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19-92 RESOLUTION
NIL • • RESOLUTION NO. 19-92 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO MCCLINTON-ANCHOR IN THE AMOUNT OF $338,000 FOR THE DICKSON STREET AND SCHOOL AVENUE PARKING LOT FOR THE ARTS CENTER. 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 construction contract to McClinton -Anchorin the amount of $338,000 for the Dickson Street and School Avenue. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 4th day of February , 1992. APPROVED: . Mayor 6 ATTEST: By QNTRA¢T State of Arkansas County of Washington THIS AGREEMENT, made and entered into this 4th day of February 19 92 by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and APAC-Arkansas, Irc., McClinton -Anchor D'visicn of the City of Fayettevire, Arkansas Part, hereinafter called the Contractor. WITNESSETH THAT: , Party of the Second WHEREAS, the Owner has called for bids for Walton Arts Center Parking Lot, Phase 3: Construction - Dickson Street Site and School Avenue Site, 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 Phase 3 Construction; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic concrete surface course ga Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, irrigation system, lighting and electrical work, and all items as set out in the Bid, these Specifications and Plans No. Fy-212 dated January 1992, including all work required for a complete and acceptable installation, for the lump sum price bid In the Bid, all of which become and are a part of this contract, the total sum being Three -lundred Th=rcy-Fight Tnousanc and ro/100 dollars ($ 338.3C0.30 ), 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 6-1 • • 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. The Contractor agrees to commence work under this contract within ten days of the Issuance of the Notice to Proceed and complete all work necessary to place the Phase 3 Construction - Dickson Street Site and School Avenue Site in operation within seventy- five (75) calendar days from the date of the issuance 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. Retainage shall be withheld from the partial payments as provided by Arkansas state laws 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 farce 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 6-2 1 • • 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 falls, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for any work theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract as Its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, 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' ADAC-Arkansas, Inc. McClinton -Anchor Division Firm Name By *If corporation, secretary should attest. Attest: atm es stl• James A. Cole, Vice-Dresident CITY OF FAYETTEVILLE, ARKANSAS �/ n. c2 •�.LG,-,ve..Fred Vorsanger, Mayor Sherry L. Tfiomas, City Clerk 6-3 -o McGOODWIN, U6ILLIA'MS AND YATES, INC. Consulting Engineers 909 Rollirg Hills Drve FAYETTEV:LLE, ARKANSAS 72703 (501) 443-3404 City of Fayetteville 113 W. Mourtair. Fayetteville, Arkansas O�•� JOB . February 13, 1992. Fy-212 Phase 3 Ms. Sherry L. Thomas, City Clerk RE Walton Arts Center Parking Lot Phase 3 Construction 72701 Dickson Street & School Ave. Sites Fayetteville, Arkansas WE ARE SENDING YOU XAttached Under separale cover v a Shop crawings Prints Plans Copy o` letter Change order X 1 Jan 1992 the following Mems: Samples Specifications Contract Documents LF5t,. r -O\ City's copy of the fully -executed Specifications and Contract Documents. THESE ARE TRANSM TTED as checked below REMARKS COPY TO For approve: X Far your use/f Ile As regLested For review and commort FOR BIDS DUE ,.- Approved as submitted App•cved as noted Returnec for correcliors Resubmit Submit Return cop es 'or approval copies for distr button co•rected prints 19 PRINTS RETURNED Ar—ER LOAN '0 US SIGNED: QS� L1t-[:.. •Lt .,..C.,,t.!?5e.,(les R. Nickle, P. E. r • s. I4. I 1 I LI • .4, 4.4--;..• • .Nr -..r. ti 1'a SPECIFICATIONS Alla CONTRACT IMMINENT' WALTON ARTS- CENTER !ARIWIG.LOT -1 • • PHASE 3 - CONSTRUCTION DICKS O N STRUT SITE SCHOOL AVENUE SITE • • •• FAYETTEVILLE; ARKANSAS PLANS WSW JANUARY** • ▪ 1 .n i� • 1 ` se.. .