Loading...
HomeMy WebLinkAbout49-96 RESOLUTION• • .•:•-') •5442-544 ti g 8.8 83 cn s.. co: 0. P: to< t 8 T8.988 g• 8 g 8 g LEZ 018 1V101 4-3 -7.4 LP 4.4 1;11111/FTg-§ girrehreiclit.21 3 94 PP ox g 375-544.102;e1 a tm. • F 7 • 0 3 I 3 o f2giaz ial e 8 Et4silo.r0 apppn‘ irlagt: . 1 -ad ga 11 uu :4:EY In' g /4 Oil -Oh a §E§§§t§§11} 8888888888 - 11:111 -al 1 --TIE gggsgggggg 11 § 68:i 8E.811i a it 114. §.§-§tn§§§ 88884888888 1 9z -Ad rON SNIrld • the 'viol 0 CO CO ••••1 r :Fs- a -•:: -; fi.§:§11t§.00 8 :8 •84 g•g 888 :4 a$ ; ; rp:IPE ingging888 g P h • ale ivioi :a. rri rr # PA :6 pjps. fr t E-@ t @ a- gaggsggggg N .71 7.2 . t8ttttttl) 0888080002 ii1§1V1 81i84]..:8 :8!! -- 11111 844 8 t•i] 8 r -Ann 111111 saskti1 ;Vvflp § -§1 § # g g'gg.gggg N t 111 tttl .8..8IE8 kgt2 ti 2 0 0 at of Fayetteville; Askansas , tidier! Adjustment Form ' Budget Year 1996 Department: Public Worts - Division: Water & Sewer Program: Sewer Mains Ctmiruction Date Requested 03/14/96 Adjustment # Project or Item Requested:. Additional funding is requested for the tS",Sew�r Force Main Replacement Project ' Project or Item Deleted: Funding for this request is from Sewer System Rehabilitation Project. Approximately $190,000 remains to perform other sewer system rehabilitation work. Justification of this Increase: The project bid amount with contingency funds is greater than the remaining budget for the project. Justification of this Decrease: Funding of 18" Force Main Replacznent Project is a higher priority than the Sewer System Rehabilitation Project. Increase Account Name Amount Account Number- Project Number Sewer Improvements 69,355 5400 5700 5815 00- 95042 Decrease Account Name Amount Account Number Project Number Sewer Improvements 69,355 5400 5700 5815 00 90012 ive.? /2zas,,,prowd sig,...2 v_96, Requested By udge mator Dep ent Director Admin. Services D Budget Office Use Only Type: A B C D (I) F Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy 1 PaaportylIa_tability insuMnOe ST. PAUL GUARDIAN 1100 )ifeNSURANCE COMPANY • St. Patti, Minnesota A Capital Stock Company BID BOND Approved by Ttic American Institute of Architects, A.1.A. Docutnent A 310 Fcb. 1970 Edition KNOW ALL MEN BY THESE PRESENTS. that we Basic Construction Company, Inc. as Principal, hereinafter called the Principal, and thc ST. PAUI. GUARDIAN INSURANCE COMPANY, a corporation duly organized under thc laws of the State of Minnesota as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Fayetteville, Arkansas as Obligee, hereinafter called the Obligee, in the sum of -Five Per Cent (5%) of Total Amount Bid Dollars ($ ) for payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 18 inch Sewer Force Main Replacement NOW, IIIERF.FORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be.specificd in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for thc prompt paytnent of labor and material fiirnished in the prosecution thereof, or in theevent of the failure of thc Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amotmt for the Obligc,c may in good faith contract with another party to perform the work covered by said bid. then this obligation shall be null and void, otherwise to reinain in full force and effect. Signed and sealed this 5th day of 99184 Ed. 2-08 Printed in U.S.A. March A 6. 1996 Sk tea_ rlaeNt BASIC CONSTR T ION COMPANY.; itrINC . (seal) <Pr 171...t. r6;*...,eir 4.4 BY: w -; 4 uardian Insura ..... (Stem) c Company (Seal) 24" liceornreinM nda FteyF E- ••%. 1 Printed will, permission of Thc American Institute of Architects • CERTIFIED COPY NO. Srixety ST. PAilIGUA II IAN INSURANCE COMPANY a CERTIFICATE OF 385 Wngton Street, sf. Pant, Minnesota 5M02 Wig AUTHORITY NO. For verification of the authenticity of this Power of Attorney you may telephone toll free 1-800-421-3880 and ask for the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). 115531 G-13395 GENERAL POWER OFATTORNEY - CERTIFIED COPY (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Guardian Insurance Conipany, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does heiebY constitute and appOint: Linda Frey, John Crety, Carolyn A. Cory', Dianne Cowan, William W. Bussey, Jr., John M. Elliott, Allen J. &Dowell, individually, Little Rock, Arkansas: its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on ,its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are ormay be allowed, required or permitted by law, statute, rule, regulation. contract or otherwise, NOT '10 EXCEED IN ?MALTY THE SUM OF TEN MILLICE DOLLARS ($1.0,000,000) EACH and the execution of all such instrumends) in pursuance of these presents, shall be as binding upon said St. Paul Guardian Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged Iv its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V, -Section 6(C), of the By -Laws adopted by the Shareholders of ST. PAUL GUARDIAN INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a true transcript of Said Section 6 (C): "The President or any Viee President Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power-of-attomey issued in pursuance of this section and/or any of the By -Laws of the Company, and To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 23rd day of September, 1987, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and finding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN 'TESTIMONY WHEREOF, St. Paul Gitardian Ingurance Company has caused thiS instrument to be signed and its corporate seal to be affixed by its authorized officet, this 30th day of November, A.D. 1990.' (2) (3) ot?.' ......%...... iiiollP°:Ftargt) $. E A L.. 4.1 0. . %TN ••• • I Vor , On this ?nd STATE OF NEW JERSEY Iss. County of Somerset day of June 19 , 95 ,before me came the individual who executed the preceding instrument, to me , personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Guardian Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of 'Directors of said Company. ST. PAUL GUARDIAN INSURANCE COMPANY MICHAEL B. ICEEGANI , Secretary IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey he ;day and year first above written. LINDA S My Commis Notary Public, Middlesex, Ni ion Expires December 16, 1996 CERTIFICATION L, . . . I, the undersigned officer of St. Paul Guardian Insurance Company, do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit,, arid the,copy of the Section of the By -Laws of said Company as sei forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof; and of the whole of the said originals, and that the said Power of Attorney has not .been revoked and is nOw in full force and effect. . 