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HomeMy WebLinkAbout111-98 RESOLUTION• RESOLUTION NO 111- 9 8 A RESOLUTION AWARDING BID NO. 98-57, IN THE AMOUNT OF $59,649, PLUS A CONTINGENCY AMOUNT OF $12,000, TO SWEETSER CONSTRUCTION, FOR THE LAKE LUCILLE SPILLWAY REPLACEMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby awards Bid No. 98-57, in the amount of $59,649, plus a contingency amount of $12,000, to Jerry D. Sweetser, Inc., d/b/a Sweetser Construction, for the Lake Lucille Spillway Replacement Project; and authonzes the Mayor and City Clerk to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. . PASY.11)ISED AND APPROVED this 18th day of August , 1998. gi r •moi `^'', APPROVE ^ S -;r' :r - B _• %vs, t'•.....•... ,. ATT'Esre.000i."yPor / . By: �,r,..yA . /i�xxX HeatherlWoodruff, CiClerk 1 Fred Hanna, Mayor 111 1, 1� 1. 1 1. 1 1 1 1 1 1. I MICROFILMED DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS LAKE LUCIJ.J.F SPILLWAY REPLACEMENT BID NO. 98-57 July 1998 OPENING: AUGUST 3, 1998, 2:00 PM, ROOM 326 CITY HALL, 113 WEST MOUNTAIN STREET FAYETTEVII J F, ARKANSAS 6r.ti x,."07-4 Gy 1 • P,..s S 41 E; "' k•. ,.T< la C4 t 6.1.,,''-c.6 c .1 CL3 v ‘4.a.PNAI D,R ACORD • CERTIFICATE --- Agency Rd, Suite AR 72703 Davis Fax No. OF :LIABILITY INSURANCECSR sP DK. OA /DDrrY) 08/31/98 PRODUCER Eason Insurance 2340 Green Acres P.O. Box 4217 Fayetteville Robert Michael Phone No. 501-521-2233 --- #10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Bituminous Insurance Co. INSURED Jerry Sweetser, Inc. 590 W. Poplar Fayetteville AR 72703 COMPANY B COMPANY C COMPANY D COVERAGES:-.:.:"- - - - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDf/Y) POLICY EXPIRATION DATE (MM/DD/YY) UMTS A GENERAL COMMERCIAL LIABILITY GENERAL CLAIMS MADE B CONTRACTOR'S LIABILITY OCCUR PROT CLP2306793 10/30/97 10/30/98 GENERAL AGGREGATE S 2,000,000 X PRODUCTS - COMP/OP AGG 52,000,000 1 X PERSONAL 8 ADV INJURY S 1 , 000 , 000 OWNER'S EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any one fire) S 100,000 MED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS CAP2508583 10/30/97 10/30/98 COMBINED SINGLE LIMIT S 1 , 000 , 000 X BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM CUP2520052 10/30/97 10/30/98 EACH OCCURRENCE S 1000000 X AGGREGATE 52000000 S A WORKERS COMPENSATION EMPLOYERSLIABILITY THE PROPRIETOR/ PARTNERS/EXECLMVE OFFICERS ARE: AND INCL EXCL WC3017427 10/30/97 10/30/98 WORV LIMRS OTH- ER EL EACH ACCIDENT S 100,000 ELDISEASE-POLICYUMTT 5500,000 EL DISEASE - EA EMPLOYEE S 100,000 OTHER DESCRIPTION LAKE OF OPERATIONS&OCATONSNEHICLES/SPECIAL ITEMS LUCILLE SPILLWAY REPLACEMENT JOB CERTIFICATEHOLDER: "... - _.,. .. _.... ........... .. - CIT1O10 CITY OF FAYETTEVILLE 113 W. MOUNTAIN ST. FAYETTEVILLE AR 72701 ACORD 25-S 0195) -`, ._ - - - - - CANCELLATION SHOULD ANY EXPIRATION 10 DAYSWRTITEN . - .... ... .:.: -- OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILTTY UPON THE COMPANY. ITS AGENTS OR RERRESENTATIVES. BUT FAILURE OF ANY KIND AUTHORIZED REPRESENTATIVE Robert Michael Davis .... ........ ._ .ACORDtORPORATION'1988:..: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contract 158 (Arkansas) (11-89) yWWW11111 /+del (t/U1111 /C:W4t((GVl fl7Jl1} UL1AMI11 U(< riNWIN) I1k311i'IJ(IfCalli> W4lig NNW�11i G tYIVA AWM41 N4-'-- t t UAIANTY COMPANY a heirs, and is may all such this action with or the it, or and Surety -,pEunya „ ., STATES State Surety, FlftyzNine..Thousand. Principal and contract if the the default, or performed Principal bond the (b) from the performance other personal exceed STALES UNITED STATES EG®EL9.I`: 4;r -lay 1 (A Stock Company) ARKANSAS STATUTORY PERFORMANCE We Jerry.. P...SWCRL.9f-.r...Z,r}C, as Principal, hereinafter called Principal, and UNITED coroporation organized and existing under the laws of the in the State of Arkansas, as Surety, hereinafter called City of Fayetteville.,.Arkanaas as Obligee, hereinafter called Owner, in the amount of . For tx. Nine .Dollars . and .00%1.00 Dollars ($.59,649.00 ), for the payment whereof personal representatives, successors and assigns, jointly Principal has by written agreement dated with Owner for furnishing all labor and materials Replacement, Fayetteville, Arkansas. which hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that on his part and shall fully indemnify and save harmless suffer by reason of failure so to do and shall fully reimburse which the Owner