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HomeMy WebLinkAboutContract 26588 CITY SEC CON RACTNo Y SPECIAL CONTRACT DOCUMENTS FOR WOODVALE WATER EXTENSION WATER DEPARTMENT PROJECT NO. PW77-060770153220 051 %..4. T��3`10 sSt �l �:........M................... JEFFREY I-CAFFEY � ...a...........................� let 81896�. : �s BOB TERRELL CITY MANAGER 28 60 DALE A. FISSELER, P.E. DIRECTOR WATER DEPARTMENT A. DOUGLAS RADEMAKER, P.E. S. FRANK CRUMB, P.E. DIRECTOR ASSISTANT DIRECTOR DEPARTMENT OF ENGINEERING ENGINEERING & PLANNING WATER DEPARTMENT WATER DEPARTMENT I offlcc Dk WORD quo f��1 � MRAM City of Fort Worth, Texas and council C"n ar ommunication � DATE REFERENCE NUMBERLOG NAME E 2/27/01 C-18483 60RESCINDPAG1 of 1 SUBJECT TERMINATION OF A CONSTRUCTION CONTRACT WITH WHIZCON UTILITIES, INC. AND AWARD OF CONTRACT TO M. E. BURNS CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE WOODVALE WATER EXTENSION RECOMMENDATION: It is recommended that the City Council: 1. Terminate City Secretary Contract No. 26453 with Whizcon Utilities, Inc.; and y 2. Authorize the City Manager to execute a construction contract with M. E. Burns Construction, Inc. I for the Woodvale Water Extension in the amount of$314,812.40. DISCUSSION: On October 24, 2000 (M&C C-18314), the City Council approved a contract with Whizcon Utilities, Inc. in the amount of $358,320.75 for construction of a water main extension to serve the Woodvale Road area along the north shore of Lake Worth east of Mosque Point. Whizcon Utilities, Inc. has notified the City that it has ceased its operations and abandoned this contract. Because of the abandonment by Whizcon Utilities, Inc., staff has the option of making demand on the bonding company to complete the project or to negotiate a contract for the completion of the work. Negotiators will often allow for the work to be completed more quickly, rather than making formal demand on the bonding company. Staff met with the bonding company and negotiated a contract with M. E. Burns Construction, Inc. for completion of the work. The Engineering Department recommended M. E. Burns Construction, Inc. for the completion of the project. This award of contract will allow the project to be completed at no additional cost to the City. M. E. Burns Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 13% M/WBE participation on this project. The City's goal on this project is 13%. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) A"OVED Mike Grodmer 6140 C" COUNCIL Originating Department Head: r• FEB 87 2001 Dale Fisseler 8207 (from) P160 541200 060160151230 $314,812.40 /r"-"U m-,J Additional Information Contact: wry of the City of Fort WorM TWX" Dale Fisseler 8207 o / •�i � o W .. 11•i•. �'' 2� E t_ b s`. - 3a z= ° z m3��oa . F o o R a �a M � r \ '� W .. yx �., 7 �, 1p \ U1� ids J�\lY / Q utO;tY /,'•` zo Now O� o IQ I WWI 0�5 wl UiW", o /� pl�pstn•° 3 a 0 15 1 123 JtPtY, _- w� RF W J w w W n� _ h6x00 FMS Jcc a w a v z ¢ a a E w a ma �+zd Z��N �z SSG. # R�� d 55+00 i % bz w � 7 • _ n n 54+00i •d o w�,b�c5 0f m� � amino jE pZ a LY Va wONI''rN 00 3w�Fa ff4 \ `t\ Gl 2Wma0 w^io � W n.r•rhnm..n.rtr.nv n..•rt,.irr c.i „ 318-2610 CITY OF FORT WORTH, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WOODVALE WATER EXTENSION TABLE OF CONTENTS Table of Contents PART A Notice to Bidders Special Instructions to Bidders PART B Proposal Minority and Women Business Enterprises Specifications (Including MWBE Ordinance)' PART C General Conditions PART CS Supplementary Conditions PART D Special Conditions PART E Technical Specifications 01001 -General Construction Requirements 01002 - Measurement and Payment 01010 -Construction Sequence Items 01301 -Contractor's Submittals 02220 - Flowable Fill 02778- Erosion Control Blankets 15106 - Pressure Reducing Valve PART F Bonds and Insurance PART G Contract APPENDIX A—STORM WATER POLLUTION PREVENTION PLAN APPENDIX B—PROJECT SIGN PART A NOTICE TO BIDDERS 318-2610 PART A- NOTICE TO BIDDERS Sealed proposals for the furnishing of all labor, materials, equipment and all necessary for construction of the Woodvale Water Extension, Water Department Project Number PW77- 060770153220, addressed to Mr. Bob Terrell, City Manager of City of Fort Worth, Texas, will be received until 1:30 a.m.on the date of the bid opening, at the Office of the Purchasing Manager,City of Fort Worth, located in the lower level of the Municipal Building, 1000 Throckmorton Street, Fort Worth,Texas 76102. The bids will be publicly opened and read aloud in the City Council Chambers at: 2:00 PM, August 31, 2000 Special Contract Documents, including plans and detailed specifications, have been prepared for this project and may be obtained from the office of Alan Plummer Associates, Inc., 7524 Mosier View Court, Suite 200, Fort Worth, Texas 76118. One set of documents will be provided to prospective bidders for thirty-five dollars ($35); such deposit will be refunded if the document is returned in good condition within 10 days after bids are opened. Additional sets may be purchased on a non-refundable basis for thirty-five dollars ($35) per set. General Contract Documents and Specifications for the Water Department projects, dated July 20, 1P 2000, with the latest revisions, also comprise a part of the Special Contract Documents for this project and may be obtained by paying a non-refundable fee of fifty dollars($50)for each set, at the Engineering Service Division Office of the Fort Worth Water Department, 1000 Throckmorton Street, Fort Worth,Texas 76102. Pre-qualification according to the Fort Worth Water Department Special Instructions to Bidders is required. A pre-bid conference will be held at 10 a.m., August 10, 2000, at the Eagle Mountain Water Treatment Plant Conference Room, 6801 Bowman Roberts Road, Fort Worth, Texas 76179. All bidders must be pre-qualified with the City of Fort Worth Water Department a minimum of seven(7) days prior to the bid opening. The City reserves the right to reject any and all Bids and waive any and all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the Bids are received. For additional information, please contact Jeff Caffey at Alan Plummer Associates, Inc., at (817) 284-2724. r Bob Terrell City Manager IF Gloria Pearson City Secretary Publication: July 27, 2000 August 3, 2000 IF A-1 SPECIAL INSTRUCTION TO BIDDERS (WATER DEPARTMENT) 1. PREQUALIFICATION REQUIREMENT: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This Prequalification Process will establish a bid limit based on 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 and any other documents the Department may deem necessary, to the Director of the Water Department at least seven(7) calendar days prior to the date of the opening of bids. (a) The financial statement required shall have been prepared by an independent certified public accountant or 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 of the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. (b) For an experience_record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. (c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. (d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. (e) The City, in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. (f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. (g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. -1- 3182610/Part A-spec instdoc 2. BID-SECURITY: A cashier's check or acceptable bidder's bond payable to the City of Fort Worth in an amount of not less than five percent(5 %) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10)the total capital and surplus. 3. BONDS: A performance bond, a payment. bond and a maintenance bond each for one hundred(100%)percent of the contract price will be required,Reference C 3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth,Texas and as set forth in the contract documents must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same _ amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the State in which the nonresident's principal place of business is located. Nonresident bidder means a bidder whose principal place of business is not in the State of Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. This provision does not apply if this contract involves Federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for 'the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-five(45) 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 -2- 3182610/Part A-spec_inst.doc contract, shall, in connection with the employment, advancement or discharge of employees in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan, or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors 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 the 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 Policy concerning age discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance 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. A copy of the Ordinance can be obtained 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 the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non-responsive. In addition, the bidder shall submit the MBE/WBE UTII,IZATION FORM, PRIME CONTRACTOR WAIVER FROM and/or the GOOD FAITH EFFORT FORM ("Documentation') as appropriate. The documentation must be received no later than 5:00 PM, five (5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non responsive. Upon request, Contractor agrees to- provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (]MBE and/or, a -3- 3182610/Part A-spx_instdoc 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 the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal state or local laws or ordinances relating to false statements. s„ Further, any such misrepresentation (other than a negligent 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. -4- 3182610/Part A-spec instdoc PART B PROPOSAL 318-2610 PART B - PROPOSAL (This proposal must not be removed from this book of Contract Documents.) TO: Mr. Bob Terrell City Manager Fort Worth, Texas PROPOSAL FOR: furnishing of all materials and equipment and labor and all necessary i appurtenances and incidental work to provide a complete and operable project designated as: Woodvale Water Extension Water Dept. Project No. PW77-060770153220 Pursuant to the foregoing Notice to Bidders, the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special documents and the 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 the 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. Contractor proposes to do the work within the time stated and for the following sums: B-1 318-2610 Item Approx. Description of Items with Unit Extended No. Quantity Bid Prices Written In Words Price Amount Bid BASE BID 1 141 LF Furnish and install 6-inch DIP water line in accordance with the drawings and specification, including clearing trees and brush, excavation, backfilling, fittings, detectable _ warning tape, concrete blocking, and accessories as specified or shown, complete in place for the sum of twenty Dollars and zero Cents per linear foot. $ 20.00 $ 2.820.00 2 1560 LF Furnish and install 8-inch water line in accordance with the drawings and specification,including clearing trees and brush, excavation, backfilling, boring, fittings, detectable warning tape, concrete blocking, and accessories as specified or shown, complete in place for the sum