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Home My WebLink AboutContract 31317 CITY SECRETARY CONTRACT NO. Fo RT WORTH 1" ...,�,..,a.,,.._......._.,_..._....._.._...... -moi �� Y EXECUTED � COPY CITY OF FORT WORTH ALERT NOTIFICATION SYSTEM AT NORTH HOLLY AND SOUTH. HOLLY WATER TREATMENT PLANTS PROJECT NO. PW164-060164050001 05A03 : 19 RCVD SPECIFICATIONS AND CONTRACT DOCUMENTS OF .. S�c...• '''••. Boa *::.......... . .......... .. DENNEY R. HOWARD ................................� ,r, ; 60234 s �t��FI/CENS �O'v�� Prepared by: ; Chiang.,C Nyj, Y� Patel & Yerb Inc. CP&Y Project No. CFW0332 July 2004 ORIGINAL TABLE OF CONTENTS NOTICE TO BIDDERS PART A SPECIAL INSTRUCTIONS TO BIDDERS PART A PROPOSAL PART B MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS PART B GENERAL CONDITIONS PART C SUPPLEMENTARY CONDITIONS PART CS SPECIAL CONDITIONS PART D TECHNICAL SPECIFICATIONS PART E DIVISION 1 GENERAL REQUIREMENTS 01010 Summary of Work 01200 Project Meetings 01300 Submittals 01310 Construction Schedule 01370 Schedule of Values 01430 Operation and Maintenance Data 01500 Construction Temporary Facilities and Controls 01600 General Material and Equipment Stipulations 01640 Manufacturer's Services 01650 Testing, Adjusting, Balancing, Demonstration and Startup of Systems 01700 Contract Closeout 01710 Cleaning 01720 Project Record Documents 01740 Warranties and Bonds DIVISION 2 SITE WORK 02225 Flowable Fill DIVISION 16 ELECTRICAL 16010 Electrical General Provisions 16012 Identifications 16110 Raceways 16120 Conductors—600 V and Below 16130 Boxes 16170 Metal Framing 16723 Alert Notification System CERTIFICATE OF INSURANCE/ BONDS/ CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAWS PART F CONTRACT PART G CONSTRUCTION DETAILS PART H CFW0332 i ISSUE:0 CITY OF FORT WORTH ALERT NOTIFICATION SYSTEM 07/02/04 DRH TABLE OF CONTENTS PART A _J 1 NOTICE TO BIDDERS Sealed Proposals for the North and South Holly Water Treatment Plants (WTP) Alert Notification System, Water Department Project Number PW164-060164050001, addressed to Mr. Gray Jackson, City Manager, will be received until 01:30 p.m. on the- date hedate of the bid opening, at the Office of the Purchasing Division, located on 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: 02:00 p.m.,August 05, 2004 Special Contract Documents, including plans and detailed specifications, have been prepared for this project and may be obtained from Chiang, Patel and Yerby. Inc. located at 15100 Trinity Blvd. Suite 200, Fort Worth, Texas 76155 (PH: 817-354-0189). The documents will be available for a non-refundable fee of$150 per set. Prequalification according,to the Fort Worth Water Department Contract Specifications (as listed in Special Instructions to Bidders) is required. All bidders must submit prequalification documentation with the city of Fort Worth Water Department a minimum of seven(7) days prior to the bid opening. A pre-bid conference will be held at 10:00 A.M., Thursday, July 22, 2004, at the Fort Worth North Holly Training Room, 921 Fournier St., Fort Worth, TX. Attendance is not mandatory for prospective bidders. Representatives of the Owner and Engineer will be present to discuss the project. Engineer will transmit to all prospective bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. A site visit will be held after the per-bid conference. Contact Engineer no later than close of business on Tuesday, July 20, 2004, and provide list of attendees for the purpose of access to the Pre-bid Conference. The City reserves the right to reject any or all bids and waive any or all irregularities. No Bid may be withdrawn until the expiration of ninety (90) days from the date the Bids are opened. Gary Jackson City Manager Gloria Pearson City Secretary Publication Dates: July 08, 2004 July 15, 2004 i i SPECIAL INSTRUCTIONS TO BIDDERS (August 4,2003) 1. pREQUALIFICATION REQUIREMENTS. All contractors submitting bids, are required to be pre-qualified by the Fort Worth Water Department prior to submitting bids. This pre-qualification process will establish a bid limit based on technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable equipment schedule, names and addresses of each individual or business entity owning 10% or more of the bidding entity, and any other documents the Department may deem necessary, to the Director of the. Water Department or his designated representative, at least seven(7) calendar days prior to the date of the opening of bids. a) COVER LETTER. The cover letter provided by the prospective bidder with the pre-qualification information must include the following information: • Contact person (for additional information) if other than individual who signed the cover letter • If the bidder intends to submit a bid within thirty (30) days from the date` that the pre-qualification request is submitted to the City, a statement as to the project to be bid and the date that the bids are scheduled to be opened. b) FINANCIAL STATEMENT. The financial statement required shall have been prepared by an independent certified public accountant or 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. G) EXPERIENCE RECORD. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received. Experience must be on projects that were completed no more than 5 years prior to the date on which bids will be received. A minimum of three references must be included. References must include a contact person name, telephone number, project name and total cost, and type of work done (Utility contractor shall list pipe size and pipe linear footage). d) EQUIPMENT SCHEDULE. The prospective bidder shall list the equipment that the Contractor has available for the project and list the equipment that Contractor will rent as may be required to complete the project on which the Contractor submits a bid. A-1 The Water Department will review each pre-qualification submittal. From the financial statement, the maximum bid limit swill be based on amount of liquid assets times 10. The expiration date for pre-qualification will be established as 15 months after the date of the - financial statement. The experience record will be reviewed and verified at the same time. The following conditions will apply: a) The Director of the Water Department shall be the sole judge as to the acceptability for financial and experience qualification to bid on any Fort Worth Water Department project. b) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. c) The City, in its sole discretion, may reject a bid for failure to demonstrate experience and/or expertise. d) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. e) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a wavier of any necessary pre-qualification. For additional information contact John Kasavich, Fort Worth Water Department at(817) 871- 8480 (FAX 817-871-8195). Pre-qualification submittal should be sent to: John Kasavich Fort Worth Water Department 1000 Throckmorton Fort Worth, TX 76102-6212 q� 2. BID SECURITY. A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in the amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be licensed to do business in the State of Texas. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. A-2 3. BONDS. A performance bond, a payment bond, and a maintenance bond each for one hundred(100%)percent of the,contract price will be required. Reference C3-3.7. 4. WAGE RATES. Not less that the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents. must be paid on this proj ect. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Prior to the award of contract to an out-of-state bidder, the bidder shall be licensed to do business in the State of Texas. For licensing procedures, contact the Texas Secretary of State Offices (Telephone Number 1-512-463-5555 or 1-900-263-0060) 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower that the lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the .nonresident `s principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has a place of business in the State of Texas. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-five (45) days after the completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the 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 A-3 contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of the contract. 10. DISABILITY: In accordance with provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on; the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of the Contractor or any of its subcontractors. Contract warrants it will fully comply with ADA's provision and any other applicable Federal, State, and local laws concerning disability and will defend, _ indemnify and hold harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning disability discrimination in the performance of this contract. 11. MINORITY AND`WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE SUBCONTRACTOR/SUPPLIER UTILIZATION, FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible A-4 and barred from participating in City work for a period of time of not less that three (3)years. 12. ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services, at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from, the Contract Documents, or should the bidder be in doubt as to their meaning, the bidder should at once notify the Fort Worth Water Department Engineering Services, in order that a written.addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. A-S PART B I . 0 i ATTACHMENT 1A FORT WORTH Pagel of4 City of Fort Worth 5 Subcontractors/Suppliers_Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime \ t 'f`1 5 _T MIWIDBE NON-MIW/DBE 1-f f)r)A PROJECT NAME- BID DATE 9 C_ _0q City's M/WBE Project Goal: Prime's MIWBE Project Utilization: PROJECT NUMBER Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid.I Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1St-tier, a payment by a subcontractor to its supplier is,considered 2nd tier ALL M[WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as. long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-MIWBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the leas,e agreement. Ild Rev.5/30/03 ATTACHMENT 1A F_ORT WORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N SUBCONTRACTOR/SUPPLIER T (check one) n N T Detail Detail Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M W T D W Telephone/Fax r BB E E R O B C T E A �CtrN ��c�fLt C- kc) ` �C. cI ( r)Ct�v fit'?,6s`4. I Lo ��I✓ � �A�� QAC�� P�\ MA8A1vCcM Iia- A\, FL,34- -711 (W. ;4c). 