HomeMy WebLinkAbout140-95 RESOLUTIONRESOLUTION NO. 140-95
A RESOLUTION AWARDING BID NO.95-71 IN THE
AMOUNT OF $189,595, WITH A 10% CONTINGENCY
AMOUNT OF $18,960, TO McCL1NTON-ANCHOR;
AUTHORIZING THE EXECUTION OF A CONSTRUCTION
CONTRACT IN SAID AMOUNT: AND APPROVAL, OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The Council hereby awards Bid No.95-71 in the amount of $189,595, with
a 10% contingency amount of $18,960, to McClinton -Anchor and authorizes the execution of
a construction contract in said amount. A copy of the contract and bid tabulations are attached
hereto and made a part hereof.
Section 2. The Council hereby approves a budget adjustment in the amount of
$208,600 increasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 95066 by
decreasing Use of Fund Balance, Acct. No. 4470 0947 4999 99. A copy of the budget
adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 21st day of November , 1995.
APPROVED:
41.4“/LG'Ltri,_
• Fred Hanna, Mayor
•
•
City of Fayetteville, Atattma
Budget Adjustmdnt Patm
Budget Year
1995
Department: Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
November 7, 1995
Adjustment #
roject or Item Requested: t.
unding is requested for the Rockclt'Th`ttive Reconstruction Project.
Project or Item Deleted
None. Use of Fund Balance is proposed for this adjustment.
ustification of this Increase:
ockclrff Drive needs to be reconstructed and involves removal
nd replacement of existing curb and gutter and asphalt and the
istallation of a French drain.
Justification of this Decrease:
Sufficient cash and investments exist to fund this request.
Increase
Account Name Amount Account Number Project Number
treetImprovements 208,600 4470 9470 5809 00 95066
Account Name
'se of Fund Balance
Decrease
Amount Account Number Project Number
208,600 4470 0947 4999 99
e
pproval Signatures
partment 'Director
1dmm.
ANOM
Budget Office Use Only
A BCD
Date of Approval
Posted to General Ledger
Entered in Category Log
Budget Office Copy
BID: 95-71
DATE: 11/01/95
TIME: 02:00 PM
DESCRIPTION: IMPROVEMENTS ROCKCLIFF ST.
NO. BIDDER
1 TOMLINSON CONSTRUCTION
2 JERRY SWEESTER INC
3 MCCLINTON ANCHOR
CERTIFIED BY:
PJRCHAS NG MANAGER
1
,<, Z -c -6z --a 7 , -
WITNESS
CITY OF FAYETTEVILLE
113 W MOUNTAIN ST
FAYETTEVILLE, AR
BASE
PROPOSAL
$203,416.50
$191,831.00
5189,595.00
l- '16
DETAILED SPECIFICATIONS
AND CONTRACT DOCUMENTS
ROCKCLIFF RE -CONSTRUCTION
BID NO. 95-71
OCTOBER, 1995
OPENING: OCTOBER 30th, 2:00, ROOM 326
CITY HALL, 113 WEST MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS
5
r-3 CERTIFICATE OF INSURANCE 'OOdfl00
THIS CERTIFICA'E IS ISSLED AS A MATER OF INCORMA'ICN ONLY AND CONFERS NO RIGHTS UDCN ...HE CERT FICATE
HOLDER. THIS CERT FICATE CCES NO' AMEND, EXTEND OR A.TER THE COVERAGE AFFORDED BY THE POLICIES L:STED
BELOW
NAME ANC ADDRESS OF AGENCY
United Service
Post Office Box
Lexington, Kentucky
Agency,
INC.
11765
-PED
DIVISION
Inc.
40577
72702
COMPANY COMPANIES AFFORDING COVERAGES
LErER
A INSURANCE COMPANY OF NORTH AMERICA
B
C
D
E
F
G
H
NAME ANC
APAC—ARKANSAS,
MCCLINTON—ANCHOR
P.O.
