HomeMy WebLinkAboutContract 26453 CITY 318-2610 33
SECRETARY
ADDENDUM NO. 1 CITY CONTRACT NSECRETARY 45J
TO
PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS
FOR
CITY OF FORT WORTH
WOODVALE WATER EXTENSION
TO: PROSPECTIVE BIDDERS AND PLAN HOLDERS
The Plans, Specifications and Contract Documents shall be modified as required by the following
items: .
Item 1-1 gin
Specifications, TABLE OF CONTENTS:
Page i, Part E: DELETE the following:
"08310 - Horizontal Access Door".
Item 1-2
Specifications, PART B— PROPOSAL:
ap
Delete in its entirety and replace with attached"PART B—PROPOSAL"(Attachment AD1-1).
on Item 1-3
Specifications, Part E—TECHNICAL SPECIFICATIONS:
PP Section 01002 —MEASUREMENT AND PAYMENT:
9
Delete in its entirety and replace with attached "SECTION 01002—MEASUREMENT
an AND PAYMENT" (Attachment AD1-2).
Item 1-4
MCIDIDSpecifications, Part E—TECHNICAL SPECIFICATIONS: mvle
Section 02778— EROSION CONTROL BLANKET.
Paragraph 1.03.A.1, Delete"and seeded backing."�
Addendum No. 1 - Page 1
City of Fort Worth, Texas
4veloor and Council Communication
DATE REFERENCE NUMBER LOG NAME 7PAGE10/24/00 **C-18314 60WHI1 of 2
SUBJECT AWARD OF CONTRACT TO WHIZCON UTILITIES, INC. FOR CONSTRUCTION OF
THE WOODVALE WATER EXTENSION
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a construction contract
with Whizcon Utilities, Inc. for the Woodvale Road area water extension on the low bid of$358,320.75.
DISCUSSION:
On February 23, 1999 (M&C C-17293), the City Council approved an engineering contract with Alan
Plummer Associates, Inc. for the design of a water line to serve residents along the north shore of Lake
Worth.
On December 21, 1999 (M&C C-17794), the City Council approved Amendment No. 1 which added the
design of the water line extension to serve the Woodvale Road area. The residents in the Woodvale
Road area are currently receiving water service from a private water company (Woodvale Water, Inc.),
whose system is becoming increasingly difficult to operate and maintain. By agreement with Woodvale
Water, Inc., the proposed water line would allow the residents to receive service from the City.
This project was advertised for bid on July 23 and August 3, 2000. On August 31, 2000, the following
bids were received:
Bidder Amount Bid
Whizcon Utilities. Inc. $358,320.75
William J. Schultz, Inc. d/b/a Circle "C" Construction Company $381,416.00
R. A. Development, Inc. $446,531.00
H&W Utility Contractors $512,533.00
Stocker Enterprises, Inc. $521,334.00
Davila Construction, Inc. $578,300.75
Architectural Utilities, Inc. d/b/a AUI General Contractors $681,364.40
Whizcon Utilities, Inc. is in compliance with the City's M/WBE Ordinance by committing to 13% M/WBE
participation. The City's goal on this project is 13%.
In addition to the contract amount, $15,000.00 is required for contingencies, $17,500.00 is budgeted for
consttuction inspection, and $2,000.00 for staff support and review.
e
This project is located in COUNCIL DISTRICT 7.
City of Fort Worth, Texts
4vagor and coun"R col"I"Uni cation
DATE REFERENCE NUMBER LOG NAME PAGE
10/24/00 **C-18314 60WHIz 2 of 2
SUBJECT AWARD OF CONTRACT TO WHIZCON UTILITIES, INC. FOR CONSTRUCTION OF
THE WOODVALE WATER EXTENSION
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Water Capital Projects Fund.
MGA
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
Dale Fisseler 8207 (from) OCT 24 2M
P160 541200 060160151230 $358,320.75 �&`t,e- -tj
Additional information Contact:
City Secretary of the
CUT of Fort Worth.Texas
Dale Fisseler 8207
318-2610
W Item 1-4 (continued)
Replace paragraph 1.03.13 with the follow:
No
B. Surface slope 3:1 or greater
1. General: Provide 100% biodegradable mat with a straw and coconut
on fiber matrix.
2. Matrix: Homogeneous mixture of 70% straw at 0.35 Ib/sy and 30%
coconut fiber at 0.15 Ib/sy shall be evenly distributed over the entire mat
at a density of 0.5 Ib/sy.
'� 3. Netting: Biodegradable, natural organic fiber thread shall be woven into
approximately % inch by 1 inch mesh on both sides of the blanket.
Netting should weigh approximately 9.3 lbs/1000 sf.
FM 4. Provide North American Green SC15013N or approved equal.
Item 1-5
A
Specifications, Part E—TECHNICAL SPECIFICATIONS:
PM Delete Section 08310— HORIZONTAL ACCESS DOOR.
Item 1-6
SM Plans, Sheet G-003: Add the following note:
"40. Purging, pipe sterilization, and dechlorination of water shall be in accordance with
'" Part — D Special Conditions paragraph 80.12. The contractor shall provide all
materials and chemicals, including dechlorination chemicals."
op Item 1-7
Plans, Sheet C-006:
ow
Station 52+69.60, delete "W/ 10X10X4 TEE REFER TO DETAIL ON SHEET C-009."
Beginning at Station 52.+ 69.60, Delete the following:
"4" Line and fittings.
PRV Vault and reference to standard detail.
Connection to existing 2.5"water line."
PM
W Addendum No. 1 - Page 2
318-2610
Item 1-8
Plans, Sheet C-009: Delete the following details:
"CONNECTION TO EXISTING SERVICE.
PRESSURE REDUCING VALVE PIT SECTION.
DOOR DRAIN DETAIL.
F CONNECTION MATERIALS."
Item 1-9
Plans, Sheet C-010:
Add Sheet C-010 (ATTACHMENT AD1-3)to the plans.
All items in conflict with this addendum are hereby deleted.
THIS ADDENDUM IS MADE PART OF THE SPECIFICATIONS AND CONTRACT DOCUMENTS,
AND SHALL BE ACKNOWLEDGED ON THE PROPOSAL AND ON THE BID ENVELOPE.
ALAN PLUMMER ASSOCIATES, INC.
Jeffrey E. Caffey, P.E. a ,%S OF Te. ''90
August 25, 2000PW
�5�.••' ' ``77�s
.e'............................
e JEFFREY E. CAFFEY s
................................e
►f'�9: 81896 :;��'•
`sCSSTEa0.0 s�
�011AL t
G
Addendum No. 1 - Page 3
318-2610
PART B - PROPOSAL
(This proposal must not be removed from this book of Contract Documents.)
TO: Mr. Bob Terrell
City Manager
Fort Worth, Texas
PROPOSAL FOR: furnishing of all materials and equipment and labor and all necessary
appurtenances and incidental work to provide a complete and operable project designated as:
,ft Woodvale Water Extension
Water Dept. Project No. PW77-060770153220
Pursuant to the foregoing Notice to Bidders,the undersigned Bidder, having thoroughly examined
the Contract Documents, including plans, special documents and the General Specifications for
W. Water Department Projects, the site of the project and understanding the amount of work to be
done, and the prevailing conditions hereby proposes to do all the work, furnish all the labor,
equipment and material, except as specified to be furnished by the City,which is necessary to fully
complete the work as provided in the plans and contract Documents and subject to the inspection
and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and
binds himself upon acceptance of this proposal to execute a contract and furnish an approved
- Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be
required by the Contract Documents for the performing and completing of the said work. Contractor
proposes to do the work within the time stated and for the following sums:
".
B-1 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
BASE BID
1 150 LF Furnish and install 6-inch DIP water
line in accordance with the drawings
and specification, including clearing
trees and brush, excavation,
backfilling, fittings, detectable
r warning tape, concrete blocking, and
accessories as specified or shown,
complete in place for the sum of
Dollars and Cents per
linear foot.
2 1560 LF Furnish and install 8-inch water line in
accordance with the drawings and
specification, including clearing trees
and brush, excavation, backfilling,
boring, fittings, detectable warning
tape, concrete blocking, and
accessories as specified or shown,
complete in place for the sum of_
Dollars and Cents per
linear foot. $ $
3 6,580 LF Furnish and install 10-inch water line
in accordance with the drawings and
specification, including clearing trees
and brush, excavation, backfilling,
boring, fittings, detectable warning
" tape, concrete blocking, and
accessories as specified or shown,
complete in place for the sum of_
Dollars and Cents per
�. linear foot. $
B-2 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
4 160 LF Furnish and install 10-inch DIP
restrained joint water line in
accordance with the drawings and
specification, including clearing trees
and brush, excavation, backfilling,
boring, fittings, detectable warning
tape, concrete blocking, and
accessories as specified or shown,
complete in place for the sum of_
Dollars and Cents per
linear foot. 5
5 20 CY Provide excavation to depths greater
y than 6 feet as required to construct
water line in accordance with the
drawings and specification,complete
in place for the sum of
Dollars and Cents per
cubic yard. $ $
6 100 LF Provide concrete encasement for all
pipe sizes in accordance with the
drawings and specification complete
in place for the sum of
Dollars and Cents per
linear foot. $
7 30 EA Furnish and install clay or flowable fill
collars as specified or as shown,
complete in place for the sum of_
Dollars and Cents per
each. $
B-3 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
8 44 EA Furnish and install 1-inch pressure
reducing valve in accordance with the
drawings and specification, including
excavation, backfilling, fittings,
concrete blocking, and accessories
as specified or shown, complete in
place for the sum of
Dollars and Cents per
each. $
9 10 EA Furnish and install 6-inch gate valve
in accordance with the drawings and
specification, including excavation,
backfilling, fittings, valve box,
concrete blocking, and accessories
as specified or shown, complete in
place for the sum of
Ri
Dollars and Cents per
each.
10 2 EA Furnish and install 8 inch gate valve
in accordance with the drawings and
specification, including excavation,
backfilling, fittings, valve box, joint
restraint, and accessories as
specified or shown,complete in place
for the sum of
Dollars and Cents per
each. $ r
11 12 EA Furnish and install 10 inch gate valve
in accordance with the drawings and
specification, including excavation,
backfilling, fittings, valve box, joint
restraint, and accessories as
specified or shown,complete in place
for the sum of
Dollars and Cents per
each. $ $
B-4 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
12 10 EA Furnish and install fire hydrants In
accordance with the drawings and
specification, including excavation,
backfilling,fittings,concrete blocking,
and accessories as specified or
shown,complete in place for the sum
of
Dollars and Cents per
each. $ $
13 1 LS Connect to existing 10-inch water line
in accordance with the drawings and
specification, including excavation,
backfilling, fittings, detectable
warning tape, joint restraint, and
{" accessories as specified or shown,
complete in place for the sum of_
Dollars and Cents per
lump sum. $
14 46 EA Provide and install 1-inch service tap
onto main and route service line in
accordance with the drawings and
dW specification, including excavation,
backfilling, fittings, corporation stop,
and accessories as specified or
shown, complete in place for the sum
of
Dollars and Cents per
each. $ $
15 46 EA Provide and install single 1-inch
meter box in accordance with the
drawings and specification, including
excavation, backfilling, fittings, and
accessories as specified or shown,
complete in place for the sum of
Dollars and Cents per
each.
