HomeMy WebLinkAboutContract 32303 CITY SECRETARY
CONTRACT NO.
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
r.
PHYSICAL PROTECTION SYSTEMS
Water Project No.: P163 -060163015140
Sewer Project No.:P173 -070173013142
FOR
THE CITY OF FORTH WORTH,TEXAS
2005
MIKE MONCRIEF CHARLES BOSWELL
MAYOR CITY MANAGER
_ FRANK CRUMB,P.E.
ACTING DIRECTOR,WATER DEPARTMENT
MAEBELL BROWN,P.E.
ACTING ASSISTANT DIRECTOR,WATER POLLUTION CONTROL
CHARLY ANGADICHERIL
ASSISTANT DIRECTOR OF WATER PRODUCTION
DAVID TOWNSEND,P.E.
FACILITIES ENGINEER
�• Prepared By:
CH2MHILL
CmMHILL
.. 309 W.7*Street,Suite 1020
Fort Worth,TX 76102
(817)870-1129 -
JRIRINAL
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/16/2005
DATE: Tuesday, August 16, 2005
LOG NAME: 60WOODROSE REFERENCE NO.: **C-20906
SUBJECT:
Authorize Execution of Contract with the Woodrose Company, Inc., for the Installation of Physical
Protection Systems for the Water Department
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with the
Woodrose Company, Inc., for the installation of Physical Protection Systems at various Water Department
facilities for $641,762.00.
DISCUSSION:
In November 2002, the Fort Worth Water Department completed a Vulnerability Assessment of its facilities
in conformance with requirements set out in the Public Health, Security and Bioterrorism Preparedness
and Response Act of 2002. The Vulnerability Assessment identified areas where security measures
should be enhanced at various Fort Worth Water Department facilities. These security mitigation and
enhancement programs were then prioritized based on their risk reduction capabilities and organized into a
multi-year improvement program.
On September 30, 2003, CH2M Hill was awarded an engineering contract to develop plans and
specifications for improvements identified as Priority 1 and 2 in the Vulnerability Assessment. These
improvements are designed to increase security by hardening the perimeters and access to critical
buildings and vaults at Fort Worth Water Department treatment plants and critical pumping stations.
The proposed contract with Woodrose Company, Inc., will include the installation of tamperproof fasteners,
hardened hasps, chain link fencing and gates, non-climb fencing, window guards, security louvers, welded
mesh partitions, metal door assemblies, door security hardware, grills and bollards.
The project was advertised for bid on April 7 and April 14, 2005. On May 12, 2005, the following bids were
received:
BIDDERS BID
Woodrose Company, Inc. $641,762.00
North Texas Contracting, Inc. $850,000.00
AUI Contractors, L.P. $897,000.00
Woodrose Company, Inc., is in compliance with the City's M/WBE Ordinance by committing to 41%
M/WBE participation. The City's goal on this project is 38%.
In addition to the contract amount, $25,670.00 is required for project management and $19,250.00 is
Logname: 60WOODROSE Page 1 of 2
required for project contingencies.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P163 541200 060163015140 $641,762.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: S. Frank Crumb (Acting) (8207)
Additional Information Contact: S. Frank Crumb (Acting) (8207)
Logname: 60WOODROSE Page 2 of 2
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
PHYSICAL PROTECTION SYSTEMS
Water Project No.: P163 - 060163015140
Sewer Project No.:P173 - 070173013142
FOR
THE CITY OF FORTH WORTH,TEXAS
2005
MIKE MONCRIEF CHARLES BOSWELL
MAYOR CITY MANAGER
FRANK CRUMB,P.E.
ACTING DIRECTOR,WATER DEPARTMENT
MAEBELL BROWN,P.E.
ACTING ASSISTANT DIRECTOR,WATER POLLUTION CONTROL
CHARLY ANGADICHERIL
ASSISTANT DIRECTOR OF WATER PRODUCTION
DAVID TOWNSEND,P.E.
FACILITIES ENGINEER
Prepared By:
CH2MHILL
CH2MHILL
309 W.7`'Street,Suite 1020
Fort Worth,TX 76102
(817)870-1129
V���
u'.DG
ADDENDUM NO. 1 Date: April 27,2005
TO THE CONTRACT DOCUMENTS
for the construction of
Physical Protection Systems
The City of Fort Worth,Texas
- To All Planholders and/or Prospective Bidders:
The following changes,additions, and/or deletions are hereby made a part of the Contract
Documents for the construction of Physical Protection Systems,dated February, 2005, as
fully and completely as if the same were fully set forth therein:
1. VOLUME 1 —SPECIFICATIONS
A. NOTICE TO BIDDERS
1. Change bid time from"2:00 p.m.,on Thursday,April 28, 2005,"to "2:00
p.m.,on Thursday,May 12,2005."
All Bidders shall acknowledge receipt and acceptance of this Addendum No. 1 in the
Proposal or by submitting the Addendum with the bid package. Proposals submitted without
acknowledgment or without this Addendum will be considered informal.
CH2M HILL
Sam Irrinki,P.E.
Project Manager
END OF SECTION
PSE OF Tfk s
.....................
��S. IRRINKI
v •...•84348
•..•.
SS�ONAI E�
182239.T1.SI April 27,2005
1 ADDENDUM NO. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
PHYSICAL PROTECTION SYSTEMS
Water Project No.: P163 - 060163015140
Sewer Project No.:P173—070173013142
FOR
THE CITY OF FORT WORTH,TEXAS
Issue for Construction
February 24,2005
• �/ S. IRRINKi.• :•.
. 923 ��� .Q... 84348 .. . /
�^• C�•'��' 90T'4�/CENS��'��� /
a iii SSS/ONN E ��
3`Prepared By:
CH2MHILL
40078 February 24, 2005
SECTION 00026
COVER SHEET Rev. 0
SECTION 00020—CONTRACT DOCUMENTS TABLE OF CONTENTS
Pages
Part A
Noticeto Bidders ........................................................................................................... 1
Special Instructions to Bidders........................................................................................5
Part B
Proposal ...........................................................................................................8
MWBE Section
MWBESpecifications.......................................................................................... 1
MWBE Utilization Form .......................................................................................4
MWBE Prime Contractor Waiver Form................................................................ 1
MWBE Good Faith Effort Form............................................................................3
MWBE Joint Venture Eligibility Form...................................................................3
MWBE Enterprise Ordinance Attachment 1................:...................................... 19
Part C
GeneralConditions............................................................................................58
Part CS
Supplementary Conditions ................................................................................ 12
Part D
SpecialConditions............................................................................................. 17
WageRates ........................................................................................................ 1
Part E
TECHNICAL SPECIFICATIONS
DIVISION 01 —GENERAL REQUIREMENTS
01000 General Technical Requirements...................01000-1 - 01000-10
01001 General Construction Requirements...............01000-1 - 01001-21
01110 Summary of Work...:...................................01110-1 - 01110-1
DIVISION 02—SITEWORK
02820 Fences and Gates.......................................02820-1 - 02820-9
DIVISION 03— NOT USED
DIVISION 04— MASONRY
04812 Glass Masonry Assemblies ............................04812-1 - 04812-9
DIVISION 05—METALS
05500 Metal Fabrications.........................................05500-1 - 05500-11
182239.T1.SI CONTRACT DOCUMENTS TABLE OF CONTENTS
Physical Protection Systems PAGE 00020-1
SECTION 00020- CONTRACT DOCUMENTS TABLE OF CONTENTS
DIVISION O6-NOT USED -
DIVISION 07-THERMAL AND MOISTURE PROTECTION
07900 Joint Sealants..............................................07900-1 - 07900-6
DIVISION 08-DOORS AND WINDOWS
08010 Door Schedule.............................................08010-1 - 08010-2
08110 Steel Doors and Frames.................................08110-1 - 08110-7
08210 Wood Doors.................................................08210-1 - 08210-7
08710 Door Hardware.............................................08710-1 - 08710-12
08800 Glazing.......................................................08800-1 - 08800-8
DIVISION 09-FINISHES
09915 Building Painting...........................................09915-1 - 09915-17
DIVISIONS 10 THROUGH 15-NOT USED
DIVISION 16- ELECTRICAL- NOT USED
DIVISION 17-INSTRUMENTATION - NOT USED
Part F
InsuranceForm .................................................................................................... 1
WorkersComp Form............................................................................................. 1
Performance Bond ................................................................................................ 2
PaymentBond....................................................................................................... 2
MaintenanceBond ................................................................................................ 2
Part G
Contract ............................................................................................................. 2
Part H
Construction Drawings (Bound Separately) ..........................................................
