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Home My WebLink About83-92 RESOLUTION11, • ✓ T RESOLUTION NO. 83-92 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH INSITUFORM TEXARK, INC. IN THE AMOUNT OF $354,815.00 FOR SEWER REHABILITATION. BE IT RESOLVED BY THE HOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Insituform Texark, Inc. in the amount of $354,815.00 for the Dickson Street sewer line rehabilitation. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19th day of May , 1992. APPROVED: By: ATTEST: By Mayor • 1 • 4 • • McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville. Arkansas 72703 Telephone 501/4433404 FAX 5011443.4340 June 11, 1992 Re: Bid Documents Sanitary Sewer System Rehabilitation and Reconstruction Minisystems 2 and 18B/C Contract Section II Fayetteville, Arkansas Project No. Fy-210 Ms. Sherry Thomas, City Clerk City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Dear Ms. Thomas: Enclosed for the city's permanent files is the original bound bid of Insituform-Texark, Inc. submitted April 9, 1992, for the above referenced project. Sincerely, WIN; Velvina Buzik VB:sc Enclosure - tirsibContinental Insurance,. KNOX ALL 111N BY THESE. PRESFNTS: That, I::SITUFORM 'IEXARK,.•INC. BID BOND II ...... of 17888••ldisn:t.Auanue,...CiteayerEield,.'�....., State of.biiasouri•..63005 hereinafter called the Principal. and ....EXREti'S INSURANCE .CO.'•II'ANY-.Or.i EWARR,- NEW dERStY hereinafter called the Surery, are held sod fumly bound unto .Clity c._Pave ttem i2.3e. Aricannau... of 113 WSJ, . Npyntain, . eyett-eleale -- , State of ..Ar'danuas .... . hereinafter called the Obligee, in ihe sura of Five _p,e,;•G.gr t. of .ktie .amount af..Llir bid .- - -----Y. - .. ...- ........ -. 1lollars; for the payment whereof to rhe Obligee the Principal bind Littl: ].t . ..... heirs, exeeuttxs, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns, firmly by these petunia. Signed, sealed and dated this 9th . day of Apr -i 1 , 1942 Ihcrres the Principal is herettth submitting the accompanying bid dated .Apxi.1...9.. ;992...... • tor. Sanitary Sewer. System. Rehabilita ion..and Reconstruction Minl,uy.stem.-2 •and..1SE/C,• .Contcac.t-.SecrJAn...II; Tayetteyille,. Arkansas;. Project .No... FY -210 . Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and torkmanship proposed to be furnished thereby, or as to any portion of the same, and i( the Prine:pal will, within the period specified therefnre, or, i1 no period be specified, within ten (10) days after notice of the arard of the contract, cater into contract with the Obligee, to furnish all soil and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may be required, for the faithful and proper fulfillment of such Contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, s ithin ren 001 days after such 11 notice of award of contract the difference in money between the amount of the bid of the Principal on the tock and n.atctial so accepted, and the amount for which the Obligee may contract with ethers for such work and material, it the laver amount be in excess of the former, bait in no event shall the Surety's liability d the penal sot hereof 1 1 1 1 &.d MAR rrn...MP5A In Inness thereof, this instrument has been executed by the duly authorited representatites rf the Piin- ripal and the Surety. IF;51.111£0'41..T :.XARK..:3C.. .... Principal . 11101:ybrt W. Affhole. ri • 2 Ill'- Presidont FIREZIL:.S.TISSWANCt:.k911 ANI.RF.NEWARK,.NIX. .1Fi�w1' 'Surety I. u�t ` -, c.