Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 29551
i EXECUTED CITY MPI 3181018 COPY -_ •SECRETARY CONFORMED CITY SECRETARY FORT WORTH CONTRACT NO. V WATER SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF VILLAGE CREEK WASTE WATER TREATMENT PLANT PHASE I ODOR CONTROL IMPROVEMENTS PROJECT NO. PE-42-070420160120 Prepared for Fort Worth Water Department AS BID SPECIFICATIONS January, 2004 IRNI 000, V V Sti� �:��V�1LJ ' 9pC'% G?E%iIS 7W g�, City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/20/2004 DATE: Tuesday, January 20, 2004 LOG NAME: 600DOR REFERENCE NO.: **C-19944 SUBJECT: Award of Contract to Archer Western Contractors, Ltd. for the Construction of Village Creek Wastewater Treatment Plant Odor Control Improvements, Phase 1 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Archer Western Contractors, Ltd. in the amount of $4,362,000 for Village Creek Wastewater Treatment Plant Odor Control Improvements, Phase 1. DISCUSSION: On August 23, 2003 (M&C C-19732), the City Council authorized an engineering agreement with Malcolm Pirnie, Inc. for the design of Odor Control Improvements for the Village Creek Wastewater Treatment Plant. The facilities constructed in this project will include two organic media odor control bio-filters, one for the new screenings facility, and one for the new gravity belt thickener building and four adjacent existing sludge thickeners. This project was advertised for bid on October 16 and 23, 2003. On November 20, 2003, the following bids were received: BIDDER AMOUNT DATE OF SUBSTANTIAL COMPLETION Archer Western Contractors, Ltd. $4,362,000 June 30, 2004 Cajun Constructors, Inc. $4,658,000 In addition to the contract cost, $130,860 is required for contract contingency. Archer Western Contractors, Ltd. is in compliance with the City's MI BE Ordinance by committing to 21% M/WBE participation. The City's goal on this project is 21°to. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the State Revolving Sewer Fund. Logname: 600DOR Pap-e 1 of 2 TO Funul/Account/Centers FROM Fund/Account/Centers PE42 541300 070420160120 $4.362.000.00 Submitted for City Manager's Office by-. Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) Logname: 60ODOR Page 2 of 2 001,.. City of Fort Worth Village Creek Odor Control-Ph se ADDENDUM NO. 1 PZE of re+ November 3, 2003 ..•ROBERT GENE-MCGULLUM ....................... 61453 0 S l f R�•'\?4 Attention All Bidders: SSraNA The following changes, and/or deletions to the Contract Documents are hereby made a part of the Contract Documents for the above referenced project as fully and as completely as though the same was included therein. This addendum shall be acknowledged on the Bid Form. This Addendum No. 1 includes clarifications and/or changes to the Contract Documents for the City of Fort Worth Village Creek Wastewater Treatment Plant — Phase I Odor Control Improvements Project (PE-42-070420160120). This addendum does not modify the bid date. SPECIFICATIONS: Part B: 1. Page B-7. Replace last paragraph to read as follows: "The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and be substantially complete by June 30, 2004 and have final completion done by July 31, 2004 as set forth by the written work order to be furnished by the Owner." Division 11' 2. Page 11065-10, 2.6 CONTROLS. Revise Paragraph B. to read as follows: "Controls shall have a minimum of four (4) field adjustable floats, each with 20 feet of electrical cable secured to a flange mounted support pipe." 3. Page 11330-1, B GENERAL. Revise Paragraph 4 to read as follows: "Odor control fan appurtenances will be located in outdoor and corrosive areas. All electrical equipment and material shall conform to NEMA 4 X, corrosion resistant requirements. Electrical appurtenances, panels, conduit, etc shall conform to the requirements of Division 16- ELECTRICAL." Division 13' 4. Page 13605-6, 3.2 LOOP DESCRIPTIONS. Revise Paragraph B2.c to read as follows: "The sump pump station is locally automatically controlled from level bulbs in the sump. Pump status and a common trouble alarm are sent to the PLC and indicated on the HMI." 5. Page 13620-7, 2.3 PRESSURE, LEVEL TRANSMITTERS/ DIFFERENTI FLOW TRANSMITTERS. Revise Paragraph C.7.a. to read a follows: "a. Anderson Greenwood Model M4T, b. Or Equal." Revise Paragraph C.9.a"asfollows: Rosemount Model 3051.". Addendum No. 1 A-1 , City of Fort Worth Village Creek Odor Control-Phase I 6. Page 13620-9, 2.5 MAGNETIC FLOWMETERS, c. Flow Transmitter. Add the following paragraphs: "11. Manufacturers, a) ISCO UniMag Multi-Sensor,b) Or Equal." 7. Page 13620-14, 3.3 SPARE PARTS AND TEST EQUIPMENT. Revise Paragraph A.l.d.3)to read as follows: "3) Transcat ALTEK Tech Check 820 Process Calibration." 8. Page 13650-6, 1.9 ELECTRICAL SYSTEMS, B. Internal Electrical Wiring and Accessories.Revise Paragraph 1 to read as follows: "Unless otherwise specified, internal wiring shall be Type MTW tinned stranded copper wire with insulation rated for 600VAC at 85C for single conductors color coded and labeled with wire identification." 9. Page 13650-14, 2.9 SPARE REPLACEMENT UNITS AND PARTS. Revise paragraphs A. to read as follows: A. Spare replacement instruments and components shall be provided for the panel mounted devices as follows: 1. Two (2) spare control relays of each type used as specified in Part 2.5 of this section. 2. One (1) spare time delay relay as specified in part 2.6 of this Section. 3. Two (2) spare current to current transmitter as specified in Part 2.4 of this Section. 4. One (1) spare 24 VDC power supply as specified in Part 3.3 of this Section. 5. 12 spare lamps (bulbs or LEDs) for each type and color used in the system. 6. 12 spare fuses for each size and type of fuse used in the system. Division 16• 10. Page 16117-3,3.1 INSTALLATION. Revise Paragraph E to read as follows: "E Sump: Provide a 18-inch X 18-inch X 6-inch sump in floor for locating the sump pump." 11. Page 162121-2,2.1 MATERIALS. Revise Paragraph A.1.Material to read as follows: "1. Material : Single or multi-conductor tinned copper cable conforming to ASTM B3 and B8 with flame—retardant, moisture and heat resistant thermoplastic insulation rated 90 Deg C in dry locations and 75 Deg C in wet locations and listed by UL as type THHN/THWN." 12. Page 16124-12.1 MATERIALS. Revise Paragraph Al to read as follows: "1. Bare soft annealed tinned copper, 7 strand, PVC insulated conductors, #18 AWG minimum, twisted with aluminum-polyester shield, stranded tinned 20 AWG copper drain wire and PVC outer jacket. Rated for 600 volts. UL listed for cable tray use, sunlight resistant." Revise paragraph B.1 to read as follows: "1. Bare soft annealed tinned copper, 7 strand, PVC insulated conductors, #18 AWG minimum, twisted in pairs/triads with aluminum-mylar shield over each pair/triad, silicone rubber fiberglass fire barrier tape, tinned copper drain wire, aluminum mylar Addendum No. 1 A-2 November 3,2003 0001. City of Fort Worth Village Creek Odor Control-Phase I overall shield, PVC outer jacket. Rated for 600 volts. UL listed for cable tray use, sunlight resistant." DRAWINGS• CIVIL: 13. Sheet C20. CIVIL MISCELLANEOUS DETAILS V. Add the attached Detail 5 - BOLT DOWN MANHOLE FRAME AND COVER. ELECTRICAL: 14. Sheet E14. ELECTRICAL SCHEMATICS II. Replace "SCHEMATIC 4 LEACHATE COLLECTION SUMP PUMP STATION" with the attached "FIGURE E14A REVISED LEACHATE COLLECTION SUMP PUMP STATION CONTROL SCHEMATIC." 15. Sheet E6. ELECTRICAL SCREENINGS FACILITY AREA. SECTIONS AND DETAILS.Replace Panel MPC-1 Schedule with the attached"FIGURE E6A". 16. Sheet E8. ELECTRICAL-GBT AREA, ONE LINE DIAGRAM MODIFICATIONS TO MCC-GBT. Replace Panel MPC-2 Schedule with the attached Aw•.- "FIGURE E8A." Obl- Addendum No. 1 A-3 November 3,2003 At", City of Fort Worth Village Creek Odor Contro - hase I ADDENDUM NO. 2 Pt E OF TE+9s November 7, 2003 ..... •••- • •ROBERT GENE McCOLLUM ....................... y 61453 _�? �•.�lSTC� .•�� Attention All Bidders: SS/Z •E`'` The following changes, and/or deletions to the Contract Documents are hereby made a part of the Contract Documents for the above referenced project as fully and as completely as though the same was included therein. This addendum shall be acknowledged on the Bid Form. This Addendum No. 2 includes clarifications and/or changes to the Contract Documents for the City of Fort Worth Village Creek Wastewater Treatment Plant — Phase I Odor Control Improvements Project (PE-42-070420160120). This addendum does modify the bid date to November 20', 2003. M/WBE GOAL 1. The OWNWER's M/WBE goal for this project will 21%. SPECIFICATIONS: Division 15• 2. Page 15900-7, 2.2 FIBERGLASS REINFORCED PLASTIC (FRP) DUCTWORK AND ACCESSORIES, Paragraph G. Add the following to the list of manufactures: Belco Manufacturing Company,Ameron International, and Smith Fibercast Company. DRAWINGS: MECHANICAL: 3. Sheet M15. MISCELLANEOUS DETAILS I. Add the attached detail information in Figure M15A to Detail 3 on Sheet M15,TYPICAL DUCT SUPPORT DETAILS. Addendum No. 2 A-1 November 7,2003 City of Fort Worth Village Creek Odor Contro Pha I ADDENDUM NO.3 5 PtE OF rE+'r November 14, 2003 • •• ' ROBERT GENE'McCOLLUM ....................... 