may incur in making good any such persons all indebtedness for labor or materials furnished persons shall have a direct right of action against the obligation, subject to the Owner's priority, then this obligation in full force and effect. No suit, action or proceeding shall be brought on this or proceeding shall be brought on this bond except by A.C.A. Section 22-9-403 (b) and A.C.A. Section 18-44-503 proceeding shall be brought by the Owner after two years Contract falls due. AND PAYMENT BOND FIDELITY AND GUARANTY COMPANY, of Maryland and authorized to do business are held and firmly bound unto Six. Bundred..and. and Surety bind themselves, their severally, firmly by these presents. entered into a contract for Lake Lucille Spillway is by reference made a part hereof, Principal shall faithfully perform the Contract Owner from all cost and damage which he and repay the Owner all outlay and expense and, further, that if the Principal shall pay under said Contract, failing which and Surety, jointly and severally, under shall be null and void; otherwise it shall remain outside the State of Arkansas No suit, Owner unless it is brought in accordance (Supp. 1987) as amended. No suit, action the date on which final payment under Contract, or in the work to be done under of the Contract, or any other forberance shall not in any way release the Principal representatives, successors or assigns of any such alteration, extension or forbearance the sum set out herein. 19 Jerry ,r, S etser, In_c., . Principal ,' esident p� 2FIDE ITY ,AND GUARANTY COMPANY Any alterations which may be made in the terms of the giving by the Owner of any extension of time for the on the part of either the Owner or the Principal to the the Surety or Sureties, or either or any of them, their heirs, from their liability hereunder, notice to the Surety or Sureties being hereby waived. In no event shall the aggregate liability of the Surety Executed on this day of By UNITED ,09* -� . za_ Robert M.: Davis Attorney-in-fact "91hf(lklC IA11R°J1RIfS(M:' IfiftWAIIIMAMOMIlikkAMe `_:' .:: >r` .,;ic lull(Utininankik'MP10i" f11f4 ✓iTif Contract 158 (Arkansas) (11-89) 1 1 1 1 1 1. 1 1 1 1 1 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY NO. 106636 1130962 +?GSFIGSS KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint A.P. Eason, Jr. and Robert M. Davis ofthecityof Fayetteville ,Stare of Arkansas its true and lawful Attomey(s)-in-Fact. each in their separate capacity if more than one is earned above, to sign its name as surety to, and to execute, seal and acknowledge soy and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; sad exerting or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Via President and Assistant Secretary, this 22nd day of January , A.D. 1993 UNITED STATES FIDELITY AND GUARANTY COMPANY St j y/ l'1,44. „{i,, a\��i4F C+., ver.,.i. / (Signed) By /�•c. ¢. '_ �'.+ (Signed) By Senior Via President °e: 'r .� $ *Assistant Secretary STATE OF MARYLAND) SS: 4 BALTIMORE Ct1Y ) 115 .OS) Ontbis22nd dayof JanuaryA.D.1993,beforemepersomaltycame Robert J. Lamendola Senior Via President of tbc UNITED STATES FIDELITY AN ..GUARANTY COMPANY=andl* Paul D, Sims ,Assistant Secretary of said Company, with both of whom I am personnallly,sc`quaintcd, who being'b3rh severally duly s�womW, said that they, the said Robert J . Lamendola and Paul D.�.”` Sms ? were respectivelythe Senior Via President and the Assistant Secretary of r?� fc the said UNITE) STATES FIDELITY AND GUARANTY COMPANY. the cofporarion described in:and ail/Which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the'aeil>iffxed to sand Pov9ofd'tiomey was such.cotponte seal, that it was so affixed by order of the Board of Directors of said corporation, and that t.t le v' 'G - w r tpo they signed their Dames thereto by like older ss Senior Via PrMerident and Assistant Secretary, respectively, of the Company. My Commission expires the llth daayy in//C/.' l4archf .. ,N` A:D.I99955. ed)✓ Y.✓F!