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HomeMy WebLinkAbout124-95 RESOLUTIONRESOLUTION NO. 124-95
A RESOLUTION AWARDING BID NO. 95-55 1N THE
AMOUNT OF $93,465.20. PLUS A 10% CONTINGENCY
AMOUNT OF $9,346.52, 1'O FAYETTE TREE AND TRENCH
FOR WATER LINE IMPROVEMENTS FOR SHERYL
AVENUE, GLENN LANE AND BONNIE LANE, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONSTRUCTION CONTRACT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The Council hereby awards Bid No. 95-55 and the Mayor and City Clerk
are authorized to execute a construction contract in the amount of $93,465.20, plus a 10%
contingency amount of S9,346.52, to Fayette Tree and Trench for water line improvements for
Sheryl Avenue, Glenn Lane and Bonnie Lane. A copy of the contract is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 3rd day of October 1995.
ATI'ES I':
By: 11 i .. c
Traci Paul, City Clerk
APPROV
red Hanna, Mayor
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STAFF REVIEW FORM
AGENDA REQUEST
CONTRACT REVIEW (change order)
GRANT REVIEW
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For the Fayetteville City Council meeting of N/A
FROM:
Jim Beavers Engineering Public Works
Name Division Department
ACTION REQUIRED: Mayor's review and approval of change order no. 1 to add
street repairs into the water line replacement project. Approval of a
budget adjustment in the amount of $7,814.72.
COST TO CITY:
$12,375.00
Cost of this Request
Account Number
95038-0020
Project Number
$108,340..00
Category/Project Budget
$103,779.72
Funds Used To Date
$4.560.28
Remaining Balance
Rolling Hills WL
Category/Project Name
Water Mains
Program Name
p
Ceter �cAled
Fund
BUD ET REVIEW:
Budget Joord nate
x Budgeted Item
x Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
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Acco
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Manager
City At..rrey
1-
�T a i
Purchasing Officer
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GRANTING AGENCY:
Date )DA Coordinator 1
�xm 6C1Li
Date In ernal
Date
Auditcr
Date
Date
STAFF COMMENDATION:
a d j tren
t
Division Head
Department Director
Admir.istratjve Se vices
Mayor
Approval of the proposed change order and budget
7/-28-157-
Date
/-z815'Date Cross Reference
Date
Director Date
42/
Date
New Item: Yes No
Prev Ord/Res 0: 124-95
Orig Contract Date: 03 Oct 95
FAYETT�,�'I I1I,I��
THE CITY OF FAYETTEVILLE ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Nevin Crosson, Public Works Director
Charles Venable, Asst. PW Director
Don Bunn, City Engineer /,(
and Agenda Review Commite (%ee cover sheet)
From: Jim Beavers, Engineering`
Date: 16 Nov 95
Re: Proposed change order no. 1 to the construction contract
for
water line replacements - Rolling Hills area.
1. Project Description.
The water line replacements for Sheryl Avenue (Oaks Manor to
Rolling Hills), Glenn Lane and Bonnie Lane were approved by the
City Council October 3, 1995. The Council approved a
construction contract with Fayette Tree and Trench in the amount
of $93,465.20 and a project contingency of $9,346.52 (10%)
(planned for probable variations in estimated quantities).
2. Proposed change order.
Intentionally, the contract did not contain street repairs. My
design was based upon the City performing all street repairs as a
potential cost savings. However, due to the fall/winter season
it is unwise to leave the gravel surfaced trenches for more than
a few days - the trenches develop ruts and potholes and are
unacceptable. In retrospect, I should have included the cold
mix repair in the original contract. The cold mix repair should
last until the Street Departments planned overlays.
Therefore change order no. 1 is proposed to add into the contract
a cold mix street repair of 1 1/2 inches in thickness. The
proposed price of the street repair is $2.75 per square yard
complete in place. The estimated quantity is 4,500 SY for a
total estimated cost of $12,375.00.
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3. Project budget.
The total approved budget is $108,340.00. Health Department
fees, reproduction and advertising expenses have been 968.00.
The Council approved contract is $93,465.20 and approved
contingency is $9,346.52 (10%) for a total of $102,811.72.
Therefore a budget adjustment is needed in the amount of
$7,814.72. ($108,340.00 - ($103,779.72 + $12,375.00)).
4. Action requested.
Approval of the budget Adjustment. Mayor's approval and
execution of the enclosed change order no. one.
