The URL can be used to link to this page

Home My WebLink About133-94 RESOLUTION• • RESOLUTION NO. 133 — 94 A RESOI,L'1'ION AWARDING BID NO. 94-87 AND AUTHORIZING 1'HE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT IN THE AMOUNT OF $20,180.00, PLIJS A CONTINGENCY OF $2,500.00 TO SWEL'TSER CONSTRUCTION FOR DRAINAGE STRUCTURE IMPROVEMENTS AT EAST LAKESIDE DRIVE, AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $22,680.00. • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ,Section I. That the Council hereby awards Bid No. 94-87 and authorizing the mayor and city Berk to execute a contract in the amount of $20,180.00, plus a contingency of S2,500.00 to Sweetser Construction for drainage structure improvements at East Lakeside Drive. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment in the amount of $22,680.00 by decreasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 90005 to increase Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 94077. A copy of the budget adjustment is attached hereto and made a part hereof PASSED AND APPROVED this 7th day of December , 1994. AflEST; /kpp__ at . id] By: Traci Paul, City Clerk APPROVED: By: i• Fred Hanna. Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1994 Department: Sales Tax Construction Division: Program: Date Requested December 6. 1994 Adjustment k Project or Item Requested: Fundmg is requested for drainage improvements :o Last Lakeside Drive. Projec or ltem Deleted: None Justification for the Increase: The project was added by the City Council Street Committee during a February :994 meeting. The project replace a faded retaining wall and provide for erosion control and drainage improvements along East Lakeside Drve. Justification of this Decrease: Savmgs from the Mill Street Extension Project will be utilized. Increase Account Name Amount Street Improvements Account Name Street Improvements Account Number Project Number 22.680 4473 9470 Amount 5809 00 Decrease Account Number 22.680 4470 9470 5809 00 9407/ Project Number 90005 Approval Signatures /7 — y¢ I i --(e0 ��- ` iJ4 IFg-- I Admi.-i. 55 ccees DS cglor Mayo Budget Office Use Only Type: A BCD Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy STAFF REVIEW FORM _ AGENDA REQUEST x CONTRACT REVIEW (Change order) GRANT REVIEW For the Fayetteville City Council meeting of N/A - Mayor's approval FRflM • Jim Beavers Engineering Name Division ACTION REQUIRED: Mayor's approval and execution of the attached supplemental agreement no. 1 with Sweeter Construction. Public Works Department mow Tn OTTY• $1,435.00 Cost of this Request 4470-9470-5809 Account Number 94077-0020 S22,680.00 Drainage Imps. Category/Project Budget Category/Project Name $20.180.00 Funds Used To Date Program Name $2.500.00 Sales Tax Consrt. Project Number Remaining Balance *Fund BUDGET REVIEW: \ c& Budge.. Coordinator x Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: • ;.i (.4/2)Lcount �f�' M GRANTING AGENCY: 4lC1rfL :�i_ Ac g afiager H Date Ci_itlyy, Attorney Purchasing Officer ADA Coordinator • • • I 1 r T 1 ,, I.l Date Intgrnal Auditor Date C/ Date / Date STAFF RECOMMENDATION: Mayor.proval and e Di4i ion. Head t Cep ment Director Administrative ecution of the change order and budget adjustment. rvices Director Mayor Date JY, Rl� Date 44 /w Date Date Cross Reference New Item: Yes Prev Ord/Res $: X33- 94 IS Dec.9`i' Orig Contract Date: FAYETTEVIIILE THE CIE' OF EAYErEVILLE ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Kevin Crosson, Public Works Directo Charles Venable, Asst. PW Dirtgctor Don Bunn, City Engineer From: Jim Beavers, Engineering6 Date: 30 March 95 Re: Proposed change order to the construction contract for the East Lakeside Drainage Improvements. • 1. Project. The drainage and retaining wall project on East Lakeside drive was awarded to Sweetser Construction in the estimated amount of $20,180.00 at the December 6th Council Meeting. The Notice to Proceed was delayed for the holidays and winter weather until 13 Feb 95. The contractor is progressing and should complete the project by mid-April. 2. Change order request. The proposed change order contains two additional items of work: (1) The existing 48 inch drainage pipe under East Lakeside Drive is in need of spot repairs. Currently, the pipe leaks excessively and drainage flows under the pipe. The proposed additional work is to grout the repair areas inside the pipe. The additional cost is $750.00. (2) The drainage structure under construction has 8 feet of handrail. Looking at the final structure height, I believe it is necessary to add an additional 4 feet of handrail on each side (a total of 8 additional feet). The additional cost of the shop fabricated 8 feet of handrail is $685.00. The total increase in price is $1,435.00. The contract price is thus revised from $20,180.00 to $21,615.00. 3. Budget: The East Lakeside Drainage project has a Council approved contingency of $2,500.00, for a total Council approved budget of $22,680.00. 