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HomeMy WebLinkAbout120-13 RESOLUTIONRESOLUTION NO. 120-13 A RESOLUTION AWARDING BID 413-19 AND APPROVING A CONTRACT WITH SUNCOAST INFRASTRUCTURE, INC. IN THE AMOUNT OF $162,495.00 TO CONSTRUCT ELKINS OUTFALL GRAVITY SEWER IMPROVEMENTS, AND APPROVING A $20,000.00 PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid # 13-19 and approves a contract with Suncoast Infrastructure, Inc. in the amount of $162, 495.00 to construct Elkins Outfall Gravity Sewer Improvements, and further approves a $20,000.00 project contingency. PASSED and APPROVED this 4t' day of June, 2013. APPROVED: ATTEST: By: ...... SONDRA E. SMITH, City Clerk/Treasurer �r �AYETTEvILLE• "= City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/4/2013 . City CouncihMeetirig ©ate Agenda Items Only Shannon Jones. Utilities Capital Pro'ects Utilities Submitted By Division Department IHpprovai or a construction contract with suncoast Intrastructure, Inc. for $162,495, Bid 13-19, with a contingency $20,000 to construct Elkins Outfall Gravity Sewer Improvements - Cured In Place Pipe Method. $ 182,495 Cost of this request 5400.5700.5815.00 Account Number 10010.1 Project Number Budgeted Item ±2A (:X- R-. , Fin and Internal Services Director Zi�- a,,— 235,094 Category / Project Budget $ 410 Funds Used to Date $ 234,684 Remaining Balance Budget Adjustment Attached 3 6, ih o Date Date Date Y-X! 3 Date r�Y to Sewer Replace - Elkins Ouffall Line Program Category / Project Name Water & Wastewater Program / Project Category Name Water & Sewer Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Revised January 15, 2009 CITY COUNCIL AGENDA MEMO MEETING DATE OF JUNE 4, 2©13 THE CITY OF FAYETTEVILLE, ARKANSAS KAN5A5 To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens, Utilities Directo Fayetteville Water and Sewer Co I/ittee From: Shannon Jones, Utilities Engineer. Date: May 10, 2013 Subject: Resolution approving a construction contract with Suncoast Infrastructure, Inc. for $162,495, Bid 13- 19, to construct Elkins Outfall Gravity Sewer Improvements — Cured in Place Pipe Method. RECOMMENDATION Fayetteville City Staff recommends approval of a construction contract with Suncoast Infrastructure, Inc. for $162,495, Bid 13-19, with a contingency of $20,000 to to construct Elkins Outfall Gravity Sewer Improvements — Cured in Place Pipe Method. BACKGROUND The City of Fayetteville was awarded a State and Tribal Assistance Grant (STAG) in 2010 for $485,000. The grant funding is matched 55% federal to 45% local. The City's matching funds are $396,818. The purpose of the grant is help fund the rehabilitation of the sanitary sewer system in the area of and including the Elkins outfall sewer line. $355,698 of the grant money was used to upgrade the Fayetteville owned line that carries Elkins' wastewater flow in addition to Fayetteville flows from that area. The balance of the grant money is being used to rehabilitate gravity sewer lines within the sewer collection system that connects to the primary outfall gravity sewer line. DISCUSSION Under this contract, we will rehabilitate approximately 5,800' of 6" and 8" sanitary sewer main line pipe using the cured in place pipe method and internally reinstated approximately 25 sewer connections on the sewer collection system that connects to the primary outfall gravity sewe line. The City opened two bids on May 9, 2013. Suncoast Infrastructure $ 162,495.00 Insituform Technologies $ 224,340.25 Engineer's Estimate $ 205,000.00 Staff reviewed the bids and recommends awarding the contract to Suncoast Infrastructure, Inc. based upon the evaluation of past work performace on projects of similar size and scope. Suncoast Infrastructure has not worked for the City of Fayetteville. However, the company has satisfactorily completed work on a project that I was involved in prior to my employment with the City. Construction will begin this spring and will be completed this fall. BUDGETIMPACT Funds are available in the sewer rehabilitation budget. Telecommunications Device for the Deaf TDD (479) 521-1315 113 West Mountain - Fayetteville, AR 72701 Elkins Outiall-Suncoast-CCMemo-05-t0-2013.doc RESOLUTION NO. A RESOLUTION AWARDING BID #13-19 AND APPROVING A CONTRACT WITH SUNCOAST INFRASTRUCTURE, INC. IN THE AMOUNT OF $162,495.00 TO CONSTRUCT ELKINS OUTFALL GRAVITY SEWER IMPROVEMENTS, AND APPROVING A $20,000.00 PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #13-19 and approves a contract with Suncoast Infrastructure, Inc. in the amount of $162, 495.00 to construct Elkins Outfall Gravity Sewer Improvements, and ftuther approves a $20,000.00 project contingency. PASSED and APPROVED this 4th day of June, 2013. APPROVED: LE ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer BID DOCUMENTS AND SPECIFICATIONS ELKINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS CURED IN PLACE PIPE METHOD EPA Stag Grant XP-OOF27401-0 CITY PROJECT NUMBER 10010 ye e IF vp le City of Fayetteville, Arkansas February, 2013 Bid 13-19., Addendum 1 Date: Tuesday, April 23, 2013 To: All Prospective Vendors ARKANSAS From: Andrea Foren, CPPB, CPPO — 479.575.8220 — aforenaci.favetteville.anus RE: Bid 13-19, Construction — Elkins Outfall Area Gravity Sewer Improvements This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the bid form. Failure to do so may subject bidder to disqualification. • Bid 13-23 has the following modifications and clarifications listed below. Changes to the original bid documents have been listed in BOLD. 1. Line Obstructions - It shall be the responsibility of the CONTRACTOR to clear the line of obstructions such as solids and roots that will prevent the insertion of CIPP. If pre -installation inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that will prevent the inversion process, that was not evident on the pre -bid video and it cannot be removed by conventional sewer cleaning equipment, then the CONTRACTOR shall request the City of Fayetteville to make a point repair excavation to uncover and remove or repair the obstruction. 2. The Contractor shall be responsible to reinstate each service without excavation, utilizing a remote controlled cutting device, monitored by a video TV camera. The service connection shall be cut at 95% of the opening with the remaining brushed into the lateral using a wire brush to provide a smooth transition from the main line to the service lateral. The CONTRACTOR shall certify he has a minimum of two complete working cutters plus spare key components on the site before each inversion. The Contractor must provide with his bid demonstrated successful experience with internal reinstatement of services located on 6-inch diameter sewer mains. The CONTRACTOR shall externally reinstate all services that cannot be internally reinstated at not additional cost to the City of Fayetteville. 3. The WORK Is located in public rights -of -way or easements that permit access to the sewer lines and manholes. The CONTRACTOR shall be responsible for developing an access plan to execute the WORK. No clearing of live vegetation shall be permitted. City of Fayetteville, Arkansas Bid 1349, Addendum 1 Page 1 of 1 Telecommunications Devkefor the Mof TDD(47.9)521-1316 113West Mountain-fayetteville,AR72701 DNV BUSINESS ASSURANCE MANAGEMENT SYSTEM CERTIFICATE Certificate No. CERT 11493 200&AQ-HOU-ANAB This is to certify that Suncoast Infrastructure Inc. at 1858 Highway 49 South, Florence, MS 39073 USA has been fowid to conform to the Management System SWndard.• ISO 9001:2008 This Certificate is valid for dv following product or service ranges: Manufacturer of Cured -In -Puce Pipe (CIPP) Initial Cerllflcation dale: August 18, 2006 This Cer0cate is valld until: -- Ju1y 30, 2015 The audil Aw keen performed under the — - --- superpision,gf', Bob Bliobenes La dAsf&or Place and dace: Houston, Texas, July 30, 2012 for dwAccredlted MR. . - DETNOR-wVERITAS CERTWICAMON INC., HousmN TEXAS s • r r Chan" Mango Management Representative Lack of Nfilkit of wndffims as at out in ids Cadfic dw Agm=m mt mW ie xW leis Cm ficate hwa hL A�iiOils+rii:iisrNON�V�R�i71lCkIt7tF1C,IT�Ni,hNC 14CQiRhVE1.u►t91lNa.?7i�$iGtY.'I7i.USA,1Fl.:�iv9'9�i00D. w�tny.RLv�tsceb P.O. Box 397 Florence, MS 39073 NCUASY MSTRUCTURE, INC. Attachment "A" Bid 13-19, Construction Elkins Outfall Area Gravity Sewer Improvements Cured -in -Place Pipe Method MBE/WBE/SERA UTILIZATION INFORMATION SHEET Phone: 601-420-9682 Fax:601-420-9300 5. After review of the bid package for the above referenced project, we concluded that all work will be performed by Suncoast Infrastructure, Inc., employees. All Equipment involved for this project is owned by Suncoast Infrastructure, Inc.. Due to our DNV Business Assurance Management System Certificate, ISQ9001:2008 Certification we are required to use only approved suppliers. A copy of this certificate is enclosed. None of the approved suppliers qualify as MBE, WBE, or SBRA. "Taking Utilities into the 21st Century" www.suncoastintastructure.com TABLE OF CONTENTS 1.0 INVITATION TO BID 2.0 INFORMATION FOR BIDDERS 2.1 INVITATION TO BID 2.2 SCOPE OF WORK 2.3 GENERAL INFORMATION 2.4 SPECIAL CONDITIONS 3.0 TECHNICAL SPECIFICATIONS 3.1 CURED -IN -PLACE MAINLINE RECONSTRUCTION 3.2 CURED -IN -PLACE LATERAL RECONSTRUCTION FROM MAINLINE 3.3 CURED -IN -PLACE LATERAL RECONSTRUCTION FROM CLEANOUT OR ACCESS PIT 3.4 CURED -IN -PLACE PIPE FOR TRENCHLESS PIPELINE POINT REPAIR 3.5 CLEANING AND INTERNAL TELEVISION INSPECTION OF EXISTING SANITARY SEWERS 4.0 BIDDER'S PROPOSAL 4.1 ITEMIZED DESCRIPTION OF BID PRICING 4.2 GENERAL INFORMATION 4.3 BID BOND 4.4 CONTRACTOR'S ACT OF ASSURANCE FORM 5.0 CONTRACTS AND BONDS 5.1 AGREEMENT 5.2 PERFORMANCE BOND 5.3 PAYMENT BOND 5.4 MAINTENANCE BOND 5.5 CONTRACTOR'S AFFIDAVIT OF BILLS PAID 6.0 USEPA REGION 6 SUPLEMENTAL CONDITIONS 7.0 PREVAILING WAGE RATES - 1.0 INVITATION TO BID CITY OF FAYETTEVILLE INVITATION TO BID BID 13-19, CONSTRUCTION — ELKINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS - CURED IN PLACE PIPE METHOD The City of Fayetteville is accepting sealed bids from properly licensed contractors for a contract for sewer rehabilitation using cured in place pipe lining method. The scope of work is an estimated 5,800' of 6" and 8" sanitary sewer main line pipe and 25 internally reinstated connections on the 6"-8" mains in Fayetteville, Arkansas. Questions should be addressed to Andrea Foren, Purchasing Agent at aforen(a7ci.fayetteville.ar.us or by calling (479) 575-8220. All bids shall be submitted in a sealed envelope or package & should be labeled "Bid 13-19". All bids shall be received by Thursday, May 9 2013 before 2:00 PM local time at the City of Fayetteville, Purchasing Division address listed below. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 A non -mandatory pre -bid meeting will be held on Wednesday, April, 17, at 2:00 PM, local time at Fayetteville City Hall, 113 W. Mountain, Fayetteville, AR, room 326. Bidding documents and plans shall be obtained by the City of Fayetteville Purchasing Division electronically. No partial sets shall be issued. Plans may also be reviewed only at the Fayetteville Purchasing Division. All vendors intending on bidding SHALL register as a plan holder by notifying Andrea Foren, via e-mail. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. All bids shall be accompanied by a five percent (5%) corporate bid bond or cashier's check drawn upon a bank or trust company doing business in the State of Arkansas. A one hundred percent (100%) performance and payment bond is required with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of Arkansas Contractor's License is required for all bids. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. "Any contract or contracts awarded under this invitation for bids are expected to be funded in part by a grant from the United States Environmental Protection Agency. Neither the United States nor any of its departments, agencies or employees is or will be a party to this invitation for bids or any resulting contract. This procurement will be subject to regulations contained in 40 CFR Part 31 excluding the Davis -Bacon Act requirements and the Buy American provisions." "Equal Opportunity in Employment: All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Bidders on this work will be required to comply with the President's Executive Order No. 11246, as amended. The requirements for bidders and contractors under this order are explained in the specifications." The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond ninety days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, CPPB, CPPO City Purchasing Agent Ad dates: 4/8/13 and 4/15/13 200 INFORMATION FOR BIDDERS 2.0 INFORMATION FOR BIDDERS 2.1 INSTRUCTIONS FORBIDDING 2.1.1 SUBMITTING THE BID • Each Bid must be submitted in a SEALED ENVELOPE addressed to Peggy Vice Purchasing Officer, Room 306 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 • Each sealed envelope containing a Bid must be plainly marked on the outside of the envelope as Bid for ELKINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS - CURED IN PLACE PIPE METHOD, Bid Number 13-19. The envelope should bear the full name and address of the Bidder on the outside. The envelope shall also bear the valid Arkansas Contractor's License Number. • If forwarded by mail, the above -described envelope containing the Sealed Bid must be enclosed in another envelope addressed to: Peggy Vice Purchasing Officer, Room 306 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 2.1.2 FILLING OUT THE BID DOCUMENTS • All Bids must be made on the required bid form as contained within the Contract Documents. • All spaces for bid prices must be filled -in in ink or typewritten, and the Bid Form must be fully completed and properly executed by a bona fide agent of the Bidder when the Bid is submitted. • The City of Fayetteville is not exempt from state and local use taxes. Bid amounts shall include State and local sales or use tax. • Only one copy of the Bid Form is required to be submitted. • All documents in the bid documents and specifications shall be submitted with the Bid. Specifically the Contractor's Act of Assurance, EPA XP-211, and EPA XP-215. • A conditional or qualified bid may be rejected. 