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Home My WebLink AboutContract 32647 CITY SECRETARY CONTRACT NO. SLA-HE iAi�y ORTWORT�' O.E. FILE IIVG Cc CLIENT SPECIFICATIONS AND CONTRACT DOCUMENTS FOR FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 PROJECT No. C290 / 541600 / 801490027080 OF .i►t1 ��.' � 9s't1 /KENDALL WAYNE KING/ / IGNACIO CADENA / ...�...................r../ ...�....................r.. //��; 74194 94946 . -Zoos AUGUST 2005 E00 M is Freese and Nichols 4055 INTERNATIONAL PLAZA, SUITE 200 FORT WORTH,TEXAS 76109-4895 (817)735-7300 FTW04301 FORT WORTH H Home t Council Agenda i M&C I Employee Direclory I Motning Repott I Ads I PRS I IT Online t Departments I Site Map Print M&C COUNCIL ACTION: Approved on 11/8/2005 DATE: 11/8/2005 REFERENCE NO.: **C-21136 LOG NAME: 80WATERGARDENS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Contract with Archer Western Contractors, Ltd. for the Renovation of the Water Gardens Active Pool and Pump Rooms No. 1 and 2 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Archer Western Contractors, Ltd. in the amount of$2,788,100 for construction renovation of the Water Gardens Active Pool and Pump Rooms 1 and 2. DISCUSSION: On July 6, 2004, (M&C C-20145) City Council authorized award of contract to Freese & Nichols, Inc. to analyze, assess and make recommendation for improvements to the existing infrastructure and operational conditions of the Water Gardens. An amendment to the contract was approved by City Council on August 17, 2004, (M&C C-20220) to expand the scope of work performed by Freese & Nichols, Inc. to include further preliminary design, engineering and architectural analysis of the recommended improvements to determine the modifications that best address the need to enhance safety, improve maintainability, preserve the aesthetics and control costs. Based upon the findings of the initial assessements, City Council approved a second amendment on December 14, 2004, (M&C C-20442) to Freese & Nichols, Inc. for additional services to evaluate and plan for the replacement and enhancement of the lighting and electrical systems and plumbing facilities related to the pump rooms. Freese & Nichols, Inc. proceeded with the assessment of the active pool operations and preparation of conceptual design for pool modifications. On May 26, 2005, a public meeting was held to inform the public of proposed renovations and scheduling of such renovations. The estimated cost for the renovations amounted to $2,960,000. On September 27, 2005, (M&C G-14930) , City Council approved the appropriation of proceeds from the sale of Certificates of Obligation (CO), of which $3,000,000 was identified for Water Gardens improvements. The project was advertised to bid on August 4 and 11, 2005. On September 1, 2005, the following bids were received: BIDDER BASE BID/TOTAL BID Archer Western Contractors, Ltd. $2,788,100.00 Cajun Constrctors, Inc. $3,166,000.00 AUI Contractoors, LP $3,453,193.00 Base bid work shall include renovations to the Active and Aerated Pools to provide safety barriers, installation of new pumping units at pump rooms 1 and 2, replacement of electrical switchgear in both pump rooms, lighting improvements and construction of kiosk and signage. It is recommended that the Base Bid as submitted by Archer Western Contractors, Ltd. in the amount of $2,788,100 be approved for award of contract. Contract time is 270 Calendar Days. In addition to the contract amount, associated contingency costs for construction management/inspection and potential Change Orders amount to $111,524.00, 4% of the construction amount. Archer Western Contractors, Ltd. is in compliance with the City's M/WBE Ordinance by committing to 28% M/WBE participation. The City's goal on the project is 28%. Construction is anticipated to begin in December 2005 with completion anticipated by October 2006. The Water Gardens facility is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the CO Special Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C290 541200 801490027080 2 788100.00 Submitted for City_Manager's Office by: Libby Watson (6183) Originating Department Head: Melody Mitchell (Acting Director) (5719) Additional Information Contact: Mike Ficke (5746) ATTACHMENTS CITY SECRETARY CONTRACT NO. Q47 CITY OF FORT WORTH PARKS AND COMMUNITY SERVICES DEPARTMENT FORT WORTH WATER GARDENS RENOVATIONSTO ACTIVE E OF 4r,1i POOL AND PUMP ROOM No.1 & No. 2 . 0!.-6 e•eseeeeesesseeessiee*i® FTW04301 %KENDALL WAYNE KING% •••�eee eseweeeeeweseepee® , ®®-'�,; 74194 ®0°'`�••��ENsE�°��'�"® ADDENDUM No. 1 SFS CONAL E�oo � w � AUGUST 24, 2005 The following additions,deletions, modifications, or clarifications shall be made to the appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this Addendum in the space provided on the Bid form. CONTRACT DOCUMENTS: Al-1 SECTION B—PROPOSAL Page 12—Fourth paragraph: Modify paragraph to read:"The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to substantially complete within 240 days and complete the contract within 270 calendar days after beginning construction as set forth in the written order to be furnished by the Owner. Liquidated damages shall be assessed as indicated in section 7-7.10." Al-2 SECTION C—GENERAL CONDITIONS C5-5.7 CONSTRUCTION STAKES: Delete: "through its engineer"from the first sentence. Al-3 SECTION CS—SUPPLEMENTARY CONDITIONS TO SECTION C C3-3.11 INSURANCE: Add after the last sentence of the first paragraph: "The following are to be listed as additional insured on all insurance policies: 1. City of Fort Worth 2. Freese and Nichols, Inc. Ai-4 SECTION D—SPECIAL CONDITIONS D5—TIME OF COMPLETION: Delete second sentence: "Interim completion dates for various facilities..." Delete third sentence: "Liquidated damages will be assessed..." Delete fourth paragraph in its entirety: "In the event the contractor fails to meet..." Add after the last sentence of the fifth paragraph: "See Specification 01700 CONTRACT CLOSEOUT, Section 1.03 for substantial completion details." 'da.. D18—SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION Add after the last sentence of the second paragraph: "See Specification 01700 CONTRACT CLOSEOUT, Section 1.04 for final inspection details." Addendum No. 1 1 FTW04301 D21 —INTERPRETATION OF REQUIREMENTS Add after the last sentence of bullet a. Interpretation."Contractor shall submit questions of interpretations as an RFI (Request for Information) as described in Specification 01040 PROJECT ADMINISTRATION, Section 1.05 for RFI details." D27— INSURANCE Modify the second sentence to read: "All Risk Builder's Risk Insurance shall include the interests of the Owner,the Engineer,the Contractor, Subcontractor and Sub- subcontractors in the work and shall include, but not be limited to, the perils of fire, lighting,flood, collapse, windstorm, hail, explosion, riot, civil commotion, smoke, aircraft, land vehicles,vandalism and malicious mischief." D33—CONTRACTOR'S OFFICE Delete the fourth sentence: `This area, to be constructed by the contractor..." Modify the fifth sentence to read: "Contractor shall provide temporary utilities(water, sewer, telephone)to the temporary construction offices." D42—SUBMITTALS Replace Prefix"PE— Periodical Estimate for Partial Payment'with prefix"PR—Pay Request' Modify the fifth sentence to read: "Contractor shall provide temporary utilities(water, sewer,telephone)to the temporary construction offices. D45—REQUEST FOR INFORMATION Add after the last sentence of the first paragraph: "Contractor shall submit questions of interpretations as an RFI (Request for Information) as described in Specification 01040 PROJECT ADMINISTRATION, Section 1.05 for RFI details." D46—CONTRACTOR MODIFICATION REQUEST/PROPOSED CONTRACT MODIFICATION Add after the last sentence of the second paragraph: "Contractor shall submit questions of Request for Modifications as described in Specification 01040 PROJECT ADMINISTRATION, Section 1.07 for Request for Modifications details." D47—RECORD DATA Modify the last sentence of the second paragraph to read: "Record data may not be reviewed for comment and response may or may not be made to the contractor." Al-5 SECTION F—CERTIFIACTE OF INSURANCE, PAYMENT BOND CERTIFIACTE OF INSURACE Add Freese and Nichols, Inc. as an additional insured with respect to General Liability of this project. PAYMENT BOND Delete the first of two payment bonds. TECHNICAL SPECIFICATIONS: Al-6 SECTION 01010 SUMMARY OF WORK Modify Section 1.11.13 to read: "Provide special tools, spare parts, lubricants, supplies, or other materials for the operation and maintenance of the project" Modify Section 1.11.13 to read: "Coordinate the use of the premises with the Owner." Addendum No. 1 2 FTW04301 Al-7 SECTION 01040 PROJECT ADMINISTRATION Modify Section 1.04.A.5.a.to read: "Preliminary construction schedule per Specification 01311 PROGRESS SCHEDULE." Modify Section 1.08.C.2.e.2). to read: "Provide one (1) set of specifications." Al-8 SECTION 01041 JOB MANAGEMENT Modify second sentence of Section 1.11.A to read: "Coordinate the use of premises with the Owner. " Modify second sentence of Section 1.13 to read: "Work shall not be permitted on Saturdays, Sundays or any of the following holydays: New Year, President's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day and Christmas Day, unless written permission is requested by the Contractor and approved by the Owner at least 72 hours prior to the work taking place" Add Section 1.18 to read: "Construction barriers (temporary fencing and access gates) shall be as shown on Sheet G-5 of the plans." Al-9 SECTION 01080 IDENTIFICATION SYSTEMS Modify Section 1.05 GUARANTEES to read: "Guarantee Identifying devices installed in wet locations or areas subject to moisture to be weather resistant for a period of two (2) years after installation." ,..� Modify last sentence of Section 3.08.A.to read: "Submit the schedule to the Owner for approval. Replace schedule of Section 3.08.B.with the following schedule. PLUMBING Water, Effects W EW Blackon Green Water, Filteredac on Green Water, Potable W —PVV--SFack on Green Sewer, Sanitary S Yellow Sewer, Storm W Black on Yellow -TVante, rain S —17— Black on Yellow Waste, Softener s W Black on Yellow HVAC Refrigerant, uction Black on Green e ri erant, Liquid H RI Black on Green it ed Water Black on Green Chilled Water Ret. H CWRlac on Greem Hot Water H HVT— Black on Yellow Hot Water, Ret. —R——RVVIT— Black on Yellow ondensate HD lack on Green PROCESS PIPING Chlorine P CLS Black on Yellow Water, Backwash —White on Brown 4 _ ':. r . ELECTRICAL ane boards LP-1 White on Black Starters for Exhaust Fan F-1 White on Black Control Panels for Exhaust Fan CP/EF-1 —White on Black .