B-5 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
16 44 EA Provide and install single 1-inch
water meter for new service line in
accordance with the drawings and
specification, including excavation,
backfilling, fittings, and accessories
as specified or shown, complete in
place for the sum of
Dollars and Cents per
each. $ $
17 1,420 LF Repair asphalt paved surfaces
z removed by trenching for main,
laterals and service lines in
accordance with the drawings and
specification, including backfill,
compaction,asphalt,and accessories
as specified or shown, complete in
place for the sum of
Dollars and Cents per
linear foot. $ S
18 100 LF Repair concrete paved surfaces
removed by trenching for main,
laterals and service lines in
accordance with the drawings and
specification, including backfill,
compaction, concrete, and
accessories as specified or shown,
complete in place for the sum of
Dollars and Cents per
linear foot. $ $
19 50 CY Type "E" (1500 psi) concrete for
miscellaneous placement, complete
in place for the sum of
Dollars and Cents per
cubic yard. $ $
B-6 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
20 50 CY Crushed limestone for miscellaneous
placement, complete in place for the
sum of
Dollars and Cents per
cubic yard. $ $
21 8,073 LF Provide seeding and geotextile
blanket for slopes less than 3:1, in
accordance with the drawings and
specifications, complete in place and
anchored for the sum of
Dollars and Cents per
linear foot. $
22 200 LF Provide seeding and geotextile
blanket for slopes greater than 3:1, in
accordance with the drawings and
specifications, complete in place and
anchored for the sum of
Dollars and Cents per
linear foot.
y 23 1,230 SF Furnish and install sod around meter
boxes, fire hydrants and over
backfilled trenches located on
managed or private lawns in
accordance with the drawings and
specification, complete in place for
the sum of sum of
Dollars and Cents per
square foot. $
B-7 ATTACHMENT A01-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
24 5.25 Tons Furnish and install DI, IVIJ fittings of
various sizes and types, including
t excavation, backfilling, joint restraint
and accessories as specified or
shown,complete in place for the sum
of
Dollars and Cents per ton. $ $
25 8,233 LF For providing a pollution prevention
system for stormwater discharge in
accordance with the Specifications
and the EPA regulations, and the
assumption of the responsibility of
said pollution prevention system,
complete in place for the sum of
7 Dollars and Cents per
linear foot. $
26 1,000 LF For providing a trench excavation
safety protection system in
accordance with the Specifications
and OSHA regulations, and the
assumption of the responsibility of
said protection system, complete in
place for the sum of
Dollars and Cents per
linear foot. $
TOTAL PROJECT BID:
TOTAL AMOUNT BID FOR ITEMS
(ITEMS 1-26)
Dollars
and Cents. $
The Bidder shall list the pipe materials(for example: 10 inch main, DR-14 C-900) and the name of
the Fire Hydrant manufacturer he proposes to provide. Pipe materials and Fire hydrant
manufacturer/model shall be on Fort Worth Water Department approved standard products list.
B-8 ATTACHMENT AD1-1
318-2610
PIPE MATERIALS ARE: (circle one for each size)
10" Pipe Class 51 DIP or DR-14 PVC C-900
8" Pipe Class 51 DIP or DR-14 PVC C-900
THE FIRE HYDRANT MANUFACTURER IS:
Within ten days after acceptance of this Proposal,the undersigned will execute the formal contract
and will deliver an approved Surety Bond and such other bonds as required by the Contract
Documents,for the faithful performance of the Contract. The attached bid security in the amount of
(5 percent)of the total amount bid is to become the property of the City of Fort
Worth, Texas, in the event the contract and bonds are not executed and delivered within the time
set forth, as liquidated damages for the delay and additional work caused thereby.
The undersigned bidder certifies that he has been furnished at least one set of the General Contract
Documents and General Specifications for Water Department Projects,dated July 21,2000,and all
addendum thereto, and that he has read and thoroughly understands all the requirements and
conditions of those General Documents and the Specific Contract Documents and appurtenant
plans.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors, and employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of City
Ordinance No. 7278 as amended by City Ordinance No. 7400.
The bidder agrees to begin construction within 10 calendar days after issue of the work order.
Construction shall be finally complete within 135 working days of issuance of work order.
(Complete A or B below, as applicable:)
A. The principal place of business of our company is in the State of
Non-resident Bidders in the State of , our principal place of business are
required to be
AM
—percent lower than resident Bidders by state law. A copy of the statute is attached.
Non-resident Bidders in the State of , our principal place of business are not
required to underbid resident Bidders.
B. The principal place of business of our company or our parent company or majority holder
is in the State of Texas.
The bidder understands that the ENGINEER and OWNER will evaluate the qualifications of the
bidder to perform the specified project and that, although obtaining pre-qualification from the Fort
Worth Water Department is necessary to bid the project, it does not guarantee a favorable
recommendation of award of a construction contract for this project.
B-9 ATTACHMENT AD1-1
318-2610
Receipt is hereby acknowledged of the following addenda to the Contract Documents:
Addendum No. 1 dated Received
Addendum No. 2 dated Received
Addendum No. 3 dated Received
Addendum No. 4 dated Received
Addendum No. 5 dated Received
Respectfully submitted,
Attested by:
Signature Signature
Printed Name and Title Printed Name and Title
Company Name
Mailing Address
Street Address
- City and State
Telephone Number
Seal and Authorization
(If Corporation)
B-10 ATTACHMENT AD1-1
318-2610
SECTION 01002
MEASUREMENT AND PAYMENT
1.00 GENERAL
The 'Bid Price" for each and every item, as set forth in the proposal, shall include the
furnishing of all labor,tools,materials, machinery,appliances,and equipment appurtenant to
and necessary for the construction and completion in a first class,workmanlike manner of all
work as herein specified in strict accordance with these specifications and accompanying
plans. The"Bid Price" shall also include any and all kinds, amount or class of excavation,
backfilling, pumping, or drainage, sheeting, shoring and bracing, disposal of any and all
surplus materials, protection of all overhead, surface or underground structures; removal
and replacement of any poles,conduits,pipelines,appurtenances and connections,cleaning
up, overhead expense, bonds, public liability and compensation and property damage
insurance, patent fees, and royalties, risk due to the elements, mobilization and
demobilization, and profits, unless otherwise specified.
A The bid price shall also include all other incidentals not specifically mentioned above that
may be required to fully construct each and every item complete in place in accordance with
the true intent and meaning of the specifications and accompanying plans.
The Contractor shall take all measures necessary to protect existing structures, lawns,trees,
shrubbery, etc., on the areas adjacent to the work,that are not necessary to remove or cut
as a part of the construction, and if damaged, shall replace them in as good condition or
better than previously existed at his own cost and expense without additional compensation
from the Owner.
The Contractor shall protect and save all trees located on leased lots or between the
property lines and the street right-of-way, and all trees noted in the plans and as instructed
by the Owner without additional compensation by the Owner.
Listed below are descriptions of items as listed in the Proposal and the manner in which
payment shall be awarded for each. If there is not a specific measurement and/or payment
section, paragraph or item associated with each Technical Specification contained in this
Contract Document,then the following descriptions shall be used to describe measurement
and payment.
2.00 BID ITEMS
2.01 ITEM NOS. 1, 2, 3, and 4 - PIPE
The unit price bid per linear foot of pipe, at all depths and at the various locations shown in
the proposal and included in the Contract shall be full compensation for saw cutting and
removing pavement, driveways and sidewalks; removing all utilities; clearing trees and
brush; sawing, boring, hammering, trenching and dewatering; for furnishing and installing
pipe, pipe detection tape,transition pieces, closure pieces,fencing,backfill and embedment
01002-1 ATTACHMENT AD1-2
318-2610
material, carrier pipe within encasement pipe; conducting hydrostatic testing and
disinfection; and for clean up, disposal, replacing utilities and structures, and other work
necessary for acceptable installation completely in place.
Measurement for the pipe at various locations shall be the actual horizontal length along the
centerline of the pipe, from center to center of connecting pipes or to ends of pipes,with no
deduction in length made for valves, fittings and adapters. No separate measurement will
be made for payment for trenching, depth of installation, boring, saw cutting and removal of
pavement and sidewalks, disposal, dewatering, hydrostatic testing, pigging, purging,
sterilization with chlorination and dechlorination, transition pieces, concrete encasement,
concrete blocking,fencing,joint restraints,topsoil, and replacement of structures but will be
considered subsidiary to installing the pipe.
2.02 ITEM NO. 5—ADDITIONAL EXCAVATION
The unit price per cubic yard of material removed beyond 6 feet of deep as required to install
pipe and accessories as shown or described in the proposal and included in the contract
shall be full compensation for furnishing materials, equipment and labor for any additional
excavation required.
Trenching, boring, backfill, saw cutting, hammering, pavement removal, dewatering, clean
up, disposal, replacing utilities and structures up to a depth of 6 feet will be paid under
items 1, 2, 3, and 4.
2.03 ITEM NO. 6- CONCRETE ENCASEMENT
The unit price per linear foot of concrete encasement as measured along centerline of
waterline at locations shown or described in the proposal and included in the contract shall
be full compensation for furnishing materials,equipment and labor for constructing concrete
encasements.
Trenching, boring, backfill, saw cutting, hammering, pavement removal, dewatering, clean
up, disposal, replacing utilities and structures up to a depth of 6 feet will be paid under
items 1, 2, 3, and 4.
2.04 ITEM NO. 7- CLAY OR FLOWABLE FILL COLLARS
The unit price per each clay or flowable fill collar shall be full compensation for furnishing
and installing clay collars at 300-foot intervals along main and branch lines, and 20-foot
intervals along pipe slope as shown on Sheet C-009 completely in place. Excavation,
backfill, and dewatering will be paid under Items 1, 2, 3, and 4.
h 2.05 ITEM NO. 8— PRESSURE REDUCING VALVES
The unit price per each for pressure reducing valve at locations and sizes shown in the
proposal and included in the contract shall be full compensation for furnishing and installing
the pressure reducing valve; all required accessories and appurtenances; saw cutting and
removing pavement, driveways, and sidewalks; removing all utilities; trenching and
dewatering;transition pieces,closure pieces,concrete blocking,valve box,fittings,fencing,
01002-2 ATTACHMENT AD1-2
318-2610
backfill and embedment material; conducting hydrostatic testing, purging, and sterilization,
and for cleanup, disposal, replacing utilities and structures, and other work necessary for
acceptable installation completely in place.
Measurement for the pressure reducing valve will be the actual number installed. No
separate measurement will be made for payment for trenching, depth of installation, saw
cutting and removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing,
purging, sterilization, transition pieces, concrete blocking, fittings, fencing, joint restraints,
replacement of structures, or furnishing and installing topsoil around valve box, but will be
considered subsidiary to installing the valve.
2.06 ITEM NOS. 9, 10, and 11 -GATE VALVES
The unit price per each for gate valve and box at locations and sizes shown in the proposal
and included in the contract shall be full compensation for furnishing and installing the gate
valve and box or manhole; all required accessories and appurtenances; saw cutting and
MW removing pavement, driveways, and sidewalks; removing all utilities; trenching and
dewatering; transition pieces, closure pieces, concrete blocking, joint restraint, fencing,
backfill and embedment material;conducting hydrostatic testing,purging, and sterilization,;
and for cleanup, disposal, replacing utilities and structures, and other work necessary for
acceptable installation completely in place.
Measurement for the gate valve and box or manhole will be the actual number installed. No
separate measurement will be made for payment for trenching, depth of installation, saw
cutting and removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing,
purging, sterilization, transition pieces, concrete blocking, fittings, fencing,joint restraints,
— replacement of structures, or furnishing and installing topsoil around valve box or manhole,
but will be considered subsidiary to installing the valve.
2.07 ITEM NO. 12 - FIRE HYDRANT
The unit price per each for fire hydrants at locations shown in the proposal and included in
the contract shall be full compensation for furnishing and installing the fire hydrant; all
required accessories and appurtenances; saw cutting and removing pavement, driveways,
and sidewalks; removing all utilities; trenching and dewatering; transition pieces, closure
pieces, concrete encasement, concrete blocking, joint restraint, fencing, backfill and
embedment material; conducting hydrostatic testing; and for cleanup, disposal, replacing
utilities and structures, and other work necessary for acceptable installation completely in
place.