05 �A Rev.5/30/0; i FORT WORTH MinoPrimes are required to identify ALLesl'subcontractors/sup firmspPrst use additional sheets if necessaless of status; i.e ry Women and non-M/1NBEs. Pleas Certification N o (check one) n Detail N T Supplies Purchased Dollar Amount SUBCONTRACTORISUPPLIER T Detail Company Name I C X M Subcontracting Work Address e M W T D Telephone/Fax r E E R o B C T E A Rev.5/30103 i ATTACHMENT 1) FORT WORTH. Page 4 of Total Dollar Amount of M/WBE Subcontractors/Suppliers $ f ,f r a , Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers ------------- $ l TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ i ? 32) The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a I Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of I contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. v By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature i Tale Contact Name/Title(if different) COVIL f Company NarAe Telephone and/or Fax ci AddressE-mail Addr s City/State/Zip Date Rev.5/30/03 AT,,TACHMENT 1 TABLE OF CONTENTS Subject Page No. 1. DEFINITIONS ....................................................................... 1 11. PURPOSE .............................................. 4 I11. CERTIFICATION ................................................................... 4 IV. PROGRAM GOAL SETTING ................................................... 4 V. APPLICABLE CONTRACTS 1. CONSTRUCTION .............................................................. 5 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS RETAINAGE 2. PROFESSIONAL-SERVICES ................................................. 8 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS 3. PURCHASES 10 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS BEST VALUE CRITERIA VI. POST AWARD COMPLIANCE .................................................... 13 VII. CONTRACT MONITORING AND REPORTING .............................. 15 Vill. EXCEPTIONS AND WAIVERS .................................................... 16 IX. PROGRAM ADMINISTRATION ................................................... 16 X. SANCTIONS ............................................................................ 18 XI. SEVERABILITY ........................................................................ 19 Minority and Women Business Enterprise Ordinance Attachment 1 ATTACHMENT 1. DEFINITIONS: 1. Applicable Contract means any contract of $25,000 or more for construction projects and professional services and $25,000 or more for purchase agreements,as well as any other contracts that the City Council or City Manager deem appropriate. 2. Certified means those firms, located or doing business at the time of bid/proposal opening within the Marketplace, that have been determined to be a bonafide minority or women business enterprise by either the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TxDOT), highway division. 3. City means the City of Fort Worth, Texas. 4. City business day means Monday through Friday, inclusive, excluding legal holidays. Legal holidays shall be observed as prescribed by the City Council for observance as follows: New Year's Day January 1 M. L. King, Jr. Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Fourth Friday in November Christmas Day December 25 When one of the above named holidays falls on a Saturday, the holiday shall be observed on the preceding Friday. When one of the above named holidays falls on a Sunday, the holiday shall be observed on the following Monday. 5. Combined Projects means a -construction contract, which includes paving and/or drainage elements of construction and water and/or sanitary sewer construction elements, but does not include a standard water and/or sanitary sewer contract where the pavement is temporarily or permanently repaired and that repair is not a separate unit. 6. Construction means the erection, rehabilitation, alteration, conversion, extension, demolition, improvement, remodeling or repair to any real property, including streets, storm drains and facilities providing utility service owned by the City. 7. Contract means a binding agreement whereby the City either grants a privilege or is committed to expend or does expend its funds or other resources for or in connection with a) construction of any public improvement, and b) purchase of any services (including professional services). The term includes "purchase order". 8. Contract Officer means the person employed by the City to oversee the performance of the contract. 9. Contracting Department means the department responsible for payment of contract obligations. 10. Contractor means the business entity with whom the City has entered into an agreement. Includes the terms "Vendor", "Prime Contractor" and "Prime Consultant". 11. Goal means the percentage of minority business enterprise and/or women business enterprise participation on an applicable project as determined by the City, based on the availability of such businesses in the marketplace and the subcontracting/supplier opportunities of the project. 1 i Minority and Women Business Enterprise Ordinance Attachment 1 12. Good Faith Effort means an honest and conscientious effort by the Offeror to meet the City's goal for M/WBE participation. Compliance with each of the following steps shall satisfy the Good Faith Effort requirement absent proof of fraud, misrepresentation, or intentional discrimination by the Offeror: 12.1. List each and every subcontracting and/or supplier opportunity for the completion of this project. On combined projects list each subcontracting and/or supplying opportunity through the 2nd tier. 12.2. Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. 12.3. Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened. 12.4. Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened. Note: A facsimile may be used to comply with either 12.3 or 12.4, but may not be used for both. Note: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten or less, the Contractor must contact the entire list within such area of opportunity to be in compliance with 12.3 and 12.4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten or more,the Contractor must contact at least two-thirds of the list within such area of opportunity, but not less than ten,to be in compliance with 12.3 and 12.4. 12.5. Provide plans and specifications or information regarding the location of plans and specification to _ M/WBEs. 12.6. Submit documentatiop if M/WBE quotes were rejected. The documentation submitted should be in the form of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the Offeror wishes to be considered by the City In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. 13. Horizontal Construction means construction of highways, roads, streets, bridges, utilities, water supply projects, water plans, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction as referenced in this ordinance. - 14. Joint Venture means an association of two or more businesses, one of which must be a certified M/WBE firm. The M/WBE firm must be responsible for a clearly defined portion of the work to be performed, equal to a share in the ownership, control, knowledge, management, responsibility, risks, and profits of the joint venture. 15. Lease Agreement means a written agreement to transfer control and use of truck(s) from one business entity to another, which outlines fees and/or commissions. 16. Lease Trucks means trucks that are leased from another M/WBE firm, including M/WBE owner-operators. Trucks leased from non-M/WBE firms will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. 17. Manager means the administrator of the M/WBE Office of the City of Fort Worth. 18. Managing Department means the department responsible for overseeing the day-to-day completion of the contract. 19. Manufacturer means one that manufactures a product by hand or machinery suitable for uses; the process of making wares. 20. Marketplace means the geographic market area as defined in the Availability and Disparity Study represented by the counties of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. 2 Minority and Women Business Enterprise Ordinance Attachment 1 21. Minority means a citizen of the United States or lawfully admitted permanent resident that is Asian American, American Indian, Black or Hispanic. 22. Minority Business Enterprise is defined as a qualified business concern located in the Marketplace or providing proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals, meeting the following criteria: a. is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. management and daily business operations are controlled by one or more minority persons who own it. 23. MWBEAC means the Minority and Women Business Enterprise Advisory Committee appointed by the City Council to review the findings of Availability and Disparity Studies conducted for the City and present recommendations, in concurrence with the City Manager, on any amendments to the M/WBE Ordinance. 24. Mediation means an alternate dispute resolution method as authorized by the state law 25. Nepotism means the state or fact of showing favoritism to a relative on the basis of a relationship. 26. Non-compliance means failure,of a prime contractor to comply with the Ordinance's requirements during the contract and/or at completion of the contract. 27. Non-responsive means failure of an Offeror to respond to the Ordinance's requirements upon submission of a bid or proposal; herein specifically defined by either 1) meet or exceed the stated project goal, or 2) make a good and honest faith effort to meet the project goal or 3) submit the prime contractor waiver or 4) submit the joint venture form. 28. Offeror means any person, firm, corporation, or partnership that submits a bid or proposal to provide labor, goods or services to the City where funds are expended. The term includes bidder and proposer. 29. Payment Dispute means a bonafide disagreement of payment. 30. Procurement means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services. 31. Professional Services means services, which require predominantly mental or intellectual labor and skills, includes, but is not necessarily limited to, architects, engineers, surveyors, doctors, attorneys, and accountants. 32. Project Manager see Contract Officer. 33. Purchasing means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services excluding construction and professional services previously defined. 34. Qualified means an individual or business entity having previously performed or received training in the work, industry or profession required. 35. Regular Dealer is defined as a firm that owns, operates, or maintains a store, a warehouse, or other establishments in which the materials or supplies required for the contract are bought, kept in stock, and are regularly sold retail or wholesale. 