of twenty two Dollars and zero Cents per linear foot. $ 22.00 $ 34,320.00 3 4,860 LF Furnish and install 10-inch water line in accordance with the drawings and specification, including clearing trees and brush, excavation, backfilling, boring, fittings, detectable warning tape, concrete blocking, and accessories as specified or shown, complete in place for the sum of twenty four Dollars and zero Cents per linear foot. $ 24.00 $ 116,640.00 B-2 318-2610 Item Approx. Description of Items with Unit Extended No. Quantity Bid Prices Written In Words Price Amount Bid 4 160 LF Furnish and install 10-inch DIP restrained joint water line in accordance with the drawings and specification, including clearing trees and brush, excavation, backfilling, boring, fittings, detectable warning tape, concrete blocking, and accessories as specified or shown, complete in place for the sum of thirty four Dollars and zero Cents per linear foot. $ 34.00 $ 5.440.00 5 20 CY Provide excavation to depths greater than 6 feet as required to construct water line in accordance with the drawings and specification,complete in place for the sum of one hundred twenty five Dollars and zero Cents per cubic yard. $ 125.00 $ 2,500.00 6 100 LF Provide concrete encasement for all pipe sizes in accordance with the drawings and specification complete in place for the sum of twenty eight Dollars and zero Cents per linear foot. $ 28.00 $ 2,800.00 7 30 EA Furnish and install clay or flowable fill collars as specified or as shown, complete in place for the sum of two hundred Dollars and zero Cents per each. $ 200.00 $ 6,000.00 8 44 EA Furnish and install 1-inch pressure reducing valve in accordance with the drawings and specification, including excavation, backfilling, fittings, concrete blocking, and accessories as specified or shown, complete in place for the sum of seventy five Dollars and zero Cents per each. $ '5.00 $ 3,300.00 I' I� B-3 318-2610 Item Approx. Description of Items with Unit Extended No. Quantity Bid Prices Written In Words Price Amount Bid 9 9 EA Furnish and install 6-inch gate valve in accordance with the drawings and specification, including excavation, -� backfiliing, fittings, valve box, concrete blocking, and accessories as specified or shown, complete in place for the sum of five hundred fifty Dollars and zero Cents per each. $ 550.00 $ 4.950.00 10 2 EA Furnish and install 8 inch gate valve in accordance with the drawings and specification, including excavation, backfilling, fittings, valve box, joint restraint, and accessories as specified or shown,complete in place for the sum of six hundred fifty Dollars and zero Cents per each. $ 650.00 $ 1,300.00 11 11 EA Furnish and install 10 inch gate valve in accordance with the drawings and specification, including excavation, backfilling, fittings, valve box, joint restraint, and accessories as specified or shown,complete in place for the sum of eight hundred fifty Dollars and zero Cents per each. $ 850.00 $ 9,350.00 12 9 EA Furnish and install fire hydrants in accordance with the drawings and specification, including excavation, backfilling,fittings, concrete blocking, and accessories as specified or shown,complete in place for the sum of one thousand two hundred Dollars and zero Cents per each. $ 1,200.00 $ 10,800.00 13 0 LS Connect to existing 10-inch water line in accordance with the drawings and specification, including excavation, backfilling, fittings, detectable warning tape, joint restraint, and accessories as specified or shown, complete in place for the sum of zero Dollars and zero Cents per lump sum. $ 0.00 $ 0.00 B-4 318-2610 Item Approx. Description of Items with Unit Extended No. Quantity Bid Prices Written In Words Price Amount Bid 14 46 EA Provide and 'install 1-inch service tap onto main and route service line in accordance with the drawings and specification, including excavation, backfilling, fittings, corporation stop, and accessories as specified or shown, complete in place for the sum of five hundred Dollars and zero Cents per each. $ 500.00 $ 23,000.00 15 46 EA Provide and install single 1-inch meter box in accordance with the drawings and specification, including excavation, backfilling, fittings, and accessories as specified or shown, complete in place for the sum of eighty Dollars and zero Cents per each. $ 80.00 $ 3,680.00 16 44 EA Provide and install single 1-inch water meter for new service line in accordance with the drawings and specification, including excavation, backfilling, fittings, and accessories as specified or shown, complete in place for the sum of one hundred fifty Dollars and zero Cents per each. $ 150.00 $ 6,600.00 17 1,420 LF Repair asphalt paved surfaces removed by trenching for main, laterals and service lines in accordance with the drawings and specification, including backfill, compaction,asphalt,and accessories as specified or shown, complete in place for the sum of twenty one Dollars and zero Cents per linear foot. $ 21.00 $ 29.820.00 B-5 318-2610 Item Approx. Description of Items with Unit Extended No. Quantity Bid Prices Written In Words Price Amount Bid 18 100 LF Repair concrete paved surfaces removed by trenching for main, laterals and service lines in accordance with the drawings and specification, including backfill, compaction, concrete, and _ accessories as specified or shown, complete in place for the sum of forty- five Dollars and zero Cents per linear foot. $ 45.00 $ 4.500.00 19 50 CY Type "E" (1500 psi) concrete for miscellaneous placement, complete in place for the sum of one hundred twenty-five Dollars and zero Cents per cubic yard. $ 125.00 $ 6.250.00 20 50 CY Crushed limestone for miscellaneous placement, complete in place for the sum of twenty Dollars and zero Cents per cubic yard. $ 20.00 $ 1,000.00 21 8,073 LF Provide seeding and geotextile blanket for slopes less than 3:1, in accordance with the drawings and specifications, complete in place and anchored for the sum of one Dollars and seventy-five Cents per linear foot. $ 1.75 $ 14.127.75 22 200 LF Provide seeding and geotextile blanket for slopes greater than 3:1,in accordance with the drawings and specifications, complete in place and anchored for the sum of five Dollars and zero Cents per linear foot. $ 5.00 $ 1,000.00 23 1,230 SF Furnish and install sod around meter boxes, fire hydrants and over backfilled trenches located on managed or private lawns in accordance with the drawings and specification, complete in place for the sum of sum of one Dollar and zero Cents per square foot. $ 1.00 $ 1.230.00 B-6 318-2610 Item Approx. Description of Items with Unit Extended No. Quantity Bid Prices Written In Words Price Amount Bid 24 4.7 Tons Furnish and install DI, MJ fittings of various sizes and types, including excavation, backfilling, joint restraint and accessories as specified or shown, complete in place for the sum of two thousand four hundred Dollars and zero Cents per ton. $ 2,400.00 $ 11,280.00 25 6,513 LF For providing a pollution prevention system for stormwater discharge in accordance with the Specifications and the EPA regulations, and the assumption of the responsibility of said pollution prevention system, complete in place for the sum of one Dollar and zero Cents per linear foot. $ 1.00 $ 6.513.00 26 1,000 LF For providing a trench excavation safety protection system in accordance with the Specifications and OSHA regulations, and the assumption of the responsibility of said protection system, complete in place for the sum of one Dollar and zero Cents per linear foot. $ 1.00 $ 1.000.00 27 1,720 LF Provide surface cleanup and storm water pollution prevention for 1720 LF of 10"water main, installed under a previous contract, complete in place for the sum of One Dollars and Zero Cents per linear foot. $ 1.00 $ 1,720 28 1 LS Provide hydrostatic testing and disinfection for 1720 LF of 10" water main installed under a pervious contract, complete in place for the sum of Seven Hundred Dollars and Zero Cents. $ 700.00 $ 700.00 B-7 318-2610 Item Approx. Description of Items with Unit Extended No. Quantity Bid Prices Written In Words Price Amount Bid 29 3 EA Provide materials, labor and equipment necessary for repair of leaks in 1720 LF of 10° water main installed under a previous contract, complete in place for the sum of Seven Hundred Dollars and Zero Cents per each. $ 700.00 $ 2.100.00 TOTAL PROJECT BID: TOTAL AMOUNT BID FOR ITEMS (ITEMS 1-26)three hundred fourteen thousand seven hundred forty Dollars and seventy-five Cents. $ 314,740.75 The Bidder shall list the pipe materials(for example: 10 inch main, DR-14 C-900)and the name of the Fire Hydrant manufacturer he proposes to provide. Pipe materials and Fire hydrant manufacturer/model shall be on Fort Worth Water Department approved standard products list. PIPE MATERIALS ARE: (circle one for each size) 10" Pipe Class 51 DIP or DR-14 PVC C-900 8" Pipe Class 51 DIP or DR-14 PVC C-900 THE FIRE HYDRANT MANUFACTURER IS: Within ten 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 (5 percent)of the total amount bid is to become the property of the City of Fort Worth, Texas, in the event the contract and bonds are not executed and delivered within the time 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 July 21,2000,and all addenda thereto, 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. B-8 318-2610 The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, and 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. Construction shall be finally complete within 135 working days of issuance of work order. (Complete A or B below, as applicable:) _ A. The principal place of business of our company is in the State of Non-resident 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. Non-resident Bidders in the State of , our principal place of business are not / required to underbid resident Bidders. The principal place of business of our company or our parent company or majority holder is in the State of Texas. The bidder understands that the ENGINEER and OWNER will evaluate the qualifications of the bidder to perform the specified project and that, although obtaining pre-qualification from the Fort Worth Water Department is necessary to bid the project, it does not guarantee a favorable recommendation of award of a construction contract for this project. B-9 318-2610 Receipt is hereby acknowledged of the following addenda to the Contract Documents: Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received Respectfully submitted, Attested by: Signature Signature Marvin E. Burns, President Printed Name and Title Printed Name and Title ME Burns Construction Company Name 9024 Brooks Mailing Address 9024 Brooks Street Address Burleson, Texas 76028 City and State (817) 447-0292 / (817) 447-0207 (fax) Telephone Number Seal and Authorization (If Corporation) B-10 pm MINORITY AND WOMEN ENTERPRISES SPECIFICATIONS City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar',value of the contract is $25,000 or more, the M/WBE goal is applicable.: If the;total dollar: value of the contract is less than$25,000,the MfWBE goal is not applicable. - rPOLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minohty/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of MIWBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current rMinority and Women Business Enterprise Ordinance apply to this bid. MNVBE PROJECT GOALS The City's MBE/WBE goal on this project is 13 %of the base bid value of the contract. rCOMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form, if goal received by 5:00 p.m.,five(5)City business days after the is met or exceeded: bid opening date,exclusive of the bid opening date. 2. Good Faith Effort Form and M/WBE received by 5:00 p.m.,five(5)City business days after the Utilization Form, if participation is bid opening date,exclusive of the bid opening date. less than stated goal: 3. Good Faith Effort Form if no received by 5:00 p.m.,five(5)City business days after the participation: bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID)BEING - CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.