Invitation to Bid
CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102
PROJECT: DEM 10-01: NPD #6
Asbestos Abatement and Demolition Neighborhood Police District #6 1100 Nashville Avenue Fort Worth, Texas October 9, 2009
Company Name Address City, State, Zip Date
TABLE OF CONTENTS
1.0 INVITATION TO BID 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 2.0 Project Description General Requirements Interpretation of the Invitation to Bid Conflicts How to Submit a Bid Security Opening of Bids Trade Secrets and Confidential Information Bid Evaluation Criteria Contract Time Award of the Contract Tax Exemption Reservations
BID DOCUMENTS 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 Bid Document Checklist Acknowledgment of Receipt of Addenda Bid Solicitation Scope of Work Project Schedule Cost Estimation for Asbestos Removal Schedule of Payment Bonds M/WBE Utilization Requirements Statement of Residency Nondiscrimination Prevailing Wage Rates Insurance Certificates Provider’s Qualifications and Capabilities Provider’s Experience with Similar Projects Provider’s Sub Contractors Contractor’s Legal And Compliance History Contractor’s Licenses & Certificates
3.0
TECHNICAL SPECIFICATIONS
3.1 3.2
Demoliiton Specifications Asbestos Specifications
i
1.0 INVITATION TO BID
1.1 PROJECT DESCRIPTION: The City of Fort Worth is seeking Bids for the furnishing of all equipment, labor, materials, superintendence, and any other items or services necessary to perform the abatement of asbestos-containing material (ACM) and demolition of the two-story office building located at 1100 Nashville Avenue.
The MWBE participation gal for this project is 10% percent.
CHAPTER 252, TEXAS LOCAL GOVERNMENT CODE, “PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES” DOES NOT APPLY TO THIS INVITATION TO BID FOR THE ASBESTOS ABATEMENT AND DEMOLITION OF THE FORMER POLICE NPD #6. THE CONTRACT RESULTING FROM THIS PROCESS IS “A PROCUREMENT NECESSARY TO PRESERVE OR PROTECT THE PUBLIC HEALTH OR SAFETY OF THE MUNICIPALITY’S RESIDENTS” AS PROVIDED FOR IN SECTION 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE. THIS INVITATION TO BID FOLLOWS A PROCEDURE ESTABLISHED BY THE CITY, HOWEVER, BECAUSE THIS REQUEST IS EXEMPT FROM CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE, THE CITY RESERVES THE RIGHT TO NEGOTIATE A CONTRACT AFTER RECEIVING ALL BIDS. THE CITY RESERVES THE RIGHT TO WAIVE ANY AND ALL IRREGULARITIES AND TO AWARD A CONTRACT IN THE BEST INTEREST OF THE CITY.
1.2
GENERAL REQUIREMENTS: 1.2.1 Obtaining Bid Documents: Bid documents, addenda, and specifications may be obtained from the Environmental Management Department web site at http://www.fortworthgov.org/dem/info/default.aspx?id=8020 in portable document format (PDF), or may be viewed at the Environmental Management Department, 908 Monroe Street (7th Floor), Fort Worth, Texas 76102 during normal business hours. Pre-Bid Meeting: A Pre-bid Meeting will be scheduled for Wednesday, October 21, 2009 at 1:00 PM at the project location, NPD #6, 1100 Nashville Avenue, Fort Worth, Texas, 2nd Floor Conference Room. Time Bid to Remain Valid: Bid submitted in accordance with this Invitation to Bid shall remain valid for 60 days after the due date. Compliance with Laws: All Contractors shall be required to comply with: • • Chapter 2258 of the Texas Government Code, with respect to the payment of prevailing wage rates for public works contracts; Chapter 17, “Human Relations,” Article III, “Discrimination,” Division 3, “Employment Practices,” of the Code of the City of Fort Worth, prohibiting discrimination in employment practices;
1-1
1.2.2
1.2.3
1.2.4
October 8, 2009
• •
Fort Worth ordinance 15530, Minority and Women Business Enterprises; and The most recent revisions of applicable federal, state, and local laws, and the regulations established by the U.S. Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health and Safety Administration (OSHA), the Texas Commission on Environmental Quality (TCEQ), the U.S. Department of Transportation (DOT), the Texas Department of Transportation (TXDOT), the City of Fort Worth and any other entity that may have jurisdiction over work being performed.
