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57-90 RESOLUTION
RESOLUTION NO. 57_90 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH DON MITCHELL TO RELOCATE THE WATER AND SEWER LINES IN THE VICINITY OF CATO SPRINGS ROAD AND THE NEW HIGHWAY 71. RE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILIE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Don Mitchell to relocate the water and sewer lines in the vic_nity of Cato Springs and the new Highway 71. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part. hereof. PASSED AND APPROVED this 17th day of April , 1093. ATTEST: By: ivtil � O�//ANtieol ty Cl r /APPROVED: Mayor Grafton, Tull & Associates, Inc. Architects & Engineers P 0 Drawer 549 / 2800 North 2nd Rogers Arkansas 72757 0549 (501) 636-48361 FAX (501) 631.6224 TO Ciy_of Fayetteville 113 West Mountain Fayetteville, AR. 72701 LETTER a F4L°iarZ1ME UL DATE 4/26/90 JOB HO 88098 AITEN' OY Don Bunn RE Ci y of Fayetteville -Utility Relocation WE ARE SENDING YOU 7C Attacned - Under separate cover via Shop drawings Copy of letter COPIES DATE NO 5 -sets the fol owing items: Prints P ans : Samp'es Specifications Change order fi Contract Documer.ts f - 4 x DESCRIPTICN THESE ARE TRANSMITTED as checked below: For approval Approved as submitted Resubmit copies for ar.p•ova; I-. For your use Approves as noted Subm t copies for d.strtbutron : As requested Returned for corrections Return - corrected prints ' : For review and comment : _ - ;; FOR BIDS DUE 19 - PRINTS RETURNED AFTER LOAN TO US REMARKS Enclosed please find 5 sets Contract Documents. Please sign all five copies, keep one for your files, and return the remaining 4 to us at your earliest cor- venience. We will mail an acditioral5copies to the Highway Department. After their review, we will issue a Notice to Proceed. If -you have any Questions. do not hesitate to contact ne. COPY TO .'1 SIGNED:< If enclosures are not es noted, kindly notify us at once. x • • • • Ailoia,. CERTIFICATE OF INSURANCE PROCLCER COCE INSURED HOFFMAN HENRY INSURANCE CORP P 0 BOX 8848 PINE BLUFF AR 71611 SUB CODE DON MITCHEI 1 INC 883 WHITE OAK DRIVE ROGERS AR 72756 ISSUE DATE (MN' DJ' 4/20/90 S CERT FICAIL IS ISSUED AS A MA"EP OF INFORMATION ONLY ANC CCNFFRS NO R GHTS JPON -HE CEPTIC CATE HOLDER. THIS CER' FICATE JOFS NG- AMEND EXTEND OR ALIEP THE COVERAGE AFFORDED BY T -'E POLICIES BF. OW COMPANY A LETTER COMPANY B . r-irn COMPANY LE -TCR l� COMPANY D ..E-1ER COMPANY E LC -TCR COMPANIES AFFORDING COVERAGE AMERICAN GENERAL CO AMERICAN GENERAL CO U S FIDELITY & COVERAGES 71-1'5 IS TO CERTIFY THA- THE POL ICIFS OF INSJRANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAVEL ABCVE FCR THE RCLICY RE=IOC NDIGA-EC. NOTWI-HS AND NG ANY REQUIREMENT TERM OP CONDI-ION OF ANY CONTRACT OP OTHER DOCUMENT WITH RESPECT TC WHICH THIS CERTIFICATE MAY BE SSJED OR MAY PERTAIN THF INSURANCE 41 FORDED 8Y -HE POLICIES DESCRIBED HEREIN IS SJBJECT TO ALL --HE -EPMS EXCLJSIONS AND CONDITIONS OF SUCH POI ICIFS I IM TS SHOWN £JA" LIAVL BLLN RLDJCEC BY PA D CLAIMS CO LTR TYPE OF INSURANCE A GENERAL LIABILITY X COMMERCIAL GE NC RAL LIABLIT" C..A•MS MAZE X OCCJP OWNED E 8 CON'RAOIOR S PROT BAL-OMCBILE LIABILITY X ANY 4,.TO Al. CWNFJ ADTOS SCHFDUI FC AUTOS X 11 RFC AUTOS X NLNCWNFJ AU -OF GARAGE L A3 JTr 0 EXCESS LIABILITY CI HER -RAN UMBITE.LA FCPM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER ECAOh741467 ECA06733647 POLICY EFFECTIVE POLICY EXPIRY- ON DATE IMMIDD,YI GATE MM JJ YVi 