240
FAYETTEVILLE,
NORTH
ADDRESS
BOX 1367
OF INS
BLOCK
ARKANSAS
This Is a ce•tify that po cies of nsararee listed be:ow have been issued to he insured named above and are •r force at this time.
COMPANY
LETTEDATE
TYPE CF NSLRANCE
POLICY NUMBER
POLICY
EXPIRATION
Limits of Liability in Thousands LC OCI
EACH
OCCURRENCE
PCL CY
AGGREGATE
A
GENERA.
iXi COMPREHENSIVE
LABILITY
FORM
-OPERATIONS
Ori ANO COLLAPSE
HAZARD
MAZAP0
-UAL YS.RAYCE
ORM PROPERTY
COY'RA: OPS
N.JLR"
LAB 26607
12/01/95
1 PERSONAL INJL.PY 5
1 BO' VCLUDING
OILY IN.URY
PROPERTY OAMACE S
S
PREM SES
X EXPOS
aHAZARD
LYD EPOROUND
MPgO3JCT5/COMPLr
Lr_p_! OPEgATONS
1 PERSONA. IN.URV•
1134
OPEPTVrr JDAMAGE s 1,C00 s 1,000
1 COMBINED
J COY -RAC
aT DAMAGer
X. YCEPENOEN
'XI PERSONA,
A
AUTOMOB
Eg COMPRE-EVS
LE LIABIL TV
vE FORM
LAB 26607 12/01/95
BODILY 1N.URv $
ODIL P EPSOM
BODILY IN-URm $
;EACH OCCURENCE)
lX. OWNED
X FIRED
'PROPERTY DAMAGE S
,900 LY INJJRY AND
'PROPERTY DAMAGE
COMBINED S 1,000
XNCN-OWNED
EXCESS
LIABIL TY
;ORM
'FAN LMBPE:LA PCAM
BOO'LY IYJJRY ANC 5
PROPERTY DAMAGE
COMBINED
S
SM9RE.,A
I OVER
WORKERS' COMPENSATION
and
EMPLOYERS' .LIABILITY
QUALIFIED
INSURERS
SEE
ATTACHED
SELF
STATUTORY
05/01/96
-
S 1,000
(EACH ACCIDENT)
5
S
S
S
DESCR P1•,0Y
ROCKCLIFF
CP OPERA' ONSI.00ATICNSIVEHIC.ES
RE -CONSTRUCTION
BID NUMBER 95-71
CANCELLATION SHOULD
EXPIRATION
WRITTEN
NOTICE
SHALL
OF
NOTICE
ANY
DATE
OF
THEREOF,
TO
IMPOSE
THE
THE
ABOVE
THE
BELOW
NO OBLIGATION
DESCRIBED
ISSUING
NAMED
CERTIFICATE
OR
POLICIES
COMPANY
LIABILITY
BE
WILL
HOLDER,
OF
ISSUED'DECEMBER
.041,..4...e....
CANCELLED
ENDEAVOR
ANY
BUT
KIND
BEFORE
TO MAIL
FAILURE
UPON
7, 1995
THE
30
TO
THE
DAYS
MAIL SUCH
COMPANY
NAME ANC ACDRESS
CI:'Y OF FAYETTEVILLE•
CITY ADMINISTRATIO
113 WEST MOUNTAIN
FAYETTEVIT.,F,
CERTIF CA -E HOLDEROATE
BUILDING
STREET
ARKANSAS 72701
•
dec:��
AJTHCP:ZED S GNATyRE
Form A-5 SID
(i)
(Certificate of ixttir.aritg (0.
(!)
_)
0 14
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:«,
(«),
,(!)
A Cc r c o r a t i o n having furnished this Commission a current financial statement !,
of its condition, from which it appears that unencumoered assets were on that date sufficient to meet re-
quirements of the Law relative to quaiifying as a self -insurer for workers' compensation purposes, and
having otherwise qualified for such privilege under the Arkarsas Workers' Compensation Law, is hereby
as a
Self -.insurer
urder
Arkansas Workers' Compensation Law
RENEWABLE
ANNUALLY
APAC-ARKANSAS, INC.
authorized to act as a self -insurer within the State for the year ending on the S t day of
`^. a y
196
9subject to the provisions and requirements of said Law.