Appendix A
Project Sign
182239.T1.S1 CONTRACT DOCUMENTS TABLE OF CONTENTS
Physical Protection Systems PAGE 00020-2
PART A
NOTICE TO BIDDERS
PART A- NOTICE TO BIDDERS
Sealed proposals for the furnishing of all labor, materials, equipment and all necessary for
construction of the Physical Protection Systems, Water Department Project Number P163 —
060163015140 and sewer project number P173 - 070173013142, addressed to Purchasing
Manager of City of Fort Worth,Texas,will be received until 1:30 p.m.on the date of the bid opening,
at the Office of the Purchasing Manager, City of Fort Worth, located in the lower level of the
Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102.The bids will be publicly
opened and read aloud in the City Council Chambers at:
2:00 PM, April 28, 2005
The project includes site hardening including fences, bollards,window guards, security fasteners,
steel doors and frames at 11 sites. Special Contract Documents, including plans and detailed
specifications, have been prepared for this project and may be obtained from the office of
CH2M HILL 309 W.7t'Street,Suite 1020,Fort Worth,Texas 76102,Phone number(817)870-1129
or CH2M HILL DFW Office at 12377 Merit Dr., Suite 1000, Dallas, Texas 75251, Phone number
(972)980-2170.One set of documents will be provided to prospective bidders for seventy-five
dollars ($75).
General Contract Documents and Specifications for the Water Department projects,dated January
1, 1978,with the latest revisions, also comprise a part of the Special Contract Documents for this
project. Pre-qualification according to the Fort Worth Water Department Special Instructions to
Bidders is required.All bidders must be pre-qualified with the City of Fort Worth Water Department a
minimum of seven (7)days prior to the bid opening.
A pre-bid conference will be held at 1:30 p.m., April 15, 2005, at the South Holly Water Treatment
Plant Field Operations Conference Room, 1608 11th Avenue, Fort Worth, Texas 76102.
The City reserves the right to reject any and all Bids and waive any and all irregularities. No bid may
be withdrawn until the expiration of ninety(90)days from the date the Bids are received.
For additional information, please contact Sam Irrinki at CH2M HILL, Inc., at(972)980-2170.
Charles Boswell
City Manager
Martha Hendrix
City Secretary
Publication: April 7, 2005
April 14, 2005
A-1
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.
c) 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-2
The Water Department will review each pre-qualification submittal. From the financial
statement, the maximum bid limit will be based on amount of liquid assets times 10. The
expiration date for pre-qualification will be established as 15 months after the date of the
financial statement. The experience record will be reviewed and verified at the same time.
The following conditions 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
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-3
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
project.
5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the
Proposal, the City reserves the right to adopt the most advantageous construction
thereof to the City or to reject the Proposal.
6. BIDDER LICENSE: Prior to the award of contract to an out-of-state bidder, the
bidder shall be licensed to do business in the State of Texas. For licensing procedures,
contact the Texas Secretary of State Offices (Telephone Number 1-512-463-5555 or
1-900-263-0060)
7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues,
the City of Fort Worth will not award this contract to a nonresident bidder unless the
nonresident's bid is lower that the lowest bid submitted by a Texas resident bidder by
the same amount that a Texas resident would be required to underbid a nonresident
bidder to obtain a comparable contract in the state in which the nonresident `s
principal place of business is located.
"Nonresident bidder" means a bidder whose principal place of business is not in this
state,but excludes a contractor whose ultimate parent company or majority owner has
a place of business in the State of Texas.
This provision does not apply if this contract involves federal funds.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in
order for the bid to meet specifications. The failure of a nonresident contractor to do
so will automatically disqualify that bidder.
8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be
paid within forty-five(45)days after the completion and acceptance by the City.
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-4 01
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-5
VR�Y L CJ:7��I7-I,�,�L I�I'G7�,,,,,,���?�U•1�I
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-6
PART B
PROPOSAL
1P
PART B -PROPOSAL
TO: Charles Boswell Fort Worth,Texas
City Manager
Fort worth, Texas
PROPOSAL FOR: furnishing of all materials and equipment and labor and all necessary f
appurtenances and incidental work to provide a complete and operable project designated as:
City of Fort Worth Water Department
Physical Protection Systems
Project Number Water No. P163–060163015140
Sewer No. P173 - 070173013142
Pursuant to the foregoing Notice to Bidders, the undersigned Bidder, having thoroughly examined
the Contract Documents, including plans, special contract documents and the General
Specifications for Water Department Projects, sites of the project and understanding the amount of
work to be done, and the prevailing conditions hereby proposes to do all the work, furnish all the
labor, equipment and material, except as specified to be furnished by the City, which is necessary
to fully complete the work as provided in the plans and contract Documents and subject to the
inspection and approval of the Director of the City Water Department of the City of Fort Worth,
s
Texas; and binds himself upon acceptance of this proposal to execute a.contract and furnish an
approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any; as
may be required by the Contract Documents for.the performing and completing of the said work.
Contractor proposes to do the work within the time stated and for the following sums:
b.
UNIT PRICE BID SCHEDULE
Item Estimated Bid Unit Total Bid
is
No. Description Quanti Unit Price Price ,
1, Remove and discard existing 7100 LNFT18. 0 0 12 7 8 0 0
fence.Furnish and install new 6- — �—
feet chain link fence with Y-
barbed wire in same location for }
the unit price of:
eighteen dollars
and zero cents
2. Furnish and install secure hasp 20 EA5$ 10. 0 0 10200
for a hatch on a utility vault for
the unit price of:
five hundred ten dollars
and zero cents. a
n
'E
,f
;i
B-1
<4�
UNIT PRICE BID SCHEDULE
Item Estimated Bid Unit Total Bid
No. Description Quantity Unit Price Price
3. Furnish and install secure 150 LNFT1$ 8 0. 00 $ 270-00—
welded wire mesh cage
partitions (12-feet high)with
access gate around switchgear
for the unit price of: µ4,,
one h-undred e'i ghtydollars
and z e r a' cents.
