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Home My WebLink AboutContract 26208 LOW CITY CRETARY FORT WORTHWATER DEPARTMEN't EXEC COPY ED } SPECIFICATIONS AND CONTRACT DOCUMENTS FOR VILLAGECREEK WASTEWATER TREATMENT PLANT CITY SECRETARY D CONTRACT NO. DIGESTER GAS FUELED TURBINE GENERATORS GENERAL CONSTRUCTION CONTRACT (GC) TURBINE GENERATOR EQUIPMENT AND INSTALLATION CONTRACT (TC) PROJ Ecr NO. PE42-07042016011.0 VOLUME I Parts A through D Parts F and G NOVEMBER 1999 1 TMJ MULTATECII ENGINEERING,INC. 1407 Texas Street,Suite 200 Fort Worth,Texas 76102 Phone:(817)877--5571 Metro:(817)429-7457 Fax:(817)877-4245 RIE] PROJECT No.96040 City of Fort Worth, Texas "agor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/20/00 C-18093 60ARCHER 1 of 2 SUBJECT AWARD OF CONTRACT TO ARCHER WESTERN CONTRACTORS, LTD. FOR VILLAGE CREEK WASTEWATER TREATMENT PLANT DIGESTER GAS FIRED TURBINE GENERATORS GENERAL CONSTRUCTION CONTRACT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with Archer Western Contractors, Ltd. for the general construction of the Village Creek Wastewater Treatment Plant Digester Gas Fired Turbine Generators on the low bid of$2,390,190. DISCUSSION: On July 14, 1998 (M&C C-16891), the City Council authorized the execution of an engineering agreement with Multatech Engineering, Inc. for the design of a digester gas fired engine/generator at Village Creek Wastewater Treatment Plant. Using the methane gas produced by the plant processes, the additional engine or turbine generators will be capable of generating approximately 60% of the electrical power required by the plant. Currently the excess methane gas is "flared." Archer Western Contractors, Ltd. will modify the existing engine generator room of the blower building for the installation of the two new 5.2 MW turbine generators and associated equipment. The City Council authorized the execution of a contract for the purchase and installation of the generators with Solar Turbines, Inc. on May 30, 2000 (M&C C-18047). On February 3, 2000, the following bids were received: Bidder Amount Bid Time Of Completion Archer-Western Contractors, Ltd. $2,390,190 365 Calendar Days Oscar Renda Contracting, Inc. $2,578,000 Archer Western Contractors, Ltd. is in compliance with the City's M/WBE Ordinance by committing to 31% M/WBE participation. The City's goal on this project is 31%. The total authorized amount includes $71,705 for possible change orders and $19,505 for staff support. r City of Fort Worth, Texas "Affor And cou"Cil Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/20/00 C-18093 60ARCHER 2 of 2 SUBJECT AWARD OF CONTRACT TO ARCHER WESTERN CONTRACTORS, LTD. FOR VILLAGE CREEK WASTEWATER TREATMENT PLANT DIGESTER GAS FIRED TURBINE GENERATORS GENERAL CONSTRUCTION CONTRACT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Sewer Fund. MG:I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) .WWVED Mike Groomer 6140 CITY COUNCL Originating Department Head: JUN 84 2000 Dale Fisseler 8207 (from) � )) PS46 541200 070460300130 $2,390,190.00 Additional Information Contact: city8enalaryCd*0 CUT of Pott tre0ift ftus Dale Fisseler 8207 FORT WORTH WATER DEPARTMENT SPECIFICATIONS AND CONTRACT DOCUMENTS FOR VILLAGE CREEK WASTEWATER TREATMENT PLANT DIGESTER GAS FUELED TURBINE GENERATORS GENERAL CONSTRUCTION CONTRACT (GC) TURBINE GENERATOR EQUIPMENT AND INSTALLATION CONTRACT (TC) PROJECT NO. PE42-070420160110 VOLUME 1 Parts A through D Parts F and G NOVEMBER 1999 Z AGM MULTATECH ENGINEERING, INC. 1407 Texas Street,Suite 200 Fort Worth,Texas 76102 Phone:(817)877-5571 Metro:(817)429-7457 Fax:(817)8774245 MEI PROJECT No.96040 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 TABLE OF CONTENTS VOLUME 1 PART A - INVITATION TO BID Notice to Bidders Special Instructions to Bidders PART B- BID FORMS Proposals General Construction Contract Turbine Equipment Contract Vendor Compliance to State Law Contractor Compliance to State Law Appendix A Prequalification Forms Appendix B M/WBE Bid Specifications (Paper-Goldenrod) Appendix C Workman's Compensation Insurance Coverage PART C -GENERAL CONDITIONS General Conditions (Paper- Canary Yellow) PART CS - SUPPLEMENTARY CONDITIONS Supplementary Conditions (Paper-Green) PART D - SPECIAL CONDITIONS Special Conditions (Paper-Green) PART F - BONDS Performance Bond Payment Bond Maintenance Bond Certificate of Insurance PART G - CONTRACT Contract Appendix A State Revolving Fund (SRF) Requirements Addendum No. 2 — Page 1 of VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 TABLE OF CONTENTS VOLUME 2 PART E -TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01100 Summary 01125 Summary of Multiple Contracts 01140 Work Restrictions 01210 Allowances 01230 Alternates 01250 Contract Modification Procedures 01290 Payment Procedures 01310 Project Management and Coordination 01320 Construction Progress Documentation 01322 Photographic Documentation 01330 Submittal Procedures 01400 Quality Requirements 01420 References 01500 Temporary Facilities and Controls 01600 Product Requirements 01650 Starting of Systems, Training and Commissioning 01700 Execution Requirements ' 01731 Cutting and Patching 01770 Closeout Procedures 01781 Project Record Documents ' 01782 Operation and Maintenance Data DIVISION 2 - SITEWORK ' 02070 Selective Demolition 02205 Soil Materials 02223 Backfilling 02240 Soil Stabilization 02265 Trench Excavation Safety Protection System 02300 Earthwork 02371 Drilled Concrete Piers (Caissons) 02511 Hot-Mix Asphalt Paving 02584 Underground Ducts and Utility Structures 02751 Cement Concrete Paving A Addendum NAPage 2 of 6 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 DIVISION 3 - CONCRETE 03100 Concrete Formwork 03200 Concrete Reinforcement 03300 Cast-In-Place Concrete 03370 Concrete Curing 03540 Self-Leveling Floor Underlayment for Topping Concrete Floors 03732 Concrete Repair DIVISION 4 - MASONRY 04200 Unit Masonry DIVISION 5 - METALS 05120 Structural Steel 05500 Metal Fabrications 05521 Aluminum Handrails and Railings 05530 Aluminum Grating DIVISION 6 -WOOD AND PLASTICS 06100 Rough Carpentry DIVISION 7 -THERMAL AND MOISTURE PROTECTION 07110 Sheet Membrane Waterproofing 07160 Bituminous Dampproofing 07175 Water Repellents 07410 Preformed Metal Siding 07600 Flashing and Sheet Metal 07900 Joint Sealers DIVISION 8 - DOORS AND WINDOWS 08110 Hollow Metal Doors and Frames 08112 FRP Doors and Frames 08330 Overhead Coiling Doors 08385 Acoustical Door Assemblies 08710 Finish Hardware 08800 Glass and Glazing Addendum NAPage 3 of 6 VCVW TP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 DIVISION 9 - FINISHES . 09700 Special Floor Coating 09900 Painting DIVISION 10 -SPECIALTIES 10522 Fire Extinguishers, Cabinets and Accessories DIVISION 11 - EQUIPMENT 11368 Heat Recovery Unit 11372 High Pressure Gas Compressor Sets 11382 Gas Turbine/Generator Sets DIVISION 12 - FURNISHING NOT USED DIVISION 13 - SPECIAL CONSTRUCTION 13400 Instrumentation General Provisions 13410 Instrumentation Commissioning 13420 Instruments 13449 Local Subsystem Control Panels 13450 Instrumentation Wiring DIVISION 14 - CONVEYING SYSTEMS NOT USED Addendum No. 2 — Page 4 of 6 , VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 TABLE OF CONTENTS VOLUME 3 PART E —TECHNICAL SPECIFICATIONS DIVISION 15 — MECHANICAL 15050 Basic Mechanical Materials and Methods 15060 Hangers and Supports 15061 Stainless Steel Pipe and Fittings 15075 Mechanical Identification 15084 Mechanical Insulation 15122 Meters and Gages 15170 Motors 15181 Steel Pipe and Fittings 15191 Fuel Oil Piping Systems 15193 Hot Oil Piping Systems 15197 Polyethylene Pipe and Fittings 15411 Water Service Piping 15412 Water Distribution Piping 15420 Drainage and Vent Piping 15488 Natural Gas Piping Systems 15489 Digester Gas Piping Systems 15510 Hydronic Piping System 15540 Pumps 15710 Heat Exchangers 15815 Metal Ductwork 15820 Duct Accessories 15853 Power Ventilators 15932 Air Outlets and Inlets 15940 Sequence of Operation 15990 Testing, Adjusting and Balancing Addendum 3: "15110 Hydronic Valves 15973 Instrument Air Control System" Addendum N9�2 Page 5 of 6 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 , DIVISION 16 — ELECTRICAL 16050 Basic Electrical Materials and Methods 16060 Grounding and Bonding 16075 Electrical Identification 16120 Conductors and Cables ' 16124 Medium-Voltage Cables 16130 Raceways and Boxes 16140 Wiring Devices ' 16341 Medium-Voltage Switchgear 16350 Medium-Voltage Transformers 16410 Enclosed Safety Switches 16442 Panelboards 16461 Dry-Type Transformers - 600 Volts and Below 16481 Motor Controllers—600 Volts and Below 16482 Motor Control Centers 16491 Fuses - 600 Volt and Below 16510 Lighting Fixture and Lamps Addendum No. 2 Y Page 6 of 6 PART A INVITATION TO BID PART A INVITATION TO BID TABLE OF CONTENTS PART A - INVITATION TO BID Page Notice to Bidders A-2 Special Instructions to Bidders A-4 A- 1 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 PART A - NOTICE TO BIDDERS Sealed proposals for requested for the furnishing of all labor, materials, equipment, and all necessary appurtenances and incidental work for the Digester Gas Fueled Turbine Generators for the Village Creek Wastewater Treatment Plant, Water Department Project Number PE42-070420160110 shall be addressed to Mr. Bob Terrell, City Manager City of Fort Worth 1000 Throckmorton Street (P. O. Box 17027) Fort Worth, Texas 76102 and will be received until 1:30 p.m. on the date of the bid opening at the Office of the Purchasing Manager, City of Fort Worth, in the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas, 76102. The bids will be publicly opened and read aloud in the City Council Chambers at 2:00 P.M., Thursday, February 3, 2000 Any bids received after the closing time will be returned unopened. Contract Documents, including plans and specifications, have been prepared for this project and may be obtained at the office of Multatech Engineering, Inc. (MEI), 1407 Texas Street, Suite 200, Fort Worth, Texas, 76102-3428, Telephone (817) 877-5571, for non-refundable fees as follows: $200.00 per full-size set $150.00 per half-size set Payment for the contract documents shall be made by check made payable to: Multatech Engineering, Inc. 