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122-96 RESOLUTION
V N N a u u+ v i O • 1 �'uO A m @�@ D� 3 D v v 3 v u S m •g 3 3 vrN N N N N N u m 8 8 i c m 8 3 8 0 m 3 3 3 rKnO rr • a• c s z 8� m g 0 gn o C sg�ma m N • 3 S < 0 A ip�$Ysoo do 3 ' 0 m 3 • O c 3 No '— At v 400 O s y a m To coo sssssss^� ssssgsag;. V � + � + t0 In m a 0 � -- j O N e• m N W 0 0 8888888 g$ c 8888888 �. +y2�5Q2SN80�1 0 &8 888$88� a�a•�g m KNO 8 : t Q3- a' 8888888. N N V V i T §m8�e i $888888 iv�g s Ng fJ N gV �Vj + N HHHHHNH �S i� mUp m8 N8 N �'@$o i o 8a O y� 01 N Ton D �! iv $` 8888815 M m c Z m m N D D � Z O O 5 N m p z X au u+g�8NQ m _ SN ga ym� � 88888158 $ r I N i o <; Ton D �! iv M m c Z m m N D D � Z O O 5 N m p z X r I /207— January 7, 1997 jLTraci Paul, City Clerk City o'f-Faye-tteville, Dear Traci: We normally date the agreement and performance and payment bonds r prior-to-dei�veri-ng--the-Gen-tr-ac-t Doc en#s t -o t-he-Owner,-3:n-orde j to try to assure they are dated in all places. Once we deliver the-Decumen-t-s-to-t-he-Owner,-ma-n-y-times-f-r-om th- e -r -e -.they -axe disbursed to the participating parties, and we do not have Y�em-a-l-l.t-oge- hex-a-gain-to_assurxe they-hav-e-been-dated i; completely. And, we believe that the Owner may not want to I�I-tak.e the time to -date the-ag.re.ement-in two -place each -book., and the bonds and powers -of -attorney as many as six places each };.book-.—S-o-i.t-has-become our -practice, to date everythins before I it .is sent to the Owner. Sharon Collins In this case, we have dated the performance and payment bonds 'i' and the powers -of -attorney. "January 9, 1997." We did not know what date you and the Mayor will actually sign the documents. We know fromprevious experience that you date the agreement yourself the day you actually sign it. Therefore, we have left I}I�II the dates on the agreement blank. kl'l The bonds state that the "date of bond must not be prior to date of contract." Therefore, we hope titthe contact (or I agreement) can be signed and dated on or before January 9. Sincerely, r R uApa Sharon Collins 77' AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville Ci PeS 1KDOFILMEU �hh5. �-� STAFF RE 2 -1 -el 7 Council meeting of Ehy. Ea�uiGrc/s OtS�S� FROM: Sid Norbash Engineering Public Works Name Division Department ACTION REQUIRED: Approval of the Construction contract Change Order Number 1 for Fox Hunter Rd.- Sewer Transmission Line Replacement Project with Edwards Design and Construction Co., Inc. COST TO CITY: $11,068.48 { S�C� _ !>.�� Fox Hunter- Sewer Line Cost of this Request Category/Project Budget Category/Project Name 4470-9470-5815-00 $ 1%oalkb Capital Sewer Mains Account Number Funds Used To Date Program Name 96037 5�_-i-�r�$Ok Sales Tax Fund Project Number Remaining Balance Fund Budgeted Item Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Accounting Mdaher/ �//�� Ci y Attorney Purchasina Officer ON: Approva Change D ' v'sion Head Department Director Number 1. � &71 Date Admy1j\ ��' "�� inis rative Serv' Director Mayoks �7 Date R T1% Date Date GRANTING AGENCY: i Date ?JO - g7 ernal Auditor Cross Reference Date New Item: Yes_ No X Prev Ord Re #: IAO? - 96 Orig Contract Date: CHANGE ORDER (Instructions on reverse side) No. I Includes Reconciliation of Bid Items DATE OF ISSUANCE February 29. 1997 EFFECTIVE DATE March 1. 1997 OWNER City of Fayetteville O WNER's Contract No. Fv-260 CONTRACTOR Edwards Design and Construction, Inc. ENGINEER McGoodwm, Williams and Yates, Inc. You are directed to make the following changes in the Contract Documents. Description: Reroute east portion of sewer allowing negative grade, removal of air release valve. Reason for Change Order: AHD requested use of two manholes and double siphon where negative is not maintained. Attachments: (List documents supporting change) Attachment No. I and request for change from contractor CHANGE IN CONTRACT PRICE: Original Contract Price $ 171 403.00 CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: Ready for final payment days or dates Net changes from previous Change Orders No.