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HomeMy WebLinkAbout163-90 RESOLUTIONRESOLUTION N0. 761-9n t A RESOLUTION APPROVING THE CONTRACT AND ADDENDUM NO. 1 TO THE 1990 CHIP AND SEAL PROJECT CONTRACT WITH MCCLINTON-ANCHOR, A DIVISION OF APAC-ARKANSAS. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute the contract and the Addendum No. 1 to the contract between the City of Fayetteville and McClinton -Anchor, a division of APAC-Arkansas in the amount not to exceed $372,890. A copy of the contract & addendum to the contract authorized for execution hereby are attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Board of Directors hereby approves the budget adjustment for the project in the amount of $222,890 from the Contract Services -STD Asphalt Overlay Account into Contract Services -Chip Seal Account. A copy of the budget adjustment approved for execution is hereby attached hereto marked Exhibit "B" and made a part hereof. =ATTEST: PASSED AND APPROVED this 16th day of October City C • • APPROVED: 1990. By: ded 4;t/ Mayor r BUDGET CCORDII:ATOR 1IOI032I I0 I N3w.2IV d30 :AR 03IS3nb3N a 1-3 a H m H m 1°0: XINO 3sn 3DIdd0 I30W1U N 4,117 arAveld no 0 a .. 0 < z c. cn > 0 o Q z H .Q t vJ N 0 0 z ssio Nawwn& IND() 4- 0 n 0 O C z H rH r N tT3 1 f IN3N.LUVd30 03IS3nb3a 3.LVU .0 H z ro HOIIVw2IOdNI INDODDV z I0 IsBnb3N IH00nq N 1. • • t E-270 CHIP AND'SEAL STREET IMPROVEMENTS .1 FOR FAYETTEVILLE CITY STREETS PROJECT No. :E-270 CITY OF FAYETTEVILLE,ARKANSAS BID No. 90-54 OCTOBER, 1990 CITY OF FAYETTEVILLE: PUBLIC WORKS/TRANSPORTATION ;SUPERVISOR: ENGINEER: Q ADDRESS: TELEPHONE: David Cox Don Bunn 113 W. MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 (501) 521-7700 MILHOLLAND COMPANY Engineering & Surveying 205 West Center Street Fayetteville, Arkansas 72701 Telephone: (5011 443-4724 1 1 1 1 1 1 1 1 1 1 1 =1 1 1 1 1 • ADVERTISEMENT FOR BIDS Noticelis hereby given that pursuant to an order by the CITY OF FAYETTEVILLE, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 10:30 a.m. Local Time, October 3, 1990, for the furnishing of all tools, materials, and labor and the performance o f allynecessary work in Fayetteville, Arkansas, consisting of: BID No. 90-54 CHIP AND SEAL STREET IMPROVEMENTS PROJECT No. E-270 All necessary work, materials, and every item of construction shall be in accordance with the plans, profiles, and specifica- tions as approved by Public Works Department, City of Fayette- ✓ ille,',and Health Department. Said plans and specifications are on file in the office of the Engineer, MILHOLLAND COMPANY, Engi- neering and Surveying, 205 West Center, Fayetteville, AR 72701. Copies may be obtained from the office of said engineer uponthe payment of $150.00 dollars. Unsuccessful bidders or non -bidders will be refunded $25.00 upon the return of undamaged plans and specifications within ten (10) days after the date of receiving bids: Each contractor shall be responsible for the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves with all conditions to be encountered. All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. Each bid must be accompanied by a cashier's check or surety bond • in an amount equal to five percent (5%) of the whole bid. Said bond shall be issued by a surety company licensed to do business in the State of Arkansas. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds within ten (10) days from and after the date the award is made, the Owner shall retain said check or bond as liquidated damages. All bids shall be sealed and the envelope addressed to the Owner, CITY OF FAYETTEVILLE, PURCHASING OFFICE, CITY HALL, 113 WEST MOUNT/JIM STREET, FAYETTEVILLE, ARKANSAS, and marked on the lower left side of the bid envelope shallHbe the following information: Project name, date of bid opening, time of bid opening, bidding contractor's name and licensed number, and subcontractor's name and license number, if any. E-270 1 1 1 1 1 1 1 1 1' 1 1 1 1 1 1' ' 14 ADVERTISEMENT FOR BIDS 4 • Bids will be opened and`read aloud at the City Hall, Room No. 111, and shall be considered by the Owner, as may be necessary. The right to reject anyand all bids, to waive any informalities, and to negotiate with any qualified bidder after bid opening, shall be reserved to the discretion of the Owner. No bidder may withdraw his bid within thirty (30) days after the actual date of the bid opening. E-270 2 1 1 1 1 1 1 1 1 1 =1 1 1 1 1 1 1 1 • 1 1 • • INFORMATION FOR BIDDERS Receipt and Opening of Bids: the City of Fayetteville, Arkansas, (herein called the "Owner"), invites bids on the form attached hereon, all blanks of which must be appro- priately filled in. Bids will be received by the Owner at the Purchasing Office of the City of Fayetteville, until 10:30 a.m. October 3, 1990, and then be publicly opened and ✓ ead aloud. The envelopes containing the bids must be sealed, addressed to the Owner, c/o Milholland company, and designated as bid for CHIP AND SEAL STREET. IMPROVEMENTS FAYETTEVILLE, ARKANSAS PROJECT NO. 90-54 The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive an informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid ✓ eceived after the time and date specified shall not be considered. No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. The Owner. reserves the right to decide which shall be deemed the lowest responsive and responsible bid. The bidder's reputa- t ion, financial ability, experience, and equipment shall be g iven due consideration. 