61453 •: o•••9F� qty•�4, �'. SIE � Attention All Bidders: The following changes, and/or deletions to the Contract Documents are hereby made a part of the Contract Documents for the above referenced project as fully and as completely as though the same was included therein. This addendum shall be acknowledged on the Bid Form. This Addendum No. 3 includes clarifications and/or changes to the Contract Documents for the City of Fort Worth Village Creek Wastewater Treatment Plant — Phase I Odor Control Improvements Project (PE-42-070420160120). This addendum does not modify the bid date of November 20'h, 2003. PART B-PROPOSAL 1. Page B-1. Delete Project Number PW-42-070420160120. Replace with PE-42- 070420160120 in Proposal. PART G- CONTRACT 2. Page G-1. Delete Project Number PW-42-070420160120. Replace with PE-42- 070420160120 in Contract. TECHNICAL SPECIFICATIONS: DRAWINGS• CIVIL: 3. Sheet C10. GBT AREA SITE GRADING AND PAVING PLAN. a Detail callout on legend on showing hatch pattern for reinforced concrete sidewalk pavement should refer to the Concrete Sidewalk Detail No. 1 on Sheet C17, Miscellaneous Details II. Delete reference to 4" pavement thickness in legend description. Replace with 5"thickness instead. b 4" sidewalk detail called out in the middle of the page should refer to detail callout No.l on Sheet C17, Miscellaneous Details II. Replace 4" thickness with 5"thickness as per 3 (a) above. 4. Sheet C16.GBT AREA SITE GRADING AND PAVING PLAN. a. Detail references are correct as shown. Addendum No.3 A-] November 14,2003 City of Fort Worth Village Creek Odor Control-Phase I b. The Temporary Gravel Parking Area/Drive Detail on Sheet C116, Miscellaneous Details I) applies, in general, to the temporary drives & construction entrance(s) (reference Sheet C3, Screenings Facility Area Site Grading and Paving Plan & Sheet C9, GBT Area Site Plan) for construction areas as well as parking for the staging areas—(reference Sheet Cl, Key Map and Construction Staging Area). Specification Section 01550, Access Roads and Parking, documents additional information. STRUCTURAL: 5. Sheet 520. TYPICAL DETAILS V. Details 1 and 2. Add the additional information/modifications to Details 1 and 2 as shown in sketches SK-1 and SK-2 respectively. Addendum No.3 A-2 November 14,2003 ovh� City of Fort Worth TABLE OF CONTENTS Water Department Village Creek WWTP Phase I—Odor Control Improvements CITY OF FORT WORTH WATER DEPARTMENT VILLAGE CREEK WWTP PHASE I ODOR CONTROL IMPROVEMENTS PROJECT PROJECT NO. PE-42-070420160120 TABLE OF CONTENTS Part NOTICE TO BIDDERS A Notice to Bidders Special Instructions to Bidders TWDB Contract Conditions (ED-4) PROPOSAL B Proposal Contractor's Act of Assurance (ED-103) Contractor's Act of Assurance Resolution (ED-104) MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS GENERAL CONDITIONS C Definitions Interpretation and Preparation of Proposal Award and Execution of Documents Scope of Work Control of Work and Materials Legal Relations and Public Responsibility Prosecution and Progress Measurement and Payment SUPPLEMENTARY CONDITIONS CS SPECIAL CONDITIONS D r 3181018 00010-1 City of Fort Worth TABLE OF CONTENTS Water Department Village Creek WWTP Phase I—Odor Control Improvements TECHNICAL SPECIFICATIONS E Division 1 - General Requirements 01010 Summary of Work 01011 Use of Owner's Facilities 01015 Schedule of Completion 01020 Maintenance of Plant Operations and Sequence of Work 01025 Measurement and Payment 01026 Schedule of Values 01040 Project Coordination 01045 Cutting, Coring and Patching 01050 Field Engineering 01091 Reference Standards 01092 Abbreviations and Symbols 01210 Pre-Construction Conference 01220 Progress Meetings 01300 Submittals 01310 Construction Schedule { 01330 Survey Data 01340 Shop Drawing Procedures 01341 Samples 01342 Installation Data 01411 Testing Laboratory Services Furnished by Contractor 01511 Temporary Electricity 01512 Temporary Lighting 01514 Temporary Water 01515 Temporary Sanitary and First Aid Facilities 01516 Temporary Fire Protection 01526 Trench Safety System 01540 Security 01541 Protection of the Work and Property 01550 Access Roads and Parking Areas 01560 Environmental Controls 01567 Filter Fabric Fencing 01570 Maintenance and Protection of Traffic 01580 Project Identification and Signs 01592 Contractor's Field Office and Sheds 01610 Transportation and Handling of Products 01611 Storage and Protection of Products 01620 Installation of Equipment 01630 Substitutions 01655 Starting and Placing Equipment in Operation 01660 Field Tests of Equipment 3181018 00010-2 Aomb- City of Fort Worth TABLE OF CONTENTS Water Department Village Creek WWTP Phase I—Odor Control Improvements 01701 Warranty 01710 Cleaning 01720 Record Documents 01730 Operation and Maintenance Data 01731 Instruction of Operations and Maintenance Personnel 01750 Spare Parts and Maintenance Manuals Division 2 - Site Construction 02050 Demolition 02110 Clearing 02220 Excavation and Backfill 02230 Crushed Stone & Gravel 02521 Concrete Curbs and Sidewalks 02751 Concrete Paving 02753 Concrete Paving Curing 02776 High Density Polyethylene (HDPE) Geomembrane 02921 Topsoil 02932 Hydro-Mulch Seeding Division 3 —Concrete 03100 Concrete Formwork 03200 Concrete Reinforcement 03251 Concrete Joints 03300 Cast-in-Place Concrete 03600 Grout Division 4 -Masonry Not Used Division 5—Metals 05051 Anchor Bolts, Toggle Bolts, and Concrete Inserts 05120 Structural Steel 05501 Miscellaneous Metal Fabrications 05522 Aluminum Handrails and Railings Division 6- Plastics 06641 Polyvinyl Chloride Liner for Concrete 3181018 00010-3 City of Fort Worth TABLE OF CONTENTS Water Department Village Creek W WTP Phase I—Odor Control Improvements Division 7- Thermal And Moisture Protection Not Used Division 8 -Doors And Windows Not Used Division 9—Finishes 09900 Painting Division 10 - Specialties 10650 Biofilter Floor Plenum Installation 10651 Organic Biofilter Media 10952 Identification, Stenciling, and Tagging Division 11 -Equipment 11000 General Equipment Provisions p 11065 Sump Pumps 11100 Electric Motors 11330 Odor Control Fan Installation Division 12—Furnishings Not Used Division 13 - Special Construction 13600 Instrumentation and Control System - General Requirements 13602 Instrumentation and Control System—Start-up, Commissioning and Field Testing 13605 Instrumentation and Control System Functional Requirements 13620 Primary Sensors and Field Instruments 13650 Control Panels and Enclosures Division 14- Conveying Systems Not Used Division 15—Mechanical 15001 General Piping Provisions 15002 Field Testing of Piping Systems 15031 Polyvinyl Chloride (PVC)Pressure Pipe 15032 Polyvinyl Chloride(PVC) Sewer Pipe 3181018 00010-4 OPP- City of Fort Worth TABLE OF CONTENTS Water Department Village Creek WWTP Phase I—Odor Control Improvements 15033 High Density Polyethylene (HDPE) Pipe 15051 Buried Piping Installation 15052 Exposed Piping Installation 15085 Insulation for Process Piping 15101 Ductile-Iron Pipe 15119 Valves and Appurtenances 15120 Piping Specialties 15121 Wall Pipes, Floor Pipes and Pipe Sleeves 15140 Supports and Anchors 15160 Fiberglass Sump Tank 15250 Heat Tracing 15300 Irrigation System 15900 Corrosion Resistance Ductwork and Accessories 15951 Testing, Adjusting and Balancing of Odor Control System Division 16—Electrical 16050 General Provisions 16111 Rigid Conduit *too, 16112 Flexible Conduit 16114 Expansion Fittings 16116 Underground Duct Banks 16117 Manholes and Handholes 16121 600 Volt Cable 16124 Instrumentation Cable 16130 Outlet Boxes 16131 Pull and Junction Boxes 16133 Receptacles 16141 Snap Switches 16390 Grounding Systems 16440 Disconnect Switches 16481 Control Stations 16491 Combination Motor Starters 16501 Lighting Fixtures CERTIFICATE OF INSURANCE/BONDS/CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW F CONTRACT G PROJECT SIGN H + + END OF TABLE OF CONTENTS + + 3181018 00010-5 Part A NOTICE TO BIDDERS City of Fort Worth Water Department Village Creek WWTP Phase I—Odor Control Improvements SPECIFICATIONS PREPARED BY: Malcolm Pirnie,Inc. DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work 01011 Use of Owner's Facilities 01015 Schedule of Completion 01020 Maintenance of Plant Operations and Sequence of Work 01025 Measurement and Payment 01026 Schedule of Values 01040 Project Coordination 01045 Cutting, Coring and Patching 01050 Field Engineering 01091 Reference Standards 01092 Abbreviations and Symbols 01210 Pre-Construction Conference 01220 Progress Meetings 01300 Submittals 01310 Construction Schedule 01330 Survey Data 01340 Shop Drawing Procedures 01341 Samples 01342 Installation Data 01411 Testing Laboratory Services Furnished by Contractor 01511 Temporary Electricity 01512 Temporary Lighting 01514 Temporary Water 01515 Temporary Sanitary and First Aid Facilities 01516 Temporary Fire Protection 01526 Trench Safety System 01540 Security 01541 Protection of the Work and Property •.,.••F. 01550 Access Roads and h Parking %Areas i �'• ~' � 01560 Environmental Controls *• •..••.•• ...... 1 01567 Filter Fabric Fencing t .. ROBERT.G M..••cC0TCUe M••� 01570 Maintenance and Protection of Traffic .0% 61453 l Q 01580 Project Identification and Signs Ij9�,�►ti.�E'6jS?