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HomeMy WebLinkAbout85-98 RESOLUTIONs RESOLUTION NO 85-qg A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH KELLY EXCAVATING COMPANY, IN THE AMOUNT OF $69,590.63, PLUS A PROJECT CONTINGENCY OF $14,000, FOR THE SUMMIT TANK SITE RESTORATION PROJECT; AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $78,400. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 The City Council hereby approves a construction contract with Kelly Excavating Company, in the amount of $69,590.63, plus a project contingency of $14,000, for the Summit Tank Site Restoration Project; and authorizes 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. Section 7 The City Council hereby approves a budget adjustment in the amount of $78,400 increasing Contract Services, Acct. No. 5400 5600 5315 00, Project No. 98075 20, decreasing Use of Fund Balance, Acct. 5400 0940 4999 99. A copy of the budget adjustment is attached hereto and made a part hereof. ^'PASSED AND APPROVED this`CL" day of June , 1998. •41r'r - `g APPROVED; By. • '. pti, !•+ a;T Ttri By. 1// ti /1,10,1Heather Woodruff, Ci Clerk Fred Hanna, Mayor 1� City of Fayetteville, Arkansas Budget Adjustment Form z Budget Year 1998 Department: Public Works Division: Water & Sewer Program: Water Mains Date Requested 06/09/98 Adjustment # Project or Item Requested: Funding is requested to purchase fill material for the recently demolished summit tank site on MT Sequoyah. Project or Item Deleted: None. Use of Fund Balance is proposed for this adjustment. Justification of this Increase: Fill material is needed to replace the soils removed when the structure was originally constructed. Justification of this Decrease: Sufficient cash & investments exist to fund planned expenses and this request and comply with City policy. Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Contract Services 78,400 5400 5600 5315 00 98075 20 Decrease Expense (Increase Revenue) Account Name Amount Use of Fund Balance Account Number Project Number 78,400 5400 0940 4999 99 Approval Signatures ReqtedBy es -9-7e Date 6-4-98' dget Coordinator Date •L 6 ��IP epartmen %rector Date Admin Serves Di (114 Mayor C-10 98_- 6J»4/Date Date Type: A Date of Approval Budget Office Use Only Posted to General Ledger Posted to Project Accounting Entered in Category Log E (blue Cope: Budget ri Research Yellow Copt: Reque.ste - (':.IPh9Sl3LD 13.-I.1D,J iIT_SEOL111'K4 JUN -19-1998 1108 FROM WALKER BRO INS TO 5758316 P.01 JUN -19-1998 09:39 WALKER BRO INS TOTAL P.01 P.01 ' :N ACOIIiD I C:\:.f � t;E :« `:: •ca- 9 sa - }r :f:1 T 7 .;�: ,�J :».. a6f lu :' PRODUCER I i Walker Broo.. lnuurance, Inc. P .0. Drawer J THIS CE RTIhICARE ISISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND ALTER THE COVERAGE AFFORDED BY THE POLICIES OR BELOW. Springdale AR 72765-2095 COMPANIES AFFORDING COVERAGE Gene Sennett PNOne No. 5(il-t51-4677 ca lb. COMPANY ' A General Accident Insurance INSURED 1 COMPANY B Lynn Kelly tn>,ckiag,Xelly Brothelra,Selly Excavation COMPANY C 7 East 15th Street Pori EU vilue AR 72701 COMPANY D 0 <ii>i:j:C t*?>h':.:j:h«:::5:� C:S::i$i<:>3i'";::i:':::::[:i? i= i:::>»::>::i::::> ' `<::: ,:i= s:;:5r: :::i:i22 ::i:>[s: 5t`:::c•i:: • >:;: � :;:; THIS IS TO IrRflFY THAT THE PODCIE$ OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSLMED NAMED ABOVE FOR THE PODGY PERIOD CCIMN OF ANYNTRACr OR OTHER COMMENT WrtH'FESPECT TO MCN TPS INDICTED. NOTWITHSTACING ANY REOIIIRBAFXf. TSBA OR DOCO GE MAI'BE aim DR MAY Peiim. TIE INSURANCEAFFOROFD EY THE POLICIES DE$CRRSI HEREIN IS sus QCT TO ALL THE TERMS. 62TWtA1 EXCLUSIONS AND CONDITIONS OF EOf71 POLICES. LOOPS SHOWN /RAY HAVE BEEN REDUCED BY PAD CLAMS CO UR TTyre*INSURANCE POLICY INUMBERDA f Y ECT O M D"M POLICY orrg f LENTS A GENERAL LIMO* CPP114985802 06/16/98 06/16/99 GENERALABCRECATE $ 2000000 PRODUCTS• COMTVOPAGG .$2000000 R coonWec&GatEr cAnuTY PERSONAL d ADVNJWRY .,61000000 . - ICLAIMS MAGE R OCCUR EACH OOW $ 1000000 OYNtTRShcOONTPAGTOWS PROT FRE DAMADP(Any one Be) :1 50000 NAW.DLF(AriOneINFMNN '1$5000 A AUTOMORKE LLAHILTTT' RA025769103 06/16/98 06/16/99 - COHERED ENGLE LIMIT ' s1000000 X ANYATRo i EICOKY KURT (Per POW) $ ALLOYNEi AUTOS SCHEDULEDAUTOS BOOK.? BOOILYRLRAY it HIRED T. I PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY- EAAOCIDPNT ',$ OTHER TIUN AUTOONLY: .... ....... ...... ANY AUTO j EICHACCIUENT .$ AGGREGATE :$ EXCESS 1 - WC015280402 06/16/98 - 06/16/99 EACH OCCURRENCE $ AGGREGATE .$ -- ..