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Home My WebLink About48-12 RESOLUTIONRESOLUTION NO. 48-12 A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT WITH ROSETTA CONSTRUCTION, LLC FOR $692,223.00 WITH A CONTINGENCY OF $50,000.00 TO CONSTRUCT THE ELKINS OUTFALL GRAVITY SEWER IMPROVEMENTS AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT OF $416,818.00 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 the attached construction contract with Rosetta Construction, LLC for $692,223.00 with a contingency of $50,000.00 to construct the Elkins Outfall Gravity Sewer Improvements and approves the attached budget adjustment of $416,818.00. PASSED and APPROVED this 6th day of March, 2012. APPROVED: ATTEST: \.A LISA BRANSON, Deputy City Clerk ovinimp,„., 'kt`iklqT..V/" ...0c,\ ., . • 9.., . 06.",7, :•'1% : o (1‘1; ::: •-... :•:: :FAYETTEVILLE: ... • 13:--(1 cn.14-i Vs‘4,CYCANS‘tcV Shannon Jones Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6 -Mar -12 City Council Meeting Date Agenda Items Only Utilities Capital Projects Division Action Required: Utilities Department Approval of a construction contract with Rosetta Construction, LLC for $692,223, Bid 12-16, with a contingency of $50,000 to construct Elkins Outfall Gravity Sewer Improvements, recognize a cost share from Elkins for $150,000, and a budget amendment. 742,223 Cost of this request 5400.5700.5815.00 Account Number 10010.1 Project Number Budgeted Item XX 2,165,000 Category/ Project Budget Sewer Replace - Elkins Outfall Line Program Category/ Project Name 20,000 Water & Wastewater Funds Used to Date Program/Project Category Name 2,145,000 Water & Sewer Remaining Balance Fund Name Budget Adjustment Attached XX 4 Depa ,nt Dir:. or 41A. City Attorney 414 oc Finance and Internal Services Director P1.12 Date Previous Ordinance or Resolution # Original Contract Date: c, 2-e,4-1-- Original Contract Number: Date a - Date 02-15-12P03:16 Received in City Clerk's Office Comments: Revised January 15, 2009 TrateYille ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens, Utilities Directo Fayetteville Water and Sewer Co ittee From: Shannon Jones, Utilities EngineerJ.. Date: February 3, 2012 CITY COUNCIL AGENDA MEMO MEETING DATE OF FEBRUARY 21, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS Subject: Resolution approving a construction contract with Rosetta Construction, LLC for $692,223, Bid 12- 16, to construct Elkins Outfall Gravity Sewer Improvements. RECOMMENDATION Fayetteville City Staff recommends approval of a construction contract with Rosetta Constiuction, LLC for $692,223, Bid 12-16, with a contingency of $50,000 to construct Elkins Outfall Gravity Sewer Improvements, recognize a cost share from the City of Elkins for $150,000, and a budget amendment. BACKGROUND The City of Fayetteville was awarded a State and Tribal Assistance Grant (STAG) in 2010 for $485,000. The grant funding is matched 55% federal to 45% local. The City's matching funds are $396,818. The City of Elkins is going to cost -share $150,000 towards the project, per the attached City of Elkins resolution passed in 2010. This Fayetteville owned line carries Elkins' wastewater flow in addition to Fayetteville water from that area. The purpose of the grant is help fund the rehabilitation of the sanitary sewer system in the area of and including the Elkins outfall sewer line. The available STAG grant will fund $380,723 of