Upload
vuque
View
212
Download
0
Embed Size (px)
Citation preview
NAYLOR DRAINAGE DISTRICT OF MISSOURI
INVITATION FOR BIDS
(Removal of Sediment/Spoil Spreading Ditch 1 and Ditch 2)
Sealed bids for the excavation of sediment and spreading spoil of
Ditch 1 and Ditch 2 will be received by the Board of Supervisors of the
Naylor Drainage District of Missouri at the office of the attorney for
the District, Christopher L. Yarbro, 1165 Cherry Street, Poplar Bluff,
MO 63901, until the 7th day of September, 2018, at 4:00 P.M.
Bids will be publicly opened and read at a meeting of the Board of
Supervisors to be held at 6:00 P.M. on the same date at Route 61, Box
3629, Naylor, MO 63953.
General Plan for Ditch 1 and 2, General Conditions and
Specifications, Construction and Material Specifications, Instructions
to Bidders and Bid Forms are available from Christopher L. Yarbro, at
the above-stated address.
Naylor Drainage District reserves the right to reject any and all
bids, to select the lowest or best bid and to waive informalities in the
bidding.
NAYLOR DRAINAGE DISTRICT OF MISSOURI
Naylor Drainage District
INSTRUCTIONS TO BIDDERS (Removal of Sediment/Spoil Spreading Ditch 1 and Ditch 2)
1. Plans and Specifications and other contract documents
pursuant to which the work is to be done may be obtained at the
office of Christopher L. Yarbro, Attorney at Law, 1165 Cherry St.,
Poplar Bluff, Missouri.
2. Each bidder must have equipment available which, in the
opinion of the Drainage District, is adequate to complete the work
under the specifications and the time allowed for completion; i.e.
equipment capable of removing existing sediment/spoil spreading
(Ditch 1: 77,078 CY) (Ditch 2: 56,988 CY), as specified in the
attached general conditions and specifications, general plan for
Naylor Drainage District Ditch 1 and Ditch 2, and the construction
and material specifications, as attached hereto and incorporated
by reference.
3. Before submitting proposals, each bidder shall carefully
examine the drawings and specifications and all related contract
documents, visit the site of the work and fully inform himself or
herself as to all existing conditions, facilities, restrictions,
and other matters which can affect the work or the costs thereof.
Information derived from the specifications or from the Drainage
District shall not relieve the bidder of this responsibility.
4. Bids must be accompanied by either a cashier's check
acceptable and payable without condition in the amount of One
Thousand Dollars ($1,000.00), or a bid bond executed by a
satisfactory surety in that amount. All cashier's checks shall be
made payable to the Naylor Drainage District of Missouri
5. The amount of any check or bond of the lowest and best
bidder will be retained by the Drainage District as liquidated
damages in the event the bidder neglects or refuses to enter into
a contract and/or to furnish the required bond within fifteen (15)
days after said Contract is presented for signatures. The bid
security of all other bidders will be returned to them immediately
after a Contract has been executed.
6. Proposals shall be strictly in accordance with
prescribed forms furnished. Any modifications or deviation
therefrom may be considered sufficient cause for rejection.
7. The bidder shall state in words and figures the lump sum
price on the attached bid form for excavating and spoil spreading
each individually below listed District Ditch(i.e. a bid price for
each individual ditch a prospective contractor wishes to bid).
Bids should reflect contractor’s price excavating and spreading
spoil in accordance with the plans and specifications, from the
beginning to the end, of each ditch; for which he/she proposes to
do all work covered by the proposal. Said lump sum is for the
furnishing of all materials and equipment required to be furnished
in performing all work required under these contract documents.
Each bid should provide a separate price for each of the following
ditches, on the attached Bid Sheet, that bidder wishes to submit
upon:
A)Ditch 1
B)Ditch 2
SEE ATTACHED MAP OF DITCHES.
