HomeMy WebLinkAbout128-01 RESOLUTION• •
RESOLUTION NO, 128-01
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO FAYETTEVILLE TREE AND TRENCH, INC. IN THE
AMOUNT OF ONE HUNDRED SIXTY-SIX THOUSAND FOUR
HUNDRED FORTY ONE DOLLARS ($166,441.00) FOR THE
HINKLE MOBILE HOME PARK WATER LINE REPLACEMENTS
PROJECT; APPROVING A FIFTEEN PERCENT (15%) PROJECT
CONTINGENCY OF TWENTY-FIVE THOUSAND DOLLARS
($25,000.00); AND APPROVING A BUDGET ADJUSTMENT IN
THE AMOUNT OF THIRTY-EIGHT THOUSAND FOUR
HUNDRED FORTY ONE DOLLARS ($38,441.00).
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
Fayettev°iite'Tree and Trench, Inc. in the amount of One Hundred Sixty -Six
Thousand Four Hundred Forty One Dollars ($166,441.00) for the Hinkle Mobile
Home Park Water Line Replacements Project.
Section 2. That the City Council hereby approves a Fifteen Percent (15%)
project contingency of Twenty -Five Thousand Dollars ($25,000.00).
Section 3. That the City Council hereby approves a budget adjustment in
the amount of Thirty -Eight Thousand Four Hundred Forty One Dollars
($38,441.00).
Section 4. That the City Council hereby Authorizes the Mayor to sign such
a contract with Fayetteville Tree and Trench, Inc.
PASSED AND APPROVED this 18th day of September, 2001.
EATHER WOODRUFF,ity Clerk
APPROVED:
By:
•
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 128-01
•
09/18/01
Resolution No. 128-01
09/18/01
Construction Contract with Fayette Tree & Trench, Inc.
08/30/01
Copy of the Budget Adjustment Form
08/30/01
Memo to Fayetteville City Council from Sid Norbash regarding Hinkle
Mobile Home park - Water Line Replacements
08/30/01
Copy of Purchase Requisition
NOTES:
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• • Res. 128-01 W`
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CONTRACT
THIS AGREEMENT, made and entered into the imrHiay of September , 2001 ..,
by and between the City of Fayetteville, County of Washington, State of Arkansas,
Party of the First Part, hereinafter called the Owner, and Fayette Tree
and Trench, Inc. , of the City of
Fayetteville, Washington County , 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. 01-44 which shall be the Hinkle Mobile Home Park Water Line Replacement
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
One Hundred Sixty -Six Thousand-, Four Hundred Forty -One Dollars and no/100
dollars ($166,441.00) , 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 written
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 totally complete all work within ninety
(90) 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.
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Res. 128-01
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 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, it 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
canplete 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 three hundred dollars
($300.00) 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 frail any amount due Contractor
under the Final Estimate of said work, after the completion thereof, and
Contractor shall be entitled 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
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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.
' 17) Name
1 Witnesses*
*If corporation, secretary should attest.
Res. 128-01
hereto, upon ten (10) days notice, to complete and carry out the contract of
Contractor; and in that event, should be 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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1 Attest:
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e�e�druff,CCit�eik
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CITY OF FAYETTEVILLE, ARKANSAS
Dan Coody, Mayor
End of Contract
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ca-tzt)
cry CietEsihiED RES
ng -off
Project Manual
for
Hinkle Mobile Home Park
Waterline Replacements
r
IFA VETTEVILLE
Prepared By:
The Office of the City Engineer
City Administration Building
113 W. Mountain Street
Fayetteville, Arkansas 72701
August 2001
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Item
Advertisement for bids
Bid Proposal
TABLE OF CONTENTS
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MICROFILMED
Instructions for bidders
State Wage Determination
Statement of Bidder's
Contract Agreement
Performance Bond
Payment Bond 1-2
Standard General Conditions 1-41
Supplement to the General Conditions 1-9
pages
1-2
1-7
1-9
1-3
Qualifications 1-2
1-3
1-2
Detailed Technical Specifications
Section 100 General Project requirements
Section 110 Measurement and Payment
Section 120 Testing
Section 140 Schedules, Progress Meetings,
Public Notice 1
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Rock Excavation 1
Clearing Rights of way, Cutting
and repairing fences 1-3
Surface Removal 1-3
Pipe for water lines - General 1
Ductile iron pipe and ductile iron
