HomeMy WebLinkAbout193A-91 RESOLUTIONr••
RESOLUTION NO. 193A-91
A RESOLUTION AWARDING BID #91-55
MARINONI CONSTRUCTION COMPANY
DEMOLITION OF THE DICKSON STREET
AVENUE PARKING SITES.
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TO JOHN P.
FOR THE
AND SCHOOL
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 in the amount of
$20,000.00 between John P. Marinoni and the City for the demolition
of the Dickson Street and School Avenue parking sites. A copy of
the contract authorized for execution hereby is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 15th day of October , 1991.
APPROVED:
By:
YZZ-friP-Th
ATTEST:
By:
Mayor
• ,•
For the Board meeting of
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AGENDA REQUEST
Avfr-✓ /6 MI
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FRONT
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Division
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Department
BOARD ACTION REQUESTED:
A 0 welt r2L - 1-Q clew pit tO'1 4-ltc�c ( th,A,�. -
2.4v1» CjC •k Sive,- T teui L s.
COST TO CITTtt ^c eLt'
Cost of this requ4st
3370
% of Program completed
Fine item budgeted amount
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Fun
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use
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to date
Remaining
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glance
AccountCealey
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Account Number
BUDGET REVIEW,
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Budget Coordinator
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ustment Attached
iveservices Director
CONTRACT/LEASE REVIEW'
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••rclVr t officer
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1
ernal Auditor
Date
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Date
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Date
Date
GRANT APPLICATION REVIEW:
Internal Auditor Date
STAFF RECOIOWIDATIONI
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Date
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Adm n rative Services Director
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City Manager
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FAYETTEVI LLE
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THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Fayetteville City Board of Directors
THRU: Scott C. Linebaugh, City Manager //
FROM: David S. Cox, Assistant to the Public Works Director (s''
DATE: October 7, 1991
SUBJ: Arts Center Parkin.
The first bid on site demolition for Arts Center Parking
construction was $258,650, of which $77,595 was allocated for the
Dickson Street, and School Avenue sites. It was decided to delete
these two sites from the first demolition contract and rebid them.
The bid opening was held on October 7. The low bidder was John P.
Marinoni Construction with a bid of $20,000.
By rebidding the two lots we reduced the demolition price by
$57,595. The attached contract is submitted for approval.
DSC/dsc
attachment
Bid 491-55 Walton Arts Center Parking Lot Demolition/ Phase 1B
October 7, 1991, 10:30 a.m. 4 .
TOTALS OF BIDS
WALTON ARTS CENTER PARKING LOT
PHASE 1B - DEMOLITION
Fayetteville, Arkansas
Project No. Fy 212B
October 7, 1991
Contractor Total Bid
School Dickson
McClinton -Anchor $ 24,572.00 49.144,00
Sweetser Construction Co. $ 11,200.00 52,800.00
Kim Hallam $
Les Rogers Inc. $
John P. Marinoni Construction Co. $ 7 n n n nn non nn
$
$
McGoodwin, Williams and Yates, Inc.
909 Rolling Hills Drive
Fayetteville, AR 72703
(501) 443-3404
o c- sA 1, 199 1
Date
PURCFIR( TIC, MANAGER
PROJECT MANAGER
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CITY OF FAYETTEVILLE
CONTRACT REVIEW
PROJECT: Demolition of Srhool Ava & nirkSOn St pnrki•icj lots.
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Project Manager
City Attorney
Purchasing
Accounting
Internal Auditor
Initial Date
%r/0/7/
JAY') /D//< /9
-i-� io / r o /q I
TIANx lobo /il
(Please note, any exception
bottom of this form.)
on contract
(4441
copy and reference at the
Return to Project Manager when review procedure has been completed.
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CQNTRACT
State of Arkansas
County of Washington
THIS AGREEMENT, made and entered into this / c-) day of rOcta-eLah,
19 q f by and between the City of Fayetteville, County of Washington, State
of Arkansas, Party of the First Part, hereinafter called the Owner, and
Marinoni Construction Co., Inc.
of the City of Springdale, Arkansas
Part, hereinafter called the Contractor.
