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HomeMy WebLinkAbout70-85 RESOLUTIONRESOLUTION M. 70-85 A RESOLUTION AUTHORIZING THE MAYOR AND CITY (T,FRK TO EXECUTE A CONTRACT WITH DON MITCHELL CONSTRUCTION COMPANY FOR INSTALLATION OF A SIX INCH WATER LINE ALONG SASSAFRAS HILL ROAD. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Don Mitchell Construction Company for the installation of a six inch water line along Sassafras Hill Road at a total cost of $7,470.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16th day of a R »Clerk /2g; APPROVED By:C;V July Mayor 1985. demi/ • .8 SPECIFICATIONS FOR SASSAFRAS HILL ROAD - WATERLINE EXTENSION • WORK ORDER ,# 2747 May 1985 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS CITY ENGINEERS' OFFICE EXHIBIT A INDEX ADVERTISEMENT FOR BIDS BID BOND PROPOSAL FOR SCHEDULE I ARKANSAS PERFORMANCE AND PAYMENT BOND CONTRACT AGREEMENT INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE SPECIFICATIONS DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS DETAILED SPECIFICATIONS PART III MATERIALS ADVERTISEMENT FOR BIDS Project No. (Owner) Separate sealed bids for will be received by at the office of until o'clock (A.M.-P.M. S.T. D.S.T.) 19, and then at said office publicly opened and read aloud. The Information for Bidders, Form of Bid, Forza of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined at the following: Copies may be obtained at the office of located atupon payment of $ for each set. Any unsuccessful bidder, upon returning such set promptly and in good condition, will be refunded his payment, and any non -bidder upon so returning such a set will be refunded $ The owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to•the conditions provided in the Information for Bidders. Attention of bidders is particularly called to the requirements as to conditions of employment to -be observed and minimum wage rates to be paid under the contract. No bidder may withdraw his bid within 30 days after the actual date of the opening thereof. (Date) • BID BOND • KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto ' as owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of 19 The condition of the above obligation is such that whereas the Principal has submitted to certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW THEREFOR, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a.bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid. • then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exbeed the penal amount of the obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such aid; and said Surety does hereby waive notice of any such extension. • a • IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal Surety SEAL BY: Proposal of PROPOSAL FOR SCHEDULE I (A UNIT PRICE CONTRACT) Place Date i n n - Jv Ir/z /// n : a corporation* organized and existing under the laws of the State of jL!3,.q; 4. , and qualified to do business in the State of Arkansas; a Partnership* consisting of an Individual* trading as TO THE CITY OF FAYErn.VILS', ARKANSAS: The bidder in compliance with your invitation for bids for the construction of SASSAFRAS HILL ROAD - WATERLINE EXTENSION having examined the Plans and Specifications with related documents and the site of the pro- posed work, and being familiar with all the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all labor, material, and supplies required to be furnished, and to construct the project in accordance with the Contract Documents, and at the unit prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specified in a written "Work Order" of the Engineer, and to fully complete the project within 20 consecutive calendar days. Bidder acknowledges receipt of the following addenda: * Fill out applicable blank 4 ITEM ESTIMATED QUANTITY UNIT** N0. - AND DESCRIPTION .1) 715 L.F. of 6" A.C. Water pipe Class 200 W/Tracing Wire (Bedding SB -2 included) 2) 1 ea 6" Gate Valve W/Box 3) 1 ea 2" Gate Valve W/Box 4) 1 ea 6" X 4" Tee in place 5) 1 ea 4" X 2" Reducer in place 6) 1 ea 6" Solid Plug in place 7) 10 Cubic Yard Solid Rock Excavation PRICE TOTAL f5 r Dollars 74 cZ ile47/ 4CAV Dollars $ • Dollars $ /2fl Ct Dollars frezd�o $ 4-prm 7-h�y7 all��rs vc $fC 0 iota/ d 707°° ** Unit prices to be shown in words and figures. In case of discrepancy amount shown'in words will govern. The above unit prices shall include all labor, materials, bailing, shoring, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of Sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within ten (10) days and deliver the Surety Bond or Bonds as required by Paragraph 8 of the General Conditions. The bid security attached in the sum of is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. SEAL - if bid is by a corporation Respectfully Submitted: By Derik /41 j-r±'JI:1 C afra 283 Idle. ale Dr c 727a (Businers Address and Zip Code) ARKANSAS PERFORMANCE AND PAYMENT BOND (14-604 Arkansas Statutes). KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) (3) firmly bound unto (4) hereinafter called "Principal" and of , State of hereinafter called the "'Surety", are held and , hereinafter called "Owner" in the penal sum of dollars in lawful money of the United States, for the payment of which sum well and truly to be made, said principals and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , 19 , a copy of which is attached and made a part hereof for the construction of: NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agree- ment of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs. and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the .Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing material for or performing labor in the prosecution of the work provided for in such contract, any any authorized extension or modification thereof, all amounts due for, but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on mac^inery, equipment and tools consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, prerrium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivisions thereof which shall have arisen on account of, or in connection with, the wages earned by workmen covered by the bond; and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise toremain in full force and effect. The Surety agrees the terms Of this bond shall cover the payment by the principal of not less than the prevailing hourly rate of wages as determined by the Arkansas Department of Labor or U. S. Secretary of Labor, whichever is greater, to all workmen performing work under the contract. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alternation, or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract as to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each of which shall be deemed an original, this day of , 19 . ATTEST: SECRETARY (PRINCIPAL) (SEAL) (PRINCIPAL) BY (TITLE) (ADDRESS) WITNESS AS TO PRINCIPAL (SURETY) BY -ADDRESS ATTORNEY-IN-FACT ATTEST: ADDRESS SECRETARY (SURETY) (SEAL) WITNESS AS TO ATTORNEx'-±N-FACT ADDRESS NOTE: Date of Bond must not be prior to date of Contract. (1) (2) (3) (4) (5) (6) (7) • Correct name of Contractor A Corporation, a Partnership, or an individual, as case may be Correct name of Surety Correct name of Owner If Contractor is Partnership, all partners shall execute bond This bond must be filed with the Circuit Court of the County where the work is to be performed, prior to the start of const- ruction Must be executed by Arkansas Local Resident Agency for Surety • • • • CONTRACT AGREEMENT 1. This Contract. and Agreement, made and .entered into this 16th day of Jay , 1985 , by and between the City of Fayetteville, Arkansas, party of the First Pait, acting through its' duly authorized representative, and Don Mitchell. Inc. • • Party of the Second Part: WITNESSETH: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools, labor, equipment, materials, and supplies required to be furnished and to construct the improvements designated as Sassafras Hill Road - Waterline Extension for the City of Fayetteville, Arkansas, in exact accordance withthe Plans on file at the office of the Party of the First Part, and Specifications, Proposals, Stipulations, and Special Provisions attached hereto and made a part hereof as fully as though copied herein, under the direct supervision and to the entire satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas. 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final compensation for all work done under this agreement, the unit prices named in the Proposal'' which is hereto attached, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 3. The Party of the Second Part agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposal. If the Party of the Second Part shall fail to complete the work in the time specified, he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the na,;ure of a penalty, the amount specified in the Proposal for'each day delayed, for each Schedule delayed, which shall be deducted from the final amount to be paid under the contract, provided that extensions of time with waiver of liquidated damages may be granted as provided for in the Specifications. Time is expressly made of the essence of this contract. 4. The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Contract, as required by the laws of the State of Arkansas, and for not less than one hundred (100) percent of the amount of this contract. Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the Water and Sewer Department for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials for a period of one (1) year after completion. The Surety on said Bond shall be a Surety Company of financial resources satisfactory to the Party of the First Part, and authorized to do business in the State of Arkansas. 5. The Party of the Second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workmen's Compensation Insurance in amounts as required by these Specifications. WITNESS OUR HANDS THIS 30th DAY OF July CITY OF FAYETTEVILLE , 19 85 . SEAL (if any) fl/ ] /21/1k4:14/ CONTRACTOR By WITNESS: Affix Corporate Sea r (if any) • Far NAME AND TITL 1323 bele. c, a,c Dn s . r1Z75� BUSYNESS ADDRESS INSTRUCTIONS TO BIDDERS QUALIFICATIONS OF CONTRACTORS: Before submitting a bid, bidders must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas General Assembly, and the successful bidder must be legally qualified in all respects. to do business in the State of Arkansas. When called upon to do so after receipt of Proposals, bidder shall prepare a Financial Statement, Experience Record, and Equipment Schedule. These statements shall reflect the current status of the bidder. The statements of each bidder must show net liquid assets or credit facilities in an amount of not less than fifteen (15) percent of the total amount bid. Each bidder must ha -e had at least three (3) year's experience in construction of similar improvements and must have successfully completed at least three (3) such projects. Each bidder must have equipment available which, in the opinion of the Engineer, is adequate to complete the work under these Specifications in the time allowed for completion. Should any bids be received from bidders whose statement, when filed, fail to show that the bidder's qualifications meet the minimum requirements above -enumerated, such bids may be rejected. 