••% Disconnects tor Exhaust Fan -1 White on Black Junction Boxes J 101 White on Bac ontrollers or Exhaust Fan Cl/EF-1 White on Black �J Addendum No. 1 3 FTW04301 Al-10 SECTION 01130 MEASUREMENT AND PAYMENT Modify Section 1.03.E. to read: "Each payment request is to be accompanied by the Project Photographs in accordance with Section D-41 of the Special Conditions." Al-11 SECTION 01300 SUBMITTALS Modify Section 1.06.N. to read: "Submit project photographs (PP) in accordance with Section D-41 of the Special Conditions." Al-12 SECTION 01510 TEMPORARY FACILITES Delete Section in its entirety. See Section D-33 of the Special Conditions for Temporary Facility requirements. Al-13 SECTION 01568 STORM WATER POLLUTION PREVENTION DURING CONSTRUCTION Delete Section in its entirety. See Section D-10 of the Special Conditions for Temporary Soil Erosion Sediment and Water Pollution Control. Al-14 SECTION 01650 STARTING SYSTEMS Modify minimum number of training hours of Specification 11311 AUTOMATIC SELF- CLEANNING STRAINERS to 4 hours. Al-15 SECTION 02050 DEMOLITION Modify second sentence of Section 1.01.F.to read: `The Contractor's construction schedule,to be provided per section 01311 PROGRESS SCHEDULES, shall include demolition work at times that meet the construction sequencing issues presented in Specification 1040 PROJECT ADMINISTRATION. Al-16 SECTION 02601 MANHOLES AND CLEANOUTS Modify Section 1.01.A.: to read: "Provide labor, materials, equipment and incidentals necessary to construct standard and special manholes and cleanouts complete with covers, fittings, and other appurtenances. Sewer line shall be routed and manholes shall be located from Pump Room No. 2 to the Convention Center as shown on the drawings. Delete Section 2.04.C. MANHOLES STEPS. Delete Section 2.04.D. MANHOLES VENT VALVES. Delete Section 2.04.E. MANHOLE COVER INFILTRATION TEST Al-17 SECTION 5500 MISCELLANEOUS METALS Addition: Insert the attached specification. Al-18 SECTION 05521 PIPE AND TUBE RAILS Modify Section 1.03.A. to read: .,- "General: Install engineered handrail and railing systems to withstand structural loads indicated, determine allowable design work stresses of materials based on the following:" Addendum No. 1 4 FTW04301 Al-19 SECTION 09905 PROTECTIVE COATINGS Modify Section 1.08.A. to read: "Protective coating shall be guaranteed for a period of two (2)years from the date of the owners acceptance of the project." Al-20 SECTION 11210 HORIZONTAL END SUCTION CENTRIFUGAL PUMP Reference Page 11210-3 2.01.A. Delete second sentence: "The pump shall conform to ANSI B73.1...." Reference Page 11210-3 2.02.B. Modify Section to read: "The pump casing shall be constructed of cast iron with suction and discharge 150 lbs. ASA flanged connections as shown on the plans. The impeller shall be Bronze (ASTM B584) of the enclosed type, statically balanced, and shall be securely fastened to the shaft with a key and nut. The shaft shall be constructed of steel (AISI C1045) with a bronze (ASTM B62) shaft sleeve extending through and beyond the stuffing box. Removable type bronze wear rings shall be furnished on the casing." Reference Page 11210-3 2.05. Delete second sentence: "The stuffing box shall be designed to accommodate double mechanical seals...." Reference Page 11210-4 2.08. Delete second sentence: "The sleeve shall be sealed to the impeller hub by an O-Ring...." Al-21 SECTION 11211 IN-LINE BOOSTER PUMPS Reference Page 11211-1 1.01.A. Delete"Horizontal Close Coupled End Suction Centrifugal Pumping units"from the first sentence. Reference Page 11211-3 2.01.A. Delete second sentence: "The pump shall conform to ANSI B73.1...." Reference Page 11211-3 2.02.A. Delete the first three sentences and the last sentence. Reference Page 11211-3 2.02.B. Modify Section to read: "The pump casing shall be constructed of cast iron with suction and discharge 150 lbs. ASA flanged connections as shown on the plans. The impeller shall be Bronze (ASTM B584) of the enclosed type, statically balanced, and shall be securely fastened to the shaft with a key and nut. The shaft shall be constructed of steel (AISI C1045) with a bronze (ASTM B62) shaft sleeve extending through and beyond the stuffing box. Removable type bronze wear rings shall be furnished on the casing." Reference Page 11211-3 2.05 Delete second sentence: "The stuffing box shall be designed to accommodate double mechanical seals...." Reference Page 11211-4 2.08. Delete second sentence: "The sleeve shall be sealed to the impeller hub by an O-Ring...." Al-22 SECTION 11212 VERTICAL TURBINE PUMPING UNITS Reference Page 11212-1 1.02.A. Add the following as an acceptable manufacturer: 4. ITT Gould Reference Page 11212-6 2.01.A.5 Modify the Acceptable vibration limits from 50% to 75%. Al-23 SECTION 11235 PERISTALTIC HOSE PUMP Reference Page 11235-2 2.01.E.3. Addendum No. 1 5 FTW04301 Delete paragraph in its entirety and replace with following sentence: 3. Rubber Hose shall be designed specifically for use with peristaltic pumps working pressures to 115 psi. Add paragraph to read: 5.Thermoplastic tubing shall be designed specifically for use with peristaltic pumps and working pressures of 50 psi. Tubing lubrication shall be with a food-grade silicon grease. Reference Page 11235-2 2.01.F. Add a second sentence to paragraph to read: "Hoses shall be secured with the use of stainless steel hose clamps. Reference Page 11235-2 2.01.G.. Add paragraph in its entirety to read: "G. Assembly: Entire pump assembly shall be of the compact, close coupled design with the pump body mounted directly to gearbox via machined register fit and the pump rotor mounted directly on the gearbox output shaft." Reference Page 11235-3 2.02 MOTOR: Modify Section 2.02 B to read: B. Supply motor with Cast Aluminum housing with a polyester epoxy powder coating. Reference Page 11235-3 2.02 MOTOR: Add Section 2.02 C: C. Mounted Motor shall not exceed 1/3 HP. Reference Page 11235-33.03 SCHEDULE: Modify the Output flow rates to read gallons per minute (gpm) and delete (gph). Al-24 SECTION 11310 SUBMERSIBLE PUMPS Reference Page 11310-3 Paragraph 2.01.D. Delete second sentence: "Surfaces coming into contact with the pumping liquid shall be protected..." Reference Page 11310-4 Paragraph 2.03.B. Delete the last two-sentences: "Cable entry shall consist of a single cylindrical..." Reference Page 11310-4 Paragraph 2.03.C. Delete first sentence and reference to P122-MSHA approval. Reference Page 11310-4 Paragraph 2.03.E. Modify first sentence to read: "The junction chamber, containing the terminal board,could be sealed from the motor by elastometer compression seals(O-Ring). Reference Page 11310-4 Paragraph 2.03.E. Modify first sentence to read: `The junction chamber,containing the terminal board, could be sealed from the motor by elastometer compression seals(O-Ring). Reference Page 11310-4 Paragraph 2.03.F. Modify paragraph to read: "Each unit shall be provided with an adequately designed cooling system, if required. Al-25 SECTION 11311 AUTOMATIC SELF-CLEANNING STRAINER Reference Page 11311-2 Paragraph 1.01.13. Delete the following line from the paragraph: "The booster pump can also be installed to provide pressurized water or in the backwash discharge line to assist in drawing a backwash assist in drawing out entrapped debris" Reference Page 11311-2 Paragraph 2.01.C.4. Delete the following paragraph: .�. "As an alternate, a backwash assist booster pump, as allowed by paragraph 1.01 B, above, may be provided.to assist in drawing out entrapped debris from the unit." Addendum No. 1 6 FTW04301 Reference Page, 11311-2 Paragraph 2.01 C-4 Add the following paragraph. "Entrapped debris shall not be withdrawn via a vacuum or a suction mechanism from the r., unit. Debris shall be backwash with an in-line booster pump into the unit's inlet flange and removed form the strainer through the outlet flange and into the storm drain, as shown on plans. Al-26 SECTION 15064 POLYVINYLCHLORIDE PIPE Delete Section in its entirety. See specification 02622 Polyvinylchloride Pipe and Fittings for PVC pipe and fittings requirements. Al-27 SECTION 15111 CHECK VALVES Modify Section 1.05 GUARRANTEES to read: "Check valves shall be guaranteed for a period of two (2) years from the date of the owners acceptance of the project." Al-28 SECTION 16150 ELECTRICAL EQUIPMENT Reference Page, 16150-1 Paragraph 2.01.D: Change the words "individually mounted devices installed outdoors shall be NEMA 4X enclosures"to "individually mounted devices installed indoors and outdoors shall be mounted in NEMA 4X stainless steel enclosures." Al-29 SECTION 16164 LIGHTING AND BRANCH PANELBOARDS Reference Page, 16164-4 Paragraph 2.02.F.1: Delete the paragraph in its entirety. Reference Page, 16164-1 Paragraph 3.00. Add the following paragraphs: "3.02 WARRANTY A. Manufacturer shall warrant the equipment furnished under this specification against defects in materials and workmanship and operational failure for a period of two (2)years after the contractual final completion date. B. In the event of failure of any part or parts of the equipment during the warranty period,provided that the equipment has been operated and maintained in accordance with good practice, the Manufacturer shall furnish, deliver and install the defective part or parts at his own expense. "3.03 TRAINING A. The Contractor shall provide a training session for up to 3 Owner's representatives for 8 hours at the jobsite or other office location chosen by the Owner.The training session shall cover the lighting panel programming and controls. Training shall be coordinated and schedules with the Owner. B. The training session shall be conducted by a manufacturer's qualified representative. C. The training program shall consist of the following: 1. Review of the lighting controls. 2. Review of the factory record shop drawings and programming of the panels. 3. Review of each type of programming, components within, control, and AM%, power wiring. Addendum No. 1 7 FTW04301 4. Discuss the maintenance timetable and procedures to be followed in an ongoing maintenance program. ^ 5. Provide three-ring binders to participants complete with copies of drawings and other course material covered." Al-30 SECTION 16425 600 VOLT SWITCHBOARDS Reference Page, 16425-3 Paragraph 2.01.K Add the following paragraph: "5. Provide loss of power relay on main incoming breaker section. Relay shall be provided with form "C"set of contacts wired to a terminal strip for customer's use." Al-31 SECTION 16481 LOW VOLTAGE MOTOR CENTERS (MCC'S) Reference Page, 16481-5 Paragraph 2.03.Add the following paragraph. "C. Provide loss of power relay on main incoming breaker section. Relay shall be provided with form"C" set of contacts wired to a terminal strip for customer's use" DRAWINGS: Al-32 SHEET G5 Add General Note 6.: 6. Add "No Trespassing" signs to temporary fencing on 50-foot spans. Al-33 SHEET M9 Add General Note 5.: 5. Core hole for penetration of 3"drain hub. Tie 3"drain hub to existing 3" sanitary sewer line below. Al-34 SHEET M10 Modify General Note 4.to read: 4. Sandblast and paint existing piping penetrating Pump Room walls. Reseal wall penetration as noted on sheet SD2. Al-35 SHEET M16 Add General Note 6. to read: 6. Allowable manufacturers are Stormceptor Model STC900 and Stormwater 360's VortSentry VS40 by Vortenincs. Al-36 SHEET E2 Add the following sentence to the end of Notes by Symbol 4: "Inner duct shall be corrugated high density polyethylene (HDPE), orange in color with a 1250 Ib polyester pull tape. Inner duct shall be manufactured by Carlon or approved equal." Add Notes by Symbol 8 next to duct bank containing "MCCB-P" cables and data highway cable coming into Pump Room No.1. Delete cable"LTG-DH" routed in duct bank between Pump Room No.1 and Pump Room No.2. Addendum No. 1 8 FTW04301 Al-37 SHEET E3 Contractor shall provide photocell