36. Subcontract means an agreement between the contractor and another business entity for the performance of work. 37. Subcontract/Supplier Opportunity means an area where there is more than one_ _M/WBE,_ _ subcontractor/subconsultant/supplier in the market place. 3 Minority and Women Business Enterprise Ordinance Attachment 1 38. Tier means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime contractor to a subcontractor is considered 1St tier, a payment by a subcontractor to its supplier is considered 2"d tier. 39. Vertical Construction means construction of a facility. Facility means buildings the design and construction of which are governed by accepted building codes. The term does not include: (A) highways, roads, streets, bridges, utilities, water supply projects, water plans, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction or (B) builds or structures that are incidental to projects that are primarily civil engineering construction projects. 40. Women Business Enterprise is defined as a qualified business concern located in the Marketplace or provide proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals, meeting the following criteria: a, is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more women; and b. management and daily business operations are controlled by one or more women who own it. I1. PURPOSE: The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the utilization of minority and women business enterprises above the present low level to one more comparable to their availability in the Fort Worth M@rketplace. Specific goals shall be established in the areas of construction, professional services, and purchases of other goods and services. A goal may be set on individual projects based on the type of work or services to be performed, or goods to be acquired and the availability of minority and women businesses in the City's Marketplace. The City Manager shall recommend an annual goal for M/WBE participation in City procurement activities, based upon the availability within the Marketplace. The provisions of this ordinance shall apply to all contracts awarded by the City, except as may be hereafter specifically exempted. Where contracts involve the expenditure of federal or state funds, the state or federal policy related to M/WBE or DBE participation may take precedence over this ordinance. Award of a contract shall be recommended when the Offeror has complied with the requirements of this ordinance via meeting the goal, demonstrating a Good Faith Effort to meet the goal or meeting the requirements for a Prime Contractor Waiver. Failure to comply with the Ordinance by any of the required methods shall result in an Offeror being deemed non-responsive. 111. CERTIFICATION: The City will recognize M/WBE firms that are certified by the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TX DOT), highway division. The firms shall be located in or doing business in the Marketplace at the time of bid/proposal opening. IV. PROGRAM GOAL: A. A Citywide goal for the utilization of minority business enterprises (MBE) and women business enterprises (WBE) shall be reviewed and approved annually by the City Council. 1. The City Manager shall conduct an analysis of the availability of M/WBEs and present to the City Council an annual report on M/WBE availability and utilization by the end of the first quarter of the new fiscal year. 4 Minority and Women Business Enterprise Ordinance Attachment 1 2. Based on the availability of M/WBEs in the Marketplace and the City's most recent goal attainment and with the advice and counsel of the, the City Manager shall recommend to the City Council a reasonable goal for the remainder of the current fiscal year. 3. The goal shall .be expressed in terms of a percentage of the total dollar value of all applicable contracts awarded by the City. Goals shall be established separately for categories of construction, professional services, and purchasing, as well as, any other categories that the City Council or City Manager deems appropriate. B. An individual project goal shall be set by the M/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: 1. Specific subcontracting and/or materials opportunities required to complete the project, and 2. The availability of M/WBE in the identified subcontracting and/or materials opportunities in the Marketplace. V. APPLICABLE CONTRACTS: A. CONSTRUCTION PROJECTS 1. MM/BE UTILIZATION REQUIREMENTS a. In addition to the requirements set forth elsewhere, bid conditions shall include a statement of the M/WBE goal established for the project. The requirements below also apply to circumstances where change orders or extra work gives rise to new trade or vendor opportunities outside the original scope of work. b. Bid conditions and all other specifications for applicable contracts to be awarded by the City shall require that Offerors make a good faith effort (GFE) to subcontract with or purchase supplies from M/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 contracts (estimated cost of $25,000 or more) shall be awarded and administered in accordance with the following standards and procedures: 01. Competitive bids for applicable contracts shall include the M/WBE requirements and documentation in the bid specifications. M/WBE documentation consists of the SPECIAL INSTRUCTIONS TO BIDDERS, the SUBCONTRACTOR UTILIZATION FORM, the PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM, and the JOINT VENTURE FORM. a) Competitive bids where the Offeror equals or exceeds the project goal must submit the SUBCONTRACTOR UTILIZATION FORM or the JOINT VENTURE FORM. b) Competitive bids where the Offeror does not have subcontracting and/or supplier opportunities must submit the PRIME CONTRACTOR WAIVER FORM. c) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but does not include M/WBE participation in an amount, which equals or exceeds the project goal, must submit the SUBCONTRACTOR UTILIZATION FORM and the GOOD FAITH EFFORT FORM (GFE) and documentation. d) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but do not include any M/WBE participation must submit the SUBCONTRACTOR UTILIZATION FORM i and the GOOD FAITH EFFORT FORM and documentation. 5 _ i Minority and Women Business Enterprise Ordinance Attachment 1 02. The Offeror shall submit the,, SUBCONTRACTOR UTILIZATION FORM and/or the GOOD FAITH EFFORT FORM or the PRIME CONTRACTOR WAIVER FORM, or the JOINT VENTURE FORM ("and documentation") as appropriate. The Managing Department must receive the documentation no later than 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the M/WBE requirements and documentation, shall render the Offeror non-responsive. 03. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize M/WBE(s). The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid/proposal. An Offeror who intentionally _ and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. 04. The contracting department may request the M/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. 2. COUNTING M/WBE PARTICIPATION M/WBE participation shall be counted toward meeting the goal in accordance with the following provisions: a. For the purpose of determining compliance with the goal requirements established in this ordinance, businesses will be cbunted as M/WBE only when they have been certified as such prior to a recommendation for award being made to the City Council. 01. Any business listed by an Offeror that is not certified at the time of bid opening must file an application for certification to a city authorized certification agency within a reasonable time for the City to consider the business and dollar amount towards meeting the goal. 02. If a business described in the subparagraph immediately above fails to submit an application for certification within a reasonable time, or if the business is denied certification, the Offeror shall be afforded five (5) City business days to secure additional certified/certifiable M/WBE participation, starting the next City business day following the day the written notification was received from the Managing Department. 03. Evidence of the additional certified/certifiable M/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. b. Except as provided for in paragraph C below, if the Offeror is ruled non-responsive to for failure to comply with the requirements of this ordinance, the Managing Department will provide written notification to the Offeror stating the specific basis for the ruling. The Offeror may then submit documentation that it will either meet or exceed the stated goal and if the documentation satisfies this ordinance, the Offeror may then be considered for an award of contract. C. If the Offeror is ruled non-responsive solely for its failure to identify a subcontract/supplier opportunity and that opportunity is less than three (3%) percent of the total bid, the Offeror may submit documentation that an M/WBE will be utilized for that subcontract/supplier opportunity, and may be considered for an award of contract. d. Documentation required under either paragraph 2 or 3 above must be received by the Managing Department within five (5) City business days, exclusive of the date that the Offeror was notified that it was non-responsive. If the documentation is not received within the stated time, the Offeror shall be deemed to have withdrawn its bid. The City will not communicate with another Offeror regarding award of the contract until five (5) City business days after the original Offeror has been notified that it is non-responsive. 6 Minority and Women Business Enterprise Ordinance Attachment 1 e. The Offeror may count toward the goal any tier of M/WBE subcontractors and/or suppliers f. The Offeror will be given credit toward the goal only when the M/WBE subcontractor performs a commercially useful function. A M/WBE subcontractor is considered to have performed a commercially useful function when. 01. It is responsible for the execution of a distinct element of the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and 02. When the firm receives due compensation as agreed upon.for the work performed. g. The Offeror will be given credit toward the M/WBE goal only when the MM/BE supplier performs a commercially useful function. A M/WBE supplier is considered to have performed a commercially useful function when the M/WBE supplier is a manufacturer or a regular dealer. h. The Offeror will be given credit for utilizing a M/WBE hauling firm as long as the M/WBE owns and operates at least one fully licensed and operational truck used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. i. Regardless of whether an arrangement between the contractor and the M/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the M/WBE or does not _meet the .commercially useful function requirement, the Offeror shall receive no credit toward the goal. j. An Offeror may count toward its goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of M/WBE participation in the joint venture. 