1.3
INTERPRETATION OF THE INVITATION TO BID: All requests for an interpretation of the Invitation to Bid must be made in writing and received by the Environmental Management Department, by regular mail or email, at any time up to seven (7) calendar days prior to the deadline date for submitting bids. The person submitting the request will be responsible for its prompt delivery. No oral requests for interpretation will be answered. The City will issue any interpretation of the Invitation to Bid as a formal addendum. The addenda will be posted at http://www.fortworthgov.org/dem/info/default.aspx?id=8020All addenda must be submitted with the Bid in Section 2.2. It is the Contractor’s obligation to determine whether addenda have been issued prior to the deadline for submitting the Bid. The City will not be responsible for any other explanations or interpretations. Requests for interpretations must be submitted to: Roger Grantham Environmental Management Department City of Fort Worth 1000 Throckmorton Street Fort Worth, TX, 76102-6311 817.392.6359 facsimile Email Roger.Grantham@fortworthgov.org
1.4
CONFLICTS: Should there be conflicts between the submitted Bid and the final executed contract document; the final contract shall take precedence. HOW TO SUBMIT A Bid: Each Contractor must submit ONE (1) bound original and three (3) bound copies of their Bid to the City. All items to complete the submittal must be included within the Bid or the entire Bid may be considered non-responsive and rejected. Please initial the upper right-hand corner of each page in Section 2.0. In case of ambiguity or lack of clarity, the City reserves the right to adopt the construction most advantageous to the City or to reject the bid.
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1.5
October 8, 2009
Bids must be submitted in a sealed envelope, addressed to the City of Fort Worth Purchasing Division, 1000 Throckmorton, and Fort Worth, Texas 76102. Bids must be received by the Purchasing Division no later than 1:30 p.m. on Thursday, November 12, 2009. The project number must be clearly marked on the envelope and the statement “PROJECT: DEM 10-01: NPD #6 BID DOCUMENTS ENCLOSED, DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 on Thursday, November 12, 2009” placed in the lower left-hand corner of the envelope in which the documents are delivered. If the documents are placed in an envelope that is contained inside another envelope, the statement shall be placed on the outermost envelope. Late Bids will be returned. They will not be opened nor considered in the evaluation of the Bid. Bids may be withdrawn at any time prior to the official opening. NO FAXED BIDS WILL BE ACCEPTED
1.6
SECURITY: Bids must be accompanied by a bidder’s bond in the amount of five percent (5%) of the largest possible total of the cost estimate. Alternatively, the City will accept a cashier’s check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project Contract. This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The City will only accept sureties duly qualified and authorized by the State of Texas as corporate sureties to act as bonding entities. Personal sureties are unacceptable. Additional bonding requirements can be found in Section 2.8. OPENING OF BIDS: Bids will be opened and read aloud at 2:00 P.M. on Thursday, November 12, 2009, in the Fort Worth City Council Chambers. TRADE SECRETS AND CONFIDENTIAL INFORMATION: All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. However, the City will endeavor to protect from disclosure any information in the Bids that is subject to the trade secrets exception of the Public Information Act under §552.110 of the Texas Government Code or the confidential information exception under §552.101 of the Texas Government Code. It is the responsibility of the Contractor to clearly mark as such any information they deem trade secret or confidential. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure of a Contractor to identify trade secret and confidential information in its Bid will result in all unmarked sections being deemed non-proprietary and available upon public request.
1.7
1.8
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October 8, 2009
1.9 BID EVALUATION CRITERIA: The City will award a contract to the bidder who provides services at the best value to the City. In determining the best value, the following criteria will be considered pursuant to Texas Local Government Code §252.043: 1.9.1.1 purchase price; 1.9.1.2 reputation of the bidder and of the bidder’s goods /services; 1.9.1.3 quality of the bidder’s goods or services; 1.9.1.4 extent to which the goods or services meet the City’s needs; 1.9.1.5 bidder’s past relationship with the City; 1.9.1.6 impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities; and 1.9.1.7 Total long-term cost to the City to acquire the bidder’s goods or services.
