HomeMy WebLinkAbout140-01 RESOLUTION•
RESOLUTION NO, 140-01
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO JERRY D. SWEETSER, INC. IN THE AMOUNT OF THREE
HUNDRED FIFTY-EIGHT THOUSAND NINE HUNDRED
NINETY-SIX DOLLARS AND SIXTY-EIGHT CENTS ($358,996.68)
TO BUILD THE JOYCE BOULEVARD AND EASTERN MUD
CREEK MULTI -USE TRAILS; AN ADDITIONAL FIVE
THOUSAND DOLLARS ($5,000.00) FOR MATERIALS TESTING;
AND APPROVING A FIFTEEN PERCENT (15%) PROJECT
CONTINGENCY OF FIFTY-THREE THOUSAND EIGHT
HUNDRED FORTY-NINE DOLLARS AND FIFTY CENTS
($53,849.50).
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
Jerry D. Sweetser, Inc. in the amount of Three Hundred Fifty -Eight Thousand
Nine Hundred Ninety -Six Dollars And Sixty -Eight Cents ($358,996.68) to build
the Joyce Boulevard and Eastern Mud Creek Multi -Use Trails and an additional
Five Thousand Dollars ($5,000.00) for materials testing.
Section 2. That the City Council hereby approves a Fifteen Percent (15%)
project contingency of Fifty -Three Thousand Eight Hundred Forty -Nine Dollars
And Fifty Cents ($53,849.50).
Section 3. That the City Council hereby authorizes the Mayor to sign such
a contract with Jerry D. Sweetser, Inc.
PASSED AND APPROVED this 16th day of October, 2001.
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ATTEST:
By:
1�M
EATHER WOODRUFF,ityClerk
APPROVED:
By:
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
•
Resolution No. 140-01
Document
1
07/19/02
Change
Trail
date
10/16/2001
Const.
Order
Project
#1 - Joyce Blvd. Trail
No. 99081-20
with Jerry D. Sweetser,
& Eastern
Contract
Mud Creek
01-24 Contract
Inc.
2
07/31/02
Change
Trail
date
10/16/2001
Const.
Order
Project
#2 - Joyce Blvd. Trail
No. 99081-20
with Jerry D. Sweetser,
& Eastern
Contract
Mud Creek
01-24 Contract
Inc.
3
3/a 8/o3
C . o ** 00 3. \3\aa. ice. --A ti
� '-
NOTES:
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 140-01
10/16/01
Resolution No. 140-01
10/16/01
Agreement with Jerry D. Sweetser, Inc. (contractor)
10/04/01
Memo to Fayetteville City Council thru Mayor Coody, Greg Boettcher,
PW Director, Jim Beavers, City Engineer, from Paul Libertini, Staff
Engineer
09/27/01
Memo to Fayetteville City Council thru Mayor Coody, Greg Boettcher,
PW Director, Jim Beavers, City Engineer, from Paul Libertini, Staff
Engineer
10/03/01
Bid #01-24, Bid Tabulation Form
Fayetteville Parks & Recreation Brochure/Recreation & Park Site
Legend
10/04/01
Copy of Purchase Requisition
10/16/01
Staff Review Form
10/29/01
Memo to Paul Libertini, Engineering Division, from Heather Woodruff,
City Clerk
NOTES:
0441 e ipde
Project Manual
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CITY OF FAYETTEVILLE
ARKANSAS
Fij
Joyce Blvd. Trail & Eastern Mud
Creek Trail Construction
(ATEP-95)(S)
F.A.P. STPE-ENHN (160)
JOB NO. 040318
BID # 01-24
JULY 2001
Section 00005
TABLE OF CONTENTS
Joyce Boulevard Trail Construction
Eastern Mud Creek Trail Construction
Section No. Title
00005 Table of Contents
00020 Advertisement for Bids
BIDDING REQUIREMENTS
00100 Instructions to Bidders
00300 Bid Form
00350 Bid Bond
Pages
00005-1 to 00005-2
00020-1
00100-1 to 00100-10
00300-1 to 00300-10
00350-1 to 00350-2
CONTRACT FORMS AND CONDITIONS
00500
00700
00800
FHWA-1273
SS 100-3
Agreement Form Between Owner & Contractor
Construction Performance Bond - Exhibit A
Construction Payment Bond - Exhibit B
Certificates of Insurance - Exhibit C
Notice to Proceed
General Conditions
Supplementary Conditions
Special Provisions Listing & Supplements
Disadvantaged Business Enterprise in Highway Const .
