HomeMy WebLinkAboutContract 26459 EXECUTED :. CITY +
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FORT ORTH
CITY SECRETARY
CONTRACTNQ
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SPECIFICATIONS AND CONTRACT DOCUMENTS
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FOR
REPAIR AND REPAINTING OF THE
EXISTING 5.5 MG STAGECOACH GROUND
STORAGE TANK
PROJECT NO: PW77-060770180230
Fort Worth Water Department
AUGUST 2000
DAVID R, TOWNSEND
�.&�58737 �k,��
City of Fort Worth, Texas
"alor and Council Communication
DATE REFERENCE NUMBER LOG NAMEPAGE
11/28/00 **C-18364 60PAINT 1 of 2
SUBJECT AWARD OF CONTRACT TO N. G PAINTING, INC. FOR REPAIR AND REPAINTING
OF THE STAGECOACH 5.5 MG GROUND 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 Stagecoach 5.5 MG (million gallon) Ground
Storage Tank, on the low bid of $531,900.
DISCUSSION:
As a part of an in-house project, the Water Department designed and prepared plans and specifications
for the repair and repainting of the Stagecoach 5.5 MG Ground Storage Tank. It was determined that
the tank was 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 October 5, 2000, the following bids were received:
BIDDER BID AMOUNT ESTIMATED COMPLETION TIME
N. G Painting, Inc. $531,900 120 Calendar days
Don L. Owens $626,319
Texas Bridge, Inc. $662,900
Corrosion Eliminator $699,922
Champion Coating $702,500
AUI General Contractors $786,712
TMI Coating, Inc. $947,100
Gulf State Protection $956,300
The project is located in COUNCIL DISTRICT 2.
N. G. Painting, Inc. is in compliance with the City's M/WBE ordinance by committing to 13% M/WBE
participation. The City's goal on this project is 12%.
The total authorized amount includes $25,000 for possible change orders and $2,000 for staff support.
F
I
City of Fort Worth, Texas
"floor And councilcommunication
DATE REFERENCE NUMBER LOG NAME PAGE
11/28/00 **C-18364 60PAINT 2 of 2
SUBJECT AWARD OF CONTRACT TO N. G PAINTING, INC. FOR REPAIR AND REPAINTING
OF THE STAGECOACH 5.5 MG GROUND STORAGE TANK
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Water Capital Projects Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
Originating Department Head: CITY COUNCIL
IL
Dale Fisseler 8207 (from) N OV 28 zow
P160 541200 060160180020 $531,900.00 0 �C
Additional Information Contact: l Y""'
Gitp seca*wy of the
Dale Fisseler 8207 C(Ilf 61 Foe Wim'Texas
REPAIR AND REPAINTING OF THE August 2000
EXISTING 5.5 MG STAGECOACH GROUND
STORAGE TANK
PROJECT NO: PW77-060770180230
Fort Worth Water Department
OF
David Townsend, P.E. ���� .TF ,�
City of Fort Worth
Water Department ~DAVID R. TDWNS N ""f
1000 Throckmorton street •-N»•--»••�'
Fort Worth, Texas 76102 58737 ®w
TABLE OF CONTENTS
Notice to Bidders A
Special Instructions to Bidders A
Proposal B
Minority and Women Business Enterprises Specifications B
General Conditions C
Supplementary Conditions CS
y Special Conditions D
Special Specifications E
01010 Summary of work
01150 Schedules, Report, Payment
01300 Construction Facilities
01301 Construction Photograph
01310 Project Meeting
01340 Shop-drawing, Product Data
01360 Quality Control
01370 Schedule of Value
01420 Inspection Services
16010 Electrical General Provision
16110 Electrical Raceway
16120 Wire and Cable
16199 Miscellaneous
16210 Electrical Utility Service
16410 Underground
16450 Grounding Systems
16455 Lightning Protection
16900 Instrumentation
01700 Contract Close-out
01710 Cleaning and Adjusting
01711 Seeding of Lawns
02100 Site preparation & Cleaning
02830 Chain Link Fence
03600 Concrete
05500 Metal Fabrications
05515 Vault Door & Ladder Post
05520 Handrail &Railing
09900 Steel Water Tank Painting
09900 Steel Water Tank Painting
09910 Removal of Lead Base Coating
11550 Fall Prevention Systems
15041 Disinfection
Certificate of InsuranceBonds F
Contract G
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PART A
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F
PART A- NOTICE TO BIDDERS
Sealed proposals for the furnishing of all labor, materials, and equipment necessary for this
project, Repair and Repainting of the Existing 5.5 MG Stagecoach Ground Storage Tank, Water
Department No. PW77-060770180230 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, September28, 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 Fort Worth Water Department, 1000
Throckmorton Street,Fort Worth,TX 76102. Monday-Friday-8:00 AM-5:00 PM)Plans will be
available after August 29, 2000.
Pre-qualification according to 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 at the Fort Worth Water Department,
1000 Throckmorton Street, 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 AM on Thursday, September 14, 2000 at the Fort
Worth South Holly Water Treatment Plant SCADA Building located near Fournier Street.
