Bid Notice-SW Nutmeg Drainage Improvements.pdf

Contract Documents

& Specifications for

SW Nutmeg Drainage Improvements

PIIP23-002

0-029701-000

August 2026

Prepared for:

City of Bentonville

3200 SW Municipal Drive

Bentonville, AR72712

Phone: (479) 271-3168

Prepared by:

MESHEK & ASSOCIATES, LLC

5100 S Thompson St, No 204

Springdale AR 72764

C. A. No. 2330 Expires 12/31/2027

08/10/2026

Table of Contents

Advertisement for Bid

C200 Instruction to Bidders

C410 Bid Form

Non-Collusion Affidavit

C435 Bid Bond Damages

C451 Qualifications Statement

C510 Notice of Award

C520 Agreement between Owner and Contractor

C550 Notice to Proceed

C610 Performance Bond

C612 Warranty Bond

C615 Payment Bond

C620 Application for Payment

C625 Certificate of Substantial Completion

C626 Notice of Acceptability

C700 General Conditions

C800 Supplementary Conditions

Technical Specifications

CITY OF BENTONVILLE, ARKANSAS

PURCHASING DEPARTMENT

ADMINISTRATIVE SERVICES BUILDING

1000 SW 14TH STREET BENTONVILLE, AR 72712

(479)-271-3115 – purchasing@bentonvillear.com

FOR PUBLICATION

PUBLICATION DATES: August 9, 2026; August 16, 2026

NOTICE TO BIDDERS

SW NUTMEG DRAINAGE IMPROVEMENTS

Invitation For Bid (IFB)-26-58

The City of Bentonville, Arkansas is accepting formal, sealed bids from properly qualified, experienced, licensed and insured Contractors for the construction, including the supply of necessary labor, materials and equipment, of the following project:

The project is located between SW Nutmeg and the detention pond on SW Jasmine St in Wildwood Subdivision

Phases III & IV & Brighton Cottages Subdivision in Bentonville, AR. The project scope is to remove existing small diameter storm sewer pipes and to replace them with an 8’x3’ box culvert, regrade a detention pond and downstream channel. The project will require the relocation of water and sanitary sewer utilities, the construction of new storm inlets and junction boxes, as well as street, sidewalk, and driveway replacement.

All Bids must be accompanied by a Bid Guarantee in the form of a bid bond, certified check, or cashier’s check in the amount of 5% (five percent) of the Total Bid Price, payable without condition to the City of Bentonville, as a guarantee that the Bidder will enter into a contract and execute performance and payment bonds after the Notice of

Award has been issued. The Bid Guarantee shall provide that the Bidder or surety must pay the damage, loss, cost, and expense subject to the amount of the Bid Bond directly arising out of the Bidder’s default in failing to execute and deliver the Contract and bonds. Personal checks and company checks are NOT acceptable as a Bid Guarantee.

Any bid submitted shall be void unless accompanied by a cashier’s check drawn upon a bank or trust company doing business in the State of Arkansas or by a corporate bid bond. Bidders shall adhere to the bonding requirements as specified in the IFB-26-58 Bidding Documents.

There will be an OPTIONAL Pre-Bid Meeting held on 8/20/2026 at 10:00 am CST, located at the Bentonville

Municipal Works Complex Room C105, 3200 SW Municipal Dr, Bentonville, AR 72712. City Staff, the Engineer, and interested Bidders will meet at the referenced location to review Bid requirements and timelines prior to driving to the work-site to review the Project location. Attendees will travel in separate vehicles. The Pre-Bid Meeting is not required to be eligible to submit a Bid; however, attendance is highly encouraged to review the Scope of Work and visit the work-site. The Pre-Bid Meeting will begin at 10:00 am sharp.

The City reserves the right to cancel this request at any time in accordance with the City’s best interest. The City also reserves the right to reject any Bid received and to waive irregularities in accordance with the City’s best interest. Submitters agree that such rejection shall be without liability on the part of the City of Bentonville for any damage or claim brought by any Bidder because of such rejections, nor shall the Submitter seek any recourse of any kind against the City because of such rejections. The filing of any Bids in response to this Invitation shall constitute an agreement of the Bidder to these conditions.

The awarded Bidder will be required to furnish Performance and Payment Bonds at the time of signing the Contract in amounts equal to the Total Bid Price.

