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HomeMy WebLinkAbout172-91 RESOLUTION• RESOLUTION NO. 172-91 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH MCCLINTON ANCHOR COMPANY IN THE AMOUNT OF $258,650 FOR DEMOLITION WORK ON PARKING LOTS FOR THE WALTON ARTS CENTER AND AUTHORIZING A CHANGE ORDER. 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 a contract with McClinton Anchor Company in the amount of $258,650 for demolition work on parking lots for the Walton Arts Center. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Board of Directors specifically authorizes change orders to the aforementioned contract deleting all work on the 400 block of Dickson Street site and the School Avenue site, reducing the contract amount by $81,650, making the new contract price $177,000. PASSED AND APPROVED this 17th day of September , 1991. APPROVED: By: ATTEST: B • • • State of Arkansas ) County of Washington ) CONTRACT THIS AGREEMENT, made and entered into this 17th day of set-mber • 19 91 , by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and APAC-Arkansas, Inc., McClinton -Anchor Division of the City of Fayetteville, Arkansas , Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: 1 WHEREAS, the Owner has called for bids for construction of Walton Arts Center Parking Lot; Phase 1 - Demolition, as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best bidder for the construction of said Walton Arts Center Parking Lot; Phase 1 - Demolition; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Work to include demolition and removal of building structures, foundations, walls (rock and concrete), culverts, curb and gutters, sidewalks, pavement (surface and base), fences, trees and other vegetation for the three sites designated as "The West Avenue Site," "The 400 Block of Dickson Street Site" and "The School Avenue Site,' and all work required for complete demolition, which consists of all items as set out in the Bid, these Specifications and Plans No. Fy-212 dated September 1991, including all work required for a complete installation, for the lump sum price bid in the Bid, all of which become and are a part of this contract, the total sum being Two Hundred Fifty -Eight Thousand Six Hundred Fifty and no/100 dollars ($ 258,650.00 ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. 6-1 The Contractor agrees to commence work under this contract within two days of the issuance of the Notice to Proceed and complete all work by the October 19, 1991 and November 4, 1991 deadlines. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after the first of each calendar month, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Except as otherwise provided by law, ten percent (10%) of each approved estimate shall be retained by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within two (2) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fads in completing the total contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, the sum of two hundred dollars ($200.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled only to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. 6-2 • • • In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, In which event the Owner shall not be liable to the Contractor for any work theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, Tess the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. 1/ k),,,,i,, Witnesses* APAC-Arkansas, Inc. McClinton -Anchor Division Firm Nam By�w'i»tri1J Al. t -.00.[i James A. Cole, Vice -President *If corporation, secretary should attest. Attest: CITY OF FAYETTEVILLE, ARKANSAS L^ �. / <�/!�/l Fred Vorsanger, Mayor Sherry L. fl'homas, City Clerk 6-3 CHANGE ORDER (Instrbctions on reverse side) No 1 PROJECT: OWNER: (Name, Address) Walton Arts Center Parking Lot PHASE 1 - DEMOLITION City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 CONTRACTOR: APAC-Arkansas, Inc. McClinton -Anchor Division P. O. Bo* 1367 CONTRACTFttttevil e, Arkansas 72702 Parking Lot Demolition DATE OF ISSUANCE: September 17, 1991 OWNER's Project No Fy-212 ENGINEER: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 ENGINEER's Pro ect No Fy-212 You are directed to make the following changes in the Contract Documents. Description: Delete all work shown on the Plans and Specifications at "the 400 Block of Dickson Street site" and "the School Avenue site." Purpose ofChangeOrder: Reduce the scope of the project. Attachments: (List documents supporting change) McGoodwin, Williams & Yates City of Fayetteville, AR RECOMMENDED: APPROVED: by McClinton -Anchor Company APPROVED: Charles 1<.. F'iickle, P. E. EJCDC No. 1910-8-B (1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. y 4%44A5 9/ t/no James e"rorlre, Vice -Pres. CHANGE IN CONTRACT PRICE: Original Contract Price 258 650.00 $ CHANGE IN CONTRACT TIME: orifi nnl Sont Ti�e991 for West Avenue site; Novo err, 4, November 4, 1991 for other two sites days oc date Previous Change Orders No to No Net change from previous Change Orders 0 f 0 day, Contract Price prior to this Change Order $ 258,650.00 Contract Time Prior October November14, to this Change Order 1991 1991 days or date Net)(kQmmacm Jdeaemehif this Change Order $ 81,650.00 Net Increase (dn zasc) of this Change Order 29 days days Contract Price with all approved Change Orders $ 177,000.00 Contract Time with November 17, all approved Change Orders 1991 days or dale McGoodwin, Williams & Yates City of Fayetteville, AR RECOMMENDED: APPROVED: by McClinton -Anchor Company APPROVED: Charles 1<.. F'iickle, P. E. EJCDC No. 1910-8-B (1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. y 4%44A5 9/ t/no James e"rorlre, Vice -Pres. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Time. Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent Change Order if they affect Price or Time. Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order, The practice of accumulating change order items to reduce the adminis- trative burden may lead to unnecessary disputes. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time, a Field Order may he used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attach- ments based upon documents and proposals submitted by Contractor. or requests from Owner, or both. Once Engineer has completed and signed the form. all copies should he sent to Contractor for approval. After approval by Contractor. all copies should he sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to price or to time. cross out the part of the tabulation that does not apply. McGOODWIN, WILLIAMS AND YATES, INC. • Consulting Engineers 909 Rolling Hills Drive FAYETTEVILLE, ARKANSAS 72703 (501) 443-3404 TO City of. Fayetteville 111. W._Mountain. Fayetteville, Arkansas 72701 LETTER ©FP TE K61110flAd DATE September 27, 1991 ATTENTION '1r. David Cox JOB NO Fy-212 RE. Walton Arts Center Parking Lot Phase I - Demolition Fayetteville, Arkansas WE ARE SENDING YOU 17 Attached ❑ Under separate cover via the following Items: O Shop drawings D Prints ❑ Copy of letter LXChange order ^: Plans ❑ Samples 0 Specifications Cj Contract Documents COPIES DATE NO. DESCRIPTION 1 09/17/91 City's copy of the fully -executed Specifications and Contract Documents. 1 09/17/91 Executed copy of Change Order No. 1 to the referenced project. THESE ARE TRANSMITTED as checked below: ❑ For approval For your use E As requested ❑ Approved as submitted 0 Resubmit copies for approval O Approved as noted 0 Submit copies for distribution ❑ Returned for corrections 0 Return corrected prints O For review and comment 0 ❑ FOR BIDS DUE REMARKS 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED- FIBOUCTYAJ 2IN.GMM.eat 9OI. TMS& NONE TCS FREE IBSESEB II enclosures are nor as noted, kindly notily as at o co, f Charles R.ickle P. E. ciy CHANGE ORDER (Instructions on reverse side) No 1 • PROJECT: OWNER: (Name, Address) Walton Arts Center Parking Lot PHASE 1 - DEMOLITION City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 CONTRACTOR: APAC-Arkansas, Inc. McClinton-AAnchor Division CONTRAC Weteville67Arkansas 72702 Parking Lot Demolition DATE OF ISSUANCE: September 17, 1991 OWNER's Project No Fy-212 ENGINEER: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 ENGINEER's Project No Fy-212 You are directed to make the following changes in the Contract Documents. Description: Delete all work shown on the Plans and Specifications at "the 400 Block of Dickson Street site" and "the School Avenue site." Purpose ofChangeorder: Reduce the scope of the project. Attachments: (List documents supporting change) RECOMMENDED: by APPROVED: Charles R.'llickle, P. E. Fred orsanger, Ma EJCDC No. 1910.8-13(1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. APPROVED: by James A. Con u6lolr e, Vice -Pres. CHANGE IN CONTRACT PRICE: Original Contract Price $ 258,650.00 CHANGE IN CONTRACT TIME: oI5ctoSe rafiT47991 for West Avenue site; November 4, 1991 for other two sites days or date Previous Change Orders No. to No Net change from previous Change Orders 0 $ 0 days Contract Price prior to this Change Order s 258,650.00 Contract Time Prior ober1991 Novemberl4, to this Change Order 1991 days or dale Net ij flylM (decrease) of this Change Order $ 81,650,00 Net Increase 6tlyrem e) of this Change Order 29 days days Contract Price with all approved Change Orders s 177,000.00 Contract Time with all approved Change Orders November 17, 1991 days or dare McGnndwin. Williams R Yates City of Fayetteville. AR McClinton -Anchor Company RECOMMENDED: by APPROVED: Charles R.'llickle, P. E. Fred orsanger, Ma EJCDC No. 1910.8-13(1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. APPROVED: by James A. Con u6lolr e, Vice -Pres. CIL1NGE ORDER I.NSTRUCTIONS • • A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Time. Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent Change Order if they affect Price or Time. Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the adminis- trative burden may lead to unnecessary disputes. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form. including a description of the changes involved and attach- ments based upon documents and proposals submitted by Contractor. or requests from Owner. or both. Once Engineer has completed and signed the form. all copies shou!d be sent to Contractor for approval. After approval by Contractor. all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. if a change only applies to price or to time. cross out the part of the tabulation that does not apply. SPECIFICATIONS AND CONTRACT DOCUMENTS WALTON ARTS CENTER PARKING LOT PHASE 1 - DEMOLITION FAYETTEVILLE, ARKANSAS PLANS N0. Fy-212 SEPTEMBER, 1991 McGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS 0 1991 McGoodwin, WdGama and Vater TABLE OF CONTENTS Section Advertisement for Bids 1 Instructions to Bidders 2 State Wage Determination 4 Bid 5 Contract 6 Performance Bond and Payment Bond 7 Standard General Conditions of the Construction Contract 8 Supplementary Conditions 8 TECHNICAL SPECIFICATIONS Project Requirements 100 Methods of Measurement and Payment 1200 ADVERTISEMENT FOR BIDS Notice is hereby given that pursuant to an order by the CITY OF FAYETTEVILLE, ARKANSAS, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 10:30 a.m. Local Time. September 16, 1991, for the furnishing of all tools, materials, and labor and the performance of all necessary work in Fayetteville, Arkansas, consisting of BID NO. 91-49 WALTON ARTS CENTER PARKING LOT DEMOLITION PROJECT NO. ST90-004-TR All necessary work, materials, and every Item of demolition shall be in accordance with the plans and specifications as approved by the Public Works Department, City of Fayetteville. Said plans and specifications are on file in the office of the Engineer, McGoodwin, Williams and Yates, Inc., 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. Questions may be addressed to Dana Stahl at 443-3404. Copies may be obtained from the office of said Engineer upon the payment of $25.00. Each contractor shall be responsible for the investigation, inspection, and studies of the project sites 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 MOUNTAIN STREET, FAYETTEVILLE, ARKANSAS, and marked on the lower left side of the bud envelope shall be the following information: project name, date of bid opening, time of bid opening, bidding contractor's name and license number, and subcontractor's name and license number, if any. 