Attendance is not 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 to the existing Stagecoach Ground Storage Tank 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 Gloria Pearson
City Manager City Secretary
Publication: August 24, 2000
August 31, 2000
SPECIAL INSTRUCTIONS TO BIDDERS
1. PREQUALIFICATION REQUIREMENTS. All contractors submitting bids are required to
be prequalified by the Fort Worth Water Department prior to submitting bids. This
prequalification process will establish a bid limit based on technical evaluation and financial
analysis of the contractor. It is the bidder's responsibility to submit the following
documentation: a current financial statement, current financial statement, an acceptable
equipment schedule and any other documents the Department may deem necessary, to the
Director of the Water Department at least seven (7) calendar days prior to the date of the
opening of bids.
a) The financial statement required shall have been prepared by an independent
certified public accountant or independent public accountant holding a valid permit
issued by an appropriate State licensing agency and shall have been so prepared as to
reflect the financial status of the submitting company.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.
b) 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 the work of both the
same nature and technical level as that of the project for which bids are to be
received.
C) The Director of the Water Department. shall be the sole judge as to the
acceptability for financial qualification to bid on any Fort Worth Water Department
project.
d) Bid received in excess of the bid limit shall be considered non-responsive and
will be rejected as such.
e) The City, in its sole discretion, may reject a bid for failure to demonstrate
experience and/or expertise.
f) Any proposals submitted by a non-prequalifed bidder shall be returned unopened,
and if inadvertently opened, shall not be considered.
g) The City will attempt to notify prospective bidders whose qualifications
(financial or experience) are not deemed to be appropriate to the nature and/or
magnitude of the project on which bids are to be received. Failure to notify shall not
be a wavier of any necessary prequalification.
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2. BID SECURITY. A cashier's check, or an acceptable bidder's bond, payable to the City of
Fort Worth, in the amount of not less than five (5%) percent 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) days after the
contract has been awarded. To be an acceptable surety on the bond, (1) the name of the
Surety Company shall be included on the current U.S. Treasury list of acceptable sureties, or
(2) the surety company must have capital and surplus equal to ten times the limit on 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 U.S. Treasury list or one-tenth (1/10) the
total capital and surplus.
3. BONDS. A performance bond, a payment bond, and maintenance bond each for one
hundred (100%)percent of the contract price will be required. Reference C3-3.7.
4. WAGE RATES. Not less that the prevailing wage rates established by the City of Fort
Worth, Texas, and 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: Prior to the award of contract to an out-of-state bidder, the bidder shall
be licensed to do business in the State of Texas. For licensing procedures, contact the Texas
Secretary of State Offices (Telephone Number 1-512-463-5555 or 1-900-263-0060)
7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues, the
City of Fort Worth will not award this contract to a nonresident bidder unless the
nonresident's bid is lower that the lowest bid submitted by a Texas resident bidder by the
same amount that a Texas resident 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 is not in this state,
but excludes a contractor whose ultimate parent company or majority owner has a place of
business in the State of Texas.
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 amount shall be paid
within forty-five(45)days after the completion and acceptance by the City.
A-2
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,
R 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 basis of a 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 requirements.
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 the City arising out of the Contractor's and/or its subcontractors' alleged failure to
comply with the above referenced Policy concerning age discrimination in the performance
of the contract.
10. DISABILITY: In accordance with 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 the Contractor or any of its subcontractors. Contract
warrants it will fully comply with ADA's provision and any other applicable Federal, State,
and local laws concerning disability and will defend, indemnify and hold harmless against
any claims or allegations asserted by third parties or subcontractors against the City arising
out of the Contractor's and/or its subcontractors' alleged failure to comply with the above
referenced Policy concerning disability discrimination in the performance of this contract.
11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City of
Fort Worth Ordinance No. 11923 and 13471, the City of Fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City
contracts. A copy of these Ordinances can be obtained from the Office of the City Secretary.
In order for a bid to be considered responsive, the bidder shall submit the MBE/WBE
UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD
FAITH EFFORT FORM ("Documentation") as applicable. The documentation must be
received no later than 5:00 PM, five (5) City business days after the bid opening date. The
bidder shall obtain a receipt from the appropriate employee of the managing department to
whom delivery was made. Such receipt shall be evidence that the documentation was
received by the City. Failure to comply shall render the bid non-responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate information
regarding actual work performed by a Minority Business Enterprise (MBE) and/or Women
A-3
Business Enterprise (WBE) on a contract and payment thereof. Contractor further agrees to
permit any audit and/or examination of any books, records or files in its possession that will
substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of
facts (other than a negligent misrepresentation) and/or the commission of fraud by the
Contractor will be grounds for termination of the contract and/or initiating action under
appropriate federal, state or local laws or ordinances relating to false statements. Further,
any such misrepresentation (other than a negligent misrepresentation) and/or commission of
fraud will result in the Contractor being determined to be irresponsible and barred from
participating in City work for a period of time of not less than three (3) years.
12. ADDENDA: Bidders wanting further information, interpretation or clarification of the
contract documents must make their request in writing to the Fort Worth Water Department
Engineering Services, at least 96 hours prior to bid opening. Answers to all such requests
will be bound and made a part of the Contract Documents. No other explanation or
interpretation will be considered official or binding. Should a bidder find discrepancies in,or
omissions from, the Contract Documents, or should the bidder be in doubt as to their
meaning, the bidder should at once notify the Fort Worth Water Department Engineering
Services, in order that a written addendum may be sent to all bidders. Any addenda issued
n will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by
the bidder must be so constructed as to include any addenda issued by the Fort Worth Water
Department, prior to 24 hours of the opening of bids with appropriate recognition of
addenda so noted in the bid proposal.
