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Home My WebLink About194-92 RESOLUTIONRESOLUTION NO. 194-92 A RESOLUTION AUTHORIZING THE: MAYOR AND CITY CLERK TO EXECUTE A CONSTRUCTION CONTRACT WITH BENSON CONSTRUCTION IN THE AMOUNT OF $1,992.164 (WHICH INCLUDES A 5% CONTINGENCY) FOR SANITARY SEWER MAIN REPLACEMENT AND REHABILITATION IN THE II.IJNOIS RIVER WATERSHED BASINS 10 AND 11 AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYF.TTEVILLE, ARKANSAS: Section 1. That the City Council hereby authorizes and directs the Mayor and City Clerk to execute a construction contract with Benson Construction in the amount of 51.992,164 (which includes a 5% contingency) for sanitary sewer main replacement and rehabilitation in the Illinois River Watershed Basins 10 and 11. A copy of the contract authorized tor execution is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the City Council hereby approves a budget adjustment in the amount of $528,895 transferring funds from Acct. No. 54000940-4999.99, Use of Fund Balance to increase Acct. No. 5400-5700`5315.00, Sewer Main Construction. A copy of the budget adjustment for approval is attached hereto and made a part hereof. $SIT is= n 3. The aforementioned contract authorization is expressly contingnet upon a favorable outcome of the appeal of Hasha v. City of Fayetteville commonly known as the sales tax lawsuit. PASSED AND APPROVED this 15th day of December 1992. ATTEST: By: 1c ... Sherry I'. Thomas, City Clerk ALANAAI APPROVED: By Fred Hanna, Mayor This contract was written contingent upon the sales tax lawsuit outcome favorable. However, since it was not, this is null and void. Refer to contract and rescluticn 54-93 which is a signed copy and valid. ADJUSTMENT CITY OF FAYETTEVILLE, ARKANSAS IN -YEAR BUDGET ADJUSTMENT BUDGET YEAR DEPT: R,LLt k)a'.S DATE REQUESTED INCREASE I�q2 DIV : WArrt4 Sew.A PROG: Steri Ha as ezeisrout441 +2• Se 9/- ACCOUNT TITLE II PROJECT11ttOR ITEM REQUESTED: �y�y� Sewn )44 LIANA (cis1RulLwa QcfL1-444 .� .VVAlts eat 112 -Ave Ski -fel Sawtt MA,Q StleA_""'_I *D ttAAere+n$m4 dd tcc,oas Riuct CWIUSIIta g4Ce4 IL reM �+, .1t�J to ACCOUNT NUMBER PROJ. NO. + �: s p M,��- a �� 1 e, Welt a cee.eet,..,cle .s cJac4 Ota ,., lt. Qla.a,sre.e.uc o S40 0'.1100 • Sac$-Citl C1°0 f 2 JUSTIFICATION OF THIS INCREASE Adl,1..6uJ woLL as ttib.,,p4.cl i.e (yiec.,(onal L jo4 44.4 otlGnutt Scepe �e.r,.fee! lea 4).41 pia PROJECT OR ITEM DELETED: MaaiE. JUSTIFICATION OF THIS DECREASE r".,ps Alt ilo" 44 Nf3 /4444 .erPa.lages 11" Sc. -s... AWL. weak. AMOUNT tit,g9 DECREASE ACCOUNT TITLE USE oc Poo ist.Hct ACCOUNT NUMBER PROJ. NO. €40S- 0940- 4944-44 AMOUNT $SZ4,49S DATE BUDGET OFFICE USE ONLY REQUEST BUDGET COORDINATOR DEPARTMENT DIRECTOR ADMIN. SERVICES DIRECTOR CITY MANAGER Entered Posted DATE OF APPROVAL Type: A B C D Date 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • September 1992 CONTRACT . DOCUMENTS Volume 1 Sanitary Sewer Main Replacement and Rehabilitation Illinois River Watershed Basin 10 and Basin 11 City of Fayetteville Fayetteville, Arkansas PrePared by RJN Environmental Associates, Inc. Consulting Engineers Dallas, Texas in association with McClelland Consulting Engineers, Inc. Fayetteville, Arkansas CONTRACT DOCUMENTS SANITARY SEWER MAIN REPLACEMENT AND REHABILITATION ILLINOIS RIVER WATERSHED BASIN 10 AND BASIN 11 CITY OF FAYETTEVILLE FAYETTEV LLE, ARKANSAS SEPTEMBER 1992 I hereby state that these Contract Documents were prepared under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Arkansas. W12.- ......-•-4 Vdier II NAP*MM.. alar 1. Arkansas temporary perni. number _S2 -2L. Issued 9-: for the year 1992_. S:::nature oi11-.7:r r. 1 • • • • Benson Construction Co.. Tnr. Contractor 1081 Hwy 157 N. Street Address Haughton, LA 71337 City & State 318-949-9898 Telephone VOLUME I CONTRACT DOCUMENTS SANITARY SEWER MAIN REPLACEMENT AND REHABILITATION ILLINOIS RIVER WATERSHED BASIN 10 AND BASIN 11 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS RJN ENVIRONMENTAL ASSOCIATES, INC. CONSULTING ENGINEERS DALLAS, TEXAS IN ASSOCIATION WITH McCLELLAND CONSULT;NG ENGINEERS, INC. FAYETTEVILLE, ARKANSAS SEPTEMBER 1992 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SANITARY SEWER MAIN REPLACEMENT AND REHABILITATION ILLINOIS RIVER WATERSHED BASIN 10 AND BASIN 11 FAYETTEVILLE, ARKANSAS ADDENDUM 1 Release Date: October 28, 1992 Information to Bidders: The Contract Documents for the above titled project are revised and amended as follows: 1. Invitation to Bid; Page 1 - Bid date is changed from 2:00 P.M., local time on Wednesday, November 4, 1992 to 2:00 P.M., local time on Wednesday, November 11, 1992. 