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HomeMy WebLinkAbout123-01 RESOLUTION0 RESOLUTION NO, 123-01 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO McCLINTON-ANCHOR, INC. IN THE AMOUNT OF TWO MILLION SEVEN HUNDRED THIRTEEN THOUSAND NINE HUNDRED TWELVE DOLLARS AND SIXTY-FIVE CENTS ($2,713,912.65) FOR AIRFIELD PAVEMENT REHABILITATION; APPROVING A FIFTEEN PERCENT (15%) PROJECT CONTINGENCY OF ONE HUNDRED THIRTY-FIVE THOUSAND SIX HUNDRED NINETY- FIVE DOLLARS AND SIXTY-THREE CENTS ($135,695.63); AND APPROVING A BUDGET ADJUSTMENT OF TWO MILLION ONE HUNDRED ELEVEN THOUSAND TWO HUNDRED TWENTY- EIGHT DOLLARS ($2,111,228.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That the City Council hereby awards a construction contract to McClinton -Anchor, Inc. in the amount of Two Million Seven Hundred Thirteen Thousand Nine Hundred Twelve Dollars and Sixty -Five Cents ($2,713,912.65) for airfield pavement rehabilitation. Section 2. That the City Council hereby approves a Fifteen Percent (15%) project contingency of One Hundred Thirty -Five Thousand Six Hundred Ninety -Five Dollars and Sixty -Three Cents ($135,695.63). Section 3. That the City Council hereby approves a budget adjustment of Two Million One Hundred Eleven Thousand Two Hundred Twenty -Eight Dollars ($2,111,228) for same. Section 4. That the City Council hereby authorizes the Mayor to sign such a contract with McClinton -Anchor, Inc. C c ' 1 l,.t PASSED AND APPROVED this 4th day of September, 2001. tar • \ r APPROVED: 4. 1 I, ATTEST: By: A l/!/GYfi�.�- ATHER WOODRUFF, City Clerk By: j2z 's'( �001/ N COODY, Mayo • NAME OF FILE: CROSS REFERENCE: Resolution No. 123-01 • 09/04/01 Resolution No. 123-01 09/04/01 Contract with APAC-Arkansas, Inc. McClinton -Anchor Division Airfield Pavement Rehabilitation Project (FAA AIP Grant #3-05-0020- 2901) 08/30/01 Certificate of Insurance Performance Bond Payment Bond 09/04/01 Staff Review Form 08/28/01 Memo to City Council Members thru Mayor Coody, from Gary Dumas, Environmental Services Director, regarding FAA AIP Grant #3-05-0020- 2901, Airfield Pavement Rehabilitation Project 09/04/01 Copy of the Budget Adjustment Form 08/28/01 Copy of a letter to Dale Frederick from R. Wayne Jones 08/28/01 Bid Information 08/22/01 Estimated Construction Cost 08/28/01 Copy of the File Note to Dale Frederick and Wayne Jones from Donald C. Harris, Senior Program Manager, ASW -631, Arkansas/Oklahoma Airports Development Office 09/2001 Arkansas Dept. of Aeronautics Airport Aid Grant Classifications 09/13/01 Memo to Dale Frederick, Airport, from Heather Woodruff, City Clerk 09/04/01 Change Order No. 1 Staff Review Form regarding Change Order No. 1 12/06/01 Memo to Gary Dumas, Utilities Services, from Heather Woodruff, City Clerk NOTES: • �4terfr5 £g5 /,23-0 CONSTRUCTION S CIFICATIONS FOR AIRFIELD PAVEMENT REHABILITATION and TAXIWAY WIDENING & STRENGTHENING TO DRAKE FIELD MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS BID NO. 01-46 AIP PROJECT NO.., 3-05-0020-2901 FY002105 JUNE, 2001 Prepared By: Oa s,Bn ad To sary d ,p\gtIUtt ter.,,,, q, qG ,. McCLELLAND FE °I CONSULTING ENGINEERS, Ina E. =_?f, Na 24 :.w ',�9rysq s . ' McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (501) 443-2377, Fax (501) 443-9241 ... matttttttt ctrl T., . i ORIGINAL SIGNATURE ON FILE MCEMcCLELLAND CONSULTING ENGINEERS, INC. R. Wayne Jones, P.E. Vice President 1810 N. College Avenue/P.O. Box 1229 Fayetteville, Arkansas 72702-1229 501-443-2377 ext. 20. FAX 501-443-9241 wiones@mcclelland-engrs.com 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 IMECR ADDENDUM NO. 2 AIRFIELD PAVEMENT REHABILITATION & TAXIWAY WIDENING & STRENGTHENING DRAKE FIELD Fayetteville, Arkansas Project No. FY002105 August 24, 2001 EKED The Project Manual and the Drawings dates June, 2001 for the project are amended as noted in this Addendum. Receipt of this Addendum shall be acknowledged on the Bid Form. This Addendum consists of 15 pages. The Project Item No. 1 Item No. 2 Item No. 3 Item No. 4 Manual is amended as follows: Delete the Bid Form provided with Addendum NO. I and replace with the attached revised Bid Form consisting of 12 pages. This revised Bid Form includes several bid