13. PRE-BID CONFERENCE: A Pre-Bid Conference will be held at 10:00 AM, August 9,
20002 at the Fort Worth South Holly Water Treatment Plant SCADA Conference Room, 920
Fournier Street, Fort Worth, Texas, 76102.
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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
5.5 MG STAGECOACH GROUND STORAGE TANK
PROJECT NO. PW77-060770180230
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):
B-1
BASE BID-REPAIR AND REPAINT EXISTING 5.5 MG Welded Steel RESERVOIR
Item Spec. Estimated Unit Unit Bid Amount
No. Item Quantity Name of pay item with Unit price in words Price Bid
I D-34 1 LS Mobilization.
Five thousand Dollars
And No Cents $5,000 $5,000
Per Unit
2 D-34 500 SF Repair of Pits and Scaling of Tank Interior and Exterior.
Two Dollars
$2 $1,000
And No Cents
Per Unit
3 D-34 200 LY Repair of Welds Seams of Tank Interior and Exterior.
Five Dollars
$5 $1,000
And No Cents
Per Unit
4 D34 1 L.S City of Fort Worth Molly Logo(12ft by 36ft per plan).
Four thousand Dollars
$4,000 $4,000
And No Cents
Per Unit
5 D-34 800 SY Remove and Replace Roof Plates.
One Dollars
$1 $800
And No Cents
Per Unit
6 D-34 80 LY Remove and Replace Roof Rafters.
Ten Dollars
$10 $800
And No Cents
Per Unit
B-2
Base bid Continue
Item Spec. Estimated Unit Unit Bid Amount
No. Item Quantity Name of pay item with Unit price in words
Q h' Price Bid
7 D-34 80 L.F Remove and Replace Roof Girders.
Ten Dollars $10 $800
And No Cents
Per Unit
8 D-34 I L.S Modify the Existing Overflow per plan.
Twenty Thousand Dollars $20,000 $20,000
And No cents
Per Unit
9 09900 1 L.S Surface Preparation and Application of Tank Interior
D-34 Paint Coating System.
Two Hundred Thousand Dollars $200,000 $200,000
And No Cents
Per Unit
10 09900 1 L.S Surface Preparation and Application of Tank Exterior
D34 Paint Coating System.
One Hundred Forty Thousand Dollars $140,000 $140,000
And No Cents
Per Unit
11 D-34 1 L.S Non-Hazardous,Non-Municipal Disposal of Special
Waste Material From Paint Removal.
Two Thousand Dollars
$2,000 $2,000
And No Cents
Per Unit
12 Sealant of base floor plate and ringbeam and painting.
D-34 1 L.S
Five Thousand Dollars
$5,000 $5,000
And No Cents
Per Unit
B-3
BASE BID CONTINUE
' Item Spec. Estimated Unit Unit Bid Amount
No. Item Quantity Name of pay item with Unit price in words Price Bid
13 D-34 5 EA 36"Roof Vents per plan and specifications.
One Thousand Dollars $1,000 $5,000
And No Cents
Per Unit
14 D-34 2 EA Remove and replace the Existing manways with 36"
(Davit Arm per plan and specs)to meet TNRCC.
Three Thousand Dollars $3,000 $6,000
And No Cents
Per Unit
15 D-34 1 L.S Remove and replace the Interior ladder of the tank per
plan and specs.
Two Thousand Dollars $2,000 $2,000
And No Cents
Per Unit
16 D-34 2 L.S Install new EIM Valve actuators on the top of inlet and
Outlet on valve vault and a sump pump per plan and
specs.
Ten Thousand Dollars $10,000 $20,000
And No Cents
Per Unit
17 D-34 1 L.S Install new reinforced concrete overflow airgap system
as indicated on the plan,connect to existing drain line
at site,backfill and compact per plan.
$20,000 $20,000
Twenty Thousand Dollars
And No Cents
Per Unit
B-4
• BASE BID CONTINUE
Item Spec. Estimated Unit Unit Bid Amount
No. Item Quantity Name of pay item with Unit price in words Price Bid
18 D-34 2 L.S Remove and Replace the existing concrete valve cover
with a pre-cast concrete cover,equip with Bilco Hatch
per plan.
$5,000 $10,000
Five Thousand Dollars
And No Cents
Per Unit
19 D-34 1 L.S Remove and replace existing roof hatch per plan.
One Thousand Dollars $1,000 $1,000
And No Cents
Per Unit
' 20 D-34 1 L.S Instrumentation,Furnish and install surge protector,
Intruder alarm, lights in the Vaults, pressure
transmitter, level transmitter,chlorine analyzer, install
PIT and LIT and SCADA system programming by
HSQ per plan and specifications.
forty Thousand Dollars $40,000 $40,000
And No Cents
Per Unit
Quality control&inspection Equipment,Dew meter
21 D34 1 L.S (model 219&219c), Wall mount hygrometer/
Thermometer(model 3313-90), Positector 6000 dry
film gage(model FS Memory3), Holiday detector
(model M-1),KTA Coating handbook Volume II,
spring micrometer training surface with Testex press-
o-film replica tape and hard shell carrying case. Per
KTA-TATOR Catalog.
Four Thousand Dollars $4,000 $4,000
And No Cents
Per Unit
B-5
BASE BID CONTINUE
Item Spec. Estimated Unit Unit Bid Amount
No. Item Quantity Name of pay item with Unit price in words
Q h' Price Bid
22 D-34 1 LS Remove and replace the North Fence(720 linear feet)
with concrete mow strip per plan.