4. Furnish and install interior 4000 SQFT 6$ 0 0 2� 4 0 0 0
mounted security window
guards-welded wire mesh grille,
hinged and removable, for
windows for the unit price of:
six ' - dollars
and zero cents.
5. Remove and discard existing 7 EA4$ 0 0 4. 0 0 $28028
glass double door(3'x Tx 1-
3/4"pair). Furnish and install
new steel frame, double door
with security glass panel and
door hardware for the unit price
of.
four thousand fourdollars
and zero cents
6. Remove and discard existing 2 EA5$ 000. 0 01$ 0 0 0 0
glass double door(3'4"x 7'x 1-
3/4"pair). Furnish and install
new steel frame, double door
with security glass panel and
door hardware for the unit price
of
five thousand dollars
and zero cents.
7. Remove and discard existing g EA3048.$ 00 $ 2 4 3 8 4
glass single door(3'.x Tx 1-
3/4"). Furnish and install new
steel frame, single door with
security glass panel and door
hardware for the unit price of:
hree thousand fort l,arsght
_ and zero cents.
B-2
I
LT
rfi
iar
t UNIT PRICE BID SCHEDULE
Item Estimated Bid Unit Total Bid
No. Descri tion Quantity Unit Price Price
F8. Remove and discard existing 1 EA2$ 6 00 0 02$ 6 00
door(3'x Tx 1-3/4"). Furnish
and install new wood frame,
single door and door hardware
for the unit price of
hundred
two thousand six dollars
and zero cents.
9. Furnish and install 6-inch 165 EA2$ 0 0 . 0 0 $ 33000
bollard for the unit price of
two hundred dollars
and z e r o cents.
10. Furnish and install 6-inch 20 EA2$ 5 3. 00 5 0 6 0
removable bollard(Field Locate)
for the unit price of:
.three i
two hundred fifty-dollars
and zero cents
11. Furnish and install flattened i0 EA6$ 0 0. 0 0 6000
expanded metal grate over
ventilation openings for the.unit
price of:
six hundred dollars
and zero cents
12. Furnish and install 7-feet high 1300 LNFT $ 57. 0074100
$
non-climb fence around
perimeter of the
chlorine/ammonia/sulfi rdioxide
storage areas for the unit price
of-
fifty-seven
ffifty-seven dollars
_ and zero cents.
13. Furnish and install non-climb 15 EA 1$ 400. 00 2$ 1000
fence swing gate(4-feet x 7-feet)
with hardware at the
chlorine/ammonia/sulfurdioxide
storage areas for the unit price
of-
one
fone thousand four-hundred
dollars
and zero cents.
B-3
' i
UNIT PRICE BID SCIIEDULE
Item Estimated Bid Unit Total Bid
No. Description Quantity Unit Price Price f
F
14. Furnish and install non-climb 3 EA1$ 7 0 0. 0 05$ 10 0
fence rolling gate (12-feet x 7-
feet)with hardware at the
chlorine/aznmonia/sulfurdioxide
storage areas for the unit price
of
one thousand seven
ed
-. dollars
and zero cents.
i
15. Furnish and install w-beam 1100 LNF r2$ 2 . 0 02 4$ 2 0 0
guard rail for the unit price of L
twenty-two. dollars
and zero cents
16. Furnish and install secure 30 EA $ 60. 00 $ 1800
fasteners on hatches for hand-
holes and valve vaults for the
unit price of
sixty dollars
and zero cents.
17. Furnish and install double layer 20 EA $ 230. 0 $4600
stainless steel security screening
for gooseneck vents on
clearwells for the unit price of.
two hundred thi rtydollars
and zero cents.
18. Furnish and Install 8-inch g EA200. 0 $$ 01 6 0 0
Ductile lion gooseneck vent on
clearwell(Field locate) for the
unit price of
two hundr#d dollars
and zero cents.
19. Furnish and install reinforced 1 EA1$ 2 0 0. 0 01$ 2 00
chain link fence 12-feet wide
single swing gate for the unit
price of
hundred
ont thousand two- dollars
and zero cents.
B-4
UNIT PRICE BID SCHEDULE
�ru Estimated Bid Unit Total Bid
�o.
Description Quantity Unit Price Price
D Furnish and install reinforced 3 EA1200 $$ 3600
chain link fence 24-feet wide
double swing gate for the unit
price of:
one thousand two dollars dollars
and zero cents.
l Furnish and install reinforced 1 EA9$ 950 950
chain link fence 12-feet wide
I rolling gate for the unit price of:
nine hundred-fift Collars
and zero cents.
2. Furnish and install reinforced 3 EA6.00 $ 1800$
chain link fence 4-feet wide r
pedestrian gate for the unit price:
six hundred dollars
and cents
23. Miscellaneous metal fabrications 120 SQFT60_ 7200$
for the unit price:
sixty dollars
and zero cents
124. Remove existing glass and 70 SQFT $307 $ 21490
furnish and install hollow glass
block on windows for the unit
price of
seven
three hundred dollars
and . zero cents
25. Remove existing glass transom 100 SQFr1$ 111$ 11100
and furnish and install masonry
brick(including insulation and
gypsum wall board for the unit
price of:
one hundred eleveigollars
and zero cents
26. Furnish and install one steel 1 EA2$ 2 0 02$ 2 0 0
frame bench(3 seats) for the unit
price of:
ed
twotthousand twohudoAars
_ and zero cents
f
B-5
T �;
}
°Ji UNIT PRICE BID SCHEDULE
Item Estimated Bid Unit Total Bid
No. Description Quantity Unit Price Price
27. Furnish and install barbed tape 200 LNFT $ 5 $ 1000-
obstacle
1000-
obstacle on chain link fence for
the unit price of-
f
ff iy e dollars
and zero
4 cents.
28. Furnish and install privacy 250 SQF'r $ 112750
screen on fence for the unit price
of
e l e v e n dollars
zero
and cents.
29. Mobilization,bonds, insurance, 1 LS14$ 0 0 0 0 $140000.
contractor's field office, and
demobilization for the lump sum
price of
thousand
one hhndedndoftyr dollars
and zero cents.
L 30. Painting of the bid items listed 1 LS14000 $$ 14000
above including doors and
frames,window guards,welded
L wire mesh grille,bollards, and
other miscellaneous items for
the lump sum price of.
Cfourteen thousand dollars
and zero cents.
L 31. All other direct,indirect, 1 LS $ 4000 $ 4000
consequential and/or
miscellaneous costs not included
Lin above bid items,but required
for completion of the project for
the lump sum price of:
Lfour thousand dollars
and cents.
1 Total of All Bid Prices (Sum of Items 1 through 31) $641762
dollars and cents
F
B-6
State of Residency: (Complete A or B below, as applicable:)
y
A. The principal place of business of our company is in
the State of
Lr Non resident bidders in the State of our principal place of
business,are required to be percent lower than resident bidders by state law.
A copy of the statute is attached.
Non resident bidders in the State of ,our principal place
of business, are not required to underbid resident bidders.
The principal place of business of our company or our parent company or majority
holder is in the State of Texas.
