services . 2. Certificate(s) of Insurance shall document that insurance coverage specified according to items in section 2.13(a) are provided under applicable policies documented thereon . 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements . 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice sha ll be acceptable in the event of non-payment of premium . Such terms shall be endorsed onto Contractor's insurance policies . Notice shall be sent to Brian Boerner, Director, Environmental Management Department, City of Fort Worth, 1000 Throckmorton St., Fort Worth, Texas 76102 . 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City ; and , such insurers shall be acceptable to the City in terms of their financial strength and solvency . 6. Deductible li mits, or self-insured retentions , affecting insurance required herein shall be acceptable to the City in its sole discretion ; and, in lieu of traditional insurance , any alternative coverage maintained through insurance pools or risk retention groups must be also approved . Dedicated financial resources or Letters of Credit may also be acceptable to the City . 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. 8. The City shall be entitled, upon its request and without incurring expense , to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion , the Contractor may be requ ired to provide proof of insurance premium payments . 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions . 10 . The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead . 2-25 11 . All insurance required in Section 2.13(a) above , except for the Professional Liability insurance policy , shall be written on an occurrence basis in order to be approved by the City . 12 . Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance . Notwithstanding anything to the contrary contained herein , in the event a subcontractor's insurance coverage is canceled or terminated , such cancellation or termination shall not const itute a breach by Contractor of the contract. FOR PURPOSES OF EVALUATING THIS BID, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE{S) HERE AND BOUND WITHIN THE BID PACKAGE. 2-26 05/1 8/2009 1 3:2 5 8174472454 HARMON IN S PAGE 01/0 1 I A...._co3 "' I OAT£ (MM/00/YYYY ) CERTIFICATE OF L IABILITY INSURANCE 5/18/2009 PROOUCm THIS C ERTIF ICATE IS ISSUED AS A MATTER OF INFORMATION HARMON INSURANCE AG£NCY ONl.Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOE:S NOT AMEND , EXTEND OR ?5Q NW Tarrant Ave Suite A Al.TER TiiE COVERAGE AFFORDED BY THE POLICIES BELOW . u rleson, TX 76028 i ( 81 7 ) 4 4 7 -15 4 ·4 INSURERS AFFORDING COVERAGE NAICI - I INSl]qED GARRETT EXCAVATION & DEMOLITION INSURER r.:. MONTPELIER us INS co DRADLEY J GARRETT INSURER B: SOUTHERN COUNTY MUTUAL I i 312 FAITH CT INSURER C: ESSEX INSURANCE COMl?ANY I I BURLESON , TX 76028 INSURER D: TEXAS MUTUAL i 1817-426-0082 i INSURER E: COVERAGES I. THE POLICIES OF INSURANCE LISTED BELOW HAVI! 8EF.N ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATI:D. NO'TWITHSTANOING I ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OT HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I MAY PERTAIN , THE INSURANCE AFFORDED !IY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUC H POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 1·~~ ~~~ POLICY NUMBER POLICY EFFEC TIVE i;~~~L~~r LIMITS TYPI' m:: IN"' ,au.It"" 0 ... TE IMM/00/YYYY I i I ~NERIII. LIAlll l.l TY E/\CH OCCU!\RENCE s l 000 .000 I .JL CDMMERCllll CENEAIIL LII\BILITY P~18es 'te;~~~:'..."enr.o1 s 50 000 _ Al =1 CLAIMSM/101: [iJ OCCUR MEO EXP (My one peraon 1 J 1 6 '00 l -MP0042004000001 07/25/08 07/25/09 PERSONAL ~ MJV INJURY s 1 000 000 I -GENERAL .._GGREGATE s 2 .000 .000 -OE N'L AGGREGATE l lMIT APPLIES l"ER PRODUCTS • COMP/OP AGO $ 2 000 000 ' x i PO LICY 11 ~~ n LOC IIU TOMOOILE LIAlll LITY COMBIHEO SINGLE LIMIT 1 ,000 ,000 (Ea ac:cldari ) $ I M YIIUT O .. I. ALL OWNED AUTOS BODIL V INJURY f-(PN Pft(IIOOI $ ~ SC HED UL ED IIUTOS B ..x HIRED IIUTOS STC77002 07/21/08 07/21/09 lilOOIL Y INJURY s ..x NON-OWNl;D AUTOS (PIW aoddent) -PROPERTY 01\MIIGE $ , ..... (Pe r IICC:ldfflt) -··-··· -OAAAGE LI ABIL ITY f\UTO ONLY . EA ACCIDENT s R #IYAUTO EAACC $ - I OTHER THAN ; AUTO ONLY ; AOG • ' EXCESS / UMBRELLA LIAB ILITY EACH OCCURRENCE $ 5 000 000 jl\ OCCUR C l CLAIMS MI\OE I\GGREGATE s i XOVA200008 11/04/0 0 11/04/09 s ! C Fl DEDUCTll)l ,E $ ' ' RETENT ION ' $ \ WORKERS COMPENSATIOH X IT~~l~J}I.