« f•, �. nda Frcv ` Ano -net. et SY�xit Lr DLflU' I t. Pnnted m V S.A. • •'1 • Firemen's Insurance Company of Newark, New Jersey 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY • 4 Know all men by these Presents, Thal the FIREMEN'S INSURANCE COMPANY OF NE WARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint Linda Frey of Little Rock, AR •Is true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars. T his Power of Attorney is granted and rs signed and sealed by facsimile under and by the authority of the following Resolutron adopted by the Board of Directors of the F IREMEN'S INSURANCE COMPANY OF NEWARK, NEW IERSE Yat a meeting duly called and held on the 211th day of 1 ebruary, 1975: "RESOLVED, that the Charman of the Boaid, the We Chairman of the Board, the President, an Executive Vxe Resident or a Senor Vice President ora Vice President of the Company. be, and that each many d themhereby is. authonredto execute Poem/sof Attorney qualifying the attorney named ,r theg.ven PowerdAnnmeytoexecute n behall d the F IRE ME N'S INSJRANCE COMPANY CII NEWARK, NEW R RSEY•bonds, undnakngs and all contexts of suretyship. and that an Assistant Vice President a Seafav or an Assistant Sec - wary be, and that each err any of them hereby as. authorized to attest the execution of any such Power of Attorney. and to attach thereto the seal of the Cowpony. FL1R1111 R RESOLVED, that the signanures of such oak en and the seal of tlw Company may be affixed to any such Power of ABoney or to any cMdlcate relating thereto by 'xsimnle, andatw such Power of Attorney orcertdrate bearing suchlaaimilesstWtreesorfaain desealshaf be valid and bonding upon theCompany when soaffixedand or :he Muir wah respect 10 any boon. undertaking or contract of surelyskp to whwts r n attached." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NI MERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vire Presidents this 1st day of May, 1985. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY By Attest: Robert W Adler. Sr. Assistant Vie Resdem STATE OF NEW YORK COUNTY OF NEW YORK 1} Michael I. Beenaen, Vote President On this lsl day of May.1985. before me personally came Michael 1. Beemaert, to me known, who being by me duly sworn, did depose and sal That he is a Vice President of the F IREME V'S INSURANCE COMPANY OF NEWARK. NEW Jr RSEY. the corporation descr•bed m and which executed the above instrument, that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE ETHEL 1ARANTO NO.ARY PUBJC. State of New York No 24-4663117 Qual in Keep Carry Commission Expires Mardi 30. 1986 I, the undersigned. an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY or NEWARK. NI W JERSEY, a New Jersey corporation, EX/1 3EREBY CE R/11 Y that the foregoing and attacbed Power of Attorney remains in full force and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 9th day of Apr _ 1 ,1992 21 BOND I11 SK Panted in U.S.A 1 • • 1 4 • SPECIFICATIONS AND CONTRACT DOCUMENTS SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION MINISYSTEMS 2 AND 18B/C Contract Section II For the City of FAYETTEVILLE, ARKANSAS PROJECT NO. Fy-210 January 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas • 1192 bdeavedvein, tams and Yates CONTRACT BdNOING CO. • Certificate of Insuran- ce • 111S CI.II' FICATE IS ISSIIFL AS A VATTFP Cr NronvA:Y1N v • '. A',:. CCN -CPS hO n GAITS UPON 1C... :"E CEVTIF CME hC.DEF IH.S C -PI F CATE',S NIS AN 1.5 wn.:4C C"3,{(: DCES'i4 Alf V.1 EVES:A-TEIl'eh ":^•FHAar ArrCPCLDE• 1"E PLIC ES.15-ED BELCM MI* Is tb Griot that Insituform Tex -Ark, Inc. 17988 Edison Ave. Chesterfield, MO 63005 Name and Address of Insured LIBERTY MUTUAL is, al the date of this certdcate, insured by V -o Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions anc co-dttons and is not altered by any recu rement, term or co-dtion or any contract cr other document with respect to which this certificate may be Issued. TYPE OF POUCY WORKERS COMPENSATION GENERAL LIABILITY ,CLA MS MADE RETRO DATE • OCCLRPENCE :AUTOMOBILE LIABILITY DOWNED ix:NON-OWNED IL HIRED Znrn TOOITtFATCOLMCNTS 'CERTIFICATE EXP. DATE 