� CONOULIMI patTINVEUL 11110111,1lanai" alp Eivi • • r i. _ 1 1 1 1 1 1 ADDENDUM NO.2 WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SiTE Fayetteville, Arkansas Plans No. Fy-212D January, 1992 I The Specifications and Contract Documents and the Plans for the above protect are hereby changed or clarified in the following particulars: I SPECIFICATIONS Section 1200 - METHODS OF MEASUREMENT AND PAYMENT ' Add the following paragraph to the last paragraph under Sid Item 1 - Lumo Sum: 1 1 1 'The Contractor's lump sum bid shall include the cost for up to 100 cubic yards of undercutting operations for both sites Any authorized underartting in excess of the 100 cubic yards shall be paid for by the Owner at a rate of $6.50 per truck (loose) yard. Undercut operations include, but are not limited to, the following: The excavation, loading, hauling and disposal of unsuitable material to the Contractor's disposal site; the loading, hauling, dumping, spreading and compacting of suitable material from the Grigg property in the previously excavated area.' 1 PLANS I Sheet 2 - GRADING & DRAINAGE PLAN - DICKSON ST. Three existing and one proposed contour have been modified and are attached ' hereto as Exhibit "C". The area modified was In the northwest corner of Jose's parking lot. ATTACHMENT 1 January 28, 1992 I McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive I Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 1 t 1 1 1 1 1 1 1 1 1 1 1 1 CONSTRUCT 4' CURB CUT h1 / • • • • • • • • 1 • • REMOVE, REQRADE AND REPLACE PAVEMENT SECTION IN KIND. SAW CUT ALL PAVEMENT. 10'-0' LANDSCAPE AND CONSTRUCTION EASEMENT N 30' 58' 50- 12.37' -- sr f — s —.0 t' •__ 10'-O'LANOSCAPE AND CONSTRUCTION EASEMENT 1 1 I t i... ` . • • ;JVDERGROUND •1 1 ::: CULVERT • • ADDENDU JOSE'S RESTAURANT FINISH FLOOR 44.83' U NO.2 WALTON ARTS CENTER PARKING LOT PHASE 3-CONSTRUCTION-DICKSON ST. & SCHOOL AVE. SITES EXHIBIT 'C' 43 1992 McGOODWIN, WILLIAMS AND YATES, INC,°Ra'"N BY ANS N0. CONSULTING ENGINEERS—FAYETTETILLE, ARK, I S.A.K. I PI FY -212D ADDENDUM NO. 1 WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE Fayetteville, Arkansas Plans No. Fy-212D January, 1992 The Plans for the above project are hereby changed or clarified in the following particulars: FLANS Sheet 2 - GRADING & DRAINAGE PLAN - DICKSON ST. On the drainage system, change pipe sizes shown between structures 1112413, *948, and 11647 from 12* to 15" as Indicated In the pipe schedule. Sheet 3 - SITE & LAYOUT PLAN - DICKSON ST. At the entrance to West Avenue on the left side of the sheet change the sidewalk width of "5 ft." on the north side of the entrance to "13 ft.±" and add 34 S.Y. to the sidewalk quantity. Also on the south side of the same entrance delete the 22.48 feet of 5 foot sidewalk thus reducing the sidewalk quantity by 12.5 S.Y. Provide handicap ramps on both sides of the entrance. Sheet 4A - GRADING AND DRAINAGE PLAN - SCHOOL ST. The drainage system shown at the southwest comer of the site shall be revised as per "EXHIBIT A" and "EXHIBIT B" attached hereto. Sheet 5 - ELECTRICAL & LIGHTING PLAN - DICKSON ST. On the lower right hand corner of the page, add the following to the notes: "5) All electrical conduit in paved areas shall be bedded and backfilled with sand or A.B.C., CL.7 Base material compacted to 95% M.P.D. 1 1 Sheet 6 - ELECTRICAL AND LIGHTING PLAN - SCHOOL ST LANDSCAPING AND IRRIGATION PLAN - SCHOOL ST. 1 At the bottom of the sheet in the Plant List, the quantity for HE should be changed from "20' to '200.' Also in the Plant List delete the word "spreads' in the I Botanical name "Taxus cuspidate 'Jeffries Pyramidal' spreads" and under the planting size replace the 4'-8" dimension with '48 inches'. Also in the plant list under the Native Wildflower Mix heading, replace the "1 lb./2000 sq. ft.' with 1 "1/2 Ib/2000 sq. ft." Add 50 S.Y. of Dwarf Tifway solid sod to the quantity shown. This sod will be Iplaced between the parking area and alley to the east. Under the Landscaping Notes: add the following: ' "10. Edging will be placed between all grass and planting areas. Metal I edging shall be "Keeling KC176 "or equal." On the lower right hand corner of the page, add the following to the notes: "5) All I electrical conduit in the paved areas shall be bedded and backfilled with sand or A.B.C., CL. 7 Base material compacted to 95% MP D. 1 Sheet 9 - ELECTRICAL AND MISCELLANEOUS DETAILS IAdd the following note: "All sidewalks shall be 4" non -reinforced concrete for the width shown on the plans. Saw cut joints (control joints) shall be made at distances equal to the width (I.e., 4' wide sidewalk shall have contraction joints at 1 4' or center). 