01. The Managing Department must receive the documentation no later than 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the M/WBE requirements and documentation, shall render the Offeror non-responsive. 02. The M/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. k. Except for joint ventures, the prime contractor (regardless of their M/WBE status) and any work performed by the prime contractor is not counted toward meeting the M/WBE contract goal and is not considered when determining compliance with this ordinance. I. An Offeror may not count toward its goal any arrangement with an M/WBE that is nepotism or where a M/WBE has been a recent employee (less than one year) of the Offeror. m. The Offeror may not count toward the goal any agreement with a M/WBE that does not meet the requirements of this ordinance. 3. PAYMENTS The City Manager shall implement procedures to comply with the following: 7 } Minority and Women Business Enterprise Ordinance Attachment 1 a. For vertical construction contracts, procedures will be established to ensure that the prime shall submit an invoice at least monthly and the City will pay the invoice as required by the Texas Prompt Payment Act (Tex. Gov't. Code, chap. 2251) or any successor statute. The prime shall pay subcontractors as required by the Texas Prompt Payment Act or any successor statute. The prime contractor's failure to make payments as provided by state law shall, in addition to any other remedies provided by law, authorize the City to withhold future payments and/or reject future bids from the contractor until compliance with this ordinance is attained. b. For horizontal construction contracts, procedures will be established to ensure that all progress payments are made twice a month and that subcontractors are paid in accordance with the provisions of the Texas Prompt Payment Act or any successor statute. A contractor's failure to make payments as required by state law shall, in addition to any other remedies provided by state law, authorize the City to withhold future payments and/or reject future bids from the contractor until compliance with this ordinance is attained. C. Whenever there is a dispute over payment due between the prime and subcontractor and/or supplier, the City shall strongly encourage the parties to seek mediation before the City takes any action under this ordinance. 4. RETAINAGE a. If the prime withholds additional monies or a fee in excess of the retainage amount required by the City, and if there is nq dispute about payment to the subcontractor, the prime shall release the additional monies after the completion of the subcontractor's scope of work, or as otherwise required by law, but may retain the required retainage monies until project completion, acceptance and final ti payment by the City. 41 b. Where contracts involve the expenditure of federal or state funds, the state or federal policy related to M/WBE or DBE retainage may take precedence over this ordinance. B. PROFESSIONAL SERVICES 1. M/WBE UTILIZATION REQUIREMENTS a. In addition to the requirements set forth elsewhere, requests for proposals shall include a statement of the M/WBE goal established for the project. The requirements below shall also apply to = circumstances where amendments or extra work gives rise to new subconsulting/supplier opportunities. b. Requests for proposals and all'other specifications for applicable contracts to be awarded by the City - shall require that Offeror make a good faith effort(GFE) to sub-consult with or purchase supplies from MNVBE firms. Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable contracts to permit a determination of compliance with the specifications. C. Professional Services contracts and such other contracts which may be competed for under sealed proposal procedures (estimated cost of $25,000 or more) shall be awarded and administered in accordance with the following standards and procedures: 01. Other than responses to Requests for Proposals for those professional services defined in Chapter 2254 of the Texas Government Code, responses to Request for Proposals shall be submitted by the proposal deadline date and include a section, which identifies the particular M/WBE utilization plan in performing the contract. a) The proposal shall specify the estimated percentage. of the M/WBE participation, the type of work to be performed by the MNVBE, and such other information as may reasonably be required to determine the responsiveness to the Request for Proposal. 8 Minority and Women Business Enterprise Ordinance Attachment 1 b) Proposals 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 proposal non-responsive. 02. 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 negotiations, the proposer shall respond to this ordinance in the manner specified in paragraph 01(a) above. 03. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize M/WBEs. The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the proposal. An Offeror who intentionally and/or knowingly misrepresents facts on the documentation submitted may be classified as non- responsive and be subject to possible debarment. 04. The contracting department may request the M/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. 2. COUNTING M/WBE PARTICIPATION M/WBE participation shall be counted toward meeting the goal in accordance with the following provisions: a. For the purpose of determining compliance with the goal requirements established in this ordinance, businesses will be Founted as M/WBEs only when they have been certified as such prior to a recommendation for award being made to the City Council. 01. Any business listed by an Offeror that is not certified at the time of response opening must file an application for certification to a city authorized certification agency within a reasonable time for the City to consider the business and dollar amount towards meeting the goal. 02. If a business described in the subparagraph immediately above fails to submit an application for certification within a reasonable time, or if the business is denied certification, the Offeror shall be afforded five (5) City business days to secure additional certified/certifiable M/WBE participation, starting the next City business day following the day the written notification was received from the Managing Department. 03. Evidence of the additional certified/certifiable M/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. b. The Offeror may count toward the goal any tier of M/WBE sub-consultants and/or suppliers. C. The Offeror will be given credit toward the goal only when the M/WBE sub-consultant performs a commercially useful function. A M/WBE sub-consultant is considered to have performed a commercially useful function when: 01. It is responsible for the execution of a distinct element of the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and 02. When the firm receives due compensation as agreed upon for the work performed. d. The Offeror will be given credit toward the M/WBE contract goal only when the M/WBE supplier performs a commercially useful function. A M/WBE supplier is considered to have performed a commercially useful function when the M/WBE supplier is a manufacturer or a regular dealer. e. Regardless of whether an arrangement between the consultant and the M/WBE represents.standard industry practice, if the arrangement erodes the ownership, control or independe ce of the M/WBE or 9 Minority and Women Business Enterprise Ordinance Attachment 1 does not meet the commercially useful function requirement, the Offeror shall receive no credit toward the goal. f. 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 MNVBE participation in the joint venture. 01. The Joint Venture Form must be submitted to the Managing Department with the proposal when determining the responsiveness of the proposal by the MNVBE Office. Failure to comply with the proposal scope of services, inclusive of the M/WBE requirements, shall render the Offeror non- responsive. 02. The MNVBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed, equal to a share in the ownership, control, knowledge, management, responsibility, risks, and profits of the joint venture. g. Except for joint ventures, the prime consultant (regardless of their MNVBE status) and any work performed by the prime consultant is not counted toward meeting the MNVBE contract goal and is not considered when determining compliance with this ordinance. h. An Offeror may not count toward its goal any arrangement with an MNVBE that is nepotism or where an MNVBE has been a recent employee (less than one year) of the Offeror. L The Offeror may not count toward the goal any agreement with a MNVBE that does not meet the requirements of this ordinance. i 3. PAYMENTS 4 The City Manager shall implement procedures to comply with the following: a. The prime shall submit an invoice at least monthly or as designated by the contract documents and the City will pay the invoice as required by the Texas Prompt Payment Act or any successor statute. The prime shall pay sub-consultants as required by the Texas Prompt Payment Act or any successor statute. A consultant's failure to make payments in accordance with state law shall, in addition to any other remedies provided by law, authorize the City to withhold future payments and/or reject future proposals from the consultant until compliance with this ordinance is attained. b. Whenever there is a dispute over payment due between the prirrte and sub-consultant and/or supplier, the City shall strongly encourage the parties to seek mediation before the City initiates a stop payment order. C. PURCHASES 1. M/WBE UTILIZATION REQUIREMENTS a. In addition to the requirements set forth elsewhere, bid conditions shall include a statement of the MNVBE goal established for the project. The requirements below also apply to circumstances where purchase orders or extra work cause new subcontracting/supplier opportunities. b. Bid conditions and all other specifications for applicable contracts to be awarded by the City shall require that Offeror make a good faith effort (GFE) to subcontract with or purchase supplies from MNVBE firms. Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable contracts to permit a determination of compliance with the specifications. C. Purchase contracts and such other contracts which may be competed for under sealed proposal procedures (estimated cost of $25,000 or more) shall be awarded and administered in accordance with the following standards and procedures: 10 Minority and Women Business Enterprise Ordinance Attachment 1 01. Competitive bids for applicable contracts shall include the M/WBE requirements and documentation in the bid specifications. M/WBE documentation consists of the SPECIAL INSTRUCTIONS TO BIDDERS, the SUBCONTRACTOR UTILIZATION FORM, the PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM, and, the JOINT VENTURE FORM. a) Competitive bids where the Offeror equals or exceeds the project goal must submit the SUBCONTRACTOR UTILIZATION FORM. b) Competitive bids where the Offeror does not have subcontracting and/or supplier opportunities must submit the PRIME CONTRACTOR WAIVER FORM. c) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but does not include M/WBE participation in an amount, which equals or exceeds the project goal, must submit the SUBCONTRACTOR UTILIZATION FORM.and the GOOD FAITH EFFORT FORM and documentation. d) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but do not include any M/WBE participation must submit the GOOD FAITH EFFORT FORM and documentation. 02. The Offeror shall submit the SUBCONTRACTOR UTILIZATION FORM and/or the GOOD FAITH EFFORT`FORM or the PRIME CONTRACTOR WAIVER FORM, or the JOINT VENTURE FORM ("and documentation") as appropriate. The Managing Department must receive the documentation no later than 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the MN1/BE requirements and documentation, shall render the Offeror non-responsive. 03. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize M/WBE(s). The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. 04. The contracting department may request the M/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. 2. COUNTING MANBE PARTICIPATION M/WBE participation shall be counted toward meeting Goal in accordance with the following provisions: a. For the purpose of determining compliance with the goal requirements established in this ordinance, businesses will be counted as M/WBEs only when they have been certified as such prior to a recommendation for award being made to the City Council. 01. Any business listed by an Offeror that is not certified at the time of bid/response opening must file an application for certification within a reasonable time for the City to consider the business towards meeting the goal. 02. If a business described in the subparagraph immediately above fails to submit an application for certification within a reasonable time, or if the business is denied certification, the Offeror shall be afforded five (5) City business days to secure additional certified/certifiable M/WBE participation, starting the next City business day following the day the written notification was i received from the Managing Department 11 Minority and Women Business Enterprise Ordinance Attachment 1 03. Evidence of the additional certified/certifiable M/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. b. Except as provided for in paragraph c below, if the Offeror is ruled non-responsive for failure to comply with the requirements of this ordinance, the Managing Department will provide written notification to the Offeror stating the specific basis for the ruling. The Offeror may submit documentation that it will either meet or exceed the stated goal, and if the documentation satisfies this ordinance, the Offeror may then be considered for an award of contract. C. If the Offeror is ruled non-responsive solely for its failure to identify a subcontract/supplier opportunity and that opportunity is less than three (3%) percent of the total bid, the Offeror may submit documentation that an M/WBE will be utilized for that subcontract/supplier opportunity, and may be considered for an award of contract. d. Documentation required under either paragraph b or c above must be received by the Managing Department within five(5) City business days, exclusive of the date that the Offeror was notified that it was non-responsive. If the documentation is not received within the stated time, the Offeror shall be deemed to have withdrawn its bid. The City will not communicate with another Offeror regarding award of the contract until five (5) City business days after the original Offeror has been notified that it is non-responsive. e. The Offeror may count',toward the goal any tier of M/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 and/or reject future purchasing orders until compliance is attained. f. The Offeror will be given credit toward the goal only when the M/WBE subcontractor performs a commercially useful function. A M/WBE subcontractor is considered to have performed a commercially useful function when: 01. It is responsible for the execution of a distinct element of the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and 02. When the firm receives due compensation as agreed upon for the work performed. g. The Offeror will be given credit toward the M/WBE contract goal only when the M/WBE supplier performs a commercially useful function. A M/WBE supplier is considered to have performed a commercially useful function when the M/WBE supplier is a manufacturer or a regular dealer. h. The Offeror will be given credit for utilizing a M/WBE hauling firm as long as the M/WBE own and operate at least one fully licensed, insured and operational truck used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators and receive 100% _ M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. L Regardless of whether an arrangement between the contractor and the M/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the M/WBE or does not meet the commercially useful function requirement, the Offeror shall receive no credit toward the goal. j. An Offeror may count toward its goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of M/WBE participation in the joint venture. 01. The Managing Department must receive the Joint Venture form from the Offeror within five (5) City business days after the date of bid opening, exclusive of the day of the bid opening, for certification by the M/WBE Office. 12 Minority and Women Business Enterprise Ordinance Attachment 1 02. The M/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. k. Except for joint ventures, the prime contractor (regardless of their M/WBE status) and any work performed by the prime contractor is not counted toward meeting the MNVBE contract goal and is not considered when determining compliance with this ordinance. I. An Offeror may not count toward its goal any arrangement with an MNVBE that is nepotism or where an MNVBE has been a recent employee (less than one year) of the Offeror. m. The Offeror may not count toward the goal any agreement with an MNVBE that does not meet the requirements of this ordinance. 3. PAYMENTS The City Manager shall implement procedures to comply with the following: - a. Establish procedures to ensure that purchase orders for all vendors' invoices be paid as required by the Texas Prompt Payment Act or any successor statute and that subcontractors are paid as required by state law. A vendor's failure to make payments as required by law shall, in addition to any other remedies provided by law, authorize the City to withhold future payments from the vendor until compliance with this ordinance is attained. b. Whenever there is a dispute concerning payment due between the prime and subcontractor and/or supplier, the City shall strongly encourage the parties to seek mediation before the City initiates a stop payment order. 4. BEST VALUE CRITERIA a. In order to increase MNVBE primes in direct purchases, the City will apply the best value criteria codified in State law(Tex. Local Gov't Code, sec. 252.043 or any successor statute) to all purchasing activities as outlined in the state legislation. b. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, shall implement procedures the purchase of goods and services under the formal bid amount to emphasize the inclusion of MNVBEs. VL POST-AWARD COMPLIANCE: A. In addition to such other requirements as may be set forth elsewhere, the following shall apply to applicable contracts awarded by the City: 1. Contracts shall incorporate this ordinance by reference, and shall provide that the contractor's violation of this ordinance shall constitute a breach of such contract and may result in debarment in accord with the procedures outlined in this ordinance. 2. Following the date and time of bid/proposal opening, any proposed change or deletion in MNVBE participation identified in the bid, proposal or contract shall be reviewed by the MNVBE 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. Following the date and time of bid/proposal opening, the contractor shall: a. Make no unjustified changes or deletions in its MNVBE participation commitments submitted with the bid, proposal or during negotiation, without prior submission of the proper documentation for review and approval by the MNVBE Office. 13 7 { Minority and Women Business Enterprise Ordinance Attachment 1 b. Shall submit a detailed explanation o`f how the requested change or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. c. If substantial subcontracting and/or 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 awarded and shall be required to comply with subsections 12.3 and 12.4 of this Attachment 1, exclusive of the time requirements stated in such subsections; d. Maintain records reasonably necessary for monitoring their compliance with the provisions of this ordinance; e. After the first payment and beginning with the second application for payment, submit the required M/WBE Periodic Payment Reports, including copies of M/WBE subcontractor's /subconsultant's /supplier applications for payment /invoices (as appropriate), and proof of payment documentation, to the M/WBE Office. Additionally, upon request of the M/WBE Office, the contractor shall 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 and/or reject future bids from the contractor until compliance with this ordinance is attained. 4. The contractor shall submit to the M/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 M/WBE subcontractor(s), subconsultant(s) or supplier(s). a. Within three(3) City business days after receipt by the M/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: 01. A M/WBE's failure to provide workers' compensation insurance evidence as required by state law; or t' 02. A M/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 i 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-M/WBE subcontractor's/subconsultant's or suppliers; or 03. A M/WBE's failure to execute the contractor's standard subcontract form, if entering a subcontract is required by the contractor in its normal course of business, unless such failure is due to: a) A change in the amount of the previously agreed to bid or scope of work; or i b) The contract presented provides for payment once a month or longer and the contractor is receiving payment from the City twice a month; or c) Any limitation being placed on the ability of the M/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. d) Mediation shall be a consideration before the request for change is approved. 