2. Instruction to Bidders: Page 8 - Paragraph Z. Delete - The successful Bidder shall commence work within ten (10) calendar days from and after the issuance by the Owner of a written Notice to Proceed, shall substantially complete all work in accordance with the terms and conditions of the Contract Document no later than March 31, 1993, and shall complete all work in accordance with the terms and conditions of the Contract Documents no later than April 30, 1992. Add - The successful Bidder shall commence work within ten (10) calendar days from and after the issuance by the Owner of a written Notice to Proceed, shall substantially complete all work in accordance with the terms and conditions of the Contract Documents no later than April 30, 1993, and shall complete all work in accordance with the terms and conditions of the Contract Documents no later than May 30, 1992. 3. Bid; Page 2, the following change: The date of substantial completion is changed from March 30, 1993 to April 30, 1993. The date to fully complete the work to the point of final acceptance is changed from April 30, 1993 to May 30, 1993. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4. Part D, Special Conditions, Section 02-16, Page D2- 16 (13) item C.6 - add the following paragraph: P. Temporary Pavement Repair; When temperature or other conditions prevent the placement of final asphalt or concrete street pavement, the Contractor shall complete temporary street repairs using cold mix asphalt as specified by the Owner. When conditions permit, final pavement repairs shall be made in accordance with these specifications. 5. Contract Document; Volume II, page 20; Delete Job No. 3039. Bidders shall acknowledge receipt of this addendum on the bid proposal and on the outside of the sealed bid envelope. Hugh M. Kelso Project Manager RJN Environmental Associates, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SANITARY SEWER MAIN REPLACEXENT AND REHABILITATION ILLINOIS RIVER WATERSHED BASIN 10 AND BASIN 11 FAYETTEVILLE, ARKANSAS ADDENDUM 2 Release Date: November 2, 1992 jnformation to Bidders: The Contract Documents for the above titled project are revised and amended as follows: • Bid; Page 23, add the following change: Pay Item 3Q1, Approximate Quantity 80 LF Description: Bored 24" Steel Casing Under Railroad. Dollars & _� Cents per LF. Unit Price $_ __ Amount $ The revised page 23 of the Bid section shall be attached to the bid and the amount d luded in the Subtotal Constructionofotshall SanitarySewersandetheoTotal Amount Bid. Bidders ndum on the proposalsandloncthewledge outsideeofipt of this the sealed bid e bid envelope. M gito Hugh M. Kelso Project Manager RJN Environmental Associates, Inc. 1 PAY ITEM 3P2 1 1 1 3Q1 1 1 1 L APPROXIMATE OUANTITY 1 LS 8O LF 1 SUBTOTAL CONSTRUCTION 1 1 1 1 1 1 1 1 1 1 DESCRIPTION OF ITEMS WITH UNIT BID PRICES WRITTEN IN WORDS PRICE Relocate 6" Water Main Prospect Street Dollars & Cents per LS Bored 24" Steel Casing Under Railroad Dollars 6 Cents per LL $ OF SANITARY SEWERS $ AMOUNT BID (in writing) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SANITARY SEWER MAIN REPLACEMENT AND REHABILITATION ILLINOIS R1VER WATERSHED BASIN 10 AND BASIN 11 FAYETTEVILLE, ARKANSAS ADDENDUM 3 Release Date: November 5, 1992 Information to Bidders: The Contract Documents for the above titled project are revised and amended as follows: 1. Invitation to Bid; Page 1 - Bid date is changed from 2:00 p.m., local time on Wednesday, November 11, 1992 to 2:00 p.m., local time on Thursday, November 12, 1992. 2. Part D. Special Conditions, Section D1-9, Page D1-9(2), item C.2. Infiltration - Delete the following paragraph: Conduct infiltraton tests on sewers before acceptance by the Owner. For sewers with a diameter less than twenty-four (24) inches, the infiltration-exfiltration shall not exceed two hundred (200) gallons per day per inch of nominal diameter per mile of sewer line for any section of the system. For sewers with a diameter twenty-four (24) inches or greater, infiltration -exfiltration shall not exceed six thousand (6,000) gallons per day per mile of pipe. Add the following paragraph: Conduct infiltration tests on sewers before acceptance by the Owner. For sewers with a diameter less than twenty-four (24) inches, the infiltration-exfiltration shall not exceed one hundred (100) gallons per day per inch of nominal diameter per mile of sewer line for any section of the system. For sewers with a diameter twenty-four (24) inches or greater, infiltration- exfiltration shall not exceed six thousand (6,000) gallons per day per mile of pipe. 3. Part D. Special Page D2-13 (3), paragraph: Conditions, Section D2-13, item B.2.0 - Delete the following The pipe shall be made of PVC plastic having a cell classification of 12454 B, or 