WITNESSETH THAT:
Party of the Second
WHEREAS, the Owner has called for bids for construction of Walton Arts Center Parking
Lot; Phase 1B - 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 1B - 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 two sites
designated as "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-212B dated September 1991, including all work required for complete
demolition, for the lump sum prices bid in the Bid, all of which become and
are a part of this contract, the total sum being
A. School Avenue Site: Seven Thousand and no/] 00
B. 400BIockofDicksonStreetSite: Thirteen Thousand and no/] 00
dollars ($7 , 000 ) ($13, 000 ), respectively, 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
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include all maps, plats, blueprints, and other drawings, and written or printed explanatory
matter thereof.
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 November 11, 1991.
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.
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 fails 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.
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
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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, less 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.
Witnesses'
Marinoni Construction Co., Inc.
Firm Name
By✓(
*If corporation, secretary should attest.
Attest;
Sherry L. Fiomas, City Clerk
/)-vV?A.A. .._
John P. Marinoni, President
CITY OF FAYETTEVILLE, ARKANSAS
9 `/rte l�
nena✓J� Fred Vorsanger, Mayor
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Telephone 501/443.3404
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
October 9,
Re: Walton Arts Center Parking Lot
Phase IB - Demolition
Fayetteville, Arkansas
MWY Project No. Fy-212B
Bid No. 91-55
Mr. David Cox
Assistant to Public Works Director
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Dear Mr. Cox:
1991
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FAX 501/4434340
As you are aware, bids were received on October 7, 1991, for
the above referenced project. Three firms submitted bids, as
listed below:
Marinoni Construction Co., Inc.
Jerry D. Sweetser, Inc.
McClinton -Anchor Company
A list of persons attending the
your reference.
We have reviewed the Statement of Bidder Qualifications
submitted by Marinoni Construction Company and we believe them to
be qualified for this project. You may note there is a
significant difference between the low bid and the other two bids
submitted. We have contacted John Marinoni and he has reviewed
his bid and is satisfied that the work can be completed within
the time frame and for the amount bid. Therefore, we recommend
that the City award this contract to Marinoni Construction Co.,
Inc. in the amount bid of $20,000.
$20,000.00
$64,000.00
$73,716.00
bid opening is included
for
The contract provides work under this contract to commence
within two days of the issuance of a Notice to Proceed and
complete all work by November 11, 1991. We trust the Board will
concur in this recommendation.
If you have any questions or need additional information
prior to the City Board meeting, please let me know.
CRN:lm
Enclosures
Cordially,
Charles R. Nickle, P. E.
Vice -President
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McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
Telephone 501/443-3404 FAX 501/443-4340
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October 31, 1991
Re: Bid Documents
Walton Arts Center Parking Lot
Phase 1B - Demolition
Fayetteville, Arkansas
Project No. Fy-212B
Ms. Sherry L. Thomas, City Clerk
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Dear Ms. Thomas:
Enclosed for the city's permanent files is the original bid of Marinoni
Construction Company, Inc. submitted October 7, 1991, for the above referenced
project. Also enclosed for the city's files are pertinent unbound bid documents
submitted by the two other bidders on this job.
CRN:sc
Endosures
Cordially,
Charles R. Nickle, P. E.
Vice -President
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BID
WALTON ARTS CENTER PARKING LOT
PHASE 1B - DEMOLITION
Fayetteville, Arkansas
Plans No. Fy-212B
Dated September 1991
Board of Directors
City of Fayetteville
Purchasing Office, City Hall
113 West Mountain Street
Fayetteville, Arkansas 72701
To the Board of Directors:
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into ar
agreement with Owner in the form included in the Contract Documents to perform anc
furnish all Work as specified or indicated in the Contract Documents for the Contract Pricc
and within the Contract Time indicated in this Bid and in accordance with the other term:
and conditions of the Contract Documents.