2. Preparation of Bid: Each bid must be submitted on the pre- scribed form and accompanied by a performance record of the bidder regarding construction projects of similar nature (minimum 3) and also include the proposed subcontractor. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing performance record must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the names and license numbers of the bidder and the proposed subcontractor, addresses, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. E-270 1 INFORMATION FOR BIDDERS The. Engineer's estimate of quantities is approximate only, and shall be. the basis for receiving unit price bids for e ach item but shallnot be construed by the bidders as act- ualquantities required for the completion of the proposed work. Such quantities, however,' at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of bids and the evaluation of the best bid for the purpose of awarding of the contract, and will be used as a basis for fixing the amount of the required bonds. A copy of the project's,proposal' forms may be obtained as provided in the Advertisement for Bids. All papers bound with or attached to the proposal forms are necessary parts thereof and must not be detached. B ids which are incomplete, unbalanced, conditional, or o bscure, or which contain additions not called for, era- sures, alterations or irregularities of any kind, or which do not comply with the Information for Bidders may be rejec- ted as informal at the option of the Owner. However, the Owner'reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the. hest interest of:the Owner. Unit Price Bids: Bidders shall insert a unit price for each item of work listed in the Engineer's estimate of quantities o f 'work to be done. Unit prices shall include amounts suf- ficient for the furnishing of all labor, materials, tools, e quipment, and apparatus of every description, to construct, e rect, and completely finish all of the work as called for in the specifications and shown 'in the plans. Unit prices bid' and totals shown in the Proposal shall include all costs o f material testing,.subgrade, base, paving materials, and all other construction materials. The price bid for each item must be stated in figures and in words on the bidding forms. In case of a. difference 'in the written •words and fij ures in a Proposal, the amount stated in the written words shall govern. All items in the Proposal shall bear a fair relationship to thecast of the work'to be done. Bids which appear unbal- anced and deemed not to be in the best interest of the Owner may be rejected at the discretion of the Engineer and/or the Owner. E-270 2 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 1 1 INFORMATION FOR `•BIDDERS Subcontracts: The bidder is specifically advised that any person, firm, or other party to'whom it is proposed to award a subcontract under this contract - a. Must be acceptable to the Owner after verification by the Engineer of a good current performance record; b. Must be licensed:in the State of Arkansas to do con- struction work; c. Must have previously performed local projects of similar nature and type as the proposed project in a profes- sional and satisfactory manner. Approval of the proposed subcontract award cannot be given by:the Owner unless and until the proposed subcontractor has submitted the evidence showing that it has fully complied with all reporting requirements, to which it is or was subject. The general contractor will be required to furnish the names o f subcontractors and the amounts of their subcontracts as ✓ equired by Act 183, Arkansas Acts of 1957. The subcontrac- tor's name and license number shall appear on the outside of the sealed envelope.' Subcontractors must be licensed accor- d ing to the laws of the State of Arkansas. 4. State Licensing Laws: Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts o f 1965, the "Arkansas State Licensing Law for Contractors". B idders who submit proposals in;excess of $10,000.00 must submit evidence of their having :.a contractor's license before their bids will be considered, and shall note their license number on the outside of the proposal. 