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, 1000 Throckmorton Street, Fort Worth, Texas 76102. Prequalification of Bidders according Water Department Contract Documents is required. A Performance Bond, a Payment Bond, and a Maintenance Bond, each for one hundred (100%) percent of the contract price will be required. The City reserves the right to reject any or all bids and waive any of all irregularities. No bid may be withdrawn until the expiration of 90 days from the date bids are received. Addendum NOA Page 1 of 2 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 This project is a State Revolving Fund (SRF) funded project. The contract is contingent upon the release of funds from the Texas Water Development Board. In order to comply with the ,specifications and Contract Requirements for this work, the Contractor must insure and/or comply with the requirements set forth in the State Revolving Fund forms, included in the Contract Documents. A Pre-Bid Conference for all bidding Contractors will be held by representatives of the Fort Worth Water Department and the Consulting Engineers in the main administration building at the Village Creek Wastewater Treatment Plant, 4500 Wilma Lane, Fort Worth, Texas, 76102 on January 19, 2000 at 10:00 AM. Robert Terrell City Manager Gloria Pearson City Secretary Publication: December 16, 1999 December 23, 1999 Addendum No.�t Page 2 of 2 SPECIAL INSTRUCTIONS TO BIDDERS 1. PREQUALIFICATION REQUIREMENTS. An acceptable experience record, an equipment schedule, a current financial statement, and liabilities and net worth statement must be filed with the Director of the Water Department at LEAST SEVEN DAYS PRIOR TO THE HOUR FOR OPENING BIDS. The financial statement required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Proposals submitted by a prospective bidder who has not fulfilled the above requirements shall be returned unopened. Prospective bidders whose qualifications are not deemed to be appropriate to the nature and/or magnitude of the project on which the bids are to be received will be notified before the date of the bid opening, and any proposals submitted by them shall be returned unopened. Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received. The Director of the Water Department shall be the sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. 2. BID SECURITY. A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in the amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. For the bid bond to be acceptable, the name of the surety company issuing said bond shall be licensed to do business in the State of Texas and shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of the bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. 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 C3-3.7. 4. PREVAILING WAGE PROVISIONS: The wage determination to be included in the Specifications is the minimum wage rates. A legible copy of this wage determination must be posted and maintained by the Contractor in a prominent place on the jobsite where it can be easily seen by employees at all times. No classification of laborers or mechanics other than A-4 those designated in the wage determination for the project shall be employed. In the event that classifications are required for classes of laborers and mechanics not listed in the wage determination, the Contractor shall file with the Owner a request for a classification prior to using an employee for which no classification has been included. The Owner will make, or cause to be made, such investigations, including interviews with the employees of the Contractor, and Subcontractor as may be necessary to assure that the employees are being paid in accordance with the wage determination, and that all requirements of the Labor Standards are being complied with. Particular attention will be given to the requirement that a copy of the wage determination must be posted by the Contractor in a prominent place at the site where it can be easily seen by the workers at all times. In conducting an investigation, including those of complaint of alleged violations, all statements written or oral made by an employee will be treated as confidential and shall not be disclosed to the employer without the consent of the employee. 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. ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services, at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from, the Contract Documents, or should the bidder be in doubt as to their meaning, the bidder should at once notify the Fort Worth Water Department Engineering Services, in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. 7. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 8. NONRESIDENT BIDDERS: Pursuant to Article 6018, Texas Revised Civil Statues, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower that the lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has a place of business in 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. A- 5 9. PAYMENT: If the bid amount is less than $25,000, the contract amount shall be paid in one (1) lump sum upon completion and acceptance by the City of Fort Worth Water Department. 10. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, the Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or sub contractors, while engaged in performing this contract, shall in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. The 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 on a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of the contract. 11. DISABILITY: In accordance with provisions of the Americans with Disabilities Act of 1990 ("ADA"), the 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 the availability, terms and/or conditions of employment for applicants for employment with, or employees of the Contractor or any of its subcontractors. The Contract warrants it will fully comply with ADA's provision and any other applicable federal, state, and local laws concerning disability and will defend, indemnify and hold harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this contract. 12. M/WBE. In accord with the City of Fort Worth Ordinance No. 11923, the City of Fort Worth has Goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with your bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render your bid non-responsive. In addition, the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) City business days after the bid opening. Failure to comply shall render your bid non-responsive. 13. SALES TAX: Refer to the SUPPLEMENTARY CONDITIONS 14. TRENCH SAFETY SYSTEM: The Bidder acknowledges by the submission of his bid that he is solely responsible for the trench safety system not withstanding any other provisions of the Contract Documents. A - 6 The Owner may consider the safety record of Bidders and proposed subcontractors. Owner . reserves the right to reject the Bid of any Bidder who does not meet any such evaluation to Owner's satisfaction. 15. PRE-BID CONFERENCE: The pre-bid conference is for bidding Contractors. The pre-bid • conference will also be open to subcontractors and material suppliers; however, if any subcontractor or material supplier have any questions requiring an interpretation of the plans and specifications, such questions shall be presented in the conference through a bidding (prime) Contractor. During the conference, requests for interpretations will be limited to bidding Contractors only; subcontractors and material suppliers will not be permitted the privilege of the floor for the presentation of questions. The pre-bid conference will be held as noted in PART A— NOTICE TO BIDDERS. , 16. PROPRIETARY REFERENCE: Wherever in the plans and/or specifications, equipment, materials, or other items are specified or referred to by a manufacturer's trade.name, number of other designation, said specifications or reference shall be intended as a guide only as to the type or quality of such items to be furnished and/or installed and shall not be interpreted to be the specific equipment, material or item to be furnished. Exception, if the terms "No Equal" are specifically noted on the plans or specifications. 