(9;
i
9)
(3
111 1:1: ttnrss Mi: ijereaf we, the undersigned Commissioners of '«;
the Arkansas WorKers' Compensation Commission, have (!)
hereunto set cur hands and affixed the Commission seal (1)
this 28th day of April 19 95
(r);
,,:
(r);
P:ap
(!),
M
ffl
,
011
NIP
FORM OF ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS: That we APAC-AP 1NC.. NCCLINTON-ANCHOR
DIVISION
a(n) Cc7To aticn *, herein called "Principal"
and ',TRFV' ATJTCAT TNS'RPANGE CC'YPAN bf Boston, Massachusetts , hereinafter
called the "Surety", are held and firmly bound unto the City of
Fayetteville, Arkansas, hereinafter called " wner" in the sum of
$ QP Rjj liur 1 ' i-� Nine ]ha .ase 1-1.3 Ninth Five. m1cddlars ($189.595.00 )
in lawful money of the United Stated, for the payment of which sum
well and truly made, said principals and Surety bind themselves,
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the
Principal entered into a certain contract with the Owner for the
construction of A.ocKc1; ff Delve Pe -Construction
NOW, THEREFORE if the Principal shall well, truly and faithfully
perform its duties, all the undertakings, covenants, terms,
conditions, and agreements of said contract during the original
term thereof, and any extensions thereof which may be granted by
the Owner, with or without notice to the Surety, and if he shall
satisfy all claims and demands incurred under such contract, and
shall fully indemnify and save harmless the Owner from all costs
and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which
the Owner may incur in making good any default, and shall promptly
make payment to all persons, firms, subcontractors and corporations
furnishing material for or performing labor in the prosecution of
the work provided for in such Contract and any extension or
modification thereof, all amounts due for, but not limited to
materials, lubricants, oil, gasoline, repair on machinery,
equipment and tools consumed or used in connection with the work,
fuel oil, insurance, rentals on machinery; also for taxes or
payments due to the State of Arkansas or any political subdivision
thereof which shall have arisen on account of, or in connection
with, the wages earned by workmen covered by the bond; and for all
labor performed in such work whether by subcontractor or otherwise,
then this obligation shall be void, otherwise to remain in full
force and effect.
The Surety agrees that the terms of this bond shall cover the
payment by the principal of not less than the prevailing hourly
rate of wages as determined by the Arkansas Department of Labor or
U.S. Secretary of Labor, whichever is greater, to all workmen
performing work under the contract.
21
•
•
PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the contract or to the work
to be performed thereunder of the specifications accompanying the
same, shall in any wise affect it's obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
or alteration or addition to the terms of the contract as to the
work or to the specifications.
PROVIDED FURTHER, that
the contractor shall
hereunder, whose claim
IN WITNESS
counterparts,
day of
ATTEST:
WHEREOF,
each of
, 19
no final settlement between the Owner and
abridge the right of any beneficiary
may be unsatisfied.
this instrument is executed in six
which shall be deemed an original, this _
•
SECRETARY (PRINCIPAL)
(SEAL)
Vitt
WITNES
ATTEST:
S TO PRINCIPAL
WITNESS AS TO
ATTORNEY IN FAC't'
AFAC-ARKANSAS, ?TC., MCCLIN^_ON-Ai;CHCR
(PRI C PAL) T -VISION
Bv: /intai74 . &led VtcE'llt6SWENi
(TITLE)
P.O. BOX 1367
FAYETTEVILLE, AR 75 <_
(ADDRESS)
(SURETY)/
Py • C,c,,,Q.-9 Hesa;.r
Carla Sue Eo"=is,(ATTORNEY IN FACT)
P.O. Box 550
Little Rock, AR 72203
(ADDRESS)
Date of Bond must not be prior to Contract Date and must include:
1. Correct name of Contractor
2. Whether Corporation, Partnership, or Individual
3. Correct name of Surety and correct name of Owner
5. Execution of bond by all Partners, if Partnership
6. Execution by Arkansas Local Resident Agency for Surety
BOND MUST BE FILED WITH THE CIRCUIT COURT OF WASHINGTON COUNTY
22
l THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: Thal Liberty Mutual Insurance Company rine •'Comoa-y"1 a Massac9usetis
mut..a Insurance company. purs..a-t :c anc ny aJthcrity o' re Hy -law and Aut^o•za:un hereinafter set to -t. does -e•eby -ame.