5. Telegraphic Modification: Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time, and provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was:mailed prior to the closing t ime. The telegraphic communication should not reveal the bid price but should. provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. E-270 3 1 INFORMATION FOR BIDDERS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6. Method of Biddinq: The Owner invites the following bid(s): CHIP AND SEAL STREET IMPROVEMENTS FAYETTEVILLE, ARKANSAS PROJECT NO. 90-54 7. Qualifications of Bidder: The Owner may make such investi- gations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The=Owner reserves the right to reject any bid if the evidence; submitted by, or investiga- tion of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. Each bidder, if requested to do so by either the Owner or the Engineer, shall' furnish satisfactory evidence of his competency to perform the work contemplated. The Owner reserves the right to reject a'bid if the bidder has not submitted, upon request, a statement of his qualifications prior to the date of the opening of bids. The Contractor shall not assign or sublet all or any part of this contract without the prior written approval of the Owner nor shall the contractor, allow such subcontractor to commence work until' he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the contractor from any of his obligations as set out in the plans, specifications, con- tract, and bonds. Before any contract 1s awarded, the bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the work, together with samples, which may be subjected to the tests provided for in these specifications to determine their quality and fitness for the work. E-270 4 1 1 1 1 1 ;1 1 1 1 1 1 1 1 1 1 1 1 1 • INFORMATION FOR BIDDERS 8. Bid Security: Each bid must be accompanied by cash, certi- fied check of the bidder, or a bid bond prepared on the form o f bid bond attached hereto duly executed by the bidder as principal and having as surety'thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks, or bid bonds will be returned to all except the three lowest bidders within three days after the opening o f bids, and the remaining cash, checks, or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. 9. Liquidated Damages .for Failure to Enter into Contract: The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal,, the security deposited with his bid. 10. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project with 60 consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of. $250.00 for each consecutive calendar day thereafter as hereinafter provided in the General Condi- tions. When inclement weather prohibits proper Construction Procedures and/or quality, the;proiect construction shall be shut down until proper weather conditions permit, at which time a "Notice -To -Proceed" will be issued by the Engineer. 11. Conditions of Work: Each bidder must inform himself fully o f the conditions relating to the construction of the pro- ject and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all materials and labor necessary to carry out the provisions of his contract. Insofar as possible, the con- tractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interfer- e nce with the work of any other contractor. 12. Addenda and Interpretations: No interpretation of the mean- ing of the plans, specifications or other pre-bid documents will be made to any bidder orally. E-270 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 S • INFORMATION FOR BIDDERS Every request for such interpretation should be in writing, addressed to MILHOLLAND COMPANY, Engineering & Surveying, 205 West Center, Fayetteville, AR 72701, and to be given consideration, must be received at least five (5) days prior t o the date fixed 'for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the' form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt ✓ equested to all prospective bidders (at the respective add- ✓ esses furnished. for such purposes), not later than three (3) days prior to the dated fixed for the opening of bids. Failure of any bidder to receive any such addendum or inter- pretation shall not relieve such bidder from any obligation u nder his bid as submitted. All addenda so issued shall become part of the contract documents. 13 Security for Faithful Performance: Simultaneously with his d elivery of the executed contract, the contractor shall fur- n ish a surety bond or bonds as security for faithful perfor- mance of this contract and for the payment of all persons performing labor on the project under this contract and fur- n ishing materials in connections with this contract, as spe- cified herein. The surety on such bond or bonds shall be d uly authorized by a surety company satisfactory to the Owner. 14. Power of Attorney: Attorneys-ih-Fact who sign bid bonds or contract bonds must file with each bond a certified and e ffectively dated copy of their Power of Attorney. 