2. LOCAL CONDITIONS: Bidders shall read the Specifications, examine the Plans, and make their own estimates of the existing facilities and the difficulties which will attend the execution of the work called for by the proposed Contract, including local conditions, uncertainty of weather, and all'other contingencies. Bidders shall satisfy themselves by personal examination of the location of the proposed work, and by such means as they may choose, as to actual conditions and requirements. Information derived from the Plans and Specifications or from the Engineer or his assistants shall not relieve the bidder of this responsibility. 3. PROPOSAL GUARANTEES: • Proposals must be accompanied by either a certified or cashier's check, drawn on a National Bank or a bank having membership in the Federal Reserve System, or a Bid Bond executed by a satisfactory Surety. The proposal guarantee shall be in an amount not less than five (5). percent of the bid and made payable to the Contracting Authority to whom the Proposal is made. A lesser amount will not be accepted. The proposal guarantee, or other bid qualifications, shall be sealed in a separate envelope firmly attached to the outside of the sealed Proposal. The outer envelope shall be opened first, and if the documents are not found to be in order, the sealed Proposal shall be returned to the bidder unopened. The amount of any check or bond shall be retained by the Contracting Authority as liquidated damages in case the bidder neglects or refuses to enter into a contract and to furnish the required contract bond within ten (10) days after the prescribed contract and bond.forms are presented for signature. Checks of unsuccessful bidders will be returned immediately after a contract has been executed. 4. PROPOSALS: (a) Proposals shall be strictly in accord with the prescribed forms, furnished with the Specifications. Any modifications or deviations therefrom may be considered sufficient cause for rejection. (b) The bidder shall state in words and figures the lump sum and unit prices for which he proposes to do each item of work covered by the Proposal. In case words and figures do not agree, the words shall govern and the figures shall be disregarded. (c) It is to be understood that the lump sun required in the Proposal is for the furnishing of all materials required to be furnished and the doing of all work required under these Contract Documents, including items for which no quantities are given, and the quantities given in the "List of Variable Quantities" at the end of the Proposal. The "Unit Prices for Variation of Quantities" required are for adjustment of the "Basic Bid" by reason of variation of actual variable quantities from the quantities given in the "List of Variable Quantities". In case unit prices are not required, it is to be understood that the lump sum required in the Proposal is for the furnishing of all materials required to be furnished and the doing of all work required under these Contract Documents. (d) Proposals may be submitted for any or all Schedules, if more than one Schedule is included in the work, but bidders submittinara proposal for a "construction" Schedule must submit a proposal for any other Schedule of work incident thereto, such as Electrical" and "Plumbing". Where a bidder bids on more than one Schedule and desires to accept the proposal, but any reservation on the part of the bidder to make a decision on what Schedules he will accept after bids are opened will render the bid null and void. (e) Proposals must be signed, in writing, by an individual authorized to bind the bidder. (f) Proposals must be submitted complete, with all other Contract Documents in their original binding as furnished by the Engineer. 'They must be submitted at the place and on or before the time specified in the Advertisement for Bids. (g) Proposals must be submitted in sealed envelopes addressed to the Contracting authority, and clearly marked on the outside of the envelope, "Proposal for Construction Contract" to be opened at (date and time). The Bidder's current Arkansas Contractor's license number.must be marked on the envelope. (h) The Contracting Authority will not consider bids covering only a portion of these Specifications. (i) The unbalancing of bids will not be tolerated. Evidence of material unbalancing will be considered cause for rejection. 4 5. MODIFICATION OF BIDS: No modification of bids already submitted will be considered unless such modifications are received prior to the hour set' for opening. 6. BID BONDS, CONTRACT BONDS, AND INSURANCE: Attention of bidders is called to Act 82 of the 1935 Acts of the Arkansas General Assembly, which requires that all bid bonds, performance bonds, labor bonds, employer's liability insurance, public liability insurance, workmen's collective insurance, and property damage insurance must be secured through resident agents of Arkansas. 7. CLARIFICATION OF CONTRACT DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans, Specifications, or other proposed Contract Documents, he may submit to the . Engineer a written request for any interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed Documents will be made only by an Addendum duly issued, and a copy of such Addendum will be mailed to each person who has previously secdred or who subsequently secures a set of Documents: The Contracting Authority will not be responsible for any other.explanatibns or interpretations of the proposed Documents. 