HomeMy WebLinkAbout127-90 RESOLUTIONRESOLUTION NO.
A RESOLUTION
FAYETTE TREE
SEPARATION AND
HIGHWAY 180.
127-90
AUTHORIZING A CONTRACT WITH
& TRENCH, INC FOR GRADE
WATER AND SEWER RELOCATION ON
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract in the amount of
$128,059.50 with Fayette Tree & Trench, Inc. A copy of the bid
tabulation sheet and contract authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 21st. day of Augusg
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SATTEST:
By:
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APPROVED:
, 1990.
By:Kad/
Mayor
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SPECIFICATIONS AND CONTRACT DOCUMENTS
WATER & SEWER RELOCATION
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Relative to
Highway 180 Grade Separation
(Fayetteville)
FAYETTEVILLE, ARKANSAS
Federal Aid Project RRS-042-1(7)
AHTD Job 40042
PLANS NO. Fy-198
JUNE 1990
McGOODWIN, WILLIAMS AND YATES, INC.
CONSULTING ENGINEERS
FAYETTEVILLE, ARKANSAS
0 1990 McGoodwln, Williams and Yates
That we,
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American States Insurance Company
INDIANAPOLIS, INDIANA
Bid Bond
Know all Men by these Presents
FAYETTE TREE & TRENCH, INC.
P. 0. BOX 427
of FAYETTEVILLE, ARKANSAS 72702 (hereinafter called
as Principal, and AMERICAN STATES INSURANCE COMPANY (hereinafter called the Surety),
held and firmly bound unto CITY OF FAYETTEVILLE, ARKANSAS
the Principal),
as Surety, are
(hereinafter called the Obligee) in the penal sum of 5% OF AMOUNT OF BID
Dollars ($5% OF AMT BID) for the payment of which the Principal
and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents:
WHEREAS, the Principal has -submitted a bid for AHTD JOB #40042 - WATER & SEWER
RELOCATION - HIGHWAY 180, FAYETTEVILLE, ARKANSAS 72701
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may
be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance
of such Contract, or in the event of the failure of the Principal to enter such Contract. and give such bond or
bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with
another party to :perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full 'force and effect.
- Signed and Sealed this 31ST day of JULY r 1925
FAYETTE TREE & TRENCH, INC'( ;!/`
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GENERAL POWER OF ATTORNEY
American States Insurance Company
INDIANAPOLIS, INDIANA
KNOW ALL MEN BY THESE PRESENTS, that American States Insurance Company. a Corporation duly organized and existing under the laws of the State
of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute
and appoint
ROBERT M. RENNER AND KEVIN RENNER
(Jointly or Severally)
of Fayetteville and state of • Arkansas
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and
deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings, provided, however,
that the penal sum of any one such instrument executed hereunder shall not exceed
TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 ($2,500,000.00) DOLLARS
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This Power of
Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By -Laws of the American States Insurance Company,
which reads as follows:
"The Chairman, the President or any vice-president (including any Executive Vice President, Senior Vice President, Second Vice President
or Assistant Vice President) shall have power, by and with the concurrence with the any other officer of the Corporation, to appoint Attorneys -in -
Fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds,
recognizances, stipulations and undertakings, whether by way of surety or otherwise."
IN WITNESS WHEREOF, American States Insurance Company has caused these presents to be signed by its Vice -President, attested by its
Assistant Vice -President and its corporate seal to be hereto affixed this 24th day of
A.D. 19 89
ATTEST:
Assistant Vice.President
STATE OF INDIANA
COUNTY OF MARION SS
On this 24th
day of
May
May
AMERICAN. STATES INSURANCE COMPANY
By
, A.D., 19 89 before me personally came
Joseph F. Heim , to me known, who
being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Vice -President of American States Insurance
Company; that he knows the se 1 of said Corporation; that the seal affixed to the said instrument is such corporate seal; That it was so affixed by authority
of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said
Joseph F. Heim further said that he is acquainted with John J. Rosich
Assistant Vice -President of said Corporation; and that he executed the above instrument.
