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BID FORM
WIGGINS FORK PIT GRAVEL
CRUSHING 2015
404-3-4053
FREMONT COUNTY
GOVERNMENT
DECEMBER 2014
BID DOCUMENT SUBMITTAL
For the “Wiggins Fork Pit Gravel Crushing 2015” project, the Bid Documents consist of
two (2) parts. These are the “PROJECT MANUAL” and “BID FORM”. The “BID
FORM” is the document that the bidder must submit, along with bid the bond, certificate
of residency, WYDOT pre-qualification statement and other required documents for their
bid to be considered. The Bidder shall retain the “PROJECT MANUAL”.
The Bidder certifies, through submission of this bid that he has reviewed the Bid
Documents and other relevant data in assembling this bid. The Bidder further certifies
that he will enter into a Contract with the Owner if this bid is accepted, with exceptions
as noted in the Instructions to Bidders. The Engineer, David C. Pendleton, P.E., will
combine the “BID FORM” and PROJECT MANUAL” and other Owner/Contractor
executed documents into a booklet with the heading entitled “EXECUTED
CONTRACT”. This will be the Work Contract.
INVITATION TO BID
WIGGINS FORK PIT GRAVEL CRUSHING 2015 PROJECT
Fremont County Government, Lander Wyoming (OWNER) invites sealed bids for the Wiggins Fork
Pit Gravel Crushing project to include the following:
Crushing and stockpiling approximately 30,000 CY of gravel in an existing quarry located
on the State of Wyoming Land, located upstream approximately 1-mile northwest of the
Wiggins Fork bridge adjacent to the East Fork Road, east of the Town of Dubois, Wyoming
in Township 42 North, Range 105 West, Southwest ¼ of Section 33. Fremont County,
Wyoming.
Bids shall be delivered to: David C. Pendleton, P.E., Fremont County Courthouse, 450 N 2nd Street,
Room 205, Lander, Wyoming 82520. Bid packages will be accepted until 2:00pm, Thursday,
December 18, 2014 at which time all bids will be publicly opened and read aloud in County
Commission Chambers, Room 205, Fremont County Courthouse, 450 N 2nd St., Lander, WY. 82520.
Each bid shall be placed in a sealed envelope clearly marked on the outside with the name of the
bidder and contain the words "Bid for Wiggins Fork Pit Gravel Crushing 2015 Project".
Bids must be accompanied by a Bid Bond or Cashiers Check in the amount of five percent (5%) of
the total bid. The successful bidder will be required to post performance and payment bonds, each in
the amount of one hundred percent (100%) of the bid.
A pre-bid conference will be held in the Dubois Town Hall Council Chambers, 714 Meckem Street,
Dubois, WY 82513 on Tuesday, December 9, 2014 at 2:00p.m., followed by an on-site project
showing at the Wiggins Fork Pit adjacent to the East Fork Road, east of Dubois, Wyoming.
The Project Manual and Bid Form may be inspected and/or downloaded from the Fremont County,
Wyoming Transportation Department website at http://www.fremontcountywy.org or at
http://www.publicpurchase.com. Project inquiries may be made by calling Dave Pendleton at (307)
332-1040.
Bids may not be withdrawn for a period of forty-five (45) days after opening. It is to be understood
that the OWNER may reject any and all bids, make substitutions and waive any informalities and
technicalities as will be in their best interest.
Fremont County Government is an Equal Opportunity Employer and does not discriminate on the
basis of race, color, national origin, sex, religion, age and handicapped status in employment or the
provision of services.
Fremont County Government does not discriminate on the basis of handicapped status in the
admission or access to, or treatment or employment in, its programs or activities.
In accordance with Wyoming Statutes 16-6-101 et. seq., a 5 % preference will be given to materials,
supplies, equipment, machinery and provisions produced, manufactured, supplied or grown in
Wyoming, quality being equal to articles offered by the competitors outside of the State.
