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HomeMy WebLinkAbout68-00 RESOLUTIONRESOLUTION NO. 68-00 MICROFILMED A RESOLUTION AWARDING BID NO. 00-$ TO MOBLEY CONTRACTORS, INC. IN THE AMOUNT OF $662,534.47 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE 6TH STREET EXTENSION ROAD CONSTRUCTION AND 6TH STREET/SOUTH SCHOOL AVENUE INTERSECTION IMPROVEMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ib Nu Section 1. That the City Council hereby awards Bid No. 004410 Mobley Contractors, Inc. in the amount of $662,534.47 and authorizes the Mayor and City Clerk to execute an agreement for the 6th street extension road construction and 6th street/south school avenue intersection improvements. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. •, PASSED AND APPROVED this 16th day of May , 2000. r APPROVE By: /4144, red Hanna, Mayor NAME OF FILE: CROSS REFERENCE: Resolution No. 68-00 • 05/16/00 Resolution No. 68-00 Exhibit "A"(Agreement)(Original in Project Manual) 05/05/00 Bid Tabulation 05/09/00 Memo to Fayetteville City Council thru Mayor Hanna, Charles Venable, Public Works Director, Don Bunn, Asst. PW Director, and Jim Beavers, City Engineer, Paul Libertini, Staff Engineer, regarding Agenda Request, Council Meeting of May 16, 2000, (6th Street Extension Road Construction & 6th Street/South School Avenue Intersection Improvements Contract) 05/01/00 Memo to same "as above" 05/16/00 Staff Review Form 05/22/00 Memo to Paul Libertini, Engineering Division, from Heather Woodruff, City Clerk 05/22/01 Change Order No. 1 for reconciliation and final payment to Mobley Contractors, Inc. for the 6`h Street Extension and 6`h Street & South School Intersection Improvements. NOTES: Project Manual • Ailasallak FAYETTEVILLS CITY OF FAYETTEVILLE EXHIBIT A ClaiAllIdOlIDIJAI X 6th Street Ext. Road Construction 03 & D 6th St./S. School Ave. Intersection Improvemenk ,e ; AS A AS �lEtCgSTSBID BID # 2000-16 < < �'+ ®FsssloNAt. FAYETTEVILLE, ARKANSAS SIMMER {.; Na 981 APRIL 2000 . 4, 1' • ---444•44Adre-se • Project Manual CITY OF FAYETTEVILLE 6th Street Ext. Road Construction 9h St./S. School Ave. Intersection Improvements BID # 2000-16 FAYETTEVILLE, ARKANSAS APRIL 2000 Section 00005 TABLE OF CONTENTS 91' St. Extension Road Construction & 6'h St./S. School Ave. Intersection Improvements Section No. Title 00005 00020 BIDDING REQUIREMENTS Pages Table of Contents 00005-1 to 00005-2 Advertisement for Bids 00020-1 00100 Instructions to Bidders 00300 Bid Form 00350 Bid Bond Notice of Selection CONTRACT FORMS AND CONDITIONS 00500 Agreement Form Between Owner & Contractor Construction Performance Bond - Exhibit A Construction Payment Bond - Exhibit B Certificates of Insurance - Exhibit C Notice to Proceed 00700 General Conditions 00800 Supplementary Conditions SPECIFICATIONS Division 1 - General Requirements 01010 Summary of Work 01025 Measurement and Payment 01027 Applications for Payment 01035 Modification Procedure 01040 Coordination and Meetings 01051 Construction Surveys 01060 Regulatory Requirements 01090 Reference Standards and Abbreviations 01300 Submittals 01310 Progress Schedules 01410 Testing Laboratory Services 01500 Construction Facilities & Temporary Controls 01620 Storage and Protection 01630 Product Options and Substitutions 01700 Contract Closeout City of Fayetteville 04/14/00 00100-1 to 00100-10 00300-1 to 00300-15 00350-1 to 00350-2 00350-3 00500-1 to 00500-7 00500-8 00500-9 00500-10 00500-11 1 to 42 00800-1 to 00800-13 01010-1 to 01025-1 to 01027-1 to 01035-1 to 01040-1 to 01051-1 to 01060-1 to 01090-1 to 01300-1 to 01310-1 to 01410-1 to 01500-1 to 01620-1 to 01630-1 to 01700-1 to 01010-3 01025-17 01027-3 01035-3 01040-4 01051-2 01060-3 01090-3 01300-4 01310-2 01410-3 01500-6 01620-2 01630-2 01700-5 Page 00005-1 Division 2 - Site Work 02050 Demolition 02100 Site Preparation 02161 Excavation Safety 02220 Excavation and Embankment 02230 Road Bed Preparation 02261 Site Restoration 02270 Slope Protection and Erosion Control 02272 Rip Rap 02500 Asphaltic Cement Paving 02581 Thermoplastic Pavement Markings 02600 Pipelaying 02666 Potable Water Services 02675 Water System Maintenance of Service & Disinfection 02720 Storm Sewer System 02800 Chain Link Fence & Gate 02805 Guard Rail 02840 Signage 02900 Landscaping 02050-1 02100-1 02161-1 02220-1 02230-1 02261-1 02270-1 02272-1 02500-1 02581-1 02600-1 02666-1 02675-1 02720-1 02800-1 02805-1 02840-1 02900-1 to 02050-2 to 02100-4 to 02220-10 to 02230-6 to 02261-7 to 02270-4 to 02272-3 to 02500-11 to 02581-5 to 02600-4 to 02666-3 to 02675-4 to 02720-4 to 02800-6 to 02805-3 to 02840-4 to 02900-12 Division 3 - Concrete 03210 Reinforcing Steel 03210-1 to 03210-3 03316 Miscellaneous Concrete Work 03316-1 to 03316-13 City of Fayetteville End of Section 00005 04/14/00 Page 00005-2 1 r 11 1 r 1 1 1 r 1 1 1 1 1 1 1 Section 00020 ADVERTISEMENT FOR BIDS Date: April 16 & 23, 2000 Notice is given hereby that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at Room 306, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:00p.m. (local time) on Wednesday, May 2, 2000, for furnishing all tools, materials and labor and performing the necessary work for the construction of Project A: 6`" Street Extension Road Construction & Proiect B: 6'" Street/S. School Avenue Intersection Improvements for Fayetteville, Arkansas. At this time and place all bids received will be publicly opened and read aloud. The work generally consists of road construction of approx. 