pipe fittings for water lines 1-6
Section 300 Crushed Stone Base Course
Section 310 Pipe Bedding Material
Section 320
Section 400
Section 401
Section 406
Section 411
1 • III
11 Section 412 Polyvinyl chloride (PVC) pipe and
fittings for water lines 1-7
II
Section 413 Polyethylene encasement 1
Section 414 Pipe detection tape 1
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Section 450 Gate valves and butterfly valves 1-4
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Section 461 Placing pipe protection cover and
compacted backfill sewer and water 1-3
Section 462 Flushing, hydrostatic testing, disinfection
IIand dynamic testing of water lines 1-3
Section 472 Fire hydrants 1-2
ISection 475 Two (2) Inch Blowoff Assemblies 1
ISection 487 Pipeline cleanup and seeding 1-3
Section 491 City Street Crossings 1-3
1 Section 495 Driving Surface Repair 1-3
Section 502 Concrete 1-2
11 Section 611 Pipe underdrains (a.k.a. "French drains"). 1
1t Appendix A - OSHA Safety requirements for excavation 218-256
Appendix B - Special Provisions and Requirments 1-4
'Appendix C - Procedures for Customer Notification for Water
Service Interruption 1-5
IIAppendix D - Tree Preservation 1-3
Appendix E - Special Easement Conditions 1
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ICity of Fayetteville
ADVERTISEMENT FOR BIDS
II Hinkle Mobile Home Park
Waterline Replacements
11 Bid Number 01-44
II Sealed bids for the construction of water lines and appurtenances, 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
IITuesday August 28, 2001, and then at said office publicly opened and
read aloud.
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The proposed Work generally consists of construction of approximately 1236 feet
of 8", and 1307 feet of 4" water mains including fittings and valves, service
connections and 2 fire hydrants, installation of encasement pipes for water lines
at sewer crossings, in accordance with the contract documents.
The Contract Documents, consisting of the Advertisement for Bids, Instruction to
Bidders, Bid Proposal, Contract, General Conditions, Supplementary Conditions,
Payment Bond, Performance Bond, Drawings, Specifications, and Addenda, may be
examined and obtained at the City of Fayetteville City Engineer's Office located
at 125 W. Mountain Street, Fayetteville, AR.
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. In the event the successful bidder
fails, neglects, or refuses to enter into the contract for the construction of
said work and furnish the necessary bonds in accordance with the Contract 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 »hall 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. Also, all bidders must follow the rules and regulations of
the Arkansas Department of Labor Prevailing Wage Determination.
No bidder may withdraw his bid within sixty (60) days after the actual date of
the bid opening.
All bidders will be required to attend a pre-bid
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1 conference on the job site, at the entrance to the Hinkle
Mobile Home Park, on Tuesday August 21, 2001 at 9:00
A.M. in order to be qualified to bid (for details contact
the City Engineer's Office at 501-575-8206).
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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.
Peggy Vice
Purchasing Manager
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Place Fayetteville, Arkansas
Date
BID PROPOSAL
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Proposal of v � / / ! /! ///L J �/iuj a corporation
organized and exist ng under the laws of the State of
a partnership consisting of
an individual trading as
To:
City of Fayetteville
City Administration Building
113 West Mountain
Fayetteville, AR 72701
The undersigned hereby proposes to perform all work and furnish all materials
required to be furnished for the construction of Bid No. 01-44 which shall be
the Hinkle Mobile Home Park - Water Line Replacement Project, Fayetteville,
Arkansas, in accordance with the following bid schedule, plan drawings and the
contract documents including t e pro ect specifications, for the basic lump
s4 of
It is understood that the lump sum proposals, in addition to all other work
includes all variable quantities listed in the proposal in the amounts so
listed. The variable quantities given in the proposal are for the purpose of
comparing bids only, and the basic lump sum proposal will be adjusted in the
final settlement for variation in the quantities at the following unit prices:
Bid Schedule
Unit Prices for Variable Quantities
Item Quantity Unit Amount
noand unit Description price of bid
1. 1,236 LF *6" PVC C-900 DR 14
Water Main w/tracing wire
Ron s 23, Ligy.00
(figures)
X6 ,r, LP -QOM 4 iloeurt
(total - words)
* Unit price for all pipes will include bedding material, tracer tape, and
tracer wire for PVC pipe, poly wrap for D.I.P.