7/17/89 ALL LIMITS IN THOUSANDS 7/ 17/90GLNFDA_ AGGPEaA•t $1$000 "RCS.. SOJMD'IP: AGG'EGAI6 $ 1 F 000 •AFRSO.AI R 4D:FR• FI'IG IN..,.1 V $1,000 -ACP ara.RN-NC- 41,000 r RF JAMAGF A -r ;. �' •ri $ 50 MEDC•�. ry r'.s; A- ;-_ 1PIw 1 5 5 7/17/89 7/17/90ccM3•.r ;NSI - 3905396893 8/06/B9 8/06/90 3C' LY NJLRY $ .Per DC'50') BCC Lr NJiRY 'Pe' a :Ine•II b00 RROFFRI$ EACH CLO..FRF NCF $ AGGPEGA-E s-AILTCPr 100 FA; " AC: :1-%1' $ 500 DISEASE FOLLY LMT; $ 100 DISEASE—EACF EMPLOYEE DESCRIPTION OF OPEPA-IONSI.00ATIONSNEHICLES'RESTRIC- ONS/SPECIAL ITEMS UTILITY RELOCATION Ai RELOCATED U S HWY 7 FAYETTEVILLE ARK CERTIFICATE HOLDER CITY OF FAYETTEVILLE C/O CRAFION TULL & ASSOC INC ROGERS ARK ACORD 25-S (3188) CANCELLATION SHOULD ANY OF THE ABOVE DESCP BED PO.'C ES BE CANCELLED BEFORE TI E EXPRAT CN DATE -HEREOF. -HE ISSUING COMPANY WILL MAL AYS WR TTLY NO1 CI "C 'HI CERTIFICATE POIUFR NAMrU 1011-F LEFT L KIND LPO AUTROPIZED REPRESENTATIVE BOB ROBERT'S c6oak) 443 DA '':ACORD CORPORATION 1988 x At OE Ii CERTIFICATE OF INSURANCE PRODUCER CODE INSURED HOFFMAN—HENRY INSURANCE CORP P 0 BOX 8848 PINE BLUFF' AR 71611 SUB -CODE CITY OF FAYETTEVIL[E C/O CRAFTON Till I ASSOC ROG ERS AR ISSUE DATE MM,D3'YYI 4/20/90 THIS CEPTIFICA-E IS ISSUED AS A MATTER OR INFOPMA1 ON ON.Y AND CONFERS NC RIGHTS UFCN THE CFR1IFICATE HCLDER. THIS CFRTIR CA IL DOES NOT AMEND LX -END OR ALTER THE COVERAGE ACCORCED BY -HE PO. .0 ES BELOW COMPA\V A FT -FR 1.1 COMPA\V B I FTTFR COMPANT `. . FIT EH COMPANY .F-TFR COMPANY F -TEP COMPANIES AFFORDING COVERAGE AMERICAN GENERAL CO COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE_ LIS -ED BELOW HAVE BEEN ISSUED 10 -HE INSURED NAMED ABCVF FOR 1HL PO. CY PERIOD NDICA-ED NOTWITHS-ANDING ANY REOU REMENT TERM OR CCNDIT•ON OF ANY CONTRACT OR OTHER DOCJMENT WITH 9FSPEC T -0 WHICH THIS CEFTIF CATE MAY BE ISSJEO CR MAY PERTA'N. THE INSJPANCE AFFORDED BY THF POI C•ES DESCRIBED HERE N S SUB -TCT -10 Al t °EEL -ERVS. EXC-JS CNS AND COND TIO \S CF SUCH RCL C'FS L IM IS SHCW\ VAY HAVE SEEN RED..CFD BY -AID C_AIMS CO ..TR TYPE OF INSURANCE POJCV NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMM'DD•VY DATE IMM'DD VV 4.L LIMITS IN -YOUSANDS A GENERAL LIABIJTY BINDER 4/20/40 4/20/91 AGGayOA'IE S 1 p000 COMMERC 4_ GE\EPA. L IAN(mePROD ,JIS.CCMP CPS AGGREGATE E CLAIMS MADE OCCUR PFFSO':AI k AI1VEL S \G ILJT' $ X OWNER S B GO\TRACTOR S Fr -OT FA: f •'Cf LHRF NCF $ 1 , 000 F RF DAYA; E- •A-, :-_' . VF: CA. EXPENSE Am -•,e tors.,^1 S AUTOMOBILE LIABILITY COME N=:) A\V AUTO LM1 tll A,1 OWNrD Ad CS BOD _Y SC'FOLI FO A„1CS He- 11605C-1 ..FV PIPED AJTOS BOD•_\ N F S NON OWNED AUTOS IPr v:nr GARAGE L MAIL -Y S EXCESS . IABIL -v O' -ER IPA\ UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER FFOPFF-m HAMAGF EACP OCCURRENCE STP- ,l(TaV DESCRIPTION OF OPERATIONS,LOCATIONS/VEHICLES'RESTRIC-.ONS,SPECIAL HEMS CERTIFICATE HOLDER CRAFTON TIJLL & ASSOCIATES ROGERS ARK ACORD 25-S (3188) CANCELLATION AGGREGATE EAC- ACC 'E\- IDSFASF FACH FMPICVFF SHOLLD ANY CF THE ABOVE DESCRIBED P0.1. FS RP CANCELLCC BEFORE THE EXDIRAT'CN DA'E-HEREOR 'HF ISSUING CCMPANY WILL B•NBCAVOH-TO MA L JAYS WR TTEN NOT CE -C 'HE CFRTID GALE HCL:)LR NAMED TO THE L EF1 Stii 9MILUr1 MAI 9AAP CT y® i "rr LIADI_1TV 01 AN- YJNUTJ AUTHORIZED REPRESENTA- VE BOB ROBERTS Mlsa DA LACORD CORPORATION 1988 X X 4 HOFFMAN-HENRY INSURANCE CORP P 0 BOX 8R48 PINE BLUFF AR 71611 CITY OF FAYETTEVILLE C/O CRAFTON TULL ASSOC ROG ERS AR AMERICAN GENERAL CO 4/20/90 12:01 X LIAR OCCUR