= to No. = $ N/A Net change from previous Change Orders No. _ to No. days Contract Price prior to this Change Order $ 171 403.00 Contract Times prior to this Change Order Substantial Completion: Ready for final payment days or dates Net Increase QieawaBJ of this Change Order $ 11 068.48 Net Increase (decrease) of this Change Order days Contract Price with all approved Change Orders $ 182 471.48 Contract Times with all approved Change Orders Substantial Completion: Ready for final payment: days or dates McGoodwin, Williams & Yates, Inc. RECOMMENDED: Richard Cantre Edwards Design and Construction, mc. ACCEPTED: Contractor (Authorized Signature) Date: DJCDC No. 1910-8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 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. i- r CHANGE ORDER 1 Attachment Gravity Pressure Sewer Replacement Fayetteville, Arkansas Project No. Fy-260 The project was bid to install the 18 inch replacement sewer North of the two existing 14 inch sewers and also north of the 24 inch force main. carrying flow from the Wastewater Treatment Plant. The Contractor, City and Engineer made preliminary on-site investigation to determine if the new sewer could be installed between the existing sewer pipes and based on excavation, the decision was made to install new 18 inch sewer between 14 inch gravity sewer and 24 inch force main. The new location would allow installation out of the creek bed and therefore remove the need of 200 linear feet of concrete encasement for a savings of $5,000.00 (200 L.F. @ $25 L.F.). In addition, the air release valve and vault would not be required for additional savings of $1,789.00 During installation of the 18 inch sewer line from Sta. 35+00 ± westerly, the discovery was made that the two existing sewers were too close to allow the installation of the 18 inch sewer as planned. It became necessary to remove the old 14 inch sewer. (Being replaced this project) and relay to allow new 18 inch sewer to be placed between existing 14 inch sewer and 24 inch force main. The contractor furnished and installed ± 200 feet of 12 inch PVC, fittings, bypass pumping, and tie-ins at a location to allow room for placement of 18 inch gravity sewer. Listed below are adjustments to bid items and items added this change order. 5M Bid Item +/- Description Increase Decrease 1 Installed 32 linear feet less than bid. Adjustment in length made on each end of gravity sewer. 32 L.F. X $36.00 $ 19152.00 2 + Installed 15 linear feet more due to realignment near newly installed CMP at ± Sta. 2+70. 15 L.F. X $63.00 $ 945.00 3 Washington County Road Department (Jim Brink) requested backfill within roadway be hillside in lieu of crushed stone. Also requested black base be placed on surface of roadway so the county could thin chip seal this section when full length is being sealed in summer of 97. The contractor agreed to reduce bid item by $530.00 5 + This item adjusted from $9,409.00 to 18,950.00 for the reason set out above. $ 91541.00 6 As stated above, 200 linear feet concrete encasement was removed when sewer alignment was adjusted. (Removing from creek bed which permitted a negative grade the full. length of the gravity sewer.) 8 + The existing 24 inch CMP (± Sta. 2+70) was not adequate for the safety of traffic in the area. The City of Fayetteville furnished and the contractor installed an additional 20 linear feet of 24 inch CMP on the north end of existing pipe. The installation included 4 cubic yards of concrete 130 cubic yards of hillside material hauled to site, placed and compacted for an increase in cost of $2,882.50 $ 23882.50 9 + The Contractor purchased 14 inch DIP for temporary installation as set out above. It was determined later to use 12 inch PVC, therefore the purchased 200 linear feet of 14 inch DIP was delivered to the City water -sewer department for a total cost of $3,256.98. $ 3,256.98 Increase Decrease Increase $16,625.48 $11,068.48 $ 530.00 $.3,875.00 $ 5,557.00 CONTRACT CITY WICROFILMEED SPECIFICATIONS AND CONTRACT DOCUMENTS r� v a GRAVITY PRESSURE SEWER REPLACEMENT FAYETTEVILLE, ARKANSAS 0 Plans No. Fy-260 October, 1996 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 01996 McGoodwin, Williams and Yates SPECIFICATIONS AND CONTRACT DOCUMENTS GRAVITY PRESSURE SEWER REPLACEMENT FAYETTEVILLE, ARKANSAS Plans No, Fy-260 October,1996 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 01996 McGoodwin, Williams and Yates ' TABLE OF CONTENTS Section 1 Advertisement for Bids ........................................ 1 Instructions to Bidders ........................................ 2 Arkansas Department of Labor Wage Determination ................... 4 Bid...................................................... 5 ' Agreement..............................0................. 6 ' Performance Bond and Payment Bond .....I .... ... .......:....... 7 Standard General Conditions of the Construction Contract 8 ■ Supplementary Conditions..........I.......................... SC TECHNICAL SPECIFICATIONS Division 1 1 General Requirements Project Requirements ....................................... 01000 Use of Explosives .................................. 01035 ....... Methods of Measurement and Payment 01150 Schedules ............................................... 01310 Storage and Handling of Materials .......... 11 .1 ...... I ........ 