Bidders are invited to submit bids for any, one or both of the
above listed ditches, with each bid itemizing the total amount for
the work called for in the plans and specifications of each
individual ditch. For example, if a prospective bidder wishes to
bid for work on two ditches, a separate bid amount for each ditch
should be submitted. The bidder should not submit a lump sum to
do work for both ditches.
8. The proposal must be signed in writing by an individual
or individuals authorized to bind the bidder.
9. Each bid must be submitted in a sealed envelope addressed
to the Drainage District and clearly marked on the outside of the
envelope "PROPOSAL FOR REMOVAL OF SEDIMENT/SPOIL SPREADING DITCH
1" or “PROPOSAL FOR REMOVAL OF SEDIMENT/SPOIL SPREADING DITCH 2”
or “PROPOSAL FOR REMOVAL OF SEDIMENT/SPOIL SPREADING DITCH 1 AND
DITCH 2”.
10. No modification of bids already submitted will be
considered unless such modifications are received prior to the
hours for opening said bids.
11. In addition to the Bid Bond and Performance Bond, all
bidders must provide proof of other applicable insurance,
including but not limited to, Public Liability Insurance, Workers'
Compensation Insurance, and Property Damage Insurance, in an
amount sufficient to hold the Drainage District harmless, from any
and all acts of bidders, their agents, or employees.
12. Contracts may be awarded to the bidder submitting the
lowest or best bid for each listed ditch, considering the
contractor's experience and ability to do the work, the equipment
he proposes to furnish for said work, and the combination of bid
price per ditch. The Drainage District reserves the right to
withhold an award of a contract for any and all ditch for which it
receives bids. The Drainage District further reserves the right
to reject any and all bids at its discretion.
BID FORM
(Removal of Sediment/Spoil Spreading Ditch 1 and/or Ditch 2)
Proposal of (Doing business as a corporation/ a partnership/ an individual--indicate which)
(Hereinafter called "Bidder")
To: The Naylor Drainage District of Missouri. (Hereinafter called "Owner")
Gentlemen:
The Bidder, in compliance with your invitation for bids for Removal of Sediment/Spoil Spreading having examined the General Plan Ditch 1 and/or Ditch 2, General Conditions and Specifications, Construction and Material Specifications, Instruction to Bidders (“Contract Documents”) and being familiar with the proposed project and legal requirements imposed within the Contract Documents, hereby proposes to undertake and finish the work at the prices stated below. These prices are to cover all expenses incurred in performing the work required.
BID PRICE: DITCH 1 _______________________________________________________ ($___________)
BID PRICE: DITCH 2_______________________________________________________ ($___________)
Bidder agrees that the Work will be substantially complete and ready for final payment in accordance with the Contract Document on or before the date indicated in the same.
The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder also understands that the Owner reserves the right to increase or decrease the amounts and type of work to be done. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, the Bidder will execute a formal contract incorporating the Contract Documents within fifteen (15) days and deliver a Surety Bond or Bonds as required by the Contract Documents. The bid security attached in the sum of One Thousand and No/100 Dollars ($1,000.00) is to be immediately forfeited to the Owner, in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused t hereby.
Respectfully submitted,
Bidder: _____________________________
Signature: ___________________________
Title: ________________________________
-1- Naylor Drainage District
GENERAL CONDITIONS AND SPECIFICATIONS
(Removal of Sediment/Spoil Spreading Ditch 1 and Ditch 2)
1. The work within these contract documents consists of
furnishing all tools, labor, equipment, materials, and supplies
required to be furnished to complete performance of the work set
forth in the following paragraphs.
2. The work shall consist of excavating sediment and
spreading of spoil, and all other work as called for in the
attached plans and specifications of the listed District Ditches
(see plans and specifications), at the direction of the Board of
Supervisors.