CONTRACTOR DON MITCHELL INC UTILITY RELOCATION AT RELOCATED US HWY 7t FAYETTEVILLE ARK CRAFTON TULL & ASSOCIATES ROGERS ARK X 4/20/90 MITIBO-1 DA 4/20/91 X 80E3 ROBERTS 5 felb 1 .4.t 1,000 1,000 ROFILMED jll i)51-1 MIC D SPECIFICATION AND CONTRACT DOCUMENTS FOR CITY OF FAYETTEVILLE UTILITY RELOCATIONS AT RELOCATED U.S. HIGHWAY 74 (FAYETTEVILLE BID# 90-9) FEBRUARY, 1990 1/88098 Crafton, Tull & Associates, Inc. Architects & Engineers 1 • ACORD. CERTIFICATE OF INSURANCE PRODUCER CODE INSUREC HOFFMAN-HENRY INSURANCE CORP P 0 BOX 8848 PINE BLUFF AR 71611 SUB -CODE DON MITCHELL INC 883 WHITE OAK DRIVE ROGERS AR 72756 SSUE DATE MM.CC V V, 4/20/90 THIS CER-IFICA-E IS ISSUED AS P MAT TEF OF INFORMATION CNL Y AND CONrERS NO RIGHTS UPON THE CERTI' ICATE HO.OEF THIS CERT'FICA-E DCES NC AMEND EXTEND OR ALTER "HE CCVEPAGE AFFORDED BY T -E POLICIES BELOW COMPANY A LETTFR COMPA\" B LETTER COMPANY _E -TEP C COMPANY LETTER D COMPANY E LETTER COMPANIES AFFORDING COVERAGE AMERICAN GENERAL CO AMERICAN GENERAL CO U S FIDELITY & COVERAGES THIS 'S TO CERTIFY THAT THE POLICIES OF INSURANCE LIS"ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 'HE POLICY PER CD INDICATED NOTWITHSTANDING ANY RECU REMENT, TERM OR CONDIT ON OF ANY CONTRACT OR OTHER DOCJMENT WITH RESPECT TO WH CH TH S CEPTIFICA"E MAV BE ISSUED OR MAY PERTA N THE INSURANCE AFFORDED BY THL PO_IC FS DESCRIBED HERF.N 5 SI -ELECT -O ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH PO"IC ES . MrS SHD'WN MAY HAVE BEE\ RLJUC=D BY PAIS OLA MS CO TYPE OF INSURANCE LTR Ft GENERA_ _IABIL'Y X COMME'C AL GFNEkAL -MVP/ C_AIMS MATE X OCCLR OWNER >' & UO\TRACTOR'S PPOs B AUTOMOBILE LIABILITY X ANY A„TC AL.. OW\FC AJTOS SCHCDJI E.) AUOF X HIRED A„ GS X NON -OWNED AJTOS GARAGE 1 PP'L TY D EXCESS I'ABILITY OTHER IRAN ..MBHEL_A FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER ECA06741467 ECA06733647 3905398993 POLICY EFFECTIVE POLICY EXPIRATION DATE'MM•:D•YY' DATE IMM.DD'VY, 7/17/89 ALL L MITS'N THOUSANDS 7/17/9OGE\EnA, ARnRE(aA'F RRC:„C-S :PMP OPS AGGREGATE PrRCOIJAL b AJ'.Ek' S NG NJJRV 1-A7H C:,CLRPF".CF F PF CAMAGF 'A r 1A MED .. -,A_ EVPE SF .A. , +e pr'gr., 7/17/89 7/17/90-0',"R NE: S N6LE DOD .\ I\ IPP 1Lc n n FL1IEn-V :AMA.1- 8/06/69 9/06/90 sr.. $ DESCRIPTION OF OPERATIONS:LOCATIONS/VEHICLES/REST PICTIONS%SPECIAL ITEMS UTILITY RELOCATION AT RELOCATED U S HWY 74 FAYETTEVILLE ARK CERTIFICATE HOLDER CITY OF FAYFTTEVILI.E C/O CRAFTON LULL. & ASSOC INC ROGERS ARK ACORD 154 (8189) $ $ EACH CC. -...,FENCE $ 100 500 100 $ $1,000 $1,000 $1,000 $1,000 sSO $5 AGGPEGATF E.:('n ACC JFN' ' D'SEASF —POL ICY LIM DI*EASE PP: H EMP_OYFF CANCELLATION SHOJLC ANY OF HE ABOVE DESCPI9EC POLICILS BE CANCELLED BFe OPE THE EXP RATION DATE THEREOF THE SSU•NG COMPANY WLL EMIMWOCO MAIL" �((DYAYS 'WRITTLN NC ICE TO THE CL RT FICATF HOLLER NAMED TO THE LEFT B&1 -AR LHt ro , - �.•,. A.O OBL HAT'vn JR L AUTHORIZED REPRESENTAT.VE BOB ROBERTS b'd0 Y(usto DA VACORD CORPORATION 1988 X • • AIDOM (CERTIFICATE OF INSURANCE PRODUCER CODE INSURED HOFFMAN-HENRY INSURANCE CORP P 0 BOX BB48 PINE BLUFF AR 71611 SUB -CODE CITY OF FAYETTEVILLE C/O CRAFTON TULL ASSOC ROG ERS AR COVERAGES THIS IS '0 CER'IE V THAT THE PO_ C FS OF NSURANCE LISTED BLOW HAVE BEEN ISSUED TO THE IVSJRED NAMED ABOVE FOP THE POLICY PERIOD INCICATFD, NOTWITHSTANDING ANY REOJIRFMEN', IEPM OR CONDITION Or ANY CCNTRACT OR CHER DOCUMLNT'wr'i RESPECT TO WHICH THIS CERT FICATE MAY BE ISSUED OP MAY PERTAIN, THE NSURANCE AFVOPDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS. EXC.