HomeMy WebLinkAbout9-92 RESOLUTION•
RESOLUTION NO. 9-92
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH MCCLINTON-
ANCHOR IN THE AMOUNT OF $612,514.00 FOR
CONSTRUCTION OF THE ARTS CENTER PARKING LOT ON
WEST AVENUE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract with McClinton -Anchor
an the amount of $612,514.00 for construction of the Arts Center
Parking Lot on West 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 7th day of January , 1992.
ATTEST:
By: C
"-Cit e .
rk
APPROVED:
By:: 4/q
Ma or
•
•
CQNTRACT
State of Arkansas )
County of Washington )
THIS AGREEMENT, made and entered into this 71-2 day of
19 94- , by and between the City of Fayetteville, Countyfb Wash ngton, State
of Arkansas, Party of the First Part, hereinafter called the Owner, and
APAC-Arkansas, Inc., McClinton -Anchor Division
of the City of Fayetteville, Arkansas Party of the Second
Part, hereinafter called the Contractor.
WITNESSETH THAT:
WHEREAS, the Owner has called for bids for Walton Arts Center Parking Lot,
Phase 2: Construction - West 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 2
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 asphatt surfacing, furnishing and
placement of aggregate base course, prime and tack coats, asphaltic concrete
surface course OR 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, cast -in-
place reinforced concrete box culvert OR pre -cast reinforced concrete box culvert
(except where specifically shown on the Plans to be cast -in-place), 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
December 1991, 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
Six Hundred Twelve Thousand Five Hundred Fourteen and no/100
dollars ($ 612,514.00 ), such sum being the agreed amount upon which bonds and
6-1
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.
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 2
Construction - West Avenue Site in operation within one hundred (100) 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 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
6-2
transportation, unavoidable casualties or any causes beyond the Contractor's control, or
by delay authorized by the Engineer pending arbitration, or by any cause which the
Engineer shall decide to justify the delay, then the time of completion shall be extended
for such reasonable time as the Engineer may decide.
No such extension shall be made for delay occurring more than seven days before claim
therefor is made in writing to the Engineer. In the case of a continuing cause for delay,
only one claim is necessary.
In the event the Contractor abandons the work hereunder or fails, neglects or refuses to
continue the work after ten (10) days written notice, given Contractor by the Owner or
by the Engineer, then the Owner shall have the option of 1) declaring this contract at an
end, in which event the Owner shall not be liable to the Contractor for any work
theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days
notice, to complete and carry out the contract of Contractor; and in that event, should the
surety fall, 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.
eLiai
Witnesses'
APAC-Arkansas, Inc.
McClinton -Anchor Division
Firm Name
By A1441
Ja es ole, Vice- resident
if corporation. secretary should attest.
Attest:
herry L. ' omas, City Clerk
CITY OF FAVETTEVILLE, ARKANSAS
•
Fred orsanger, Mayor
6-3
•
•
Telephone 501 /443.3404
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
January 6, 1992
Re: Walton Arts Center Parking Lot
Phase 2 - Construction of West Avenue Site
Fayetteville, Arkansas
MWY Project No. Fy-212
Bid No. 91-71
Mr. David Cox
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Dear Mr. Cox:
As you are aware, bids were received January 6,
the above referenced project. Three firms submitted
listed below:
McClinton -Anchor Company
Jerry D. Sweetser, Inc.
Marinoni Construction Co., Inc.
FAX 501/443-4340
1992, for
bids, as
$612,514.00
$647,925.00
$773,000.00
A list of persons attending the bid opening is included
for your reference. Our "opinion of probable cost" prior to
receipt of bids was $690,000.
We have reviewed the Statement of Bidder Qualifications
submitted by McClinton -Anchor Company, and based on previous
work we believe them to be well qualified for this project.
McClinton -Anchor Company has completed the Phase 1 Demolition
contract for this same project site. We have no way of knowing
McClinton -Anchor's present financial condition. However, the
contract requires that 100 percent performance and 100 percent
payment bonds be provided prior to the start of construction.