MY COMMISSION EXPIRES
FEBRUARY 5, 1003
My Commission Expires
STATE OF INDIANA SS
COUNTY OF MARION
i.John J. Rosich . the Assistant Vice President of AMERICAN STATEri INSURANCE COMPANY, do hereby certify that
the above and foregoing is a true and correct copy 01 a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still
in force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By -Laws of AMERICAN STATES INSURANCE
COMPANY which reads as follows:
"All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the President
of any vice-president (including any Executive Vice President, Senior Vice President, Vice President, Second Vice President or Assistant Vice President)
arta the secretary, or an assistant secretary, or other officer, whose signatures. if the instrument is duly countersigned by an authorized representative
of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding
the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been;actually':7,
issued by the Corporation." >*" • n 'i7.yr ri7
94
In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this day 0?et
a re. l�
A. D., 19 CI 0.. - � ��;
a
e. Notary Public
and knows him to be the
9-1459
(9-88)
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Assistant Vice -President 'd !•? '--•----.-
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SPECIFICATIONS AND CONTRACT DOCUMENTS
WATER & SEWER RELOCATION
Relative to
Highway 180 Grade Separation
(Fayetteville)
FAYETTEVILLE, ARKANSAS
Federal Aid Project RRS-042-1(7)
AHTD Job 40042
PLANS NO. Fy-198
JUNE 1990
McGOODWIN, WILLIAMS AND YATES, INC.
CONSULTING ENGINEERS
FAYETTEVILLE, ARKANSAS
® 1990 McGoodwin, Williams and Yates
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TABLE OF CONTENTS
Section
Advertisement forBids 1
Instructions to Bidders 2
Arkansas Wage Determination 4
Bid 5
Contract Agreement 6
Performance Bond and Payment Bond 7
Standard General Conditions of the Construction Contract
Supplementary Conditions
TECHNICAL SPECIFICATIONS
Division 1
General Requirements
Project Requirements 100
Testing 120
Schedules 140
Use of Explosives 150
Storage and Handling of Materials 160
Division 3
Roads, Drives, Parking Areas, Sidewalks, and Curb and Gutter
Crushed Stone Base SB -2 300
Select Hillside Material 301
Pipe Bedding Material 310
Division 4
Pipe and Pipe Laying
Clearing Rights of Way, Cutting and Rebuilding/Repairing Fences 400
Surface Removal 401
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Section
Classification of Excavation for Construction of Sewers 402
Water Service Reconnection 409
Ductile Iron Pipe andFittings for Water Lines 411
Polyethylene Encasement for Ductile Iron Pipe,
Fittings and Appurtenances. 413
Polyvinyl Chloride (PVC) Sewer Pipe and Fittings 419
Ductile Iron Sewer Pipe and Fittings 420
Low Pressure Air Testing for Sewer Lines 428
Mandrel Testing of Polyvinyl Chloride Pipe Sewer Lines 429
Gate Valves and Butterfly Valves 450
Placing Pipe Protection Cover and Compacted Backfill 461
Flushing, Hydrostatic Testing, Disinfection and Dynamic
Testing of Water Lines 462
Fire Hydrants 472
Cast -in -Place Manholes 482
Existing Manholes to be Demolished 485
Pipeline Cleanup, Seeding and Sodding 487
City Street Crossings 491
Street Overlay, Driving Surface, Sidewalk and
Curb and Gutter Repair 495
Railroad. Crossings for Utility Relocation Projects 498
Arkansas State Highway Crossings for Utility Relocation Projects 499
Division 5
Concrete and Reinforcing Steel
Concrete 503
Division 12
Payment
Methods of Measurement and Payment 1200
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ADVERTISEMENT FOR BIDS
Notice is hereby given that, in pursuance to an order of the Board of
Directors of the City of Fayetteville, Arkansas, sealed bids will be received
until 10:30 a.m. on July 31, 1990, for furnishing all tools, materials and
labor and performing the necessary work for construction of Water and Sewer
Relocation - Highway 180 Grade Separation (previously known as Highway 62).