ccns:r.uteand appcinl KNIGHT CASHION, BENSON A. CASHION, MATTHEW KNIGHT CASHION, JR., WILLIAM R.
PLEGGE, CARLA SUE HOLLIS, SHIRLEY STAIN, ALL OF THE CITY OF LITTLE ROCK, STATE OF ARKANSAS , , ,
east indrndua Iv if :here be more :han one named Its Ir..r arc 'awl,. attorney -In -tad: to make. execute seal acKncw edge and de ver. for rid, or is
as surety and as its ac: and deec ary and al ..^certa•<ngs bonds. •ecogn za^yes and other surety obligators ^ the Pena sum no: exceeping
TWENTY-F1YE MILLIONDCl LAPS IS 25,000,000 copal. and 'he execution of such ponds o
•
rcerta•engs In pursuance of these preserts. she I be as :Hiding .icor the Company as .1 they rad been duly signed by the pres dent a .. attested `Nye
the secretary o' :he Ccnoa^y n tale r own crepe- rersc'•s
p That :1-•s tamer's Wade and exacted pu scan .o a u by aut „r t, ..f the lcllowry By- aw a^d Aul -or zany
a
e Aril CLE XVI - Fxea..uc^ o+ Contracts 7 Su
Sec t cr •ey Bonds am: Unde'a.rngs
tie
o::
C l0
TO 0
N ace_ to
a
c C By 3..mal
in" Ass s:a c.aiL
O ._
E�;
.1(11
Any of ref of cthee o+' coal of "he ffu•npany aut^o• zea Mr 'tat purpose n wMing by the crairna' o- the pesiden:. and s.rlect L. such
I n la'lors as tna c^a rna^ t:r the p•es'de^t may presc:•Ipe shal appoln' s..:r' atlorreys r -'act as nay ::e ^ecessary to ac: in be' -all of the
company to make. execute sea.. acknowledge a••c do Wier as surely any and all unde':akings, be^cs receg" izances and other surety
cc Iga+Ions Such attorneys- n fac' sunlec' to :he Irncut on,_ se f'. h In Ireir respective powers of atlor^ey, shall have 'ill pewee :o bind the
company by the r sgratcee am: exrc..tic^ cf any such InsleJmen:5 and to attar^ the•e:o t^c seal ol the company Wren so executed such
slrurrcrts s^a•1 be as hind. .p as II signed by the pres dent and alteslea by the sec'etary
By I -e 'ollrw rg rstrurrcrt re char man or 'te bresiden' •'as au+•orized :he price' n orcr otflcia named Here n :o appoint aftreys-n'act
Pu-suan' to Artit:le XVI Sccticn 5 c' re By laws. Ass sta-r Se-••e:ary Garret W EIII::11 s •lereby aJlhonzed to appoint s,.cn aticreys-n-'ae t
35 may be necessary to a-• n -e^all cf :he corrary to make. cxac.re. sea a:xnow ccge and de Iver as s..'ety any and a unde•+ak ngs.