The City will select the most highly qualified Bidder responding to the request based on the above criteria. The highest overall score will determine the City’s first choice for the project award. The City may conduct such investigations as deemed necessary to assist in the evaluation of any Qualifications and to establish the responsibility, qualifications, and financial ability of the Provider, subcontractors, and other persons who are proposed to work on the project. 1.10 CONTRACT TIME: The project shall commence work within 7 days of the City Notice to Proceed. AWARD OF THE CONTRACT: The City will send a Notice of Award letter to the successful Contractor with three (3) sets of contract documents. The successful Contractor must execute the Contract in each set and return all three sets to the City. Upon receipt of the three sets, the City will execute each set and issue one set to the successful Contractor with a letter entitled Notice to Proceed. The letter authorizes work to begin and invoices to be paid. TAX EXEMPTION: The City of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in this bid. RESERVATIONS: The City reserves the right to reject any or all Bids and waive any or all formalities.
1.11
1.12
1.13
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October 8, 2009
2.0 BID DOCUMENTS Note: ALL BID DOCUMENTS MUST BE SUBMITTED IN THE SAME ORDER AS RECEIVED FROM THE CITY AND WITHIN A BOUND PACKAGE. FAILURE TO SUBMIT ALL OF THE ITEMS LISTED ON THE FOLLOWING PAGES, IN A SEALED ENVELOPE, MAY RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.
Initial ____________
2.1
BID DOCUMENT CHECKLIST All Bid Documents, including this Checklist, must be completed in full and submitted in a sealed envelope, in the requested order, to be considered as a responsive submittal. Please initial the upper right-hand corner of each page in this section. Bid Documents
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15 16 17. 18 Bid Document Checklist Acknowledgement of Receipt of Addenda Bid Solicitation Scope of Work Project Schedule Cost Estimation for Asbestos Removal Schedule of Payments Bonds M/WBE Utilization Requirements Statement of Residency Nondiscrimination Prevailing Wage Rates Insurance Certificates Provider’s Qualifications and Capabilities Provider’s Experience with Similar Projects Provider’s Sub-Contractors Contractor’s Legal and Compliance History Contractor’s Licenses & Certificates
Initial if Included
___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________
I understand that all of these items will be reviewed, and any items not included may result in my Bid being considered non-responsive. Signature Name Title Company Date
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2.2
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
2.2.1
Check if applicable ____
The undersigned acknowledges the receipt of the following addenda to the Invitation to Bid, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 Addendum Number 2 ________________________
(Date received)
________________________ (Date received) ________________________
(Date received)
Addendum Number 3
2.2.2
Check if applicable ____
The undersigned acknowledges the receipt of no addenda to the Invitation to Bid.
CONTRACTOR: ______________________________
Company Name
BY:_____________________________
(print or type name of signatory)
______________________________
Address
________________________________
(Signature)
______________________________
City, State, Zip
________________________________
Title (print or type)
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2.3
BID SOLICITATION The undersigned agrees to furnish the equipment, labor, materials, superintendence, and any other items or services necessary for performing the abatement of asbestoscontaining material (ACM) and demolition of the two-story office building located at 1100 Nashville Avenue.
THE BID SHALL BE HELD FIRM FOR A PERIOD OF 60 DAYS. The undersigned agrees that all work will be conducted in compliance with the most recent revisions of applicable federal, state, and local laws, and the regulations that may have jurisdiction over work being performed. The undersigned agrees to start work upon receipt of the Notice to Proceed. All work shall be in accordance to project schedule and contract cost estimations.
CONTRACTOR:
______________________________
(Company Name)
BY: ____________________________
(print or type name of signatory)
______________________________
(Address)
____________________________
(Signature)
______________________________
(City, State, Zip)
____________________________
(Title)
___________________________
(Phone)
__________________________
(FAX)
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2.4
SCOPE OF WORK The City of Fort Worth is seeking Bids for the furnishing of all equipment, labor, materials, superintendence, and any other items or services necessary for performing the abatement of asbestos-containing material (ACM) and demolition of the two-story office building and ancillary structures located at 1100 Nashville Avenue.
2.4.1
Removal of Asbestos: The scope of work includes removal and disposal of the following asbestos-containing or asbestos-contaminated materials utilizing wet methods within full, negative pressure containment equipped with HEPA ventilation from specified areas of the Neighborhood Police District #6 Offices. All removed materials are to be disposed of as asbestos-containing material. All debris generated from removal is to be disposed of as asbestos-containing waste. The following materials are to be removed from the specified areas. (See Attached Asbestos Specifications)
ASBESTOS ABATEMENT 3,550 SF sheetrock and joint compound (ceilings/walls) 3,300 SF floor tile/mastic 1,300 SF carpet mastic/linoleum mastic 3,400 SF of wall texture 40 TSI Piping Connections
DEMOLITION
Asbestos NESHAP demolition of NPD#6 Offices
2.4.2
Compliance With Laws: All work must be conducted in compliance with the most recent revisions of applicable federal, state, and local laws, and the regulations established by the U.S. Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health and Safety Administration (OSHA), the Texas Commission on Environmental Quality (TCEQ), the U.S. Department of Transportation (DOT), the Texas Department of Transportation (TXDOT), the Texas Railroad Commission, the City of Fort Worth and any other entity that may have jurisdiction over work being performed.