items and quantity revisions as discussed at the Pre -Bid Conference. Delete page 5 of Section D-701 and replace with the attached revised page 5 which adds a bid item for 12 -inch RCP. Delete the second sentence of the Paragraph "Crack Control Fabric" of Section "Pavement Stabilization Fabric" and replace with the revised Paragraph "The product shall be "Petrotac" as manufactured by AMOCO Fabrics Company or "Paveprep" as manufactured by Contech Construction Products, Inc." Add the following as paragraph (d).3.d to page 6 of the SPECIAL PROVISIONS: For displaced threshold condition during night time displacements, the Contractor shall add four threshold lights to each displaced threshold marker and to connect to the runway lighting circuit. The light bulbs in all runway lights between the displaced threshold and the end of the runway shall be disconnected during the night time displaced conditions." The Project Drawings are amended as follows: Item No. I Item No. 2 Item No. 3 Item No. 4 Change note for Grate Inlet southeast of Old Fire Station Building on Plan Sheet 8 form 2 ft. by 2 ft. to read "3 ft by 3 ft Grate Inlet". Change note for Junction Box north of the Bell -Aire Hangar on Plan Sheet 8 form a 4 ft. by 4 ft. to read " 3 ft by 3 ft Junction Box". Change the note for the "Runway Holding Position Marking" on Plan Sheet to read "Seven Spaces at 12" = 7' 0" " Add a note toTaxiway Overlay Plan on Plan Sheet 3 to indicate that the doubled hatched area between Taxiways "D" & "E" and adjacent to the asphalt apron is to receive a 2 -inch overlay. 1:\2000\002105 \specs\Addendum No-2.wpd Addendum No. 2 1 (including crushed aggregate backfill) and for all preparation, excavation, spoilage of excavated material, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Bid Item No. Bid Item No. 1:\2000\002105\SPECS\70I .DOC . 18 -inch (Reinforced Concrete Pipe), per linear foot 12 -inch (Reinforced Concrete Pipe), per linear foot END ITEM D-701 Addendum No. 2 Section D-701 - 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I11 PAVEMENT STABILIZATION FABRIC DESCRIPTION This item shall consist of furnishing and installing pavement stabilization fabric and crack control fabric on the taxiway overlay and rehabilitation , as required. The pavement stabilization fabric shall be placed on pavement areas which have become weakened from aircraft traffic, as indicated on the Plans and as directed by the Engineer. MATERIALS Pavement Fabric: The pavement stabilization fabric shall be a non -woven needle punched polypropylene fabric "Petromat" as manufactured by Amoco Fabric and Fibers Company, meeting the following requirements: Weight, Oz/Sq Yd 4.3 Tensile Strength, Lbs (1) 115 Elongations -at -Break, % (ASTM 0-1682) 65 Mullen Burst Strength, psi 235 Asphalt Retention, Gals/Sq Yd 0.20 Color Black Blend Asphalt Bonding Agent: The agent for bonding the pavement fabric to the underlying asphalt course shall be an asphalt cement meeting Viscosity grade AC -20 or AC -30, as determined by AASHTO M-226. The asphalt cement shall be applied at the rate of 0.20 to 0.25 gallons per square yard or as adjusted in the field by the Engineer. Crack Control Fabric: The cracks within the taxiways shall be covered with a strip of self-adhesive waterproof membrane 6 -inches to 12 -inches in width. The product shall be "Petrotac" as manufactured by AMOCO Fabrics Company or "Paveprep" as manufactured by Contech Construction Products, Inc. Other fabrics may be used upon approval by the Engineer prior to bidding. CONSTRUCTION METHODS EQUIPMENT Distributor: The asphalt distributor shall be suitably metered and capable of spraying the asphalt cement at a prescnbed uniform application rate. No dulling or skipping should be permitted. The distributor shall be equipped with a hand spray with single nozzle and positive shut-off valve. J:\2000\002105\spccs\Pave Fabric-a2.doc Addendum No. 2 Pavement Fabric - 1 ADDENDUM NO. 1 AIRFIELD PAVEMENT REHABILITATION & TAXIWAY WIDENING & STRENGTHENING DRAKE FIELD Fayetteville, Arkansas Project No. FY002105 August 23, 2001 The Project Manual and the Drawings dates June, 2001 for the project are amended as noted in this Addendum. Receipt of