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Home My WebLink AboutContract 26209 r UA No. 061018010 SPECIFICATIONS CITY SECRETARY CONTRACT NO. o?LP.2 D Cf AND r� CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF REPAIR AND REPAINTING OF THE EXISTING 1.0 MG NORTHWEST ELEVATED STORAGE TANK PROJECT NO. PW77-060770180200 Prepared for Fort Worth Water Department December 1999 ►'' �� Kimley-Horn and Associates, Inc. 'v��1�� h WiSSYIYay City of Fort Worth, Texas "floor And Coun0l Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/13/00 C-18071 60NG 1 of 2 SUBJECT AWARD OF CONTRACT TO N. G PAINTING, INC. FOR REPAIR AND REPAINTING OF THE NORTHWEST 1 MG ELEVATED STORAGE TANK RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with N. G. Painting, Inc. for the repair and repainting of the Northwest 1 MG (million gallons) Elevated Storage Tank, on the low bid of$490,500. DISCUSSION: On September 7, 1999 (M&C C-17631), the City Council authorized the execution of an engineering agreement with Kimley-Horn & Associates, Inc. for the design and preparation of plans and specifications for the repair and repainting of the Northwest 1 MG Elevated Storage Tank project. The Northwest Elevated Storage Tank was determined to be badly corroded and in need of repairs and repainting. In addition, alterations to the tank are required to meet Texas Natural Resources Conservation Commission and Occupational Safety and Health Administration requirements. On January 14, the following bids were received: BIDDER BID AMOUNT ESTIMATED COMPLETION TIME N. G. Painting, Inc. $490,500 120 Calendar days TMI Coating, Inc. $514,902 Advantage Contract Services, Inc. $541,750 On January 14, 2000, Advantage Contract Services, Inc., the second lowest bidder, submitted a letter to the City advising they believed that the low bidder had not met the bid requirements. Advantage Contract Services, Inc. stated that the low bidder failed to attach a list of experience, failed to submit a proposed paint system and failed to attend a pre-bid conference. City staff reviewed these claims and determined N. G. Painting, Inc. to be in compliance with the bid specifications because a list of experience was provided in the pre-qualification submittal, and an addendum to the bid made the pre- bid conference non-mandatory. In addition, the paint system was received after the bids opened, in compliance with the bid specifications. Advantage Contract Services, Inc. was contacted by City staff and informed of staffs determinations. The project is located in COUNCIL DISTRICT 2. N' G' G. Painting, Inc. is in compliance with the City's M/WBE Ordinance by committing to 15% M/WBE participation. The City's goal on this project is 14%. In addition to the contract amount, $24,525 is included for possible change orders and $2,000 is included for staff support. City of Fort Worth, Texas qVC11jor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/13/00 C-18071 60NG 2 of 2 SUBJECT AWARD OF CONTRACT TO N. G PAINTING, INC. FOR REPAIR AND REPAINTING OF THE NORTHWEST 1 MG ELEVATED STORAGE TANK FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Water Fund. MG:k Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED G'fTY COUNCIL Originating Department Head: Dale Fisseler 8207 (from) JUN PW77 541200 060770180200 $490,500.00 Additional Information Contact: City Secretary of tri. City of Fort W-41.50. r. • ,. Dale Fisseler 8207 T � v •� KHA NO.061018010 ADDENDUM NO. 1 REPAIR AND REPAINTING OF THE EXISTING 1.0 MG NORTHWEST ELEVATED STORAGE TANK for the CITY OF FORT WORTH, TEXAS PW Date Issued: January 11, 2000 The following revisions and clarifications are hereby made to the bid documents for this project: GENERAL 1.01 CLARIFICATION Draining of the tank will be done by the Owner, however, any water remaining in the tank will be the Contractor's responsibility to remove. 1.02 CLARIFICATION All antennas will be required to be removed from the top of the tank prior to any work on the tank. Replacement of any or all antennae is the Contractor's responsibility. Only the Fort Worth SCADA antennae shall be remounted on the tank. Coax is to be removed and replaced with new 7/8" Coax. The Contractor shall dispose of any antennae that are not remounted on the tank. 1.03 CLARIFICATION Attendance at the pre-bid conference held on December 17, 1999 was not mandatory. Prospective bidders who did not attend can still bid on this project. .� CIVIL 1.04 CLARIFICATION It is the Contractors responsibility to contain and test all waste from surface preparation (pressure washing or blasting). It is the Contractors responsibility to test and dispose of this waste in accordance with TNRCC guidelines. If the Contractor finds the waste to be hazardous it shall be paid by Additive Bid Item No. 23: Additional for Hazardous Disposal of Waste Material Trom Paint Removal. 1.05 CLARIFICATION Section 09910,Steel Water Storage Tank Painting,,2.01 Exterior Coatings The surface preparation for exterior coatings shall be in accordance with SSPC- y SP 12/NACE No. 5. The visual surface preparation shall have all loose rust, loose mill scale,and loose coatings uniformly removed in accordance with SSPC- SP12/NACE No. 5,Table 1,Condition WJ-4. It is not the intent of the specification for the method of surface preparation to remove any tightly adhered coatings. By definition from Section 2.1.3 of NACE SP12/NACE No. 5, a Low- Pressure Water Cleaning(LP WC)shall be used. The intent of the specification is to provide surface preparation in accordance with SSPC-SP12/NACE No. 5 guidelines to enable over-coating of the existing coating system. ELECTRICAL 1.06 Section 16199 Miscellaneous,Part 2.0413 Replace Part 2.04A with the following: Panel board enclosures shall be rated NEMA 3R, constructed of 304 Stainless Steel and be service entrance rated with main breaker. 1.07 Section 16199 Miscellaneous,Part 2.04E Replace Part 2.04E with the following: Panel boards shall be Cutler-Hammer or equal. 1.08 Section 16642 Cathodic Protection System,Part 3.04A Replace Part 3.04A with the following: A. The rectifier shall be replaced as part of this project. Disposal of the existing rectifier shall be the Contractor's responsibility. The new rectifier shall meet the requirements found in Part 2-Materials of this section. 1.09 Section 16642 Cathodic Protection System,Part 3.04C Replace Part 3.04C with the following: C. The negative lead connections shall be replaced as part of this project. Particular care shall be taken to produce a clean metal surface where the connection is to be made. 1.10 Section 16642 Cathodic Protection System,Part 3.041) P Eliminate Part 3.04D. p' 1.11 Section 16900 Instrumentation,Part 1.01A Replace Part LOIA with the following: A. This section covers the instrumentation at the elevated tank. Allow in bid for modification to the existing RTU and to the main computer configuration at the main control center at the South Holly Water Treatment Plant. All RTU installation, testing and programming shall be done by HSQ Technology, Inc. All conductors and raceway N associated with the specified instrumentation and controls shall be provided under this Contract. 1.12 Section 16900 Instrumentation,Part 3.02 Eliminate Part 3.02 A& B. r1.13 Sheet 8,01 Detail—Service Entrance& SCADA Enclosure The service entrance rated disconnect is shown as a NEMA 3R enclosure. A NEMA 4x will rbe required for the service entrance rated disconnect enclosure. ADDITIONAL BID ITEMS 1.14 Replace Sheet B6 with the revised Sheet B6 attached. rNote Additive Bid Item No.23 has been changed to a quantity of 2 Lump Sum Items. The following Additive Bid Items No.24 and 25 have been added. They are as follows: 24. Pressure Wash Test Patch for 4.0 MG Ground Storage Tank 25. Pressure Wash 4.0 MG Ground Storage Tank rAdditive Bid Item 24 shall consist of pressure washing an 8' x 8' area at a location on the Ground Storage Tank to be determined by the Owner. The decision to include Additive Bid Item 25 will be made at this time. Additive Bid Item 25 shall consist of pressure washing the entire Ground Storage Tank, walls and dome inclusive. The 4.0 MG Ground Storage Tank has an outer diameter of 165' and a height of 24'. rRequirements for Additive Bid Item 24& 25: By definition from Section 2.1.5 of NACE SP12/NACE No. 5,a High-Pressure Water Jetting(HP WJ)shall be used. The visual surface preparation shall have all loose rust and loose concrete uniformly removed in accordance with SSPC-SP 12/NACE No. 5,Table 1,Condition WJ-4. The Contractor will be responsible for protecting the existing power and instrumentation panels mounted on the Ftank. It is not the intent that these panels be removed and replaced. All other provisions of the contract documents,plans and specifications shall remain the same. Bidders shall acknowledge receipt of this addendum in the space provided on the Bid Form. Any bids received without acknowledgement may be disqualified by the City. rCITY OF FORT WORTH,TEXAS By: Bob Terrell 1W City Manager Addendum Prepared by: r Kimley-Horn and Associates,Inc. PA061018.01000CADD I.DOC s ADDITIVE BID ITEMS 23. D-122 2 LS Additional for Hazardous Disposal of 09940 Waste Material From Paint Removal @ $ Dollars And Cents Per Unit 24. 1 LS Pressure Wash Test Patch for 4.0 MG Ground Storage Tank $ $ Dollars And Cents Per Unit 25. 1 LS Pressure Wash 4.0 MG Ground Storage Tank $ Dollars And Cents Per Unit BASE BID (SUBTOTAL AMOUNT PER SHEET B5) DOLLARS Anti CENTS $ TOTAL BID (BASE BID+ADDITIVE BID ITEMS) DOLLARS A CENTS $ CONTRACTOR WILL BE SELECTED ON BASIS OF ANY COMBINATION OF TOTAL(BASE BIDS + ADDITIVE BID ITEMS) THE OWNER FINDS APPROPRIATE. HOWEVER, THE OWNER RESERVES THE RIGHT TO I DELETE ANY OR ALL OF THE ADDITIVE BID ITEMS PER PROJECT CONSTRUCTION REQUIREMENTS. B6 M FWWD REPAIR AND REPAINTING OF THE EXISTING DECEMBER 1999 1.0 MG NORTHWEST ELEVATED STORAGE TANK `NX11111 @ OF r 9 p Glenn Gary, P.E. Bio°° °o*// Kimley-Horn & Associates, Inc. * : o �.°....°..............°...°� Suite 1100 GLENN A. GARY ......................... 801 Cherry Street ®'c ° 80598 ° z Fort Worth, TX 76102 ®//0,c•°°pc``O�STE��o�° Q ®! N 04 NAL 3 OF l� Joseph J. Kotrla, P.E. Gojer-McCreary, Inc. * ° 6310 LBJ FreewayJOSEPH J. KOTRLA ....................... Suite 217 i-A 0 56361 ,°° Dallas TX 75240 ®/oc�•.PFC Ias •°/S*T F " .... .. T/O\A L 49 _ F ! OF Earl L. Kirkpatrick, P.E. Elk Engineering Associates, Inc. . * 8950 Forum Way ® EARL L. KIRKPATRICK 0 Fort Worth TX 76140 ®°°°°' °°°°°°°°°°°°°°°°°° ®00,-P- ' 44877�Q O��® I SC/STV 00 � O/ONAL E ®� lz—3 q9 TABLE OF CONTENTS Part Notice to Bidders A Special Instructions to Bidders A Proposal B Minority and Women Business Enterprises Specifications B General Conditions C Supplementary Conditions CS Special Conditions D Special Specifications E Division 1 - General Requirements 01220 Project Meetings 01310 Schedules, Reports, Payments 01340 Shop Drawings, Product Data and Samples 01500 Construction Facilities and Controls 01720 Project Record Documents Division 2 - Site Work 02831 Chain Link Fencing 02936 Seeding of Lawns Division 5 — Metals 05510 Ladders Division 9 - Finishes 09910 Steel Water Storage Tank Painting 09940 Removal of Lead Based Coatings Division 15 - Mechanical 15052 Welding Repairs Division 16 -Electrical 16010 Electrical General Provisions 16110 Raceways 16120 Wire and Cable 16199 Miscellaneous Part 16210 Electric Utility Service 16410 Underground 16450 Grounding Systems 16455 Lightning Protection 16500 Lighting 16642 Cathodic Protection System 16900 Instrumentation Certificate of Insurance/Bonds/Contractor Compliance With Worker's Compensation Law F Contract G PART A-NOTICE TO BIDDERS Sealed proposals addressed to Bob Terrell, City Manager, for the furnishing of all labor, materials, and equipment necessary for this project, Repair and Repainting of the Existing 1.0 MG Northwest Elevated Storage Tank, No. PW77-060770180200, will be received until 1:30 p.m. on the date of the bid opening, at the office of the Purchasing Division located on the east side of the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102. The Bids will be publicly opened in the City Council Chambers at: 2:00 p.m., Thursday, January 13, 2000 and then read aloud. Special Contract Documents, including plans and supplemental detailed specifications, have been prepared for this project and may be obtained from Kimley-Horn& Associates, Inc. Plans will be available on December 13, 1999. Prequalification according to Fort Worth Water Department Contract Specifications (as listed in the Special Instructions to Bidders) is required; General Contract Documents and General Specifications for Water Department projects, dated January 1, 1978, with the latest revisions, also comprise a part of the Contract Documents for this project and may be obtained by paying a non- refundable fee of$50.00 for each set, at the offices of Kimley-Horn&Associates; Inc. located at 801 Cherry Street, Suite 1100, Fort Worth, Texas 76102. In addition, the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth Transportation and Public Works Department form part of this project, and a copy of this document may be obtained by paying a non-refundable fee of$30.00 at the TPW office in the Municipal Building. A pre-bid conference will be held at 9:30 a.m. on Friday,December 17, 1999 at the Fort Worth SCADA building located near Fournier Street. Attendance is mandatory for prospective bidders. Representatives of the Owner and Engineer will be present to discuss the project. Engineer will transmit to all prospective bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. A site visit will be held after the pre-bid conference. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. Bob Terrell City Manager Gloria Pearson City Secretary Publication: December 9, 1999 December 16, 1999 SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) 1. PREQUALIFICATION REQUIREMENT: A current financial statement, an acceptable experience record and an acceptable equipment schedule must be filed with the Director of the Water Department by December 30, 1999. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Proposals submitted by a prospective bidder who has not fulfilled the above requirements shall be returned unopened. An experience prequalification statement is also required to be submitted to the Engineer by December 30, 1999. The contractor's experience must include repainting and rehabilitation of elevated water storage tanks of the same type and magnitude as that of the project for which bids are received. Such experience shall include a minimum of three (3)projects completed not more than five (5) years prior to the date which bids are received. In addition, in order to fulfill the requirements of the contract documents the contractor shall submit proof of certifications and qualifications of the proposed independent testing laboratory(s) and the structural engineer licensed in the State of Texas. The contractor must also provide the items required by Section 09940. Prospective bidders whose qualifications are not received by the designated time, are incomplete, or are deemed to be inappropriate to the nature and/or magnitude of the; project on which bids are to be received will be notified before the date of the bid opening, and any proposals submitted by them shall be returned unopened. Liquid assets in the amount of ten percent (10%) of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received. The Director of the Water Department shall be the sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. 2. BID SECURITY: A cashier's check or an acceptable bidder's bond payable to the City of Fort Worth in an amount of not less than five percent (5%) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10) working days after the notice of award. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do, business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10) the total capital and surplus. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred percent (100%) of the contract price will be required, Reference C 3-3.7. 4. WAGE RATES: Not less than the prevailing Federal wage rates as set forth in the Contract Documents must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business in not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the contract amount is $25,000 or less, the contract shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the bases of an bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. PRECONSTRUCTION REQUIREMENTS AND THE MWBE UTILIZATION FORM: The Contractor will be allowed ten (10) working days to complete his/her part of the formal execution of the contract documents and return to the Water Department from the date of the notice of award. Once the contract documents have been fully executed, the Contractor will receive a Notice to Proceed. The Contractor will be required to contact the Water Department to set up a preconstruction conference; this conference must be held within 15 calendar days from the date of the notice. The date of issuance of the work order for this project will be set at the preconstruction conference. For each day that the Contractor fails to comply with any one part of the above preconstruction requirements, each day shall be considered as a working/calendar day and shall be counted as such. In accordance with the City of Fort Worth Ordinance Nos. 11923 and 13471, the Contractor shall submit a copy of the MWBE UTILIZATION FORM and signed letter(s) of intent or executed agreement(s)between the Contractor and the M/WBE(s)that the Contractor proposes to utilize on this project. Any variance of the previously submitted Utilization Form shall be approved by the M/WBE office. A copy of the Utilization and/or approved changes and the letter(s) or agreement(s) must be submitted to the City of Fort Worth M/WBE office or a representative of the Department of Engineering before the effective date of the work order. If the Contractor fails to submit the letter(s) or agreement(s), the Contractor will not be allowed to start work. Time will start to be counted on the work order date. PART B PART B-PROPOSAL (This proposal must not be removed from this book of Contract Documents.) TO: Bob Terrell City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, equipment and labor for the installation of a sanitary sewer system and all necessary appurtenances and incidental work to provide a complete and serviceable project designed as: REPAIR AND REPAINTING OF THE EXISTING 1.0 MG NORTHWEST ELEVATED STORAGE TANK PROJECT NO. PW77-060770180200 Pursuant to the foregoing "Notice to Bidders", the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completion of the said work. Contractor proposes to do the work within the time stated and for the following sums: Furnish and install, including all appurtenances work, complete in place, for the following items: B1 Item Spec. Estimated Name of Pay Item with Unit Bid Amount No. Item Quantity Unit Unit Price in Words Price Bid BASE BID- REPAIR AND REPAINTING OF THE EXISTING 1.0 MG NORTHWEST ELEVATED STORAGE TANK 1. D-122 1 LS Mobilization 0 FIFTEEN THOUSAND $ 15,000.00 $ 15,000.00 Dollars And NO Cents Per Unit 2. 50 SY Install Concrete Driveway a TWO HUNDRED $ 200.00 $ 10,000.00 Dollars And NO Cents Per Unit 3. 02831 1,200 LF Remove and Replace Existing Chain-Link Fence and Gate 0 TWENTY $ 20.00 $ 24,000.00 Dollars And NO Cents Per Unit 4. D-122 1 LS Remove Existing Gate Valve and Valve Vault and Install 20"Butterfly Valve in 8'x 6' Vault w/240 V Actuator G SIXTEEN THOUSAND $ 16,000.00 $ 16,000.00 Dollars And NO Cents Per Unit 5. D-122 1 LS Electrical FIFTY THOUSAND $ 50,000.00 $ 50,000.00 Dollars And NO Cents Per Unit 6. D-122 1 LS Foundation Repairs and Sealing 0 TWO THOUSAND $ 2,000.00 $ 2,000.00 Dollars And NO Cents Per Unit 132 Item Spec. Estimated Name of Pay Item with Unit Bid Amount No. Item Quantity Unit Unit Price in Words Price Bid 7. D-122 1 LS Modify Existing Overflow @ ELEVEN THOUSAND $ 11,000.00 $ 11,000.00 Dollars And NO Cents Per Unit 8. D-122 1 IS Remove and Replace Existing Intake Grate @ ONE THOUSAND FIVE HUNDRED $ 1,500.00 $ 1,500.00 Dollars And NO Cents Per Unit 9. D-122 1 IS Install 30"Roof Vent @ THREE THOUSAND EIGHT $ 3,800.00 $ 3,800.00 HUNDRED Dollars And NO Cents Per Unit 10. 1 LS Remove and Replace Existing 24"Roof Hatch With 36" Square Roof Hatch @ ONE THOUSAND SIX HUNDRED $ 1,600.00 $ 1,600.00 Dollars And NO Cents Per Unit 11. 05510 1 IS Remove and Replace Existing Interior Access Tube Ladder and Safety Climb and Install Platform @ $ 4,000.00 $ 4,000.00 FOUR THOUSAND Dollars i� And NO Cents Per Unit 12. 05510 1 IS Remove and Replace Existing Wet Well Ladder and Safety Climb @ FIVE THOUSAND $ 5,000.00 $ 5,000.00 fi Dollars And NO Cents Per Unit B3 IP Item Spec. Estimated Name of Pay Item with Unit Bid Amount No. Item Quantity Unit Unit Price in Words Price Bid 13. 05510 1 LS Remove and Replace Existing Exterior Tower Ladder,Platforms and Safety Climb(& TEN THOUSAND $ 10,000.00 $ 10,000.00 Dollars And NO Cents Per Unit 14. D-122 1 LS Install New 36"Riser Manway(g� FIVE THOUSAND $ 5,000.00 $ 5,000.00 Dollars And NO 'Cents Per Unit 15. 300 SI Repair of Pits on Tank Interior And Exterior 0 TWO $ 2.00 $ 600.00 Dollars And NO Cents Per Unit 16. 200 LF Repair of Seam Welds on Tank Interior and Exterior FIVE $ 5.00 $ 1,000.00 Dollars And NO Cents Per Unit 17. D-122 1 LS Instrumentation 0 THIRTY THOUSAND $ 30,000.00 $ 30,000.00 Dollars R And NO Cents Per Unit 18. 09910 1 LS Surface Preparation and Application of Interior Paint Coating System 0 EIGHTY THOUSAND $ 80,000.00 $ 80,000.00 Dollars And NO Cents Per Unit B4 Item Spec. Estimated Name of Pay Item with Unit Bid Amount No. Item QuantityUnit Unit Price in Words Price Bid 19. 09910 1 LS Surface Preparation and Application of Exterior Paint Coating System ONE HUNDRED SIXTY $ 160,000.00 $ 160,000.00 THOUSAND Dollars And NO Cents Per Unit 20. 