Measurement for the fire hydrants will be the actual number installed. No separate
measurement will be made for payment for trenching, depth of installation, saw cutting and
removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing, purging,
sterilization, transition pieces, concrete blocking, fencing, joint restraints, replacement of
structures, or furnishing and installing topsoil around fire hydrant, but will be considered
subsidiary to installing the hydrant.
01002-3 ATTACHMENT AD1-2
318-2610
2.08 ITEM NO. 13 - CONNECTION TO EXISTING WATER LINE
The unit price bid per each connection shall be full compensation for furnishing and installing
connections at the various locations shown in the drawings and included in the Contract,and
shall include all excavation; dewatering; furnishing and installing all concrete bases,
corporation stop and valve boxes,fittings, miscellaneous valves, miscellaneous metals, all
necessary anchors, supports, all backfill, and all other incidentals required to provide the
connection in place and in operation.
Measurement for the connections shall be the actual number of connections installed.
Fittings, valves vaults, vault access doors, anchors, supports, and all other appurtenances
will not be measured but will be considered subsidiary to installing connections.
2.09 ITEM NO. 14 - SERVICE TAP
The unit price bid per each tap, at all depths and at the various locations shown in the
proposal and included in the Contract shall be full compensation for saw cutting and
removing pavement, driveways and sidewalks; removing all utilities; trenching and
dewatering; for furnishing and installing copper pipe, corporation stop pipe detection tape,
transition pieces, closure pieces, concrete blocking, shutoff valves,fittings,fencing, backfill
and embedment material, hydrostatic testing, disinfection; and for clean up, disposal,
replacing utilities and structures, and other work necessary for acceptable installation
completely in place.
Measurement for service taps shall be the actual number of taps made and service lines
routed to property line. No separate measurement will be made for payment for trenching,
., depth of installation, saw cutting and removal of pavement and sidewalks, disposal,
dewatering, hydrostatic testing, purging, sterilization,transition pieces,fittings,fencing,joint
restraints,topsoil, replacement of structures but will be considered subsidiary to installing the
pipe.
Street repair included in items 17 and 18.
2.10 ITEM NO. 15 - METER BOX
Unit price per meter box,supplied and installed on a service tap, shall be full compensation
for saw cutting and removing pavement, driveways and sidewalks; removing all utilities;
trenching and dewatering; for furnishing and installing copper pipe, pipe detection tape,
transition pieces, closure pieces, concrete blocking,shutoff valves,fittings,fencing, backfill
and embedment material, hydrostatic testing; and for clean up, disposal, replacing utilities
and structures, and other work necessary for acceptable installation completely in place.
. Measurement for meter box shall be the actual number supplied and installed. No separate
measurement will be made for payment for trenching, depth of installation, saw cutting and
removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing, purging,
PM sterilization, transition pieces, fittings, fencing, joint restraints, topsoil, replacement of
structures but will be considered subsidiary to installing a meter box.
Im
Rn
01002-4 ATTACHMENT AD1-2
318-2610
n 2.11 ITEM NO. 16-WATER METER
The unit price per each water meter at locations and sizes shown in the proposal and
included in the contract shall be full compensation for furnishing and installing the water
meter; all required accessories and appurtenances; saw cutting and removing pavement,
driveways,and sidewalks; removing all utilities;trenching and dewatering;transition pieces,
closure pieces, concrete blocking, fittings, fencing, backfill and embedment material;
conducting hydrostatic testing, purging, and sterilization,; removal of existing service meter
and box; repair of hole resulting from removal existing meters and boxes; and for cleanup,
disposal, replacing utilities and structures, and other work necessary for acceptable
installation completely in place.
Measurement for the water meter will be the actual number installed. No separate
measurement will be made for payment for trenching, depth of installation, saw cutting and
removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing, purging,
sterilization, transition pieces, concrete blocking, fittings, fencing, joint restraints,
replacement of structures, or furnishing and installing topsoil around valve box or manhole,
but will be considered subsidiary to installing the meter.
2.12 ITEM NO. 17 -ASPHALT PAVEMENT REPAIR- TRENCH
The unit price per each linear foot of asphalt pavement repaired shall be full compensation
for replacing pavement removed from street, driveway and / or sidewalk following backfill
and compaction of trench as shown on drawings and other work necessary for acceptable
installation including concrete subbase as necessary completely in place.
T Measurement and payment shall be actual horizontal length along center line of pipe,where
trenching is used to install piping main, lateral or service across an existing asphalt paved
surface.
2.13 ITEM NO. 18- CONCRETE PAVEMENT REPAIR - TRENCH
The unit price per each linear foot of concrete pavement repaired shall be full compensation
for replacing pavement removed from street, driveway and / or sidewalk following backfill
and compaction of trench as shown on drawings and other work necessary for acceptable
installation completely in place.
Measurement and payment shall be actual horizontal length along center line of pipe,where
trenching is used to install piping main, lateral or service across an existing concrete paved
surface.
2.14 ITEM NO. 19-TYPE "E" (1500 PSI) CONCRETE
The Type"E"concrete Bid Item is intended to be used when additional Type "E"concrete is
required as directed by the OWNER at locations not shown in the Plans, or the
Specifications.
The unit price bid per cubic yard of additional Type "E"concrete shall be full compensation
when authorized by the OWNER, for furnishing and installing Type "E" concrete at any
01002-5 ATTACHMENT AD1-2
PM
318-2610
locations within the pipeline project, which is not shown in the Plans or the Specification.
Payment will be made on the actual quantity authorized in writing by the OWNER.
The furnishing and installing of concrete encasement, concrete cradles, concrete blocking,
pavement repair,etc., at locations shown on the Plans or as required in the Specification will
be paid for under Item Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 15, 17, 22, 23, 24, 28, and 29,
subsidiary to the construction of the pipeline.
2.15 ITEM NO. 20—CRUSHED LIMESTONE
The crushed limestone Bid Item is intended to be used when additional crushed limestone is
required as directed by the OWNER at locations not shown in the Plans,or the.Specification.
The unit price bid per cubic yard of crushed limestone shall be full compensation when
authorized by the OWNER, for furnishing and installing crushed limestone at any locations
within the pipeline project,which is not shown in the Plans or the Specification. Payment will
be made on the actual quantity authorized in writing by the OWNER.
The furnishing and installing of crushed limestone at locations shown in the Plans or the
Specification will be paid for under Item Nos. 1, 2, 3, 4, 5, and 6, subsidiary to the
construction of the pipeline.
2.16 ITEM NOS. 21 AND 22 -GEOTEXTILE BLANKET AND SEEDING
The unit price bid per linear foot of geotextile shall be full compensation for seeding, laying,
cutting and anchoring blanket on all disturbed soil and watering per specification and other
work necessary to achieve an acceptable growth of grass.
Measurement and payment shall be horizontal length along center line of pipe.
2.17 ITEM NO. 23—SOD
The unit price per square foot of sod shall be full compensation for furnishing, installing and
watering sod around meter boxes,valve boxes/pits and over trenching located on managed
or private lawns, completely in place and growing. Provide sod to match the grass type of
existing establish growth,when present. Provide bermuda grass sod when a predominate
species of grass is not existing.
Measurement and payment shall be square feet of sod installed within the following
limitations. Quantity of sod installed over a trench shall not exceed an area two feet longer
and two feet wider than the trenched area being covered. Sod placed around valve boxes,
meter boxes or manholes shall not extend more than 18 inches beyond the outside
perimeter of the structure. Quantities exceeding these limits are not payable under this item.
01002-6 ATTACHMENT AD1-2
318-2610
2.18 ITEM NO. 24—DUCTILE IRON FITTINGS
The unit price per ton of ductile iron fittings at various locations, types, and sizes shown in
the proposal and included in the contract shall be full compensation for furnishing and
installing the fittings;all required accessories and appurtenances;saw cutting and removing
pavement, driveways, and sidewalks; removing all utilities; trenching and dewatering;
transition pieces, closure pieces, concrete blocking, fencing, backfill and embedment
material;conducting hydrostatic testing, purging,and sterilization;and for cleanup,disposal,
replacing utilities and structures, and other work necessary for acceptable installation
completely in place.
Measurement for the ductile iron fittings will be the actual weight of fitting installed. No
separate measurement will be made for payment for trenching, depth of installation, saw
cutting and removal of pavement and sidewalks, disposal, dewatering, hydrostatic testing,
purging, sterilization, transition pieces, concrete blocking, fencing, joint restraints,
replacement of structures, but will be considered subsidiary to installing fittings.
2.19 ITEM NO. 25 - STORMWATER POLLUTION PREVENTION SYSTEM
The unit price bid per linear foot shall be full compensation for designing, furnishing and
installing a storm water discharge pollution prevention system and shall include all
geotechnical work; permits; design and all material and labor necessary to provide a
pollution prevention system in accordance with the specifications, and including additional
measures as may be required to meet local codes and ordinances, proper maintenance of
the system during and after construction and proper removal and disposal when completed.
-� Measurement for the pollution prevention system shall be along the centerline of the pipeline
and shall be inclusive of both sides of the pipe trench. Payment for stormwater pollution
prevention shall be 50 percent coinciding with payment of pipeline, and 50 percent at
establishment of ground cover to 70 percent coverage and cleanup of pollution control
measures as described in Appendix A: Stormwater Pollution Prevention Plan.
2.20 ITEM NO. 26-TRENCH EXCAVATION SAFETY PROTECTION SYSTEM
The unit price bid per linear foot shall be full compensation for designing, furnishing and
installing a trench excavation safety protection system and shall include all geotechnical
work,all shoring(including any special shoring),sheeting, bracing and any other equipment,
labor, designed by a Professional Engineer, and inspected by competent personnel on a
daily basis, and all material and labor necessary to provide a trench safety system in
accordance with the specifications. Measurement for the trench safety system along the
pipeline shall be measured along the centerline of the pipeline.
END OF SECTION
01002-7 ATTACHMENT AD1-2
ps
318-2610
WOODVALE WATER EXTENSION
tw CITY OF FORT WORTH
Date/Time for Receiving Bids: 1:30 p.m. Thursday, August 31,2000
on
PLANHOLDER'S LIST
August 25, 2000
P.
Dodge Reports- Dallas/Fort Worth Conatser Construction, Inc.
1300 Summit Avenue, Suite 740 5327 Wichita Street
Fort Worth,Texas 76102-4424 Fort Worth, Texas 76119
(817) 338-4788; Fax: (817) 338-4880 (817) 534-1743/FAX: (817)534-4556
Ms. Marcie Turner (6,7) Mr. Steve Conatser(19)
CMD/Associated General Contractors H &W Utility Contractors
417 Fulton 305 Main Street
-� Fort Worth,Texas 76104 Lake Dallas,Texas 75065
(817) 882-9109; Fax: (817)882-9163 (940) 321-5158/FAX: (940)321-5160
Ms. Dee Hadnott (8) Mr. Mike Haynes (20)
DFW Minority Business Council Architectural Utilities, Inc.
1000 Tower South 300 W. Ramsey
2720 Stemmons Frwy. Fort Worth, Texas 76110
Dallas, Texas 75207 (817) 926-4377/FAX: (817) 926-4387
(214)630-0747; Fax: (214) 637-2241 Mr. Doug Alumbaugh (21)
Mr. Bill Hunter(9)
Whizcon Utilites, Inc.