At this time the bids received will be publicly opened and read aloud in
Room 111 of the City Administration Building. The work generally consists
of:
Water and Sewer Relocation consisting of approximately 1,200 feet
of 12 inch and 300 feet of 6 inch ductile iron water pipe; 1,000
feet of sewer in 8, 10 and 12 inch sizes, together with highway
crossings, ties to systems and other appurtenances as are necessary
fora complete project.
Plans and specifications are on file in the office of McGoodwin, Williams and
Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville,
Arkansas 72703. Copies of these documents may be obtained from the office of
said engineers upon the payment of $20.00 for plans and $20.00 for
specifications, a total of $40.00, which is not refundable.
The contractors shall make such inspection and studies of the site of the
work as to familiarize themselves with all conditions to be encountered.
Each bid must be accompanied by an acceptable statement of bidder's
qualifications. The requirements of the bidder's statement of qualifications
will be furnished to prospective bidders with plans and specifications.
Each bid must be accompanied by an acceptable form of proposal guaranty in
the amount equal to at least five percent of the whole bid, and such bid bond
or cashier's check shall be subject to the conditions provided in the
Instructions to Bidders.
Bids must be made upon the official proposal sheets contained in the
specifications, and such proposal sheets shall not be removed from the
remainder of the contract documents. All bids shall be sealed and the
envelopes addressed to and delivered to the Purchasing Officer, City of
Fayetteville, 113 West Mountain, Room 307, Fayetteville, Arkansas 72701. All
bids shall be plainly marked on the outside of the envelope specifying that
it is a bid for construction of Water and Sewer Relocation - Highway 180
Grade Separation, the time for opening of bids, and the name and current
contractor's license number of the bidder.
All bidders must be licensed under the terms of Act 150, Arkansas Acts of
1965, as amended.
The Board of Directors reserves the right to reject any and all bids and to
waive any informalities in the proposal deemed to be in the best interests of
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the Board. The Board further reserves the right to withhold the awarding of
the contract for a period not to exceed 60 days after the receipt of bids.
Dated this day of , 1990.
Northwest Arkansas Times:
Publish 7/17/90 and 7/24/90
1-2
Peggy Bates, Purchasing Officer
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Instructions
to Bidders
INSTRUCTIONS TO BIDDERS
1. DEFINED TERMS. Terms used in these Instructions to Bidders which are
defined in the Standard General Conditions of the Construction Contract
(No. 1910-8, 1983 ed.) have the meanings assigned to them in the General
Conditions. The term "Bidder" means one who submits a Bid directly to Owner,
as distinct from a sub -bidder, who submits a bid to a Bidder. The term
"Successful Bidder" means the lowest, qualified, responsible and responsive
Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter
provided) makes an award. The term "Bidding Documents" includes the
Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form,
and the proposed Contract Documents (including all Addenda issued prior to
receipt of Bids).
2. COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the deposit
sum, if any, stated in the Advertisement or Invitation to Bid may be obtained
from the Engineer.
2.2 Complete sets of Bidding Documents must be used in preparing Bids;
neither Owner nor Engineer assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on
the above terms do so only for the purpose of obtaining Bids on the Work and
do not confer a license or grant for any other use.
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3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the
Work, each Bidder must submit with his Bid the following statement of
Bidder's qualifications:
All questions
comprehensive.
STATEMENT OF BIDDER'S QUALIFICATIONS
(To be submitted with and attached to Bid.)
must be answered and the data given must be clear and
This statement must be notarized. If necessary, questions
may be answered on separate attached sheets. The Bidder may submit any
additional information he desires.
1) Name of Bidder.
2) Permanent main office address.
3) When organized.
4) If a corporation, where incorporated.