12454 C as defined in ASTM D 1784. The resin portion of the copolymer compounds shall contain a minimum of 90 percent vinyl chloride and the compounding ingredients shall not exceed 10 percent by weight. The compounding ingredients may consist of lubricants, stabilizers, non poly (vinyl chloride) resin modifiers, and pigment essential for processing, property control, and coloring. Certifiation of resin compounding shall be provided by the pipe manufacturer prior to shipment to the job site. Add the following paragraph: The pipe shall be made of PVC plastic having a cell classification of 12454 B, as defined in ASTM D 1784. The resin portion of the copolymer compounds shall contain a minumum of 90 percent vinyl chloride and the compounding ingredients shall not exceed 10 percent by weight. The compounding ingredients may consist of lubricants, stabilizers, non poly (vinyl chloride) resin modifiers, and pigment essential for processing, property control, and coloring. Certification of resin compounding shall be provided by the pipe manufacturer prior to shipment to the job site. 4 Section C, General Conditions, Page 87, item S, Excess Engineering costs - Add the following paragraph: e. The Engineer shall determine when observation of construction activities beyond the regular eight hour day is required. 5. Section C1, Supplementary Conditions, Page C1-3, Add the following item: m. The City of Fayetteville has Tort Immunity under Arkansas Law. Nothing in these Contract Documents shall be construed or interpreted as the City waiving that Tort Immunity. Bidders shall acknowledge receipt of this addendum on the bid proposal and on the outside of the sealed bid envelope. P2 i Hugh M. Kelso Project Manager RJN Environmental Associates, Inc. 1 u 1 1 '1 1 1 1 1 1 1 1 1 1 1 1 1 TITLZ • • vl yT • p - . ... •_1 o Downers FOR TNT . CITY or PAYMITEVEUGS BTR SYSTEM IMPROVEMENTS INEWIErarla SECTION Pvalfiv VOLUME I SINN DOGOM 5 R nlpi'larIOM TO BID - 1-3 INS TO SIBS* 1-10 S IDI 1-29 sin Sown • 1-9 ▪ RS 1 S ' MM CM szrzsismci OF mesa 1 • srhismirr Cr commrisz1r 1 COMTIATBRIED DOCUMENTS .S ANNINNINT -s STUNT= psnronnsnez 1-s • INO •PNRFONINWcl BOND CNERiRICINE OF OEMs S ar ursx 1 copiTiONS OB res ocea+us • ▪ .. OCEDIWKagi+C 1-69 • suppLannox {XMpxTIONs . ca. 1-3 oasiinneriaN raw . D :SWIM Mono 1 PCIOn=C PAYMENT WORMS • •• 1-5 • =OE Olga 1-3 arm 1 • bion Ms individual Table of Contests • • • • S .1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I i• 1 • TflLE • • �nsra o� (cant.) • • u OTION Pada. SPECIFICATIONS DZVMON 1 - OBSERILL NNOVIRINIRTD* 03. DIVISION 2 - SIT! 11060[* D2 RAI®OL! REHABILITATION DETAILS* ! • FORKS P NINE= »nIILITATION SL7rLE a CONSTRUCT= EASflESTS AND COIWITICIl8 l< • n • • 1 1-7 • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� CITY OF FAYETTEVILLE ;NVITATION TO BID SANITARY SEWER MAIN REPLACEMENT AND ILLINOIS RIVER WATERSHED REHABILITATION BASIN 10 AND BASIN 11 FECEIPT OF BIDS Separate sealed bids for Sanitary Sewer Main Replacement and Illinois River Watershed Rehabilitation, Basin 10 and Basin 11 in Fayetteville, Arkansas are invited and will be received at the office of the Purchasing Officer located at 113 W. Mountain, Fayetteville, Arkansas, 72701 on or before, but no later than 2:00 PM, Local Time, on Wednesday, November 4, 1992, and immediately thereafter or as soon thereafter as is practicable all bids received will be publicly opened and the bid prices read aloud. The proposed work consists of the construction of approximately 4,009 linear feet of 15 -inch through 18 -inch diameter relief sewer, construction of approximately 9,652 linear feet of 8 -inch diameter sewer, 95 linear feet of 10 -inch sewer, and 747 linear feet of 12 -inch sewer, lining of approximately 2,500 linear feet of 6 -inch and 8 -inch sewer, and rehabilitation of sanitary sewers and manholes. The rehabilitation work includes replacement of 205 manhole covers and frames, replacement of approximately 200 vertical feet of manhole frame and grade adjustments, sealing of 210 manhole frames and grade adjustments, and sanitary sewer line point repairs. Sealed envelopes or packages containing bids shall be marked or endorsed "Sanitary Sewer Main Replacement and Rehabilitation, Illinois River Watershed, Basin 10 and Basin 11 in Fayetteville, Arkansas.' CONTRACT DOCUMENTS Copies of the Contract Documents ars on file and are available for inspection at the offices of RAIN Environmental Associates, Inc., 530 N. College Avenue Bldg. E, and McClelland Consulting Engineers, Inc. 1810 N. College Avenue, Fayetteville, Arkansas. A pre-bid meeting shall be held at 113 W. Mountain, Fayetteville, Arkansas, on October 27, at 1:30 p.m. Said Contract Documents are by this reference incorporated into and made a part of this Invitation to Bid and should be consulted for full particulars. 