I(We), acknowledge receipt of the following addenda to the plans and specifications,all of the
provisions and requirements of which have been taken into consideration in preparation of the
foregoing bid:
Addendum No. 1 (Initials)_
Addendum No. 2 (Initials)
Addendum No:3 (initials)
Signature of Principal
f PrP-,; dent
J� Title or Position
Woodrose Company, Inc . .
Contractor
3531 Alta Mere Drive
Street
Fort Worth, Texas 7611¢
City, State Zip
Seal
If Bidder is Corporation 817-377-4477
Date:M sT i .2.00-5 Telephone Number
B-8 i
B-8
MWBE
-
SECTION
-
s
FOR�T�WORTH
7 City of Fort Worth
Minority and Women Business Enterprise Specifications
.. SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value of the contract is$25,000 or more,the MIWBE goal is applicable.
If the total dollar value of the contract is less than$25,000,the MIWBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business
.. Enterprises (M/1NBE)in the procurement of all goods and services to the City on a contractual basis. All requirements
and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid.
.� MNVBE PROJECT GOALS
The City's MBENIIBE goal on this project is 38 %of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's MMBE Ordinance by
either of the following:
1. Meet or exceed the above stated M/WBE goal,or
2. Good Faith Effort documentation,or;
3. Waiver documentation,or;
4. Joint Venture.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department,within the following times allocated, in order
•• for the entire bid to be considered responsive to the specifications.
1. Subcontractor Utilization Form,if goal is received by 5:00 p.m., five (5) City business days after the bid
met or exceeded: opening date,exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if participation is less than opening date,exclusive of the bid opening date.
stated goal:
3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form,if no M/WBE participation: opening date,exclusive of the bid opening date.
4. Prime Contractor Waiver Form,if you will received by 5:00 p.m., five (5) City business days after the bid
perform all subcontracting/supplier work: opening date,exclusive of the bid opening date.
5. Joint Venture Form,if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid
to met or exceed goal. opening date,exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,,WILL RESULT IN THE BID BEING CONSIDERED
NON-RESPONSIVE TO SPECIFICATIONS
Any questions,please contact the M/WBE Office at(817)871-6104.
Rev.5/30/03
rano 1 VI Y
VVOTi City of Fort Worth
Subcontractors/Suppliers Utilization Form
T:(1&ANY NANE: — — — Che"appli(abin block is Kleseribv prime;
py , Inc. .
NAME- NON-NVW/DBE
4t
Physical Protection Systems 810 DATE
May 12? 2005 _
1NrI E PMjBGt Genal: Pfte'a MAYBE Pralud UtellzzaUgw- CUECITNUMBER
P163 - 06016301514 0
y.ieYe Ili
(Total Bid Amount $641 , 762 . 00)
luentiry all subcontractors/suppliers you will use on this project
�
ky rC-t iI ies[ .d I fr1c�,�r.r l_;ii16 ff}�l_ '3C 1�4� T�(L51fed f E7�1 ho N!,c Fjb
f�lrl
r '_ I I rr, [Ivy { } t [I -i,c,;ir� rt 'PP C�Irrar s l'�li �'Tilrl �'df4/ �VFf ftt! iic'a'IR 'ifatr .
IL I I,lr' tti 1G 4.'_p tfti tint= F. Tlr�
3
' I`it' Jr l+� it I it ''= lC k:St[ � S1'i71+ . .i1Ftl'idi lY�lr:llI.Lol14 w0b1 -p r'�, iVV,Q6 Irrr71(!`' i1i Q �' iY11 E1p . '
�IPJ).f r.r.C_ � ac �Pod1 ��:14 II'r', . 1 ro` 4,�+otj-n. TtII_ I'hIe-rli4tinal l
•I '-''I'" d 'rIP��I I_'I" it ".if3f: iv d ( IUC.i -•
_r'�"�. .;�_[�51_�. �t4�4�s�', tis '{�k�..3ii'�t�S�s�?tis��t���f�±�'�+�11� t���gkF tri ��1
I l I f" f-111-1-+41 I' I .r,f��,�1P(S :�l7Fdlir df[Orl} -
listed toward meeting the project goal must be located in the nine (9) county marketplace or
dy doing business In the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Johnson,Collin,Dallas, Denton, Ellis,Kaufman and Rockwall counties.
e l Ilf �Iri` rl(� Il ! � � i - iP rr� r �4tr�r �'>ir,- rhe
ALL MMBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
tion means those firms,located or doing business at the time of bid opening within the Marketplace, that have
determined to be bonafide minority or women businesses by the North Central Texas Regional Certification
(NCTRCA), or the Texas Department of Transportation(TX DOT), highway division. Disadvantaged Business
rise (DBE)is synonymous-with Minority/Women Business Enterprise(M/WBE)..
? r r� s r> altiii ed, tip ,pr�rne_ ', rill t'�. al5rr�si a,FCvr th .3.Svlrlr6 { v lh N-Ii{ 3E fr t . + srrn5 ond
f at Qnf;� }5' ed
�.i)^ ,0)d.nPer:3ti,-)T!21 11C'. ic_ ile'i1 F_.r`
ed 45r)`Ii��:, 0ira�1_ Ti e M/W 1BE h;,Iriay se
rrllfl ,rir+ilec3r r,.,fJ1U'k+f7JE arm, Iru:ll dirt? fMl '��E a1,,51r f �r,P::r.3kr~f} I10 fuN. INiAIVIV F: -lihle
Ili rr7;i',' 11: e0111 k'_ frol'i 4lP r� ( �� � ' i i?bVTlt 1 f,[;�r rT{ r5 Ilfl� �^flll r.`rlly rr rt'11+?" Gr t kt f�Jf` Ifi
rid { rnr<trssic�rl tC-ime b ..ih 1U� WDE_a
Owl C n,!I Ike 1,:: se crzlerlt.:
�— — _
T
Rev.5/30103
FORTWORTH Page
4 .
Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-MIWBEs. are requ
Please list MIWBE firms first,use additional sheets if necessary.
Certification r=
(check one) s
,
'
SUBCONTRACTOR/SUPPLIER T �;:._,� RACTORI
N T - Detail Detail Na
Company Dame i pan Y
Address e W C X Subcontracting Work Supplies Purchased Dollar Amoun Address
Telephone/Fax r E E R oiephonefF
G T
A 01
Custom Fence Co. X X X Fence , wire mesh $200, 125 .0
t01 N. Rudd cage partitio
10 Box 967 pipe bollards
Burleson, TX 76097 guard rail
17-295-8811 "
-ax 817-295-3761
advanced Diversifiec X 4indow guards 31 , 760 .0
services, Inc . etal grate
461 W . Vickery qisc , metal
17-763-8223
-ax 817-763-9325
-j
Krelco Door and X X Doors 41 ,475 . 0
lardware Co, Hardware
,25 E. Lamar St .
Lherman , TX 75090
903-892-6191
ax 903-892-6822
exas Commercial X G.lass $ 2420.00
lass Concepts
HO Box 2048
Weatherford , TX 760 6
17-594-4477
ax 817-594-4484
rte,
reed Construction , I c . Masonry work $ 4500 .00
.105 Huntington Tr.
Mansfield, TX 7.6063 X X
-82-518-8835
ax 682-518-8836
Landscape Forms , In . X Steel Bend $ 1625 .00 -
431 Lawndale Ave .
alamazoo, MI 49001
..00-321-2546
Fax 269-381-3455
Rev.
