HomeMy WebLinkAbout40-80 RESOLUTION•
RESOLUTION NO. 4o -SD
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE CONTRACTS WITH FRASER CONSTRUCTION COMPANY AND
SWEETSER CONSTRUCTION COMPANY FOR THE RELOCATION OF
WATER AND SEWER LINES ALONG U.S. HIGHWAY 71 AND PORTER
ROAD.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute contracts with Fraser Construction
Company and Sweetser Construction Company for the relocation
of water and sewer lines along U.S. Highway 71 and Porter
Road. A copy of the contracts authorized for execution
hereby are attached hereto, marked Exhibits "A" and "B" and
made a part hereof.
PASSED AND APPROVED this Le — day of
CITY'.CLERK
APPROVED:
, 1980.
MICROFILMED
CERTIFICATE OF RECORD
State of Arkansas
City of Fayetteville
SS
1, Bonnie Goering, City Clerk and Ex -Officio
recorder for the City of Fayetteville, do here-
by certify that the annexed or foregoing is
of record i:t my office and the same ap-
pears in Ordinance f.4 Resolution book
hast page— Witness my
cj sc 1 this
L 1 -----C4— =—day of
]9 GP
Ci
4
SPECIFICATIONS
FOR
HWY 71 BYPASS & PORTER RD INTERCHANGE - SEWER RELOCATION
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WORK ORDER # 2633
MARCH 1980
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSk
CITY ENGINEERS' OFFIC.'
5 cs—'7o
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INDEX
ADVERTISEMENT FOR BIDS
BID BOND
PROPOSAL FOR SCHEDULE I
ARKANSAS PERFORMANCE AND PAYMENT BOND
CONTRACT AGREEMENT
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS OF THE SPECIFICATIONS
DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS
DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS
DETAILED SPECIFICATIONS PART III MATERIALS
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PAGE N^.
PAGE NO.
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33
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UNITED STATES FIDELV-`�: ARANTY COMPANY
We
o,
_;ae t
(A Stec Company)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
Jerry D. Sweetser, Inc.r FaxettevilleA AR
as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a
corporation organized and existing under the laws of the State of Maryland and authorized to do business in the
State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto pity of
as Obligee, hereinafter called Owner, in +he amount of....hlitte,...T.b.Q.U.Santh.sQfe...buxu zad....t fl ty...
.S.eL..eXl...1 IQp L,�.�27 ...4Fl, 5....r5.Q.l:�,.Q.Q.r.n..e..a.A.r..r..r..r.
Dollars jb..../..6..[..r.Q..........), for the payment whereof Principal and Surety bind themselves, their heirs,
personal representatives, successors and assigns, jointly and severally, firmly by these presents.
Principal has by written agreement dated May 20, 198 entered into a contract
withOwnerfor furnishing all labor and material for the construction of
Highway 71 Bypass &Porter Road Interchange sewer relocation for the
City of Fayetteville, AR in accordance with plans and specifications
prepared by City Engineer.
, which contract h by reference made a part hereof, and h
hereinafter referred to as the Contract.
THE CONDITION OF THIS OBLIGATION is such that 0 the Principal shall faithfully perform the
Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he
may suffer by reason of failure so to do and shall fully reimburse and repay +he Owner all outlay and expense
which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons
all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons
shall have a direct right of action against the Principal and Surety, jointly and severally, under' this obligation,
subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force
and effect.
No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action
or proceeding shall be brought on This bond except by the Owner after six months from the date final payment
is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years
from the date on which the final payment under the Contract falls due.
Any alterations which may be made in the terms of the Contract, or in the work to be done under it,
or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance
on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the
Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their
liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being
hereby waived.
In no event shall the aggregate liability of +he Surety exceed the sum set out herein.
Executed on this 29th day of May 19 80
etarys,
. .�%�-
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J:.r..Y 1..
U
By
rescie
STATES FI
cipal
ELITY AND GUARANTY COMPANY,
Surety
—,1
AttoTh n-fccf'
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By. ..
Neil Danner
icca
tc
Czal
Contract 158 (Arkansas) (1047)
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COPY OF RESOLUTION
1
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore, lie it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice.
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal. to appoint any person or persona
as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act. to execute and deliver any and all con•
tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings. required or permitted in all actions or proceedings, or
by law allowed, and
Also, in its name and as its attorney or attorneys•in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by Lw,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest,
municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same.
