HomeMy WebLinkAbout105-92 RESOLUTION•
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RESOLUTION NO. 105-92
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT TO FAYETTE TREE
AND TRENCH IN THE AMOUNT OF $247,365.20
(INCLUDES CONTINGENCY) IN CONNECTION WITH
MINISYSTEM 2 SEWER REHABILITATION.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TEE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract to Fayette Tree and
Trench in the amount of $247,365.20 (includes contingency) in
connection with Minisystem 2 Sewer Rehabilitation. A copy of the
contract authorized for execution hereby is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 21st day of July , 1992.
APPROVED:
By:-%'„dirtelf" I'
ATTEST:
By
Mayor
1
4 •
McGoodwin.'Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville. Arkansas 72703
Telephone 501'443-3404 FAX 501/443.4340
August 5, 1992
Re: Bid Documents
Sanitary Sewer System Rehabilitation
and Reconstruction
Minisystem 2
Contract Section I
Fayetteville, Arkansas
Project No. Fy-210
Ms. Sherry Thomas, City Clerk
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Dear Ms. Thomas:
Enclosed for the city's permanent files is the original
bound bid of Fayette Tree & Trench, Inc. submitted June 17, 1992,
for the above referenced project.
JLR:sc
Enclosure
Very truly yours,
Jeffrey L. Richards, P. E.
1
1
1
SRECIFWATiNN3 AND CONTRACT ROCUMRNTS
SANITARY SEWER SYSTEM
It REHABILITATIO A D
.RECONSTRUCTION
MINISYSTEM .COOfract Settles I
• For the City -of •
FAYE``EVILLE, ARKANSAS
PLANS No. Fy- 10
Jamey 1992
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June 17, 1992
License No. 91-3066
American States Insurance Company
INDIANAPOLIS, INDIANA
Bid Bond
Know all Men by these Presents
That
we FAYETTE TREE & TRENCH, INC.
P. 0. BOX 471
of FAYETTEVILLE, ARKANSAS 72702 (hereinafter
called the Principal),
as Principal, and AMERICAN STATES INSURANCE COMPANY (hereinafter called the Surety), as Surety, are
held and firmly bound
unto CITY
OF FAYETTEVILLE,
FAYETTEVILLE,
ARKANSAS 72701
(hereinafter called the Obligee) in the penal sum of
5% OF AMOUNT OF BID
Dollars
($ 5%
OF BID Ansfor
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 SANITARY SEWER SYSTEM, REHABILITATION
& RECONSTRUCTION,
MINI
-SYSTEM #2, CONTRACT SECTION 1,PLAN FY210
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
17TH
day of
JUNE
1992
FAYETTE TREE &
TRENCH, INC.
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By:
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Witness
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Title
STATES
SURANCE COMPANY
AORICAN
y
Wi ness
,
Attorney-in-Fact
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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
ot
Wiens, and having as 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 OR KEVIN RENNER
CT)Fayetteville and State of Arkansas
its • true and lawful Attorney(s)-in-Fact, with hill power and authority hereby converted in its name. place and stead, to execute, acknowledge andN
delh r any and as bonds. reeogntzances, contracts el indemnity and other conditional or obligatory undertakings, provided. however. 1
that the penal sum of any one such instrument executed hereunder shall not exceeds,
00,000.00) DOLLARS —4
President, sealed wait the cannon seal of the Corporation
may do in the premises This Power of Attorney is executed
American States Insurance Company, which reale as follows:
resident, Senior Vice -President, Second Vice -President
otter officer o; the Corporation. W appoint AtWncysin-lad
to execute, on behalf of the Corporate, any bonds,
TWO MILLION FIVE HUNDRED THOUSAND AND. NO/100
and to bind the Corporation thereby a fully and to the some extent as if such bands were
and duly attested by M Secretary, hereby ratifying and confining as that the said A
and may be revoked pursuant to and by authority granted by Section 7.07 of the -
"The Chairman, the Prssidsnt.or any Vice -President (including any Ex
or Assistant vice-Preeioanfi shalt have power, by and with the concurre
a the business of the Corporation may require and to authorize
recognizance.. stipulation and undertakings, whether by way of
IN WITNESS WHEREOF, American States Insurance Company
Assistant Vice-PresWsnt and its corporate seal to be hereto affixed
A.D. 19 91
ATTEST:
used these presents to be signed by its Vice -President, attested byits
d day of August
AN STATES INSURANCE COMPANY
Assistant Vice -President
STATE OF INDIANA
COUNTY OF MARION SS
23rd day of
Joseph P. Heim
being by me duly swom, acknowledge theacutiorkof they
States Insurance Company; that hethe seal of'e"'
It was so affixed by authority of th BMrd`TSI DlreFllks
Joseph F. Heim' fora s
Gol'pgstio� mefr'
On this
Assistant VkaProsiOem of saf��rc
KATHLEEN FOR
JOHNSON COU
MY COMMIS
STATE OF IN
COUNTY OF MAR
the Assistant Vice -President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that
the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which
is stilt 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:
"Ali policies and otter instruments of insurance issued by the Corporation shall be signed on behalf 01 the Corporation by the Chairman,
the president or any vice-president (Including any Executive Vice -President, Senior Vice -President, Yoe -President, Second Vice -President,
or Assistant Vice -President) end the secretary, assistant secretary, or other officer, whose signatures, if the Instrument is duly countersigned
by an authorized representative of the Corporation, may be tacslmltres. 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 issued by the Corporation."