2.4.3
City’s Tasks: • •
The City of Fort Worth will provide the following for this project:
TDSHS notification preparation and revision; Payment of TDSHS notification fees; and
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•
Contracting with DSHS licensed asbestos consultant for asbestos oversight and project management duties.
Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to executing the Contract.
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2.5
PROJECT SCHEDULE Contractors shall provide a project schedule that includes all major tasks for asbestos removal and demolition pursuant to the Scope of Work and Specifications. The project schedule must be submitted with the Bid. Final schedule for all phases of the project will be determined through negotiation between Bidder and City of Fort Worth.
INCLUDE A COPY OF THE SCHEDULE FOLLOWING THIS PAGE BOUND WITHIN THE Bid PACKAGE
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2.6 2.6.1
COST ESTIMATE Proposed Contract Cost (Asbestos Removal and Demolition): Cost and value is an important element in award of this project. See Section 1.9 of this ITB for Bid evaluation criteria. The cost estimates for each line item shall be for all labor, equipment, materials, disposal, and any and all other costs associated with the performance of that line item under this Contract.
Asbestos Removal Phase
Thermal Fittings) System Insulation (40 $
Cost
Carpet/Linoleum Mastic (1,300 LF) ACM Floor Tile and Mastic (Approx.- 3,300 SF) Sheetrock and Joint Compound (Approx. – 3,550 SF) Surfacing Texture (Approx. – 3,400 SF) Subtotal
$ $
$
$
$
Demolition Phase
NPD#6 Main Office Building $
Cost
Subtotal Demolition
$
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Project Total (Asbestos Abatement + Demolition)
$
No compensation shall be paid to Contractor for the cost of obtaining and maintaining insurance, bonds, licenses, and certifications as required herein, as these are considered subsidiary to other items for which lump sum or unit prices are requested in this Bid.
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2.7
SCHEDULE OF PAYMENTS Upon receipt of final project completion documentation (i.e., Asbestos Close-out Report, applicable waste manifests), final project payments will be approved. Final payments will not be approved until project completion documentation has been submitted to and approved by the City of Fort Worth. Ten percent (10%) of total project cost will be held back until receipt of final project completion documentation.
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2.8
BONDS 2.8.1 Bid Bond
Bids must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate, to a maximum of $5,000. Alternatively, the City will accept a cashier’s check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project contract. This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The bid bond is subject to forfeiture in the event the successful Contractor fails to execute the contract documents within 10 calendar days after the contract has been awarded. 2.8.2 Payment and Performance Bonds
Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth, a payment bond if the contract is in excess of $25,000, and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth; in 100% the amount of the Contract; and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. 2.8.3 Requirements for Sureties
The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas, that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold 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; 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. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City.
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ATTACH CASHIER’S CHECK OR BID BOND HERE
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2.9
MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) UTILIZATION REQUIREMENTS An M/WBE goal of 10% has been established for this project. The Contractor shall make a good faith effort to sub-contract with or purchase supplies from M/WBE firms. The Contractor must meet or exceed the stated goal or submit documentation of a good faith effort for all applicable contracts to permit a determination of compliance with the specifications. (1) An M/WBE Utilization Plan, hereinafter referred to as the utilization plan, must be submitted with the response to the Invitation to Bids. The utilization plan must detail the steps taken to achieve M/WBE participation including but not limited to firms contacted, type of work discussed, criteria for sub-contractor selection, etc. The utilization plan must address each subcontracting opportunity available that may include professional services, waste transport, courier service, outside printing, equipment suppliers, etc. The utilization plan must also include the point of contact (including name and title) that will be designated as responsible for implementing the utilization plan, reporting on the status of utilization plan, and performing liaison duties to the City as it relates to all M/WBE issues during the contract term. The Contractor may utilize a joint venture arrangement with an M/WBE firm. In a joint venture, the Contractor may count the M/WBE portion of the joint venture toward meeting the utilization plan commitment (i.e., proposed goal is 40% and joint venture is 20% then separate M/WBE must be used for the remaining 20% not for the entire 40%). If a joint venture is proposed, the Joint Venture Eligibility Form must be completed and submitted. All M/WBE firms must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division and located in the nine county marketplace (Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall). For the purpose of determining contract compliance under the M/WBE ordinance, businesses listed as MBE or WBE within the utilization plan must be certified as such prior to a recommendation for award being made to the City Council. If during the course of work under the contract a change of any of the MBE or WBE firms identified in the original utilization plan is needed then a Change Request must be submitted to the City of Fort Worth – M/WBE Office and the change approved by same. All subcontracting and supplier opportunities directly attributed to this Contract from M/WBE firms, inclusive of 1st, 2nd, 3rd tiers, etc. sub-contractors and suppliers may be included in the utilization plan commitment. It is the sole responsibility of the Contractor to report and document all M/WBE participation dollars irrespective of tier level. The Contractor will be given credit toward the M/WBE plan when the M/WBE performs a commercially useful function. The successful Contractor will be required to submit executed contractual agreements (i.e., Master Service Agreements) or letters of intent prior to receiving the Contract Documents.