and post mount on top of nearest light fixture type"Al"or WR". Route 2#12,#12G., 3/a"C. underground from photocell to panel"HA: in Pump Room No.1. Al-38 SHEET E7 Contractor shall provide photocell and post mount on top of nearest light fixture type"Al"or WR". Route 2#12,#12G., 3/a"C. underground from photocell to panel "HB": in Pump Room No.2. Al-39 SHEET E16 Add General Note 3: 3. Provide #1/0 bare copper ground from ground pad on motor base on all vertical and horizontal motors and connect to pump station grounding system. Coordinate with motor manufacture for location of ground pad on motor base. Add General Note 4: 4. Contactor shall install a meter base, provided by TXU Electric Delivery, on the wall adjacent to the main breaker section of 480V SWGR"MDP". Coordinate with TXU Electric Delivery for exact location to mount meter..Provide spare 2"conduit with pull string from meter base to Utility Vault. Contractor shall core drill floor as required. Coordinate with TXU Electric Delivery for exact location to route conduit. Add General Note 5: 5. All bus duct and conduit penetrations through floor shall be provided with watertight seal. Add the following sentence to the end of Notes by Symbol 2: "Contractor shall modify/replace existing termination enclosure in Utility Vault as required for terminating new bus duct. Coordinate with TXU Electric Delivery for requirements" Al-40 SHEET E18 Add General Note 4: 4. Provide#1/0 bare copper ground from ground pad on motor base on all vertical and horizontal motors and connect to pump station grounding system. Coordinate with motor manufacture for location of ground pad on motor base. Al-41 SHEET E20 Add General Note 3: 3. Provide #1/0 bare copper ground from ground pad on motor base on all vertical and horizontal motors and connect to pump station grounding system. Coordinate with motor manufacture for location of ground pad on motor base. Delete cable"LTG-DH". Al-42 SHEET E31 Delete cable"LTG-DH" routed between Panel"HA"and Panel"HB". Delete Notes by Symbol 5. Provide a Remote Source Controller and connect it to Panel "HB"`via a data highway cable routed in 3/a"conduit. Verify with manufacturer for type of data highway cable to provide. Addendum No. 1 9 FTW 04301 Al-43 SHEET P2 .` Replace both 8" Storm Water Pump Gate Valves in Pump Room No. 1 with 8" Butterfly Valves downstream of the check valves as shown on Sheet M11. Al-44 SHEET P3 Replace both 8" Storm Water Pump Gate Valves in Pump Room No. 2 with 8" Butterfly Valves downstream of the check valves as shown on Sheet M14. END OF ADDENDUM No. 1 Addendum No. 1 10 FTW04301 05500 MISCELLANEOUS METALS 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary to fabricate and install miscellaneous metals and other ornamental or specialty work. Furnish hangers, support, and brackets necessary to fasten other work. 1.02 QUALITY ASSURANCE Field welding shall be performed by experienced operators, qualified in conformance with "Standard Qualifications Procedure"of the AWS "Structural Welding Code". 1.03 SUBMITTALS Submittals shall be in accordance with Section 01300, SUBMITTALS and shall include: A. Shop drawings showing fabricated items B. Product data sheets for manufactured components 1.04 REFERENCES AND STANDARDS A. The applicable provisions of the following standards shall apply as if written here in their entirety: .. B. Federal Specifications (Fed Spec): FF-B-561 D Bolt, (Screw) Lag FF-P-5750 Bolt, Hexagon and Square FF-B-588C Bolt,Toggle, and Expansion Sleeve, Screw FF-S-85 Screws, Cap, Slotted and Hexagon-Head FF-S-92 Screws, Machine: Slotted, Cross-Recessed or Hexagon Head FF-N-1 05B Nails, Brads, Staples and Spikes, Wire, cut and Wrought FF-N-836D Nuts, Square, Hexagon, Cap, Slotted, Castle Knurled, Welding and Single Ball Seat FF-P-395 Power Actuated Drive Pins FF-S-111 Screw, Wood FF-S-325 Shield, Expansion: Nail, Expansion; and Nail, Drive Screw(Devices, Anchoring, Masonry) FF-W-84 Washers, Lock(Spring) RR-G-661 Gratings, Metal TT-P-645 Primer, Paint, Zinc Chromate, Alkyd Type TT-V-51 Varnish; Asphalt C. The Aluminum Association (AA) publications: SAA-46 Standards for Architectural Aluminum DAF-45 Designation System for Aluminum Finishes ABH-21 Aluminum Brazing Handbook ADS-1 Aluminum Standards and Data D. American Society for Testing and Materials (ASTM) publications: ASTM A6 Specification for General Requirements for Rolled Structural Steel Bars, Plates, Shapes, and Sheet Piling ASTM A27 Specification for Steel Castings, Carbon, for General Application ASTM A36 Specification for Carbon Structural Steel Miscellaneous Metals 05500-1 FTW04301 ASTM A48 Specification for Gray Iron Castings ASTM A53 Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless Steel Pipe ASTM A123 Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products ASTM A148 Specification for Steel Castings, High Strength, for Structural Purposes ASTM A153 Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware ASTM A325 Specification for Structural Bolts, Steel, Heat Treated, 120/105ksi minimum Tensile Strength ASTM A354 Specification for Quenched and Tempered Alloy Steel Bolts,Studs, and Other Externally Threaded Parts ASTM A490 Specification for Structural Bolts,Alloy Steel, Heat Treated, 150 ksi minimum Tensile Strength ASTM A653 Specification for Steel Sheet,Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process ASTM A668 Specification for Steel forgings, Carbon and Alloy,for General Industrial Use ASTM B308 Specification for Aluminum-Alloy 6061-T6 Standard Structural Profiles E. American National Standards Institute (ANSI) publication: ANSI A14.3 Safety Code for Fixed Ladders F. American Welding Society(AWS) standard: AWS D1.1 Structural Welding Code - Steel AWS D1.2 Structural Welding Code -Aluminum AWS D1.3 Structural Welding Code - Sheet Steel G. Steel Structures Painting Council (SSPC) publications: Steel Structures Painting Manual, Volume 2 H. National Association of Architectural Metal Manufacturers Association (NAAMA) publications: AMP 500 Metal Finishes Manual AMP 504 Finishes for Carbon Steel and Iron "Stair Manual" 1.05 DELIVERY AND STORAGE Ship expansion joints to site in protective coverings. All aluminum which will be exposed to view shall have strippable protective coverings applied at the factory and removed after erection. 1.06 JOB CONDITIONS A. Contractor shall verify dimensions and take field measurements necessary to establish size and connections prior to fabrication. Provide any anchors, brackets, supports, braces, connections and fasteners necessary to assemble the various components and anchor into position into the structure. B. Each component shall be of adequate size and strength necessary to fulfill its function. Failure of any part of the assembly is cause to reject the entire component. Component shall be assembled in a neat and substantial manner. Joints exposed to the weather shall be formed in a manner to exclude water. Miscellaneous Metals 05500-2 FTW 04301 •. C. Provide miscellaneous plates, brackets, frames, anchors and other steel fabrications as indicated on the drawings or required to make connections to components furnished under other sections of the specifications. 2.00 PRODUCTS 2.01 MATERIALS A. STRUCTURAL STEEL: ASTM A36 having a minimum yield strength of not less than 36,000 psi. B. MISCELLANEOUS STEEL: Rolled shapes complying with ASTM A36; plates and bars complying with ASTM A6. C. STRUCTURAL CAST STEEL: Conforming to ASTM A148, Grade 80-50. D. GENERAL PURPOSE CAST STEEL: Conforming to ASTM A27, Grade 65-35. E. STEEL FORGING: General purpose, conforming to ASTM A668, Class C or F. F. CAST IRON: Soft, gray iron, conforming to ASTM A48, Class 30, has 30,000 psi tensile strength. G. GALVANIZING: Hot dipped, conforming to ASTM A123. H. WELDING ELECTRODES: Appropriate for the intended usage. Electrodes for arc welding shall be series E70. I. ALUMINUM: Appropriate for the intended usage. Alloys shall comply with the following: ALLOY USAGE 6061 Extruded or rolled structural shapes 6063 Extrusions, general (Pipe rails) 3003 Sheet,tube or pipe 5005 General purpose sheet 5056 Nails and Rivets 2024 Screws, bolts and nuts J. STAINLESS STEEL: Appropriate for the intended usage, complies with AISI Type 304. Finish shall be No. 2, Dull I. K. FASTENERS: Appropriate for the intended usage. Fasteners used with galvanized steel shall be zinc coated, fasteners used on non-ferrous metal shall be bronze or brass. Fasteners shall include: 1. Steel Bolts -Low carbon steel complying with ASTM A307 or A325. 2. Nails and Spikes- Fasteners complying with Fed. Spec. IV. FF-P-636. 3. Self-Drilling Fasteners (SDF)-Corrosive resistant, hex-headed drill pointed,size as appropriate. 4. Powder Activated Fasteners (PAF) -Tempered A-151 steel with a minimum tensile strength of 270,000 psi, complying with Fed. Spec. - P3958, Ramset, Hilti, or approved equal. 5. Sleeve Bolts - Molly"Parasleeve" or Ramset"Dynabolt". Miscellaneous Metals 05500-3 FTW 04301 6. Concrete Expansion Bolts- Hilti "Stainless Steel KwikBolt II", unless otherwise noted on plans. 7. Self-Drilling Anchors-Zinc-plated, case hardened body with expanding plug, Red Head"Self Drill"or Hilti "Kwik-Pro". 8. Adhesive Anchor System—Hilti"Hit Re 500". L. STEEL PIPE: Welded or seamless types, standard weight, Schedule 40 steel tubing conforming to ASTM A53. Steel tube shall conform to ASTM A500, Grade B. M, STUD ANCHORS: Stainless steel anchors as manufactured by Nelson Stud Anchors, or equal. N. ALUMINUM SILLS: Extruded of 6063-T52 alloy, J.C. Braum &Company, model AA, complete with SA-100 anchor clips. Finish shall be anodized to match louver. O. ZINC-RICH COATING: Specially formulated compound conforming to Navy Specification MIL-P-21035 that will produce a coating of approximately 3.0 mils thickness containing not less than 95%zinc when applied in one (1)coat according to the manufacturer's instruction. P. BITUMINOUS PAINT: Heavy bodied asphalt based paint conforming to military specification MIL-P-6883 or Fed Spec TT-V-51. Q. SHOP PAINT: Shop paint shall be suitable as a primer for the finish coats as specified in Section 09905, PROTECTIVE COATING. Contractor shall coordinate. Generally, shop paint shall be a rust inhibiter metal primer for miscellaneous steel,TNEMEC#99 for structural components. 