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Home My WebLink About75-10 RESOLUTIONRESOLUTION NO. 75-10 A RESOLUTION AWARDING BID #10-23 AND APPROVING A CONTRACT WITH DEAN CROWDER CONSTRUCTION, INC. IN THE AMOUNT OF $4,963,386.00 FOR CONSTRUCTION OF BIOSOLIDS MANAGEMENT SOLAR. DRYERS, WSIP SUBPROJECT BIO -1, AND APPROVAL OF A $150,000.00 CONTINGENCY 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 bid # 10-23 and approves a contract with Dean Crowder Construction, Inc. in the amount of $4,963,386.00 for construction of biosolids management solar dryers, WSIP Subproject Bio -1. 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 $150,000.00. PASSED and APPROVED this 4th day of May, 2010. APPROVED: By: ATTEST: By: SO DRA E. SMITH, City Cler reasurer ,FF!!N/��,, `kvitIr �RKITR c� �� OoG,TY of Gi! :FAYETTEVILLEt\IS -1` ti 1.°°'Z/VGT6A.8 O0,'`� David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/4/2010 City Council Meeting Date Agenda Items Only Utilities Capital Projects Division Action Required: Utilities Department Approval of a Construction contract with Dean Crowder Construction, Inc., for $4,963,386.00, for the construction of Biosolids Management Solar Dryers WSIP Subproject BIO -1, Bid 10-23, and approval of a 3% contingency of $150,000.00. 5,133,386 Cost of this request 4520.9530.5315.00 Account Number 02133.0600 Project Number Budgeted Item 11,309,875 Category / Project Budget $ 2,486,434 Funds Used to Date 8,823,441 Remaining Balance Budget Adjustment Attached Biosolids Processing Phase 1 Program Category / Project Name Wastewater Sys Impry Project Program / Project Category Name Water and Sewer Fund Name Finance and Internal Services Director Date 1/- /0 Date 9 -2.i-tots Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office Comments: Revised January 15, 2009 tvll1e CITY COUNCIL AGENDA MEMO MEETING DATE OF MAY 4, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jur ens, Utilities Director Fayetteville Water and Sewer Co ee Date: April 7, 2010 Subject: Construction contract with Dean Crowder Construction, Inc., for $4,963,386.00, for the construction of Biosolids Management Solar Dryers WSIP Subproject BIO -1, Bid 10-23 RECOMMENDATION City Administration recommends approval of a construction contract with Dean Crowder Construction, Inc., for $4,963,386.00, for the construction of Biosolids Management Solar Dryers, WSIP subproject BIO -1, Bid 10-23, and approval of a 3% contingency of $150,000.00. BACKGROUND The City currently hauls an average of 15 tractor trailer loads of biosolids weekly to either the Prairie View Landfill in Lamar, or the Ozark Ridge Landfill in Russellville. Fuel prices and tipping fees make the current landfill operation much more expensive than when selected in 2003. It also represents a waste of a potentially valuable biosolids product. Finally, there are several significant risks inherent in landfilling, as demonstrated by the American Environmental Landfill's sudden refusal to accept biosolids on 26 August, 2008. The solar dryer units are expected to dry the material to a range of 40 — 70% solids, depending upon weather conditions. With this first phase of biosolids processing, we believe we can save a minimum of $480,000 in the first twelve months. Additionally, we will investigate a number of possible beneficial reuses for the dried biosolids after the first batch is processed. DISCUSSION The Contract provides for the construction of six solar drying houses at the Noland farm site, to dry biosolids from both wastewater treatment plants. Upon installation, we will immediately begin drying biosolids in the houses and will stop hauling biosolids to landfills. After solar drying, we will be working the phase 2 portion of the work whereby the biosolids will be dried to over 90% solids. The City received 6 bids on April7. Contractor Bid Price Dean Crowder Const (low bid) $ 4,963,386 VEI General Contractor $ 5,349,600 Branco Enterprises $ 5,475,000 Crossland Heavy $ 5,499,726 Edwards Design & Const $ 5,499,998 Seven Valley's Concrete $ 5,536,846 Engineer's Estimate $ 5,500,000 Dean Crowder construction has successfully completed a variety of projects for the City in recent years. BUDGET IMPACT Funds are available in the WSIP project budget. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION AWARDING BID #10-23 AND APPROVING A CONTRACT WITH DEAN CROWDER CONSTRUCTION, INC. IN THE AMOUNT OF $4,963,386.00 FOR CONSTRUCTION OF BIOSOLIDS MANAGEMENT SOLAR DRYERS, WSIP SUBPROJECT BIO -1, AND APPROVAL OF A $150,000.00 CONTINGENCY 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 bid # 10-23 and approves a contract with Dean Crowder Construction, Inc. in the amount of $4,963,386.00 for construction of biosolids management solar dryers, WSIP Subproject Bio -1. 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 $150,000.00. PASSED and APPROVED this 4th day of May, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer a171)'17ettyille BID: 10-23 DATE: 04/07/10 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 10-23, Construction of Biosolids Management - Solar Dryers 1 Branco Enterprises, Inc. $5,475,000.00 2 Crossland Heavy Contractors, inc. $5,449,726.00 3 Dean Crowder Construction, Inc. $4,963,386.00 4 Edwards Design & Construction, Inc. $5,499,998.98 5 Seven Valley's Concrete, LLC $5,536,846.00 6 VEI General Contractors $5,349,600.00 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. • ':{�=i `:: '::.z; •�yg�,k✓[,�:. • sG'x�^:�`i'- _ --`�i�s•. ��'sil:� .. fir,. ; •� .a; : uY , •'_�:t;:�7�>f�'�`�,. ,,. �..'.?r'•�b gcT, �•: "°.,�' ::� ��;- nx�:3a � �3 . r:�.:_ - : �-:K;,: � � �:.�-:n�'�;: s�,�'..it��.= ��- e• '? ,:;' � � .'r' ' ^;-: , �...�J"fir.." .. �;. ,, . ,;� ,:�;� ;:i;_ . sdion Re ur No.: q L7ats: 51612470 ��gyx �: :;y„�k��ti.s�: -:,;:5:: : i:. .2'. -[.,;, :5�= ::r:�•• e'�.�'.}"..�v�'x.:a: _?a. .�':?= .r :f`m:;-� _ %}"��x: . [;':: • - :+rr. a::w.v-t ._?<•�;s.:'+_k.;.�' �: • , ar; : -.�c" ,u ...�'- .: :i`%5 - u�rakr::P .�.t .'' .may_, zum.-r: xpaC[ed Uelnaryu ASAP V6ndor # 18508 en • • r Name: Dean Crowder Construction Inc. Mail Yes: x No. AddreSS: 804 BE 21st Bt Fob Point 1400 P113 W Mountain Fayetteville, AR 72701 Ta bI Ye : No:__ quotes Attached Yea_ No:: x City: Bentonville State- AR Tip Code- 'Ship (o code; 72712 D Head Approval: Requester: David Jargons Requester's Employee #: 490 Exte n: 330 Item Description quantity Unit of issue Unit Cost Extended Cost Account Numbers Project/Subproject # Inventory 8 Fixed Asset 8 1 2 3 4 5 5 7 8 9 10 BiosolidsMesagamerrt- Soler Dryers Std 10.23 1 ea 4.773,386.00 44,963,388.00 4520.9530.5015-00 02133.0600' 1 190,000.00 1190,000.00 4520.9520.5818.00 02133.0600' $0.00 80.00 80.90 $0.00 80.90 $0.00 80.00 80.00 • Shipping/Handling -Special Lot 50.00 - instructions: Subtotal' 88.153,386-00 Tax: Total: 45,153,388.00 Approvals: �I{ Mayor: Department Director: 0 dry} o Purchasing Manager: Finance & interval Services Director: Budget Manager: IY IT Manager. DispatchManager: utilities Manager: Other rxerieae irzrrzoos PROJECT MANUAL BIOSOLIDS MANAGEMENT SOLAR DRYERS ayc xvi ARKANSAS FAYETTEVILLE, ARKANSAS PROJECT NO. SIO -1 02133.0600 MARCH, 2010 00001.doc No.1 '1053 ,c9 171'MIle THE CITY OF FAYETTEVILLE, ARKANSAS UTILITIES DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479) 575-8330 F (479) 575-8257 ARKANSAS www.accessfayetteville.org March 31, 2010 RE: Addendum Number 1 Biosolids Management - Solar Dryers Fayetteville, AR All Prospective Bidders: The following items shall be included as part of the bid package as Addendum Number 1. 1. One-half size Drawing Sheet 1 shall be replaced with Drawing Sheet 1R -- Site Plan 2. One-half size Drawing Sheet EC2 — Sediment Control Plan 3. Two (2) 1" PVC conduits shall be supplied between the Automatic Transfer Switch and the Generator. The contractor shall supply and install the necessary wires for controlling the generator and a branch circuit for battery charging and a block heater. 4. Drawing Sheet 20 — Two 2", One 1-1/2", and One 1" SCH80 PVC conduits shall be supplied per chamber. S. The Contractor shall be responsible for all interconnection wires, conduits, and sizing per National Electric Code. 6. The Contractor shall provide and install the 1000A, NEMA 3R, service rated, automatic transfer switch. Upon loss of line power, the transfer switch shall start the generator and switch power to the generator. Once line power is restored, the transfer switch shall switch back to line power and tum off the generator. 