I, David M. Engler , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is • fall, true and correct copy of the original power of attorney given
by said Company to
Neil Danner
of Fayetteville, Arkansas , authorizing and empowering hits to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directon of said Company, duly called and held at the office of the Company in the City of Baltimore, on the lith day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY -on
(Date) May 20, 1980
Assistant Secretary.
tE-
ADVERTISEMENT FOR BIDS
Project No. W.O
2633
City of Fayetteville, Arkansas
(Owner)
Separate sealed bids for Hwy 71 Bypass & Porter Rd Interchange -
Sewer Relocation will be received by Sturman Mackey
at the office of Purchasing and Budgeting
until 10.00 o'clock (A.M.-RRA g' S.T. D.S.T.) April 15
19 80, and then at said office publicly opened and read aloud
The Information for Bidders, Form of Bid, Form of Contract, Plans,
Specifications, and Forms of Bid Bond, Performance and Payment Bond, and
other contract documents may be examined at the fol -lowing:
City Engineer's Office, City Administration Building,
109 West Mountain Street, Fayetteville, Arkansas
Copies may be obtained at the office of
City Engineer
located at City Admininstration Bldg. upon payment of $ 10.00
for each set.
The owner reserves the right to waive any informalities or to reject
any or all bids.
Each bidder must deposit with his bid, security in the amount, form
and subject to the conditions provided in the Information for Bidders.
Attention of bidders is particularly called to the requirements as
to conditions of employment to be observed and minimum wage rates to be
paid under the contract.
No bidder may withdraw his bid within 30 days after the actual date
of the opening thereof.
(Date)
1
Sturman Mackey, Purchasing & d ge
ting Officer
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are hereby held
and firmly bound unto as owner
in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly
and severally bind ourselves, our heirs, executors, administrators,
successors and assigns. Signed this day of
19
The condition of the above obligation is such that whereas the Principal
has submitted to
certain bid, attached hereto and hereby made a part hereof to enter into a
contract in writing, for the
a
NOW THEREFOR,
(a) If said Bid shall be rejected, or in the alternate.
(b) If said Bid shall be accepted and the Principal shall execute
and deliver a contract in the Form of Contract attached hereto
(properly completed in accordance with said Bid) and shall
furnish a bond for his faithful performance of said contract,
and for the payment of all persons performing labor or
furnishing materials in connection therewith, and shall in
all other respects perform the agreement created by the
acceptance of said Bid.
then this obligation shall be void, otherwise the same shall remain in
force and effect; it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of the obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that
the obligations of said Surety and its bond shall be in no way impaired
or affected by any extension of the time within which the Owner may
accept such Bid; and said Surety does hereby waive notice of any such
extension.
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IN WITNESS WHEREOF, the Principal and the Surety have hereunto
set their hands and seals, and such of them as are corporations have
caused their corporate seals to be hereto affixed and these presents
to be signed by their proper officers, the day and year first set
forth above.
Principal
Surety
SEAL BY:
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PROPOSAL FOR SCHEDULE I
(A UNIT PRICE CONTRACT)
Place
Date
1i9 7etre vi IIP P,
Proposal of e .Q D Sw P P S ,e e
a corporation* organized and existing under the laws of the State of
, and qualified to do business in the State of Arkansas;
a Partnership* consisting of -
an Individual* trading as
TO THE CITY OF FAYETTEVIT.T.F, ARKANSAS:
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The bidder in compliance with your invitation for bids for the
construction of Hwy 71 Bypass & Porter Rd Interchange - Sewer Relocation
having examined
the Plans and Specifications with related documents and the site of the pro-
posed work, and being familiar with all the conditions surrounding the work,
including the availability of materials and labor, hereby proposes to furnish
all labor, material, and supplies required to be furnished, and to construct
the project in accordance with the Contract Documents, and at the unit prices
stated below. These prices are to cover all expenses incurred in performing
the work required under the Contract Documents, of which this proposal is a
part.
Bidder hereby agrees to commence work under this contract on a date to
be specified in a written "Word Order" of the Engineer, and to fully complete
the project within 20 consecutive calendar days.
Bidder acknowledges receipt of the following addenda:
* Fill out applicable blank
4
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MIE
ITEM
NO.
ESTIMATED QUANTITY
AND DESCRIPTION
*(1) 485 L.F.'of 10" D.I.P. Class 50
(2) 130 Tons SB2
UNIT**
PRICE
Q/J TOTAL
didozfrt
Dolla
Ou /LC 57J s S/ Ye)
o.
(3) 4 C.Y. Class A Concrete
Dollars
s /d"O d $ /3040,6
$ g•c/D $ 3 a,Ud
9%.ce>, JS •
TOTAL $
ottaAL iZ;M te.,„S)
y`40414:11
:r l Zo
1-.