ORT WORTH Page
Primes are required to identify ALL subcontractorstsuppliers,regardless of status;i.e.,Minority,Women and non-MMBEs. are requ
Please list MNVBE firms first,use additional sheets if necessary.
Certificationgot.(check one).
�USCONTRACTGRISU^PPUER 7 RACTDRt
N T Detail Detail an Na
Company Name I p Y
Address e M W C X ` Subcontracting Work Supplies Purchased Dollar Amount Address
Telephone/Fax r B B R 0 nz lephone/F
C T
A
urt & Associates , Irc . X Painting $ 7535 .00
2513 Weisenberger ( 10 )
PO Box 470143
Fort Worth, TX 7614
17-877-0096'
ax 817-334-0663
S & J Electric X X X Electrical $ 19,293 .0
PO Box121516 ground work
ort. Worth , TX 76121
817-560-0000
pax 817-560-0555
Rev.
FoRTWORTH rays r
I Total Dollar Amount of MfW BE Subcontractors/Suppliers $ 265,393.00
Total Dollar Amount of Non-MIWBE Subcontractors/Suppliers $ 43, 340 .62 ,
,E CON
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 308 ,733 . 62 1ECT
e Contrac#oe wlt dotdtls��nrtfot4tt _ M/wEftots; oscertieTh
rtat : p,
ot` to ltiknorrfiy ands 1 ss E 'M ise OW,lictes�g e
a _ 'S x ' x .fir x` ,ci,
/--- wi— -,fo PP orra �I st e art •or r �eVio
KA
an
COitrac ands and t e e�trac, lttie;taro t5rjtlfrlot c arm
allurlaifide#al -trarr0este;ccd �frc�to e br
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon requ
complete and accurate information regarding actual work performed by all subcontractors, inclu
MMIDBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit an
examination, of any books, records and files held by their company. The bidder agrees to allow .0
transmission of interviews with owners, principals, officers, employees and appli
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual P#
performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City.
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or deba
from City work for a period of not less than three (3) years and for initiating action under Federal, Stat'
Local laws concerning false statements. Any failure to comply with this ordinance and create a mattE�
breach of contract may result in a determination of an irresponsible Offeror and barred from participatl Y°a
City work for a period of time not less than one (1)year.
dE
Frances 0 . Loyd s to
orized Signature Printed Signature a
A
President call=
TWO Contact Name/Title(if different)
�Ct R
.r
Woodrose Company, Inc . 817-377-4477/Fax 817-377-4410 oft
Company Name Telephone and/or Fax
PO Box 123260
franloyd@woodrosecompany .com rizec
Address E-mail Address
Fort Worth, Texas 76121-3260 June 6 , 2005 ;.
cuwstateop Date
" ny
` dies
"7State/
- Rev.
r�ry r
4
ATTACHMENT 1B
T O RT H Page 1 of 1
l
City of Fort Worth
Prime Contractor Waiver Form
ME COMPANY NAME: Check applicable block to describe
prime
Woodrose Company , Inc .
X MM/DBE NON-M/W/DBE
ECT NAME:
Physical Protection System BIDDATE-
May 12 , 2005
s M/WBE Project Goal: PROJECT NUMBER
P163 060163015140 P173 070173013142
= 0
38 %
oth answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on
V, s form must be completed and a detailed explanation provided, if applicable. If the answer to either question is
(A . ,then you must complete ATTACHMENT 1 C. This form is only applicable if iboth answers are yes.
F.
qUe
IL 1
'd
w tj fill you perform this entire contract without subcontractors? YES
i
yes,please provide a detailed explanation that proves based on the size and scope of this project, NO
- 'is is your normal business practice and provide an operational 2rofile of your business.
ill you perform this entire contract without suppliers? YES
a
yes,please provide a detailed explanation that proves based on the size and scope of this project,
is is your normal business practice and provide an inventory.profile of your business. X NO
e bidder further agrees to provide, directly to the City upon request, complete and accurate information .
garding actual work performed by all subcontractors, including M/WBE(s)on this contract,the payment therefore
d any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also
rees to allow an audit and/or examination of any books, records and files held by their company that will
bstantiate the actual work performed,by the M/WBEs on this contract, by an authorized officer or employee of
e City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or
barment from City workfor a period of not less than three (3)years and for initiating action under Federal;State `
Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of N.
ntract may result in a determination of an irresponsible offeror and barred from participating in City work for a
riod of time not less than one(1)year.
Frances 0. Loyd
Authorized Signature Printed Signature
President
"Title Contact Name(if different)
Woodrose Company , Inc . 817-377-4477 817-377-4410
_;Company Name Phone Number Fax Number
.L0 Box 123260 franloyd@woodrosecompany . com
;Address Email Address
Fort Worth , TX 76121-3260 May 18, 2005 .
:City/State/Zip Date
Rev.5130/03
ATTACHMENT 1C
Page 1 of 3
WORTH
City of Fort Worth
i
Good Faith Effort Form
COMPANY NAME: Check applicable block to describe
rime:
Woodrose .Company , Inc..
MNV/DBS NON-M/W/DBE
:CT NAME:
Physical Protection System BID DATEMay' 12 , 2005
BE Project Goal: PROJECT NUMBER
P163 060163015140 P173 07017301 142 .
� �. � e�, •�ra � c� lett }�•�� � �"i .�
ke, bidder 3s method of, compliance with the MMBE goal is based. upon demonstrfation of a
c d faith effort", the bidder will have the burden of correctly and accurately preparing and
b„lifting the documentation required by the City. Compliance with each item, 1 thru 6 below,
all satisfy the. Good .Faith Effort requirement absent. proof of* fraud, intentional and/or
o'�ing misrbpresentatior>4the,fact§v intentialdal.,discrtmirtatign,bit the bidder
I
. . �,: �.• ,: - . :yeti.. T.: ;_,�,,•;� .r • . ,. .•R• '� I
r_ .erase list each:and::eue►y;subcarttra tm,g:eanclLQr supplier;oppo,,. unity1 for the-cornple rt of this
project, regardless ofmhet4br itis to be provided by a.-M!{'BE or 1AM ES
!-”F'I MS` 'On Cd-m-b-nod Prdjeeta 'list"'each subcontraetin artd or 5upblier opportl�rfit'y`Yhiough the
tier: , . .. ..• . .. . . r �
(Use additional sheets,if necessary)
s
List of Subcontracting Opportunities List of Supplier Opportunities.
-'$ ils bollards. rdware l
l I
meta s steel bend
Rev.05/30/03
ATTACHMENT 1
Page 2 of
2.) Obtain a current(not more than three(3) months old from the bid open date) list of M/WBE pDll
subcontractors and/or suppliers from the City's MNVBE Office.
X Yes Date of fisting 4 / 12 / 05 leas(
No AfVVB.
3.) Did you solicit bids from MNYBE firms,within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are
opened?
F A X _X-Yes (If yes,attach MMBE mail listing to include name of firm and address and a dated copy of letter mailed.)
No
4.) Did you solicit bids from MNVBE firms,within the subcontracting and/or supplier areas previously.
listed, at least ten calendar days prior to bid opening by telephone,exclusive of.the day the bids are
opened?