7. RLF-96 — DBE/MBE/WBE COMPLIANCE shall be added to the bid package. The evaluation form is not required to be submitted with the bids. However, the contractor who enters into an agreement for the work with the City shall be required to document any and all efforts Jo comply with DBE/MBE/WBE participation. The City of Fayetteville, Arkansas encourages all general contractors to subcontract portions of their contract to qi alified small, minority, and women business enterprises as part of the Invitation to Bid. Full size drawing sheets shall be distributed with the contract documents upon award of the contract. 8. An electronic copy of the Stormwater Pollution Prevention Plan is included on the enclosed CD. Telecommunications Device for the Deaf TDD (479)521-1316 113 West Mountain - Fayetteville, AR 72701 AddendumNol,doc THE CITY OF FAYETTEVILLE, ARKANSAS The following items are listed for clarification of the drawings and/or the specifications. 9. The power feed is owned by the City of Fayetteville, and will not be metered. 10. The City of Fayetteville shall supply and install the 450KVA pole mounted transformer. The Contractor shall be responsible for supplying the conduit and cable for the connection to the transformer. This shall include the necessary conduit and cable up the pole to the transformer. 11. Conduit #106 is for a fiber optic cable. The Contractor shall supply a pull line for this conduit, The City of Fayetteville will install the fiber optic cable, 12. The Contractor shall be responsible for the installation of all other mechanical and electrical equipment furnished by the manufacturer. The Contractor is encouraged to get clarification from all manufacturers for all items to be supplied/installed by manufacturers. CITY OF FAYETTEVILLE Shannon W. Jones, P.E. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 AddendumNol.doc v' attvlliee THE CITY OF FAYETTEVILLE, ARKANSAS UTILITIES DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479) 575-8330 F (479)575-8257 ARKANSAS www.accessfayetteville.org April 2, 2010. RE: Addendum Number 2 Biosolids Management - Solar Dryers Fayetteville, AR All Prospective Bidders: The following items shall be included as part of the bid package as Addendum Number 2. Both Addendum Number 1 and Addendum Number 2 shall be acknowledged in Section 00310 — Bid Proposal. 1. Drawing Sheet CI — Concrete Details shall be replaced with Revised Drawing Sheet C1 — Concrete Details. A full size drawing sheet shall be distributed with the contract documents upon award of the contract. 2. The interior floor slabs for the drying chambers shall be reinforced with #5s at 12" O.C. each way. 3. The unload ramp shall be reinforced with #5s at 12" O.C. each way. 4. Waterstop as indicated on the drawings shall be Greenstreak 701, or equal. 5. All concrete shall be reinforced as noted on the drawings. Minimum thickness of concrete shall be 6 -inches. The 36' wide, 8 -inch thick unreinforced concrete access drive is the only concrete that is not reinforced. 6. All rebar splice laps shall be 24 -inches. CITY OF FAYETTEVILLE Shannon W. Jones, P. . Telecommunications Device for the Deaf TOD (479) 521-1316 113 West Mounta(n - Fayetteville, AR 72701 AddendumNo2.doc SECTION TABLE OF CONTENTS TITLE NO. OF PAGES 00001 Title Pages 2 00010 Table of Contents 2 00020 Invitation to Bid 2 00100 Information For Bidders 8 00212 Supplemental Information for Bidders 2 00310 Bid Proposal 4 00311 Bidder's Statement of Subcontractors 2 00312 Bid Bond 2 00420 Statement of Bidder's Qualifications 2 00500 Agreement Between City of Fayetteville and Contractor 4 00600 Arkansas Statutory Performance and Payment Bond 2 00640 Warranty Bond 2 00700 General Conditions 24 00820 OSHA 40 00830 Prevailing Wage Rates 6 00840 Notice of Award 2 00845 Notice to Proceed 2 00900 Description of Lump Sum Price 2 01000 General Requirements and Procedures 2 01005 Active Solar Biosolids Drying System 8 02102 Clearing, Grubbing, and Stripping 4 02200 Earthwork, Trench Excavation, and Backfill 8 02218 Landscape Grading 2 02270 Environmental Specifications 20 02485 Finish Grading and Grass 4 02610 Pipe and Fittings 6 02730 Sanitary Sewer Pipelines 10 00010.doc 1 SECTION TABLE OF CONTENTS TITLE NO. OF PAGES 02734 Inspection and Testing Of Sanitary Sewer Pipelines, Manholes, and Service Lines . 