HomeMy WebLinkAbout16-00 RESOLUTIONRESOLUTION NO. 16-00
MICROFILMED
A RESOLUTION AWARDING BID NO. 2000-11, IN THE
AMOUNT OF $2,107,961, TO BASIC CONSTRUCTION
COMPANY, INC., FOR PHASE II, HIGHWAY 265 WATER AND
SANITARY SEWER RELOCATIONS; APPROVING A 10%
CONTRACT CONTINGENCY IN THE AMOUNT OF $210,796.10;
AND APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS -
Section 1. That the City Council hereby awards Bid No. 2000-11, in the amount of
$2,107,961, to Basic Construction Company, Inc., for Phase II, Highway 265 water and sanitary
sewer relocations, and authorizes the Mayor and City Clerk to execute a contract for said amount
A copy of the is attached hereto marked Exhibit "A" and made a part hereof.
Section 2.
of $210,796.10.
The City Council hereby approves a 10% contract contingency in the amount
Section 3. The City Council hereby approves a budget adjustment in the amount of
$1,117,786 increasing Water Line Improvements, Acct. No. 5400 5600 5808 00, Project No. 97043
20, in the amount of $470,786 and Building Cost, Acct. No 5400 5600 5804 00, Project No. 98076
20 by decreasing Use of Fund Balance, Acct. No. 5400 0940 4999 99. A copy of the budget
adjustment is attached hereto marked Exhibit "B" and made a part hereof.
ASSEDAND APPROVED this151 day of February , 2000.
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APPROVED: /1
By:
AT
eather Woodruff, City Cler
Fri Hanna, Mayor
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NAME OF FILE:
CROSS REFERENCE:
Resolution No. 16-00
i
02/01/00
Resolution No. 16-00
Exhibit "A" (Contract with Basic Construction Company, Inc /Phase
WHwy 265 Water & Sewer
02/01/00
Staff Review Form
02/01/00
Copy of the Budget Adjustment Form
01/20/00
Memo to Mayor Hanna from Jim Beavers
02/09/00
Memo to Jim Beavers, Engineering Division, from Heather Woodruff,
City Clerk
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Change Order No. 5 (original is in Res. 156-00, 11/07/00)
Change Order No. 6
Change Order No. 7
08/15/01
Approval of the Final Reconciliation Contract Payment to Basic
Construction Company, Inc.
NOTES:
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CONTRACT
THIS AGREEMENT, made and entered into the /Se day of F�d4,.,, , 2000, by and
between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part
(hereinafter called the Owner), and 84sic eouserRoc.T.o.v eo.T&cof the City of Faye=noviae,
AR. , Party of the Second Part (hereinafter called the Contractor).
WITNESSETH THAT:
WHEREAS, the Owner has called for bids for water system improvements, as set out in the Plans
and Specifications and approved by the City of Fayetteville, Arkansas; and
WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the
Contractor is the lowest and best qualified bidder for the construction of said Improvements;
NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the
construction of:
Bid No. 99-86 which shall be the Highway 265 Water and Sewer Relocations, Phase 2 and
Additional Work, Fayetteville, Arkansas; including all Work required for a complete and
acceptable installation, for the unit and lump sum prices bid in the Bid Proposal, all of which become
and are a part of this Contract, the total sum thus being
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41/s-L1o1) OL)e. WUNDRep Stti/c%U iWOas.'wp 04)14)4I- NitiD/?eD S&ril/ ONS'
(text amount)
dollars ($ 2)(61;96 • oo ), such sum being the agreed amount upon which bonds and
liabilities are based, and at his own cost and expense furnish all materials, supplies, labor,
machinery, equipment, tools, supervision, bonds, insurance and other accessories and services
necessary to complete the said construction in accordance with the conditions and prices stated in
the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications,
the General, Conditions, the Supplementary Conditions, and in accordance with the Plans, which
include all maps, plats, blueprints, and other drawings, and wtwiitten or printed explanatory matter
thereof.
The Contractor agrees to commence work under this contract within ten days of the issuance of the
Notice to Proceed and substantially complete all work within one hundred thirty-eight (138) calendar
days and totally complete work within one hundred sixty-eight (168) calendar days..