Forty Thousand Dollars $40,000 $40,000
w
And No Cents
Per Unit
23 D-34 1 EA Grading and seeding per plan and specification.
One Thousand Dollars $1,000 $1,000
And No Cent
Per Unit
24 D-34 I L.S Remove and Replace the existing security gate on the
exterior ladder per plan.
One Thousand Dollars $1,500 $1,500
And No Cents
Per Unit
25 D34 I L.S Additional Disposal for Hazardous of Waste Material
from Paint Removal.
One Thousand Dollars $1,000 $1,000
And No Cents
Per Unit
SUBTOTAL AMOUNT BASE BID
Five Hundred Thirty One Thousand Nine Hundred DOLLARS
And No CENTS
CONTRACTOR WILL BE SELECTED ON BASIS OF TOTAL Base BID: HOWEVER, THE CITY RESERVES THE
RIGHT TO DELETE THE BID ITEMS PER PROJECT CONSTRUCTION REQUIREMENTS.
B-6
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.
— 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.
B-7
The Bidder agrees to begin construction within 10 calendar days after issue of the work
order, and to complete the contract within 150 calendar days after beginning construction
as set forth in the written work order to be furnished by the Owner.
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
By tL
Title
Address t'3 6& x-, YZc 7 A)
Telephone '3p
B-8
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city of Fort Worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar
value of the contract is less than$25,000,the M/WBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/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 M/WBEs that provide
goods and services directly or indirectly to the City.
MIWBE PROJECT GOALS
The City's MBE/WBE goal on this project is 12% of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance
by either of the following:
1. Meet or exceed the above stated MfWBE goal,or;
2. Good Faith Effort documentation, or;
3. Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department, within the following times allocated, in
order for the entire bid to be considered responsive to the specifications.
1. M/WBE Utilization Form: received by 5:00 p.m.,five(5)City business days after the
bid opening date,exclusive of the bid opening date.
2. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the
bid opening date,exclusive of the bid opening date.
3. Good Faith Effort Form: received by 5:00 p.m.,five(5)City business days after the
bid opening date,exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING
CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
Any questions, please contact the MIWBE Office at(817)871-6104.
Rev.612198
ATTACHMENT 1C
Page 1 of 3
City of Fort Worth
Minority and Women Business Enterprise
GOOD FAITH EFFORT
Prime Company Name Bid Date
Project Name Project Number
If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if
r your M/WBE participation is less than the City's project goal,you must complete this form.
If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a
"good faith effort", the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Managing Department on or before 5:00 p.m.five(5)City business days after bid opening, exclusive of bid
opening date,will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier 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 MlWBE or non-M/WBE.
(Use additional sheets, if necessary)
List of: Subcontracting Opportunities List of: Supplier Opportunities
- — Rev.6,12l9B
ATTACHMENT 1B
�•
Ci of Fort Worth Page 1 of 1
Minority and Women Business Enterprise Specifications
AdP 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 p m., five f5) 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
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
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 bid opening.
Yes Date of Listing 1
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 bid opening by mail,exclusive of the day the bids are
opened?
Yes If yes, attach M/WBE mail listing to include name of firm and address and a dated
No copy of 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 bid opening by telephone, exclusive of the day the bids are
opened?
` Yes If yes, attach list to include name of M/WBE firm, ep rson contacted,
�No phone number and date and time of contact.
0i
NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile
dy is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and
documentation faxed.
NOTE: If a SIC list of M/WBE is ten or less,the bidder must contact the entire list to be in compliance with
questions 3 and 4. If a sic list of M/WBE is more than ten, the bidder must contact at least two-thirds of
the 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?
Yes
No
6.) If M/WBE bids were received and rejected,you must:
(1) List the M/WBE firms and the 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.)
r (Please use additional sheets,if necessary,and attach.)
Company Name Telephone Contact Person Scope of Work Reason for
Rejection
Rev ROM
ATTACHMENT 1C
Page 3 of 3
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
�. M/WBE participation on this project.
5
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
E
The undersigned certifies that the information provided and the M/WBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attachment 1C will be contacted and the 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 Telephone Number(s)
Address Fax Number
City/State/Zip Date
Rev', 612M
ATTACHMENT 1A
PAGE 1 of 2
City of Fort Worth
Minority and Women Business Enterprise Specifications
MBEIWBE UTILIZATION FORM
N.G Painting,Inc. October 5,2000
PRINK COMPANY NAME BID DATE
" 5..5 MG Stagecoach Ground Storage Tank PW77-060770180230
PROJECT NAME PROJECT NUMBER
12%
CITY-S MNVBE PROJECT GOALMNVBE 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. ¢ Scope of Work(*) Supplied(*)
O
Lake Richardson Construction Yes Concrete Concrete works 1 $25,382.00
P.O Box 185577
Fort Worth,Texas 76181
(817)28409746
Custom Fence Yes Fence Security Fence l $17,79.00
around the Site
401 North Rudd
Burleson,Texas 76097
(817)295-8811
} Service Excelleence,Inc. Yes Paint Supplies Paint $27,000.00
P.O Box 540444
Dallas,Texas 75354-444
(214)
MA BEs must be located,in 9(nine)county marketplace or currently doing business in the marketplace at thei time of bid.