North Texas Construction Report& Plan Room 5224 B Mosson Road
11325 Pegasus,S-233 West Arlington,Texas 76119
Dallas,Texas 75238 (817) 572-3302/FAX: (817)572-2327
(214) 342-9200; Fax: (214) 342-9050 Mr. Bill Fox (22)
Ms. Linda Gant(10)
Burleson Utilities, Inc.
Jackson Construction, Inc. 1040 S. Burleson Blvd.
5112 Sun Valley Drive Burleson,Texas 76028
Fort Worth, Texas 76119 (817)295-8240/FAX: (817)295-0926
(817)572-3303 Fax(817)478-0443 Mr.Jerry Shaw(23)
$ Mr. Steve Haberstroh (15)
M-CO Construction, Inc.
Ragan Excavation 6816 Harmonson Road
3904 Tamworth Road North Richland Hills, Texas 76180
Fort Worth, Texas 76116 (817)589-7601/FAX: (817)589-9155
(817) 738-6187/FAX: Same Mr. Alford Main (24)
Mr.Johnny Ragan (16)
CNJ Construction, Inc.
Humphrey& Morton Construction Co., Inc. 955 Cedar View
5136 Vesta Farley Cedar Hill,Texas 75104
Fort Worth, Texas 76119 (972)299-6366/FAX: ((972)299-6373
(817) 478-8088 Fax: (817) 561-2368 Mr. Robert Moore (25)
Mr. Charles Klutz(17)
RCON, Inc.
- D.R. Utilities, Inc. 3301 Conflans, Suite 205
216 Pecan Street Irving, Texas 75061
Azle, Texas 76020 (972)313-1811/FAX: (972) 313-1372
(817)444-2682/FAX:(817) 270-0179 Mr. Les Roberts (26)
This list is furnished as a convenience only. Alan Plummer Associates, Inc. accepts no responsibility for
its accuracy or completeness.
1
`\ p�Q
, a
ww
a�<�
n��od Qo oa� o� 8
'ems CL1 D
�
x`Jr bJ "� W
Q
o�ttY e; 6 o Jb
RYEbee ~
° 03 j % ✓ j DoE a=a �gta �a $�
o:5
bp Ma ;
s / pd
b=' 9;8oi
man
za
� 4A�t`I o; 10 men
o /men
y �t'�tdY ape
57+00 � 3 \ > v
>
J V w \N z o W
3 I~ p < Q — —
z m 3 k
W / tQ UUt't w Z�R>v ¢ Q n
f/] r
I w K V w 3 3
h �
S ' E°seme f°sem Lu
NoC7 ¢ f F-
10 Z 2 > 6 O ffi
o z z
44
J v a w a oo
N'� g
�Tg r
iT# `
55+00 �o� • I � J�
sa+oo
_k o _ pro ?
o y
��� _ �n
U<
Q�J�F�
\ i GRz
w 6 ( zWz7l�
00",
w
�zzx
AA
NJ \ i zl
CITY
a' -SECRETARY
SPECIAL CONTRACT DOCUMENTS
FOR
WOODVALE WATER EXTENSION
WATER DEPARTMENT PROJECT NO. PW77-060770153220
BOB TERRELL
CITY MANAGER
DALE A. FISSELER, P.E.
DIRECTOR
WATER DEPARTMENT
w
A. DOUGLAS RADEMAKER, P.E. S. FRANK CRUMB, P.E.
DIRECTOR ASSISTANT DIRECTOR
DEPARTMENT OF ENGINEERING ENGINEERING & PLANNING
WATER DEPARTMENT WATER DEPARTMENT
318-2610
CITY OF FORT WORTH, TEXAS
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
WOODVALE WATER EXTENSION
TABLE OF CONTENTS
Table of Contents
F" PART A Notice to Bidders
Special Instructions to Bidders
PART B Proposal
Minority and Women Business Enterprises Specifications
(Including MWBE Ordinance)
PART C General Conditions
PART CS Supplementary Conditions
PART D Special Conditions
PART E Technical Specifications
01001 -General Construction Requirements
01002 - Measurement and Payment
01010- Construction Sequence Items
01301 -Contractor's Submittals
02220 - Flowable Fill
02778 - Erosion Control Blankets
08310— Horizontal Access Door
15106- Pressure Reducing Valve
PART F Bonds and Insurance
1. PART G Contract
APPENDIX A—STORM WATER POLLUTION PREVENTION PLAN
APPENDIX B— PROJECT SIGN
r
i
PART A
NOTICE TO BIDDERS
318-2610
PART A - NOTICE TO BIDDERS
Sealed proposals for the furnishing of all labor, materials, equipment and all necessary for
construction of the Woodvale Water Extension, Water Department Project Number PW77-
060770153220, addressed to Mr. Bob Terrell, City Manager of City of Fort Worth, Texas, will be
received until 1:30 a.m. on the date of the bid opening,at the Office of the Purchasing Manager,City
of Fort Worth, located in the lower level of the Municipal Building, 1000 Throckmorton Street, Fort
Worth,Texas 76102. The bids will be publicly opened and read aloud in the City Council Chambers
at:
2:00 PM, August 31, 2000
Special Contract Documents, including plans and detailed specifications, have been prepared for
this project and may be obtained from the office of Alan Plummer Associates, Inc., 7524 Mosier
View Court, Suite 200, Fort Worth, Texas 76118. One set of documents will be provided to
prospective bidders for thirty-five dollars ($35); such deposit will be refunded if the
document is returned in good condition within 10 days after bids are opened. Additional sets
may be purchased on a non-refundable basis for thirty-five dollars ($35) per set.
General Contract Documents and Specifications for the Water Department projects,dated July 20,
2000, with the latest revisions, also comprise a part of the Special Contract Documents for this
project and may be obtained by paying a non-refundable fee of fifty dollars($50)for each set, at the
Engineering Service Division Office of the Fort Worth Water Department, 1000 Throckmorton Street,
Fort Worth,Texas 76102. Pre-qualification according to the Fort Worth Water Department Special
Instructions to Bidders is required.
A pre-bid conference will be held at 10 a.m., August 10, 2000, at the Eagle Mountain Water
Treatment Plant Conference Room, 6801 Bowman Roberts Road, Fort Worth, Texas 76179. All
bidders must be pre-qualified with the City of Fort Worth Water Department a minimum of seven(7)
days prior to the bid opening.
a
The City reserves the right to reject any and all Bids and waive any and all irregularities. No bid may
be withdrawn until the expiration of ninety (90) days from the date the Bids are received.
For additional information, please contact Jeff Caffey at Alan Plummer Associates, Inc., at (817)
284-2724.
Bob Terrell
City Manager
,�- Gloria Pearson
City Secretary
Publication: July 27, 2000
August 3, 2000
f*
A-1
SPECIAL INSTRUCTION TO BIDDERS
(WATER DEPARTMENT)
1. PREQUALIFICATION REQUIREMENT: All contractors submitting bids are required to
be prequalified by the Fort Worth Water Department prior to submitting bids. This
Prequalification Process will establish a bid limit based on a technical evaluation and
financial analysis of the contractor. It is the bidder's responsibility to submit the following
documentation: a current financial statement, an acceptable experience record, an acceptable
equipment schedule and any other documents the Department may deem necessary, to the
Director of the Water Department at least seven (7)calendar days prior to the date of the
opening of bids.
(a) The financial statement required shall have been prepared by an independent certified
public accountant or an independent public accountant holding a valid permit issued
by an appropriate State licensing agency and shall have been so prepared as to reflect
the financial status of the submitting company. This statement must be current and not
more than one(1)year old. In the case that a bidding date falls within the time a new
statement is being prepared,the previous statement shall be updated by proper
verification.
(b) For an experience record to be considered to be acceptable for a given project, it must
reflect the experience of the firm seeking qualification in work of both the same nature
and technical level as that of the project for which bids are to be received.
(c) The Director of the Water Department shall be the sole judge as to the acceptability for
financial qualification to bid on any Fort Worth Water Department project.
(d) Bids received in excess of the bid limit shall be considered non-responsive and will be
rejected as such.
(e) The City, in its sole discretion,may reject any bid for failure to demonstrate
experience and/or expertise.
(f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and
if inadvertently opened, shall not be considered.
(g) The City will attempt to notify prospective bidders whose qualifications (financial or
experience) are not deemed to be appropriate to the nature and/or magnitude of the
project on which bids are to be received. Failure to notify shall not be a waiver of any
necessary prequalification.
3182610/Part A-spec_instdoc
1
1
2. BID-SECURITY: A cashier's check or acceptable bidder's bond payable to the City of Fort
Worth in an amount of not less than five percent (5 %) of the largest possible total of the bid
submitted must accompany the bid, and is subject to forfeiture in the event the successful
bidder fails to execute the Contract Documents within (10) days after the contract has been
awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included
on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten
times the limit of the bond. The surety must be licensed to do business in the State of Texas.
The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth
(1/10)the total capital and surplus.
3. BONDS: A performance bond, a payment. bond and a maintenance bond each for one
hundred(100%)percent of the contract price will be required, Reference C 3-3.7.
4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort
Worth, Texas and as set forth in the contract documents must be paid on this project.
5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal •
the City reserves the right to adopt the most advantageous construction thereof to the City or
to reject the Proposal.
6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas.
7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City
of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid
is lower than the lowest bid submitted by a responsible Texas resident bidder by the same
amount that a Texas resident bidder would be required to underbid a nonresident bidder to
obtain a comparable contract in the State in which the nonresident's principal place of
business is located.
Nonresident bidder means a bidder whose principal place of business is not in the State of
Texas, but excludes a contractor whose ultimate parent company or majority owner has its
principal place of business in the State of Texas.
This provision does not apply if this contract involves Federal funds.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order
for the bid to meet specifications. The failure of a nonresident contractor to do so will
automatically disqualify that bidder.
8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid
within forty-five(45) calendar days after completion and acceptance by the City.
9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal
Government, Contractor covenants that neither it, nor any of its officers, members, agents,
employees, program participants or subcontractors while engaged in performing this
-2-
3182610/Part A-spec_inst.doc
contract, shall, in connection with the employment, advancement or discharge of employees
in connection with the terms, conditions or privileges of their employment, discriminate
against persons because of their age except on the basis of a bona fide occupational
qualification, retirement plan, or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit
for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirements.
Contractor warrants it will fully comply with the policy and will defend, indemnify and hold
City harmless against any claims or allegations asserted by third parties or subcontractors
and/or its subcontractors' alleged failure to comply with the above referenced Policy
concerning age discrimination in the performance of this agreement.
10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of
PF 1990 (`ADA'), Contractor warrants that it and any and all of its subcontractors will not
unlawfully discriminate on; the basis of disability in the provision of services to the general
public, nor in the availability, terms and/or conditions of employment for applicants for
employment with or employees of Contractor or any of its subcontractors. Contractor
warrants it will fully comply with the ADA's provisions and any other applicable Federal,
State and local laws concerning disability and will defend, indemnify and hold City harmless
against any claims or allegations asserted by third parties or subcontractors against City
arising out of contractor's and/or its subcontractors' alleged failure to comply with the above
referenced Policy concerning age discrimination in the performance of this agreement.
11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City of
Fort Worth Ordinance No. 11923 the City of Fort Worth has goals for the participation of
minority business enterprises and women business enterprises in City contracts. A copy of the
Ordinance can be obtained from the Office of the City Secretary. In order for a bid to be
considered responsive the AFFIDAVIT STATEMENT included within these bid documents
must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT
STATEMENT shall render the bid non-responsive. In addition, the bidder shall submit the
MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FROM and/or the
GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The documentation must
be received no later than 5:00 PM, five (5) City business days after the bid opening date. The
bidder shall obtain a receipt from the appropriate employee of the managing department to
whom delivery was made. Such receipt shall be evidence that the documentation was
received by the City. Failure to comply shall render the bid non responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate information
regarding actual work performed by a Minority Business Enterprise (MBE and/or, a
r
-3-
3182610/Part A-spec_inst.doc
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 AN
misrepresentation of facts (other than a negligent misrepresentation) and/or the commission
of fraud by the Contractor will be grounds for termination of the contract and/or initiating
action under appropriate federal state or local laws or ordinances relating to false statements.