Therefore, we recommend that the city award this contract to
the low bidder, McClinton -Anchor Company, in the amount of
$612,514.00.
The contract provided that all work be completed within
100 calendar days after the issuance of the Notice to Proceed.
Furthermore, the contract provides that all drives, entrances,
curb and gutter, drainage conduits, pavement, lighting and
pavement marking must be completed on or before April 21, 1992,
to provide for parking for the Walton Arts Center's first
Mr. David Cox
January 6, 1992
Page 2
•
scheduled performance. We trust the Board will concur in this
recommendation.
If you have any questions or need additional information
prior to the City Board meeting, please let me know.
CRN:sc
Enclosure
Charles R. Nickle, P. E.
Vice -President
State of Arkansas
County of Washington
•
CONTRACT
THIS AGREEMENT, made and entered into this 7i, day of
19 9 2 by and between the City of Fayetteville, County' of Washington, State
of Arkansas, Party of the First Part, hereinafter called the Owner, and
APAC-Arkansas, Inc., McClinton -Anchor Division
of the City of Fayetteville, Arkansas
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 2: Construction - West 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 2
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 OR 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, cast -in-
place reinforced concrete box culvert QB. pre -cast reinforced concrete box culvert
(except where specifically shown on the Plans to be cast -in-place), 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
December 1991, 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
Six Hundred Twelve Thcusand Five Hundred Fourteen and no/100
dollars ($ 612, 514.00 ), such sum being the agreed amount upon which bonds and
6-1
•
•
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.
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 2
Construction - West Avenue Site in operation within one hundred (100) 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 force and in a manner so as to complete the work
within the time stipulated herein. It 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
6-2
•
•
•
•
•
•
•
transportation, unavoidable casualties or any causes beyond the Contractor's control, or
by delay authorized by the Engineer pending arbitration, or by any cause which the
Engineer shall decide to justify the delay, then the time of completion shall be extended
for such reasonable time as the Engineer may decide.
No such extension shall be made for delay occurring more than seven days before claim
therefor is made In writing to the Engineer. In the case of a continuing cause for delay,
only one claim is necessary.
In the event the Contractor abandons the work hereunder or fails, neglects or refuses to
continue the work after ten (10) days written notice, given Contractor by the Owner or
by the Engineer, then the Owner shall have the option of 1) declaring this contract at an
end, in which event the Owner shall not be liable to the Contractor for any work
theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days
notice, to complete and carry out the contract of Contractor; and in that event, should the
surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the
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.
04,4A 42, k1 >,fdi
Witnesses'
APAC-Arkansas, Inc.
McClintOn-Anchor Division
Firm Name /J
By (tismes A.
James A. Cole, Vice -President
If corporation, secretary should attest.
Attest:
CITY OF FAYETTEVILLE, ARKANSAS
��//
N�qqtantra---- Fred Vorsanger, Mayor
SlSerry L. Th as, City Clerk
6-3
•
•
•
CHANGE ORDER
(Instructions on reverse side)
No.
4
PROJECT:
OWNER:
IName,
Address)
Walton Arts Center Parking Lot
PHASE 2 - Construction, West Avenue Site
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
CONTRACTOR: APAC-Arkansas, Inc.
McClinton -Anchor Division
P. 0. Box 1367
Fayetteville, Arkansas
CONTRACT FOR•
Parking Lot Construction
DATIi OI' ISSUANCE: June 28, 1993
OWNER's Project No
I N(i1NEER:
Fy-212
McGoodwin, Williams and vates. Inc.
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
ENGINEER'S Project No. _Ey-212C
You are directed lo make the following changes in the Conlrncl Documents.
Description: Delete replacement of two Golden Raintrees.
is $525.00.
Purpose of Change Order: To final project
the two trees.
Attachments: (List documents supporting change)
The total decrease in cost for this item
and allow the City of Fayetteville to purchase and replace the
CHANCE IN CONTRACT PRICE:
Original Contract Price
$ 612.514.00
Previous Change Orders Nu
$ 148 711.73
1
CHANGE IN CONTRACT EINE.
