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HomeMy WebLinkAbout70-95 RESOLUTIONRESOLUTION NO, 70-95
A RESOLUTION AWARDING BID NO. 9534 IN THE
AMOUNT OF $209,000.00 TO BASIC CONSTRUCTION
SERVICES, INC. FOR GRADING AND DRAINAGE
IMPROVEMENTS NEEDED ON THE TRANSFER STATION
AND MATERIALS RECOVERY FACILITY SITE, AND
APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. Thal the Council hereby awards Bid No. 95-34 in the amount of
$209,000.00 to Basic Construction Services. Inc. for granding and drainage improvements
needed on the Transfer Station and Materials Recovery Facility site. A copy of the hid
tabulation is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The Council hereby approves a budget adjustment increasing Transfer of
Sales Tax Capital Improvement Fund, Acct. No. 5500 0950 6602 47 in the amount of
$274,900.00 and Use of Fund Balance. Acct. No. 4470 0947 4999 99 in the amount of
$334,900.00 to increase Solid Waste Improvements, Acct. No. 5500 5060 5816 00, Project No.
93098 in the amount of $274,900.00; Transfer to Solid Waste Funds, Acct. No. 4470 9470 7602
50 in the amount of $274,900.00; and Building Cost, Acct. No. 4470 9470 5804 00 in the
amount of $60,000.00. A copy of the budget adjustment is attached hereto and made a part
hereof.
PASSED AND APPROVED this 16th day of May 1995.
APPROVED:
By:
ATTEST:
By:-
Traci Paul, City Clerk
A4,4)1 f
red Hanna, Mayor
RESOLUTION NO. 70-95
CORRECTION
A RESOLUTION AWARDING BID NO. 95-34 IN THE
AMOUNT OF $209,000.00, PLUS A 10% CONTINGENCY FEE
OF $20,900.00, TO BASIC CONSTRUCTION SERVICES, INC.
FOR GRADING AND DRAINAGE IMPROVEMENTS NEEDED
ON THE TRANSFER STATION AND MATERIALS
RECOVERY FACILITY SITE, AND APPROVAL OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby awards Bid No. 95-34 in the amount of
$209,000.00, plus a 10% contingency fee of $20,900.00, to Basic Construction Services, Inc.
for grading and drainage improvements needed on the Transfer Station and Materials Recovery
Facility site. A copy of the bid tabulation is attached hereto marked Exhibit "A" and made a
part hereof.
Section 2. The Council hereby approves a budget adjustment increasing Transfer of
Sales Tax Capital Improvement Fund, Acct. No. 5500 0950 6602 47 in the amount of
$274,900.00 and Use of Fund Balance, Acct. No. 4470 0947 4999 99 in the amount of
$334,900.00 to increase Solid Waste Improvements, Acct. No. 5500 5060 5816 00, Project No.
93098 m the amount of $274,900.00; Transfer to Solid Waste Funds, Acct. No. 4470 9470 7602
50 in the amount of $274,900.00; and Building Cost, Acct. No. 4470 9470 5804 00 in the
amount of $60,000.00. A copy of the budget adjustment is attached hereto and made a part
hereof.
PASSED AND APPROVED this 16th day of May , 1995.
ATTEST:
By: '% ` ' f ('c I7
Traci Paul, City Clerk
APPROV
By:
red Hanna, Mayor
CITY OF FAYETTEVILLE
BID: 95-34
DATE: 5/09/95
TIME: 11:00 AM
EXHIBIT A
DESCRIPTION: GRADING & DRAINAGE/TRANSFER STATION
NO. BIDDER ITEM #1
1 SWEETSER CONSTRUCTION
2 OAKRIDGE BUILDERS
3 RED DEER, INC
4 MOBLEY CONTRACTORS
5 B,B, & B CONSTRUCTION
6 BASIC CONSTRUCTION
CERTIFIED BY:
PLRCbAS'NG MANAGER
rC'�
WI -NESS
$256,155.00
NO BID BOND
$324,782.16
$272,778.84
$380,450.00
$209,000.00
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
1995
Department: Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
May 16, 1995
Adjustment #
Project or Item Requested:
Additional funding is requested for the Solid Waste 1 ransfer
Station and Materials Recovery Facility. The addit ona: furls are
needed due to the change of site location approved by Council.