16642 1 LS Install New Cathodic Protection System THIRTEEN THOUSAND $ 13,000.00 $ 13,000.00 Dollars And NO Cents Per Unit 21. D-122 1 LS Non Hazardous, Non-Municipal Disposal 09940 of Special Waste Material From Paint Removal FOUR THOUSAND $ 4,000.00 $ 4,000.00 Dollars And NO Cents Per Unit 22. 02936 1 LS Seeding ONE THOUSAND $ 1,000.00 $ 1,000.00 Dollars And NO Cents Per Unit SUBTOTAL AMOUNT BID PART A FOUR HUNDRED FORTY EIGHT THOUSAND FIVE HUNDRED DOLLARS And NO CENTS $ 448,500.00 ATTACH LIST OF EXPERIENCE FOR REPAIRING AND REPAINTING WATER STORAGE RESERVOIRS WITH LEAD CONTROL,REMOVAL, AND ABATEMENT PER SPECIFICATION ITEM 09940. ATTACH PROPOSED PAINT SYSTEM PER SPECIFICATION ITEM 09910. B5 Item Spec. Estimated Name of Pay Item with Unit Bid Amount No. Item Quantity Unit Unit Price in Words Price Bid ADDITIVE BID ITEMS 23. D-122 2 EA Additional for Hazardous Disposal of 09940 Waste Material From Paint Removal a TEN THOUSAND $ 10,000.00 $ 20,000.00 Dollars And NO Cents Per Unit 24. 1 LS Pressure Wash Test Patch for 4.0 MG Ground Storage Tank(g� ■b TWO THOUSAND $ 2,000.00 $ 2,000.00 Dollars " And NO Cents Per Unit 25. 1 LS Pressure Wash 4.0 MG Ground Storage Tank 0 TWENTY THOUSAND $ 20,000.00 $ 20,000.00 Dollars And NO Cents Per Unit SUBTOTAL AMOUNT BID-ADDITIVE BID ITEMS FORTY TWO THOUSAND DOLLARS And NO CENTS $ 42,000.00 rTOTAL AMOUNT BID—BASE BID + ADDITIVE BID ITEMS FOUR HUNDRED NINETY THOUSAND FIVE HUNDRED DOLLARS rAnd NO CENTS $ 490,500.00 CONTRACTOR WILL BE SELECTED ON BASIS OF TOTAL BID (BASE BIDS + ADDITIVE BID ITEMS); HOWEVER, THE OWNER RESERVES THE RIGHT TO DELETE THE ADDITIVE BID ITEMS PER PROJECT CONSTRUCTION REQUIREMENTS. B6 Within ten (10) days after receipt of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and these specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400. (Complete A or B below, as applicable) _A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business are required to be percent lower than resident bidders by state law. A copy of the statue is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. X B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under house Bill 11, enacted August 15, 1992. B7 The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within the number of working days listed below after beginning construction as set forth in the written work order to be furnished by the Owner: 120 calendar days I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (initials) Addendum No. 2 (initials) Addendum No. 3 (initials) Respectfully submitted, (SEAL) If Bidder is Corporation N.G. Parotin Inc. By Nick urama i a is Title President Address 313 Mill Run Kerrville, TX 78028 Telephone 830/257-5940 ATTACH LIST OF EXPERIENCE FOR REPAIRING AND REPAINTING WATER STORAGE RESERVOIRS WITH LEAD CONTROL, REMOVAL, AND ABATEMENT PER SPECIFICATION ITEM 09940: ATTACH PROPOSED PAINT SYSTEM PER SPECIFICATION ITEM 09910: B8 City of Fort Worth Minority and Women Business Enterprises Specifications SPECIAL INSTRUCTIONS TO BIDDERS APPLICATION OF POLICY Ir 11f the:total dollar value of the contract is $25,000 or more, the MWBE goals are a Itcable if the total dollar. value of the contradt1§tessthart$25,000 the MWBE goals`are'not applicable s POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The �- objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of qualified M/WBEs which provide goods and services directly or indirectly to the City: M/WBE PROJECT GOALS The City's MBE/WBE goal for this project is 14 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On the City contract of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated Minimum M/WBE goals, or 2. Good Faith Effort documentation, or, 3. Waiver documentation. SUBMISSION OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form received by 5:00 PM,five(5) City business days after the bid opening date,exclusive of the bid opening date. 2. M/WBE Goals Waiver Form received by 5:00 PM,five(5) City business days after the bid opening date,exclusive of the bid opening date. 3. M/WBE Good Faith Effort Form received by 5:00 PM,five (5)City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH°THE CITY'S MIWBE,ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any question, please contact the M/WBE Office at(817-871-6104) bin Rev.6/2/98 ATTACHMENT 1A PAGE 1 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBEIWBE UTILIZATION FORM PRIME COMPANY NAME BID DATE PROJECT NAME PROJECT NUMBER CITY'S MNVBE PROJECT GOAL IAWBE PERCENTAGE ACHIIEVED 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 the bid opening, exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE 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 specifications. Company Name,'Contact Name, Certified Specify All Contracting Specify.All Items to be Dollar Amount Address,and Telephone.No. ;c Scope,of Work`(#), Supplied(") U Z MMIBEs must be located in 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. Specify all areas in which M/WBEs are to be utilized and/or items to be supplied. . (')A Com '!sting of,items td be supplied is required in order to received credit toward the MIME Goal. M (")Identify each Tier level. Tier.Means the level of subcontracting below the prime contractor/consultant, i.e. a direct payment from the prime contractor to subcontractor is considered 1s'tier, payment by a subcontractor to its supplier is considered 2n°tier. h THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER B OPENING,EXCLUSIVE OF BID OPENING DATEOPENING Rev.61219 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A PAGE 2 of City of Fort Worth Minority and Women Business Enterprise Specifications Company Name,Contact Name, Certified Specify All Contracting Specify L11Items to be Dollar Amount Address,- and Telephone No: Scope of VIlo�k('� Supplied(*) Q 1- c« ; � O. r -0z a m Z The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE (s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBEs) and/or WBE(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. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Authorized Signature - Printed Signature Title Contact Name and Title(If different) Company Name Telephone Number(s) PW ,I Address Fax Number City/StateMp Code Rate THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING,EXCLUSIVE OF BID OPENING DATEOPENING Rev.6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1B City of Fort Worth Page 1 of 1 Minority and Women Business Enterprise Specifications Prime Contractor Waiver Prime Company Name Project Name Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and.be.received,by the Managing Department on or before 5:00 yi 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 this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit Ell and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(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. Authorized Signature Printed Signature Title Contact Name (if different) Company Name Contact Telephone Number(s) Address Fax Number p � Rev 6/2/98 ATTACHMENT 1C Page 1 of 3 City of Fort Worth Minority and Women Business Enterprise Specifications GOOD FAITH EFFORT Prime Company Name Bid Date Project Name Project Number !f you have failed„tofseaure-M!Vv E.Participation-and you have:subcontracting and/or supplier:opportunities or if your NUVIIBE pai#ic"ipafion,is 1 ss ttian;the City's`project goal,you must complete this form s,; If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to-complete this form in its'<entirety with its supporting documentation and be received, by the Managing Department on or before 5.'00,p.m.,five (5) City business days,after bid opening,iexclusive of the bid opening date',`will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a MMIBE or non-M/WBE. (Use additional sheets, if necessary) List of : Subcontracting Opportunities List of : Supplier Opportunities Rev 6/2/98 ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of the bid opening. Yes Date of Listing / / No 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to the bid opening by mail, exclusive of the day the bids are opened? Yes If yes, attach M/WBE mail listing to include name of firm and address and a No dated copy of the letter mailed. 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to the bid opening by telephone, exclusive of h the day the bids are opened? a Yes If yes, attach list to include name of M/WBE firm, ep rson contacted F� No phone number and date and time of contact. Note: A facsimile may be used to. comply with either 3 or 4, but may not be used, for both.. If a facsimile is used, attach a,fax confirmation, which is to provide M/WBE name, date, fax number and documentation faxed. r Note* If,a.SlC,list,of;M1WBE is t6p or,less,;the bidder must contact ttie entire list to bean compliance with°questions 3 and"4 f If a sSIC.list of MfWBE is more than .10; the bidder mus#contact at least;two- . ,.t , ,.. , .... W thirds of tte;list; but not less than:ten to be in,compliance with questions 3'and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? i Yes No 6.) If the M/WBE bids were received and rejected, you must: (1) List the M?WBE firms and reason(s) for rejection (i.e. quotation not commercially reasonable, qualifications, etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below (i.e. letters, memos, bids, telephone calls, meetings, etc.) (Please use additional sheets,if necessary,and attach) Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Rev 6/2/98 ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment therefore and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any MIWBE(s) listed in Attachment 1C will be contacted and reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Contact Telephone Number (s) Address Fax Number City/State/Zip Date Rev 6098 ORDINANCE NO. 11923 REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES PREVIOUSLY ADJUSTED; ADOPTING AN ORDINANCE TO REMEDY THE UNDERUTILIZATION OF MINORITY AND WOMEN BUSINESSES, AND TO ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY BUSINESS ENTERPRISE, AND WOMEN BUSINESS ENTERPRISE FOR PURPOSE OF CERTIFICATION; REQUIRING MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PARTICIPANTS TO BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM WHICH THE CITY REGULARLY SOLICITS; ADOPTING THE U.S. SMALL BUSINESS ADMINISTRATION'S DEFINITION FOR A SIZE STANDARD; ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE SPECIFIC AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECIFIC GOALS; PROVIDING GENERALLY FOR THE PROCEDURES TO BE FOLLOWED IN THE BID/PROPOSAL PROCESS; REQUIRING BIDDERS TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS; ESTABLISHING WAIVER OF GOALS PROCEDURES; ALLOWING FOR DEBARMENT FOR MISREPRESENTATION OF FACTS AS IT RELATES TO COMPLIANCE; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council commissioned an Availability/Disparity Study (Study) conducted by Browne, Bortz & Coddington, Inc. (BBC) and a Public Hearing (Hearing) conducted by Carl Anderson, Esq., and found disparities in the utilization of minority and women business enterprises in contracts awarded by the City of Fort Worth (City); and WHEREAS, the Study and Hearing found that discrimination occurred in the major contracting areas (construction, purchasing, and professional services) of the City of Fort Worth and resulted in significant underutilization of minority and women business enterprises; and WHEREAS, minority and women business enterprises have had and continue to have difficulties in obtaining financing, bonding, credit, insurance, and assistance programs have not been effective in either remedying the effects of underutilization in City contracting or in preventing ongoing underutilization; and WHEREAS, the Study and the Hearing determined that race-neutral alternatives for enhancing minority and women business enterprise contracting are not completely sufficient; and WHEREAS, the City has also been a passive participant in discriminatory behavior practiced by private industry within the relevant Marketplace in the award of contracts to minorities and women businesses, the purpose of this ordinance is to overcome the effects of this past underutilization and prevent any ongoing discrimination in the City's contracting processes; and WHEREAS, the provisions of this ordinance may increase the utilization of minority and women business enterprises in contracts awarded by the City of Fort Worth; and WHEREAS, the City Council now desires to provide a narrowly tailored remedy for past underutilization of minority and women businesses through the annual setting and defining of percentage goals for different categories of contracts, providing penalties for fraudulent misuse of this ordinance, requiring regular review of the necessity for the provisions of this ordinance, limiting those minority and women's business enterprises that participate under this ordinance to those that qualify and do business in the City's Marketplace, providing for post bid submission of required information about minority and women business enterprises and establishing waiver of goals procedures; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1. It is the policy of the City of Fort Worth to attempt to provide a remedy for past underutilization of qualified minority and women businesses and prevent ongoing underutilization of minority and women business enterprises in the City's contracting process by ensuring the full and equitable participation of minority and women business enterprises in the provision of goods and services to the City on a contractual basis in the manner identified in Attachment I of this ordinance. SECTION 2. The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the use of minority and women business enterprises above the present low level to one more comparable to their availability in the Fort Worth Marketplace. The City Manager shall set an annual goal for MBE and WBE participation in City procurement activities, based upon the availability within the Marketplace. The initial goals, based upon availability, shall be thirteen percent ( 1.3%) for minority businesses and twelve percent (12%) for women businesses and shall be reviewed as provided for elsewhere herein. These goals are not quotas. SECTION 3. The provisions of this ordinance shall apply to all contracts awarded by the City, except as may be hereafter specifically exempted, and shall be liberally construed for the accomplishment of its policies and purposes. Specific goals shall be established in the areas of construction, professional services and purchases of other goods and services. Goals may be set on individual projects based on the type of work or services to be performed, or goods to be acquired and the availability of minority and women businesses in the City's Marketplace. SECTION 4. The provisions of this ordinance shall be considered in determining the responsiveness to specifications of offerors to the bid/proposal. The City shall consider the offeror's responsiveness -3- to this ordinance in the evaluation of bids/proposals and shall award contracts to the lowest responsible offeror meeting the specifications, inclusive of compliance to this minority and women business enterprise ordinance. s SECTION 5. Debarment procedures shall be established for firms willfully misrepresenting the facts in compliance with this ordinance to the City. SECTION 6. Waiver procedures to the regulations established in this ordinance shall be provided for City procurement activities where a public calamity requires the emergency expenditure of funds; the purchase of goods or services from source(s) where subcontracting or supplier opportunities are nonexistent; where an economic risk or undue delay for the acquisition of goods or services will be imposed on the City, or when the availability of minority and women businesses is negligible. SECTION 7. R From and after the date this ordinance takes effect, it shall supersede all previous City Council Policies affecting minority and women business enterprise and disadvantage business enterprises. SECTION 8. The City Manager, with the advice and counsel of the Disadvantaged Business Enterprise Advisory Committee ("DBEAC") in accord with City of Fort Worth Resolution No. 1148, is hereby -4- authorized to establish, implement and administer regulations necessary to carry out the intent of this ordinance. SECTION 9. The City Council shall regularly, at least every three (3) years, determine whether there is a continuing need for a minority and women business enterprise program, make relevant findings, and, if necessary, repeal in whole or in part or enact appropriate amendments to this ordinance. SECTION 10. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11. This ordinance shall take effect and be in full force and effect from on and after June 1 , 1995 : provided, however, that this ordinance shall not affect any procurement activity where formal solicitation began before the effective date of this ordinance, and it is so ordained. -5- i APPROVED AS TO FORM AND LEGALITY: City Attorney : Gary Steinberger, Assistant City Attorney Date Original Signed: APRIL 19, 1995 Date Adopted by the City Council: APRIL 18, 1905 Date Effective: JUNE 1, 1995 -6- ORDINANCE NO. 13471 AN ORDINANCE AMENDING CITY OF FORT WORTH ORDINANCE NO. 11923 BY AMENDING SECTIONS 2, 3, AND AMENDING ATTACHMENT I; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1. Section 2 of City of Fort Worth Ordinance No. 11923 is hereby amended to read as follows: The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the use of minority and women business enterprises above the present low level to one more comparable to their availability in the Fort Worth Marketplace. The City Manager shall recommend an annual goal for MBE/WBE participation in City procurement activities, based upon the availability within the Marketplace. The goals, based upon availability, shall be thirteen percent (13%) for minority businesses and twelve percent (12%) for women businesses and shall be reviewed as provided for elsewhere herein. These goals are not quotas. SECTION 2. Section 3 of City of Fort Worth Ordinance No. 11923 is hereby amended to read as follows: The provisions of this ordinance shall apply to all contracts awarded by the City, except as may be hereafter specifically exempted. Where contracts involve the expenditure of federal or state funds, the state or federal policy related to MBE/WBE or DBE participation may take precedence over this ordinance. The provisions of this ordinance shall be liberally construed for the accomplishment of its policies and purposes. Specific goals shall be established in the areas of construction, professional services and purchases of other goods and services. A goal may be set on individual projects based on the type of work or services to be performed, or goods to be acquired and the availability of minority and women businesses in the City's Marketplace. SECTION 3. Attachment I to City of Fort Worth Ordinance No. 11923 is hereby amended to read as follows: 1 City Council approved June 2, 1998 ATTACHMENT I I. DEFINITIONS 1. "Applicable Contract" means any contract of $25,000 or more for construction projects and professional services and $15,000 or more for purchase agreements, as well as any other contracts that the City Council or City Manager deem appropriate. 2. "Certified" means those firms, within the Marketplace, that have been determined to be a bonafide minority or women business enterprise by either the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TxDOT), highway division. In the event of denial of certification by either of these entities, the City reserves the right to grant its own certification for use in City contracts. 3. "City" means the City of Fort Worth, Texas. 4. "City business day" means Monday through Friday, inclusive, excluding legal holidays. Legal holidays shall be observed as prescribed by the City Council for observance as follows: New Year's Day January 1 M. L. King, Jr. Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Fourth Friday in November Christmas Day December 25 When one of the above named holidays falls on a Saturday, the holiday shall be observed on the preceding Friday. When one of the above named holidays falls on a Sunday, the holiday shall be observed on the following Monday. 5. "Construction" means the erection, rehabilitation, alteration, conversion, extension, demolition, improvement, remodeling or repair to any real property, including streets, storm drains and facilities providing utility service owned by the City. 6. "Contract" means a binding agreement whereby the City either grants a privilege or is committed to expend or does expend its funds or other resources for or in connection with a) construction of any public improvement, and b) purchase of any services (including professional services). The term includes "purchase order". 7. "Contract Officer" means the person employed by the City to oversee the performance of the contract. 8. "Contracting Department" means the department responsible for payment of contract obligations. 2 City Council approved June 2, 1998 9. "Contractor" means the Offeror with whom the City has entered into an agreement. Includes the terms "Vendor" and "Prime Contractor". 10."Coordinator" means the administrator of the MBE/WBE Office. 11."Goal" means the percentage of minority business enterprise and/or women business enterprise participation on an applicable project as determined by the City, based on the availability of such businesses in the marketplace and the subcontracting/supplier opportunities of the project. 