01620 Testing 01660 Low Pressure Air Testing for Gravity Pressure Sewer Lines 01665 1 Hydrostatic Testing of Gravity Pressure Sewers ........... I ........ 01666 Division 2 Sitework ' Clearing Rights of Way, Cutting and Rebuilding/Repairing Fences ......0000 ............. 0 ... 0 0 0 .. 02110 ' Surface Removal...........................02113 Placing Pipe Protection Cover and Compacted Backfill ..........•.... 02221 Aggregate Base Course, Class 7 ................... 02222 Stone Riprap and Filter Fabric ::: : ::::::::::..... :::::::::::: 02271 Pipeline Cleanup and Seeding 02486 1 Section 1 Driving Surface Repair...................................... 02575 1 Polyethylene Encasement... ......I..I..... 0............::::: 02623 Temporary Bypass and Tie End ........... 0 .. 0 ..... 02647 Sanitary Sewer Pipe Connections to Existing Manholes 0 1 11 ...... 0 ... 02648 1 PVC Pipe and Fittings for Gravity Pressure Sewer 00.......00....... 02722 1 Division 3 Concrete 1 Concrete................................................ 03300 i 1 1 1 1 1 1 1 1 , 1 ii 1 II ' ADVERTISEMENT FOR BIDS 1 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 Thursday, November 7, 1996, for furnishing all tools, materials and labor and performing the necessary work for construction of Gravity Pressure Sewer Replacement [City of Fayetteville Bid No. 9665]. 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: Installation of approximately 3,575 linear feet of 18 inch PVC pipe. ' 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 $50.00 for plans and $50.00 for specifications, a total of $100.00, 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. ' A mandatory Prebid Conference will be held at Fayetteville City Hall, Third Floor, Room 326, at 11:00 a.m. on Thursday, October 31, 1996. 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 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 Gravity Pressure Sewer Replacement [City of Fayetteville Bid No. 9665], 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. ' 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 loth day of October , 1996. ' /s/ Peggy Bates Peggy Bates, Purchasing Officer ' 1-1 F LI I 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 1 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 be prepared to submit within five days after Bid opening upon Owner's request detailed written evidence such as financial data, previous experience, present commitments, and other such data as may be called for below (or in the ' Supplementary Instructions). Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. C ' 2-1 Instructions t to Bidders STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. , This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. , 1) Name of Bidder. 2) . Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? 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. 1.1) 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. ' 11 11 It 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? Datedat this day of 19 . 2-2 I L 1 I [J I C Name of Organization: By Title State of County of that he (she) is the Instructions to Bidders duly sworn deposes and says 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 My commission expires (Seal) Notary Public 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 I n 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. ' 2-3 Instructions to Bidders 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" 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 SupplementaryConditions. 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 2-4 11 u L C I I 1 1] ' Instructions to Bidders ' deems necessary for submissionlof '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. ' 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 1-4.1 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. ' 2-5 Instructions to Bidders 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 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 61 st 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. 2-6 J I J 11 ' Instructions to Bidders 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. ' 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. t 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 maybe 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 ' 2-7 Instructions to Bidders 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 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 considerthe 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. 2-8 I 1 'J 11 [I F ' Instructions to Bidders t 17.6 If the contract is to be awarded, Ownef 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 Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. t19. 