roads rccc;rizances all (Pt e' sure'y obl gat ors
Ti -at 1^e By- aw and +he Authorizet on a::ovc set 'orth are :rue cup es "hereof and are ales n L'I fo-ce and elect
N W TV_SS W'HFPEOr 1" Is mslr,.ne^t alas peen subscribed ::y is authorized ohcel and the corporate see o' ?-e said Liberty Mu'uel Insurance
Company res been affixed t-ereto 111 P amou,h ,lee:Ing °ennsy'h'ania 1" s 21s1 day of Apri '9 95
JEEPTV I..TJAL INSURANCE GOMPAN"
COMMONWEAL TH Cr PENNSY, VANIA 55
COUN 1 Y Or MONTGOMERY
Cr IN; 2-st day of Ap- I . A.D 19 95 befc:e me. a Nclery Ps.; Ic personal y camp the r dividua . known lo
r^r.:o he the :herein de-,pubed Individual a -•a nN per c' Libe-:, Mull.al t^s.rance Company who executed the preckming Ins1L.ment. a -c -e a:Xnow'ec-
ged t^at he exec,.led IPc same and flat ?'c seal a9 xea to the said preceding-s'ri.ne-t is the corporate seal n` sac company. aid that said corporate
seal and •• s signature sucscrtbnd 1r cteto was d.. y affixed and subs -rep 'e the sa d rstrurrent by a.dho•I:y at drecl ion of tale said co -12,3^y
IN TESTIMONYM-4411-0F ' hotedrto set ny 1 and and affix my off o al sea at °lyrrout Meet ng. PA the day and yea' 'irst above wr tten
'7litifet y
Notofy :.n;i-
CEPTIFICA1 1-
1te undersigned. As-iSterf Secrctay c' I' erty Musa I^s✓a-oe Cnnca••y do `ereby certify that :he c^g nal power 01 attorney ol which the
'oregong 's a f 11. 'rLe and ccr'ec1 000y > 'ul 'otcc aro eVerl (111 re dale of :his cern¢ ate. and I do 11 rthe- certify tha: the off•ce• who executed the
sat: ::::Wel Of allor^cy was one n1 'he officers specie ly a.,1ho• zed by the chairman or the ores dens 0 appoint ary aaorey-r—'art as prov dad In A" Irle
XVI. Section 5 0• :he By .aws of L bail MI Lia nsu•ance Ccmpanv
cert fica'e may be s'gnea by 'ac Fir^ le ander a -a by aLtt:. tv df the fo lowing vote of the car o' d rectors of - berty Mu'ual Insurance
Cor'::a• y a' a ndetrg uuly railed and Feld on the 121- day of Mai oh '99:)
:hal the 'acs mi e a' mocha • ca Iy rep odur rd signature of a -y assist- rt secretary of :Le co -company wherever appea•'ng upon a certified
copy of ar-v ;.user of as:Fey s;na: by the cerrpany shal be valid and cn1'nq ..con trr, coiwilany with 11-e same 'orce and effect as
:hough ma -Lally af'n. ed
IN --ES--IVONv y.'HEFEor I have he•e..-10 subscr bed rry -ane
.d
affixed I^e -"-'•'••ale seal o: re sad i , r,..a y t s day ol
s, 'art Setif 'a-0
u e ;3J
THIS POWER OF ATTORNEY MAY NOT BE LSED 70 EXECUTE ANY BONO WITH AN INCEPTION DATE AFTER
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ADDENDUM NO, 1
ROCKCLIFF ROAD RE -CONSTRUCTION
BID NO, 95-71
The bid opening time and date is hereby changed from 2:00 P.M.
on October 23rd to 2:00 P.M., October 30th.
Don Bunn, City Engineer
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ADDENDUM NO. 2
ROCKCLIFF ROAD RE -CONSTRUCTION
BID NO. 95-71
1. The bid opening time and date is hereby changed from 2:00 P.M.
on October 23rd to 2:00 P.M., November 1st
2. The time set for ccmpletion of the project is hereby changed
from 60 working days to 75 working days.
Don Bunn, City Engineer
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N0v-21-1995 11:06 FROM FAvETTEU];_..E
T. 952:2626 F.02
MANGE ORDER NO. 3
BID NO. 9S-71
ROCzCLI77 ROAD RS-CONBTRUCTION
CLARIFICATION 07 SPECIFICATIONS
1. It is the intent of the specifications that the Contractor be
responsible for the setting of all grades and all surveying work
required for the job.