1 • i -]CONTINUOUS •]FXrENDED •KPOLICv TERM • 3/31/93 POLICY NUMBER LIMIT OF LIABIUTY wC2-141-038304-232 3/31/93 7131-14:-038304-292 • Comprehensive Form - Blanket ECU Contractual Liability,Independent Contractors, Broad Form Comp. Llab. • 3/31/93 AS1-141-0383C4-242 COvE RAGE AFFORDED UNDER WC LAW OF THE FOLLOWNG STA -ES. AR,CO,:L,Tx,_A,Ks, MI ,MN,MO, MT, ME, OK, SD,LT'-,Tr-I,TX EMPLOYERS L IABIIRY Aad y iii,,rylyacadm $1,000,000 Bray Ir,,ry Ry die -ase S:,000,000 Boa y Ir,vy 6)' Dwase 51,000,000 6rwa1 Aggregate: 15'w mar Plod:•rs;arreled Cows:ono •$2,000,000 P.op,, isCompy;ed Ope,aa 's Apg'egate ;$1,000,000 Born Ira., and Popery Damage Llan ry $1,000,000 Personal and Adveraslrq E7v7 PM W7av I. 51,000,003 o'gandaaon mar $5,000 Medical Payments Each Aogderl•SnpleLnal -._. 6.1 and P D. Combined Each Acod rl Pc cy Llml Ead' P«for PM Oca.+Ma 715.1-7;;-1-50,000 Fire legal Liabilit 151,000,000 The City cf Fayetteville,AR (Owner) Additional Insured: McGnodwin, Williams and Yates, Inc. (Engr.) Project No, FY -210, Sanitary Sewer System Rehabilitation and Reconstruction, Minisystems 2 and 18 B/C Contract Section II, Fayetteville, Arkasnas Each Prior Each Aa4ert of Occarence • Each Accident a Occurrence • IF THE CERTIFICATE EXPIRATION DATE IS CONTINUOUS OR EXTENDED TERM, YOU WTI L BE NOTIFIED IF COVERAGE IS TERMINATED OR PEDUCED BEFORE THF CERTIFICATE EXPIRATION DATE. HOWEVER, YOU WILL NOT BE NOTIFIED ANNUALLY OF THE CONTI'UAT'ON OF COVERAGE SPECIAL NOTICE • OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER. SUBMITS AN APP,ICATION OR FEES A CLAIM CONTAW ING A FALSE OR DECEPTIVE STATE MF NT 'S GUILTY OF INSURANCE FRAUD NOTICE OF CANCELLATION. (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) rBEFORE THE STATED EXPIRAT ION DATE THE COMPANY WIL, NOT �r CANCEL OR 3O TIE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST _-, DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO. 1 City of Fayetteville CERTIFICATE I 113 West Mountain. HOLDER Fayetteville, AR 72703 Liberty !duival Insurance Group 10800 Financial Parkway Littje Rock, Arkansas 72211 A R E h TN 5/29/92 dlb St. Louis --DAMMED -"--cyrnei ---- ,.,1 G,• The. zeree m • aiocV.d by L BERT" M..IUN 't15U1U'.CE1•2 n PIPPO S,. -h `SW it n 45'3 a1'vlea „ Thu LOr'PA ,Ss • Wr::JCFR CERTIFICATE OF INSURANCE Alexander & Alexander of MO 120 South Central St. Louis, MO 63105 Insituform Texark, Inc. 17988 Edison Avenue Chesterfield, MO 63017 Extvet GES4 . ... 05/27/92 THIS CERTIFICATE IS SSUED AS A MATTER OF INFORMATION CNLY AND GON=ERS NO RISK'S UPCN THE CERTIF CATE HOLDER. THIS CERTIFICATE DOES NO- AMEND EX -ENC OR ALTER TME COVERAGE AFFORDED BY T••E POLICIES BELOW COMPANIES AFFORDING COVERAGE ":::-.!!_n A US Fire Insurance Company .:▪ _•.•14.,./ i • a Travelers Insurance Company C T•. S 1S TC CEP-IFY'aA- FC_ CIES CF:::; -RANCE - ST -J BE_=.v HA BEEN'SSCE: TC THC'NSI:PED NAVED ABOVE I:P'-E PCL C‘ °ERIC: NCC='FC '47117.h i-STAh^•'.fl Si•c cE]L,=: VF'. ' Z.•41:.-41%17 "L". - 4h- "Y ":.OT OR 0^4r;:CCL'4E% WITH - rL..T ': •'r.• C' 71' S :EP' ° CA-: •n B' 'S3'JCC CR MSc PEPT ' •E NSJ?:`.:7 :.'' `:%ED . P'(1LCIES JESCR BCD HFaE:%IS SI SJECT 'D ALL 7••E TERMS EXCLLSIC%S Aho CNG TIONS OF SUG,.. °O_ C'ES I 1 1GENERAI LIABILITY ' ALTOMCS.I E L'ABI. TY • 4. 