1 On the Detail - PiDe Bedding And Existing Pavement Repair at the bottom -center of the sheet, Indicates concrete (by symbol) 18" either side of the trench, but does not call It out. Add "concrete" to this detail and arrow to the symbol. 1 Add the note "All lighting fixtures shall be 240 volt." 1 Sheet 10 - CONCRETE STRUCTURES AND DETAILS I On Section 1/10, Section ti Brick Walkway delete the note "3/8" to 1/2" mortar setting bed" and add the note "3/8" to 1/2" sand or mortar setting bed.' 1 On the Typical Section - Retaining Wall detail add the following note: "There is no handrail required on Retaining Wall W.' 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 At the bottom center of the sheet add 'Type A' to the Plan Typical Single Curb Inlet delete the note Provide standard manhole ring and lid on structure No. 19 only.' In the middle of the sheet a blocked note appears and reads as follows: 'NOTE: Contractor may use stockpiled native stone on site for retaining walls 'C' and 'D'. If additional stone is required Contractor to supply like stone in color and quality.' Delete this note and add the following notes: 'Note 1. The Contractor shall mg use any of the existing native stone stockpiled on the site or in the existing wall, but is to remove all existing stone from the site to the contractor's disposal site. The contractor is to provide new native stone for the construction of retaining walls 'C' and 'D'. Representative samples of stone shall be submitted to the Owner for approval prior to construction of the native stone walls. 'Note 2. 1' diameter weep holes shall be placed at 4' O.C. in all stone retaining walls. In the lower left hand comer of the sheet, add to the Plan for Double Surface Inlet Details Inlet Frame and Grate, Neenah # R-3573" and arrow to both diagonal grates. ATTACHMENTS January 28, 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 3 1 1 1 1 1 1 1 1 1 1 1 1 1 t° jCONCRETE \ S 1 „ - \•PR \@9'-54'-40 W 152.0) \` CONSTRUCT TYPE 'A' CURB INLET _ _ TOP -1356.00 FL OUT -1346.60 HOUSE SAW CUT EXISTING PAVEMENT AND REPAIR AS PER DETAIL, SHEET 9 OF THE ORIGINAL PLANS OZARK MOUNTA.N BICYCLE SHOP CONSTRUCT JUNCTION BOX TOP RIM TO MATCH EXISTING PAVEMENT - 11340.9 E IN = 1335.50 EXISTING I[ - 11335.0 1 11 1 - +-----+ - -99------- 1 1EXISTING 1 1 REMOVE EXIST. 18. R.C.P. AFTER JUNCTION BOX IS CONSTRUCTED t- t 4, IiNdosOLE — --SR— SPRING SPRING STREET ADDENDUM NO. 1 SCALE: 1'-20' WALTON ARTS CENTER PARKING LOT PHASE 3-CONSTRUCTION-DICKSON ST. & SCHOOL AVE. SITES EXHIBIT 'A' ©199211cGOODWIN, IfILLL NS AND YATES, AMI ar CONSULTING ENGINEERS—FAYETIEVILLE, ARIL INC]I S.A.K. PLANS NO. FY -212D 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 miNIE b MANHOLE COVER DIMENSION WEIGHT A 8 C D STANDARD 1 32 22 5-3/4 276 25-1/4 IN STREET SURFACES 34 22-1/4 7 .300 125-3/4 WATER RESISTANT 32-1/2 20-1/2 5-1/2 385 124-1/2 B' 0$ B I TOP OF MANHOLE TO BE — LEVEL MOTH 'NAL GRACE UNLESS onERWSE NOTED W DIRECTED BY THE ENGINEER. *WALL MANHOLE STEPS AT 14' INTERVALS - STAGGERED GST -IN -RACE 5.-0' MIL C 129 IRM. ,R% FORM KEYWAY AT ALL COLD JOINTS AROUND 1 I.. stem & CAST IN TIE Cp1CP SMALL BE �CRETEIE MAU- II TNS WATERSTOP SHALL BE USED RECAROLESS CF r I DC POPE MATER AL USED CONCRETE BASE TO SPRINGIJNE MATERIAL OF CONSTRUCTION AS SPEOFIED. -1 b'; I11-1.1=111 EYTDEED COMGEIE TO FIRST BELL ALONG OMR UNE AND LASTS OF iniCAVATICsi DIRECTOONS Ed air 1 i- 11= REST UPON UNDISTURBED SCOL JUNCTION BOX DETAIL NOT To SCALE SNORT STUB W PI+E 140 LONGER THAN 12' OUTSIDE MANHOLE BASE. ADDENDUM NO. 1 • WALTON ARTS CENTER PARKING LOT PHASE 3—CONSTRUCTION—DICKSON ST. & SCHOOL. AVE. SITES EXHIBIT 'B' Q CONSULTING ENGINEERS-FAYETTEVILLE, ARE, 1992111cGOODWIN, WILLIAMS AND YATES, INC, J S.A.K. 1 DRAIN BY J PLANS No. FY -212D SPECIFICATIONS AND CONTRACT DOCUMENTS WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE FAYETTEVILLE, ARKANSAS PLANS NO. Fy-212 JANUARY 1992 McGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS 0 1992 McGoodwin, Williams and Yates i TABLE OF CONTENTS INJIgn Advertisement for Bids 1 Instructions to Bidders 2 State Wage Determination 4 Bid 5 Contract 6 Performance Bond and Payment Bond 7 Standard General Conditions of the Construction Contract 8 Supplementary Conditions 8 TECHNICAL SPECIFICATIONS Division 1 General Requirements Protect Requirements 100 ASHTD Standard Specifications Reference 170 Division 2 Sitework Landscaping Irrigation 243 244 Division 9 Special or Miscellaneous Items of Construction Aluminum Handrails 