17. MULTIPLE CONTRACTS: There will be multiple (2) contracts implemented for this Project. A. General Construction Contract (GC) —see description below. B. Turbine Generator Equipment and Installation Contract (TC) — see description below. 18. GENERAL CONSTRUCTION CONTRACT (GC) A. Work in the General Construction Contract includes, but is not limited to, the following: 1. Site preparation, including clearing, building demolition and relocations, and earthwork. 2. Removal and disposal of existing machinery. 3. Site improvements, including roadways, parking lots, pedestrian paving, site development furnishings and equipment, and landscaping. 4. Trenches for site utilities. 5. Selective demolition. 6. Foundations, including footings, foundation walls, and piles. 7. Slabs-on-grade, including earthwork, subdrainage systems, and insulation. 8. Below-grade building construction, including excavation, backfill, and thermal and moisture protection. 9. Exterior closure, including walls, doors, windows and louvers. 10. Roofing, including repair, coverings, flashings and openings. 11. Interior construction, including partitions, doors, interior windows, and fittings. 12. Fire-protection specialties. 13. Stairs, including railings and finishes. 14. Interior finishes. 15. Equipment indicated on drawings. 16. Furnishings indicated on drawings. A- 7 17. Special construction indicated on drawings. 18. Mechanical/Piping systems indicated on drawings. 19. Electrical/Instrumentation systems indicated on drawings. 20. Furnish, install, commission and test new medium voltage electrical system. B. Temporary facilities and controls in the General Construction Contract include, but are not limited to, the following: 1. Temporary facilities and controls that are not otherwise specifically assigned to the Turbine Generator Equipment and Installation Contract. 19, TURBINE GENERATOR EQUIPMENT AND INSTALLATION CONTRACT (TC) A. The work in the TC includes, but is not limited to, the following broad categories: 1. Furnish, install, commission and test two (2) new nominal 5.2 MWe industrial gas turbine/generator sets. 2. Furnish, install, commission and test two (2) new nominal 2000 scfm high-pressure gas compressor sets. 3. Furnish, install, commission and test two (2) new turbine exhaust gas heat recovery units. 4. Furnish, install, commission and test new medium voltage electrical system. 5. Mechanical/Piping systems indicated on drawings. 6. Electrical/Instrumentation systems indicated on drawings. B. Acceptable Contractors. 1. Due to the magnitude, complexity and special nature of the equipment, the turbine/generator equipment and installation contractor shall be limited only to a prime manufacturer of industrial gas turbine equipment whose products have been in satisfactory use in similar service for not less than twenty-five years or in comparable continuous duty service with a total combined operating experience of 500,000 hours. 2. Turbine/generator equipment and installation contractors shall be by one of the following: a. Solar Turbines, Inc. b. Rolls-Royce Energy Systems, Inc. C. General Electric, Inc. 3. Other individual gas turbine manufacturers may be considered for the TC contract if pre-qualification information is received by Multatech Engineering no less than twenty-one (21) days before the bid date. C. Alternate Financing Option: 1. The City of Fort Worth (Owner) may elect to enter into a municipal lease financing agreement. The turbine/generator manufacturer shall provide this alternate financing option as part of the bid submittal. 2. The alternate financing agreement shall be based on the following terms: A- 8 ■ a) Maximum amount financed -- Value of TC contract bid b) Term -- 10 years C) Number of payments-- 108 d) Close date -- maximum of 3 months from date of TC contract e) First payment due -- 1 year from close date f) Funds transferred into escrow account at close date. g) Monthly draws from escrow account to fund construction cost. h) Interest credited to escrow account monthly. i) No pre-payment penalties. j) No residual value after last payment. k) Transfer of title to Owner after last payment (no fees owed by Owner for title transfer). 1) Meets all criteria of non-appropriation. m) No bond issuing restrictions on the Owner. D. Total Maintenance Contract: 1. The City of Fort Worth (Owner) will enter into a total maintenance program for the following equipment: a. Gas turbine generator systems including all auxiliary equipment, controls and instrumentation. b. High pressure gas compressor systems including all auxiliary equipment, controls and instrumentation. C. Heat recovery units including all auxiliary equipment, controls and instrumentation. E. Bid Evaluation. 1. The Turbine Generator Equipment and Installation Contract (TC) will be evaluated on a life cycle cost basis as set forth in Section 11382, Digester Gas Fueled Turbine Generators. F. State of Texas Air Discharge Permit. 1. The City of Fort Worth has applied for and received an air discharge permit for operating two (2) nominal 5.2 MWe industrial gas turbines. A copy of the permit is attached as Appendix A to Section 11382, Digester Gas Fueled Turbine Generators. "20. STATE REVOLVING FUNDS Upon notification of tentative status as apparent low or responsive bidder. Contractor shall submit ED-103 and ED-904 Forms." A- 9 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 PART B BID FORMS TABLE OF CONTENTS PROPOSALS: General Construction Contract GCP 1 - 5 Turbine Equipment Contract TCP 1 —7 Vendor Compliance to State Law B-1 Contractor Compliance to State Law B-2 APPENDIX A— Prequalification Forms APPENDIX B - M/WBE Bid Specifications (Paper Goldenrod) APPENDIX C—Workman's Compensation Insurance Coverage PART B — B - 1 Addendum No. 2— Page 1 of 1 JAN-25 00 10:38 FROM:MULTATECH 817-877-4245 TO:817 640 8734 PAGE:14 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 PROPOSAL FOR GENERAL CONSTRUCTION CONTRACT (GC) (This proposal must not be removed from this book of Contract Documents.) Village Creek Wastewater Treatment Plant Digester Gas Fueled Turbine Generators DATE: February 3, 2000 TO: Bob Terrell, City Manager Fort Worth, Texas PROPOSAL FOR: The Furnishing of all materials, except materials specified to be fumished by the City, equipment and labor and all necessary appurtenances and incidental work to provide a ' complete and serviceable roject designated as: Digester Gas Fueled Turbine Generators Fort Worth Water Department Project No. PE 42-070420180110 Is General Construction Contract (GC) 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 work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond' Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. The undersigned Bidders propose to do the work within the time stated and for the following Base Bid Sums.- BASE ums:SASE BID S U.S. 1 A. GENERAL CONSTRUCTION CONTRACT �Z��j Q t9 p. OU B. ALLOWANCE FOR MISCELLANEOUS MODIFICATIONS TO PIPING/ELECTRICAL AND $50,000.00 INSTRUMENTATION SYSTEMS FOR ALTERNATE EQUIPMENT TOTAL GENERALCONSTRUCTIONCONTRACT (GC)BASE BID:7,NJ rJ%LLk01 ��YFiE 1t�n1D�� 1a6�`( 'TFldaspa ld dt4t 90Nher.o r�"AVT ----� U.S,oflil= $ F V4T 47 (AMOUNT SHALL BE SHOWN IN BOTH WORDS AND FIGURES. IN CASE OF DISCREPANCY THE AMOUNT SHOWN IN WORDS WILL GOVERN,) PART B—Page GCF 1 of 5 Addendum No. 2-• Page 1 of 14 ,TPN-25 00 10:38 FROM:MULTATECH 817-877-4245 T0:817 640 8734 PAGE:15 VCW1in1TP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 The undersigned Bidder shall list the following sub-contractors, or "SELF" if work is to be performed by Bidder's own forces, that are a part of this Total Base Bid. List only one sub- contractor for each category. Failure to list sub-contractors or to list more than one sub- contractor for each category may be cause for rejection of this proposal: PLUMBING SUB-CONTRACTOR MECHANICAL SUB-CONTRACTOR ELECTRICAL SUB-CONTRACTOR The undersigned Bidder agrees to begin construction within seven (7) calendar days after issue of the work order, and to complete the contract within Two Hundred Fifty-two (252) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner, The undersigned Bidder acknowledges receipt of the following addenda: Addendum No. ! Dated Addendum No, Z Dated 7a Addendum No. 3 Dated l Zp00 1 Addendum No. � Dated p�Ofl� The bid bond attached in the sum of: Five Percent of Bid Amount Dollars ($ ---------5Z---------) which is five percent (5%) of the Total Base Bid is to become the property of the Owner in the event the contract and bond are not executed within the time set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. The undersigned Bidder agrees that this bid shall be good and may not be withdrawn For a period of ENINETY (90) 1 Calendar days after the closing time for receiving bids. PART 6—Page GCP 2 of 5 Addendum No. 2—Page 2 of 14 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 Within ten (10) days after acceptance of this Proposal, the undersigned