4. Action requested. Mayor's approval and execution of the attached change order (supplemental agreement) no. 1. Enc 1. Three signed original change orders. M ii ld i'+— Y ▪ W 1 1, 1 I I ,i . JEPR17 17 SWEE7'SER,'FNC. -.11.11. co>i RA in QHsl • L[••l:Yssn • INSmom • P _ 11 1 • 3'M 0.1_,: a 11 11I. PAS l:I'I'I•PI7 lit .\'. 7270a. • . ' • , .. 1'!'I .''1 I,er• 1:.} .1 1.13241011 1 : 1 5' 1 March 19, 1995 t '' Jim Beavers, F.E. . 4-4 DD City of Fayetteville] ; 113 W. Mountain Fayetteville, AR 72_7{1 RE: 3ianse.order prt es for 9reina;p at 818 Rept Laces/di) Driver 7 1. Jia, it i9 cur'o:inicn that the pipe .an b1'. repaired by removing scaled areas ani eroatin6. The pipe will always he*e the patt_led look {inside), but this shhcr.ld kuelp prevent ator watem frcm under- rlinin8 the pipe a<:y fur,liyl. lie believe this can be accomplished in 2.5 deys with' o:xq man. i Labor + material + overhead. + profit ; $750.00 • 2. chid two t' extensicis to Ire.I.irail. (shed') f&tticated) to Hatch propcsed, slope: 'pentad. to meet epees. Labor + material e o;e boai + pl.ofi: - $685.00 t I 4 . t• William G. Sweetscr . • J e 1 • • Mlah— x3- 1'3°3'i 1'• ; : P. fll Modification of Construction Contract page 1 of 1 Project: East Lakeside Drive Drainage Improvements Project no. 94077-0020 Supplemental Agreement No. 1 Contractor: Jerry D. Sweetser, Inc. 590 West Poplar Fayetteville, Arkansas 72703 Description of Modification/Scope of Work Add to the existing construction contract, dated 15 December 1994, all work necessary for the following additional work: (1) Repair the interior of the existing 48 inch drainage pipe under East Lakeside Drive. Additional cost = $750.00. Additional time = 2.5 days. (2) Add two - four feet sections of shop fabricated handrail. Additional cost = $685.00. Additional time = zero. Total increase in price = $1,435.00. Total increase in time = 2.5 days. Previous contract amount = $20,180.00. Revised contract amount = $21,615.00. Except as specifically provided above, all terms and conditions of the contract dated 15 December 1994 shall remain in full force and effect. Name and title of sinners: Jerry D. r eetser, Inc. �[ Fre Hanna Mayor, City of Fayetteville date signed date signed • Modification of Construction Contract page 1 of 1 Project: East Lakeside Drive Drainage Improvements Project no. 94077-0020 Supplemental Agreement No. Contractor: 2 Sweetser Construction 590 West Poplar Fayetteville, Arkansas 72703 Description of Modification/Scope of Work Contract amendment to reconcile the unit the final pay estimate. quantity increases for Add to the existing construction contract, dated 15 December 1994, changes in the final units at the existing contract prices for all work necessary for the following additional work: Item 8. 9. Fence Hillside 10. Topsoil 11. Sod 14. Riprap change in unit - 40 if - 1.34 cy + 80 cy + 200 sy + 46.44 sy Original contract price Change order no. 1 unit price 7.00 15.00 10.00 3.50 28.00 $20,180.00. change in price -280.00 -20.10 800.00 700.00 1,300.32 total $2,500.22 $1,435.00 (handrail "B" and RCP interior repair) (reconcile quantities) Change order no. 2 $2,500.22 Final contract price $24,115.22 Except as specifically provided above, all terms and conditions of the contract dated 15 December 1994 shall remain in full force and effect. Name and title of signers: Don Bunn, P.E. City Engineer, City of Fayetteville date signed 9S r date signed 6///y/i • • TO. JOB NUMBER: • • CITY OF FAYETTEVILLE 113 W MOUNTAIN FAYETTEVILLE AR 72701 5155 :TEM COST NUMBER CODE DESCRIPT:ON C1 02020 CLEARING & GRUBBING 02 C2060 GRADING & EXCAVATION 03 02010 R/D CONCRETE WALLS 04 05170 48" RCP WITH CONNECTIONS 04 05170 48" RCP REPAIR TO OUTSIDE 05 06070 DRAINAGE OUTLET STR.,CTURE 06 06810 ALUMINUM GRATING 07 06832 HANDRAIL "8" 07 C6832 HANDRAIL "B" ADDITIONAL 08 02822 48" CHAIN LINK FENCE 09 02050 HILLSIDE 10 02048 TOPSOIL 11 02088 SOLID SOD 12 02210 JERRY D. SWEETSER, INC. GENERAL CONTRACTORS - LICENSED - INSURED 590 WEST POPLAR - FAYETTEVILLE, ARKANSAS, 72703 UOM EA EA EA EA EA EA EA EA EA LF CY CY SY WASHED GRAVEL IN PLACE AROUND EA STRUCTURE 13 02210 CRUSHED STONE BASE UNDER STRUC EA TURE 14 0207' RIP RAP WITH FILTER CLOTH 15 02213 TRENCH & EXCAVATION SAFETY TOTALS RETAINAGE BOND PREMIUM PREVIOUS PAYMENTS-> AMOUNT DUE PAGE: 1 OA'E: 05/16/95 ES':MATE PERIOD: 04/01/95 TMRU 04/30/95 PROJECT: CITY OF FAY - EAST LAKESIDE DR C3N'RACT UNIT QuANTITY PRICE 1.00 950.30 1.00 1,200.00 1.30 900.00 '.00 300.00 1.00 750.00 1.00 7,200.00 1.00 2,850.00 1.00 1.00 4C.00 44.00 80.03 250.00 1.30 625.00 685.00 7.00 15.00 10.00 3.50 500.00 1.00 400.00 SY 80.00 28.00 EA 1.00 400.00 SWEETS 'CONSTRUCTION CITY OF FAYETTEVILLE THIS ESTIMATE ---- -----TO DATE ESTIMATE ---- QUANTITY VALUE QUANTITY VALUE 1.00 450.00 15 1995 mai l6+ 1c c 4 750.00 1,575.00 2,325.00 ',00 950.00 1.00 1,200.CC 1.30 90C.00 1.00 3C0.00 1.00 750.00 1.00 7,200.00 