After the Mayor has executed the change order, please have the
City Clerk return three of the four originals to Engineering.
encls:
1. Four originals - change order number one.
2. Copy of resolution 124-95.
Budge Year
cfty *1Fayettevtflte. Arkansas
BudgetAdinstment Form
Department: -VAOtt. jStu5en
Division: CAO fr4(. 1.04re94. M44,33
Program:
Project or Item Requested•01.
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D to Re uested
1349 5
Adjustment #
tos e4 Lin e �&4}a Mt
Ada , G (EA) taiaas..,eP at3utte L> e.
Justification of this Increase:
itct
µedlcouztroll
Projector Item Deleted:
Ate 1-/AcCrzta
Ibt-t eSA- to u4s cos
Justification of thistin rease:
O u{ C
coed; b--ate--ca.. (14.1 -49 -
mai
-R1 -Lai Jilt ,ce$t. cczi siteJs '(°C 4.4 .c.eit41
Account Name Amount
Increase
Account Name Amount
Account Number Project Number
s400 Shoo Spt gef_ %D•st
)Decrease
tomes Ude Eiptoct5 lit (_C
AccountNuntber Project Number
Pp
Signatures
Req
sted
u t
ordinator
Department Director
Admin. Services Dir
Mayor
//-3a"f
1113r 4s
Alto—ta../SA
i '1i4 -
inudgeteifite Use Only
Types A B dL
Date of Approval
Posted to General Ledger
Entered ifl ategory thg
E F
Budget Office Copy
RESOLUTION NO. 124-95
A RESOLUTION AWARDING BID NO. 95-55 IN THE
AMOLNI- OF $93,465.20, PLUS A 10% CONTINGENCY
AMOUNT OF $9,346.52. TO FAYETTE TREE AND TRENCH
FOR WATER LINE IMPROVEMENTS FOR SHERYL
AVENUE, GLENN LANE AND BONNIE LANE, AND
AUTHORIZING FHE MAYOR AND CITY CLERK TO
EXECUTE A CONSTRUCTION CONTRACT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The Council hereby awards Bid No. 95-55 and the Mayor and City Clerk
are authorized to execute a construction contract in the amount of $93,465.20, plus a 10%
contingency amount of $9,346.52, to Fayette Tree and Trench for water line improvements for
Sheryl Avenue, Glenn Lane and Bonnie Lane. A copy of the contract is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 3rd day of October , 1995.
ATTEST; _
;.`ll / �tU.l
By: i ct
Traci Paul, City Clerk
APPROV
Bv. /.ice ✓%U✓IrIK�
red Hanna, Mayor
CHANGE ORDER
(Inatruct ons on IeL'er>e side) No. 1 (One)._
pROJI'.0 T Waterline Repl acement - Sheryl , Glenn, &
Bonnie Lane, 95-96
DATE OF ISSUANCE EFFECTIVE DATE
OWNER
y of Fayetteville
OWNER'S Contract No.
Resolution. 124-95
CONTRACTOR .='aygtte. Tref.. rr..T; elrch ENGIN1EER... i.ty..c.f.. = ay.e.t-.tpvine............
You are directed to make the following changes in the Contract Documents.
Descnption: 11 inch thickness cold mix asphalt street repair, 4500 sy 3 $2.75sy.
Reason for Cha::ge Orde
oro:-tted from original contract
Attachments• (List documents supporting change) None
CHANGE IN C ONTR \C.T PRICE:
Ong:r.al Contract P:ce
s 93,465.20
CHANGE ]N CONIRAC. 1 IMES:
O gmal Contra:: T;tnes
Sd^-ta9'I it Comple'Ion Jan. E, 1990
Ready for Fra' par mcrt•
Net change,' from previous Change :in el s Ne. to No—
Kiel change frorr n-ev:eus Change Orde-' No — Vo
Cava
Con:ract Pnce r no- to this Change Oder
s 93,465.2C
Conti act Times prior to th.s Change Order
Jar:. 8, 1996
Suhslant al ( on^.:et or
Ready for final payment
Jan or Jars
Ne: lncrea'e (deer -ewe) of this Charge Order Net increa-e (decrease) of this Charge Older
$ 12,375.00 Zero
day.
Cor.trac' P'-ce with as approved Change O -der -
5105,840.20
Contract T roes with a'I approved Change Orders
Suhetanlial Co-npleho t ,IBS P, 1 9 9 6
Rind% for fira payment
dat s o- da e.