1 CxC. SS L'ABILITl A % Umbrella Form 523632146 NCRKERS COMPENSA'ION AND EMP. OYERS' LIABI. TY O1HER B Installation Floater - Special .ESOR PT ON CF O'I-' ATO:A .COAT 0•.5 d F '47_E5 345J4988 • 1 N'HCJSANZS • 03/31/92 1 03/31/93 1 • 105/01/92 105/01/93 cE J.5 5'I `:.'I F %IS J _ . s I59,000,00(09,000,00i I 1 S _ c Per Occ. $1,000,000 Transit $ 250,000 Flood & EO 250,000 Additional INsured: The City of Fayetteville, AR (owner) and McGoodwin Williams and Yates, Inc. (engineers) As Respects: Sanitary Sewer Systems Rehabilitation and Reconstruction Minisystems 2 & 18 r,. The City of Fayetteville, AR 113 West Mountain Fayetteville, AR 72702 AGGRO 254 (11/e5) 'CANCELLATION SHCULD ANY OF DIE ABCVE CESCPIBED POLICIES BE CAYCF__ED BEFORE THE EX PIPA-ION DATE THEREOF 'HE ISSUING COMPANY WILL )4%XXXXXXXM MAI. 30 DAYS Y, RI"EN NOTICE TO THE CERT:F CATE HOI DEP NAMED TO 'HE L FF : 10UOCXIXXXX XY2X 11GXXXXXXXiiXXXX -rnYtn2 A., T HOP ZED PH•'PESENTALT a li.::SU.Y'uk'1..c.5 .JCKi:O BR/ACORD CORrORAT10N 11105 NO. • 24653 • , • CASUALTY INSURANCE BINDER , WITH PESPECT -0 GL COVERAGE, -H S POLICY PROVIDES 0 Cla ms Mace 0 Occurrence LI BER1Y MUTUAL IMsr P1 h CITY OF FAYETTEVILLE (OWNER) & ADDITIONAT INSHREn MrCOOfW'w, L'TT T TIS Asn VATFfr INC. (ENGR 113 WEST MOUNTAIN >PLtiti FAYETTEVILLE, AR 72703 Pending the issuance of the pol•cy or pont es of re type or types describe^below LIBERTYMJTUA. INSURANCE GROJP agrees toinsure the insured. but only for the coverages indicated. in accordance AIPI the p'OVISIOns of the policy or policies in current use by r1 The brut Of the Ccmpany s Liability or Amount Of Insurance aga nsl each such coverage shall he staled here n. subject to all the terms of the policy having reler- e-ice thereto. and no insurance is provided lor coverages lor which ro such limit or amount is slated Issuanceol the executed policy or policies vo ds this binder as o' the effective date o' such po icy Th s alnder nay be cancelled CO by the company by w'Illen notice to the nsured at the address shown above stat ng when thereafter such ca-cellanon shall be effect ve. or :21 by the nsured by ma I ng wncen noltce 10 the company staling when :hereafter such cancellation she I be el'ec:lve This binder shall be elfective on MAY 26, 1992 at 12:01 A. M an^ un'ess orevicusly cancelled, shall expire on -_.JULY 25,_..1992— al 1201 A M Sla^dard T me. a: the address al re insured P, 11MIC! ti•eol POLICY NUMBER ;TO SC ASSIG CD) TF TYPE OF POLICY LOC•TIOM Mu+l•EA OWNERS' & CONTRACTORS' PROTECTIVE LIABILITY LOCATIONS TO WHICH BINDER APPLIES PROJECT NO. FY -210, SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION, MINISYSTEMS 2 AND 18 B/C CONTRACT SECTION II, FAYETTEVILLE, AR LIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY : WORKERS COMPENSATION AND EMPLCYERS' L ABILI-Y RTA•Fs roiirOr PO.ic• SYMs7L SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES ;;' , Ab . 'r COVE aA:.E 8 ElOD'.y 4 i, a av ACC MST s_ Lai" ACC .:: N' BOD1.Y ,..1.1w ev D SEISE $ BCD.. 4t'" By D5EASE —$ _ rA-,r rr PSGM IF INSITUFORM TEXARK, INC. 17988 EDISON AVE. CHESTERFIELD, MO 63043 LOCATION OF COVERED OPERATIONS LOCATION 1 AS STATED ABOVE 8 & PC LIMITS POI SVM } _Dc TF NO 1 DD DOLT f1.1 GEN L AGGPEGA-E P-ODU:: TS COMP Omer ba' Prod Carp Op 01.'5 AGGREGA-E L[MITS OF LIABI' AGGREGAI: BODILY I' EACI I CCCJRRENCE OTHER. IMITS FIRF LEGAL LIAR Pe' Fire .ITY: LIMIT - $2,0 0,000 "JURY & PROPERTY DAMAGE LIABIL x MEDICAL PAYMENTS ITY LIMIT - $2 000,000 PERS'ADV INJURY Por Person or Org. felrcachve Dale R as Oct red In the putty and is the sane as :he ellen:we date On ess otherwise slated Nylon RETROACTIVE DATE lo occui rerce hand. This b oder when CLAY courtelsigned is issued on Denali 01 LIBERTY MUT UAL INSURANCE GROUP. here n relerreC to as re Company as respects the indicated coverages ..oder forms cusloma• ly written in such Company Liberty Mutual Insurance Group Pr nisei .r. ICA L C -a 10800 Financial Parkway Little Rock, Arkansas 72211 ivi :FY E Mann! 1I, lull.IeMi Ilrpirk.nualnr SAI F S RIP MO SAILS Of FICF WINTER 442 POLICY SSLI'IG OFIICE NIM er PLR_ MISHAWAKA. NEW IYPfD BY DATE JAC 5/28/92 Liberty Mutual Insurance Group • • • • 1 a • • • SPECIFICATIONS AND CONTRACT DOCUMENTS SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION MINISYSTEMS 2 AND 18B/C Contract Section II For the City of FAYETTEVILLE, ARKANSAS PROJECT