1 Invitation to Bid City of Fayetteville Sanitary Sewer Improvements Copies of the Contract Documents required for review or bidding purposes may be obtained only from the Office of McClelland Consulting Engineers, Inc., 1810 N. College Avenue, Fayetteville, Arkansas, upon payment to McClelland Consulting Engineers, Inc., 1810 N. College, Fayetteville, Arkansas, of $70.00 in check or money order for each set of documents obtained. The Contract Document fee is non-refundable. BID SECURITY Each bid shall be accompanied by a certified check or a cashier's check or bid bond payable to the order of the City of Fayetteville, Arkansas in an amount not less than five percent of the bid as a guarantee that the bidder will, within ten (10) days after the date of the award of contract, execute an agreement and file bonds and insurance as required by the Contract Documents if his bid is accepted. RIGHT TO REJECT BIDS The Owner reserves the right to reject all bids for failure to comply with all requirements of this notice or any of the Contract Documents; however, the Owner may waive any minor defects or informalities at its discretion. The Owner reserves the right to defer the acceptance of any bid and the execution of a contract for a period not exceeding ninety (90) days after the date of opening of bids. Extension of time beyond the ninety (90) day period after the date of opening of bids may be made only by mutual agreement between the Owner, the successful bidder and the Surety for the successful bidder. AWARD OF CONTRACT Unless all bids are rejected the contract award will be made to the lowest, responsible, responsive Bidder. In determining who is the lowest responsive, responsible bidder, the Owner will consider all relevant factors which the Owner may consider in determining who is the lowest responsive, responsible bidder. Any bid may be modified or withdrawn prior to the above scheduled time for the opening of bids. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof. The successful bidder shall furnish a performance bond, labor and material bond, and a maintenance bond each for one hundred (100%) percent of the Contract amount and shall file certificates with the Owner that he has obtained and will continue to carry Workmen's Compensation Insurance, Owner's and Engineer's Protective Insurance, public and private liability and property damage insurance in adequate amount and for the life of the Contract. Invitation to Bid City of Fayetteville Sanitary Sewer Improvements 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 All questions or correspondence concerning the plans and specifications shall be directed to the Engineer, RJR Environmental Associates, Inc., 530 N. College Avenue Bldg. E, Fayetteville, Arkansas 72701, phone no. (501) 444-6119. City of Fayetteville, Arkansas pegay Bates Purchasing Officer Publication: North est AR Times Oct. 15 • 19 92 Oct. 22 , 19 92 P. O. # 33721 3 Invitation to Hid City of Fayetteville Sanitary Sewer Improvements All questions or correspondence concerning the plans and specifications shall be directed to the Engineer, RJN Environmental Associates, Inc., 530 N. College Avenue Bldg. E, Fayetteville, Arkansas 72701, phone no. (501) 444-6119. City of Fayetteville, Arkansas Pecray Bates Purchasing Officer Publication: , 19 P. O. , 19 Invitation to Bid City of Fayettcv:;le Sanitary Sewer LnprovenentS TABLE OF CONTENTS FOR INSTRUCTIONS TO BIDDERS SUBJECT PAGE A EXAMINATION OF SITE 1 B EASEMENTS 1 C EXAMINATION OF BIDDING DOCUMENTS 1 D INTERPRETATION OF CONTRACT DOCUMENTS 1 E MATERIAL SUBSTITUTION 2 F APPROXIMATE QUANTITIES 2 G PREPARATION OF BID 2 H SIGNING OF BID 3 I BID SECURITY 3 J RETURN OF BID SECURITIES 3 K AGREEMENT, BONDS, INSURANCE 3 L DESIGNATION OF SUBCONTRACTORS 3 M BID SUBMITTAL 4 N WITHDRAWAL OF BID 4 0 QUALIFICATION OF BIDDERS 4 P DISQUALIFICATION OF BIDDERS 5 Q PENALTY FOR COLLUSION 5 R LICENSE 5 S PRECONSTRUCTION CONFERENCE 6 T BID OPENING 6 U AWARD OF CONTRACT 6 ✓ EFFECTIVE DATE OF AWARD 7 W EXECUTION OF AGREEMENT 7 X FAILURE TO EXECUTE AGREEMENT AND FILE BONDS AND INSURANCE 7 Y PAYMENT FOR EXCESS COSTS AND LIQUIDATED DAMAGES 8 Z COMMENCEMENT AND COMPLETION OF WORK 8 AA INFORMATION NOT GUARANTEED 8 BB COVENANT AGAINST CONTINGENT FEES 9 CC GRATUITIES 9 DD SUBCONTRACTS UNDER CONSTRUCTION CONTRACTS• . . ▪ 10 INSTRUCTIONS TO BIDDERS Examination of Site Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all laws, regulations, and other factors affecting performance of the Work. He shall carefully correlate his observations with the requirements of the Contract Documents