21.3 BID CONDITIONS AND REQUIREMENTS • A Bidder may not withdraw his bid within sixty (60) consecutive calendar days after the date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified 60-day period, the time may be extended by mutual agreement between- the City of Fayetteville and the Bidder. • The City of Fayetteville may waive any informalities or minor defects in the bidding, or reject any or all bids without recourse. Bidders shall not submit bids that are mathematically or materially unbalanced. The City reserves the right to reject a bid as non -responsive if the prices are materially or mathematically unbalanced between line items or sub -line items. A bid shall be deemed materially unbalanced if a bid is based on prices significantly less than the cost of some work and prices which are significantly over stated in relation of the cost of other work, and if there is reasonable doubt that the bid will result in the lowest overall cost to the City even though it may be the low evaluated bid„ or if it is so imbalanced as to be tantamount to allowing an advanced payment. A bid shall be considered mathematically unbalanced if the bid is structured on the basis of nominal prices for some work and has inflated prices for other work; therefore, each element of the bid shall carry its proportionate share of the total cost of the work plus profits. • Any Bid may be withdrawn prior to the scheduled time for the opening of Bids or authorized postponement thereof. • Any Bid received after the time and date specified for receipt of bids will not be considered and will be returned to the Bidder unopened. • The successful bidder shall furnish Performance and Payment Bonds upon the form provided in the amount of 100% of the total contract price from an approved bank or surety company holding a permit from the State of Arkansas to act as surety, or other surety or sureties acceptable to the City of Fayetteville. The Performance and Payment Bonds shall be recorded at the Washington County Courthouse by the Contractor before they are provided to the City. • The CONTRACTOR shall furnish a Maintenance Bond for an amount equal to fifty percent (50%) of the contract price for improvements and shall be for two (2) years from and after the date of the Engineer's acceptance of the work. • The CONTRACTOR agrees that they will comply with the terms of the "Americans With Disabilities Act". • Attention of Bidders is particularly called to the requirement as to conditions of employment to be observed and minimum wages to be paid under the Contract as incorporated. • The Bidder shall submit within the same envelope with his Bid Form, complete "submittal data" to thoroughly define the character of the methods and materials upon which his Bid is based. Submittal data shall include catalog data sheets, descriptive material, photographs, etc., so as to thoroughly explain to the City of Fayetteville the character of the proposed rehabilitation. If such submittal is deficient in the opinion of the City of Fayetteville, the City of Fayetteville may request of the Bidder supplementary information as necessary to satisfy the City of Fayetteville. 2.1.4 STATEMENT OF QUALIFICATIONS • It is the intention of the City of Fayetteville 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. Prospective bidders must complete and submit the enclosed Qualification Statement with his bid. The Contractor must also provide documentation with his bid that he has successful experience with the following: (1) lining no less than 50,000 feet of 6" sewer main; (2) reinstatement of no fewer than 200 each internal 4" services connected to 6-inch diameter sewer mains. 2.2 SCOPE OF WORK 2.2.1 PROJECT DESCRIPTION • Contract for the rehabilitation of sanitary sewer mainlines in the Elkins Outfall Area of the City of Fayetteville, Arkansas. 2.2.2 PROGRESS OF WORK • The CONTRACTOR shall schedule crews in a way to have continuous work from the time a work order has been initiated until it is complete. The CONTRACTOR shall not demobilize until all work from the work order is complete. 2.2.3 MISCELLANEOUS • The basis for award of the contract shall be the lowest total bid by an acceptable and qualified CONTRACTOR who meets all or the experience requirements stated within this contract. Any bidder who does not meet all of the experience requirements stated within this contract shall be considered a nonqualified bidder and will not be awarded the contract. • The CONTRACTOR will establish a point of contact for all field and construction related topics, and a point of contact for all billing and office related topics. • It is the City of Fayetteville's intent to minimize disruption and street or access closure time to the residents of the City of Fayetteville. Therefore, the CONTRACTOR shall arrange crews in a way to have continuous work from the time a particular project has begun until it is complete. It shall be the responsibility of the CONTRACTOR to inform the City of Fayetteville regarding dates and locations of work activities that may impact the flow of traffic. 2.3 GENERAL INFORMATION 2.3.1 SPECIFICATIONS • This contract is generally for rehabilitation of sanitary sewer mainlines using the cured -in -place pipe method. Bids offering alternative methods or products may be considered for award if such methods and products are clearly identified in the bid and are determined by the City of Fayetteville to be equal in all respects to the materials and methods referenced' in the Specifications. Exceptions taken to the Specifications, if any, shall be clearly documented within the Bidder's bid package. 2.3.2 STATE AND LOCAL TAXES • The City of Fayetteville is not exempt from state and local use taxes. • Bid amounts shall include State and local sales or use tax. 2.3.3 ESTIMATE • All invoices for payment presented by the CONTRACTOR shall provide documentation to support the location and amount of work accomplished during the payment period. 2.3.4 PAYMENT • The Contractor's Invoice and all supporting documents shall be submitted to the City of Fayetteville. The City of Fayetteville will prepare the pay estimate based on the Contractor's Invoice. • City of Fayetteville will pay amounts due to the Contractor within 30 calendar days after processing the pay estimate. • Invoices shall be sent to the City of Fayetteville. They shall be itemized to include: - The specific bid items utilized. - The quantities of those bid items. - The location of the project. - The total cost for that project. - The total billing to date under the annual contract, including any change orders. - All state and local taxes applicable. • Completion of a particular project is defined to include the satisfactory performance of all minor and non -pay work items such as clean up and restoration/replacement of all damaged private and public property, etc, • There will be no separate pay items for the following miscellaneous construction items. Cost for these items shall be considered incidental to other contract bid items. - Pre -TV and Post -TV inspection of pipelines - Bypass systems to include set up, operation, and removal - Excessive pipeline cleaning and root removal - Final Cleanup. 2.3.5 RETAINAGE • As security for the faithful completion of the work by the CONTRACTOR, the City of Fayetteville shall retain five percent (5%) of the total dollar amount of work done on this contract per work order issued. • Thirty (30) days after successful completion of a work order by the CONTRACTOR the retainage will be released to the CONTRACTOR. 2.3.6 SAFETY • The CONTRACTOR will be responsible for all signing and barricading and will comply with those portions of the "Arkansas Manual on Uniform Traffic Control Devices for Streets and Highways" which pertain to construction. • The CONTRACTOR will be responsible for contacting Arkansas One Call in order to determine the location of all utilities in all work areas relating to any excavation performed by the contractor. The City of Fayetteville shall be responsible for contacting Arkansas One Call in order to determine the location of all utilities in all work areas relating to any Excavation performed by City of Fayetteville crews. • The CONTRACTOR shall take precautions and use care to avoid damaging, disturbing, or disrupting existing private facilities on private or public property, i.e., fences, sprinkler facilities, shrubs, landscaping, etc. The CONTRACTOR shall restore, to the City of Fayetteville's satisfaction, any property damaged by the CONTRACTOR, at the CONTRACTOR's expense. • The CONTRACTOR shall arrange crews in a way to have continuous work from the time a particular project has begun until it is complete in order to minimize disruption and street or access closure time to the residents of the City of Fayetteville. 2.3.7 INDEMNIFICATION • The CONTRACTOR agrees to indemnify and hold harmless and the City of Fayetteville, its officers, agents and employees, from and against liability for any and all claims, liens, suits, demands, and actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs, attorneys' fees and other reasonable costs arising out of or resulting from Contractor's work and activities conducted in connection with or incidental to this contract and from any liability arising out of or resulting from any acts or negligence, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of CONTRACTOR, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees; and other persons. • The CONTRACTOR further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, agents, employees, subcontractors, licensees, invitees and other persons, as well as their property, while in the vicinity where the work is being done. It is expressly understood and agreed that the City of Fayetteville shall not be liable or responsible for the negligence of the CONTRACTOR, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, and other persons. • The CONTRACTOR agrees to indemnify and save the City of Fayetteville harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and fiurnishers of machinery and parts thereof, equipment, power tools, all supplies, including commissary incurred in the furtherance of the performance of this contract. When the City of Fayetteville so desires, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. It is further agreed, with respect to the above indemnity, that the City of Fayetteville and the CONTRACTOR will provide the other prompt and timely notice of any event covered which in any way, directly or indirectly, contingently or otherwise, affects or might affect the CONTRACTOR or the City of Fayetteville, and the City of Fayetteville shall have the right to compromise and defend the same to the extent of its own interests. Insurance coverage shall be of the following types and not less than the following specified amounts: Commercial General Liability $500,000 per occurrence $1,000,000 aggregate Automobile Liability $250,000 per occurrence $1,000,000 aggregate Pro a Dama a $100,000 per occurrence Excess Liability Other than umbrella from $1,000,000 Employer's Liability $250,000 per occurrence 1 $500,000 aggregate Worker's Compensation Statutory worker's compensation coverage Umbrella Liability Not less than $1,000,000 per occurrence combined limit for bodily injury and property damage 2.3.8 PROGRESS SCHEDULE + The CONTRACTOR, upon the execution and delivery of the contract, shall prepare and submit for the CITY OF FAYETTEVILLE'S approval a Critical Path Method (CPM) progress schedule showing the manner of prosecution of the work in order to complete the contract within the allocated time. The CITY OF FAYETTEVILLE will review and approve the proposed progress schedule not later than the issuance of the notice to proceed. The progress schedule shall be revised if, in the opinion of the CITY OF FAYETTEVILLE, the scheduled progress of the work is not being maintained. This revised schedule will address the methods by which time lost shall be made up. 2.3.9 CONTRACTOR QUALIFICATIONS All bidders on this project must be deemed qualified by the City of Fayetteville to perform this work. In order to be considered qualified to bid on this contract, the bidding CONTRACTOR, product, manufacturer, and installing CONTRACTOR must provide documentation to satisfy compliance with the following requirements: a) For the bidding CONTRACTOR to be considered acceptable, the CONTRACTOR must satisfy all insurance, financial, and bonding requirements by the City of Fayetteville and shall provide documentation with his bid that he has successful experience with the following: (1) lining no less than 50,000 feet of 6" sewer main; (2) reinstatement of no fewer than 400 each internal 4" services connected to 6-inch diameter sewer mains. b) For a mainline Product to be considered Commercially Proven, a minimum of 1,000,000 linear feet or 4,000 manhole -to -manhole line sections of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of the City of Fayetteville to assure commercial viability. The mainline product intended for use on this contract must be specified with the submittal documents. All materials furnished shall be manufactured in the U.S.A. c) For a Contractor to be considered as Commercially Proven, the Contractor shall have installed 500,000 linear feet of CIPP in wastewater collection systems in the United States. The Contractor's key onsite personnel shall have had at least 5 (five) years active experience with the Contractor in the commercial installation of the products bid. The installing CONTRACTOR must be specified with the submittal documents. d) Sewer rehabilitation products submitted for approval must provide Third Party Test Results supporting the long-term performance and structural strength of the product and such data shall be satisfactory to the City of Fayetteville. No product will be approved without independent third party testing verification. e) The rehabilitation manufacturing processes shall operate under a quality management system that is third party certified to ISO 9001 or other internationally recognized organization standards. Proof of certification shall be required for approval. f) The Contractor shall own and operate its own permitted wet -out facility where the resin impregnation of the CIPP tube will be carried out. Documentation of such facility shall be submitted to the City of Fayetteville. No wet -out of purchased materials (tube & resin) shall be completed through Yd party companies. 