Additionally, the Street Division salt building must be removed and
relocated as part of the transfer station and matcnais recovery
facihty. Additional matenal storage bays are planned to provide dry
storage of hillside fill material and top soil.
Project or Item Deleted:
None. City sales tax collections and interest income in the Sales Tax
Capital improvements Fund exceeded estimated revenue for 1994 by
approximately $463,000. Previous budget adjustments have utthzcd
$60,0001eaving $403,000 available to fund project overruns.
Justification of this Increase:
The additional funds will be used for additional engmeenng
expense. relocation of salt building, and. construction of drainage
improvements.
Justification of this Decrease:
Sufficient additional revenue above estimated for 1994 exists to fund
this request.
Account Name
Solid Waste Improvements
'Transfer to Solid Waste Fund
I3uildnig Cost
Increase
Amount
2.74
274,900
60,000
Account Number Prolcct Number
5500 5060
5816 00 93098
4470 9470 7602 50
4470 9470 5804 00
Increase
Account Name Amount
Transfer from Sales Tax Capital Imp. Fund 274.900
Use of Fund Balance 334.900
Account Number
5500 0950
Project Number
6602 47
4470 0947 4999 99
/ Approval Signatures
ILL& 4-- T rjei 9r _
-2equested B
•3
artment $hector
Budget Office Use Only
Type: A B C D E F
Date of Approval
Posted to General Ledger
Entered in Category Log
Budget Office Copy
C1-PJtC7
STAFF REVIEW FORM
For the Council meeting of Mav 16 1995
FROM:
I:. -wear.
Waste 1•^ WCr$C
sante _ Ler. a rt tr•r. t
ACTION REQUESTED:
Amendment s_ 1
-age imp/ cver..er.t e :-
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t nr• ./.1 .t e.;:: dingfoundct : rr ,.nd . ,.n. r.
COST TO CITY:
32, 9..^•i•
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A ccur t Number
Pro-ect N121:a.:r
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c:a tegc:-y; P1 c j c N_tee
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BUDGET REVIEW:
1
3'1dge:, Coord: natc l
b'uc:: et Acj ast n -:.t Attachec
SeI'+1Ces P_rct :•11
CONTRACT/GRANT/LEASE REVIEW:
A :.g39.t)4-q M-.na:$rr 'ate
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P.rr ;:1ias; r:q
ASENCIC:
ry:,- CCorcn:.ati-z ' :mate
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lit.. einal Aad:: c•T Late
STAFF RECOMMENDATION:
Departmen, )1rt.
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Late
Cross 14r1t Lente
Few item Yes No
'}-rev Cra/res 1<:
.. r. a Contract
1�.11T1tl�"'"' I ; 'I I .I.1;
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Kevin Crosson, Public Works Director)(
From: Willie Newman, Waste Reduction Coordinator
Date: June 2L 1995
Re: Amendment #1- Basic Construction for Grading and Drainage Improvements
•
Staffrecommends approval of amendment #1 of the contract with Basic Construction for grading and
drainage improvements for the transfer station and materials recovery facility site is for the removal
of the salt building foundation and slab at a cost of $2.400. City crews and equipment were used to
remove the concrete walls of the salt building; however. the foundation and slab were constructed
so heavily that our equipment can not handle its removal. The foundation is four feet deep and two
feet wide with #4 rebar throughout, and the slab is a foot thick We tested the use of an 80,000
pound excavator which Basic Construction had on site and found it could remove the foundation with
some struggle.
The hourly cost of an excavator of this size is S200 to $250 and this particular job is estimated to take
ten hours. This is a fair price for the job required in this amendment and will be paid out of the
$20,900 allocated as contingency funds approved with this contract If I can be of any further
assistance, please contact me at extension 497 at your earliest convenience.
AGREEMENT WITH
AMENDMENT TO THE
Basic Construction
AMENDMENT i 1
This is an amendment to the Agreement for Grading & Drainage Improvements
executed on the 16 day of
May
1995 between the City of
Fayetteville, Arkansas and Basic Construction
Additional services required due to removal of salt building
foundation and slab.