8 03210 Reinforcing Steel 4 03300 Concrete 14 03400 Manholes 8 16000 General Electrical Provisions 18 16109 Identification 2 16111 Conduit 4 16120 Wires and Cables 4 16134 Outlet and Pull Boxes 2 16141 Wall Switches 2 16145 Receptacles 2 16147 Plate Covers 2 16160 Panelboards 2 16170 Motor and Circuit Disconnects 2 16180 Overcurrent Protective Devices 4 16190 Supporting Devices 4 16420 Transformers 4 16450 Grounding 2 16510 Light Fixtures 4 Appendix A — Geotechnical Report, 25 END OF SECTION 00010 00010.doc SECTION 00020 CITY OF FAYETTEVILLE INVITATION TO BID BID 10-23, BIOSOLIDS MANAGEMENT — SOLAR DRYERS The City of Fayetteville will receive sealed bids for the construction of a Biosolids Management Facility. Work will include site grading, concrete work, installation of solar drying structures and equipment, driveway construction, electrical, and drainage structures. Any questions concerning the bidding process should be addressed to Andrea Foren, at aforen@ci.fayetteville.ar.us or by calling (479)575-8220. Bids must be submitted in a sealed envelope or package labeled "Bid 10-23, Biosolids Management — Solar Dryers". All bids shall be received on or before 2:00 PM on April 7th, 2010 to the address listed below: City of Fayetteville Purchasing — Room 306 113 West Mountain Street Fayetteville, AR 72701 Bidding Documents may be examined at the Purchasing Office and at the following Plan Rooms: Southern Reprographics 2905 Point Circle Fayetteville, AR 72704 (479) 582-4022 NWA Planning Room 200 S. Bloomington- Suite G Lowell, AR 72745 (479) 750-7704 Copies of the Bidding documents may be purchased through the Plan Rooms above in accordance with the Information for Bidders. Return of documents is not required, and amount paid for documents is not refundable. Partial sets are not available. A non -mandatory pre-bid meeting will be held on Thursday. March 25. 2010 at 11:00 AM in Room 326 at. City Hall, 113 W. Mountain, Fayetteville, AR 72701. All interested parties are strongly encouraged to attend. Each Plan Holder shall register with the City of Fayetteville Purchasing Department as a plan holder. The City may issue addendums and/or clarifications prior to the bid opening. Failure to register with the City may prevent plan holders from receiving all necessary information. 00020.doc 1 The City will not be responsible for misdirected and/or incomplete bids. Bidders should call the Purchasing Office at (479) 575-8220 to insure receipt of their bid documents prior to opening time and date listed on the bid form. Each Bid must be submitted on the prescribed form and accompanied by a certified check or bid bond executed on the prescribed form, payable to the City of Fayetteville, Arkansas in an amount not less than 5 percent of the amount bid. For information concerning the proposed work, contact Shannon Jones, P. E. at shjones@ci.fayetteville.ar.us or by calling (479) 444-3452. The attention of the Bidder is directed to the applicable federal and state requirements and conditions of employment to be observed and minimum wage rates to be paid under this contract. "Pursuant to Arkansas Code Annotated 22-9-203, the City of Fayetteville, Arkansas encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, the City of Fayetteville, Arkansas encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises." The Owner reserves the right to waive irregularities and to reject bids and to postpone the award of the Contract for a period of time which shall not exceed beyond 90 days from the bid opening date. NOTICE TO ALL BIDDERS — ALL BIDDERS SHALL REGISTER AS A PLAN HOLDER: All vendors intending on bidding SHALL register as a plan holder by notifying Andrea Foren, Purchasing Agent, via e-mail at aforen@ci.fayetteville.ar.us. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Bidder assumes all responsibility for receiving updates and any addenda issued to this project by monitoring www accessfayetteville.org (Business section, Bids RFP's & RFQs). Failure to acknowledge addenda issued as instructed could result in rejection of such bid. A non mandatory pre-bid meeting will be held in Room 306 at City Hall,113 W. Mountain, Fayetteville, AR on Thursday. March 25, 2010 at 11:00 AM. All parties are strongly encouraged to attend The City of Fayetteville will answer any questions and update all registered plan holders. CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, Purchasing Agent 00020.doc END OF SECTION 00020 2 1. DEFINED TERMS 1.1 SECTION 00100 INFORMATION FOR BIDDERS Terms used in these Information for Bidders which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to City of Fayetteville, as distinct from Sub -Bidder, who submits a Bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom City of Fayetteville (on the basis of City of Fayetteville's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" included the Advertisement or Invitation to Bid, Information for Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Plan Rooms. Deposit for Bidding Documents are non refundable. 2.2 Complete sets of Bidding Documents shall be used in preparing Bids; the City of Fayetteville does not assume any responsibility for errors or misinterpretations resulting from the use of the incomplete sets of Bidding Documents. 2.3 The City of Fayetteville 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 3.1 Each Bid must contain evidence of Bidder's qualifications to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. 3.2 Qualifications . shall . be submitted in a separate sealed envelope at the date and time listed on the Bid Proposal. Refer to Section 00420 — Statement of Bidder's Qualifications. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) 00100.doc 1 consider Federal, State and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2 In the preparation of Contract Documents, the Engineer has relied on the report of soil and subsurface investigation listed in the Supplemental Information For Bidders. A copy of this report is appended (If Provided). The report is not a part of the Contract Documents and is provided for informational purposes only. Neither the City of Fayetteville nor the engineer guarantees the accuracy of the report. The Bidder shall make further investigations and tests as the Bidder deems necessary in order to provide the Work at the Contract Price, within Contract Time, and in accordance with the terms and conditions of the Contract Documents. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the City of Fayetteville by owners of such Underground Facilities or others, and City of Fayetteville does 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 the prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraph 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will be responsible to make or obtain such explorations, tests and data concerning physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, City of Fayetteville will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. A representative of the City of Fayetteville shall be present during all tests. 4.7 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 or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by City of Fayetteville. OO100.doo 2 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed in writing to Engineer. Interpretations or clarifications 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 (10) days prior to the data 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. 5.2 Prior to the deadline for receiving Bids, Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to City of Fayetteville in an amount of five (5) 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 prescnbed), issued by a surety. 6.2 The Bid security of the Successful Bidder will be retained until Bidder has executed the Agreement and fiimished the required Contract security, whereupon the Bid security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within ten (10) days after the Notice of Award, City of Fayetteville may annul the Notice of Award, and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom City of Fayetteville believes to have a reasonable chance, of receiving the award may be retained by City of Fayetteville until the earlier of the seventh (7th) day after the Effective Date of the Agreement or the sixty-first (61st) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven (7) days after the Bid opening. 7. CONTRACT TIME 7.1 The number of days within which the Work is to be substantially completed and also .completed . and ready for final .payment . (the. Contract . Time) are set forth in the Agreement and these Contract Documents. 00100.doc 3 8. LIQUIDATED DAMAGES 8.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR EQUAL" ITEMS 9.1 The Bid shall be based on the specified products or their approved equal described on the Drawings or written in the Specifications. Any product may be used which is specified by the referenced standards (such as ASTM) and which meets those standards For products which are specified by naming one or more manufacturers preceded by "equal to" or followed by 'tor equal," a written request for substitution shall be submitted for approval by the Engineer. Such written requests will be considered up to ten (10) days prior to the scheduled Bid opening. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 Subcontractors and suppliers shall be listed, if required, on the Bid Form. 11. BID FORM 11.1 The Bid Form is included . with the Bidding Documents; additional copies may be obtained from Engineer. 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Unit prices and lump sum amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern and the unit price will govern over the extended amount. 11.4 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 assistance secretary. The corporate address and state of incorporation must be shown below the signature. 11.5 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. 11.6 All names must be typed or printed below the signature. 11.7 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 00100.doc 4 11.8 The address, telephone number, and fax number if applicable for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS 12.1 Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid. Bids shall be bound in the original project manual and shall be enclosed in an opaque sealed envelope, marked with the Project Title (and, if applicable, the designated position of the Project for which the Bid is submitted) and name, address, and contractor's license number 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. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 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 prior to the opening of Bids. 13.2 It within twenty-four (24) hours after Bids are opened, any Bidder files a duly -signed, written notice with the City of Fayetteville and promptly thereafter demonstrates to the reasonable satisfaction of City of Fayetteville that there was a material and substantial mistake in the preparation of its Bids, 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. 14. OPENING OF BIDS .14..1 .- . Bids._ will . be . opened ..and. (unless ,obviously non -responsible) .read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to the Bidders after the opening of Bids. Bids will be returned without being read aloud if all applicable portions of the Contract Documents are not met by the Bidder. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE 15.1 All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but City of Fayetteville may, in its sole discretion, release any Bid and return the Bid securityprior to tht'date:'' 00100.doc 16. AWARD OF CONTRACT 16.1 City of Fayetteville reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate Contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, City of Fayetteville reserves the right to reject the Bid of any Bidder if City of Fayetteville 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 City of Fayetteville. 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. 16.2 In evaluating Bids, City of Fayetteville 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. City of Fayetteville may accept any such alternatives in any order or combination, whether in the order in which they are listed in the Bid Form or not. 16.3 City of Fayetteville 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. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 City of Fayetteville may conduct such investigations as City of Fayetteville 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 City of Fayetteville's satisfaction within the prescribed time. 16.5 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by City of Fayetteville indicates to City of Fayetteville that the award will be in the best interest of the Project. 16.6 If the Contract is to be awarded, City of Fayetteville will give the successful Bidder a Notice of Award within ninety (90) days after the day of the Bid opening. 00100.doc 6 17. CONTRACT SECURITY 17.1 The General Conditions and the Supplementary Conditions set forth City of Fayetteville's requirements as to performance and payment Bonds and a Warranty Bond. When the successful Bidder delivers the executed Agreement to City of Fayetteville, it must be accompanied by the required performance and payment Bonds. At the time of Final Acceptance, the Contractor shall provide the City of Fayetteville the Warranty Bond. 18. SIGNING OF AGREEMENT 18.1 When City of Fayetteville gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and 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 City of Fayetteville with the required Bonds. Within ten (10) days thereafter, City of Fayetteville shall deliver one fully -signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. PRE-BID CONFERENCE 19.1 NONE 20. RETAINAGE 20..1 Provisions concerning retainage are set forth in the Agreement. 21. SPECIAL LEGAL REQUIREMENTS 21.1 Attention of Bidders is called to Act 150, Acts of Arkansas 1965, concerning the licensing of contractors to do business in Arkansas. 21.2 It is conclusively presumed that Bidders have familiarized themselves with Arkansas laws which may be applied to a Contract for the Work proposed herein as the aforementioned Acts are not exclusive. It is further conclusively presumed that Bidders have familiarized themselves with Federal and local laws, ordinances and regulations pertaining to the Work .proposed herein. 00100.doc 7 (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 00100 r 00100.doc 8 SECTION 00212 SUPPLEMENTAL INFORMATION FOR BIDDERS 1. BIDDER'S FORMS The BIDDER'S attention is called to the following additional forms which shall be filled out and submitted with the BID: SECTION 00420 - STATEMENT OF BIDDER'S QUALIFICATIONS BIDDER SHALL HAVE COMPLETED A MINIMUM OF THREE (3) PROJECTS OF SIMILAR SIZE AND SCOPE WITHIN THE PAST FIVE (5) YEARS. 2. SPECIAL CONDITIONS The BIDDER'S attention is called to all Conditions relating to the Work of this Contract especially Document 00700 - General Conditions. 3. PRE-BID CONFERENCE A Pre-bid conference will be held at the time, date & location shown below: March 25, 2010 —11:00 A.M. LOCAL TIME City of Fayetteville Room 326- 113 West Mountain Street Fayetteville, AR 72701 4. EXCESS ENGINEERING COSTS A. General Excess engineering costs shall be applicable only during the Contract Time provided in the Agreement: B. Overtime The City of Fayetteville shall charge the Contractor for all engineering and construction observation expenses incurred by City of Fayetteville in connection with any overtime work. For any such overtime during the regular specified Contract Time beyond the regular eight hour clay and for any time worked on Saturday, Sunday, or holidays. 00212.doc 1 ii. These charges for excess engineering will be deducted from the Contractor's monthly payment request. iii. The Contractor shall not work over a 10 -hour day without written permission from the City of Fayetteville. v. The Engineer shall determine when observation of construction activities beyond the regular eight-hour day is required. END OF SECTION 00212 00212.doc 2 SECTION 00310 BID PROPOSAL LOCATION: CITY OF FAYETTEVILLE, ROOM 306 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 DATE: April 7, 2010, 2:00 p.m. LOCAL TIME Proposal of r G1z.s. D 1, � U n �. ik16 Address: '0/ )7,14'1. `rr ' �a r~ /i L Li✓ Bid For: BIOSOLIDS MANAGEMENT— SOLAR DRYERS Bid Submitted to: The City of Fayetteville Purchasing — Room 306 113 W. Mountain Fayetteville, AR 72701 BIDDER will complete the Work for the lump sum price listed below. Total Base Bid: �v1,1a muaa riiive auluni7' itry -1146 .Amount in Words Figures The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with CITY OF FAYETTEVILLE in the form included in these Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in these Contract Documents. BIDDER accepts the provisions of the 00310.doc Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract Time specified. BIDDER accepts all of the tennis and conditions of the Information for Bidders, including without limitation those dealing with the disposition of BID SECURITY. This Bid will remain open for ninety (90) days after the day of Bid Opening. BIDDER will sign the Agreement required by these Contract Documents within ten (10) days after the date of CITY OF FAYETTEVILLE'S Notice of Award. in submission of this Bill, BIDDER represents, as more fully set forth in the Agreement, that BIDDER has examined all CONTRACT DOCUMENTS (including but not limited to Advertisement, Invitation to Rid and the Information for Bidders) and the following ADDENDA: j Dom. i '5`3f . 7otC j 4 •2, Zfo Failure to list all necessary Agenda issued by the OWNER or the ENGINEER could mean the BID submitted by the BIDDER may be deemed unresponsive and not read publicly. In submission of the BID, BIDDER represents, that they have examined the site and locality where the Work is to be performed, the legal requirements (Federal, State and Local Laws, Ordinances, Rules and Regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. In submission of the BID, BIDDER represents, that this BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. The BIDDER represents that they have not directly or indirectly induced or solicited any other BIDDER. to submit a false or sham BID. The BIDDER represents that they have not solicited or induced any person, firm or corporation to refrain from ,bidding and have not sought by collusion to obtain for themselves any advantage over any other BIDDER or over the CITY OF FAYETTEVILLE. All terms used in the BID are defined and have the meanings assigned to them in the General Conditions of these Contract Documents. Attached to this BID FORM is the required Bid Security in the form of Bid Bond or Certified Check in the amount of five (5) percent of the Total Bid Amount. 00310.doc 2 BIDDER submitting this SID is: VjA Corporation, incorporated in the State of�� A Partnership, consisting of the fallowing partners, whose Miall names are: An Individual whose full nave is: eneral Contractor (Firm Name) VI Title 4-i,lo Date 'a4- 4e Address '301~rb11\1 11-1-lsO- 411. Z15. 3t) Telephone Number & Fax 003/(40;11 Contractor's License Number 00310.doc 3 ■ 1 1 ■ r 1 1 w 1 1 I SECTION 00311 BIDDER'S STATEMENT 0.1< SUBCONTRACTORS The undersigned BIDDER proposes and agrees, if this Bll) is accepted, to use the following proposed subcontractors on this Work: NAME 1. Will l y' 2. V 3. WwJ ("Miger6 4. 5. 6. BUSINESS ADDRESS 44, Vita 0414 AI 0 1r Po. Sod111eo tirz�wr�T �,s, /vez-17f� WORK TO BE PERFORMED 1 4. 044 11N61)-Lg, A,2-12.74 c. -fic, The undersigned BIDDER agrees that sixty percent (60%) of the Work will be required to be performed with his own forces unless a variance is requested and granted from the CITY OF FAYETTEVILLE. Date: • —1 • 10 Signed: 00311.doc 1 SECTION 00312 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, DEAN CROWDER CONSTRUCTION COMPANY, INC. as Principal, and as Surety, are CINCINNATI INSQRANCE COMPANY hereby held and firmly bound unto the City of Fayetteville, hereinafter called the OWNER in. the penal sum of FIVE PERCENT (5%) OF TOTAL AMOUNT OF BID for payment of which, well and truly to he made, we hereby jointly and severally bind ourselves, successors and assigns, The Condition of the above obligation is such that whereas the Principal has submitted to the Owner a certain BJD, attached hereto and hereby made a part hereof to enter into a contract in writing, for Project No. BIO -I, BIOSOLIDS MANAGEMENT — SOLAR DRYERS NOW, TIi3REPOR, (a) (b) If said DID shallbe rejected, or If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount ofthis obligation as herein stated. 00312.doo 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed, this 7th day of APR cPt;t " . ar Attorney -in -Fact 00312.doc END OF SECTION 00312 2 „2010