2-1
Instructions
to Bidders
5) How many years have you been engaged in the contracting business under
your present firm or trade name?
6) Contracts on hand. (Schedule these, showing amount of each contract and
the appropriate anticipated dates of completion.)
7) General character of work performed by your company.
8) Have you ever failed to complete any work awarded to you?
9) Have you ever defaulted on a contract? If so, where and why?
10) List the more important projects recently completed by your company,
stating the approximate cost for each, and the month and year completed.
11) List your mayor equipment available for this contract.
12) Experience in construction of water and sewer relocation similar in size
to this project, along with project owners and engineers.
13) Background and experience of the principal members of your organization,
including the officers.
14) Credit available: $
15) Give bank reference:
16) Will you, upon request, fill out a detailed financial statement and
furnish any other information that may be required by the Owner?
Dated at this
day of , 19
Name of Organization:
State of
County of
says that he (she) is the
By
Title
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being duly sworn deposes and
of
, Contractor(s), and that answers to the foregoing
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Instructions
•to Bidders
questions and all statements therein contained are true and correct.
Subscribed and sworn before me this day of
19 .
My commission expires
(Seal)
Notary Public
Each Bid must contain evidence of Bidder's qualifications to do business in
the state where the project is located or covenant to obtain such
qualification prior to award of the contract.
4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1 It is the responsibility of each Bidder before submitting a Bid, to
a) examine the Contract Documents thoroughly, b) visit the site to become
familiar with local conditions that may affect cost, progress, performance or
furnishing of the Work, c) consider federal, state and local Laws and
Regulations that may affect cost, progress, performance or furnishing of the
Work, d) study and carefully correlate Bidder's observations with the
Contract Documents, and e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2 Reference is made to the Supplementary Conditions for identification of:
4.2.1 those'reports of explorations and tests of subsurface conditions at
the site which have been utilized by Engineer in preparation of the Contract
Documents. Bidder may rely upon the accuracy of the technical data contained
in such reports but not upon non-technical data, interpretations or opinions
contained therein or for the completeness thereof for the purposes of bidding
or construction.
4.2.2 those drawings of physical conditions in or relating to existing
surface and subsurface conditions (except Underground Facilities) which are
at or contiguous to the site which have been utilized by Engineer in
preparation of the Contract Documents. Bidder may rely upon the accuracy of
the technical data contained in such drawings but not upon the completeness
thereof for the purposes of bidding or construction.
Copies of such reports and drawings will be made available by Owner to any
Bidder on request. Those reports and drawings are not part of the Contract
Documents, but the technical data contained therein upon which Bidder is
entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated
therein by reference. Such technical data has been identified and
established in the Supplementary Conditions.
4.3 Information and data reflected in the Contract Documents with respect to
Underground Facilities at or contiguous to the site is based upon information
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Instructions
to Bidders
and data furnished to Owner and Engineer by owners of such Underground
Facilities or others, and Owner does not assume responsibility for the
accuracy or completeness thereof unless it is expressly provided otherwise in
the Supplementary Conditions.
4.4 Provisions concerning responsibilities for the adequacy of data
furnished to prospective Bidders on subsurface conditions, Underground
Facilities and other physical conditions, and possible changes in the
Contract Documents due to differing conditions appear in paragraphs 4.2 and
4.3 of the General Conditions.
4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make
or obtain any additional examinations, investigations, explorations, tests
and studies and obtain any additional information and data which pertain to
the physical conditions (surface, subsurface and Underground Facilities) at
or contiguous to the site or otherwise which may affect cost, progress,
performance or furnishing of the Work and which Bidder deems necessary to
determine its Bid for performing and furnishing the Work in accordance with
the time, price and other terms and conditions of the Contract Documents.
4.6 On request in advance, Owner will provide each Bidder access to the site
to conduct such explorations and tests as each Bidder deems necessary for
submission of a Bid. Bidder shall fill all holes, clean up and restore the
site to its former condition upon completion of such explorations.