:(*)Specify all areas in which771
.MAN BEs are to be uplized and/or items to be stippUed $ x 4
(*)A Complete//sting of items to 6e supplie is"required In order to received iredd toW-0e d the;j41M/BE Gcai r"
Identify each Tier level. Tier. Means the level of subcontracting below the,prime contractor/r,,.onsultant,aje,
a direct payment from the prime contractor to subcontractor is considered 1"tier,
payment by a subcontractor to its supplier ls considered 2nd:tier.
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
f_�n 4 --A.�-6 A,.wfr,w.,..,« '[ -.-I Ma earalv&fl by rha mAnacsinn Gffnarhment
ATTACHMENT 1A
PAGE 2 of 2
City of Fort Worth
Minority and Women Business Enterprise Specifications
'Company Name,-Contact Name, Certified Specify All Contracting't' *.N
,` .Spei ltems to'be , Dotfar Amount
+Address,and Teleptio�le oto; �'`;° Scope of Work(' Supplied(*) u
p N a
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 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.
ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD
X/I CL 1�1�; Nick Gramatikakis
Authori ed Signa Printed Signature
President Connie Olden/Office Manager
Title Contact Name and Title(if different)
N.G Painting,Inc_. (830)257-5940
Company Name Telephone Number(s)
313 Mill Run (830 792-4888
Addrom Fax Number
Kerrville,Texas 78028 12-6-2000
City/State0p Code Date
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
Paaes 1 anti 2 of Attachment 1A must be received by the Managing 00partmant
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
16
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 lune 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 subcontracting/supplier 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
i - 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
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
r 4 City Council approved June 2, 1998
0
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
1 st 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
more women; and
b. whose management and daily business operations are controlled by one or
more women who own it.
11. 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 MBE/WBEs 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.
I 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:
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, MBE/WBE 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
MBE/WBE 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 MBE/WBE 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
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 City Manager, with the advice and counsel of the MWBEAC in accord with 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
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.
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
MBE/WBE 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
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
r■
5. Whenever contract, amendments, change orders, or extra work orders are made
.a 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
such amendment, change order or extra work.
b) If the amendment, change order or extra work is not covered by any
s 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
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
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
.. 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
i
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 MBE/WBE 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 MBE/WBE 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 MBE/WBE 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 MBE/WBE 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 MBE/WBE Office shall be responsible for
the overall administration of the City's MBE/WBE 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 MBE/WBEs 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 1City 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, 1998
PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
NOVEMBER 1, 1987
TABLE OF CONTENTS
C1-1 DEFINITIONS C1-1 (1)
Cl-1.1 Definition of Terms Cl-1 (1)
Cl-1.2 Contract Documents C 1-l (2)
Cl-1.3 Notice to Bidders CI-1 (2)
C1-1.4 Proposal C1-1 (2)
C1-1.5 Bidder C1-1 (2)
Cl-1.6 General Conditions Cl-1 (2)
C1-1.7 Special Conditions C1-1 (2)
Cl-1.8 Specifications Cl-1 (2)
C1-1.9 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 Cl-1 (3)
C1-1.14 Mayor C1-1 (3)
C1-1.15 City Manager C1-1 (3)
C1-1.16 City Attorney Cl-1 (3)
Cl-1.17 Director of Public Works C 1-l (4)
Cl-1.18 Director, City Water Department CI-1 (4)
Cl-1.19 Engineer CI-1 (4)
CI-1.20 Contractor Cl-1 (4)
C1-1.21 Sureties C1-1 (4)
Cl-1.22 The Work or Project Cl-1 (4)
Cl-1.23 Working Day Cl-1 (4)
C1-1.24 Calendar Days CI-1 (4)
C1-1.25 Legal Holidays CI-1 (4)
C1-1.26 Abbreviations C1-1 (5)
C1-1.27 Change Order CI-1 (6)
C1-1.28 Paved Streets and Alleys C1-1 (6)
Cl-1.29 Unpaved Streets or Alleys Cl-1 (6)
C1-1.30 City Street CI-1 (6)
Cl-1.31 Roadway C 1-l (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 (3)
(1)
C2-2.5 Rejection of Proposals C2-2 (3) _
C2-2.6 Bid Security C2-2 (3)
C2-2.7 Delivery of Proposal t C2-2 (4)
C2-2.8 Withdrawing Proposals C2-2 (4)
C2-2.9 Telegraphic Modifications of Proposals C2-2 (4)
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 (5)
C3-3 AWARD AND EXECUTION OF DOCUMENTS:
C3-3.1 Consideration of Proposals C3-3 (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 (2)
C3-3.5 Award of Contract C3-3 (2)
C3-3.6 Return of Proposal Securities C3-3 (2)
C3-3.7 Bonds C3-3 (2)
C3-3.8 Execution of Contract C3-3 (4) Y
C3-3.9 Failure to Execute Contract C3-3 (4)
C-3-3.10 Beginning Work C3-3 (4)
C3-3.11 Insurance C3-3 (4)
C3-3.12 Contractor's Obligations C3-3 (7)
C3-3.13 Weekly Payrolls C3-3 (7)
C3-3.14 Contractor's Contract Administration C3-3 (7) rt
C3-3.15 Venue C3-3 (8)
C4-4 SCOPE OF WORK
C4-4.1 Intent of Contract Documents C4-4 (1) _
C4-4.2 Special Provisions C4-4 (1)
C4-4.3 Increased or Decreased Quantities C4-4 (1)
C4-4.4 Alteration of Contract Documents C44 (2)
C4-4.5 Extra Work C44 (2)
C4-4.6 Schedule of Operation C44 (3)
C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C44 (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 (2)
C5-5.4 Cooperation of Contractor C5-5 (2)
C5-5.5 Emergency and/or Rectification Work C5-5 (3)