- �'- V
tot
*NOTE: Fittings, bedding SB -2, and solid rock excavation shall ail je�fluined
in the unit price of pipe. E.= "':1- =.
**Unit prices to be shown in words and figures. In case o61disc2epan�cey/amount
shown in words will govern. �'�yt)i i1:..13% �� '
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** Unit prices to be shown in words and figures.
shown in words will govern.
The above unit prices shall
overhead, profit, insurance, etc
kinds called for.
In case of discrepancy amount
include all labor, materials, bailing, shoring,
., to cover the finished work of the several
Bidder understands that the Owner reserves the right to reject any or all
bids and to waive any informalities in the bidding.
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, bidder
will execute the formal contract attached within ten (10) days and deliver
the Surety Bond or Bonds as required by Paragraph 8 of t Geral Conditions.
The bid security attached in the sum of Sp
is to become the property of the Owner in th�even 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 thereby.
Respectfully Submitted:
E tY D , set"ed
By
SEAL - -if bid is by a corporation
p 86)7),?
1;49'er-re✓1/I(
(Busine s Address and zip ode)
6
Am-
77 7o)
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ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE, PRESENTS: • That we (1)
a (2) , hereinafter called "Principal" and
(3) of , State of
hereinafter called the "Surety", are held and
firmly bound unto (4) , hereinafter called
"Owner" in the penal sum of dollars ($
in lawful money of the United States, for the payment of which sum well
and truly to be made, said principals and Surety bind themselves, their
heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract with the Owner, daCed the
day of , 19 , a copy of which is attached and made a part
hereof for the construction of:
NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform
its duties, all the undertakings, covenants, terms, conditions, and agree-
ment of said contract during the original term thereof, and any extensions
thereof which may be granted by the Owner, with or without notice to the
Surety, and if he shall satisfy all claims and demands incurred under such
contract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which the Owner
may incur in making good any default, and shall promptly make payment to all
persons, firms, subcontractors and corporations furnishing material for or
performing labor in the prosecution of the work provided for in such contract,
any any authorized extension or modification thereof, all amounts due for,
but not limited to, materials, lubricants, oil, gasoline, coal and coke,
repair on machinery, equipment and tools consumed or used in connection with
the construction of said work, fuel oil, camp equipment, food for men, feed
for animals, premium for bonds and liability and workmen's compensation
insurance, rentals on machinery, equipment and draft animals; also for taxes
or payments due the State of Arkansas or any political subdivisions thereof
which shall have arisen on account of, or in connection with, the wages
earned by workmen covered by the bond; and for all labor performed in such
work whether by subcontractor or otherwise, then this obligation shall be
void, otherwise to remain in full force and effect.
7
The -Eurety` agrees the terms of this bond shall cover the payment by
the principal of not less than the prevailing hourly rate of wages as
determined by the Arkansas Department of Labor or U. S. Secretary of
Labor, whichever is greater, to all workmen performing work under the
contract.
PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alternation,
or addition to the terms of the contract or to the work to be performed
thereunder of the specifications accompanying the same, shall in any wise
affect its obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the
contract as to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts,
each of which shall be deemed an original, this day of
, 19 .
ATTEST:
•
(PRINCIPAL)
BY
SECRETARY (PRINCIPAL) (TITLE)
(SEAL)
(ADDRESS)
WITNESS AS TO PRINCIPAL (SURETY)
BY
ADDRESS ATTORNEY-IN-FACT
ATTEST:
SECRETARY (SURETY)
(SEAL)
WITNESS AS TO ATTORNEY-IN-FACT
ADDRESS
ADDRESS
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, a Partnership, or an individual, as case may be
(3) Correct name of Surety
(4) Correct name of Owner
(5) If Contractor is Partnership, all partners shall execute bond
(6) This bond must be filed with the Circuit Court of the County
where the work is to be performed, prior to the start of const-
ruction -
(7) Must be executed by Arkansas Local Resident Agency for Surety
•
• CONTRACT AGREEMENT
1. This Contract and Agreement, made and entered into this
20th day of May , 19 80, by and between the City of
Fayetteville, Arkansas, Party of the First Part, acting through its'
duly authorized representative, and Jerry D. Sweetser, Inc.