Bidder will execute the formal contract and will deliver an approved Performance Bond, Payment Bond and Maintenance Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid bond is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned Bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated .January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned Bidder assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency is either furnishing or referring employee applicants to the undersigned and are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The undersigned Bidder has included the following material with his bid: Vendor Compliance to State Law Contractors Compliance with Workers' Compensation Law Acceptable Bid Bond SRF Forms ED-103 and ED-104 Within five (5) business days after the bid opening as being low bidder, the undersigned Bidder agrees to furnish to Fort Worth Water Department Attachments 1A through 1C, documenting M/WBE participation in this Project. Include certification schedules for each M/WBE participant. In the event of the award of contract to the undersigned Bidder, the undersigned Bidder will furnish a Performance Bond and a Payment Bond and a Maintenance Bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract documents and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications. The undersigned Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. PART B—Page GCP 3 of 5 Addendum No�&—Page 3 of 14 5 00 10:39 FROM:MULTATECH 817-877-4245 TO:817 640 8734 PAGE:17 VCWVV F DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 The undersigned Bidder certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. Respectfully submitted, Archer Western Contractors, Ltd. Contractor SEAL: (If bid Is by a Corp.) By: Matthew Walsh Title: President 1170 W. Corporate Drive, Suite 109 Business Address Arlington, T% 76006 City, State, Zip Code 817/640-3898 Telephone 817/640-8734 Fax PART B—Page GCP 4 of 5 Addendum No. 2—Page 4 of 14 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 ATTENTION BIDDER: The following Check List contains items to be submitted with, before, or after written Bid Proposal: .. A. Submit the following Prequalification Documents seven (7) calendar days prior to Bid Opening: 1. Experience Record 2. Financial Statement 3. Equipment Schedule B. Submit with Bid: 1. Vendor Compliance to State Law 2. Contractor Compliance with Workers' Compensation Law 3. Acceptable Bond 4. SRF Forms ED-103 and ED-104 C. Submit five (5) business days after Bid Opening 1. MBE and WBE Utilization Form (Attach. 1A) 2. Prime Contractor Waiver Form (Attach. 1 B), if required 3. Good Faith Effort Form (Attach. 1C), if required D. Submit ten (10 business days after Award of Contract: 1. Executed contract documents with: a. Performance, Payment and Maintenance Bonds with original Power of Attorney b. Completed insurance forms including worker's compensation C. Signed proposals. d. Signed Contract (Section G) 2. Signed Letters of Intent or Contracts with MWBE firms listed on MWBE Attachment 1A END OF PROPOSAL PART B—Page GCP 5 of 5 Addendum No. 2—Page 5 of 14 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 m PROPOSAL FOR TURBINE GENERATOR EQUIPMENT AND INSTALLATION CONTRACT (TC) (This proposal must not be removed from this book of Contract Documents.) 1 Village Creek Wastewater Treatment Plant Digester Gas Fueled Turbine Generators DATE: TO: Bob Terrell, City Manager , Fort Worth, Texas PROPOSAL FOR: The Furnishing of all materials, except materials specified to be furnished by the City, equipment and labor and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: Digester Gas Fueled Turbine Generators ' Fort Worth Water Department Project No. PE 42-070420160110 • Turbine Generator Equipment and Installation Contract(TC) 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 work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the , Contract Documents for the performing and completing of the said work. The undersigned Bidders propose to do the work within the time stated and for the following Base Bid Sums: PART B—Page TCP 1 of 7 Addendum NOA Page 6 of 14 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 ALTERNATE BASE BID BID $U.S. $U.S. A. TURBINE GENERATOR EQUIPMENT COST 1. SPECIFIED EQUIPMENT Manufacturer and Model No. 2. ALTERNATE EQUIPMENT Manufacturer and Model No. is B. HIGH PRESSURE GAS COMPRESSOR EQUIPMENT COST 1. SPECIFIED EQUIPMENT Manufacturer and Model No. 2. ALTERNATE EQUIPMENT Manufacturer and Model No. C. HEAT RECOVERY EQUIPMENT COST 1. SPECIFIED EQUIPMENT Manufacturer and Model No. 2. ALTERNATE EQUIPMENT Manufacturer and Model No. PART B — Page TCP 2of7 Addendum NPage 7 of 14 D. INSTALLATION COST (ALL OTHER COSTS LESS A., B., & C. ABOVE) 1. SPECIFIED EQUIPMENT Manufacturer and Model No. 2. ALTERNATE EQUIPMENT ' Manufacturer and Model No. E. ALLOWANCE FOR GENERATOR ELECTRONIC RELAYING SYSTEM AND ELECTRONIC FEEDER RELAYING SYSTEM. $135,000.00 TOTAL TURBINE GENERATOR EQUIPMENT AND INSTALLATION CONTRACT (TC)BASE BID: U.S. Dollars $ (AMOUNT SHALL BE SHOWN IN BOTH WORDS AND FIGURES. IN CASE OF DISCREPANCY THE AMOUNT SHOWN IN WORDS WILL GOVERN.) w ALTERNATE FINANCING OPTION Interest Rate % Per annum Monthly multiplier(to determine monthly payment by multiplying amount financed by monthly multiplier). TOTAL MAINTENANCE PROGRAM Monthly rate, U.S. dollars, payable in advance for $ Per month year#1. Maximum Annual Increase. Year 2 - % of Year 1 Year 3 - % ofYear 2 % Year 4 - % of Year Year 5 - % of Year 4 Year 6 - % ofYear 5 % ' Year? - % of Year Year 8 - % ofYear 7 Year 9 - % of Year Year 10 - % of Year 9 % PART B— Page TCP 3 of 7 Addendum NO Page 2 The undersigned Bidder shall list the following sub-contractors, or "SELF" if work is to be performed by Bidder's own forces, that are a part of this Total Base Bid. List only one sub- contractor for each category. Failure to list sub-contractors or to list more than one sub- contractor for each category may be cause for rejection of this proposal: PLUMBING SUB-CONTRACTOR MECHANICAL SUB-CONTRACTOR ELECTRICAL SUB-CONTRACTOR The undersigned Bidder agrees to begin construction within seven (7) calendar days after issue of the work order, and to complete the contract within Two Hundred Fifty-two (252) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. The undersigned Bidder acknowledges receipt of the following addenda: i Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Date � f Addendum No. Dated i The bid bond attached in the sum of: Dollars ($ ) which is five percent (5%) of the Total Base Bid is to become the property of the Owner in the event the contract and bond are not executed within the time set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. The undersigned Bidder agrees that this bid shall be good and may not be withdrawn For a period of NINETY (90) Calendar days after the closing time for receiving bids. PART B— Page TCP 4 of 7 Addendum N45� Page 3 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 Within ten (10) days after acceptance of this Proposal, the undersigned Bidder will execute the formal contract and will deliver an approved Performance Bond, Payment Bond and ' Maintenance Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid bond is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered 1 within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned Bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned Bidder assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency is either furnishing or referring employee applicants to the undersigned and are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The undersigned Bidder has included the following material with his bid: Vendor Compliance to State Law Contractors Compliance with Workers' Compensation Law Acceptable Bid Bond SRF Forms ED-103 and ED-104 Equipment Schedule Within five (5) business days after the bid opening as being low bidder, the undersigned Bidder agrees to furnish to Fort Worth Water Department Attachments 1A through 1C, documenting ' M/WBE participation in this Project. Include certification schedules for each M/WBE participant. In the event of the award of contract to the undersigned Bidder, the undersigned Bidder will furnish a Performance Bond and a Payment Bond and a Maintenance Bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract documents and to guarantee payment of all lawful claims for labor performed and materials a furnished in the fulfillment of the contract. The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications. The undersigned Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. PART B—Page TCP 5 of 7 Addendum No&age 10 of 14 VCVW TP DIGESTER CTAS FUELED TURBINE GENERATORS MEI 96040 The undersigned Bidder certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. Respectfully submitted, Contractor SEAL: (If bid is by a Corp.) By: Title: Business Address City, State, Zip Code Telephone Fax PART B—Page TCP 6 of 7 Addendum Nq 2 Page 11 of 14 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 ATTENTION BIDDER ' The following Check List contains items to be submitted with, before, or after written Bid Proposal: A. Submit the following Prequalification Documents seven (7) calendar days prior to Bid Opening: 1. Experience Record 2. Financial Statement 3. Equipment Schedule B. Submit with Bid: 1. Vendor Compliance to State Law 2. Contractor Compliance with Workers' Compensation Law 3. Acceptable Bid Bond 4. SRF Forms ED-103 and ED-104 5. Equipment Submittals for Industrial Gas Turbine Generators, High Pressure Gas Compressor Sets, and Heat Recovery Units. C. Submit five (5) business days after Bid Opening: M/WBE Forms - N/A D. Submit ten (10 business days after Award of Contract: 1. Executed contract documents with: a. Performance, Payment and Maintenance Bonds with original Power of Attorney. b. Completed insurance forms including worker's compensation. C. Signed proposals. d. Signed Contract (Section G) END OF PROPOSAL PART B— Page TCP 7 of 7 Addendum NOA Page 12 of 14 JAN-25 00 10:43 FROM:MULTATECH 817-877-4245 TO:817 640 8734 PPAE:26 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 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 contractors 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 box in Section B. eidA. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. Non-resident vendors in Florida(give state) our principal place of business, are not required to underbid resident bidders. 0 B. Our principal places of business or corporate offices are in the State of Texas. k� BIDDER: Archer W _s ern Cont acto G- Ltd. BY: Matthew Walsh Company 1170 W_ Corggrate Dr. . #109 Signature: ;gV"& rA 7 ink nn_ TX 7{006 Title: President City State Zip (Please Print) THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL (Forms are examples only) PART 8 —Page B 1 Addendum No.2—Page 13 of 14 ,,,A.,"icin 617-877-4245 T0:817 640 8734 PAGE:27 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW (a) Contractor agrees to provide to the Owner(City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law, No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner (City). Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Number PE 42-070420160110. Archer Western Contractors, Ltd. CONTRACT-QR By: w a s President Title { February 3rd, 2000 1, Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Matthew Walsh , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and dead of Archer Western Contractors, fit*e purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of February 2000. ��PR\A��KEC Notary Public in and f r .��`�••'"va'��F�`'�� the State of Texas �O•�{aF Vgl''9 THIS FORM MUST 6E RETURNED WITH YOUR PROPOSAL (Forms are examples only) q�0, •'• ••'•.FXPI RES,.� � PART a — Page B 2 Addendum No. 2—Page 14 of 14 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 PART B - BID FORMS APPENDIX A PREQUALIFICATIONS FORMS ' VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 PART B - BID FORMS APPENDIX A PREQUALIFICATIONS FORMS TABLE OF CONTENTS 1. Experience Record PreQ — 2 2. Financial Statement PreQ — 3 and 4 3. Equipment Schedule PreQ — 5 Note: The forms above must be received by the Fort Worth Water Department seven (7) days prior to bid date to be considered a "Qualified Bidder." Mail to: S. Frank Crumb. P.E. Engineering Coordinator Fort Worth Water Department 1000 Throckmorton Fort Worth, Texas 76102 Include a transmittal letter with each submittal identifying this project name and number. PART B — PreQ Page 1 Addendum No. 2 —Page 1 of 1 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 , EXAMPLE EXPERIENCE RECORD List of Projects your Organization has successfully completed: w AMOUNT OF TYPE OF WORK DATE NAME AND ADDRESS OF CONTRACT AWARD ACCEPTED OWNER List of Projects your Organization is now engaged in completing: AMOUNT OF TYPE OF WORK ANTICIPATED DATE NAME AND ADDRESS OF CONTRACT AWARD OF COMPLETION OWNER List of Surety Bonds in Force on above Uncompleted Work: AMOUNT OF TYPE OF BOND AMOUNT NAME AND ADDRESS OF CONTRACT AWARD OF BOND SURETY r PART B— PreQ Page 2 1 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 EXAMPLE FINANCIAL STATEMENT Condition of Bidder at close of business month, , 2000. ASSETS , 1. Cash on hand $ In bank Elsewhere 2. Accounts receivable from completed contracts (exclusive of claims not approved for payment) r 3. Accounts receivable from other sources than above 4. Amounts earned on uncompleted contracts (not included in Item 3) (Contract price on completed portion of uncompleted contracts less total cost of completed portion) 5. Deposit for bids on other guarantees 6. Notes Receivable Past Due Due 90 days Due later 7. Interest earned B. Real Estate Business Property, present value Other property, present value 9. Stocks and Bonds, Listed on Exchange Unlisted 10. Equipment, machinery, fixtures ' Less depreciation 11. Other Assets • TOTAL ASSETS PART B— PreQ Page 3 VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 EXAMPLE LIABILITIES AND NET WORTH 1. Notes Payable to Banks Regular $ (For Certified Checks) Equipment Obligations Others $ 2. Accounts payable Current Past Due 3. Real Estate Mortgages 4. Other Liabilities 5. Reserves 6. Capital Stock Paid Up Common Preferred 7. Surplus TOTAL LIABILITIES $ PART B— PreQ Page 4 VCWVVTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 EXAMPLE EQUIPMENT SCHEDULE List of Equipment owned by bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contract including amount and type: Part B— PreQ Page 5 Addendum No. 2—Page 1 of 1 APPENDIX B M / WBE BID SPECIFICATIONS VCWWTP DIGESTER GAS FUELED TURBINE GENERATORS MEI 96040 PART B - BID FORMS APPENDIX B M/WBE BID SPECIFICATIONS TABLE OF CONTENTS APPENDIX B (Pages — Goldenrod) Pages 1. Special Instructions for Bidders 1 (City of Fort Worth M/WBE Enterprises Specifications 2. Attachment 1A— MBE and WBE Utilization Form 2 3. Attachment 1 B — Prime Contractor Waiver Form 1 4. Attachment 1 C — Good Faith Effort Form 3 5. Ordinance No. 11923 22 6. Ordinance No. 13471 17 PART B — M/WBE Page 1 Addendum N6 Page 1 of 1 City of Fort Worth Minority and Women Business Enterprises Specifications SPECIAL INSTRUCTIONS TO BIDDERS APPLICATION OF POLICY a MOe 0 o e oa s e Ica � o ollar al e c+s s 2 � oa s o app ca eME POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (MN BE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of MIWBE firms to a level comparable to the availability of qualified M/WBEs which provide goods and services directly or indirectly to the City: MIWBE PROJECT GOALS The City's MBE/WBE goal for this project is 31 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On the City contract of$25,000 or more, bidders are required to comply with the intent of the City's M/ BE Ordinance by either of the following: 1. Meet or exceed the above stated Minimum MIWBE goals, or 2. Good Faith Effort documentation, or, 3. Waiver documentation. SUBMISSION OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/ BE Utilization Form received by 5:00 PM,five (5) City business days after the bid opening date,exclusive of the bid opening date. 2. M/ BE Goals Waiver Form received by 5:00 PM,five(5) City business_daks; after the bid opening date,exclusive of the bid opening date. 3. M/WBE Good Faith Effort Form received by 5:00 PM,five(5) City business days after the bid opening date,exclusive of the bid opening date. TomO S D RR SP_O SI17O�P.E(i C Any question, please contact the M/WBE Office at(817-871-6104) a, Rev. 6/2/98 City of Fort Worth - Minority and Women Business Enterprises Specifications Affidavit Statement Project Name village Creek WWTP - Digester Gas Project No. pF_42-07o47n16011n Fueled Turbine Generators FAILURE TO SUBMIT THIS COMPLETED AFFIDAVIT STATEMENT WITH THE BID AT TIME OF BID OPENING, WILL RESULT IN THIS BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. The undersigned bidder hereby certifies that they will comply with the City's M/WBE _ Ordinance and the specifications of this bid in the following manner: [check the most appropriate number(s)) ` 1. X THE M/WBE PARTICIPATION WILL MEET OR EXCEED THE STATED GOAL, WILL COMPLETE THE MMBE UTILIZATION FORM. - 2. THE M/WBE PARTICIPATION WILL BE LESS THAN THE STATED GOAL, WILL COMPLETE "GOOD FAITH EFFORT FORM". 3. NO M/WBE PARTICIPATION, WILL COMPLETE "GOOD FAITH EFFORT". 