Further, any such misrepresentation (other than a negligent and/or commission of fraud will
result in the Contractor being determined to be irresponsible and barred from participating in
City work for a period of time of not less than three(3) years. �.
AM
ME
.y
-4-
3182610/Part A-spec_instdoc
PART B
PROPOSAL
318-2610
PART B - PROPOSAL
(This proposal must not be removed from this book of Contract Documents.)
TO: Mr. Bob Terrell
City Manager
Fort Worth, Texas
PROPOSAL FOR: furnishing of all materials and equipment and labor and all necessary
appurtenances and incidental work to provide a complete and operable project designated as:
Woodvale Water Extension
Water Dept. Project No. PW77-060770153220
Pursuant to the foregoing Notice to Bidders, the undersigned Bidder, having thoroughly examined
the Contract Documents, including plans, special documents and the General Specifications for
Water Department Projects, the site of the project and understanding the amount of work to be
done, and the prevailing conditions hereby proposes to do all the work, furnish all the labor,
equipment and material, except as specified to be furnished by the City,which is necessary to fully
complete the work as provided in the plans and contract Documents and subject to the inspection
and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and
binds himself upon acceptance of this proposal to execute a contract and furnish an approved
Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be
required by the Contract Documents for the performing and completing of the said work. Contractor
proposes to do the work within the time stated and for the following sums:
B-1 ATTACHMENT ADI-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
BASE BID
1 150 LF Furnish and install 6-inch DIP water
line in accordance with the drawings
and specification, including clearing
trees and brush, excavation,
backfilling, fittings, detectable
warning tape, concrete blocking, and
accessories as specified or shown,
complete in place for the sum of
Twenty
Dollars and No Cents per
linear foot. $ 20.00 $ 3,000.00
2 1560 LF Furnish and install 8-inch water line in
accordance with the drawings and
specification, including clearing trees
and brush, excavation, backfilling,
boring, fittings, detectable warning
tape, concrete blocking, and
accessories as specified or shown,
complete in place for the sum of
Twenty-Two
Dollars and No Cents per
linear foot. $ 22.00 $ 34,320.00
3 6,580 LF Furnish and install 10-inch water line
in accordance with the drawings and
specification, including clearing trees
and brush, excavation, backfilling,
boring, fittings, detectable warning
tape, concrete blocking, and
accessories as specified or shown,
complete in place for the sum of
Twenty-Four
Dollars and No Cents per
linear foot. $ 24.00 $ 157,920.00
B-2 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
4 160 LF Furnish and install 10-inch DIP
restrained joint water line in
accordance with the drawings and
specification, including clearing trees
and brush, excavation, backfilling,
boring, fittings, detectable warning
tape, concrete blocking, and
accessories as specified or shown,
complete in place for the sum of
Thirty-Four
Dollars and No Cents per
linear foot. $ 34.00 $ 5,440.00
5 20 CY Provide excavation to depths greater
than 6 feet as required to construct
water line in accordance with the
drawings and specification,complete
in place for the sum of
One Hundred Twenty-Five
Dollars and No Cents per
cubic yard. $ 125.00 $ 2,500.00
6 100 LF Provide concrete encasement for all
pipe sizes in accordance with the
drawings and specification complete
in place for the sum of
Twenty-Eight
Dollars and No Cents per
linear foot. $ 28.00 $ 2,800.00
7 30 EA Furnish and install clay or flowable fill
collars as specified or as shown,
complete in place for the sum of
Two Hundred
Dollars and No Cents per
each. $ 200.00 $ 6,000.00
B-3 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
8 44 EA Furnish and install 1-inch pressure
reducing valve in accordance with the
drawings and specification, including
excavation, backfilling, fittings,
concrete blocking, and accessories
as specified or shown, complete in
place for the sum of
Seventy-Five
Dollars and No Cents per
each. $ 75.00 $ 3,300.00
9 10 EA Furnish and install 6-inch gate valve
in accordance with the drawings and
specification, including excavation,
backfilling, fittings, valve box,
concrete blocking, and accessories
as specified or shown, complete in
place for the sum of
Five Hundred Fifty
Dollars and No Cents per
each. $ 550.00 $ 5,500.00
10 2 EA Furnish and install 8 inch gate valve
in accordance with the drawings and
specification, including excavation,
backfilling, fittings, valve box, joint
restraint, and accessories as
specified or shown,complete in place
for the sum of
Six Hundred Fifty
Dollars and No Cents per
each. $ 650.00 $ 1,300.00
11 12 EA Furnish and install 10 inch gate valve
in accordance with the drawings and
specification, including excavation,
backfilling, fittings, valve box, joint
restraint, and accessories as
specified or shown,complete in place
for the sum of
Eight Hundred Fifty
Dollars and No Cents per
each. $ 850.00 $ 10,200.00
B-4 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
12 10 EA Furnish and install fire hydrants in
accordance with the drawings and
specification, including excavation,
backfilling,fittings, concrete blocking,
and accessories as specified or
shown, complete in place for the sum
of One Thousand Two Hundred
Dollars and No Cents per
each. $ 1,200.00 $ 12,000.00
13 1 LS Connect to existing 10-inch water line
in accordance with the drawings and
specification, including excavation,
backfilling, fittings, detectable
warning tape, joint restraint, and
accessories as specified or shown,
complete in place for the sum of_
One Thousand
Dollars and No Cents per
lump sum. $ 1,000.00 $ 1,000.00
14 46 EA Provide and install 1-inch service tap
onto main and route service line in
accordance with the drawings and
specification, including excavation,
backfilling, fittings, corporation stop,
and accessories as specified or
shown,complete in place for the sum
of Five Hundred
Dollars and No Cents per
each. $ 500.00 $ 23,000.00
15 46 EA Provide and install single 1-inch
meter box in accordance with the
drawings and specification, including
excavation, backfilling, fittings, and
accessories as specified or shown,
complete in place for the sum of
Eighty
Dollars and No Cents per
each. $ 80.00 $ 3.680.00
B-5 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
16 44 EA Provide and install single 1-inch
water meter for new service line in
accordance with the drawings and
specification, including excavation,
backfilling, fittings, and accessories
as specified or shown, complete in
place for the sum of
One Hundred Fifty
Dollars and No Cents per
each. $ 150.00 $ 6,600.00
17 1,420 LF Repair asphalt paved surfaces
removed by trenching for main,
laterals and service lines in
accordance with the drawings and
specification, including backfill,
compaction,asphalt,and accessories
as specified or shown, complete in
place for the sum of
Twenty-One
Dollars and No Cents per
linear foot. $ 21.00 $ 29,820.00
18 100 LF Repair concrete paved surfaces
removed by trenching for main,
laterals and service lines in
accordance with the drawings and
specification, including backfill,
compaction, concrete, and
accessories as specified or shown,
complete in place for the sum of
Forty-Five
Dollars and No Cents per
linear foot. $ 45.00 $ 4,500.00
19 50 CY Type "E" (1500 psi) concrete for
miscellaneous placement, complete
in place for the sum of
One Hundred Twenty-Five
Dollars and No Cents per
cubic yard. $ 125.00 $ 6,250.00
B-6 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
20 50 CY Crushed limestone for miscellaneous
placement, complete in place for the
sum of
Twenty
Dollars and No Cents per
cubic yard. $ 20.00 $ 1,000.00
21 8,073 LF Provide seeding and geotextile
blanket for slopes less than 3:1, in
accordance with the drawings and
specifications, complete in place and
anchored for the sum of
One
Dollars and Seventy-Five Cents per
linear foot. $ 1.75 $ 14,127.75
22 200 LF Provide seeding and geotextile
blanket for slopes greater than 3:1, in
accordance with the drawings and
specifications, complete in place and
anchored for the sum of
Five
Dollars and No Cents per
linear foot. $ 5.00 $ 1,000.00
23 1,230 SF Furnish and install sod around meter
boxes, fire hydrants and over
backfilled trenches located on
managed or private lawns in
accordance with the drawings and
specification, complete in place for
the sum of sum of
One
Dollars and No Cents per
square foot. $ 1.00 $ 1,230.00
B-7 ATTACHMENT AD1-1
318-2610
Item Approx. Description of Items with Unit Extended
No. Quantity Bid Prices Written In Words Price Amount Bid
24 5.25 Tons Furnish and install DI, MJ fittings of
various sizes and types, including
excavation, backfilling, joint restraint
and accessories as specified or
shown,complete in place for the sum
of Two Thousand Four Hundred
Dollars and No Cents per ton. $ 2,400.00 $ 12,600.00
25 8,233 LF For providing a pollution prevention
system for stormwater discharge in
accordance with the Specifications
and the EPA regulations, and the
assumption of the responsibility of
said pollution prevention system,
complete in place for the sum of
One
Dollars and No Cents per
linear foot. $ 1.00 $ 8,233.00
26 1,000 LF For providing a trench excavation
safety protection system in
accordance with the Specifications
and OSHA regulations, and the
assumption of the responsibility of
said protection system, complete in
place for the sum of
One
Dollars and No Cents per
linear foot. $ 1.00 $ 1,000.00
TOTAL PROJECT BID:
TOTAL AMOUNT BID FOR ITEMS
(ITEMS 1-26) Three Hundred Fifty
Eight Thousand Three Hundred
Twenty Dollars
and Seventy-Five Cents. $ 358,320.75
The Bidder shall list the pipe materials(for example: 10 inch main, DR-14 C-900) and the name of
the Fire Hydrant manufacturer he proposes to provide. Pipe materials and Fire hydrant
manufacturer/model shall be on Fort Worth Water Department approved standard products list.
B-8 ATTACHMENT AD1-1
318-2610
PIPE MATERIALS ARE: (circle one for each size)
10" Pipe Class 51 DIP or DR-14 PVC C-900
8" Pipe Class 51 DIP or DR-14 PVC C-900
THE FIRE HYDRANT MANUFACTURER IS: Clow
Within ten days after acceptance of this Proposal,the undersigned will execute the formal contract
and will deliver an approved Surety Bond and such other bonds as required by the Contract
Documents,for the faithful performance of the Contract. The attached bid security in the amount of
$25,000 (5 percent) of the total amount bid is to become the property of the City of Fort
Worth, Texas, in the event the contract and bonds are not executed and delivered within the time
set forth, as liquidated damages for the delay and additional work caused thereby.
The undersigned bidder certifies that he has been furnished at least one set of the General Contract
Documents and General Specifications for Water Department Projects,dated July 21,2000,and all
addendum thereto, and that he has read and thoroughly understands all the requirements and
conditions of those General Documents and the Specific Contract Documents and appurtenant
plans.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors, and employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of City
Ordinance No. 7278 as amended by City Ordinance No. 7400.
The bidder agrees to begin construction within 10 calendar days after issue of the work order.
Construction shall be finally complete within 135 working days of issuance of work order.
(Complete A or B below, as applicable:)
A. The principal place of business of our company is in the State of
Non-resident Bidders in the State of , our principal place of business are
required to be
percent lower than resident Bidders by state law. A copy of the statute is attached.
Non-resident Bidders in the State of , our principal place of business are not
required to underbid resident Bidders.
X B. The principal place of business of our company or our parent company or majority holder
is in the State of Texas.