Yes (If yes,attach list to include name of M/WBE firm, ep rson contacted,phone number and date and time of contact.) The b
_�L_No accur
therec
The b
files t
contrc
ny i
_ � u contra
partici
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location
plans and specifications in order to assist the MNVBEs? The u,
,_Yes Was/Wi
-No Attach)
6.) Submit documentation if MMBE quotes were rejected. The documentation submitted should be:: the Cit;
the forms of an affidavit, include a detailed explanation of why. the M/WBE was rejected and a
supporting documentation the bidder wishes to be considered by the City. In the event of a bona fi
dispute concerning quotes,the bidder will provide for confidential in-camera access to and inspecti Authoriz
of any relevant documentation by City personnel.
(Please use additional sheets,if necessary,,and attach. Titl
Company Name Telephone Contact Person Scope of Work Reason for Rejection
Viking Fence 2104026494 Stephen Neusc 2n tier Not low Compan
�. Tin Man Weldiiq 8175614724 Tracy Delce Metals Not low
Address
-----__
City/S as Et t
Rev.0513.
a
.NT 1 ATTACHMENT 1C
hof Page 3 of 3
�I)QITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
- W/WBE participation on this project.
IY Our website has a listing of the projects open for bids . All of our
-� correspondence list5 .our URL . In addition to the City of Fort Worth
listing, we sand faxes. to TXDOT, NCTRCA and WBC-SW minority- businesses .
This project was sent out by fax on two different dates to subcontractors .
;ly
,taet.> f
4The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this. contract, the payment
.thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
S terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
.. participating in City work for a.period of time not less than one (1)year. '3
The undersigned certifies that the information provided and the MMBE(s) listed
was/were contacted in good faith. it is understood that any MMBE(s) listed in
.Attachment 1C will be contacted and the reasons for not using them will be verified by
F be $the ity's MMBE Office
i a Frances 0. Loyd
ecti uthorized Signature Printed Signature
President
"Title Contact Name and Title(if different) '
in
.� Woodrose Company, Inc. 817-377-4477 8F7-377-4410
'CompanyName Phone Number Fax Number
Boa 123260 _franloyd@woodrosecompany .com
j Address Email Address
Fort Worth, TX 76121-3260 May 18 , 2005
City/State2ip Date
Rev.05/30/03
Joint Venture
Page 1 of 3
'PORT_ WORTH
CITY OF FORT WORTH
Joint Venture Eligibility Form
All questions must be answered,use"NA"ifapplicable.
Name of City project:
A joint venture form must be completed an each project
RFP/Bid/Purchasing Number:
1.Joint venture information:
Joint Venture Name:
Joint Venture Address:
(if applicable)
Telephone: Facsimile: E-mail address:
Cellular:
Identify the firms that comprise the joint venture:
Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the
joint venture
M/WBE firmNon-M/WBE
name: T firm name:
Business Address: Business Address:
City,State,Zip: City,State,Zip:
Telephone Facsimile E-mail Telephone Facsimile
Cellular Cellular
Certification Status: E-mail address
Name of Certifying Agency:
2. Scope of work performed by the Joint Venture:
Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE:
o Lo�
1101111111101or—
Joint Venture ...
Page 2 of 3
3.What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward
meeting the project goal?
4.Attach a copy of the joint venture agreement. ..
5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement)
Profit and loss sharing: •�
f
Capital contributions,including
equipment:
Other applicable ownership interests:
6.Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-to-day
management and decision making of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
a
Management decisions:
a. Estimating
---------------------------------------
b. Marketing and Sales
----------------------------------------------
c. Hiring and Firing of management
personnel
------------------ ----------------------------
d. Purchasing of major equipment
and/or supplies
Supervision of field operations
The City's Minority and Women Business Enterprise Office will review your joint venture submission and
will have final approval of the M/WBE percentage applied toward the goal for the project listed on this
form.
NOTE:
From and after the date of project award, if any of the participants,the individually defined scopes of work or the dollar
amounts/percentages change from the originally approved information, then the participants must inform the City's
M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and
may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance.
r.
Rev.5/30/03 '�
® Joint Venture
Page 3of3
AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material information
necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall
agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments
_ herein.
The City also reserves the right to request any additional information deemed necessary to determine if the joint
venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds
for termination of the eligibility process.
The undersigned agree to permit audits,interviews with owners and examination of the books,records and files
of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this
provision shall result in the termination of any contract, which may be awarded under the provisions of this joint
venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false
statements or willful misrepresentation of facts____-
-------------------------- -------
N ---------------------------------------------------
ame of M/WBE firm Name of non-M/WBE firm
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Title Title
Date Date
Notarization
State of County of
On this day of 120 ,before me appeared
.. and
to me personally known and who,being duly sworn,did execute the foregoing affidavit and did state that they were
properly authorized to execute this affidavit and did so as their free act and deed.
Notary Public
Print Name
Notary Public
Signature
Commission Expires (seat)
Rev.5/30/03
ATTACHMENT 1
TABLE OF CONTENTS
Subject Page No.
I. DEFINITIONS ....................................................................... 1
II. PURPOSE ........................................................................... 4
III. CERTIFICATION ................................................................... 4
IV. PROGRAM GOAL SETTING ................................................... 4
V. APPLICABLE CONTRACTS
1. CONSTRUCTION ............................................................... 5
MNVBE UTILIZATION REQUIREMENTS
COUNTING PARTICIPATION
PAYMENTS
RETAINAGE
2. PROFESSIONAL SERVICES .............. 8
...................................
MNVBE UTILIZATION REQUIREMENTS
COUNTING PARTICIPATION
PAYMENTS
3. PURCHASES ...................................................................... 10
MNVBE UTILIZATION REQUIREMENTS
COUNTING PARTICIPATION
PAYMENTS
BEST VALUE CRITERIA
VI. POST AWARD COMPLIANCE .................................................... 13
VII. CONTRACT MONITORING AND REPORTING .............................. 15
VIII. EXCEPTIONS AND WAIVERS ........................................... 16
IX. PROGRAM ADMINISTRATION ................................................... 16
X. SANCTIONS
XI. SEVERABILITY ........................................................................ 19
Minority and Women Business Enterprise Ordinance Attachment 1
Mft
ATTACHMENT I
I. DEFINITIONS:
Mft 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.
MR 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
BOB (TxDOT), highway division.
3. City means the City of Fort Worth,Texas.
4. City business day means Monday through Friday, inclusive, excluding legal holidays. Legal holidays shall be
observed as prescribed by the City Council for observance as follows:
New Year's Day January 1
M. L. King, Jr. Birthday Third Monday in January
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Thanksgiving Friday Fourth Friday in November
Christmas Day December 25
When one of the above named holidays falls on a Saturday, the holiday shall be observed on the preceding
Friday. When one of the above named holidays falls on a Sunday, the holiday shall be observed on the
following Monday.
5. Combined Projects means a construction contract, which includes paving and/or drainage elements of
construction and water and/or sanitary sewer construction elements, but does not include a standard water
and/or sanitary sewer contract where the pavement is temporarily or permanently repaired and that repair is not
a separate unit.
6. Construction means the erection, rehabilitation, alteration, conversion, extension, demolition, improvement,
remodeling or repair to any real property, including streets, storm drains and facilities providing utility service
owned by the City.