( USIONS AND CONCIT CNS 01 SLCH POLICILS LIMITS SHOWN MAY HAVE BEEN REDUCE C EY PA D CLAIMS CO LTR TYPE OF .NSURANCE NCE POLICY NUMBER A GENERAL LIABILITY BINDER COMMFRCIAL GENERAL L AB LITY CI AIMS MP DE OCC.,F X OWNERS 8 CC's-HACTOR S PROT 1 ISSUE DATE MMM DJ YY) 4/20/90 'HIS CERT( ICATE IS SSJFD AS A MATTER OF NF ORMAT°ON ONLY AND CONFERS NO RIGHTS LPON T -IL CER'IFICATL HOI DER THIS CEPTIF CATL DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFCRDEC BY 'HE PO -IC FS BE -OW COMPANIES AFFORDING COVERAGE COMPANY A LFTTEn COMPANY LFT ER COMPANY E Ek r.. COMPANY LETTER D COMPANY E .E'TFR AMERICAN GENERAL CO AUTOMOBILE LIABILITY ANY A„TC AL, CWNED AL1 OS SLHEOULED AUTOS HIRED 4..)OS NON -OWNED AUTOS GARAGF I AB LITY EXCESS I 'ABILITY J -.¢R -NA% UMBRA LA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS'LOCATIONS'VEH CLESIRESTRICTIONS:SPECIAL ITEMS CERTIFICATE HOLDER CRAFTON TULL & ASSOCIATES ROGERS ARK ACORD 25•S (3/88) POLICY EFFECT VE PO -ICY EXPIRATION DATE IMM'DD,VY DATE IMM 01) vv 4/20/90 ALL LIMITS IN_HOUSANDS 4/20/91 GI -NEW.. A3GR.:64TE $1,000 FPJD.,C TF COPE Dos 4G3FFGA'E $ F-Pe0'.4 A AS,, I.1:S NG N.., kV EAC" VCC..1.141-'J0.- $ 1,000 RF )CrAUAA-, -' P MED CA. EXPFNSI- a ., •-,T owson $ :OMB NEI' S''GI E O0. LV ..URI BOI)Ls Pei a-: te- D k.8.EIV F EACH OCC URHENCF $ g A3GRFG4TE S'e1UT^nv F A ;- ACC DI -NT $ •3 SFASE—PC. ICY .IMITI $ ID SEAS! 1 -ALP CMPLOvEF CANCELLATION SHOULD ANY OF THL ABOVE CESCPIBED POLICIES BL CANCL._ED BEFORE THE EXPIRATION DATE THEREOF-, 'HE ISSUING COMPANY WI. , ENDEAVOR TO MAIL L�DAYS WR TTEN NOT 01 -C 'H1 CE°TP-'CATE HOLDER NAMED 10 THE LFF T. Bl `EA'LURF TO MAIL SJCH NC ICE SHALI MPOSF NO CBI (GAT ON OR L ABILITY OF ANY K ND U°CN THE COMPANY. I'S AGEN;5 on RFPPESENIAT'VES AUTHORIZED REPRESENTATIVE BOB ROBERTS DA Q.ACORD CORPORATION 1988 x a X • • • • • 4/20/90 HOFFMAN-HENRY INSURANCE CORP AMERICAN GENERAL CO MITIB0-1 DA P 0 BOX 8848 4/20/90 12:01 X 4/20/91 X PINE BLUFF AR 71611 LIAB OCCUR CITY OF FAYETTFVILLE C/O CRAFTON TULL ASSOC ROG ERS AR CONTRACTOR DON MITCHELL INC UTILITY RELOCATION AT RELOCATED LIS HWY 7j FAYETTEVILLE ARK CRAFTON TULL & ASSOCIATES ROGERS ARK X BOB ROBERTS 3 DV i, 1,000 1,000 • • • ADVERTISEMENT FOR BIDS City of Fayetteville OWNER 113 W. Moi.nta;n ADDRESS Fayetteville, AR. 72701 Separate sealed bids for the construction of Utility Relocaticrs at Relocated U.S. Hwy 71, Fayetteville, Arkansas (Fay. Bid# 90-9) will be received by City of Fayetteville at the office of City of Fayetteville, Administration Bldo. Rm,326 until 2:00 p.m. 08tANh WOWxlRi'i ( (Daylight Savings Time), March 20 , 19 90, and then at said office publicly opened and read aloud. The CONTRACT DOCUMENTS, consisting Instruction to Bidders, Bid and Conditions, Supplementary Conditions Bond, Drawings, Specifications, and the following locations: of Advertisement for Bids, Bid Bond, , Payment Addenda, Grafton. Tull 6 Associates, Inc. Agreement, General Bond, Performance may be examined at 2800 No. 2nd, Rogers, Arkansas Copies of the CONTRACT DOCUMENTS may be obtained at the office of Crafton, Tull & Associates, Inc. located at 28C0 No. 2nd, Rogers, Arkansas upon payment refunded. of $ nn for each set, none of First Publication which will be By DON BUNN, CITY ENGINEER February 28, 191;0 Second Publication March 7, 1990 CD -1 COPYRIGHT© 111 CRAFTON, TUU I ASSOCIATES, INC. NOTE: CONTRACTOR IS REQUIRED S SUBCONTRACTORS THAT WILL BE USED ON THIS PROJECT