1 IN TESTIMONY WHEREOF, I have hereunto set my hand this - . . , sE5i2,6, ,r1I1 ,ti. IF . #322,V46 1 H,.6111 . ,5th cley of . . . - 19 96 . MIC SON, Asst. Secretary ., March, Only ai...ceitified ccpy of Power of Attorney beating the Certificate of Authority No. printed in red en the upper right comer is binding. Photocopies, carbon copies or other XePoliductiolixof this document are invalid and not binding upon the Compady. , , ANYTNSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. )fluiO4.1,1(11 , 99116 Rev. 1-95 Pdnted in U.S.A. ' , 6 • anitina.,\ 7'cx 2,-1-q= clerk SPECIFICATIONS AND CONTRACT DOCUMENTS • 18 -Inch Sewer Force Main Replacement Fayetteville, Arkansas Plans No. Fy-252 December, 1995 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas tJ 1995 McGoodwin, Williams and Yates • SPECIFICATIONS AND CONTRACT DOCUMENTS 18 -Inch Sewer Force Main Replacement Fayetteville, Arkansas Plans No. Fy-252 December, 1995 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas © 1995 McGoodwin, Williams and Yates TABLE OF CONTENTS Section Advertisement for Bids 1 Instructions to Bidders 2 Arkansas Department of Labor Wage Determination 4 Bid 5 Agreement 6 Performance Bond and Payment Bond 7 Standard General Conditions of the Construction Contract 8 Supplementary Conditions SC TECHNICAL SPECIFICATIONS Division 1 General Requirements Project Requirements 100 Testing 120 Temporary Facilities 130 Schedules 140 Use of Explosives 150 Storage and Handling of Materials 160 Division 2 Sitework Stone Riprap and Filter Fabric 265 Division 3 Roads, Drives, Parking Areas, Sidewalks, and Curb & Gutter Aggregate Base Course, Class 7 300 Pipe Bedding Material for Force Mains 310 i Section Division 4 Pipe and Pipe Laying Clearing Rights of Way, Cutting and Rebuilding/Repairing Fences 400 Surface Removal 401 Pipe - General 404 Polyethylene Encasement 413 Polyvinyl Chloride (PVC) Pipe and Fittings for Force Main 419 Ductile Iron Pipe and Fittings for Force Mains 420 Placing Pipe Protection Cover and Compacted Backfill 461 Hydrostatic Testing of Force Mains 462 Hydra -Stop 474 Cast -In -Place Manholes 482 Tie -In of Force Main to Existing Lines 488 Pipeline Cleanup and Seeding 489 Driving Surface Repair 495 Division 5 Concrete and Reinforcing Steel Concrete 503 Division 12 Payment Methods of Measurement and Payment 1200 ii ADVERTISEMENT FOR BIDS Notice is hereby given that, pursuant to an order of the City Council 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 Tuesday, March 5, 1996, for furnishing all tools, materials and labor and performing the necessary work for construction of 18 -Inch Sewer Force Main Replacement. 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: Approximately 4,200 linear feet of 18 inch ductile iron or PVC pipe, installation of Hydra -Stops, dewatering existing force main pipe, connections to existing lines, and asphalt repair. 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 $50.00 for plans and $50.00 for specifications, a total of $100.00, 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 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 not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the 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 18 -Inch Sewer Force Main Replacement, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The City Council 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 City. The City Council further reservenhe right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Dated this 18th day of February , 1996. /s/ Peggy Bates Peggy Bates, Purchasing Officer 1-1 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) (1990 Edition) have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions•to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. „ 1.1 "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. 1.2 Issuing Office" means the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered 1.3 "Successful Bidder" means the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 1.4 "Biddind 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 misititerpretations 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 be prepared to submit within five days after Bid opening upon Owner's requestdatailed written evidence such as financial data, previous experience, present commitments, and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidders qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 2-1 • • '1 1 Instructions to Bidders 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. /3/45gC. COWSTWA4crio4, Cep.1"-NC 2) Permanent main office address. 730x /3% FOYErrEimicit trist--44-, 3) When organized. il%1 4) If a •corporation, where incorporated. trialcArisits 5) How many years have you been engaged in the contracting business under your present firm or trade name? -2.5 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) Av41/4“44-iluE_ 7) General character of work performed by your company. Ro.6.)1 -e...-•4etteA/evri ¥4G1 -rt 8) Have you ever failed to complete any work awarded to you? so 9) •Have you ever defaulted on a contract? If so, where and why? Mo 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. AOt‘tt-iitibLite.. 11) List your major equipment available -19r this contract. jAttityttinz, 12) Experience in construction similar in size to this project, along with project owners and engineers. ItikowiA. %to -w-tA4-4-weithrt 13) Background and experience of the principal members of your organization, including the officers 14) Credit available: $ U.14.0A. niftbe 15) Give bank reference: aFitklit.._ CY15 gkenre1/41 tfAXEAMAII. 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? YES . Dated at -Ftetetre•th.“- "kat( dt+ASIKS. this dc4A-1 day of Pil Iktit 1 19 ci 6 2-2 1 1 1 1 State of County of Instructions to Bidders Name of Organization: CCArt:tA-1-erMeC et; )1i4C. By Title riz165.10‘417— taztins• Wiks-tk-o•t6--Ice-L. CA4-4 eknni3S being duly sworn deposes and says that he (Otitis the 4.‘0 V. -Kr 1 —5A -sit Ct»astcnos,. Go,,ub , 1 Subscribed and sworn before me this 5131 day of 1 19 9 (0 of Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. 