2.02 FABRICATIONS A. Fabricated components shall be assembled in the shop whenever possible. Steel shapes shall be cut to accurate size with sharp lines and smooth surfaces. Thickness of metal and general construction shall be adequate to withstand the stresses imposed on the component. Provide lugs and brackets necessary for connecting to other components. B. Connections shall be secure, either welded or fastened with bolts or rivets. Where the component is to be exposed to view, connections shall be by welding with the welds ground smooth. Make up threaded connections tightly so that threads will be entirely concealed by fittings. Rivets, bolts, or machine screws may be used for field connections. Visible rivets, bolts, screws, etc., may have flush or oval heads and shall be countersunk. Seal-weld visible joints and exposed joints their entire length. Other joints may be spot or skip welded unless shown otherwise, or unless they must be continuous. C. Holes for bolts and screws shall be drilled or punched. Mismatched holes shall not be allowed. Fasteners shall be concealed wherever possible. Exposed fasteners shall be of compatible materials and shall match color and finish or surrounding materials. Drill, punch, cut and tap steel as required for anchoring or accommodating the work of other trades as shown or where shown on the shop drawings. D. Structural fabrications shall be made of standard rolled shapes, plates, bars, or strips. E. Fabricated components noted to be galvanized shall be hot-dipped processed after fabrication. Galvanized shall conform to the requirements of ASTM A123 or A653 as applicable. In addition, components that are fabricated of ferrous metal and exposed on or outside of the exterior surfaces of the building above or below grade shall be hot-dipped galvanized after fabrication. Miscellaneous Metals 05500-4 FTW04301 2.03 MANUFACTURED PRODUCTS A. STAINLESS STEEL LADDERS: Manufacturer's standard design stainless steel ladder conforming to OSHA requirements and fabricated of stainless steel side rails with non-slip safety rungs. Wall anchors shall be stainless steel. 2.04 GRATING A. ALUMINUM GRATING: Aluminum grating shall be Pressure Locked rectangular design, Type B, as manufactured by IKG Industries. Main bars shall be 1-1/4" by 3/16" spaced 1- 3/16"center to center. Cross bars shall be of a rectangular cross section,flush top and spaced 4"center to center. Main bars and cross bars shall be slotted at their intersection so as not to remove excessive material from the load sustaining members. Main bars shall be dovetail slotted and have their slots solidly filled by the cross bars. Grating shall be designed for a uniform distributed live load of 150 psf on a 48" span with a deflection of less than 0.25" as shown on the plans. 2.05 STEEL FRAMES A. Frames shall not have less than two (2) structural members which span across adjacent purlins. Openings shall be framed with steel angles of a size suitable for the opening size. When wood curbs are detailed as part of the frame design, provide angles having outstanding legs turned upward, with holes punched for attaching wood curbs. Holes shall be spaced at 12"centers, with first hole spaced four inches from each end and no side having less than three fasteners. Size of frames and opening dimensions shall be coordinated with equipment manufacturer. Minimum size of supporting angle shall be 3-1/2"x 5"x 3/8". B. Frames used to support roof top air conditioning equipment shall have additional members to frame each side of duct penetrations of the roof surface, as well as structural members corresponding to the mounting curb perimeter dimensions. C. Frames for roof drains and any other roof penetration not exceeding 24" square shall be a minimum size of 2-1/2"x 2-1/2"x5/16". All other frames shall be as detailed on drawings, otherwise shall be framed with steel angles having a minimum size of 4"x 4"x 5/16". 2.06 CAST IRON CASTINGS Casting shall be uniform in quality, free from blow holes or other defects. Surface shall be smooth and true to pattern. Metal shall conform to ASTM A48, Class 40 for grey cast iron castings. Castings shall receive one coat of rust inhibited primer and shall be field painted as specified in Section 09901,ARCHITECTURAL PAINTING. Casing shall include the following: A. Manhole Covers and Frames-McKinney or Neenah as specified in other Sections. B. Trench Drains- Cast iron grates with angle frames having concrete anchors. 3.00 EXECUTION 3.01 PREPARATION Inspect surfaces to receive metal components. Ascertain that surfaces are suitable for the attachment of the component. Miscellaneous Metals 05500-5 FTW04301 ,-Mb, 3.02 FASTENERS A. Furnish the appropriate type of fastener for the application. Fasteners shall be of the type and material proper for intended use and in sufficient quantity for the spacing. Bolts shall be a minimum of 1/2" diameter, spaced not to exceed 3 ft centers for attaching steel, or 2 ft centers for attaching wood. B. Generally fasteners shall comply with Table 05500-A at the end of this section. 3.03 INSTALLATION A. GRATING: Provide grating and frame in required size. Provide a band where edge of grating is open and visible, and at perimeter of cutouts. Fasten grating to frame at the ends of the third bearing bar from each side of the panel and to intermediate supports at the middle of the panel. Weld frame to imbedded plates, as shown on the drawings. Provide toe guards at openings in gratings where conduit or piping extends through grating flooring. Toe guards shall be bolted or welded to grating. B. ACCESS LADDERS: Install access ladders at locations specified. Provide steel clip angles at each leg and attach to concrete floor with expansion bolts. Provide steel strap supports to ladder legs and attach to construction with expansion bolts or by welding, as appropriate. Ladders shall be positioned to provide a minimum toe clearance of 8 inches. C. STAINLESS STEEL ACCESS LADDERS: Factory fabricated access ladders shall be installed and be complete with stainless steel non-slip safety rungs. D. ANCHOR PLATES: Furnish steel anchor plates to be cast into concrete structure and to be "Mn` used for attaching precast concrete panels or steel members. Anchor plates shall be unpainted steel, except where plates are installed in exterior surfaces or within 1"of the exterior surface. Anchor plates shall be hot dip galvanized after fabrication. 3.04 CLEANING AND PAINTING A. Clean all surfaces, remove rust and prepare for painting. Surfaces which will be inaccessible after fabrication or erection shall be painted prior to installation. B. Except for galvanized steel and items specifically noted not to be painted, all miscellaneous metal component shall receive a shop coat of paint. Paint shall be applied by brush or spray, applied uniformly without runs or drips. Field painting shall be in accordance with Section 09905 PROTECTIVE COATING. C. Any fasteners or miscellaneous components applied on galvanized fabrications shall be galvanized, chrome-plated, or otherwise shall be painted with zinc-rich coatings. D. Dissimilar materials: Where dissimilar metals are in contact, or where aluminum is in contact with concrete, mortar, masonry, pressure-treated wood or absorptive materials subject to wetting,the surfaces shall be protected with a coat of bituminous paint, unless otherwise specified,to prevent galvanic or corrosive action. Miscellaneous Metals 05500-6 FTW 04301 r 3.05 SCHEDULES F— FASTENERS SCHEDULE --- TABLE 05500-A DESCRIPTION SUBSTRATE COMMENTS I O .a v d U CZ C O U � U m o o 0 0 0 E m 2 'OU N y p iU O O m m 2.5 T0 O V V rj) rj) rj)6— (D Machine o is With Lead Or • • • � - Malleable Iron Shield. Toggle Bolts • • • • Embedded Anchor Bolts • • Gypsum Board Anchor • Machine Bolt/Nuts/Washers • • • • Lag Screws • • Nails/Screws • • Power Activated Fasteners • • • • • • • Self-drilling Anchors • Schedule Notes: 1.This table is a general guide for fastener use. All fasteners shall be of size, type and length appropriate for the particular condition. Concrete anchors shall be stainless steel. END OF SECTION Miscellaneous Metals 05500-7 FTW04301 CITY OF FORT WORTH PARKS AND COMMUNITY SERVICES DEPARTMENT ORT WORTH WATER GARDENS RENOVATIONSTO ACTIVE evF Tpeo POOL AND PUMP ROOM No.1 & No. 2 0.0.?..................s.:�:® FTW04301 A KENDALL WAYNE KING 7 419 4 .��r '".�� ENs`�.' ADDENDUM No. 2 g, se 10NA ®e+ AUGUST 30, 2005 J The following additions, deletions, modifications, or clarifications shall be made to the appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this Addendum in the space provided on the Bid form. TECHNICAL SPECIFiCA T IONS: A2-1 SECTION 11310 SUBMERSIBLE PUMPS Reference Page 11310-1 Paragraph 1.02.A. Add to the list of Acceptable manufacturers: 4.Approved equal. DRAWINGS: A2-2 SHEET M13 Add: General Note 5: Add note to read: "5. Piping material from chemical feed pumps to each chemical feed point shall be PVC as shown on sheet P-2" A2-3 SHEET M17 Add: General Note 3: Add note to read: "3.TurboClean heads shall be a TurboClean adaptor for Replacing TurbocClean Cleaning Heads (Part#521439) as manufactured A&A Manufacturing. Al-33 SHEET P-3 Modify: Piping material from chemical feed pumps to each chemical feed point shall be PVC in lieu of HDPE as shown on sheet P-2" END OF ADDENDUM No.2 Addendum No.2 1 FTW04301 TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS SECTION A Notice to Bidders Special Instruction to Bidders SECTION B Proposal Vendor Compliance to State Law SECTION B1 MWBE Specifications MWBE Utilization Form MWBE Prime Contractor Waiver Form MWBE Good Faith Effort Form Joint Venture Eligibility Form MWBE Ordinance No. 11923—Attachment 1 MWBE Ordinance No. 13471 —Attachment 1 SECTION C General Conditions SECTION CS Supplementary Conditions SECTION D Special Conditions SECTION E Specifications SECTION F Performance Bond Payment Bond Maintenance Bond Certificate of Insurance Workers Compensation Affidavit SECTION G Contract Table of Contents TOC-1 FTW04301 DIVISION 1 GENERAL REQUIREMENTS 01005 Definitions and Terminology 01010 Summary of Work 01020 Alternates and Allowances 01030 Special Procedures 01040 Project Administration 01041 Job Management 01080 Identification Systems 01130 Measurement and Payment 01300 Submittals 01311 Progress Schedules 01400 Quality Control 01510 Temporary Facilities 01568 Storm Water Pollution Prevention During Construction 01600 Products 01650 Starting Systems 01700 Contract Closeout 01710 Final Cleaning 01730 Operation and Maintenance Manuals 01800 Forms DIVISION 2 SITEWORK 02050 Demolition 02217 Trenching,Backfilling, &Pipe Embedment 02220 Trench Safety 02221 Structural Excavation and Backfill 02255 Earth Fill Classifications 02403 Care of Water During Construction 02575 Paving Repair and Resurfacing 02601 Manholes and Cleanouts 02622 Polyvinyl Chloride Pipe and Fittings 02722 Sanitary Sewer Pipe-PVC 02830 Ornamental Fencing DIVISION 3 CONCRETE 03100 Concrete Formwork 03200 Concrete Reinforcement 03300 Cast-in-Place Concrete 03331 Cast-in-Place Architectural Concrete DIVISION 4 MASONRY [NOT USED] DIVISION 5 METALS 05521 Pipe and Tube Rails ..DIVISION 6 WOODS AND PLASTIC [NOT USED] DIVISION 7 THERMAL AND MOISTURE PROTECTION 07115 Bituminous Damproofing 07920 Joint Sealants -- Table of Contents TOC-2 FTW04301 DIVISION 8 DOORS AND WINDOWS 08221 Corrosive Resistant Doors 08710 Door Hardware DIVISION 9 FINISHES 09905 Protective Coatings DIVISION 10 SPECIALTIES [NOT USED) DIVISION 11 EQUIPMENT 11210 Horizontal End Suction Centrifugal Pumps 11211 In-line Booster Pump 11212 Vertical Pumping Units - Line Shaft Type 11215 Sodium Hypochlorite On-site Generation Equipment 11235 Peristaltic Hose Pump 11237 Solenoid Chemical Feed Pumps 11310 Submersible Pumps 11311 Automatic Self-Cleaning Strainer 11312 Y-Type Strainer DIVISION 12 FURNISHINGS [NOT USED] DIVISION 13 SPECIAL CONSTRUCTION 13425 Waste Tank 13502 Fiber-Optic Cable DIVISION 14 CONVEYING SYSTEMS [NOT USED] DIVISION 15 MECHANICAL/HVAC MECHANICAL 15062 Ductile Iron Pipe and Fittings 15064 Polyvinyl Chloride Pipe 15078 Miscellaneous Piping and Appurtenances 15101 Gate Valves 15103 Butterfly Valves 15111 Check Valves 15114 Solenoid Control Valve 15126 Flow Control Ball Valve 15136 Miscellaneous Valves 15170 Pressure Gauges and Cocks HVAC 15050 Basic Materials and Methods 15060 Hangers and Supports 15075 Mechanical Identification 15110 Valves 15181 Hydronic Piping 15745 Water Source Heat Pumps 15767 Propeller Unit Heaters 15815 Metal Ducts 15820 Duct Accessories loom*. 