IN A SEALED ENVELOPE ATTACHED TO THIS BID PROPOSAL INSTRUCTION TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract, NSPE-ACEC Document 1910-8, CSI 56465 (1978 editions), have the meanings assigned to them in the General Conditions. The term, "Successful Bidder", means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents. 2.1 Complete sets of the Bidding Documents in the number and or the deposit sum, if any, stated in the Advertisement for Invitation may be obtained from Engineer (unless another issuing office is designated in the Advertisement or Invitation to Bid). The deposit will be refunded to Bidders who submit a bona fide Bid and returns the Bidding Documents in good condition within ten days after opening of Bids, unless noted otherwise. . 2.2 1 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner or Engineer assume any responsibility for errors or misinterpretations result- ing from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders. To demonstrate the qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's request written evidence of the types set forth in the Supplementary Conditions, such as financial data, previous experience and evidence of authority to conduct business in the jurisdiction where the Project is located. Each BID must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. CD -2 COPYRIGHT © Tai curia'', Tull I cuac*Tls.1Nt, 411 4. Examination of Contract Documents and Site. 4.1 It is the responsibility of each Bidder before submit- ting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress, or performance or furnishing of the Work, (c) consider federal, state, and local Laws, and Regulat- ions that may affect cost, progress, or performance or furnishing of the Work; (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. • • 4.2 Reference is made to the Supplementary Conditions for the identification of: 4.2.1 Those reports of explorations and tests of subsurface physical conditions at the site which have been utilized by Engineer in preparation of the Contract Documents Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Docu- ments with respect to 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 or others, and Owner does not CD -3 COPYRIGHT © ma CRAffON, TULL C ASSOCIATU INC: • • assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidder on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examina- t ions, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine his Bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of h is Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon comple- t ion of such explorations. 4.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the work are identified in the Contract Documents. 4.8 All additional lands and access thereto required for temporary construction facilities or storage of mater- ials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. The submission of a Bid will constitute an incontrovertible representation by the 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 Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents are CD -4 COPYRIGHT © itt CRAPlOf4 TOLL i ASSUMES, INC. sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of Work. Xnterpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. 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 Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clari- fications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Docu- ments as deemed advisable by Owner or Engineer. 