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1,307 LF
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*4" PVC C-900 DR 14
Water Main w/ tracing wire
$ I lo. oo $ n),912 .Do
(figures)
$ � C aA 4- Ab Com
(total - words)
3. 1 Ea. 8" x 8" Tapping Tee and
Tapping Valve complete in place
$1,32n,00$ 1,320.00
(figures)
4. 1600 lbs Compact mechanical joint (MJ) ductile iron fittings
(including Mega -lug retainers).
$ 3 25 $ 52 bo. Oo
((��
n( (figures)
$ 1 % 12» ZaketA 3 d `j W `4 w2 C__o A
(total - words)
5. 9 Ea. Eight (8) inch gate valve with box.
$7Io.00$ (0)390.0o�
(figures)
$hueiw UUmd/D2rJ `Ism (tBeano 4- kb Co,A
(total - words)
6. 4 Ea. Four(4) inch gate valve with box.
$ y lo. on $ 1, '40 no
(figures)
$ ' aufk Lundn si `I.Q,v\ D101)San.o (4- ISO CDAA
(total - words
7. 1 Ea. Six (6)inch gate valve with box.
$ . l 3 , oo$ G/o o0
(figures)
$'4 Lute_ fl m &Q A toAA 6000 tiw a Ab co4Jcx
(total - words)
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4 No CQ4ta
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8. 1 Ea. 6" x 6" Tapping Tee and
Tapping Valve complete in place
$ IAIto. on$ I, Oro. to
(figures)
re -
sato lhatkActivd latuv4Vu.fine1kori VOODoM 4 kC) CoAk
(total - words)
9. 2 Ea. Fire Hydrant Assemblies
includes 6" gate valves
$ 1,25h.Cos 2,500.00
(figures)
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s&t `lounondlu n 1411A0 ARdi. LAO anncl-m of
total - words)
10. 1375 SY Concrete Street Repair
$ D. $ 55,DOD. Do
(figures)
s iI�JI n 100 UAL -fee
(to 1 - words)
11. 60 SY Driveway Repair
$35.CD $ 2,IDn. opr
(figures)
12. 6 Ea. Water Over Sanitary Sewer crossings
(See Detail)
(total - words)
1/4-
$ 2 (:)(1)(. 15 D 00
(figures)
.:
Air I,Alp 1 is Ole
13. 1 Ea. Water Under Sanitary Sewer crossing
(See Detail)
4- O Cv W
$3 nn 1ps 3, Duo, Go
(figures)
sft ha1.Dn LoWY\i AD
(total - words)
anal d- kb Comh
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14. 1 Ea. Blow -off and Test Assembly
$ (OSD. ons iosn. on
(figures)
(total - woIds)
15. 30 Ea. Connection of existing service line to new water
mains
$ 210oo$ /,3ao.nn''
(figures)
$11.00 14umc ud `�.rvv� pfraNCrnn d- MO Co.
(total - words)
16. 10 LF 3/4" Poly -wrapped copper
$ Lois() $ 166. on
(figures)
fp Uh_ L DO nn c4- Iq :ttrl: -Z
(total - words)
17. 10 LF 1" Poly -wrapped copper
ler
$ Ig. )o $ nn
(figures)
18. lump sum Seeding and mulching
$',SO.ncs Om no
(figures)
sono ousc# Pio„ 41w14E2d nat,wd-IlbCo
(total - words)
19. 10 CY Solid Rock Excavation
$ 12.5,ons I,25o•on''
(figures)
(total - words)
20. 1465 Tons Class 7 aggregate backfill for driveways,
street, and parking lot crossings
$ I I. En $ I/, 2417 So ✓
(figures)
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21. Lump Sum Trench Saftey per OSHA requirements
$ Salons '(Dot on
ber
(figures)
$ We 14 Lt /Y1QUWI Do90a vi d- Ab Cl2frUtO
(total - words)
22. Lump Sum Mobilization
$ 103.30$ lDo, nn ✓
(figures)
$ brul hlunedited flonn no cofrtio
(total - words)
23. 50 LF Tree Protection Fencing (See Specifications -
Appendix D)
$`1.600 COan.o
(total words)
$ 31% $19(7.5o
(figures)
00Atto
Bidders must bid the schedule in its entirety including all items, The City of
Fayetteville reserves the right to reject any and all bids and waive any
formalities as deemed in the best interest of the City of Fayetteville.