04. A M/WBE defaults in the performance of the executed subcontract. In this event, the contractor shall: a) Request bids from all M/WBE subcontractors previously submitting bids for the work, 14 Minority and Women Business Enterprise Ordinance Attachment 1 b) If reasonably practicable,request bids from previously non-bidding M/WBEs, and c) Provide to the M/WBE office documentation of compliance with (a) and (b) above. 05. Any other reason found to be acceptable by the M/WBE Office in its sole discretion. NOTE: The contractor shall submit such documentation as may reasonably be requested by the M/WBE Office to support the contractor's request. The time between the request by the M/WBE Office for additional documentation and the delivery of such documentation shall not be included within the time period that the M/WBE Office is required to respond as stated in subparagraph (a) above. b. If the M/WBE Office approves the deletion of a M/WBE and replacement by a non-M/WBE, such approval shall constitute a post award waiver to the extent of the value of the deleted subcontract. c. If the M/WBE Office denies the request for change or deletion, the contractor may appeal the denial to the City Manager whose decision will be final. 5. Whenever contract amendments, change orders, purchase 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, purchase order or extra work affects the subcontract of a M/WBE, such M/WBE shall be given the opportunity to perform such amendment, change order, purchase order or extra work. b. If the amendment, change order, purchase order or extra work is or is not covered by any subcontractor performing like or similar work, and the amount of such amendment, change order, purchase order or extra work is $50,000.00 or more, 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 purchase order or extra work. 6. If the contractor/consultant in its bid/proposal included any second or lower tier subcontractor/subconsultant/supplier towards meeting the goal, it is the sole responsibility of the Offeror to report and document all subcontracting/subconsulting and/or supplier participation dollars counted towards the goal, irrespective of tier level. Failure to comply with the City's request to provide the required documentation shall entitle the City to withhold payments and/or to reject future bids/proposals from the Offeror 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 M/WBE Office with the M/WBE FINAL SUMMARY PAYMENT REPORT FORM to reflect the final participation of each subcontractor/subconsultant 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 and is a subcontractor/subconsultant on a new quote; the contractor will be required to comply with this ordinance prior to a recommendation for award being made to the City Council. VII. CONTRACT MONITORING, AND REPORTING: A. The M/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 M/WBE utilization, the M/WBE Office 15 i Minority and Women Business Enterprise Ordinance Attachment 1 shall notify the contracting department and the contractor. The M/WBE Office shall attempt to resolve the non- compliance through conciliation. If the non-compliance cannot be resolved, the Manager 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 M/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 non-compliance shall be transmitted to the contracting department, and the M/WBE Office shall attempt to resolve any non-compliance through conference and conciliation. Should such attempt fail to resolve the non-compliance, the Manager shall transmit a copy of the findings of non-compliance, with a statement that conciliation was attempted and failed, to the City Manager who shall take appropriate action to secure compliance. . C. The M/WBE Office may require such reports, information, and documentation from contractors, Offerors, 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 of this ordinance. D. Contracting departments shall maintain accurate records for each contract awarded, including the names of contractors providing quotes, 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 quotes from M/WBEs, identifying for each its dollar value, the nature of the goods or services provided, and the name of the subcontractors/suppliers. 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 annucli report to the City Council on the progress of the City toward the utilization goal established by this ordinance, together with an identification of problems and specific recommendations for improving the City's performance. - a VIII. EXCEPTIONS AND WAIVERS: A. If an Offeror is unable to comply with the M/WBE 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 113) 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 a subcontracting and/or supplier opportunity but was unable to meet or exceed the project goal. The Offeror will submit requested documentation that demonstrates a good faith effort to comply with the goal requirements as described in the Program Goal section above. B. A contracting department may request the M/WBE Office to waive or modify the goal requirements for M/WBEs by submitting a Departmental Waiver Form, in writing, prior to solicitation of bids or proposals. The M/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. Lack of sufficient M/WBE subcontracting/subconsulting/suppliers 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 M/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. 16 Minority and Women Business Enterprise Ordinance Attachment 1 IX. 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 M/WBE Office shall be responsible for the overall administration of the City's M/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 M/WBE firms for distribution internally and externally on contracts; 3. Providing information, outreach (to include workshops, seminars, etc.) and needed assistance to M/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; 7. Making recommendations to appropriate City staff regarding methods to further the policies and goals of this ordinance; 8. Determining M/WBE compliance on bids and proposals before they are submitted to the City Council for award; 9. Maintaining an 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 for the department's projects 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 M/WBEs have the maximum opportunity to participate on City contracts: a. A written notification shall be sent to minority and women trade associations, contractor's associations, and minority and women chambers of commerce about the availability of formally advertised contracting opportunities no less than 28 days before bids are due; b. All applicable contract solicitations shall include the requirements contained in this ordinance; c. All contracting opportunities shall be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for M/WBE; d. Establish procedures to ensure that all contractors' invoices are paid on construction, professional services and purchases as follows: 01. Vertical and horizontal construction shall be paid twice monthly, 02. Professional Services shall be paid within ten City business days after receipt of and approved invoice and 03. Purchases shall be paid within ten City business days after receipt of an approved invoice. 17 Minority and Women Business Enterprise Ordinance Attachment 1 04. Subcontractors shall be paid Within five (5) City business days after receipt of payment of the prime contractor by one of the methods stated above. e. Establish guidelines to ensure that a notice to proceed is not issued until signed letters of intent evidencing receipt by the M/WBE or executed agreements with the M/WBE have been submitted along with the project work schedule, if applicable; f. Ensure that all required statistics and documentation are submitted to the M/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 M/WBE associations or other relevant organizations to inform them of the contracting opportunity. X. SANCTIONS: A. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize M/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 in the documentation submitted will be classified as non-responsive and be. subject to possible debarment. B. A contractor's failure to make payments within five (5) City business days shall authorize the City to withhold payment from the contractor until compliance with this ordinance is attained. C. Debarment: ' 1. An Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible Offeror and barred from participating in City work for a period of not less than three (3) years. 2. The failure of an Offeror to comply with this ordinance where such non-compliance 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. 3. The M/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. 4. 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 x Manager of its request for appeal. 5. An Appeal Board, consisting of not less than three members appointed by the City Manager with the approval of the City Council, will meet within thirty (30) days from the date of receipt of the request for appeal of debarment, unless Offeror requests an extension of time. The Offeror will be notified of the meeting time and location. 6. The Offeror will be afforded an opportunity to appear with Counsel if they so desire, submit documentary evidence, and confront any witness that the City presents. 7. The Appeal Board will render its decision not more than thirty (30) days of the hearing and send a certified notice to the Offeror. 8. 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. 18 Minority and Women Business Enterprise Ordinance Attachment 1 9. The appeal will be placed on the City_Pouncil agenda within thirty(30) days from receipt of written notice, unless Offeror requests an extension in writing. 10. 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. 11. Any M/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 not to exceed one(1) year, and if deemed irresponsible, such M/WBE shall not be included in calculating an Offeror's responsiveness and barred from bidding on City work. 