1160 LF of 36' wide (back of curb to back of curb) pavement with associated earthwork, milling asphalt, below ground storm sewer, drainage structures, drainage ditches, curb & gutter, concrete sidewalk, asphalt trail, and approx. 425 LF of asphalt overlay for Proiect A; and construction of a new right tum lane, milling asphalt, curb & gutter, drainage structures, extension of a reinforced concrete box culvert, and concrete sidewalk for Project B ; and all items indicated in the Drawings and Specifications for both projects. The Contractor has the option of bidding one project or both projects. Drawings and specifications are on file and may be examined at the office of the Engineering Department, City of Fayetteville. Copies of these documents may be obtained from the office of the engineer upon request and upon payment of $50.00 for the drawings and specifications. This amount is not refundable. The bidders shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of the Bid must accompany the Bid. Bidding Documents can be reviewed at the: City of Fayetteville Engineering Department (Phone: 501-575-8206) 113 W. Mountam Fayetteville, AR 72701 The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as security for the faithful performance and the payment of all bills and obligations arising from the performance of the Work. Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City ofFayetteville encourages all general contractors to subcontract protions of their contract to qualified small, minority, and women business enterprises. No Bids may be withdrawn within a period of 60 days after the date fixed for opening Bids Bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The City Council reserves the right to reject any or all bids, to waive irregularities in the Bids and bidding deemed to be in the best interests of the City Council, and to reject nonconforming, nonresponsive, or conditional Bids. /s/ Peggy Vice Peggy Vice, Purchasing Officer City of Fayetteville 04/7/00 Page 00020-1 1 DEFINED TERMS 1.1 Section 00100 INSTRUCTIONS TO BIDDERS Terms used in these Instructions to Bidders which are defined in the General Conditions 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. 1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be adnunistered. 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2 COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office 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 for the Work and do not confer a license or grant for any other use. 3 EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Engineering Department, and shall constitute all of the information which the Owner shall furnish. No other information given or sounding made by the Owner or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on Owner. City of Fayetteville 07/12/99 Page 00100-1 Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete mformation upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall 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. 3.4 Information and data shown or indicated in the Contract Documents with respect to existing 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. 3.5 On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies 3.6 Reference is made to the General Requirements 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, and as available, 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. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Engineer are 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. City of Fayetteville 07/12/99 Page 00100-2 4 AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 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. 5 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the Engineer not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6 APPROXIMATE ESTIMATE OF QUANTITIES 6.1 Engineer's estimate of quantities, on file at the City Engineer's office, is approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. 7 UNIT PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. City of Fayetteville 07/12/99 Page 00100-3 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of Owner may be rejected at the discretion of Owner. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required, and has reviewed the Drawings and Specifications to verify the full scope of the Work. 8 BID FORM 8.1 Bids are due as indicated in the Advertisement For Bids 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form shall not be removed from the bound Project Manual, nor shall bids be submitted on a photocopy of the Bid Form. The unit price or lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. In case of a difference in the written words and figures, the amount stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit pnces. Discrepancies between the Indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non-responsive at the option of Owner. However, Owner reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of Owner. 8.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License number, and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to Owner and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. 8.5 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. City of Fayetteville 07/12/99 Page 00100-4 9 SIGNATURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. 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. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with Owner. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. 10 BID SECURITY 10.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the amount stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder will not be acceptable. The Successful Bidder's security will be retained until Owner receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract secunty within fifteen days after the Notice of Selection, Owner may annul the Notice of Selection and the Bid security of that Bidder will be forfeited. 10.2 The Owner reserves the right to retain the security of the three low bidders until the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. If any Bidder refuses to enter into an Agreement, Owner may retain Bidder's bid security as liquidated damages but not as a penalty. 11 PERFORMANCE BOND AND PAYMENT BOND 11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. City of Fayetteville 07/12/99 Page 00100-5 11.2 Contractor is to pay all expense in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. 11.3 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. 11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.5 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At least six originals of the Bonds shall be furnished, each with Power of Attorney attached. 11.6 Bonds are to be approved by Owner. If any Bonds contracted for become unsatisfactory or unacceptable to Owner after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. 12 CONTRACT TIME 12.1 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 is outlined in the Bid Form. 13 LIQUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. 14 SUBCONTRACTORS SUPPLIERS AND OTHERS 14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of Owner nor shall Contractor allow such subcontractor to commence work until approval ofworkman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by Owner will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. City of Fayetteville 07/12/99 Page 00100-6 1 1 1 1 1 1 tr 1 1 1 1l 1 1' 1 1 1 1 1 15 SUBSTITUTE AND "OR EQUAL" ITEMS 15.1 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. However, a substitute or "or -equal" item of material 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 the General Conditions and may be supplemented in the General Requirements. 16 COMPLIANCE WITH STATE LICENSING LAW 16.1 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 the envelope containing the Bid Form and on the Bid Form. 17 QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon Owner's orEngineers's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contam evidence of Bidder's qualification to do business in the State of Arkansas. 18 DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. 18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. City of Fayetteville 07/12/99 Page 00100-7 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 A bid by an unlicensed contractor bidding under a licensed contractor's name. 18.7 Uncompleted work which, in the judgement of Owner, might hinder or prevent the prompt completion of additional work if awarded. 18.8 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a previous contract 19 OPENING OF BIDS 19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by Owner the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids 20 CONSIDERATION OF BIDS 20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. 20.2 In evaluating Bids, Owner will consider the qualifications of 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 Selection. 20.3 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 Selection. 21 RIGHT TO REJECT BIDS 21.1 Owner reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids All Bids are subject to this reservation. Owner reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. City of Fayetteville 07/12/99 Page 00100-8 21.2 Owner also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. 22 AWARDING OF CONTRACT 22.1 Owner reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against Owner upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. 