2.4 SPECIAL CONDITIONS 2.4.1 PERMITS AND RIGHT-OF-WAY • The intent of this contract is for the City of Fayetteville to perform all excavations to include external lateral reinstatements, required point repairs, and obstruction removal. The CONTRACTOR shall not be required to do this excavation without a written work directive change. All references to work relative to excavation only apply if the contractor performed the excavation. • The City of Fayetteville will provide rights -of -way for the purpose of construction without cost to the CONTRACTOR by securing permits in areas of public dedication or by obtaining easements across privately owned property. It shall be the responsibility of the CONTRACTOR, 48 hours prior to the initiation of construction on easements through private property, to inform the property owner of his intent to begin construction. Before beginning construction in areas of public dedication, the CONTRACTOR shall inform the agency having jurisdiction in the area forty-eight (48) hours prior to initiation of the work. 2.4.2 TRADE NAMES AND MATERIALS No material, which has been used by the CONTRACTOR for any temporary purpose whatsoever, is to be incorporated in the permanent structure without written consent of the City of Fayetteville. Where materials or equipment are specified by a trade or brand name, it is not the intention of the City of Fayetteville to discriminate against an equal product or another manufacturer, but rather to set a definite standard or equality or performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", °proper", or "equal to" are used, they shall be understood to mean that the thing referred to shall be proper, the equivalent of, or equal to some other thing, in the opinion of judgment of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved sample. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connections with the materials, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute shall be approved in writing by the City of Fayetteville and the City of Fayetteville shall have the right to require the use of such specifically designated material, article or process. 2.4.3 PROPERTY AND MONUMENT LINES • The CONTRACTOR shall protect all property corner markers, and when any such marker or monuments are in danger of being disturbed, they shall be properly referenced and if disturbed shall be reset at the expense of the CONTRACTOR. 2.4.4 DURING CONSTRUCTION • During construction of the work, the CONTRACTOR shall at all times, keep the site of the work and adjacent premises as free from material, debris, and rubbish, as is practicable, shall remove same from any portion of the site, if in the opinion of the City of Fayetteville such material debris, or rubbish constitutes a nuisance or is objectionable. The CONTRACTOR shall remove from the site all of his surplus materials and temporary structures when no further need therefore develops. 2.4.5 PROJECT MAINTENANCE • The CONTRACTOR shall maintain and keep in good repair the work contemplated under these plans, specifications, drawings, etc., and shall perform for a period as set forth in the Maintenance Bond from the date of acceptance all necessary repair, reconstruction and renewal of any part of said construction and shall furnish the labor and materials to make good and to repair any defective condition growing out of or on the account of the breakage or failure of any substance or the improper function of same. Said maintenance contemplates the complete restoration to a functional use during the said period as set forth in the Maintenance Bond. 2.4.6 PROTECTION OF IMPROVEMENTS The CONTRACTOR shall be entirely responsible for the protection of all improvements that are not designated by the City of Fayetteville to be removed for proper construction of the project. This shall include sidewalks, building walls, existing inlets and manholes, underground utilities, shrubs, trees, signs, sod and fences. The CONTRACTOR shall be entirely responsible for the protection of all pavements adjacent to the project. 2.4.7 ACCIDENTS • The CONTRACTOR must report in writing to the City of Fayetteville all accidents whatsoever arising out of, or in connections with the performance of the work, whether on, or adjacent to, the site, which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the City of Fayetteville. • If any claim is made by anyone against the CONTRACTOR or any subcontractor on account of any accident, the CONTRACTOR shall promptly report the facts in writing to the City of Fayetteville giving full details of the claim. 2.4.8 ARRANGEMENTS FOR WATER Water used for installation purposes, jetting or flooding trenches, sprinkling, testing and flushing of pipelines or any other purpose incidental to this project, will be furnished by the CONTRACTOR. The CONTRACTOR shall make the necessary arrangements for securing the transporting of such water and shall take such water in a manner and at such time that will not produce a harmful drain or decrease of pressure in the City of Fayetteville's WATER SYSTEM. Water shall not be used in a wasteful manner. + No person shall open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve or stop cock, or tap any water main belonging to the City of Fayetteville, unless duly authorized to do so by the City of Fayetteville Water Department. 2.4.10 LIGHTS AND POWER • The CONTRACTOR shall provide, at his own expense, temporary lighting and facilities required for the proper prosecution and inspection of the work. 2.4.11 PROTECTION OF TREES No trees shall be cut except upon the specific authority by the City of Fayetteville. Trees adjacent to the work shall be protected from all damage by the construction operations. 2.4.12 REMOVAL OF TREES, FENCES, ETC. Fences within the right-of-way of this project shall be kept in good repair and closed at all times, except when it is necessary to move machinery and equipment through the fence. Gates shall be closed immediately after use. When the project is complete, the CONTRACTOR shall repair all fences and gates that have been moved or damaged by the CONTRACTOR as a result of construction. Fences shall be left in repair equal to the original condition. No separate compensation shall be made for this work. • Where surface drainage channels are disturbed or blocked during construction, they shall be restored to their original condition of grade and cross section after the work of construction is completed. • The CONTRACTOR shall not be held liable for unavoidable damage to crops provided such damage occurs within the construction easement provided by the City of Fayetteville. 2.4.13 POLES, SIGNS, GUY WIRES, ETC • All utility poles and guy wires, private sign posts, signs and guy wires, and similar private obstructions which interfere with the construction of this project will be removed and replaced, or moved to new permanent locations by the Owners thereof without cost to the CONTRACTOR. • The removal and replacement of City of Fayetteville street sign posts and signs are the responsibility of the CONTRACTOR. The CONTRACTOR shall be responsible for all damage to street signposts and signs within the limits of his operations that remain in place or are removed and replaced. In the event street sign posts and signs are injured or destroyed by the CONTRACTOR'S operations, they shall be replaced by the CONTRACTOR. No separate compensation will be paid for this work, but the costs thereof shall be included in such contract pay items as are provided. 2.4.14 EXISTING UTILITIES AND SERVICE LINES • Prior to the start of any excavation by the CONTRACTOR, the CONTRACTOR shall communicate with ARKANSAS ONE CALL, the proper representative of all the utility systems included but not limited to the water and sewer department, the gas company, electric company, telephone company and any other private utility companies and advise said representative of the route of the proposed construction, in order to obtain the assistance of the utility in the location of and in the avoidance of conflicting with utility lines. • The CONTRACTOR shall be responsible for the protection of all existing utilities or service lines crossed or exposed by his constriction operations. Where existing utilities or service lines are cut, broken, or damaged, the CONTRACTOR shall replace or repair the utilities or service lines with the same type of original material and construction, or better, at his own cost and expense, with the exception of those items included in the bid schedule. 2.4.15 EXISTING STRUCTURES No construction plans have been prepared for this contract. It is the Contractor's responsibility to verify the locations of existing surface and subsurface structures. It is mutually agreed that such shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the building of special work, provisions for which are not made in the plans and proposal, in which case the provisions in these specifications for extra work shall apply. 2.4.16 TESTING INSPECTION AND CONTROL • Testing of CIPP field samples and other materials used in the work shall be done by an approved commercial laboratory and paid directly by the CONTRACTOR. 2.4.17 DRAINAGE The CONTRACTOR shall provide at his own cost and expense all methods for adequately draining the work. No separate measurement or compensation will be paid. for sub -drains or other methods of draining, but the cost thereof shall be included in such contract pay items as are provided in the Proposal and Contract. 2.4.18 CONSTRUCTION IN CITY STREETS AND PRIVATE DRIVES • It shall be the responsibility of the CONTRACTOR to build and maintain all weather bypasses and detours, if necessary, and to properly light, barricade, and mark all bypasses and detours that might be required on and across the streets involved in the work included in this contract. • Street shall remain open to traffic at all times unless special permission for closing the street is given by the City of Fayetteville. After permission is given for closing any portion of the street, the CONTRACTOR shall be responsible for notifying the Police and Fire Department 24 (24) hours in advance of such closing. • The CONTRACTOR shall make every effort to complete construction and allow immediate access to adjacent property at all driveway entrances located along the streets. Owners or tenants or improvements where access and/or entrance drives are located shall be notified at least eight (8) hours prior to the time the construction will be started at their driveways or entrances and informed as to the length of time driveways will be closed • During wet weather the CONTRACTOR shall constrict temporary gravel crossings and wooden walkways to allow ingress and egress across excavated areas at no expense to the City of Fayetteville and as directed by the City of Fayetteville. • The CONTRACTOR shall at all times, keep a sufficient width of the roadway clear of dirt and other materials to allow the free flow of traffic. The CONTRACTOR shall assume any and all responsibility for damage, person or otherwise, that may be caused by the construction along City of Fayetteville streets or private drives. • If it becomes apparent that barricades do not sufficiently protect the general public and the CONTRACTOR'S workmen from traffic hazards, the CONTRACTOR may be required to furnish such flagmen and/or watchmen as may be deemed necessary to properly direct traffic. 2.4.19 CONSTRUCTION IN ARKANSAS HIGHWAY DEPARTMENT RIGHT-OF-WAY • Where the work encroaches upon any right-of-way of the Arkansas Highway Department, the City of Fayetteville will secure the necessary permits for the work. Where highways are crossed, the CONTRACTOR shall observe all the regulations and instructions of the Arkansas Highway Department as to methods of doing the work, or precautions for safety of property and the public. All negotiations with the Arkansas Highway Department except for permits shall be made by the .CONTRACTOR. The Arkansas Highway Department shall be notified by the CONTRACTOR not less than five days previous to the time of his intention to begin work. 2.4.20 MAINTENANCE OF STORM SEWER AND UTILITIES THAT CROSS EXISTING ROADWAY • The CONTRACTOR shall maintain at all times during construction storm sewer and utility crossings of existing roadways at no expense to the City of Fayetteville. Storm sewers and utilities crossing existing roadways shall be back -filled in accordance with the provisions of these specifications to an elevation six inches below the elevation of the existing roadway. A six-inch thick compacted gravel base shall be constructed to the elevation of the existing pavement within the limits shall be maintained throughout the construction. Potholes appearing in the existing pavement, which in the opinion of the City of Fayetteville is a hazard to the general public, shall be filled and maintained as directed by the City of Fayetteville. 2.4.21 BARRICADES, LIGHTS AND WATCHMEN Where the work is carried on in or adjacent to any street, alley or public place, the CONTRACTOR shall at his own cost and expense furnish and erect such barricades, fences, battery type flasher -markers and danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the work as are necessary. UNLESS OTHERWISE INDICATED, ALL SIGNS, BARRICADES, AND TRAFFIC CONTROL DEVICES SHALL BE PLACED AND MAINTAINED IN ACCORDANCE WITH THE LATEST EDITION OF THE ARKANSAS MANUAL FOR UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) • From sunset to sunrise, the CONTRACTOR shall furnish and maintain at least one battery type flasher -marker at each barricade and sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The CONTRACTOR shall finish watchmen in sufficient numbers to protect the work. • The CONTRACTOR will be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it, and whenever evidence is found of such damage, the City of Fayetteville may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. The CONTRACTOR'S responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shall not cease until the project shall have been accepted by the City of Fayetteville. • During the prosecution of the work, the CONTRACTOR shall obstruct public travel as little as possible and in no case shall there be less than twelve (12) feet in width of unobstructed roadway for the use of traffic. Materials and equipment stored in or near the path of traffic shall be protected with red flags during the day and with lights during the night. 2.4.22 PROTECTION OF EXISTING WATER VALVE BOXES • Protection of existing water valve boxes located within the limits of the work shall subsequently be the responsibility of the CONTRACTOR. Failure to show water valve box locations on the plans does not relieve the CONTRACTOR of the responsibility to prevent damage to the valve and boxes. 2.4.23 SURPLUS MATERIALS • Surplus materials shall be disposed of by the CONTRACTOR at his own cost and expense. • All excavated earth in excess of that required for back filling shall be removed from the job site and disposed of in a satisfactory manner except in locations where, in the judgment of the City of Fayetteville, it can be nearly spread over along the sites to form the finished contours. 