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 (4)
C5-5.9 Inspection C5-5 (5)
C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5)
C5-5.11 Substitute Materials or Equipment C5-5 (5)
C5-5.12 Samples and Tests of Materials C5-5 (6)
C5-5.13 Storage of Materials C5-5 (6)
C5-5.14 Existing Structures and Utilities C5-5 (7)
C5-5.15 Interruption of Service C5-5 (7)
C5-5.16 Mutual Responsibility of Contractors C5-5 (8)
C5-5.17 Clean-Up C5-5 (8)
C5-5.18 Final Inspection C5-5 (9)
C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 Laws to be Observed C6-6 (1)
C6-6.2 Permits and Licenses C61-6 (1)
C6-6.3 Patented Devices, Materials, and Processes C6-6 (1)
C6-6.4 Sanitary Provisions C6-6 (2)
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 (4)
C6-6.8 Barricades, Warnings and Flagmen C6-6 (4)
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)
C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (8)
C6-6.13 Contractor's Claim for Damages C6-6 (10)
Pb C6-6.14 Adjustment or Relocation of Public Utilities, Etc. C6-6 (10)
C6-6.15 Temporary Sewer and Drain Connections C6-6 (10)
C6-6.16 Arrangement and Charges for Water Furnished by the City C6-6 (11)
R' C6-6.17 Use of a Section or Portion of the Work C6-6 (11)
C6-6.18 Contractor's Responsibility for the Work C6-6 (11)
C6-6.19 No Waiver of Legal Rights C6-6 (12)
r C6-6.20 Personal Liability of Public Officials C6-6 (12)
C6-6.21 State Sales Tax C6-6 (12)
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 (4)
C7-7.8 Extension of Time Completion C7-7 (4)
.. (3)
C7-7.9 Delays C7-7 (4)
C7-7.10 Time of Completion C7-7 (5)
C7-7.11 Suspension by Court Order C7-7 (6)
C7-7.12 Temporary Suspension C7-7 (6)
C7-7.13 Termination of Contract due to National Emergency C7-7 (7)
C7-7.14 Suspension or Abandonment of the Work C7-7 (7)
and Annulment of the Contract:
C7-7.15 Fulfillment of Contract C7-7(9)
C7-7.16 Termination for Convenience of the Owner C7-7 (10) -,
C7-7.17 Safety Methods and Practices C7-7 (13)
(4)
W
in
PART C - GENERAL CONDITIONS
C1-1 DEFINITIONS
on
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
PR 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
PART F -BONDS
R 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
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. .
CI-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements
which are necessary for the particular project covered 1;y the Contract Documents and not
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.
CI-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)
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-I (2)
o
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.
C1-1.15 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.
C1-1.17 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
City Water Department, or their duly authorized assistants, agents, engineers, inspectors,
or superintendents, acting within the scope of the particular duties entrusted to them.
C1-1.20 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)
OR
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.
C1-1.22 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.
C1-1.23 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
i
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 i
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:
Cl-1 (4)
AASHTO - American Association of State MGD - Million Gallons
Highway Transportation Officials per Day
ASCE - American Society of Civil CFS - Cubic Foot per
Engineers Second
- -
LAW In Accordance With Min. Minimum
ASTM - American Society of Testing Mono. - Monolithic
Materials % - Percentu
- m
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: AY
aved street or alley shall be defined as
P
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.
r
5. Any combination of the above.
C1-1 (5)
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) 1'
1�
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
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
PM 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
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.
r
C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any
alteration of words or figures, additions not called for, conditional or uncalled for
PF 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 Mo
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. w
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)
PART C - GENERAL CONDITIONS
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
SECTION 0-3 AWARD AND EXECUTION OF DOCUMENTS:
C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and
read aloud, the proposals will be tabulated on the basis of the quoted prices,the quantities
shown in the proposal, and the application of such formulas or other methods of bringing
items to a common basis as may be established in the Contract Documents.
The total obtained by taking the sum of the products of the unit prices quoted and the
estimated quantities plus any lump sum items and such other quoted amounts as may
enter into the cost of the completed project will be considered as the amount of the bid.
Until the ward of the contract is made by the Owner, the right will be reserved to reject
any or all proposals and waive technicalities, to re-advertise for new proposals, or to
proceed with the work in any manner as may be considered for the best interest of the
Owner.
C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS
ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request,
complete and accurate information regarding actual work performed by a Minority
Business Enterprise (MBE) and/or a Woman-owned Business Enterprise (WBE) on the
contract and the payment therefor. Contractor further agrees, upon request by the Owner,
to allow and audit and/or an examination of any books, records, or files in the possession
of the Contractor that will substantiate the actual work performed by an MWE or WBE.
Any material misrepresentation of any nature will be grounds for termination of the
contract and for initiating any action under appropriate federal, state or local laws and
ordinances relating to false statements; further, any such misrepresentation may be
grounds for disqualification of Contractor at Owner's discretion for bidding on future
Contracts with the Owner for a period of time of not less than six(6)months.