` Any questions, please contact the M/WBE Office at(817)871-6104. r Rev.6/19/00 po ATTACHMENT 1A Page 1 of 2 city of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION ME Burns Construction A,ueust 31.2000 PRIME COMPANY NAME BID DATE Woodvale Water Extension PW77-06p770153220 PROJECT NAME PROJECT NUMBER CTTY'S M/WBE PROJECT GOAL: 13% M IIIE PERCENTAGE ACHIEVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(`) Supplied(") cr co O G m X U~ Z ~x X714 � � °I-FM 0 ,37 � 1-7 - (oS3 �rL&C'k S WP M/WBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. (') Specify all areas in wtdch.MWBE's are to be utilized and/or items to be supplied: (") A completefisting of items to be supplied Is required in order to receive credit toward the MfWBE goal. (—)Identify each Ter level. Tier,Means the level of subcontracting below the prime.contractodconsultant,.I.e.,a direct payment from the prime contractor to a subcontractor is considered 1.s tier,.a:payment by a subcontractor to its supplier is considered 2" tier: THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.612/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1i Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION - Company Name,Contact Name, 'Certified Specify AI'I Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work v x w F= Z �z The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bides The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company tha will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating th contract or debarment from City work for a period of not less than three (3)years and for initiating action under Federa State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a materia. breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1)year. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Authorized Signature Printed Signature. Title Contact Name and Title (if different) h °rte &X-1( 1�s CA�wS4y1kE'4,-m1.,31 C -?I`�- q q?- 2- Co pang Mame Telephone Number(s) Add Fax umber , 7Lj 2 City/State/Zip 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 THE BID OPENING DATE Rev.64V9— Pages 1 and 2 of Attachment 1A must be received by the Managing Department A ATTACHMENT 1B City of Fort Worth Page 1 of 1 Minority and Women BBusiness Enterprise Specifications Prime Contractor Waiver ME Burns Construction Woodvale Water Extension Prime Company Name Project Name Aunust 31. 2000 PW77-060770153220 Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of r. your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City.Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any *- failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1)year. Authorized Signature Printed Signature Title Contact Name (if different) Company Name Contact Telephone Number(s) Address Fax Number �* Rev.6/2/98 ATTACHMENT 1C Page 1 of 3 City of Fort Worth Minority and Women Business Enterprise GOOD FAITH EFFORT ME Burns Construction August 31.2000 Prime Company Name Bid Date Woodvale Water Extension PW77-060770153220 Project Name Project Number Iif you have failed to secure MiWBE participation and you have subcontracting and/or supplier opportunities or if your MMIBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by .the Managing Department on or before 5:00 p.m.five(5) City business days after bid opening,exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS)which will be used in the completion of this project, regardless of whether it is to be provided by a MfWBE or non-M/WBE. I' (Use additional sheets, if necessary) ►►► List of: Subcontracting Opportunities List of: Supplier Opportunities Rev.612198 ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current.list of MIWBE firms from the City's MIWBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of bid opening. Yes Date of Listing f 6 No 3.) Did you solicit bids from MIWBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes If yes, attach M/V116E mail listing to include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from MIWBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes If yes, attach list to include name of MIWBE firm, ep rson 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 the fax confirmation, which is to provide MIWBE name, date, time, fax number and documentation faxed. NOTE: If a SIC list of MIWBE is ten or less,the bidder must contact the entire list to be in compliance with questions 3 and 4. If a sic list of MIWBE is more than ten, the bidder must contact at least two-thirds of the list but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential MIWBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) If MIWBE bids were received and rejected,you must: (1) List the MIWBE firms and the reason(s)for rejection (i.e., quotation not commercially reasonable, qualifications,etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below(i.e.. letters, memos, bids,telephone calls, meetings, etc.) (Please use additional sheets,if necessary,and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Rev.612198 ATTACHMENT 1C Page 3of3 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 thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false - statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Telephone Number(s) Address Fax Number City/State/Zip Date Rev.6/2198 ORDINANCE NO. 13471 AN ORDINANCE AMENDING CITY OF FORT WORTH ORDINANCE NO. 11923 BY AMENDING SECTIONS 2, 3, AND AMENDING ATTACHMENT I; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1. Section 2 of City of Fort Worth Ordinance No. 11923 is hereby amended to read as follows: The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the use of minority and women business enterprises above the present low level to one more comparable to their availability in the Fort Worth Marketplace. The City Manager shall recommend an annual goal for MBE/WBE participation in City procurement activities, based upon the availability within the Marketplace. The goals, based upon availability, shall be thirteen percent (13%) for minority businesses and twelve percent (12%) for women businesses and shall be reviewed as provided for elsewhere herein. These goals are not quotas. PM SECTION 2. Section 3 of City of Fort Worth Ordinance No. 11923 is hereby amended to read as follows: The provisions of this ordinance shall apply to all contracts awarded by the �- City, except as may be hereafter specifically exempted. Where contracts involve the expenditure of federal or state funds, the state or federal policy related to MBE/WBE or DBE participation may take precedence over this ordinance. The provisions of this ordinance shall be liberally construed for the accomplishment of its policies and purposes. Specific goals shall be established in the areas of construction, professional services and op purchases of other goods and services. A goal may be set on individual projects based on the type of work or services to be performed, or goods to be acquired and the availability of minority and women businesses in the City's Marketplace. SECTION 3. Attachment I to City of Fort Worth Ordinance No. 11923 is hereby amended to read as follows: 1 City Council approved June 2, 1998 ATTACHMENTI I. DEFINITIONS 1. "Applicable Contract" means any contract of $25,000 or more for construction projects and professional services and $15,000 or more for purchase agreements, as well as any other contracts that the City Council or City Manager ` deem appropriate. 2. "Certified" means those firms, within the Marketplace, that have been determined to be a bonafide minority or women business enterprise by either the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TxDOT), highway division. In the event of denial of certification by either of these entities, the City reserves the right to grant its own certification for use in City contracts. 3. "City" means the City of Fort Worth, Texas. 4. "City business day" means Monday through Friday, inclusive, excluding legal holidays. Legal holidays shall be observed as prescribed by the City,Council for observance as follows: New Year's Day January 1 M. L. King, Jr. Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Fourth Friday in November Christmas Day December 25 When one of the above named holidays falls on a Saturday, the holiday shall be observed on the preceding Friday. When one of the above named holidays falls on a Sunday, the holiday shall be observed on the following Monday. 5. "Construction" means the erection, rehabilitation, alteration, conversion, extension, demolition, improvement, remodeling or repair to any real property, including streets, storm drains and facilities providing utility service owned by the City. 6. "Contract" means a binding agreement whereby the City either grants a privilege or is committed to expend or does expend its funds or other resources for or in connection with a) construction of any public improvement, and b) purchase of T any services (including professional services). The term includes "purchase order". 7. "Contract Officer" means the person employed by the City to oversee the performance of the contract. 8. "Contracting Department" means the department responsible for payment of contract obligations. 2 City Council approved June 2, 1998 9. "Contractor" means the Offeror with whom the City has entered into an agreement. Includes the terms "Vendor" and "Prime Contractor". 10."Coordinator" means the administrator of the MBENVBE Office. 11."Goal" means the percentage of minority business enterprise and/or women business enterprise participation on an applicable project as determined by the City, based on the availability of such businesses in the marketplace and the rsubcontracting/supplier opportunities of the project. 12."Good Faith Effort" means having absence of malice or any intentions to deceive, rgood intentions and sincerity to meet the goal of this ordinance. Documentation submitted by the Offeror to explain why its good and honest efforts did not meet or exceed the stated Goal. Compliance with each of the following steps shall satisfy the Good Faith Effort requirement absent proof of fraud, misrepresentation, or intentional discrimination by the Offeror: 12.1. List each and every subcontracting and/or supplier opportunity for the completion of this project. r12.2. Obtain a current (not more than three (3) months old from the bid open date) list of MBENVBE subcontractors and/or suppliers from the City's MBENVBE Office. 