this contract; the balance of the grant will be used to line approximately 6,000 feet of sewer line with a cured -in -place -pipe (CIPP) under our current contract with Insituform Technologies. DISCUSSION Under this contract, we will replace approximately 4,500 feet of sewer line that serves as the gravity outfall from the Elkins sewer force main and construct 26 manholes. The City o ened six bids on Januarv 31 2012. Rosetta Construction, LLC $ 692,223.00 T -G Excavating, Inc. $ 1,070,707.00 Building & Utility Contractors $ 1,201,500.00 Goodwin & Goodwin, Inc. $ 1,297,825.00 Horseshoe Construction, Inc. $ 1,448,500.00 Redford Construction, Inc. $ 1,638,300.00 Engineer's Estimate $ 1,300,000.00 Staff reviewed the bids and recommends awarding the contract to Rosetta Construction, LLC. The contractor has completed past sewer projects to the satisfaction of the City of Fayetteville. Construction will begin this spring and will be completed this fall. BUDGET IMPACT Funds are available in the sewer impact fees budget and sewer rehabilitation budget. The budget adjustment transfers funds from the impact fee fund to the water/sewer fund, recognizes a cost -share with the City of Elkins in the amount of $150,000, and creates a contingency of $50,000. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Elkins Outfall -Rosetta Construction-CCMemo-20 1 2.doc OS-09-11;01:14PM; ; 4796433368 # 2/ 4 RESOLUTION NO. 20 /0 A RESOLUTION EXPRESSlNG THE INTENT TO COST - SHARE WITH THE CITY OF FAYETTEVILLE ON THE REPLACEMENT OF THE SEWER INTERCEPTOR FROM LEWIS WOODS TO FAYETTEVILLE'S 1VIALLY WAGNON LEFT STATION. WHEREAS, The City of Elkins Water & Sewer Committee caused an assessment of critical capital needs for the Elkins Water & Sewer System to be performed by McClelland Engineers; and, WHEREAS, McClelland Engineers determined that replacement of the gravity sewer interceptor from Lewis Woods to Melly Wagion Lift Station was necessaty to increase the total capacity of Elkin Sewer Collection System; and, WHEREAS, The City of Fayetteville has been nodEed of a grant from. USEPA to fund 55% of the project cost to replace this sewer interceptor; and, WHEREAS, The City of Fayetteville has requested Elkins consider cost-sharing the remaining 45% of this project cost with Fayetteville in an amount up -to S150,000; and, WHEREAS, The Elkins Water & Sewer Committee, in regular session, determined participating with Fayetteville is the most cost-effective method to replace the sewer interceptor; and, WHEREAS, Elkins Water & Sewer Committee has determined the Elkins Water & Sewer Utility has sufficient funds to pay this cost share and recommends Elkins City Council approve this resolution of intent. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELKINS, ARKANSAS: That the City Council of Elkins Arkansas hereby adopts this resolution of intent to cost share with the City of Fayetteville up -to S150,000.00 for the replacement of the gravity sewer interceptor from Lewis Woods to Mally Wagnon Lift Station conditioned on Fayetteville performing the work to replace the sewer interceptor pursuant to the attached documents. PASSED AND APPROVED this ,22-64ay of Nal , 2010. 40/ ,00,04.—idwir At /ACK LAD , M. 