15838 Power Ventilators 15855 Diffusers, Registers,and Grilles 15950 Testing,Adjusting and Balancing Table of Contents TOC-3 FTW04301 DIVISION 16 ELECTRICAL 16010 General Electrical Requirements 16055 Electrical Power System Studies 16060 Minor Electrical Demolition for Remodeling 16111 Conduits 16115 W ireways 16117 Electrical Manholes and Concrete Pull Boxes 16120 600 Volt Wires and Cables 16122 Wire Connections and Devices 16130 Outlet Boxes 16131 Pull and Junction Boxes 16140 Wiring Devices 16150 Electrical Equipment 16164 Lighting and Branch Panelboards 16170 Disconnects 16180 Overcurrent Protective Devices 16190 Supporting Devices 16402 Underground Electrical Service 16425 600 Volt Switchboards 16450 Grounding 16460 Dry Type Transformers 16481 Low Voltage Motor Control Centers 16500 Lighting 16900 Instrumentation Loop Descriptions 1/0 Summary—PLC1 1/0 Summary—PLC2 19935 Contactors Table of Contents TOC-4 FTWO4301 PART A: GENERAL INFORMATION - Notice to Bidders - Comprehensive Notice to Bidders - Special Instruction to Bidders NOTICE TO BIDDERS Sealed proposals for the following: FOR: FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No.2 PROJECT NO.C290/541600/801490027080 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth,Texas and received at the Purchasing Office, lower level of City Hall at 1000 Throckmorton Street, Fort Worth,Texas 76102, until 1:30 p.m.,Thursday, September 1,2005 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers, northeast corner of City Hall. Plans and Specifications for this project may be obtained at the office of Freese and Nichols located at 4055 International Plaza Ste 200, Fort Worth,Texas 76109. Documents may be obtained for a non-refundable charge of: Set of one—half size Plans and specifications: $250.00. Set of one—full size Plans and specifications: $300.00. General Contract Documents and General Specifications for the water Department projects, dated January 1, 1978, with amendments, also comprise a part of the Contract Documents for this project and may be obtained by paying $50.00 for each set, at the Engineering office of the Fort Worth Water Department. All bidders will be required to comply with Provision 5159a of"Vernon's Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as i► amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. Proiect Scope:A majority of the work consists of the following: • Renovations to Active Pool including the installation of a new trench drain system. • Installation of two new sodium hypochlorite generation units for Pump Room No. 1 & No. 2. • Replacement of three (3)vertical turbine pumping units. • Replacement of four(4)submersible storm drain pumps. • Replacement of three (3) horizontal centrifugal filter pumps and three (3)submersible filter pumps. • Installation of four(4) new strainers to filter the Active Pool, Quiet Pool, Cascade Wall and Wet Wall. • Replacement of Electrical Switchgear at Pump Room No. 1 and No. 2. • Lighting improvements. • Active and Aerated Pools Safety Barriers. • Kiosk and Signs Included in the above will be all other items of construction as outlined in the plans and specifications. M/WBE Participation:In accordance with City of Fort Worth Ordinance No.15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the M/WBE Office, Office of the City Secretary or on line at www.fortworthgov. , enter City Department , Minority and Women Business Enterprise. The bidder shall submit the MBE/WBE UTILIZATION FORM,SUBCONTRACTOR/SUPPLIER UTILIZATION FORM ,PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM with Documentation") and/or the JOINT PART A- General Information FTW04301 VENTURE FORM as appropriate. The City's minimum M/W BE participation goal on this project is 28%of the total dollar value of this project. A listing of qualified M/W BE vendors may be obtained at the City of Fort Worth MMBE office,3`d floor of City Hall. All M/WBE documentation must be submitted to and received by the managing department (Parks and Community Services Department located at the southeast area of La Grand Plaza(formerly known as Town Center Mall ) 4200 South Freeway, Fort Worth, Texas 76115-1499) no later than 5:00 p.m., five (5) City business days after the bid opening date,exclusive of 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. All bidders may be required to comply with the projects Stormwater Pollution Prevention Plan(SW3P)during construction. Bidders may be required to prepare the SW3P as noted in Section 01568. The City reserves the right to reject any or all bids and waive any of all irregularities. The City will award one contract with a combination of base bids and/or alternates which is most advantageous to the City. Bidders shall be allowed to modify and/or withdraw bids prior to bid opening. Award of Contract:No bid may be withdrawn until the expiration of 90 calendar days from the date the MIWBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM, GOOD FAITH FORM ("Documentation"),and/or the JOINT VENTURE FORM as appropriate is received by the City. The award of the contract, if made,will be within 90 calendar days after this documentation is received,but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom the contract will be awarded. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form.Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting Freese and Nichols, Inc.at 817-735-7300. Bidders shall not separate,detach or remove any portion,segment or sheets from the contract document at anytime. Bidders must complete the proposal section(s)and submit the complete specifications book or face rejection of the bid as non-responsive.It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. Pre-Bid Meeting:A mandatory pre-bid meeting will be held on Tuesday,August 23,2005 at 9:00 AM at the Fort Worth Convention Center,Rm. 106,accessed from the Houston Street Arena entrance with site visit to follow.Access to the Water Gardens pump rooms shall be available for bidder review every Tuesday and Thursday mornings from 8:00 AM to noon beginning August 9,2005 through August 30,2005. For additional information concerning this project,please contact Mike Ficke, Project Manager, City of Fort Worth (817)871-5746 or Kendall King, P.E.of Freese and Nichols, Inc.at(817)735-7300. RANDLE HARWOOD,ACTING DIRECTOR CHARLES R.BOSWELL PARKS AND COMMUNITY SERIVES DEPARTMENT CITY MANAGER MARTY HENDRIX CITY SECRETARY Advertising Dates: Thursday,August 4.2005 Thursday,August 11,2005 PART A-General Information FTWO4301 SPECIAL INSTRUCTIONS TO BIDDERS (September 10,2004) 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be pre-qualified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule, names and addresses of each individual or business entity owning 10% or more of the bidding entity, 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) COVER LETTER: The cover letter provided by the prospective bidder with the pre- qualification information must include the following information: • Contact person (for additional information) if other than individual who signed the cover letter. • If the bidder intends to submit a bid within thirty(30)days from the date that the pre-qualification request is submitted to the City, a statement as to the project to be bid and the date that the bids are scheduled to be opened. b) FINANCIAL STATEMENT: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 financial status to 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. c) EXPERIECE RECORD: 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 technical level as that of the project for which bids are to be received. d) EQUIPMENT SCHEDULE: The prospective bidder shall list the equipment that the contractor has available for the project and list the equipment that Contractor will rent as may be required to complete the project on which the contractor submits a bid. e) The Water Department will review each pre-qualification submittal. From the financial statement,the maximum bid limit will be based on amount of liquid assets times 10. The expiration date for pre-qualification will be established as 15 months after the date of the financial statement. The experience record will be reviewed and verified at the same time. The following conditions apply: i. 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. ii. Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. iii. The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. iv. Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. PART A-Special Instruction to Bidders A-1 FTWO4301 V. 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 waiver of any necessary prequalification. For additional information contact John Kasavich, Fort Worth Water Department at(817)392- 8480(FAX 817-392-8195). Pre-qualifications submittal should be sent to: John Kasavich Fort Worth Water Department 1000 Throckmorton Fort Worth,TX76102-6212 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five(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 bid bond,the surety must be authorized to do business in the state of Texas. In addition,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. 3. BONDS: A performance bond,a payment bond, and a maintenance bond each for one hundred (100%)percent of the contract price will be required, Reference C 3-3.7. 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. b) The contractor shall,for a period of three(3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and (ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Right to Audit, under paragraph L of Section C1:Supplementary Conditions To Part C—General Conditions, pertain to this inspection. c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. d) With each partial payment estimate or payroll period,whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. PART A-Special Instruction to Bidders A-2 FTW04301 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in 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 its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less, the contract amount shall be paid within forty-five(45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the bases of 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 subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability,terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced .-w., laws concerning disability discrimination in the performance of this agreement. PART A-Special Instruction to Bidders A-3 FT V04301 11 MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five(5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE)and/or women business enterprise (WBE)on the 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 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 of facts(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,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, in order than a written addendum may be sent to all bidders. Any addenda 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 issue 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. FINAL PAYMENT,ACCEPTANCE AND WARRANTY: a) The contractor will receive full payment(less retainage)from the city for each pay period. b) Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c) The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d) The warranty period shall begin as of the date that the final punch list has been completed. e) Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. PART A-Special Instruction to Bidders A-4 FTWO4301 f) In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the a` city and there is a dispute regarding (i)final quantities, or(ii)liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g) In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. PART A-Special Instruction to Bidders A-5 FTWO4301 PART B: PROPOSAL - PROPOSAL - FORT WORTH MINORITY AND WOMEN BUSINESS ENTERPRISE POLICY PROPOSAL PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: Mr. Charles R. Boswell City Manager City of Fort Worth, Texas FOR: FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 PROJECT NO. C290/541600/801490027080 Includes the furnishing of all materials (except as specified to be furnished by the City), equipment and labor for the installation of all improvements and appurtenant work shown in the plans and specification, all necessary appurtenances and incidental work to provide a complete and serviceable project. 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 except as specified to be furnished by the City, which is necessary to fully complete the inspection and approval of the 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, and Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: (Furnish and install, including all appurtenant work, complete in place, the following items): ("D-No." or"DA-No." refers to the related items in Part D-Special Conditions or Part DA —Additional Special Conditions, respectively). .-%k PART B- Proposal 1 FTW04301 FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No.2 SECTION A— Renovations to Pump Room No. 1 PAY APPROXIMATE UNIT AMOUNT ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID 1. LS Bid for demolition and disposal of existing equipment in Pump Room No. 1. $Y7j,00 $,117,AZ 2. LS Bid for new construction, installation and operational completion of equipment in / Pump Room No. 1. (excluding �T aQq electrical/instrumentation). 3. LS Bid for new construction, installation and �,/ operational completion of Storm Ceptor on Too c1 Qrj storm drain from Pump Room No. 1. 4. 100 LF Bid for design, installation and removal of Trench Safety System $ 5— ,SQA 5. LS Bid for miscellaneous improvements at Pump Room No. 1 as shown on the ZS7 00o ZS7 ooa drawings and specifications, excluding items 1, 2, 3 and 4. TOTAL FOR SECTION A Renovations to Pump Room No. 1 (Transfer Total to Page 11) PART B- Proposal 2 FTW04301 FORT WORTH WATER GARDENS RENOVATIONS TO .� ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 SECTION B — Renovations to Pump Room No. 2 PAY APPROXIMATE UNIT AMOUNT ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID 6. LS Bid for demolition and disposal of existing eo equipment in Pump Room No. 2. $ 0ia00 �,8 OOa . 7. LS Bid for new construction, installation and operational completion of equipment inside $r'ft"CDs* Pump Room No. 2. (excluding electrical/instrumentation). 8. LS Bid for new construction, installation and operational completion of a Storm Ceptor Maw $ 35=0 on storm drain from Pump Room No. 2. 9. 100 LF Bid for design, installation and removal of oo Trench Safety System $ Jr' $ SOc7 10. LS Bid for miscellaneous improvements on Pump Room No. 2 as shown on the Z� o� Z) �Doo� drawings and specifications, excluding items 6, 7, 8 and 9. TOTAL FOR SECTION B Renovations to Pump Room No. 2 &70, foo ^o (Transfer Total to Page 11) PART B- Proposal 3 FTWO4301 FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 SECTION C — Active Pool Renovations PAY APPROXIMATE UNIT AMOUNT ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID 11. LS Bid for demolition and disposal at Active Pool including existing bar screen, $�l� $ concrete, lighting and electrical. 12. LS Bid for new construction at Active Pool including new concrete box, concrete slab, ao prefabricated trench drain system, and $166OZ $�6 piping (excluding electrical/instrumentation). 13. LS Bid for miscellaneous improvements as shown on the drawings and specifications, $ N06/0 . $ /leo 6/D, excluding items 11 and 12. TOTAL FOR SECTION C — Active Pool Renovations /6q - (Transfer Total to Page 11) PART B- Proposal 4 FTW04301 FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 SECTION D —Quiet Pool Renovations PAY APPROXIMATE UNIT AMOUNT ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID 14. LS Bid for demolition and disposal at Quiet a, �„ Pool. $3� — $ 3Cxao 15. LS Bid for new construction and miscellaneous improvements at Quiet Pool, including 0' replacement of nozzles in the water feature (excluding electrical/instrumentation). TOTAL FOR SECTION D Quiet Pool Renovations (Transfer Total to Page 11) .m. PART B- Proposal 5 FTW04301 FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 SECTION E—Structural Renovations PAY APPROXIMATE UNIT AMOUNT ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID 16. 8 Bid to repair Concrete Spalls in Active PoolCP so Area as shown on Plans, Sheet S-27. X250' ea. $10,000— 17. 500 Bid to for paving settlement repair as 10'! shown on Plans, Sheet S-27. ^ sf. 18. LS Bid for demolition, disposal and repair of °= cc section of Wet Wall as shown on the plans. $ 1010DO $ 10,000 - 19. 5610 Bid for demolition and replacement of a, Oe exposed aggregate concrete paving at 10 sf. $56,/w locations shown on the plans. TOTAL FOR SECTION E Structural Renovations (Transfer Total to Page 11) $ A00. PART B- Proposal 6 FTW04301 FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 SECTION F—Special Architectural Features and Signage PAY APPROXIMATE UNIT AMOUNT ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID 20. LS Bid for new construction and miscellaneous a. CM improvements for the Kiosk (excluding $QS,000� $25000 electrical/instrumentation). 21. LS Bid for new construction and miscellaneous ,= a improvements for the Entry Signs $ a� $4,0400 - (excluding electrical/instrumentation). 22. LS Bid for new construction and miscellaneous •= improvements for the concrete seat wall $115,000 and planters at the Active Pool. 23. LS Bid for new construction and miscellaneous 00 e0 improvements for the concrete seat wall $126 $IZ50Z and planters at the Aerated Pool 24. LS Bid for installation of new, modification and Go 00 rehabilitation (including painting) of $3 $38,Cb0 handrails as shown on the plans. TOTAL FOR SECTION F- Special Architectural Features .6 and Signage s 43 (Transfer Total to Page 11) PART B- Proposal 7 FTW04301 FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 SECTION G — Lighting and Electrical Improvements PAY APPROXIMATE UNIT AMOUNT ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID 25. LS Bid for miscellaneous outside demolition od and disposal of High Mast Lighting and 22 000. 22 000 outside Electrical Fixtures 26. LS Bid for demolition and new construction, installation and operational completion of the lighting improvements at the Active yS 000. yS� oma. — Pool, Quiet Pool, Signage and Path, Central Plaza, Amphitheater, Grove, Landscape and Controls. 27. LS Bid for demolition and new construction, installation and operational completion of � � 000 the Electrical Improvements Pump Room No. 1 28. LS Bid for new construction, installation and coo operational completion of the Electrical 000 $/6c000 Improvements Pump Room No. 2 29. LS Bid for miscellaneous electrical improvements as shown on the drawings 000 ao 000 and specifications, excluding items 25, 26, 27 and 28. TOTAL FOR SECTION G Lighting & Electrical Improvements o0 2- (Transfer Total to Page 11 — PART B- Proposal 8 FTW04301 FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 SECTION H —General Conditions PAY APPROXIMATE UNIT AMOUNT ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID 30. LS Bid for mobilization and general conditions including temporary facilities and fencing, yS'oq, final cleaning, bonds and insurance not to yS'Doo, — exceed 5% of the proposed bid. TOTAL FOR SECTION H General Conditions .o (Transfer Total to Page 11) Mood. PART B- Proposal 9 FTW04301 FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 Section I —ALLOWANCE ALLOWANCE APPROXIMATE UNIT AMOUNT ITEM NO. QUANTITY DESCRIPTION OF ITEMS PRICE BID A. LS For minor revisions and additions in the work, authorized by the Owner prior to commencing the work, for $50,000.00 $50,000.00 the lump sum of fifty thousand dollars and cents. TOTAL FOR SECTION 1 —Allowance $ 50,000.00 PART B- Proposal 10 FTW04301 look, BID SUMMARY FORT WORTH WATER GARDENS RENOVATIONS TO ACTIVE POOL AND PUMP ROOM No. 1 & No. 2 Total Section A - Renovations to Pump Room No. 1 $ g9' Soo Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of five (5%) percent is to become the property of the City of Fort Worth, Texas, in the event the contract or bonds are not executed and delivered within the time above set forth, as liquidated damages for 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 City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 300 calendar days after beginning construction as set forth in the written order to be furnished by the Owner. Liquidated damages shall be assessed as indicated in section 7-7.10. (Complete A or B below, as applicable:) D� 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 statute is attached. [� Nonresident bidders in the State ofour principal place of business, are not required to underbid re dent bidders. ( ] B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledge i of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Resp tfully submitted, (SEAL)By: - - If Bidder is Corporationc1 _L Title: Trle-514"4- ,-f-hCo r ►^lw�d ivy Jl�Tf OT ��H o�S II � j� =- Address: 7Y/ �.5 //'p,-44j;J-t 7�'rt vE�i Y ► 17� ioo, 5S0 �Ft/a•��, PART B- Proposal 12 FTW04301 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in Awn rAi&- (give state), our principal place of business, are not require to undbrbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: BIDDER: -Ac&�z r 1S� n Covi+fa_c7661'5 By: l"'C��ev) [JJS Company (please rint) AvtK(z e Signature: --Ar �i v �v T i t I e City J State Zip (please print) THIS FORM MUST BE RETURNED WITH YOUR BID J 1Vitor Po►-6:;. t, : T 11 i elegy s -Ass : 1 / 3-7 441 J, 'Pal-klJ't lde-h� l v a Je,14&) 671-4 3 c) 3 �� FORT WORTH MINORITY AND WOMEN BUSINESS ENTERPRISE POLICY �. .M. ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth .-. Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Archer Western Contractors, Ltd. PROJECT NAME: MNV/DBE X NON-MNV/DBE BID DATE Fort Worth Water Gardens Renovations to Active Pool and Pump Room No.1&No.2. September 1,2005 City's MNVBE Project Goal: Prime's MNVBE Project Utilization: PROJECT NUMBER 28% 28.1 % C290/541600!801490027080 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested 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. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MMBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or :urrently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1s' tier, a payment by a subcontractor to its supplier is considered 2'd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The MIWBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 I A011k AWb. ATTACHMENT 1A FORT WORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status; i.e., Minority,Women and non-M/WBEs. Please list MNVBE firms first,use additional sheets if necessary. Certification (check one) n SUBCONTRACTORISUPPLIER T Detail Detail Company Name i N T C X Subcontracting Work Supplies Purchased Dollar Amount Address e M W T D Telephone/Fax r B B R O E E D T A Clemmons Trucking Co. 1 X Onsite and 3,621.00 7934 South Lancaster Offsite Trucking Dallas, TX 75241 Phone: 972-228-0201 Fax: 972-2 8-0256 Eagle Aggregate 1 X Aggregates & 977.00 Transportation Pipe Bedding 4401 N. I-35 Denton, TX 76207 Phone: 940-383-0096 Fax: 940-383-0097 Rebar Services & Suppl 1 X Furnish 21,500.00 1390 Gilman Road Reinforcing Fort Worth, TX 76140 Steel Phone: 817-483-4603 Fax: 817-483-8418 Fraire's Rebar, Inc. 1 X Install 5,328.00 432 West Yarmouth Reinforcing Dallas, TX 75208 Steel Phone: 214-942-4630 Fax: 214-941-0713 James C. Paris Co. 1 X Mechanical 316,137.00 707 Robbie Drive Equipment Suite 100 Irving, TX 75061 Phone: 214-215-1284 Fax: 214-986-0287 Ricochet Fuel 1 X Construction 6,350.00 1201 Royal Parkway Fuel Euless, TX 76040 Phone: 817-268-5910 Fax: 817-282-7497 Rev.5/30/03 .•. Amb, ATTACHMENT IA FOR1�:ORTH Page 3 of 4 i0*4. Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTORISUPPLIER T n Company Name i N T Detail Detail Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B a T D vy E E R O B C T E A Garland Heating & Air 1 X Heating, 28,600.00 2113 South Garland Ave Ventilation & Garland, TX 75041 Air Conditioning Phone: 972-278-3506 Fax: 972-271-6321 Datacom Power, Inc. 2 X Electrical/ 100,000.00 3020 Legacy Drive Instrumentation Suite 100 Equipment & Plano, TX 75023 Controls Phone: 972-491-0987 Fax: 972-491-0718 Response Delivery 2 X Electrical 300,000.00 4617 S. Buckner Materials Suite J Dallas, TX 75227 Phone: 214-236-4768 Fax: 214-236-8078 Southern Star Concrete 1 X Ready Mix 95,762.00 8500 Freeport Pkwy. N Concrete Suite 200 Irving, TX 75063 Phone: 972-621-0999 Fax: 972-621-3351 Jordan's Manufacturing 1 X Miscellaneous 69,002.00 4205 Garland Metals Fort Worth, TX 76117 Phone: 817-656-1030, Fax: 817-656-4281 Industrial Corrosion 1 X FRP Trench 23,060.00 -roducts rain ,'124 E. 69th Street Tulsa, OK 74133 Phone: 918-493-2352 Rev_5/30/03 Auk .... ATTACHMENT 1A FORTWORTH Page 3 of 4 Ir— .."1 Primes are required to identify ALL subcontractorstsuppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list MNVBE firms first,use additional sheets if necessary. Certification N (check one) o SUBCONTRACTORISUPPLIER T n Company Name i N T Detail Detail Address e M w C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D vy E E R O B C T E A Cortrol Process System 1 X FRP Doors 3,500.00 P.O. Box 9666 Tulsa, OK 74157 Phone: 800-652-6789 Fax: 918-446-8812 Dobbs Coating Systems K Painting 12,110.00 1888 Mineral Wells Pkwy Weatherford, TX 76088 Phone: 817-341-1777 Fax: 817-341-1797 _oly Corr, Inc. 1 X HDPE Storage 1,124.00 P.O. Box 7375 Tank Monroe, LA 71211 Phone: 318-322-7300 Fax: 318-322-9600 Municipal Valve & 1 X Pipe/Valves/ 85,000.00 Equipment Fittings 5924 W. Parker Road Suite 200 Plano, TX 75093 Phone: 972-943-5761 Fax: 972-943-5764 Design Electric K Electrical Work 318,700.00 2650 Andjon Dallas, TX 75220 Phone: 214-357-5697 Fax: 214-357-5794 Rev.5/30103 i► ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M1WBE Subcontractors/Suppliers $ 782,513.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 608,258.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 1,390,771.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MIW/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable ^'-)contractors/suppliers/contractors participating on the contract that will substantiate the actual work , ;rformed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create 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. A I � / Matthew Walsh Autlidrfied Signature n Printed Signature President Rod Lunkwitz Title Contact Namerritle(if different) Archer Western Contractors, Ltd. (817) 640-3898 (817) 640-8734 Company Name Telephone and/or Fax 2121 Avenue `J` , Suite 103 rlunkwitz@archerwestern.com .Address E-mail Address Arlington, TX 76006 September 8, 2005 City/States ip Date Rev.5/30/03 ATTACHMENT 1 TABLE OF CONTENTS Subject Page No. 1. DEFINITIONS ....................................................................... 1 Il. PURPOSE ........................................................................... 4 Ill. CERTIFICATION ................................................................... 4 IV. PROGRAM GOAL SETTING ................................................... 4 V. APPLICABLE CONTRACTS 1. CONSTRUCTION ............................................................... 5 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS RETAINAGE 2. PROFESSIONAL SERVICES ................................................. 8 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS 3. PURCHASES ...................................................................... 10 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS BEST VALUE CRITERIA VI. POST AWARD COMPLIANCE .................................................... 13 VII. CONTRACT MONITORING AND REPORTING .............................. 15 VIII. EXCEPTIONS AND WAIVERS .................................................... 16 IX. PROGRAM ADMINISTRATION ................................................... 16 X. SANCTIONS ............................................................................ 18 Xi. SEVERABILITY ........................................................................ 19 Minority and Women Business Enterprise Ordinance Attachment 1 ATTACHMENT I I. DEFINITIONS: 1. Applicable Contract means any contract of $25,000 or more for construction projects and professional services and $25,000 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, located or doing business at the time of bid/proposal opening 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. 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. Combined Projects means a construction contract, which includes paving and/or drainage elements of construction and water and/or sanitary sewer construction elements, but does not include a standard water and/or sanitary sewer contract where the pavement is temporarily or permanently repaired and that repair is not a separate unit. 6. 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. 7. 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". 8. Contract Officer means the person employed by the City to oversee the performance of the contract. 9. Contracting Department means the department responsible for payment of contract obligations. 10. Contractor means the business entity with whom the City has entered into an agreement. Includes the terms 'Vendor', "Prime Contractor"and"Prime Consultant". 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. 1 Minority and Women Business Enterprise Ordinance Attachment 1 12. Good Faith Effort means an honest and conscientious effort by the Offeror to meet the City's goal for M/WBE participation. 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. On combined projects list each subcontracting and/or supplying opportunity through the 2nd tier. 12.2. Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. 12.3. Solicit bids from M/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 MNVBEs, 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 MAAIBEs for a particular subcontracting/supplier opportunity is ten or less,the Contractor must contact the entire list within such area of opportunity to be in compliance with 12.3 and 12.4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten or more,the Contractor 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 M/WBEs. 12.6. Submit documentation if M1WBE quotes were rejected. The documentation submitted should be in the form of an affidavit, include a detailed explanation of why the MNVBE was rejected and any supporting documentation the Offeror wishes to be considered by the City In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. 13. Horizontal Construction means construction of highways, roads, streets, bridges, utilities, water supply projects, water plans, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction as referenced in this ordinance. 14. Joint Venture means an association of two or more businesses, one of which must be a certified MNVBE firm. The M/WBE firm 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. 15. Lease Agreement means a written agreement to transfer control and use of truck(s) from one business entity to another, which outlines fees and/or commissions. 16. Lease Trucks means trucks that are leased from another M/WBE firm, including M/WBE owner-operators. Trucks leased from non-M/WBE firms will only receive credit for the fees and commissions earned by the MANBE as outlined in the lease agreement. 17. Manager means the administrator of the MIWBE Office of the City of Fort Worth. 18. Managing Department means the department responsible for overseeing the day-to-day completion of the contract. 19. Manufacturer means one that manufactures a product by hand or machinery suitable for uses; the process of making wares. 20. 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. 2 Minority and Women Business Enterprise Ordinance Attachment 1 21. Minority means a citizen of the United States or lawfully admitted permanent resident that is Asian American, American Indian, Black or Hispanic. 22. 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. 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. management and daily business operations are controlled by one or more minority persons who own it. 23. MWBEAC means the Minority and Women Business Enterprise Advisory Committee appointed by the City Council to review the findings of Availability and Disparity Studies conducted for the City and present recommendations, in concurrence with the City Manager,on any amendments to the MANBE Ordinance. 24. Mediation means an alternate dispute resolution method as authorized by the state law 25. Nepotism means the state or fact of showing favoritism to a relative on the basis of a relationship. 26. Non-compliance means failure of a prime contractor to comply with the Ordinance's requirements during the contract and/or at completion of the contract. 27. Non-responsive means failure of an Offeror to respond to the Ordinance's requirements upon submission of a bid or proposal; herein specifically defined by either 1) meet or exceed the stated project goal, or 2) make a good and honest faith effort to meet the project goal or 3) submit the prime contractor waiver or 4) submit the joint venture form. 28. 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 bidder and proposer. 29. Payment Dispute means a bonafide disagreement of payment. 30. Procurement means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services. 