REC X)MMENDED: APPROVED/ ACCEPTED
6 � P( — PI.
By 13y: LL y.� I. ‘1°.
E+®Me I/Wnor -N Signai.nc• - — ny,e�,Aunoncg s $S p s t. JJCe^Vur.:or 1Adihri
Da:c. /6 I ii■ 9 Da:e: Ie'Z/.s/?J 1j2 Lae— Dare. F f % ,i
E.'CI)C No. 1910 -S -B (1990 Edition)
Prerared by the Fngtnecrs Joint C,:n:ract Dccumets Committee and endo-ced by The Assocta'ed General Cort -actors of Anenca.
CHANGE ORDER
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract
Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into
a subsequent Change Order if they affect Contract Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The
practice of accumulating change order items to reduce the administrative burden may lead to unnecessary
disputes.
If Milestones have been listed any effect of a Change Order thereon should be addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times,
a Field Order may be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer initiates the form, including a description of the changes involved and attachments based upon
documents and proposals submitted by Contractor, or requests from Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After
approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of
executed copies after approval by Owner.
If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not
apply.
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C� r CierX i
DETAILED SPECIFICATIONS
AND
CONTRACT DOCUMENTS
WATER SYSTEM IMPROVEMENTS
WATER LINE REPLACEMENTS
SHERYL AVE. (OAKS MANOR TO ROLLING HILLS),
GLENN LANE and BONNIE LANE
BID NO. 95-55
CITY OF FAYETTEVILLE, ARKANSAS
AUGUST 1995
CITY OF FAYETTEVILLE ENGINEERING DIVISION
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DETAILED SPECIFICATIONS
AND
CONTRACT DOCUMENTS
WATER SYSTEM IMPROVEMENTS
WATER LINE REPLACEMENTS
SHERYL AVE. (OAKS MANOR TO ROLLING HILLS),
GLENN LANE and BONNIE LANE
BID NO. 95-55
CITY OF FAYETTEVILLE, ARKANSAS
AUGUST 1995
CITY OF FAYETTEVILLE ENGINEERLNG DIVISION
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TABLE OF CONTENTS
:tem
Pages
Advertisement for bids 1-2
Instructions to bidders 1-8
State Wage Determination 1-4
Bid Proposal 1-5
Statement of Bidder's Qua=:fications 1
Contract Agreement 1-3
Performance Bcrd 1-2
Payment Bond 1-2
General Conditions 1-42
Supplement to the General Conditions 1-5
Detailed Technical Specifications
Section 10C
Section 110
Section 120
Section 140
Section 300
Section 310
Section 400
Section 401
Section 406
Section 411
Section 412
Section 413
Section 414
Section 450
Section 461
General Project req-irements
Measurement and Payment
Testing
Schedules, Progress Meetings,
Public Notice
Crushed Stone Base Course
Pipe Bedding Material
Clearing Rights of way, Cutting
and repairing fences
Surface Removal
Pipe for water lines - General
D::ctile iron pipe and ductile iron
pipe fittings for water lines 1-6
Polyvinyl chloride (PVC) pipe and
fittings for water lines 1-6
Polyethylene encasement 1
Pipe detection tape 1
Gate valves and butterfly valves 4
Placing pipe protection cover and
compacted backfill sewer and water 1-3
Section 462
Section 472
Section 467
Section 502
Section 611
Flushing, hydrostatic testing, disinfection
and dynamic testing of water lines 1-2
Fire hydrants 1-2
Pipeline cleanup and seeding 1-3
Concrete 1-2
Pipe underdrains (a.k.a. "French drains"). 1
Appendix A - OSHA Safety requirements for excavation 218-256
Appendix B - Example schedule
1 - 4
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ADVERTISEMENT FOR BIDS
Water System improvements
Water Line Replacements
Sheryl Ave. (Oaks Manor to Rolling Hills),
Glenn Lane and Bonnie Lane
Bid Number 95-55
City of Fayetteville, Arkansas
Sealed bids for the construction of water system improvements for Sheryl Ave
(Oaks Manor to Rolling Hills), Glenn Lane, Bonnie Lane and additional
appurtenances, Fayetteville, Arkansas, 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 1:30
p.m. local time on Wednesday, Septemoer 6, 1995, and then at said office publicly
opened and read aloud.