Fremont County Government
Published:
Riverton Ranger: November 23, 30, December 7, 2014
INSTRUCTIONS TO BIDDERS
ARTICLE 1 – DEFINED TERMS
1.01
Terms used in these Instructions to Bidders will have the meanings indicated in the
General Conditions and Supplementary Conditions. Additional terms used in these
Instructions to Bidders have the meanings indicated below which are applicable to both
the singular and plural thereof:
A. Bidder – The individual or entity who submits a Bid directly to the OWNER.
B. Issuing Office – The office from which the Bidding Documents are to be issued and
where the bidding procedures are to be administered.
C. Successful Bidder – The lowest responsible Bidder submitting a responsive Bid to
whom OWNER (on the basis of OWNER’s evaluation as hereinafter provided)
makes an award.
ARTICLE 2 – COPIES OF BID DOCUMENTS
2.01
Complete sets of the Project Manual and Bid Form may be inspected and/or downloaded
from the Fremont County Transportation Department website at
http://www.fremontcountywy.org or at http://www.publicpurchase.com. There is no
charge for downloading the documents.
2.02
Complete sets of Bid Documents must be used in preparing Bids; neither OWNER nor
ENGINEER assumes any responsibility for errors or misinterpretations resulting from the
use of incomplete sets of Bidding Documents.
2.03
OWNER and ENGINEER in making copies of Bid Documents available on the above
terms do so only for the purpose of obtaining Bids for the Work and do not confer a
license or grant for any other use.
ARTICLE 3 – QUALIFICATIONS OF BIDDERS
3.01
PRE-QUALIFICATION OF CONTRACTORS
A. No bids will be considered except from those contractors pre-qualified to bid in
accordance with Rules and Regulations issued by the Transportation Commission of
Wyoming. All prospective bidders are required to submit pre-qualification
statements with their Bid. THE BIDS OF CONTRACTORS WHO ARE NOT
PREQUALIFIED AS REQUIRED PRIOR TO THE TIME ON OPENING OF
BIDS WILL NOT BE CONSIDERED. Contractors/Suppliers who are shown on
the approved bidders list on file in the Department’s Purchasing Branch are not
automatically pre-qualified for bidding this project. It is the individual
Contractor/Suppliers responsibility to become pre-qualified as required by the
Wyoming Department of Transportation.
Instructions To Bidders
Page 1 of 10 Pages
(Wiggins Fork Crushing 2015)
Pre-qualification information is available by contacting the Wyoming Department of
Transportation Construction Office:
Wyoming Department of Transportation
Mr. Jim Messer
Pre-Qualification Supervisor
Cheyenne, WY 82009-3340
Telephone No. (307) 777-4056
B. If the Bidder claims to be a Wyoming resident CONTRACTOR, and thus claims
eligibility for preference in the award of the contract under current Wyoming
preference laws, the Bidder must be certified as a resident by the Wyoming
Commissioner of Labor and Statistics, at the time of the bid opening.
ARTICLE 4 – EXAMINATION OF BID DOCUMENTS, OTHER RELATED DATA AND
SITE
4.01
Subsurface and Physical Conditions
A. The Supplementary Conditions identify:
1. Those reports of explorations and tests of subsurface conditions at or
contiguous to the Site that Engineer has used in preparing the Bid
Documents.
2. Those drawings of physical conditions in or relating to existing surface and
subsurface structures at or contiguous to the Site (except Underground
Facilities) that ENGINEER has used in preparing the Bid Documents.
4.02
Underground Facilities
A. Information and data shown or indicated in the Bid Documents with respect to
existing Underground Facilities at or contiguous to the Site is based upon information
and data furnished to OWNER and ENGINEER by owners of such Underground
Facilities, including OWNER, or others.
4.03
Hazardous Environmental Condition
A. The Supplementary Conditions identify those reports and drawings relating to a
Hazardous Environmental Condition identified at the Site, if any, the ENGINEER
has used in preparing the Bid Documents.