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. a i i 19 i I 1 . l I 4 ' l PART C 1 I l l :i 4 re, City of Fort Worth Holly Water Plants Alert Notification System Pre-Bid Conference July 22, 2004 10:00 AM r AGENDA INTRODUCTIONS Owner-City of Fort Worth.Water Department Engineer-Chiang, Patel&Yerby,Inc. SIGN-UP SHEET PROJECT DESCRIPTION BIDDING/CONTRACT REQUIREMENTS Bids Due. �. Bid Proposal Form. Base Bid,Alternate and Unit Price Items. Completion of Work. Addenda—Including notes from Pre-bid Conference. Bid Bond. MBE/WBE—12%Requirement. INSTRUCTIONS TO BIDDERS Use of the Premises SUMMARY OF WORK/DRAWINGS: Review of Project Plans and Specifications. Question and Answer Session. Review-Project Site. Additional Site Visits �sa w'&t4u, Aef a4>4. OvA ncc PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1 (1) C1-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents Cl-l-(2) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) Cl-1.6 General Conditions CI-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bonds Cl-1 (2) C1-1.10 Contract Cl-1 (3) C1-1.11 Plans C1-1 (3) I C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor , Cl-1 (3) Cl-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (3) C1-1.18 Director, City Water Department C1-1 (3) C1-1.19 Engineer C1-1 (3) C1-1.20 Contractor C1-1 (3) CI-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) CI-1.23 Working Day C1-1 (4) C1-1.24 Calendar Days C1-1 (4) C1-1.25 Legal Holidays C1-1 (4) C1-1.26 Abbreviations C1-1 (4) C1-1.27 Change Order CI-1 (5) C1-1.28 Paved Streets and Alleys C1-1 (5) C1-1.29 Unpaved Streets or Alleys CI-1 (6) C1-1.30 City Street C1-1 (6) C1-1.31 Roadway CI-1 (6) C1-1.32 Gravel Street C1-1 (6) IC2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) 1 C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site of Project C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (2) of Jv�>1�' C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) . C2-2.7 Delivery of Proposal C2-2 (3) C2-2.8 Withdrawing Proposals C2-2 (3) C2-2.9 Telegraphic Modifications of Proposals C2-2 (3) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (4) C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (1) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (3) C3-3.9 Failure to Bxecute Contract C3-3 (3) C-3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (6) C3-3.13 Weekly Payrolls C3-3 (6) C3-3.14 Contractor's Contract Administration C3-3 (6) C3-3.15 Venue C3-3 (7) C4=4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operation C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (1) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (2) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) (2) C5-5.8 Authority and Duties of City Inspector C5-5 (3) C5-5.9 Inspection C5-5 (4) C5-5.10 Removal of Defective-and Unauthorized Work C5-5 (4) C5-5.11 Substitute Materials or Equipment C5-5 (4) C5-5.12 Samples and Tests of Materials C5-5 (5) C5-5.13 Storage of Materials C5-5 (5) C5-5.14 Existing Structures and Utilities C5-5 (5) C5-5.15 Interruption of Service C5-5 (6) C5-5.16 Mutual Responsibility of Contractors C5-5 (7) C5-5.17 Clean-Up C5-5 (7) C5-5.18 Final Inspection C5-5 (8) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials, and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (1) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges f Contractor in Streets, Alleys, C6-6 (3) and Right-tof--Way C6-6.7 Railway Crossings C6-6 (3) C6-6.8 Barricades, Warnings and Flagmen C6-6 (3) C6-6.9 Use of Explosives, Drop Weight, Etc. C6-6 (4) 5 C6-6.10 Work Within Easements C6-6 ( ) C6.6.1 i Independent Contractor C6-6 (6) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (6) C6-6.13 Contractor's Claim for Damages C6-6 (8) C6-6.14 Adjustment or Relocation of Public Utilities, Etc. C6-6 (8) C6-6.15 Temporary Sewer and Drain Connections C6-6 (8) C6-6.16 Arrangement and Charges for Water Furnished by the City C6-6 (9) C6-6.17 Use of a Section or Portion of the Work C6-6 (9) C6-6.18 Contractor's Responsibility for the Work C6-6 (9) C6-6.19 No Waiver of Legal Rights C6-6 (9) C6-6.20 Personal Liability of Public Officials C6-6 (10) C6-6.21 State Sales Tax C6-6 (10) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of The Work C7-7 (1) C7-7.4 Limitation of Operations C7-7 (2) C7-7.5 Character of Workmen and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (3) C7-7.8 Extension of Time Completion C7-7 (3) (3) C7-7.9 Delays ' C7-7 (4) C7-7.10 Time of Completion C7-7 (4) C7-7.11 Suspension by Court Order C7-7 (5) C7-7.12 Temporary Suspension C7-7 (5) C7-7.13 Termination of Contract due to National Emergency C7-7 (6) C7-7.14 Suspension or Abandonment of the Work C7-7 (6) and Annulment of the Contract: C7-7.15 Fulfillment of Contract C7-7 (8) C7-7.16 Termination for Convenience of the Owner C7-7 (8) C7-7.17 Safety Methods and Practices C7-7 (11) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement Of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) C8-8.3 Lump Sum _ C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Accelitance C8-8 (3) C8-8.8 Final Payment C8-8 (3) C8-8.9 Adequacy of Design C8-8 (4) _ C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (4) C8-8.12 Miscellaneous Placement of Material C8-8 (4) y C8-8.13 Record Documents C8-8 (4) (4) PART C - GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION Cl-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained on the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items PART A-NOTICE TO BIDDERS (Sample) White PART B PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E- SPECIFICATIONS El-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A -NOTICE TO BIDDERS (Advertisement) same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PARTF - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) FOT..n.L'1 IU w'�10 C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes_binding upon the Bidder when it is officially received by the Owner,has been publicly opened and read and not rejected by the Owner. L C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a.duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, - constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance, with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Whenever there may be+a conflict between the General Conditions and the Special Conditions, the latter shall take precedence. . C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following: a. Performance Bond(see paragraph C3-3.7) b. Payment Bond(see paragraph C3-3.7) C. Maintenance Bond(see paragraph C3-3.7) d. Proposal or Bid Security(see Special Instructions to Bidders, Part A and C2-2.6) Cl-1 (2) f C1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing-changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which .is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY-COUNCAL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting Cl-1 (3) directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, supplying labor and materials or only labor, for the work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. Cl-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. Cl-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 - C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's day January 1 2. M.L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Forth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: Cl-1 (4) AASHTO - American Association of State MGD - Million Gallons Highway Transportation Officials per Day ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second IAW - In Accordance With Min. - Minimum ASTM - American Society of Testing Mono. - Monolithic Materials % - Percentum AWWA - American Water Works R - Radius Association I.D. - Inside Diameter ASA - American Standards Association O.D. - Outside Diameter HI - Hydraulic Institute Elev. - Elevation Asph. - Asphalt F - Fahrenheit Ave. - Avenue C - Centigrade Blvd. - Boulevard In. - Inch CI - Cast Iron Ft. - Foot CL - Center Line St. - Street GI - Galvanized Iron CY - Cubic Yard Lin. - Linear or Lineal Yd. - Yard lb. - Pound SY - Square yard MH - Manhole L.F. - Linear Foot Max. - Maximum D.I. - Ductile Iron C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley-having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. Cl-1 (5) ' 4 C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley,roadway or other surface is any area except those.defined for"Paved Streets and Alleys." C1-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') back of the curb lines or four (`4) feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. C1-1 (6) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with Proposal form,which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and ".`Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement rgquired shall have been prepared by an independent certified 4 public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. 'phis statement must be current and no more than one (1) year old. In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten(10)percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been completed not more than five (5) years prior to the date on which Bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department proj ect. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents C2-2(1) C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other.means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of tha.Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, - explorations, and other data which are necessary for full and complete information upon which the.proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions - actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy . between price written in words and the price written in numerals, the price most s advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) y or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must.be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2(2) J of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied,by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal.opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2(3) C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if . they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which can not be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C) The bidderkbeing interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed' by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part"A" - Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(4) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the"amount of the bid. Until the ward of the contzact is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. + C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman-owned Business Enterprise (),VBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the the proposals were opened. C3-3 (1) C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if award is made, will be to the lowest and best responsive ;- bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: - a. PERFORMANCE BOND: A good and sufficient performance bond in the amount.of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials. This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made _z on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set - forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in the amount of not less than 100 percent of the amount- of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article C3-3 (2) J. 