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HomeMy WebLinkAbout125-05 RESOLUTION• • RESOLUTION NO. 125-05 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO T -G EXCAVATING, INC. IN THE AMOUNT OF $144,444.00 FOR THE FARMINGTON SANITARY SEWER SYSTEM MANHOLE REHABILITATION; AND APPROVING A 10% PROJECT CONTINGENCY IN THE AMOUNT OF $14,444.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby awards a construction contract to T -G Excavating, Inc. in the amount of $144,444.00 for the Farmington Sanitary Sewer System Manhole Rehabilitation. Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby approves a 10% project contingency in the amount of $14,444.00. PASSED and APPROVED this 5'h day of July, 2005. VT46zis: F ••Ps CIc^? .U• 6.131: :FAYETTEVILLE• ;17 15KAt45P�$ ATTEST: •'!/APGTON CO' "anu,wu" BY: a, • SONDRA SMITH, City Clerk 1 1 3 1 1 1 • • CITY OF FAYETTEVILLE, ARKANSAS AGREEMENT SANITARY SEWER MANHOLE REHABILITATION THIS AGREEMENT, made this 5I day of 1411 the City of Fayetteville, Arkansas, a municipal corporation and T G E e.thArt�; T�tC,. hereinafter referred to as Contractor. 2005, by and between WITNESSETH: WHEREAS, the City of Fayetteville has heretofore solicited Bids for all the work and improvements for the doing of all things included within the hereinafter specified Manhole Rehabilitation in the Farmington Sanitary Sewer System. WHEREAS, the City of Fayetteville did on the 54k-__ day of July , 2005 find that the Contractor was the lowest responsive, responsible Bidder for the hereinafter specified work and did award the Contractor a Contract for said work. NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertaking and agreements, the parties do hereby agree as follows: ARTICLE I - WORK TO BE DONE BY CONTRACTOR The Contractor agrees, at its own cost and expense, to do all the work and to furnish all the labor, materials, equipment and other property necessary to do, construct, install and complete all the works and improvements included in the Manhole Rehabilitation in the Farmington Sanitary Sewer System. All in full accordance with and in compliance with and as required by the hereinafter specified Contract Documents and any addenda for said work, and to do, at his own cost and expense, all other things required of Contractor by said Contract Documents for said work. ARTICLE II - CONTRACT DOCUMENTS The Contract Documents arc defined in the General Conditions. 1 Agreement City of Fayetteville Sewer System improvements 1 1 1 1 1 Po • • ARTICLE ill - CONTRACT AMOUNT The Contractor agrees to receive and accept the attached contract unit prices and/or lump sum prices as full compensation for furnishing all materials and equipment for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Fayetteville, and for all risks of every description connected with the work; also for well and faithfully completing the work, and the whole thereof, in the manner and according to and in compliance with the Contract Documents and the requirements of the Engineer under them, also for any and all things required by the Contract Documents. ARTICLE IV - LIQUIDATED DAMAGES OR ACTUAL DAMAGES AND EXCESS ENGINEERING COSTS The Contractor shall, and agrees to, pay to excess engineering as described in the General Conditions. The Contractor shall, and agrees to, pay for liquidated damages or actual damages if Contractor fails to complete the project within the specified time in accordance with the General Conditions. ARTICLE V - STARTING AND COMPLETION The Contractor agrees to commence work under this Agreement within ten calendar days of receipt of written Notice to Proceed and to complete all work included in this Contract to the point of substantial completion no later than 90 Calendar Days from the date of Notice to Proceed. The Contractor further agrees to complete all work to the point of final acceptance by the City of Fayetteville no later than 110 Calendar Days from the date of Notice to Proceed. The Contractor shall, and agrees to, famish and deliver to the City of Fayetteville, the Faithful Performance Bond, the Contractor's Labor and Material Bond, the Maintenance Bond and the insurance certificates and policies of insurance required of him by provisions of the Contract Documents, and to do, prior to starting work, all other things which are required of him by the Contract Documents as a prerequisite of starting work. ARTICLE VI - PAYMENTS TO CONTRACTOR The City of Fayetteville agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and do all the work, and do all other things hereinabove contained or referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. Ihcre shall be no measurement or separate payment for any items not listed and all costs pertaining thereto shall be included in the Contract unit prices for other items listed. Agreement City of Fayetteville Sewer System Improvements 2 • • ARTICLE VII — CHANGES TO CONTRACT Changes, modifications or amendments to this contract shall he valid when approved in advance using an appropriate written document (change order) describing the nature and intent of the change. Such authorization shall be executed by duly authorized representatives of the contracting parties. Material changes in contact costs, shall require approval by the Fayetteville City Council and Mayor, with a material change being defined as one whose cost increase results in the total contract amount exceeding the funding allocated for the project construction (base bid plus construction contingency). ARTICLE VIII — FREEDOM OF INFORMATION ACT City contracts and documents prepared while perfbrming City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, the Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in three original counterparts the day and year first above written. (SEAL) I G rxe.AVA-htnq,�.aG (Contractor) Attest: Name RR 11. AIME, Name SAA/DRR X. f/LRR,Mb, (please type) case type) Title Sift/2E6;41, (SEAL) Attest Title RES/DENT CITY OF F/AY TTEVILLE AR By A i1�( 4n/i/ Name c--cQndra c�/h /' Name Dan good n (please type) (please t Title 0:46j epak/Sa.OtUvm„ Title 3 , e heir Agreement City of Fayetteville Sewer System Improvements 1V 1 '1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �s. gas -as _. May 2005 Contract Documents City of Fayetteville Manhole Rehabilitation in the Farmington Sanitary Sewer System Prepared for the City of Fayetteville Fayetteville, Arkansas prepared by RJN Group, Inc. Consulting Engineers Dallas, Texas QOp ARI AS o 04� 't+r-.* Itt tz REGISTERED 0 ® PROFESSIONAL p Z ENGINEER g e is * %t y Bab o�' No.11277 5r a0 cygEL G•Mcaaa "eiiitgs/1 0/04- CONTRACT DOCUMENTS CITY OF FAYETTEVILLE MANHOLE REHABILITATION IN THE FARMINGTON SANITARY SEWER SYSTEM CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS MAY 2005 I hereby state that these Contract Documents were prepared under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Arkansas. Date: /I0/'oST Registration No. //Z77 ,m ge�Ei1 gFn. a® se ARI AN A S "til % Ba /e • REGISTERED PROFESENGISIONAL d(o70"; %e�"c No. 11277 ay -p0 o4-494EL G•M%Yl .•.iii.<. 1� 1 1 Il 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TITLE CONTRACT DOCUMENTS FOR THE CITY OF FAYETTEVILLE SEWER SYSTEM IMPROVEMENTS TABLE OF CONTENTS SECTION Pages BIDDING DOCUMENTS A INVITATION TO BID I-2 INSTRUCTIONS TO BIDDERS' 1-10 # BID 1-10 # BID BOND 1-2 # BONDING COMPANY INFORMATION 1 # SUBCONTRACTORS 1 # STATEMENT OF EXPERIENCE OF BIDDER 1 # STATEMENT OF COMMITMENT 1 CONTRACTUAL DOCUMENTS B AGREEMENT 1-3 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND I-2 MAINTENANCE BOND 1 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS* SUPPLEMENTARY CONDITIONS C CI CONSTRUCTION FORMS D 1-65 1-3 SUBMITTAL RECORD I PERIODIC PAYMENT FORMS 1-5 CHANGE ORDER 1-3 CONSTRUCTION LETTER 1 * Section has individual Table of Contents. # Items to be included in bid package. CITY OF FAYETTEVILLE INVITATION TO BID SANITARY SEWER MANHOLE REHABILITATION RECEIPT OF BIDS Separate sealed bids for Sanitary Sewer Manhole Rehabilitation, in Farmington, Arkansas are invited and will be received at the office of the Purchasing Officer located at 113 W. Mountain, Fayetteville, Arkansas, 72701 on or before, but no later than 2:00 PM , Local Time, on May 31, 2005. Immediately thereafter, or as soon thereafter as is practicable, all bids received from contractors will be publicly opened and the bid prices read aloud. Rehabilitaion of 15 manhole covers and frames, interior coating of approximately 10 manholes, sealing of 120 manhole frames and grade adjustments, and installation of 240 watertight inserts.. Sealed envelopes or packages containing bids shall be marked or endorsed "City of Farmington Sanitary Sewer Manhole Rehabilitation" and the Contractor's License Number and "Project Bid No. " shall be clearly marked on the outside of the envelope. CONTRACT DOCUMENTS Copies of the Contract Documents are on file and are available for inspection at the offices of McClelland Consulting Engineers, Inc., 1810 N. College Avenue, Fayetteville, Arkansas. Said Contract Documents are by this reference incorporated into and made a part of this Invitation to Bid and should be consulted for full particulars. Copies of the Contract Documents