4.04
Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders with respect to subsurface conditions, other physical conditions and
Underground Facilities, and possible changes in the Bidding Documents due to differing
or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General
Instructions To Bidders
Page 2 of 10 Pages
(Wiggins Fork Crushing 2015)
Conditions. Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders with respect to a Hazardous Environment Condition at the Site, if
any, and possible changes in the Contract Documents due to any Hazardous
Environmental Condition uncovered or revealed at the Site which was not shown or
indicated in the Drawings or Specifications or identified in the Contract Documents to be
within the scope of the Work appear in paragraph 4.06 of the General Conditions.
4.05
On request, OWNER will provide Bidder access to the Site to conduct such
examinations, investigations, explorations, test, and studies, as Bidder deems necessary
for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its
former condition upon completion of such explorations, investigations, test, and studies.
4.06
It is the responsibility of each Bidder before submitting a Bid to:
A. examine and carefully study the Bid Documents, including any Addenda and the
other related data identified in the Bid Documents;
B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work;
C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and
Regulations that may affect cost, progress, or performance of the Work;
D. carefully study all reports of explorations and tests of subsurface conditions at or
contiguous to the Site and carefully study all reports and drawings of a Hazardous
Environmental Condition, if any, at the Site which have been identified in the
Supplementary Conditions as provided in paragraph 4.06 of the General Conditions;
E. obtain and carefully study (or assume responsibility for doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work
or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by Bidder, including any specific means,
methods, techniques, sequences, and procedures of construction expressly required
by the Bid Documents, and safety precautions and programs incident thereto;
F. agree at the time of submitting its Bid that no further examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of its Bid for
performance of the Work at the price bid and within the times and in accordance with
the other terms and conditions of the Bid Documents;
G. become aware of the general nature of the work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Bid Documents;
H. correlate the information known to Bidder, information and observations obtained
from visits to the Site, reports and drawings identified in the Bid Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the
Bid Documents;
Instructions To Bidders
Page 3 of 10 Pages
(Wiggins Fork Crushing 2015)
4.07
I.
promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder discovers in the Bid Documents and confirm that the
written thereof by ENGINEER is acceptable by Bidder; and
J.
determine that the Bid Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work.
The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, that without exception the
Bid is premised upon performing and furnishing the Work required by the Bid
Documents and applying any specific means, methods, techniques, sequences, and
procedures of construction that may be shown or indicated or expressly required by the
Bid Documents, that Bidder has given ENGINEER written notice of all conflicts, errors,
ambiguities, and discrepancies that Bidder has discovered in the Bid Documents and the
written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bid
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performing and furnishing the Work.
ARTICLE 5 – PREBID CONFERENCE
5.01
A pre-bid conference will be held in the Dubois Town Hall Council Chambers, 714
Meckem Street, Dubois, WY 82513 on Tuesday, December 9, 2014 at 2:00p.m., followed
by an on-site project showing at the Wiggins Fork Pit adjacent to the East Fork Road,
east of Dubois, Wyoming. Representative(s) of the OWNER and ENGINEER will be
present to discuss the Project. Bidders are encouraged to attend and participate in the
conference. ENGINEER will transmit to all prospective Bidders of record such
Addenda, as ENGINEER considers necessary in response to questions arising at the
conference. Oral statements may not be relied upon and will not be binding or legally
effective.
ARTICLE 6 – SITE AND OTHER AREAS
6.01
The site is identified in the Bid Documents. All additional lands and access thereto
required for temporary construction facilities, construction equipment, or storage of
materials and equipment to be incorporated in the Work are to be obtained and paid for
by CONTRACTOR. Easements for permanent structures or permanent changes in
existing facilities are to be obtained and paid for by OWNER unless otherwise provided
in the Bid Documents.
ARTICLE 7 – INTERPRETATIONS AND ADDENDA
7.01
All questions about the meaning or intent of the Bid Documents are to be submitted to
ENGINEER in writing. 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 Bid Documents. Questions
received less than five days before the date for opening of Bids may not be answered.
Only questions answered by Addenda will be binding. Oral and other interpretations or
clarifications will be without legal affect.
Instructions To Bidders
Page 4 of 10 Pages
(Wiggins Fork Crushing 2015)
7.02
Addenda may be issued to clarify, correct, or change the Bid Documents as deemed
advisable by OWNER or ENGINEER.
ARTICLE 8 – BID SECURITY
8.01
A Bid must be accompanied by a Bid security made payable to OWNER in the amount of
five percent (5%) of the bid amount and in the form of a certified or bank check or a Bid
Bond issued by a surety meeting the requirement of paragraph 5.01 and 5.02 of the
General Conditions.
8.02
The Bid security of the Successful Bidder will be retained until such Bidder has executed
the Contract Documents, furnished the required contract security and met the other
conditions of the Notice of Award, whereupon the Bid security will be returned. If the
Successful Bidder fails to execute and deliver the Contract Documents and furnish the
required contract security within 15 days after the Notice of Award, OWNER may annul
the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid
security of other Bidder whom OWNER believes to have a reasonable chance of
receiving the award may be retained by OWNER until the earlier of seven days after the
Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid
security furnished by such Bidders will be returned.
8.03
Bid security of other Bidders whom OWNER believes do not have a reasonable chance
of receiving the award will be returned within seven 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) also completed and ready for final payment are set forth
in the Agreement.
ARTICLE 10 – LIQUIDATED DAMAGES
10.01
Provisions for liquidated damages are set forth in the Agreement.
ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS
11.01
The Contract, if awarded, will be on the basis of materials and equipment specified or
described in the Bidding Documents without consideration of possible substitute or “orequal” items. Whenever it is specified or described in the Bid Documents that a
substitute or “or equal” item of material or equipment may be furnished or used by the
CONTRACTOR if acceptable to the ENGINEER. Application for such acceptance will
not be considered by ENGINEER until after the Effective Date of the Agreement. The
procedure for submission of any such application by CONTRACTOR and consideration
by ENGINEER is set forth in the General Conditions and may be supplemented in the
General Requirements.
Instructions To Bidders
Page 5 of 10 Pages
(Wiggins Fork Crushing 2015)
ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS
12.01
If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers,
individuals, or entities to be submitted to OWNER in advance of a specified date prior to
the Effective Date of the Agreement, the apparent Successful Bidder, and any other
Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of
all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of
the Work for which such identification is required. Such list shall be accompanied by an
experience statement with pertinent information regarding similar projects and other
evidence of qualification for each Subcontractor, Supplier, individual, or entity if
evidence of qualification for each such Subcontractor, Supplier, individual, or entity is
requested by OWNER. If OWNER or ENGINEER, after due investigation, has
reasonable objection to any proposed Subcontractor, Supplier, individual, or entity,
OWNER may, before the Notice of Award is given, request apparent Successful Bidder
to submit a substitute, in which case apparent Successful Bidder shall submit an
acceptable 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 evaluation of the Bids and in making the contract award.
12.02
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, Suppliers, individuals, or entities. Declining to make requested
substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder.
Any Subcontractor, Supplier, individual, or entity 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 revocation of such
acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the
General Conditions.
12.03
CONTRACTOR shall not be required to employ and Subcontractor, Supplier, individual,
or entity against whom CONTRACTOR has reasonable objection.
ARTICLE 13 – PREPARATION OF BID
13.01
The Bid Form is included in the Bidding Documents. Additional copies may be obtained
from the issuing office.
13.02
All blanks on the Bid form shall be completed by printing in ink or by typewriter and the
Bid signed. A Bid price shall be indicated for each (section, Bid item, alternative,
adjustment unit price item, and unit price item) listed therein, or the words “No Bid”, “No
Change”, or “Not Applicable” entered.
