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HomeMy WebLinkAbout6-98 RESOLUTION• RESOLUTION NO. 6-98 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $115,489.50, PLUS A PROJECT CONTINGENCY OF $20,000, WITH FAYETTE TREE AND TRENCH, FOR WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS ON SHERMAN AVENUE AND FIFTH STREET; AND APPROVAL OF A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section l That the City Council hereby approves a construction contract, in the amount of $115,489 50, plus a project contingency of $20,000, with Fayette Tree and Trench, for water arid sanitary sewer system improvements on Sherman Avenue and 5th Street; and authorizes the mayor and city clerk to execute same. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section2 The City Council hereby approves a budget adjustment in the amount of $31,960 increasing Water Line Improvements, Acct. No. 5400 5600 5808 00 by decreasing Payments by Property Owners, Acct. No. 5400 0940 4420. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this _6th day of January , 1998. APPROVED: /JC ,('// /% 1 ~ \` t:� //n ten J i�/fit^B%% Y' is • r - ATTEST.i By /1/243 Traci Smith, City Clerk red Hanna, Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1998 Department: Public Works Division: Water & Sewer Capital Program: Capital Water Mains Date Requested 12/10/97 Adjustment # Project or Item Requested: Increase in the Wa er & Sewer Cost Share Project budget and recognition of Payments by Property Owners for a cost share water & sewer project is requested. Project or Item Deleted: None. Recognition of contribution from a property owner is proposed to fund this request. Justification of this Increase: The property owner - Habitat for Humanity - has committed funding from a grant to cost share the water & sewer line cost. Justification of this Decrease: No decrease is proposed. Additional funds are from contributions by a property :+c -Account Name Aminmt 9« ' . . tkAccount Number Water Line hnmovements 31,960 .5400 5600 5808 00 -=w 9702 Increase mount Name Payments by Property Owners • -A unt Ntimber r; 31,960 .5400 0940 +Esq.+_ 414420 00 t iidgctQfce Use r Bu Coordi , DCparnnent `r irector Admin. Se ces Di Mayor C:APP \98BUD\BUDGET\HABITAT. WK3 Date of Appro Posted to General Ledger:;'"' Entered in Category Log .-Midget Office Copy 1 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 fog: G;1 %L x K MICROFILMED DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS WATER AND SEWER SYSTEM IMPROVEMENTS SHERMAN AVENUE AND FIFTH STREET BID NO. 97-35 CITY OF FAYETTEVILLE, ARKANSAS NOVEMBER 1997 CITY OF FAYETTEVILLE ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM /�lSt A T E'p ARKANAS FEGIS*T RED PE F i!t ^ AL k 0o No.6646 -c1). BES, • t - u M1 . ^AINMERISURANCECANSTATES Al l •,..e KNOW AMERICAN INDIANAPOLIS, That AR 72 STATES INSURANCE COMPANY . INDIANA 46204-1275 AND PAYMENT BOND we FAYETTE TREE & TRENCH, INC. LINCOLN NATIONALCOW'ORATION PERFORMANCE ALL MEN BY THESE PRESENTS, P.O. BOX 471, FAYETTEVILLE, ?-.Vb Principal, (hereinafter called Principal) and AMERICAN offices in Indianapolis, Indiana, as CITY OF FAYETTEVILLE, STATES INSURANCE COMPANY, an Indiana corporation, with principal Surety, (hereinafter called Surety), are held and firmly bound unto FAYETTEVILLE, ARKANSAS 72701 , as Obligee, (here- inafter called the Obligee) in the amount EIGHTY-N,INE & 50/100 of ONE HUNDRED FIFTEEN THOUSAND, FOUR HUNDRED Dollars ($ 115,489.50* ) for the payment of which sum well and successors and assigns firmly by these WHEREAS, the Principal did on written contract with said Obligee AND FIRTH STREET, FAYETTEVILLE, truly to presents. the for WATER be made, we bind ourselves, (v day of Sawa"( our heirs, executors, administrators, 19�, enter into a & SEWER SYSTEM IMPROVEMENTS, SHERMAN AVENUE AR -(BID 11 97-35) which Contract is by reference made NOW, THEREFORE, THE CONDITION indemnify the Obligee against any (a) faithfully perform said contract pletion of said Contract by persons obligation shall be null and void; otherwise This bond is executed and accepted (1) That the Obligee shall faithfully to be performed by the Obligee. (2) That the Obligee shall notify Office, of any breach of said the knowledge of the Obligee. (3) All suits at law or proceedings after the completion of said said contract for its completion. SIGNED, SEALED AND DATED this a part hereof, and is hereinafter referred OF THIS OBLIGATION IS SUCH, loss or damage directly arising by reason of and (b) pay all just claims for labor and material firms or corporations having direct contracts to remain in full force and effect. subject to the following conditions: and punctually perform all the terms and the Surety by registered letter, addressed Contract within a reasonable time after such in equity to recover on this bond must contract, and in any event within twelve day of to as the Contract. That if the Principal the failure of the furnished in with the Principal, conditions of said and mailed to tt breach shall have �: shall Principal to the com- then this Contract .