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HomeMy WebLinkAbout46-91 RESOLUTION• 4 • • fr • MI 'NM smi,a RESOLUTION NO. 46-91 A RESOLUTION AUTHORIZING THE AWARD OF BID 90- 18 TO MCCLINTON ANCHOR FOR THE 1990 OVERLAY PROJECT. 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 $685,389.00 with McClinton Anchor for 1990 Overlay Project on various city streets. 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. % • A • tATTEST: City ••' SaL • - %de erk 'en; e•›„y - /- •fry- • jrri 4 • fitne\-a‘ .. APPROVED: Mayor • Certificatecof Insurance THIS CERTIFICATE IS.ISSUED AS A MAUER OF INFORMATION CVO/ AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE °OVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY United Service Agency, Inc. Post Office Box 11765 Lexington, Kentucky 40577 NAME AND ADDRESS OF INSURED APAC-Arkansas, Inc. . McClinton -Anchor Division 240 North Block P. O. Box 1367 Fayetteville, Arkansas 72702 COMPANY COMPANIES AFFORDING COVERAGES LETTER A Insurance Company of North America Pacific Employers Insurance Company Atlantic Employers Insurance Company This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. COMPANY LETTER A A A C - TYPE OF INSURANCE GENERAL LIABILITY EimgmmNEmg COMPREHENSIVE FORM PREMISES—OPERATIONS EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY AUTOMOBILE LIABILITY COMPREHENSIVE FORM OWNED HIRED NON -OWNED EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERSLIABILITY POLICY NUMBER LAB 26606 LAB 26606 RSCC23575024 RSCC23575498 WLRC24243448 RSCC36209318 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES - 1990 Overlay Program for Fayetteville City Streets POLICY EXPIRATION DATE 12-1-92 12-1-92 12-1-91 Limits of Liability in Thousands MC • EACH POLICY OCCURRENCE AGGREGATE PERSONAL INJURY INCLUDING BODILY INJURY) PROPERTY DAMAGE $ PERSONAL INJURY, BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY (EACH PERSON) $ 1,000 $ 1,000 BODILY INJURY (EACH OCCURRENCE) PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE $ 1,000 COMBINED BODILY INJURY AND PROPERTY DAMAGE $ COMBINED STATUTORY $ 1,000 EACH ACCIDENT) Cancellation: Should any of the akgye described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 00 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville 113 W Mountain Street Fayetteville, Arkansas 72701 99343 (11/90) ' DATE ISSUED: February 26, 1991 Jk • 404-67a/XL) AUTHORIZED REPRESENTATIVE POWEROF ATTORNEY • Insurance Company of North America a CIGNcompany 253955 . Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth en .. of Pennsylvania; having its principal office'in the City Si Philadelphia, Pennsylvania, pasuant to the following Resolution adopted by the Board of - •Directors of the said Company on December 5, 1983. to wit: • - ,*: "RESOLVED. That pureuerd to Arne's' 3.16 and 5.1 of th• Illy-L•wa. Me lollowing Rules shall govern the emscution lor he Company of bonds, underl•kings, recognmioncta conlfacts and other1. writings In the n•lura Morsel: , .,- . .. ..... . - . , • • . (1) . Z./. Thel th• President. tiny Sianior Vice President. eny Vice PrOffickant, -any Assicant Vice President. or any Attofrintin-Faci, may •xecut• tor and on behalf of the Compeny any •nd MI bonds, undertakings. recogninnces, cordraCte and other writings in the °alma temreol.th• same to be el -Mated when nec•saary by the Corporate Secretary. of any Assistant Corporste Secrolary. fowl th• • imam a% CoMpany slimed thereto: and lhat Ina PratiOent. any Senior ',ea Preffident. any Vic• Pr• 'Went or any Assistant Vice President may appoint end authorix• any other Officer (•lecte0 or oppoimaa) ot th• Comp•ny; and Atlomeyain-Fact to so issecut• or sliest to the nem/lion of all such writings on behalf ot the Company and to elfin th• seal of the Company thereto. ... ... . . .•, Any such writing melded M accordance with the• Ruin ehall be as binding u/30n the Company in any came es thOstgh signed by the President and attested fo by the Corporate Secretary. Th• signeture of the Primident, or 1 Senior Vic• President. or a Vies President, or an Assistant Vic• President and the seal of me Company may be effixed by lenient -le on any power of attorney granted pursuant lo this Resolution. end the signature of a certifying Officer and Me seal of the Comp•ny may be MIMS by lanai -mg* lo any cerlifit•le ol any such power. •no any such power Or cerlificete bearing such lacsimile sign•lure end 1411 shell be valid and thnchng on tha Company. • • M- - ' Such other Officers 01 the Company. and AttOtnaytin•PeCi shell have authority to certify Of verily copiee of this Resolution, ihe Bylaws 01 the Company. end any efflOanit or tecoto of PM Company AlKen•OOY lo MP di/Inert!. of Mair (Pitied J % 15/ The plitiage of this Roolution does:not revoli• any other authority gr•ntea by Resolution,. Of Ihe Bond of Dir•cton sainted on Jun• 9. 1953, May 26, 1975 and March 23. 