12.3. Solicit bids from MBENVBEs, 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 MBENVBEs, 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. rNote: A facsimile may be used to comply with either 12.3 or 12.4, but may not be used for both. r Note: If the list of MBE/WBEs for a particular subcontracting/supplier opportunity is ten or less, the Offeror must contact the entire list within such area of opportunity to be in compliance with 12.3 and 12.4. If the list of MBE/WBEs for a particular subcontracting/supplier opportunity is more than ten, the Offeror must contact at least two-thirds of the list within such area of opportunity, but not less than ten, to be in compliance with 12.3 and 12.4. 12.5. Provide plans and specifications or information regarding the location of plans and specification to MBENVBEs. 12.6. Submit affidavit and/or documentation if MBE/WBE bids were rejected on the basis of quotation not being commercially reasonable, qualifications, etc. Documents may be requested to be produced for an in camera inspection. Mp J 3 City Council approved June 2, 1998 13. "Joint Venture" means an association of two or more persons or businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, skills, knowledge and management in an agreed to In proportionate share. 14. "Managing Department" means the department responsible for overseeing the day to day completion of the contract. 15. "Manufacturer" means one that manufactures a product by hand or machinery suitable for uses; the process of making wares. 16. "Marketplace" means the geographic market area as defined in the Availability and Disparity Study represented by the counties of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. 17. "Minority" means a citizen of the United States or lawfully admitted permanent resident that is Asian American, American Indian, Black or Hispanic. 18. "Minority Business Enterprise" is defined as a qualified business concern located in the Marketplace or providing proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals, meeting the following criteria: a. which is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. whose management and daily business operations are controlled by one or more minority persons who own it. 19. "Offeror" means any person, firm, corporation, or partnership that submits a bid or proposal to provide labor, goods or services to the City where funds are expended. The term includes the term bidder and proposer. 20. "Procurement" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services. 21. "Professional Services" means services which require predominantly mental or intellectual labor and skills, includes, but is not necessarily limited to, architects, engineers, surveyors, doctors, attorneys, and accountants. 22. "Project Manager" see Contract Officer. 23. "Purchasing" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services excluding construction and professional services previously defined. 24. "Qualified" means an individual or business entity having previously performed or received training in the work, industry or profession required. 25. "Regular Dealer" is defined as a firm that owns, operates, or maintains a store, a warehouse, or other establishment in which the materials or supplies required 4 City Council approved June 2, 1998 , for the contract are bought, kept in stock, and are regularly sold retail or wholesale. 26. "Subcontract" means an agreement between the contractor and another business entity for the performance of work. 27. "Subcontract/Supplier Opportunity" means an area where there is more than one MBE or WBE subcontractor/supplier in the market place. 28. "Tier" means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2"d tier. 29. "Women Business Enterprise" is defined as a qualified business concern located in the Marketplace or provide proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals, meeting the following criteria: a. which is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more women; and b. whose management and daily business operations are controlled by one or more women who own it. II. PROGRAM GOAL A: A Citywide goal for the utilization of minority business enterprises (MBE) and women business enterprises (WBE) shall be reviewed and approved annually by the City Council. 1. The City Manager shall, on or before October 31 of each year, beginning October 31, 1996, conduct an analysis of the availability of MBEs and WBEs and present to the City Council an annual report on MBE/WBE availability and utilization. 2. Based on the availability of MBENVBEs in the Marketplace and the City's most recent goal attainment and with the advice and counsel of the MWBEAC, the City Manager shall recommend to the City Council a reasonable goal for the remainder of the current fiscal year. 3. The goal shall be expressed in terms of a percentage of the total dollar value of all applicable contracts awarded by the City. Goals shall be established separately for categories of construction, professional services, and purchasing as well as any other categories that the City Council or City Manager deems appropriate. B. Individual project goal shall be set by the MBE/WBE Office in collaboration with the Contract Officer and Risk Management (where appropriate) prior to solicitation. The project goal shall be reasonable and shall be based upon: 5 City Council approved June 2, 1998 1. Specific subcontracting and/or materials opportunities required to complete the project, and 2. The availability of MBE/WBE in the identified subcontracting and/or materials opportunities in the Marketplace. 111. COUNTING MBE/WBE PARTICIPATION A. MBE/WBE participation shall be counted toward meeting Goal in accordance with the following provisions: 1. For the purpose of determining compliance with the goal requirements established in this ordinance, businesses will be counted as MBE or WBE only when they have been certified as such prior to a recommendation for award being made to the City Council. a) Any business listed by an Offeror that is not certified at the time of bid/response opening must file an application for certification within a reasonable time for the City to consider the dollar amount towards meeting the goal. _ b) If a business described in the immediate subparagraph fails to submit an application for certification within a reasonable time, or if the business is denied certification, the Offeror shall be afforded five (5) City business days to secure additional certified/certifiable MBEM/BE participation, starting the next City business day following the day the written notification was received from the Managing Department. c) Evidence of the additional certified/certifiable MBE/WBE participation shall be delivered to and received by the Managing Department within five (5) City business days after the notification was received by the Offeror, exclusive of the date that the notification was received. 2. Except as provided for in paragraph 3 below, if the Offeror is ruled non- responsive to the requirements of this ordinance, the Managing Department will provide written notification to the Offeror stating the specific basis for the ruling. The Offeror may submit documentation that it will either meet or exceed the stated goal, and may be considered for an award of contract. .. 3. If the Offeror is ruled non-responsive solely for its failure to identify a subcontract/supplier opportunity and that opportunity is less than three (3%) percent of the total bid, the Offeror may submit documentation that an MBE/WBE will be utilized for that subcontract/supplier opportunity, and may be considered for an award of contract. 4. Documentation required under either paragraph A or B above must be received by the Managing Department within five (5) City business days, exclusive of the date that the Offeror was ruled non-responsive. If the documentation is not received within the stated time, the Offeror shall be deemed to have withdrawn its bid. The City will not communicate with another Offeror regarding award of the 6 City Council approved June 2, 1998 rcontract until five (5) City business days after the original offer has been ruled non-responsive. r5. The Offeror may count toward the goal any tier of MBE or WBE subcontractors and/or suppliers. It is the sole responsibility of the Offeror to report and document all subcontracting and/or supplier participation dollars counted towards the goal, irrespective of tier level. Failure to submit documentation as required in this subparagraph, shall entitle the City to withhold payments until compliance is rattained. 6. The Offeror will be given credit toward the goal only when the MBE or WBE rsubcontractor performs a commercially useful function. An MBE or WBE subcontractor is considered to have performed a commercially useful function when: a It is responsible for the execution of a distinct element of the work b actual) P Y Y ,PF 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. P_ 7, The Offeror will be given credit toward the MBE/WBE contract goal only when the MBE or WBE supplier performs a commercially useful function. A MBE or WBE supplier is considered to have performed a commercially useful function when the MBE/WBE supplier is a manufacturer or a regular dealer. 8. Regardless of whether an arrangement between the contractor and the MBE/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the MBE/WBE or does not meet the commercially useful function requirement, the Offeror shall receive no credit toward the goal. 9. An Offeror may count toward its goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of MBE or WBE participation in the joint venture. a) The Managing Department must receive the Joint Venture form from the Offeror within five (5) City business days after the date of bid/proposal opening, exclusive of the day of the bid/proposal opening, for certification by the MBE/WBE Office. b) The MBE or WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed, equal to a share in the ownership, control, knowledge, management, responsibility, risks, and profits of the joint-venture. B. Except for joint ventures, the prime contractor and any work performed by the prime contractor is not considered for determining compliance with this ordinance. 7 City Council approved June 2, 1998 C. The Offeror may not count toward the goal any agreement with a MBE or WBE that does not meet the requirements of this ordinance. IV. MBE/WBE UTILIZATION REQUIREMENTS A. In addition to the requirements set forth elsewhere, bid conditions and requests for proposals shall include a statement of the MBE/WBE goal established for the project. B. Bid conditions, requests for proposals, and all other specifications for applicable contracts to be awarded by the City shall require that offers make a good faith effort (GFE) to subcontract with or purchase supplies from MBE and/or WBE firms. Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable contracts to permit a determination of compliance with the specifications. C. Construction and Professional Services contracts and such other contracts which may be competed for under sealed proposal procedures (estimated cost of $25,000 r or more) and Purchasing contracts (estimated cost of $15,000 or more) shall be awarded and administered in accordance with the following standards and procedures: 1. Competitive bids for applicable contracts shall include the MBE/WBE specifications in the bid specifications. MBE/WBE specifications consist of the SPECIAL INSTRUCTIONS TO BIDDERS, MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM, and, if appropriate, the JOINT VENTURE FORM. a) Competitive bids that equal or exceed the project goal must submit the MBE/WBE UTILIZATION FORM. b) Competitive bids that do not have subcontracting and/or supplier # opportunities must submit the PRIME CONTRACTOR WAIVER FORM. I c) Competitive bids that have subcontracting and/or supplier opportunities but do not include MBE/WBE participation in an amount which equals or exceeds the project goal, must submit the MBE/WBE UTILIZATION FORM and the GOOD FAITH EFFORT FORM and documentation. d) Competitive bids that have subcontracting and/or supplier opportunities but do not include any MBE/WBE participation must submit the GOOD FAITH — EFFORT FORM and documentation. e) The Offeror shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The managing department must receive the Documentation no later than 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the Documentation. 8 City Council approved June 2, 1998 f) The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the MBE/WBE specifications, shall render the Offeror non-responsive. 2. Other than responses to Requests for Proposals for those professional services defined in Chapter 2254 of the Texas Government Code, responses to Request tw for Proposals shall include a section which identifies the particular MBE and/or WBE to be utilized in performing the contract. tw a) Specify as to MBE or WBE, the estimated percentage of the MBE or WBE participation, the type of work to be performed by the MBE or WBE, and such - other information as may reasonably be required to determine the responsiveness to the Request for Proposal. b) Responses that do not meet or exceed the utilization goal, as required by the Request for Proposal, must submit a GFE explanation. Failure to include such GFE explanation shall render the response non,-responsive. 3. Initial responses to requests for proposals for those professional services defined in Chapter 2254 of the Texas Government Code shall not include a response to the requirements of this ordinance. The City shall comply with the requirements of said Chapter and rank the professional on the basis of demonstrated competence and qualifications. During negotiating the contract with the highest �. ranked professional, the professional shall respond to this ordinance in the manner specified in paragraph 2(a) above. 4. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize MBE or WBE. The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. 5. The contracting department may request the MBE/WBE Office to waive the goal requirements of this subsection, or to reduce the amount of the goal, in accordance with the provisions of the Exceptions and Waivers section. D. The City Manager, with the advice and counsel of the MWBEAC in accord with City z of Fort Worth Resolution No. 1148, shall adopt regulations governing the purchase of goods and services under $15,000. V. POST-AWARD COMPLIANCE A. In addition to such other requirements as may be set forth elsewhere, the following shall apply to applicable contracts awarded by the City: T 1. Contracts shall incorporate this ordinance by reference, and shall provide that the contractor's violation of this ordinance shall constitute a breach of such contract and result in debarment in accord with the procedures outlined in this ordinance. 9 City Council approved June 2, 1998 2. From and after the date of bid opening, any proposed change or deletion in MBE/WBE participation identified in the bid, proposal or contract shall be reviewed by the MBE/WBE Office to determine whether such change or deletion is justified in accord with paragraphs 3 and 4 immediately below. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in this ordinance. -� 3. From and after the date of bid opening, the contractor shall: a) Make no unjustified changes or deletions in its MBE/WBE participation commitments submitted with the bids, proposal or during negotiations; b) If substantial subcontracting and/or substantial supplier opportunities arise during the term of any contract when the contractor represented in its bid to the City that it alone would perform the subcontracting/supplier opportunity work, the contractor shall notify the City before subcontracts for work and/or supplies are let and shall be required to comply with Article I, subsections 12.3 and 12.4 of this Attachment 1, exclusive of the time requirements stated in such subsections; c) Maintain records reasonably necessary for monitoring their compliance with the provisions of this ordinance; d) After the first payment and beginning with the second application for payment, submit required M/WBE Periodic Payment Reports, including proof of payment documentation, to the MBE/WBE Office. Further, upon request of the M/WBE Office, submit such other documentation as may be reasonably required to verify proof of payments. Failure to submit these reports and other requested information, if any, as required shall authorize the City to withhold payment from the contractor until compliance with this ordinance is attained. 4. The contractor shall submit to the MBE/WBE Office for approval a M/WBE REQUEST FOR APPROVAL OF CHANGE FORM if, during the term of any contract, a contractor wishes to change or delete one or more MBE or WBE subcontractor(s) or supplier(s). a) Within three (3) City business days after receipt by the MBE/WBE Office, exclusive of the date of receipt, the Request shall be reviewed. The Request shall be approved if the change or deletion is justified. The following shall constitute justification for the requested change or deletion: 1) A MBE or WBE's failure to provide workers' compensation insurance evidence as required by state law; or 2) A MBE or WBE's failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the contract documents with limits of coverage no greater than the lower of 1) the limits required of the contractor by the City; or 2) the limits contained in the contractor's standard subcontract or supply agreements used on other 10 City Council approved June 2, 1998 PP projects of similar size and scope and within the contractor's normal business practice with non MBE or WBE subcontractor's or suppliers; or op 3) A MBE or WBE's failure to execute the contractor's standard subcontract on form, if entering a subcontract is required by the contractor in its normal course of business, unless such failure is due to: FP L A change in the amount of the previously agreed to bid or scope of work; or ii. The contract presented provides for payment once a month or longer and the contractor is receiving payment from the City twice a month; or iii. Any limitation being placed on the ability of the MBE or WBE to report violations of this Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the contractor's surety company or insurance company. 4) An MBE or WBE defaults in the performance of the executed subcontract. In this event, the contractor shall: ap i. Request bids from all MBE and/or WBE subcontractors previously submitting bids for the work, ii. If reasonably practicable, request bids from previously non-bidding MBEs and WBEs, and iii. Provide to the M/WBE office documentation of compliance with (i) and (ii) above. 5) Any other reason found to be acceptable by the MBE/WBE Office in its sole discretion. NOTE: The contractor shall submit such documentation as may reasonably be requested by the MBE/WBE Office to support the contractor's request. The time between the request by the IVIBE/WBE ' Office for additional documentation and the delivery of such documentation shall not be included within the time period that the MBE/WBE Office is required to respond as stated in subparagraph (a) above. b) If the MBE/WBE Office approves the deletion of a MBE or WBE and replacement by a non-MBE or WBE, such approval shall constitute a post award waiver to the extent of the value of the deleted subcontract. c) If the MBE/WBE Office denies the request for change or deletion, the contractor may appeal the denial to the City Manager whose decision will be final. 11 City Council approved June 2, 1998 5. Whenever contract, amendments, change orders, or extra work orders are made individually or in the aggregate, the contractor shall comply with the provisions of this ordinance with respect to the alternates, amendments, change orders, or extra work orders. a) If the amendment, change order, or extra work affects the subcontract of an MBE or WBE, such MBE or WBE shall be given the opportunity to perform such amendment, change order or extra work. b) If the amendment, change order or extra work is not covered by any subcontractor performing like or similar work, and the amount of such amendment, change order or extra work exceeds ten percent (10%) of the original contract amount, the contractor shall comply with Article 1, subsections 12.3 and 12.4 of this Attachment 1 (exclusive of the time requirements stated therein) with respect to such amendment, change order, or extra work. 6. If the contractor in its bid included any second or lower tier subcontractor/supplier towards meeting the goal, it is the responsibility of the contractor to report and document all subcontracting and/or supplier participation dollars irrespective of tier level. Failure to comply with the City's request to provide the required documentation shall entitle the City to withhold payments (but only to the extent of the subcontractor's payments related to the MBE/WBE participation dollars which are not documented) and/or to reject future bids from the contractor until compliance with this ordinance is attained. 7. Upon completion of the contract and within ten (10) City business days after receipt of final payment from the City, exclusive of the date the contractor receives payment, the contractor shall provide the MBE/WBE Office with the M/WBE FINAL SUMMARY PAYMENT REPORT FORM to reflect the final participation of each subcontractor and/or supplier (including non-M/WBEs) used on the project. Failure to comply with the City's request to provide the required documentation shall entitle the City to reject future bids from the contractor until compliance with this ordinance is attained. 8. In the event a contractor is in non-compliance with either paragraph 6 or 7 above, and such non-compliance is solely the result of an act or omission by an MBE or WBE, the MBE/WBE Office shall consider such in determining what action, if any, to take. VI. EXCEPTIONS AND WAIVERS — A. If an Offeror is unable to comply with the goal requirements established in the Program Goal section of this ordinance, such Offeror shall submit one of the two _ forms listed below within the allotted time. 1. A Prime Contractor Waiver Form (Attachment 1 B) is submitted if the Offeror will perform the entire contract without subcontractors or suppliers. 