3. Care shall be taken not to damage crops, structures or
timber not caused to be removed under this Contract. The
Contractor shall accept full responsibility for damage claims
brought about by the cleaning operations. Care shall also be taken
in cleaning adjacent to side drains and pipes and any damage to
the same shall be the responsibility of the Contractor. Where
side drains, pipes or depressions exist, care shall be taken in
leaving said drains in such a manner that surface water shall have
free access to said ditches. Contractor shall take care not to
damage, destroy, or in any way adversely affect the stability of
any bridge on any public road, street, thoroughfare, highway or
public utilities.
4. The Contractor shall give five (5) days notice to owner
of land adjacent to the ditches to remove private bridges, drains,
fences or other obstructions within the right-of-way limits. If
the owner does not remove the same, the Contractor shall remove
the same, exercising all reasonable care in said removal. However,
-2- neither the Contractor nor the Drainage District will be held
liable for damages to same.
5. As used in the contract documents, the following terms
shall have the meanings and refer to the parties designated in
these definitions:
(a) "Owner", "Contracting Authority", or "Drainage
District" shall mean Naylor Drainage District.
(b) "Contractor" shall mean the individual,
partnership, corporation or other legal entity that has entered
into the Contract with the contracting authority to perform the
work specified.
(c) "Work" shall mean the furnishing of all necessary
tools, labor, equipment, materials, and supplies required to be
furnished by the Contractor under these specifications.
(d) "Contract Documents" shall mean all the documents
covering this project, including but not limited to, the
advertisement for bids, the bid proposal, the bonds, the
instructions to bidders, general conditions and specifications and
the Contract.
6. All work shall be done in conformance with the laws of
the State of Missouri and any subdivision thereof, and all
applicable Federal laws and regulations.
7. In the event the Contractor shall subcontract for any
part of the work, Contractor shall submit to the Drainage District
in writing the names of any subcontractors he proposes and a copy
of the Contract entered into between the Contractor and the
subcontractor. The Contractor shall be held fully responsible for
the acts and omissions of its subcontractors and nothing contained
herein shall create any contractual relationship between
subcontractor and the Drainage District.
-3- 8. Contractor agrees that he has viewed the premises which
are the subject matter of the Contract and is aware of the nature
and location of the work, the configuration and character of the
land, the quality and quantity of materials to be encountered and
the type of equipment and facilities needed to carry out the work
and all other matters which can in any way affect the work under
this Contract. No verbal agreement or conversation with any
officer, agent or employee of the Drainage District, either before
or after execution of this Contract, shall affect or modify any of
the terms or obligations herein.
9. Concurrently with the execution of the Contract, the
Contractor shall furnish a good and sufficient Surety Bond in the
amount of 100% of the Contract sum, guaranteeing the faithful
performance of all covenants, stipulations and agreements of the
Contract, the payment of all bills and obligations arising from
the execution and performance of the Contract, and guaranteeing
the work against faulty workmanship and materials during the
maintenance for one (l) year after completion; all provisions of
the bond to be complete and in full compliance with the statutory
requirements of the State of Missouri. The bond shall be executed
with proper sureties through a company licensed and qualified to
do business in the State of Missouri. If at any time during the
work period or within one (1) year after completion, the surety on
the Contractor's bond becomes insolvent or goes into receivership
or
avails itself of protection under Bankruptcy Laws, the Drainage
District shall have the right to require additional sufficient
sureties which the Contractor shall furnish within ten (10) days
after notice to do so; in the event of default hereof, the Contract
may be suspended and all payments or money due the Contractor
-4- withheld. In lieu of the Surety Bond described in this contract,
the Contractor may provide an Irrevocable Letter of Credit from an
FDIC insured bank issued in the amount and under the terms of this
paragraph 10.
10. The Contractor shall maintain such insurance as will
protect him from claims under the Worker's Compensation Acts and
all other employee benefits and from claims from damages because
of bodily injury, including death, and from claims for damages, to
property which may arise out of operations or the work, whether
such operations be by himself or by any subcontractor or anyone
directly or indirectly employed by either of them. The insurance
shall be written by companies authorized to do so and are doing
business in the State of Missouri and shall be for not less than
the following limits:
(a) Comprehensive General Public Liability Insurance
with bodily injury and property damage limits of $1,000,000.00.