— UY®NELLA irORN OTHERTR4I UMECeLLA PORN Milts TE ;$ :'}Ci: i::: ' ' A WORKERS EMPLO'ERS-U ON AND Ltry a EAGN AGpcENT `$ 500000 aasFkE-PGuwLPR ;$500000 TICE PROPRIETOR/. IRO- 0.DISEASE -EA EMPLOYEE .$500000 OFPICPISARP I EMs- OTHER I 4VLEWSPML ITEMS 'OESCAwPfpN OF OPEI�AYIDNSILOOATIONSNBES 'Re£erencid: 1 Summit Job :£SRTi..CATB.HOEt1ER:. i :;=::.: `:..:.i .:•: :::• :2':' :.::.:.f:.:: .:<;•::. i '......IIATION::.:.;:::: • • • . ) ........... .. •CITS001 Citta of Fayetteville 311°11p Donald Bunn -::.- ::'a» . :::; : I:I:i :.-.* `' : ' :''' - • ...SHOULD ANY OF THE !ABOVE DESCRIBED POLICIES eac.NcaupeEFORET6 EXPIRATION DATE THEREOF:IHEISSUING COMPANY WEL ENDFAVORTO NAIL 10 DAYSWBTTEM NOTICE TO THE CB.TFlCATE HOLDER NAMED TO TM HEFT, 'City Engineer 1113 '.7P. MOTaltain PiyAitt®villa AA 72701 BUT FALLmE TO MAL GuCH NOTICE SNARL IMPOSE NO OBLIGATION OR 11413/17Y §ABEMS�1/fARMS. RIZEDRE REPRESENTATIVE AUTHORIZED ROuPCO ifATNE H ii25S ..._.. ............. ..... Gene Sennett ......................................:`i1MEtrip'0•-,••e,:-TIk'Iim: lerlOtVm- JUN -19-1998 09:39 WALKER BRO INS TOTAL P.01 P.01 • • HRhH 11:1•17 • N:I e3=1 8.7 0E2 4t15.1 1 ry/.a1-Nb STATEWIDE INSURANCE COMPANY 11:. • PO. BOX Are 6007V099 ]CSNORTH Gr7JEsIE sr. HMVKEG4Y•etINOIS 60045lrn9 •147,W can.WAX sang 4152 Bond No: B033-80827 SUBCONTRACT LABOR ANL/ MATERIAL PAYMENT BONG Kelly Excavation, Lynn Kelly dba KNOW ALL MEN BY THESE PRESENTS: That as Pdnchial, herch eller called Pandpel and STATE I ru3 RttlayeCtOMrAlJXl..p-esuret)'• hereinafter celled Surety, am held and thinly bourn' unto YY 1 Aa Sixty-nine thousa°n e bereln Iter ed Obligee, for the use end benefit of claimants -as herehlbelow defined, h the eve dune reninety-one pr,Umsj$ 69,591 ),fm the payment amou o whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, JolnUy and sovomlty, fianly by those presents. • WHEREAS, Principal has by whiten stream ql led 6/10/98 entered into asnbcnnRedwtih Obligeelm filling, grading & sodding at previous water:storage facility in accordancevsitr drawings end spedrirnflms prepared by Donald R. burn, City of 1'ayetteville Engineer which subcontract Is by reference made a part hereof, and Is heteaflet referred to as the subcontract. NOW, THEREFORE, THE CONDITION OF THIS OBUOATION is such that If the Prhdpal shall promptly make payment to all ciaiman 1z as ;meager defined, for all labor and matedat used of reasonably remitted for use in the pednrmarrce of the subcontract then Ude obligation stent bo void; otherwise H .shall remain in full force end otIoct, Bunted, however, to tha following conditions: A claimantlsdefined as one having a direct contract with the Prindpal fur labor, material, or both used or reasonably required for ate In the performance or the contract, labor and coatedal being construed to Include that pad of water, gas, power, ilgllt, heal, old gnsotne, telephone ealvica or rental of equininenl directly epp6cuUa to Uie sub onli not. (2) The above named Principal and Surety hereby Johty end severely agree vMh the Obligee that every dalnmat en herein defined, who has not been paid In full before the expiration et a potted of ninety (90) days ager the date on Which Ira last of such claimant's walk or labor was done or performed, of materials were furnished by such claimer& may sue 011 Mk bond for the use of such claimant, prosecute the ovine final judgment for such sum or mina rm Ahoy be justly duo claimant, and hove execution thereon. iho Obligee shall not be liable for the payment of any costs or expenses of any torch suit . (3) No stilt or Beton shall be commenced thereunder by any chsiiner'', (a) Mer the expiration of ono (1) year following the date on which Principal ceased work on said subambact It being understood, bowevef, that If any IimHalkm embodied in this bond Is prohibited by any law conlmates the constructor hereof such 6mtaGon shell be deemed to be emended so as to be equal to the mbdmum pedud of limitation pomiined by sins law. (b) Other than kr a state mud el competent jurisdiction kr and for the courtly or other political subcgalston of the slate In which the pr ()had, or any pad thereof, is situated, nr In the United Slates ()Mkt Smut for tto district In Which the project, or any part thereof, Is situated, and not elsewhere, (1) Tho amount of this bond shall be reduced by and to the extent of any payment or payments made In good brit hereurder. Signed al rd mated this 10th dayof June A.D.,1e 9R Kelly Excavation, Lynn Kelly dba Principe) /117.1, By / We 4E ,h PANY 6yrart By d/i(i( 7 r �. 