•
The charge for the additional services shall not exceed
$ 2,400
•
CITY OF FAYETTEVILLE:
f/
/21i. 71. •%22Ai' 40
Mayor
Date
Title
•
•
Date1/41:144C---/S7, /9f(r
CONTRACT
CITY
SPECIFICATIONS AND CONTRACT DOCUMENTS
GRADING AND DRAINAGE
IMPROVEMENTS
FOR
SOLID WASTE TRANSFER FACILITY
FAYETTEVILLE, ARKANSAS
Plans No. Fy-245B
April, 1995
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
e 1995 McGoodwin, Williams and Yates
SPECIFICATIONS AND CONTRACT DOCUMENTS
GRADING AND DRAINAGE
IMPROVEMENTS
FOR
SOLID WASTE TRANSFER FACILITY
FAYETTEVILLE, ARKANSAS
Plans No. Fy-245B
April, 1995
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
e 1995 McGoodwin, Williams and Yates
TABLE OF CONTENTS
Section
Advertisement for Bids 1
Instructions to Bidders 2
State Wage Determination 4
Bid 5
Agreement 6
Performance Bond and Payment Bond 7
Standard General Conditions of the Construction Contract 8
Supplementary Conditions 8
TECHNICAL SPECIFICATIONS
Division 1
General Requirements
Project Requirements 100
Testing 120
Division 2
Sitework
Site Preparation, Excavation and Backfill, Undercutting
and Compacted Fills 200
Solid Sodding 243
Stone Riprap 265
Cleanup and Seeding 295
Division 4
Pipe and Pipe Laying
Pipe Culverts 430
Placing Pipe Protection Cover and Compacted Backfill 461
Driving Surface Repair 495
ADVERTISEMENT FOR BIDS
Notice is hereby given that, pursuant to an order of the City Council of the City of
Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall,
113 West Mountain Street, Fayetteville, Arkansas, until 11:00 a m. on Tuesday, May 9,
1995, for furnishing all tools, materials and labor and performing the necessary work for
construction of Grading and Drainage Improvements for the Solid Waste Transfer Facility.
At this time the bids received will be publicly opened and read aloud in the Purchasing
Office of City Hall. The work generally consists of.
Site preparation including clearing and grubbing, excavation and disposal
of unsuitable material (approximately 4,000 cubic yards of cut; suitability for
use as engineered fill will be determined at time of excavation), furnishing
and placement of engineered fill (approximately 12,000 cubic yards),
construction of storm drainage system, including 200 linear feet of 24 inch
RCP, 340 linear feet of 30 inch RCP, 540 linear feet of 42 inch RCP, 130
linear feet of 17 inch x 13 inch CMAP, three inlet structures, one junction
box, and associated headwalls and flared end structures.
Plans and specifications are on file and may be examined at the office of the Public
Works Department, City of Fayetteville, and in the office of McGoodwin, Williams and
Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703
Copies of these documents may be obtained from the office of said engineers upon
request, and upon the payment of $25.00 for plans and $25.00 for specifications, a total
of $50.00, which is not refundable.
The contractors shall make such inspection and studies of the site of the work as to
familiarize themselves with all conditions to be encountered.
Each bid must be accompanied by an acceptable statement of bidder's qualifications.
The requirements of the bidder's statement of qualifications will be furnished to
prospective bidders with plans and specifications.
Each bid must be accompanied by an acceptable form of bid guaranty in the amount
equal to at least five percent of the whole bid, and such bid bond or cashier's check shall
be subject to the conditions provided in the Instructions to Bidders.
Bids must be made upon the official bid sheets contained in the specifications, and such
bid sheets shall not be removed from the remainder of the Specifications and Contract
Documents. All bids shall be sealed and the envelopes addressed to the Owner, City
of Fayetteville, Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville,
Arkansas 72701. All bids shall be plainly marked on the outside of the envelope
specifying that it is a bid for Grading and Drainage Improvements, Solid Waste Transfer
Facility, the time for opening of bids, and the name and current contractor's license
number of the bidder.
All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as
amended.
1-1
The City Council reserves the right to reject any and all bids and to waive any
informalities in the proposal deemed to be in the best interests of the City. The City
Council further reserves the right to withhold the awarding of the contract for a period not
to exceed 60 days after the receipt of bids
Dated this 23rd day of
April
, 1995.
/s/ Peggy Bates
Peggy Bates, Purchasing Officer
1-2
Instructions
to Bidders
INSTRUCTIONS TO BIDDERS
1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined
in the Standard General Conditions of the Construction Contract (No. 1910-8)
(1990 Edition) have the meanings assigned to them in the General Conditions. Certain
additional terms used in these Instructions to Bidders have the meanings indicated below
which are applicable to both the singular and plural thereof.
