Loading...
HomeMy WebLinkAbout134-06 RESOLUTION4 RESOLUTION NO. 134-06 A RESOLUTION APPROVING A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $908,710.00 FOR 24" WATER 'MAIN REPLACEMENT PROJECT (W. CUSTER LANE/MORNINGSIDE DRIVE); APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $90,000.00;. AND tAPPROVING A : BUDGET ADJUSTMENT IN THE AMOUNT OF $214,700.00. 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 approves a Contract with Crossland Heavy Contractors, Inc. in the amount of $908,710.00 for 24" Water Main Replacement Project (W. Custer Lane/Morningside Drive). A copy of the Contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Project Contingency in the amount of $90,000.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $214,700.00. PASSED and APPROVED this 15th day of August, 2006. APPROVE ► ATTEST: By: ALL 1�r By P w SO DRA SMITH, City Clerk ..................... �„annnrrrrr RK/TR�'�.,,� & SGS', .13 .. •G\1 Y O,c . ,P Ev• = • :FAYETTEVILLE: ..;...:70/1141�KAN;C' Jf/' j11 ,G7 6 111Gp`S DAN COODY, Mayor a- . .1, 1 1 1 1. 1 1. 1 CONTRACT OWNER SPECIFICATIONS AND CONTRACT DOCUMENTS 24 -INCH WATER MAIN REPLACEMENT WEST CUSTER STREET AND MORNINGSIDE DRIVE AREAS FOR CITY OF FAYETTEVILLE, ARKANSAS `\.c� OF AUTO ip AtQ' O *Goodwin, Williams y w and Yates, kn. --I %V No. O, _� 914N3AS EN SI?: �-40//H iittU % City of Fayetteville Project No. 05040 Hans No. Fy-332 June 2006 McGoodwin Williams fr Yates t.. Engineering Confidence Fayetteville, Arkansas ©2006 McGoodwin, Williams and Yates yCrE-r14, IZAA *6 uI, ERLD PROFESSIONAL % 4 EN2I dI ER c 4Pa No.9240 O'er t����?Ilzj� R.os. 39-0fer, RrCEIVED �.P9 2006 Qt_LRIiNG DIV. 1 1 1 1 1 1 1 11 ADDENDUM NO. 1 24 -INCH WATER MAIN REPLACEMENT West Custer Street and Morningside Dnve Areas. City of Fayetteville, Arkansas Plans No. Fy-332 Dated June 2006 RECEIVED SEP IZ2006 ENGINEERING DIV. The Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: SPECIFICATIONS Section 02565 — Ductile Iron Pipe and Fittings for Water Lines 1) On page 02565-1, paragraph B.1.b.1), delete sentence, "All fittings shall have a minimum pressure rating of 250 psi, andshall be "Made in U.S.A." and replace with sentence, "All fittings shall have a minimum pressure rating of 250 psi and shall be certified in accordance with ISO 9001." Section 02570 — High Density Polyethylene Pipe and Fittings 1) On page 02570-1, at the end of Section B.4, add the following sentence: "The HDPE pipe dimensions shall be in accordance with the DIPS sizing system." • GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 5-1 of the Bid. July 25, 2006 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404 FAX (479)443-4340 1 1 1 1 1 1 1 1 CITY OF FAYETTEVILLE, ARKANSAS 1 1 1 1 1 1 1 1 SPECIFICATIONS AND CONTRACT DOCUMENTS 24 -INCH WATER MAIN REPLACEMENT WEST CUSTER STREET AND MORNINGSIDE DRIVE AREAS FOR City of Fayetteville Project No. 05040 Plans No. Fy-332 June 2006 McGoodwin Williams if Yates Engineering Confidence Fayetteville, Arkansas ©2006 McGoodwin, Williams and Yates TABLE OF CONTENTS 1 ADVERTISEMENT FOR BIDS 2 INSTRUCTIONS TO BIDDERS 4 ARKANSAS DEPARTMENT OF LABOR WAGE DETERMINATION 5 BID 6 AGREEMENT 7 PERFORMANCE BOND AND PAYMENT BOND 8 GENERAL CONDITIONS SC SUPPLEMENTARY CONDITIONS DIVISION 1 - GENERAL REQUIREMENTS 01000 PROJECT REQUIREMENTS 01025 METHODS OF MEASUREMENT AND PAYMENT 01301 SCHEDULES 01335 SUBMITTALS 01620 STORAGE AND HANDLING OF MATERIALS 01660 TESTING DIVISION 2 - SITEWORK 02110 CLEARING RIGHTS OF WAY, CUTTING AND REBUILDING/REPAIRING FENCES 02113 SURFACE REMOVAL 02211 CLASSIFICATION OF EXCAVATION FOR CONST. OF WATER LINE 02221 PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL 02461 AGGREGATE BASE COURSE, CLASS 7 02510 STREET AND COUNTY ROAD CROSSINGS 02512 ARK STATE HIGHWAY CROSSINGS AND ACCESS ROAD CROSSINGS 02565 DUCTILE IRON PIPE ANDFITTINGS 02566. POLYETHYLENE ENCASEMENT 02570 HIGH-DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS 02595 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR WATER LINE 02639 FIRE HYDRANTS 02640 AIR RELEASE AND VACUUM VALVE ASSEMBLIES 02642 GATE VALVES AND BUTTERFLY VALVES 02643 FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES 02660 WATER SERVICE RECONNECTION 02920 PIPELINE CLEANUP AND SEEDING DIVISION 3 - CONCRETE 03300 CONCRETE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADVERTISEMENT FOR BIDS 24 -Inch Water Main Replacement: West Custer Street and Morningside Drive Bid 06-49 Notice is hereby given that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street; until 2:00 p.m. on Wednesday, July 26th, 2006, for furnishing all tools, materials and labor, and performing the necessary work for construction of 24 -Inch Water Main Replacement: West Custer Street and Momingside Drive Areas. At this time the bids received will be publicly opened and read aloud in Room 326 of City Hall. The work generally consists of: Replacement of approximately 4,200 linear feet of 24 -inch water line including valves and all other appurtenances necessary for a complete installation. Bids for approximately 1,500 linear feet of replacement near Custer Street will include three options: 1) Removal and replacement of existing water line using 24 -inch ductile iron pipe; 2) Construction of a parallel water line using 24 -inch ductile iron pipe; and 3) Slip lining approximately 1,100 linear feet of existing 24 -inch ductile iron pipe with 18 -inch HDPE pipe and construction of approximately 400 linear feet of 24 -inch ductile iron pipe. Plans and specifications are on file and .may be examined in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. Copies of these documents may be obtained from the office of said engineers upon request and upon the payment. of $50.00 for plans and $50.00 for specifications, a total of $100.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Each bid must be accompanied by an acceptable statement of bidder's qualifications. The requirements of the bidder's statement of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of bid guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official bid sheets contained in the specifications, and such bid sheets shall not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the City of Fayetteville, Purchasing Office, City Hall, 113 W. Mountain Street, Fayetteville, AR 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for construction of 24 -Inch Water Main Replacement: West Custer Street and. Momingside Drive Areas, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150; Arkansas Acts of 1965, as amended. 