1977 " does hereby nominate, constitute and appoint DONALD R. HENDERSON, JUDY FRANKS BUTLER, and MARY GARDNER, all of the City of Litele Rock, State of Arkansas its true and lawful agent and attorney-in-fact, to make. execute. seal and deliver for and on its behalf, and as its act and deed any and all Bonds and Undertakings, LIMITED in amounts, TWENTY FIVE MILLION ($25,000,000.) on•behalf of APAC-Arkansas, Inc. and APAC-Mississippi, Inc., and APAC-Tennessee. Said Bonds and Undertakings to be signed for the Company and the Seal of the Company attached thereto by any one of the said Donald R. Henderson, Judy Franks Butler, and Mary Gardner, individually.. And -the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said R. E. Giveans, Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 19th day of August 19 90 . >. C C a) E---* s o (s-E3L)---;.tA, 5 _ -- \-iY :- • 1.../ 1, he1).51ersign•gf unary ok.1NSURANCE COMPANY OF NORTH AMERICA, do hereby certify which the foregoir6i**1:( €0Norrect copy. is in full force and effect. , In witnessb.41101391IIII nee v hereunto subscribed mm y• nae as Secretary, and .affixed ,the,. t 5th day ofMARCH COMMONWEALTH OF PENNSYLVANIA . - COUNTY OF, PHILADELPHIA SS 19th. August- • On this - day of .,•• A.D. 1990: before the subscriber, a Notary Public of the Commonwealth of Pennsylvania in arid for the County of Philadelphia .duly commissioned and qualified, came R. E. Giveans. Vice - President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described -in. and who executed the preceding instrument, and he acknowledged the execution.of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the cog:lc:irate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority -and directiwthiskojpcorporation, and that Resolution, adopted by the Board of Directors of said Company. referred to in the preceding o INSURANCE instrUI— Rr COMPANY OF NORTH AMERICA R E GIVEANS. Vice Presioenz firefabo ritten. OF H613E0F, I have hereunto set mv hand anal of KN. v d rny cm NOTARIAL SEAL - JULIA ANNA ROHANA. Notary Philadelphia, Philadelphia County My Commission Expires August 20, 199-t seal at the City of Philadelphia 'he day and year IA1-11--at-sta. otary Public . • .... THIS POWER OF ATTORNEY MAY NOT BE USED TO-EiECUTE ANY BOND 'WITH:AN INCEPTIONICATE,AFTERHVIIRLISi 191;:, 1992 , • • that the original POWER OF ATTORNEY, of corporate seal coLthe Cbrporation. this 9."1.1r1 ..... C‘er:15611 94S''jbm. 21-v•-•11 ")>7/ .Jeritas - • Sedgwick James Sedgwick James of Arkansas, Inc. • 900 S. Shackletord Road, Suite 600, PO Box 511 Little Rock, Arkansas 72203-0511 Telephone (501)223-3111. Telex 536249, Facsimile (501) 223-8461 ARKANSAS STATUTORY PERFORMANCE & PAYMENT BOND We APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION as Principal, hereinafter called Principal, and INSURANCE COMPANY OF NORTH AMERICA , as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FAYETTEVILLE , ARKANSAS as Obligee, hereinafter called Owner, in the amount of SIX HUNDRED EIGHTY FIVE THOUSAND THREE HUNDRED EIGHTY EIGHT AND 75/100Dollars ($ --- 685,388.75 for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents: Principal has by written agreement dated entered into a contract with Owner for 1990 STREET OVERLAY PROGRAM FAYETTEVILLE , ARKANSAS which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if the principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the 'Owner may incur in making good any such default, and futher, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priori- ty, then this obligation shall be null and voU; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after twelve months from the date final payment is made on the contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety .or Sureties, or either or any of them, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein -This tondls-given in compliance.with-act 351 of.-1953-es.amended. Executed orLthis 5th t - Imo - • -.••• 41 eft • — e .7 E ttt . day of MARCH 19 _91._n -AFAC-ARICAN SAS, INC . 14c C5IANTONANeHOR DIVIScONz -principal- By Mead eA61-05i.. RE -ORDER - ARK GRAPHICS. INC.. P.O. BOX 34080, LITTLE ROCK. AR 72203-4080 INSURANCE COMPANY OF NORTH AMERICA Su y th‘a-7 By ttorney-in-fadt- Franks Baler 3.1.! .frt-fl 04- t 1 1 1 1 1 1• 1 1 1 1, E-270 mr- • 1990 OVERLAY PROGRAM .FOR FAYETTEVILLE CITY STREETS PROJECT No. E-272 CITY OF FAYETTEVILLE, ARKANSAS BID No. 90-58 DECEMBER, 1990 CITY OF FAYETTEVILLE: • ENGINEER: Don Bunn ADDRESS 0 113 W. MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 TELEPHONE: (501) 575-8206 MILHOLLAND COMPANY Engineering & Surveying 205 West Center Street Fayetteville, Arkansas 72701 Telephone: (501) 443-4724 TO • MILHOLLAND ENGINEERING & SURVEYING 205 West Center Street FAYETTEVILLE, AR 72701 (501) 4434724 ern OF FAVErTEVII 1 g- 03 W. Moun-fairi rouyetkville, 72. 