9'ij' In Fad (1) Subcontract Labor and Mato del Payment bond. This bond Is Issued simultaneously with another bond in favor of the genet al contractor conditioned fur the tut and faithful perfoununoo of the contract_ (Seat) 0518 4 • STATEWIDE INSURANCE COMPANY P.O. BOX 799 60079-0799.329 NORTH GENESEE ST WAUKEGAN ILLINOIS 60085-0205 PHONE 847/662.0073 • FAX 847/662-8162 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That STATEWIDE INSURANCE COMPANY, an Illinois stock insurance corporation, does make constitute and appoint JACQUE L. LINDSEY, KENNETH L. GALLOWAY, ADRIAN W. LUTTRELL, DANNY L. SCHNEIDER AND BILLY E. BENNETT JR. EACH OF SPRINGDALE, ARKANSAS Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto If a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF FIVE HUNDRED THOUSAND (%500,000.00) DOLLARS FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind STATEWIDE INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are fatified and confirmed. This Power of Attorney is granted and is signed and sealed under and by the authority of the fo:lowing Resolution adopted by the Board of Directors of the STATEWIDE INSURANCE COMPANY, Waukegan,ll;inois, at a meeting du`y ca"ad and held on the 27th day of October, 1994. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President, a Senior Vice President or a Vice President of the company be, and that each or any of them hereby Is, authonzed to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of STATEWIDE INSURANCE COMPANY, Waukegan, Illinois, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach hereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which is is attached.' In Witness Whereof, the STATEWIDE INSURANCE COMPANY, Waukegan, Iginois, has caused its official seal to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Secretaries this 27TH day of OCTOBER 1994 ATTEST: Ralph W. Swank, Jr., Secretary STATE OF ILLINOIS ) COUNTY OF LAKE ) SS. ASEALS iii i 1979 I By STATEWIDE INSURANCE COMPANY Daniel L. Banght On this 27TH day of OCTOBER , 1994 personacy came before me, Daniel L. Baright and Ralph W. Swank, Jr. to me known to be the Individuals and officers of the STATEWIDE INSURANCE COMPANY who executed the above Instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and thc:r signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. CERTIFICATE I, the undersigned Assistant Secretary of the STATEWIDE INSURANCE COMPANY, an Illinois corporation, CERTIFY that the foregoing and attached Power of Attorney remains In full force and has not been revoked, and furthermore, that the provisions of the By -Laws of the company and the Resolutions of the Board of Directors set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Waukegan this .- •: ;- jr. I *piny L1 t; f yr..r y 'R•. Mary F. DeFilippls, Notary Public My Commission Expires: 13TH DAY OF AUGUST, 1996 _ : SEAL LIG A: 1979 :L M1L : e,1 day of ,19 Roger J. Swarat, Assistant Secretary CONTRACT Summit Tank Site Restoration (Page 1 of 2) THIS CONTRACT executed this/LAday of Jane 1998 by and between The City of Fayetteville and ke//y Excav4iiiJy co the Contractor: WITNESSETH: For and in consideration of the payments to be made as hereinafter set forth, the Contractor agrees to furnish all tools, labor, equipment, materials, and supphes required to construct the improvements described as Summit Tank Site Restoration for the City of Fayetteville, Arkansas, in exact accordance with the Citys Plans and Specifications for said improvements and the Contractor's Proposal on file at the Office of the City Engineer, which Documents are incorporated by reference hereto, subject to the inspection of and to the complete satisfaction of the City. 1. The City agrees to pay and the Contractor agrees to accept as full and final compensation for all work done under this agreement, the Unit Prices and Lump Sum Prices named in the Contractor's Proposal, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 2. The Contractor agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposal Time is expressly made of the essence of this Contract. If the Contractor fails to complete the work in the time specified he shall pay to the City, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the damages specified in the Proposal for each day delayed, which shall be deducted from the final amount to be paid under the Contract. Extensions of time may be granted with waiver of liquidated damages as provided for in the Specifications. 3. The Contractor agrees to furnish a Bond, with Surety approved by the City and authorized to do business in the State of Arkansas guaranteeing the performance of this Contract, for not less than one hundred (100) percent of the amount of this Contract. Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work agcdnst faulty workmanship or materials for a period of one (1) year after completion. 16 • Contract, Summit Tank Site Restoration, Page 2 of 2 4. The Contractor agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workman's Compensation Insurance in amounts as required by these Specifications and by State Law. WITNESS OUR HANDS THIS /4MDAY OF •1-644C 1988 Attest: .0le4 Fayetteville City Cle )1 ;:;;;Im: ::(,eat)= '(I,'+ WITNESS Corporate Seal (if cmy) CITY OF FAYEITEVIJ 1.F By Fred Hanna, Mayor CONTRACTOR '7 By_L / -a s 'Name'meand itle PAELL Q` a 16G0 tp kc ,�� d� Business Address 17 DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS SUMMIT TANK SITE RESTORATION BID NO. 98- 52 May, 1998 e•learircrP:4- (.4 410. •' . Or jct. i .:,A! ,; CITY OF FAYETTEVILLE ENgiNEERING` LVISION - 1'9/J. • Table of Contents Advertisement for Bids 3 Instructions to Bidders 4 Bid Proposal 13 Contract 16 Form of Arkansas Performance and Payment Bond 18 Standard General Conditions of the Contract 20 Supplement to the General Conditions 21 Detailed Specifications 24 Part I, Contract Stipulations 25 Part II, Construction Specifications 30 Part III, Material Specifications 35 Prevailing Wage Rate (Contracts over $75,000.00) 37 2 ADVERTISEMENT FOR BIDS Summit Tcmk Site Restoration City of Fayetteville, Arkansas Sealed bids for the construction of the Summit Tank Site Restoration will be received by the City of Fayetteville, Arkansas in Room 326, City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas 72701, until 2:00 p.m. local time on Tuesday, lune 9, 1998 and then at said office publicly opened and read aloud. The proposed work generally consists of the filling of the old Summit Water Storage Tank site along with top soil, finished grading, and surface treatment. The Contract Documents, including detailed plans and specifications for the work may be exosmned and obtained at the City of Fayetteville Engineering Office, Room 004, City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. Each bid must be accompanied by a cashier's check or surety bond in an amount of five (5) percent of the whole bid' Said bond shall be issued by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power of attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract, the owner will retcan sod 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' 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, as 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. Oualifications of Bidders. When included with, and made a part of the Bid Proposal, the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal The "Statement of Bidder's Qualifications" is required to demonstrate qualifications to perform the Work and will be used in evaluating all bids as a basis for award 4. Examination of Contract Documents and Site. 4.1. It is the responsibility of each Bidder before submitting a Bid, to: (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local and specific conditions which may affect cost, progress, safety, performance or furnishing of the Work, (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 m 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 misunderstanding 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 furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated m or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work. 4.9 The AHTD Standard Specifications contained in the "Standard Specifications for Highway Construction," Edition of 1993, published by the Arkansas State Highway Commission are referenced and made a part of the Specifications and will apply to specific instances and projects as noted on the Plans and within the Specifications. These Standard Specifications are available for inspection in the Engineer's Office or may be obtained from the Arkansas State Highway Department, little Rock, Arkansas 5. Interpretations and Addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions, and/or any informatron 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 cmd clarifications for this specific project is Don Burn, 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 earner of the seventh day after the Effective Date of Agreement or the 61st day after the Bid opening, whereupon the Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within 10 days of Bid opening. 