1-1 Attention is called to the fact that the minimum prevailing wage rates for each craft or type of worker and the prevailing wage rate for overtime work as determined by the Arkansas Department of Labor shall be paid. Pursuant to Arkansas Code Annotated 22-9-203, the Owner encourages all qualified small, minority, and women business enterprises to bid on and receive contracts for goods, services and construction. The Owner also encourages •all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises. The City reserves the right to reject any and all bids and to waive any informalities in the proposal deemed to be in the best interests of the City. The City further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Peggy Vice, Purchasing Officer 1-2 1 Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8) (1990 Edition) 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. 1.1 "Bidder' means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. 1.2 "Issuing Office" means the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.3 "Successful Bidder" means the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 1.4 "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2 COPIES OF BIDDING DOCUMENTS 2 1 Complete sets of the Bidding, Documents in the number and forthe amount, if any, statedin the Advertisement or Invitation to. Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used in prepanng 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 on the Work and do not confer a license or grant for any other use 3. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid the following Statement of Bidder's Qualifications. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. STATEMENT OF BIDDER'S QUALIFICATIONS 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 attached sheets The Bidder may submit any additional information he desires. 2-1 Instructions to Bidders 1) Name of Bidder. 2) Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? 6) Contracts on hand (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? If so, where and why? 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. 12) Experience in construction similar in size to this project, along with project owners and engineers. 13) Background and expenence of the principal members of your organization, including the officers. 14) Credit available: $ 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at this day of Name of Organization: By Title 2-2 1 1 1 i 1 1 i 1 1 1 State of Instructions to Bidders County of being duly sworn deposes and says that he (she) is the 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 Notary Public My commission expires (Seal) 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid: 4.1.1 to examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below); 4.1.2 to visit the site to become familiar with and satisfy Bidder as to the general local and site conditions that may affect cost, progress, performance or furnishing of the Work; 4.1.3 to consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4.1.4 to study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; 4.1.5 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the 2-3 Instructions to Bidders completeness thereof for the purposes of bidding or construction. 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions has been identified and established in paragraph SC -4.2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.3 Information and data shown or indicated in the Contract Documents with respect to 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 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, 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 shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests and studies. 4.7 Reference is made to the Supplementary Conditions 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 pnme contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or 2-4 1 `I 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1. 1 1 1 1 1 1 1 Instructions to Bidders copies of Contract Documents (other than portions thereof related to price) for such work. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder. that Bidder has complied with every requirement of this Article 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 or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is 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. 4.9 The provisions of 41 through 4.8, inclusive, do not apply to Asbestos, Polychlonnated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by paragraph 4.5 of the General Conditions. 5. AVAILABILITY OF LANDS FOR WORK, ETC. The lands upon which the Work is to be performed, nghts-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction .equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 6. INTERPRETATIONS AND ADDENDA 6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer. Interpretations or clanfications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days pnor to the date for opening of Bids may not be answered Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 7. BID SECURITY 7.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions. 7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon. the Bid secunty will be returned. If the 2-5 • Instructions to Bidders 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 Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid secunty furnished by such Bidders will be returned Bid security with Bids which are not competitive will be returned within seven days after the Bid opening 8. CONTRACT TIMES The numbers 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 terrn 'Contract Times" is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form). 9. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement 10. SUBSTITUTE OR "OR -EQUAL" ITEMS The contract, if awarded, will be on the basis of matenals and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or'or-equal" items Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or - equal" item of materials or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be •considered by Engineer until after the Effective Date of the Agreement The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the General Requirements. 11. SUBCONTRACTORS, SUPPLIERS AND OTHERS The Contractor shall not assign or sublet all or any part of this Contract without the pnor written approval of the Owner nor shall the Contractor allow such Subcontractor to commence Work until he has provided such workers' compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 12 BID FORM 12 1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 12.2 All blanks on the Bid Form must be completed in ink or by typewriter. 12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and 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. 