'or ATTI ST: 4.1_14-trit.:A/A 5. LET Coe/Wily %pop L' ion R 2 order -Treasurer RESOLUTION NO. A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT WITH ROSETTA CONSTRUCTION, LLC FOR $692,223.00 WITH A CONTINGENCY OF $50,000.00 TO CONSTRUCT THE ELKINS OUTFALL GRAVITY SEWER IMPROVEMENTS AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT OF $416,818.00 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 the attached construction contract with Rosetta Construction, LLC for $692,223.00 with a contingency of $50,000.00 to construct the Elkins Outfall Gravity Sewer Improvements and approves the attached budget adjustment of $416,818.00. PASSED and APPROVED this 6th day of March, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form V11.0906 Budget Year 2012 Division: Utilities Director Department: Utilities Director Request Date 2/21/2012 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION $416,818 is requested in the Sewer Replacement - Elkins Outfall Line capital project. $161,500 in funding is to recognize -transfer from-I9pact-F-ee-F-unds-,-$105,348-from4he-Sanitary-Sewer-Rehabilitation-projectiand-to recognize $150,000 in cost share revenue from the City of Elkins. Division Head Bu !flhI! ctor Depa nt Di ctor Fin ce irector Ok_ taff Date z Date 3P4,10 Date 1-2,1-261 Date Date LP- D te a r Account Name Prepared By: Reference: kspringer Budget & Research Use Only Type: A B C (t5 General Ledger Date Posted to Genera! Ledger Checked / Verified TOTAL BUDGET ADJUSTMENT Sewer improvements Trans from Impact Fee Fnd initial Date Initial Date 311,500 311,500 Increase / (Decrease) Project.Sub • Account Number •Expense Revenue NuMber 5490.5700.5815.00 416,818 10010 . 1 5400.0940.6602.30 Transfer to Water & Sewer Sewer improvements Sewer improvements State/Muni Cost Share 161,500 10010 . 1 2300,9309.7602,40 161,500 100 10 1002 2300.9300.5815.00 (161 ,500 10010 . 1002 5400.5700.5815.00 (105;318) 02017 . 1 5400.09404303.00 150,000 10010 . 1 1-1:1Budwal3pdget Adjustments12012 Budgenkevin \BA2012_ELKIN5_5EWER.xls 1 of 1 PUth, WiTNESS 8117: 52.15 • ye - . .1 ...SIWILLI c . Bid 12,16,Construction DATE: 0101/2012 City of Fayetteville - Official Bid Tabulation 7151E: 505 FM of ElkinS Outfall - Gravity Sewer Improvements R•1430.44411144144 TA R4CW•Sfit E147404 4.5.1 .9.09•0Tr4.146. 40461•1911.00640IrL inc. 1.1V,As.C77sOn1S/9rt Relicnd Cenrenociten.. me. Oncdplbxf an, LIAM !IA P.k. HUI UM MP 70144 unEkArke TOW 4414 nle• tali LOA Ark, 1441ar 4,44.14,444 1 30441 I 3401,95i4.7 1 LS 07.090.00 3 30,000.00 0 50,40790 5 50,40700 37.0,4(05)07 4 50100,00 15 35.00109 7 41.000.173 $ 35,00000 $ 41005.02 5 50 1300 00 4 10000.00 5 80,9170. 00 $ 10.990.80 3 00.5100 0&'T0 89.000.00 0 00.000.0075 30 5270 CO a TT9450 4 51A7 1 LS • 7 1050.00 7. 51010.00 5 41.101.09_, 5_ 4.00000 5 15 000.00 S 16000.00 0.. • Ede/meow& ' ' 1 L3. 023000.00 5 20.099.01 $ 17.9010 5 7.0.119.00 520900.00 7 00900.00 5 20.90090 5 30.1110100 3 koaaaa 5 saocLoo $ 04.000.00 5 35..700.70 4 5.- Grat!). 5469,1115 20 -'1 LF $ 55.00 5 1.063.08 $ 6100 •5 1.200.00. 3 50.00 0 1.0000.0 7 2.110 5 1.500.00 5 120.00 5 7.400,0.0 S. 50.00 3 1.300.00 5. or 13104iN $0.2I WOO 50 LF 4 75.00 3 2.750.00 $ 5000 5 40.00.00 3 100.00 .415,00030 5 5100.00 5 150.0909 3 40.02 $ 10.000.00 5. 4,000.00 $ 14900.0.9 0 150.00 3 10.0.00.00 5 7.500.09 5 10.090.80 $ 75.00 1 5 3,750.00 3 320.00.00. 1. 3 12900.08 a faxe Man HOMY 1 LS 5 0.000.00 3 9900.00 0 50.00000 0 1010100 O 15,-604.8.5,40 5845r F585 .2500 LF 5 8100 ..) 213,200.00 p 02.00. 5 168990500 3 121.00 $ 312.000.00 j 015.00, j 259,00090 3 19090 5 494000.0.0 9 152.00 1 3 473.20.13.50 a 013.8..,2 5.5 oss45..ur 4,...