�P���i��'' 01592 Contractor's Field Office and Sheds ��� %A �� 01610 Transportation and Handling of Products 01611 Storage and Protection of Products 01620 Installation of Equipment 01630 Substitutions _ _ 01655 Starting and Placing Equipment in Operation f � 01660 Field Tests of Equipment ,; , 3181018 City of Fort Worth Water Department �hw Village Creek WWTP Phase I—Odor Control Improvements 15121 Wall Pipes, Floor Pipes and Pipe Sleeves 15140 Supports and Anchors 15160 Fiberglass Sump Tank 15250 Heat Tracing 15300 Irrigation System 15900 Corrosion Resistance Ductwork and Accessories 15951 Testing, Adjusting and Balancing of Odor Control System 3181018 City of Fort Worth Water Department Village Creek WWTP Phase I—Odor Control Improvements SPECIFICATIONS PREPARED BY: Gupta and Associates,Inc. DIVISION 13 13600 Instrumentation and Control System—General Requirements 13602 Instrumentation and Control System—Start-up, Commissioning and Field Testing 13605 Instrumentation and Control System—Functional Requirements 13620 Primary Sensors and Field Instruments 13650 Control Panels and Enclosures DIVISION 16- ELECTRICAL 16050 General Provisions 16111 Rigid Conduit 16112 Flexible Conduit 16114 Expansion Fittings 16116 Underground Duct Banks jL 16117 Manholes and Handholes 16121 600 Volt Cable 16124 Instrumentation Cable 16130 Outlet Boxes 16131 Pull and Junction Boxes a S,�Pt •••• •T�+�s��� *. •*� .16133 Receptacles 16141 Snap Switches .................................. ALEXAN .•••• r. DER NIZOV 16390 Grounding Systems •;-••� it-*. 85159 •moi 16440 Disconnect Switches J�'o,-.f, 16481 Control Stations F;°ENSENo�? 16491 Combination Motor Starters 16501 Lighting Fixtures /O/1S/Zoo.3 Fi-, :o 3181018 _ ~� City of Fort Worth Water Department Village Creek WWTP Phase I—Odor Control Improvements SPECIFICATIONS PREPARED BY: Jaster-Quintanilla DIVISION 3—CONCRETE 03100 Concrete Formwork 03200 Concrete Reinforcement 03251 Concrete Joints 03300 Cast-in-Place Concrete 03600 Grout j DIVISION 5- SITE CONSTRUCTION 05051 Anchor Bolts, Toggle Bolts, and Concrete Inserts 05120 Structural Steel 05501 Miscellaneous Metal Fabrication 05522 Aluminum Handrails and Railings DIVISION 6-PLASTICS 06641 Polyvinyl Chloride Liner for Concrete i '��P•�E OF TE��s�l j ............................. /CHRISTOPHER N.STORY ��q :....89485....:: % 4��.�'=���E N SGn•��c�'s 1�- vsa c (o-Jre-d 3 3181018 City of Fort Worth Water Department Village Creek WWTP Phase I—Odor Control Improvements SPECIFICATIONS PREPARED BY: Alan Plummer Associates,Inc. DIVISION 15—MECHANICAL 15033 High Density Polyethylene (HDPE)Pipe OF TFXj�'1 f*..........................*Y MARK A.PERKINS 60329 .=w/ 02S 3181018 City of Fort Worth NOTICE TO BIDDERS Water Department Village Creek WWTP Phase I—Odor Control Improvements NOTICE TO BIDDERS qftw Sealed proposals for the following: FOR: VILLAGE CREEK WASTEWATER TREATMENT PLANT PHASE I — ODOR CONTROL IMPROVEMENTS PROJECT PROJECT NO. PE-42-070420160120 Addressed to Mr. Gary W.Jackson,City Manager of the City of Fort Worth, Texas,will be received at the office of the Purchasing Manager, Lower Level, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102, until 1:30 P.M., Thursday, November 13, 2003. Bids will be publicly opened and read aloud at 2:00 P.M. the same day, in the Fort Worth City Council Chambers. Contract Documents,including plans and specifications,have been prepared by Malcolm Pirnie,Inc. located at 12221 Merit Drive, Suite 1050, Dallas,Texas 75251 (PH: 972/934-3711), and maybe examined without charge at their office. Contract Documents may be obtained from Malcolm Pirnie, Inc. at the above address for a non-refundable charge of: Set of one-half size Plans and Specifications: $110.00 Set of full-size Plans and Specifications: $160.00 This contract is contingent upon release of funds from the Texas Water Development Board. Any contract or contracts awarded under this Notice to Bidders may be funded in part by a loan from the Texas Water Development Board.Neither the State of Texas nor any of its departments,agencies,or employees are or will be a party to this Notice to Bidders or any resulting contract. `.. SPECIAL PREQUALIFICATION REQUIREMENTS. All contractors submitting bids are required to be prequalified in accordance with the Special Instructions to Bidders, by the Fort Worth Water Department prior to submitting bids. No bid shall be withdrawn until the expiration of ninety(90)days after the opening of bids.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. A PRE-BID CONFERENCE AND SITE VISIT for Bidding General Contractors will be held in the Training Room at the Village Creek Wastewater Treatment Plant, 4500 Wilma Lane, Fort Worth, Texas 76012, phone (817) 277-7591 on Monday, October 27, 2003 at 10:00 AM. The Pre-Bid Conference and Site Visit are optional. For additional information,please contact Mr. Robert McCollum,P.E.at Malcolm Pirnie,Inc.(PH: 972/934-3711). GARY W. JACKSON CITY MANAGER GLORIA OVERSTEET PEARSON CITY SECRETARY Advertisement Dates: Thursday, October 16, 2003 Thursday, October 23, 2003 END OF SECTION 3181018 A-1 SPECIAL INSTRUCTIONS TO BIDDERS (August 4,2003) 1. PREOUALIFICATION 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. 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-2 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. 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. A-3 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) IWAW 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. NOW 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 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 ,i A-4 r ' 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 RDA'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 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-5 TWDB CONTRACT CONDITIONS (ED-4) 1. PRIVITY OF CONTRACT. This contract is expected to be funded in part with funds from the Texas Water Development Board. Neither the State of Texas nor any of its departments, agencies or employees is, or will be, a party to this contract or any lower tier contract. This contract is subject to regulations contained in 31 TAC Chapter 363 in effect on the date this contract is executed. 2. DEFINITION. The term "TWDB" means the Executive Administrator of the Texas Water Development Board, or other person who may be at the time acting in the capacity or authorized to perform the functions of such Administrator, or the authorized representative thereof. 3. PROGRESS AND PAYMENT SCHEDULE. (a) The Contractor shall submit for approval immediately after execution of the Agreement, a carefully prepared Progress Schedule, showing the proposed dates of starting and completing each of the various sections of the work, the anticipated monthly payments to become due the Contractor, and the accumulated percent of progress each month. s (b) The following paragraph applies only to contracts awarded on a lump sum contract price: COST BREAKDOWN - The Contractor shall submit to the Owner a breakdown of his estimated cost of all work to be accomplished under the contract, so arranged and itemized as to meet the approval of the Owner in at least the detail provided by form ED-102. This breakdown shall be submitted promptly after execution of the agreement and before any payment is made to the Contractor for the work performed under the Contract. After approval by the Owner the unit prices established in the breakdown shall be used in estimating the amount of partial payments to be made to the Contractor. 4. PAYMENTS TO CONTRACTOR. (a) Progress Payments (1) The Contractor shall prepare his requisition for progress payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his review. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) five percent (5%) of the total amount, as a retainage and (2) L-1 ;`� the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement (or cost breakdown approved pursuant to section 3.b relating to lump sum bids) and adjusted by approved change orders. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection by the Engineer. (2) The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Owner. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Owner in all details. (3) The five percent (5%)retainage of the progress payments otherwise due to the Contractor may not be reduced until the building of the project is substantially complete and a reduction in the retainage has been authorized by the OWNER and the TWDB. (4) The following clause applies only to contracts where the total price at the time of execution is $400,000 or greater and the retainage is greater than 5%. "The Owner shall deposit the retainage in an interest-bearing account, and the interest earned on such retainage funds shall be paid to the Contractor after completion of the contract and final acceptance." (b) Withholding Payments. The Owner may withhold from any payment otherwise due the Contractor so much as may be necessary to protect the Owner and, if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Owner elects to do so. The failure or refusal of the Owner to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. IJ (c) Payments Subject to Submission of Certificates. Each payment to the Contractor by the Owner shall be made subject to submission by the Contractor of all written certifications required of him and his subcontractors by general or special conditions elsewhere in this contract. (d) Final Payment. (1) After final inspection and acceptance by the Owner of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the carefully measured or computed quantity of each item of work at the applicable unit prices stipulated in the Agreement or cost breakdown (if lump sum), as adjusted by approved change orders. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. Final payment to the Contractor shall be made subject to his furnishing the Owner with a release in satisfactory form of all claims against the Owner arising under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor from the operation of the release as provided under general and special conditions elsewhere in this contract. (2) The Owner, before paying the final estimate, may require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed under this contract) and services to the Contractor, if the Owner deems the same necessary in order to protect the Owner's interests. The Owner, however, may if it deems such action advisable make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments so made shall in no way impair the obligations of any surety or sureties furnished under this Contract. (3) The retainage and its interest earnings, if any, shall not be paid to the Contractor until the TWDB has authorized a reduction in, or release of, retainage on the contract work. (4) Withholding of any amount due the Owner, under general and/or special conditions regarding "Liquidated Damages," shall be deducted from the final payment due the Contractor. 5. REVIEW BY OWNER AND TWDB. (a) The Owner, authorized representatives and agents of the Owner, and the TWDB shall, at all times have access to and be permitted to observe and review all work, *4%w materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through authorized representatives or agents. (b) Any such inspection or review by the TWDB shall not subject the state of Texas to any action for damages. 6. FLOOD HAZARD INSURANCE. This provision applies to any contract which will construct structures that are insurable under the National Flood Insurance Program of the Federal Emergency Management Agency. The Contractor shall apply for flood insurance on all insurable structures that will be built under this contract. A copy of the completed application must be provided to the owner before commencing construction of the project. The Contractor shall obtain the flood hazard insurance as soon as possible and submit a copy of the policy to the Owner. 7. OPERATION AND MAINTENANCE MANUALS AND TRAINING. (a) The Contractor shall obtain installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. The Contractor shall submit three copies of each complete manual to the Engineer within 90 days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. (b) Each manual is to be bound in a folder and labeled to identify the contents and project to which it applies. The manual shall contain the following applicable items: (1) A listing of the manufacturer's identification, including order number, model, serial number, and location of parts and service centers. (2) A list of recommended stock of parts, including part number and quantity. (3) Complete replacement parts list. (4) Performance data and rating tables. (5) Specific instructions for installation, operation, adjustment, and maintenance. (6) Exploded view drawings for major equipment items. (7) Lubrication requirements. `, (8) Complete equipment wiring diagrams and control schematics with terminal identification. (c) Operations and maintenance manuals specified herein are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test, and start-up the equipment. (d) The Owner shall require the Engineer to promptly review each manual submitted, noting necessary corrections and revisions. If the Engineer rejects the manual, the Contractor shall correct and resubmit the manual until it is acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Owner may assess Contractor a charge for reviews of same items in excess of three (3) times. Such procedure shall not be considered cause for delay. Acceptance of manuals by Engineer does not relieve Contractor of any requirements or terms of the Contract. (e) The Contractor shall provide the services of trained, qualified technicians to check final equipment installation, to assist as required in placing same in operation, and to instruct operating personnel in the proper manner of performing routine operation and maintenance of the equipment. 8. AS-BUILT DIMENSION & DRAWINGS. (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical locations of work. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. 9. ARCHEOLOGICAL DISCOVERIES. No activity, which may affect a State Archeological Landmark, is authorized until the Owner has complied with the provisions of the Antiquities Code of Texas. The Owner has previously coordinated with the appropriate agencies and impacts to known cultural or archeological deposits have been avoided or mitigated. However, the Contractor may encounter unanticipated cultural or archeological deposits during construction. If archeological sites or historic structures are discovered after construction operations are begun, the Contractor shall immediately cease operations in that particular area and notify the Owner, the TWDB, and the Texas Historical Commission, (512-463-6096). The Contractor shall take reasonable steps to protect and preserve the discoveries until they have been inspected by the Owner's representative and the TWDB. The Owner will promptly coordinate with the Texas Historical Commission and any other appropriate agencies to obtain any necessary approvals or permits to enable the work to continue. The Contractor shall not resume work in the area of the discovery until authorized to do so by the Owner. 10. ENDANGERED SPECIES. No activity is authorized that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. If a threatened or endangered species is encountered during construction, the Contractor shall immediately cease work in the area of the encounter and notify the Owner, who will immediately implement actions in accordance with the ESA and applicable State statutes. These actions shall include reporting the encounter to the TWDB, the U. S. Fish and Wildlife Service, and the Texas Parks and Wildlife Department, obtaining any necessary approvals or permits to enable the work to continue, or implement other mitigative actions. The Contractor shall not resume construction in the area of the encounter until authorized to do so by the Owner. 11. LAWS TO BE OBSERVED. In the execution of the Contract, the Contractor must comply with all applicable Local, State and Federal laws, including but not limited to laws concerned with labor, safety, minimum wages, and the environment. The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and Local laws, ordinances and regulations which in any manner affect the conduct of the work, and shall indemnify and save harmless the Owner, the TWDB, and their representatives against any claim arising from violation of any such law, ordinance or regulation by himself or by his subcontractor or his employees. 12. EMPLOYMENT OF LOCAL LABOR. This condition applies only to construction contracts which receive funding from the TWDB's Economically Distressed Areas Program. The contractor shall to the maximum feasible extent employ local labor for construction of the project. The Contractor and every subcontractor undertaking to do work on the project which is, or reasonably may be done as on-site work, shall employ, in carrying out such contract work, qualified persons who regularly reside within the political subdivision boundary of the Owner and the economically distressed area where the project is located, except: (a) To the extent that qualified persons regularly residing within the political subdivision boundary of the Owner and economically distressed area are not available. (b) For the reasonable needs of any such Contractor or subcontractor, to employ supervisory or specially experienced individuals necessary to assure an efficient execution of the contract. (c) For the obligation of any such Contractor or subcontractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that in no event shall the number of non-resident persons employed under this subparagraph exceed twenty percent of the total number of employees employed by such Contractor and his/her subcontractors on such project. Every such Contractor and subcontractor shall furnish the Owner and the Local Texas NEW Employment Commission Office with a list of all positions for which it may from time to time require laborers, mechanics, and other employees, the estimated numbers of employees required in each classification, and the estimated dates on which such employees will be required. The Contractor shall give full consideration to all qualified job applicants referred by the local employment service, but is not required to employ any job applicants referred whom the Contractor does not consider qualified to perform the classification of work required. The payrolls maintained by the Contractor shall contain the following information: The employee's full name, address, and social security number, and a notation indicating whether the employee does, or does not, normally reside within the political subdivision boundary of the Owner or the economically distressed area. Copies of the payroll records shall be provided to the Owner. The Contractor shall include the provisions of this condition in every subcontract for work which is, or reasonably may be, done as on-site work. 13. HAZARDOUS MATERIALS. Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. If the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner will be responsible for the testing for and removal or disposition of hazardous materials on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by the Owner. 14. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, handicap, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, age, handicap, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, the Age Discrimination in Employment Act of 1967,29 U.S.C.A. 621 (1985), Executive Order 12250 of November 2, 1980, the Rehabilitation Act of 1973, 29 U.S.C.A. 701 et seq. (1985), and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, .,,90 records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the portion of the sentence immediately preceding paragraph 1. and the provisions of paragraphs 1. through 7. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: PROVIDED, HOWEVER, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interest of the United States. (h) The Contractor will comply with Executive Order 11246 based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Standard Federal Equal Employment Opportunity Construction Contract Specifications, as set forth in 41 CFR Part 60-4 and its efforts to meet the goals established for the geographical area where the Contract is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. The goals are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of federal contract compliances programs office or from federal procurement contracting officers (512) 229-5835. L%'' The Contractor is expected to make substantially uniform progress toward its goal in each craft during the period specified. J Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals set for minority and female participation and which is set forth in the solicitations from which this contract resulted. Part B PROPOSAL PART B -PROPOSAL Aft, TO: GARY JACKSON CITY MANAGER FORT WORTH, TEXAS PROPOSAL FOR: furnishing of all materials and equipment and labor and all necessary appurtenances'and incidental work to provide a complete and operable project designated as: City of Fort Worth Water Department Village Creek Wastewater Treatment Plant Phase I-Odor Control Improvements Project NumberM-/" 42-070420160120 C 1 w C r+Db.t=tj b 0 M N &--0 Pursuant to the foregoing "Notice to Bidders,"the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount .of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material, except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond,Maintenance Bond, and such �. other bonds, if any, as may be required by the Contract Documents for the performing and completion of the said work. Contractor proposes to do the work within the time stated and for the following sums: (Note that SF denotes Screenings Facility Area and GBT denotes Gravity Belt Thickener Building Area) PAY APPROX DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM. QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 1. GENERAL CONSTRUCTION 1.1 1 LS General Construction: The lump sum payment for Item I will be full compensation for completing the Work in SF and GBT, as shown and specified under Divisions 1 through 16, excluding work covered by the remaining pay items. 00 S4 -rAoi d Dollars o� and ,v o Cents/L.S. $ S®�000 t � B-1 2. SITEWORK 2.LA 1 LS SF Landscaping: Payment for landscaping in the Screenings Facility Area shall include full compensation for materials and installation of seeding and final grading, including any other items not covered by the remaining pay items. no o +40 0 Dollars $ 2 po o0-0Z 000 and /-1 0 Cents/L.S. t $ ' 2.1.B 1 LS GBT Landscaping: Payment for landscaping in the Gravity Belt Thickener Building Area shall include full compensation for materials and installation of seeding and final grading, including any other items not covered by the remaining pay items. ?'c,+oT1.o.P56.,J Dollars Z��000 000'p and /V O Cents/L.S. $ $ 23 2.2.A 1 LS SF Civil/Sitework:Payment for civil/sitework in the Screenings Facility Area shall include full compensation for materials and installation of concrete paved access roads and parking area, site drainage, concrete curbs and sidewalks,signage,fire hydrant and accessories, including any other items not covered by the remaining pay items. 'f L,a 14,r Dollars CPO 00 and w a Cents/L.S. $ 200 DSO $ ZOo� o00 2.2.B 1 LS GBT Civil/Sitework: Payment for civil/sitework in the Gravity Belt Thickener Building Area shall include full compensation for materials and installation of concrete paved access roads and parking area, site drainage, concrete curbs and sidewalks, signage, fire hydrant .and accessories, including any other items not covered by the remaining pay items. 1 044- (�n doe c� S/X�y'fko,4"g Sollars VCvo and /ti O Cents/L.S. $ RoO 00 c $ 6DJ o00 B-2 2.3.A 1 LS SF Yard Piping and Connections: Payment for yard piping and connections in the Screenings Facility Area shall include full compensation for materials and installation of sludge, leachate and force main lines and valves, including trenching, bedding, piping, anchorages, joining, joint bonding, laying, and backfilling and/or shoring (not covered by other items); pipe connections (tie-ins) to existing piping; pressure and leakage testing; traffic control; excavation and backfilling; and all other items for complete installation of the piping, including any other items not covered by the remaining pay items. v5an c� Two If-ndrad -r&-en•{y sin� Dollars $ 2 2,-7j o©© $ 2,2?j a,00 and 1-6-10 Cents/L.S. 2.3.13 1 LS GBT Yard Piping and Connections: Payment for yard piping and connections in the Gravity Belt Thickener Building Area shall include full compensation for materials and installation of effluent water, sludge, scum, chlorine, and natural gas lines, air piping lines, valves, including trenching, bedding, piping, anchorages, joining, joint bonding, laying, and backfilling and/or shoring (not covered by other items); pipe connections (tie-ins) to existing piping; pressure and leakage testing; traffic control; excavation and backfilling; and all other items for complete installation of the piping, including any other items not covered by the remaining pay items. ,ad✓ed ,U�nG��/-�� �� Dollars $ Z �S�000' $ 2`�rpOo and iy O Cents/L.S. 2.4.A 1 LS SF Foul`Air Collection System: Payment for the main FRP aboveground air duct and duct support system from the Screenings Facility to the biofilter shall include full compensation for materials and installation of FRP air duct, air duct concrete support and stainless steel saddle system, dampers, expansion joints, taps, including earthwork, footings, joining, laying, pipe connections (tie-ins), testing and balancing, traffic control; excavation and backfilling; and all other items for complete installation of the foul air collection system, including any other items not covered by the remaining pay items. 00 �kee ��n�rea �{tvoSsn& Dollars $ 3D0 OO �% $ ODS Doo and jV o Cents/L.S. I B-3 2.4.13 1 LS GB T Foul Air Collection System: Payment for the main FRP aboveground air duct and duct support system from the Gravity Belt Thickener Building and Thickeners #3 and #4 to the biofilter shall include full compensation for materials and installation of FRP air duct, air duct concrete support and stainless steel saddle system, dampers, expansion joints, taps, including earthwork, footings, joining, laying, pipe connections(tie-ins),testing and balancing, traffic control; excavation and backfilling; and all other items for complete installation of the foul air collection system, including any other items not covered by the remaining pa m . i�tee��ndl�d /L:�}�i=1 hJe2L�C ea s°n and /L 0 Cents/L.S. $ 3 3' 000 $ 39 0 0 0 3. BIOFILTER 3.LA 1 LS SF Biofilter Superstructure: Payment for the Screenings Facility Area biofilter superstructure shall include full compensation for materials and construction of biofilter cell and wet air plenum superstructure; and all other items for complete superstructure construction, including any other item not covered by the remaining pay items. El i S:X�fy TiSo v;--n4 Dollars and Of Cents/L.S. °= $ $bo, D pO $ 060, 000'- i 3.1.13 1 LS GBT Biofilter Superstructure: Payment for the Gravity Belt Thickener Building Area biofilter superstructure shall include full compensation for materials and construction of biofilter cell and wet air plenum superstructure; and all other items for complete superstructure construction, including any other item not covered by the remaining pay items. .J l ,Fe.