required for review or bidding purposes may be obtained only from the Office of McClelland Consulting Engineers, Inc., 1810 N. College Avenue, Fayetteville, Arkansas, upon payment to McClelland Consulting Engineers, Inc., 1810 N. College, Fayetteville, Arkansas, of 550.00 in check or money order for each set of documents obtained. The Contract Document fee is non-refundable. BID SECURITY Each bid shall be accompanied by a certified check or a cashier's check or bid bond payable to the order of the City of Fayetteville, Arkansas in an amount not less than five percent of the bid as a guarantee that the bidder will, within ten (10) days after the date of the award of contract, execute an agreement and file bonds and insurance as required by the Contract Documents if his bid is accepted. 1 Invitation to Bid City of Fayetteville Sanitary Sewer Improvements RIGHT TO REJECT BIDS The City of Fayetteville reserves the right to reject all bids for failure to comply with all requirements of this notice including pre -qualification or any of the Contract Documents; however, the City of Fayetteville may waive any minor defects or informalities at its discretion. The City of Fayetteville reserves the right to defer the acceptance of any bid and the execution of a contract for a period not exceeding ninety (90) days after the date of opening of bids. Extension of time beyond the ninety (90) day period after the date of opening of bids may be made only by mutual agreement between the City of Fayetteville, the successful bidder and the Surety for the successful bidder. AWARD OF CONTRACT Unless all bids are rejected the contract award will be made to the responsible, responsive Bidder who submits the low bid. In determining who is the lowest responsive, responsible bidder, the City of Fayetteville will consider all relevant factors which the City of Fayetteville may consider in determining who is the lowest responsive, responsible bidder. Any bid may be modified or withdrawn prior to the above scheduled time for the opening of bids. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof. The successful bidder shall furnish a performance bond, labor and material bond, and a maintenance bond each for one hundred (100%) percent of the Contract amount and shall file certificates with the City of Fayetteville that he has obtained and will continue to carry Workmen's Compensation Insurance, City of Fayetteville's and Engineer's Protective Insurance, public and private liability and property damage insurance in adequate amount and for the life of the Contract. All questions or correspondence concerning the plans and specifications shall be directed to Michelle Speaker, P.E., at the office of the Engineer, RJN Group, Inc., 12160 Abrams Road, Suite 400, Dallas, Texas 75243, phone no. (817) 595-2199. City of Fayetteville, Arkansas Peggy Vice Purchasing Officer Publication: P.O. m Invitation to Bid City of Fayetteville Sanitary Sewer Improvements 2 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS FOR INSTRUCTIONS TO BIDDERS SUBJECT PAGE A EXAMINATION OF SITE 1 B EXAMINATION OF BIDDNG DOCUMENTS . 1 C INTERPRETATION OF CONTRACT DOCUMENTS 1 D MATERIAL SUBSTITUTION . 1 E APPROXIMATE QUANTITIES '? F PREPARATION OF BID 2 G SIGNING OF BID 3 H BID SECURITY . 3 1 RETURN OF BID SECURITIES 3 J AGREEMENT, BONDS, INSURANCE 3 K DESIGNATION OF SUBCONTRACTORS 4 L BID SUBMITTAL 4 M WITHDRAWAL OF BID 4 N QUALIFICATION OF BIDDERS 4 0 DISQUALIFICATION OF BIDDERS 5 P PENALTY FOR COLLUSION 5 Q LICENSE 6 R PRECONSTRUCTION CONFERENCE 6 S BID OPENING 6 T AWARD OF CONTRACT . 6 U EFFECTIVE DATE OF AWARD 7 ✓ EXECUTION OF AGREEMENT 7 W FAILURE TO EXECUTE AGREEMENT AND FILE BONDS AND INSURANCE X PAYMENT FOR EXCESS COSTS AND LIQUIDATED DAMAGES 8 Y COMMENCEMENT AND COMPLETION OF WORK 8 Z INFORMATION NOT GUARANTEED 8 AA COVENANT AGAINST CONTINGENT FEES 9 BB GRATUITIES 9 CC SUBCONTRACTS UNDER CONSTRUCTION CONTRACTS. 