• 3.25 1900 LF $ 552.00 3 156.800.09 . $ 10126 .5. 3131.00202 '5 180.00 $ 042.00900 5 226.00 3 427.50009 5 20010 3 960.00010 5. 151500 1_3, 351,500.00 9 7654 54064 3 EA $ 1.02 9 3.00 $ 800.90 3 2.4000.0 3 130000 .5 3.0.0900 0 1,000.00 1 1,10.55 A 3.00300 5 9300.40 5 3.060_00 I 0 9,000.00 10 WO06' SIsid..W.Mormini FAN. 420 LF 125.00 A 84509.00 $ 100.00 A 67,200.50 4 10300 3 42.000.00 5 .20000 $ 84900.95 5 155.00 5 90,960.00 5 175,00 '5 79.50020 11 5601m5llgi40IRov01 : 20. EA 5 300..09 3 0,00040 5 75000 5 15,020E10 5 750.0.0 7 15,00040 • 55000 9 1730302 5 1.549,00 s 30.0v5..00 5 1 250.051 1 5 61100100 /2 030404 1656480 299 ZS LP EA 5 3000 t 200300 5 6,70000 .3 93,000.00 3 2306 9 7,00000 5 4,060.00 5 1.02.000.00 $ 3300 , 4 20.0900 3 300.00 5 500.07 3 7,000.00 0 5599700 5 24 0000.0 422.9..SLI_ItEk.00_4_ 3 3,550.00 .0 126.20 91000.00 10.000,00 3050 7 60.000.0 3 0.00.0.0 S 5000.06 3 130.0000.9 5 24_000,00 3 20 000 DO 5 120.00 1 S 24.090.00 0 4.000.00 0 154 ow oo s 10000 $ 14400.00 5 750 00 1 $ 13760.00 5 1,000.7:-') , 5 2.00000 12. 50,56061.48.1b404, 47211.. [001 14 338831647145801. c al Eard Das* 60 0 41F g8.,_ EA eA 5 125.00 5 40040 $ 10O50.00 5 .1040540. 5 20300 5: 20040 5 10,000.012 5 5,00000 15. 1.0...A0.1•., ....4.0, S 12,500.00 $ 000.40 216.002.03 j 500.00 10 R030r604.517e1t51EA:ft 1.1enkie . 2 1 5 $0090 9 1,405.00 $ 1:09...00 S 1,419.00 7 maw 7 7,500.00 3 5990.00 5 2,50000 5 190900 .5 2.50000 0. 2.0.00.00 5 1.000.506 2.000.001 3 2.500.00 5 5000.00 57 Sim Inen. EskeIng 1..133,F1h. 5 2.500.00 $ 1.202.90 1,209.00 3 1.000.00 0. 5900.00 5 2900.05 ! $ 2.000.00 14 44400,0) T56 0,00%04 100 CV S 2300 3 7,203.00 $ 26.00 1 4 MO 00 3 26.00 5 4005,00 1 25.00 3400,00 5 2000. 5 120.00 5 9,200.00 0 900300 5 2000. .1 5 0,72000 5 160.00 I 5 527)0.04 18 Agra Pareemmtftwir 76 SY 5 70.05 • 5 3,525.00 $ 140.00 3 19,600.00 5 102..00 .5 7,500.00 S 115,60 0625,02 7.7.,. Epq4y0.4.96,06TaL•rn 4. gg..... 240 5 4000 kir EA 211' $ 13500 5 75300 0 15.00 3 Re12.08_, 5 2000.0 4100100 ' 0 200.00 5 7299000 5 7.500.09 5 40702,00 5 22509 .15130.00 $ 7500 54,000.0.0. 709.00 5 93 ,00073 00 5 18,000.132 s 200.00 5 2500.60 5 47.00 3 510 5 40,005.00 S 12COO 02 3 50,000.00 5 22,600.02 s 16000 S 1.40002 .5 6010 0 2)40 I 9 7 000 07 0 240000.00 5 13,593.00 21 ' PAateon Oam .5 3,750.00 5 6094.00 5 50399 $ 26.00 5 2500.00 S 10110100 5 1.500.00 5 15.00 0.2 9541411 BA 111c surtRa&m 23 44,4880,e4 1433430.5.0/cciy 45001 LF 3 10.0 3 4.30090 5 2.00 f 5 0.000.00 $ 15.00 5 67,59900 5 490 0.3 SU Re10ora5190 . 1 LS • 0 5,000.00 5 5,000.00 5 0.030.00 0 8.000.00 550.000.00 3 500.0000 000.030,00 5 24303.77 s 15100.00 5. 15 300 Do 7 50.000.0.0 3 50.000.00 •:...•.c. :. .1••-.••• :. .-' ...•_..... • •.... 1 • :. ...• :. .:'• 7... •.:•. .., ToTAL 1.s warmth_ TOTAL i 1910,757.00 TOTAL 9 3,201,500.00 TOTAL S 1.127.023,00 TOTAL 5 1.44043040 50/AL 1, $ 1128200.00 -Nonce, Kg f4d4Ind ili cm1Lnquni c./690. .6.610T ing*LtIo minirnurn wolcirma0ans 6.3 Torn..1 bulharis i, eb.b. b. Cit. La ..* A . PUth, WiTNESS • City Of Fayetteville -.Purchase Order (PO) Request Net a Purceese Os%) All purchases under $2500 shai I housed on a P.Conl UnieSS Medical or 1099 aerWee refuted. (Call x256 with questions) Ali PG Request shall be &Wined 62 the Purchasing e-mail: PurchaSirtg@larayefreiliCar.ta Requisition No.: Date: 2/3/2012 F.0 Number: Lxpecteci Delivery Date: Vendor Number 16735 vendor Name: Rosetta ConstructionYea: Mali XX Na_ Address: P. Q. Sox 14024 Fob Point: Construction Site, Fayetteville Taxa—re Y : No:_XX Quotes Attached Yes' No: XX City: Springfield State: MO Zip Code: . 