(2)
(3)
(4)
(5)
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(6)
M/WBE documentation consists of the Special Instructions To Proposers, the Subcontractor Utilization Form, the Prime Contractor Waiver Form, the Good Faith Effort Form, and the Joint Venture Form. Copies follow this section. a. b. c. If Contractor equals or exceeds the project goal, they must submit the Subcontractor Utilization Form or the Joint Venture Form. If Contractor does not have subcontracting and/or supplier opportunities, they must submit the Prime Contractor Waiver Form. If Contractor has subcontracting and/or supplier opportunities but does not include M/WBE participation in an amount which equals or exceeds the project goal, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. If Contractor has subcontracting and/or supplier opportunities but does not include any M/WBE participation, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. The Good Faith Effort documentation shall demonstrate the Contractor’s commitment and honest efforts to utilize M/WBE(s). The burden of preparing and submitting the Good Faith Effort information is on the Contractor and will be evaluated as part of the responsiveness to the Bid. A Contractor who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as nonresponsive and possible debarment.
d.
Complete M/WBE requirements are contained in City of Fort Worth ordinance 15530, Minority and Women Business Enterprises. Questions about M/WBE requirements may be directed to the City’s M/WBE Business Office at 817.392.6104. Check the appropriate box / boxes: The following M/WBE documents are included in this Bid submittal, following this page, bound within the response: Subcontractor Utilization Form Joint Venture Form Prime Contractor Waiver Form Good Faith Effort Form CONTRACTOR: ______________________________
Company Name
BY:_____________________________
(print or type name of signatory)
______________________________
Address
________________________________
(Signature)
______________________________
City, State, Zip
________________________________
Title (print or type)
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2.10
STATEMENT OF RESIDENCY
The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being declared nonresponsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in duplicate, with its bid, the Statement of Residency Form, but in any event, the low bidder shall submit this information within five (5) business days after the date of receipt of notification of apparent low bidder status from the Purchasing Division of the Finance Department. Failure to provide all required information within this designated period shall result in the apparent low bidder being considered non-responsive, and the second low bidder being considered for award. TEXAS GOVERNMENT CODE § 2252.001 defines a Texas “resident bidder" as a bidder whose principal place of business* is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252.001 defines a "Nonresident bidder" as a bidder whose parent company or majority owner does not have its principal place of business* in the state of Texas. Bidder’s complete company name: __________________________________________ State your business address in the space provided below if you are a Texas Resident bidder:
_______________________________________________________________
State your business address in the space provided below if you are a Nonresident bidder:
_______________________________________________________________
*The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means, for any type of business entity recognized in the State of Texas, that the business entity o has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and o has at least one employee who works in the Texas office Form prepared by: _______________________________
Name
_______________________________
Title
_______________________________
Date
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2.11
NONDISCRIMINATION All City contractors are required to comply with Chapter 17, “Human Relations,” Article III, “Discrimination,” Division 3, “Employment Practices,” of the Code of the City of Fort Worth, prohibiting discrimination in employment practices. Proposer agrees that Proposer, its employees, officers, agents, contractors or subcontractors, have fully complied with all provisions of such Ordinance, and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Proposer, its employees, officers, agents, contractor or subcontractors herein.