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56t1i Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in thecontract contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor.- No ontractor:No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed.by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list.for that company. Each bond shall be properly executed by both the Contractor and Surety Company. { Should any surety on the contract be determined unsatisfactory at any time by the Owner, f notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form_and legality by the City Attorney, and executed for the 4 Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his �. proposal, and the owner may annual the Award. By reason of the uncertainty of the market prices of material and labor, and.it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) a "' suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. The.filing of a proposal will be considered as acceptance of this provision by the Bidder. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractor's certificate of insurance for — approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property - Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with$2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). C3-3 (4) 2. Blasting, prior.to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation Lif excavation are performed adjacent to same). 4. Damage to underground utilities for$500,000. 5. Builder's risk(where above-ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not,less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than$100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and .his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall f irnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and C3-3 (5) performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth. Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, and claims that the City of Fort Worth or other claimant or.any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth- Dallas area. The name of the agent, or agents shall be set forth on all such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be 3 furnished to the Owner's{representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all C3-3 (6) appropriately signed and sealed, as applicable, by the Contractor's responsible offices with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be allowed for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (7) PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, the "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for any such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be part of the Contract Documents just as though they were originally written therein. C443 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than twenty-five (25) percent of the contemplated quantity of-such item. or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other parry be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4 (1) C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner,provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of(1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials entering permanently into the project, and (4) actual cost of insurance,bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10 percent of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work. The fee shall be full and complete compensation to cover the cost.of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts,bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work,prior to beginning such work. C4-4 (2) Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer-insists upon its performance, the Contractor shall proceed with the work after .making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item Q. Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five(5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for "Extra Work" whether or not initiated by a "Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are.known, unknown, foreseen or unforeseen at,that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C4-4.6 SCHEDULE OF OPERATION: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the Contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C44.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of the first monthly progress payment, the Contractor shall prepare and submit to the owner for approval six copies of the schedule in which the Contractor proposes to carry on activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Engineer. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. C4-4 (3) Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements and completion time. b. The construction progress shall be divided into activities with time durations of approximately fourteen days (14) days and construction values not to exceed$50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. _ e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen(14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals r 2. Submittal review periods. C4-4 (4) 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction(if applicable). 8. Final inspection. 9. Operational testing. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the -Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the owner finds the proposed plan not acceptable, he -may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with diligence as will insure its completion within the time specified. C4-4 (5) f PART C- GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. The Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the Contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequence or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. The Engineer shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written and deliver to both the owner and Contractor, a written request of the Contractor, render decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements other wise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard ies shown on the plans shall govern over.those shown in the specification, and quantit proposal. The Contractor shall not take advantage of any apparent error or omission in the C5-5 (1) Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor.shall be deemed to have - quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times, one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary-to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all tines have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act gas the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized `- representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas, and shall be subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across.which the project extends or the safety of the property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. - C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is } scheduled on a calendar-day or a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the C5-5 (2) discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather proof, so that documents will not be damaged by the elements. C5-5.7 CONTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or.markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be referred to and decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary tot he requirement s of the C5-5 (3) Contract Documents. The City Inspector will in no case act as superintendent or foreman i or perform-any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any x form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents of the Contract Documents, provided, however, should the Contractor object to any orders or instructions or the City Inspector, the Contractor may within six days make written appeal to the Engineer, for his decision on the matter in Controversy. C5-5.9 INSPECTION: The Contractor shall famish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the fmished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work,but should Work so'exposed or examined prove to be unacceptable, the uncovering or removing and replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK:All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at this expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specially provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost _ thereof may be deducted from any money due or to become due tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the function called for by the general design, be similar and of equal substance to that specified and be suited to the same use and C5-5 (4) g capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that -specified and indicating available maintenance service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such .other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employees by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing f agency by the Owner unless other wise specifically provided. The failure of the Owner to i make any tests of materials shall in no way relieve the contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on.the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt a inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information 4 available. Omission from, the inclusion of utility locations on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for C5-5 (5) f 3 7 i all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is .mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever,unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and/or L conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities,structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all utility companies at least forty-eight(48) hours in advance of construction including exploratory excavation if necessary. All - verification of utilities and their adjustment shall be considered subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location,time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's door knob. The tag shall be durable in composition, and in large bold letters shall say: C5-5 (6)