� -`-Ss.' AeN. (Sig¢ � ,48‘‘a (5‘) NOTARY PUBLIC This Power of Attorney is granted under and bytuthhority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septembl r 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Via President, ora Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and otber writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by suck facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in•Fact shall have the power and authority, unless subsequently revoked and, in any case subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDEIIIY AND GUARANTY COMPANY, do hereby cenity that the foregoing is a true excerpt from the Resolution of the said Conipany as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effort. L the undersigned Assistant Secretary of the UNTIED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. , In Tedimony Whereof, I have hereunto set my band and the seal of e l NCIED STATES FIDELITY AND GUARANTY COMPANY on this day of . 19 ma a FS 3 (10-92) K•� Assistant Secretary 43.1t "kv f - Table of Contents 1. Advertisement for Bids 3 2. Instructions to Bidders 4 3. Statement of Bidder's Qualifications 12 4. Bid Proposal 14 5. Contract 17 6. Form of Arkansas Performance and Payment Bond 19 8. Standard General Conditions of the Contract 21 9. Supplement to the General Conditions 22 10. Detailed Specifications 25 Part I, Contract Stipulations 26 Part II, Material Specifications 32 Part III, Construction Specifications 34 2 ADVERTISEMENT FOR BIDS Lake Lucille Spillway Replacement Bid No. 98-57 City of Fayetteville, Arkansas Sealed bids for the Lake Lucille Spillway Replacement will be received by the City of Fayetteville, Arkansas in Room 326 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas 72701, until 2:00 p.m. local time on August 3, 1998 and then at said office publicly opened and read aloud. The proposed work consists of the concrete work mvolved in removing the existing spillway and replacing it in place. The quantity of structural concrete involved is approximately 103 cubic yards The Contract Documents, including detailed plans and specifications for the work may be exammed and obtained at the City of Fayetteville Engineering Office, Room 004, City Admmistration 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. 3 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 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, cis distinct from a sub -bidder who submits a bid to a Bidder. The term "Successful Bidder" will 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. Qualifications of Bidders. When mcluded 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, (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 4 (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 Conditions and any associated Supplementary Conditions. 4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional information, examinations, explorations, tests and studies which pertain to the physical conditions of the surface and subsurface at, or contiguous to the site or otherwise 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 which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained in advance by the Owner unless specifically noted otherwise in the Contract Documents. 4.7 The Bidder must satisfy themselves of the accuracy of 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 rmsunderstcmding concerning the quantities of Work or the nature of Work to be performed. 5 4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that he has complied with every provision and requirement of this paragraph four, that without exception the Bid is premised upon performing and furnishmg the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work. 5. Interpretations and Addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions, and/or any information deemed necessary by the Owner or Engineer, will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents Only questions answered and/or other information furnished by formal written Addenda will be binding. The Point of Contact for questions and clarifications for this specific project is 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 of 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 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 the 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 secunty 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. Liquidated Damages. Provisions for liquidated damages, if any, cue set forth in the Bid Proposal and/or the Contract Agreement. 6 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 substitutes or "or -equal" items. Substitute or "or -equal" items of matenals 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 substitutes 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 or as may be specified in the 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 will the Contractor allow any subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as required by the Contract Documents. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set forth in the Contract Documents including the Plans, Specifications, Contract and Bond(s). 11. Bid Proposal Form. 11.1 M bids must be made on the required Bid Proposal form contained in the Bidding Documents. Additional copies may be requested from the Engineer. 11.2 M blank spaces for Bid prices must be filled in, in ink or type written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. 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 acknowledgment 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 contractors' name and license number. The Bid shall be accompanied with the Bid Security and other required forms and documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate sealed envelope with the notation "Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. Modification and Withdrawal of Bids Bids may be withdrawn or modified by an appropriate duly executed document (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at cmy time prior to the opening of Bids. Such modification document shall bear an original signature. If, within 24 hours after the opening of Bids, any Bidder files a duly signed, wntten notice with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there is a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder shall be disqualified from further Bidding on the Work provided under the Contract Documents. 14. Opening of Bids. Bids will be opened and publicly read aloud at the lime and location as specified in the advertisement of mvitation for bids. A tabulation of the amounts of the Bids will be made available to the Bidders after preparation by the Engineer. 15. Bids to Remain Subiect to Acceptance. All Bids will 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 8 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 16.2 In evaluating the Bids, Owner will consider the qualifications of Bidders, whether or not Bids comply with the prescribed requirements, and such alternates unit prices, and other data, as may be requested in the Bid Proposal Form. 16.3 Owner may consider the qualifications and experience of the subcontractors, supphers and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers and other persons and organizations must be submitted as provided for in the Contract Documents. Owner may also consider the operating costs, mamtencmce requirements, performance data and guarcmtees of major items of material and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability if Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time 16.5 if the contract is to be awarded, it will be awarded to the lowest responsive, responsible, qualified Bidder whose evaluation by Engineer indicates to Owner that the award will be in the best interests of the Project and Owner. 16.6 if the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the date of the Bid opening. If deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 17. Contract Security. Article 5 of the General Conditions, and the associated Supplementary Conditions set forth the Owner's requirements as to Performance cmd Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 9 18 Signing of Agreement. When the Owner gives the Contractor notice of its intent to deliver to the City Council a recommendation to award the Contract, the Contractor shall sign a copy of the Contract with the required notary and witnesses. The Owner shall include that signed Contract with the Council Agenda. Once the Council has authorized the Mayor and City Clerk to execute the Contract, the Contractor shall, within 10 calendar days, sign, execute and deliver three (3) counterparts of the Contract and attached documents to the Owner with the required Bonds. Within ten (10) days thereafter Owner will deliver one fully signed and executed Contract to the Contractor. 