~ I jOJ~· I ' AND EMPlDYERS' lWllllTY Y /~ 04/30/0 9 04./30/10 000 000 ! Al<Y J"l'OPRl!!"TOR/!'A=CUTl\/1; D 0001189793 i.L, EACH ACCIDENT s 1 Ol'l'IOl!M.t!!lllll!R l!XCLUDE01 f .L D1SMSE • Ell EMPl.OYa: 1.000 000 D (l,Wtd1to,y '" NII) s ' If ~ aucrlbe under , s ·C IAI , PROVISIONS i;nro.,, E.L. DISl;ASE -POLICY LIMIT $ 1.000.000 ' omF.R I l DE SCRIPTION OF DPERIITIONS / l OCI\TIONS / VfHIClES / fXCLUSION8 ADOF.O ~y F.NDORSF.MENT I SPF.Cr.t.l , pqOVISIONS ' j : -CERTIFICATE HOLDER Bid Purpose only A CORD 2S (2009/01) CANCELLATION tllOUI.D /II('( o, fflll MCM! Dl!IICRllll!O l'OUCln 1111 CNIC@LLM llll'OII~ THf. EUIRATION 3 0 DAYS WRITTEN NOT!Cr. TO nit! U"T11'1CAff IIOU>fll NAIM!D TO THI! un, IIUT ,AIL.Utu! TD DO eo SHAU.. ®1988 00 ACORD CORPORATION. All rights reserved. • The ACORD name and logo are registered marks of ACORD 2 .14. Workers Compensation Insurance Coverage A . Definitions : Certificate of coverage ("certificate "). A copy of a certificate of i nsurance , 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 i nsurance cove rage for the person or entity 's employees provid i ng services on a project, for the du ration of the project. Duration of the pro j ect-i ncludes the time from the beginn ing 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 serv ices on the proj ect ("subcontractor" in Texas Labor Code , 406 .096) -includes all persons or ent iti es performing all or part of the services the Contractor has undertaken to perform on the project . regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees . This inc ludes , without limitation , independent Contractors . subcontracto rs, leasing co mpan ies . motor carriers , owner-operators . employees of any such entity , or employees of any entity , wh ich furnishes persons to prov ide services on the pro j ect. "Services" include , without li mitation , providing, hauling, or delivering equ ipment or materials . or prov iding labor , transportation , or other service related to a project. "Services" does not include activities unrelated to the project , suc h as food/beverage vendors , office supply deliveries , and delivery of portable toile ts. B . The Contractor shal l provide coverage , based on proper reporting of classification codes and payroll amoun ts and filing of any coverage agreements , which meets the statutory requiremen ts of Texas Labor Code , Section 401.011 ( 44) for all employees of the Contracto r providing services on the project , for the duration of the project. C . The Contractor must provide a cert ificate of coverage to the C ity pr ior to be i ng awarded the contract. D . If the coverage per iod shown o n the Contractor's current cert ificate of coverage ends during the durat ion of the project , the Contractor must . prior to the end of the coverage pe riod , file a new certificate of coverage with the City showing that coverage has been exten ded . E . The Contractor sha ll obtain from each person providing services on a project , and provide to the City : (1) a certificate of coverage , pri or to that person beginning work on the project . so the City wi ll have on file certificates of coverage showing coverage for all persons providing services on the project ; and (2) no later than seven (7) days after receipt by the Contractor , a new 2-27 certificate of coverage showing ext ension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 2-28 ---~-~ -:.·[.:.-'· .. -' ":" . ..... -···-· B . The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. C . The Contractor shall notify the C ity in writing by certified mail or personal del ivery , within ten (10) days after the Contractor knew or should have known , of any change that materially affects t he provision of coverage of any person providing services on the project. D . T he Contractor shal l post on each site a notice , in the text , form and manner prescribed by the Texas Workers ' Compensation Comm ission , informing all persons providing services on the pro1ect that they are required to be covered , and stating how a person may verify coverage and report lack of coverage . (see paragraph II) E . The Contractor shall contractually requ ire eac h person with whom it contracts to prov ide services on a project , to : ( 1) provide coverage , based on proper reporting on classification codes and payroll amount and filing of any coverage agreements , which meets the statutory requirements of Texas La bor 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 tha t coverage is being provided for all employees of the person provid in g services on the project , for the duration of the project ; (3) prov ide the Contractor , prior to the end of the coverage period , a new certificate of coverage showing ext ension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; ( 4) obtain from each other person with whom it contracts , and provide to the Contractor: (a) a certificate of coverage , pri o r to the other person beginning work on the project ; and (b) a new certificate of covera ge showing extension of coverage , prior to the end of the coverage per iod . if the coverage period shown on the current certificate of coverage ends during the duration of the project ; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the City i n writing by ce rt ified mail or personal delivery , within ten (10) days after the person knew o r should have known , of any change that materially affects the provision of coverage of any person providing services 2-29 on the project; and (7) contractual ly requ ire 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 th ey are providing services . J . By signing this contract or prov idin g or causing to be provided a certificate of .. ____ -.