and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a.Bid will constitute a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of familiarization. B. Easements Portions of the improvements under this project may involve construction on private property for which easements have been secured by the Owner. Work performed on, or use of such easements, shall be subject to the provisions of the easement agreements on file and open to inspection in the office of the Owner. C. Examination of Bidding Documents Each Bidder by making his Bid represents that he has read and understands the Bidding Documents. The Bidder shall include in his bid prices any and all costs that may be necessary to complete the work in accordance with the requirements of the Contract Documents. D. Interpretation of Contract Documents Questions regarding documents, discrepancies, omissions, or intent of the Specifications or drawings shall be submitted in writing to the Owner through the Engineer, at least ten days prior to opening of bids to provide time for issuing and forwarding an addendum. Any interpretation of the Contract Documents will be made only by addendum duly issued or delivered by the Owner to each person receiving a set of documents. The Owner will not be responsible for any other explanations or interpretations of the Contract Documents. 1 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 E. Material Substitution Each Bidder shall base his Bid upon the materials and equipment as described in the Bidding Documents. The successful Contractor will not be allowed to make any substitutions on his own initiative, but in each instance will be required to obtain authorization from the Owner before installing any work in variance with requirements of the Contract Documents. F. Approximate Quantities On all items on which Bids are to be received on a unit price basis the quantities stated in the Bid will not be used in establishing final payment due the Contractor. The quantities stated, on which unit prices are invited, are approximate only. Bids will be compared on the basis of number of units stated in the Bidding Schedule. Payment on the Contract on unit price items will be based on the actual number of units installed in the completed work. G. preparation of Bid Only bids which are made out on the Bid Form included in this document will be considered. The Bid Form must not be separated from this document. Amounts are to be shown in both words and figures where indicated. In case of discrepancy between words and figures the words shall prevail, unless it clearly appears in Owner's opinion that the words rather than the figures are in error. If any portion of the Bid is required to be given in unit prices and totals and a discrepancy exists between the unit price totals, the unit prices shall prevail, unless it clearly appears in Owner's opinion that the unit pricesbetween the esrat the total are in error. If a discrepancy r total base Bid and the true sum of the individual Bid items, the true sum shall prevail. A Bid will be rejected if it does not contain a price for each and every item named in the bidding schedule. Bidders are warned against making any erasures or alterations of any kind, and Bids which contain omissions, erasures, conditions, alterations, or additions not called for may be rejected. If a deficiently prepared bid is not rejected, the Owner may demand correction of any deficiency and award the contract to the bidder upon satisfactory compliance with the Instructions. Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 2 H. Signing of Bid If the Bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a co -partnership, the true name of the firm shall be set forth together with the signatures of all the partners. If Bidder is an individual, his signature shall be inscribed. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a power of attorney must be on file with the Owner prior to opening Bids or submitting Bids; otherwise, the Bid may be regarded as irregular. I. Bid Security 1 1 1 1 1 No Bid will be considered unless accompanied by a Bid , security as defined in the Invitation to Bid, as a guarantee ' that if the Bid is accepted the Bidder will execute the Agreement and file bonds and insurance as required by the Contract Documents within 10 days from the date of the award of the Contract. For the bid bond to be acceptable, the , name of the surety company issuing said bond shall be licensed to do business in the State of Arkansas and shall be included on the current U.S. Treasury list of acceptable ' sureties, and the amount of the bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. ' J. Return of Bid Securities The security of the two lowest Bidders will be returned after the execution of the agreement with the successful Bidder and the approval of his bonds and insurance. The security of all other Bidders will be returned promptly after the Bids have been opened and reviewed by the Owner. If all Bids are rejected the securities will be returned at the time of rejection. K. Agreement, Bonds, Insurance The attention of Bidders is specifically directed to the forms of agreement and bonds to be executed and types of insurance to be taken out in the event a contract award is made. 3 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 1 1 1 1 1 1 1 1 1 1 1 1 L. Designation of Subcontractors Each bidder shall list on the form included in these documents the names and addresses of all subcontractors who will perform work or labor or render service to the Bidder on or about the construction site in an amount in excess of five percent of the Bidder's total base Bid. Each Bidder shall show on the form the portion of the work to be done by each subcontractor. The Contractor shall be required to perform a minimum of ten (10) percent of the contract amount with his own crews. 1 M. Did Submittal 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Each Bid, properly signed, together with the Bid security and all documents bound herewith, shall be enclosed in a sealed envelope addressed and entitled as specified in the Invitation to Bid and delivered to the office designated in the Invitation to Bid. 2. Each Bidder shall submit with his Bid one copy of Volume I of the Contract Documents with all Addendum and the "Subcontractors" form contained in this document. N. Withdrawal of Bid Any Bid may be withdrawn at any time prior to the hour fixed in the Invitation to Bid for the opening of Bids, provided that a request in writing, executed by the Bidder, or his duly authorized representative, for the withdrawal of such Bid is filed with the Owner prior to the time specified for opening of Bids. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid O. oualification of Bidders 1. It is the intention of the owner to award a Contract only to a Bidder who furnishes satisfactory evidence that he has the requisite experience and ability and that he has sufficient capital, facilities, and plant to enable him to prosecute the work successfully and promptly, and to complete the work within the time specified in the Contract Documents. 2. Each Bidder shall submit with his Bid the executed Bidder's "Statement of Experience" form and "Statement of Commitment" form contained in this document. Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 4 3. The Owner reserves the right to require the three lowest Bidders to file proof within seven (7) calendar days of the Bid opening of their ability to finance and execute the project. This proof shall include, but not be limited to, a financial statement certified by a CPA for the last three years, a list of equipment owned by Bidder, a backlog of jobs under contract and amounts, and a record of successful completion of similar projects. 4. The successful bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. 5. The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. 6. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such Contractor's and Business Licenses as required by State statutes and the Rules and Regulations of the Arkansas Contractor's Licensing Board. P. Disqualification of Bidders More than one Bid for the same work described in this document from an individual, firm or partnership, a corporation or an association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one Bid for the work contemplated will cause the rejection of all Bids in which such Bidder is interested. If there is reasonable grounds for believing that collusion exists among the Bidders, the Bids of the participants in such collusion will not be considered. Q. Penalty for Collusion If at any time it shall be found that the person, firm, or corporation to whom the contract has been awarded has, in presenting any Bid or Bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Contractor and his sureties shall be liable to the Owner for all loss or damage which the Owner may suffer thereby, and the Owner may advertise for new Bids for said work. 5 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements R. License Each Bidder shall possess state and local licenses as are required by law, and shall furnish satisfactory proof to the Owner upon request that the licenses are in effect during the entire period of the Contract. S. preconstruction Conference A preconstruction conference shall be held after the time of the Contract award and before the Notice to Proceed to