10 DD PREVAILING WAGE DETERMNATION 10 INSTRUCTIONS TO BIDDERS A. Examination of Site Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all laws, regulations, and other factors affecting performance of the Work. He shall carefully correlate his observations with the requirements of the Contract Documents and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of familiarization. B. Examination of Bidding Documents Each Bidder by making his Bid represents that he has read and understands the Bidding Documents. The Bidder shall include in his bid prices any and all costs that may be necessary to complete the work in accordance with the requirements of the Contract Documents. C. Interpretation of Contract Documents Questions regarding documents, discrepancies, omissions, or intent of the Specifications or drawings shall be submitted in writing to the City of Fayetteville through the Engineer, at least three working days prior to opening of bids to provide time for issuing and forwarding an addendum. Any interpretation of the Contract Documents will be made only by addendum duly issued or delivered by the City of Fayetteville to each person receiving a set of documents. The City of Fayetteville will not be responsible for any other explanations or interpretations of the Contract Documents. D. Material Substitution Each Bidder shall base his Bid upon the materials and equipment as described in the Bidding Documents. The successful Contractor will not be allowed to make any substitutions on his own initiative, but in each instance will be required to obtain authorization from the City of Fayetteville before installing any work in variance with requirements of the Contract Documents. 1 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements E Approximate Quantities On all items on which Bids are to be received on a unit price basis the quantities stated in the Bid will not be used in establishing final payment due the Contractor. The quantities stated, on which unit prices are invited, are approximate only. Bids will be compared on the basis of number of units stated in the Bidding Schedule. Payment on the Contract on unit price items will be based on the actual number of units installed in the completed work. F. Preparation of Bid All prospective bidders and proposed subcontractors on this contract must demonstrate that they have comparable experience in this type of work for their bid to be considered responsive. Each bidder and subcontractor must show evidence of having successfully completed a minimum of three manhole rehabilitation contracts with construction cost of at least $100,000 each during the last three years. The Contractors may use subcontractors that do not have the three previous manhole rehabilitation project experience for construction of new manholes only. Bids submitted by prospective bidders who do not show demonstrated qualifications will be considered nonresponsive and will be rejected: Only bids which are made out on the Bid Form included in this document will be considered. The Bid Form must not be separated from this document. Amounts are to be shown in both words and figures where indicated In case of discrepancy between words and figures the words shall prevail, unless it clearly appears in City of Fayetteville's opinion that the words rather than the figures are in error. If any portion of the Bid is required to be given in unit prices and totals and a discrepancy exists between the unit price and totals, the unit prices shall prevail, unless it clearly appears in City of Fayetteville's opinion that the unit prices rather than the total are in error. If a discrepancy exists between the total Bid and the true sum of the individual Bid items, the true sum shall prevail. A Bid will be rejected if it does not contain a price for each and every item named in the bidding schedule. Bidders are warned against making any erasures or alterations of any kind, and Bids which contain omissions, erasures, conditions, alterations, or additions not called for may be rejected. If a deficiently prepared bid is not rejected, the City of Fayetteville may demand correction of any deficiency and award the contract to the bidder upon satisfactory compliance with the Instructions. Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 2 G. Signing of Bid If the Bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a co -partnership, the true name of the firm shall be set forth together with the signatures of all the partners. If Bidder is an individual, his signature shall be inscribed. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a power of attorney must be on file with the City of Fayetteville prior to opening Bids or submitting Bids; otherwise, the Bid may be regarded as irregular. H. Bid Security No Bid will be considered unless accompanied by a Bid security as defined in the Invitation to Bid, as a guarantee that if the Bid is accepted the Bidder will execute the Agreement and file bonds and insurance as required by the Contract Documents within 10 days from the date of the award of the Contract. For the bid bond to be acceptable, the name of the surety company issuing said bond shall be licensed to do business in the State of Arkansas and shall be included on the current U.S. Treasury list of acceptable