13.03
A Bid by a corporation shall be executed in the corporate name by the president or a vicepresident or other corporate officer accompanied by evidence of authority to sign. The
corporate seal shall be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation shall be shown below the signature.
Instructions To Bidders
Page 6 of 10 Pages
(Wiggins Fork Crushing 2015)
13.04
13.05
A Bid by a partnership shall 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 shall be shown below the signature.
A Bid by a limited liability company shall be executed in the name of the firm by a
member 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 below the signature.
13.06
A Bid by an individual shall show the Bidder’s name and official address.
13.07
A Bid by a joint venture shall be executed by each joint venturer in the manner indicated
on the Bid Form. The official address of the joint venture must be shown below the
signature.
13.08
All names shall be typed or printed in ink below the signatures.
13.09
The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of
which shall be filled in on the Bid Form.
13.10
The address and telephone number for communications regarding the Bid shall be shown.
13.11
The Bid shall contain evidence of Bidder’s authority and qualification to do business in
the state where the Project is located or covenant to obtain such qualification before
award of the Contract. Bidder’s state contractor license number for the state of the
Project, if any, shall also be shown on the Bid Form.
ARTICLE 14 – BASIS OF BID; EVALUATION OF BIDS
14.01
Unit price
A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the
Bid schedule.
B. The total of all estimated prices will be determined as a sum of the products of the
estimated quantity of each item and the unit price Bid for the item. The final
quantities and Contract Price will be determined in accordance with paragraph 11.03
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. Discrepancies between words and figures will be resolved in favor of the
words.
14.02
The Bid price shall include such amounts as the Bidder deems proper for overhead and
profit on account of cash allowances, if any, named in the Contract Documents as
provided in paragraph 11.02 of the General Conditions.
ARTICLE 15 – SUBMITTAL OF BID
Instructions To Bidders
Page 7 of 10 Pages
(Wiggins Fork Crushing 2015)
15.01
A Bid shall be submitted no later than the date and time prescribed and at the place
indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque
sealed envelope plainly marked 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 shall 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 shall be
enclosed in a separate envelope plainly marked on the outside with the notation “BID
ENCLOSED”. A mailed Bid shall be addressed to David C. Pendleton, P.E., Fremont
County Superintendent, 450 North 2nd Street, Room 205, Lander, WY 82520.
ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID
16.01
A Bid 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 prior to the date and time for the opening of Bids.
16.02
If within 24 hours after Bids are opened any Bidder files a duly signed written notice with
OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER
that there was a material and substantial mistake in the preparation of its Bid, that Bidder
may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is
re-bid, that Bidder will be disqualified from further bidding on the Work.
ARTICLE 17 – OPENING OF BIDS
17.01
Bids will be opened at the time and place indicated in the advertisement or invitation to
Bid and, unless obviously non-responsive or otherwise improper, will be read aloud in
public. An abstract of the amounts of the base Bids and major alternatives, if any, will be
made available to Bidders after the opening of Bids.
ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE
18.01
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 any Bid and the Bid
security prior to the end of this period.
ACTICLE 19 – AWARD OF CONTRACT
19.01
OWNER reserves the right to reject any or all Bids, including without limitation,
nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further
reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry
and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if
OWNER believes that it would not be in the best interest of the Project to make an award
to that Bidder. OWNER also reserves the right to waive all informalities not involving
price, time, or changes in the Work and to negotiate contract terms with the Successful
Bidder.
19.02
More than one Bid for the same Work from an individual or entity under the same or
different names will not be considered. Reasonable grounds for believing that any Bidder
has an interest in more than one Bid for the Work may be cause for disqualification of
that Bidder and the rejection of all Bids in which that Bidder has an interest.
Instructions To Bidders
Page 8 of 10 Pages
(Wiggins Fork Crushing 2015)
19.03
In evaluating Bids, OWNER will consider whether or not the Bids comply with the
prescribed requirements, and such alternatives, unit prices and other data, as may be
requested in the Bid Form or prior to the Notice of Award.