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 written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required ' Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. ' 20. PREBID CONFERENCE. A mandatory Prebid Conference will be held at 11:00 a.m. on October 31, 1996, at City Hall, Third Floor, Room 326, 113 West Mountain Street, Fayetteville, Arkansas. Representatives of Owner and Engineer will be present ' to discuss the Project. Bidders are required to attend and participate in the conference. Bids will not be accepted from Bidders not attending the Prebid Conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers 1 necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ' 21. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors.^ Bidders who submit Bids in excess of $200000 ' 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. ' 22. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that 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. ' 23. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case, wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled ' and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, ' shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. ' 2-9 Instructions , to Bidders 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. , 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to ' each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. ' The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed , by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been ' or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required ' wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 24. COMPLIANCE WITH ACT 125. ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It , further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 25. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and , withhold Arkansas income taxes, as required by Arkansas law, from wages paid.to .. employees, whether such employees are residents or nonresidents of Arkansas. ' 26. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all ' NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of , Revenues, Department of Finance and ' Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. ' 2-10 II 1 II 1 L Mike Huckabee Governor t:STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM• LITTLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 0 FAX: (501) 682.4532 0 TRS: (800) 285-1131 September 16, 1996 Richard Cantrell McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 RE: Gravity Pressure Sewer Replacement Fayetteville, Arkansas Washington County Dear Mr. Cantrell: James L. Salkeld 131 o r In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 96-100 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-313(1987) and the administrative regulations promulgated thereunder. If the work is subject to .the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann.§§22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. §22-9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. §22-9-309(a). ' If you have any questions please feel free to contact me at (501) 682-4536 or through fax at (501) 682-4508. sincerely, AL 1 Don Cash Prevailing wage Investigator ' enclosure 4-1 I J Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: September 16, 1996 DETERMINATION #: 96-100 PROJECT: Gravity Pressure Sewer COUNTY: Washington Replacement EXPIRATION DATE: 3-16-97 Fayetteville, Arkansas SURVEY #: 696-AH05 Welders --receive rate prescribed for craft performing operation to which welding is incidental. Certified July 1, 1996 Classifications that are not listed, but that are going to be working on this project, should be requested from the Arkansas Department of Labor, Prevailing Wage Division. These written ' requests should be made as soon as you notice that a required classification is missing, normally this would be during the bid process. 1 4-2 BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS Bricklayer/Pointer, Cleaner, Caulker 7.70 Carpenter 9.05 1.35 Concrete Finisher/Cement Mason 10.05 Electrician/Alarm Installer 12.00 Laborer 7.70 .46 Pipelayer 8.05 Truck Driver 8.55 .54 Power Equipment Operators: Bulldozer 11.95 Backhoe -Rubber tired(1 yd. or less) 10.10 1.15 Crane, Derrick, Dragline, Shovel & Backhoe, 1-1/2 yds. or less 11.55 Crane, Derrick, Dragline, Shovel & Backhoe, over 1-1/2 yds. 9.90 Front End Loader 11.15 Mechanic 7.70 Roller 9.75 Scraper 11.20 Welders --receive rate prescribed for craft performing operation to which welding is incidental. Certified July 1, 1996 Classifications that are not listed, but that are going to be working on this project, should be requested from the Arkansas Department of Labor, Prevailing Wage Division. These written ' requests should be made as soon as you notice that a required classification is missing, normally this would be during the bid process. 