65514 Ship to code: n Head A,oproval: Requester: David Jurgans Requesters Employee ft: 490 ale ion: 330 Item Description Quantity Unit of Issue Unit Cost Extended Coat Account Numbers ProjecUSubproject # Inventory* Fixed Asset # 2 3 4 5 6 7 8 9 10 Gravity Sewer Line- Elkins °Wall 1 EA 692,223.00 6692,22340 5400.5700.5815.90 10010.1 60.00 60.00 60.00 S0-00 60.00 60.00 60.00 60.00 60.00 . Shipping/Handling Lot 60.00 . aerial Instructions: Subtotal: Tax: Total: 6692,223.00 6692t 2236 00 Approvals: Mayor: Finance Dispatch Department Budget Manager Utilities Manager: Director. ----..--.... Purchasing Manager: 8, Internal Services Director: Manager: f 1 IT Manager Other ROV Med 1W200 PROJECT MANUAL ELKINS OUTFALL GRAVITY SEWER IMPROVEMENTS aye evi e ARKANSAS FAYETTEVILLE, ARKANSAS EPA Stag Grant XP -00F27401-0 PROJECT NUMBER 10010 OCTOBER, 2011 0001.doe 1 0001.doe 2 SECTION TABLE OF CONTENTS TITLE NO. OF PAGES 0001 Title Pages 2 0010 Table of Contents 2 0020 Invitation to Bid 2 0100 Information For Bidders 8 0212 Supplemental Information for Bidders 2 0310 Bid Proposal 6 0311 Bidder's Statement of Subcontractors 2 0312 Bid Bond 2 0420 Statement of Bidder's Qualifications 2 0500 Agreement Between City of Fayetteville and Contractor 4 0600 Arkansas Statutory Performance and Payment Bond 2 0640 Warranty Bond 2 0700 General Conditions 24 0800 USEPA Region 6— Supplemental Conditions 26 0830 Prevailing Wage Rates 4 0840 Notice of Award 2 0845 Notice to Proceed 2 0900 Description of Unit Price Schedule Items 2 1000 General Requirements and Procedures 4 2000 Trench Safety 2 2100 Erosion and Sediment Control 10 2200 Site Preparation 4 2300 Excavation, Backfilling, and Compacting 12 2500 Polyethylene Pipe Installed Using the Pipe Bursting Method 10 3000 Pipe, Fittings, and Materials 12 3100 Sanitary Sewer Pipelines 10 3200 Sanitary Sewer Service Lines (Private Laterals) 8 3300 Manholes 12 3400 Utility Line Bores 4 0010.doc 1 SECTION 3600 5000 5100 5200 6000 6100 6200 TABLE OF CONTENTS TITLE Cast -In -Place Concrete Pipeline Cleaning Pipeline Television Inspection Inspection and Testing of Sanitary Sewer Pipelines, Manholes, and Service Lines Pavement Repair Lawn and Grass Restoration Final Product Performance Requirements Appendix A -29 CFR PART 1926 SUBPART P (OSHA) Appendix B Stormwater Pollution Prevention Plan END OF SECTION 0010 0010.doc 2 NO. OF PAGES 4 4 4 8 4 8 4 40 58 SECTION 0020 CITY OF FAYETTEVILLE, AR INVITATION TO BID BID 12-16, ELKINS OUTFALL - GRAVITY SEWER IMPROVEMENTS The City of Fayetteville is accepting bids for the replacement of approximately 4,500 feet of existing 10 -inch gravitY sewer line with 18 -inch gravity sewer line using open -cut and pipe bursting methods. Any questions concerning the bidding process should be addressed to Andrea Foren, City of Fayetteville Purchasing Agent, at aforen(4ci.fayettevil1e.ar.us or by calling (479) 575-8220. Bids shall be submitted in a sealed envelope or package labeled "Bid 12-16, Constriction of Elkins Outfall — Gravity Sewer Improvements." All bids shall be received before 2:00 PM local time on Tuesday. January 31, 2012 to the City of Fayetteville, Purchasing Division — Room 306, 113 W Mountain, Fayetteville, Arkansas 72701. A non -mandatory pre-bid meeting