950 i Division 11 Electrical Electrical - General Section Conduit 1100 Electrical Wire 11 Electrical Services 1111 00 1120 Circuit Breaker Lighting Load Centers (240 VAC Maximum) 1138 Lighting Fixtures 1142 Nameplates and Labeling 1150 Miscellaneous Electrical 1195 Division 12 Payment Methods of Measurement and Payment 1200 ii ADVERTISEMENT FOR BIDS Notice is hereby given that, pursuant to an order of the Board of Directors of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:00 p.m. on Thursday, January 30, 1992, for furnishing all tools, materials and labor and performing the necessary work for construction of Phase 3 - Construction of Dickson Street Site and School Avenue Site of the Walton Arts Center Parking Lot. At this time the bids received will be publicly opened and read aloud In the Purchasing Office of City Hall. The work generally consists of: BID NO 92-2 WALTON ARTS CENTER PARKING LOT PHASE 3: CONSTRUCTION - DICKSON STREET SITE SCHOOL AVENUE SITE PROJECT NO. ST90-004-TR Plans and specifications are on file and may be examined at the office of the Public Works Department, City of Fayetteville, and 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 request and upon the payment of $35.00 for plans and $35 00 for specifications, a total of $70.00, 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 bid 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 bid sheets contained in the specifications, and such bid sheets shall igt be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the Owner, City of Fayetteville, Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for Phase 3: Construction - Dickson Street Site and School Avenue Site, 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. 1-1 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 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 15th day of January , 1992. /s/ Peggy Bates Peggy Bates, Purchasing Officer 1-2 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 tens "Bidding Documents' includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda Issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used In preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must submit the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. 2) Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? 2-1 Instructions to Bidders 6) Contracts on hand (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? If so, where and why? 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. 12) Experience in construction similar in size to this project, along with project owners and engineers. 13) Background and experience of the principal members of your organization, including the officers. 14) Credit available: $ 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Datedat this of 19 Name of Organization: Stale of County of day By Title that he (she) is the being du ly swom deposes and says of answers to the foregoing questions and all statements thereinand thneareContractorand d((rue and correct. 2-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Instructions to Bidders Subscribed and sworn before me this day of 1 19 1 Notary Public My commission expires 1 (Seal) I 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. 1 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 1 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) vmit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, I 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. 1 4.2 Reference is made to the Supplementary Conditions for identification of: 1 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 I 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. 1 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 1 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. 1 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 I 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. 1 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 1 furnished to Owner and Engineer by owners of such Underground Facilities or others, 1 2-3 Instructions to Bidders and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear In paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid 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 and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 2-4 Instructions to Bidders 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR -EQUAL" ITEMS. The contract, 11 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 rt is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer Application for acceptance of substitute or "or -equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Project Requirements. 