1 4-2 I I I I I I I I I I I I I I I I I I I § m ( § G %2g \ \ 4j o)(�\' / ;�\\\( ro {j%\�\ f »u» m 44 -W tra0 2141 /!\\kk \\\) 22 °® )§& §\�/�% §`/ 4-43 uRw� r©»%\2 \\\§2� Q>%�#f m3m®o® \Q \\�\f �Q\®#\ �})\\m ' ■R.k;Q } LO (a fi t gGRt� ' ®2GG© \4J S 04J 4J En in \§Sro&t Q§m%A° ®a00CQ (\44 �{{ w,04 4-1 \ % \\ §( �\\ k®% oaw Ua( q2m % ] \ § %k) �w) %A~ �W\ e � (tr t) mqw. ® 2Ln 2 ( E% (h2m m�m_q %\§\ w\)k bm\ wb% R §(§2\ m2k Q b§Q / R(\ I�] I IJ I BID GRAVITY PRESSURE SEWER REPLACEMENT Fayetteville, Arkansas City of Fayetteville Bid No. 9665 Plans No. Fy-260 Dated October, 1996 City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 To the City Council: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents, 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within fifteen days after the date of Owner's Notice of Award. ' 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: 1 I [J a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) and such addenda are attached to the Bid. 5-1 Number b) Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and ' Regulations that may affect cost, progress, performance and furnishing of the Work. d) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Bidder accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and ' drawings upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the ' accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having ' done so) all 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 and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and ' other terms and conditions of the Contract Documents. e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated tin the Contract Documents. f) Bidder has correlated the information known to Bidder, information and observations ' obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. ' g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement ' or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham ' 5-2 I I I 1 C 1 11 Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for Eight Thousand Five Hundred Seventy Dollars and 15/100--{$ 8,570.15 ). 5. The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 1. 31320 Linear Feet, 18" Diameter C905 PVC Pipe, DR 25, 165 psi, and fittings (either DI or PVC), complete in place Thirty -Six and no/100-------------- dollars (36.00 )�L F $ 119,520,00 (Dollar Amount Written in Words) (In Figures) (Total in Figures) 2. 255 Linear Feet, 18" Diameter C905 PVC Pipe, DR 25, 165 psi, and fittings (either DI or PVC), including removal and disposal of existing 14" pipe, complete in place Sixty -Three and no/100------------- dollars ( 63.00 )/L F 16,065.00 3. Lump Sum Crushed Stone Trench Backfill and Double Chip Seal of Street Five Thousand Nine Hundred Ninety and no/100---dollars 51990.00 ' 4. Lump Sum Construction, Maintenance, and Removal of Temporary Gravity Pressure Sewer Bypass 1 Six Thousand Nine Hundred Sixty -Nine and no/100aollars 5. Lump Sum Tie -In 18" Gravity Pressure Sewer to existing 14" gravity pressure sewer, including 18" plug valve, 2" sewage air release valve including valve vault, and all fittings, complete in place Nine Thousand Four Hundred Nine and no/100-----dollars 1 6. 11 200 Linear Feet, Nonreinforced Concrete Encasement, complete in place Twenty -Five and no/100------------- d011arS { 25.00 )/L.F. 1 5-3 6,969.00 9,409.00 5,000.00 I I PJ I J I I 1 Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 7. Lump Sum Trench or Excavation Safety System as required by Act 291 of the 1993 Arkansas General Assembly Eight Thousand Four Hundred Fifty and no/100---dollars $___!, �150*00 One Hundred Seventy -One Thousand Four Hundred Three and no/100--------- 171,403.00 TOTAL BID................11.11............... $ 5. (continued) The contract, if awarded, will be based on the lowest bid accepted by the City of Fayetteville. Unit prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit and lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that the Work will be substantially complete and the line in service within 45 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 60 calendar days after the date when the Contract Times commence to run. ' Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 1 ' 5-4 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. Submitted this 7th day of November 1 19 96 Respectfully submitted, Attest) (Seal, if bid is by corporation.) Arkansas License No. 0044240397 5-5 Edwards Design & Construction, Inc. (Firm Name) By /s/ Gary Edwards Gary Edwards Title President Post Office Box 1549 Springdale, Arkansas 72765 (Business Address & Zip Code)