this Addendum shall be acknowledged on the Bid Form. This Addendum consists of 13 pages. The Project Manual is amended as follows: Item No. I Delete the Bid Form provided and replace with the attached revised Bid Form consisting of 12 pages. Item No. 2 Item No. 3 Change the table in the third paragraph of Section 80-03, page 34, of the GENERAL PROVISIONS to read "Frequency 121.8" and the Control Authority to read "Control Tower" The Contractor may provide, to the Engineer and Owner for approval a different Order of Work under the Construction Procedures of the "Safety Requirements and Construction Procedures" of the SPECIAL PROVISIONS for his projected schedule and anticipated weathered related work conditions. The Project Drawings are amended as follows: Item No. 1 Add a note to Taxiway "F" Plan on Sheet 9 to read "Relocate 3 Taxiway Signs and Cable along the south side of Taxiway "F"." Item No. 2 Add a note to Taxiway "A" Plan on Sheet 12 to read "Relocate 1 Taxiway Signs and Cable at the northeast corner of Taxiway "A" & "D"." Item No. 3 Add notes to Taxiway "D" Plan on Sheet 13 to read "Extend the 2 way 4 -inch duct at Sta.1+70", "Widen Taxiway 10 Feet to South", "100 Ft. Radius" to the southeast corner of Taxiway D and the Runway, and "Mill 1 -inch at Sta. 10+00 and Transition 10 Feet to 0 -inches at Sta. 9+90 ." Item No. 4 Item No. 5 Item No. 6 Change the note in the upper right of Plan on Sheet 8 to "Replace Headwall Install 6 ft. by 10 ft. solid sod." and note below to read " And Replace fence...". Change the spot elevation to the right of the Apron Rehab. area at the east edge of the apron form on Plan Sheet 8 to read "1256.00" to "1254.10." Add a note to each side of the Taxiway form the Apron to Taxiway "B"of Plan on Sheet 8 to read "Extend Grate Inlet a minimum of 6 -inches." 1:\2000\002105\specs\Addendum No-I.wpd Addendum No. 1 1 1 1 1 CONSTRUCTION SPECIFICATIONS FOR 1 AIRFIELD PAVEMENT REHABILITATION and 1 TAXIWAY WIDENING & STRENGTHENING 1 TO DRAKE FIELD 1 MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS BID NO. 01-46 AIP PROJECT NO. 1 3-05-0020-2901 FY002105 1 JUNE, 2001 Prepared By: McClelland Consulting Engineers, Inc. 130a lane& 7b Sarva 1810 North College, P.O. Box 1229 ' Fayetteville, Arkansas 72702-1229 (501) 443-2377, Fax (501) 443-9241 1 1 TABLE OF CONTENTS SECTION PAGE NO. Notice to Contractor 1-3 Instructions to Bidders 1-6 Proposal 1-15 Bid Bond 1-2 Equal Opportunity Certification 1-2 Notice of Award 1 Contract 1-6 Federal Wage Decision 1-3 Notice to Proceed 1 Wage, Labor, EEO, & Safety Requirements 1-17 General Provisions (FAA Standards, as revised for this project) 1-61 Section 10. Definition of Terms 1-5 Section 20. Proposal Requirements and Conditions 6-9 Section 30. Award and Execution of Contract 10-11 Section 40. Scope of Work 12-15 Section 50. Control of Work 16-21 Section 60. Control of Materials 22-25 Section 70. Legal Relations and Responsibility to Public 26-32 Section 80. Prosecution and Progress 33-38 Section 90. Measurement and Payment 39-45 Section 100. Contractor Quality Control Program 46-54 Section 110. Method of Estimating Percentage of Material Within Specification Limits (PWL) 55-61 Special Provisions 1-24 General 1 Description of the Project 1 Coordination of the Work 1 Safety Requirements and Construction Procedures 1-8 Identification of "Engineer" 8 Authority of Engineer 9-10 Limitations of the Engineers Responsibilities 10 Engineer's Visits to the Site 10 TABLE OF CONTENTS (Continued) SECTION PAGE NO. Special Provisions (continued) 1-24 Contractor's Examination 10-11 Arrangement of Specifications and Plans 11 Workmen 11 Horseplay 11 Insurance 11-15 Subcontractors 15 Contractor's Routine Access to Site 15 Owner -Furnished Materials 15 Quality of Plans 15-16 Partial Acceptance 16 Progress Schedule 16 Contractor to Perform Construction Staking 16-17 Work Done Without Lines and Grades 17 Preservation of Monuments and Stakes 17 Other Contractors 17 Record Drawings 18 Publicity 18 Modifications and Waivers 18 Standards 18 Testing 18-19 Payment for Stored Materials 19 Cost of Plans and Specifications 19 Ownership of Engineering Data 19 Partial Sets of Plans and Specifications for Subcontractors 19 Damage to Existing Facilities 19 Reporting of Accidents 19 Pre -Construction Conference 20 Waterways 20 Safety and Security 20 Function of the Engineer and Relationship Between Engineer and Contractor 20-22 Contractor's Responsibility Regarding Special Application Materials and Products 22 Temporary Facilities 22-23 Permits, Licenses, Laws, Ordinances Regulations and Taxes 24 Excavation Safety 24 FAA Standard Specifications P-152 Excavation and Embankment 1-9 P-156 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control 1-5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1! 