1.00 2,850.00 1.00 625.00 1.00 685.00 42.66 160.30 450.00 1.00 639.90 1,600.00 1,575.00 500.00 1.00 400.00 126.44 1.00 3,540.32 400.00 24,115.22 24115.22 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBIT A DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS DRAINAGE IMPROVEMENTS EAST LAKESIDE DRIVE BID NO. 94-87 CITY OF FAYETTEVILLE, ARKANSAS OCTOBER 1994 CITY ENGINEERING DIVISION 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS DRAINAGE IMPROVEMENTS EAST LAKESIDE DRIVE BID NO. 94-87 CITY OF FAYETTEVILLE, ARKANSAS OCTOBER 1994 CITY ENGINEERING DIVISION 1 1 1 1 1 1 �1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Item pages Informational site photographs 1-2 Advertisement for bids Instructions to bidders State Wage Determination Bid Proposal Contract Agreement Performance Bond Payment Bond General Conditions Supplement to the General Conditions 1 1-8 N/A l-5 1-3 1-2 1-2 1-42 1-8 Detailed Technical Specifications Section 100 General Project requirements :-9 Secticr. 110 Measurement and Payment 1-2 Section 20: Site preparation 1-4 Section 202 Clearing and Grubbing 1-3 Section 203 Excavation and Embankment 1-7 Section 210 Subgrade preparation 1 Section 290 Site Restoration 1-4 Section 305 Crushed Stone Base Course 1-2 Section. 40: concrete 1-13 Section 701 Excavation, Trenching and Backfilling 1-5 Section 904 R_prap 1-3 Section 906 Handrail --d Section 1000 Aluminum Grating 1 Appendix A - OSHA Safety requirements for excavation 218-256 DRAINAGE IMPROVEMENTS EAST LAKESIDE DRIVE Photographs shown are for general information SHALL NOT rely on these photographs for any reasons Contractor shall make all necessary site visits and and required by the Contract Documents. BID NO. 94-87 only. The Contractor whatsoever. The investigations as needed page 1 cf 2 DRAINAGE IMPROVEMENTS EAST LAKESIDE DRIVE Photographs shown are for general information SHALL NOT rely on these photographs for any reasons Contractor shall make all necessary site visits and and required by the Contract Documents. BID NO. 94-87 only. The Contractor whatsoever. The investigations as needed Ora • 1i ,-4 al s •.$ in 1 •ci•• , L - 1. di's'i • •�•�a,`•' +1 ■ .• •;•►• i, 14 .. • .. • ti:0.11 •• - is T l w A• • r 4 ice' A . A .. . .• sE' 1aMIT• C vAe V Aft. iir 414 • • ap A page 2 o f 2 ADVERTISEMENT FOR BIDS Drainage improvements East Lakeside Drive Bid Number 94-87 City of Fayetteville, Arkansas Sealed bids for the construction of drainage improvements located between 818 and 734 East Lakeside Drive will be received by the City of Fayetteville, Arkansas, at the Purchasing Office, Room 306, City Administration. Building, 113 West Mountain Street, Fayetteville, Arkansas, 72701, until 11:30 a.m. local time on Monday, November :4. 1994, and then at said office publicly opened and read aloud. The proposed Work generally consists of removing a section of failed concrete retaining wall, construction of a concrete drainage structure (8 ft by 20 ft),rip-rap, soil fill and sod. The Contract Documents, consisting of the Advertisement fcr Bids, Instruction. tc Bidders, Bid Proposal, Contract, General Conditions, Supplementary Conditions, Payment Bond, Performance Bond, Drawings, Specifications, and Addenda, may be examined and obtained at the City of Fayetteville Engineering Office, Room 004, City Administration. Building, 113 West Mountain, Fayetteville, AR. Each contractor shall be responsible fcr the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves with all conditions encountered. Each contractor shall be responsible to read and comply with the Instructions tc Bidders as contained in the Contract Documents. Each bid must be accompanied by a cashier's check or surety bond in an amount of five percent (5%) of the total whole Did. Said bond shall be issued by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power-of-attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract General and Supplemental Conditions, the Owner shall retain said check cr bcnd as liquidated damages. Bids shall be made on 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 envelope addressed to the City of Fayetteville, Purchasing Office, Room 3C6, 113 West Mountain. Street, Fayetteville, Arkansas 72701, and clearly marked on the lower :eft side of the bid envelope shall be the following information: The Bid number, The project name/title, the date cf the bid opening, the time of the bid opening and the bidding contractor's name and license number. All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. No bidder may withdraw his bid within sixty (60) days after the actual date of the bid opening. The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities as deemed tc be in the best interest of the City of Fayetteville. INSTRUCTIONS FOR BIDDERS: 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Genera: Conditions of the Construction contract shall have the meanings assigned to them in the General and Supplementary Conditions. The term "Bidder" means one who submits a Bid directly to the Owner, as distinct from a sub -bidder who submits a bid to a Bidder. The term "Successful Bidder" shall mean 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 Proposal Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to the receipt of Bids). 