19. Compliance with State Licensing Law. Contractors must be licensed in accordance with the requirements of ACT 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidder who submit Bids in excess of $20,000.00 must submit evidence of having a contractor's license before their Bids will be considered, and shall note their license number on the outside of their bid envelope 20. Labor Laws. The Contractor shall abide by all Federal State and Local Laws and Regulations governing labor The Contractor shall further agree to hold and save the Owner harmless from the payment of any contribution under the Stcrte Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas Stcrte Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. Wages and Labor Minimum wage rates shall be equal to the basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In cases where wage rate determinations are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, the Contractor shall make use of local common and/or skilled labor as is practical The Contractor and each subcontractor, where the amount exceeds $75,000.00 shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Stat. 14 630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor, 2) post the scale of wages in a prominent and easily accessible place at the site of the Work, 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages pcad to each of the workmen, which records shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. 10 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 workman employed by the Contractor or subcontractor has been, or is being paid a rate of wages less that the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate the Contractor's right to proceed with the Work or such part 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 hable for any costs occasioned thereby. 22. Compliance with Act 125, Arkansas Acts of 1965 The attention of Bidders is called to the provisions of Act 125, Arkansas Acts of 1965 This act provides for the payment of certain taxes on materials and equipment brought into the State. It further provides for methods of collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall be complied with under this Contract. 23. Withholding State Income Taxes. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid employees, whether such employees are residents or nonresidents of Arkansas. 24. Compliance with Rules and Regulations for the Enforcement and Administration of Act 162, Arkansas Acts of 1987. The attention of all nonresident Bidders is called to the provisions of Act 162, Arkansas Acts of 1987. This act provides for nonresident Contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Dept of Finance and Administration, P.O. Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under contract within the State of Arkansas. 25. Subcon ractors Bonds - Act 190, Arkansas Acts of 1993. The attention of Bidders is called to the provisions of Act 190, Arkansas Acts of 1993 In general, this act provides for the subcontractors to provide to the General Contractor performance and payment bonds, with certain regulations on form and time, when the subcontractor's bid is in excess of $50,000.00. 26 Excavation Safety. The attention all Bidders is called to the requirements of Act 291, Arkansas Acts of 1993 - Excavation and Trench Safety. The current edition of Occupational Safety and Health Administration Standard for Excavation and Trench Safety Systems, 29 CFR 1926, Subpart P, is specifically incorporated by reference and made a part of these specifications and contract documents as required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. 11 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered cmd the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate sheets and then attached to this statement. The Bidder may submit any additional information that he desires. 1. Name of Bidder. JERRY D. SWEETSER, INC 2. Permanent main office address and telephone number. POPI-AR 3. When organized. FAy�ILLE. AR 72709 / 96 7 4. If a corporation, where incorporated. ARKANSAS 5. Contractor's License number©Og 74763 I9 6. How many years have you been engaged in the contracting business under your present firm or trade name? 3 7. Contracts on hand. (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completions, and a point of contact for references.) 8. Have you ever failed to complete any work awarded to you? ND 9. Have you ever defaulted on a contract? If so, where and why? jvD 10. Experience in construction similar in size and scope to this project, along with the project owners and engineers. iUe„ to!///z.dv ,*N betZe .-s o. G/s%,FfzsQ 11. List of major equipmer3t available for this contract. 