4. NO SUBCONTRACT OR SUPPLIER OPPORTUNITIES AVAILABLE, WILL COMPLETE WAIVER FORM. Matthew Walsh `Auth rized Signatu a Printed Signature President Joe Lindeman/Texas Area Manager Title Contact Name and Title (if different) Archer Western Contractors, Ltd. 817/64n- 898 Company Name Contact Telephone Number(s) - 1170 W. Corporate Drive, Suite 109 • ,817/640-8734 Address Fax Number.y -` . n Arlington; T% 76006 January 27, 2000 City/State/ ip-Code Date _ Rev 3/6196 THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL (Forms are examples only) "" �' ATTACHMENT 1A PAGE 1 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION FORM Archer Western Contractors, Ltd. January 27,- 20W. „.,.PRIME COMPANY NAME _ BID DA Village Creek WWTP Digester Gas Fueled PEM —070420160110 PROJECT NAME Turbine Generators PROJECT NUMBER CITY'S MNVBE PROJECT GOAL 3)tyd MNVBE PERCENTAGE ACHIEVED 31, a/ Failure to complete this form, In Its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five (5) City business days after the bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing ` misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. a' e oto' .Name, Cei2ifled `peri `AII:Co -ding` 11'.1te`sato` e x . ;Dollar". mo`un Ip n e: o co e�of:WU 6:1 s° a Y 1 AN -N- -�,K NIIV1/lEs�rrust.be locatedin lrJine�caGrrl~y'riarketp11 race';or<currentlyVaoin�.bu"sTness in;the markefplace'at thetime°of.bid. :. " r+� W a d e aymen o e nme conn ctor ossu con ra or �consjdered`�1'� i a b a co 0 0. guPplien_-•-ns ae sp THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING,EXCLUSIVE OF BID OPENING DATEOPENING Rev.6/2/98 �' pages 1 and 2 of Attachment 1A must be received by the Managing Department t _ ATTACHMENT 1A h i PAGE 2 of 2 w , : City of Fort Worth Minority and Women Business Enterprise Specifications a e,' @_ A11 e' All�Tte s o3be - 01 ou o red m The bidder further agrees to provide, dire5tly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, irryp�luding MBE (s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/dMfiximination of any books, records and files held by their company that will substantiate the actual work performed by'tl4ef 0BE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing rpisre resentation of facts will be grounds for terminating the contract or debarment from City work for a period of not letsrtharythree (3)years and for initiating action under Federal, State or Local laws concerning false statements. Any fail4re .to Arfrply v4th this ordinance and creates a material breach of contract may result in a determination of an irrespotsit)Je offeror and barred from participating in City work for a period of time not less than one(1)year. ,A ts E MUST BE CERTIFIED BY THE CITY BEFORI ANT CT AWARD ;I Mattbrew Walsh Authorized St6nAtViV 'Printed Signature Presi.denrt Joe Lindeman/Texas Area Manager Title i Contact Name and Title(if different) ' .. Archer Western Contractors, Ltd. 81.7/640-3898 _Company Name`_ Telephone Number(a) z n„r.- 1170 TAT.` Corporate Drive; Suite .109 817/640-8734 - •Y-` �' Address FaNumber:,x . ...'_. ... .. - .. T - _ s ./kr�.7L1 t- 1� T% f6L'}�Dfi .�- `...� ..•a:. n^JaTivapp27'...-'2000 . a. _ ... .� •yam.:-..�.:.: c ityistate p Code _ '_Date - .. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m�FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING,EXCLUSIVE OF BID OPENING DATEOPENING .w F; Rev.6/2198 jjtr:Pages 1 and 2 of Attachment 1A must be reeelved by the MaAagl.ig Department City of Fort Worth Minority and Women Business Enterprises Specifications MBE/WBE Utilization Form Company Name/Contact Name Certified Specify All Contracting Specify All Items to be Tier Dollar Address and Telephone N NCTRCA [TXDOT Scope of Work Supplied Amount Rebar Services/Supply NCTRCA Reinforcing Steel First $ 9,000.00 PO Box 40584 and Welded Wire Fort Worth,Texas 76140 Fabric 817-483-4603 Attn:Johnnie Thompson Texoma Industrial Insulation NCTRCA Pipe Insulation per Pipe Insulation per First $ 39,622.00 PO Box 497 Specification Section Specification Section Denison,Texas 75020 15084 15084 903-463-1676 Furnish&Installed Furnish&Installed Ann:Juan Lamas Garland Heating&Air Conditioning NCTRCA Heating and Air Heating and Air First $ 64,317.00 2113 South Garland Ave. Conditioning Conditioning Garland,Texas 75041 Furnish&Installed Furnish&Installed 972-278-3506 Attn:Louis Harper North Texas Trucking NCTRCA Trucking and Haul Off First $ 6,800.00 PO Box 542842 of Demolished Items Dallas,Texas 75354 214-674-2817 Ann:David Davila Lockett Enterprises NCTRCA Electrical Electrical Second $ 250,480.00 3813 Quiveria Circle Switchgear Switchgear R Carrollton,Texas 75007 Furnish Only Furnish Only 972-399-8844 Attn:Rodney Lockett Lockett Enterprises NCTRCA Light Fixtures Light Fixtures Second $ 16,513.00 3813 Quiveria Circle Wire,Cable&Term Kits Wire,Cable&Term Kits $ 67,540.00 Carrollton,Texas 75007 Misc Electrical Mat'I Misc Electrical Mat'I $ 89,850.00 972-399-8844 Attn:Rodney Lockett North Texas Cherokee Co NCTRCA Pipe,Valves&Fittings Pipe,Valves&Fittings First $ 40,000.00 9966 Monroe Drive Dallas,Texas 75220 214-654-0022 Attn:Bruce Cannon Furnish Only Furnish Only W-T Hawkins&Associates NCTRCA Pumps, Heat Exchangers Pumps, Heat Exchangers First $ 148,100.00 2801 Winterplace Circle Air Dryers and Filters Air Dryers and Filters Plano,Texas 75075 Expansion Joints, Expansion Joints, 972-867-5410 Control Valves Control Valves Pressure Gauges and Pressure Gauges and Strainers Strainers Contract Amount GRAND TOTAL $ 732,222 without Allowance $2,340,190 PERCENTAGE 31.29% ATTACHMENT 1C Page 1 of 3 Ciof Fort Worth Minority and Women Business Enterprise Specifications GOOD FAITH EFFORT Prime Company Name Bid Date 3 Project Name Project Number If yod`,have failed to secure M/WBE Participation and you have subcontracting and/or supplier opportunities or if your r WN E'participation is less than the City's project goal,you must complefe this form: If the bidder's method of compliance with the MfWBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation ` the facts or intentional discrimination by the bidder. Failure to.complete this form in its;entirety with its supporting' documentation and�,be received by the Managing Department on or before 5:06.m. five(5) City business days4,.after bid'opening exry ciuse of the bid o enin._ `date`'will resulfin the bid beim considered non-res onsive to bidspecifications.- , 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (Use additional sheets, if necessary) List of Subcontracting List of : Supplier Opportunities Opportunities Rev 6/2/98 ATTACHMENT 1C Page 2 0f 3 2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The lisI.- considered in compliance, if it is not more than 3 months old from the date of the bid opening. Yes Date of Listing / / No 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to the bid opening by mail, exclusive of the day the bids are opened? Yes If yes, attach M/WBE mail listing to include name of firm and address and a No dated copy of the letter mailed. 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to the bid opening by telephone, exclusive of the day the bids are opened? Yes If yes, attach list to include name of M/WBE firm, person contacted No phone number and date and time of contact. Note: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach a fax confirmation, which is to provide M/WBE name, date, fax number and L '&o Umentation faxed. 1C lis_ of�MM/BENOW ��yy"s ten po� les`s` theib"id`dermust, contact theenbre list o e n{ ��M �'�. .igbY'+,,,�'+O :t �' nce th 4u t ons.3 and=4 If a SlC list of MMIBE is,more h M� O- the W deus sconta o thErds of�the list,;but.not less than.ten,to'..bb'in complianceAwith,questions 3 an4 ; :. kr,+ 6.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/V1/BEs? Yes No 6.) If the M/WBE bids were received and rejected, you must: (1) List the M?WBE firms and reason(s) for rejection (i.e. quotation not commercially reasonable, qualifications, etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below (i.e. letters, memos, bids, telephone calls, meetings, etc.) (Please use additional sheets,if necessary,and attach) Company Name Telephone Contact Person Scope of Work Reason for Rejection i� N� ADDITIONAL INFORMATION: Rev 6/2/98 • ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment therefore and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Contact Telephone Number.(s) Address Fax Number City/State/Zip Date Rev 6/2/98 ORDINANCE NO. 11923 REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES PREVIOUSLY ADJUSTED; ADOPTING AN ORDINANCE TO REMEDY THE UNDERUTILIZATION OF MINORITY AND WOMEN BUSINESSES, AND TO ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY BUSINESS ENTERPRISE, AND WOMEN BUSINESS ENTERPRISE FOR PURPOSE OF CERTIFICATION; REQUIRING MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PARTICIPANTS TO BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM WHICH THE CITY REGULARLY SOLICITS; ADOPTING THE U.S. SMALL BUSINESS ADMINISTRATION'S DEFINITION FOR A SIZE STANDARD; ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE SPECIFIC AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECIFIC GOALS; PROVIDING GENERALLY FOR THE PROCEDURES TO BE FOLLOWED IN THE BID/PROPOSAL PROCESS; REQUIRING BIDDERS TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS; ESTABLISHING WAIVER OF GOALS PROCEDURES; ALLOWING FOR DEBARMENT FOR MISREPRESENTATION OF FACTS AS IT RELATES TO COMPLIANCE; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council commissioned an Availability/Disparity Study (Study) conducted by Browne, Bortz & Coddington, Inc. (BBC) and a Public Hearing (Hearing) conducted by Carl Anderson, Esq., and found disparities in the utilization of minority and women business enterprises in contracts awarded by the City of Fort Worth (City); and WHEREAS, the Study and Hearing found that discrimination occurred in the major contracting areas (construction, purchasing, and professional services) of the City of Fort Worth and resulted in significant underutilization of