31. 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. 32. Project Manager see Contract Officer. 33. Purchasing means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services excluding construction and professional services previously defined. 34. Qualified means an individual or business entity having previously performed or received training in the work, industry or profession required. 35. Regular Dealer is defined as a firm that owns, operates, or maintains a store, a warehouse, or other establishments in which the materials or supplies required for the contract are bought, kept in stock, and are regularly sold retail or wholesale. 36. Subcontract means an agreement between the contractor and another business entity for the performance of work. 37. Subcontract/Supplier Opportunity means an area where there is more than one M/WBE subcontractor/subconsultant/supplier in the market place. 3 Minority and Women Business Enterprise Ordinance Attachment 1 38. 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� tier, a payment by a subcontractor to its supplier is considered 2"d tier. 39. Vertical Construction means construction of a facility. Facility means buildings the design and construction of which are governed by accepted building codes. The term does not include: (A) highways, roads, streets, bridges, utilities, water supply projects, water plans, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction or(B) builds or structures that are incidental to projects that are primarily civil engineering construction projects. 40. 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. 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. management and daily business operations are controlled by one or more women who own it. II. PURPOSE: The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the utilization of minority and women business enterprises above the present low level to one more comparable to their availability in the Fort Worth Marketplace. 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. The City Manager shall recommend an annual goal for MNVBE participation in City procurement activities, based upon the availability within the Marketplace. 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 MANBE or DBE participation may take precedence over this ordinance. Award of a contract shall be recommended when the Offeror has complied with the requirements of this ordinance via meeting the goal, demonstrating a Good Faith Effort to meet the goal or meeting the requirements for a Prime Contractor Waiver. Failure to comply with the Ordinance by any of the required methods shall result in an Offeror being deemed non-responsive. III. CERTIFICATION: The City will recognize M/WBE firms that are certified by the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TX DOT), highway division. The firms shall be located in or doing business in the Marketplace at the time of bid/proposal opening. IV. 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 conduct an analysis of the availability of MNVBEs and present to the City Council an annual report on M/WBE availability and utilization by the end of the fust quarter of the new fiscal year. 4 Minority and Women Business Enterprise Ordinance Attachment 1 2. Based on the availability of M/WBEs in the Marketplace and the City's most recent goal attainment and with n%k the advice and counsel of the, the City Manager shall recommend to the City Council a reasonable goal for the remainder of the current fiscal year. 3. The goal shall be expressed in terms of a percentage of the total dollar value of all applicable contracts awarded by the City. Goals shall be established separately for categories of construction, professional services, and purchasing, as well as, any other categories that the City Council or City Manager deems appropriate. B. An individual project goal shall be set by the MNVBE 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: 1. Specific subcontracting and/or materials opportunities required to complete the project, and 2. The availability of MNVBE in the identified subcontracting and/or materials opportunities in the Marketplace. V. APPLICABLE CONTRACTS: A. CONSTRUCTION PROJECTS 1. M/WBE UTILIZATION REQUIREMENTS a. In addition to the requirements set forth elsewhere, bid conditions shall include a statement of the MNVBE goal established for the project. The requirements below also apply to circumstances where change orders or extra work give rise to new trade or vendor opportunities outside the original scope of work .. b. Bid conditions and all other specifications for applicable contracts to be awarded by the City shall require that Offerors make a good faith effort (GFE) to subcontract with or purchase supplies from MNVBE 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 contracts (estimated cost of $25,000 or more) shall be awarded and administered in accordance with the following standards and procedures: 01. Competitive bids for applicable contracts shall include the MNVBE requirements and documentation in the bid specifications. M/WBE documentation consists of the SPECIAL INSTRUCTIONS TO BIDDERS, the SUBCONTRACTOR UTILIZATION FORM, the PRIME CONTRACTOR WAIVER FORM,the GOOD FAITH EFFORT FORM,and the JOINT VENTURE FORM. a) Competitive bids where the Offeror equals or exceeds the project goal must submit the SUBCONTRACTOR UTILIZATION FORM or the JOINT VENTURE FORM. b) Competitive bids where the Offeror does not have subcontracting and/or supplier opportunities must submit the PRIME CONTRACTOR WAIVER FORM. c) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but does not include M/WBE participation in an amount which equals or exceeds the project goal, must submit the SUBCONTRACTOR UTILIZATION FORM and the GOOD FAITH EFFORT FORM (GFE)and documentation. d) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but do not An%k include any MNVBE participation must submit the SUBCONTRACTOR UTILIZATION FORM and the GOOD FAITH EFFORT FORM and documentation. 5 Minority and Women Business Enterprise Ordinance Attachment 1 02. The Offeror shall submit the SUBCONTRACTOR UTILIZATION FORM and/or the GOOD FAITH EFFORT FORM or the PRIME CONTRACTOR WAIVER FORM, or the JOINT VENTURE FORM ("and documentation") as appropriate. The Managing Department mu receive the documentation no later than 5:00 p.m., five (5) City business days after the bf 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. 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 MNVBE requirements and documentation,shall render the Offeror non-responsive. 03. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize M/WBE(s). 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. 04. The contracting department may request the MNVBE 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. 2. COUNTING M/WBE PARTICIPATION MNVBE participation shall be counted toward meeting the goal in accordance with the following provisions: a. For the purpose of determining compliance with the goal requirements established in this ordinance, businesses will be counted as MNVBE only when they have been certified as such prior to a recommendation for award being made to the City Council. 01. Any business listed by an Offeror that is not certified at the time of bid opening must file an ^ application for certification to a city authorized certification agency within a reasonable time fo( the City to consider the business and dollar amount towards meeting the goal. 02. If a business described in the subparagraph immediately above 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 certifiedlcertifiable MNVBE participation, starting the next City business day following the day the written notification was received from the Managing Department. 03. Evidence of the additional certified/certifiable MIWBE 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. b. Except as provided for in paragraph C below, if the Offeror is ruled non-responsive to for failure to comply with 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 then submit documentation that it will either meet or exceed the stated goal and if the documentation satisfies this ordinance, the Offeror may then be considered for an award of contract C. 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°k) percent of the total-bid, the Offeror may submit documentation that an MNVBE will be utilized for that subcontract/supplier opportunity, and may be considered for an award of contract. d. Documentation required under either paragraph 2 or 3 above must be received by the Managing Department within five(5)City business days, exclusive of the date that the Offeror was notified that it was non-responsive. If the documentation is not received within the stated time, the Offeror shall beew*s deemed to have withdrawn its bid. The City will not communicate with another Offeror regarding award of the contract until five(5)City business days after the original Offeror has been notified that it is non-responsive. 6 Minority and Women Business Enterprise Ordinance Attachment 1 e. The Offeror may count toward the goal any tier of M/WBE subcontractors and/or suppliers f. The Offeror will be given credit toward the goal only when the M/WBE subcontractor performs a commercially useful function. A M/WBE subcontractor is considered to have performed a commercially useful function when. 01. 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 02. When the firm receives due compensation as agreed upon for the work performed. g. The Offeror will be given credit toward the M/WBE goal only when the M/WBE supplier performs a commercially useful function. A M/WBE supplier is considered to have performed a commercially useful function when the M/WBE supplier is a manufacturer or a regular dealer. h. The Offeror will be given credit for utilizing a M/WBE hauling firm as long as the M/WBE owns and operates at least one fully licensed and operational truck used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. L Regardless of whether an arrangement between the contractor and the M/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the M/WBE or does not meet the commercially useful function requirement, the Offeror shall receive no credit toward the goal. j. 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 M/WBE participation in the joint venture. 01. 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. 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 M/WBE requirements and documentation, shall render the Offeror non-responsive- 02. The MNVBE 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. k. Except for joint ventures, the prime contractor (regardless of their M/WBE status) and any work performed by the prime contractor is not counted toward meeting the M/WBE contract goal and is not considered when determining compliance with this ordinance. I. An Offeror may not count toward its goal any arrangement with an MNVBE that is nepotism or where a MNVBE has been a recent employee(less than one year)of the Offeror. m. The Offeror may not count toward the goal any agreement with a M/WBE that does not meet the requirements of this ordinance. 3. PAYMENTS ^ The City Manager shall implement procedures to comply with the following: 7