Party of the Second Part:
WITNESSETH:
That for and in consideration of the payments to be made as
hereinafter set forth, the Party of the Second Part hereby agrees to
furnish all tools, labor, equipment, materials, and supplies required
to be furnished and to construct the improvements designated as Hwy 71
Bypass and Porter Road Sewer Relocation for the City of Fayetteville,
Arkansas, in exact accordance the Plans on file at the office of
the Party of the First Part, and Specifications, Proposals, Stipulations,
and Special Provisions attached hereto and made a part hereof as fully
as though copied herein, under the direct supervision and to the entire
satisfaction of the Party of the First Part and in accordance with the
laws of the State of Arkansas.
2. It is further agreed and understood by and between the parties
hereunto that the Party of the First Part agrees to pay and the Party of
the Second Part agrees to accept as full and final compensation for all
work done under this agreement, the unit prices named in the Proposal
which is hereto attached, such payment to be made in lawful money of the
United States, at the time and in the manner set forth in the Specifications.
3. The Party of the Second Part agrees, for the consideration
above expressed, to begin and complete the work within the time specified
in the Proposal. If the Party of the Second Part shall fail to complete
the work in the time specified, he shall pay to the Party of the First
Part, as liquidated damages, ascertained and agreed, and not in the
nature of apenalty, the amount specified in the Proposal for each day
delayed, for each Schedule delayed, which shall be deducted from the
final amount to be paid under the contract, provided that extensions of
time with waiver of liquidated damages may be granted as provided for in
the Specifications.
4. The Party of the Second Part agrees to furnish a Bond, with
an approved Surety thereon, guaranteeing the performance of this Contract,
as required by the laws of the State of Arkansas, and for not less than
one hundred (100) percent of the amount of this contract. Said Bond
shall be conditioned on full and complete performance of this Contract
and acceptance by the Water and Sewer Department for the payment of all
labor and materials entering into or incident to the proposed improvements
and shall guarantee the work against faulty workmanship or materials for
a period of one (1) year after completion. The Surety on said Bond shall
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be a Surety Company of financial resources satisfactory to the Party
of the First Part, and authorized to do business in the State of
Arkansas.
5. The Party of the Second Part agrees also to carry Public
Liability Insurance, Property Damage Insurance, and Workmen's Compensation
Insurance in amounts as required bythese Specifications.
0
WITNESS OUR HANDS THIS ,7S -ri-'‘ DAY OF
AP 42,
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CITY OF FAYETTEVILLE
,FAYETTEVILL RKANSAS
By
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WITNESS:
,a/ea/ cc 77
�. BUSINESS ADDRESS
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Affix; Corporate Se a+Lll 2(if any)
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INSTRUCTIONS TO BIDDERS
1. 9UALIFICATIONS OF CONTRACTORS:
Before submitting a bid, bidders must be licensed under the
terms of Act 150 of the 1965 Acts of the Arkansas General Assembly, and the
successful bidder must be legally qualified in all respects to do business
in the State of Arkansas.
When called upon to do so after receipt of Proposals, bidder
shall prepare a Financial Statement, Experience Record, and Equipment
Schedule. These statements shall reflect the current status of the bidder.
The statements of each bidder must show net liquid assets or credit
facilities in an amount of not less than fifteen (15) percent of the total
amount bid. Each bidder must ha -e had at least three (3) year's experience
in construction of similar improvements and must have successfully completed
at least three (3) such projects. Each bidder must have equipment available
which, in the opinion of the Engineer, is adequate to complete the work under
these Specifications in the time allowed for completion. Should any bids
be received from bidders whose statement, when filed, fail to show that the
bidder's qualifications meet the minimum requirements above -enumerated,
such bids may be rejected.
2. LOCAL CONDITIONS:
Bidders shall read the Specifications, examine the Plans, and
make their own estimates of the existing facilities and the difficulties
which will attend the execution of the work called for by the proposed
Contract, including local conditions, uncertainty of weather, and all other
contingencies. Bidders shall satisfy themselves by personal examination of
the location of the proposed work, and by such means as they may choose, as
to actual conditions and requirements. Information derived from the Plans
and Specifications or from the Engineer or his assistants shall not relieve
the bidder of this responsibility.
3. PROPOSAL GUARANTEES:
Proposals must be accompanied by either a certified or cashier's
check, drawn on a National Bank or a bank having membership in the Federal
Reserve System, or a Bid Bond executed by a satisfactory Surety. The proposal
guarantee shall be in an amount not less than five (5) percent of the bid
and made payable to the Contracting Authority to whom the Proposal is made.
A lesser amount will not be accepted.
The proposal guarantee, or other bid qualifications, shall be sealed
in a separate envelope firmly attached to the outside of the sealed Proposal.