4.7 The lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and other lands designated for use by Contractor
in performing the Work are identified in the Contract Documents. All
additional lands and access thereto required for temporary construction
facilities or storage of materials and equipment are to be provided by
Contractor. Easements for permanent structures or permanent changes in
existing structures are to be obtained and paid for by Owner unless otherwise
provided in the Contract Documents.
4.8 The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement of
this Article 4, that without exception the Bid is premised upon performing
and furnishing the Work required by the Contract Documents and such means,
methods, techniques, sequences or procedures of construction as may be
indicated in or required by the Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate any convey
understanding of all terms and conditions for performance and furnishing of
the Work.
5. INTERPRETATIONS AND ADDENDA
5.1 All questions about the meaning or intent of the Contract Documents are
to be directed to Engineer. Interpretations or clarifications considered
necessary by Engineer in response to such questions will be issued by Addenda
mailed or delivered to all parties recorded by Engineer as having received
the Bidding Documents. Questions received less than ten days prior to the
date for opening of Bids may not be answered. Only questions answered by
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Instructions
to Bidders
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formal written Addenda will be binding. Oral: and other interpretations or
clarifications will be without legal effect.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed
advisable by Owner or Engineer.
6. BID SECURITY
6.1 Each Bid must be accompanied by Bid security made payable to Owner in an
amount of five percent of the Bidder's maximum Bid price and in the form of a
certified or bank check or a Bid Bond (on form attached, if a form is
prescribed) issued by a surety meeting the requirements of paragraph 5.1 of
the General Conditions. The bid security shall be placed in a marked, sealed
envelope and securely fastened to the outside of the sealed Bid.
6.2 The Bid security of the Successful Bidder will be retained until such
Bidder has executed the Agreement and furnished the required contract
security, whereupon the Bid security will be returned. If the Successful
Bidder fails to execute and deliver the Agreement and furnish the required
contract security within 15 days after the Notice of Award, Owner may annul
the Notice of Award and the Bid security of that Bidder will be forfeited.
The Bid security of other Bidders whom Owner believes to have a reasonable
chance of receiving the award may be retained by Owner until the earlier of
the seventh day after the Effective Date of the Agreement or the 61st day
after the Bid opening, whereupon Bid security furnished by such Bidders will
be returned. Bid security with Bids which are not competitive will be
returned within seven days after the Bid opening.
7. CONTRACT TIME. The numbers of days within which, or the dates by which,
the Work is to be substantially completed and also completed and ready for
final payment (the Contract Time) are set forth in the Bid Form and the
Agreement.
8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set
forth in the Agreement.
9. SUBSTITUTE OR "OR -EQUAL" ITEMS. The Contract, if awarded, will be on
the basis of materials and equipment described in the Drawings or specified
in the Specifications without consideration of possible substitute or
"or -equal" items. Substitute or "or equal" items of materials or equipment,
unless it is specified that no substitute will be allowed, may be furnished
or used by the Contractor if acceptable to the Engineer. Application for
acceptance of substitute or "or equal" items will not be considered by the
Engineer until after the effective date of the Contract Agreement. The
procedurefor submission of any such application by Contractor and
consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3
of the General Conditions and may be supplemented in the Project
Requirements.
10. SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1 The' Contractor shall not assign or sublet all or any part of this
Contract without the prior written approval of the Owner nor shall the
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Instructions
to Bidders
Contractor allow such Subcontractor to commence Work until he has provided
and obtained approval of such compensation and public liability insurance as
may be required. The approval of each subcontract by the Owner will in no
manner release the Contractor from any of his obligations as set out in the
Plans, Specifications, Contract and Bonds.
10.2 The Contractor will be required to furnish the names of Subcontractors
and the amounts of their subcontracts as required by Act 183, Arkansas Acts
of 1957. The subcontracts may be for mechanical, electrical, roofing and
sheet metal work. Subcontract amounts must be submitted on a separate list
in a sealed envelope and must accompany the Bid Form. The Subcontractor's
name and license number shall appear on the outside of the sealed envelope.