12."Good Faith Effort" means having absence of malice or any intentions to deceive, good intentions and sincerity to meet the goal of this ordinance. Documentation submitted by the Offeror to explain why its good and honest efforts did not meet or exceed the stated Goal. Compliance with each of the following steps shall . satisfy the Good Faith Effort requirement absent proof of fraud, misrepresentation, or intentional discrimination by the Offeror: 12.1. List each and every subcontracting and/or supplier opportunity for the completion of this project. 12.2. Obtain a current (not more than three (3) months old from the bid open date) list of MBE/WBE subcontractors and/or suppliers from the City's MBE/WBE Office. 12.3. Solicit bids from MBE/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened. 12.4. Solicit bids from MBE/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened. Note: A facsimile may be used to comply with either 12.3 or 12.4, but may not be used for both. Note: If the list of MBE/WBEs for a particular subcontractinglsupplier opportunity is ten or less, the Offeror must contact the entire list within such area of opportunity to be in compliance with 12.3 and 12.4. If the list of MBE/WBEs for a particular subcontracting/supplier opportunity is more than ten, the Offeror must contact at least two-thirds of the list within such area of opportunity, but not less than ten, to be in compliance with 12.3 and 12.4. 12.5. Provide plans and specifications or information regarding the location of plans and specification to MBE/WBEs. 12.6. Submit affidavit and/or documentation if MBE/WBE bids were rejected on the basis of quotation not being commercially reasonable, qualifications, etc. Documents may be requested to be produced for an in camera inspection. 3 City Council approved June 2, 1998 13. "Joint Venture" means an association of two or more persons or businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, skills, knowledge and management in an agreed to proportionate share. 14. "Managing Department" means the department responsible for overseeing the day to day completion of the contract. 15. "Manufacturer" means one that manufactures a product by hand or machinery suitable for uses; the process of making wares. 16. "Marketplace" means the geographic market area as defined in the Availability and Disparity Study represented by the counties of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. 17. "Minority" means a citizen of the United States or lawfully admitted permanent resident that is Asian American, American Indian, Black or Hispanic. 18. "Minority Business Enterprise" is defined as a qualified business concern located in the Marketplace or providing proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests f for proposals, meeting the following criteria: a. which is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. whose management and daily business operations are controlled by one or more minority persons who own it. 19. "Offeror" means any person, firm, corporation, or partnership that submits a bid or proposal to provide labor, goods or services to the City where funds are expended. The term includes the term bidder and proposer. 20. "Procurement" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services. 21. "Professional Services" means services which require predominantly mental or intellectual labor and skills, includes, but is not necessarily limited to, architects, engineers, surveyors, doctors, attorneys, and accountants. 22. "Project Manager" see Contract Officer. ' 23. "Purchasing" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services excluding construction and professional services previously defined. 24. "Qualified" means an individual or business entity having previously performed or received training in the work, industry or profession required. 25. "Regular Dealer" is defined as a firm that owns, operates, or maintains a store, a warehouse, or other establishment in which the materials or supplies required 4 City Council approved lune 2, 1998 L for the contract are bought, kept in stock, and are regularly sold retail or wholesale. 26. "Subcontract" means an agreement between the contractor and another business entity for the performance of work. 27. "Subcontract/Supplier Opportunity" means an area where there is more than one MBE or WBE subcontractor/supplier in the market place. 28. "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 Vt tier, a payment by a subcontractor to its supplier is considered 2"d tier. 29. "Women Business Enterprise" is defined as a qualified business concern located in the Marketplace or provide proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals, meeting the following criteria: a. which is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or M more women; and b. whose management and daily business operations are controlled by one or more women who own it. II. PROGRAM GOAL A. A Citywide goal for the utilization of minority business enterprises (MBE) and women business enterprises (WBE) shall be reviewed and approved annually by the City Council. 1. The City Manager shall, on or before October 31 of each year, beginning October 31, 1996, conduct an analysis of the availability of MBEs and WBEs and present to the City Council an annual report on MBE/WBE availability and utilization. 2. Based on the availability of MBENVBEs in the Marketplace and the City's most recent goal attainment and with the advice and counsel of the MWBEAC, the City Manager shall recommend to the City Council a reasonable goal for the remainder of the current fiscal year. 3. The goal shall be expressed in terms of a percentage of the total dollar value of all applicable contracts awarded by the City. Goals shall be established separately for categories of construction, professional services, and purchasing as well as any other categories that the City Council or City Manager deems appropriate. B. Individual project goal shall be set by the MBE/WBE Office in collaboration with the Contract Officer and Risk Management (where appropriate) prior to solicitation. The project goal shall be reasonable and shall be based upon: L 5 City Council approved June 2, 1998 1. Specific subcontracting and/or materials opportunities required to complete the project, and 2. The availability of MBE/WBE in the identified subcontracting and/or materials opportunities in the Marketplace. III. COUNTING MBE/WBE PARTICIPATION A. MBE/WBE participation shall be counted toward meeting Goal in accordance with the following provisions: 1. For the purpose of determining compliance with the goal requirements established in this ordinance, businesses will be counted as MBE or WBE only when they have been certified as such prior to a recommendation for award being made to the City Council. a) Any business listed by an Offeror that is not certified at the time of bid/response opening must file an application for certification within a reasonable time for the City to consider the dollar amount towards meeting the goal. b) If a business described in the immediate subparagraph fails to submit an application for certification within a reasonable time, or if the business is denied certification, the Offeror shall be afforded five (5) City business days to secure additional certified/certifiable MBE/WBE participation, starting the next City business day following the day the written notification was received from the Managing Department. c) Evidence of the additional certified/certifiable MBE/WBE participation shall be delivered to and received by the Managing Department within five (5) City business days after the notification was received by the Offeror, exclusive of the date that the notification was received. 2. Except as provided for in paragraph 3 below, if the Offeror is ruled non- responsive to the requirements of this ordinance, the Managing Department will provide written notification to the Offeror stating the specific basis for the ruling. The Offeror may submit documentation that it will either meet or exceed the stated goal, and may be considered for an award of contract. 3. If the Offeror is ruled non-responsive solely for its failure to identify a subcontract/supplier opportunity and that opportunity is less than three (3%) percent of the total bid, the Offeror may submit documentation that an MBE/WBE will be utilized for that subcontract/supplier opportunity, and may be considered for an award of contract. 4. Documentation required under either paragraph A or B above must be received by the Managing Department within five (5) City business days, exclusive of the date that the Offeror was ruled non-responsive. If the documentation is not received within the stated time, the Offeror shall be deemed to have withdrawn its bid. The City will not communicate with another Offeror regarding award of the 6 City Council approved June 2, 1998 contract until five (5) City business days after the original offer has been ruled non-responsive. 5. The Offeror may count toward the goal any tier of MBE or WBE subcontractors and/or suppliers. It is the sole responsibility of the Offeror to report and document all subcontracting and/or supplier participation dollars counted towards the goal, irrespective of tier level. Failure to submit documentation as required in this subparagraph, shall entitle the City to withhold payments until compliance is attained. 6. The Offeror will be given credit toward the goal only when the MBE or WBE subcontractor performs a commercially useful function. An MBE or WBE subcontractor is considered to have performed a commercially useful function when: a) It is responsible for the execution of a distinct element of the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and b) When the firm receives due compensation as agreed upon for the work performed. 7. The Offeror will be given credit toward the MBE/WBE contract goal only when the MBE or WBE supplier performs a commercially useful function. A MBE or WBE supplier is considered to have performed a commercially useful function when the MBE/WBE supplier is a manufacturer or a regular dealer. 8. Regardless of whether an arrangement between the contractor and the MBE/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the MBE/WBE or does not meet the commercially useful function requirement, the Offeror shall receive no credit toward the goal. 9. An Offeror may count toward its goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of MBE or WBE participation in the joint venture. a) The Managing Department must receive the Joint Venture form from the Offeror within five (5) City business days after the date of bid/proposal opening, exclusive of the day of the bid/proposal opening, for certification by the MBE/WBE Office. b) The MBE or WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed, equal to a share in the ownership, control, knowledge, management, responsibility, risks, and profits of the joint-venture. B. Except for joint ventures, the prime contractor and any work performed by the prime contractor is not considered for determining compliance with this ordinance. 