(b) Comprehensive Automobile Liability Insurance
including owned, hired and non-owned vehicles with bodily injury
and property damage limits of $1,000,000.00 for each accident.
(c) Standard Workers' Compensation and Employer's
Liability Coverage as is required by Missouri law; and
(d) Owner's and Contractor's Liability Insurance with
bodily injury and property damage limits of $1,000,000.00.
Certificate of insurance shall be filed with the District before
work commences under any contract or subcontract.
11. The manner and method of performing the work shall be
under the direction and control of the Contractor, but all work
done shall at all times be subject to inspection by the Drainage
District or its authorized representative. Any authorized
representative inspecting said work shall have authority, subject
-5- to final decision of the Board of Supervisors of the Drainage
District, to condemn and reject any defective work and to suspend
the work when it is not being done properly, but the responsibility
for the work in compliance with the contract documents and all
applicable laws, rules and regulations shall be the Contractor's.
All rejected work shall be taken out and replaced by satisfactory
work and should the Contractor fail or refuse to comply with
instructions in this respect, the Drainage District may withhold
payment or proceed to terminate the Contract as provided herein.
12. The Contractor shall adequately protect the work, the
Drainage District's property, adjacent property and the public
from injury, damage or loss arising in connection with the Contract
or the work. The Contractor assumes the entire responsibility and
liability for any third party claims and actions based upon or
arising out of injuries, including death, to persons, or damage to
or destruction of property, sustained or alleged to have been
sustained in connection with or to have arisen out of or incidental
to the performance of this Contract by this Contractor, his agents
and employees, regardless of whether such claims or actions are
founded in whole or in part upon alleged negligence of the Drainage
District. The Contractor shall indemnify and hold harmless the
Drainage District and its representative in respect to any such
manner, including but not limited to, the costs of investigating
any claim, court costs, attorney's fees, and the like.
13. The Contractor shall procure at his own expense all
licenses and permits necessary to complete the work.
14. No assignments by the Contractor of this Contract or any
part hereof of the funds to be received hereunder by the Contractor
will be recognized unless such assignment has the written approval
of the Drainage District and the surety on the Contractor's
-6- Performance Bond. No assignment, transfer or subletting even
though consented to in writing shall relieve the Contractor of his
liability under this Contract.
15. In the event any provisions of the Contract are violated
by Contractor, or by any of his subcontractors, the Drainage
District may serve written notice upon Contractor and its surety
setting forth the violations and demanding compliance with the
Contract. Unless within ten (10) calendar days after serving such
notice, such violations shall cease and satisfactory arrangement
for correction be made, the Drainage District may terminate the
Contract by serving notice on Contractor; but the liability of
Contractor and its surety for such violation, and for any and all
damages resulting therefrom, as well as from such termination,
shall not be affected by any such termination. Upon such
termination, Drainage District may take over work and prosecute
same to completion by Contract and Contractor and its surety shall
be liable to the Drainage District for any excess costs occasioned
by Drainage District thereby.
16. In the event the Contractor considers that he is being
delayed by any act of the Drainage District or its agents or
employees, or for any reason beyond Contractor's control, he shall,
within ten (10) days from the beginning of such delay, notify the
Drainage District in writing of the causes of any such delay.
Extensions of time, with relief from responsibility for liquidated
damages incurred on account of such delay will be granted to the
Contractor when, in the opinion of the Drainage District, the
causes so called to its attention warrant such extensions of time.
No claims for delay will be considered unless such notices have
been filed with the Drainage District within the time specified
above.
-7- 17. The Drainage District, without invalidating the
Contract, may order additional work to be done in connection with
the Contract or may alter or deduct from the work, the Contract
sum to be adjusted accordingly. Additional work shall be done as
ordered in writing by the Drainage District which order shall state
the specifics concerning the extra work. All such work, if any,
shall be performed under the conditions of the original Contract
and subject to the original Contract as though therein included.