SPECIFICATIONS
Division 1 - General Requirements
00500-1 to 00500-9
00500-8
00500-9
00500-10
00500-11
1 to 42
00800-1 to 00800-13
30 pages
.. 1 page
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
08/28/01
01010-1
01025-1
01027-1
01035-1
01040-1
01051-1
01060-1
01090-1
01300-1
01310-1
01410-1
01500-1
01620-1
01630-1
01700-1
to 01010-2
to 01025-13
to 01027-3
to 01035-3
to 01040-4
to 01051-2
to 01060-3
to 01090-3
to 01300-4
to 01310-2
to 01410-3
to 01500-5
to 01620-2
to 01630-2
to 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
02279 Articulated Cellular Concrete Interlocking Blocks
02500 Asphaltic Cement Paving
02600 Pipelaying
02720 Storm Sewer System
02800 Chain Link Fence & Gate
02840 Signage
02852 Pre -Fabricated Bridge
02900 Landscaping
Division 3 - Concrete
02050-1
02100-1
02161-1
02220-1
02230-1
02261-1
02270-1
02279-1
02500-1
02600-1
02720-1
02800-1
02840-1
02852-1
02900-1
to 02050-2
to 02100-4
to 02220-10
to 02230-6
to 02261-7
to 02270-4
to 02279-5
to 02500-11
to 02600-4
to 02720-4
to 02800-6
to 02840-4
to 02852-4
to 02900-12
03210 Reinforcing Steel 03210-1 to 03210-3
03316 Miscellaneous Concrete Work 03316-1 to 03316-13
City of Fayetteville
End of Section 00005
08/28/01
Page 00005-2
Section 00020
ADVERTISEMENT FOR BIDS
BID # 01-24
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 2:00 p.m. (local time) on Wednesday, October 3, 2001, for furnishing all tools, matenals and labor
and performing the necessary work for the construction of Proiect A: Joyce Boulevard Trail &
Project B: Eastern Mud Creek Trail for Fayetteville, Arkansas. At this time and place all bids received
will be publicly opened and read aloud.
The work generally consists of the construction of approx. 1,750 LF of 10' wide concrete multi -use trail
with base, associated earthwork and demolition for Proiect A; and construction of approx. 3,500 LF of
10' wide asphalt multi -use trail with base including a 95 LF pre -fabricated bndge, associated earthwork
and culverts for Project.B ; and all items indicated m the Drawings and Specifications for both projects.
Drawings and specifications are on file and maybe 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 famihanze themselves with
all conditions to be encountered. Bid security, as defined in the Instructions To Bidders, m the amount
of 5 percent of the Bid must accompany the Bid.
Bidding Documents may be reviewed at the:
City of Fayetteville
Engineering Department
113 W. Mountain
Fayetteville, AR 72701
(Phone: 501-575-8206)
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.
The City of Fayetteville hereby notifies all bidders that this contract is subject to applicable labor laws,
non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards
Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply.
Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small,
minority and women business enterpnses to bid on and receive contracts for goods, services, and
construction. Also, the City of Fayetteville encourages all general contractors to subcontract portions 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
The City Council reserves the nght 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 09/21/01 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 Biddmg Documents are to be issued and where the
bidding procedures are to be administered.
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 m
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.
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
City of Fayetteville 05/24/01 Page 00100-1
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 information 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 matenals required and with full knowledge of the drawings, profiles,
specifications, and estimates and all provisions of the contract and Bonds.
3.3 Bidders shall promptlynohfyEngineer 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 05/24/01 Page 00100-2
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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 matenals 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 ofquantities, 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 maybe 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, matenals, 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 05/24/01 Page 00100-3
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7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost ofthe 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 venfy 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 m ink on the Bid Form included m 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 unitpri or lump sum bid for each item must be stated in m
wfo dsmn-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 m 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 (Optional), 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 05/24/01 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 authonzed. 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 wntrng 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 security 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 secunty 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 05/24/01 Page 00100-5
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11.2 Contractor shall include provisions in the bonds which will guarantee the faithful performance of
the prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law, Arkansas
Code Annotated § 22-9-308(d).
11.3 Contractor shall pay all expenses 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 firmshed or performed in the construction of such alterations and additions
as prescribed in this contract.
11.4 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.
11.5 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.
11.6 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.
11.7 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 of workman's compensation insurance and public liability insurance as may be required.
City of Fayetteville 05/24/01 Page 00100-6
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.