�I'Jl.nt{V'4 P�KF, 'F4f— �r ° '51 ofiars oo 400 and ,tio Cents/L.S. $ �9AI)000 $ y9�1� 000 " B-4 3.2.A 1 LS SF Biofilter Foundation: Payment for the Screenings Facility Area biofilter foundation Aab• shall include full compensation for materials and installation; excavation and backfilling not included in other items; and all other items for a complete foundation system installation, including any other item not covered by the remaining pay items. one Y-ndred Seaezr& JDollars �� o0 and /k= Cents/L.S. $ 17O� OOo $ 7p� D 00 — 3.2.B 1 LS GBT Biofilter Foundation: Payment for the Gravity Belt Thickener Building Area biofilter foundation shall include full compensation for materials and installation; excavation and backfilling not included in other items;and all other items for a complete foundation system installation, including any other item not covered by the remaining pay items. O,nc Xodfej Dollars oQ •" and do Cents/L.S. $ /Ovl °pa $ )'V 3.3.A 1 LS SF Biofilter Facilities: Payment for the Screenings Facility Area biofilter facilities shall include full compensation for materials Ago, and installation of foul air distribution ducts, leachate collection system, irrigation system, humidification spray system, process piping, valves, and appurtenances; installation of and interface work related to odor control fans and floor plenum system; performance testing;and any work required for making the biofilter operable and any other items not covered by the remaining pay items. FP-f')w.,J,rcd, 5;y-f h.o d Dollars oo o0 and No Cents/L.S. $ yo.(0) OO o--$ Q(o DOD" J 3.3.B 1 LS GBT Biofilter Facilities: Payment for the Gravity Belt Thickener Building Area biofilter facilities shall include full compensation for materials and installation of foul air distribution ducts, leachate-collection system, irrigation system,humidification spray system, process piping, valves, and appurtenances; installation of and interface work related to odor control fans and floor plenum system; performance testing; and any work required for making the biofilter operable and any other items not covered by the remaining pay items. 011C f►-Pndte_A N;f)CAj-OAC fAOdbOOl ars and Cents/L.S. B-5 4. SF SUMP PUMP STATION 4.1 1 LS Sump Pump System: Payment for the fiberglass submerged sump pump system at Screenings Facility Area shall include full compensation for materials and installation of pumps, piping, valves, motors; testing; and any other items not covered by the remaining pay items. O,qt A,A jt-eA 1t.► Dollars $ J �o DO O e_ $ ��d, o D o•- and Na Cents/L.S. 4.2 1 LS Fiberglass Sump Tank: Payment for FRP tank at Screenings Facility Area shall include full compensation for materials and installation of tank, tank footing, earthwork, including any other items not covered by the remaining pay items. �n rhodSQi+J Dollars $ fid! 0O° ' $ /��, coo and = �v o Cents/L.S. 5. ELECTRICAL AND INSTRUMENTATION 5.1 1 LS Electrical: Payment for electrical work at both SF and GBT shall include full compensation for materials and installation of wiring, Web conduit, duct banks, connections, cables, manholes and handholes, testing; modifications to existing; and any work required for completing the electrical; and any other items not covered by the remaining pay items. �w�1��n�la.� S:X�i.� S¢�•u►�"Dolla� o° and /lam d Cents/L.S. $ 67j 000 ' $ 2 (6 7, 0000O 5.2 1 LS Site Lighting: Payment for site lighting for both SF and GBT shall include full compensation for materials and installation of lighting; and all other items for complete lighting system, including any other items not covered by the remaining pay items. 'I AoJS a n J Dollars °P ODo and xi✓o Cents/L.S. $ $ 2S o00 5.3 1 LS Instrumentation and Controls: Payment for instrumentation and controls for SF and GBT shall include full compensation for materials and installation of instrument devices; testing; panels: and any work required for completing the instrumentation and controls;and any other items not covered by the remaining pay items. ©ncl,�ndlcd °% 'E6o"S'-nd. Dollars o� and Nn Cents/L.S. $ J 00 000 $ p o o B-6 BID SUMMARY FOR VILLAGE CREEK WWTP PHASE I AN, ODOR CONTROL IMPROVEMENTS BASE BID TOTAL (Bid Items 1 through 5) 36 2, OOodo — Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% of the total amount bid is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and all addenda thereto, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and.the Special Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, and employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance ,�► No 7278 as amended by City Ordinance No 7400. µ.. The Bidder agrees to begin construction withi 10 calendar days after issue of the work order, and be substantially complete by 2004 and have final completion done by as set forth by the written work order to be furnished by the Owner. JA0ar7P 60M0• ►� B-7 State of Residency: (Complete A or B below,as applicable:) X A. The principal place of business of our company is in the State of Georgia 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 Georgia , our principal place of business, are not required to underbid resident bidders. B. 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) v SignatudXcrip-al Matthew Walsh/President Title or Position Archer Western Contractors, Ltd. Contractor 2121 Avenue 'J' , Suite 103 Street Arlington, TX 76006 I City, State Zip (Seal) If Bidder is Corporation 817/640-3898 Date: 03/18/83 Telephone Number State of Incorporation: Illinois Corporate Address: 3715 Northside Parkway, NW Building 100, Suite 550 Atlanta, GA 30327 B-8 ED-103 (2/22/93) t CONTRACTOR'S ACT OF ASSURANCE STATE OF TEXAS COUNTY OF Tarrant BEFORE ME, Terri A. K,51'961ary public duly commissioned and qualified in and for the County of Tarrant in the State of Texas came and appeared Matthew Walsh , as represented by Archer Western Contractors the corporation's President , who declares he/she is authorized to represent Archer Western Contractors, Ltd. pursuant to provisions of a resolution adopted by said corporation on the 24th day of January 1 20 04 (a duly certified copy of such resolution is attached to and is hereby made a part of this document). Matthew Walsh , as the representative of Archer Western Contractors,, Ltd. declares that as President he assures the Texas Water Development Board that it will construct Village Creek WWTP project at Arlington , Texas, in accordance with sound construction practice, all laws of the State of Texas, and the rules of the Texas Water Development Board. GIVEN UNDER MY HAND and seal of office this 13th day of November , 20 03 A.D. 111111111N/ x, �P.KECK/F p.RY Pt1eli s Terri A. Keckler _— Printed Name P� •• A,F'xPl� •' My Commission expires 7/3/07 ED-104 (9/19/94) CONTRACTOR'S ACT OF ASSURANCE RESOLUTION Matthew Walsh Name I hereby certify that it was RESOLVED by a quorum of the directors of the Archer Western Contractors, Ltd. name of corporation meeting on the day of Jan. 24 , 20 03, that Matthew Walsh , be, and hereby is, authorized to act on behalf of Archer Western Contractors, Ltd. name of corporation as its representative, in all business transactions conducted in the State of Texas, and; That all above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full forces and effect; and; In authentication of the adoption of this resolution, I subscribe my name and affix the seal of the corporation this 13th day of November , 2003. d"e�4 Secretary "�Z-gy JOE Jo P. Slattery (seal) )AUi T4 Archer Western Contractors Corporate Resolution I, the undersigned, do hereby certify,that the following is a complete,true and correct copy of certain resolutions of the Board of Directors of Archer Western Contractors, Ltd., a corporation duly organized and existing under the laws of the State of Illinois, which resolutions were duly adopted at a daily called meeting of said Board, held on January 24`x', 2003, a quorum being present, and are set forth in the minutes of the said meeting; that I am the keeper of the corporate seal and of the minutes and records of the Corporation; and that the said resolutions have not been rescinded or modified: Be it resolved,that the following individuals are duly authorized to sign legal documents for the Corporation: Matthew Walsh President Donald A. Gillis Vice President John P. Slattery Secretary Be it further resolved,that each of the foregoing resolutions shall continue in force until express written notice of its recession or modification. �. I Further Certify that the following named persons are the Officers of said Corporation, duly qualified and not acting as such: f President Matthew Walsh Vice President 4'.& /1, Donald A.Gillis '' Secretary John P. Slattery In Witness Whereof, I have hereunto subscribed my name and affixed the seal of the said Corporation, this 24th day of January, 2003. Secretary 2121 Avenue J, Suite 103 A Member of The Walsh Group Arlington,Texas 76006 An Equal Opportunity Employer Phone:817.640.3898 Fax:817.640.8734 wirwr.waishgroup.com MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS FO WW1 RTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,,the M/WBE goal js applicable It the total"iac value of the contract is less than$25,000,the lrA/WB goat is riot 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/WBE) 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. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 21% (ADDENDUM NO.2) 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 M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation,or; 3. Waiver documentation,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: I 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. statedgoal: 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. o enin 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. ATTACHMENT 1A FORT WORTH � City of Fort Worth Page 1 of 4 Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M/W/DBE NON-M/W/DBE BID DATE City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 21% (ADDENDUM NO. 2) % Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the,Managing Department on or before 5:00 p.m. five (5)City business days after bid opening, exclusive of bid opening date,: will result in the bid being,considered non-responsive to bid specifications. ,' r The undersigned Offeror agreesto enter into a formal agreement with.the M/WBE firm(s) listed` in this utilization schedule, conditioned upon execution of a contract with the City Of Fort Worth, The;intention I and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will resulfin the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level: Tier is the level of subcontracting below the prime,contractor, t e, a direct payment from the prime contractor to a subcontractor is,considered 1"t tier, a payment by a subcrjntractor to K its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE) is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit`as long as the,,,M/WBE ,Ilsted_owns:and operates at least one fully licensed and operational truck to be used on the contract, The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full,MM, B�,credl- '_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. Rev.5/30/03 ATTACHMENT 1A FORTWORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address I M W C X M Subcontracting Work Supplies Purchased Dollar Amount T D hone/Fax B Tele p r E E R O B;::. C T E , A F iF Rev.5/30/03 ATTACHMENT 1A FORT WORTH Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list MM/BE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address I M WC X M Subcontracting Work Supplies Purchased Dollar Amount r B B T D VY Telephone/Fax R O B E E C T E A Rev.5/30/03 ATTACHMENT IA FORTWORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ the Con#actor wiJI,not make additions, deletions, or substitutions to this certified list wi#hout.the prtof,,approvat of the Mmont "and NVomen; Business Enterprise Office Manager or designee through 'the suraml#tal` of.'a Request for Approval of Change/Addition. Any unjustified change or deletion sha11`fje a ma#eclat breach o con#ract and`may_resin# in debarment in accord with the procedures outlined in the ordinance, The contractor $hall submit a detailed explanation of how the requested changeladdltion or delet1 n'will affect the committed MNVBE goaI. lf�,the'detail explanation is not submitted, it will affect the final compliance determine#iQrt r . By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual worm performed by the M/W/DBE(s) on this contract, by an authorised officer or employee of the City. An, intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1)year. Authorized Signature Printed Signature Tithe Contact Name/Title(it different) Company Name Telephone and/or Fax Address E-mail Address City/State/Zlp Date Rev.5/30/03 i ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: MM//DBE NON-MM/DBE Village Creek WWTP Phase I Odor Control Improvem nts BID DATE November 20, 20b3 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 21 % 21 . 39 % PE42-070420160120 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MNVBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MMIBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE)is synonymous with MinorityMomen Business Enterprise (MMIBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including MMBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 r ATTACHMENT 1A k FOR_ _T WORTH Page 2 of 4 AVIW Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTORISUPPLIER T n Company Name i N T Detail Detail Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount Tele hone/Fax T D W Telephone/Fax r E E R O B C T E A Crouch/KST Electric X Electrical, 391 , 673. 0 Steve Markee Instrumentati n WFWD17250N1103 707 Robbie Rd Suite 150 Irving, TX 75061 972 399-8844 Materials X Flex Base, 28, 183. 00 Larry Flowers Bedding WFDB16861Y1003 2277 Masch Branch R Denton, TX 76202 i ( 940) 243-8530 .icochet Fuel Distributors X Fuel 10, 000.00 Kelly Roberts WFDB16225Y0803 1101-A Bedford Rd. Bedford, TX 76022 (817) 268-5910 cRyan Trucking X X Trucking 46, 564.00 Doyce Grayson FDB17791Y0104 16121 Hwt 114 Justin, TX 76247 (817) 430-3213 Rebar Services X X Rebar Material 135, 000. 00 WFDB18082Y0204 Johnny Thompson 1390 Gilman Rd. Ft Worth, TX 76140 (817) 483-4603 Fraire' s Rebar, Inc. X Rebar 67, 340. 00 ector Fraire Installation AB20855N1004 432 West Yarmouth Dallas, TX 75208 (214) 942-4630 Rev.5/30/03 ATTACHMENT IA FORT WORTH Page 3 of 4 Primes are required to identify ALL subcontractorsJsuppflers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list MNVBE firms first,use additional sheets if necessary. Certification N (check one) C SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address I M wC X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B R O B E E C T E A The James C. Paris o X Mechanical 251 , 671 . 0 Chris Paris Equip. NMDB2020YO804 14785 Preston Rd Suite 550 Dallas, TX 75240 ( 972) 256-1860 Green Scaping X Seeding 3, 000.00 Curtis Green Erosion Contrcl HFDB18185YO204 8917 Cardinal Lane N.Richland Hills,TX 76180 (817) 577-9299 NRev.5/30/03 i ATTACHMENT IA FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 933, 431 . 00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 3,428, 569. 00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 4, 362, 000. 00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of ChangelAddition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MNV/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any Intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1)year. Joe Lindeman Aut iz d Signature Printed Signature Texas Area ManaQp+r scatf Smi I ey Rrogram mgr - Tltle Contact Nameriltle(it different) Ars. r WPsLt"ea n Contract=, T.mn (81 7) 640-3898/ (81 7) 640-8734 Company Name Telephone and/or Fax 2121 Avenue J, Ste 103 ilindeman4archerw s _rn_ nm Address E-mail Address Arlington, TX 76006 November 26, 2003 Clty/tttatemp Date Rev.5/30/03 ATTACHMENT 1B FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M/W/DBE NON-M/W/DBE BID DATE City's M/WBE Project Goal: PROJECT NUMBER 21% ADDENDUM NO. 2) If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m.,five (5) City business days after bid opening,exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specificatiorii ' Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project,this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three(3)years and for initiating action under Federal,State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one(1)year. Authorized Signature Printed Signature Title Contact Name(if different) Company Name Phone Number Fax Number Address Email Address City/Stateop Date R#v.5/30/03 ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: MNV/DBE NON-MIW/DBE BID DATE City's M/WBE Project Goal: PROJECT NUMBER 21%(ADDENDUM NO. 2) If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal;you must complete this form:' u If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, inits entirety with, supporting documentation, and, received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. I� 1.) Please list each and every subcontracting and/or supplier opportunityl for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2"FItier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev.05/30/03 ATTACHMENT 1C Page 2 of 3 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. Yes Date of Listing No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes,attach MIWBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MfWBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes,attach list to include name of MIWBE firm, ep rson contacted,phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. if a facsimile is used, attach the fax confirmation,,which is"to provide M/WBE name, date, ,time,' fax number and documentation faxed:. NOTE: If the list of MfWBEs for a particular subcontracting/supplier opportunityjs ten (10) or less, the bidder must contact the entire list to, be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must..contact at least two. thirds (2/3) of the list within such area of opportunity, but not less than ten to be irr compliance'with questions 3-and-4. 5.) Did you provide plans and specifications to potential MfWBEs or information regarding the location of plans and specifications in order to assist the MfWBEs? Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. Please use additional sheets,if necessary, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: ATTACHMENTIC Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain MMBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title(if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev.05130103 Joint Venture FORT WORTH Page 1 of 3 CITY OF FORT WORTH Joint Venture Eligibility Form A11 questions must be answered;use"NA"if applicable. Name of City project: A joint venture farm must be completed on 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 firm Non-M/WBE name: 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: Rev.5/30/03 Joint Venture Page 2 of 3 3.What is the percentage of AMBE 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: 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): 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 MNVBE 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. o..., cionino Joint Venture Page 3 of 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. ----------------------------- -- -- - --- - --- Name 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 720 ,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 (sea/) 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 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS RETAINAGE 2. PROFESSIONAL SERVICES ................................................. 8 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS 3. PURCHASES ...................................................................... 10 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS BEST VALUE CRITERIA VI. POST AWARD COMPLIANCE .................................................... 13 VII. CONTRACT MONITORING AND REPORTING .............................. 15 VIII. EXCEPTIONS AND WAIVERS .................................................... 16 IX. PROGRAM ADMINISTRATION ................................................... 16 X. SANCTIONS ............................................................................ 18 XI. SEVERABILITY ........................................................................ 19 Minority and Women Business Enterprise Ordinance Attachment 1 ATTACHMENT 1. DEFINITIONS: 1. Applicable Contract means any contract of $25,000 or more for construction projects and professional services and $25,000 or more for purchase agreements, as well as any other contracts that the City Council or City Manager deem appropriate. 2. Certified means those firms, located or doing business at the time of bid/proposal opening within the Marketplace, that.have been determined to be a bonafide minority or women business enterprise by either the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TxDOT), highway division. 3. City means the City of Fort Worth, Texas. 4. City business day means Monday through Friday, inclusive, excluding legal holidays. Legal holidays shall be observed as prescribed by the City Council for observance as follows: New Year's Day January 1 M. L. King, Jr. Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Fourth Friday in November Christmas Day December 25 When one of the above named holidays falls on a Saturday, the holiday shall be observed on the preceding `' Friday. When one of the above named holidays falls on a Sunday,the holiday shall be observed on the following Monday. 5. Combined Projects means a construction contract, which includes paving and/or drainage elements of construction and water and/or sanitary sewer construction elements, but does not include a standard water and/or sanitary sewer contract where the pavement is temporarily or permanently repaired and that repair is not a separate unit. 6. Construction means the erection, rehabilitation, alteration, conversion, extension, demolition, improvement, remodeling or repair to any real property, including streets, storm drains and facilities providing utility service owned by the City. 7. Contract means a binding agreement whereby the City either grants a privilege or is committed to expend or does expend its funds or other resources for or in connection with a) construction of any public improvement, and b) purchase of any services (including professional services). The term includes "purchase order". 8. Contract Officer means the person employed by the City to oversee the performance of the contract. 9. Contracting Department means the department responsible for payment of contract obligations. 10. Contractor means the business entity with whom the City has entered into an agreement. Includes the terms "Vendor", "Prime Contractor" and "Prime Consultant". 11. Goal means the percentage of minority business enterprise and/or women business enterprise participation on an applicable project as determined by the City, based on the availability of such businesses in the marketplace , and the subcontracting/supplier opportunities of the project. 1 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 MNVBE Office. 12.3. Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened. 12.4. Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened. Note: A facsimile may be used to comply with either 12.3 or 12.4,but may not be used for both. Note: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten or less,the Contractor must contact the entire list within such area of opportunity to be in compliance with 12.3 and 12.4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten or more,the Contractor must contact at least two-thirds of the list within such area of opportunity,but not less than ten,to be in compliance with 12.3 and 12.4. 12.5. Provide plans and specifications or information regarding the location of plans and specification to M/WBEs. 12.6. Submit 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. 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 AM Minority and Women Business Enterprise Ordinance Attachment 1 21. Minority means a citizen of the United States or lawfully admitted permanent resident that is Asian American, American Indian, Black or Hispanic. 22. Minority Business Enterprise is defined as a qualified business concern located in the Marketplace or providing proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals, meeting the following criteria: a. is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. management and daily business operations are controlled by one or more minority persons who own it. 23. MWBEAC means the Minority and Women Business Enterprise Advisory Committee appointed by the City Council to review the findings of Availability and Disparity Studies conducted for the City and present recommendations, in concurrence with the City Manager, on any amendments to the M/WBE Ordinance. 24. Mediation means an alternate dispute resolution method as authorized by the state law 25. Nepotism means the state or fact of showing favoritism to a relative on the basis of a relationship. 26. Non-compliance means failure of a prime contractor to comply with the Ordinance's requirements during the contract and/or at completion of the contract. 27. Non-responsive means failure of an Offeror to respond to the Ordinance's requirements upon submission of a bid or proposal; herein specifically defined by either 1) meet or exceed the stated project goal, or 2) make a good and honest faith effort to meet the project goal or 3) submit the prime contractor waiver or 4) submit the joint venture form. 28. Offeror means any person, firm, corporation, or partnership that submits a bid or proposal to provide labor, goods or services to the City where funds are expended. The term includes bidder and proposer. 29. Payment Dispute means a bonafide disagreement of payment. 30. Procurement means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services. 31. Professional Services means services, which require predominantly mental or intellectual labor and skills, includes, but is not necessarily limited to, architects, engineers, surveyors, doctors, attorneys, and accountants. 32. Project Manager see Contract Officer. 33. Purchasing means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services excluding construction and professional services previously defined. 34. Qualified means an individual or business entity having previously performed or received training in the work, industry or profession required. 35. Regular Dealer is defined as a firm that owns, operates, or maintains a store, a warehouse, or other establishments in which the materials or supplies required for the contract are bought, kept in stock, and are regularly sold retail or wholesale. 36. Subcontract means an agreement between the contractor and another business entity for the performance of work. 37. Subcontract/Supplier Opportunity means an area where there is more than one M/WBE subcontractor/subconsultant/supplier in the market place. 3 Minority and Women Business Enterprise Ordinance Attachment 1 38. Tier means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is Am' 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. 11. 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. Award of a contract shall be recommended when the Offeror has complied with the requirements of this ordinance via meeting the goal, demonstrating a Good Faith Effort to meet the goal or meeting the requirements for a Prime Contractor Waiver. Failure to comply with the Ordinance by any of the required methods shall result in an Offeror being deemed non-responsive. III. CERTIFICATION: The City will recognize M/WBE firms that are certified by the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TX DOT), highway division. The firms shall be located in or doing business in the Marketplace at the time of bid/proposal opening. IV. PROGRAM GOAL: A. A Citywide goal for the utilization of minority business enterprises (MBE) and women business enterprises (WBE)shall be reviewed and approved annually by the City Council. 1. The City Manager shall conduct an analysis of the availability of MIWBEs 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