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HomeMy WebLinkAbout45-91 RESOLUTIONRESOLUTION NO. 45-91 A RESOLUTION APPROVING A CONTRACT WITH GOODWIN AND GOODWIN OF FT. SMITH, ARKANSAS ,FOR THE WATER SYSTEM IMPROVEMENTS CONSTRUCTION. 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 $285,309.00 plus a 5% contingency cost of $141266.00 for a total of contract price of $299,575.00 to Goodwin and Goodwin of Ft. Smith, Arkansas for construction of water system improvements to Van Asche Street, Highway 112 -Drake Street, Futrell -Gregg Streets, Hillcrest - Evelyn Hills, Crossover Road -Happy Hollow, and the South Mountain Booster Station Improvements. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of March 1 1991. APPROVED: Bya VC/W/C-11-- Ma or .zATTEST: 24-a bri) ' 7-2.r" • t(1.24~42.0.2 erk fre.7S • • • • • State of Arkansas County of Washington )) CONTRACT THIS AGREEMENT, made and entered into this ..5day of LiikezAtel, 19 eft , by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and GoOdwin & Goodwin of the City of Fort Smith, Arkansas Part, hereinafter called the Contractor. WITNESSETH THAT: , Party of the Second WHEREAS, the Owner has called for bids for the construction of Water Distribution System Improvements, as set out in the Plans and Specifications and approved by the Board of Directors of 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 Water Distribution System Improvements; NOW THEREFORE, the Contractor agrees with the •Owner to commence and complete the construction of: Water Distribution System Improvements consisting of approximately 1,675 feet of 12 inch and 11,550 feet of 8 inch water pipe, together with valves, fire hydrants, ties to existing systems, modifications to South Mountain Pump Station, and other appurtenances, which consist of all items as set out in the Bid, these Specifications and Plans No. Fy-200, including all items of work for a complete installation, for the unit and lump sum prices proposed in the Bid, all of which become and are a part of this contract, the total sum being Two Hundred Eighty -Five Thousand Three Hundred Nine and no/100 dollars ($ 285,309.00 ), 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 ten days of the issuance of the Notice to Proceed and fully complete all work necessary to place the Water Distribution System Improvements in operation and have all work completed within ninety (90) calendar days from the effective date of the Notice to Proceed. 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 ten (10) 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 contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, the sum of five hundred dollars ($500.00) 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 at 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. Goodwin & Goodwin Firm Name By CIlb afa...C>curglucuenj OcA-vroA_ Bryan Goodwin, Owner Witnesses* *(If corporation, secretary should attest.) Attest: CITY OF FAYETTEVILLE, ARKANSAS Sherry L. homas, City Clerk Fred Vorsanger, Mayor 6-3 CHANGE ORDER • (Instructions on reverse side) PROJECT: Water Plstrlbutlon System Improvements DATE or ISSUANCE: OWNER: (Name, • Address) City of Fayetteville P. 0. Drawer F Fayetteville, AR 72702 CONTRACTOR: Goodwin & Goodwin • 8009 Texas Rd. Ft. Smith, AR 72903 CONTRACT FOR: Water Distribution System Improvements OWNER's Project No. No. 1 April 1, 1991 v-200 ENGINEER: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 ENG1NEER's Project No. F v-200 You are directed to make the following changes M the Contract Documents. Description: Add 160 L.F. of steel casing for 3 highway crossings, provide for credit for furnishing stainless steel sleeve in lieu of ductile iron, provide for sleeve at 4 locations shown to col -in on plans and add fire hydrant near Evelyn Hills. Purpose of Change Order: Highway 812 was not ident if ied as highway on plans. ( 1 ine No. 1) Attachments: (List documents supporting change) Attachment No. 1 CHANGE 114 CONTRACT PRICE: Original Contract Price $ mc,inchnn Previous Change Orders No to No s None CHANGE 114 CONTRACT 1 INIE: Original Contract Time QO AnyS sys 0I dolt Net change from previous Change Orders 0 days Contract Nice prior 10 11111 Change Order Contract Time Prior to this Change Order $ 285.309.00 dayc dor ee deo Net increase (ctemensr) of this Change Order Net Increase (decrease) of this Change Order $ 12,670.00 0 dope Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 297.979.00 RECOMM t DED: APPROVED: erne(' CDC No. 1910-8-11 (1983 Edition) 90 days daylionhle APPROVED: rtermed hv lile Forineeri• Point Contract Document; Committee and canned by The AllOciaterf Dented Conlenctors of Americo. WATER DISTRIBUTION SYSTEM IMPROVEMENTS ATTACHMENT TO CHANGE ORDER NO. 1 Fy-200 April 30, 1991 Bid Item 4 16" steel casing at $85.00 L.F. (The Chip roads on (1 of A is identified as Arkansas Highway 812 and must be bored) 8" Gate Valve at $525.00 (Replaced by tapping sleeve and 6" Gate Valve at $400.00 (Replaced by tapping sleeve and valve) valve) 8 Reduction in cost to furnish and install 24 x 8" stainless steel tapping sleeve and valve in lieu of ductile iron long body as specified. Reduction in cost to furnish and install 12 x 8 " stainless steel tapping sleeve and valve in lieu of ductile iron long body as specified 9A Add bid item for 8" x 6" stainless steel tapping sleeve at $1,250 ea. 98 Add bid item for 6" x 6" ductile iron long body sleeve at $1,250 ea. 11 Fire hydrant assembly 1250.00 each (Added east of Evelyn Hills) 13 Crush stone base $300/LF (Saving where bores made) 14 Asphaltic concrete repair $37 S.Y. (Where bores made) 16 Ties to existing system $500 each (Payment not made under this item where tapping sleeve and valves used) Net increase this change order Increase Decrease Add 160 13,600 Delete 2 Delete 3 Add 2 Add 3 Delete 100 Delete 50 Delete 5 2,500 3,750 1,250 1,050 1,200 920 280 300 1,850 2,500 $19,850 7,180 $12,670 • .-. FAATETTENTILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Board of Directors THRU: Scott Linebaugh, City Manager FROM: City Engineer SUBJECT: Award of Construction Contract Water System Improvements DATE: February 1, 1991 Bids were opened on January 9th, 1991 for the construction of certain water system improvements in Fayetteville. There were ten (10) bidders on the project. Attached is a Bid Tabulation and also a letter from McGoodwin, Williams, and Yates recommending award of the Construction Contract to the low bidder, Goodwin and Goodwin of Fort Smith, Arkansas. The Water System Improvements Project includes: 1. Van Asche Street, (8") 2. Hwy 112 -Drake Street, (8") 3. Futrall-Gregg Street, (12") 4. Hillcrest -Evelyn Hills, (8") 5. Crossover Rd -Happy Hollow, (8) 6. South Mountain Booster Station Improvements All of these projects are recommended as immediate improvements in the Water System Study by McGoodwin, Williams, and Yates and are included in the 1990-1994 Capital Improvement Plan and in the 1991 Budget as a rollforward. The primary purposes of the projects are to increase fire flows in the immediate areas of the improvements and to generally improve the networking of lines within the water system. It is the recommendation of the Staff that the bid of Goodwin and Goodwin be accepted and that• the Board of Directors authorize the Mayor and City Clerk to execute a construction contract in the amount of $285,309.00. It is also the recommendation oft5the Staff that the Board approve a 5 percent change order contingency for a total approved amount of $299,574.45. 145-97 SPECIFICATIONS AND CONTRACT DOCUMENTS WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS Plans No. Fy-200 October 1990 McGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS 0 1990 McGoodwin, 1MMams and Yates 1 1 1 1 1 1• 1 1 1 SPECIFICATIONS AND CONTRACT DOCUMENTS WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS Plans No. Fy-200 October 1990 McGOODWINI WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS © 1990 McGoodwin, Williams and Yates 1. 1 1. 1 1 1. 1 1 1 TABLE OF CONTENTS Section Advertisement for Bids Instructions to Bidders 2 Arkansas Wage Determination 4 Bid 5 Contract Agreement 6 Performance Bond and Payment Bond 7 Standard General Conditions of the Construction Contract Supplementary Conditions TECHNICAL SPECIFICATIONS Division 1 General Requirements Project Requirements 100 Testing 120 Schedules 140 Use of Explosives 150 Storage and Handling of Materials 160 Division 3 Roads, Drives, Parking Areas, Sidewalks, and Curb and Gutter Crushed Stone Base SB -2 300 Pipe Bedding Material 310 Division 4 Pipe and Pipe Laying Clearing Rights of Way, Cutting and Rebuilding/Repairing Fences 400 Surface Pemoval 401 11 Section 1 1 1 1 1 1 Water Line Pipe - General 406 Ductile Iron Pipe and Fittings for Water Lines 411 Polyvinyl Chloride (PVC) Pipe and Fittings for Water Lines 412 Polyethylene Encasement for Ductile Iron Pipe, Fittings and Appurtenances 413 Gate Valves and Butterfly Valves 450 Pipe Protection Cover and Compacted Backfill 461 Flushing, Hydrostatic Testing, Disinfection and Dynamic Testing of Water Lines 462 Fire Hydrants 472 2 Inch Blowoff 475 Pipeline Cleanup, Seeding and Sodding 487 Arkansas State Highway Crossings 490 City Street Crossings 491 Street Overlay, Driving Surface, Sidewalk and Curb and Gutter Repair 495 Division 5 Concrete and Reinforcing Steel Concrete 503 Division 11 Electrical Electrical - General 1100 Conduit 1105 Electrical Wire 1110 Control Relays 1114 Electrical Service 1120 Service Entrance Equipment 1.121 Variable Frequency Drive 1125 Starter and Controls 1126 Current Isolators 1144 Nameplates/Labeling 1150 Standby Power Generator 1151 Automatic Transfer Switch 1152 Division 12 Payment Methods of Measurement and Payment 1200 ji ( ADVERTISEMENT FOR BIDS NO. 90-74 City of Fayetteville, Arkansas Notice is hereby given that, in pursuance to an order of the Board of Directors of the City of Fayetteville, Arkansas, sealed bids will be received until 11:00 a.m. on January 9, 1991, for furnishing all tools, materials and labor and performing the necessary work for construction of Water Distribution System Improvements. At this time the bids received will be publicly opened and read aloud in Room 111 of the City Administration Building. The work generally consists of: . Water Distribution System Improvements consisting of approxi- mately 1,675 feet of 12 inch and 11,550 feet of 8 inch water pipe, together with valves, fire hydrants, ties to existing systems, modifications to the South Mountain Pump Station, and other appurtenances as are necessary for a complete project. Plans and specifications are on file in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. Copies of these documents may be obtained from the office of said engineers upon the payment of $25.00 for plans and $25.00 for specifications, a total of $50.