7 City Council approved June 2, 1998 C. The Offeror may not count toward the goal any agreement with a MBE or WBE that does not meet the requirements of this ordinance. IV. MBE/WBE UTILIZATION REQUIREMENTS A. In addition to the requirements set forth elsewhere, bid conditions and requests for proposals shall include a statement of the MBE/WBE goal established for the project. B. Bid conditions, requests for proposals, and all other specifications for applicable contracts to be awarded by the City shall require that offers make a good faith effort (GFE) to subcontract with or purchase supplies from MBE and/or WBE firms. Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable contracts to permit a determination of compliance with the specifications. C. Construction and Professional Services contracts and such other contracts which may be competed for under sealed proposal procedures (estimated cost of $25,000 or more) and Purchasing contracts (estimated cost of $15,000 or more) shall be awarded and administered in accordance with the following standards and procedures: 1. Competitive bids for applicable contracts shall include the MBE/WBE specifications in the bid specifications. MBE/WBE specifications consist of the SPECIAL INSTRUCTIONS TO BIDDERS, MBEIWBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM, and, if appropriate, the JOINT VENTURE FORM. a) Competitive bids that equal or exceed the project goal must submit the MBEIWBE UTILIZATION FORM. b) Competitive bids that do not have subcontracting and/or supplier opportunities must submit the PRIME CONTRACTOR WAIVER FORM. c) Competitive bids that have subcontracting and/or supplier opportunities but do not include MBE/WBE participation in an amount which equals or exceeds the project goal, must submit the MBE/WBE UTILIZATION FORM and the GOOD FAITH EFFORT FORM and documentation. d) Competitive bids that have subcontracting and/or supplier opportunities but do not include any MBENVBE participation must submit the GOOD FAITH EFFORT FORM and documentation. e) The Offeror shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The managing department must receive the Documentation no later than 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the Documentation. 8 City Council approved June 2, 1998 f) 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 MBE/WBE specifications, shall render the Offeror non-responsive. 2. Other than responses to Requests for Proposals for those professional services defined in Chapter 2254 of the Texas Government Code, responses to Request for Proposals shall include a section which identifies the particular MBE and/or WBE to be utilized in performing the contract. a) Specify as to MBE or WBE, the estimated percentage of the MBE or WBE participation, the type of work to be performed by the MBE or WBE, and such other information as may reasonably be required to determine the responsiveness to the Request for Proposal. b) Responses that do not meet or exceed the utilization goal, as required by the Request for Proposal, must submit a GFE explanation. Failure to include such GFE explanation shall render the response non-responsive. 3. Initial responses to requests for proposals for those professional services defined in Chapter 2254 of the Texas Government Code shall not include a response to the requirements of this ordinance. The City shall comply with the requirements of said Chapter and rank the professional on the basis of demonstrated competence and qualifications. During negotiating the contract with the highest ranked professional, the professional shall respond to this ordinance in the manner specified in paragraph 2(a) above. 4. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize MBE or WBE. The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents L facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. 5. The contracting department may request the MBE/WBE Office to waive the goal requirements of this subsection, or to reduce the amount of the goal, in accordance with the provisions of the Exceptions and Waivers section. D. The Ci Manager, with the advice and counsel of the MWBEAC in accord with City g City of Fort Worth Resolution No. 1148, shall adopt regulations governing the purchase of goods and services under $15,000. V. POST-AWARD COMPLIANCE A. In addition to such other requirements as may be set forth elsewhere, the following shall apply to applicable contracts awarded by the City: 1. Contracts shall incorporate this ordinance by reference, and shall provide that the contractor's violation of this ordinance shall constitute a breach of such contract and result in debarment in accord with the procedures outlined in this ordinance. 9 City Council approved June 2, 1998 2. From and after the date of bid opening, any proposed change or deletion in MBE/WBE participation identified in the bid, proposal or contract shall be reviewed by the MBEJVVBE Office to determine whether such change or deletion is justified in accord with paragraphs 3 and 4 immediately below. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in this ordinance. 3. From and after the date of bid opening, the contractor shall: a) Make no unjustified changes or deletions in its MBE/WBE participation commitments submitted with the bids, proposal or during negotiations; b) If substantial subcontracting and/or substantial supplier opportunities arise during the term of any contract when the contractor represented in its bid to the City that it alone would perform the subcontracting/supplier opportunity work, the contractor shall notify the City before subcontracts for work and/or supplies are let and shall be required to comply with Article 1, subsections 12.3 and 12.4 of this Attachment 1, exclusive of the time requirements stated in such subsections; c) Maintain records reasonably necessary for monitoring their compliance with the provisions of this ordinance; d) After the first payment and beginning with the second application for payment, submit required M/WBE Periodic Payment Reports, including proof of payment documentation, to the MBE/WBE Office. Further, upon request of the M/WBE Office, submit such other documentation as may be reasonably required to verify proof of payments. Failure to submit these reports and other requested information, if any, as required shall authorize the City to withhold payment from the contractor until compliance with this ordinance is 6 attained. 4. The contractor shall submit to the MBE/WBE Office for approval a M/WBE REQUEST FOR APPROVAL OF CHANGE FORM if, during the term of any contract, a contractor wishes to change or delete one or more MBE or WBE subcontractor(s) or supplier(s). a) Within three (3) City business days after receipt by the MBE/WBE Office, exclusive of the date of receipt, the Request shall be reviewed. The Request shall be approved if the change or deletion is justified. The following shall constitute justification for the requested change or deletion: 1) A MBE or WBE's failure to provide workers' compensation insurance evidence as required by state law; or 2) A MBE or WBE's failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the contract F documents with limits of coverage no greater than the lower of 1) the limits required of the contractor by the City; or 2) the limits contained in the contractor's standard subcontract or, supply agreements used on other 10 City Council approved June 2, 1998 projects of similar size and scope and within the contractor's normal business practice with non MBE or WBE subcontractor's or suppliers; or 3) A MBE or WBE's failure to execute the contractor's standard subcontract form, if entering a subcontract is required by the contractor in its normal course of business, unless such failure is due to: i. A change in the amount of the previously agreed to bid or scope of work; or ii. The contract presented provides for payment once a month or longer and the contractor is receiving payment from the City twice a month; or iii. Any limitation being placed on the ability of the MBE or WBE to report violations of this Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the contractor's surety company or insurance company. f 4) An MBE or WBE defaults in the performance of the executed subcontract. In this event, the contractor shall: i. Request bids from all MBE and/or WBE subcontractors previously submitting bids for the work, ii. If reasonably practicable, request bids from previously non-bidding MBEs and WBEs, and iii. Provide to the M/WBE office documentation of compliance with (i) and (ii) above. 5) Any other reason found to be acceptable by the MBE/WBE Office in its sole discretion. NOTE: The contractor shall submit such documentation as may reasonably be requested by the MBE/WBE Office to support the contractor's request. The time between the request by the MBE/WBE Office for additional documentation and the delivery of such documentation shall not be included within the time period that the MBEIWBE Office is required to respond as stated in subparagraph (a) above. b) If the MBE/WBE Office approves the deletion of a MBE or WBE and replacement by a non-MBE or WBE, such approval shall constitute a post r award waiver to the extent of the value of the deleted subcontract. c) If the MBE/WBE Office denies the request for change or deletion, the contractor may appeal the denial to the City Manager whose decision will be final. 11 City Council approved June 2, 1998 5. Whenever contract, amendments, change orders, or extra work orders are made individually or in the aggregate, the contractor shall comply with the provisions of this ordinance with respect to the alternates, amendments, change orders, or extra work orders. a) If the amendment, change order, or extra work affects the subcontract of an MBE or WBE, such MBE or WBE shall be given the opportunity to perform VAMBE amendment, change order or extra work. b) if the amendment, change order or extra work is not covered by any subcontractor performing like or similar work, and the amount of such amendment, change order or extra work exceeds ten percent (10%) of the original contract amount, the contractor shall comply with Article 1, subsections 12.3 and 12.4 of this Attachment 1 (exclusive of the time requirements stated therein) with respect to such amendment, change order, or extra work. 6. If the contractor in its bid included any second or lower tier subcontractor/supplier towards meeting the goal, it is the responsibility of the contractor to report and document all subcontracting and/or supplier participation dollars irrespective of tier level. Failure to comply with the City's request to provide the required L documentation shall entitle the City to withhold payments (but only to the extent of the subcontractor's payments related to the MBE/WBE participation dollars which are not documented) and/or to reject future bids from the contractor until r compliance with this ordinance is attained. 