Original Contract Time
April 21, 1992
Imre M dale
to No. __ 3_ _
Net change from previous Change Orders
28 Days
Contract Price prior In this Change Order
$ 760_727.13
days
Contract Time Prior to this Change Order
129 Days
Net 1pgorgsg(decrease) of Ihis Change Order
f 525.00
daps M Mr
Net Increase (decrease) of this Change Order
0 Days
drys
Contract Price with all approved Change Orders
S 760.702.73
Contract Time with nil approved Change Orders
May 20
del I ea dale
McGocdwin, Williams & Yates City of Fayetteville, AR
RIiC0MM1iN1)EI):
by C}ez1_,1/4,i,c(
APPROVED:
by
4
;l
Charles R. Nickle, P.E.
EJCDC No. 1910 8 II (1983 Edition)
Preens 1 y rhr Enainerri Joni rnnrrnn I%.amenra r'mmadnee and endnracd by The Awn -laird 1 iener I Cnnrr..Jma.4 Ainerid•
McClinton -Anchor Company
AI'I'R(1VI:D:
by.rditMr
aainona
James A. Cole. Vice President
•
Telephone 501/443.3404
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville. Arkansas 72703
January 13, 1992
Re: Bid Documents
Walton Arts Center Parking Lot
Phase 2: Construction - West Avenue Site
Fayetteville, Arkansas
Project No. Fy-212
Ms. Sherry Thomas, City Clerk
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Dear Ms. Thomas:
Enclosed for the city'
bound bid of APAC-Arkansas,
submitted January 6, 1992,
Also enclosed for the city'
documents submitted by the
CRN:sc
Enclosures
FAX 501/443.4340
s permanent files is the original
Inc., McClinton -Anchor Division,
for the above referenced project.
s files are pertinent unbound bid
two other bidders on this job.
Cordially,
•
Charles R. Nic le, P. E.
Vice -President
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
Telephone 501/443-3404 FAX 501/4434340
January 23, 1992
Re: Insurance Endorsement
Owner's/Engineer's Protective Liability
Policy GLP GO 61 17 56 9
Walton Arts Center Parking Lot
Phase 2: Construction - West Avenue Site
Fayetteville, Arkansas
Project No. Fy-212
Ms. Sherry Thomas, City Clerk
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Dear Ms. Thomas:
Enclosed for the city's files is an owner's/engineer's
protective liability policy countersignature endorsement for the
state of Arkansas for the above referenced project. This
endorsement should be filed in the city's copy of the Contract
Documents inside the "insurance" envelope which is inside the
front cover of the document.
Please call if you have questions.
CRN:sc
Enclosures
Cgrgiftly,
1
arles R. Nickle, P. E.
Vice -President
vtL
TO REMOVE CARBONS GRIP HERE ... AND BELOW CARBONS AT BOTTOM
Countersignature Endorsement
Request
Insurance Company of North America
❑ Pacific Employers Insurance Company
❑ CIGNA Insurance Company
TO: Countersigning Service Office
PRODUCING S/O
r Insurance Company of North
America
Special Risk Facilities
525 West Monroe Street
Chicago, IL 60606
L J
PRODUCER
CIGNA
Date
r United Service Agency, Inch
P. 0. Box 11765
Lexington, KY 40577
L J
COUNTERSIGNING AGENT — Please sign Copy #1, prepare a bill to Producer, {shown above) for fee and
forward to Countersigning Service Office. Retain Copy #3 for your records.
PRODUCER — Detach Endorsement on bottom of this sheet and forward to Insured. Remit countersigning
fee to Countersigning Agent per attached bill.
COVERAGES
Non -Resident License
No Non -Residence License
PREMIUM
COUNTERSIGNING COMMISSION
RATE AMOUNT
% $
License 1
COUNTERSIGNATURE ENDORSEMENT
FOR THE STATE OF ARKANSAS
This is to certify that the policy of insurance to which this endorsement is attached represents business in the above State
transacted through the below named resident agent licensed by the Insurance Department of said State, and that such agent,
whose name is signed below this certificate, is duly licensed to act as such for this Company in said State.