2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid anc
Instructions to Bidders, including without limitation those dealing with the disposition of Bic
security. TNs Bid will remain subject to acceptance for sixty days after the day of Bk
opening. Bidder will sign and submit the Contract Agreement with the Bonds and othe
documents required by the bidding requirements within ten days atter the date of Owner':
Notice of Award
3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement
that:
a) Bidder has examined copies of all the Bidding Documents and of the followinc
addenda (receipt of which is hereby acknowledged)
ti/4
Date
Number
and such addenda are attached to the Bid.
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b) Bidder has familiarized itself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Laws and Regulations that in any
manner may affect cost, progress, performance or furnishing of the Work.
c) Bidder has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions which are identified in the Supplementary
Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the
determination set forth in paragraph SC -4 2 of the Supplementary Conditions of the
extent of the technical data contained in such reports and drawings upon which
Bidder is entitled to rely.
d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests and
studies (in addition to or to supplement those referred to in c above) which pertain
to the subsurface or physical conditions at the site or otherwise may affect the cost,
progress, performance or furnishing of the Work as Bidder considers necessary for
the performance or furnishing of the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract
Documents, Including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, Investigations, explorations, tests,
reports or similar Information or data are or will be required by Bidder for such
purposes.
e) Bidder has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports or similar information or data in respect to said Underground Facilities
are or will be required by Bidder in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents, including specifically the provisions of
paragraph 4.3 of the General Conditions.
f) Bidder has correlated the results of all such observations, examinations.
investigations, explorations, tests, reports and studies with the terms and conditions
of the Contract Documents.
g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that
it has discovered in the Contract Documents and the written resolution thereof by
Engineer is acceptable to Bidder.
h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization or corporation; Bidder has not
directly or indirectly induced or solicited any other Bidder to submit a false or sham
Bid; Bidder has not solicited or induced any person, firm or corporation to refrain
from bidding; and Bidder has not sought by collusion to obtain for itself any
advantage over any other Bidder or over Owner.
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4. The following documents are attached to and made a condition of this Bid. Required Bid
Security in the form of bid bond or certified or cashier's check for Sa 1iD ei
($ ).
5. The Bidder will complete the Work for the following lump sum price:
A. School Avenue Site
Je rt 720cA_lo-7 Cf
!Dollar Amount Written in Words).
B. 400 Block of Dickson Street Site
dollars $ 2oOo
(Total in Figures)
tii-leen %lou ro.,cl dollars $ /. DBO
!Dollar Amount Written In Words} (Total in Fioure1
Final payment will be in accordance with Section 1200, "Methods of Measurement and
Payment."
The amount is to be shown in both words and figures. In case of discrepancy, the amount
shown in words, unless obviously Incorrect, will govern.
The above price shall include all labor, materials, bailing, shoring, removal, overhead,
profit, Insurance, etc., to cover the finished work of the several kinds called for.
The Bidder understands that the Owner reserves the nght to reject any or all bids and to
waive any informalities in the bidding.
The Bidder understands that he can bid either the "School Avenue Site" or the "400
Block of Dickson Street Site" or both sites. The Bidder understands that the Owner
reserves the right to award separate contracts for each of the sites as indicated on the
Plans
6. The Bidder agrees that all Work will be complete by the November 11, 1991 deadline if
the Notice to Proceed is issued by October 21, 1991.
Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the
event of failure to complete the Work on time.
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7. Communications concerning this Bid shall be addressed to the address of Bidder indicated
below.
8. The terms used In this Bid which are defined in the General Conditions of the Construction
Contract included as part of the Contract Documents have the meanings assigned to them
In the General Conditions.
Submitted this %'` day of f% ,19 1 / .
(Seal, if bld Is by corporation.) �.