NO. Fy-210 January 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 0 1992 McCoodwir., Williams and Yates • • • • • • • • • TABLE OF CONTENTS Section Advertisement for Bids 1 Instructions to Bidders 2 State Wage Determination 4 Bid 5 Contract 6 Performance Bond and Payment Bond 7 Standard General Conditions of the Construction Contract 8 Supplementary Conditions 8 TECHNICAL SPECIFICATIONS Division 1 General Requirements Project Requirements 100 Testing 120 Division 4 Pipe and Pipe Laying Insituform 440 Cleaning Sanitary Sewer Lines 442 Division 12 Payment Methods of Measurement and Payment 1200 • • • • • • • • • • ADVERTISEMENT FOR BIDS • • Notice is hereby given that, pursuant to an order of the Board of Directors of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain, Fayetteville, Arkansas, until 2:00 p.m. on April 9, 1992, for furnishing all tools, materials and labor and performing the necessary work for Sanitary Sewer System Rehabilitation and Reconstruction, Minisystem 2 and Minisystem 18B/C, Contract Section II. At this time the bids received will be publicly opened and read aloud in City Hall, Room 111. The work generally consists of: Rehabilitation of approximately 6,000 linear feet of sanitary sewer lines by Insituform process, including all work required for a complete installation. Plans and specifications are on file and may be examined at the office of the City Engineer, 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 requests which are received through April 3, 1992, and upon the payment of 525.00 for specifications, 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 Purchasing Officer, City of Fayetteville, 113 West Mountain Street, Room 307, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for Sanitary Sewer System Rehabilitation and Reconstruction, Minisystem 2 and Minisystem 18B/C, Contract Section II, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The Board of Directors 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 Board. The Board 1-1 • • further reserves the right to withhold the awarding 01 the contract for a period not to 1 exceed 60 days after the receipt of bids. Dated this 24th day of March , 1992. 1 /s/ Peggy Bates Peggy Bates, Purchasing Officer 1 1 1 1 1 1 1 1 1 1 1 1 1 1-2 1 • • • • • • INSTRUCTIONS TO BIDDERS Instructions to Bidders 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions The term "Bidder means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term *Successful Bidder' means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bld Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. 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? 2-1 f Instructions .to Bidders • 1 6) How many years has your firm been engaged in the specified reconstruction method? 1 7) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 1 • 8) General character of work performed by your company. 9) Have you ever failed to complete any work awarded to you? 10) Have you ever defaulted on a contract? If so, where and why? 11) List at least ten (10) similar projects which have been in successful operation at least five (5) years. 12) List your major equipment available for this contract. 13) Experience in construction similar in size to this project, along with project owners and engineers. 14) Background and experience of the principal members of your organization, 1 including the officers. 