15 SUBSTITUTE AND "OR EQUAL" ITEMS
15.1 The contract, if awarded, will be on the basis of materials and equipment descnbed 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 tf 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 A Contractor's License is not required to bid this project, however, pnor to executing the
agreement with the City of Fayetteville, the Contractor shall be licensed in accordance with the
requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for
Contractors" for bids in excess of $20,000.
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 or Engineers's request, detailed wntten evidence
such as financial data, present commitments, and other such data as may be called for. Each Bid
must contain 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 pnces 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 05/24/01 Page 00100-7
18.5 Lack of competency as revealed by the financial statement, expenence, plant, and equipment
statements submitted. Lack of responsibility as shown by past work judged from the standpoint
of workmanship and progress.
18.6 Uncompleted work which, in the judgement of Owner, might hinder or prevent the prompt
completion of additional work if awarded.
18.7 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 m a room
to be designated by Owner the day of the bid opening. An abstract of the amounts of the base Bids
and major altemates (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 matenals 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.
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.
City of Fayetteville 05/24/01 Page 00100-8
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 wasting 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 concerning retainage and Contractor's rights 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.
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.
City of Fayetteville 05/24/01 Page 00100-9
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.
27.4 Arkansas Prevailing Wage Law, Arkansas Code Annotated §§ 22-9-301 to 22-9-315 and the
administrative regulations promulgated thereunder. (See Section 01060 - Regulatory
Requirements for PREVAILING WAGE DETERMINATION for this project.)
28 *** FEDERAL CERTIFICATIONS ***
28.1 It is MANDATORY for the Contractor to execute and submit the two (2) federal certifications
directly following Section 00100:
• Anti -Collusion and Debarment Certification
• Certification for Federal -Aid Contracts
*** FAILURE TO EXECUTE AND SUBMIT THESE CERTIFICATIONS SHALL
RENDER THIS BID NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD
CONSIDERATION. ***
End of Section 00100 - Instructions to Bidders
City of Fayetteville 05/24/01 Page 00100-10
10/9/98 Page 1 oft
CITY OF FAYETTEVILLE
SUPPLEMENT TO PROPOSAL
ANTI -COLLUSION AND DEBARMENT CERTIFICATION
FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID
NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION.
As a condition precedent to the acceptance of the bidding document for this project, the bidder bitimshalIfile this
Affidavit executed by, or on behalf of the person , firm, association, or corporation submitting the bid. The
original of this Affidavit shall be filed with the sponsor at the time or000sals are submitted.
AFFIDAVIT
I hereby certify, under penalty of perjury under the laws of the United States and/or the State of Arkansas, that
the bidder listed below has not, either directly or indirectly, entered into any agreement, participated in any
collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted
bid for this project, is not presently barred from bidding in any other junsdlction as a result of any collusion or
any other action in restraint of free competition, and that the foregoing is true and correct.
Further, that except as noted below, the bidder, or any person associated therewith in the capacity of owner,
partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the
administration of Federal funds:
a. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
Federal agency;
b. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency
within the past 3 years;
c. does not have a proposed debarment pending; and
d. has not been indicted, convicted, or had an adverse civil judgment rendered by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
•
•
10/9/98 Page 2 of 2
CITY OF FAYETTEVILLE
SUPPLEMENT TO PROPOSAL
ANTI -COLLUSION AND DEBARMENT CERTIFICATION
FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER TIHS BID
NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION.
EXCEPTIONS:
Applied To Initiating Agency Dates of Action
A\
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. Providing false information may result in criminal prosecution ; r administrative sanctions.
QS-WE.E_-1W ,
JOB NO.
F.A.P. NO.
/0-3-0I
(Date Executed)
(Name of Bidder)
(Signature)
CA }Ills Am c CSL..S +(sE.R
(Title of Person Signing)
The following Notary Public certification is OPTIONAL and may or may not be completed at the Contractor's
discretion.
State of HtkgnuSA.s
County of rr\Adi-fd o ti
)ss.
(Ai/ I / I R rn 6 CSc4i EE, -As ag , being duly sworn, deposes and says that he is
PE.EeS 1 dE A-
(Title)
of cJFPP/ .0- CS wE.tsft, 7-Jc.
(Name of Bidder)
and that . vestatements are true and correct.
,\,11\11111111./..I
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�s fibed•andFSri
e*piresi 0 ''•.°a "
Q.C 1:401—i00
•
? r"?A\O o _S
to obefore me this
03
•
day of 6)-e_f01)62 , 19a2615. My commission
.!ei-bEa.s A •
(Notary Public)
•
•