sureties ("A" rated or better), and the amount of the bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. The Bidder shall submit with Bid the Bonding Company Information Sheet as part of the Bid Proposal. Retum of Bid Securities The security of the two lowest Bidders will be returned after the execution of the agreement with the successful Bidder and the approval of his bonds and insurance. The security of all other Bidders will be returned promptly after the Bids have been opened and reviewed by the City of Fayetteville. If all Bids are rejected the securities wjll be returned at the time of rejection. J. Agreement, Bonds, Insurance The attention of Bidders is specifically directed to the forms of agreement and bonds to be executed and types of insurance to be taken out in the event a contract award is made. 3 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements K. Designation of Subcontractors Each bidder shall list on the form included in these documents the names and addresses of all subcontractors who will perform work or labor or render service to the Bidder on or about the construction site in an amount in excess of five percent of the Bidder's total Bid. Each Bidder shall show on the form the portion of the work to be done by each subcontractor. The Contractor shall be required to perform a minimum of thirty (30) percent of the contract amount with his own crews. L. Bid Submittal 1. Each Bid, properly signed, together with the Bid security and all documents bound herewith, shall be enclosed in a sealed envelope addressed and entitled as specified in the Invitation to Bid and delivered to the office designated in the Invitation to Bid. 2. Each Bidder shall submit with his Bid one copy of the Contract Documents with all Addendum and the "Subcontractors" form contained in this document. All Subcontractors who will be doing manhole rehabilitation work must be pre- qualified. M. Withdrawal of Bid Any Bid may be withdrawn at any time prior to the hour fixed in the Invitation to Bid for the opening of Bids, provided that a request in writing, executed by the Bidder, or his duly authorized representative, for the withdrawal of such Bid is filed with the City of Fayetteville prior to the time specified for opening of Bids. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid. N. Qualification of Bidders 1. It is the intention of the City of Fayetteville to award a Contract only to a Bidder who furnishes satisfactory evidence that he has the requisite experience and ability and that he has sufficient capital, facilities, and plant to enable him to prosecute the work successfully and promptly, and to complete the work within the time specified in the Contract Documents. Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 4 Each Bidder shall submit with his Bid the executed Bidder's "Statement of Experience" form and "Statement of Commitment" form contained in this document. Each bidder shall also submit documented evidence that he has, with his own forces, completed a minimum of three manhole rehabilitation projects with a construction cost of at least $100,000 each during the past three years. 3. The City of Fayetteville reserves the right to require the three lowest Bidders to file proof within seven (7) calendar days of the Bid opening of their ability to finance and execute the project. This proof shall include, but not be limited to, a financial statement certified by a CPA for the last three years, a list of equipment owned by Bidder, a backlog of jobs under contract and amounts, and a record of successful completion of similar projects. 4. The successful Bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. The successful Bidder must meet the statutorily prescribed requirements before Award of Contract by the City of Fayetteville. 6. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such Contractor's and Busincss Licenses as required by State statutes and the Rules and Regulations of the Arkansas Contractor's Licensing Board. 