7. Contract means a binding agreement whereby the City either grants a privilege or is committed to expend or
does expend its funds or other resources for or in connection with a) construction of any public improvement,
and b)purchase of any services(including professional services). The term includes"purchase order".
8. Contract Officer means the person employed by the City to oversee the performance of the contract.
9. Contracting Department means the department responsible for payment of contract obligations.
10. Contractor means the business entity with whom the City has entered into an agreement. Includes the terms
"Vendor","Prime Contractor"and"Prime Consultant".
11. Goal means the percentage of minority business enterprise and/or women business enterprise participation on
.. an applicable project as determined by the City, based on the availability of such businesses in the marketplace
and the subcontracting/supplier opportunities of the project.
1
Minority and Women Business Enterprise Ordinance Attachment 1
12. Good Faith Effort means an honest and conscientious effort by the Offeror to meet the City's goal for M/WBE
participation. Compliance with each of the following steps shall satisfy the Good Faith Effort requirement
absent proof of fraud, misrepresentation, or intentional discrimination by the Offeror:
12.1. List each and every subcontracting and/or supplier opportunity for the completion of this project. On
combined projects list each subcontracting and/or supplying opportunity through the 2nd tier. ..
12.2. Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE
subcontractors and/or suppliers from the City's M/WBE Office.
12.3. Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least
ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened.
12.4. Solicit bids from MMBEs, 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 MNVBEs for a particular
subcontracting/supplier opportunity is ten or more,the Contractor must contact at least two-thirds of the list within such _
area of opportunity,but not less than ten,to be in compliance with 12.3 and 12.4.
12.5. Provide plans and specifications-or information regarding the location of plans and specification to
M/WBEs.
12.6. Submit documentation if 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. .r
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. SubcontracUSupplier Opportunity means an area where there is more than one M/WBE
•• subcontractor/subconsultant/supplier in the market place.
3
Minority and Women Business Enterprise Ordinance Attachment 1
38. Tier means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the
prime contractor to a subcontractor is considered 1'` tier, a payment by a subcontractor to its supplier is
considered 2"d tier. ..
39. Vertical Construction means construction of a facility. Facility means buildings the design and construction of
which are governed by accepted building codes. The term does not include: (A) highways, roads, streets, ..
bridges, utilities, water supply projects, water plans, wastewater plants, water and wastewater distribution or
conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of
projects associated with civil engineering construction or (B) builds or structures that are incidental to projects
that are primarily civil engineering construction projects.
40. Women Business Enterprise is defined as a qualified business concern located in the Marketplace or provide
proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests
for proposals, meeting the following criteria:
a. is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, ..
at least 51 percent of the stock is owned by one or more women; and
b. management and daily business operations are controlled by one or more women who own it.
II. PURPOSE:
The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing
the utilization of minority and women business enterprises above the present low level to one more comparable to
their availability in the Fort Worth Marketplace.
Specific goals shall be established in the areas of construction, professional services, and purchases of other
goods and services. A goal may be set on individual projects based on the type of work or services to be
performed, or goods to be acquired and the availability of minority and women businesses in the City's
Marketplace.
The City Manager shall recommend an annual goal for 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.
1
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.
i
III. CERTIFICATION:
The City will recognize M/WBE firms that are certified by the North Central Texas Regional Certification Agency
(NCTRCA) or Texas Department of Transportation (TX DOT), highway division. The firms shall be located in or
doing business in the Marketplace at the time of bid/proposal opening.
IV. PROGRAM GOAL:
A. A Citywide goal for the utilization of minority business enterprises (MBE) and women business enterprises •-
(WBE)shall be reviewed and approved annually by the City Council.
1. The City Manager shall conduct an analysis of the availability of 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 MNVBE in the identified subcontracting and/or materials opportunities in the Marketplace.
V. APPLICABLE CONTRACTS:
A. CONSTRUCTION PROJECTS
1. M/WBE UTILIZATION REQUIREMENTS
a. In addition to the requirements set forth elsewhere, bid conditions shall include a statement of the
M/WBE goal established for the project. The requirements below also apply to circumstances where
change orders or extra work give rise to new trade or vendor opportunities outside the original scope
of work ..
b. Bid conditions and all other specifications for applicable contracts to be awarded by the City shall
require that Offerors make a good faith effort (GFE) to subcontract with or purchase supplies from
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 MNVBE requirements and
documentation in the bid specifications. M/WBE documentation consists of the SPECIAL
INSTRUCTIONS TO BIDDERS, the SUBCONTRACTOR UTILIZATION FORM, the PRIME
CONTRACTOR WAIVER FORM,the GOOD FAITH EFFORT FORM,and the JOINT VENTURE
FORM.
a) Competitive bids where the Offeror equals or exceeds the project goal must submit the
SUBCONTRACTOR UTILIZATION FORM or the JOINT VENTURE FORM.
b) Competitive bids where the Offeror does not have subcontracting and/or supplier opportunities
must submit the PRIME CONTRACTOR WAIVER FORM.
c) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but does
_ not include M/WBE participation in an amount which equals or exceeds the project goal, must
submit the SUBCONTRACTOR UTILIZATION FORM and the GOOD FAITH EFFORT FORM
(GFE)and documentation.
d) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but do not
include any M/WBE participation must submit the SUBCONTRACTOR UTILIZATION FORM
and the GOOD FAITH EFFORT FORM and documentation.
5
Minority and Women Business Enterprise Ordinance Attachment 1
02. The Offeror shall submit the SUBCONTRACTOR UTILIZATION FORM and/or the GOOD
FAITH EFFORT FORM or the PRIME CONTRACTOR WAIVER FORM, or the JOINT
VENTURE FORM ("and documentation") as appropriate. The Managing Department 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 counted 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 MNVBE 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 MNVBE 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 MNVBE goal only when the MNVBE supplier performs a
commercially useful function. A MNVBE 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 MNVBE 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 MNVBE
credit. The MNVBE may lease trucks from non-MNVBEs, 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 MNVBE 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 MNVBE requirements and documentation,shall render the Offeror non-responsive.
02. The MNVBE involved in the joint venture must be responsible for a clearly defined portion of the
work to be performed, equal to a share in the ownership, control, knowledge, management,
responsibility, risks,and profits of the joint venture.
k. Except for joint ventures, the prime contractor (regardless of their M/WBE status) and any work
performed by the prime contractor is not counted toward meeting the M/WBE contract goal and is not
considered when determining compliance with this ordinance.
•• I. An Offeror may not count toward its goal any arrangement with an 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 MNVBE 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 no 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
payment by the City.
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
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. 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 MNVBE participation, the type of
work to be performed by the M/WBE, 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 MNVBE PARTICIPATION
MNVBE participation shall be counted toward meeting the goal in accordance with the following provisions:
a. For the purpose of determining compliance with the goal requirements established in this ordinance,
businesses will be counted as 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 MNVBE
participation, starting the next City business day following the day the written notification was
received from the Managing Department.
03. Evidence of the additional certified/certifiable 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 MNVBE represents standard
industry practice, if the arrangement erodes the ownership, control or independe "e`o #tie Tv17V1lPE or
Minority and Women Business Enterprise Ordinance Attachment 1
am
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 M/WBE 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 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.
g. Except for joint ventures, the prime consultant (regardless of their M/WBE status) and any work
performed by the prime consultant is not counted toward meeting the M/WBE 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 M/WBE that is nepotism or where
an M/WBE has been a recent employee(less than one year)of the Offeror.
i. 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:
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 prime 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
M/WBE 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
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. 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
s
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 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 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
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 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
an 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 an M/WBE 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 also 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 M/WBE 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 M/WBEs.