In witness whereof, 1 have hereunto set my hand and affixed the seal of said Corporation, this (1 t4 day of cel 114./ Q.
A.D., 19_12.-
A D 19 91 before me personally came
to me known, who
instrument and did depose and say; that he is a Vice -President of American
rwration; that the seal affixed to the said instrument is such corporate seal; that
.d Corporation; and that he signed his name thereto under like authority. And said
is acquainted with John J. Rosich and knows him to be Me
executed the above instrument.
Notary Public
THIS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN HEREOF IN
RED INK, WITH A RED DIAGONAL IMPRINT — AMERICAN STATES INSURANCE — PRESENT IN ITS ENTIRETY. IF
9-1459 YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY, CALL 3'i1-2624262 OR
(1.91) WRITE US AT P.O. BOX 1638, INDIANAPOLIS, IN 46206-1636.
SPECIFICATIONS AND CONTRACT DOCUMENTS
SANITARY SEWER SYSTEM
REHABILITATION AND
RECONSTRUCTION
MINISYSTEM 2
Contract Section I
For the City of
FAYETTEVILLE, ARKANSAS
PLANS N0. Fy-210
January 1992
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
0 1992 McGoodwin, Williams and Yates
TABLE OF CONTENTS
Advertisement for Bids 1
Instructions to Bidders 2
State Wage Determination 4
Bid 5
Contract 6
Performance Bond and Payment Bond 7
Standard General Conditions of the Construction Contract 8
Supplementary Conditions 8
TECHNICAL SPECIFICATIONS
Division 1
General Requirements
Project Requirements 100
Testing 120
Temporary Facilities 130
Schedules 140
Storage and Handling of Materials 160
Division 3
Roads, Drives, Parking Areas, Sidewalks, and Curb & Gutter
Crushed Stone Base 300
Pipe Bedding Material for Gravity Sewers 310
i
1
' Division 4
Pipe and Pipe Laying
Clearing, Cutting and Rebuilding/Repairing Fences 400
Surface Removal 401
Polyvinyl Chbride (PVC) Pipe and Fittings for Sewer Lines 419
Ductile Iron Sewer Pipe and Ductile Iron Sewer Pipe Fittings 420
Polyethylene Encasement for Ductile Iron Pipe, Fittings
and Appurtenances 422
Mandrel Testing of Polyvinyl Chloride Pipe Sewer Lines 429
Cleaning and Televising Sanitary Sewer Lines 442
Main Line Air Test and Grouting 443
Point Repairs 444
Replacement of Line Segments 445
Bypass Pumping 447
Manhole Rehabilitation 448
Municipal Main Line Tap and Service Line Repairs 449
Placing Pipe Protection Cover and Compacted Backfill 461
Cast -In -Place Manholes 482
Cleanup and Seeding 489
City Street Repair 491
Driving Surface, Sidewalk and Curb and Gutter Repair 495
1
1
1
1
1
1
1
1 Division 5
Section
Concrete and Reinforcing Steel
Concrete 503
1
Division 12
1 Payment
Methods of Measurement and Payment 1200
1
Appendix A
1
1
1
it
1
ADVERTISEMENT FOR BIDS
Notice is hereby given that, pursuant to an order of the Board of Directors of the City of
Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall,
113 West Mountain, Fayetteville, Arkansas, until 2:00 p.m. on June 10, 1992, for
furnishing all tools, materials and labor and performing the necessary work for Sanitary
Sewer System Rehabilitation and Reconstruction, Minisystem 2, Contract Section 1 At
this time the bids received will be publicly opened and read aloud in City Hall, Room 111.