15. Notice of Special Conditions: Attention is particularly called to those parts of the contract documents and specifi- cations which deal with the following: a. Inspection and testing of materials. b. Insurance requirements. c. Wage rates. d . Stated allowances. E-270 6 4 • INFORMATION FORBIDDERS 16. Laws and Regulations: The bidder's attention is directed to the fact that all applicable Federal and State laws, munici- pal ordinances, and the •rules and regulations of all author- ities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be d eemed to be included in the contract the same as though herein written out in full. Applicable laws and regulations the contractor and subcontractor shall comply with and be familiar with are as follows (but not limited to): a. Wage and Labor laws. b. State unemployment compensation. e. Act 74 - Amend Act 275 of 1969 (Arkansas Statute 14-630). d . Withholding State and Federal Taxes. e . Anti -kickback Act of June 13, 1934, 40 U.S.C. 276 (c). f. Equal opportunity provisions. g . Act 125 - Arkansas Acts 1965. The contractor shall comply with; all such laws and regula- tions and any amendments or modifications made thereto and shall -include all such provisions with all subcontracts. The, contractor shall.abide by all Federal, State, and local laws governing labor. The contractor further agrees to save the Owner harmless from the payment of any contribution u nder the State Unemployment Compensations Act, and the con- tractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are ✓ equired under and by virtue of ;the provisions of said Act. Minimum wage rates shall be equal to basic rates as estab- lished by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the contract documents, the ✓ ates as specified shall be the .minimum rates which apply to the project. Whenever available, local common labor shall be used, and whenever practical, skilled and semi -skilled labor, if available, shall be used. The contractor and each subconttactor, where the contract amount exceeds 575,000.00, shall comply with the provisions o f Act 74, as amended by Act 275. of 1969 (Arkansas Statute 14-,630). The provisions are suMmarized below. E-270 t • INFORMATION FOR BIDDERS The contractor and subcontractor: shall: a. Pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Depart- ment of Labor. b. Post the scale of wages in a prominent and easily acces- sible place at the site of the work. c. Keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which ✓ ecord shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its o fficers, and agents. The Owner shall have the right to withhold from amounts due the contractor so much of accrued payments as may he considered necessary to pay' the workmen employed by the contractor or any subcontractor, the difference between the rates of wages required .by this contract and the ✓ ates of wages received by such workmen. If it is found that any workman 'employed by the contractor o r a subcontractor has been or is being paid a rate of wages less than the rate of wages required by this contract, the Owner may, by written notice to the contractor, terminate h is right to proceed with the work or such part of the work as to which there has been a failure to pay the required wages and to prosecute the work to completion by contract or o therwise, and the contractor and his sureties shall be liable for any excess costs occasioned thereby. Thecontractor shalldeduct and .withhold Arkansas income taxes, as required by Arkansas law, from wages paid to e mployees, whether such employees are residents or nonresi- d ents of Arkansas. When provided for in the specifications, the contractor shall comply with the regulations of the Secretary of Labor made pursuant to the Anti -kickback Act of June 13, 1934, 40 U .S.C. 276(c), and any amendments or modifications made t hereto and shall see that such'provisions are included in all subcontracts. A copy of such provisions is included hereinafter in these specifications. E-270 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • INFORMATION FOR' BIDDERS Where Federal funds are used to .pay a portion of the cost of a project, the prospective bidder will be required to comply with the provisions of Title VI 'of the Civil Rights. Act of 1964 and Executive Orders 11246 and 11375, and, where appli- cable, shall include such provisions in subcontracts or pur- chase orders. Further, certain; construction contracts are subject to compliance with Minority Business Enterprise requirements. Where provided for In the specifications, the contractor, as a part of his bid,, shall complete forms rela- tive to compliance, or participation with the above. The attention of all bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for pay- ment for certain taxes on materi'als and equipment brought into the state. It further provides for methods of collect- ing said taxes. All provisions :of the act will be complied with under this contract. 