2.4.24 SALVAGED MATERIALS • All materials removed during the construction of the project as salvaged materials shall be removed, cleaned, hauled to and stacked on the City of Fayetteville's grounds. Salvaged materials shall be the property of the City of Fayetteville. 2.4.25 FINAL CLEAN-UP • Upon completion of the work and before acceptance and final payment, the CONTRACTOR shall clean, remove rubbish, unused materials and temporary structures from the limits of the project and restore in a manner acceptable to the Engineer, all property, both public and private, that has been damaged by the CONTRACTOR during the prosecution of the work, and shall level and grade all portions of the work where the surface of the natural ground or street surface has been disturbed during construction and shall leave the site of the work in a neat and presentable condition, free from ruts or holes. • Material cleared from the limits of the project and deposited on adjacent property will not be considered satisfactory unless prior approval is obtained from the property owner involved, the work is accomplished to the satisfaction of the City of Fayetteville, and a proper City of Fayetteville grading permit is issued, if required. 2.4.26 WAGE RATES • All employees directly employed on the work shall be paid the prevailing wage scale for work of a similar character in this locality, as determined by the Arkansas Department of Labor. One and one-half times the prevailing per diem wage based on a 40 hour work week shall be paid for all hours worked in excess of 40 hours in one week, or for all hours worked on Sundays and on holidays. The days to be considered holidays are as follows: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving (x2) Christmas Day (act) 2.4.27 LABOR PREFERENCE The CONTRACTOR should give preference to all labor hired on the project in the following order: (a) to bona fide residents of the City of Fayetteville, Arkansas (b) to bona fide residents of the County of Washington, Arkansas (c) to bona fide residents of the State ofArkansas (d) to bona fide residents of the United States • Provided that these preferences shall apply only where such qualified labor is available to perform the work to which the employment relates. 2.4.28 LEINS • Neither the final payment nor any part of the retained percentage shall become due until the CONTRACTOR, if required, shall deliver to the City of Fayetteville a complete release of all liens arising out of this contract, or receipt in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the CONTRACTOR may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the City of Fayetteville, to indemnify the City of Fayetteville against any lien. If any lien remains unsatisfied after all payments are made, the CONTRACTOR shall refund to the City of Fayetteville all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. 2.4.29 PRIVATE PROPERTY ACCESS • The CONTRACTOR shall not enter upon or use private property except as allowed by easements or if the CONTRACTOR obtains specific written permission from the property owner. 2.4.30 COMPANY LOGO All equipment used on the project shall be clearly marked with the Contractor's name and LOGO. Subcontractor equipment shall also be similarly marked. 2.4.31 CONSTRUCTION SEQUENCING • For construction sequence & traffic control plan other than what is included in the contract document, the CONTRACTOR will provide his proposed plan sealed by a licensed engineer in the State of Arkansas, which will be reviewed and accepted by the City of Fayetteville prior to construction. 2.4.32 TRENCH SAFETY SYSTEM • Where trenching by the Contractor is necessary, the CONTRACTOR shall provide a trench shoring design. Such design shall be prepared, signed and sealed by a Registered Professional Engineer. Such engineer shall carry liability insurance against errors and omission in the amount of $100,000 minimum. A copy of the policy binder shall be furnished to the City of Fayetteville. If an alternative trench safety system is to be used, then four (4) copies of the final report shall be provided to the City of Fayetteville prior to the issuance of the notice to proceed for this project. • The Trench Support System shall cover trench excavations more than five feet (5) in depth. Such excavations shall be provided with a support system or some equivalent means of protection, which will provide a safe environment for workmen. The minimum such support shall be a trench box consisting of a pre -fabricated movable trench shield composed of steel plates welded to a heavy steel frame. Other systems may consist of sheet piling, shoring or bracing and must be approved by the City of Fayetteville. All work, reports, and plans required herein shall be included in the cost of the project. 2.4.33 MOBILIZATION • It is the intent of this Contract to supply the Contractor with work orders constituting the majority of the plan quantity upon issuance of the Notice to Proceed. Mobilization will require the Contractor to begin work within fifteen (15) working days from the issuance of the work order. Payment shall be made at the Contract Unit Price indicated on the Bid Schedule. Quantities stipulated in the Bid Schedule are approximate. The basis of payment for Mobilization will be one Mobilization for the project. The Contractor agrees that he will make no claim for damages, or anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and the estimated amounts therefore. In no case shall the amount bid for Mobilization exceed five (5) percent of the Total Contract Amount. 300 TECHNICAL SPECIFICATIONS 3.0 TECHNICAL SPECIFICATIONS 3.1. CURED -IN -PLACE MAINLINE RECONSTRUCTION 3.1.1 INTENT • It is the intent of this specification to provide for the reconstruction of pipelines and conduits by the installation of a resin -impregnated flexible tube, which is formed to the original conduit by use of a hydrostatic head. The resin is cured using' hot water under hydrostatic pressure within the tube. The Cured -In -Place Pipe (CIPP) shall be continuous and tight fitting. The CONTRACTOR shall submit engineering calculations for liner thickness using ASTM F1216 and sealed by a Registered Professional Engineer for approval by the City of Fayetteville prior to the start of work. 3.1.2 REFERENCED DOCUMENTS This specification references ASTM F1216 (Rehabilitation of pipelines by the inversion and curing of a resin -impregnated tube), and ASTM D790 (Test methods for flexural properties of un-reinforced plastics), which are made a part hereof by such reference and shall be the latest edition and revision thereof. In case of conflicting requirements between this specification and these referenced documents, this specification will govern. 3.1.3 PRODUCT, MANUFACTURER, CONTRACTOR QUALIFICATION REQUIREMENTS: • In order to minimize the City of Fayetteville's risk, only proven products with substantial successful long-term track records will be approved. All trenchless rehabilitation products and Contractors must be approved by the City of Fayetteville for the bid to be acceptable. • Products and Contractors seeking approval must meet all of the following criteria to be deemed Commercially Acceptable: For a Product to be considered Commercially Proven, a minimum of 1,000,000 linear feet or 4,000 manhole -to -manhole line sections of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of the City of Fayetteville to assure commercial viability. For a Contractor to be considered as Commercially Proven, the Contractor must satisfy all insurance, financial, and bonding requirements of the City of Fayetteville, and must have had at least 5 (five) years active experience in the commercial installation of the product bid. In addition, the Contractor must have successfully installed at least 50,000 feet of the product bid in wastewater collection systems. Acceptable documentation of these minimum installations must be submitted to the City of Fayetteville. Sewer rehabilitation products submitted for approval must provide Third Party Test Results supporting the long-term performance and structural strength of the product and such data shall be satisfactory to the City of Fayetteville. No product will be approved without independent third parry testing verification. Both the rehabilitation manufacturing and installation processes shall operate under a quality management system that is third parry certified to ISO 9001 or other internationally recognized organization standards. Proof of certification shall be required for approval. 3.1.4 MATERIALS • Tube - The Tube shall consist of one or more layers of absorbent non -woven felt fabric and meet the requirements of ASTM F1216, Section 5. The tube shall be constructed to withstand installation pressures, have sufficient strength to bridge missing pipe, and stretch to fit irregular pipe sections. • The wetout Tube shall have a uniform thickness that when compressed at installation pressures will meet or exceed the Design thickness. • The Tube, when installed, shall tightly fit the internal circumference and length of the original pipe. Allowance should be made for circumferential stretching during inversion. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be utilized. • The outside layer of the Tube (before wetout) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate monitoring of resin saturation during the resin impregnation (wetout) procedure. • The Tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No material shall be included in the Tube that may cause delamination in the cured CIPP. No dry or unsaturated layers shall be evident. • The wall color of the interior pipe surface of CIPP after installation shall be a light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. • Seams in the Tube shall be stronger than the unseamed felt. • The outside of the Tube shall be marked for distance at regular intervals along its entire length, not to exceed 5 ft. Such markings shall include the Manufacturers name or identifying symbol. The tubes must be manufactured in the USA. • Resin - The resin system shall be a corrosion resistant polyester, vinyl ester, or epoxy and catalyst system that when properly cured within the tube composite meets the requirements of ASTM F1216, and the physical properties herein, and those which are to be utilized in the Design of the CIPP for this project. The resin shall produce CIPP, which will comply with the structural and chemical resistance requirements of this specification. • The Contractor is solely responsible for field verification of all pipe diameters and lengths prior to fabrication and installation. The Contractor shall remedy, at no cost to the City of Fayetteville, any defects in the installed resin tube resulting from field measurement errors, concealed changes in diameter, or from errors in diameters and lengths shown in the Unit Price Schedule. Contractor shall determine the minimum length necessary to effectively span the distance between access points. 3.1.5 STRUCTURAL REQUIREMENTS: • The CIPP shall be designed as per ASTM F1216, Appendix Xl. The CIPP design shall assume no bonding to the original pipe wall. • The CONTRACTOR must have performed long-term testing for flexural creep of the CIPP pipe material installed by his Company. Such testing results are to be used to determine the long-term, time dependent flexural modulus to be utilized in the product design. This is a performance test of the materials (Tube and Resin) and general workmanship of the installation and curing. A percentage of the instantaneous flexural modulus value (as measured by ASTM D-790 testing) will be used in design calculations for external buckling. The percentage, or the long-term creep retention value utilized, will be verified by this testing. Values in excess of 50% will not be applied unless substantiated by qualified third party test data. The materials utilized for the contracted project shall be of a quality equal to or better than the materials used in the long-term test with respect to the initial flexural modulus used in Design. • The Enhancement Factor `K' to be used in `Partially Deteriorated' Design conditions shall be assigned a value of 7. Application of Enhancement (K) Factors in excess of 7 shall be substantiated through independent test data. • The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field samples, new samples will be cut from the work. Any reoccurrence may cause rejection of the work. • The cured pipe material (CIPP) shall conform to the structural properties, as listed below. MINIMUM PHYSICAL PROPERTIES Cured Com osite Pra ert Test Method per ASTM F 1216 400k Resin Modulus of Elasticity ASTM D-790 short term 250,000 psi 400,000 psi Flexural Stress ASTM D-790 4.500 DSi 4.500 psi The required structural CIPP wall thickness shall be based as a minimum, on the physical properties above and in accordance with the Design Equations in the appendix of ASTM F 1216, and the following design parameters: Design Safety Factor Retention Factor for Long -Term Flexural Modulus to be used in Design (as determined by Long -Term tests described in paragraph 5.2) Ovality* Enhancement Factor, k Groundwater Depth (above invert)* Soil Depth (above crown)* Soil Modulus** Soil Density** Live Load** Design Condition Denotes information which can be provided here or in inspection plans. Multiple line segments may require a table of values. A 1%-60% = 2% See Section 5.3 = ft. = ft. = Psi = _120 pcf H2O Highway = Fully Deteriorated video or project construction • Any layers of the tube that are not saturated with resin prior to insertion into the existing pipe shall not be included in the structural CIPP wall thickness computation. • Chemical Resistance - The CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical testing requirements. • Hydraulic Capacity - Overall, the hydraulic profile shall be maintained as large as possible. The CIPP shall have a minimum of the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. • CIPP Field Samples - When requested by the City of Fayetteville, the CONTRACTOR shall submit test results from field installations in the USA of the same resin system and tube materials as proposed for the actual installation. These test results must verify that the CIPP physical properties specified in Paragraph 3.1.5 have been achieved in previous field applications. 