- •. ..J at its Home" come to _ „, w be instituted witkin months from th�xdate 4-44•0179"-,-:-.N`. six months S fixed int 19 ja (Seal) Form 9-1041 (12-71) FAYETTE TREE & TRENCH, INC. n , . AMERICAN STATES INSURANCE COMPANY:;.-.- BY• = `BCM^.._ `FPrincipa 1� T`Y 4.Fwr-C4 y A3fornoy-in-fact. --,� - - AINSUMERRICANNAESTATES C • we UNCOIN NA710NFLCOaPOfiATP0N LL o1— ZW < W I— ZZ —w o u) W CC — ZZ aCC W W a - w aw aw d O~ z Z W o I 1- W ZU w Z W Z FZ_ Z cc w LL W O ZCC tr.U O W I— < a WI 0 M WIT 0 0— of • Z 0 > QQ 1- O 3 Zo CO CC (n H ~ GENERAL POWER OFAtTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS, that American States Insurance Company. a Corporation duly organized and existing under the laws of the State of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made. constituted and appointed, and does by these presents make, constitute and appoint ROBERT M. RENNER OR KEVIN RENNER of Fayetteville and State of Arkansas CD its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts 01 indemnity and other conditional or obligatory undertakings provided, however, N that the penal sum of any one such instrument executed hereunder shall not exceed I TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 ($2,500,000.00) DOLLARS N and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation 1 and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By -Laws of the American States Insurance Company, which reads as follows: "The Chairman, the President or any Vice -President (including any Executive Vice -President, Senior Vice -President, Second Vice -President or Assistant Vice -President) shall have power, by and with the concurrence with any other officer of the Corporation, to appoint Attorneys -in -fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHEREOF, American States Insurance Company has caused these presents to be signed by its Second Vice -President, attested by its Assistant Vice -President and its corporate seal to be hereto affixed this 2 9th day of Aug1a. t Assistant Vice -President STATE OF INDIANA SS COUNTY OF MARION On this 29th day of August AMERICAN STATES INSURANCE COMPANY By � L ecorid ce- resident , A D 19 94 , before me personally came Joseph F. Heim to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Second Vice -President of American States Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F. Heim further said that he is acquainted with John J. Rosich and knows him to be the Assistant Vice -President of said Corporation; and that he executed the above instrument. MARGO L. THAYER, NOTARY PUBLIC HENDRICKS COUNTY, STATE OF INDIANA MY COMMISSION EXPIRES: 12/3/96 STATE OF INDIANA1 COUNTY OF MARION SS lacy ublic I, John J. Rosich the Assistant Vice -President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By -Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the president or any vice-president (including any Executive Vice -President, Senior Vice -President, Vice -President, Second Vice -President, or Assistant Vice -President) and the secretary, assistant secretary, or other officer, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the lime such policy or other instrument of insurance shall have been actually issued by the Corporation." !�1 IIS ✓ In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this U ` { tt day -of CCQM QV' A.D., 19 47 et,.. tE'rNs Ct.▪ " + . i Fr•: now Assistanj fke-Presiders _ 11 s� G r Y\ ^ok - THIS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTE2• /IN.ET,FiEE-MARGINHFREOF IN RED INK, WITH A RED DIAGONAL IMPRINT — AMERICAN STATES INSURANCE — PFI[SS1VIN TS E/ ITIRETY. IF 9-1459 YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY7CALLl13I7-262-6262 OR (2-92) WRITE US AT P.O. BOX 1636, INDIANAPOLIS, IN 46206-1636. • Ilri • " spry ' /. I 1 A eoF LIABILITY'INSURANCE" ). 4iTE(MWD Y) 5/97 ., 1 . 30,«:5 _.. m9 >..... ., ,• Renner & Company, Iris. Pfar:A$ox 427'44.' t '.. ' . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fayetteville, ' Ar 72702 COMPANIES AFFORDING COVERAGE - F sep..S. .'1 `+E.i$. L. ': COMPANY A Tri-State Insurance Company ,INSURED - Fayette Tree & Trench, Inc. COMPANY B American States Insurance Company P.O. lox 471 .1 Fayetteville, Arkansas 72702 COMPANY C Federal Insurance Company • T. i L Flisf'° •., F r COMPANY D '-- 9 k;,,,,/; .. .