Pursuant to Arkansas Code Annotated § 22-9-203, the City encourages all qualified small, minority owned, and women owned business enterprises to submit Bids for capital improvements. Encouragement is also made to all general (prime) contractors that in the event they subcontract portions of their work, consideration is given to the identified groups.

The City of Bentonville Purchasing Department encourages qualified small, minority and women owned businesses to participate and submit Bids for City projects/purchases.

CITY OF BENTONVILLE, ARKANSAS

PURCHASING DEPARTMENT

ADMINISTRATIVE SERVICES BUILDING

1000 SW 14TH STREET BENTONVILLE, AR 72712

(479)-271-3115 – purchasing@bentonvillear.com

Interested parties can obtain the required Bid Packet by emailing purchasing@bentonvillear.com, by calling 479-

271-3115, or from the Purchasing Department located at the address below. The Bid Packet may also be downloaded from the Purchasing Page of the City’s website (https://www.bentonville.ar.gov/1854/Beacon-Bid-

Portal by clicking ‘Review Open Bids’; however, Bidders are encouraged to notify Purchasing that they have downloaded the Bid Packet to ensure they are on the distribution list for Addenda and/or Q&A. Interested Parties should note that there may be a 24-48 hour delay from the date of publication for the documents to be available on the City’s website.

There will be a Public Bid Opening for IFB-26-58 held at 10:00 am CST on 09/03/2026; the Bid Opening will be held at the City of Bentonville Administrative Services Building in Room A239 on the 2nd floor, located at 1000 SW

14th Street Bentonville, AR 72712. All Bid Submissions must be received by Purchasing prior to the Public Bid

Opening time. Late Submissions, unsigned Submissions and Submissions which do not contain the required Bid

Bond will be rejected, without exception. In accordance with Arkansas Procurement Law and Rules, it is the responsibility of vendors to submit responses at the designated location before the Bid Opening date and time.

Bidders who wish to deliver a Bid Submission prior to the Bid Opening date/time may do so by delivering the Bid

Submission to the Purchasing Department located at the address above. Bidders may also choose to deliver their Bid

Submission at the Public Bid Opening, but must do so prior to the Public Bid Opening time.

Questions must be submitted via written communication only to allen.damron@wsbeng.com. The deadline to submit questions related to this Invitation is 08/27/2026, at 5:00 pm CST.

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page1 of 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes ................................................................... Error! Bookmark not defined.

Article 22— Contracts to Be Assigned ........................................................... Error! Bookmark not defined.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents

(together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is

Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Bidders may obtain the Bidding Documents as described in the Invitation for Bid by contacting the

City of Bentonville Purchasing Department or direct download from the Purchasing Page on the

City’s website. Bidders are strongly encouraged to notify the Purchasing Department that they have downloaded the plans in order to be registered as an official planholder to ensure they are on the distribution list for Addenda and/or Q&A. Bidders may rely that sets of Bidding Documents obtained from the Purchasing Department are complete, unless an omission is blatant.

Registered plan holders will receive Addenda issued by the Owner.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to the Bidders as Electronic

Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version latest version. It is the intent of the

Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the

Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in

Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for the use of the Contractor documents that were developed by Engineer as part of the Project design process, as Electronic Documents in native file formats.

1. Electronic Documents that are available in native file format include:

a. Design Drawings in .dwg format for Autodesk AutoCAD Civil 3D 2020 or later

2. Release of such documents will be solely for the convenience of the Contractor. No such document is a Contract Document.

3. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner or Engineer to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractor’s specific purposes.

4. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as previous experience and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the

Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. At least three (3) references from within the last two (2) years. References provided must be from the performance of the same or similar type work as described herein. The Owner reserves the right to contact references provided and use the information obtained in the evaluations of the Bidder’s Bid submission.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the

Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain

Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any

Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in

Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. In addition to the documents regarding existing Site conditions referred to in

Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the

Site are known to Owner and made available to Bidders for reference:

1. NONE

Owner will make copies of these other Site-related documents available to any Bidder on request.

B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents.

C. The other Site-related documents are not part of the Contract Documents.

D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the

Contract Documents and (2) the Technical Data.

E. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is allowed to arrange to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. A Site visit can be scheduled upon request. Maps to the Site will be made available upon request.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

D. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner or Engineer contact for visiting the Site: Cody Vaughn, City of

Bentonville Project Manager. Bidder must conduct the required Site visit during normal working hours.

E. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

F. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder general access to the Site to conduct such additional

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

G. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

H. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the

Site by Owner or others (such as utilities and other prime contractors) and relates to the

Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the

Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the

Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Owner in writing. All questions are to be submitted via email to purchasing@bentonvillear.com.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the Contract

Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the

General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required

Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if

Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the

Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract unless otherwise outlined in the project specifications.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective

Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 If requested by the Owner, the apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of all Subcontractors or Suppliers proposed for all of the Work within five days after Bid opening.

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such

Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent

Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in

Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the

Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the

Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the

Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between 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.

13.02 Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for

Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General

Conditions.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the

Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the

Bid Form.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the

Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the

Advertisement.

14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the

Bidder unopened.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 Bid Document Mistakes: the bidder shall not be allowed to modify or correct mistakes in the bid document after the opening of the bid, unless the mistake is determined to be non-judgmental by the purchasing manager. Failure to complete the entire bid accurately may result in declaring

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

the bid as non-responsive and the bid may be rejected. Bids may be withdrawn by the bidder after submission for revisions or modifications at any time prior to the deadline for receipt of bids (or bid opening). Any such request for withdraw must be in writing either by email or other acceptable electronic manner as outlined in the bidding documents, hand delivered or mailed communication. After bids are opened, they shall be irrevocable for the period specified in the bid documents, unless a nonjudgmental mistake (such as a math error), as determined by the purchasing manager, is suspected by the purchasing manager or the bidder, or unless bidder is permitted to withdraw their bid pursuant to Arkansas State Law. If a nonjudgmental mistake is suspected, such as a math error, the bidder shall submit a written request to the purchasing department requesting either to withdraw their bid submission or to correct the nonjudgmental mistake. In the event that the city becomes aware of the mistake prior to the bidder, the bidder shall respond within two (2) days of receiving notification of the discovery with a written request to the purchasing department to verify a correction or requesting to withdraw their bid. Any such request for withdraw or correction must be in writing either by email (or other acceptable electronic manner as outlined in the bidding documents), hand delivered or mailed communication. Once a bid has been verified, it shall be considered submitted, as verified.

(1) in the event of discrepancy between a unit price and an extended price, the unit price shall govern.

(2) at no point shall a correction of a mistake result in reduction or increase of a bidder’s unit price(s). If correction of the mistake would result in either an increase or decrease in the unit price, the bid shall be considered nonresponsive and shall be rejected.

The city shall permit a bidder to withdraw its bid without penalty or forfeiture of bid security if:

(a) a nonjudgmental mistake is evident on the face of the bid, or (b) the bidder establishes by clear and convincing evidence that a nonjudgmental mistake was made.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor

Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the

Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of

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the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then

Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether 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.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful

Bidder, together with printed and electronic copies of the Contract Documents as stated in

Paragraph 2.02 of the General Conditions.

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to

Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to: City of Bentonville, Arkansas; Purchasing Department; 1000 SW 14th

Street Bentonville, AR 72712

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

C. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

D. Required Bidder Qualification Statement with supporting data; and

ARTICLE 3—BASIS OF BID— UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

Item

No.