C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with
Current City Ordinances prohibiting discrimination in employment practices. The
Contractor shall post the required notice to that effect on the project site, and at his
request, will be provided assistance by the City of Fort Worth's Equal Employment
Officer who will refer any qualified applicant he may have on file in his office to the
Contractor. Appropriate notices may be acquired from the Equal Employment Officer.
C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the
Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on
which the proposals were opened.
C3-3 (1)
C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final
action on the proposals for a reasonable time, not to exceed forty-five (45) days after the
date of opening proposals, and in no event will an award be made until after
investigations have been made as to the responsibility of the proposed awardee.
The award of the contract, if award is made, will be to the lowest and best responsive
bidder.
The award of the contract shall not become effective until the Owner has notified the
Contractor in writing of such award.
C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals
have been determined for comparison of bids,the Owner may, at its discretion, return the
proposal security which accompanied the proposals which, in its judgment, would not be
considered for the award. All other proposal securities, usually those of the three lowest i
bidders, will be retained by the Owner until the required contract has been executed and
bond furnished or the Owner has otherwise disposed of the bids, after which they will be
returned by the City Secretary. ;
C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the
Contractor shall furnish to, and file with the owner in the amounts herein required, the
following bonds:
a. PERFORMANCE BOND: A good and sufficient performance bond in
the amount of not less than 100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the full
and faithful execution of the work and performance of the contract, and for
the protection of the Owner and all other persons against damage by
reason of negligence of the Contractor, or improper execution of the work
or use of inferior materials. This performance bond shall guarantee the
payment for all labor, materials, equipment, supplies, and services used in
the construction of the work, and shall remain in full force and effect until
provisions as above stipulated are accomplished and final payment is
made on the project by the City.
b. MAINTENANCE BOND: A good and sufficient maintenance bond, in d
the amount of not less than 100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the
prompt, full and faithful performance of the general guaranty which is set
forth in paragraph C8-8.10.
C. PAYMENT BOND: A good and sufficient payment bond, in the `t
amount of not less than 100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the
prompt, full and faithful payment of all claimants as defined in Article
C3-3 (2)
5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill
344, Acts 56'h Legislature, Regular Session, 1959, effective April 27,
1959, and/or the latest version thereof, supplying labor and materials in the
prosecution of the work provided for in the contract being constructed
under these specifications. Payment Bond shall remain in force until all
payments as above stipulated are made.
d. OTHER BONDS: Such other bonds as may be required by these
Contract Documents shall be furnished by the Contractor.
No sureties will be accepted by the Owner which are at the time in default or delinquent
on any bonds or which are interested in any litigation against the Owner. All bonds shall
be made on the forms furnished by the Owner and shall be executed by an approved
r` surety company doing business in the City of Fort Worth, Texas, and which is acceptable
to the Owner. In order to be acceptable, the name of the surety shall be included on the
current U.S. Treasury list of acceptable sureties, and the amount of bond written by any
one acceptable company shall not exceed the amount shown on the Treasury list for that
company. Each bond shall be properly executed by both the Contractor and Surety
Company.
Should any surety on the contract be determined unsatisfactory at any time by the Owner,
notice will be given the Contractor to that effect and the Contractor shall immediately
provide a new surety satisfactory to the Owner. No payment will be made under the
contract until the new surety or sureties, as required, have qualified and have been
accepted by the Owner. The contract shall not be operative nor will any payments be due
or paid until approval of the bonds by the Owner.
C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has
appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute
and file with the Owner, the Contract and such bonds as may be required in the Contract
Documents.
No Contract shall be binding upon the Owner until it has been attested by the City
P ' Secretary, approved as to form and legality by the City Attorney, and executed for the
Owner by either the Mayor or City Manager.
C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to
execute the required bond or bonds or to sign the required contract within ten (10) days
after the contract is awarded shall be considered by the owner as an abandonment of his
proposal, and the owner may annual the Award. By reason of the uncertainty of the
market prices-of material and labor, and it being impracticable and difficult to accurately
determine the amount of damages occurring to the owner by reason of said awardee's
failure to execute said bonds and contract within ten (10) days, the proposal security
accompanying the proposal shall be the agreed amount of damages which the Owner will
C3-3 (3)
C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the
owner reserves the right to make such changes in the Contract Documents and in the
character or quantities of the work as may be necessary or desirable to insure completion
in the most satisfactory manner, provided such changes do not materially alter the
original Contract Documents or change the general nature of the project as a whole. Such
changes shall not be considered as waiving or invalidating any condition or provision of
the Contract Documents.
C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations
of the Contract Documents or of quantities or for other reasons for which no.prices are
provided in the Contract Documents, shall be defined as "Extra Work" and shall be
performed by the Contractor in accordance with these Contract Documents or approved
additions thereto; provided however, that before any extra work is begun a "Change
order" shall be executed or written order issued by the Owner to do the work for
payments or credits as shall be determined by one or more combination of the following
methods:
MW
a. Unit bid price previously approved.
b. An agreed lump sum.
C. The actual reasonable cost of(1) labor, (2)rental of equipment used on the
extra work for the time so used at Associated General Contractors of
America current equipment rental rates, (3)materials entering permanently
into the project, and(4) actual cost of insurance, bonds, and social security
as determined by the Owner, plus a fixed fee to be agreed upon but not to
exceed 10 percent of the actual cost of such extra work. The fixed fee is
not to include any additional profit to the Contractor for rental of
equipment owner by him and used for extra work. The fee shall be full and
complete compensation to cover the cost of superintendence, overhead,
other profit, general and all other expense not included in (1), (2), (3), and
(4) above. The Contractor shall keep accurate cost records on the form and
in the method suggested by the Owner and shall give the Owner access to
all accounts,bills,vouchers, and records relating to the Extra Work.