The bidder understands that the ENGINEER and OWNER will evaluate the qualifications of the
bidder to perform the specified project and that, although obtaining pre-qualification from the Fort
Worth Water Department is necessary to bid the project, it does not guarantee a favorable
recommendation of award of a construction contract for this project.
B-9 ATTACHMENT AD1-1
318-2610
Receipt is hereby acknowledged of the following addenda to the Contract Documents:
Addendum No. 1 dated Auqust 25, 2000 Received yes
Addendum No. 2 dated Received
Addendum No. 3 dated Received
Addendum No. 4 dated Received
Addendum No. 5 dated Received
Respectfully submitted,
Attested by:
Signature Signature
Carol Whisenant, President Eddie T. Pemell—Utility Supt.
Printed Name and Title Printed Name and Title
Whizcon Utilities, Inc.
Company Name
P.O. Box 173071,Arlington, TX 76003
Mailing Address
5224B Mosson Road
Street Address
Fort Worth, TX 76119
City and State
817-572-2282
Telephone Number
Seal and Authorization
(If Corporation)
B-10 ATTACHMENT AD1-1
MINORITY AND WOMEN ENTERPRISES SPECIFICATIONS
Ci of Fort Worth
Minority and Women business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value of the contract Is $25,000 or more, the M/WBE goal is applicable. If the total dollar
value of the contract Is less than$25,000,the M/WBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business
Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective
of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide
goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current
Minority and Women Business Enterprise Ordinance apply to this bid.
MNVBE PROJECT GOALS
The City's MBE/WBE goal on this project is 13 %of the base bid value of the contract.
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 MfWBE goal,or;
2. Good Faith Effort documentation, or;
3. Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department, within the following times allocated, in
order for the entire bid to be considered responsive to the specifications.
1. M/WBE Utilization Form, if goal received by 5:00 p.m.,five(5)City business days after the
is met or exceeded: bid opening date,exclusive of the bid opening date.
2. Good Faith Effort Form and M/WBE received by 5:00 p.m.,five(5)City business days after the
Utilization Form, if participation is bid opening date,exclusive of the bid opening date.
less than stated goal:
3. Good Faith Effort Form if no received by 5:00 p.m.,five(5)City business days after the
participation: bid opening date,exclusive of the bid opening date.
4. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the
bid opening date,exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING
CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
Any questions, please contact the MfWBE Office at(817)871-6104.
PW Rev.6119100
4
ATTACHMENT 1A
Page 1 of 2
�- City of Fort Worth
Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION
ME COMPANY NAME BID DATE
ZCo.tI UTiw SES. i g. = PW77-060770153220
3.rT NAME PROJECT NUMBER
00D 04 Ltr Wrof E Dom!
"Y'S M/WBE PROJECT GOAL: 13% IM/WBE PERCENTAGE ACHIEVED: t{3aJv
It 3 to complete this form, in its entirety with supporting documentation, and received by the Managing Department
or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid
n,-considered non-responsive to bid specifications.
undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this
ieA-jle, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
:r7 ►resentation of facts is grounds for consideration of disqualification and will result in the bid being considered
i-responsive to specifications.
:C pany Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount
Aodress, and Telephone No. Scope of Work(•) Supplied(') �--
oc m
H 0 � F
a 191 - 8- oafs ---- to n7, )At 14,4tjj4,4L.S
i -4o - 1 SI 4,40 /fi4NC b
M/WBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid.
Fof—y
all areas in which MWBE's are to be utilized and/or items to be supplied:
plete listing of items to be supplied is required In order to receive credit toward the MIWBE goal.
i tify each Tier level. Tier.Means the level of subcontracting below the prime contractor/consultant,Le.,a direct payment
from the prime contractor to a subcontractor is considered 1"tier,a payment by a subcontractor to
its supplier is considered 2n°tier.
imlS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5)CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
Rev.6/2198
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
ATTACHMENT 114
Page 2 of 2
Ci of Fort-drtn:.
Minority and Women business Enterprise Specifications
MBEMBE UTILIZATION
�ompany Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount
Address,and Telephone No. < Scope of Work(•) Supplied(* ,z;
1 oor
o m
L - Z N H
r
r' e bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding
tual work performed by all subcontractors, including MBE(t) and/or WBE(s) arrangements submitted with this bid
The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company tha+
ll substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or
nployee 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
fate or Local laws concerning false statements. Any failure to comply with this ordinance and creates a materia
f-ate
of contract may result in a determination of an irresponsible offeror and barred from participating in City wort
re
a period of time not less than one (1)year.
n ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD
Aut�jorized Signature Printed Signature
tie Contact Name and Title (if different)
14/#/7-i0ai/ V T/L.17-1 E
,off mpany Name Telephone Number(s)
v. l3pX /730 7/ Ll 7-S";7;L-- a 3 Z7
ddress Fax Number
City/State/'Zip Code Date
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
Rev
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
ATTACHMENT 1B
City of Fort Worth Page 1 of 1
Minority and Women Business Enterprise Specifications
Prime Contractor Waiver
Prime Company Name Project Name
_August 31,2000 PW77-060770153220
Bid Opening Date Project Number
If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form).
All questions on this form must be completed and a detailed explanation provided, if applicable. If
the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only
applicable if both answers are yes.
Failure to complete this form in its entirety and be received by the Managing Department on or
before 5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date,
will result in the bid being considered non-responsive to bid specifications.
Will you perform this entire contract without subcontractors? Yes No
If yes, please provide a detailed explanation that proves based on the size and scope of
this project, this is your normal business practice and provide an operational profile of
your business.
Will you perform this entire contract without suppliers? Yes No
If yes, please provide a detailed explanation that proves based on the size and scope of
this project, this is your normal business practice and provide an inventory profile of
your business.
The bidder further agrees to provide, directly to the City upon request, complete and accurate
information regarding actual work performed by all subcontractors, including MBE(s) and/or
WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s)
and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit
and/or examination of any books, records and files held by their company that will substantiate
the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer
or employee of the City.Any intentional and/or knowing misrepresentation of facts will be grounds
for terminating the contract or debarment from City work for a period of not less than three (3)
years and for initiating action under Federal, State or Local laws concerning false statements. Any
failure to comply with this ordinance and creates a material breach of contract may result in a
determination of an irresponsible offeror and barred from participating in City work for a period of
time not less than one (1)year.
Authorized Signature Printed Signature
Title Contact Name (if different)
Company Name Contact Telephone Number (s)
Address Fax Number
Rev.612198
ATTACHMENT 1C
Page 1 of 3
City of Fort Worth
Minority and Women Business Enterprise
GOOD FAITH EFFORT
Prime Company Name Bid Date
PW77-060770153220
Project Name Project Number
If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your
MIWBE participation is less than the City's project goal,you must complete this form.
If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a
"good faith effort", the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or
knowing misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Managing Department on or before 5:00 p.m.five(5) City business days after bid opening,exclusive of bid
opening date,will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF
FIRMS)which will be used in the completion of this project, regardless of whether it is to be provided
by a M/WBE or non-M/WBE.
(Use additional sheets, if necessary)
List of: Subcontracting Opportunities List of: Supplier Opportunities
ev.6/2/98
ATTACHMENT 1C
Page 2 of 3
2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in
compliance, if it is not more than 3 months old from the date of bid opening.
Yes Date of Listing / /—6041
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 M/WBE mail listing to include name of firm and address and a dated
No copy of letter mailed.
4.) 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 telephone,exclusive of the day the bids are
opened?
Yes If yes,attach list to include name of M/WBE firm, ep rson contacted,
No phone number and date and time of contact.
NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile
is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and
documentation faxed.
NOTE: If a SIC list of M/WBE is ten or less,the bidder must contact the entire list to be in compliance with
questions 3 and 4. If a sic list of M/WBE is more than ten, the bidder must contact at least two-thirds of
the list but not less than ten to be in compliance with questions 3 and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
plans and specifications in order to assist the M/WBEs?
Yes
No
6.) If M/WBE bids were received and rejected,you must:
(1) List the M/WBE firms and the reason(s)for rejection (i.e.,quotation not commercially reasonable,
qualifications,etc.) and
(2) Attach affidavit and/or documentation to support the reason(s) listed below(i.e.. letters, memos,
bids,telephone calls, meetings, etc.)
Please use additional sheets,if necessary,and attach.
Company Name Telephone Contact Person Scope of Work Reason for
Rejection
rt
ADDITIONAL INFORMATION:
Rev.6/2/98
ATTACHMENT 1C
Page 3 of 3
Please provide additional information you feel will further explain your good and honest efforts to obtain
MIWBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attachment 1C will be contacted and the reasons for not using them will be verified by
the City's M/WBE Office.
Authorized Signature Printed Signature
Title Contact Name and Title (if different)
Company Name Telephone Number(s)
Address Fax Number
City/State/Zip Date
Rev.6/2/98
ORDINANCE NO. 13471
AN ORDINANCE AMENDING CITY OF FORT WORTH
ORDINANCE NO. 11923 BY AMENDING SECTIONS 2, 3, AND
AMENDING ATTACHMENT I; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,
THAT:
SECTION 1.
Section 2 of City of Fort Worth Ordinance No. 11923 is hereby amended to read
as follows:
The ultimate goal of this ordinance is to remedy the effects of past
underutilization in the Marketplace by increasing the use of minority and
women business enterprises above the present low level to one more
comparable to their availability in the Fort Worth Marketplace. The City
Manager shall recommend an annual goal for MBE/WBE participation in
City procurement activities, based upon the availability within the
Marketplace. The goals, based upon availability, shall be thirteen percent
(13%) for minority businesses and twelve percent (12%) for women
businesses and shall be reviewed as provided for elsewhere herein.
These goals are not quotas.
SECTION 2.
Section 3 of City of Fort Worth Ordinance No. 11923 is hereby amended to read
as follows:
The provisions of this ordinance shall apply to all contracts awarded by the
City, except as may be hereafter specifically exempted. Where contracts
involve the expenditure of federal or state funds, the state or federal policy
related to MBE/WBE or DBE participation may take precedence over this
ordinance. The provisions of this ordinance shall be liberally construed for
the accomplishment of its policies and purposes. Specific goals shall be
established in the areas of construction, professional services and
purchases of other goods and services. A goal may be set on individual
projects based on the type of work or services to be performed, or goods
to be acquired and the availability of minority and women businesses in
the City's Marketplace.
SECTION 3.
Attachment I to City of Fort Worth Ordinance No. 11923 is hereby amended to
read as follows:
I City Council approved June 2. 1998
ATTACHMENT I
I. DEFINITIONS
1. "Applicable Contract" means any contract of $25,000 or more for construction
projects and professional services and $15,000 or more for purchase
agreements, as well as any other contracts that the City Council or City Manager
deem appropriate.
2. "Certified" means those firms, within the Marketplace, that have been determined
to be a bonafide minority or women business enterprise by either the North
Central Texas Regional Certification Agency (NCTRCA), or the Texas
Department of Transportation (TxDOT), highway division. In the event of denial
of certification by either of these entities, the City reserves the right to grant its
own certification for use in City contracts.
3. "City" means the City of Fort Worth, Texas.
4. "City business day" means Monday through Friday, inclusive, excluding legal
holidays. Legal holidays shall be observed as prescribed by the City Council for
observance as follows:
New Year's Day January 1
M. L. King, Jr. Birthday Third Monday in January
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Thanksgiving Friday Fourth Friday in November
' Christmas Day December 25
When one of the above named holidays falls on a Saturday, the holiday shall be
observed on the preceding Friday. When one of the above named holidays falls
on a Sunday, the holiday shall be observed on the following Monday.
5. "Construction" means the erection, rehabilitation, alteration, conversion, extension,
demolition, improvement, remodeling or repair to any real property, including
streets, storm drains and facilities providing utility service owned by the City.
