HomeMy WebLinkAbout132-98 RESOLUTION•
RESOLUTION NO 132'98
A RESOLUTION AWARDING BID NO 98-66 TO BASIC
CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF
$891,212, PLUS A CONTINGENCY AMOUNT OF $100,000, FOR
THE WATER SYSTEM IMPROVEMENTS, PHASE II, SECTION
1:WATER LINE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS -
Section 1. The City Council hereby awards Bid No. 98-66 to Basic Construction
Company, Inc , in the amount of $891,212, plus a contingency amount of $100,00, for Water System
Improvements, Phase II, Section 1: Water Line; and authorizes the Mayor and City Clerk to execute
a contract for said amount. A copy of the contract is attached hereto marked Exhibit "A" and made
a part hereof.
ASSED AND APPROVED this day of October , 1998.
s,11,Y , APPROVE
ItY.
4161
ty a�Z� obi, te By
aim �`'y.,;,l.y =t F ed Hanna, Mayor
:.r
.
.1-.•.
Ar?TESL ,,i,,; .>
By./%/‘Smw Q
Heather Woodruff, Ci
gir
32-
CONTRACT
EXHIBIT Ofp7NER
SPECIFICATIONS AND CONTRACT D,OCU�MENTS
WATER SYSTEM IMPROVEMENTS
Phase II - Highway 45 East Area
Contract Section I
Water Line
For the City of
FAYETTEVILLE, ARKANSAS
Plans No. Fy-268
February, 1998
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
01998 McGoocN+ln, Williams and Yates
ADDENDUM NO. 2
Water System Improvements
Phase I1 - Highway 45 East Area
CONTRACT SECTION I
WATER LINE
For the City of
Fayetteville, Arkansas
Pians No. Fy-268
Dated February, 1998
The Specifications and Contract Documents and the Plans for the above project are
hereby changed or clarified in the following particulars:
SPECIFICATIONS
Section 5 - Bid
Page 5-4, Item No. 7, Estimated Quantity, has been changed to 9. Insert the
enclosed revised page 5-4 over the existing page 504 by taping or stapling.
Section 01025 - Methods of Measurement and Payment
Page 01025-3 - Bid Item 15 - Tie -In to Existing 36" Water Line
On the fourth line, after the word complete, insert the following: ...including
furnishing and installing 36 Inch, Class 50, Gaged Ductile Iron pipe, as may be
required, ...
Section 02598 - PVC Water Line
Page 02598-1 B.1.
Change 18 Inch C905/DR14 200 psi - to C905/DR18 235 psi
Change 16 Inch C905/DR14 200 psi - to C905/DR18 235 psi
PLANS
Sheet C-1
Sta. 0+00 - Add 36 Inch solid sleeve and note to traddle 36 Inch pipe and
fittings with concrete to 20% of pipe diameter."
Sta. 0+00 to 1+00 - Contact property owner Park and Patricia Waldroup at least
one (1) week prior to construction to allow adequate time to remove small trees
from easement. (Phone 444-9571 - Home; 927-7518 - Work)
Sta. 0+50 to 8+00 - Contact property owner Daniel and Anita Capstick at least
one (1) week prior to construction to allow for time to remove zoysia sod. (Phone
839-3468)
Plans (Cont'd.)
Sta. ± 8+50 - The 30 Inch steel encasement length should be 60 feet, not 30 feet
as shown.
Sta. 12+00 to 22+00 - Provide owners additional seed for their use (property
owner plans to reseed if first seeding does not yield grass cover.) Driveway may
be closed for a period of not more than four (4) hours. Contractor shall advise
Owner eight (8) hours prior to closing of driveway.
Sheet C-4
Add 18 Inch butterfly valve at Sta. 86+12.
GENERAL
Acknowledge receipt of Addendum No. 2 in the space provided on page 5-1 of the Bid.
r
August 28, 1998
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
Phone (501)443-3404
2
1
Item Estimated Total
I No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount
7. 9 Each, 18" Butterfly Valves, installed with
I accessories, complete in place
dollars ( 1/Each $
1 8. 5 Each, 16" Butterfly Valves, installed with
accessories, complete in place
1 dollars ( )/Each
9. 3 Each, 12" Butterfly Valves, installed with
1 accessories, complete in place
dollars ( 1/Each
■ 10. 4 Each, 6" Gate Valves, installed with
accessories, complete in place
1 dollars ( )/Each
I 11. 20 Each, Fire Hydrant Assemblies, including
auxiliary valve, for a complete installation
1 dollars ( )/Each
12. 100 Cubic Yards, Crushed Stone Pipe Bedding
I Material for Undercut, complete in place
dollars ( )/C.Y.
1 13. 400 Linear Feet, Crossings for Paved Street
(Concrete or Asphalt), Driveway or Parking
Lots, including trench backfill and
surface repair, complete in place
I dollars ( )/L.F.