70/ WE ARE SENDING YOU 'IL Attached 0 Under separate cover via O Shop drawings O Copy of letter o Prints 0 Plans O Change order 0 [LETTER e6c nAFRThuoTTArL A TTE .eClerk_ , RE : 0 Dinky Projranes, ad Dern nie4kt r OR 16 ut/A-LT 1"9 272 the following items: 0 Samples t_Specifications COPIES DATE NO. DESCRIPTION / ilcoctio (- icoo overktv Procirain 4V givgielemik Sfreeis VRid Mcutnenis)f TI1ESE ARE TRANSMITTED as checked below: O For approval 0 Approved as submitted For your use 0 Approved as noted O As requested 0 Returned for corrections O For review and comment 0 O Resubmit o Submit El Return copies for approval copies for distribution corrected prints O FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS The,hid dtruenemis ort hejrn sub/nil/0 oh saJd projkt, r 4/71°- C-Onfin 614 1/4 be -I signed car) be. or 4riery assislance, please. rill/ COPY TO -f4le MEOW 2413 f,ve3gJfrsQtI Ron 01411. SIGNED:Pa 41 0 enclosures aro not as noted, kindly notify us at once. ADVERTISEMENT FOR BIDS Notice is hereby given that pursuant to an order by the CITY OF FAYETTEVILLE, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 10:00 a.m. Local Time, December 21, 1990, for the furnishing of all tools, materials, and labor and the performance of all necessary work in Fayetteville, Arkansas, consisting of: BID No. 90-58 1990 STREET OVERLAY PROGRAM PROJECT No. E-272 All necessary work, materials, and every item of construction shall be in accordance with the plans, profiles, and specifica- tions as approved by Public Works Department, City of Fayette- ville, and Health Department. Said plans and specifications are• on file in the office of the Engineer, MILHOLLAND COMPANY, Engi- neering and Surveying, 205 West Center, Fayetteville, AR 72701. Copies may be obtained from the office of said engineer upon the payment of $150.00 dollars. Unsuccessful bidders or non -bidders will be refunded $25.00 upon the return of undamaged plans and specifications within ten (10) days after the date of receiving bids. Each contractor shall be responsible for the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves with all conditions to be encountered. All bidders shall be licensed under the terms of Act 150 of the 1965 4pts of the Arkansas Legislature. 1 Each bid must be accompanied by a cashier's check or surety bond in an amount equal to five percent (5%) of the whole bid. Said bond shall be issued by a surety company licensed to do business in the State of Arkansas. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds within ten (10) days from and after the date the award is made, the Owner shall retain said check orrbond as liquidated damages. All bids shall be sealed and the envelope addressed to the Owner, CITY OF FAYETTEVILLE, PURCHASING OFFICE, CITY HALL, 113 WEST MOUNTAIN STREET, FAYETTEVILLE, ARKANSAS, and marked on the lower left side of the bid envelope shall be the following information: Project name, date of bid opening, time of bid opening, bidding contractor's name and licensed number, and subcontractor's name and license number, if any. E-272 1 1 1 1 1 1 1 1 1 1 1 1• 1 1 1 1 1 1 1 1 ADVERTISEMENT FOR BIDS • Bids will be opened and read aloud at the City Hall, Room No. 111, and shall be considered by the Owner, as may be necessary. The right to reject any and all bids, to waive any informalities, and to negotiate with any qualified bidder after bid opening, shall be reserved to the discretion of the Owner. No bidder may withdraw his bid within thirty (30) days after the actual date of the bid opening. • 3/4 E-272 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids: the City of Fayetteville, Arkansas, (herein called the "Owner"), invites bids on the form attached hereon, all blanks of which must be appro- priately filled in. Bids will be received by the Owner at the Purchasing Office of the City of Fayetteville, until 10:00 a.m. December 21, 1990, and then be publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to the Owner, c/o Milholland Company, and d esignated as bid for CITY STREETS - 1990 OVERLAY FAYETTEVILLE, ARKANSAS PROJECT NO. 90-58 The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive an informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid ✓ eceived after the time and date specified shall not be considered. No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. The Owner ✓ eserves the right to decide which shall be deemed the lowest responsive and responsible bid. The bidder's reputa- t ion, financial ability, experience, and equipment shall be g iven due consideration. 2 Preparation of Bid: Each bid must be submitted on the pre- scribed form and accompanied by a performance record of the bidder regarding construction projects of similar nature (minimum 3) and also include the proposed subcontractor. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing performance record must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the names and license numbers of the bidder and the proposed subcontractor, addresses, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be e nclosed in another envelope addressed as specified in the bid form. E-270 INFORMATION FOR BIDDERS The Engineer's estimate of quantities is approximate only, and shall be the basis for receiving unit price bids for each item but shall not be construed by the bidders as act- ual quantities required for the completion of the proposed work. Such quantities, however, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of bids and the evaluation of the best bid for the purpose of awarding of the contract, and will be used as a basis for fixing the amount of the required bonds. A copy of the project's proposal forms may be obtained as provided in the Advertisement for Bids. All papers bound with or attached to the proposal forms are necessary parts thereof and must not be detached. B ids which are incomplete, unbalanced, conditional, or 4scure, or which contain additions not called for, era- sures, alterations or irregularities of any kind, or which d o not comply with the Information for Bidders may be rejec- ted as informal at the option of the Owner. However, the Owner reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of the Owner. Unit Price Bids: Bidders shall insert a unit price for each item of work listed in the Engineer's estimate of quantities o f work to be done. Unit prices shall include amounts suf- ficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description, to construct, e rect, and completely finish all of the work as called for in the specifications and shown in the plans. Unit prices bid and totals shown in the Proposal shall include all costs o f material testing, subgrade, base, paving materials, and all other construction materials. •The price bid for each item must be stated in figures and in words on the bidding forms. In case of a difference in the written words and figures in a Proposal, the amount stated in the written words shall govern. All items in the Proposal shall bear a fair relationship to the cost of the work to be done. Bids which appear unbal- anced and deemed not to be in the best interest of the Owner may be rejected at the discretion of the Engineer and/or the Owner. E-270 INFORMATION FOR BIDDERS 3. Subcontracts: The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract - a. Must be acceptable to the Owner after verification by the Engineer of a good current performance record; Must be licensed in the State of Arkansas to do con- struction work; Must have previously peformed local projects of similar nature and type as the proposed project in a profes- sional and satisfactory manner. i Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcontractor has submitted the evidence showing that it has fully complied with all reporting requirements to which it is or was subject. The general contractor will be required to furnish the names o f subcontractoYs and the amounts of their subcontracts as ✓ equired by Act 183, Arkansas Acts of 1957. The subcontrac- tor's name and license number shall appear on the outside of t he sealed envelope. Subcontractors must be licensed accor- d ing to the laws of the State of Arkansas. .0 4 State Licensing Laws: Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts o f 1965, the "Arkansas State Licensing Law for Contractors". B idders who submit proposals in excess of $10,000.00 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of the proposal. 5 Telegraphic Modification: Any bidder may modify his bid by t elegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time, and provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing t ime. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. -E-270 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INFORMATION FOR BIDDERS _ 6. Vpthod of Bidding: The Owner invites the following bid(s): 1990 OVERLAY PROGRAM FAYETTEVILLE, ARKANSAS PROJECT NO. 90-58 7 Qualifications of Bidder: The Owner may make such investi- gations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to ✓ eject any bid if the evidence submitted by, or investiga- t ion of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of t he contract and to complete the work contemplated therein. Conditional bids will not be accepted. Each bidder, if requested to do so by either the Owner or the Engineer, shall furnish satisfactory evidence of his competency to perform the work contemplated. The Owner ✓ eserves the right to reJect a bid if the bidder has not submitted, upon request, a statement of his qualifications prior to the date of the opening of bids. The Contractor shall not assign or sublet all or any part of this contract without the prior written approval of the Owner nor shall the contractor allow such subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as may be ✓ equired. The approval of each subcontract by the Owner will in no manner release the contractor from any of his obligations as set out in the plans, specifications, con- t ract, and bonds. Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the work, together with samples, which may be subjected to the tests provided for in these specifications to determine their quality and fitness for the work. E-270 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INFORMATION FOR BIDDERS 8 Bid Security: Each bid must be accompanied by cash, certi- fied check of the bidder, or a bid bond prepared on the form o f bid bond attached hereto duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks, or bid bonds will be returned to all except the three lowest bidders within three days after the opening o f bids, and the remaining cash, checks, or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or if no award has been made athin 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. 9. Liquidated Damages for Failure to Enter into Contract: The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. 10. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the proJect with 120 calendar days thereafter. B idder must agree also to pay as liquidated damages, the sum o f $250.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. When inclement weather prohibits proper Construction Procedures and/or quality, the project construction shall be shut down u ntil proper weather conditions permit, at which time a "Notice -To -Proceed" will be issued by the Engineer. 11. Conditions of Work: Each bidder must inform himself fully o f the conditions relating to the construction of the pro- ject and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all materials and labor necessary to carry out the provisions of his contract. Insofar as possible, the con- tractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interfer- e nce with the work of any other contractor. 12. Addenda and Interpretations: No interpretation of the mean- ing of the plans, specifications or other pre-bid documents will be made to any bidder orally. E-270 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INFORMATION FOR BIDDERS Every request for such interpretation should be in writing, •addressed to MILHOLLAND COMPANY, Engineering & Surveying, 205 West Center, Fayetteville, AR 72701, and to be given consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt • requested to all prospective bidders (at the respective add- ✓ esses furnished for such purposes), not later than three • (3) days prior to the dated fixed for the opening of bids. Failure of any bidder to receive any such addendum or inter- pretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall •become part of the contract documents. 13. Security for Faithful Performance: Simultaneously with his delivery of the executed contract, the contractor shall fur- n ish a surety bond or bonds as security for faithful perfor- mance of this contract and for the payment of all persons • performii4g labor on the proJect under this contract and fur- n ishing'Materials in connections with this contract, as spe- cified herein. The surety on such bond or bonds shall be duly authorized by.a surety company satisfactory to the Owner. 14. Power of Attorney: Attorneys -in -Fact who sign bid bonds or contract bonds must file with each bond a certified and e ffectively dated copy of their Power of Attorney. 15. Notice of Special Conditions: Attention is particularly called to those parts of the contract documents and specifi- cations which deal with the following: a. Inspection and testing of materials. b. Insurance requirements. c. Wage rates. d . Stated allowances. E-270 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INFORMATION FOR BIDDERS 16. Laws and Regulations: The bidder's attention is directed to the fact that all applicable Federal and State laws, munici- pal ordinances, and the rules and regulations of all author- ities having jurisdiction over construction of the proJect shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. Applicable laws and regulations the contractor and subcontractor shall comply with and be familiar with are as follows (but not limited to): a. Wage and Labor laws. b. State unemployment compensation. Act 74 - Amend Act 275 of 1969 (Arkansas Statute 14-630). d . Withholding State and Federal Taxes. e . Anti -kickback Act of June 13, 1934, 40 U.S.C. 276 (c). f. Equal opportunity provisions. g . Act 125 - Arkansas Acts 1965. The contractor shall comply with all such laws and regula- tions and any amendments or modifications made thereto and shall include all such provisions with all subcontracts. The contractor shall abide by all Federal, State, and local laws governing labor. The contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensations Act, and the con- tractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are ✓ equired under and by virtue of the provisions of said Act. Minimum wage rates shall be equal to basic rates as estab- lished by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the contract documents, the 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 $75,000.00, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Statute 14-630). The •provisions are summarized below. E-270 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 •- INFORMATION FOR BIDDERS The contractor