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THAT •- -. INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS -CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED. BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LIR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YV) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY • GENERAL AGOR60ATE 6 2 s 000 , 6 J0 .'A X COMMERCIAL GENERAL LIABILITY • PRODUCTS - COMP/OP AGG $ 2,0002000 CLAIMS MADE X OCCUR M 01 03 90 4/30/97 4/30/98 PERSONAL AADV INJURY $ 1,000.00/0 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S 1 , 000 , 000 FIRE DAMAGE (My one fire) $ 50,(/00 MED EXP (Any one person) $ 5,{)00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S B ANY AUTO 01-CD596945 4/30/97 4/30/98 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) vHIRED AUTOS -OWNED AUTOS - BODILY INJURY (Per eeddenl) S ,NON PROPERTY DAMAGE S GAAAGEUABILITY - AUTO ONLY - EA ACCIDENT S ' - ANY AUTO - OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S EXCESS UABIUTY EACH OCCURRENCE $ 21000,000 UMBRELLA FORM 4/30/97 4/30/98 AGGREGATE S 2,000,1100 C X (97)79402376 OTHER THAN UMBRELLA FORM S .. COMPENSATION AND' X WLSIA10- TORY LIMITS UM ER ' ... • WORKERS EMPLOYERS' LIABILITY EL EACH ACCIDENT S 500,000 �.B THE PROPRIETOWEL INCL 01=WC731211-40 4/30/97 4/30/98 DISEASE - POLICY LIMIT S 5001000 PARTNERS/EXECUTIVE • OFFICERS ARE: EXCL - EL DISEASE - EA EMPLOYEE S 500, 1 RY OTHER f - L� DESCRIPTION OF OPERATIONS&OCATIONSNEHICLESSPECIAL ITEMS Excavation, Trenching, Water & Sewer Projects OlAti.ta.: CAisiCKLAT1oN 1! .F• 1 j ;,-,� ` ;.., •: .. i . X Fee; ; e...ti ' - �, :' City',ofkFayatteville,^Arkansas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEO, 113,West4.14ountain Street Y4...� ,1 - Fayetteville, Ar. 72701 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Y KIND UPON THE OQMPANY, ITS AGENTS OR REPRESENTATIVES. AUTH RIZE REPRESENTATIVE •.. '' 45ACORDCORPORATIONi$88'. ,,.a c . DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS WATER AND SEWER SYSTEM IMPROVEMENTS SHERMAN AVENUE AND FIFTH STREET BID NO. 97-35 CITY OF FAYETTEVILLE, ARKANSAS NOVEMBER 1997 CITY OF FAYETTEVILLE ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM TABLE OF CONTENTS Item pages Advertisement for bids 1-2 Instructions to bidders 1-8 State Wage Determination 1-3 Bid Proposal 1-10 Statement of Bidder's Qualifications 1 Contract Agreement 1-3 Performance Bond 1-2 Payment Bond 1-2 General Conditions 1-42 Supplement to the General Conditions 1-9 Detailed Technical Specifications Section 100 General Project requirements 1-10 Section 110 Measurement and Payment 1-9 Section 120 Testing 1 Section 140 Schedules, Progress Meetings, Public Notice 1 Section 300 Crushed Stone Base Course 1 Section 310 Pipe Bedding Material 1 Section 320 Rock Excavation 1 Section 400 Clearing Rights of way, Cutting and repairing fences 1-4 Section 401 Surface Removal 1-3 Section 406 Pipe for water lines General 1 Section 411 Ductile iron pipe and ductile iron pipe fittings for water lines 1-6 Section 412 Polyvinyl chloride (PVC) pipe and fittings for water lines 1-6 Section 413 Polyethylene encasement 1 Section 414 Pipe detection tape 1 Section 419 Polyvinyl chloride (PVC) pipe and fittings for sewer lines 1-5 Section 420 Section Section Section Ductile iron pipe and ductile iron pipe fittings for sewer lines 1-5 428 Low pressure air testing for sewer lines 1-2 429 Mandrel testing of PVC sewer lines 1 450. Gate valves and butterfly valves 1-4 Placing pipe protection cover and compacted backfill sewer and water 1-3 462 Flushing, hydrostatic testing, disinfection and dynamic testing of water lines 1-2 Fire hydrants 1-2 475 Two inch flushing/blowoff assemblies 1 ' Section 461 • Section Section 472 Section Section Section 479 Section 477. Main line encasement • 1 Service connections 1 482 Cast -in-place Manholes 1-3 Section 487 Pipeline cleanup and seeding Section 488 Tie-in of sewer line to existing Section 491 Street and County Road Crossings Section 495 Driving Surface Repair Section 499 Sidewalk replacment/repair 1 • 1-3 1-2 1-3 Section 502 Concrete Section 611 Pipe underdrains (a.k.a. "French drains"). 