6. Bid Security 6.1 Each Bid must be accompanied by Bid Security, made payable to Owner, in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (an form attach- ed, if a form is prescribed) issued by a Surety meeting the requirements of Paragraph 5.1 of the General Conditions. 6.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned. if the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of 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 Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the forty-sixth day after the Bid opening, whereupon Bid Security furnished by such Bidder will be returned. Bid Security of Bids which are not competitive will be returned within seven days after the Bid opening. CD -5 COPYRIGHT © INS CRATTGI, MA 1 ASSOCIATES, GIC. 7.1 Contract Time The number of days within which, or the date by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time), are set forth in the Bid Form and will be included in the Agreement. 8. Liquidated Damages Provisions for liquidated damages, if any, are set forth in the Agreement. 9. Substitute or Equal Items The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitutes or "or equal" items of material or equipment which may be furnished or used by Contractor if acceptable to 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 Paragraphs 6.7.1, and 6.7.2 and 6.7.3 of the General Conditions which may be supplemented in the General Requirements. 10. Subcontractors. etc. 10.1 If the Supplementary Conditions require the identity of certain Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the effective date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall, within seven days after the Bid opening submit to Owner a list of all Subcontractors, Suppliers and other persons and organizations 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 such Subcontractor, Supplier, person, and organization, if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may, before the Notice of Award is given, request the CD -6 COPYRIGHT © TM CRAFTOII, Mi i ii$OC1ATU OIL • apparent Successful Bidder to submit an acceptable sub- stitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcon- tractors, Supplier, other persons and organization The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to 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 6.8.2 of the General Conditions. 10.2 In contracts where the Contract Price is on the basis of Cost -of -Work Plus Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with Owner's written consent. 10.3 No Contractor shall be required to employ any Subcon- tractor, other person or organization against whom he has reasonable objection. • 11. Bid Form 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Engineer. 11.2 All blanks on the Bid Forms must be completed in ink or typewriter. The Bid price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4 Bids by partnership must be executed in the partnership name and signed by a partner whose title must appear under the signature and the official address of the partnership must be shown below the signature. CD -7 COPYRIGHT © )et CAAryo)f, TILL A ASSOCIATE; OIL 12. Submission of Bids Bids shall be submitted at the time and place indicated in the Advertisement for Bid, and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder, and accompan- ied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation, "BID ENCLOSED", on the face of