Description Unit Estimated

Quantity

Bid Unit Price Bid Amount

1 CLEARING ACRE 0.50 $ $

2 GRUBBING ACRE 0.50 $ $

3 R&D OF FENCE LF 361 $ $

4 R&D OF CURB AND GUTTER LF 515 $ $

5 R&D OF ASPHALT PAVEMENT SY 890 $ $

6 R&D OF WALKS SY 1,175 $ $

7 R&D OF CONC. DITCH PAVING SY 957 $ $

8 R&D OF MAILBOXES EA 5 $ $

9 R&D OF BOX CULVERTS EA 1 $ $

10 R&D OF CONCRETE DRIVEWAYS SY 428 $ $

11 R&D OF DROP INLETS EA 5 $ $

12 R&D OF HANDRAIL LF 38 $ $

13 R&D OF HEADWALLS EA 9 $ $

14 R&D OF JUNCTION BOXES EA 2 $ $

15 R&D OF PIPE CULVERTS EA 16 $ $

16 UNCLASSIFIED EXCAVATION CY 8,716 $ $

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

17 AGGREGATE BASE COURSE CLASS 7 CY 428 $ $

18 TACK COAT GAL 121 $ $

19 PRIME COAT GAL 254 $ $

20 PORTLAND CEMENT CONCRETE DRIVEWAY SY 428 $ $

21 MOBILIZATION LSUM 1 $ $

22 MAINTENANCE OF TRAFFIC LSUM 1 $ $

23 CONCRETE DITCH PAVING SY 587 $ $

24 (SP) 24” CORRUGATED POLYPROPYLENE PIPE LF 78 $ $

25 (SP) 30” CORRUGATED POLYPROPYLENE PIPE LF 58 $ $

26 (SP) 36” CORRUGATED POLYPROPYLENE PIPE LF 89 $ $

24” FLARED END SECTIONS FOR CPP PIPE

CULVERTS

EA 5

36” FLARED END SECTIONS FOR CPP PIPE

CULVERTS

EA 2

29 JUNCTION BOXES (JB01) EA 1 $ $

30 JUNCTION BOXES (JB02) EA 1 $ $

31 JUNCTION BOXES (JB03) EA 1 $ $

32 JUNCTION BOXES (JB04) EA 1 $ $

33 JUNCTION BOXES (JB05) EA 1 $ $

34 JUNCTION BOXES (JB06) EA 1 $ $

35 JUNCTION BOXES (JB07) EA 1 $ $

36 JUNCTION BOXES (JB08) EA 1 $ $

37 JUNCTION BOXES (JB09) EA 1 $ $

38 DROP INLETS (ST02) EA 1 $ $

39 DROP INLETS (TYPE C) (16’ INLET) EA 2 $ $

40 DROP INLETS (TYPE C) (20’ INLET) EA 3 $ $

41 WOOD PRIVACY FENCE (LIKE-KIND) LF 289 $ $

42 IRON PRIVACY FENCE (LIKE-KIND) LF 75 $ $

43 WATER MG 323 $ $

44 SILT FENCE LF 569 $ $

45 STRAW WATTLE LF 363 $ $

46 SOLID SODDING SY 15,492 $ $

47 GEOTEXTILE FABRIC, TYPE 9 SY 1,601 $ $

48 CONCRETE WALKS SY 1,046 $ $

CONCRETE COMBINATION CURB AND GUTTER

(TYPE A)(1’6”) LF

50 ROADWAY CONSTRUCTION CONTROL LSUM 1 $ $

51 MAILBOXES EA 5 $ $

UNCLASSIFIED EXCAVATION FOR STRUCTURES-

ROADWAY CY

53 CLASS S(AE) CONCRETE-ROADWAY CY 407 $ $

54 REINF. STEEL-ROADWAY (GR 60) LB 58,839 $ $

55 DUMPED RIPRAP CY 130 $ $

56 FILTER BLANKET SY 97 $ $

TRENCH OR EXCAVATION SAFETY SYSTEM ACT

291, 1993

LSUM 1

58 ASPHALT SURFACE COURSE TON 91 $ $

59 ASPHALT BINDER TON 136 $ $

8” POLYVINYL CHLORIDE (PVC) PIPE AWWA

C900, DR14

LF 149

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61 8” TAPPING SLEEVE EA 4

62 8” GATE VALVE WITH VALVE BOX & COVER EA 4

63 8” 90 DEG BEND WITH THRUST BLOCKING EA 2

64 8” 45 DEG BEND WITH THRUST BLOCKING EA 3

65 8” 22.5 DEG BEND WITH THRUST BLOCKING EA 4

66 16” STEEL ENCASEMENT LF 43

RELOCATE SERVICE CONNECTION WITH

SERVICE LINE (AS NEEDED)

EA 2

68 WATER METER RESET EA 1

6” POLYVINYL CHLORIDE (PVC) PIPE AWWA

C900, DR18

LF 74

70 16” STEEL CONDUIT LF 48

71 16” SPLIT STEEL CONDUIT LF 25

72 6” 45 DEG BEND WITH THRUST BLOCKING EA 5

73 6” 90 DEG BEND WITH THRUST BLOCKING EA 1

74 SANITARY SEWER SERVICE CONNECTION EA 2

75 4” SDR 26 SEWER PIPE LF 96

76 REMOVAL OF EXISTING SERVICE LINES LF 108

77 ANCHOR COLLAR EA 2

Total of All Unit Price Bid Items $

B. Bidder acknowledges that:

1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover

Contractor’s overhead and profit for each separately identified item, and

2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of

Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

3.02 Total Bid Price (Lump Sum and Unit Prices)

Total Bid Price (Total of all Unit Price Bids) $

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda: [Add rows as needed. Bidder is to complete table.]

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

3. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

4. Bidder has carefully studied the reports and drawings relating to Hazardous

Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

5. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations…