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HomeMy WebLinkAbout128-01 RESOLUTION• • RESOLUTION NO, 128-01 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO FAYETTEVILLE TREE AND TRENCH, INC. IN THE AMOUNT OF ONE HUNDRED SIXTY-SIX THOUSAND FOUR HUNDRED FORTY ONE DOLLARS ($166,441.00) FOR THE HINKLE MOBILE HOME PARK WATER LINE REPLACEMENTS PROJECT; APPROVING A FIFTEEN PERCENT (15%) PROJECT CONTINGENCY OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00); AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF THIRTY-EIGHT THOUSAND FOUR HUNDRED FORTY ONE DOLLARS ($38,441.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards a construction contract to Fayettev°iite'Tree and Trench, Inc. in the amount of One Hundred Sixty -Six Thousand Four Hundred Forty One Dollars ($166,441.00) for the Hinkle Mobile Home Park Water Line Replacements Project. Section 2. That the City Council hereby approves a Fifteen Percent (15%) project contingency of Twenty -Five Thousand Dollars ($25,000.00). Section 3. That the City Council hereby approves a budget adjustment in the amount of Thirty -Eight Thousand Four Hundred Forty One Dollars ($38,441.00). Section 4. That the City Council hereby Authorizes the Mayor to sign such a contract with Fayetteville Tree and Trench, Inc. PASSED AND APPROVED this 18th day of September, 2001. EATHER WOODRUFF,ity Clerk APPROVED: By: • NAME OF FILE: CROSS REFERENCE: Resolution No. 128-01 • 09/18/01 Resolution No. 128-01 09/18/01 Construction Contract with Fayette Tree & Trench, Inc. 08/30/01 Copy of the Budget Adjustment Form 08/30/01 Memo to Fayetteville City Council from Sid Norbash regarding Hinkle Mobile Home park - Water Line Replacements 08/30/01 Copy of Purchase Requisition NOTES: Co • • Res. 128-01 W` Re( CONTRACT THIS AGREEMENT, made and entered into the imrHiay of September , 2001 .., by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and Fayette Tree and Trench, Inc. , of the City of Fayetteville, Washington County , Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for water system improvements, 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 qualified bidder for the construction of said Improvements; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Bid No. 01-44 which shall be the Hinkle Mobile Home Park Water Line Replacement Fayetteville, Arkansas; including all Work required for a complete and acceptable installation, for the unit and lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being One Hundred Sixty -Six Thousand-, Four Hundred Forty -One Dollars and no/100 dollars ($166,441.00) , such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories 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 totally complete all work within ninety (90) calendar days. 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. 1 • • Res. 128-01 As soon as is practicable after the first of each calendar month, and in accordance with the Contract Specifications, 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, it 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 canplete 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 three hundred dollars ($300.00) 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 frail any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled any to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the 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, or 2) requiring the surety 2 • • 1 1 1 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. ' 17) Name 1 Witnesses* *If corporation, secretary should attest. Res. 128-01 hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should be 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. 1 1 Attest: 1 / e�e�druff,CCit�eik 1 1 1 1 1 1 CITY OF FAYETTEVILLE, ARKANSAS Dan Coody, Mayor End of Contract 3 ca-tzt) cry CietEsihiED RES ng -off Project Manual for Hinkle Mobile Home Park Waterline Replacements r IFA VETTEVILLE Prepared By: The Office of the City Engineer City Administration Building 113 W. Mountain Street Fayetteville, Arkansas 72701 August 2001 • Item Advertisement for bids Bid Proposal TABLE OF CONTENTS • MICROFILMED Instructions for bidders State Wage Determination Statement of Bidder's Contract Agreement Performance Bond Payment Bond 1-2 Standard General Conditions 1-41 Supplement to the General Conditions 1-9 pages 1-2 1-7 1-9 1-3 Qualifications 1-2 1-3 1-2 Detailed Technical Specifications Section 100 General Project requirements Section 110 Measurement and Payment Section 120 Testing Section 140 Schedules, Progress Meetings, Public Notice 1 1 1 Rock Excavation 1 Clearing Rights of way, Cutting and repairing fences 1-3 Surface Removal 1-3 Pipe