15) Credit evadable: $ 1 16) Give bank reference: 17) 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 1 Name of Organization: By Title 1 State of County of ) 1 being duly sworn deposes and says that he (she) is the of Contractor(s), and that 1 1 1 1 1 2-2 1 • I Instructions lb Bidders 1 answers to the foregoing questions and all statements therein contained are true and i correct. Subscribed and sworn before me this day of , 1 19 I Notary Public My commission expires (Seal) 1 Each Bid must contain evidence of Bidder's qualifications to do business in the state where the project is located or covenant to obtain such qualification prior to award of the Icontract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 1 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions I that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d) study and carefully correlate Bidder's observations with the 1 Contract Documents, and e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. ' 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at the site which I have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non- technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. i4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the ' site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. ' Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. I4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data 1 furnished to Owner and Engineer by owners of such Underground Facilities or others, 1 2-3 Instructions • to B 'dors • and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and passible changes in the Contract Documents due to differing conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid 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 explorations and tests as each Bidder deems necessary for submission of a BEd. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights-of-way and easements far access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional Lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 2-4 • , • Instructions to Bidders 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check 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. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security 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. 7. CONTRACT TIME. The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR 'OR -EQUAL" ITEMS The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Substitute or "or -equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor 11 acceptable to the Engineer. Application for acceptance of substitute or "or -equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Project Requirements. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 2-5 Instructions to Bidders • • 10.2 The Contractor will be required to furnish the names of Subcontractors and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work. Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project far which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. The envelope shall be clearly marked 'BID FOR CURED -IN-PLACE PIPELINE REHABILITATION." 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 ot. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to 2-6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • • • • • 1 lb be submitted at any time prior to the opening of Bids. Instructions to Bidders 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS. Bids will be opened and (unless obviously nonresponsive) read aloud publicly. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit paces. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time 2-7 Instructions 10 Bidders • 16.5 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. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT. When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached, Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the 'Arkansas State Licensing Law for Contractors. Bidders who submit Bids in excess of 520,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 20. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. WAGES AND LABOR. Minrmum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 2-8