2. A Good Faith Effort Form (Attachment 1C) is submitted if the Offeror has subcontracting and/or supplier opportunities but was unable to meet or exceed 12 City Council approved June 2, 1998 FM the project goal. The Offeror will submit requested documentation that demonstrates a good faith effort to comply with the goal requirements as In described in the Program Goal section above. B. A contracting department may request the MBE/WBE Office to waive or modify the goal requirements for MBE or WBE by submitting a Departmental Waiver Form, in writing, prior to solicitation of bids or proposals. The MBE/WBE Office may grant such a waiver or reduction upon determination that: 1. The reasonable and necessary requirements of the contract render subcontracting or other participation of business other than the Offeror infeasible; or 2. A public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or 3. Sufficient MBE/WBE providing the services required by the contract are unavailable in the marketplace of the project, despite attempts to locate them; or 4. The application of the provisions of this ordinance will impose an unwarranted risk on the City or unduly delay acquisition of the goods or services. C. Whenever the MBE/WBE Office denies a request to waive a goal, the contracting department may appeal that denial to the City Manager whose decision on the request shall be final. VII. PROGRAM ADMINISTRATION A. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, is authorized to establish and implement the regulations set forth in this ordinance. The MBE/WBE Office shall be responsible for the overall administration of the City's MBE/WBE Program, and its duties and responsibilities shall include: 1. Recommending rules and regulations to effectuate this ordinance; 2. Maintaining a current listing of certified MBE and WBE firms for distribution internally and externally on contracts; 3. Providing information and needed assistance to MBE/WBEs to increase their ability to compete effectively for the award of City contracts; 4. Investigating alleged violations of this ordinance and making written recommendations to appropriate City authorities for remedial action when appropriate; 5. Developing and distributing all necessary forms, applications, and documents necessary to comply with this ordinance; 6. Reviewing, on a regular basis, the progress of departments toward achieving the category goals for the utilization of minority and women business enterprises; �, 13 City Council approved June 2, 1998 7. Making recommendations to appropriate City staff regarding methods to further the policies and goals of this ordinance; 8. Determining MBE/WBE compliance on contracts before they are submitted to the City Council for award; 9. Maintaining accurate contract performance reporting system; and 10.Compiling a report reflecting the progress in attaining the City's annual goal, quarterly and annually. B. It shall be the responsibility of the contracting department to ensure that bids or proposals emanating from the department adhere to the procedures and provisions set forth in this ordinance. 1. The department director or designee shall assume primary responsibility for achieving the goals of this program and shall review, on a continuing basis, all aspects of the program's operations to assure that the purpose is being attained. 2. The contracting department shall take the following action to ensure that MBEs and WBEs have the maximum opportunity to participate on City contracts: a) A written notification shall be sent to minority and women trade associations, contractor's associations, and minority and women chambers of commerce about the availability of formally advertised contracting opportunities no less than 28 days before bids are due; s b) All applicable contract solicitations shall include the.requirements contained in this ordinance; c) All contracting opportunities shall be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for MBE/WBE; d) For construction and professional service contracts, establish procedures to ensure that all contractors' invoices are paid twice a month and that - subcontractors are paid within five (5) City business days after receipt of payment. A contractor's failure to make payments within five (5) City business days shall authorize the City to withhold future payments from the -- contractor until compliance with this ordinance is attained. e) Establish guidelines to ensure that a notice to proceed is not issued until -- signed letters of intent evidencing receipt by the MBE/WBE or executed agreements with the MBE/WBE have been submitted; f) Ensure that all required statistics and documentation are submitted to the MBE/WBE Office as requested; and g) If circumstances prevent the contracting department from meeting the 28-day advertising and notification requirements, the contracting department shall perform extensive outreach to MBE/WBE associations or other relevant organizations to inform them of the contracting opportunity. 14 City Council approved June 2, 1998 W FP VIII. CERTIFICATION The City will recognize MBE/WBE that are certified by the Texas Department of Transportation (TxDOT), highway division or the North Central Texas Regional Certification Agency (NCTRCA). In the event of denial of certification by either of these entities, the City reserves the right to grant its own certification for use in City contracts. IX. CONTRACT MONITORING, AND REPORTING A. The MBE/WBE Office shall monitor compliance with these requirements during the term of the contract. If it is determined that there is cause to believe that a contractor or subcontractor has failed to comply with any of the requirements of this ordinance, or the contract provisions pertaining to MBE/WBE utilization, the MBE/WBE Office shall notify the contracting department and the contractor. The MBE/WBE Office shall attempt to resolve the noncompliance through conciliation. If the noncompliance cannot be resolved, the Coordinator and the contracting department shall submit written recommendations to the City Manager or designee, and if the City Manager concurs with the findings, sanctions shall be imposed as stated in ordinance. B. Whenever the MBE/WBE Office finds, after investigation, that a contracting department has failed to comply with the provisions of this ordinance, a written finding specifying the nature of the noncompliance shall be transmitted to the �. contracting department, and the MBE/WBE Office shall attempt to resolve any noncompliance through conference and conciliation. Should such attempt fail to resolve the noncompliance, the Coordinator shall transmit a copy of the findings of noncompliance, with a statement that conciliation was attempted and failed, to the City Manager who shall take appropriate action to secure compliance. C. The MBE/WBE Office may require such reports, information, and documentation from contractors, offers, contracting agencies, and the head of any department, division, or office of the City of Fort Worth, as are reasonably necessary to determine compliance with the requirements, within ten (10) days after the notice of noncompliance. D. Contracting departments shall maintain accurate records for each contract awarded, including dollar value, the nature of the goods or services to be provided, the name of the contractor awarded the contract, the efforts it employed to solicit bids from PM MBE/WBE, identifying for each its dollar value, the nature of the goods or services provided, and the name of the subcontractor. E. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, shall submit an annual report to the City Council on the progress of the City toward the utilization goals established by this ordinance, together with an identification of problems and specific recommendations for improving the City's performance. r s.. 15 City Council approved June 2, 1998 X. DEBARMENT -� A. An Offeror who intentionally and/or knowingly misrepresents facts shall be determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than three (3) years. B. The failure of an Offeror to otherwise comply with this ordinance and which constitutes a material breach of contract as stated herein, may result in the Offeror being determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than one (1) year. C. The MBE/WBE Office will send a written statement of facts and a recommendation for debarment to the City Manager. The City Manager, after consultation with the Department of Law, will make the decision regarding debarment and send a certified notice to the Offeror. D. An Offeror that receives notification of debarment may appeal to an Appeal Board, hereinafter created, by giving written notice within ten (10) days from the date of receipt of the debarment notice, to the City Manager of its request for appeal. E. An Appeal Board, consisting of not less than three members appointed by the City Manager with the approval of the City Council, will meet within thirty (30) days from the date of receipt of the request for appeal of debarment, unless Offeror requests 4 PP 4 an extension of time. The Offeror will be notified of the meeting time and location. F. The Offeror will be afforded an opportunity to appear with Counsel if they so desire, submit documentary evidence, and confront any person that the City presents. G. The Appeal Board will render its decision not more than thirty (30) days of the hearing and send a certified notice to the Offeror. H. If the Appeal Board upholds the original debarment, the Offeror may appeal to the City Council within ten (10) days from the date of receipt of the Appeal Board's decision by giving written notice to the City Manager. I. The appeal will be placed on the City Council agenda within thirty (30) days from receipt of written notice, unless Offeror requests an extension in writing. J. From the date of notification of debarment and during the pendency of any appeal, the City will not consider offers from, award contracts to, renew or otherwise extend contracts with, or contract directly or indirectly through subcontracts with the Offeror pending the Appeal Board's decision. K. Any MBE or WBE subcontractor or supplier who intentionally and/or knowingly misrepresents facts or otherwise violates the provisions of this ordinance may be "^ determined to be irresponsible for a period of time not to exceed one (1) year, and if deemed irresponsible, such MBE or WBE shall not be included in calculating an Offeror's responsiveness. 16 City Council approved June 2, 1998 PW 401 XI. SEVERABILITY If any provision of this attachment or ordinance, the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, such invalidity shall not affect the other provisions of any other application of this attachment or ordinance which can be given effect without the invalid provision or application, and �. to this end, all the provisions of this attachment or ordinance are hereby declared to be severable. ,r.. 17 City Council approved June 2, 1998 ORDINANCE NO. REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES PREVIOUSLY ADOPTED; 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 FP WAIVER OF GOALS PROCEDURES; ALLOWING FOR DEBARMENT FOR r 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 3 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 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. y 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, said Attachment I being a part of this ordinance. -2- SECTION 2. The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the use of minority and women business enterprises above the present low level to one more comparable to their availability in -the Fort Worth Marketplace. The City Council 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 be acquired and the availability of minority and women businesses in the City's Marketplace. SECTION 4 . The provisions of this ordinance shall be considered in determining the responsiveness to specifications of offerors to the bid/proposal. The City shall consider the offeror's -3- responsiveness 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 S. 