1.1 "Bidder means one who submits a Bid directly to Owner, as distinct from a sub -
bidder, who submits a bid to a Bidder.
1.2 "Issuing Office" means the office from which the Bidding Documents are to be
issued and where the bidding procedures are to be administered
1.3 'Successful Bidder means the lowest, responsible and responsive Bidder to
whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an
award.
1.4 "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions
to Bidders, the Bid Form, and the proposed Specifications and Contract Documents
(including all Addenda issued prior to receipt of Bids).
2. COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the amount, if any,
stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon
request.
2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither
Owner nor Engineer assume any responsibility for errors or misinterpretations resulting
from the use of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the
above terms do so only for the purpose of obtaining Bids on the Work and do not confer
a license or grant for any other use.
3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the
Work, each Bidder must submit the following Statement of Bidder's Qualifications.
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive.
This statement must be notarized. If necessary, questions may be answered on
separate attached sheets. The Bidder may submit any additional information he desires.
2-1
Instructions
to Bidders
1) Name of Bidder.
2) Permanent main office address.
3) When organized.
4) If a corporation, where incorporated.
5) How many years have you been engaged in the contracting business under your
present firm or trade name?
6) Contracts on hand. (Schedule these, showing amount of each contract and the
appropriate anticipated dates of completion.)
7) General character of work performed by your company.
8) Have you ever failed to complete any work awarded to you?
9) Have you ever defaulted on a contract? If so, where and why?
10) List the more important projects recently completed by your company, stating the
approximate cost for each, and the month and year completed.
11) List your major equipment available for this contract.
12) Experience in construction similar in size to this project, along with project owners
and engineers.
13) Background and experience of the principal members of your organization,
including the officers.
14) Credit available: $
15) Give bank reference:
16) Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Owner?
Dated at this day
of ,19
Name of Organization:
By
Title
2-2
State of
County of
)
)
Instructions
to Bidders
being duly sworn deposes and says
that he (she) is the of
Contractor(s), and that
answers to the foregoing questions and all statements therein contained are true and
correct.
Subscribed and sworn before me this day of
19
Notary Public
My commission expires
(Seal)
4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1 It is the responsibility of each Bidder before submitting a Bid:
4.1.1 to examine thoroughly the Contract Documents and other related data identified
in the Bidding Documents (including "technical data" referred to below);
4.1.2 to visit the site to become familiar with and satisfy Bidder as to the general, local
and site conditions that may affect cost, progress, performance or furnishing of the Work,
4.1.3 to consider federal, state and local Laws and Regulations that may affect cost,
progress, performance or furnishing of the Work;
4.1.4 to study and carefully correlate Bidder's knowledge and observations with the
Contract Documents and such other related data;
4 1.5 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies
which Bidder has discovered in or between the Contract Documents and such other
related documents.
4.2 Reference is made to the Supplementary Conditions for identification of:
4.2.1 those reports of explorations and tests of subsurface conditions at or contiguous
to the site which have been utilized by Engineer in preparation of the Contract
Documents. Bidder may rely upon the general accuracy of the "technical data"
2-3
Instructions
to Bidders
contained in such reports but not upon other data, interpretations, opinions or information
contained in such reports or otherwise relating to the subsurface conditions at the site,
nor upon the completeness thereof for the purposes of bidding or construction
4.2.2 those drawings of physical conditions in or relating to existing surface and
subsurface conditions (except Underground Facilities) which are at or contiguous to the
site which have been utilized by Engineer in preparation of the Contract Documents.
Bidder may rely upon the general accuracy of the "technical data" contained in such
drawings but not upon other data, interpretations, opinions or information shown or
indicated in such drawings or otherwise relating to such structures, nor upon the
completeness thereof for the purposes of bidding or construction.
Copies of such reports and drawings will be made available by Owner to any Bidder on
request. Those reports and drawings are not part of the Contract Documents, but the
"technical data" contained therein upon which Bidder is entitled to rely as provided in
paragraph 4.2 of the General Conditions has been identified and established in
paragraph SC -4.2 of the Supplementary Conditions. Bidder is responsible for any
interpretation or conclusion drawn from any "technical data" or any such data,
interpretations, opinions or information.