GLP GO 61 17 56 9
Attached to Policy No.
City of Fayetteville and McGoodwin, Williams & Yates
issued to Inc
Name of Insured
Authorized Agent
•
1
INSTRUCTIONS TO BIDDERS
Instructions
to Bidders
1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined
In the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.)
have the meanings assigned to them in the General Conditions The term "Bidder
means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who
submits a bid to a Bidder. The term "Successful Bidder means the lowest, qualified,
responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation
as hereinafter provided) makes an award. The term "Bidding Documents' includes the
Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the
proposed Specifications and Contract Documents (including all Addenda issued prior to
receipt of Bids).
2. COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the amount, 11 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. JERRY D SWEETSER, INC
2) Permanent main office address.
3) When organiz190 WEST POPLAR . FAYETTEVILLE, AR 72703
fg5a
4) If a corporation, where incorporated.
Ar VoNnta.t
5) How many years have you been engaged in the contracting business under your
present firm or trade name? 1 9 in _ a5 y ear 5
2-1
Instructions
to Bidders
6) Contracts on hand. (Schedule these, showing amount of each contract and the
appropriate anticipated dates of completion.)
Avc..,1„tole. Pon re ue+
7) general character of work performed by your company.
.1J1r4 wCenCreie cavm-1-; LA.c. -Len/FesInt
8) Have you ever failed to complete any work awarded to you?
No
9) Have you ever defaulted on a contract? If so, where and why?
No
10) List the more important projects recently completed by your company, stating the
approximate cost for each, and the month and year completed.
Avoolc..ole Pon retke5*
11) List your major equipment available for this contract.
Rd 4 . / uPCr re4 a%+
12) Experience in construction similar in size to this project, along with project owners
and engineers. W e h,," .e. wo r eta. a^ rte... L r ti e r
13) Background arrd experience nce of the principal members of your organization,
including the officers A(AA le uP�r` re `"eat
14) Credit available: $ \ • 3 m ; ; i nr\ 9L5
15) Give bank reference: est Nc - t,rc.\ Ij3 krOC of i(e
16) Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Owner? y e 3
Datedat S°10 COVI Ra' -c7 Acct'-.isxl
of 1-AnauP.2q
Name of Organization: S •'t . Siad c
BY /41
State of
County of
, 19��
this + -N
day
Title //74- e
Azki1/4,_L5°rC.
w 4SN�N G. TV rJ
l
W 'I Lo co.r-. C, . S w c-e?scrri. being dulysworn deposes and says
that he (she) is the c ti P a a c r e--., r of
3 tD swccRsaa,4&4. Contractor(s), and that
answers to the foregoing questions and all statements therein contained are true and
correct.
2-2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
•
1
1
•
•
Subscribed and swom before me this Coll*
1 1997
1
' My commission expires MA -r 1(0 2 o oa
(Seal)
Instructions
to Bidders
-day of 'ka KZ'. a. y
•
1 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
1
1
1
1
1
1
1
1
1
1
1
1
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 fumishing of the Work, c) consider federal,
state and local Laws and Regulations that may affect cost, progress, performance or
furnishing of the Work, d) study and carefully correlate Bidder's observations with the
Contract Documents, and e) notify Engineer of all conflicts, errors or discrepancies in the
Contract Documents.
4.2 Reference is made to the Supplementary Conditions for identification of:
4.2.1 those reports of explorations and tests of subsurface conditions at the site which
have been utilized by Engineer in preparation of the Contract Documents. Bidder may
rely upon the accuracy of the technical data contained in such reports but not upon non-
technical data, interpretations or opinions contained therein or for the completeness
thereof for the purposes of bidding or construction.
4 2.2 those drawings of physical conditions in or relating to existing surface and
subsurface conditions (except Underground Facilities) which are at or contiguous to the
site which have been utilized by Engineer in preparation of the Contract Documents.