7. Upon completion of the contract and within ten (10) City business days after receipt of final payment from the City, exclusive of the date the contractor receives payment, the contractor shall provide the MBE/WBE Office with the M/WBE FINAL SUMMARY PAYMENT REPORT FORM to reflect the final participation of each subcontractor and/or supplier (including non-M/WBEs) used on the project. Failure to comply with the City's request to provide the required documentation shall entitle the City to reject future bids from the contractor until compliance with this ordinance is attained. 8. In the event a contractor is in non-compliance with either paragraph 6 or 7 above, and such non-compliance is solely the result of an act or omission by an MBE or WBE, the MBE/WBE Office shall consider such in determining what action, if any, to take. VI. EXCEPTIONS AND WAIVERS f A. If an Offeror is unable to comply with the goal requirements established in the Program Goal section of this ordinance, such Offeror shall submit one of the two forms listed below within the allotted time. 1. A Prime Contractor Waiver Form (Attachment 1 B) is submitted if the Offeror will perform the entire contract without subcontractors or suppliers. 2. A Good Faith Effort Form (Attachment 1C) is submitted if the Offeror has subcontracting and/or supplier opportunities but was unable to meet or exceed 12 City Council approved June 2, 1998 the project goal. The Offeror will submit requested documentation that demonstrates a good faith effort to comply with the goal requirements as described in the Program Goal section above. B. A contracting department may request the MBENVBE Office to waive or modify the goal requirements for MBE or WBE by submitting a Departmental Waiver Form, in writing, prior to solicitation of bids or proposals. The MBENVBE Office may grant such a waiver or reduction upon determination that: 1. The reasonable and necessary requirements of the contract render subcontracting or other participation of business other than the Offeror infeasible; or 2. A public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or 3. Sufficient MBENVBE providing the services required by the contract are unavailable in the marketplace of the project, despite attempts to locate them; or 4. The application of the provisions of this ordinance will impose an unwarranted risk on the City or unduly delay acquisition of the goods or services. C. Whenever the MBENVBE Office denies a request to waive a goal, the contracting department may appeal that denial to the City Manager whose decision on the request shall be final. VII. PROGRAM ADMINISTRATION A. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, is authorized to establish and implement the regulations set forth in this ordinance. The MBENVBE Office shall be responsible for the overall administration of the City's MBENVBE Program, and its duties and responsibilities shall include: 1. Recommending rules and regulations to effectuate this ordinance; 2. Maintaining a current listing of certified MBE and WBE firms for distribution internally and externally on contracts; 3. Providing information and needed assistance to MBENVBEs to increase their ability to compete effectively for the award of City contracts; 4. Investigating alleged violations of this ordinance and making written recommendations to appropriate City authorities for remedial action when appropriate; 5. Developing and distributing all necessary forms, applications, and documents necessary to comply with this ordinance; 6. Reviewing, on a regular basis, the progress of departments toward achieving the category goals for the utilization of minority and women business enterprises; 13 City Council approved June 2, 1998 7. Making recommendations to appropriate City staff regarding methods to further the policies and goals of this ordinance; 8. Determining MBE/WBE compliance on contracts before they are submitted to the City Council for award; 9. Maintaining accurate contract performance reporting system; and 10.Compiling a report reflecting the progress in attaining the City's annual goal, quarterly and annually. B. It shall be the responsibility of the contracting department to ensure that bids or proposals emanating from the department adhere to the procedures and provisions set forth in this ordinance. 1. The department director or designee shall assume primary responsibility for achieving the goals of this program and shall review, on a continuing basis, all aspects of the program's operations to assure that the purpose is being attained. 2. The contracting department shall take the following action to ensure that MBEs and WBEs have the maximum opportunity to participate on City contracts: a) A written notification shall be sent to minority and women trade associations, contractor's associations, and minority and women chambers of commerce about the availability of formally advertised contracting opportunities no less than 28 days before bids are due; b) All applicable contract solicitations shall include the requirements contained in this ordinance; c) All contracting opportunities shall be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for MBE/WBE; d) For construction and professional service contracts, establish procedures to ensure that all contractors' invoices are paid twice a month and that subcontractors are paid within five (5) City business days after receipt of payment. A contractor's failure to make payments within five (5) City business days shall authorize the City to withhold future payments from the contractor until compliance with this ordinance is attained. e) Establish guidelines to ensure that a notice to proceed is not issued until signed letters of intent evidencing receipt by the MBE/WBE or executed agreements with the MBE/WBE have been submitted; f) Ensure that all required statistics and documentation are submitted to the MBE/WBE Office as requested; and g) If circumstances prevent the contracting department from meeting the 28-day advertising and notification requirements, the contracting department shall perform extensive outreach to MBE/WBE associations or other relevant organizations to inform them of the contracting opportunity. 14 City Council approved June 2, 1998 VIII. CERTIFICATION The City will recognize MBE/WBE that are certified by the Texas Department of Transportation (TxDOT), highway division or the North Central Texas Regional Certification Agency (NCTRCA). In the event of denial of certification by either of these entities, the City reserves the right to grant its own certification for use in City contracts. IX. CONTRACT MONITORING, AND REPORTING A. The MBE/WBE Office shall monitor compliance with these requirements during the term of the contract. If it is determined that there is cause to believe that a contractor or subcontractor has failed to comply with any of the requirements of this ordinance, or the contract provisions pertaining to MBE/WBE utilization, the MBE/WBE Office shall notify the contracting department and the contractor. The MBE/WBE Office shall attempt to resolve the noncompliance through conciliation. If the noncompliance cannot be resolved, the Coordinator and the contracting department shall submit written recommendations to the City Manager or designee, and if the City Manager concurs with the findings, sanctions shall be imposed as stated in ordinance. B. Whenever the MBE/WBE Office finds, after investigation, that a contracting department has failed to comply with the provisions of this ordinance, a written finding specifying the nature of the noncompliance shall be transmitted to the contracting department, and the MBE/WBE Office shall attempt to resolve any noncompliance through conference and conciliation. Should such attempt fail to resolve the noncompliance, the Coordinator shall transmit a copy of the findings of noncompliance, with a statement that conciliation was attempted and failed, to the City Manager who shall take appropriate action to secure compliance. C. The MBE/WBE Office may require such reports, information, and documentation from contractors, offers, contracting agencies, and the head of any department, division, or office of the City of Fort Worth, as are reasonably necessary to determine compliance with the requirements, within ten (10) days after the notice of noncompliance. D. Contracting departments shall maintain accurate records for each contract awarded, including dollar value, the nature of the goods or services to be provided, the name of the contractor awarded the contract, the efforts it employed to solicit bids from MBE/WBE, identifying for each its dollar value, the nature of the goods or services provided, and the name of the subcontractor. E. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, shall submit an annual report to the City Council on the progress of the City toward the utilization goals established by this ordinance, together with an identification of problems and specific recommendations for improving the City's performance. 15 City Council approved June 2, 1998 X. DEBARMENT A. An Offeror who intentionally and/or knowingly misrepresents facts shall be determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than three (3) years. B. The failure of an Offeror to otherwise comply with this ordinance and which constitutes a material breach of contract as stated herein, may result in the Offeror being determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than one (1) year. C. The MBE/WBE Office will send a written statement of facts and a recommendation for debarment to the City Manager. The City Manager, after consultation with the Department of Law, will make the decision regarding debarment and send a certified notice to the Offeror. D. An Offeror that receives notification of debarment may appeal to an Appeal Board, hereinafter created, by giving written notice within ten (10) days from the date of receipt of the debarment notice, to the City Manager of its request for appeal. E. An Appeal Board, consisting of not less than three members appointed by the City Manager with the approval of the City Council, will meet within thirty (30) days from the date of receipt of the request for appeal of debarment, unless Offeror requests an extension of time. The Offeror will be notified of the meeting time and location. F. The Offeror will be afforded an opportunity to appear with Counsel if they so desire, submit documentary evidence, and confront any person that the City presents. G. The Appeal Board will render its decision not more than thirty (30) days of the hearing and send a certified notice to the Offeror. H. If the Appeal Board upholds the original debarment, the Offeror may appeal to the City Council within ten (10) days from the date of receipt of the Appeal Board's decision by giving written notice to the City Manager. I. The appeal will be placed on the City Council agenda within thirty (30) days from receipt of written notice, unless Offeror requests an extension in writing. J. From the date of notification of debarment and during the pendency of any appeal, the City will not consider offers from, award contracts to, renew or otherwise extend contracts with, or contract directly or indirectly through subcontracts with the Offeror pending the Appeal Board's decision. K. Any MBE or WBE subcontractor or supplier who intentionally and/or knowingly misrepresents facts or otherwise violates the provisions of this ordinance may be determined to be irresponsible for a period of time not to exceed one (1) year, and if deemed irresponsible, such MBE or WBE shall not be included in calculating an Offeror's responsiveness. 