4.3 Information and data shown or indicated in the Contract Documents with respect
to Underground Facilities at or contiguous to the site is based upon information and data
furnished to Owner and Engineer by owners of such Underground Facilities or others,
and Owner and Engineer do not assume responsibility for the accuracy or completeness
thereof unless it is expressly provided otherwise in the Supplementary Conditions.
4.4 Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders with respect to subsurface conditions, other physical conditions and
Underground Facilities, and possible changes in the Contract Documents due to differing
or unanticipated conditions appear in paragraphs 4.2 and 4.3 of the General Conditions.
4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, be responsible
to obtain such additional or supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surface, subsurface and Underground
Facilities) at or contiguous to the site or otherwise, which may affect cost, progress,
performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences or procedures of construction to be employed by Bidder
and safety precautions and programs incident thereto or which Bidder deems necessary
to determine its Bid for performing and furnishing the Work in accordance with the time,
price and other terms and conditions of the Contract Documents.
4.6 On request in advance, Owner will provide each Bidder access to the site to
conduct such examinations, investigations, explorations, tests and studies as each Bidder
deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and
restore the site to its former condition upon completion of such explorations,
investigations, tests and studies.
2-4
Instructions
to Bidders
4.7 Reference is made to the Supplementary Conditions for the identification of the
general nature of work that is to be performed at the site by Owner or others (such as
utilities and other prime contractors) that relates to the work for which a Bid is to be
submitted. On request, Owner will provide to each Bidder for examination access to or
copies of Contract Documents (other than portions thereof related to price) for such work.
4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 4, that without exception
the Bid is premised upon performing and furnishing the Work required by the Contract
Documents and such means, methods, techniques, sequences or procedures of
construction as may be indicated or expressly required by the Contract Documents, the
Bidder has given Engineer written notice of all conflicts, errors, ambiguities and
discrepancies that Bidder has discovered in the Contract Documents and the written
resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions
for performing and furnishing the Work.
4.9 The provisions of 1-41 through 4.8, inclusive, do not apply to Asbestos,
Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material
covered by paragraph 4.5 of the General Conditions.
5. AVAILABILITY OF LANDS FOR WORK, ETC. The lands upon which the Work
is to be performed, rights-of-way and easements for access thereto and other lands
designated for use by Contractor in performing the Work are identified in the Contract
Documents. All additional lands and access thereto required for temporary construction
facilities, construction equipment or storage of materials and equipment to be
incorporated in the Work are to be obtained and paid for by Contractor. Easements for
permanent structures or permanent changes in existing facilities are to be obtained and
paid for by Owner unless otherwise provided in the Contract Documents.
6. INTERPRETATIONS AND ADDENDA
6.1 All questions about the meaning or intent of the Bidding Documents are to be
directed to Engineer. Interpretations or clarifications considered necessary by Engineer
in response to such questions will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents. Questions received
less than ten days prior to the date for opening of Bids may not be answered Only
questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
6.2 Addenda may also be issued to modify the Bidding Documents as deemed
advisable by Owner or Engineer.
7. BID SECURITY
7.1 Each Bid must be accompanied by Bid security made payable to Owner in an
amount of five percent of the Bidder's maximum Bid price and in the form of a certified
or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a
2-5
Instructions
to Bidders
surety meeting the requirements of paragraph 5.1 of the General Conditions.
7.2 The Bid security of the Successful Bidder will be retained until such Bidder has
executed the Agreement, furnished the required contract security and met the other
conditions of the Notice of Award, whereupon the Bid security will be returned. If the
Successful Bidder fails to execute and deliver the Agreement and furnish the required
contract security within 15 days after the Notice of Award, Owner may annul the Notice
of Award and the Bid security of that Bidder will be forfeited. The Bid security of other
Bidders whom Owner believes to have a reasonable chance of receiving the award may
be retained by Owner until the earlier of the seventh day after the Effective Date of the
Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by
such Bidders will be returned. Bid security with Bids which are not competitive will be
returned within seven days after the Bid opening.
8. CONTRACT TIMES. The numbers of days within which, or the dates by which,
the Work is to be substantially completed and also completed and ready for final payment
(the term "Contract Times" is defined in paragraph 1.12 of the General Conditions) are
set forth in the Agreement (or incorporated therein by reference to the attached Bid
Form).
9. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth
in the Agreement.
10. 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.