7. All contracts shall be interpreted under Arkansas Law. 0. Disqualification of Bidders More than one Bid for the same work described in this documcnt from an individual, firm or partnership, a corporation or an association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one Bid for the work contemplated will cause the rejection of all Bids in which such Bidder is interested. If there is reasonable grounds for believing that collusion exists among the Bidders, the Bids of the participants in such collusion will not be considered. Penalty for Collusion If at any time it shall be found that the person, firm, or corporation to whom the contract has been awarded has, in presenting any Bid or Bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Contractor and his sureties shall be liable to the City of Fayetteville for all loss or damage which the City of Fayetteville may suffer thereby, and the City of Fayetteville may advertise for new Bids for said work. 5 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements License Each Bidder shall possess state and local licenses as are required by law, and shall famish satisfactory proof to the City of Fayetteville upon request that the licenses are in effect during the entire period of the Contract. R. Preconstruction Conference A preconstruction conference shall be held after the time of the Contract award and before the Notice to Proceed to discuss the responsibility of each party in the project and to clarify any questions. Representatives of the Contractor shall be required to attend the conference. S. Bid Opening Bids will be opened and the prices bid will be read aloud publicly at the time and place indicated in the Invitation to Bid. Bidders or their agents are invited to be present. T. Award of Contract 1. The City of Fayetteville shall award a contract to the Bidder whom, in the City of Fayetteville's judgement, is the lowest responsive, responsible Bidder. The City of Fayetteville reserves the right to reject all Bids, to waive informalities, and to reject nonconforming, nonresponsive, or conditional Bids In evaluating Bids, City of Fayetteville shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternatives and unit prices if requested in the Bid Form. City of Fayetteville may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment), and may reject the Bid of any Bidder who does not pass any such evaluation to City of Fayetteville's satisfaction. 3. A responsive Bidder shall be one who has responded accurately to all requirements of these Contract Documents including pre -qualifying in the preparation and submission of his Bid. If any alterations, erasures or changes are made to the printed Bid Form, the Bid shall be considered nonresponsive 4. The City of Fayetteville reserves the right to accept and incorporate corrections, clarifications or modifications following bid opening when to do so would not, in Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 6 the City of Fayetteville's opinion, prejudice the bidding process or create any improper advantage to any bidder; and to waive irregularities and informalities in any proposal submitted or in the bidding process; provided, however, that the waiver of any prior defect or informality shall not be considered a waiver of any future or similar defects or informalities and bidders should not rely upon, or anticipate, such waivers in submitting their proposals. If the Contract is awarded, City of Fayetteville shall give the apparent successful Bidder a Notice of Award within 90 days after date of the Bid Opening. Effective Date of Award If a Contract is awarded by the City of Fayetteville, such award shall be effective when formal notice of such award, signed by the authorized representative of the City of Fayetteville, has been delivered to the intended awardee, by some officer or agent of the City of Fayetteville duly authorized to give such notice or received by mail at the main business address shown on his Bid. Execution of Agreement Contractor shall deliver a signed contract to the City of Fayetteville within seven (7) days of bid opening. Contractor must submit required bonds and insurance within ten (10) days of Notice of Award by the City. Effective date of bonds shall be the same or later than the date of the Agreement. The City of Fayetteville has ten (10) days from receipt of acceptable performance bonds and Agreement (signed by the Contractor) to sign the Agreement and return to the Contractor an executed duplicate of the Agreement. W. Failure to Execute Agreement and File Bonds and Insurance • Failure of a successful Bidder to execute the Agreement and file required bonds and insurance within the required time shall be just cause for the annulment of the awards On failure of a successful Bidder to execute the Agreement and file the required bonds and insurance within the required time, he shall forfeit his Bid security as agreed hereinbefore. Upon annulment of an award as aforesaid, the City of Fayetteville may then award a Contract to the next lowest responsible Bidder. 