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I CONTRACT
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I SPECIFICATIONS AND CONTRACT DOCUMENTS
I CONTRACT SECTIONS I AND II
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I WATER TRANSMISSION LINE
' BEAVER WATER TREATMENT PLANT
1 TO FAYETTEVILLE
1 FAYETTEVILLE, ARKANSAS
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1 PLANS NO. Fy-192
I JANUARY 1992
REVISED AUGUST 1992
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1 McGOODWIN, WIWAMS AND YATES, INC.
CONSULTING ENGINEERS
FAYETTEVILLE, ARKANSAS
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0 1222 McGocdedn, Wane and Vasa
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ADDENDUM NO. 1
Contract Sections 1 and 11
WATER TRANSMISSION LINE
BEAVER WATER TREATMENT PLANT TO FAYETTEVILLE
Fayetteville, Arkansas
Plans No. Fy-192
Dated January 1992
Revised August 1992
The Specifications and Contract Documents for the above project are hereby changed
or clarified in the following particulars.
Page 51-6 - Bid: Contract Section I
The estimated quantity for Bid Item No. 25, Crushed Stone Pipe Bedding Material,
is hereby changed from 7,000 linear feet to 27,000 linear feet. The Bidder shall
with ink strike through 7,000 and write in 27,000.
Page 511-6 - Bid; Contract Section II
The estimated quantity for Bid Item No. 25, Crushed Stone Pipe Bedding Material,
is hereby changed from 1,000 linear feet to 5,000 linear feet. The Bidder shall
with ink strike through 1,000 and write in 5,000.
Pages 408-1 and 2 - Partial Payment Estimate for Water Line Construction
Enclosed is a copy of revised Section 408 which shall replace the existing
Section 408. The changed parts (with the exception of the example) of this
section have been shown in bold.
Page 461-1 - Placing Pipe Protection Cover and Compacted Backfill
Under paragraph C.1, Pipe Protection Cover, in the first and second sentences,
the phrase "2 inches" is hereby changed to read "3 inches'
The following sentence is hereby added to the end of this same paragraph C.1.
"The Contractor shall use every precaution necessary to protect the polyethylene
encasement during backfilling operations?
Pages 411-4 and 414-4 - Ductile Iron Pipe Section and Concrete Pipe Section
Paragraph C, Water Line Construction beginning on the referred to pages, makes
provisions for alignment and grade for each of the two types of allowable pipe.
It is the intention of these Specifications that paragraphs C.2 be adhered to
throughout the project. Provided, however, that should it be discovered during the
surveying operations that a section of the pipeline will have Tess than 36 inches
of cover, the grade shall be modified as necessary to provide a minimum of
36 inches of cover as provided in paragraphs C.6.a of each of these sections of
Specifications.
Attachment
September 22, 1992
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
Phone (501)443-3404
FAX (501)443-4340
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TECHNICAL SPECIFICATIONS
PARTIAL PAYMENT ESTIMATE
FOR WATER LINE CONSTRUCTION
A. GENERAL
Section 408
Partial Payment for W/L
The Engineer will prepare partial payment estimates on a monthly basis. The estimate
will include all work done through the second Friday of each month. Payment for
material on -hand will be made for materials stored and invoices furnished to the Engineer
prior to the second Friday.
The procedures to be used by the Engineer in determining the amount due each month
will generally be as set out below.
1. Pipeline Bid Items. The amount to be paid under pipeline bid items will be
determined by converting the footage of pipe laid into an equivalent value of
length of pipe for purposes of payment. This value will be the sum of percentage
increments of completion of the pipeline construction. These percentage
increments are:
a. for all pipe laid in the trench, properly backfilled and compacted, 90 percent
of the bid price;
b. for all sections of the pipeline where topsoil has been replaced and cleanup
is essentially completed without interruption from the beginning point of
pipeline construction (final fence repair is excepted), an additional 4 percent
of the bid price;
c. for all sections of the pipeline that have passed specified pressure and
leakage tests, an additional 2 percent of the bid price;
d. for all sections of the pipeline that have been successfully sterilized as
specified, an additional 2 percent of the bid price; and
e. for all sections of the pipeline where final fence repair, final cleanup,
seeding and mulching are completed, an additional 2 percent of the bid
price.
An example of this procedure for the determination of equivalent value is as
follows.
EXAMPLE
Assume that the Contractor, during the first month of the contract, lays
4,000 linear feet of pipe under Bid Item No. 1 for which he has bid $80 per foot,
complete in place. Of the 4,000 feet in place, assume that
ADDENDUM NO. 1 408-1
Section 408 1
Partial Payment far WiL
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• 1,500 feet is considered to comply with paragraph a above,
• an additional 1,500 feet complies with paragraphs a and b, and '
• the remaining 500 feet complies with paragraphs a, b and c.
How much can the Contractor expect to collect an this item of work? Art '
equivalent length of completed pipe would be calculated as follows by the
Engineer:
1,500 L.F. @ $80 x 90% $108,000 1
1,500 L.F. 8 $80 x 94% 112,800
500 L.F. Q $80 x 96% 38.400
Total Estimated Value of Completed Work $259,200
As shown above, the estimated value of completed work is $256,000. If this figure 1
is divided by the bid price of $80 per linear foot, then the footage of pipe that will
be shown on the estimate will be: '
$259,200
$80 = 3,240 linear feet of pipeline.
2. All Bid Items Except Pipeline. The amount paid under these items will be based
on the estimated value of the completed work at the time of the estimate.