and subcontractor shall: a. Pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Depart- ment of Labor. P ost the scale of wages in a prominent and easily acces- sible place at the site of the work. • Keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which ✓ ecord shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its o fficers, and agents. The Owner shall have the right to withhold from amounts d ue 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 ✓ ates of wages received by such workmen. If it is found that any workman employed by the contractor o r a subcontractor has been or is being paid a rate of wages lie ss than the rate of wages required by this contract, the .1 Owner may, by written notice to the contractor, terminate his right to proceed with the work or such part of the work as to which there has been a failure to pay the required wages and to prosecute the work to completion by contract Or o therwise, and the contractor and his sureties shall be liable for any excess costs occasioned thereby. The contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to e mployees, whether such employees are residents or nonresi- dents of Arkansas. When provided for in the specifications, the contractor shall comply with the regulations of the Secretary of Labor made pursuant to the Anti -kickback Act of June 13, 1934, 40 U.S.C. 276(c), and any amendments or modifications made thereto and shall see that such provisions are included in all subcontracts. A copy of such provisions is included hereinafter in these specifications. E-270 8 1 1 INFORMATION FOR BIDDERS Where Federal funds are used to pay a portion of the cost of a project, the prospective bidder will be required to comply with the provisions of Title VI of the Civil Rights Act of I. 1964 and Executive Orders 11246 and 11375, and, where appli- cable, shall include such provisions in subcontracts or pur- chase orders. Further, certain construction contracts are subject to compliance with Minority Business Enterprise requirements. Where provided for in the specifications, the contractor, as a part of his bid, shall complete forms rela- tive to compliance, or participation with the above. The attention of all bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for pay- ment for certain taxes on materials and equipment brought 1 into themstate. It further provides for methods of collect- ing saidtaxes. All provisions of the act will be complied with under this contract. 17. Insurance: guring the life of this contract, the successful bidder shall carry insurance as hereinafter set out. Also, 1 he shall require all of his subcontractors to carry insur- ance as outlined below, in case they are not protected by the policies carried by the prime contractor. Insurance companies underwriting the required insurance shall be licensed in the State of Arkansas. 1 Insurance is to be approved by the Owner. If any insurance contracted for becomes unsatisfactory or unacceptable to the Owner after the acceptance and approval thereof, the con- tractor shall promptly, upon being notified to that effect, execute and furnish acceptable insurance in the amounts herein specified. Upon presentation of acceptable insur- ance, the unsatisfactory insurance may be canceled at the 1 discretion of the contractor. The contractor shall have his resident insurance agent sub - 1 mit to the Owner, through the Engineer, a schedule of insur- ance policies proposed to be furnished, which shall be approved before certificates of insurance and/or policies are issued. Once the Owner has concurred •in the proposal of insurance coverage, the contractor shall then furnish to the Engineer, in the name of the Owner, certificates of insur- ance for the following: 1 • E-270 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INFORMATION FOR BIDDERS a. Workmen's Compensation: Workmen's Compensation, as ✓ equired by the laws of the state in which the work is being done, shall be furnished. In case any hazardous occupations are required for the execution of the work which are not covered by the above insurance, special e mployer's liability policies shall be obtained to cover workmen engaged in such hazardous occupations. b. Contractor's Public Liability Insurance and Property Damage Insurance: This insurance shall provide bodily injury of $100,000.00 for each person and $500,000.00 for each accident, and property damage of $500,000.00 for each accident. This insurance shall be endorsed to cover explosion, collapse and underground hazards, and blasting. Motor Vehicle Public Liability and Property Damage Insurance: This policy shall provide bodily injury of $100,000.00 for each person and $500,000.00 for each accident; and property damage of $500,000.00 for each accident. Owner's and Engineer's Contingent Protective Liability Insurance: The contractor shall indemnify and save harmless the Owner and Engineer from and against all losses and claims, demands, payments, suits, actions, ✓ ecoveries, and judgments of every nature and descrip- tion brought or recovered against them by reason of the work, in the guarding of it, and construction staking. The contractor shall obtain in the name of the Owner and Engineer (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $500,000.00 property damage and $100,000.00 bodily injury limits, and with such pro- ✓ isions as will protect the Owner and Engineer from con- tingent liability under this contract. e. Builder's Risk Insurance: ( ) Optional [ 1 Required The contractor shall procure and maintain, during the life of the contract, builder's risk insurance (fire, lightning, extended coverage, vandalism, and malicious mischief) on the insurable portion of the project on a 1001sucomp1eted value basis against damage to the equip- ment; structure, or material. The contractor, his sub - contactors, and the Owner shall (as their interests may appear) be named as the insured. E-270 10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INFORMATION FOR BIDDERS All -Risk Floater Insurance: Until the project is com- pleted and is accepted by the Owner, the contractor is ✓ equired to maintain an all-risk installation floater policy. The contractor shall submit to the Owner written evi- dence of insurance upon the entire work at the site to the full insurable value thereof, including the inter- e sts of the Owner, the contractor, the subcontractors, and any others with an insurable interest. The policy shall insure against all risk of physical damage except as modified by the contract documents and subject to the n ormal all-risk exclusions. The policy, by its own terms or by endorsement, shall specifically permit par- tial or beneficial occupancy prior to the completion or acceptance of the entire work. ge Other Insurance: The contractor is to protect the Owner 11 against all loss during the course of the contract. If, due to the nature of the project, insurance coverage o ther than that specified above is needed by the con- tractor to protect the Owner against all losses, the contractor is responsible for determining the type of insurance needed and purchasing same. 18. Performance Bond and Payment Bond: The contractor shall furnish both a surety performance bond and a payment bond, each equal to one hundred percent (100%) of the contract price. The performance bond and payment bond shall be two totally separate bonds and shall bear two different bond numbers. The contractor is to pay all expenses in connection with the o btaining of said bonds. The bonds shall be conditioned that the contractor shall faithfully perform the contract, and shall pay all indebtedness for labor and materials fur- n ished or performed in the construction and installation of such alterations and additions as prescribed in this con- tract. In Arkansas, prevailing law requires that performance and payment bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Com- missioner to represent the surety company executing said bonds, and filing with such bonds his power of attorney as his authority. The mere countersigning of the bonds will n ot be sufficient. E-270 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INFORMATION FOR BIDDERS The date of the bonds, and of the power of attorney, must not be prior to the date of the contract. At least six copies of the •bonds shall be furnished, each with power o.f attorney attached. 19. Method of Award - Lowest Qualified Bidder: If at the time this contract is to be awarded, the lowest base bid submit- ted by a responsible bidder does not exceed the amount of funds then established by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bidsgor may award the contract on the base bid combined with such deductible alternates applied in numerical order in whichAhey are listed in the Form of Bid, as produces a net amount which is within the available funds. 20. Obligation of Bidder: At the time of the opening of bids, each bidder ii11 be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document, shall in no way relieve any bidder from any obli- gation in respect to his bid. 21. Safety Standards and Accident Prevention: With respect to all work performed under this contract, the contractor shall: a. Comply with the safety standards provisions of applica- ble laws, building and construction codes, and the "Man- ual of Accident Prevention in Construction" published by the Associated General Contractors of America, the ✓ equirements of the Occupational Safety and Health Act o f 1970 (Public Law 91-596). b. Exercise every precaution at all times for the preven- tion of accidents and the protection of persons (inclu- ding employees) and property. E-270 Maintain at his office or other well-known place at the job site, all articles necessary for giving first-aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care o f persons (including employees) who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of inJured persons to a hospital or a doctor's care. 12