3.1.6 INSTALLATION RESPONSIBILITIES FOR INCIDENTAL ITEMS + It shall be the responsibility of the City of Fayetteville to locate and designate all manhole access points open and accessible for the work, and provide rights of access to these points. The City of Fayetteville shall provide access to water hydrants for cleaning, inversion and other work items requiring water. The CONTRACTOR will be responsible for the cost of the water. Cleaning of Sewer Lines - The CONTRACTOR, when required, shall remove all internal debris out of the sewer line that will interfere with the installation of CIPP. The City of Fayetteville shall provide a dumpsite for all debris removed from the sewers during the cleaning operation. Unless stated otherwise, it is assumed this site will be at or near the sewage treatment facility to which the debris would have arrived in absence of the cleaning operation. Any hazardous waste material encountered during this project will be considered as a changed condition. Bypassing Sewage - The CONTRACTOR, when required, shall provide for the flow of sewage around the section or sections of pipe designated for repair. The bypass shall be made by plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system. The pump and bypass lines shall be of adequate capacity and size to handle the flow. The City of Fayetteville may require a detail of the bypass plan to be submitted. • Inspection of Pipelines - Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by close circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions, which may prevent proper installation of CIPP into the pipelines, and it shall be noted so that these conditions can be corrected. A digital video and suitable log shall be kept for later reference by the City of Fayetteville. • Line Obstructions - It shall be the responsibility of the CONTRACTOR to clear the line of obstructions such as solids and roots that will prevent the insertion of CIPP. If pre -installation inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that will prevent the inversion process, that was not evident on the pre -bid video and it cannot be removed by conventional sewer cleaning equipment, then the CONTRACTOR shall request the City of Fayetteville to make a point repair excavation to uncover and remove or repair the obstruction. • Public Notification - The CONTRACTOR shall make every effort to maintain service usage throughout the duration of the project. In the event that a service will be out of service, the maximum amount of time of no service shall be 8 hours for any property served by the sewer. A public notification program shall be implemented, and shall as a minimum, require the CONTRACTOR to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted, and when the sewer will be off-line. The CONTRACTOR shall also provide the following: • Written notice to be delivered to each home or business the day prior to the beginning of work being conducted on the section, and a local telephone number of the CONTRACTOR they can call to discuss the project or any problems which could arise. - Personal contact with any home or business, which cannot be reconnected within the time, stated in the written notice. - The CONTRACTOR shall be responsible for confirming the locations of all branch service connections prior to installing and curing the CIPP. Installation - CIPP installation shall be in accordance with ASTM F1216, Section 7, with the following modifications: Resin Impregnation - The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. A vacuum impregnation process shall be used. To insure thorough resin saturation throughout the length of the felt tube, the point of vacuum shall be no further than 25 feet from the point of initial resin introduction. After vacuum in the tube is established, a vacuum point shall be no further than 75 feet from the leading edge of the resin. The leading edge of the resin slug shall be as near to perpendicular as possible. A roller system shall be used to uniformly distribute the resin throughout the tube. If the Contractor uses an alternate method of resin impregnation, the method must produce the same results. Any alternate resin impregnation method must be proven. Tube Insertion — The wetout tube shall be positioned in the pipeline using the inversion method. The tube should be inverted through an existing manhole or approved access point and fully extend to the next designated manhole or termination point. Temperature gauges shall be placed inside the tube at the invert level of each end to monitor the temperatures during the cure cycle. Curing shall be accomplished by utilizing hot water under hydrostatic pressure or steam pressure in accordance with the manufacturer's recommended cure schedule. A cool down process shall be conducted that complies with the resin manufacturer's specification. 3.1.7 REINSTATEMENT OF BRANCH CONNECTIONS: • The Contractor shall be responsible to reinstate each service without excavation, utilizing a remote controlled cutting device, monitored by a video TV camera. The service connection shall be cut at 95% of the opening with the remaining brushed into the lateral using a wire brush to provide a smooth transition from the main line to the service lateral. The CONTRACTOR shall certify he has a minimum of two complete working cutters plus spare key components on the site before each inversion. The Contractor must provide with his bid demonstrated successful experience with internal reinstatement of services located on 6-inch diameter sewer mains. • The City of Fayetteville reserves the right to reinstate service connections externally with its own forces. The City of Fayetteville will coordinate with the CONTRACTOR after the pre - TV video has been reviewed to determine which services, if any, will be reinstated externally. No lining work shall be scheduled until the City of Fayetteville and CONTRACTOR have reviewed all pre -TV video. All work that will require the City of Fayetteville to reinstate service connections externally shall be performed during normal business hours on Monday through Friday. City of Fayetteville crews will not work on Saturday or Sunday, without prior written approval from the City of Fayetteville. The CONTRACTOR'S work schedule shall take into account the City of Fayetteville crew's availability for work. Additional internal reinstatements by Contractor may be required if external excavation is deemed inappropriate by the City of Fayetteville. 3.1.8 INSPECTION / QUALITY CONTROL: • CIPP samples shall be prepared for each installation designated by the, City of Fayetteville, approximately 20% of the project's installations. CIPP samples shall be prepared and physical properties tested in accordance with ASTM F1216. The flexural properties must meet or exceed the values listed in Table 1 of the applicable ASTM. All testing shall be paid for by the contractor. • Wall thickness of samples shall be determined as described in paragraph 8.1.6 of ASTM F1743. The minimum wall thickness at any point shall not be less than 87'/z% of the design thickness as calculated in Paragraph 3.1.5 of this document. • Visual inspection of the CIPP shall be in accordance with ASTM F1743, Section 8.6. 3.1.9 CLEAN-UP • Upon acceptance of the installation work and testing, the CONTRACTOR shall restore the project area affected by the operations to a condition at least equal to that existing prior to the work. 3.1.10 PAYMENT • Payment for the work included in this section will be in accordance with the prices set forth in the proposal for the quantity of work performed. 3.2 CLEANING AND INTERNAL TELEVISION INSPECTION OF EXISTING SANITARY SEWERS This section includes provision of cleaning operations, inspection, and closed circuit television monitoring operations, and all associated work for the sizes and lengths of sewers encountered. Cleaning, debris/solids/root removal, and internal television before and after the installation of CIPP is considered subsidiary to the cost for installing the CIPP liner. No additional payment will be made for this item. - All sewers to be inspected shall be cleaned as hereinafter specified except when cleaning is not directed by the CITY OF FAYETTEVILLE. - It is not required that television inspection be provided by the CONTRACTOR during the cleaning operation. However, he may do so at his own expense. - CONTRACTOR's cleaning operations and line inspections are generally limited to 7:00 a.m. to 5:00 p.m. on Monday through Friday except holidays unless previously approved by CITY OF FAYETTEVILLE. - CONTRACTOR shall provide traffic control personnel during operations to maintain safety of all personnel and public traffic maintenance. - Contractor shall plug each sewer segment and allow to drain prior to performing internal inspection if flow levels exceed 25 percent of pipe diameter - If the specified low flow levels are not achievable using flow through plugs or by scheduling inspection during low flow hours, the CITY OF FAYETTEVILLE may authorize the inspection above these flow levels. - The CONTRACTOR shall be responsible for any backups in the sanitary sewer system caused by the cleaning and/or TV operation. Any damage to property, both public and private, including but not limited to backup into homes, businesses, etc., shall be repaired, cleaned or replaced to the satisfaction of the owner of such property at no cost to the CITY OF FAYETTEVILLE. 3.2.2 MATERIALS • Equipment - General - The CONTRACTOR shall allow CITY OF FAYETTEVILLE to become familiar with CONTRACTOR's equipment before commencement of work. - Cleaning Equipment (1) The CONTRACTOR shall provide all equipment necessary for proper flushing and cleaning of the sewers in the sizes indicated prior to television inspection. Hydraulic high pressure sewer cleaners used for sanitary sewer cleaning shall be specifically designed and constructed for such cleaning. The sewer cleaner shall have a minimum usable water capacity of 600 gallons and a pump capable of delivering at least 30 gallons per minute (gpm) at 1,000 psi. Pressure to the nozzle shall be regulated by a relief valve adjustable from 0 to 1,500 psi minimum. The equipment will be subject to approval by the CITY OF FAYETTEVILLE. (2) Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. Sewers damaged as a result of the CONTRACTOR's operations shall be promptly repaired by the CONTRACTOR at no cost to the CITY OF FAYETTEVILLE. (3) All equipment, devices, and tools required for this contract shall be owned (or leased) and operated by the CONTRACTOR. Television Equipment (1) The television cameras used for the inspection shall be specifically designed and constructed for such inspection and shall provide a color picture. Lighting for the camera shall be suitable to allow a clear picture for the entire periphery of the pipe, acceptable to the CITY OF FAYETTEVILLE. The camera shall be operative in 100 percent humidity conditions, have 360 rotate and 290 pan capability, a minimum of 3 lux light capability, and shall have a minimum of 600 line resolutions. The camera equipment must have the capability of being mounted on skids and winched through the sewer lines if required by the condition of the lines. The CONTRACTOR shall also provide a color mini -camera based closed circuit television inspection system. This system will be used to remotely inspect service laterals from the cleanout. Picture quality should be of a degree of quality to allow a thorough evaluation of service lateral condition. (2) Digital recording equipment will be required for all video. The video that will be provided to CITY OF FAYETTEVILLE shall be DVD format. (3) The CONTRACTOR shall provide equipment for viewing of the inspection as it takes place. • Cleaning Operation Cleaning Sewers (1) Existing flows shall not be interrupted for periods longer than one hour. Sewage diverted during cleaning operations shall be returned to the sanitary system and not discharged into the streams or storm drain system. Cleaning of these sewers may be by means of hydraulic high pressure jetting or other equipment asneeded. (2) Jet machines may be refilled from fire hydrants in a manner acceptable to the CITY OF FAYETTEVILLE. The CONTRACTOR is responsible for any adverse impact on the water distribution system resulting from his filling operations. Water will be available at no cost to the CONTRACTOR from fire hydrants acceptable to the CITY OF FAYETTEVILLE. A baekflow prevention valve is required on CONTRACTOR's equipment during filling operations. (3) Cleaning shall generally be performed prior to closed circuit television inspection. The cleaning operations shall be conducted no more than 48 hours in advance of television inspection of the sewer line. (4) Unless other methods are authorized by the CITY OF FAYETTEVILLE, light hydraulic cleaning shall be performed for all main sewers to be inspected. Three attempts shall be made, if necessary, by the CONTRACTOR unless directed otherwise by the CITY OF FAYETTEVILLE. If the line is still not suitable for TV inspection, then heavy cleaning shall be recommended to CITY OF FAYETTEVILLE. ,(5) Remove all sludge, dirt, sand, grease, roots, rocks, gravel, and other materials from the pipe and collect and remove resulting debris from the downstream manhole of the sewer section being cleaned. Passing material from sewer section to sewer section will not be permitted. An approved dam or weir shall be constructed in the downstream manhole in such a manner that debris and solids will be trapped and retained. (6) Roots shall be removed in the sections designated by the CITY OF FAYETTEVILLE where root intrusion is a problem. Special precautions should be exercised to assure removal of visible roots form the joint area which could hinder normal flow or interfere with any rehabilitation or repair techniques that may be performed. The use of mechanical devices such as kites, balls, rodding machines, root cutters, porcupines, and hydraulic procedures such as high-pressure jet cleaners shall be used, as required. This work will be documented with video, before and after removal of the roots, as directed by the CITY OF FAYETTEVILLE. Disposal of Debris (1) Under no circumstances shall sewage or solids be dumped onto the ground surface, street or into ditches, catch basins or storm drains. (2) All solids or semi -solids resulting from the operations shall be removed from the site by the CONTRACTOR unless authorized or directed otherwise by the CITY OF FAYETTEVILLE. Trucks hauling solids or semi -solids from the site shall be watertight so that no leakage or spillage will occur. (3) Disposal will be the responsibility of the CONTRACTOR. Re -cleaning If a pipeline is found not to be properly cleaned (by visual inspection, video review, or field analysis) in the opinion of the CITY OF FAYETTEVILLE, the television equipment shall be removed and the sewer re -cleaned