17. Insurance: During the life of this contract, the successful bidder shall carry insurance as hereinafter set out. Also, he shall require all of his.subcontractors to carry insur- ance as outlined below, in case they are not protected by the. policies carried°by the prime contractor. Insurance companies underwriting the required insurance shall be licensed in the State of Arkansas. Insurance is to be approved by the Owner. If any insurance contracted for becomes unsatisfactory or unacceptable to the Owner after the acceptance and approval thereof, the con- tractor shall promptly, upon being notified to that effect, execute and furnish acceptable insurance in the amounts herein specified. Upon presentation of acceptable insur- ance, the unsatisfactory insurance may be canceled at the discretion of the contractor. The, contractor shall have his resident insurance agent sub- mit to the Owner,through the Engineer, a schedule of insur- ance policies proposed to be furnished, which shall be approved before certificates of insurance and/or policies are issued. once the Owner hasconcurredin the proposal of insurance coverage, the contractor shall then furnish to the Engineer, in the name of the Owner, certificates of insur- ance for the following: E-270 9 1 1 1 1 1 1 1 1 1 i i 1 1 1 1i 1 1 t. • INFORMATION FOR .BIDDERS a. Workmen's Compensation: Wor.kmen's Compensation, as ✓ equired by the laws of the :state in which the work Is being done, shall be furnished. In case any hazardous occupations are required for the execution of the work which are not covered by the above insurance, special e mployer's liability policies shall be obtained to cover workmen engaged in such hazardous occupations. b. Contractor's Public Liability Insurance and Property Damage Insurance: This insurance shall provide bodily injury of. $100,000.00• -for each person and $500,000.00 for each accident, and property damage of $500,000.00 for each accident. This insurance shall be endorsed to cover explosion, collapse and underground hazards, and blasting. Motor Vehicle Public Liability and Property Damage Insurance: This policy sha11 provide bodily injury of $100,000.00 for each person and $500,000.00 for each accident; and property damage of $500,000.00 for each accident. Owner's and Engineer's Contingent Protective Liability Insurance: The contractor shall indemnify and save harmless the Owner and Engineer from and against all losses and claims, demands, 'payments, suits, actions, ✓ ecoveries, and judgments of every nature and descrip- tion brought or recovered against them by reason of the work, in the guarding of it, and construction staking. The contractor shall obtain'in the name of the Owner and Engineer (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $500,000.00 property damage and $100,000.00 bodily injury limits, and with such pro- ✓ isions as will protect the!Owner and Engineer from con- tingent liability under this contract. e Builder's Risk Insurance: [ 1 Optional [ ) Required The contractor shall procure and maintain, during the life of the contract, builder's risk insurance (fire, lightning, extended coverage, vandalism, and malicious mischief) on the. insurable portion of the project on a 100% completed value basis against damage to the equip- ment, structure; or material. The contractor, his sub - :contractors, and the Owner shall (as their interests may appear) be named as the insured. E-270 10 • 9• INFORMATION FOR :BIDDERS All -Risk. Floater Insurance:: Until the project is com- pleted and is accepted by the Owner, the contractor is required to maintain an all -'risk installation floater policy. The contractor shall submit:to the Owner written evi- dence of insurance upon the entire work at the site to the full insurable value thereof, including the inter- ests of the Owner, the contractor, the subcontractors, and any others with an insurable interest. The'policy shall insure against,all risk of physical damage except as modified by the contract documents and subject to the normal all-risk exclusions. The policy, by its own terms or by endorsement, shall specifically permit par- tial or beneficial occupancy. prior to the completion or acceptance of the entire work. Other Insurance: The contractor is to protect the Owner against all loss during the course of the contract. If, due to the nature of the project, insurance coverage other than that specified above is needed by the con- tractor to protect the Owner' against all losses, the contractor is responsible for determining the type of insurance needed and purchasing same. 18. Pd formance Bond and Payment Bond: The contractor shall furnish both a surety performance bond and a payment bond, e ach equal to one hundred percent (100%) of the contract price. The performance bond and payment bond shall be two t otally separate bonds and shall bear two different bond n umbers. The contractor is to pay all expenses in connection with the o btaining of said bonds.. The bonds shall be conditioned that the contractor shall faithfully perform the contract, and shall pay all indebtedness for labor and materials fur- n ished or performed in the construction and installation of such alterations and additions as prescribed in this con- t ract. In Arkansas, prevailing law requires that performance and payment bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Com- missioner to represent the surety company executing said bonds, and filing with such bonds his power of attorney as h is authority. The mere countersigning of the bonds will n ot' be sufficient. E-270 11 INFORMATION FOR iBIDDERS The date of the bonds, and of the power of attorney, must n ot be prior to the date of the ;contract. At least six copies of the bonds shall be furnished, each with power of attorney attached. 