The Owner agrees to pay the Contractor in current funds for the performance of the contract in
accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the
Specifications, and to make payment on account thereof as provided below.
As soon as is practicable after the first of each calendar month, and in accordance with the Contract
Specifications, the Owner will make partial payments to the Contractor for work performed during
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the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate
being certified by the Contractor and accepted by the Owner Retainage shall be withheld from the
partial payments as provided by Arkansas state laws by the Owner until final completion and
acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done
based upon the original contract and subsequent changes made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this contract, and the time of beginning,
manner of progress and time of completion of the work hereunder shall be and are essential
conditions hereof.
The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice
to Proceed and to proceed with the construction of the work and to prosecute the work with an
adequate force and in a manner so as to complete the work within the time stipulated herein. If the
Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees
to pay the Owner, as liquidated damages the sum of one thousand dollars ($1000.00) per day for
each calendar day of delay in completion, said amounts being fixed and agreed upon by and between
the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining
the actual damages Owner would in such event sustain, said amounts are to be presumed by the
parties to this contract to be the amounts of damage Owner would sustain. Said amounts of
liquidated damages shall be deductible from any amount due Contractor under the Final Estimate
of said work, after the completion thereof, and Contractor shall be entitled, if any, to the Final
Estimate less such amounts of liquidated damages.
If the Contractor be delayed at any time in the progress of the work by any act or neglect of the
Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by
changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation,
unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the
Engineer pending arbitration, or by any cause which the Engineer shall decide to Justify the delay,
then the time of completion shall be extended for such reasonable time as the Engineer may decide.
No such extension shall be made for delay occurring more than seven days before claim therefor is
made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is
necessary.
In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the
work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the
Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall
not be liable to the Contractor for any work theretofore performed, or 2) requiring the surety hereto,
upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event,
should the surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the
contract as its own expense and maintain an action against the Contractor and the surety hereto for
the actual cost of same, together with any damages or other expense sustained or incurred by Owner
in completing this contract, less the total amount provided for hereunder to be paid Contractor upon
the completion of this contract.
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This contract shall be binding upon the heirs, representatives, successors or assigns of the parties
hereto, including the surety.
IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals,
respectively.
Firm ame
By
Witnesses*
Qnnwn.p,�y
�aM*kto
T.
SEAL
*If corporation, secretary should attest.
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By
CITY OF FAYETTEVILLE, ARKANSAS
Attest:
Fred Hanna, Mayor
/,,,r,1
/FIeather Wooddruff, City Clerk
End of Contract
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ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST: $2,256,344
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SPECIFICATIONS
AND MICROFILMED
CONTRACT DOCUMENTS
FOR
HIGHWAY 265 WATER AND SEWER
RELOCATIONS, PHASE II
FAYETTEVILLE, ARKANSAS
WASHINGTON COUNTY, ARKANSAS
pTE O
(6?
ARKANSAS
.
REGISTERED
PROFESSIONAL
A ENGINEER co =�!
No
8 • t,
# 0 No. 8
rair s 2�
000
Prepared by:
RJN GROUP, INC.
12160 Abrams Road, Suite 206
Dallas, Texas 75243
TABLE OF CONTENTS
Item
Page No.
Advertisement for bids 1-1
Instructions to bidders 2-1
Bid Proposal 5-1
Statement of Bidder's Qualifications SOE-1
Contract Agreement 6-1
Performance Bond 7-1
Payment Bond 7-3
General Conditions GC -1
Supplement to the General Conditions SC -1
Detailed Technical Specifications
Division 01 - General Requirements
Section 01100 General Project Requirements
Section 01110 Method of Measurement and Payment
Section 01120 Testing
Section 01200 Temporary Erosion Control
Section 01335 Submittals
Section 01314 Use of Explosives
Section 01535 Video Tape Recordings
Division 02 -
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Site Work
02110
02113
02222
02310
02413
02414
02450
02472
02487
02500
02660
02731
02732
Clearing Rights of Way Cutting and Repairing Fences
Surface Removal
Earthwork for Utilities
Pipe Bedding Material
Polyethylene encasement
Pipe Detection Tape
Air/Vacuum, Gate Valves and Butterfly Valves
Fire Hydrants
Pipeline Cleanup and Seeding
Paving and Surfacing
Water Mains
Sanitary Sewer Construction
Concrete Structures
Section 02737 Manhole Testing
Section 02739 Sanitary Sewer Construction Testing
Section 02740 Backfill
Appendix A Boring Logs
Appendix B Easements and Side Letters
Appendix C OSHA Trench Safety Regulations
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11
City of Fayetteville
ADVERTISEMENT FOR BIDS
Highway 265 Water and
Sewer Relocations, Phase 2
on
Highway 265 from Cliffs Blvd. To Highway 45 and on Highway 45
Bid Number 2000-11
Sealed bids for the construction of Highway 265 water and sewer relocations, Phase II, Fayetteville,
Arkansas, will be received by the City of Fayetteville, Arkansas, at the Purchasing Office, Room
306, City Administration Building, 113 West Mountain Street Fayetteville, Arkansas, 72701, until
2:00 p.m, local time on Monday. January 17. 2000, and then at said office publicly
opened and read aloud .
The proposed Work generally consists of:
Approximately 8,895 linear feet of 24 -inch ductile iron or C905 PVC water line pipe
(Contractor's option), 866 linear feet of 12 -inch ductile iron or C900 PVC (Contractor's
option), and 3,520 linear feet of 8 -inch ductile iron or C900 PVC (Contractor's option).
Approximately 1,942 linear feet of 8 -inch SDR -35 PVC sanitary sewer pipe including
12 manholes, together with all appurtenances for a complete installation.
The attention of all Bidders is called to the requirements of the specifications that work generally be
limited to the Highway right-of-way and any additional easements obtained by the City of
Fayetteville. Additionally, no area of the right-of-way can be used for general material storage or
other uses by the contractor, unless approved by the City and AHTD.
The Contract Documents, consisting of the Advertisement for Bids, Instruction to Bidders, Bid
Proposal, Agreement, General Conditions, Performance Bond, Payment Bond, Supplementary
Conditions, Drawings, Specifications, and any Addenda, may be examined and obtained at the
offices of McClelland Consulting Engineers, Inc. 1810 N. College Avenue, Fayetteville, Arkansas.
Copies of these documents may be obtained from the Engineer upon request, and upon the payment
of $60.00 for plans and $60.00 for specifications, a total of $120.00 which is not refundable.
Each contractor shall be responsible for the investigation, inspection, and studies of the project site
as deemed necessary to familiarize themselves with all conditions encountered. Each contractor
shall be responsible to read and comply with the Instructions to Bidders as contained in the Contract
Documents.
Each bid must be accompanied by a cashier's check or surety bond in an amount of five percent (5%)
of the total 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
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with the Contract General and Supplemental Conditions, the Owner shall retain said check or bond
as liquidated damages.
Bids shall be made on 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 envelope addressed to the City of Fayetteville, Purchasing Office,
Room 306, 113 West Mountain Street, Fayetteville, Arkansas 72701, and clearly marked on the
lower left side of the bid envelope shall be the following information: The Bid number, The project
name/title, the date of the bid opening, the time of the bid opening and the bidding contractor's name
and license number.
All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas
Legislature.
No bidder may withdraw his bid within sixty (60) days after the actual date of the 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.
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INSTRUCTIONS FOR 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
tern "Successful Bidder" shall 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.
2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated
in the Advertisement to 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 the Owner
nor Engineer assumes any responsibility for error or misunderstandings 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.
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3. QUALIFICATIONS 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.
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the oath g v.,n 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. L 0.01AS(j -uCr' otil,
2. Permanent main off ce address and telephone number. 300\ 5 •
Teot N.Cn>k -t .° -tkB u • 75 686c
3. When organized. 1c'a-i
4. If a corporation, where incorporated. -M-''S
5. Contractors License number. 00 43(50 ZOO
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How many years have you been engaged in the contracting business under your present
firm or trade name? under other names? 026 YDS
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.)
7F11( MAW:A 1-
8. Have you ever failed to complete any work awarded to you? /C
9. Have you ever defaulted on a contract? If so, where and why? » 0
10. List experience in construction similar in size and scope to this project� along with the
project owners and engineers, ,�.,p�1J�( TO at 77/ �NB�N /Z ^ US 7-
tiveui-osit
11. List of major equipment available for this contract. 50()(CO
12. Will you, upon request, fill out a detailed financial statement, including credit worthiness,
and furnish any other information that may be required by the Owner? i»5
Dated at ?i1Y6,Wl-LE this/%)tday ofv P(f , 1.9997 p000
Name of Organization: ,C PM F1ZtftHd/`i
by 4
Title
State of Arkansas
County of bigsIt;Kq-6n
tear
`47417Y 00M/85 being duly sworn deposes and says that
he (she) is theGi/>
of Set. $ Te. 'ons-l-nrc den tic, , Contractor(s), and that answers to the
foregoing questions and all state, iherein contained are true and correct:
• Ifni l.y.
Subscribed and sworn before me this lith day of row ) . Zoo
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My commission expires
C:
RE^ 3TNSON
OTAr,'r' i• •., :::c C -ARKANSAS
vilAk#t;t,=CTON COUNTY
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tary Public
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4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
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4.1. It is the responsibility of each Bidder before submittinVrdg 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;
(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. Neither the Owner nor Engineer
assumes responsibility for the accuracy or completeness thereof unless it is expressly provided
otherwise in the Supplementary Conditions.
4.2.1 Reference is made to Appendix 'A' for identification of:
a) 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.
b) those drawings ofphysical conditions in or relating to existing 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.
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 other wise 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.
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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, nghts-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 to 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.
4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that Bidder
has complied with every provision and requirement of this paragraph 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 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.
5.1 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. Oral and other interpretations or clarifications will be without legal effect.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
Owner or Engineer.
5.3 The Point of Contact for questions and clarifications for this specific project is Tom Harris,
P.E., RJN Group, Inc., (972)437-4300.
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
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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, Ownef 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 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 security furnished by such Bidders will be returned. Bid security with Bids
which are not competitive will be retumed within 10 days of Bid opening.
CONTRACT TIME.
The number 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 Contract Time) are as set forth in the Bid
Proposal, Contract Agreement and Technical Specification 100 - General Project Requirements.
8. LIOUIDATED DAMAGES.
Provisions for liquidated damages, if any, are set forth in the Bid Proposal and/or the Contract
Agreement.
SUBSTITUTE OR "OR-EOUAL" 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.
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 substitute 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 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 shall 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
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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 nameand 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 with the Project title 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
13. MODIFICATION AND WITHDRAWAL OF BIDS
13.1 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
anytime prior to the opening of Bids.
13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with
Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was
a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and
the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding
on the Work to be provided under the Contract Documents.
14. 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.
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, in its sole discretion,
release anyBid and return the Bid security prior to that date.
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16. AWARD OF CONTRACT
16.1 Owner reserves the right to reject any and all Bids, including without limitation the rights
to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the
Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make
an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or
of doubtful financial ability or fails to meet any other pertinent standard or criteria established by
Owner. Owner also reserves the right to waive all informalities not involving price, time or changes
in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies in the
multiplication of units of Work and unit prices will be resolved in favor of the unit prices.
Discrepancies between the indicated sum of any column of figures and the correct sum thereof will
be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved
in favor of the words
16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the
Bids comply with the prescribed requirements, and such altemates, unit prices and other data, as may
be requested in the Bid Form or prior to the Notice of Award.
16.3 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.
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 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.
16.5 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.
16.6 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.
17. 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.
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 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
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appropriate identification.
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." 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.
20. 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.
21. 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.
3) keep an accurate record showing the names and occupation and hours worked of all
workmen employed by them, and the actual wages paid to each of the workmen,
which record shall be open at all reasonable hours. to the inspection of the
Department of Labor or the Owner, its officers and agents.
The Owner shall have the right to withhold from amounts due the Contractor so much of accrued
payments as may be considered necessary to pay the workmen employed by the Contractor or any
Subcontractor, the difference between the rates of wages required by this Contract and the rates of
wages received by such workmen.
If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being
paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written
notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as •
to which there has been a failure to pay the required wages and to prosecute the Work to completion
by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs
occasioned thereby..
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