The proposed Work generally consists of water line construction including
pipeline, fittings and valves, service connections and fire hydrants in
accordance with the contract documents. The attention of all Bidders is called
to the requirements of the specifications that work generally be limited to the
paved surface of the streets. Additionally, no area of the street or City right-
of-way can be used for general material storage or other uses by the contractor,
refer to the contract specifications for detailed requirements. A minimum of
one lane of traffic shall be maintained at all times. The attention of all
Bidders is called to the fact that street repairs are not included in this
contract and will be made by the City. The contractor shall backfill the trench
in accordance with the plans and specifications but will not be responsible for
street repairs except for damage beyond the limits of construction.
The Contract Documents, consisting of the Advertisement for Bids, Instruction to
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 for the investigation, inspection, and
studies of the protect site as deemed necessary to familiarize themselves with
all conditions encountered. Each contractor shall be responsible to read and
comply with the Instructicn.s to 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 bid. Said pond 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 snall retain said check or bond as liquidated
damages.
Bide shall be made on the official bid sheets contained in the specifications,
and such bid sheets shall not De 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 306, 113 West Mountain Street, Fayetteville, Arkansas
727C1, and clearly marked on the lower left side of the bid envelope shall be the
following information: The Bid number, The project name/title, the date of the
bid opening, the time of the hid 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 to be in the best interest of the City of
Fayetteville.
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INSTRUCTIONS FOR BIDDERS:
1. Defined Terms. Terms used in these Instructions to Bidders which are
defined in the Standard General 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 tc the
Owner, as distinct frcm 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 of the Bidding Documents. Complete sets of the Bidding Documents
in the number and amount, in any, stated in the Advertisement to Invitation to
Bid may be obtained 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 from the use of incomplete sets of Bidding
Documents.
Owner and Engineer in making ccpies cf 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. Oualifications cf 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 cf 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. :t 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 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 may
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 :n 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 others, 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 on subsurface conditions, Underground
Facilities and other physical conditions, and possible changes in the Ccntract
Documents due to differing site conditions appear in Article 4 of the General
Conditions 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 conditions of the Contract
Documents.
4.5 Upon request in advance, the Owner will provide each Bidder access to the
site to conduct any 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 questions and clarifications for this specific
project is Jim Beavers, P.E., City Engineer (501) 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.
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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 Nctice
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 nct 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 fcrth in the Bid Proposal, Contract Agreement and
Technical Specification 100 - General Project Requirements.
8. Liquidated Damages.
Provisions for liquidated damages, if any, are set forth in the Bid Proposal
and/or the Contract Agreement.
9. Substitute cr "Cr -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 "cr-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 for possible
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 is set forth in Article 6.7 of the General
Conditions and any associated Supplementary Conditions.
:0. 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 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 his 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.
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11.3 Bids 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 regarding the Bid
must be shown.
12. Submission of Bids.
Bids shall be submitted 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 time 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.
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15. Bids to remain subiect to acceptance.
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 ir. the Bid
Proposal or Contract Documents.
16. Award of Contract.
16.1 Owner reserves the right tc reject any and all Bids, to waive any and
all informalities not 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 not be in the best interest of the Project or
Owner to make award to that Bidder, whether because the Bid is not responsive
cr 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 ir. favor of the correct sum.
16.2 In evaluating the Bids, Owner 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 cr prior tc Notice of Award.
16.3 Owner may consider the qualifications and experience of the
subcontractors, si.ppliers 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
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 prior to the Notice of Award.
16.4 Owner may conduct such investigations as Owner deems necessary tc 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 Dccuments 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, 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 6C 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.
17. Contract Security.
Article 5 of the General Conditions, and the associated Supplementary
Conditions set forth the 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 Contract Documents attached. Within 15 days thereafter,
Contractor shall sign, execute and deliver the required number of counterparts
of the Agreement and attached documents to the Owner with the required Bonds.
Within ten (10) days thereafter Owner shall deliver one fully signed and
executed to Contractor.
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."
Bidder who submit Bids in excess of $20,000.00 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 and
Regulations governing labor. The Contractor shall further agree to hold and
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 the basic rates as established by common
usage in the city and adjacent community for the various types of labor and
skills performed. In cases where wage rate determinations are specified in
the Contract Documents, the rates as specified shall be the minimum rates
which apply to the Project. Whenever available, the Contractor shall make use
of local common and/or skilled labor as is practical.
The Contractor and each subcontractor, where the amount exceeds $75,000.00
shall comply with the provisions of Act 74, as amended by Act 275 of 1969
(Arkansas 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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