6 • 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, are set forth in the Bid Proposal and/or the Contract Agreement 9. Substitute or "Or -equal' items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitutes or "or equal" items Substitute or ""or - equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer Application for acceptance for possible 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 apphcation is set forth in Article 6.7 of the General Conditions and any associated Supplementary Conditions. 10. Subcontractors, Suppliers and Others. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner and Engineer. Nor 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 All 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 All 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 any time prior to the openinn of Bids. Such modification document shall becir an original signature. If, within 24 hours after the opening of Bids, cmy Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there is a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder shall be disqualified from further Bidding on the Work provided under the Contract Documents. 14. Opening of Bids Bids will be opened and publicly read aloud at the time and location as specified in the advertisement of invitation 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 subject 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. 8 • • 16. Award of Contract. 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes to the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids The Owner further reserves the right to reject the Bid of any Bidder if the Owner believes that if would not be in the best interest of the Project or Owner to make award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability, or of doubtful past performance, or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in. the multiplication of units of Work and unit prices will be resolved in the favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 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, 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 for in the Contract Documents. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of matenal 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 fmancial 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. 9 • 17. Contract Security. Article 5 of the General Conditions, and the associated Supplementary Conditions set forth the 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. 18. 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 Contract Documents attached. Within 15 days thereafter, Contractor shall sign, execute and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds. Within ten (10) days thereafter Owner will deliver one fully signed and executed to Contractor. 19. Compliance with State Licensing Law. Contractors must be licensed in accordance with the requirements of AGC 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 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. 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 m,nimum 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, 10 • • 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 records 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 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 cis 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 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. Subcontractors 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. 11 • 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 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. 12 • BID PROPOSAL, BID 98-52 (A Unit Price Contract) • Place rTTY OF FAY Date CHINE 8.1998 Proposal of RFT.T.Y FXrAVATTNG hereinafter called Bidder, a Corporation' organized and existing under the laws of the State of , a Partnership*, or an Individual* doing business cis KFT,T.V FXrAVATTNG TO THE CITY OF FAYETPEVII1.F, ARKANSAS: The Bidder, in compliance with your Invitation to Bid for reconstruction of a portion of Arlington Terrace in Fayetteville, having examined the Plans and Specifications with related documents cmd 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 Pnces 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 complete the work within the time given in Section 100, General Project Requirements of the Detailed Specifications. Bidder further agrees to pay as liquidated damages (not as a penalty), the sum of $ 750.00 per day in the event the project is not substantially completed within the time specified Bidder acknowledges the receipt of the following Addenda: * Fill in applicable blank NIA 13