discuss the responsibility of each party in the project and to clarify any questions. Representatives of the Contractor shall be required to attend the conference. T. Did Opening Bids will be opened and the prices bid will be read aloud publicly at the time and place indicated in the Invitation to Bid. Bidders or their agents are invited to be present. U. Award of Contract 1. The Owner shall award a contract to the Bidder whom, in the Owner's judgement, is the lowest responsive, responsible Bidder. The Owner reserves the right to reject all Bids, to waive informalities, and to reject nonconforming, nonresponsive, or conditional Bids. 2. In evaluating Bids, Owner shall consider the qualifications of the Bidders whether or not the Bids comply with the prescribed requirements, and alternatives and unit prices if requested in the Bid Form. Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment), and may reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 3. A responsive Bidder shall be one who has responded accurately to all requirements of these Contract Documents and the preparation and submission of his Bid. If any alterations, erasures or changes are made to the printed Bid Form, the Bid shall be considered nonresponsive. Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 6 4 The Owner reserves the right to accept and incorporate corrections, clarifications or modifications following bid opening when to do so would not, in the Owner's opinion, prejudice the bidding process or create any improper advantage to any bidder; and to waive irregularities and informalities in any proposal submitted or in the bidding process; provided, however, that the waiver of any prior defect or Informality shall not be considered a waiver of any future or similar defects or informalities and bidders should not rely upon, or anticipate, such waivers in submitting their proposals. 5. If the Contract is awarded, Owner shall give the apparent successful Bidder a Notice of Award within 90 days after date of the Bid Opening. V. Effective Date of Award If a Contract is awarded by the Owner, such award shall be effective when formal notice of such award, signed by the authorized representative of the Owner, has been delivered to the intended awardee, by some officer or agent of the Owner duly authorized to give such notice or received by mail at the main business address shown on his Bid. W. Execution of Agreement Copies of the Agreement in the number stated in the form of Agreement, shall be executed by the successful Bidder, and returned, together with the required bonds and insurance, within ten days from and after the date of the award of the Contract. Effective date of bonds shall be the same or later than the date of the Agreement. The Owner has ten days from receipt of acceptable performance bonds and Agreement (signed by the Contractor) to sign the Agreement and return to the Contractor an executed duplicate of the Agreement. X. Failure to Execute A.reement and File Bonds and Insurance Failure of a successful file required bonds and shall be just cause for failure of a successful Bidder to execute the Agreement and insurance within the required time the annulment of the awards. On Bidder to execute the Agreement and 7 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 file the required bonds and insurance within the required time, he shall forfeit his Bid security as agreed hereinbefore. Upon annulment of an award as aforesaid, the Owner may then award a Contract to the next lowest responsible Bidder. Y. Payment for Excess Costs and Liauidated Damaaes The successful Contractor will be required to pay for excess cost of field engineering and inspection and liquidated damages as defined in the General Conditions of the Contract, if extensions of time are granted by Owner because of avoidable delays as defined in the General Conditions of the Contract. Z. Commencement and Completion of Work The Notice to Proceed shall be issued within ten days of the execution of the Agreement by the owner. The successful Bidder shall commence work within ten calendar days from and after the issuance by the Owner of a written Notice to Proceed, shall substantially complete all work in accordance with the terms and conditions of the Contract Documents no later than March 31, 1993, and shall complete all work in accordance with the terms and conditions of the Contract Documents no later than April 30, 1993. The Notice to Proceed will be issued after receipt of acceptable insurance, bonds, and other required items. AA. Information Not Guaranteed 1. All information given on the Drawings or in the other Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the Owner. All such information is furnished only for the information and convenience of bidders and is not guaranteed. 