8. EXECUTION OF CONTRACT DOCUMENTS: Following the award and within ten (10) days, provided for in the Proposal, the successful bidder shall properly execute five (5) counterparts of the Contract Documents. BASIS OF AWARD: Bids will be considered on the basis of the total bid price or prices given in the Proposal. In the event Unit Prices are required they will not be considered except that evidence of serious unbalancing of the Unit Prices shall be considered cause for rejection of bids. The Contract(s) will be awarded to the bidder (or bidders in the case of more than one Schedule of Work) submitting the lowest and best bid (or combination of bids), considering the Contractor's experience and ability to do the work, and the character and quality of the equipment he proposes to furnish. The Contracting Authority reserves the right to select such bids or'combination of bids which in its opinion would serve its interest best. The Contracting Authority reserves the right to select between any Alternatives in the Proposal. 14 10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS: If this contract is less than $ 20,000.00 the following exception applies: The Contract or is not required to be licensed under the terms of Act 150 or the 1965 Acts of the General Assembly. 11. TIME OF COMPLETION AND LIOUIDATED DAMAGES: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 20 consecutive calendar days thereafter. Liquidated damages will be $ 50.00 per day. 12. NOTICE OF SPECIAL CONDITIONS: Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. (d) Special equipment which the Contractor must use on the job. 13. SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed under this contract, the Contractor shall: 1. Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36, No. 75, Saturday, April 17, 1971. 2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 3. Maintain at his office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctors care of persons (including employees), .who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for the removal of injured persons to a_ hospital or a doctors care. 15 • GENERAL CONDITIONS OF THE SPECIFICATIONS 1. - GENERAL DESCRIPTION: The work embraced in these Contract Documents consists of the following: SASSAFRAS HILL ROAD - WATERLINE EXTENSION DEFINITION OF TERMS: Wherever in these Documents the following terms are used, they are understood to have the following meanings: "OWNER" or "CONTRACTING AUTHORITY" shall mean the City of Fayetteville, Arkansas. "ENGINEERS" or "ENGINEER" shall mean the City Engineer, Fayetteville, Arkansas, City Administration Building, 107 West Mountain Street (P.O. Drawer "F"), Fayetteville, Arkansas. "CONTRACTOR" shall mean the individual, partnership, or corporation that may have entered into the contract -with the Contracting Authority to perform the work specified herein. "WORK" shall mean the furnishing of all necessary tools, labor, equipment, materials, and supplies required to be furnished by the Contractor under these Specifications. 3. LAWS AND REGULATIONS: A11 work shall be done in conformity with the laws of the State of Arkansas, and any subdivision thereof, municipal and local laws and ordinances, and all applicable federal statutes, laws or regulations. s. No convict labor shall be employed on this project. CONTRACT DOCUMENTS : The "Advertisement for Bids", the "Proposal", the "Bond" the "Instructions to Bidders", the "General Conditions", the "Detailed Specifications", and the "Plans", are each and all of the Specifications component parts to the agreements governing the work to be done. and the materials and equipment to be furnished. - 16 • The Contract Documents are complimentary, and what is called for by one shall be as binding as if called for by all. The intention of the Documents is to include all tools,. labor,: equipment, materials and supplies necessary for the proper execution of the work. Materials or work described in words which so applied have a well-known Technical or Trade meaning shall be held to refer to such recognized meaning. The following copies of the executed Contract Documents will be provided: One for the Contracting Authority, I One for the successful Bidder, One for the Engineer, One for the Surety, One for filing with the Circuit Clerk in the County where the Work is to be performed. SUBCONTRACTS: The Contractor shall, as soon as practicable after the signing of the Contract, submit to the Engineer, in writing, the names of any Sub- contractors he proposes for any part of the work. x` The Engineer's approval must be secured, in writing, on all Sub- contracts before they are made and signed. The Contractor shall be .held fully responsible to the Contracting Authority and the Engineer for the acts and omissions of his Subcontractors and of the persons directly or indirectly employed by his Subcontractors. Nothing contained in these Specifications or in the Contract Documents shall create any contractual relation between any Subcontractor and the Contracting Authority. 6. THE CONTRACTOR: • It is understood -and agreed that the Contractor has satisfied him- self as to the nature and location of the work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent, or employee of the Contracting Authority or Engineer, either before or after the execution of this Contract, .shall affect or modify any of the terms or obligations herein contained.