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 any and 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 1-1 Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term 'Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting 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 qualifications to perform the Work, each Bidder must submit the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. 2) Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? 2-1 Instructions to Bidders 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? if so, where and why? 10) Ust the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. 12) Experience in construction similar in size to this project, along with project owners and engineers. 13) Background and experience of the principal members of your organization, including the officers. 14) Credit available: $ 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at this day of , 19 Name of Organization: By Titre Slate of ) County of ) being duly sworn deposes and says that he (she) is the of Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. 2-2 Instructions to Bidders Subscribed and sworn before me this day of 19 Notary Public My commission expires (Seal) Each Bid must contain evidence of Bidder's qualifications to do business in the state where the project is located or covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and Regulations that may affect cost, progress, 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 identification of: 4.2.1 those reports of explorations and tests of subsurface 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 Documents 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, 2-3 Instructions to Bidders and Owner does not 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 Bidders 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 examinations, 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 its Bid far performing and furnishing the Work in accordance with the time, price and other terms and conditions of the 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 far submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion 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 far use by Contractor in performing the Work are identified in the Contract Documents All additional lands and access thereto required for temporary construction facilities or storage of materials 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 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Contract Documents are to be directed to 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 Tess 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 clarifications will be without legal effect. 2-4 Instructions to Bidders 5.2 Addenda may also be issued to modify the Bidding Documents 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 (on form attached, 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 the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other 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 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME The numbers of days within which, or the dates 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 the Agreement. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR 'OR -EQUAL" ITEMS. The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Substitute or "or -equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer Application for acceptance of substitute or "or -equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7 1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Project Requirements. 10. SUBCONTRACTORS. SUPPLIERS AND OTHERS 10.1 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, Contract and Bonds. 2-5 Instructions to Bidders 10.2 The Contractor will be required to furnish the names of Subcontractors and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work. Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear an the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM 11.1 The Bid Farm Is Included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2 All blanks on the Bid Form must be completed in Ink or by typewriter. 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 must be shown below the signature. 11.4 Bids by partnerships 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. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mall or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 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 the opening of Bids. 2-6 Instructions to Bidders 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS Bids will be opened and (unless obviously nonresponsive) read aloud publicly. A tabulation of the amounts of the base Bids and major altemates (if any) will be made available to Bidders after preparation by the Engineer. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT 16.1 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, nonresponsive, unbalanced or conditional 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. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 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 incorporation 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 2-7 Instructions to Bidders 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. 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 must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 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 shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of She Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150 Arkansas Acts of 1965, the 'Arkansas State Licensing Law for Contractors.' Bidders who submit Bids in excess of $20,000 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 their Bid. 20. LABOR LAWS. 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 under the State Unemployment Compensation Act, and She Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. WAGES AND LABOR. Minimum wage rales shall be equal to basic rates as established 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 rates 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 Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 2-8