Attest _Ge..,
5-4
Respectfully submitted,
`/94/2/4MA/1 €'271Y5 6 Ct91 /AX:-
(Firm
/✓r-(Firm Name)
Title /2e.,
52-o fewI%YJfl/SOf nS44,4
(Business Address & Zip Code)
Arkansas License No 9/-4 3/ah
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UNITED STATES FIDEL
KNOW ALL MEN BY THESE PRESENTS:
(A S
BID BOND
ARANTY COMPANY
BOND NUMBER
THAT John P. Marinoni CgnstrugtiQ.D.._csa,,., Lacs.
of SPringagk.g,....AXjS.clFF.Sg.S
as Principal , and UNITED STATES FIDELITY AND
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto
City of Fayetteville
as Obligee, in the full and just sum of Five Percent (S%) of Bid
Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS. the said Principal is herewith submitting its proposal for furnishing all materials and labor
for the Walton Art Center parking lot demolition at Dickson St. and School Ave.,
Fayetteville, AR, Project No. ST-90-0O4TR, Bid No. 91-55, in accordance with
plans and specifications by McGoodwin, Williams, & Yates, Inc.
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
time required. enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of
the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered 10/7/91
?_761
2/r
'tecret
(Date)
John P. Marinoni Construction Co.(SEAU
/ t-sn..“1/4_ (SEC
President
UNITED STATES FIDELITY AND GUARANTY COMPANY
Robert M. Davis
Attorney-in-fact
tR91AIIifll6AlUM Ern WPM„MIL Milria'
Contract 11 (Revised) (1-74)
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CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No. 100117
Know all Men Its these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and existing under the laws of the
State of Maryland. and having its principal office at the City of Baltimore. in the State of Maryland, does hereby constitute and appoint
Robert M. Davis
of the City of iajtetteV]IltBState of Arkansas
its true and lawful attorney in and for the State of Arkansas
for the following purpose, to wit:
To sign its name u surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY. through us, its Board of Directors. hereby ratifies and confirms all and whatsoever the said
Robert M. Davis
mayJawfu* do in the premises by virtue of these presenu.
— Its Witness Whereof. the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed _ s corporate seal, duly attested by the signatures of its Vice•President and Assistant Secretary, this 31st day of
• A. D. 19 87
(SEAL)
STATE OF MARYLAND. C
BALTIMORE CITY,
On this 31st day of December , A. D. 1987, before me personally came
W.J.D. Somerville, Jr. . Vice•President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Douglas R. Bowen , Assistant Secretary of said C_ ompanp. with both of
whom 1 am personally acquainted, who being by me severally duly sworn, said that they, the said W.J.D. Sa[�rv7.7.]8 , Jr.
and Douglas R. BOwen were respectively the Vice -President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Auoney was such corporate sal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Viet President
and Assistant Secretary, respectively, of the Company.
ss:
(Signed)
(Signed)
UNITED STATES FIDELITY AND GUARANTY COMPANY.
sr W,J,D, SanerviLle, Jr.
Douglas R. Bowen
Vire•President.
Assistant Secretory.
My commission expires the first day in July, A. D.1990
(SEAL) (Sired)
FS 3 (147)
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Margaret M. Buret
Notary Public.
sama,aag ibinrry
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NOLL1'IOS38 30 1403
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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. J err1 Ti. Swee+scr ,=,r•c .
2) Permanent main office address. 590 W Qa9lor , F0.y e14e4; Il eJ AR n703
3) When organized. / 7 1
4) If a corporation, where incorporated.
APttivPs
5) How many years have you been engaged in the contracting business under your
present firm or trade name? 1.4 A \I ear
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Instructions
to Bidders
6) Contracts on hand. (Schedule these, showing amount of each contract and the
appropriate anticipated dates of completion.)
,4x 1, y �,ll,C�J akncz- «ktC/ NC �+
7) General character of work performed by your company. t-1 e 4/ C. en r"cl °^
37RE E 7 749(/ ,
8) Have you ever faired to complete any work awarded to you?
NC
9) Have you ever defaulted on a contract? if so, where and why?