2. Copies cf the Biddino Documents. Complete sets of the Bidding Documents in the number and amount, in any, stated in the Advertisement to Invitation tc Bid may be cbtained from the Engineer upon request. Complete sets of Bidding Documents must be used in preparing Bids; neither the Owner nor Engineer assumes any responsibility for error or misunderstandings resulting fror the use of incomplete sets of Bidding Documents. 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 ether use. 3. Oualifications of Bidders. When included with, and made a part of the Bid Proposal, the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal. The "Statement of Bidder's Qualifications" is required to demonstrate qualifications to perform the Work and will be used in evaluating all bids as a basis for award. 4. Examination of Contract Documents and Site. 4.1. It is the responsibility of eacn Bidder before submitting a Bid, to : (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local and specific conditions which may affect cost, progress, safety, performance or furnishing of the Work, (c) consider all Local, State and Federal Regulations and Laws which tray affect cost, progress, safety, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents and (e) notify Engineer of any and all conflicts, errors or discrepancies in the Contract Documents. 4.2 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 the Owner and Engineer by owners of such Underground Facilities or ethers, and Owner nor Engineer does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders cn subsurface conditions, Underground Facilities and other physical conditions, and possible changes in. the Contract 1 Documents due to differing site conditions appear in Article 4 of the General Conditons and any associated Supplementary Conditions. 4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional information, examinations, explorations, tests and studies which pertain to the physical conditions of the surface and subsurface at, or contiguous to the site or other wise which may affect cost, progress, safety, performance or furnishing of the Work and which the Bidder deems necessary to determine the Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditionsof the Contract Documents. 4.5 Upon request in advance, the Ownerwill provide each Bidder access to the site to conduct ant observations, explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall be required to fill in all holes and to restore all property to its former condition. 4.6 The lands upon the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained in advance by the Owner unless specifically noted otherwise in the Contract Documents. 4.7 The Bidder must satisfy themselves of the accuracy to the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and specifications including any Addenda. After bids have been submitted, the Bidder shall not assert that there was any misunderstanding concerning the quantities of Work or the nature of Work to be performed. 4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that Bidder has complied with every provision and requirement of this paragraph 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 the Work. 5. Interpretations and Addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions, and/or any information deemed necessary by the Owner or Engineer, will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Only questions answered and/or other information furnished by formal written Addenda will be binding. The Point of Contact for this project is Jim Beavers, P.E., 575-8206. 6. Bid security. Each Bid must be accompanied by Bid security made payable to the Owner in an amount od five percent (5%) of the Bidder's total 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 and included) issued by a surety meeting the requirements of the General and Supplementary Conditions. 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 the Owner believes to have a reasonable chance of receiving award may be retained by Owner until the earlier of the seventh day after the Effective Date of Agreement or the 61st day after the Bid opening, whereupon. the Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within 10 days of Bid opening. 7. Contract Time. The number 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 as set forth in the Bid Proposal and Technical Specification :00 - General Protect Requirements. 8. Liquidated Damaoes. Provisions for liquidated damages, if any, are set forth in the Bid Proposal. 