2. It is agreed and understood that the Owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes or other structures encountered during construction will be the same as those indicated on the Drawings or in the other Contract Documents. Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 8 3 It is agreed further and understood that no bidders or contractor shall use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the Owner or the Engineer, arising from or by reason of any variance which may exist .between the information made available and the actual subsurface or other conditions, natural phenomena, existing pipes or other structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents. BB. Covenant Against Contingent Fees The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty the owner shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. CC. Gratuities 1. The owner may, by written notice to the contractor, terminate the right of the contractor to proceed under this contract if it is found, after notice and hearing, by the owner that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the contractor or any agent or representative of contractor, to any official or employee of the Owner with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of this contract: Provided, that if the existence of the facts upon which the Owner makes such findings are in issue, they may be reviewed in proceedings pursuant to Article 30 (Arbitration) of the General Conditions of this contract. 2 In the event this contract is terminated as provided in the paragraph (1) above, the owner shall be entitled: a) to pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor, and 9 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 1 1 1 1 1 1 1 1 1T 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 b) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Owner) which shall be not less than three nor more than ten times the costs incurred by the contractor of providing any such gratuities to any such officer or employee. 3. The rights and remedies of the owner provided in this clause shall not be exclusive and are in additions to any rights and remedies provided by law or under this contract. DD. Subcontracts Under Construction Contracts The award or execution of all subcontracts by a prime contractor and the procurement and negotiation procedures used by such prime contractor in awarding or executing such subcontracts shall comply with: 1. All provisions of State and local law; 2. All provisions of these General Conditions with respect to fraud and other unlawful or corrupt practices; and 3. All provisions of these General Conditions with respect to access to facilities and records and audit of records. END OF INSTRUCTIONS TO BIDDERS SECTION Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Name of Bidder Business Address Date CITY CF FAYETTEVILLE, AR BID SANITARY SEWER MAIN REPLACEMENT AND REHABILITATION ILLINOIS RIVER WATERSHED BASIN 10 AND BASIN 11 3enson Construction Co.. Inc. 1081 Hwy 157 N Haughton. LA 71Q37 November 12. 1922 To: The City of Fayetteville, AR The undersigned, as Bidder, declares that the only person or parties interested in this Bid as principals are those named herein; that this Bid is made without collusion with any person, firm or corporation; that he has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications for the above designated work, all other documents referred to or mentioned in the Contract Documents, the Contract Drawings and Specifications, including Addenda Nos., and issued thereto; and he proposes and agrees if this—Si, d is accepted that he will contract with the City of Fayetteville, AR, in the form of the copy of the Agreement included in these Contract Documents. to provide all necessary machinery, tools, apparatus, and other means of construction, including utility and transportation services necessary to do all the work and furnish all materials and equipment specified or referred to in the Contract Documents, in the manner and time therein prescribed and according to the requirements of the City of Fayetteville, AR as therein set forth to furnish the Contractor's Bonds and Insurance, and to do all other things required of the Contractor by the Contract Documents, and that he will take in full payment therefor the sums set forth in the following Bid Schedule. I. DID SCHEDULE Bidder agrees to perform all the work described in the Contract Document for the following unit prices. Note: Bids shall include sales tax and all other applicable taxes. 1 Bid City of Fayetteville Sanitary Sewer I^rrovements