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 r businesses is negligible. SECTION 7. 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' r -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: v ity Att P�Date: 7/' , ? /?J— L ADOPTED : 4, 1 .? EFFECTIVE: ATTACHMENT I r 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 for which City funds are expended. The term includes "Offeror" as well as offers received from providers of professional services. 2 . "Certified" means those farms, 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 whom the City has entered into an agreement. Includes the terms "Vendor" and "Prime Contractor": w� 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 steps shall satisfy the Good Faith Effort requirement absent proof of fraud, misrepresentation, or intentional discrimination by the bidder: 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. y- 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 who is Asian-American, American Indian, Black or Hispanic. 14 . "Minority Business Enterprise" is defined as a qualified business concern located in the Marketplace or doing business in the Marketplace at the time of bid opening or during negotiations related to proposals meeting the following criteria: a. which is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. whose management and daily business operations are controlled by one or more minority persons who own it; and C. meeting the size standards set forth by SBA. 15. "Procurement" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services. 16 . "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. 17 . "Project Manager" see Contract Officer. 18 . "Purchasing" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services excluding construction and professional services previously defined. 19 . "Qualified" means an individual or business entity having previously performed or received training in the work, industry or profession required. 20 . "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- 21 . "Subcontract" means an agreement between the contractor and another business entity for the performance of work. 22 . "Women Business Enterprise'' is defined as a qualified business concern located in the Marketplace or doing business in the Marketplace at the time of competitive bid opening or during negotiations related to proposals meeting the following criteria: a. which is at least 51 percent owned by one ' or more women, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more - women; and b. whose 'management and daily business operations are controlled by one or more women who own it. C. meeting the size standards set forth by SBA. TI . PROGRAM GOALS F (A) City-vide goals for the utilization of minority business enterprises (MBE) and women business enterprises (WBE) shall be reviewed and approved annually by the City Council . (1) The City Manager shall, on or before October 31 of each year, beginning October 31, 1996, conduct an analysis of the F availability of MBEs and WBEs and present to the City Council an annual report on MBE and WBE availability and utilization. Based on the 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. T (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 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. r (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 w 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 MBE/WBE 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. commercially useful function. An MBE or WBE is considered to have performed a commercially useful function when: - a) it is responsible for the execution of a distinct element of the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and b) the firm receives due compensation as agreed• upon for the work performed. (5) Regardless of whether an arrangement between the contractor and the MBE/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the MBE/WBE or does not meet the commercially useful function requirement, the offeror shall receive no credit toward the 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 participa- tion 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 - -11- 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 be majority firms, 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 or requests for proposals. (C) Construction and Professional Services contracts and such other contracts which may be competed for under sealed - proposal procedures (estimated cost of $25, 000 or more) and Purchasing contracts (estimated cost of $15, 000 or more) shall be awarded and administered in accordance with the following standards and procedures: (1) Competitive bids 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 equals or exceeds the MBE and WBE project goals, shall submit the MBE/WBE UTILIZATION FORM. (d) The PRIME CONTRACTOR WAIVER FORD! shall be submitted with any bid that includes no subcontracting and/supplier opportunities. If substantial subcontracting and/or substantial supplier opportunities arise in the performance of a contract awarded in reliance on the PRIME CONTRACTOR WAIVER FORM, the contractor shall notify the City before subcontracts for 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 than 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 reasonably be 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 requirements of this ordinance. The City shall -13- comply with the requirements of said Chapter and rank the professional on the basis of demonstrated competence and qualifications. During negotiating the contract with the highest ranked professional, the professional shall respond to this ordinance in the _ manner specified in paragraph 2 (a) above. (4) The GOOD FAITH EFFORT documentation shall demonstrate the Offeror's commitment and honest efforts to utilize MBE p and WBE. The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid or appropriate proposal. Any willful misrepresentation of facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. R (5) The contracting department may request the MBE/WBE Office to waive the goal requirements of this subsection, or to reduce the amount of the goals, for either or both MBE/WBE, in accordance with the provisions of the Exceptions and Waivers section. (D) The City Manager, with the advice and counsel of the DBEAC in accord with City of Fort Worth Resolution No. 1148, shall adopt regulations governing the purchase of goods and services under $15, 000. (E) In addition to such other requirements as may be set forth elsewhere, the following shall apply to construction, profes- sional service, discretionary service, and applicable purchasing contracts awarded by the City: ( 1) Contracts shall incorporate this ordinance by reference, and shall provide that the failure of any bidder, contractor or subcontractor to comply with this ordinance shall be a material breach of contract. (2) During the term of any contract, any proposed change or deletion in MBE/WBE participation identified in the bid, proposal or contract shall be reviewed by the MBE/WBE Office to determine whether such change or deletion is justified in accord with the immediate following two (2) • paragraphs. Any unjustified change or deletion shall be a material breach of the contract. (3) Contracts shall require that during the term of the contract, the contractor shall: (a) Make no unjustified changes or deletions in its MBE and WBE participation commitments submitted with the bids, proposals or during negotiations; -14- (b) If substantial subcontracting and/or substantial supplier opportunities arise during the term of any contract that the contractor represented to the City that the contractor alone would perform required by the contract, the contractor shall " notify the City before subcontracts for work and/or supplies are let and shall be required to comply with the provisions of this ordinance; and (c) Maintain records reasonably necessary for monitor- ing their compliance with the provisions of this ordinance. (4) The contractor shall submit to the MBE/WBE Office for approval a REQUEST FOR APPROVAL OF CHANGE FORM if, during the term of any contract, a contractor wishes to change or delete one or more MBE and/or WBE subcontractor(s) . (a) Within three (3) business days after receipt by the MBE/WBE Office, the Request shall be reviewed. The Request shall be approved if the change or deletions is justified. The following shall constitute justification for the requested change or deletion: (1) an MBE or WBE's failure to provide workers' compensation insurance evidence as required by state law; or (2) an MBE or WBE's failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the contract documents with limits of coverage no greater than the lower of 1) the limits required of the contractor by the City; or 2) the limits contained in the contractor's standard subcontract or supply agreements used on other projects of similar size " and scope and within the contractor's normal business practice with non MBE or WBE subcontractor's or suppliers; or (3) an MBE or WBE's failure to execute the contractor's standard subcontract form in the amount of* the bid, if entering a subcontract is required by the contractor in its normal course of business; or (4) an MBE or WBE's default in the performance of the executed subcontract; and -15- (5) all MBE and WBE subcontractors previously submitting bids for the work are requested to bid on the work, and, if reasonably practicable due to time constraints, the contractor obtains bids from previously non- bidding MBEs and WBEs, and no MBE or WBE subcontractor submits the lowest bid. (b) If the MBE/WBE Office approves the deletion of an MBE or WBE and replacement by a non-MBE or WBE, such approval shall constitute a post award waiver to the extent of the value of the deleted subcontract. (c) "If the MBE/WBE Office denies the Request for Change or Deletion, the contractor may appeal the denial to the City Manager whose decision will be final. NOTE: The contractor shall submit such documentation as may reasonably be requested by the MBE/WBE Office to support the contractor's request. The time between the request by the MBE/WBE Office for additional documentation and the delivery of such documentation shall not be included within the time period that the MBE/WBE Office is required to respond. NOTE: Upon completion of the contract and within ten (10) days after receipt of final payment from the City, the contractor shall provide the MBE/WBE Office with documentation to reflect the final participation of each subcontractor and/or supplier used on the project, inclusive of MBEs and WBEs. (5) Whenever contract, amendments, change order, or extra work orders are made individually or in the aggregate, the contractor shall comply with the provisions of this ordinance with respect to the alternates, amendment, change orders, or extra work order. (a) If the amendment, change order, or extra work affects the subcontract of 'an MBE or WBE, such MBE or WBE shall be given the opportunity to perform such