minority and women business enterprises; and WHEREAS, minority and women business enterprises have had and continue to have difficulties in obtaining financing, bonding, credit, insurance, and assistance programs have not been effective in either remedying . the effects of underutilization in City contracting or in preventing ongoing underutilization; and WHEREAS, the Study and the Hearing determined that race-neutral alternatives for enhancing minority and women business enterprise contracting are not completely sufficient; and WHEREAS, the City has also been a passive participant in discriminatory behavior practiced by private industry within the relevant Marketplace in the award of contracts to minorities and women businesses, the purpose of this ordinance is to overcome the effects of this past underutilization and prevent any ongoing discrimination in the City's contracting processes; and WHEREAS, the provisions of this ordinance may increase the utilization of minority and women business enterprises in contracts awarded by the City of Fort Worth; and WHEREAS, the City Council now desires to provide a narrowly tailored remedy for past underutilization of minority and women businesses through the annual setting and defining of percentage goals for different categories of contracts, providing penalties for fraudulent misuse of this ordinance, requiring regular review of the necessity for the provisions of this ordinance, limiting those minority and women's business enterprises that participate under this ordinance to those that qualify and do business in the City's Marketplace, providing for post bid submission of required information about minority and women business enterprises and establishing waiver of goals procedures; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1. It is the policy of the City of Fort Worth to attempt to provide a remedy for past underutilization of qualified minority and women businesses and prevent ongoing underutilization of minority and women business enterprises in the City's contracting process by ensuring the full and equitable participation of minority and women business enterprises in the provision of goods and services to the City on a contractual basis in the manner identified in Attachment I of this ordinance. SECTION 2. The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the use of minority and women business enterprises above the present low M level to one more comparable to their availability in the Fort Worth Marketplace. The City Manager shall set an annual goal for MBE and WBE participation in City procurement activities, based upon the availability within the Marketplace. The initial goals, based upon availability, shall be thirteen percent ( 13%) for minority businesses and twelve percent (12%) for women businesses and shall be reviewed as provided for elsewhere herein. These goals are not quotas. SECTION 3. ■ The provisions of this ordinance shall apply to all contracts awarded by the City, except as may be hereafter specifically exempted, and shall be liberally construed for the accomplishment of its policies and purposes. Specific goals shall be established in the areas of construction, professional services and purchases of other goods and services. Goals may be set on individual projects based on the type of work or services to be performed, or goods to rbe acquired and the availability of minority and women businesses in the City's Marketplace. rSECTION 4. The provisions of this ordinance shall be considered in determining the responsiveness to specifications of offerors to the bid/proposal. The City shall consider the offeror's responsiveness ir -3- to this ordinance in the evaluation of bids/proposals and shall award contracts to the lowest responsible offeror meeting the specifications, inclusive of compliance to this minority and women business enterprise ordinance. SECTION 5. Debarment procedures shall be established for firms willfully misrepresenting the facts in compliance with this ordinance to the City. SECTION 6. Waiver procedures to the regulations established in this ordinance shall be provided for City procurement activities where a public calamity requires the emergency expenditure of funds; the purchase of goods or services from source(s) where subcontracting or supplier opportunities are nonexistent; where an economic risk or undue delay for the acquisition of goods or services will be imposed on the City, or when the availability of minority and women businesses is negligible. SECTION 7. s From and after the date this ordinance takes effect, it shall supersede all previous City Council Policies affecting minority and women business enterprise and disadvantage business enterprises. SECTION 8. The City Manager, with the advice and counsel of the Disadvantaged Business Enterprise Advisory Committee ("DBEAC") in accord with City of Fort Worth Resolution No. 1148, is hereby -4- authorized to establish, implement and administer regulations necessary to carry out the intent of this ordinance. SECTION 9. The City Council shall regularly, at least every three (3) years, determine whether there is a continuing need for a minority and women business enterprise program, make relevant findings, and, if �. necessary, repeal in whole or in part or enact appropriate amendments to this ordinance. SECTION 10. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11. This ordinance shall take effect and be in full force and effect from on and after June 1 , 1995 : provided, however, that this ordinance shall not affect any procurement activity where formal solicitation began before the effective date of this ordinance, and it is so ordained. -5- APPROVED AS TO FORM AND LEGALITY: City Attorney: Gary Steinberger, Assistant City Attorney Date Original Signed:, APRIL 19. 1995 Date Adopted by the City Council: APRIL 18. 1995 Date Effective: JUNE 1. 1995 ATTACHMENT I I_ DEFINITIONS : 1. "Bidder" means any person, firm, corporation, or partnership, which submits a bid or proposal to provide labor; goods or services to the City where City funds are expended. The term includes the term "Offeror" as well as offers received from providers of professional services. 2. " Certified " means those firms, within the Marketplace, that are certified 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. "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. 5 . "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". 6. "Contract Officer" means the person employed by the City to oversee the performance of the contract. 7. "Contracting Department" means the department responsible for payment of contract obligations. 8 . "Contractor" means the person, firm, corporation, or partnership with which the City has entered into an agreement. Includes the terms "Vendor" and "Prime Contractor". 9. "Coordinator" means the administrator of the MBE/WBE Office. 10. "Good Faith Effort" means having: absence of malice or any intentions to deceive; good intentions and sincerity to meet the goals of this ordinance. Documentation submitted by the bidders to explain why its good and honest efforts did not meet or exceed the stated MBE/WBE goals. Compliance with each of the following is required for a Good Faith Effort: -7- 10. 1 . List each and every subcontracting and/or supplier Opportunity for the completion of this project. 10.2. Obtain a current (less than two (2) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. 10.3. Attend the pre-bid conference, if scheduled by the City, and attempt to utilize M/WBEs that attended. 10.4. Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten days prior to bid opening by mail. 10.5. Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten days prior to bid opening by telephone. 10.6. Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten days prior to bid opening by advertisement in a local newspaper. 10.7. Provide plans and specifications or information regarding the location of plans and specification to M/WBEs. 10.8. Submit documentation if M/WBE bids were rejected on the basis of quotation not being commercially reasonable, qualifications, etc. Note: If a SIC code list of M/WBEs is five or less, the bidder must contact the entire list to be in compliance with 10.4 and 10.5. If a SIC code list of M/WBEs is more than five, the bidder must contact at least two-thirds of the list but not less than five to be in compliance with 10.4 and 10.5. Note: Bidders who continuously list the same M/WBEs when contact has previously been unsuccessful as result of disconnected numbers or returned mail, will not be deemed in compliance with the Good Faith Effort requirements. 