PROPOSER: ______________________________
Company Name
BY:_____________________________
(Print or type name of signatory)
______________________________
Address
________________________________
(Signature)
______________________________
City, State, Zip
________________________________
Title (print or type)
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2.12
PREVAILING WAGE RATES A Contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts according to the Fort Worth Chapter of Associated General Contractors (www.Quoin.org) . A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. The undersigned acknowledges the requirements of Chapter 2258 of the Texas Government Code, and intends to comply with same in the execution of this project.
CONTRACTOR: ______________________________
Company Name
BY:_____________________________
(print or type name of signatory)
______________________________
Address
________________________________
(Signature)
______________________________
City, State, Zip
________________________________
Title (print or type)
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2-16
Initial ____________
City of Fort Worth Building & Construction Trades Prevailing Wage Rates For 2008 Classifications Hourly Rates Classifications Hourly Rates Air Conditioning Mechanic $23.95 Sheetrock Hanger $13.37 Air Conditioning Mechanic Helper $15.00 Sheetrock Hanger Helper $9.48 Acoustic Ceiling Installer $16.25 Sprinkler System Installer $20.50 Acoustic Ceiling Installer Helper $10.53 Sprinkler System Installer Helper $11.00 Bricklayer/Stone Mason $19.88 Steel Worker Structural $19.72 Bricklayer/Stone Mason Helper $10.54 Steel Worker Structural Helper $11.71 Carpenter $19.03 Welder $18.82 Carpenter Helper $14.69 Welder Helper $13.95 Concrete Finisher $14.95 Concrete Finisher Helper $10.09 Concrete Form Builder $15.40 Concrete Form Builder Helper $8.81 Drywall Taper $13.00 Drywall Taper Helper $11.70 Electrician Journeyman $23.00 Heavy Equipment Operators Hourly Rates Crane, Clamshell, Backhoe, Electrician Helper $16.51 $20.17 Derrick, Dragline, Shovel Electronic Technician $23.18 Forklift Operator $13.33 Electronic Technician Helper $13.36 Foundation Drill Operator $17.55 Floor Layer (Carpet) $15.17 Front End Loader Operator $13.16 Floor Layer (Resilient) $20.72 Truck Driver $17.17 Floor Layer Helper $13.72 Glazier $21.92 Glazier Helper $15.82 Insulator (Pipe) $17.95 Insulator Helper (Pipe) $13.40 Laborer Common $11.93 Laborer Skilled $14.98 Lather $18.60 Lather Helper $11.12 Metal Building Assembler $14.29 Metal Building Assembler Helper $9.33 Painter $17.42 Painter Helper $8.00 Pipefitter $20.82 Pipefitter Helper $14.77 Plasterer $19.93 Plasterer Helper $14.16 Reinforcing Steel Setter $12.50 Roofer $14.00 Roofer Helper $10.00 Source is Fort Worth Chapter Sheet Metal Worker $19.45 Associated General Contractors (www.Quoin.org) 01/30/2008 Sheet Metal Worker Helper $14.52
PROJECT: DEM 10-01: NPD#6
2-17
Initial ____________
2.13
INSURANCE CERTIFICATES A successful Contractor will be required by the contract to have insurance coverage as detailed below. Contractor must provide Certificates of Insurance in the amounts and for the coverages required to the Environmental Management Department, Administrative Offices, with Contract documents. For bidding purposes a COI that meets all of the folloing requirements “for bid purposes only” is acceptable. (a) Insurance coverage and limits: 1. Commercial General Liability Insurance o $1,000,000 each occurrence o $2,000,000 aggregate Coverage shall include but not be limited to the following: premises/operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. 2. Automobile Liability Insurance – A. Coverage on vehicles involved in the work performed under this contract: o $1,000,000 per accident on a combined single limit basis or: o $500,000 bodily injury each person; $500,000 bodily injury each accident; and $250,000 property damage
B. Uninsured/Underinsured Motorist: o $20,000 bodily injury each person; $40,000 bodily injury each accident; and$15,000 property damage each accident The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 3. Worker’s Compensation – o Coverage A: statutory limits o Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Workers’ Compensation and Employers’ Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Art. 8308 – 1.01 et seq. Tex. Rev. Civ. Stat.), and minimum policy limits for Employers’ Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee.
PROJECT: DEM 10-01: NPD#6
2-18
Initial ____________
4.
Environmental Impairment Liability (EIL) and/or Pollution Liability $2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). Asbestos Abatement Insurance - $2,000,000 each occurrence with no Sunset Clause.
5.