1 1-2 Appendix A - OSHA Safety requirements for excavation 218-256 • 1 1 1 1 -1 1 1 1 1 1 1 1 1 1 1 1 1 ADVERTISEMENT FOR BIDS Bid No. 97-35 Water and Sewer System Improvements Sherman Avenue and Fifth Street Fayetteville Arkansas The City of Fayetteville will receive sealed bids for the construction of water and sewer system improvements at Sherman Avenue and Fifth Street in Fayetteville. Bids will be received at the Purchasing Division, Room 306, in the City Administration Building at 113 West Mountain Street, Fayetteville until 10:00 am November 24, 1997. The bids will be publicly opened and read aloud in Room 326 at that time. The proposed project is funded by the City and Habitat for Humanity of Fayetteville, Inc. The purpose of the project is to provide water and sewer utilities for 4 residences built by Habitat for Humanity and to provide fire protection for the adjacent neighborhood. The proposed work generally consists of water line and sewer line construction including pipeline, fittings and valves, service connections, fire hydrants, manholes, clean-up, and street repairs in accordance with the contract documents. The attention of all Bidders is called to the requirements of the specifications that work is generally limited to the paved surface of the street on Sherman and the utility easements on Fifth Street and north of Fifth Street. A minimum of one lane of traffic shall be maintained at all times. The attention all Bidders is called to the fact that street repairs are included in this contract. No area of the street or City right-of-way can be used for general material storage. Refer to the contract specifications, including the bid proposal, measurement and payment and technical specifications for detailed requirements. 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 Engineering Office, Room 004, City Administration Building, 113 West Mountain, Fayetteville. 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 (5%) of the total whole bid. Said bond shall be issued by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power-of-attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. 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 shall 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. No bidder may withdraw his bid within sixty (60) days after the actual date of the bid opening. 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. • • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INSTRUCTIONS FOR BIDDERS: 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract shall have the meanings assigned to them in the General and Supplementary Conditions. The term "Bidder" means one who submits a Bid directly to the Owner, as distinct from a sub -bidder who submits a bid to a Bidder. The term "Successful Bidder" shall mean 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 Bid Proposal Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to the receipt of Bids). 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 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. 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 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 accessto 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. - 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 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. • 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 to be 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 by Addenda mailed or delivered to all parties recorded by the Engineer as having 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 Jim Beavers, P.E.•, City Engineering (501) 575-8206. • 6. Bid security. Each Bid must be accompanied by Bid security made payable to the Owner in an amount od five percent (5%) of the Bidder's total 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 and included) issued by a surety meeting the requirements of the General and Supplementary Conditions. 2 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 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 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 if acceptable to the Engineer. Application for acceptance for possible 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 is set forth in Article 6.7 of the General Conditions and any associated Supplementary Conditions. 10. Subcontractors, suppliers and others. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner and Engineer. Nor shall the Contractor allow any subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as required by the Contract Documents. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set forth in the Contract Documents including the Plans, Specifications, Contract and Bond(s). 11. Bid Proposal Form. 11.1 All bids must be made on the required Bid Proposal form contained in the Bidding Documents. Additional copies may be requested from the Engineer. 11.2 All blank spaces for Bid prices must be filled in, in ink or type written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. 3 11.3 Bids by corporations must be executed in the corporate name by the president or 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 anassistant 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 also be shown below the signature. 