No "Change Order" shall become effective until it has been approved and signed by each .�
of the Contracting Parties.
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Owner. In case any orders or instructions, either oral or written, appear to the Contractor
to involve Extra Work for which he should receive compensation, he shall make written
request to the Engineer for written orders authorizing such Extra Work,prior to beginning
such work.
C4-4 (2)
PP
on
Should a difference arise as to what does or dose not constitute Extra Work, or as to the
payment thereof, and the Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written orders and shall keep
accurate account of the actual reasonable cost thereof as provided under method (Item Q.
Claims for extra work will not be paid unless the Contractor shall file his claim with the
Owner within five (5) days before the time for making the first estimate after such work
is done and unless the claim is supported by satisfactory vouchers and certified payrolls
covering all labor and materials expended upon said Extra Work.
The Contractor shall furnish the Owner such installation records of all deviations from
W the original Contract Documents as may be necessary to enable the Owner to prepare for
permanent record a corrected set of plans showing the actual installation.
The compensation agreed upon for "Extra Work" whether or not initiated by a "Change
Order" shall be a full, complete and final payment for all costs Contractor incurs as a
result or relating to the change or extra work, whether said costs are known, unknown,
foreseen or unforeseen at that time, including without limitation, any costs for delay,
extended overhead, ripple or impact cost, or any other effect on changed or unchanged
work as a result of the change or extra work.
C4-4.6 SCHEDULE OF OPERATION: Before commencing any work under this
contract, the Contractor shall submit to the Owner and receive the Owner's approval
thereof, a "Schedule of Operations," showing by a straight line method the date of
commencing and finishing each of the major elements of the Contract. There shall be also
shown the estimated monthly cost of work for which estimates are to be expected. There
shall be presented also a composite graph showing the anticipated progress of
construction with the time being plotted horizontally and percentage of completion
plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at
least five black or blue line prints shall be furnished to the Owner.
C44.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES:
Within ten (10) days prior to submission of the first monthly progress payment, the
Contractor shall prepare and submit to the owner for approval six copies of the schedule
in which the Contractor proposes to carry on activities (including procurement of
materials, plans, and equipment) and the contemplated dates for completing the same.
The schedule shall be in the form of a time schedule Critical Path Method (CPM)
network diagram. As the work progresses, the Contractor shall enter on the diagram the
actual progress at the end of each partial payment period or at such intervals as directed
by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments
in contract time approved by the Engineer. Three copies of the updated schedule shall be
delivered at such intervals as directed by the Engineer.
As a minimum, the construction schedule shall incorporate all work elements and
activities indicated in the proposal and in the technical specifications.
.r C4-4 (3)
�T
release any requirement of these Contract Documents, nor to approve or accept any
portion or section of the work, nor to issue any instructions contrary tot he requirement s
of the Contract Documents. The City Inspector will in no case act as superintendent or
foreman or perform any other duties for the Contractor, or interfere with the management
or operation of the work. He will not accept from the Contractor any compensation in any -
form for performing any duties. The Contractor shall regard and obey the directions and
instructions of the City Inspector or Engineer when the same are consistent with the
obligations of the Contract Documents of the Contract Documents, provided, however,
should the Contractor object to any orders or instructions or the City Inspector, the
Contractor may within six days make written appeal to the Engineer for his decision on
the matter in Controversy.
C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every
reasonable facility for ascertaining whether or not the work as performed is in accordance
with the requirements of the Contract Documents. If the Engineer so requests, the
Contractor shall, at any time before acceptance of the work, remove or uncover such
portion of the finished work as may be directed. After examination, the Contractor shall !
restore said portions of the work to the standard required by the Contract Documents.
Should the work exposed or examined prove acceptable, the uncovering or removing and
replacing of the covering or making good of the parts removed shall be paid for as extra
work, but should Work so exposed or examined prove to be unacceptable, the uncovering
or removing and replacing of all adjacent defective or damaged parts shall be at the
Contractor's expense. No work shall be done or materials used without suitable
supervision or inspection.
C5-5.10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK: All
work, materials, or equipment which has been rejected shall be remedied or removed and
replaced in an acceptable manner by the Contractor at this expense. Work done beyond
the lines and grades given or as shown on the plans, except as herein specially provided,
or any Extra Work done without written authority,will be considered as unauthorized and
done at the expense of the Contractor and will not be paid for by the Owner. Work so
done may be ordered removed at the Contractor's expense. Upon the failure on the part of a
the Contractor to comply with any order of the Engineer made under the provisions of
this paragraph, the Engineer will have the authority to cause defective work to be
remedied or removed and replaced and unauthorized work to be removed, and the cost
thereof may be deducted from any money due or to become due tot he Contractor. Failure
to require the removal of any defective or unauthorized work shall not constitute
acceptance of such work.
C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications,
law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that
is equal to any material or equipment specified, and if Contractor wishes to furnish or use
a proposed substitute, he shall, prior to the preconstruction conference, make written
application to ENGINEER for approval of such substitute certifying in writing that the
C5-5 (4) �`