The undersigned hereby declares: That he has examined the Plans and the
Specifications with the related documents and the site of the proposed work
and being familiar with all conditions surrounding construction of the
proposed project, including availability of material and labor, hereby
proposes to furnish all equipment, labor, material, plant and supplies, within
the time set forth herein and at the prices stated above. These prices are to
cover all expenses incurred in performing the work required under the Contract
Documents, of which this proposal is a part.
The undersigned further agrees, if awarded the contract, the Contractor shall
begin work within ten (10) calendar days from a Notice to Proceed and will
fully complete all work within ninety (90) consecutive calendar days after the
date of the Notice to Proceed. Should the Contractor fail to complete the
work within the stated time, he shall pay the Owner as fixed, agreed, and
liquidated damages $300.00 per day for each consecutive calendar day of delay
until the work is completed or accepted.
The undersigned submits the following subcontractors for use if the contract
is awarded. The owner shall have the authority to reject the use of any
subcontractor.
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Subcontractors
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Name Address Contractor's license no.
1 Additional time is allowed for delays as stipulated in the Contract Documents.
The undersigned acknowledges the receipt of the following Addendum:
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For changing quantities of work items from those indicated by the contract
Documents, upon written instructions from the Engineer, the above unit prices
as given in the proposal shall prevail. The above unit prices shall include
all labor, materials, plant, bailing, shoring, overhead, profit, insurance,
bonds, etc., as necessary to cover the finished work of the various kinds
called for. The bidder understands that the City of Fayetteville reserves the
right to reject any or all bids and waive any formalities as deemed in the
best interest of the City of Fayetteville.
The bidder does agree that this bid shall be good and may not be withdrawn for
a period of 60 days after the scheduled closing time for receipt of bids.
Further the undersigned agrees to fully and completely submit the detailed
"STATEMENT OF BIDDER'S QUALIFICATIONS" as found on the page immediately
following the proposal. The undersigned agrees that failure to complete
and/or provide the "STATEMENT OF BIDDER'S QUALIFICATIONS" shall be cause for
the Owner and/or Engineer to consider the bid
such bid.
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1 STATEMENT OF BIDDER'S QUALIFICATIONS
non-responsive and to reject
Title
Business Address
(50/) Sal- 515/9
frfrA/ice, 42 907766Z,
Telephone
OO(n 6,io go
Arkansas License Number
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1 1. Name of Bidder. ")41-e E .7/2F/it o 1/4t0e
All questions must be answered and the data given must be clear and
comprehensive. This statement must be notarized. If necessary, questions may
be answered on separate sheets and then attached to this statement. The
Bidder may submit any additional information that he desires.
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2. Permanent main
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office
3. When/organized.
/9'9/
411
address and telephone number. S!
9a/2Da
4. If a corporation, where
5. Contractor's License
(s I)5�/-555%
incorporated. (//jtQQial
number . 0006/00/.
6. How many years have you been engaged in the contracting business under
your present firm or trade name? under other names?
204 a-
7.
7. Contracts on hand. (Schedule these, showing the amount of each contract
and the appropriate
or re erences.)
Orin
anticipateddates of completions,���and a pointo contact
�QcL7 1gq9969a,,. so acqth,Qc,/,, �, 4' 779% -Gt&td
itbM�'T�t� y wo awli�did6f0you? o %--3865
9. Have you ever defaulted on a contract?i%OIf
10. Experience in
along with the proj
bs-521-
1 Liy s-' t off' ma or
so, where and
construction similar in size and scope to
ect owners and engineers. /Orh 2.! -n
3/79 a11S
2M
equipmen
why?
this
project,
��w ��ti .fI
xicci
74k_ .3o7 le 8d.
Si104a ,Pnz
is contract ..W
sech
- /Go 3og
tiaa..,o,.y,to.1
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?
Dated at $'7/G/_�Z,!'fC'/2Lt 1�1�. thisy£ga/'d/ay of/�"
20 i 51 / ,{{�� /'/iz6 / 1�//G&
Name of Organization: �"�,_./ �j[X,[i E N
,.�-
State of
County of
by
Title
—/
deposes and says
that he (she) is the
being duly sworn
of Contractor(s),
and that answers to the foregoing questions and all statements therein
contained are true and correct.