11 . "Joint Venture" means an association of two or more persons or businesses to carry out a single business enterprise for Profit for which purpose they combine their property, capital, skills, knowledge and management in an agreed to proportionate share. -8- 12. "Marketplace" means the geographic market area represented by the Fort Worth/Dallas Consolidated Metropolitan Statistical Area. 13 , "Minority " means a citizen of the United States or lawfully admitted permanent resident that is Asian American, American Indian, Black or Hispanic. (A) "Minority Business Enterprise" is defined as a qualified business concern currently doing business and/or located in the Marketplace area meeting the following criteria: ( 1 ) which is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and (2) whose management and daily business operations are controlled by one or more minority persons who own it; and (3) meeting the size standards set forth by SBA. (B) "Procurement" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services. (C) "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. (D) "Project Manager" see Contract Officer. (E) "Purchasing" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services excluding construction and professional services previously defined. I'FF) " Qualified " means an individual or business entity having previously performed or received training in the work, industry or profession required. (G) " Size Standard" is the average annual gross receipts for a company and its affiliates for the previous three (3) fiscal years which must not exceed the amounts as defined by the United States Small Business Administration's (SBA) standard industry classification (sic) codes. These codes are outlined in the most recent edition of SBA 49 CFR 23 .62, Appendix B and 13 CFR 121 .401 -407 and 601 . -9- (H) " Subcontract" means an agreement between the contractor and another business entity for the performance of work. (I) "Women Business Enterprise" is defined as a qualified business concern currently doing business and/or located in the Marketplace area meeting the following criteria: r ( 1 ) which is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more women; and (2) whose management and daily business operations are controlled by one or more women who own it, and (3) meeting the size standards set forth by SBA. - II. PROGRAM GOALS y (A) Citywide goals for the utilization of minority business enterprises (MBE) and women business enterprises (WBE) shall be reviewed annually by the City Council. ( 1 ) The City Manager shall, on or before October 31 of each year, beginning October 31 , 1996, conduct an analysis of the availability of MBEs and WBEs and present to the City Council an annual report on MBE and WBE availability and utilization. Based on r availability of MBE/WBEs in the Marketplace and the City's most recent goals attainment and with the advice and counsel of the DBEAC, the City Manager shall recommend to the City Council - reasonable goals for the remainder of the current fiscal year.set goals for the remainder of the current fiscal year. (2) These goals shall be expressed in terms of percentages of the total dollar value of all contracts to be awarded by the City, and shall be established separately for all categories of construction professional services, and purchasing as well as any other categories that the City Council or City Manager deem appropriate. (B) Individual project goals shall be set by the M/WBE Office in collaboration with the Contract Officer and Risk Management (where appropriate) prior to solicitation. These project goals shall be reasonable and shall be based upon: ( 1 ) Specific subcontracting and/or materials opportunities required to complete the project, and -10- (2) The availability of MBE/WBE in the identified subcontracting and,`or materials opportunities in the Marketplace. (C) MBE/WBE participation shall be counted toward meeting MBE and WBE goals in accordance with the following provisions : ( 1 ) For the purpose of determining compliance with the goals requirements established in this ordinance, businesses will be counted as MBE and WBE only when they have been certified as such prior to award of the bid or proposal. (2) Any business(es) listed by an offeror, which is not certified prior to, award of bid proposal will have that amount of participation deducted from the total MBEIWBE utilization in order to determine the offeror's responsiveness. It is the responsibility of the offeror to secure additional certified or certifiable MBE/WBE participation before responsiveness to this ordinance is determined. (3) The offeror may count toward its MBE or WBE goals first and second tier MBE and WBE subcontractors and/or suppliers. (4) The offeror will be given credit toward the MBE/WBE contract goal only when the MBE or WBE performs a commercial useful function. An MBE or WBE is considered to perform a commercially useful function when: (a) it is responsible for the execution of a distinct element of the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and (b) when the firm receives due compensation as agreed upon for the work performed. (5) Regardless of whether an arrangement between the contractor and the MBEJPWBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the MBE/WBE or does not meet the commercially useful function requirement, the offeror shall receive no credit toward the goals. (6) An offeror may count toward its MBE or WBE goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of MBE or WBE -11- participation in the joint venture. The MBE or WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed, equal to a share in the ownership, control, knowledge, management, responsibility, risks, and profits of the joint-venture. (7) Except for joint ventures, all prime contractors, whether same is a majority firm, MBE or WBE, shall comply with this ordinance in order to be considered responsive. (8) The bidder may not count toward the goal any agreements with MBE or WBE that are not located within the Marketplace or otherwise do not meet the guidelines as set forth in this section. III. MBE AND WBE UTILIZATION REQUIREMENTS (A) In addition to the requirements set forth elsewhere, bid conditions and requests for proposals shall include a statement of both MBE and WBE goals established for the project. (B) Bid conditions, requests for proposals, and all other specifications for contracts to be awarded by the City shall require that offerors make a good faith effort to subcontract with or purchase supplies from MBE and WBE. Such specifications shall require the offeror to meet or exceed the stated goals or submit documentation of GFE for all contracts of $25,000 or more to permit a determination of compliance with the specifications. (C) Construction and Professional Services contracts and such other contracts which may be completed for under sealed proposal procedures (estimated cost of $25,000 or more) and Purchasing contracts (estimated cost of $ 15,000 or more) shall be awarded and administered in accordance with the following standards and procedures: (1) Competitive bids shall include the MBE and WBE specifications in the bid specifications. MBE and WBE specifications consist of the SPECIAL INSTRUCTIONS TO BIDDERS, AFFIDAVIT STATEMENT, MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and the GOOD FAITH EFFORT FORM. (a) The AFFIDAVIT STATEMENT shall be submitted with the bid on the bid opening date. (b) The MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR _ WAIVER FORM and/or the GOOD FAITH EFFORT FORM shall be submitted to the contracting department no later than 5:00 p.m., five (5) City business days after bid opening date. -12- , (c) An offeror that equal or exceeds the MBE and WBE project goals, must submit the MBE/WBE Utilization Form. (d) the PRIME CONTRACTOR WAIVER FORM shall be submitted with any bid that includes no subcontracting and/or supplier opportunities. If substantial subcontracting and/or substantial supplier opportunities arise in the performance of the contract awarded in the reliance on the PRIME CONTRACTOR WAIVER FORM, the contractor shall notify the City before subcontracts for the work and/or supplies are let and the contractor shall comply with the requirements of this ordinance. (e) GOOD FAITH DOCUMENTATION, including the GOOD FAITH EFFORT FORM, shall be submitted with any bid and/or proposal that fails to include MBE/WBE participation that equals or exceeds the MBE/WBE project Goals. (f) The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the MBE and WBE specifications, shall render the bid non-responsive. (2) Other that responses to Requests For Proposals for those professional services defined in Chapter 2254 of the Texas Government Code, responses to Requests for Proposals shall include a section which identifies the particular MBEs and/or WBEs to be utilized in performing the contract. (a) Specify as to MBEs and WBEs, the estimated percentage of the MBE and WBE participation, the type of work to be performed by the MBE or WBE, and such other information as may be reasonably required to determine the responsiveness to the Request for Proposal. (b) Responses that do not meet or exceed the MBE and WBE utilization goals, as required by the request for proposal, must submit a GFE explanation. Failure to include such GFE explanation shall render the response non-responsive. (3) Initial responses to requests for proposals for those professional services defined in Chapter 2254 of the Texas Government Code shall not include a response to the -13-