7 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements X. Payment for Excess Costs and Liquidated Damages The successful Contractor will be required to pay for excess cost of field engineering and inspection and liquidated damages as defined in the General Conditions of the Contract, if extensions of time are granted by City of Fayetteville because of avoidable delays or if the Contractor elects to work overtime hours as defined in the General Conditions of the Contract. Commencement and Completion of Work The Notice to Proceed for the Schedule of work shall be issued within thirty days of the execution of the Agreement by the City of Fayetteville. The successful Bidder shall commence work within ten calendar days from and after the issuance by the City of Fayetteville of a written Notice to Proceed, shall substantially complete all work in accordance with the terms and conditions of the Contract Documents no later than 90 calendar days, and shall complete all work to the point of final acceptance by the City of Fayetteville no later than 110 calendar days. The Notice to Proceed will be issued after receipt of acceptable insurance, bonds, and other required items. Z Information Not Guaranteed I. All information given on the Drawings or in the other Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the City of Fayetteville. All such information is furnished only for the information and convenience of bidders and is not guaranteed. 2. It is agreed and understood that the City of Fayetteville does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes or other structures encountered during construction will be the same as those indicated on the Drawings or in the other Contract Documents. 3. It is agreed further and understood that no bidders or contractor shall use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the City of Fayetteville or the Engineer, arising from or by reason of any variance which may exist between the information made available and the actual subsurface or other conditions, natural phenomena, existing pipes or other structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents. Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 8 AA. Covenant Against Contingent Fees The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty the City of Fayetteville shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. BB. Gratuities 1. The City of Fayetteville may, by written notice to the contractor, terminate the right of the contractor to proceed under this contract if it is found, after notice and hearing, by the City of Fayetteville that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the contractor or any agent or representative of contractor, to any official or employee of the City of Fayetteville with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of this contract ?. In the event this contract is terminated as provided in the paragraph (1) above, the City of Fayetteville shall be entitled: a) to pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor, and b) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the City of Fayetteville) which shall be not less than three nor more than ten times the costs incurred by the contractor of providing any such gratuities to any such officer or employee. The rights and remedies of the City of Fayetteville provided in this clause shall not be exclusive and are in additions to any rights and remedies provided by law or under this contract. 9 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements CC. Subcontracts Under Construction Contracts The award or execution of all subcontracts by a prime contractor and the procurement and negotiation procedures used by such prime contractor in awarding or executing such subcontracts shall comply with. 1. All provisions of State and local law; 2. All provisions of these General Conditions with respect to fraud and other unlawful or corrupt practices; and 3. All provisions of these General Conditions with respect to access to facilities and records and audit of records. DD. Prevailing Wage Determination Arkansas Prevailing Wage Determination Number 02-060 establishes the minimum wage rates to be paid on this project. This Determination is included in these Contract Documents and is a part thereof. These rates were established pursuant to the Arkansas Prevailing Wage Law, Arkansas Code Ann. SS22-9-301 to 22-9-315 (1987) and the administrative regulations promulgated thereunder. The Contractor shall post this Determination at the fob site in a prominent and easily accessible place. EE. Freedom of Information Act City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. END OF INSTRUCTIONS TO BIDDERS SECTION Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 10