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3. Estimate of Units. The estimate of units complete under each ilem will be
determined as set out above. In addition, the retainage in effect at the time the
estimate is prepared will be withheld
4. Payment. Payment will only be made for materials delivered and stored if said
material is stored in a secured storage area in the community where the work is
being performed. The Engineer will compute payment for materials stared by
taking an inventory of the material on hand and applying the values per unit as
shown on the invoices. Payment for all pipe material stored larger than 12 inches
in diameter shall be limited to the invoice price for no more than 5,000 linear feet.
Provided, however, should the Contractor choose to start a laying crew on each
end of the project, then payment for pipe material stored will be increased to
5,000 feet for each crew.
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END OF SECTION
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ADDENDUM NO. 1 408-2
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BEAVER WATER TREATMENT PLANT
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SPECIFICATIONS AND CONTRACT DOCUMENTS
CONTRACT SECTIONS I AND II
WATER TRANSMISSION LINE
FAYETTEVILLE, ARKANSAS
PLANS NO. Fy-192
JANUARY 1992
REVISED AUGUST 1992
McGOODWIN, WILLIAMS AND YATES, INC.
CONSULTING ENGINEERS
FAYETTEVILLE, ARKANSAS
0 1992 McGoodwin, Williams and Yates
TABLE OF CONTENTS
Section
Advertisement for Bids 1
Instructions to Bidders 2
State Wage Determination 4
Contract Section 1:
Bid
Contract
Performance Bond and Payment Bond
Contract Section II:
Bid
Contract
Performance Bond and Payment Bond
Standard General Conditions of the Construction Contract
Supplementary Conditions
TECHNICAL SPECIFICATIONS
Division 1
General Requirements
51
61
71
511
611
711
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8
Project Requirements 100
Testing 120
Schedules, Progress Meetings and Public Notice 140
Use of Explosives 150
Storage and Handling of Materials 160
Division 2
Sitework
Stone Riprap and Filter Fabric 265
Section
Division 4
Pipe and Pipe Laying
Clearing Rights of Way, Cutting and Repairing Fences 400
Surface Removal 401
Classification of Excavation for Construction of Water Lines 402
Water Pipe - General 406
Partial Payment Estimate for Water Line Construction 408
Ductile Iron Pipe and Ductile Iron Pipe Fittings for Water Lines 411
Polyethylene Encasement 413
Concrete -Lined Prestressed Concrete Pressure Pipe and
Fittings for Water Lines (Contract Section I Only) 414
Surge Tank - 36 Inch Connection at Station 190+00 415
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
Air Release and Vacuum Valve Assemblies 475
Pipeline Cleanup and Seeding 487
Arkansas State Highway Crossings and Access Road Crossings 490
Street and County Road Crossings 491
Concrete Encased Water Lines at Stream and Creek Crossings 493
Driving Surface Repair 495
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, pursuant to an order of the Board of Directors of the City of
Fayetteville, Arkansas, sealed bids will be received at Room 111, City Hall, 113 West
Mountain Street, Fayetteville, Arkansas, until 2:00 p.m. on September 24, 1992, for
furnishing all tools, materials and labor and performing the necessary work for
construction of Water Transmission Line - Beaver Water Treatment Plant to Fayetteville.
At this time the bids received will be publicly opened and read aloud in Room 111 of City
Hall. The work generally consists of:
BID NO. 92-15
Contract Section I: The installation of approximately 51,000
linear feet of 36 inch or 42 inch diameter treated water
pipeline with associated valves, fittings and appurtenances,
and all items set out in the Plans and Specifications for a
complete installation.
Contract Section II: The installation of approximately 9,000
linear feet of 36 inch diameter ductile iron treated water
pipeline with associated valves, fittings and appurtenances,
and all items set out in the Plans and Specifications for a
complete installation.
PROJECT NO. 91-5903
Plans and specifications are on file and may be examined at the office of the Public
Works Department, City of Fayetteville, 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
request and upon the payment of $75.00 for plans and $75 00 for specifications, a total
of $150.00, 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 not be removed from the remainder of the Specifications and Contract
Documents. All bids shall be sealed and the envelopes addressed to the Owner, City
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of Fayetteville, Room 111, City Hall, 113 West Mountain Street, Fayetteville, Arkansas
72701. All bids shall be plainly marked on the outside of the envelope specifying that it
is a bid for Water Transmission Line - Beaver Water Treatment Plant to Fayetteville, the
time for opening of bids, and the name and current contractor's license number of the
bidder. Bidder shall also state whether bid is for Contract Section I or Contract Section II
or both Contract Sections I and II.
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 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 3rd day of September 1992
/s/ Peggy Hates
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 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 additional information he desires.
1) Name of Bidder.
2) Permanent main office address.
3) When organized.
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?
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Instructions
to Bidders
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) Ust the more Important projects recently completed by your company, stating the
approximate cost for each, and the month and year completed.
11) Ust your major equipment available for this contract.
12) Experience In construction 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 fumish any other
Information that may be required by the Owner?
Dated at this
of ,19
Name of Organization:
State of
County of
day
By
Titie
being duly sworn deposes and says
that he (she) is the of
Contractor(s), and that
answers to the foregoing questions and all statements therein contained are true and
correct
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Subscribed and swom before me this day of
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Instructions
to Bidders
Notary Public
My commission expires
(Seal)
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 and data
furnished to Owner and Engineer by owners of such Underground Facilities or others,
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Instructions
to Bidders
and Owner does not assume responsibility for the accuracy or completeness thereof
unless it la expressly provided otherwise in the Supplementary Conditions.
4.4 Provisions conceming 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 fumishing 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 formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
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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 offive 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 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 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 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.
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Instructions
to Bidders
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 seat 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 panted 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 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 place where Bids are to
be 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.
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Instructions
to Bidders
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 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, 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.
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Instructions
to Bidders
17. CONTRACT SECURITY. Paragraph 5.1 of the General Condylions 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 try 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 it 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.
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.
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Instructions
to Bidders
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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