Subcontractors must be licensed according to the laws of the State of
Arkansas.
11. BID FORM
11.1 The Bid Form is included with the Bidding Documents; additional copies
may be obtained from Engineer (or the issuing office).
11.2 All blanks on the Bid Form must be completed in ink or by typewriter.
11.3 Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other corporate officer accompanied by
evidence of authority to sign) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address
and state of incorporation must be shown below the signature.
11.4 Bids by partnerships must be executed in the partnership name and
signed by a partner, whose title must appear under the signature and the
official address of the partnership must be shown below the signature.
11.5 All names must be typed or printed below the signature.
11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form).
11.7 The address and telephone number for communications regarding the Bid
must be shown.
12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place
indicated in the Advertisement or Invitation to Bid and shall be enclosed in
an opaque sealed envelope, marked with the Project title (and, if applicable,
the designated portion of the Project for which the Bid is submitted) and
name and address of the Bidder and accompanied by the Bid security and other
required documents. If the Bid is sent through the mail or other delivery
system, the sealed envelope shall be enclosed in a separate envelope with the
notation "BID ENCLOSED" on the face of it.
13. MODIFICATION AND WITHDRAWAL OF BIDS
13.1 Bids may be modified or withdrawn by an appropriate document duly
executed (in the manner that a Bid must be .executed) and delivered to the
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Instructions
to Bidders
et
place where Bids are to,tbe submitted at•any:time prior to the opening of
Bids.
13.2 If, within 24 hours after Bids are opened, any Bidder files a duly
signed, written notice with Owner and promptly thereafter demonstrates to the
reasonable satisfaction of Owner that there was a material and substantial
mistake in the preparation of its Bid, that Bidder may withdraw its Bid and
the Bid security will be returned. Thereafter, that Bidder will be
disqualified from further bidding on the Work to be provided under the
Contract Documents.
14. OPENING OF BIDS. Bids will be opened and (unless obviously
non-responsive) read aloud publicly. A tabulation of the amounts of the base
Bids and major alternates (if any) will be made available to Bidders after
preparation by the Engineer.
15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to
acceptance for 60 days after the day of the Bid opening, but Owner may, in
its sole discretion, release any Bid and return the Bid security prior to
that date.
16. AWARD OF CONTRACT
16.1 Owner reserves the right to reject any and all Bids, to waive any and
all informalities not involving price, time or changes in the Work and to
negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional Bids.
Also, Owner reserves the right to reject the Bid of any Bidder if Owner
believes that it would not be ih'the best interest of the Project to make an
award to that Bidder, whether because the Bid is not responsive or the Bidder
is unqualified or of doubtful financial ability or fails to meet any other
pertinent standard or criteria established by Owner. Discrepancies in the
multiplication of units of Work and unit prices will be resolved in favor of
the unit prices. Discrepancies between the indicated sum of any column of
figures and the correct sum thereof will be resolved in favor of the correct
sum.
16.2 In evaluating Bids, Owner will consider the qualifications of the
Bidders, whether or not the. Bids comply with the prescribed requirements, and
such alternates, unit prices and other data, as may be requested in the Bid
Form or prior to the Notice of Award.
16.3 Owner may consider the qualifications and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of
the Work as to which the identity of Subcontractors, Suppliers, and other
persons and organizations must be submitted as provided in the Supplementary
Conditions. Owner also may consider the operating costs, maintenance
requirements, performance data and guarantees of major items of materials and
equipment proposed for incorporation in the Work when such data is required
to be submitted prior to the Notice of Award.
16.4 Owner may conduct such investigations as Owner deems necessary to
assist in the evaluation .of any Bid and to establish the responsibility,
2-7
Instructions
to Bidders
qualifications and financial ability of Bidders, proposed Subcontractors,
Suppliers and other persons and organizations to perform and furnish the Work
in accordance with the Contract Documents to Owner's satisfaction within the
prescribed time.