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" iters. Substitute or "or - equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished cr used by the Contractor if acceptable to the Engineer. Application for acceptance for possible substitute or "cr-equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure fcr submission of any such application is set forth an Article 6.7 of the General Conditions and any associated Supplementary Conditions. 10. Subcontractors, suppliers and ctners. The Contractor shall not assign or sublet all or any pat of this Contract without the prior written approval of the owner and Engineer. Nor shall the Contractor allow any subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as required by the Contract Documents. The approval of each subcontract by the Owner will in no manner release the Contractor from any of hie obligations as set forth in the Contract Documents including the Plans, Specifications, Contract and Bond(s). 11. Bid Proposal Form. 11.1 All bids must be made on the required Bid Proposal form contained in the Bidding Documents. Additional copies may be requested from the Engineer. 11.2 All blank spaces for Bid prices must be filled in, in ink or type written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. 3 11:3 Bide by corporations must be executed in the corporate name by the president or 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 also be shown below the signature. 11.5 All names must be typed or clearly printed in ink below the signature. 11.6. The Bid shall contain an acknowledgement 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 must be shown. regarding the Bid 12. Submission of Bids. Bids shall be subr..itted at the time and place indicated int eh Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked in the lower left portion with the Project Title, Bid Number, Date of the bid opening, time of the bid opening, bidding contractor's name and license number. The Bid shall be accompanied with the Bid Security and other required forms and documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate sealed envelope wit the notation "Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. Modification and Withdrawal of Bids. Bids may be withdrawn or modified by an appropriate duly executed document (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any prior to the opening of Bids. • If, within 24 hours after the opening of Bids, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there is 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 shall be disqualified from further Bidding on the Work provided under the Contract Documents. 14. Opening of Bids. Bids will be opened and publicly read aloud at the time and location as specified in the advertisement of invitation for bids. A tabulation of the amounts of the Bids will be made available to the Bidders after preparation by the Engineer. 15. Bids to remain subject to acceptance. 4 All Bids shall remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, at its sole discretion, release any Bid and return the Bid security prior to that date. Additionally, if deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 16. Award of Contract. 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities nct involving price, time or changes to the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. The Owner further reserves the right to reject the Bid of any Bidder if the Owner believes that if would nct be in the best interest cf the Project or Owner to make award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability, or of doubtful past performance, or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in the 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 the Bids, Cwrer will consider the qualifications of Bidders, whether or not Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Proposal Form or prior to Notice of Award. 16.3 Owner may consider the qualifications nd experience of the subcontractors, suppliers and other persons and organizations proposed for those portions of the Work as tc which the identity of subcontractors, suppliers and other persons and organizations must be submitted as provided for in the Contract Documents. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of material and equipment proposed for incorporation in the Work when such data is required to be submitted prier to the Nctice cf 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 if Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the contract Cocuments to Owners satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible, qualified Bidder whose evaluation by Engineer indicates to Owner that the award will be in the best interests of the Project and Owner. 16.6 If the contract is tc be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the date of the Bid opening. If deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 6C days, with no changes in the Bid Proposal or Contract Documents. 5