12. You will, upon rdquest, fill out a detailed financial statement, including credit worthiness, and furnish any other information that may be required by the Owner. NO 12 STATEMENT OF BIDDER S QUALIFICATIONS (Continued). J55 WEST POPLAR FAYET,'TEVILLE, AR 72703 Dated at this day of , 19_78 Name of Organization: JERRY D. SWEETSER, INC, By: WILLIAM G. SWEETSER Title: PRESIDENT State of ARKANSAS County of goSline gA7 WILLIAM G. SWEETSER being duly sworn deposes and says that he (she) is the PRESIDENT of JERRY D, £WEETsE C . Contractor(s), and that answers to the foregoing questions and all statements` therein contained are true and correct. Subscrib an. s before me this3Ld day of /4i/,fu.Sf 9g a AL a EFIRNME BOWERMAN OTARY PUBLIC -ARKANSAS PPON'UN/a M My commission �' M8 CO Ali. r.: 106 (seal) 13 BID PROPOSAL, BID 98-57 LAKE LUCII IF SPILLWAY REPLACEMENT (A Unit Price Contract) Place C/ Date r� /jt%// fiern >7ir Proposal of JERRY i% SWEETSER, INC hereinafter called Bidder• operating as a Corporation ii (], a Partnership [ ], or an Individual [ ] (check applicable box). If Bidder is a Corporation, the corporation is organized and exists under the laws of the State of KANSAS TO THE CITY OF FAYEITEVIJ.i.F, ARKANSAS: The Bidder, in compliance with your Invitation to Bid for the Lake Lucile Spillway Replacement, having examined the Plans and Specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to construct the project in accordance with the Contract Documents within the time set forth therein, and at the Unit Prices stated in this Proposal The Unit Prices given shall cover all expenses incurred in performing the work required under the Contract Documents, of which this Proposal is a part. Bidder agrees to commence work under this Contract in accordance with a written Work Order of the City Engineer and to substantially complete the work w'ithu'57 calendar days from the date given in the Notice to Proceed. Bidder further agrees to pay as liquidated damages (and not as a penalty), the sum of ($1500.00 per.day in the event the project is not substantially completed within the time specified. Bidder acknowledges the receipt of the following Addenda: 14 BID PROPOSAL, BID 98-57 (Cont'd) )aid Ouantity and Unit Price Schedule ITEM DESCRIPTION UNIT PRICE NO. OF WORK ITEM (Figures and Words) EXTENSION off/ 1. 103 Cu. Yds. ($ anal. /ITRFE 1�w izt l/oD s3' �1�0. Structural Concrete in Place 2. 100 Cu. Yds. ($ 02 /.CV) 7w w7/ 1ovE. /o02400 et° Washed Gravel in Place 3. 160 Tons ($ ,/O 5/ylE(4/ .:14 70. 5 /� Class 7 Base Under the Spillway Structure 00 4. 85 L.F. ($ ?(J• ) brie ' aF5 10" PVC Sewer in Place to 5. 22 L.F. ($.3 b ) 6" PVC Sewer in Place 6. 2 Each ($SGY�•) Connections to Existing Manhole co 7. 3 Cu. Yds. ($ ISO. ) Concrete for Encasement 8, 40 Cu. Yds. ($ 02 ) ralewr 4,zz Bedding and Backfill Material for Sewers tan - 9. 1 Each ($ / %8) /U/Mace LAN02iD function Box and " RCP 10. 1 Lump Sum ($ 99(7O.) Awe /fferis b Demolition 1 Lump Sum ($1/Pc23T) fota /�Ss#ie Site Restoration 12. 1 Lump Sum ($3 I00 ) TE lldl+axer Trench Safety TOTAL BID PRICE $ J eve s-� 11. ./980- 300 4 15 BID PROPOSAL, BID 98-57 (Cont'd) AMOUNTS ARE TO BE SHOWN IN BOTH WORDS AND FIGURES. IN CASE OF DISCREPANCY, THE AMOUNT SHOWN IN WORDS SHALL GOVERN NOTE: The cost of all work described in the specifications and shown on the plans or otherwise indicated or implied shall be included in the Lump Sum and Unit Prices shown above and no work will be pmd for separately. Bidder shall prepare a financial statement and equipment schedule as described in Paragraph I of the Instructions for Bidders. Such statement shall be submitted with this Proposal Bidder understands that the Owner reserves the right to reject any or all bids cmd to waive formalities in the bidding. Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 calendar days from the date set for receiving Bids. Upon receipt of notice of acceptance of this Bid, Bidder will immediately execute the formal Contract attached within and deliver to the City a Surety Bond or Bonds as required in the Specifications along with Certificates of Insurance. The Bid Security attached in the sum of Five (5) percent of the Total Bid is to become the property of the Owner in the event the Contractor is unable to enter into a Contract within 10 days from the time of Bid Award notification. SEAL (if corporation) JERRY D. SWEETSER; INC, Submitted by: WILLIAM G. SWEETSER If awarded the work, the following subcontractors will be used 16 • •