14. 700 Linear Feet, Crossings for Unpaved Street,
Driveway or Parking Lots, including trench
I backfill, compaction and surface repair,
complete in place
1 dollars ( )/L.F
1 Addendum No. 1
5-4
1 ADDENDUM ND. 1
' Water System Improvements
Phase II - Highway 45 East Area
CONTRACT SECTION I
WATER LINE
For the City of
Fayetteville, Arkansas
Plans No. Fy-268
Dated February, 1998
1 The Specifications and Contract Documents and the Plans for the above project are
hereby changed or clarified in the following particulars:
1 SPECIFICATIONS
Section 5 - Bid
1 Add new Bid Items 32, 33, 34 and 35 (control and pressure reducing valves) to
the Bid. [These Bid Items have been incorporated into the Bid.]
1 Section 01025 - Methods of Measurement and Payment
Add new paragraph for payment of Bid Items 32-35 (control and pressure
reducing valves) to page 01025-6. [This paragraph has been incorporated into the
Specifications on page 01025-6.]
1 Section 02640 - Control and Pressure Reducing Valves
Add new Section 02640 (enclosed) to these Specifications and Contract
1 Documents. [This section of the Specifications has been incorporated into the
Specifications in the proper sequence.]
PLANS
Sheet C-8
Add Sheet C-8 detailing pressure reducing valves. [Sheet C-8 has been
incorporated into the Plans.]
GENERAL
Acknowledge receipt of Addendum No. 1 in the space provided on page 5-1 of the Bid.
1 August 7, 1998
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
Phone (501)443-3404
FAX (501)443-43401
SPECIFICATIONS AND CONTRACT DOCUMENTS
WATER SYSTEM IMPROVEMENTS
Phase II - Highway 45 East Area
Contract Section
Water Line
For the City of
FAYETTEVILLE, ARKANSAS
Plans No. Fy-268
February, 1998
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
01998 McGoodwln, Williams and Yates
1
1
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1
1
1
1
1
1
1
1
1
1
1
1
1
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1
TABLE OF CONTENTS
1 ADVERTISEMENT FOR BIDS
2 INSTRUCTIONS TO BIDDERS
4 ARKANSAS DEPARTMENT OF LABOR
WAGE DETERMINATION
5 BID
6 AGREEMENT
7 PERFORMANCE BOND AND PAYMENT BOND
8 GENERAL CONDITIONS
SC SUPPLEMENTARY CONDITIONS
DIVISION 1 - GENERAL REQUIREMENTS
01000 PROJECT REQUIREMENTS
01025 METHODS OF MEASUREMENT AND PAYMENT
01341 USE OF EXPLOSIVES
01335 SUBMITTALS
01535 VIDEO TAPE RECORDINGS OF SURFACE CONDITIONS
01620 STORAGE AND HANDLING OF MATERIALS
01660 TESTING
DIVISION 2 - SITEWORK
02110 CLEARING RIGHTS OF WAY, CUTTING AND
REPAIRING FENCES
02113 SURFACE REMOVAL
02221 PLACING PIPE PROTECTION COVER AND
COMPACTED BACKFILL
02454 WATER LINES AT STREAM AND CREEK CROSSINGS
02461 AGGREGATE BASE COURSE, CLASS 7
02499 DRIVING SURFACE REPAIR
1
02510 STREET AND COUNTY ROAD CROSSINGS
02565 DUCTILE IRON PIPE AND FITTINGS FOR WATER LINES
1 02566 POLYETHYLENE ENCASEMENT
02567 PIPE CULVERTS
I
02598
02639 PVC PIPE AND FITTINGS FOR WATER LINES
FIRE HYDRANTS
02640 CONTROL VALVES
I 02641 WATER SERVICE RECONNECTION
02642 GATE VALVES AND BUTTERFLY VALVES
02643 FLUSHING, HYDROSTATIC TESTING, DISINFECTION
1 AND DYNAMIC TESTING OF WATER LINES
02920 PIPELINE CLEANUP AND SEEDING
1
DIVISION 3 - CONCRETE
1 03305 CONCRETE
IDIVISION 16 - ELECTRICAL
' 16120 WIRE AND CABLES
1
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1 II
ADVERTISEMENT FOR BIDS
Notice is hereby given that, pursuant to an order of the City Council of the City of
Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall,
113 West Mountain Street, Fayetteville, Arkansas, until 1.30 p m. on Tuesday,
September 1, 1998, for furnishing all tools, materials and labor and performing the
necessary work for construction of Water System Improvements; Phase II - Highway
45 East Area; Contract Section I: Water Line [City of Fayetteville Bid No. 98-66]. At this
time the bids received will be publicly opened and read aloud in Room 326 of City Hall.