16 City Council approved June 2, 1998 XI. SEVERABILITY If any provision of this attachment or ordinance, the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, such invalidity shall not affect the other provisions of any other application of this attachment or ordinance which can be given effect without the invalid provision or application, and to this end, all the provisions of this attachment or ordinance are hereby declared to be severable. 17 City Council approved June 2, 199E PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS CIA DEFINITIONS C1-1 (1) C1-1.1 Definition of Terms C1-1 (1) Cl-1.2 Contract Documents Cl-1 (2) Cl-1.3 Notice to Bidders Cl-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) Cl-1.6 General Conditions Cl-1 (2) Cl-1.7 Special Conditions Cl-1 (2) C1-1.8 Specifications C1-1 (2) CI-1.9 Bonds C1-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) ti C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (3) C1-1.18 Director, City Water Department Cl-1 (3) C1-1.19 Engineer C1-1 (3) C1-1.20 Contractor Cl-1 (3) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day Cl-1 (4) = C1-1.24 Calendar Days C1=1 (4) Cl-1.25 Legal Holidays Cl-1 (4) C1-1.26 Abbreviations C1-1 (4) C1-1.27 Change Order C1-1 (5) Cl-1.28 Paved Streets and Alleys Cl-1 (5) - C1-1.29 Unpaved Streets or Alleys C1-1 (6) C1-1.30 City Street C1-1 (6) Cl-1.31 Roadway Cl-1 (6) Cl-1.32 Gravel Street Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 1 C2-2.3 Examination of Contract Documents and Site of Project C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (2) (1) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) C2-2.7 Delivery of Proposal C2-2 (3) C2-2.8 Withdrawing Proposals C2-2(3) C2-2.9 Telegraphic Modifications of Proposals C2-2 (3) r C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (4) C3-3 AWARD AND EXECUTION OF DOCUMENTS: ` C3-3.1 Consideration of Proposals 0-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (1) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds 0-3 (2) C3-3.8 Execution of Contract C3-3 (3) C3-3.9 Failure to Execute Contract C3-3 (3) C-3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (6) C3-3.13 Weekly Payrolls C3-3 (6) C3-3.14 Contractor's Contract Administration C3-3 (6) C3-3.15 Venue 0-3 (7) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C44 (1) C4-4.3 Increased or Decreased Quantities C44 (1) - C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operation C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (1) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (2) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) (2) C5-5.8 Authority and Duties of City Inspector C5-5 (3) C5-5.9 Inspection C5-5 (4) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (4) C5-5.11 Substitute Materials or Equipment C5-5 (4) C5-5.12 Samples and Tests of Materials C5-5 (5) C5-5.13 Storage of Materials C5-5 (5) C5-5.14 Existing Structures and Utilities C5-5 (5) C5-5.15 Interruption of Service C5-5 (6) C5-5.16 Mutual Responsibility of Contractors C5-5 (7) C5-5.17 Clean-Up C5-5 (7) C5-5.18 Final Inspection C5-5 (8) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials, and Processes. C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (1) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges f Contractor in Streets, Alleys, C6-6 (3) and Right-of-Way C6-6.7 Railway Crossings C6-6 (3) C6-6.8 Barricades, Warnings and Flagmen C6-6 (3) C6-6.9 Use of Explosives,Drop Weight, Etc. C6-6 (4) C6-6.10 Work Within Easements C6-6 (5) C6.6.11 Independent Contractor C6-6 (6) �I C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (6) �• C6-6.13 Contractor's Claim for Damages C6-6 (8) C6-6.14 Adjustment or Relocation of Public Utilities, Etc. C6-6 (8) C6-6.15 Temporary Sewer and Drain Connections C6-6 (8) C6-6.16 Arrangement and Charges for Water Furnished by the City C6-6 (9) C6-6.17 Use of a Section or Portion of the Work C6-6 (9) C6-6.18 Contractor's Responsibility for the Work C6-6 (9) C6-6.19 No Waiver of Legal Rights C6-6 (9) C6-6.20 Personal Liability of Public Officials C6-6 (10) C6-6.21 State Sales Tax C6-6 (10) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of The Work C7-7 (1) C7-7.4 Limitation of Operations C7-7 (2) C7-7.5 Character of Workmen and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (3) C7-7.8 Extension of Time Completion C7-7 (3) (3) C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (4) C7-7.11 Suspension by Court Order C7-7 (5) , C7-7.12 Temporary Suspension C7-7 (5) C7-7.13 Termination of Contract due to National Emergency C7-7 (6) C7-7.14 Suspension or Abandonment of the Work C7-7 (6) and Annulment of the Contract: C7-7.15 Fulfillment of Contract C7-7 (8) C7-7.16 Termination for Convenience of the Owner C7-7 (8) C7-7.17 Safety Methods and Practices C7-7 (11) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement Of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) _ C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3) C8-8.8 Final Payment C8-8 (3) .. C8-8.9 Adequacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (4) C8-8.12 Miscellaneous Placement of Material C8-8 (4) C8-8.13 Record Documents C8-8 (4) (4) PART C- GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained on the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The` General Contract - Documents govern all Water Department Projects and Include the following Items PART A-NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C -GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D- SPECIAL CONDITIONS Green PART E- SPECIFICATIONS E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F-BONDS (Sample) White PART G-CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A-NOTICE TO BIDDERS (Advertisement) same as above PART B - PROPOSAL (Bid) PART C- GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E- SPECIFICATIONS PERMITS/EASEMENTS PARTF - BONDS PART G- CONTRACT PART H - PLANS (Usually bound separately) C1-1 (1) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner,has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, �- corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction Md and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Whenever there may be a conflict between the General Conditions and the Special Conditions,the latter shall take precedence. . C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not J specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the -- following: a. Performance Bond (see paragraph C3-3.7) Y b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1 (2) r C1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C 1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth,Texas, or his duly authorized representative. C 1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. CI-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth 'i City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C 1-1.20 CONTRACTOR: The person, person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting C1-1 (3) 6. directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, supplying labor and materials or only labor, for the work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as _ set forth in the Contract Documents and approved changes therein. Cl-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C 1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven(7) hours between 7:00 a.m. and 6:00 p.m., with exceptions _ as permitted in paragraph C7-7.6 C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's day January 1 2. M.L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Forth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: C1-1 (4) AASHTO - American Association of State MGD - Million Gallons Highway Transportation Officials per Day ASCE - American Society of Civil CFS - Cubic Foot per `i Engineers Second IAW - In Accordance With Min. - Minimum ASTM - American Society of Testing Mono. - Monolithic Materials % - Percentum AWWA - American Water Works R - Radius Association I.D. - Inside Diameter ASA - American Standards Association O.D. - Outside Diameter HI - Hydraulic Institute Elev. - Elevation .� Asph. - Asphalt F - Fahrenheit Ave. - Avenue C - Centigrade Blvd. - Boulevard In. - Inch CI - Cast Iron Ft. - Foot CL - Center Line St. - Street GI - Galvanized Iron CY - Cubic Yard Lin. - Linear or Lineal Yd. - Yard lb. - Pound SY - Square yard MH - Manhole L.F. - Linear Foot Max. - Maximum D.I. - Ductile Iron C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature .. which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment,not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1 (5) .r C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for"Paved Streets and Alleys." C1-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2) back of the curb lines or four (`4) feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. C1-1 (6) s SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with Proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner +w will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1) year old. In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten(10)percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been completed not more than five (5) years prior to the date on which Bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2(1) C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring,and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal.No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal -� is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the t form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership,the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2(2) of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any WE alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest-bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager,City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2(3) C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which can not be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of,but not limited to,the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part"A"- Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(4)