19. Method of Award - Lowest Qualified Bidder: If at the time t his contract is to be awarded, the lowest base bid submit- ted' by a responsible. bidder does not exceed the amount of funds then established by the Owner as available to finance the contract, the contract will be awarded ori the base bid o nly. If such bid exceeds such ;amount,' the Owner may reject all bids or may award the contract on the base bid combined w ith such deductible alternates ,applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. 20. Obligation of Bidder: At the ttme of the opening of bids, e ach bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and, contract. documents (including all addenda). The failure o r omission of any bidder to examine any form, instrument or document, shall in no way relieve any bidder from any obli- gation in respect to his bid. 21. Safety Standards and Accident Prevention: With respect to all work performed under this contract, the contractor shall: a. Comply with the safety standards provisions of applica- ble laws, building and construction codes, and the "Man- ual of Accident Prevention in Construction" published by the Associated General Contractors of America, the ✓ equirements of the Occupational.Safety and Health Act o f 1970 (Public Law 91-596). b. Exercise every precaution at. all times for the preven- tion of accidents and the protection of persons (inclu- d ing employees) and property. c Maintain at his office or other well-known place at the job site, all articles necessary for giving first-aid to the injured, and'shall make standing arrangements for t he immediate removal to a hospital or a doctor's care o f persons (including employees) who may be injured on the job site. In no case shall employees be permitted to work at a job site before. the employer has made a standing arrangement for removal of injured persons to a h ospital or a doctor's care.: E-270 12 i r 1 1 1. :.1 1 1 .1 1 1 A.I.A. Document No`A-310 (Febru{{iary 1970 Ed.) P I Sedgwick James Sedgwick James of Arkansas, Inc. 900 S Shackleford Road, Suite 600, PO Box 51 , Little Rock, Arkansas 72 203-0 511 Telephone (501) 223-3111. Telex 536249. Facsimile (501) 223-8461 •BIDI BOND 1 • KNOW ALL MEN BY THESE PRESENTS, that we, APAC-ARKANSAS, INC. , McCLINTON-ANCHOR DIVISION as Principal; hereinafter called the Principal, and INSURANCE. COMPANY OF NORTH AMERICA I acorporation duly organized under the laws of the State of PENNSYLVANIA as Surety, hereinafter called the Surety, are -held and firmly bobnd unto City of Fayetteville ) '113 West Mountain Fayetteville, Arkansas as Obligee, hereinafter called the Obligee, in the sum of .. -.' Five Percent of the aaiount'of.bid Dollars($ 5% for the payment of which sum well and truly to be made, the said -Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Chip and Seal Street Improvements NOW, THEREFORE, it the Obligee shall accept the bid of the Principal. and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and mateial furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof .between the amount specified in said bid and such larger amount for which. the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd SJ -1316 B APA•C-ARKANSAS, {BY: I INSURA'.CE { October .i"" r �••��"A. D. 19 90 444,-,„T I INC., McCLINTON,-:ANCHOR,.'DIV. (Principal) king 4.44.. Vice (Title) President .. -.. w COMPANY OF NORTH -AMERICA 5 (Seal) P Fran s Butler-Atariey.nfact uret ) deln-scamr 1/POWER ,WR,01-,.,1,09,' '.Q, \/ �;'.\�%% I; \..��'\\':/ �;$1i'O•'C,?`,C r p`�/;y},Ci\I •/Q.r\F:%�' 'T.ieyiric;%1%^•,'.;'•••' %.\ '' t.: . :•, /•2 .•. /; p . '•!', �'�r/,`'.:..."'/• , 4'x%S„ • ' ; mia ••;n �"''C\„ATTORNEY ':'.�'C''\'.\'ii !.�,''• .•',.•' •Wii:,••••;/:::, d>rd\\•��'`,• �i/ J\ II/.\••\•'i\f,'• •/.'\`4/T.%J • y'<.1/./'\' /'\ \' /'�.\•.r•\ir...'v/i•\JI<��'',':�'\i/n 'r \/• ",./.`.r' : 'Y.'I'li' '•\Co'/\\/ ••••r'%`\s•r %',!Id ./I \• !r.,•rg �:%/�rJ\:.:\. •• '�/•'Y,„ ,I.N.•;\/0.\„r. ••�/0 4? .\ i4 \/i 6j1s..r�ri0.••i••0 0. ;” '/'. i\• /,. 'I/ ?.'• :%/.,`Gey • \ n ,% /. 's \ ' : ,.o ..'.1 /1i; 1 1 1 Fi 1 i. 1 1 ;.i 1 1 1 1 1 1 1 1 1 1 • • • BID BOND KIQOW ALL MEN BY THESE PRESENTS that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto the CITY OF FAYETTEVILLE, 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. S igned this day of , 19 The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF FAYETTEVILLE a certain B id, attached hereto and hereby made a part hereof to enter into a contract in writing, for CONSTRUCTION OF: CHIP AND SEAL STREET IMPROVEMENTS CITY OF FAYETTEVILLE, ARKANSAS PROJECT No. 90-54 NOW THEREFORE, 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 here- to (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 fur- n ishing materials in connection therewith, and shall in all other respects perform the agreement created by the accep- tance of said Bid, then this obligation shall be void, other- wise the same shall remain in force and effect; it being e xpressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this: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.