6. "Contract" means a binding agreement whereby the City either grants a privilege or
is committed to expend or does expend its funds or other resources for or in
connection with a) construction of any public improvement, and b) purchase of
any services (including professional services). The term includes "purchase
order".
7. "Contract Officer" means the person employed by the City to oversee the
performance of the contract.
8. "Contracting Department" means the department responsible for payment of
contract obligations.
2 City Council approved June 2, 1998
9. "Contractor" means the Offeror with whom the City has entered into an agreement.
Includes the terms "Vendor" and "Prime Contractor".
10."Coordinator" means the administrator of the MBE/WBE Office.
11."Goal" means the percentage of minority business enterprise and/or women
business enterprise participation on an applicable project as determined by the
City, based on the availability of such businesses in the marketplace and the
subcontracting/supplier opportunities of the project.
12."Good Faith Effort" means having absence of malice or any intentions to deceive,
good intentions and sincerity to meet the goal of this ordinance. Documentation
submitted by the Offeror to explain why its good and honest efforts did not meet
_ or exceed the stated Goal. Compliance with each of the following steps shall
satisfy the Good Faith Effort requirement absent proof of fraud,
misrepresentation, or intentional discrimination by the Offeror:
12.1. List each and every subcontracting and/or supplier opportunity for the
completion of this project.
12.2. Obtain a current (not more than three (3) months old from the bid open
date) list of MBE/WBE subcontractors and/or suppliers from the City's
MBE/WBE Office.
12.3. Solicit bids from MBE/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 MBE/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 MBE/WBEs for a particular subcontracting/supplier opportunity
is ten or less, the Offeror must contact the entire list within such area of
opportunity to be in compliance with 12.3 and 12.4. If the list of MBE/WBEs
for a particular subcontracting/supplier opportunity is more than ten, the
Offeror must contact at least two-thirds of the list within such area of
opportunity, but not less than ten, to be in compliance with 12.3 and 12.4.
12.5. Provide plans and specifications or information regarding the location of
plans and specification to MBE/WBEs.
12.6. Submit affidavit and/or documentation if MBE/WBE bids were rejected on
the basis of quotation not being commercially reasonable, qualifications,
etc. Documents may be requested to be produced for an in camera
inspection.
3 City Council approved June 2, 1998
13. "Joint Venture" means an association of two or more persons or businesses to
carry out a single business enterprise for profit for which purpose they combine
their property, capital, skills, knowledge and management in an agreed to
proportionate share.
14. "Managing Department" means the department responsible for overseeing the
day to day completion of the contract.
15. "Manufacturer" means one that manufactures a product by hand or machinery
suitable for uses; the process of making wares.
16. "Marketplace" means the geographic market area as defined in the Availability
and Disparity Study represented by the counties of Tarrant, Parker, Johnson,
Collin, Dallas, Denton, Ellis, Kaufman and Rockwall.
17. "Minority" means a citizen of the United States or lawfully admitted permanent
resident that is Asian American, American Indian, Black or Hispanic.
18. "Minority Business Enterprise" is defined as a qualified business concern
located in the Marketplace or providing proof of doing business in the
Marketplace at the time of bid opening or the opening of responses to requests
for proposals, meeting the following criteria:
a. which is at least 51 percent owned by one or more minority persons, or, in
the case of any publicly owned business, at least 51 percent of the stock is
owned by one or more minority persons; and
b. whose management and daily business operations are controlled by one or
more minority persons who own it.
19. "Offeror" means any person, firm, corporation, or partnership that submits a bid
or proposal to provide labor, goods or services to the City where funds are
expended. The term includes the term bidder and proposer.
20. "Procurement" means the buying, renting, leasing or otherwise obtaining or
acquiring any supplies, materials, equipment or services.
21. "Professional Services" means services which require predominantly mental or
intellectual labor and skills, includes, but is not necessarily limited to, architects,
engineers, surveyors, doctors, attorneys, and accountants.
22. "Project Manager" see Contract Officer.
23. "Purchasing" means the buying, renting, leasing or otherwise obtaining or
acquiring any supplies, materials, equipment or services excluding construction
and professional services previously defined.
24. "Qualified" means an individual or business entity having previously performed
or received training in the work, industry or profession required.
25. "Regular Dealer" is defined as a firm that owns, operates, or maintains a store,
a warehouse, or other establishment in which the materials or supplies required
4 City Council approved June 2, 1998
for the contract are bought, kept in stock, and are regularly sold retail or
wholesale.
26. "Subcontract" means an agreement between the contractor and another
business entity for the performance of work.
27. "Subcontract/Supplier Opportunity" means an area where there is more than
one MBE or WBE subcontractor/supplier in the market place.
28. "Tier" means the level of subcontracting below the prime contractor/consultant,
i.e., a direct payment from the prime contractor to a subcontractor is considered
1 t tier, a payment by a subcontractor to its supplier is considered 2"d tier.
29. "Women Business Enterprise" is defined as a qualified business concern
located in the Marketplace or provide proof of doing business in the Marketplace
at the time of bid opening or the opening of responses to requests for proposals,
meeting the following criteria:
a. which is at least 51 percent owned by one or more women, or, in the case of
any publicly owned business, at least 51 percent of the stock is owned by one or
more women; and
b. whose management and daily business operations are controlled by one or
more women who own it.
II. PROGRAM GOAL
A. A Citywide goal for the utilization of minority business enterprises (MBE) and women
business enterprises (WBE) shall be reviewed and approved annually by the City
Council.
1. The City Manager shall, on or before October 31 of each year, beginning October
31, 1996, conduct an analysis of the availability of MBEs and WBEs and present
to the City Council an annual report on MBE/WBE availability and utilization.
2. Based on the availability of MBE/WBEs in the Marketplace and the City's most
recent goal attainment and with the advice and counsel of the MWBEAC, the City
Manager shall recommend to the City Council a reasonable goal for the
remainder of the current fiscal year.
3. The goal shall be expressed in terms of a percentage of the total dollar value of
all applicable contracts awarded by the City. Goals shall be established
separately for categories of construction, professional services, and purchasing
as well as any other categories that the City Council or City Manager deems
appropriate.
B. Individual project goal shall be set by the MBE/WBE Office in collaboration with the
Contract Officer and Risk Management (where appropriate) prior to solicitation. The
project goal shall be reasonable and shall be based upon:
5 City Council approved June 2, 1998
1. Specific subcontracting and/or materials opportunities required to complete the
project, and
2. The availability of MBE/WBE in the identified subcontracting and/or materials
opportunities in the Marketplace.
III. COUNTING MBE/WBE PARTICIPATION
A. MBE/WBE participation shall be counted toward meeting Goal in accordance with
the following provisions:
1. For the purpose of determining compliance with the goal requirements
established in this ordinance, businesses will be counted as MBE or WBE only
when they have been certified as such prior to a recommendation for award
being made to the City Council.
a) Any business listed by an Offeror that is not certified at the time of
bid/response opening must file an application for certification within a
reasonable time for the City to consider the dollar amount towards meeting
the goal.
b) If a business described in the immediate subparagraph fails to submit an
application for certification within a reasonable time, or if the business is
denied certification, the Offeror shall be afforded five (5) City business days to
secure additional certified/certifiable MBE/WBE participation, starting the next
City business day following the day the written notification was received from
the Managing Department.
c) Evidence of the additional certified/certifiable MBE/WBE participation shall
be delivered to and received by the Managing Department within five (5) City
business days after the notification was received by the Offeror, exclusive of
the date that the notification was received.
2. Except as provided for in paragraph 3 below, if the Offeror is ruled non-
responsive to the requirements of this ordinance, the Managing Department will
provide written notification to the Offeror stating the specific basis for the ruling.
The Offeror may submit documentation that it will either meet or exceed the
stated goal, and may be considered for an award of contract. -,
3. If the Offeror is ruled non-responsive solely for its failure to identify a
subcontract/supplier opportunity and that opportunity is less than three (3%)
percent of the total bid, the Offeror may submit documentation that an MBE/WBE
will be utilized for that subcontract/supplier opportunity, and may be considered
for an award of contract.
4. Documentation required under either paragraph A or B above must be received
by the Managing Department within five (5) City business days, exclusive of the
date that the Offeror was ruled non-responsive. If the documentation is not
received within the stated time, the Offeror shall be deemed to have withdrawn
its bid. The City will not communicate with another Offeror regarding award of the
6 City Council approved June 2, 1998
contract until five (5) City business days after the original offer has been ruled
non-responsive.
5. The Offeror may count toward the goal any tier of MBE or WBE subcontractors
and/or suppliers. It is the sole responsibility of the Offeror to report and document
all subcontracting and/or supplier participation dollars counted towards the goal,
irrespective of tier level. Failure to submit documentation as required in this
subparagraph, shall entitle the City to withhold payments until compliance is
attained.
6. The Offeror will be given credit toward the goal only when the MBE or WBE
subcontractor performs a commercially useful function. An MBE or WBE
subcontractor is considered to have performed a commercially useful function
when:
a) It is responsible for the execution of a distinct element of the work by actually
performing, managing and supervising the work involved in accordance with
normal business practice; and
b) When the firm receives due compensation as agreed upon for the work
performed.
7. The Offeror will be given credit toward the MBE/WBE contract goal only when the
MBE or WBE supplier performs a commercially useful function. A MBE or WBE
supplier is considered to have performed a commercially useful function when
the MBE/WBE supplier is a manufacturer or a regular dealer.
8. Regardless of whether an arrangement between the contractor and the
MBE/WBE represents standard industry practice, if the arrangement erodes the
ownership, control or independence of the MBE/WBE or does not meet the
commercially useful function requirement, the Offeror shall receive no credit
toward the goal.
9. An Offeror may count toward its goal a portion of the total dollar value of a
contract with a joint venture equal to the percentage of MBE or WBE participation
in the point venture.
��. a) The Managing Department must receive the Joint Venture form from the
Offeror within five (5) City business days after the date of bid/proposal
opening, exclusive of the day of the bid/proposal opening, for certification by
the MBE/WBE Office.
b) The MBE or WBE involved in the joint venture must be responsible for a
clearly defined portion of the work to be performed, equal to a share in the
ownership, control, knowledge, management, responsibility, risks, and profits
of the joint-venture.
B. Except for joint ventures, the prime contractor and any work performed by the prime
contractor is not considered for determining compliance with this ordinance.
7 City Council approved June 2, 1998
C. The Offeror may not count toward the goal any agreement with a MBE or WBE that
does not meet the requirements of this ordinance.
IV. MBE/WBE UTILIZATION REQUIREMENTS
A. In addition to the requirements set forth elsewhere, bid conditions and requests for
proposals shall include a statement of the MBE/WBE goal established for the
project.
B. Bid conditions, requests for proposals, and all other specifications for applicable
contracts to be awarded by the City shall require that offers make a good faith effort
(GFE) to subcontract with or purchase supplies from MBE and/or WBE firms. Such
specifications shall require the Offeror to meet or exceed the stated goal or submit
documentation of GFE for all applicable contracts to permit a determination of
compliance with the specifications.