The work generally consists of:
Replacement of approximately 3,100 linear feet of sanitary sewer line;
construction of approximately 6 point repairs; construction of approximately
8 municipal main line tap and service line repairs; construction and/or
rehabilitation of approximately 22 manholes; cleaning, de -rooting, testing
and grouting of approximately 2,900 linear feet of main line; including
clearing, excavations, cleanup, seeding and mulching, testing, and all work
required for a complete rehabilitation or reconstruction of the existing
sanitary sewer system.
Plans and specifications are on file and may be examined at the office of the City
Engineer, and 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 requests which are
received through June 5, 1992, and upon the payment of $50.00 for plans and $50.00
for specifications, a total of $100.00, 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 bid 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 bid sheets contained in the specifications, and such
bid sheets shall ngt be removed from the remainder of the Specifications and Contract
Documents. All bids shall be sealed and the envelopes addressed to the Purchasing
Officer, City of Fayetteville, 113 West Mountain Street, Room 307, Fayetteville, Arkansas
72701. All bids shall be plainly marked on the outside of the envelope specifying that it
is a bid for Sanitary Sewer System Rehabilitation and Reconstruction, Minisystem 2,
Contract Section I, 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.
1-1
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 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
22nd day of May 1992.
/s/ Peggy Bates
Peggy Bates, Purchasing Officer
1-2
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 Specifications and 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 amount, if any,
stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon
request.
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.
3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the
Work, each Bidder must submit the following statement of Bidder's qualifications:
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive.
This statement must be notarized. If necessary, questions may be answered on
separate attached sheets. The Bidder may submit any+�aad�ditional information he desires.
1) Name of Bidder. ra vv 4':'� A* 2) Permanent main office address. POI go* 9 -?1 tirtsc-toi a , 7d'. j-
3) When organized. aii ' 1 7 7 I' I 9
4) If a corporation, where incorporated.
5) How many years have you been engaged in the contracting business under your
present firm or trade name? a 1
2-1
Instructions
to Bidders
6) Contracts on hand. (Schedule these, showing Amount of each contract and the
appropriate anticipated dates of completion.) ,,,.r.4)44 -at . , ,
7) Genjeral chars er pf work performed by your company.
8) Have yod ever ailed to complete any work awarded to you? ,Nc
9) Have you ever defaulted on a contract? If so, where and why? /V
10) List the more important projects recently completed by your company, stating the
iporoximate cost fob each an�mont pand year complet9d. A l"
wYd ^� c^a'�' hiv14 • 1 u �l15- a e D ?1..4 :.,.-" 1 I'd- �i
11) fiList,your major equipment available for this contract. ,c,:s.-s^ } e I, et
�^-`ti'-" % N-- 3 n5,24;24:—
12) - Experience in construction similar in size to this project, along with project owners
anndlenj'neers. j A 7r
13) `Bkckground and experience of the principal merles of your organization,
including, the officers. 741..
14)
Credit available: C) u� r y� J Sc . 0 t d , etc ert_mi-1
M°' y I o
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? y
1/
Dated at
of
•
``h
.,
1 -Al\ -1
Name of Organization:t/- ' / ,1,LC,-
State
S-
State of
axk...,,wo
this / day
,194
I & F-0-'4\ - It:
By .
Title
Y
County of
being duly sworn deposes and says
that he (9184 is the PAL -4-1-.-01- - of
A
-'tw , - t Q. " �� u �.,E °1^ <- . Contractor(s), and that
answe{ to the foregoing questions and all statements therein contained are true and
correct
2-2
1
1
Instructions
to Bidders
Subscribed and sworn before me this /74 day of Qom_
1 19 9 2.
1 `µR44
t C ••.14.
rnission yes !TD .Q
OPUsoG Ice
' Each wecontain 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
Notary Public
1
1
1
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.
I4.2 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
I 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
Ithereof 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
Isite 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 4.21 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 and data
1 furnished to Owner and Engineer by owners of such Underground Facilities or others,
1
2-3
Instructions
to Bidders
and Owner does not assume responsibility far 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 and 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
Tess than ten days prior to the date for opening of Bids may not be answered Only
questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
2-4
Instructions
to Bidders
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.
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 lime) 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 -equals items. Substitute
or "or -equal' Items of materials or equipment, unless d 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 procedure for
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 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.
2-5
Instructions
to Bidders
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. THE BID
FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT
DOCUMENTS.
13. MODIFICATION AND WITHDRAWAL QF 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 place where Bids are to
be submitted at any time prior to the opening of Bids.
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Instructions
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132 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 nonresponsive)
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 in 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 matenals 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, 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.
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Instructions
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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 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 provisions 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 Tess 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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