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Each bid must be accompanied by an acceptable statement of bidder's qualifications. The requirements of the bidder's statement of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of proposal guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official proposal sheets contained in the specifications, and such proposal sheets shall not be removed from the remainder of the• contract documents. All bids shall be sealed and the envelopes addressed to and delivered to the Purchasing Officer, City of Fayetteville, 113 West Mountain, Room 307, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is Bid No. 90-74 for construction of Water Distribution System Improvements, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The Board of Directors reserves the right to reject any and all bids and to waive any informalities• in the proposal deemed to be in the best interests of 1-1 the Board. The Board further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Dated this 12th day of December Northwest Arkansas Times: , 1990. /s/ Peggy Bates Peggy Bates, Purchasing Officer Publish December 19, 1990 and January 2, 1991. 1-2 1 1 1 1 1 1 1 1 1 11 INSTRUCTIONS TO BIDDERS /I 11 1 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 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 deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. 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 with his Bid the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted with and attached to Bid.) 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. cbcoj(.,)In 2) Permanent main office address. -rrbic 70A1 rot r Smirk/ Are 3) When organized. 680 4) If a corporation, where incorporated.w) 2-1 Instructions to Pidders 5) How many years have you been engaged in the contracting business under I/ your present firm or trade name? to L115 6) Contracts on hand. (Schedule these, showing amount of each contract and j the appropriate anticipated dates of completion.) 64- 'scot,' Waal # aozio 94=b 049) qc,tot Pei A ( fl 5 -4 nao4y1 7) General character of work performed by your company. 11 items 3td,nc1 (KAt(itale R.96416.,wa r; UhciT1 cmin, 8) Have you ever failed to complete any work awarded to you3t10 9) Have you ever defaulted on a contract? If so, where and why?Ao 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and yearaocompleted. I/ Voln (244:Ak cek sn&) orCAi l&ttt /em/ 3uiLiNA0A-N 9-,Got•ctolloo - 11) List your major equipment available for this contract. Tencr- Fke/pomp ocrs 31/4..thbOs/ottid-r9 70.1co 12) Experience in construction Of water system improvements 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. 40(11.5 14) Credit available: $ 1-50700- 11 15) Give bank reference:CaLitikTiLW042444-„, firs-Tgilibreafitt mp/c4.4.477-1/?).04* 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? kasva___ 11 Dated at - 17( this iltd1/7 day of JAIL , 19 F/ I/ Name of Organization: atieh)e:, -gtodemee,, BY 08,44-st-rfaea.. 111 Title State of ) II County of_e444.,;6_: ) _ aVind 6041,-(4ctiL being duly sworn deposes and 11 says that he (she) is the 00•04•6--‘._ Of Gtal a lo r n a_., 6g70.4.Lok." , Contractor(s), and that answers to the foregoing 11 2-2 Instructions to Bidders questions and all statements therein contained,are true and correct. Subscribed and sworn before me this C? My commission expires (Seal) day of • Notary Public-a- reict_ :1Av 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 2-3 Instructions to Bidders and data furnished to Owner and Engineer by owners of such Underground Facilities or others, 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 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 for 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 any 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 less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by 2-4 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 i Instructions to Bidders formal written Addenda wilj.be binding. Oral and other interpretations or clarifications will be without legal effect. 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 meetinj the requirements of paragraph 5.1 of the General Conditions. The bid security shall be placed in a marked, sealed envelope and securely fastened to the outside of the sealed Bid. 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 2-5 Instructions to Bidders 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. 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 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 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the 2-6 1 1 1 1 1 1 1 1 Instructions to Bidders place where Bids are to be submitted at any time prior to the opening of Bids. 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 non-responsive) 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, 2-7