-~ coverage, the Contractor is represen ti ng to the City that all employees of the ··-···-: ... -.. ,:.:,::·. Contractor who w ill prov ide services on the project will be covered by workers' compensation coverage for the durati o n 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 w ith the appropriate insurance carrier or , in case of a self-insured , with the commission 's Division of Self-Insurance Regulation . Providing false or mislead ing information may subject the Contractor to administrative penalties , criminal pe na lties , civil penalties or other civil actions . K . The Contractor's fa ilu re to comply wi th any of these provisions is a breach of contract by the Contractor wh ich entit les the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity . L. Contractor posting required . The Contracto r shall post a notice on each project site informing all persons providing services on the project th at they are required to be covered , and stating how a person may verify cu rrent coverage and report failure to provide coverage . This notice does not s atisfy other posting requirements imposed by t he Texas Workers ' Compe nsat ion Act or other Texas Workers ' Compensation comm ission rules . T h is notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type , and shal l be in both English and Spanish and an y other language common to the worker __ ., _ population . The text for the notic es shall be the following text. without any additional words or changes : "REQUIRED WORKERS ' COMPENSATION COVERAGE" "The law requires that each perso n working on this site or providing services related to this construction p roject must be covered by workers ' compensation insurance. This includes persons providing , hauling , or delivering equipment or materials , or prov iding labor or transportation or other service related to the project , regardless of the identity of their employer or status as an employee." "Call the Texas Worker's Compensation Commission at 5 12/440-3789 to receive information o n the legal requirement for coverage , to verify whether your employer has provided the re q u ired coverage , or to report an employer's failure to provide coverage ." 2-30 CONTRACTOR COMPLIANCE WITH WORKERS ' COMPENSATI ON LAW P ursuant to V.T.C.A . Labor Code , Section 406 .096 Contractor certifies tha t it prov ides Workers' Compensation insurance coverage to r all of its employees employed on the public project to abate asbestos/demolition in the unit identified i n th is contract. STA TE OF TEXAS} COUN TY OF TARRANT} Ga r rett Ex c a vation & Demo li tion C ontractor Own e r T itl e 6 /2 5 /2 009 D ate BEFORE ME , the unders igned authori ty, on th is day personally appeared __ _ Bra dl e y J Garr e tt , known to me to be the person whose name is subscribed to the foregoing i nstrument, and acknowledged to me that he executed the same as the act and deed of for the purposes and cons iderat ion there i n expressed and in the ca pacity therein stat:d~---rn ~~~:IV)EN UNDER MY HAND AND SEAL OF OFFICE thi~ __ d d~ay of '\__3-JJ--~ 1t'~, 2001, 1 2-31 2.15. Contractor's Responsibilities Contractor is responsible for becom ing familiar with the character , quality , quantity of work to be performed , materials and equipment required . Contractor shall procure all permits an d licenses . pay all charges , costs , and fees , and g ive all not ices necessary and in cident to the due and lawful prosecution of the work , un less otherwise specified in thi s Inv ita ti on to Bid . All costs associated with preparing a B id in response to the Solicitation shall be borne by the Bidder. T he undersigned acknowledges the re qui rements of this section , and intends to comply w ith same in the execution of this project. CONTRAC,l,OR : ~&dflt=-Signa ture ~ Bra dl e y J Ga rrett Name Owner T itle Ga rre t t Ex cava t ion & De mo li t i o n Company 6 /25 /2009 Da te 2-32 2 .16. Contractor's Legal and Compliance History Contractor's lega l and compliance his tory is a critical component of this Invitation to Bid . Read this section with care and respond accordingly . Failure of the Contractor to provide a ll the informat ion requested and to certify the report, will result in the Contractor's submittal bei ng declared non-responsive . Contractor shall attach a written report of legal action brought against Contractor, Contractor's officers , Contractor's employees, ANO Contractor's proposed -·, ~ .. subcontractors relating to the protec tion of the environment. The terms "legal action " and "relating to the protection