The outer envelope shall be opened first, and if the documents are not found
to be in order, the sealed Proposal shall be returned to the bidder unopened.
The amount of any check or bond shall be retained by the Contracting
Authority as liquidated damages in case the bidder neglects or refuses to
enter into a contract and to furnish the required contract bond within ten
(10) days after the prescribed contract and bond forms are presented for
signature.
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Checks of unsuccessful bidders will be returned immediately after
• a contract has been executed.
PROPOSALS:
(a) Proposals shall be strictly in'accord with the prescribed
forms, furnished with the Specifications. Any modifications or deviations
therefrom may be considered sufficient cause for rejection.
(b) The bidder shall state in words and figures the lump sum and
unit prices for which he proposes to do each item of work covered by the
Proposal. In case words and figures do not agree, the words shall govern
and the figures shall be disregarded.
(c) It is to be understood that the lump sum required in the
Proposal is for the furnishing of all materials required to be furnished
and the doing of all work required under these Contract Documents, including
items for which no quantities are given, and the quantities given in the
"List of Variable Quantities" at the end of the Proposal. The "Unit Prices
for Variation of Quantities" required are for adjustment of the "Basic
Bid" by reason of variation of actual variable quantities from the quantities
given in the "List of Variable Quantities". In case unit prices are not
required, it is to be understood that the lump sum required in the Proposal
is for the furnishing of all materials required to be furnished and the
doing of all work required under these Contract Documents.
(d) Proposals may be submitted for any or all Schedules, if
more than one Schedule is included in the work, but bidders submitting a
proposal for a "construction" Schedule must submit a proposal for any other
Schedule of work incident thereto, such as "Electrical" and "Plumbing".
Where a bidder bids on more than one Schedule and desires to accept the
proposal, but any reservation on the part of the bidder to make a decision
on what Schedules he will accept after bids are opened will render the bid
null and void. -
(e) Proposals must be signed, in writing, by an individual
authorized to bind the bidder.
(f) Proposals must be submitted complete, with all other Contract
Documents in their original binding as furnished by the Engineer. They
must be submitted at the place and on or before the time specified in the
Advertisement for Bids.
(g) Proposals must be submitted in sealed envelopes addressed
to the Contracting authority, and clearly marked on the outside of the
envelope, "Proposal for Construction Contract" to be opened at (date and
time). The Bidder's current Arkansas Contractor's license number must be
marked on the envelope.
(h) The Contracting Authority will not consider bids covering
only a portion of these Specifications.
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(i) The unbalancing of bids will not be tolerated. Evidence of
material unbalancing will be considered cause for rejection.
5. MODIFICATION OF BIDS:
No modification of bids already submitted will be considered
unless such modifications are received prior to the hour set for opening.
6. BID BONDS, CONTRACT BONDS, AND INSURANCE:
Attention of bidders is called to Act 82 of the 1935 Acts of the
Arkansas General Assembly, which requires that all bid bonds, performance
bonds, labor bonds, employer's liability insurance, public liability
insurance, workmen's collective insurance, and property damage insurance
must be secured through resident agents of Arkansas.
7. CLARIFICATION OF CONTRACT DOCUMENTS:
If any person contemplating submitting a bid for the proposed
contract is in doubt as to the true meaning of any part of the Plans,
Specifications, or other proposed Contract Documents, he may submit to the
Engineer a written request for any interpretation thereof. The person
submitting the request will be responsible for its prompt delivery. Any
interpretation of the proposed Documents will be made only by an Addendum
duly issued, and a copy of such Addendum will be mailed to each person who
has previously secured or who subsequently secures a set of Documents The
Contracting Authority will not be responsible for any other explanations
or interpretations of the proposed Documents.
8. EXECUTION OF CONTRACT DOCUMENTS:
Following the award and within ten (10) days, provided for in the
Proposal, the successful bidder shall properly execute five (5) counterparts
of the Contract Documents
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9. BASIS OF AWARD:
Bids will be considered on the basis of the total bid price or
prices given in the Proposal. In the event Unit Prices are required they
will not be considered except that evidence of serious unbalancing of the
Unit Prices shall be considered cause for rejection of bids.
The Contract(s) will be awarded to the bidder (or bidders in the
case of more than one Schedule of Work) submitting the lowest and best bid
(or combination of bids), considering the contractor's experience and
ability to do the work, and the character and quality of the equipment
he proposes to furnish. The Contracting Authority reserves the right to
select such bids or combination of bids which in its opinion would serve
its interest best.
The Contracting Authority reserves the right to select between
any Alternatives in the Proposal.
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