At
10) List the more important projects recently completed by your company, stating the
approximate cost for each, and the month and year completed.
Au'/AB/e aft Redvtsr
11) List your ajor equipment available for this contract.
6 ?C Evaliste72 _TAS Lr+ x s - Dv. p 40,81*. S p 7c_
12) Experience in construction similar in size to this project, along with pro;ect owners
and engineers. Ai/A; I48/E v749 PE c LJ5
13) Background and experience of the principal memb�e s of your organization,
including the officers. A UA1 /a3k ,��,a re a t/E 5/
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14) Credit available: $ ,L&A /Ape 728..• PecciF,�_
15) Give bank reference: /,as't,va7reMc / ?AWL c • /7 Far!
16) Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Owner? V S
Dated at &'. e' I> 4,1 this "T" day
of P.)t't-U3C ++ , 191j
Name of Organization: Jt'r r -.I b 3 c eit Se RI rc .
By 4 4/1"1-41 l 54. En
`} Title i LA..!SROs i tee -
State of of KGC1SgS )
County of l.Jo_SL, : ,mob ibile‘ )
,p being duty sworn deposes and says
that he (she) is the V ; cA. -mss , UA of
c.; 5 'e &TQC-& t%)L , Contractor(s), and that
answers to the foregoing questions and all statements therein contained are true and
correct.
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Subscribed and sworn before me this
My commission expires h� I b moo
(Seal)
Instructions
to Bidders
day of 0ta-oar✓t
G kAita
Notary Pubflc
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,
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Instructions
to Bidders
and Owner does not assume responsibility for the accuracy or completeness thereof
unless K 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 for 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 tor 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 for 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 AU 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
less than ten days prior to the date for opening of Bids may not be answered Only
questions answered by formal written Addenda wilt be binding. Oral and other
interpretations or clarifications will be without legal effect.
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Instructions
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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.
•
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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 on 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 Form is included with the Bidding Documents; additional copies may be
obtained from Engineer (or the issuing office).
11.2 All blanks on the Bid Farm 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 seas 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 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. 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.
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Instructions
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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 alternates
(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.
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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 the 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 the
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 rates 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.
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Instructions
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The Contractor and Subcontractor shall:
1) 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 Department of Labor.
2) post the scale of wages in a prominent and easily accessible place at the
site of the Work
3) 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 record shall be open at all reasonable hours
to the inspection of the Department of Labor or the Owner, its officers and
agents.
The Owner shall have the right to withhold from amounts due the Contractor so much
of accrued payments as may be 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 rates of wages received by such workmen.
If it is found that any workmen employed by the Contractor or a Subcontractor has been
or is being paid a rate of wages Tess than the rate of wages required by this Contract,
the Owner may by written notice to the Contractor, terminate his right to proceed with the
Work or such party 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 otherwise, and the
Contractor and his sureties shall be liable for any excess costs occasioned thereby
22. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all
Bidders is called to the provisions of Act 125, Arkansas Acts of 1965 This act provides
for payment for certain taxes on materials and equipment brought into the state It
further provides for methods of collecting said taxes. All provisions of this Act will be
complied with under this Contract
23. WITHHOLDING STATE INCOME TAXES, The Contractor shall deduct and
withhold Arkansas income taxes as required by Arkansas law, from wages paid to
employees, whether such employees are residents or nonresidents of Arkansas.
24. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT
AND ADMINISTRATION OF ACT 162. ARKANSAS ACTS OF 1987 The attention of all
NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987.
This act provides for non-resident contractors and subcontractors notice and bond
regulations by the Commissioner of Revenues, Department of Finance and
Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing
work or undertaking to perform any duties under any contract within the State of
Arkansas.
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1 BID
1 WALTON ARTS CENTER PARKING LOT
PHASE 1B - DEMOLITION
1 Fayetteville, Arkansas
1 Plans No. Fy-212B
Dated September 1991
Board of Directors
1 City of Fayetteville
Purchasing Office, City Hall
113 West Mountain Street
Fayetteville, Arkansas 72701
To the Board of Directors:
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
agreement with Owner in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract Price
and within the Contract Time indicated in this Bid and in accordance with the other terms
and conditions of the Contract Documents.