will be held on Wednesday. January 11, 2012 at 10:00 AM, local time at Fayetteville City Hall, 113 W. Mountain, Fayetteville, AR, room 326. Bidding documents and plans must be obtained from by contacting the City Purchasing Division. Documents are available via e-mail. Plans can also be reviewed at the Fayetteville Purchasing Division, as listed below. City of Fayetteville, Arkansas Purchasing Division — Attention: Andrea Foren 113 W. Mountain, Suite 306 Fayetteville, AR 72701 Phone: 479.575.8220 E -Mail: aforen®ci.fayetteville.ar.us All bidders need to register as a plan holder with Andrea Foren via e-mail or phone. Failure to register as a plan holder can result in bid rejection. For information concerning the proposed work, contact Shannon Jones, P. E. at shjones@ci.fayetteville.ar.us or by calling (479) 444-3452. Each bid shall be accompanied by a certified check or bid bond, in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond, file marked by the Washington County Circuit Clerk's Office, is required with a contract awarded amount of $20,000.00 or more. A State of Arkansas Contractor's License is required for any bid exceeding $20,000.00. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to 0020.doc 1 subcontract portions of their contract to qualified small, minority and women business enterprises." "Any contract or contracts awarded under this invitation for bids are expected to be funded in part by a grant from the United States Environmental Protection Agency. Neither the United States nor any of its departments, agencies or employees is or will be a party to this invitation for bids or any resulting contract. This procurement will be subject to regulations contained in 40 CFR Part 31 excluding the Davis -Bacon Act requirements and the Buy American provisions." "Equal Opportunity in Employment: All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Bidders on this work will be required to comply with the President's Executive Order No. 11246, as amended. The requirements for bidders and contractors under this order are explained in the specifications." The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond ninety days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, CPPB, City of Fayetteville, Purchasing Agent Ad Dates: 12/29/11 and 01/05/12 END OF SECTION 0020 0020.doc 2 SECTION 0100 INFORMATION FOR BIDDERS 1. DEFINED TERMS 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 Engineer. 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) 0100.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. 0100.doc 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 prescribed), issued by a surety. 6.2 The Bid security of the Successful Bidder will be retained until Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within 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. 0100.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 "or 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). 11.8 The address, telephone number, and fax number if applicable for communications regarding the Bid must be shown. 0100.doc 4 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 If, 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 security prior to that date. 0100.doc 5 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 C011111311 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 sixty (60) days after the day of the Bid opening. 0100.doc 6