(b)
Certificates of insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. Certificate(s) of insurance shall document that insurance coverage specified according to items in section (a) above are provided under applicable policies documented thereon. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor‘s insurance policies. Notice shall be sent to Brian Boerner, Director, Department of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract.
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7.
PROJECT: DEM 10-01: NPD#6
2-19
Initial ____________
8.
The City shall be entitled, upon its request and without incurring expense, to review the Contractor’s insurance policies including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor’s overhead. All insurance required in section (a) above, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor’s insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract.
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FOR PURPOSES OF EVALUATING THIS INVITATION TO BID, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) THAT MEETS THE ABOVE REQUIREMENTS FOLLOWING THIS PAGE AND BOUND WITHIN THE BID PACKAGE.
PROJECT: DEM 10-01: NPD#6
2-20
Initial ____________
2.14
PROVIDER’S QUALIFICATIONS and CAPABILITIES
2.14.1 Contractor’s Qualifications and Capabilities: Briefly describe Contractor’s qualifications and capabilities include available equipment and capabilities. (Maximum 5 pages) Licenses and Certifications: Provide copies of necessary company licenses and certifications required to complete project. • • Bidder shall provide a copy of their current Texas Sales/Use Tax Certificate. Bidder shall provide a Certificate of Good Standing with the Texas Secretary of States’ office.
All requested documentation shall follow this page and be bound within the Bid
PROJECT: DEM 10-01: NPD#6
2-21
Initial ____________
2.15
PROVIDER’S EXPERIENCE WITH SIMILAR PROJECTS Bidder shall provide at least four project references similar in scope and size to that of this Solicitation. Each project references shall include the following information: Company’s Name Name and Title of Contact/Project Email, Phone, and Address of Contact Contract/Project Value Brief Description of Service Provided
PROJECT: DEM 10-01: NPD#6
2-22
Initial ____________
2.16
PROVIDER’S SUB-CONTRACTOR’S
2.16.1 List of Subcontractors: Complete the following information and submit it with the Bid to permit the City of Fort Worth to more fully evaluate the submittal’s quality prior to awarding the contract.
Subcontractor’s Name Subcontractor’s Address Subcontractor’s Telephone No. Subcontractor’s FAX Number Proposed Tasks on the Project
IF NECESSARY, PROVIDE MORE SHEETS TO DESCRIBE ADDITIONAL SUBCONTRACTORS.
PROJECT: DEM 10-01: NPD#6
2-23
2.17
CONTRACTOR’S LEGAL AND COMPLIANCE HISTORY Contractor’s legal and compliance history is a critical component of this Invitation to Bid. Read this section with care and respond accordingly. Failure of the Contractor to provide all the information requested and to certify the report, will result in the Contractor’s submittal being declared non-responsive. Contractor shall attach a written report of legal action brought against Contractor, Contractor’s officers, Contractor’s employees, AND Contractor’s proposed subcontractors relating to the protection of the environment. The terms “legal action” and “relating to the protection of the environment” are defined below. The report shall include all legal action brought within five (5) years of the closing date of this Invitation to Bid. The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all fines, judgments, and/or settlements. Include the following information for each case at a minimum: • • • • Style of Case ( X vs. Y ) Cause Number Court Date of Disposition • • • • Settlement Information (as appropriate) Names / Addresses of all parties named Counsel List and phone numbers Judgment and Order of Judgment
"LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (including its predecessor agency the Texas Natural Resource Conservation Commission), the Texas Department of State Health Services (including its predecessor agency the Texas Department of Health), and any other state agency, commission or department, whether in Texas or elsewhere, when such enforcement action is a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relating to the protection of the environment. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, civil litigation and criminal prosecution. Legal action also means any civil litigation brought by any person relating to the protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the manufacture, processing, distribution, use, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the air, surface water, drinking water, groundwater, storm water, publicly owned treatment works, or land. THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Contractor, using the form on the following page. The top portion of the form is to be completed if a report of legal action is attached. The bottom portion of the form is to be completed if Contractor has no legal action to report. Make certain that the appropriate portion of the form is filled out and signed.
PROJECT: DEM 10-01 NPD#6
AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR shall mean: (1) if the Contractor is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; if the Contractor is a partnership, a general partner; and If the Contractor is a sole proprietorship, the sole proprietor.