The work generally consists of:
Approximately 8,700 linear feet of 18 inch, 3,500 linear feet of 16 inch, and
3,600 linear feet of 12 inch ductile iron or C900 and C905 PVC water line
pipe (Contractor's option), together with appurtenances, including 13,000
linear feet of street overlay, and all other necessary appurtenances for a
complete installation.
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.
Each bid must be accompanied by an acceptable statement of bidder's qualifications.
The requirements of the bidder's statement of qualifications will be furnished to
prospective bidders with plans and specifications.
Each bid must be accompanied by an acceptable form of bid guaranty in the amount
equal to at least five percent of the whole bid, and such bid bond or cashier's check shall
be subject to the conditions provided in the Instructions to Bidders.
Bids must be made upon the official bid sheets contained in the specifications, and such
bid sheets shall not be removed from the remainder of the Specifications and Contract
Documents. All bids shall be sealed and the envelopes addressed to the 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 Water System Improvements; Phase II - Highway 45 East
Area; Contract Section I: Water Line [City of Fayetteville Bid No. 98-66], 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.
Attention is called to the fact that the minimum prevailing wage rates for each craft or
type of worker and the prevailing wage rate for overtime work as determined by the
1-1
Arkansas Department of Labor shall be paid.
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 9th day of
August
1-2
, 1998.
/s/ Peggy Vice
Peggy Vice, Purchasing Officer
Instructions
to Bidders
INSTRUCTIONS TO BIDDERS
1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined
in the Standard General Conditions of the Construction Contract (No. 1910-8)
(1990 Edition) have the meanings assigned to them in the General Conditions. Certain
additional terms used in these Instructions to Bidders have the meanings indicated below
which are applicable to both the singular and plural thereof.
1.1 "Bidder means one who submits a Bid directly to Owner, as distinct from a sub -
bidder, who submits a bid to a Bidder.
1.2 "Issuing Office" means the office from which the Bidding Documents are to be
issued and where the bidding procedures are to be administered
1.3 "Successful Bidder" means the lowest, responsible and responsive Bidder to
whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an
award.
1.4 "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions
to Bidders, the Bid Form, and the proposed Specifications and Contract Documents
(including all Addenda issued prior to receipt of Bids).
2. COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the amount, if any,
stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon
request.
2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither
Owner nor Engineer assume any responsibility for errors or misinterpretations resulting
from the use of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the
above terms do so only for the purpose of obtaining Bids on the Work and do not confer
a license or grant for any other use.
3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the
Work, each Bidder must submit with his Bid 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.
2-1
Instructions
to Bidders
1
1
STATEMENT OF BIDDER'S QUALIFICATIONS 1
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
•
1) Name of Bidder.
2) Permanent main office address.
3) , When organized.
4) If a corporation, where incorporated.
1
1
•
5) Howmany years have you been engaged in the contracting business under your
1
present firm or trade name?
Contracts on hand. (Schedule these, showing amount of each contract and the
appropriate anticipated dates of completion.) - 1
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 ona contract? If so, where and why? 1
10) List the more important projects recently completed by your company, stating the
approximate cost for each, and the month and year completed.
11) List your major equipment available for this contract.
12) 'Experience in construction similar in size to this project, along with project owners
and engineers.
13) •Background and experience of the principal members of your organization, 1
including the officers.
14) Credit available: $ 1
15) .Give bank reference:
16) Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Owner?
Dated at this day
of ,19
2-2
1
1
1
1
Name of Organization:
State of
County of
.. • -'ti-
Instructions
to Bidders
By
Title
being duly sworn deposes and says
that he (she) is the of
, Contractor(s), and that
answers to the foregoing questions and all statements therein contained are true and
correct.
Subscribed and sworn before me this
19
day of
Notary Public
My commission expires
(Seal)
4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1 It is the responsibility of each Bidder before submitting a Bid:
4.1.1 to examine thoroughly the Contract Documents and other related data identified
in the Bidding Documents (including "technical data" referred to below);
4.1.2 to visit the site to become familiar with and satisfy Bidder as to the general, local
and site conditions that may affect cost, progress, performance or furnishing of the Work,
4.1.3 to consider federal, state and local Laws and Regulations that may affect cost,
progress, performance or furnishing of the Work;
4.1.4 to study and carefully correlate Bidder's knowledge and observations with the
Contract Documents and such other related data;
4.1.5 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies
which Bidder has discovered in or between the Contract Documents and such other
related documents.
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 Supplementary Conditions.
4.4 Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders with respect to subsurface conditions, other physical conditions and
Underground Facilities, and possible changes in the Contract Documents due to differing
or unanticipated conditions appear in paragraphs 4.2 and 4.3 of the General Conditions.