2. It is the intent of the specifications that the Contractor do
whatever is necessary to relocate or lower or otherwise protect
utility service lines which cross Rockcliff Road. No attempt was
made to determine how deep those lines are and whether or not
lowering or relocation is needed.
3. If the main water line near the east end of the project needs
lowering in order to do the work, a change order will be negotiated)
for that work.
4. whenever hillside is exposed to traffic for any length of time,
the Contractor must overlay it with a Class 7 base material to
prevent tracking of the red clay material.
TOTAL P 02
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Table of Contents
1. Advertisement for Bids 3
2. Instructions for Bidders 4-13
3. Statement of Bidder's Qualifications 14-15
4. Bid Proposal 16-18
5. Contract 19-20
6. Performance/Payment Bond 21-22
8. Standard General Conditions of the Contract 23
9. Supplement to the Standard General Conditions 24
10. Detailed Specifications 25-38
10 (a) Part I, Contract Stipulations 25-33
10 (b) Part II, Material Specifications 34
10 (c) Part III, Construction Specifications 35-38
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ADVERTISEMENT FOR BIDS
Rockcliff Re -construction
Bid Number 95-71
City of Fayetteville, Arkansas
Sealed bids for the construction of improvements on Rockcliff
Street 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 2:00 p.m.
local time on Monday, October 23rd, 1995 and then at said office
publicly opened and read aloud.
The proposed work generally consists of the re -construction of the
existing Rockcliff Street in place, and drainage improvements.
The Contract Documents, including detailed plans and specifications
for the work may be examined and obtained at the City of
Fayetteville Engineering Office, Room 004, City Administration
Building, 113 West Mountain Street, Fayetteville, Arkansas.
Each bid must be accompanied by a cashier's check or surety bond in
an amount of five (5) percent of the whole bid. 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, the owner shall retain said check or
bond as liquidated damages.
All bids shall be sealed and the envelope addressed to the City of
Fayetteville, Purchasing Office, Room 306, 113 West Mountain
Street, Fayetteville, Arkansas 72701, and clearly marked on the bid
envelope shall be the following information: The Bid Number, the
project title, the date of the bid opening, the time of the bid
opening, and the bidding contractors's name and license number.
All bidders shall be licensed under the terms of Act 150 of the
1995 Acts of the Arkansas Legislature. No bidder may withdraw his
bid within sixty (60) days after the actual date of 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 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 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 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. 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 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,
IFB-1
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(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 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 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 Contract 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
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.
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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.
4.9 The ADTD Standard Specifications contained in the "Standard
Specifications for Highway Construction", Edition of 1993,
publiched by the Arkansas State Highway Commission are referenced
and made a part of the Specifications and will apply to specific
instances and projects as noted on the Plans and within the
Specifications.
These Standard Specifications are available for inspection in the
Engineer's Office or may be obtained from the Arkansas State
Highway Department, Little Rock, Arkansas.
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 Don Bunn, 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 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 are as set
forth in the Bid Proposal, Contract Agreement and Technical
Specifications.
8. Liauidated Damages. Provisions for liquidated damages, if
any, are set forth in the Bid Proposal and/or the Contract
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 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.
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 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).
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11. Bid Proposal Form.
11.1 All
contained
requested
bids must be made on the required Bid Proposal form
in the Bidding Documents.
from the Engineer.
11.2 All blank spaces
or type written, and the
executed when submitted.
required.
Additional copies may be
for Bid prices must be filled in, in ink
Bid form must be fully completed and
Only one (1) copy of the Bid form is
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 in the 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
sealed envelope shall be enclosed in a
wit the notation "Bid Enclosed" on the
envelope.
other delivery system, the
separate sealed envelope
face of the outer
THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE
BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS.
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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 anv 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.
aloud at the time and
of invitation for bids
will be made available
Engineer.
Bids will be opened and publicly read
location as specified in the advertisement
A tabulation of the amounts of the Bids
to the Bidders after preparation by the
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 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 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 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.
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