19.04
In evaluating Bidders, OWNER will consider qualifications of Bidders and may consider
the qualifications and experience of Subcontractors, Suppliers, and other individuals or
entities.
19.05
OWNER may conduct such investigations as OWNER deems necessary to establish the
responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors,
Suppliers, individuals, or entities to perform the Work in accordance with the Contract
Documents.
19.06
If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose
Bid is in the best interest of the Project.
ARTICLE 20 – CONTRACT SECURITY AND INSURANCE
20.01
Article 5 of the General Conditions, as may be modified by the Supplementary
Conditions, sets forth OWNER’s requirements as to Performance and Payment Bonds
and insurance. When the Successful Bidder delivers the executed Agreement to
OWNER, it must be accompanied by such Bonds.
ARTICLE 21 – SIGNING OF AGREEMENT
21.01
When OWNER gives a Notice of Award to the Successful Bidder, it shall be
accompanied by the required number of unsigned counterparts of the Agreement with the
other Contract Documents, which are identified in the Agreement as attached thereto.
Within 15 days thereafter, Successful Bidder shall sign and deliver the required number
of counterparts of the Agreement and attached documents to Owner. Within ten days
thereafter, OWNER shall deliver on fully signed counterpart to Successful Bidder with a
complete set of the Drawings with appropriate identification.
ARTICLE 22 – SALES AND USE TAXES
22.01
The CONTRACTOR must pay all applicable sales and use taxes.
ARTICLE 23 – RETAINAGE
23.01
Provisions concerning CONTRACTOR’s rights to deposit securities in lieu of retainage
are set forth in the Agreement.
ARTICLE 24 – PREFERENCE FOR WYOMING RESIDENT CONTRACTORS
24.01
In determining the low Bidder, a five percent (5%) preference shall be given to Wyoming
resident contractors in accordance with the provisions of Wyoming Statutes #16-6-101 et
seq. In determining the residence of a Bidder, consideration will be given to the
information required by Article 3.01B of the Instruction to Bidders, and such other
additional information as may be requested by the OWNER.
Instructions To Bidders
Page 9 of 10 Pages
(Wiggins Fork Crushing 2015)
ARTICLE 25 – LIMITATION ON NON-RESIDENT SUBCONTRACTORS
25.01
Attention of the CONTRACTOR is directed toward the provisions of Wyoming Statue
#16-6-103, which require that a successful resident bidder shall not subcontract more
than thirty percent (30%) of the work covered by this contract to nonresident contractors.
ARTICLE 26 – USE OF WYOMING LABORERS
26.01
Pursuant to the Wyoming Preference Act of 1971, #16-6-201 through 206, Wyoming
laborers shall be employed exclusively under this contract, provided that non-resident
laborers may be used when Wyoming laborers are not available for such employment
from within the State, or are not qualified to perform the work involved. The
CONTRACTOR shall inform the State Employment Office nearest the construction site
of the CONTRACTOR’s employment needs. As used in this paragraph “Laborer” means
a person employed to performed unskilled or skilled manual labor for wages in any
capacity, but does not include independent contractors. “Resident” as used in this
paragraph shall mean any person who is a citizen of the United States and has resided for
at least one (1) year in the State of Wyoming immediately preceding his application for
employment.
ARTICLE 27 – PREFERENCE FOR WYOMING WORKMEN AND MATERIAL
27.01
Pursuant to the provisions of Wyoming Statue #16-6-104, resident Wyoming laborers,
workmen and mechanics shall be used whenever possible. In addition, Wyoming
materials and products shall have a preference.
END OF SECTION
Instructions To Bidders
Page 10 of 10 Pages
(Wiggins Fork Crushing 2015)
BID FORM
Proposal of ________________________________________________ (hereinafter
called "BIDDER"), organized and existing under the laws of the State of Wyoming,
doing business as __________________________________________ to Fremont
County Commission, A Body Politic, Lander, Wyoming (hereinafter called "OWNER").