18. The Drainage District shall have the right to take
possession of and use any completed or partially completed portions
of the work, notwithstanding that the time for completing the
entire work or such portions thereof may not have expired; but
such taking possession and use shall not be deemed as an acceptance
of any work not completed in accordance with the contract
documents. If such prior use of the completed portions increase
the cost of or delay the works, the Contractor shall be entitled
to such extra compensation or an extension of time, or both as the
Drainage District may determine.
19. As soon as the work has been substantially and
satisfactorily completed, the Contractor shall notify the Drainage
District who shall inspect such work or cause the work to be
inspected by the Drainage District Board of Supervisors. The
Contractor shall be notified of any deficiencies found. The
Contractor shall promptly correct such deficiencies. At the time
of notifying the Drainage District of substantial completion, the
Contractor shall file with the Drainage District the receipt in
full from each manufacturer, subcontractor, dealer or supplier for
all equipment and material used on the work and a complete release
of all liens which may have arisen from the work or from this
Contract. In lieu thereof, the Contractor may file statements
-8- showing the balance due or claimed on all accounts and this
Drainage District shall have the right, if it so elects, to
withhold sufficient money to pay such balances until receipts in
full or satisfactory evidence of final payment are filed with the
Drainage District.
The Drainage District shall notify the Contractor of its
acceptance of the work and shall make final payment to the
Contractor, withholding any sums authorized to be withheld as set
out in this paragraph. Neither the making of final payment nor
acceptance of the job shall relieve the Contractor of his
responsibility for faulty materials or workmanship and he shall
remedy any defects and pay for any damage resulting therefrom which
shall appear within one (1) year from the date of final acceptance,
nor shall the making of final payment or acceptance of the job
relieve the Contractor of his obligation under paragraph 13, page
7 of this document.
20. The Contractor will, on or about the last day of each
month, make an estimate of the work completed. As soon thereafter
as possible and after the Contractor has filed receipted bills
showing that he has paid for all the materials, work, supplies or
labor, the Contractor will submit invoices for work completed,
which the Drainage District shall submit to the Natural Resources
Conservation Service (“NRCS”) for payment. Final payment will be
made at the time of the inspection and final acceptance the
Drainage District and NRCS.
21. The work may necessitate work over, under and adjacent
to bridges, pipe lines, water lines, highways, railroads, roads,
telephone and telegraph lines. The Contractor shall have the
responsibility of contacting the owner of the above-mentioned
structures or utilities and of acquiring any necessary right,
-9- permit, or permission to work on, over, under or adjacent to same.
The Contractor will give notice in writing to the owner of the
above-mentioned structures or utilities no later than ten (10)
days following the award of the Contract and shall arrange a time
for meeting with the owners of the same to solve any problems that
may arise during the course of the operation necessary for the
work. In the event working days are lost as a result of delay by
the owner of any of the above-mentioned utilities or structures,
the Contractor will not be penalized. However, if, in the opinion
of the Drainage District, the Contractor has been negligent or lax
in the acquisition of the above-mentioned rights, permissions or
permits, the Contractor shall be penalized each working day lost.
22. Contractor shall commence immediately after the
execution of the Contract, and each ditch shall be completed by
December 31, 2018.
23. If the Contractor shall fail to complete the work within
the number of days provided in the Contractor's proposal plus any
extension of time granted by the Drainage District extending the
number of working days, the Contractor shall pay to the Drainage
District, and the Drainage District shall have the right to
withhold from any payments due Contractor, as liquidated damages,
the sum of One Hundred Dollars ($100.00) per working day for each
working day in excess of the number of working days
allotted/allowed Contractor to complete the work.
24. All payments made to Contractor for work done pursuant
to the contract by the Drainage District shall be contingent upon
approval of said work by the NRCS. Said approval for payment shall
take precedent over all other provisions for payment contained
herein and in the Contract.