1 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. This Bid will remain subject to acceptance for sixty days after the day of Bid
opening. Bidder will sign and submit the Contract Agreement with the Bonds and other
documents required by the bidding requirements within ten days after the date of Owner's
Notice of Award.
1 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement,
that:
a) Bidder has examined copies of all the Bidding Documents and of the following
addenda (receipt of which is hereby acknowledged)
Date Number
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b) Bidder has familiarized itself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Laws and Regulations that in any
manner may affect cost, progress, performance or furnishing of the Work.
c) Bidder has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions which are identified in the Supplementary
Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the
determination set forth in paragraph SC -4 2 of the Supplementary Conditions of the
extent of the technical data contained in such reports and drawings upon which
Bidder is entitled to rely.
d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests and
studies (in addition to or to supplement those referred to in c above) which pertain
to the subsurface or physical conditions at the site or otherwise may affect the cost,
progress, performance or furnishing of the Work as Bidder considers necessary for
the performance or furnishing of the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of paragraph 4 2 of the General
Conditions; and no additional examinations, investigations, explorations, tests,
reports or similar information or data are or will be required by Bidder for such
purposes.
e) Bidder has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports or similar information or data in respect to said Underground Facilities
are or will be required by Bidder in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents, including specifically the provisions of
paragraph 4.3 of the General Conditions.
1) Bidder has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions
of the Contract Documents.
g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that
it has discovered in the Contract Documents and the written resolution thereof by
Engineer is acceptable to Bidder.
h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization or corporation; Bidder has not
directly or indirectly induced or solicited any other Bidder to submit a false or sham
Bid; Bidder has not solicited or induced any person, firm or corporation to retrain
from bidding; and Bidder has not sought by collusion to obtain for itself any
advantage over any other Bidder or over Owner.
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4. The following documents are attached to and made a condition of this Bid. Required Bid
Security in the form of bid bond or certified or cashier's check for
0
5. The Bidder will complete the Work for the following lump sum price:
A. School Avenue Site
AXE -17 7/� 03441(72 7o ,6/v, 'b F.er� dollars $ // °P.& ��
D Ilar Am"unt Written in W
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otal in Fi
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B. 400 Block of Dickson Street Site
&,11 Afa"
(Dollar9Amounc Written in Words)
e
dollars $ . fol &i27 •
(Total in Figures)
Final payment will be in accordance with Section 1200, "Methods of Measurement and
Payment."
The amount is to be shown in both words and figures. In case of discrepancy, the amount
shown in words, unless obviously incorrect, will govern.
The above price shall include all labor, materials, bailing, shoring, removal, overhead,
profit, insurance, etc., to cover the finished work of the several kinds called for.
The Bidder understands that the Owner reserves the right to reject any or all bids and to
waive any informalities in the bidding.
The Bidder understands that he can bid either the "School Avenue Site" or the "400
Block of Dickson Street Site" or both sites. The Bidder understands that the Owner
reserves the right to award separate contracts for each of the sites as indicated on the
Plans.
6. The Bidder agrees that all Work will be complete by the November 11, 1991 deadline if
the Notice to Proceed is issued by October 21, 1991.
Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the
event of failure to complete the Work on time.
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7. Communications concerning this Bid shall be addressed to the address of Bidder indicated
below.
8. The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part of the Contract Documents have the meanings assigned to them
in the General Conditions.
Submitted this
day of CL --7-7W02 , 19�.
(Seal, if bid is by corporation.)
Attest C 2 J vim//
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Respectfully submitted,
7.,x,0/ Swcf/e rz�
(Firm Name)
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Title !//GE //4rs/2e v
cfr ?AZ 444/0, 277e7
(Business Address & Zip Code)
Arkansas License No 7/-.15a 7