amendment, change order or extra work. (b) If the amendment, change order or extra work is not covered by any subcontract of like or similar work, is work not to be performed by the contractor,and the amount of such amendment, change order or extra work exceeds ten percent (10%) of the original contract amount, the contractor shall comply with -16- the provisions of this ordinance with respect to such amendment, change order, or extra work. IV. EXCEPTIONS AND WAIVERS (A) If a bidder is unable to comply with the goal requirements established in the Program Goals section of this ordinance, such bidder shall submit one of the two forms listed below within the allotted time. (1) A Prime Contractor Waiver Form (Attachment 1B) is submitted if the bidder will perform the entire contract without subcontractors or suppliers. (2) A Good Faith Effort Form (Attachment 1C) is submitted if the bidder has subcontracting and/or supplier opportunities but was unable to meet or exceed the project M/WBE goals. The bidder will submit requested documentation which demonstrates a good faith effort to comply with the goals requirements as described in the Program Goals section above. (B) A contracting department may request the MBE/WBE Office to waive or modify the goal requirements for MBE and/or WBE by submitting a Departmental Waiver Form in writing, prior to solicitation of bids or proposals. The MBE/WBE Office may grant such a waiver or reduction upon determination that: ( 1) The reasonable and necessary requirements of the contract render subcontracting or other participation of business other than the bidder or proposer infeasible; or (2) A public or administrative emergency exists which - requires the goods or services to be provided with unusual immediacy; or (3) Sufficient MBE and WBE providing the services required by the contract are unavailable in the market area of the project, despite attempts to locate them; or (4) The application of the provisions of this ordinance will impose an unwarranted risk on the City or unduly delay acquisition of the goods or services. (5) Whenever the MBE/WBE Office denies a request to waive a goal, the contracting department may appeal that denial to the City Manager whose decision on the request shall be final . -17- V. PROGRAM ADMINISTRATION (A) The City Manager, with the advice and counsel of the DBEAC in accord with City of Fort Worth Resolution No. 1148, is authorized to establish and implement the regulations set forth in this ordinance. The MBE/WBE Office shall be responsible for the overall administration of the City's MBE and WBE Program, and its duties and responsibilities shall include: - (1) Recommending rules and regulations to effectuate this ordinance; (2) Maintaining a current listing of certified WBE and MBE for-distribution internally and externally on contracts; (3) Providing information and needed assistance to MBE and WBE to increase their ability to compete effectively for the award of City contracts; (4) Investigating alleged violations of this ordinance and making written recommendations to appropriate City authorities for remedial action when appropriate; (5) Developing and distributing all necessary forms, applica- tions, and documents necessary to comply with this ordinance; (6) Reviewing, on a regular basis, the progress of depart- ments toward achieving the category goals for the utilization of minority and women's business enterprises; (7) Making recommendations to appropriate City staff regarding methods . to further the policies and goals of this ordinance; (8) Determining MBE/WBE compliance on contracts before they are submitted to the City Council for award; (9) Maintaining accurate contract performance reporting system; and (10) Compiling a report reflecting the progress in attaining the City's annual goals; quarterly and annually. (B) It shall be the responsibility of the contracting department to ensure that bids or proposals emanating from the department adhere to the procedures and provisions set forth in this ordinance. (1) The department director or designee shall assume primary responsibility for achieving the goals of this program -18- and shall review, on a continuing basis, all aspects of the program's operations to assure that the purpose is being attained. (2) The contracting department shall take the following action to ensure that MBEs and WBEs have the maximum opportunity to participate on City contracts: (a) The advertisements for formal bids required to be advertised according to statute shall appear in minority and women-targeted media, no less than 30 days before bids are due for specific contracting opportunities; (b) A written notification shall be sent to minority and women trade associations, contractor's associations, and minority and women chambers of • commerce about the availability of formally advertised contracting opportunities no less than 30 days before bids are due; w (c) All contract solicitations shall include the MBE and WBE policy; (d) All contracting opportunities shall be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for MBE and WBE; (e) For construction contracts, establish procedures to ensure that all contractors submitting correct invoices are paid twice a month and that subcontractors are paid in accord with the ,! subcontract within five (5) business days after receipt of payment; a contractor's failure to make payments within five (5) business days shall authorize the City to withhold future payments from the contractor until compliance with this ordinance is attained. (f) Establish guidelines to ensure that a notice to proceed is not issued until signed letters of intent or executed agreements with the MBE and WBE have been submitted; (g) Ensure that all required statistics and documenta- tion are submitted to the MBE/WBE office as requested; and (h) If circumstances prevent the contracting department from meeting the thirty-day advertising and notifi- cation requirements, the contracting department -19- shall perform extensive outreach to MBE and WBE associations or other relevant organizations to inform them of the contracting opportunity. VI. CERTIFICATION The City will recognize MBE and WBE that are certified by the Texas - Department of Transportation (TxDOT) , highway division, or the North Central Texas Regional Certification Agency (NCTRCA) . VII. CONTRACT MONITORING. REPORTING, AND COMPLIANCE (A) The MBE/WBE Office shall monitor compliance with these requirements during the term of the contract. If it is determined that there is cause to believe that a contractor or subcontractor has failed to comply with any of the require- ments of this ordinance, or the contract provisions pertaining to MBE and WBE utilization, the MBE/WBE Office shall notify the contracting department and the contractor. The MBE/WBE Office shall attempt to resolve the noncompliance through conciliation. If the noncompliance cannot be resolved, the Coordinator and the contracting department shall submit written recommendations to the City Manager or designee, and if the City Manager concurs with the findings, sanctions shall be imposed as stated in ordinance. (B) Whenever the MBE/WBE Office finds, after investigation, that a contracting department has failed to comply with the provisions of this ordinance, a written finding specifying the ` nature of the noncompliance shall be transmitted to the contracting department , and the MBE/WBE Office shall attempt to resolve any noncompliance through conference and conciliation. Should such attempt fail to resolve the noncompliance, the Coordinator shall transmit a copy of the findings of noncompliance, with a statement that conciliation was attempted and failed, to the City Manager who shall take appropriate action to secure compliance. (C) The MBE/WBE Office may require such reports, information, and documentation from contractors, bidders, contracting agencies, and the head of any department, division, or office of the City of Fort Worth, as are reasonably necessary to determine compliance with the requirements, within ten (10) days after the notice of noncompliance. (D) Contracting departments shall maintain accurate records for each contract awarded, including dollar value, the nature of the goods or services to be provided, the name of the contrac- tor awarded the contract, the efforts it employed to solicit bids from MBE and WBE, identifying for each its dollar value, -20- the nature of the goods or services provided, and the name of the subcontractor. (E) The City Manager, with the advice and counsel of the DBEAC in accord with City of Fort Worth Resolution No. 1148, shall submit an annual report to the City Council on the progress of the City toward the utilization goals established by this •• ordinance, together with an identification of problems and specific recommendations for improving the Cityls performance. VIII. DEBARMENT (A) The misrepresentation of facts (other than a negligent f misrepresentation) and/or the commission of fraud by an offeror will result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than three (3) years. (B) The MBE/WBE Office will send a written statement of facts and a recommendation for debarment to the City Manager. The City Manager, after consultation with the Department of Law, will make the decision regarding debarment and send a certified notice to the Offeror. (C) An offeror that receives notification of debarment may appeal to an Appeal Board, hereinafter created, by giving written notice within ten (10) days from the date of receipt of the debarment notice , to the City Manager of its request for appeal. (D) An Appeal Board, consisting of not less than three members appointed by the City Manager with the approval of the City IMP Council, will meet within thirty (30) days from the date of receipt of the request for appeal of debarment, unless Offeror requests an extension of time. The Offeror will be notified of the meeting time and location. (E) The Offeror will be afforded an opportunity to appear with ' Counsel if they so desire, submit documentary evidence, and confront any person the City presents. (F) The Appeal Board will render its decision not more than thirty ( 30) days of the hearing and send a certified notice to the Offeror. (G) If the Appeal Board upholds the original debarment, the Offeror may appeal to the City Council within ten (10) days from the date of receipt of the Appeal Board's decision by giving written notice to the City Manager. -21- (H) The appeal will be placed on the City Council agenda within thirty (30) days from receipt of written notice,- unless Offeror requests an extension in writing. (I) From the date of notification of debarment and during the pendency of any appeal, the City will not consider offers from, award contracts to, renew or 'otherwise extend contracts .� with, or contract directly or indirectly through subcontracts with the Offeror pending the Appeal Board's decision. IR. SEVERABILITY if any provision of this attachment or ordinance, the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, such invalidity shall not affect the other provisions of any other application of this attachment or ordinance which can be given effect without the invalid provision or application, and to this end, all the provisions of this attachment or ordinance are hereby declared to be severable. F