4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, be responsible
to obtain such additional or supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surface, subsurface and Underground
Facilities) at or contiguous to the site or otherwise, which may affect cost, progress,
performance or furnishing of the Work or which relate to any aspect of .the means,
methods, techniques, sequences or procedures of construction to be employed by Bidder
and safety precautionsand 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
Instructions
to Bidders
deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and
restore the site to its former condition upon completion of such explorations,
investigations, tests and studies.
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 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
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 andmet the other
conditions of the Notice of Award, whereupon the Bid security will be returned. If the
Successful Bidder fails to execute and deliver the Agreement and furnish the required
contract security within 15 days after the Notice of Award, Owner may annul the Notice
of Award and the Bid security of that Bidder will be forfeited. The Bid security of other
Bidders whom Owner believes to have a reasonable chance of receiving the award may
be retained by Owner until the earlier of the seventh day after the Effective Date of the
Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by
such Bidders will be returned. Bid security with Bids which are not competitive will be
returned within seven days after the Bid opening.
8. CONTRACT TIMES. The numbers of days within which, or the dates by which,
the Work is to be substantially completed and also completed and ready for final payment
(the term "Contract Times" is defined in paragraph 1.12 of the General Conditions) are
set forth in the Agreement (or incorporated therein by reference to the attached Bid
Form).
9. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth
in the Agreement.
10. SUBSTITUTE OR "OR -EQUAL" ITEMS The contract, if awarded, will be on the
basis of materials and equipment described in the Drawings or specified in the
Specifications without consideration of possible substitute or "or -equal" items.
Whenever it is indicated in the Drawings or specified in the Specifications that a
substitute or "or -equal" item of materials or equipment may be furnished or used by
Contractor if acceptable: to Engineer, application for such acceptance will not be
considered by Engineer until after the Effective Date of the Agreement. The procedure
for submission of any such application by Contractor and consideration by Engineer is
set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and maybe
supplemented in the General Requirements.
11. SUBCONTRACTORS, SUPPLIERS AND OTHERS. The Contractor shall not
assignor sublet all or any part of this Contract without the prior written approval of the-
Owner
heOwner 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
12. BID FORM
•
Instructions
to Bidders
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.
13. SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated
in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed
envelope, marked with the Project title (and, if applicable, the designated portion of the
Project for which the Bid is submitted) and name and address of the Bidder and
accompanied by the Bid security and other required documents. If the Bid is sent
through the mail or other delivery system, the sealed envelope shall be enclosed in a
separate envelope with the notation "BID ENCLOSED" on the face of it. THE BID
FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT
DOCUMENTS.
14. MODIFICATION AND WITHDRAWAL OF BIDS
14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in
the manner that a Bid must be executed) and delivered to the place where Bids are to
be submitted at any time prior to the opening of Bids.
14 2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written
notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction
of Owner that there was a material and substantial mistake in the preparation of its Bid,
that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that
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 fads to meet any
other pertinent standard or criteria established by Owner. Owner also reserves the right
to waive all informalities not involving price, time or changes in the Work and to negotiate
contract terms with the Successful Bidder. Discrepancies in the multiplication of units of
Work and unit prices will be resolved in favor of the unit prices. Discrepancies between
the indicated sum of any column of figures and the correct sum thereof will be resolved
in favor of the correct sum. Discrepancies between words and figures will be resolved
in favor of the words.
17.2 In evaluating. Bids, Owner will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and such alternates, unit prices
and other data, as may be requested in the Bid Form or prior to the Notice of Award.
17.3 Owner may consider the qualifications and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the Work
as to which the identity of Subcontractors, Suppliers, and other persons .and
organizations must be submitted as provided in the Supplementary Conditions. Owner
also may consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation in the
Work when such data is required to be submitted prior to the Notice of Award.
17.4 Owner may conduct such investigations as Owner deems necessary to assist in
the evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of Bidders, . proposed Subcontractors, Suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed time
17.5 If the contract is to be awarded, it will be awarded to the lowest responsive,
responsible Bidder whose evaluation by Owner indicates to Owner that the award will be
in the best interests of the Project.
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Instructions
to Bidders
•1j . . I
17.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice
of Award within 60 days after the day of the Bid opening.
18. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the
Supplementary Conditions set forth Owner's requirements as to Performance and
Payment Bonds. When the Successful Bidder delivers the executed Agreement to
Owner, it must be accompanied by the required Performance and Payment Bonds.
19. 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. 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 $20,000
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.
21. 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.
22. 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.
The Contractor and Subcontractor shall:
1) pay the minimum prevailing wage rates for each craft or type of workman
and the prevailing wage rate for holiday and overtime work, as determined
by the Arkansas Department of Labor.
2) post the scale of wages in a prominent and easily accessible place at the
site of the Work
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