2-6 1 1 i1 1 1 1 1 1 1 1 1 1 1 1 1 1 r Instructions to Bidders 12 4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12 5 All names must be typed or printed below the signature. 12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 12.7 The address and telephone number for communications regarding the Bid must be shown. 12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with paragraph 3 above. State contractor licensenumber must also be shown. 13. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed. in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portionof the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 14. MODIFICATION AND WITHDRAWAL OF BIDS 14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time pnor to the opening of Bids 14.2. If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a matenal and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents - 15. OPENING OF BIDS. Bids will be opened and (unless obviously nonresponsive) read aloud publicly at the place where Bids are to be submitted A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. 16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, inits sole discretion, release any Bid and return the Bid security prior to that date. 17. AWARD OF CONTRACT 17.1 Owner reserves the nght to reject any and all Bids, including without limitation the 2-7 Instructions to Bidders rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.2 In evaluating Bids, Owner will consider the qualifications of the 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 Award. 17.3 Owner may consider the qualifications and expenence 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 Award. 17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 17.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 17.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 18. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 19. SIGNING OF AGREEMENT When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings 2-8 1 1 1 1 1 d1 1 1 1 1 1 �1 1 1 1 J 1 1 • Instructions to Bidders with appropriate identification. 20. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 21. LABOR LAWS The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contnbutions are required under and by virtue of the provisions of said Act. 22. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rate's which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi- skilled labor, if available, shall be used. The. Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14- 630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by wntten notice to the Contractor, terminate his nght to proceed with the 2-9 Instructions to Bidders Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 23. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on matenals and equipment brought into the state. It further provides for methods of collecting said taxes All provisions of this Act will be complied with under this Contract 24. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 25. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing, work or undertaking to perform any duties under any contract within the State of Arkansas. 26. COMPLIANCE WITH ACT 22-9-203 Pursuant to Arkansas Code Annotated 22-9-203, the Owner encourages all qualified small, minority, and women business enterprises to bid on and receive contracts for goods, services, and construction The Owner also encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterpnses. 2-10 1 1 1. i 1 1 w r1 1 1 1 1 AGREEMENT THIS AGREEMENT is dated as of the 67 -KJ day of ed-%�fe�Ta i in the year c:itoO& by and between the City of Fayetteville, Arkansas (hereinafter called OWNER) and Crossland Heavy Contractors, Inc. of Columbus, Kansas (hereinafter called CONTRACTOR). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally descnbed as follows: 24 -Inch Water Main Replacement: West Custer Street and Morningside Drive Areas, and all associated items of work, which consists of all items as set out in the Bid, these Specifications and Plans No. Fy-332, dated June 2006, including all work required for a complete installation. Article 2. ENGINEER The Project has been designed by McGoodwin, Williams and Yates, Inc., who is.. hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the nghts and authonty assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1 The Work will be substantially completed within ninety (90) days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one hundred (100) days after the date when the Contract Times commence to run. These Contract Times include delays for normal (average) weather-related events, such as rain, snow, and freezing temperatures which may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather-related delays in excess of these amounts will be considered for time extensions, if requested by the Contractor. 6-1 1 1 1 Days Included in Contract Times for Normal Weather -Related Events (On A Monthly Basis) January 11 February 9 March 8 April 8 May 8 June 8 July 5 August 6 September 6 October 6 November 6 December 9 The Contractor shall include within the Contract Times the respective number of days (as shown above for each month during the Contract) for normal weather-related events which may cause delays in the progress of the Work, and place a sufficient work force on the project to ensure completion of the Work within the Contract Times. 3 2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plusany extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay. Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the. Specifications, for unit and lump sum prices in the Bid, the total sum being Nine Hundred Eight Thousand Seven Hundred Tenand no/10Q$ 90$710.00 (use words) (figures) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by 6-2 1 • 1 1 1 1 1 1 1 1 Engineer as provided in paragraph 9.10 of the General Conditions. Unit pnces have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1 Progress Payments; Retainage. Owner shall make progress payments on account of the Contract. Price on the basis of Contractors Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below All such payments will be measured by. the schedule of values established in paragraph 2 9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress. payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14 7 of the General Conditions 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in whichcase the remaining progress payments pnor to Substantial Completion will be in an amount equal to 95% of the Work completed. 100% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14:13 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6-3