Bidder may rely upon the accuracy of the technical data contained in such drawings but
not upon the completeness thereof for the purposes of bidding or construction.
Copies of such reports and drawings will be made available by Owner to any Bidder on
request. Those reports and drawings are not part of the Contract Documents, but the
technical data contained therein upon which Bidder is entitled to rely as provided in
paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data
has been identified and established in the Supplementary Conditions.
4.3 Information and data reflected in the Contract Documents with respect to
Underground Facilities at or contiguous to the site is based upon information and data
furnished to Owner and Engineer by owners of such Underground Facilities or others,
2-3
•
Instructions
to Bidders
and Owner does not assume responsibility for the accuracy or completeness thereof
unless it is expressly provided otherwise in the Supplementary Conditions.
4.4 Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders on subsurface conditions, Underground Facilities and other physical
conditions, and possible changes in the Contract Documents due to differing conditions
appear In paragraphs 4.2 and 4.3 of the General Conditions.
4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain
any additional examinations, investigations, explorations, tests and studies and obtain
any additional information and data which pertain to the physical conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which
may affect cost, progress, performance or furnishing of the Work and which Bidder
deems necessary to determine its Bid tor 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
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
•
•
•
1
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 ora 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 fumished by such Bidders will be returned. Bid security with Bids
which are not competitive will be returned within seven days after the Bid opening.
7. CONTRACT TIME. The numbers of days within which, or the dates by which, the
Work is to be substantially completed and also completed and ready for final payment
(the Contract Time) are set forth in the Bid Form and the Agreement.
8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth
In the Agreement.
9. SUBSTITUTE OR "OR -EQUAL" ITEMS. The contract, if awarded, will be on the
basis of materials and equipment described in the Drawings or specified in the
Specifications without consideration of possible substitute or'or-equal" items. Substitute
or 'or -equal' items of materials or equipment, unless it is specified that no substitute will
be allowed, may be furnished or used by the Contractor if acceptable to the Engineer
Application for acceptance of substitute or 'or -equal' items will not be considered by the
Engineer until after the effective date of the Contract Agreement The procedure for
submission of any such application by Contractor and consideration by Engineer is set
forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be
supplemented in the Project Requirements.
10. SUBCONTRACTORS. SUPPLIERS AND OTHERS
10.1 The Contractor shall not assign or sublet all or any part of this Contract without
the prior written approval of the Owner nor shall the Contractor allow such Subcontractor
to commence Work until he has provided and obtained approval of such compensation
and public liability Insurance as may be required. The approval of each subcontract by
the Owner will in no manner release the Contractor from any of his obligations as set out
In the Plans, Specifications, Contract and Bonds.
2-5
9
Instructions
to Bidders
10.2 The Contractor will be required to furnish the names of Subcontractors and the
amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The
subcontracts may be for mechanical, electrical, roofing and sheet metal work.
Subcontract amounts must be submitted on a separate list in a sealed envelope and
must accompany the Bid Form. The Subcontractor's name and license number shall
appear on the outside of the sealed envelope. Subcontractors must be licensed
according to the laws of the State of Arkansas.
11. BID FORM
11.1 The Bid Form Is included with the Bidding Documents; additional copies may be
obtained from Engineer (or the issuing office).
11.2 All blanks on the Bid 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 titre 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, 11 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 sharl be enclosed in a
separate envelope with the notation "BID ENCLOSED' on the face of it. THE BID
FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT
DOCUMENTS.
13. MODIFICATION AND WITHDRAWAL OF BIDS
13.1 Bids may be modified or withdrawn try an appropriate document duly executed (in
the manner that a Bid must be executed) and delivered to the place where Bids are to
be submitted at any lime prior to the opening of Bids.
2-6
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
•
•
•
•
Instructions
to Bidders
13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written
notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction
of Owner that there was a material and substantial mistake in the preparation of its Bid,
that Bidder may withdraw Its Bid and the Bid security will be retumed. 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
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 fads 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