for water lines - General 1 Ductile iron pipe and ductile iron pipe fittings for water lines 1-6 Section 300 Crushed Stone Base Course Section 310 Pipe Bedding Material Section 320 Section 400 Section 401 Section 406 Section 411 1 • III 11 Section 412 Polyvinyl chloride (PVC) pipe and fittings for water lines 1-7 II Section 413 Polyethylene encasement 1 Section 414 Pipe detection tape 1 I Section 450 Gate valves and butterfly valves 1-4 I Section 461 Placing pipe protection cover and compacted backfill sewer and water 1-3 Section 462 Flushing, hydrostatic testing, disinfection IIand dynamic testing of water lines 1-3 Section 472 Fire hydrants 1-2 ISection 475 Two (2) Inch Blowoff Assemblies 1 ISection 487 Pipeline cleanup and seeding 1-3 Section 491 City Street Crossings 1-3 1 Section 495 Driving Surface Repair 1-3 Section 502 Concrete 1-2 11 Section 611 Pipe underdrains (a.k.a. "French drains"). 1 1t Appendix A - OSHA Safety requirements for excavation 218-256 Appendix B - Special Provisions and Requirments 1-4 'Appendix C - Procedures for Customer Notification for Water Service Interruption 1-5 IIAppendix D - Tree Preservation 1-3 Appendix E - Special Easement Conditions 1 1 1 1 1 1 1 • • ICity of Fayetteville ADVERTISEMENT FOR BIDS II Hinkle Mobile Home Park Waterline Replacements 11 Bid Number 01-44 II Sealed bids for the construction of water lines and appurtenances, Fayetteville, Arkansas, will be received by the City of Fayetteville, Arkansas, at the Purchasing Office, Room 306, City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas, 72701, until 2:00 P.M. local time on IITuesday August 28, 2001, and then at said office publicly opened and read aloud. 1 1 1 1 1 1 1 1 1 1 1 i The proposed Work generally consists of construction of approximately 1236 feet of 8", and 1307 feet of 4" water mains including fittings and valves, service connections and 2 fire hydrants, installation of encasement pipes for water lines at sewer crossings, in accordance with the contract documents. The Contract Documents, consisting of the Advertisement for Bids, Instruction to Bidders, Bid Proposal, Contract, General Conditions, Supplementary Conditions, Payment Bond, Performance Bond, Drawings, Specifications, and Addenda, may be examined and obtained at the City of Fayetteville City Engineer's Office located at 125 W. Mountain Street, Fayetteville, AR. Each contractor shall be responsible for the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves with all conditions encountered. Each contractor shall be responsible to read and comply with the Instructions to Bidders as contained in the Contract Documents. Each bid must be accompanied by a cashier's check or surety bond in an amount of five percent (5%) of the total whole bid. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract General and Supplemental Conditions, the Owner shall retain said check or bond as liquidated damages. Bids shall be made on the official bid sheets contained in the specifications, and such bid sheets »hall not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelope addressed to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas 72701, and clearly marked on the lower left side of the bid envelope shall be the following information: The Bid number, The project name/title, the date of the bid opening, the time of the bid opening and the bidding contractor's name and license number. All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. Also, all bidders must follow the rules and regulations of the Arkansas Department of Labor Prevailing Wage Determination. No bidder may withdraw his bid within sixty (60) days after the actual date of the bid opening. All bidders will be required to attend a pre-bid 1 • • 1 conference on the job site, at the entrance to the Hinkle Mobile Home Park, on Tuesday August 21, 2001 at 9:00 A.M. in order to be qualified to bid (for details contact the City Engineer's Office at 501-575-8206). 1 i 1 1 1 1 1 1 1 1 The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities as deemed to be in the best interest of the City of Fayetteville. Peggy Vice Purchasing Manager 1 1 r • Place Fayetteville, Arkansas Date BID PROPOSAL ,2( aoo! • Proposal of v � / / ! /! ///L J �/iuj a corporation organized and exist ng under the laws of the State of a partnership consisting of an individual trading as To: City of Fayetteville City Administration Building 113 West Mountain Fayetteville, AR 72701 The undersigned hereby proposes to perform all work and furnish all materials required to be furnished for the construction of Bid No. 01-44 which shall be the Hinkle Mobile Home Park - Water Line Replacement Project, Fayetteville, Arkansas, in accordance with the following bid schedule, plan drawings and the contract documents including t e pro ect specifications, for the basic lump s4 of It is understood that the lump sum proposals, in addition to all other work includes all variable quantities listed in the proposal in the amounts so listed. The variable quantities given in the proposal are for the purpose of comparing bids only, and the basic lump sum proposal will be adjusted in the final settlement for variation in the quantities at the following unit prices: Bid Schedule Unit Prices for Variable Quantities Item Quantity Unit Amount noand unit Description price of bid 1. 