16.5 If the contract is to be awarded, it will be awarded to the lowest
responsive, responsible Bidder whose evaluation by Owner indicates to Owner
that the award will be in the best interests of the Project.
16.6 If the contract is to be awarded, Owner will give the Successful Bidder
a Notice of Award within 60 days after the day of the Bid opening.
17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the
Supplementary Conditions set forth Owner's requirements as to Performance and
Payment Bonds. When the Successful Bidder delivers the executed Agreement to
Owner, it must be accompanied by the required Performance and Payment Bonds.
18. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the
Successful Bidder, it will be accompanied by the required number of unsigned
counterparts of the Agreement with all other written Contract Documents
attached. Within 15 days thereafter Contractor shall sign and deliver the
required number of counterparts of the Agreement and attached documents to
Owner with the required Bonds. Within ten days thereafter Owner shall
deliver one fully signed counterpart to Contractor. Each counterpart is to
be accompanied by a complete set of the Drawings with appropriate
identification.
19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in
accordance with the requirements of Act 150, Arkansas Acts of 1965, the
"Arkansas State Licensing Law for Contractors." Bidders who submit Bids in
excess of $20,000 must submit evidence of their having a contractor's license
before their bids will be considered, and shall note their license number on
the outside of their Bid.
20. LABOR LAWS. The Contractor shall abide by all federal, state and local
laws governing labor. The Contractor further agrees to save the Owner
harmless from the payment of any contribution under the State Unemployment
Compensation Act, and the Contractor agrees that if he is subject to the
Arkansas State Unemployment Act, he will make whatever contributions are
required under and by virtue of the provisions of said Act.
21. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as
established by common usage in the city and adjacent community for the
various types of labor and skills performed. In case wage rates are
specified in the Contract Documents, the rates as specified shall be the
minimum rates which apply to the Project. Whenever available, local common
labor shall be used and whenever practical, skilled and semi -skilled labor,
if available, shall be used.
The Contractor and each Subcontractor, where the contract amount exceeds
$75,000, shall comply with the provision of Act 74, as amended by Act 275 of
1969 (Ark. Stat. 14-630). The provisions are summarized below.
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Instructions
to Bidders
The Contractor and Subcontractor shall:
1) pay the minimum prevailing wage rates for each craft or type of
workman and the prevailing wage rate for holiday and overtime work,
as determined by the Arkansas Department of Labor.
2) post the scale of wages in a prominent and easily accessible place
at,the site of the Work.
3) keep an accurate record showing the names and occupation and hours
worked of all workmen employed by them, and the actual wages paid
to each of the workmen, which record shall be open at all
reasonable hours to the inspection of the Department of Labor or
the Owner, its officers and agents.
The Owner shall have the right to withhold from amounts due the Contractor so
much of accrued payments as may be considered necessary to pay the workmen
employed by the Contractor or any Subcontractor, the difference between the
rates of wages required by this Contract and the rates of wages received by
such workmen.
If it is found that any workmen employed by the Contractor or a Subcontractor
has been or is being paid a rate of wages less than the rate of wages
required by this Contract, the Owner may by written notice to the Contractor,
terminate his right to proceed with the Work or such party of the Work as to
which there has been a failure to pay the required wages and to prosecute the
Work to ;completion by Contract or otherwise, and the Contractor and his
sureties shall be liable for any excess costs occasioned thereby.
22. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all
Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This
act provides for payment for certain taxes on materials and equipment brought
into the state. It further provides for methods of collecting said taxes.
All provisions of this Act will be complied with under this Contract.
23. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and
withhold Arkansas income taxes, as required by Arkansas law, from wages paid
to employees, whether such employees are residents or nonresidents of
Arkansas.
24. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND
ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all
NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of
1987. This act provides for non-resident contractors and subcontractors
notice and bond regulations by the Commissioner of Revenues, Department of
Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203
prior to commencing work or undertaking to perform any duties under any
contract within the State of Arkansas.