Subscribed and sworn before me this day of
20
My commission expires
(seal)
Notary Public
• •
INSTRUCTIONS FOR BIDDERS:
1. Defined Terms. Terms used in these Instructions to Bidders
defined in the Standard General Conditions of the Construction Contract
have the meanings assigned to them in the General and Supplementary
Conditions. The term "Bidder" means one who submits a Bid directly
Owner, as distinct from a sub -bidder who submits a bid to a Bidder. The
"Successful Bidder" shall mean the lowest, qualified responsible and
which are
shall
to the
term
responsive Bidder to whom Owner (on the basis of Owner's
hereinafter provided) makes an award. The term "Bidding
the Advertisement or Invitation to Bid, Instructions to
Proposal Form, and the proposed Specifications and Contra
(including all Addenda issued prior to the receipt of Bid
evaluation as
Documents" includes
Bidders, the Bid
ct Documents
s).
2. Copies of the Bidding Documents. Complete sets of the Bidding Documents
in the number and amount, in any, stated in the Advertisement to Invitation to
Bid may be obtained from the Engineer upon request.
Complete sets of Bidding Documents must be used in preparing Bids; neither
the Owner nor Engineer assumes any responsibility for error or
misunderstandings resulting from the use of incomplete sets of Bidding
Documents.
Owner and Engineer in making copies of Bidding Documents available on the
above terms do so only for the purpose of obtaining Bids on the Work and do
not confer a license or grant for any other use.
3. 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.
4. Examination of Contract Documents and Site.
4.1. It is the responsibility of each Bidder before submitting a Bid, to
(a) examine the Contract Documents thoroughly,
(b) visit the site to become familiar with local and specific conditions which
may affect cost, progress, safety, performance or furnishing of the Work,
(c) consider all Local, State and Federal Regulations and Laws which may
affect cost, progress, safety, performance or furnishing of the Work,
(d) study and carefully correlate Bidder's observations with the Contract
Documents and
(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
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and data furnished to the Owner and Engineer by owners of such Underground
Facilities or others, and Owner nor Engineer does not assume responsibility
for the accuracy or completeness thereof unless it is expressly provided
otherwise in the Supplementary Conditions.
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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.
1 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
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accordance with the time, price and other terms and conditions of the Contract
Documents.
4.5 Upon request in advance, the Owner will provide each Bidder access to the
site to conduct any observations, explorations and tests as each Bidder deems
necessary for submission of a Bid. Bidder shall be required to fill in all
holes and to restore all property to its former condition.
1 4.6 The lands upon the Work is to be performed, rights-of-way and easements
for access thereto and other lands designated for use by the Contractor in
1 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.
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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.
All questions about the meaning or intent of the Contract Documents are
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
Addenda mailed or delivered to all parties recorded by the Engineer as
received the Bidding Documents. Only questions answered and/or other
information furnished by formal written Addenda will be binding.
The Point of Contact for questions and clarifications for this specific
project is Sid Norbash Staff Engineer (501) 575-8206.
6. Bid security.
Each Bid must be accompanied by Bid security made payable to the Owner
amount od five percent (5%) of the Bidder's total maximum bid price and
form of a certified or bank check or a Bid Bond (on form attached, if a
is prescribed and included) issued by a surety meeting the requirements
General and Supplementary Conditions.
to be
by
having
in an
in the
form
of the
The Bid security of the Successful Bidder will be retained until such Bidder
has executed the Agreement and furnished the required contract security,
whereupon the Bid security will be returned. If the Successful Bidder fails
to execute and deliver the Agreement and furnish the required contract
security within 15 days after the Notice of Award, Owner may annul the Notice
of Award and the Bid security of that Bidder will be forfeited. The Bid
security of other Bidders whom the Owner believes to have a reasonable chance
of receiving 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 returned
within 10 days of Bid opening.
7. 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. Liquidated Damages.
Provisions for liquidated damages, if any, are set forth in the Bid Proposal
and/or the Contract Agreement.
9. Substitute or "Or -equal" items.
The Contract, if awarded, will be on the basis of materials and equipment
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