of the environment" are defined below . The report shall include all legal ac tion brought within five (5) years of the closing date of this Invitation to Bid . T he report shall detail the substance, status , and outcome of such legal action . This includes without limitation the names of the agency and/or persons bringing the action , all relevant dates, and all fines , judgments , and/or settlements . Include the following information for each case at a minimum : • Style of Case ( X vs . Y ) • Settlement Information (as appropriate) • Cause Number • Names I Addresses of all parties named • Court • Counsel List and phone numbers • Date of Disposit ion • Judgment and Order of Judgment "LEGAL ACTION" means : ANY e nforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration , any other federal agency , the Texas Commission on Environmental Quality (including its predecessor agency the Texas Natural Resource Conservation Commission ), the Texas Department of State Health Services (including its predecessor agency the Texas Department of Health), and any other state agency , commission or department , whether in Texas or elsewhere , when such enforcement action is a result of violations . real or alleged , of any laws , licenses, permits , judicia l orders , or administrative orders , relating to the protection of the environment. In this context, enforcement action shall include without limitatio n, written warn ings , notices of violation, consent orders or agreements, compliance orders, ad ministrative hearings , civil litigation and criminal prosecution . Legal action also means any civil lit igation brought by any person relating to the protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means : requirements pertaining to the manufacture , processing , distribution , use , handling , storage , transportation , reporting, records keeping , permitting, licensing, treatment , disposal, emiss ion, discharge , spill , release , or threatened release of hazardous materials , hazardous substances , hazardous wastes , tox ic substances, pet roleum , industrial waste, solid waste , pollutants or contaminants into or onto the air, s urface water , drinking water , groundwater, storm water , publicly owned treatme nt works , or land . THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Contractor, usin g the follow ing form . The top portion of the form is to be completed if a report of legal action is attached . The bottom portion 2-33 of the form is to be completed if Con tractor has no legal action to report . Make certain that the appropriate portion of the form is filled out and signed . AN AUTHORIZED REPRESENTATIV E OF THE CONTRACTOR shall mean : (1) if the Contractor is a corporation : the president, secretary , or treasurer, or a vice president of the corporation in charge of a principal business func ti on , or any other person who performs similar policy or decision -making functions for the corporation ; (2) if the Contractor is a part nership , a general partner; and (3) if the Contractor is a sole proprietorship , the sole proprietor. INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION OF CONTRACTOR 'S LEGAL AND COMPLIANCE HISTORY BOUND W ITHIN THE BID 2-34 Certification of Contractor's Legal and Compliance History Complete ONE of the Fo ll owing Certifications Certification of Legal Action Report I certify under penalty of law that the attached Legal Action Report detailing Contractor's , Contractor's officers , Contractor's employees , a nd Contractor's proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted . Based on my inquiry of the person or persons who manage the system , or those persons directly responsible for gathering the information , the information submitted is, to the best of my knowledge and belief, true, accurate, and comp lete. I am aware that there are significant penalties for submitting false information, includ ing the possibility of fine and imprisonment for knowing violations . CONTRACTOR: Signature Company Name Date Title Certification of NO Legal Action I certify under penalty of law that the lega l and compliance history of Contractor, Contractor's officers , Contractor's employees , and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personne l properly gather and evaluate the information submitted . Based on my inquiry of the person or persons who manage the system , or those persons directly responsible for gathering the information , I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers , Contractor's employees , or Contractor's proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true, accurate , and complete . I am aware that there are significant penalties for submitting false information , including the possibility of fine and imprisonment for knowing violations . Bradley J Garrett Name Owner Title Ga rrett Excavation & Demolition Company 6/25/2009 Date 2-35