1,236 LF *6" PVC C-900 DR 14 Water Main w/tracing wire Ron s 23, Ligy.00 (figures) X6 ,r, LP -QOM 4 iloeurt (total - words) * Unit price for all pipes will include bedding material, tracer tape, and tracer wire for PVC pipe, poly wrap for D.I.P. 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1,307 LF • *4" PVC C-900 DR 14 Water Main w/ tracing wire $ I lo. oo $ n),912 .Do (figures) $ � C aA 4- Ab Com (total - words) 3. 1 Ea. 8" x 8" Tapping Tee and Tapping Valve complete in place $1,32n,00$ 1,320.00 (figures) 4. 1600 lbs Compact mechanical joint (MJ) ductile iron fittings (including Mega -lug retainers). $ 3 25 $ 52 bo. Oo ((�� n( (figures) $ 1 % 12» ZaketA 3 d `j W `4 w2 C__o A (total - words) 5. 9 Ea. Eight (8) inch gate valve with box. $7Io.00$ (0)390.0o� (figures) $hueiw UUmd/D2rJ `Ism (tBeano 4- kb Co,A (total - words) 6. 4 Ea. Four(4) inch gate valve with box. $ y lo. on $ 1, '40 no (figures) $ ' aufk Lundn si `I.Q,v\ D101)San.o (4- ISO CDAA (total - words 7. 1 Ea. Six (6)inch gate valve with box. $ . l 3 , oo$ G/o o0 (figures) $'4 Lute_ fl m &Q A toAA 6000 tiw a Ab co4Jcx (total - words) 2 4 No CQ4ta 1 1 • • 8. 1 Ea. 6" x 6" Tapping Tee and Tapping Valve complete in place $ IAIto. on$ I, Oro. to (figures) re - sato lhatkActivd latuv4Vu.fine1kori VOODoM 4 kC) CoAk (total - words) 9. 2 Ea. Fire Hydrant Assemblies includes 6" gate valves $ 1,25h.Cos 2,500.00 (figures) r s&t `lounondlu n 1411A0 ARdi. LAO anncl-m of total - words) 10. 1375 SY Concrete Street Repair $ D. $ 55,DOD. Do (figures) s iI�JI n 100 UAL -fee (to 1 - words) 11. 60 SY Driveway Repair $35.CD $ 2,IDn. opr (figures) 12. 6 Ea. Water Over Sanitary Sewer crossings (See Detail) (total - words) 1/4- $ 2 (:)(1)(. 15 D 00 (figures) .: Air I,Alp 1 is Ole 13. 1 Ea. Water Under Sanitary Sewer crossing (See Detail) 4- O Cv W $3 nn 1ps 3, Duo, Go (figures) sft ha1.Dn LoWY\i AD (total - words) anal d- kb Comh 3 1 1 1 1 1 r 1 r 1 1 1 1 1 1 1 1 1 • • 14. 1 Ea. Blow -off and Test Assembly $ (OSD. ons iosn. on (figures) (total - woIds) 15. 30 Ea. Connection of existing service line to new water mains $ 210oo$ /,3ao.nn'' (figures) $11.00 14umc ud `�.rvv� pfraNCrnn d- MO Co. (total - words) 16. 10 LF 3/4" Poly -wrapped copper $ Lois() $ 166. on (figures) fp Uh_ L DO nn c4- Iq :ttrl: -Z (total - words) 17. 10 LF 1" Poly -wrapped copper ler $ Ig. )o $ nn (figures) 18. lump sum Seeding and mulching $',SO.ncs Om no (figures) sono ousc# Pio„ 41w14E2d nat,wd-IlbCo (total - words) 19. 10 CY Solid Rock Excavation $ 12.5,ons I,25o•on'' (figures) (total - words) 20. 1465 Tons Class 7 aggregate backfill for driveways, street, and parking lot crossings $ I I. En $ I/, 2417 So ✓ (figures) 4 • • 21. Lump Sum Trench Saftey per OSHA requirements $ Salons '(Dot on ber (figures) $ We 14 Lt /Y1QUWI Do90a vi d- Ab Cl2frUtO (total - words) 22. Lump Sum Mobilization $ 103.30$ lDo, nn ✓ (figures) $ brul hlunedited flonn no cofrtio (total - words) 23. 50 LF Tree Protection Fencing (See Specifications - Appendix D) $`1.600 COan.o (total words) $ 31% $19(7.5o (figures) 00Atto Bidders must bid the schedule in its entirety including all items, The City of Fayetteville reserves the right to reject any and all bids and waive any formalities as deemed in the best interest of the City of Fayetteville. The undersigned hereby declares: That he has examined the Plans and the Specifications with the related documents and the site of the proposed work and being familiar with all conditions surrounding construction of the proposed project, including availability of material and labor, hereby proposes to furnish all equipment, labor, material, plant and supplies, within the time set forth herein and at the prices stated above. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. The undersigned further agrees, if awarded the contract, the Contractor shall begin work within ten (10) calendar days from a Notice to Proceed and will fully complete all work within ninety (90) consecutive calendar days after the date of the Notice to Proceed. Should the Contractor fail to complete the work within the stated time, he shall pay the Owner as fixed, agreed, and liquidated damages $300.00 per day for each consecutive calendar day of delay until the work is completed or accepted. The undersigned submits the following subcontractors for use if the contract is awarded. The owner shall have the authority to reject the use of any subcontractor. 5 1 Subcontractors 1 Name Address Contractor's license no. 1 Additional time is allowed for delays as stipulated in the Contract Documents. The undersigned acknowledges the receipt of the following Addendum: 11 1 1 1 1 1 For changing quantities of work items from those indicated by the contract Documents, upon written instructions from the Engineer, the above unit prices as given in the proposal shall prevail. The above unit prices shall include all labor, materials, plant, bailing, shoring, overhead, profit, insurance, bonds, etc., as necessary to cover the finished work of the various kinds called for. The bidder understands that the City of Fayetteville reserves the right to reject any or all bids and waive any formalities as deemed in the best interest of the City of Fayetteville. The bidder does agree that this bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. Further the undersigned agrees to fully and completely submit the detailed "STATEMENT OF BIDDER'S QUALIFICATIONS" as found on the page immediately following the proposal. The undersigned agrees that failure to complete and/or provide the "STATEMENT OF BIDDER'S QUALIFICATIONS" shall be cause for the Owner and/or Engineer to consider the bid such bid. 1 By I/ 11 1 1 STATEMENT OF BIDDER'S QUALIFICATIONS non-responsive and to reject Title Business Address (50/) Sal- 515/9 frfrA/ice, 42 907766Z, Telephone OO(n 6,io go Arkansas License Number 1 1 1. Name of Bidder. ")41-e E .7/2F/it o 1/4t0e 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 sheets and then attached to this statement. The Bidder may submit any additional information that he desires. 1 2. Permanent main • office 3. When/organized. /9'9/ 411 address and telephone number. S! 9a/2Da 4. If a corporation, where 5. Contractor's License (s I)5�/-555% incorporated. (//jtQQial number . 0006/00/. 6. How many years have you been engaged in the contracting business under your present firm or trade name? under other names? 204 a- 7. 7. Contracts on hand. (Schedule these, showing the amount of each contract and the appropriate or re erences.) Orin anticipateddates of completions,���and a pointo contact �QcL7 1gq9969a,,. so acqth,Qc,/,, �, 4' 779% -Gt&td itbM�'T�t� y wo awli�did6f0you? o %--3865 9. Have you ever defaulted on a contract?i%OIf 10. Experience in along with the proj bs-521- 1 Liy s-' t off' ma or so, where and construction similar in size and scope to ect owners and engineers. /Orh 2.! -n 3/79 a11S 2M equipmen why? this project, ��w ��ti .fI xicci 74k_ .3o7 le 8d. Si104a ,Pnz is contract ..W sech - /Go 3og tiaa..,o,.y,to.1 12. Will you, upon request, fill out a detailed financial statement, including credit worthiness, and furnish any other information that may be required by the Owner? Dated at $'7/G/_�Z,!'fC'/2Lt 1�1�. thisy£ga/'d/ay of/�" 20 i 51 / ,{{�� /'/iz6 / 1�//G& Name of Organization: �"�,_./ �j[X,[i E N ,.�- State of County of by Title —/ deposes and says that he (she) is the being duly sworn 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 20 My commission expires (seal) Notary Public • • INSTRUCTIONS FOR BIDDERS: 1. Defined Terms. Terms used in these Instructions to Bidders defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General and Supplementary Conditions. The term "Bidder" means one who submits a Bid directly Owner, as distinct from a sub -bidder who submits a bid to a Bidder. The "Successful Bidder" shall mean the lowest, qualified responsible and which are shall to the term responsive Bidder to whom Owner (on the basis of Owner's hereinafter provided) makes an award. The term "Bidding the Advertisement or Invitation to Bid, Instructions to Proposal Form, and the proposed Specifications and Contra (including all Addenda issued prior to the receipt of Bid evaluation as Documents" includes Bidders, the Bid ct Documents s). 2. Copies of the Bidding Documents. Complete sets of the Bidding Documents in the number and amount, in any, stated in the Advertisement to Invitation to Bid may be obtained from the Engineer upon request. Complete sets of Bidding Documents must be used in preparing Bids; neither the Owner nor Engineer assumes any responsibility for error or misunderstandings resulting from the use of incomplete sets of Bidding Documents. 