11.5 All names must be typed or clearly printed in ink below the signature. 11.6. The Bid shall contain an acknowledgement 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 int eh Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked in the lower left portion with the Project Title, ,Bid Number, Date of the bid opening, time of the bid opening, bidding contractor's name and license number. The Bid shall be accompanied with the Bid Security and other required forms and documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed,in a separate sealed envelope wit the notation "Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. Modification and Withdrawal of Bids. Bids may be withdrawn or modified by an appropriate duly executed document (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within 24.hours after the opening of Bids, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there is 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 shall be disqualified from further Bidding on the Work provided under the Contract Documents. 14. Opening of Bids. Bids will be opened and publicly read aloud at the time and location as specified in the advertisement of invitation for bids. A tabulation of the amounts of the Bids will be made available to the Bidders after preparation by the Engineer. 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15. Bids to remain sublect to acceptance. All Bids shall remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may at its sole discretion, release any Bid and return the Bid security prior to that date Additionally, if deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 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 to the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. The Owner further reserves the right to reject the Bid of any Bidder if the Owner believes that if would not be in the best interest of the Project or Owner to make award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability, or of doubtful past performance, or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in the favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 16.2 In evaluating the Bids, Owner will consider the qualifications of Bidders, whether or not Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Proposal Form or prior to Notice of Award. 16.3 Owner may consider the qualifications and experience of the 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 for in the Contract Documents. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of material 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 if 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. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible, qualified Bidder whose evaluation by Engineer indicates to Owner that the award will be in the best interests of the Project and Owner. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the date of the Bid opening. If deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 5 17. Contract Security. Article 5 of the General Conditions, and the associated Supplementary Conditions set forth the 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 Contract Documents attached. Within 15 days thereafter, Contractor shall sign, execute and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds. Within ten (10) days thereafter Owner shall deliver one fully signed and executed to Contractor. 19. Compliance with State Licensing Law. Contractors must be licensed inaccordance with therequirements of ACT 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidder who submit Bids in excess of $20,000.00 must submit evidence of their having a contractor's license before their Bidswillbe considered, and shall note their licensenumber on the outside of their Bid. 20. Labor Laws. The Contractor shall abide by all Federal, State and Local Laws and Regulations governing labor. The Contractor shall further agree to hold and save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractoragrees 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. Minimum wage rates shall be equal to the basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In cases where wage rate determinations are specified in the Contract Documents, the.rates as specified shall be the minimum rates which apply -to the Project. Whenever available, the. Contractor shall make use of local common and/or skilled labor as is practical. The Contractorand each subcontractor, where the amount exceeds $75,000.00 shall comply'with the,provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Stat. 14-630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage ratesfor holiday and overtime work, as determined by the Arkansas Department of Labor, 2) post the scale of wages in a prominent and easily accessible place at the site of the Work, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which records shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. A copy of the prevailing wage rates for this specific project, as established by the Arkansas Department of Labor, is attached in the Contract Documents immediately following the Instructions to Bidders. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or subcontractor has been, or is being paid a rate of wages less that the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate the Contractor's right to proceed with the Work or such part of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any costs occasioned thereby. 22. Compliance with Act 125, Arkansas Acts of 1965. The attention of Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for the payment of certain taxes on materials and equipment brought into the State. It further provides for methods of collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall be complied with under this Contract. 23. Withholding State Income Taxes. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid employees, whether such employees are residents or nonresidents of Arkansas. 24. Compliance with Rules and Regulations for the Enforcement and Administration of Act 162, Arkansas Acts of 1987. The attention of all nonresident Bidders is called to the provisions of Act 162, Arkansas Acts of 1987. This act provides for nonresident Contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Dept. of Finance and Administration, P.O.Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under contract within the State of Arkansas. 25. Subcontractors Bonds - Act 190, Arkansas Acts of 1993. The attention of Bidders is called to the provisions of Act 190, Arkansas Acts of 1993. In general, this act provides for the subcontractors to provide to the General Contractor performance and payment bonds, with certain regulations on form and time, when the subcontractor's bid is in excess of $50,000.00. 7 26. Excavation Safety. • The attention all Bidders is called to the requirements of Act 291, Arkansas Acts of 1993 - Excavation and Trench Safety. The current edition of Occupational Safety and Health Administration Standard for Excavation and Trench Safety Systems, 29 CFR 1926, Subpart P, is specifically incorporated and made a part of these specifications and contract documents as required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. A copy of the OSHA regulations is included in this set of specifications as Appendix A. 27. Special conditions in the specifications. Please carefully read section 100 GENERAL PROJECT REQUIREMENTS, 110 .MEASUREMENT AND PAYMENT and all of the specifications, for the conditions unique to this project. The special conditions include, among others: a. The required sequence of construction: (1) sanitary sewer, (2) water line in Sherman, (3) water line on. Fifth and (4) all other work. b. No area of City streets or City right-of-way can be used for material storage. c. Open trenches shall not be. allowed overnight. The contractor shall limit the trenching and pipe laying to the work which can be installed and inspected during the working day. d. A minimum of one lane of traffic shall be safely maintained at all times. • End of the Instructions to Bidders 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Mike Huckabee ' Governor Jim Beavers, P E The City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mr. Beavers: STATE OF ARKANSAS NOV p 7 19 'GGu� ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 • FAX: (501) 682-4535 • TDD: (800) 285-1131 November 5, 1997 Re: Water & Sewer Improvements Sherman Avenue & Fifth Street Fayetteville,_Arkansas Washington County James L. Salkeld Director In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 97-184 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. Please be advised that this determination supersedes #96-228 issued February 13, 1997. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann.§§22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. §22-9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. §22-9-309(a). Also enclosed is a "Statement of Intent to PyPrevailing Wages" form that should be put in your specifications along with the wage determination. The General\Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. Please notify me when you issue your Notice to Proceed for this project. If you have any questions, please call me at (501) 682-4536. Sincerely, enclosure Don Cash Prevailing Wage Investigator