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Bill Clinton
Governor
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STATE OF ARKANSAS
ARKANSAS DEPARTMENT OF LABOR
10421 WEST MARKHAM LITTLE ROCK 72205 (501) 682-4500
McGoodwin, Williams & Yates, Inc.
909 Rolling Hills Drive.
Fayetteville, AR 72703
Dear Sirs:
•
June 25, 1990
RE: Water & Sewer Relocations
Hwy. 180 Grade Separation
Fayetteville, Arkansas
Washington County
In response to your written request of June 20, 1990, enclosed is
Arkansas Prevailing Wage Determination 89-194 establishing the minimum wage
rates to be paid on the above -referenced project. These rates were
established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann.
§522-9-301 to 22-9-313(1987) and the administrative regulations promulgated
thereunder.
If the work is subject to the Arkansas Prevailing Wage Law, every
specification shall include minimum prevailing wage rates for each craft
or type of worker as determined by the Arkansas Department of Labor Ark.
Code Ann. §22-9-308(b) (2). Also, the public body awarding the contract
shall cause to be inserted in the contract a stipulation to the effect that
not less than the prevailing hourly rate of wages shall be paid to all workers
performing work under the contract. Ark. Code Ann. 522-9-308(c).
Additionally, the scale of wages shall be posted by the contractor in
a prominent and easily accessible place at the work site. Ark. Code Ann.
522-9-309(a).
Once the contract is awarded, please notify this office of the following:
the name, mailing address and telephone number of the general contractor;
the date construction is to begin; the anticipated completion date; and the
amount of the project bid.
If you have any questions, or we can be of further assistance, please
contact Ann Sanders at the above address and telephone number.
SH:as
Enclosures
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Sincerely,
Sandra Hicks, Administrator
Labor Standards Division
P age 1 of 2 ARKANSAS DEPARTMENT OF LABOR
PREVAILING WAGE DETERMINATION -HEAVY RATE
DATE:
PROJECT:
June 25, 1990
Water & Sewer Relocations
Hwy, 180 Grade Separation
Fayetteville, Arkansas
Washington County
DETERMINATION 0 89-194
COUNTY Statewide
EXPIRATION DATE: 12-72-90
BASIC
HOURLY FRINGE
RATE BENEFITS
BRICKLAYERS 7.20
CARPENTERS. 7.20
CONCRETE FINISHERS 7.20
ELECTRICIANS 8.75
IRONWORKERS:
Structural 6.30
Reinforcing 5.45
LABORERS:
Air tool operator 5.15
Asphalt heater operator 5.15
Asphalt raker 5.85
Carpenter, helper 5.15
Chain saw operator 5.15
Checker grade 5.45
Concrete finisher helper 5.15
Concrete joint sealer 5.15
Concrete saw operator 5.15
Flagger 3.90
Formsetter 5.45
L aborer 3.90
P ipelayer 5.45
Powderman 6.40
Vibratorman 5.15
PAINTER 6.20
PILE DRIVER LEADMAN 6.20
POWER EQUIPMENT OPERATORS:
Aggregate spreader operator 5.80
Asphalt plant fireman 4.85
Asphalt plantdrier operator 4.85
B atch plant operator 5.80
B ulldozer. Operators:
Finish 6.90
Rough 5.65
Bull float operator 5.65
Concrete curing machine operator 5.65
Concrete Mixer Operator:
Less than 5 sacks 5.15
5 sacks or over 6.20
Backhoe operator-rubbertired
(1 yard or less) 6.10
Cherry picker operator 6.10
Concrete paver operator 6.70
Concrete spreader operator 6.70
Crane, Derrick, Dragline, Shovel,
B ackhoe Operators:
1-1/2 yards or less 6.70
Over 1'1/2 yards 7.20
Crusher operator 5.65
Distributor operator 4-2 5.65