it. 13. Modification and Withdrawal of Bids 13.1 Bids 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 at any time prior to opening of Bids. 13.2 If, within twenty-four 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 his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. Opening 04 Bids Bids will be opened a. publicly X b. privately 14.1 When Bids are opened publicly, they will be read aloud and an abstract of the amounts of the base Bids and major alternatives (if any) will be made available after the opening of Bids. 14.2 When Bids are opened privately, an abstract of the same information will be made available to Bidders within seven (7) days after the date of Bid opening. 15. Bids To Remain Open All bids shall remain open for forty five days after the day of the Bid Opening; but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date. CD -8 LOPYi1GNI O me ciuFTON, nai t auecun:; mt Award of Contract Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive or condit- ional Bids. Also, Owner reserves the right to 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, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepan- cies in multiplication of units of work and unit prices will be resolved in favor of unit prices. Discrepan- cies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner shall consider the qualifi- cations of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates and unit prices, or other data, as may be requested in the Bid Forms or prior to the Notice of Award. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorpor- ation in the work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. . 16.3 16.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by the Owner indicates to Owner that the award will be in the best interests of the Project. CD -9 COPYRIGHT © 1181 CLIFTON, TULL i ASSOCIATE; INC. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within forty-five days after the day of the Bid opening. 17. Performance and Other Bonds Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by the required Perform- ance and Payment Bonds. 1B. Sianina of Agreement When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other Contract Documents attached. Within fifteen days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter, Owner will deliver one fully executed signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. CD -10 COPTRIGHT © Iqt CR OTON, TULL & ASSOCIATES, UN: • • W O- M • 0 C7 (nz 03 a -OJ -J O L WILL COMPLETE THE WORK FOR THE CC W • CTA JOB NAME: 00 CFI O CC CC COCO 0 0 F U W u (r Cl. 0 0 J G 0 O 1 - CC CC G O CO H z 0 •( N. N EST. QUANTITY N H z W J DESCRIPTION N C. CO i - t LP U\ s N N U U ▪ C r3 •- U c, - U Co u- p_ a 1 - L U • t c u U W L ro U « X U C 7 •- L v u N C G O N •- L - o « W - 0 Ninety Cents 0 cl c C c c c U c C (a z un D G 7 0 r N z z W u O z G z W H H H ce ce 3 3 W U aC A CC 0 c d a as C 3 c 3 CO 03 Z Z J - F F - Z � H 0 M 0 N 111 • C = (3 N N C w .- - N C) CI M G U C C W O Cn - C C U • L .r L c U U U n 7 M -co 3 3 t ul « C • C L N 2 E m u UU0 • hundred three and ten cents 0 1— H CC - o[ W W U U d• 0 CC c a a s cc o • 3 — m CO 2 z J 1- 00 c• O 1/40 • G W a - > > — C w G C c •- VI [ 0 U 0 CA - C U G- « G rj .1 ▪ +" 7 L IP 1- C C L u. X > - u h > C and no cents 3 N C G J - J O 0 Two thousand N r z W U 0 Z G z W W H H - cc as 3 W w u u - N Q_ N a. c a o a z 0 C 3 - 3 CO CO Z J F- G 0 Z O � r CD - 14-A COPIRIGHT Q• CRAFTONJILL i ASSOCIATES IN0