C. Construction and Professional Services contracts and such other contracts which
may be competed for under sealed proposal procedures (estimated cost of $25,000
or more) and Purchasing contracts (estimated cost of $15,000 or more) shall be
awarded and administered in accordance with the following standards and
procedures:
1. Competitive bids for applicable contracts shall include the MBE/WBE
specifications in the bid specifications. MBE/WBE specifications consist of the
SPECIAL INSTRUCTIONS TO BIDDERS, MBE/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM,
and, if appropriate, the JOINT VENTURE FORM.
a) Competitive bids that equal or exceed the project goal must submit the
MBE/WBE UTILIZATION FORM.
b) Competitive bids that do not have subcontracting and/or supplier ,.
opportunities must submit the PRIME CONTRACTOR WAIVER FORM.
c) Competitive bids that have subcontracting and/or supplier opportunities but
do not include MBE/WBE participation in an amount which equals or exceeds
the project goal, must submit the MBE/WBE UTILIZATION FORM and the
GOOD FAITH EFFORT FORM and documentation.
d) Competitive bids that have subcontracting and/or supplier opportunities but
do not include any MBE/WBE participation must submit the GOOD FAITH
EFFORT FORM and documentation.
e) The Offeror shall submit the MBE/WBE UTILIZATION FORM, PRIME
CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM
("Documentation") as appropriate. The managing department must receive
the Documentation no later than 5:00 p.m., five (5) City business days after
the bid opening date, exclusive of the bid opening date. The Offeror shall
obtain a receipt from the appropriate employee of the managing department
to whom delivery was made. Such receipt shall be evidence that the City
received the Documentation.
8 City Council approved June 2, 1998
f) The submission of the applicable completed form(s) within the allotted time
will be considered when determining the responsiveness of the bid. Failure to
comply with the bid specifications, inclusive of the MBE/WBE specifications,
shall render the Offeror non-responsive.
2. Other than responses to Requests for Proposals for those professional services
defined in Chapter 2254 of the Texas Government Code, responses to Request
for Proposals shall include a section which identifies the particular MBE and/or
WBE to be utilized in performing the contract.
a) Specify as to MBE or WBE, the estimated percentage of the MBE or WBE
participation, the type of work to be performed by the MBE or WBE, and such
other information as may reasonably be required to determine the
responsiveness to the Request for Proposal.
b) Responses that do not meet or exceed the utilization goal, as required by the
Request for Proposal, must submit a GFE explanation. Failure to include
such GFE explanation shall render the response non-responsive.
3. Initial responses to requests for proposals for those professional services defined
in Chapter 2254 of the Texas Government Code shall not include a response to
the requirements of this ordinance. The City shall comply with the requirements
of said Chapter and rank the professional on the basis of demonstrated
competence and qualifications. During negotiating the contract with the highest
ranked professional, the professional shall respond to this ordinance in the
manner specified in paragraph 2(a) above.
4. The GFE documentation shall demonstrate the Offeror's commitment and honest
efforts to utilize MBE or WBE. The burden of preparing and submitting the GFE
information is on the Offeror and will be evaluated as part of the responsiveness
_ to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents
facts on the documentation submitted will constitute a basis for classification as
non-responsive and possible debarment.
5. The contracting department may request the MBE/WBE Office to waive the goal
requirements of this subsection, or to reduce the amount of the goal, in
accordance with the provisions of the Exceptions and Waivers section.
D. The City Manager, with the advice and counsel of the MWBEAC in accord with City
of Fort Worth Resolution No. 1148, shall adopt regulations governing the purchase
of goods and services under $15,000.
V. POST-AWARD COMPLIANCE
A. In addition to such other requirements as may be set forth elsewhere, the following
shall apply to applicable contracts awarded by the City:
1. Contracts shall incorporate this ordinance by reference, and shall provide that the
contractor's violation of this ordinance shall constitute a breach of such contract
and result in debarment in accord with the procedures outlined in this ordinance.
9 City Council approved June 2, 1998
2. From and after the date of bid opening, any proposed change or deletion in
MBE/WBE participation identified in the bid, proposal or contract shall be
reviewed by the MBE/WBE Office to determine whether such change or deletion
is justified in accord with paragraphs 3 and 4 immediately below. Any unjustified
change or deletion shall be a material breach of contract and may result in
debarment in accord with the procedures outlined in this ordinance.
3. From and after the date of bid opening, the contractor shall:
a) Make no unjustified changes or deletions in its MBE/WBE participation
commitments submitted with the bids, proposal or during negotiations;
b) If substantial subcontracting and/or substantial supplier opportunities arise
during the term of any contract when the contractor represented in its bid to
the City that it alone would perform the subcontracting/supplier opportunity
work, the contractor shall notify the City before subcontracts for work and/or
supplies are let and shall be required to comply with Article I, subsections
12.3 and 12.4 of this Attachment 1, exclusive of the time requirements stated
in such subsections;
c) Maintain records reasonably necessary for monitoring their compliance with ,
the provisions of this ordinance;
d) After the first payment and beginning with the second application for payment,
submit required M/WBE Periodic Payment Reports, including proof of
payment documentation, to the MBE/WBE Office. Further, upon request of
the M/WBE Office, submit such other documentation as may be reasonably
required to verify proof of payments. Failure to submit these reports and
other requested information, if any, as required shall authorize the City to
withhold payment from the contractor until compliance with this ordinance is
attained.
4. The contractor shall submit to the MBE/WBE Office for approval a M/WBE
REQUEST FOR APPROVAL OF CHANGE FORM if, during the term of any
contract, a contractor wishes to change or delete one or more MBE or WBE
subcontractor(s) or supplier(s).
a) Within three (3) City business days after receipt by the MBE/WBE Office,
exclusive of the date of receipt, the Request shall be reviewed. The Request
shall be approved if the change or deletion is justified. The following shall
constitute justification for the requested change or deletion:
1) A MBE or WBE's failure to provide workers' compensation insurance
evidence as required by state law; or
2) A MBE or WBE's failure to provide evidence of general liability or other
insurance under the same or similar terms as contained in the contract
documents with limits of coverage no greater than the lower of 1) the limits
required of the contractor by the City; or 2) the limits contained in the
contractor's standard subcontract or supply agreements used on other
10 City Council approved June 2, 1998
i
projects of similar size and scope and within the contractor's normal
business practice with non MBE or WBE subcontractor's or suppliers; or
3) A MBE or WBE's failure to execute the contractor's standard subcontract
form, if entering a subcontract is required by the contractor in its normal
course of business, unless such failure is due to:
i. A change in the amount of the previously agreed to bid or scope of
work; or
ii. The contract presented provides for payment once a month or longer
and the contractor is receiving payment from the City twice a month; or
iii. Any limitation being placed on the ability of the MBE or WBE to report
violations of this Ordinance or any other ordinance or violations of any
state or federal law or other improprieties to the City or to provide
notice of any claim to the contractor's surety company or insurance
company.
4) An MBE or WBE defaults in the performance of the executed subcontract.
In this event, the contractor shall:
i. Request bids from all MBE and/or WBE subcontractors previously
submitting bids for the work,
ii. If reasonably practicable, request bids from previously non-bidding
MBEs and WBEs, and
iii. Provide to the M/WBE office documentation of compliance with (i) and
(ii) above.
5) Any other reason found to be acceptable by the MBE/WBE Office in its
sole discretion.
NOTE: The contractor shall submit such documentation as may
reasonably be requested by the MBE/WBE Office to support the
contractor's request. The time between the request by the MBE/WBE
Office for additional documentation and the delivery of such
documentation shall not be included within the time period that the
MBE/WBE Office is required to respond as stated in subparagraph
(a) above.
b) If the MBE/WBE Office approves the deletion of a MBE or WBE and
replacement by a non-MBE or WBE, such approval shall constitute a post
award waiver to the extent of the value of the deleted subcontract.
c) If the MBE/WBE Office denies the request for change or deletion, the
contractor may appeal the denial to the City Manager whose decision will be
final.
1 I City Council approved June 2, 1998
5. Whenever contract, amendments, change orders, or extra work orders are made
individually or in the aggregate, the contractor shall comply with the provisions of
this ordinance with respect to the alternates, amendments, change orders, or
extra work orders.
a) If the amendment, change order, or extra work affects the subcontract of an
MBE or WBE, such MBE or WBE shall be given the opportunity to perform
such amendment, change order or extra work.
b) If the amendment, change order or extra work is not covered by any
subcontractor performing like or similar work, and the amount of such
amendment, change order or extra work exceeds ten percent (10%) of the
original contract amount, the contractor shall comply with Article 1,
subsections 12.3 and 12.4 of this Attachment 1 (exclusive of the time
requirements stated therein) with respect to such amendment, change order,
or extra work.
6. If the contractor in its bid included any second or lower tier subcontractor/supplier
towards meeting the goal, it is the responsibility of the contractor to report and
document all subcontracting and/or supplier participation dollars irrespective of
tier level. Failure to comply with the City's request to provide the required
documentation shall entitle the City to withhold payments (but only to the extent
of the subcontractor's payments related to the MBE/WBE participation dollars
which are not documented) and/or to reject future bids from the contractor until
compliance with this ordinance is attained.
7. Upon completion of the contract and within ten (10) City business days after
receipt of final payment from the City, exclusive of the date the contractor
receives payment, the contractor shall provide the MBE/WBE Office with the
M/WBE FINAL SUMMARY PAYMENT REPORT FORM to reflect the final
participation of each subcontractor and/or supplier (including non-M/WBEs) used
on the project. Failure to comply with the City's request to provide the required
documentation shall entitle the City to reject future bids from the contractor until
compliance with this ordinance is attained.
8. In the event a contractor is in non-compliance with either paragraph 6 or 7 above,
and such non-compliance is solely the result of an act or omission by an MBE or
WBE, the MBE/WBE Office shall consider such in determining what action, if
any, to take.
VI. EXCEPTIONS AND WAIVERS
A. If an Offeror is unable to comply with the goal requirements established in th
Program Goal section of this ordinance, such Offeror shall submit one of the two
forms listed below within the allotted time.
1. A Prime Contractor Waiver Form (Attachment 1 B) is submitted if the Offeror will
perform the entire contract without subcontractors or suppliers.
2. A Good Faith Effort Form (Attachment 1C) is submitted if the Offeror has
subcontracting and/or supplier opportunities but was unable to meet or exceed
12 City Council approved June 2, 1998
the project goal. The Offeror will submit requested documentation that
demonstrates a good faith effort to comply with the goal requirements as
described in the Program Goal section above.
B. A contracting department may request the MBE/WBE Office to waive or modify the
goal requirements for MBE or WBE by submitting a Departmental Waiver Form, in
writing, prior to solicitation of bids or proposals. The MBE/WBE Office may grant
such a waiver or reduction upon determination that:
1. The reasonable and necessary requirements of the contract render
subcontracting or other participation of business other than the Offeror infeasible;
or
2. A public or administrative emergency exists which requires the goods or services
to be provided with unusual immediacy; or
3. Sufficient MBE/WBE providing the services required by the contract are
unavailable in the marketplace of the project, despite attempts to locate them; or
4. The application of the provisions of this ordinance will impose an unwarranted
risk on the City or unduly delay acquisition of the goods or services.
C. Whenever the MBE/WBE Office denies a request to waive a goal, the contracting
department may appeal that denial to the City Manager whose decision on the
request shall be final.
VII. PROGRAM ADMINISTRATION
.. A. The City Manager, with the advice and counsel of the MWBEAC in accord with City
of Fort Worth Resolution No. 1148, is authorized to establish and implement the
regulations set forth in this ordinance. The MBE/WBE Office shall be responsible for
= the overall administration of the City's MBE/WBE Program, and its duties and
responsibilities shall include:
1. Recommending rules and regulations to effectuate this ordinance;
2. Maintaining a current listing of certified MBE and WBE firms for distribution
internally and externally on contracts;
3. Providing information and needed assistance to MBE/WBEs to increase their
ability to compete effectively for the award of City contracts;
4. Investigating alleged violations of this ordinance and making written
recommendations to appropriate City authorities for remedial action when
appropriate;
5. Developing and distributing all necessary forms, applications, and documents
necessary to comply with this ordinance;
6. Reviewing, on a regular basis, the progress of departments toward achieving the
category goals for the utilization of minority and women business enterprises;
13 City Council approved June 2, 1998