Whenever it is indicated in the Drawings or specified in the Specifications that a
substitute or "or -equal" item of materials or equipment may be furnished or used by
Contractor if acceptable to Engineer, application for such acceptance will not be
considered by Engineer until after the Effective Date of the Agreement. The procedure
for submission of any such application by Contractor and consideration by Engineer is
set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be
supplemented in the General Requirements.
11. SUBCONTRACTORS, SUPPLIERS AND OTHERS The Contractor shall not
assign or sublet all or any part of this Contract without the prior written approval of the
Owner nor shall the Contractor allow such Subcontractor to commence Work until he has
provided such workers' compensation and public liability insurance as may be required.
The approval of each subcontract by the Owner will in no manner release the Contractor
from any of his obligations as set out in the Plans, Specifications, Contract and Bonds.
12. BID FORM
12.1 The Bid Form is included with the Bidding Documents; additional copies may be
obtained from Engineer (or the issuing office).
12.2 All blanks on the Bid Form must be completed in ink or by typewriter.
2-6
Instructions
to Bidders
12.3 Bids by corporations must be executed in the corporate name by the president or
a vice-president (or other corporate officer accompanied by evidence of authority to sign)
and the corporate seal must be affixed and attested by the secretary or an assistant
secretary. The corporate address and state of incorporation must be shown below the
signature.
12.4 Bids by partnerships must be executed in the partnership name and signed by a
partner, whose title must appear under the signature and the official address of the
partnership must be shown below the signature.
12.5 All names must be typed or printed below the signature.
12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers
of which must be filled in on the Bid Form).
12 7 The address and telephone number for communications regarding the Bid must
be shown.
12.8 Evidence of authority to conduct business as an out-of-state corporation in the
state where the Work is to be performed shall be provided in accordance with
paragraph 3 above State contractor license number must also be shown.
13. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated
in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed
envelope, marked with the Project title (and, if applicable, the designated portion of the
Project for which the Bid is submitted) and name and address of the Bidder and
accompanied by the Bid security and other required documents. If the Bid is sent
through the mail or other delivery system, the sealed envelope shall be enclosed in a
separate envelope with the notation BID ENCLOSED" on the face of it. THE BID
FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT
DOCUMENTS.
14. MODIFICATION AND WITHDRAWAL OF BIDS
14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in
the manner that a Bid must be executed) and delivered to the place where Bids are to
be submitted at any time prior to the opening of Bids.
14.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written
notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction
of Owner that there was a material and substantial mistake in the preparation of its Bid,
that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that
Bidder will be disqualified from further bidding on the Work to be provided under the
Contract Documents.
15. OPENING OF BIDS Bids will be opened and (unless obviously nonresponsive)
read aloud publicly at the place where Bids are to be submitted. A tabulation of the
amounts of the base Bids and major alternates (if any) will be made available to Bidders
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Instructions
to Bidders
after preparation by the Engineer.
16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to
acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole
discretion, release any Bid and return the Bid security prior to that date.
17. AWARD OF CONTRACT
17.1 Owner reserves the right to reject any and all Bids, including without limitation the
rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids
and to reject the Bid of any Bidder if Owner believes that it would not be in the best
interest of the Project to make an award to that Bidder, whether because the Bid is not
responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by Owner. Owner also reserves the right
to waive all informalities not involving price, time or changes in the Work and to negotiate
contract terms with the Successful Bidder. Discrepancies in the multiplication of units of
Work and unit prices will be resolved in favor of the unit prices. Discrepancies between
the indicated sum of any column of figures and the correct sum thereof will be resolved
in favor of the correct sum. Discrepancies between words and figures will be resolved
in favor of the words.
17.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and such alternates, unit prices
and other data, as may be requested in the Bid Form or prior to the Notice of Award.
17.3 Owner may consider the qualifications and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the Work
as to which the identity of Subcontractors, Suppliers, and other persons and
organizations must be submitted as provided in the Supplementary Conditions. Owner
also may consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation in the
Work when such data is required to be submitted prior to the Notice of Award.
17.4 Owner may conduct such investigations as Owner deems necessary to assist in
the evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of Bidders, proposed Subcontractors, Suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed time
17.5 If the contract is to be awarded, it will be awarded to the lowest responsive,
responsible Bidder whose evaluation by Owner indicates to Owner that the award will be
in the best interests of the Project.
17.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice
of Award within 60 days after the day of the Bid opening.
18. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the
Supplementary Conditions set forth Owner's requirements as to Performance and
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