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. When included with, and made a part of the Bid Proposal, the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal. The "Statement of Bidder's Qualifications" is required to demonstrate qualifications to perform the Work and will be used in evaluating all bids as a basis for award. 4. Examination of Contract Documents and Site. 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 and specific conditions which may affect cost, progress, safety, performance or furnishing of the Work, (c) consider all Local, State and Federal Regulations and Laws which may affect cost, progress, safety, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents and (e) notify Engineer of any and all conflicts, errors or discrepancies in the Contract Documents. 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information 1 1 • • and data furnished to the Owner and Engineer by owners of such Underground Facilities or others, and Owner nor Engineer does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 11 4.3 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 site conditions appear in Article 4 of the General Conditions and any associated Supplementary Conditions. 1 4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional information, examinations, explorations, tests and studies which pertain to the physical conditions of the surface and subsurface ' at, or contiguous to the site or other wise which may affect cost, progress, safety, performance or furnishing of the Work and which the Bidder deems necessary to determine the Bid for performing and furnishing the Work in I accordance with the time, price and other terms and conditions of the Contract Documents. 4.5 Upon request in advance, the Owner will provide each Bidder access to the site to conduct any observations, explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall be required to fill in all holes and to restore all property to its former condition. 1 4.6 The lands upon the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in 1 performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary facilities or storage of materials and equipment are to be provided by the Contractor. Easements for ' permanent structures or permanent changes in existing structures are to be obtained in advance by the Owner unless specifically noted otherwise in the Contract Documents. 1 1 1 1 1 1 1 1 4.7 The Bidder must satisfy themselves of the accuracy to the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and specifications including any Addenda. After bids have been submitted, the Bidder shall not assert that there was any misunderstanding concerning the quantities of Work or the nature of Work to be performed. 4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that Bidder has complied with every provision and requirement of this paragraph 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 the Work. • • 5. Interpretations and Addenda. All questions about the meaning or intent of the Contract Documents are directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions, and/or any information deemed necessary by the Owner or Engineer, will be issued Addenda mailed or delivered to all parties recorded by the Engineer as received the Bidding Documents. Only questions answered and/or other information furnished by formal written Addenda will be binding. The Point of Contact for questions and clarifications for this specific project is Sid Norbash Staff Engineer (501) 575-8206. 6. Bid security. Each Bid must be accompanied by Bid security made payable to the Owner amount od five percent (5%) of the Bidder's total maximum bid price and form of a certified or bank check or a Bid Bond (on form attached, if a is prescribed and included) issued by a surety meeting the requirements General and Supplementary Conditions. to be by having in an in the form of the 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 the Owner believes to have a reasonable chance of receiving award may be retained by Owner until the earlier of the seventh day after the Effective Date of Agreement or the 61st day after the Bid opening, whereupon the Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within 10 days of Bid opening. 7. Contract Time. The number 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 as set forth in the Bid Proposal, Contract Agreement and Technical Specification 100 - General Project Requirements. 8. Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the Bid Proposal and/or the Contract Agreement. 9. Substitute or "Or -equal" items. The Contract, if awarded, will be on the basis of materials and equipment 3