1 My commission expires 3161 PODS 1 (Seal) rippubriterweetweetereci Kathleen M. Davidson ) Notary Public, State of Arkansas 'S My Commission Expires 03/09/05 Washington County atutocmcc.ccc<c(cmccccitcrcccue 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid: • 4.1.1 to examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below); 4.1.2 to visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work, 4.1.3 to consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4.1.4 to study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; 1 4.1.5 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other 1 related documents. 1 2-3 Instructions to' Bidders 4.2 . :Fteiferenciiiis.madelto the -SupPlenteritari:COnditions for identification of: 4.2.1 those reports of•eRplorationkandiests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon. ?the general accuracy of the• "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to thesubsurface ?Conditions at the site, nor upon 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)aVor Pcbntiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracrofith&-"Vichnical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwiseg.,relatinh) to” such /structures, nor. '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 paragraph 4.2 of the General Conditions has been. identified and established in paragraph SC -4 2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. • 4.3 Information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data Jurnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do 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 with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated •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, be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning 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 or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or 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 examinations, investigations, explorations, tests and studies as each Bidder 2-4 • Instructions to Bidders deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests and studies. 4,7 Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work. 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 or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.9 The provisions of 1-4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by paragraph 4.5 of the General Conditions 5, AVAILABILITY OF LANDS FOR WORK, ETC. 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, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 6. INTERPRETATIONS AND ADDENDA 6.1 All questions about the meaning or intent of the Bidding 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. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 2-5 Instructions to Bidders 7. BID SECURITY 7.1 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. 7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, 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. 8. CONTRACT TIMES. 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 term "Contract Times" is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form). 9. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 10. 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. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of materials or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the 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 General Requirements. 11 SUBCONTRACTORS, SUPPLIERS AND OTHERS 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 such workers' 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. 2-6 Instructions to Bidders 12. BID FORM 12.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office) 12.2 All blanks on the Bid Form must be completed in ink or by typewriter. 12.3 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. 12.4 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. 12.5 AH names must be typed or printed below the signature. 12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 12.7 The address and telephone number for communications regarding the Bid must be shown. 12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with paragraph 3 above State contractor license number must also be shown. 13. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 14. MODIFICATION AND WITHDRAWAL OF BIDS 14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2 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, 2-7 Instructions to Bidders 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. 15. OPENING OF BIDS. Bids will be opened and (unless obviously nonresponsive) read aloud publicly at the place where Bids are to be submitted. 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. 16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 17. AWARD OF CONTRACT 17.1 Owner reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. 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. Discrepancies between words and figures will be resolved in favor of the words. > 17.2 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. 17.3 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 requ red to be submitted prior to the Notice of Award. 17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time 17.5 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 2-8 Instructions to Bidders in the best interests of the Project. 17.6 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. 18. 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. 19. 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. 20. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 1501 Arkansas Acts of 1965, the °Arkansas State Licensing Law for Contractors. Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 21. 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 22. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 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. 2-9 Instructions to Bidders 2) post the scale of wages in a prominent and easily accessible 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 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 23. 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. 24. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, frorn wages paid to employees, whether such employees are residents or nonresidents of fArkansas. 25. 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. 2-10