PROJECT: ________________________________________________________
PROJECT NUMBER: _______________________________________________
THIS BID DOCUMENT IS SUBMITTED TO:
Fremont County Commission
c/o David C. Pendleton, P.E.
450 North 2nd Street, Room 205
Lander, WY 82520
1.01
The undersigned Bidder proposed 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.
1.02
Bidder further agrees, if this bid is accepted, to fully complete the Project by
July 1, 2016. BIDDER further agrees to pay liquidated damages as specified in
the Supplementary Conditions should the WORK not be completed within the
allowed contract time.
2.01
Bidder accepts all of the terms and conditions of the Advertisement or Invitation
to Bid and Instructions to Bidders, including without limitation those dealing with
the disposition of Bid security. The Bid will remain subject to acceptance for 60
calendar days after Bid Opening, or for such longer period of time that Bidder
may agree to in writing upon request of OWNER.
3.01
In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bid Documents, other related
data identified in the Bidding Documents, and the following Addenda, receipt
of all which is hereby acknowledged.
Addendum No.
Addendum Date
____________
_____________
____________
_____________
____________
_____________
B. Bidder has visited the Site and has become familiar with and is satisfied as to
the general, local and Site conditions that may affect cost, progress, and
performance of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state and local laws
regulations that may affect cost, progress, and performance of the Work.
D. Bidder has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been
identified in the Supplementary Conditions as provided in paragraph 4.02 of
the General Conditions. and (2) reports and drawings of a Hazardous
Environmental Condition, if any, which has been identified in the
Supplementary Conditions as provided in paragraph 4.06 of the General
Conditions.
E. Bidder has obtained and carefully studied (or assumes responsibility for
having done so) all additional or supplementary examinations, investigations,
explorations, tests, studies and data concerning conditions (surface, subsurface
and Underground Facilities) at or contiguous to the Site which may affect
cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures to be employed by
Bidder, including applying the specific means, methods, techniques,
sequences, and procedures of construction expressly required by the Bidding
Documents to be employed by Bidder, and safety precautions and programs
incident thereto.
F. Bidder does not consider that nay further examinations, investigations,
explorations, test, studies, or data are necessary for the determination of this
Bid or performance of the Work at the price(s) bid and within the times and in
accordance with the other terms and conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by OWNER
and others at the Site that relates to the Work as indicated in the Bidding
Documents.
H. Bidder has correlated the information known to Bidder, information and
observations obtained from visits to the Site, reports and drawings identified
in the Bidding Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Bidding Documents.
I. Bidder has given ENGINEER written notice of all conflicts, error,
ambiguities, or discrepancies that Bidder has discovered in the Bidding
Documents, and the written resolution thereof by ENGINEER is acceptable to
Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work for
which this Bid is submitted.
4.01
Bidder further represents that this Bid is genuine and is not made in the interest of
or on behalf of any undisclosed individual or entity and is not submitted in
conformity with any agreement or rules of any group, association, organization or
corporation; Bidder has not directly or indirectly induced, seduced or solicited any
other Bidder to submit a false or sham Bid; Bidder has not solicited, seduced or
induced any individual or entity to refrain from bidding; and Bidder has not
sought by collusion to obtain for itself any advantage over any other Bidder or
over OWNER.
5.01
Bidder will complete the Work in accordance with the Contract Documents for
the following price(s):
INTENTIONALLY LEFT BLANK
UNIT PRICE BID
BIDDER is to write the unit price in numbers in the “UNIT PRICE” column, and write
the resultant of the “ESTIMATED QUANTITY” multiplied by the “UNIT PRICE” in
numbers in the “TOTAL ESTIMATED PRICE” column. The “TOTAL BID” is to be
sum of the “TOTAL ESTIMATED PRICE” column, written both in words and numbers.
Bid Form must be completed in ink, or by typewriter. “UNIT PRICES” must be rounded
to the nearest penny (two places to the right of the decimal).