23 RETAINAGE 23.1 Provisions concenung retainage and Contractor's nghts to deposit securities in lieu of retainage are set forth in the Agreement. 24 SIGNING OF AGREEMENT 24.1 When Owner gives a Notice of Selection to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter Owner shall deliver one fully signed counterpart to Contractor. 25 MATERIALS GUARANTY 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. City of Fayetteville 07/12/99 Page 00100-9 26 FAMILIARITY WITH LAWS 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. 27 ADDITIONAL LAWS AND REGULATIONS Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. 27.1 Americans With Disabilities Act 27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. 27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. End of Instructions to Bidders City of Fayetteville 07/12/99 Page 00100-10 Section 00300 BID FORM Contract 2000-16 9" St Extension Road Construction 6t St/S. School Ave. Intersection Improvements Fayetteville, Arkansas Bid of infAcabliq tttc— (hereinafter called "Bidder"), a corporation, organized and existing under the laws of the State of A+-kn,,.s it -s , or a partnership, or an individual doing business as To: City of Fayetteville, (hereinafter called the "Owner"): The Bidder, in compliance with the Owner's Advertisement For Bids on April 16 & April 23, 2000, and having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including normal inclement weather conditions and the availability of materials, and labor, hereby proposes to furnish all labor, materials, and equipment to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents. The costs of miscellaneous material items not listed below that are required for a complete job shall be included in the prices below and shall not be a cause for an extra. Bidder hereby agrees to commence work (Projects A & B concurrently) under this contract on or before a date to be agreed upon by the Contractor and the Owner, and to substantially complete Project A within 180 consecutive calendar days and to substantially complete Proiect B within 90 consecutive calendar days thereafter as stipulated in the General Conditions, and to fully complete Project A within 225 consecutive calendar days and to fully complete Proiect B within 120 consecutive calendar days after that agreed date. The Contractor has the option of submitting a bid for one individual project only, or he may submit a bid for both projects. Bidder acknowledges receipt of the following addendum Addendum No. I Subject Cl4.wc.t 'i3id fli i— rioQrty i4 - 4A is. -C8 G,.t v k. City of Fayetteville 04/7/00 Page 00300-1 PROJECT "A" 92 St Extension Road Construction Item Estimated No. Quantity Unit Description of Item and Unit Price Bid Total Amount Al 1 Lum Sum Mobilization SAven 4\rtot4 4e tr kuy-Av4ri-(_'a4t,3 a hn no,....*.5 dollars ($ -714'fD. DD )/LS $1440. oQ amount written in words in figures in figures A2 1 LumplSum Roadway Roadway Construction Control `Kiv443- R&vee -�w yS.•W 4ocur hu vlvni t.5h roc-, 4 v n cev`--Es dollars ($ 33 418.00 )/LS $ 33, 4/ fLO to amount wntten in words in figures in figures A3 1 Lump Sum Maintenance of Traffic litva -\-ane t _Sehnz4 Si X r AO L2n s dollars amount written in words ($ 0 no. 00 )/LS in figures $QDO(o.Do in figures A4 550 Lin Ft Tree Protection Fencing �kir.V'ee ncr t ctnkt, dollars ($ 3 09 )/LF $ 1 (oq 9. 5n in figures in figures amount written in words A5 1 Lump Sum Excavation Safety 4Mnuust c, et Of \n4tnrkVrrL' 4-.j- -Cour 4- Ino (Pins dollars amount written in words ($ 25114. 00 )/LS in figures in figures A6 1 Lump Sum Site Preparation -Fin.rity-vitvva -1-bwt..s4vod -ewe, Immasite 4a 4nki-ei9L.k A4 vs.o MvcFs dollars ($ 3a G.2S. 00)/LS $ 39. 5n. 00 amount written in words in figures 'n figures City of Fayetteville 04/7/00 Page 00300-2 Item Estimated No. Quantity Unit Description of Item and Unit Price Bid Total Amount A7 1 Lump Sum Clearing and Grubbing -•Couvkesv, +\ADucictv,d Sevan w'rtvc4 vt�� 411 sinn ranksdollars ($ i4 141.47.00 )/LS amount written in words in figures $ 14,-796..06 in figures A8 1,000 Cu Yd Common Excavation -kpe \t)f_ 4 vw r pv-\ L4 dollars ($ L a. O D )/CY $14)D80 • 01 amount written in words in figures in figures A9 100 Cu Yd Rock Excavation i X1 -y- cle etn 4 XIS. AP vv, CBnk-Sdollars ($ (1. I' -k' )/CY amount written in words in figures $ (ol ILi-. DO in figures A10 18,500 Cu Yd Compacted Embankment - Subgrade Fill (Select Hillside Material) �GVCli1 cd_ ,•(-j,. ✓ 5- St✓[vi Cenkdollars ($ 7. 37 )/CY $1 O /• amount written in words in figures in figures All 160 Cu Yd Undercut & Backfill 4u -14141 -411 -LY c-4kr"*.1-+. o cgan*) dollars amount written in words ($ 24. 3a )/CY in figures $ ;Teo a0 in figures Al2 2,100 Tons Aggregate Base Course (Class 7) -Co,y-t.apn s\x4 j C P S dollars ($ 14. l.O )/TN $ SD, (aL D .OD amount written in words in figures in f gures A13 1,922 Lin Ft Concrete Curb and Gutter 42- kra 4 £CeVAS amount written in words dollars ($ to . 4o )/LF $ Ik I4`'• Sb in figures in figures City of Fayetteville 04/7/00 Page 00300-3