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HomeMy WebLinkAbout133-98 RESOLUTIONRESOLUTION NO j33-g.g A RESOLUTION AWARDING BID NO. 98-67 TO J & L CONSTRUCTION, INC. IN THE AMOUNT OF $368,500, PLUS A CONTINGENCY AMOUNT OF $40,000, FOR THE WATER SYSTEM IMPROVEMENTS, PHASE II (HIGHWAY 45 EAST AREA), SECTION II• GULLY ROAD PUMP STATION; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Rection 1 The City Council hereby awards Bid No. 98-67 to J & L Construction, Inc., in the amount of $368,500, plus a contingency amount of $40,000, for Water System Improvements, Phase II (Highway 45 East area), Section II• Gulley Road Pump Station; and authorizes the Mayor and City Clerk to execute a contract for said amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 7 The City Council hereby approves a budget adjustment in the amount of '$350,000 increasing Capital Water Mains, Acct. No. 5400 5600 5808 00, Project No. 20 by decreasing use of Fund Balance, Acct. No. 540 0940 4999 99. A copy of the budget adjustment is attached marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this day of October , 1998. ti V APPROVED• r . By: t•<' ir„ n. . .... , •Je;,,LI❑ By - Heather Woodruff, City Clerk Fred Hanna, Mayor d‘Its City of Fayetteville, Arkansas Budget Adjustment Form • Budget Year 1998 Department: Public Works Division: Water & Sewer Program: Capital Water Mains Date Requested 09/21/98 Adjustment # Project or Item Requested: Additional funding is requested for the HWY 45 East Pump Station & Elevated Tank Project, project # 98044. Project or Item Deleted: None. Use of fund balance is proposed for this adjustment. Justification of this Increase: Additional funding is needed to fully fund the construction of project. Justification of this Decrease: The City has increased water sales due to dry conditions during the summer sufficient to fund this request. Account Name - 71.1 lt-PV Capital Water Mains ' ` `Account Name U e f(Fun alanc 4 tJse,of,.Fund aalance=� Increase Expense (Decrease Revenue) Amount Account Number 350,000 5400 5600 5808 00 ski Decrease Expense (Increase Revenue) • . 3 4, 7.;:i Amount Account Number .it350,000 °'5400 bQ940 J4 4999 99,.. a. L.,: 1. ; . , is ZJt t*.. Project Number 98044 20 Project Number 'Approval Signatures" - �a. `;i'.$ t t t Budget Office Use Only Department Director , AdMin. Services Di ci.t. /- - }krr Mayor .,;Date 7-2-1 Date 7z 98 Date 4 a -4-4-4r Date Blue Copy:'Budget & Research / Yellew Copy: Requester Type: A B C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log E CMPPt98B UDtBAAD.NJWY45W. WK4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 133 -gr "-/4 fr CONTRACT OWNER SPECIFICATIONS AND CONTRACT DOCUMENTS WATER SYSTEM IMPROVEMENTS Phase II - Highway 45 East Area Contract Section 11 Gulley Road Pump Station For the City of FAYETTEVILLE, ARKANSAS Plans No. Fy-268 February, 1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 01 998 McGoodwnn, Williams and Yates ADDENDUM NO.2 WATER SYSTEM IMPROVEMENTS Phase II— Highway 45 East Area Contract Section 11 Gulley Road Pump Station For the City of Fayetteville, Arkansas Plans No. Fy-268 Dated February 1998 The Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: SPECIFICATIONS Section 11106 — Centrifugal Pumps Page 11106.1, paragraph B.1, add Patterson Pump Company to the list of approved suppliers, also change one of the pump operating points from 750 gpm at 80 feet to 640 gpm at 80 feet. Section 16050 — Electrical Materials and Methods Page 16050-1, paragraph B, There is no requirement for either PVC Conduit or PVC -Coated Rigid Conduit on this project. All conduit used on this project shall be Galvanized Rigid Conduit as shown on the Plans PLANS Sheet No. E-1 — Electncal and Controls Change motor M1, M2, and M3 on the LIST OF MOTORS from 20 horsepower to 30 horsepower Also change the CURRENT values from 27.0 amperes to 40.0 amperes. Add a'h inch GRC conduit with 6412 wires from the automatic transfer switch cabinet to the RTU cabinet location on the LIGHTING AND POWER PLAN Change the 2412 wires in the 11/2 inch conduit running between the direct burial cable termination box to the RTU location to 3-1 pair shielded instrumentation cables. All instrumentation cable that is called out on the Plans shall be #18 1 -pair individually shielded cable. Change Motor No. 1, No. 2, and No. 3 on the BOOSTER PUMP STATION ONELINE DIAGRAM from 20 horsepower to 30 horsepower. Change the wire running from the starter to the motor on each pump to 3-#3 with 148 ground. The switch shown on the Plans next to the roll -up door is a limit switch to indicate intrusion through this door. Furnish and install % inch GRC with 2412 wires from this switch to the man -door switch and key bypass switch that are shown on the Plans. Furnish and install one ground fault interrupter type outlet between the lighting panel transformer and the lighting panel inside the electrical room. Receptacle Circuit No. 8 that is shown in the lighting panel shall power this outlet. The electrical outlet shown in the pump room on the South wall shall be changed to a feed through type ground fault interrupter and shall be wired to protect all of the outlets on Circuit No. 2 of the lighting panel. Delete the note on the LIGHTING AND POWER PLAN that refers to a hoist power cable reel. The chain hoist does not require power. GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (501) 443-4340. Also acknowledge receipt of the Addendum in the space provided on page 5-1 of the Bid. August 28,1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501) 443-3404 FAX (501) 443-4340 ADDENDUM N0.1 WATER SYSTEM IMPROVEMENTS Phase II — Highway 45 East Area Contract Section II Gulley Road Pump Station For the City of Fayetteville, Arkansas Plans No. Fy-268 Dated February 1998 The Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: SPECIFICATIONS Section 09900 — Painting/Buildings and Structures Page 09900-1, paragraph B.2.a, add the following paragraph: CMU/Concrete Block — Exterior. All new CMU/block walls shall receive one coat of Carboline ("Sanitile") Flexxide Masonry Block Filler and two coats of Flexxide HB (single -component waterborne vinyl acrylic). PLANS Sheets Al Detail 7 — Canopy Overhang; and Sheet A2 Detail 1 Overhang Detail. The soffit material is to be prefinished metal soffit panels as specified. GENERAL It is the intent that the pump base shall be grouted into place using non -shrink grout as specified in Section 03310 of the Specifications. Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (501)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 5-1 of the Bid August 27,1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501) 443-3404 FAX (501) 443-4340 SPECIFICATIONS AND CONTRACT DOCUMENTS WATER SYSTEM IMPROVEMENTS Phase II - Highway 45 East Area Contract Section 11 Gulley Road Pump Station For the City of FAYETTEVILLE, ARKANSAS Plans No. Fy-268 February, 1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 01998 McGoodwin, Williams and Yates 1 1 1 �1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS 1 ADVERTISEMENT FOR BIDS 2 INSTRUCTIONS TO BIDDERS 4 ARKANSAS DEPARTMENT OF LABOR WAGE DETERMINATION 5 BID 6 AGREEMENT 7 PERFORMANCE BOND AND PAYMENT BOND 8 GENERAL CONDITIONS SC SUPPLEMENTARY CONDITIONS DIVISION 1 - GENERAL REQUIREMENTS 01000 PROJECT REQUIREMENTS 01025 METHODS OF MEASUREMENT AND PAYMENT 01301 SCHEDULES 01312 SEQUENCE OF THE WORK 01335 SUBMITTALS 01660 TESTING 01800 OPERATION AND MAINTENANCE MANUALS DIVISION 2 - SITEWORK 02100 SITE PREPARATION 02460 HOT -MIXED ASPHALT PAVING 02461 AGGREGATE BASE COURSE, CLASS 7 02640 BOOSTER PUMP STATION PROCESS PIPING, FITTINGS, VALVES & APPURTENANCES 02643 FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES 02831 CHAIN LINK FENCE 02835 CEDAR -CLAD FARM TYPE GATE 02930 CLEANUP AND SOLID SODDING DIVISION 3 - CONCRETE 03200 REINFORCING STEEL 03300 CAST -IN-PLACE CONCRETE 03310 APPURTENANT CONCRETE MATERIALS, JOINT FILLERS, WATERSTOPS, AND MISCELLANEOUS METALS DIVISION 4 - MASONRY 04232 DIVISION 5 - METALS 05120 05300 05420 BUILDINGS/MASONRY STRUCTURAL STEEL METAL DECKING METAL SIDING DIVISION 6 - WOOD AND PLASTICS 06100 MISCELLANEOUS CARPENTRY DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07211 FOAMED -IN-PLACE INSULATION 07412 STANDING SEAM METAL ROOF DIVISION 8 - DOORS AND WINDOWS 08110 08331 08710 DIVISION 9 - FINISHES METAL DOORS AND FRAMES ROLLING SERVICE DOORS DOOR HARDWARE 09800 PAINTING/EQUIPMENT, PIPING, VALVES AND FITTINGS 09900 PAINTING/BUILDINGS AND STRUCTURES DIVISION 10 NOT USED DIVISION 11 - EQUIPMENT 11106 HORIZONTAL SPLIT CASE CENTRIFUGAL PUMPS 11398 MISCELLANEOUS ITEMS AND EQUIPMENT 11 DIVISIONS 12 THROUGH 14 NOT USED 1 DIVISION 15 - MECHANICAL 1 15400 BUILDING PLUMBING 15500 MECHANICAL HVAC 1 DIVISION 16 - ELECTRICAL 1 1 1 1 1 1 1 16000 BASIC ELECTRICAL REQUIREMENTS 16050 ELECTRICAL MATERIALS AND METHODS 16120 WIRE AND CABLES 16140 WIRING DEVICES 16195 ELECTRICAL IDENTIFICATION 16411 POWER FACTOR CAPACITORS 16421 SERVICE ENTRANCE BREAKER 16470 CIRCUIT BREAKER PANELBOARDS 16480 COMBINATION MOTOR STARTERS 16481 CONTROL RELAYS 16515 LIGHTING FIXTURES 16620 STANDBY POWER GENERATOR AND AUTOMATIC TRANSFER SWITCH 16950 INSTRUMENTATION AND CONTROL 16995 MISCELLANEOUS ELECTRICAL iii 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 1.45 p.m. on Tuesday, September 1, 1998, for furnishing all tools, materials and labor and performing the necessary work for construction of Water System Improvements; Phase II - Highway 45 East Area; Contract Section II Gulley Road Pump Station [City of Fayetteville Bid No. 98-67]. At this time the bids received will be publicly opened and read aloud in Room 326 of City Hall. The work generally consists of: The construction of a potable water booster pump station, which includes three 20 Hp horizontal split -case pumps, all valves, pump control valves, meters, piping, instrumentation and control, electrical, sitework, paving, fencing, cleanup and seeding, and the construction of a masonry building to house the pumping equipment, and all other necessary appurtenances for a complete and operational facility 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 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 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 Water System Improvements; Phase II - Highway 45 East Area; Contract Section II: Gulley Road Pump Station [City of Fayetteville Bid No. 98-67], 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 Attention is called to the fact that the minimum prevailing wage rates for each craft or type of worker and the prevailing wage rate for overtime work as determined by the Arkansas Department of Labor shall be paid. 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 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 Stn day of August 1-2 1998. /s/ Peggy Vice Peggy Vice, Purchasing Officer 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 "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 Bld 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 with his Bid detailed 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 Bidder's 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 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. 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?. 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: 1 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at this day of ,19 2-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Name of Organization: State of County of Instructions to Bidders By Title being duly sworn deposes and says that he (she) is the of Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of 19 Notary Public My commission expires (Seal) 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; 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 related documents. 2-3 Instructions to Bidders 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 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 the subsurface 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 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 drawings but not upon other data, interpretations, opinions or information. shown or indicated in such drawings or otherwise relating 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 furnished 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 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 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 earlierof 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 M1"al .• 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 All 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 corm). 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, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that 2-7 Instructions to Bidders 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 Ownerreserves 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 required 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 in the best interests of the Project. 2-8