5.02
Unit Prices has been computed in accordance with paragraph 11.03.B of the
General Conditions.
5.03
Bidder acknowledges that estimated quantities are not guaranteed, and are solely
for the purpose of comparison of Bids and final payment for all Unit Price Bid
items will be based on actual quantities provided, determined as provided in the
Contract Documents.
6.01
Bidder agrees that the Work will be substantially completed and completed and
ready for final payment for all Unit Price Bid items will be based on actual
quantities provided, and determined as provided in the Contract Documents.
6.02
Bidder accepts the provisions of the Agreement as to liquidated damages in the
event of failure to complete the Work within the times specified above, which
shall be stated in the Agreement.
7.01
The following documents are attached to and made a part of this Bid:
8.01
A.
Required Bid security in the form of a certified check or bid bond;
B.
If the BIDDER claims eligibility for preference because of Wyoming
resident contractor status, certification as to being a Wyoming resident
contractor must be submitted with the bid as discussed in Article 3.01B of
the instructions to Bidders.
The terms used in this Bid with initial capital letter have the meaning indicated in
the Instructions to Bidders, the General Conditions, and Supplementary
Conditions.
SUBMITTED on ________________________________________________________.
State Contractor License No. ___________________________________. (If applicable)
If Bidder is:
An Individual
Name (typed or printed): ____________________________________________
By: _____________________________________________________________
(Individual’s signature)
Doing Business as: _________________________________________________
Business address: __________________________________________________
Phone Number: ____________________________________________________
A Partnership
By: _____________________________________________________________
(Firm Name)
________________________________________________________________
(Signature of general partner – attach evidence of authority to sign)
Business Address: _________________________________________________
________________________________________________________________
Phone No.: __________________________ Fax No.: _____________________
A Corporation
By: ______________________________________________________(SEAL)_
(Corporation Name)
_________________________________________________________________
(State of Incorporation)
By: ______________________________________________________________
(Name of person authorized to sign)
_________________________________________________________________
(Title)
(Corporate Seal)
Attest ___________________________________________________________
Business Address: _________________________________________________
________________________________________________________________
Phone No.: _______________________ Fax No.: ________________________
Date of Qualification to do business is _________________________________
A Joint Venture
By: ____________________________________________________________
(Name)
_______________________________________________________________
(Address)
By: ____________________________________________________________
(Name)
_______________________________________________________________
(Address)
Phone Number and Address for receipt of official communications.
_______________________________________________________________
(Each party in the joint venture must sign. The manner of signing for each
individual, partnership, and corporation that is a party to the joint venture should
be in the manner indicated above.
EXHIBIT A
WIGGINS FORK PIT GRAVEL CRUSHING 2015
FREMONT COUNTY GOVERNMENT
Item
Description
Quantity
Unit
Unit Cost
Total Cost
1
Mobilization, Bonds, and Insurance
1
LS
$
$
2
Stormwater Control Plans (Both Locations)
1
LS
$
$
3
Topsoil Storing (Wiggins Fork Pit)
4840
CY
$
$
4
Topsoil Placing (Wiggins Fork Pit)
2000
CY
$
$
5
Topsoil Removal & Replacement (Bitterroot Ranch)
1
LS
$
$
6
Imported Clay Binder
1500
CY
$
$
7
Gravel Crushing
30,000
CY
$
$
8
4" Minus Crushed Pit-Run
1,000
CY
$
$
9
Water
840
MG
$
$
10
Gradation Tests
30
EA
$
$
11
Seeding
2.8
Acre
$
$
12
Fertilizer (Type I )
2.8
Acre
$
$
13
Dry Mulch (Wiggins Fork Pit only - 2.5 Acre)
4
Ton
$
$
14
Erosion Control Mat (Bitterroot Ranch)
1400
SY
$
$
15
Field Laboratory
1
LS
$
$
TOTAL BASE BID
TOTAL OF BASE BID IN WORDS
$