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 TABLE OF CONTENTS (Continued) SECTION PAGE NO. FAA Standard Specifications (Continued) P-152 Excavation and Embankment P-156 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control P-209 Crushed Aggregate Base Course P-401 Plant Mix Bituminous Pavements P-602 Bituminous Prime Coat P-603 Bituminous Tack Coat P-605 Joint Sealing Filler P-610 Structural Portland Cement Concrete P-620 Runway and Taxiway Painting P-625 Coal —Tar Sealer/Rejuvenator D-701 Pipe for Storm Drains & Culverts D-751 Manholes, Inlets and Headwalls T-901 Seeding T-904 Sodding T-905 Topsoiling T-908 Mulching L-108 Installation of Underground Cable for Airports L-110 Installation of Airport Underground Electrical Duct L-125 Installation of Airport Lighting Systems Soil Stabilization Fabric Pavement Fabric Section 02750 Section 02751 Section 02752 Section 02755 Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Safety Requirements Order SW 5200.5 "Buy American" Exclusion Products OSHA Standard for Excavation & Trenches Safety Program Arkansas State Contractors Bond Licensing Law Municipal Airport DBE Program 1-8 1-4 1-5 1-22 1-3 1-3 1-3 1-6 1-2 1-2 1-5 1-7 1-4 1-4 1-3 1-3 1-5 1-3 1-3 1-2 1-3 8 4 4 4 NOTICE TO CONTRACTORS Bid No. 01-46 Notice is hereby given that in pursuance to an order of the City of Fayetteville, sealed bids will be received at the Purchasing Office or Room 306 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas, until 10:00 a.m., on the 28th day of August, 2001, for the fumishing of all tools and labor, and the performance of work to be done in construction of Airfield Pavement Rehabilitation and Taxiway Widening and Strengthening improvements at Drake Field, Fayetteville Municipal Airport. Work under this Contract shall include pavement, drainage, grading, lighting, sealing and seeding improvements necessary to complete the project. The location of the work is set out in the Plans and Specifications to be on file in the offices of McClelland Consulting Engineers, Inc.: P.O. Box 1229, 1810 N. College Avenue, Fayetteville, Arkansas. All bids will be opened and considered at a meeting, to be held in Room 326 at the City Administration Building, 113 West Mountain, Fayetteville, Arkansas at 10:05 a.m. local time, on the 28th day of August , 2001, and at such adjourned meetings thereafter as may be necessary. All necessary work, materials, and every item of construction shall be in accordance with the Plans and Specifications as prepared by the Engineer. Copies of the documents may be obtained from the office of the Engineer upon the payment of the sum of One hundred and twenty five dollars ($125.00), said payment not being refundable. Pertinent information and the detailed specifications will be famished to suppliers at cost of reproduction. A mandatory Pre -Bid Conference will be held at 2:00 p.m.. on August 22, 2001 at the Conference Room in the Terminal Building, Drake Field, Fayetteville, Arkansas. The purpose of this meeting is to review the project requirements with the prospective bidders and to tour the project site. Bidders shall make such inspection and studies of the site of the work as to thoroughly familiarize themselves with all conditions to be encountered. Each bid must be accompanied by a surety bond (proposal guaranty) in the amount equal to five percent (5%) of the whole bid, said bond to be issued by a surety company licensed to do business in the State of Arkansas, said bond to be retained as liquidated damages in case the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said works, and furnish the necessary bonds within fifteen (15) days from and after the date of the Notice of Award. The successful bidder will be required to furnish separate performance and payment bonds, in favor of the City of Fayetteville, Fayetteville, Arkansas, in an amount equal to one hundred percent (100%) of the contract amount, at the time of the award of the contract, if said contract exceeds $100,000. Notice is hereby given that the City of Fayetteville is an Equal Opportunity employer. Section 00030 - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I Buy American Requirement. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development for which funds are to be provided under the FAA grant. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. All bidders and proposers shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to Subcontract five (5) percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder of this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttable presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans and Asian -Indian Americans. The apparent successful bidder will be required to submit its information concerning the DBE's that will participate in this contract. The information will include the name and address for each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract (subcontract) and shall be submitted with the proposal. If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered non-responsive. All references to the policy of the Department of Transportation (DOT) rule concerning disadvantaged business enterprises as defined in 49 CFR part 23 shall now mean the Fayettevtlle Municipal Airport Disadvantaged Business Enterprise Program in compliance to 49 CFR part 26. This program is a working document which will be submitted for final approval to the City Council and the Department of Transportation. The document is subject to amendment by the Federal Aviation Administration, the Department of Transportation, or the City of Fayetteville as necessary to enforce current regulations. Federal DOT regulations mandate that this document be effective as of October 1, 1999, and all provisions shall be applied to contractual obligation concerning the above referenced DOT -assisted project. This document is included as an Appendix. The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities deemed to be in the best interest of the Commission. The proposed contract is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal Opportunity Clause contained in the Specifications. The successful bidder will be required to submit a Certification of Non -segregated Facilities prior to award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the subcontract exceeds $10,000. Samples of the Certification and the Notice to Subcontractors appears in the Specifications. The attention of all bidders is called to the fact that any contractor or subcontractor on this project having 50 or more employees and who may be awarded a contract or subcontract of $50,000 or more will be required to maintain an Affirmative Action Program within 120 days of Section 00030 - 2 commencement of the contract. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for employment of minorities. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The Contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employee identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. "Pursuant to Ark. Cod Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and women services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises." Attention is called to the fact that no less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this Project. The Bidder must supply all the information required by the proposal form. The attention of all bidders is called to the fact that they must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature, as amended. P.O. No. Bid No. 01-46 Peggy Vice Purchasing Officer City of Fayetteville Fayetteville, Arkansas Section 00030 - 3 SECTION 00100 INSTRUCTIONS TO BIDDER PARAGRAPH NO./TITLE PAGE NO. 1. FORMAT 1 2. SPECIFICATION LANGUAGE 1 3. GENERAL DESCRIPTION OF THE PROJECT 1 4. QUALIFICATION OF BIDDERS 5. DOCUMENT INTERPRETATION 6. BIDDER'S UNDERSTANDING 2 7. PROJECT MANUAL & DRAWINGS 2 8. TYPE OF BID 3 9. PREPARATION OF BIDS 3 10. STATE AND LOCAL SALES AND USE TAXES 4 11. SUBMISSION OF BIDS 4 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BIDS 4 13. WITHDRAWAL OF BID 4 14. BID SECURITY 4 15. RETURN OF BID SECURITY 5 16. AWARD OF CONTRACT 5 17. BASIS OF AWARD 6 18. EXECUTION OF CONTRACT 6 19. PERFORMANCE AND PAYMENT BONDS 6 20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND 7 21. PERFORMANCE OF WORK BY CONTRACTOR 7 22. TIME OF COMPLETION 7 23. PROVIDING REQUIRED INSURANCE 8 24. TRENCH AND EXCAVATION SAFETY SYSTEM 8 25. SUBCONTRACTOR'S PERFORMANCE AND PAYMENT BOND 8 26. PROPOSED SUBSTITUTION FOR SPECIFIED ITEMS 8 SECTION 00100 INSTRUCTIONS TO BIDDERS 1. FORMAT The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. 2. SPECIFICATION LANGUAGE "Command" type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT A general description of the work to be done is contained in the NOTICE TO CONTRACTORS. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 4. QUALIFICATION OF BIDDERS The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. Before a Contract will be awarded for the work contemplated herein, the Owner will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified under this Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. 5. DOCUMENT INTERPRETATION The Contract Documents governing the work proposed herein consist of the Drawings and all material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work. Any person contemplating the submission of a Bid shall have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (received by the Engineer at least 5 working days prior to bid opening) an interpretation thereof. Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their Proposals, or indicate receipt, of all Addenda. The Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. J: \2000\002 105\ S P EC S\00I OO. DOC Section 00100 - 1 6. BIDDER'S UNDERSTANDING Each Bidder must inform himself of the conditions relating to the execution of the Work, and it is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated Work in strict accordance with the Contract Documents. It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. Information derived from topographic maps, or from Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal, state, and local laws, statutes, and ordinances relative to the execution of the Work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and nonburning requirements, permits, fees, and similar subjects. 7. PROJECT MANUAL AND DRAWINGS No return of Project Manual or Drawings is required and no refund will be made. The successful Bidder will be furnished three sets of Documents without charge. Any additional copies required will be furnished to the Contractor at $125.00 per set. Partial sets will not be available. 8. TYPE OF BID Unit prices shall be submitted in the appropriate places on the Bid. The total amount to be paid the Contractor shall be the total amount of the unit price items as adjusted based on quantities installed and/or any adjustment for additions or deletions resulting from additive or deductive alternates or change orders during construction. 9. PREPARATION OF BIDS All blank spaces in the Bid form must be filled in, preferably in BLACK ink, in both words and figures where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in cases of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit prices will prevail. Any Bid shall be deemed informal which contains material omissions, or irregularities, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published ADVERTISEMENT FOR BIDS. 1: \2000\002105\S P EC S\00100. DOC Section 00100 - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for work contemplated, all bids in which such Bidder is interested will be rejected. The Bidder shall sign his Bid in the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or sole proprietorship, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts in behalf of the firm. If signature is by an agent, other than an officer of a corporation or a member of a partnership or sole proprietorship, a notarized power-of-attorney must be on file with the Owner prior to opening of bids or submitted with the Bid. 10. STATE AND LOCAL SALES AND USE TAXES Unless the Special Provisions contains a statement that the Owner is exempt from state sales tax on materials incorporated into the Work due to the qualification of the Work under this Contract, all state and local sales and use taxes, as required by the laws and statutes of the state and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Bid shall include all nonexempt sales and use taxes, unless provision is made in the Bid form to separately itemize the tax. 11. SUBMISSION OF BIDS All Bids must be submitted, not later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS. Bids must be made on the Bid forms provided herein. Each Bid must be submitted in a sealed envelope, so marked as to indicate its contents without being opened, and addressed in conformance with the instructions in the ADVERTISEMENT FOR BIDS. Bids may not be submitted by FAX machines. 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID Any Bidder may modify his bid by telegraphic or written communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time. The telegraphic or written communication should not reveal the bid price; it shall, however, state the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. 13. WITHDRAWAL OF BID Any Bid may be withdrawn prior to the scheduled time for the opening of Bid either by telegraphic or written request, or in person. No Bid may be withdrawn after the time scheduled for opening of Bids, unless the time specified in Item, AWARD OF CONTRACT, of these INSTRUCTIONS TO BIDDERS shall have elapsed. 14. BID SECURITY Bids must be accompanied by cash, a certified check, or cashier's check drawn on a bank in good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State where the Work is located, in the amount of 5 percent of the total amount of the Bids submitted. This bid 1:\2000\0021 05kSPECS\00I OO.DOC Section 00100 - 3 security shall be given as a guarantee that the Bidder will not withdraw his Bid for a period of 60 days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified. The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All bid bonds and Contract bonds shall be executed by a LICENSED RESIDENT AGENT of the surety having his place of business in the STATE OF ARKANSAS and in all ways complying with the laws of the State of Arkansas. The mere countersigning of a bond will not be sufficient. If the Bidder elects to famish a Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially thereto in form and content. 15. RETURN OF BID SECURITY Within 15 days after the award of the Contract, the Owner will return the bid securities to all Bidders whose Bids are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders' bonds and any guarantees which have been forfeited, will be returned to the respective Bidders whose Proposals they accompanied. 16. AWARD OF CONTRACT Within 90 calendar days after the opening of Bids, unless otherwise stated in the NOTICE TO CONTRACTORS or SPECIAL PROVISIONS of these Documents, the Owner will accept one of the Bids or will act in accordance with BASIS OF AWARD, below. The acceptance of the Bid will be by written notice of award, marled or delivered to the office designated in the Bid. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Contract with acceptable Performance and Payment Bonds, as prescribed herein, the Owner may award the Contract to the next lowest responsible and responsive qualified Bidder. Such award, if made, will be made within 90 days after the opening of Bids. 17. BASIS OF AWARD If, at the time this Contract is to be awarded, the total Base Bid of the lowest acceptable Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner's interests, including consideration of selected Deductive Alternates. 18. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 15 consecutive days after receiving the signed Contract with acceptable bonds from the successful Bidder, the Owner's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. i:\z000wozmas\srecsiooioo.00c Section 00100 - 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1