VI, 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 M/WBE
participation identified in the bid, proposal or contract shall be reviewed by the M/WBE Office to determine
whether such change or deletion is justified in accord with paragraphs 3 and 4 immediately below. Any
unjustified change or deletion shall be a material breach of contract and may result in debarment in accord
with the procedures outlined in this ordinance.
.3. Following the date and time of bid/proposal opening,the contractor shall:
a. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the
bid, proposal or during negotiation, without prior submission of the proper documentation for review
and approval by the M/WBE Office.
13
Minority and Women Business Enterprise Ordinance Attachment 1
i
b. Shall submit a detailed explanation of 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
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
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
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 MIWBE 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:
14
Minority and Women Business Enterprise Ordinance Attachment 1
a) Request bids from all M/WBE subcontractors previously submitting bids for the work,
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:
15
Minority and Women Business Enterprise Ordinance Attachment 1
am
A. The MNVBE 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
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 MNVBE 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 MNVBEs, 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 annual 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.
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 1 B) is submitted if the Offeror will perform the entire contract
without subcontractors or suppliers.
i
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 MNVBEs
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.
an
16
ow
Minority and Women Business Enterprise Ordinance Attachment 1
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.
$-3
IX. PROGRAM ADMINISTRATION:
A. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution
I o. 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
i contracting opportunities no less than 28 days before bids are due;
b. All applicable contract solicitations shall include the requirements contained in this ordinance;
r
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,
17
Minority and Women Business Enterprise Ordinance Attachment 1
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.
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 MNVBE 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 time 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
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.
18
Minority and Women Business Enterprise Ordinance Attachment 1 WOVEW
_
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.
9. The appeal will be placed on the City Council agenda within thirty(30)days from receipt of written notice,
unless Offeror requests an extension in writing.
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 MIWBE 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.
19
ILA
PART C
GENERAL CONDITIONS
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 C1-1 (2)
C1-1.3 Notice to Bidders C1-1 (2)
C1-1.4 Proposal Cl-1 (2)
C1-1.5 Bidder C1-1 (2)
C1-1.6 General Conditions C1-1 (2)
C1-1.7 Special Conditions C1-1 (2)
C1-1.8 Specifications C1-1 (2)
C1-1.9 Bonds C1-1 (2)
C1-1.10 Contract C1-1 (3)
C1-1.11 Plans Cl-1 (3)
C1-1.12 City C1-1 (3)
C1-1.13 City Council C1-1 (3)
C1-1.14 Mayor C1-1 (3)
- C1-1.15 City Manager C1-1 (3)
Cl-1.16 City Attorney Cl-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)
C1-1.21 Sureties C1-1 (4)
C1-1.22 The Work or Project C1-1 (4)
C1-1.23 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 C1-1 (5)
C1-1.28 Paved Streets and Alleys C1-1 (5)
Cl-1.29 Unpaved Streets or Alleys C1-1 (6)
C1-1.30 City Street C1-1 (6)
C1-1.31 Roadway C1-1 (6)
C1-1.32 Gravel Street C1-1 (6)
C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL
C2-2.1 Proposal Form C2-2 (1)
C2-2.2 Interpretation of Quantities C2-2 (1)
C2-2.3 Examination of Contract Documents and Site of Project C2-2 (2)
C2-2.4 Submitting of Proposal C2-2 (2)
(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 Execute 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 C44 (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-of-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)
C6-6.10 Work Within Easements C6-6 (5)
C6.6.11 Independent Contractor C6-6 (6)
C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (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 Acceptance 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)
C8-8.13 Record Documents C8-8 (4)
(4)
.. PART C -GENERAL CONDITIONS
C1-1 DEFT ITIONS
SECTION C1-1 DEFINITIONS
C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the
following terms or pronouns in place of them are used, the intent and meaning shall be
understood and interpreted as follows:
C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written
and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern
the terms and performance of the contract. These are contained on the General Contract
Documents and the Special Contract Documents.
.. a. GENERAL CONTRACT DOCUMENTS: The General Contract
Documents govern all Water Department Projects and Include the
following Items
PART A-NOTICE TO BIDDERS (Sample) White
PART B -PROPOSAL (Sample) White
PART C - GENERAL CONDITIONS (CITY) Canary Yellow
(Developer) Brown
PART D - SPECIAL CONDITIONS Green
PART E- SPECIFICATIONS E1-White
E2-Golden Rod
E2A-White
PERMITS/EASEMENTS Blue
PART F-BONDS (Sample) White
PART G- CONTRACT (Sample) White
b. SPECIAL CONTRACT DOCUMENTS: The Special Contract
Documents are prepared for each specific project as a supplement to the
General Contract Documents and include the following items: '
PART A-NOTICE TO BIDDERS (Advertisement) same as above
PART B -PROPOSAL (Bid)
PART C - GENERAL CONDITIONS
PART D - SPECIAL CONDITIONS
PART E- SPECIFICATIONS
PERMITS/EASEMENTS
PART F-BONDS
PART G-CONTRACT
PART H -PLANS (Usually bound separately)
C1-1 (1)
C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published
in public advertising mediums or furnished direct to interested parties pertaining to the
work contemplated under the Contract Documents constitutes the notice to bidders.
C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to
perform the work which the Owner desires to have done, together with the bid security,
constitutes the Proposal, which becomes binding upon the Bidder when it is officially �-
received by the Owner,has been publicly opened and read and not rejected by the Owner.
C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association,
corporation, acting directly or through a duly authorized representative, submitting a
proposal for performing the work contemplated under the Contract Documents,
constitutes a bidder.
C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction
and contract requirements which govern the performance of the work so that it will be
carried on in accordance with the customary procedure, the local statutes, and
requirements of the City of Fort Worth's charter and promulgated ordinances.
Whenever there may be a conflict between the General Conditions and the Special
Conditions,the latter shall take precedence. .
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 -R
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)
C1-1 (2)
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.
CI-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of
Fort Worth, Texas.
C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem
i` 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.
CI-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
C1-1 (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 E
set forth in the Contract Documents and approved changes therein.
C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and
covered by the Contract Documents, including but not limited to the furnishing of all
labor, materials, tools, equipment, and incidentals necessary to produce a completed and
serviceable project.
C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including
Saturdays, Sundays, and legal holidays, in which weather or other conditions not under i
the control of the Contractor permit the performance of the principal unit of work for a
period of not less than seven (7)hours between 7:00 a.m. and 6:00 p.m., with exceptions _
as permitted in paragraph C7-7.6
C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days
being excepted.
C1-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the
City Council of the City of Fort Worth for observance by City employees as follows:
1. New Year's day January 1 •�
2. M.L. King,Jr. Birthday Third Monday in January
3. Memorial Day Last Monday in May
4. Independence Day July 4
5. Labor Day First Monday in September
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:
C1-1 (4)
.o
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
a MH - Manhole L.F. - Linear Foot
Max. - Maximum D.I. - Ductile Iron
Cl-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.
C1-1 (5)
PM
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-I (6)