10. SUBCONTRACTORS. SUPPLIERS AND OTHERS 10.1 The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 2-5 Instructions to Bidders 10.2 The Contractor will be required to furnish the names of Subcontractors and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work. Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the taws 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. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUM ENTS 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duty executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 2-6 1 Instructions to Bidders 132 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 retum 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 Protect 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 fumish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time 2-7 Instructions to Bidders 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner Indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT. When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor Each counterpart is to be accompanied by a complete set of 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 an 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-skilred labor, 11 available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 2-8 Instructions to Bidders 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 less 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. 2-9 di I C :rton Governor J... Teiwi''gr Drecta STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 1042• WEST MARKHAAM LITTLE ROCK 72205 (501)682.4500 September 4, 1991 Mr. Dana Stahl McGoodwin, Williams & Yates 909 Rolling Hills Drive Fayetteville, AR 72703 RE: Walton Art Center Parking Fayetteville, Arkansas Washington County Dear Mr. Stahl: In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 91-48 establishing the minimum wages rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. SS 22-9-301 to 22-9-313(1987) and the administrative regulations promulgated thereunder. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann.SS22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. S22 -9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. 522-9-309(a). Once the contract is awarded, please notify this office of the following: the name, mailing address and telephone number of the general contractor; the date construction is to begin; the anticipated completion date; and the amount of the project bid. If you have any questions please feel free to contact me at (501) 682-4533 or through fax at (501) 682-4532. Sincerely, coca— 041-.4Ann Sanders Prevailing Wage Supervisor enclosure 4-1 Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - BUILDING RATE DATE: September 4, 1991 PROJECT: Walton Arts Center Parking Fayetteville, Arkansas CLASSIFICATION Bricklayers Carpenters Cement Masons Concrete Finishers Electricians Glaziers HVAC Mechanics Ironworkers Laborers Lathers Metal Building Erectors Painters Plasterers Plumbers & Pipefitters Roofers Sprinkler Fitters Sheet Metal Workers Power Equipment Operators: Backhoes Bulldozers Cranes Frontend Loader Waterproofer DETERMINATION 0: 91-48 COUNTY: Washington EXPIRATION DATE: 3-4-92 SURVEY #: 691-AR22 BASIC HOURLY RATE 12.80 10.75 9.10 12.20 15.19 12.75 9.95 14.65 7.65 11.54 8.50 8.90 14.20 11.45 11.20 15.97 10.10 8.85 8.65 8.90 9.60 12.05 Welders --receive rate perscribed for craft to which welding is incidental. CERTIFIED June 7, 1991 4-2 FRINGE BENEFITS 1.23 2.89 1.15 3.67 . 89 . 45 2.55 4.83 2.30 performing operation 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BO Carton JV ,J1 1,. _ ..J • i_ _ I .�- STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM LITTLE ROCK, ARKANSAS 722CS (501)682.4500 • FAX: (501) 682.4534 Chuck Nichols McGoodwin, Williams & Yates 909 Rolling Hills Drive Fayetteville, AR 72703 Dear Mr. Nichols: In response to our telephone conservation this morning, enclosed is an addendum to Prevailing Wage Determination 91-48 for the above -referenced project. Should you have any questions, please feel free to contact me at (501) 682-4533. December 30, 1991 RE: Walton Arts Center Parking Lot Fayetteville, Arkansas Washington County enclosures 4-3 Sincerely, 614. c5(1-1- Ann Sanders Prevailing Wage Supervisor 1 L TenMpiger D'ector