(2) (3)
INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION PAGE AND BOUND WITHIN THE BID
PROJECT: DEM 10-01 NPD#6
Certification of Contractor’s Legal and Compliance History
Complete ONE of the Following Certifications:
Certification of Legal Action Report I certify under penalty of law that the attached Legal Action Report detailing Contractor’s, Contractor’s officers, Contractor’s employees, and Contractor’s proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: _____________________________________________________ (Company Name) _________________________________
(print or type name of signatory)
BY:_______________________________
(signature)
__________________________________
(title)
_________________________________
(date)
Certification of NO Legal Action I certify under penalty of law that the legal and compliance history of Contractor, Contractor’s officers, Contractor’s employees, and Contractor’s proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor’s officers, Contractor’s employees, or Contractor’s proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: _____________________________________________________ (Company Name) _________________________________
(print or type name of signatory)
BY:_______________________________
(signature)
__________________________________
(title)
_________________________________
(date)
PROJECT: DEM 10-01 NPD#6
2.18
PROVIDER’S LICENSES & CERTIFICATES Contractor shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, except for TDSHS notification and fees as specified in Section 2.4.7 of this Invitation to Bid. The undersigned acknowledges the requirements of this section, and intends to comply with same in the execution of this project.
CONTRACTOR: ______________________________
Company Name
BY:_____________________________
(print or type name of signatory)
______________________________
Address
________________________________
(Signature)
______________________________
City, State, Zip
________________________________
Title (print or type)
PROJECT: DEM 10-01 NPD#6
3.0 TECHNICAL SPECIFICATIONS
3.1 Demolition Specifications:
Site Preparation Prior to any abatement or demolition activities, the contractor will remove all universal waste items including light bulbs, mercury-containing devices, paints, pesticides, etc. These items will be properly packaged and disposed by the contractor. The contractor will provide documentation (waste manifest, bill of lading, etc.) that the waste was properly disposed. Contractor will disconnect all associated air conditioning units and properly evacuate any remaining refrigerant contained within the units prior to being disconnected. Utilities have been terminated to the sites. Prior to demolition, the contractor will be responsible for verifying that all utilities (i.e. natural gas, telephone, water, etc.) have been disconnected. Contractor will cut and cap all site utilities at point of connection to the site.
Site Work The structure will be abated of all ACM and will be demolished removing all slabs/foundations, utility infrastructure and grading of the parcel to properly manage storm water. Prior to the start of abatement and demolition of any structure, each structure shall be inspected to ensure the safety of the crew. Demolition activities will include the demolition of the site structure, and slabs/foundations. Streets, drives, and curbs will remain in place. All demolition debris will be removed from the site and recycled or disposed in a landfill accepting such waste. All foundations will be removed down to a minimum of 2 feet below grade. If foundations/piers extend beyond 2 feet below grade, they may be severed at that point and left in place. Contractor shall clean and remove all remaining furniture, household furnishings, building materials, tires, debris, trash, rubbish and any other solid waste from the premises. These materials shall be recycled, reclaimed or disposed at a facility or landfill that is approved to accept such waste. Demolition activities will be performed in accordance with Federal, State and local visible emission requirements (i.e. no visible emissions will leave the demolition
PROJECT: DEM 10-01 NPD#6
area). Water is available in the vicinity of the construction area. The work area will be maintained in a manner that will control all demolition debris from becoming windblown and/or migrating from the work area during and after working hours. Upon receipt of a notice to proceed and prior to demolition, contractor must obtain a wrecking permit to demolish the subject structure from the Development Department, telephone (817) 392-2222. In obtaining the wrecking permit, the contractor will be required to abide by City of Fort Worth ordinance number 17228, also known as the “Tree Preservation Ordinance.” Under the preservation ordinance, no tree 6” diameter or greater will be removed and all trees within 50 feet of a structure will be protected as per Tree Ordinance #17228. Removing trees that interferes with construction is permissible while still retaining 25% of existing canopy. A copy of the ordinance has been included as Appendix B. It is the City’s intent to leave all trees in place and only remove trees that are dead or will jeopardize the health and safety of the workers performing demolition activities. Upon completion of the demolition work, the Contractor will obtain a final inspection on the wrecking permit from the Building Inspection Division in the Development Department. (call 2222 to verify) Upon completion of the entire project, contractor shall sweep dirt and debris from the haul routes used to ensure any sediment tracked from the site is collected.
PROJECT: DEM 10-01 NPD#6
3.2 Asbestos Specifications: ( Please see addendum, when posted)
PROJECT: DEM 10-01 NPD#6