at no expense to the CITY OF FAYETTEVILLE. • Inspection Operations - Camera Work (1) When the CITY OF FAYETTEVILLE directs that no cleaning shall be performed prior to the inspection and stringing the line is required, the CONTRACTOR shall string the line by approved means so as not to disturb the existing sewer line conditions. (2) The inspections shall be done one sewer section at a time. The section being inspected shall be isolated from the remainder of the sewer in a manner approved by the CITY OF FAYETTEVILLE. Such method will include plugging all upstream flow if necessary. Plugs shall be secure to remain in place and operations conducted to prevent backflow into buildings. (3) The camera shall be inserted in the upstream manhole of the line segment and moved through the line at a uniformly slow rate (maximum 30 feet/minute), stopping at defective joints, all defects and each service connection to allow adequate evaluation by CITY OF FAYETTEVILLE. In addition, the pan/tilt feature of the camera shall be utilized at each service connection and lateral to provide a clear picture for determination of condition by the CITY OF FAYETTEVILLE, and whether the line is plugged or active. If the line segment to be televised has a cleanout on the upstream end, then the inspection will begin at the downstream manhole. (4) If progress of the television camera -is impeded or stopped by roots in the sewer reach being inspected, the camera shall be withdrawn, at the direction of the CITY OF FAYETTEVILLE. The camera shall then be reinserted at the other manhole of the sewer reach and the television inspection resumes. If the camera is stopped by roots or debris that, in the opinion of the CITY OF FAYETTEVILLE, should have been removed by the cleaning operation, the camera shall be removed and the line re -cleaned at no additional cost to the CITY OF FAYETTEVILLE. Once the re- cleaning is complete, the CONTRACTOR shall televise the line segment. The cost to re -televise is considered subsidiary to the work and paid for one time at the unit cost per foot of pipe actually televised. (5) Other obstruction may be encountered during the course of the internal inspection that prevent the travel of the camera. Should an obstruction not be passable, the CONTRACTOR shall withdraw the equipment and begin internal inspection from the opposite end of the sewer reach. Should additional obstructions be encountered after the re-employment and no means are available for passing the obstruction without damage to the equipment, then the remaining sections of the sewer not inspected shall be excluded from the work requirements of the contract. Cost related to difficulties encountered during internal inspections will not be measured for payment nor constitute additional cost to the Contract Price, but will be considered as incidental to the contract. (6) The CITY OF FAYETTEVILLE will provide for removal of equipment that may become lodged in the sanitary sewer line unless CITY OF FAYETTEVILLE is requested not to inspect a specific sanitary sewer segment. The CITY OF FAYETTEVILLE is not responsible for damage of the television (TV) camera and its associated equipment during the retrieval process. Viewing Telephones, portable radio, CB, walkie talkies, or other electronic means of communications must be set up where voice or manual communications is not feasible. The CONTRACTOR shall provide facilities for the purpose of viewing the monitor while the inspection is in progress. Record Logs (1) Measurement for location of defects in sewer mains shall be at the ground level by means of a meter device. Marking on cable or the like which requires interpolation for depth of manhole will not be allowed. Measurement meters shall be accurate to 0.2 feet. A measuring target in front of the television camera shall be used as an exact measurement reference point, and the meter reading shall show this exact location of the measurement reference point. The first feature out of the manhole or cleanout will be measured and used as the initial reference point. If a buried manhole is encountered during the internal TV inspection, the footage will be reset to zero and that segment shall be treated as a new line segment. The CITY OF FAYETTEVILLE's field representative shall instruct the CONTRACTOR on the numbering procedure for this new manhole. (2) The CONTRACTOR shall furnish all video equipment and DVD media for digital recording. No reel to reel video recording equipment or VHS tapes will be permitted. In the course of inspection, all sewer sections will be videoed in their entirety. (3) Defects shall be described and quantified verbally on the video by the CONTRACTOR. Where appropriate, existing landmarks shall be identified. (4) The video will be reviewed by the CITY OF FAYETTEVILLE for focus, lighting, clarity of view, and technical quality. The CONTRACTOR shall maintain sharp focus, proper lighting, and clear, distortion free viewing during the camera operations. The CONTRACTOR shall maintain plugging and eliminate steam in the line for the duration of the inspection. Failure to maintain these conditions will result in rejection of the video by the CITY OF FAYETTEVILLE. Any sewer line whose video is not acceptable to the CITY OF FAYETTEVILLE will be re - televised at no expense to the CITY OF FAYETTEVILLE. (5) Each individual video shall be properly labeled by the CONTRACTOR prior to submittal to the CITY OF FAYETTEVILLE. The label shall list the CITY OF FAYETTEVILLE's sewer line segment number, data, City of Fayetteville, name of CONTRACTOR, and video number. (6) Each setup shall be described visually (by superimposing a descriptive caption on the video which identifies critical information) and described audibly on the video recording, both at the initiation and at the conclusion of the setup. The line segment shall be described by the CITY OF FAYETTEVILLE's segment number which includes both basin and manhole numbers. The video counter number shall be voiced on the video recording and written on the record logs both at the initiation and conclusion of each setup. In addition, the video counter number and a brief description of all service laterals, cleanouts, and defects shall be audibly indicated on the video recording. (7) The CONTRACTOR shall be responsible for verifying that each service connection is active at the time of initial TV inspection. The CONTRACTOR shall be responsible for dye testing service connections that cannot be verified by visual inspection alone. No work shall be performed on any sewer lines until ALL services have been verified. Reinstatement of "dead" service connections will not be permitted. (8) A printed report shall be furnished for each line segment televised. The report will contain the location of service laterals, the status of the laterals, location of cleanouts, the status of the cleanouts and the location and description of any defects. BIDDER'S PROPOSAL 4.0 BIDDER'S PROPOSAL 4.1 ITEMIZED DESCRIPTION OF BID PRICING TO: City of Fayetteville Fayetteville, Arkansas The undersigned bidder, having examined the specifications and contract documents, and being fully advised as to the extent and character of the work, propose to furnish all equipment and to perform all labor and work necessary for the completion of the work described by and in accordance with the specifications and contracts for the following prices to wit. The unit prices shall be written in words on each line below the item description. The unit price in figures and extended total in figures shall be written on the lines provided. The total bid amount shall be written in both figures and words on the lines provided. Item A rox Unit Price No. Item Description t4 k Unit In Figs of 6" x 4.5mm trenchless rehabilitation by CIPP of existing sewer pipe I mainline, complete in place ��'�s,>s�� n-►_ dollars 4360 LF $ , ()D $ ijrjjZ,1x0 8" x 6.omm trenchless rehabilitation by CIPP of existing sewer pipe mainline, complete in place dollars 1430 LF $ . � $ Internal reinstatement of Service Laterals SCD UQ dollars 25 EA $ A.m $ 1 Z 4 Standard Mobilization &M1 wa.xuXM CD t� j dollars I EA $� D P---' $ 10. TOTAL BID AMOUNT $ I b2 , 4 "l5- — (In Writing) The undersigned understands that this bid is for a tern maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville, Arkansas and that the City of Fayetteville here may choose to purchase more, less, or none of the rehabilitation, depending upon its needs. The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. This contract is generally for miscellaneous and unidentified rehabilitation of sanitary sewer mains and service connections using the cured -in -place pipe method. The bidder understands that the City of Fayetteville reserves the right to reject any or all bids, and to waive informalities in the bidding. The undersigned further agrees that the proposal guaranty may be retained by the City of Fayetteville, Arkansas, provided the undersigned is one of the lowest and most advantageous bidders, and that said proposal guaranty shall remain with the City of Fayetteville until the contract has been signed, and the bond required for the faithful performance of the contract has been made by one of the lowest responsible bidders, otherwise, proposal guaranty may be obtained from the City of Fayetteville after forty-eight hours from the time of opening of the bids. The undersigned hereby declares that he has had sufficient time to make all test and investigations to arrive at an intelligent estimate of the cost of doing the work, and has carefully examined the specifications and documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representation made by the City of Fayetteville are in any sense a warranty, but are mere estimates for guidance of the CONTRACTOR. Upon receipt of notice of the acceptance of the bid, we will execute the formal contract attached in quiatuplicate, within ten days, and will deliver a Surety Bond for the faithful performance of the contract, and such other bonds as may have been required in the specifications. The bid security attached in the sum of 5%of the greatest amount of the total bid is ($5%) is to become the property of the City of Fayetteville if a cashier°s check, and if a bond, the principal amount shall be paid to the City of Fayetteville, in the event the contract and bond are not executed within the time set forth, and to be considered as liquidated damages because the delay and additional work caused thereby are incapable of accurate ascertainment. RESPECTFULLY SUB ED Bidder. [ C-�'"^�""��—`� s�cavAx�aivnTrrre swG,ruaanrmrrnX Business Address Qj _ 015 21910-I2) Telephone Number (oo1w42r-- )-qkA`�' TT FAX Number 1(0 1 -qr4p" q Arkansas Contractors License Number SOL NOTE: DO NOT DETACH BID FROM OTHER PAPERS BOUND IN THIS DOCUMENT. Fill Bid Form in with ink and submit complete with all other papers bound in this document 10 HT&I o �l =011 i 4.2 GENERAL INFORMATION • Representatives from the CITY OF FAYETTEVILLE will contact the CONTRACTOR with their specific work items. The estimate will reflect and be based on the listed bid items. Upon notification and approval by the CITY OF FAYETTEVILLE, the CONTRACTOR shall start work on the project within fifteen (15) working days. • Payment for work on a particular project shall be made upon completion and acceptance of the work by the City of Fayetteville. There will be no partial payment made for any project. • Invoices shall be sent to the City of Fayetteville. They shall be itemized to include: - The specific bid items utilized. - The quantifies of those bid items. - The total cost for that project. - The total billing to date under the annual contract, including any change orders. « The CONTRACTOR will be responsible for all signing and barricading and will comply with those portions of the "Arkansas Manual on Uniform Traffic Control Devices for Streets and Highways" which pertain to construction. « The CONTRACTOR shall take precautions and use care to avoid damaging, disturbing, or disrupting existing private facilities on private or public property, i.e., fences, sprinkler facilities, shrubs, landscaping, etc. The CONTRACTOR shall restore, to the City of Fayetteville's satisfaction, any damaged property at the Contractor's expense. « Completion of a particular project is defined to include the satisfactory performance of all minor and non - pay work items such as clean-up and restoration/replacement of all damaged private and public property, etc. POST LINING VIDEOING • After lining, the CONTRACTOR shall provide the City of Fayetteville television results of the lining showing all taps made upon the new line. Upon completion of the video, a DVD shall be supplied to the CITY OF FAYETTEVILLE. UTILITIES COORDINATION • During the construction of this project, the CONTRACTOR shall be responsible for contacting Arkansas One Call for locating any utilities that may be involved in any excavations. 4.3 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Suncoast Infrastructure, Inc. as Principal, and Federal Insurance Company as Surety, are hereby held and firmly bound unto the City of Fayetteville in the penal sum of Five Percent of Bid for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. The Condition of the above obligation is such that whereas the Principal has submitted to the City of Fayetteville a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for Project ELKINS OUTF L AREA (TR&VrrySEWER IMPROVEMENTS - CURED IAT PLACE IRE METHOD NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation, as herein stated. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth below Signed, this 9 day of May _ _ 2013. (Principal) Richard A. Rula, President Federal Insurance Company (Surety) By. Mary A. od , Attorney in Fact F Chubb POWER Federal insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Padfic indemnity Company Warren, NJ 07055 l7rMN.1�B Know All by These Presents, That FEDERAL INSURANCE COMPANY. an Indiana ooEparalim, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC tNDgi1NNTY COISAPANNY, a vinsconsin do earb hereby constitute and appoint Ronald L. Andrews Nary A. Goodin and Susan G. Johnston of Vicksburg, Mississippi each as shell true and lawful Attorney- in- Fact to execute under such desl9nation in their names and is affix their corporate seats to and deliver for and on their behalf as surety thereon or otherwise, bands and undertakings and other writings obligatory in the nature thereof (other than hail bonds) given or esrecmmted in the course of business, and any Inslnurments amending or altering the same, and consents to the modification or alteration of any hustument referred to in said bonds or obligations, in tiliiiru n a Whereof saint FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMWTY COMPANY have each executed and attested these presents and af%d their corporate seats on this 7th day of Sept$tuber, 2011. �1 mimes E. Altman, We Pre-s derd STATE OF NEW JERSEY " ss. County of Somerset On ft ith day of September,, 2011 before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to be Assistant Secretary of rEoERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which execuded the foregoing Pourer of Atlomeyr, and the Said Kenneth C. Wended, bekhg by me duly sworn, did depose and say tiv t he is Assistant Secretary of 17 DDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and Imows the corporate seals thereof that the seats affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -taws of said Companies; and that he signed said Paver of Attorney as Assistant Secretary of said Computes by take auMwV, and that he is acquainted with .fames I. Afton, and knows him to be Vico President of said Companies; and that the signature of James E. Altman. subutibed to sold Power of Attorney Is in the genuine handwriting of ,lathes E. Altman. and was thereto subswftd by authority of said thy- Laws and h deponenf a preseruar. Notarial Seat WHOM J. AD&W 1C OF NEw +f > W. 2 1 NOW do 6 N01 Ptibe unitary Public: CERTIFICATION Extract from the Sy- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: AN powers of atfnmey for and an behalf of the Company may and shall be executed in the name and en behalf of the Compan, either by the Chalrman or the President or a Vice President or an Assistant Vice PrWdent, (tliu* with the Secretary or an Assistant Secretary, under their respective designations. The signature of Such OMers may be engraved, printed or WtograpWL The signature of each of the fdkWng otticers: Chairman, President, any Vim President any Assistant Vice President, any Swelary, any Assistant Spry and the seal of the Company may be atlhred by facsimile to any power of attorney or to any certificate relafumg Merelo appointing Assistant Secrelartes or Aftmeys- in- Fact for purposes only of executing and attesting bonds and urxiertakings and other writings obligWary in the stature thereof and any such power of attomey or certihCale beaft such facsbtrile signature or bosiemile seal shall be vakd and bind€ng upon the Company and any such power so executed and osittfied by mx h facsimile signature and facsimile seal shall be vald and binding upon the Company with respect to my bond or undertaking to which it is attached.' i, Kenneth C. Wen" Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companlesl do hereby testify that (s) the faregaing extract of the Bye- Laws of tha Companies is true and correct, ( the Companies are duly licensed and austhorized to transact surety business in all 90 of the United States of America and the District of Columbia and arc autborised by the U.S. Treasury 0"admerd; further, Federal and V€911ant we licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Pro+imces of Canada except Prince Edward Island: and (iii) the foregoing Power of Aiiomey is true. correct and in tut force and effeLt Given under my hand and seals of said Companies at Waffe% NJ this g day of May, 2013 Y � •,lira,�yp �MY� � WWW. Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR SY Telephone (908) 903- 3493 Fax (9W) W3- 3666 9-mail: sir chub Ca t=orM I S-10- o225B- U (Ed. 5• 03) CONSENT 4.4 CONTRACTOR'S ACT OF ASSURANCE FORM As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the company) bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each sub- contract awarded in excess of $10,000 and I will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. NONSEGREGATED FACILITIES The company that I represent does not and will not maintain any facilities provided for its employees in a segregated manner, or permit its employees to perform their services at any location under company control where segregated facilities are maintained; and that the company will obtain a similar certification prior to the award of any subcontract exceeding $10,000 which is not exempt from the equal opportunity clause. LABOR STANDARDS I will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance. I will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts in excess of $2,000. OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. AUTHORIZED REPRESENTATIVE COMPANY SIGNATURE: C�12"'"DATE: Q { PRINTED NAME: C' TITLE: ?a. 500 CONTRACT AND BOND DOCUMENTS 5.0 CONTRACT AND BOND DOCUMENTS 5.1 AGREEMENT ELKINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS - CURED IN PLACE PIPE METHOD THIS AGREEMENT, made this day of , 2013, by and between the City of Fayetteville, Arkansas, and Suncoast Infrastructure Inc. doing business as a Corporation, hereinafter called "Contractor", WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the projects selected for rehabilitation under this Contract at the City of Fayetteville, Arkansas and all incidental and ancillary work in accordance with the conditions and at the prices stated in the Bid Proposal which are a part of these Contract Documents attached hereto and made a part hereof. 2. The Contractor will furnish all materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the projects selected for rehabilitation. 3. The Contractor will commence the work required under this term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville, Arkansas in a timely manner as projects are selected. The Contractor shall furnish City of Fayetteville a timeline for each project as preparation for the work begins. 4. The timeline for this contract shall be 120 calendar days from date listed on the Notice to Proceed. 5. The City of Fayetteville will pay the Contractor in the manner and at such times as set forth in the General Conditions such amounts, as required by the Contract Documents. 6. The Contractor agrees to perform the work described in the Contract Documents and comply with the terms therein for the amounts shown in the Bid Proposal. 7. The term "Contract Documents" means and includes the Advertisement for Bids, Information for Bidders, Technical Specifications, Bid Proposal, Agreement, General Conditions, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Change Orders and Addenda prepared or issued by the City of Fayetteville. 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. It is mutually agreed that should it appear to the City of Fayetteville or to the Authorized Agent in charge, at any time during the existence of this Contract, that the sureties on the Contractor's bond have become insolvent, bankrupt, or otherwise financially unable to protect the City of Fayetteville under the terms of the Contract, the City of Fayetteville may demand the Contractor furnish additional security in some approved surety company satisfactory to the City of Fayetteville. The acts of the City of Fayetteville or the Agent with reference to demanding new or additional security shall never be construed to relieve the original sureties of their obligations under the contract, or to relieve the Contractor. The City of Fayetteville may stop performance under the Contract until additional security has been furnished by the Contractor, 10. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City council in advance of the change in scope, cost or fees. 11. City of Fayetteville contracts and documents prepared while performing City of Fayetteville contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in. three (3) counterparts, each of which shall be deemed an original on the date first above written. THE CITY OF FAYETTEVILLE By: Attest: Title: Mayor Title: 113 West Mountain Street Fayetteville, AR 72701 CONTRACTOR: By: Title: Company Address *If a corporation, the Secretary of the Corporation should Attest. Title: (Corporate Seal) 5.2 PERFORMANCE AND PAYMENT BOND ELKINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS - CURED IN PLACE PIPE METHOD We, hereinafter called "PRINCIPAL", and , as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Fayetteville, Arkansas as obligee, in the amount of $ Dollars ($ ), for payment where of the PRINCIPAL and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. The PRINCIPAL has by written Agreement dated , 2013, entered into a contract with the City of Fayetteville to make rehabilitation improvements to sanitary sewer mainlines to be selected by the City of Fayetteville, which Contract is by reference made a pert hereof and is hereinafter referred to as the Contract. WHEREAS, this bond is given pursuant to the Arkansas Government Code; NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreements of the Contract; shall satisfy all claims and demands incurred under the Contract; shall fully indemnify and hold the City of Fayetteville harmless; shall reimburse and repay City of Fayetteville for any outlay or expense which City of Fayetteville may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and Cities who may furnish materials or labor under the Contract, then this obligation shall be void; otherwise to remain in full force and effect. The obligations of CONTRACTOR and SURETY under this bond apply both to the original Contract and to any extension or modification of the Contract and SURETY agrees that no change, extension of time, addition, expansion or other modification of the Contract, the work to be done under the Contract, or the plans and specifications which are a part of the Contract shall in any manner affect the obligations of SURETY under this bond, and SURETY waives notice of any such change, extension of time, addition, expansion or other modification. The obligations of CONTRACTOR and SURETY under this bond are performable and payable in Washington County, Arkansas such that exclusive venue for any legal action pertaining to this bond shall lie in Washington County, Arkansas. By their signatures below, the persons signing this bond warrant and represent that they are, respectively, duly authorized to sign on behalf of CONTRACTOR and SURETY. PROVIDED , FURTHER, that no final settlement between the City of Fayetteville and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each of which shall be deemed and original. EXECUTED this the day of 12013 CONTRACTOR: PRINCIPAL SURETY By; By: Name/Title Name/Attorney-in-Fact: Address Address Note: This Bond Form is mandatory; no other form will be acceptable. The date of the Bond must not be prior to the date of the Contract. If Contractor is a Partnership, all Partners must execute this Bond. This Bond must be issued in quintuplicate with the issuing agent's Power of Attorney attached to each copy. SURETY companies executing Bonds mast appear on the U.S. Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Arkansas 5.3 MAINTENANCE BOND ELKINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS - CURED IN PLACE PIPE METHOD We, hereinafter called "PRINCIPAL", and , as SURETY, hereinafter called "SURETY", are held and firmly bound unto the City of Fayetteville, Arkansas as obligee, hereinafter called "City of Fayetteville", in the amount of $ Dollars ($ ), for payment where of the PRINCIPAL and SURETY bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. The PRINCIPAL has by written Agreement dated , 2013, entered into a contract with the City of Fayetteville to make rehabilitation improvements to sanitary sewer mainlines to be selected by the City of Fayetteville, which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. WHEREAS, this bond is given pursuant to the Arkansas Government Code; WHEREAS, under the Contract it is provided that the PRINCIPAL will maintain and keep in good repair all work to be performed and done under the Contract for a period of two (2) years from the date of acceptance of the completed work by CITY OF FAYETTEVILLE, and to do and perform all necessary work and repair any defective condition, it being understood that the purpose of this maintenance bond is to insure all warranties, express or implied, made or given by the PRINCIPAL to CITY OF FAYETTEVILLE and to cover all defective, inadequate or non -conforming conditions arising by reason of any materials or labor installed, provided, constructed or performed by the PRINCIPAL and in case the PRINCIPAL shall fail to correct any such conditions it is agreed that CITY OF FAYETTEVILLE may make such corrections and charge the cost of making those corrections against the PRINCIPAL and the SURETY on this obligation, and the PRINCIPAL and SURETY shall be subject to the liquidated damages provided in the contract, the plans and the specifications for each day's failure on its part to comply with the terms and provisions of the Contract; NOW, THEREFORE, if the PRINCIPAL shall keep and perform its obligation to maintain the work and keep the work in repair for the full maintenance period of two (2) years as herein provided, then these presents shall be null and void and have no further effect, but if default shall be made by PRINCIPAL in the performance of its obligations, then these presents shall have full force and effect, and CITY OF FAYETTEVILLE shall have and recover from the PRINCIPAL and its SURETY damages in the premises as provided and it is further understood and agreed that this obligation shall be a continuing one against the PRINCIPAL and the SURETY and that successive recoveries may be had hereon for successive breaches until the full amount of this bond shall have been exhausted; and it is further understood that the obligation under this bond to maintain the work shall continue throughout the maintenance period and shall not be changed, diminished, or in any other manner affected during the term of this bond. The obligations of PRINCIPAL and SURETY under this bond apply both to the original Contract and to any extension or modification of the Contract and SURETY agrees that no change, extension of time, addition, expansion or other modification of the Contract, the work to be done under the Contract, or the plans and specifications which are a part of the Contract shall in any manner affect the obligations of SURETY under this bond, and SURETY waives notice of any such change, extension of time, addition, expansion or other modification. The obligations of PRINCIPAL and SURETY under this bond are performable and payable in Washington County, Arkansas such that exclusive venue for any legal action pertaining to this bond shall lie in Washington County, Arkansas. By their signatures below, the persons signing this bond warrant and represent that they are, respectively, duly authorized to sign on behalf of PRINCIPAL and SURETY. PROVIDED, FURTHER, that no final settlement between the City of Fayetteville and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each of which shall be deemed and original. EXECUTED this the day of 12013. CONTRACTOR: PRINCIPAL By: Name/Title Address SURETY SURETY By: Name/Attorney-in-Fact: Address Note: This Bond Form is mandatory, no other form will be acceptable. The date of the Bond must not be prior to the date of the Contract. If Contractor is a Partnership, all Partners must execute this Bond. This Bond must be issued in quintuplicate with the issuing agent's Power of Attorney attached to each copy. SURETY companies executing Bonds must appear on the U.S. Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Arkansas 5.5 CONTRACTOR'S AFFIDAVIT OF BILLS PAID ELKINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS - CURED IN PLACE PIPE METHOD (To be executed prior to acceptance of project) STATE OF ARKANSAS COUNTY OF WASHINGTON Personally, before me the undersigned authority, on this day appeared who, being duly sworn, on oath, says that he is a legal representative of (Full name of CONTRACTOR as in Contract) and that the contract for the construction of the project, designated as TERM MAINTENANCE CONTRACT FOR 2008 SANITARY SEWER MAIN LINE AND SERVICE LATERAL REHABILITATION has been satisfactorily completed and that all bills for materials, apparatus, fixture, .machinery and labor used in connection with the construction of this project have, to the best of my knowledge and belief, been fully paid. Signature Title Sworn to and subscribed before me this day of ,2013. (sue) . Notary Public in and for My Commission Expires County, Arkansas NOTE: If the CONTRACTOR is an individual, he shall sign the affidavit, If the CONTRACTOR is a partnership, any partner may sign the affidavit If the CONTRACTOR is a City, a person authorized by the by-laws or by the Board of Directors shall sign the affidavit. If the CONTRACTOR is a joint venture of individuals, any of the individuals may sign the affidavit If the CONTRACTOR is a joint venture of partnerships, or of individuals and partnerships, the individual or any partner of any partnership may sign the affidavit If the CONTRACTOR is a joint venture in which a City is a party, separate affidavits must be executed in the name of the joint -venture; one by each City and one by each individual or partnership. Signatures for Cities should be by a duly authorized officer. If signature is by another, a showing of authority to sign must accompany the affidavit 600 USEPA REGION 6 SUPPLEMENTAL CONDITIONS UNITED STATES ENVIRONMENTAL, PROTECTION AGENCY REGION 6 Supplemental Conditions For . Federally Assisted Water, Storm Water and/or Wastewater Infrastructures under the Special Appropriations Act Project Grants Revised Oct. 2011 REPRODUCTION OF T141S GUIDANCE SHOULD BE ON COLORED PAPER, PREFERABLY FINK FORMS THAT NEED TO BE SUBMITTED WITH BIDS General Requirements Certifications Regarding Contracts under Equal Opportunity Clause and Nonsegregated Facilities, Labor Standards and Davis -Bacon • Certification by Contractor Statement of Compliance with Labor Standards Disadvantaged Business Enterprise a EPA Form 6I40-2, DBE Subcontractor Participation Form • EPA Form 6100-3, DBE Subcontractor Performance Form • EPA Form G 1 QQ-4, DBE Subcontractor utilization l�orrn MBE/WBEISBRA Utilization Information Sheet REFERENCES • Copeland Anti -Kickback, 29 CFR Part 3 http://www.dol.aov/coiiipliance/laws/coi-np-copelaiid.htiii * Suspension and Debarment, Subpart C of CFR 180 and 1532 http://ecfr. gpoaccess.gov/cgi/t/text/t.ex t- - idx c-ecfp - rbrowse/Title02/2cfrI80 main _02.t31 rr&t I-/ccf http://edocket.acr,ess.gpo.gov/cfr-2009/janqtr/pdf/2cfrl 532.332.pdf • Disadvantaged Business Enterprise, 40 CFR Part 33 http://ecfr.gpoaccess.gov/cl i/t/text/text- idx?c=ecfr&rgn=d iv5&view=text&node=40:1.0.1.2.30&idno=40 • Equal Employment Opportunity, 41 CFR Part 60 http://ecfr. 4poaccess.gov/cgi/t/text/text- idx?c=ecfr&r >t�div5&view=text&node=41:1.2,3.1.1 &idno=41 + Labor Standards, 29 CCR farts 4 & 6 littp://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl /ecfrbrowse/Tit.le29/29efr4 main 02.tpl http //ecfr.gpoaccess.goy/cgi/t/text/text- idx?c==ecfr&sid=99c9a2Oe960f56be66fI7ae9I b52c888&r• >n=div5&view=text&node=29:1.1.1.1. 7&idno=29 • Nondiscrimination, 40 CFR Part 7 http://www,epa.gov/oci-/does/4OpOOO7.pd • OMB. Circular A-133 htt a-//www.whiteliousc.p-ov/oiiib/assets/a]33 cornpliance/aW 7. df • Reissuance of NPDES General Permits for Storm Water Discharges from Construction Sites in Region 6- Federal Register hfit'p://www.epa.€5oy/region6/6en/w/swfswcon98.pdf * Uniform Administrative Requirements, 40 CFR Part 31 littp://ecfr•.gpoaccess.p,oV/Cgi/t/text/text - idx?c=ecfr&r�,:n=diy5&yiew= text&node=40:1.0.1.2.29&idno=40 Model Contract Clauses —Attached NPDES Bypass Policy --Attached Federal Cross -Craters —Attached XP-211 BIDDER'S CERTIFICATIONS* XP-OOF27401-0 Project Narrta ��^ Project Number XP- ..... ]lC� Contract For Qiki ti rs1_ t r.P 4Ot 4 O n CZ n 0�[�ri. rQ� The following certifications must be completed by the bidder for each contract. A. EQUAL EMPLOYMENT OPPORTUNITY: (X) I have developed and have on file at my each establishment affirmative action proirarns pursuant to 41 CFR Part 60-2. OC.) I have participated in previous contract(s) or subcontract(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375. 1 have filed all reports due under the requirements contained in 41 CFR 60-1.7. I have not participated in previous contract(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375. Sj( ) I will obtain a similar certification from any proposed subcontractor(s), when appropriate, B. NONSEGREGATED FACILITIES (9) I certify that I do not and will not maintain any facilities provided for ray employees in a segregated manner, or permit my employees to perform their services at any location under my control where segregated facilities are maintained; and that I will obtain a similar certification prior to the award of any federally assisted subcontract exceeding $10,000 which is not exempt from the equal opportunity clause as required by 41 CFR 60-1.8. I understand that a -false statement on this certification may be grounds for rejection of this bid proposal or termination of the contract award. ve I *'rhis is a suggested format. 'rho grantee may substitutes other equivalent format. CI✓11TI ICATIO BV CONTRACTOR STATI MENT OlE{ COZY PLIANCE WITH LABOR STANDARDS In accordance with 'Title 29, Subtitle A, Part 5, Section 5.6(a.)(1), each monttaly engineering estimate must be accompanied by the; followil)g ceilifieation oxe:culLed by each prime contractor employing naechanics and laborers at the site oil wot'I(. F'stiamateNo....__.—fot'1)eliod_...�w.. to Name of project Contract No. Project Location Date Contract Awarded l hereby certify (bat all of the contract requirements as specified under tl)e applicable labor standards as set lord) in the Copeland "Anti -Kickback" Act and the (;oritract Work Hours and Sattcty Siandards Act, have been complied mri(b by ._._.- _---'-._........_...._..--- principfal contractor and by each (Name pf Gontraclor) subcontractor omploying mechanics or laborers at the site of the work, or there is a substantial dispute with the respoot to the required provisions. T�'j)C ame &Tit e o ' ontmudtor s • ut iorize epresentativ'( liana tare U#:i7riaC(lEt 3c)I'i 7C Gj)!'L'SC�1t;3t1vC ate I understand that the falsification of any of the above certifications may subject tiae eorrtractor or subcontrractor to civil or eriminral prosecution under section 1001 (if title 18 aim! section 231 of title 31 of tlac United States Code. NOTES: cerokation may be pianact on the estimate of oil a sepat'file sheet altarhed Icy the cstialatc. 2.. '111e ri�spopisitlle Staw Al;ency shall, Prior to approving it vouchey. sntisFy itsall'thal copies pl' ihCtie cel'lII'icatc: }tre oil file with the Gramm XP-215 MBE/WBE/SBRA UTILIZATION INFORMATION SHEET* NOTE: The bidders/contractors shall complete the following Minority/Women=s/Small Business in Rural Area (MBE/WBE/SBRA) utilization information whenever they solicit subcontract construction work and/or services and purchase of equipment and supplies for the project in order to provide the fair share of the total dollar amount of the contract for MBE: Construction _ __.__.. % Equipment: %, Supplies %, Services °/a WBE: Construction: %, Equipment: °1Q, Supplies: %, Services: % 1. Do you maintain and -update qualified MBE, WBE, and SBRA on your solicitation lists for supplies, equipment, construction and/or service? Yes X No—' If yes, when did you update your MBE/WBE/SBRA solicitation lists? 2.. Do you maintain a list of minority, women and rural small business -focused publications that may be utilized to solicit MBEs or WBF.,s or SBRAs? Yes,__: NOL If yes, name the publications: b 3. Do you use the services of outreach programs sponsored by the Minority Business Development Agency and/or the Small Business Administration to recruit bona fide MBE/WBE/SBRA firms for placement on your solicitation lists? Yes,L No 4. Do you seek out Minority Business Development Centers to assist you in identifying; MBEs/WBEs/SBRAs for potential work opportunities on your proposed bid for this project? Yes_ Nqk S. Do you analyze the bid package or contract documents to identify portions of work that can be divided and performed by qualified MBEs, WBEs and SBRAs including the bonding range? YesL No — If yes, please attach a brief description of portions of work you have identified for. subcontmcting.,O-:wu %Ibu� - 1! 6. Do you develop realistic delivery schedules which may provide for greater MBEIWBE/SBRA participation? YesL No_ 7. Do you send a letter of solicitation to MBE/WBEISBRA for this project? Yes— No X If yes, please attach a sample copy of each different solicitation letter and the name and address of each MBl?. WBI ISBRA. 8. Do you advertise in general circulation, trade journals, State agency publications of identified MBEs/WBEs/SBRAs, minority or women or rural small business focused media, etc., concerning the subcontracting opportunities on your proposed bid for this project? Yes— NoX If yes, please list the dame of publication and dates of advertiseRnent and attach a copy of each advertisement from each publication. 9. Do you conduct pre -bid, pre -solicitation, and post award conferences, meetings and follow-ups with interested MBE, WBE and SBRA? Yes— NoX If yes, please list person who attended conference as representative of MBTJ- WBI;/SBRA Name & Title of Person: Name of M13 MBE/SBRA: Address: Phone: Date and Place of Conference: Name & Title of Person: Name of MBE/WBE/SBRA: Address: Phone: Date and Place of Conference: Name & Title of Person: Name of MBE/WBE/SBRA: Address- Phone: Date and Place of Conference: 10. Total dollar amount of the contract: 2 Total dollar amount and percentage of MBE/WBE/SBRA participation: A� 1 I - MBE: Construction: °fn, Equipment: °fo, Supplies: %, Services: — % i$ ) ($ ) {$ ) ($ ) WBE: Construction: °fo, Equipment.- _ °fo, Supplies: %, Services: % SBRA: Construction: %, Equipment: %, Supplies: %, Services: % E$ ) c$ ) E$ ) ($ ) 12. Name, address, phone number, contact person, type of construction subcontract, and dollar amount of subcontract. n j )h MBE Subcontractor: Address: Phone: Contact Person: Type of Work: Amount:$ MBE Subcontractor: Address: Phone: Contact Person: Type of Work: Amount:$ WBE Subcontractor: Address: Phone: Contact Person: Type of Work: Amount:$ WBE- Subcontractor: Address: Phone: Contact Person: Type of Work: Amount:$ SBRA Subcontractor: Address: Phone: Contact Person: Type of Work: Amount:$ SBRA Subcontractor: Address: Phone: Contact Person: Type of Work: Amount:$ *XR215 is a suggested format. The grantee may substitute other equivalent formal, 3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 MODEL CONTRACT CLAUSE Recipients must ensure that, when appropriate, the following clauses or their equivalent are included in each contract. 1. SUPERSESSION The recipient and the contractor agree that this and other appropriate clauses in 44 CFR 31.36(i) apply to that work eligible for EPA assistance to be performed under this contract and that these clauses supersede any conflicting provisions of this contract. 2. PRIVITY OF CONTRACT This contract is expected to be funded in part with funds from the U.S, F-mvironmental Protection Agency. Neither the United States nor any of its departments, agencies or employees is, or will be, a party to this contract or any lower tier contract. This contract is subject to the applicable PPA procurement regulations in effect on the date of the assistance award for this project.. 3. CHANGES a. The follooving clause a lies onlE to contracts ffir construction. 1. The recipient may at any time, without notice to any surety, by written order, make any change in the work within the general scope of the contract, including but not limited to changes: i. In the specifications (including drawings and designs); ii. In the time, method or manner of performance of the work; iii. In the recipient -furnished facilities, equipment, materials, services or site, or iv. Directing; acceleration in the performance of the work. 2. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the recipient which causes any change, provided the contractor gives the recipient written notice stating the date, circumstances and source of the order and that the contractor regards the order as a change order. 3. Except as provided in this clause, no order, statement or conduct of the recipient shall be treated as a change under this clause or entitle the contractor to an equitable adjustment. 4. If any change under this clause causes an increase or decrease in the contractor's cost or the time required to perform any part of the work under this contract, whether or not changed by any order, the recipient shall make an equitable adjustment and modify the contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (a)(2) above shall be allowed for any costs incurred more than 20 days before the contractor gives written notice as required in paragraph (a)(2). In the case of defective specifications for which the recipient is responsible, the equitable adjustment shall include any increased cost the contractor reasonably incurred in attempting to comply with those defective specifications. 5. If the contractor intends to assert a claim for an equitable adjustment under this clause, the contractor must, within 30 days after receipt of a written change order under paragraph (a)(1) or the furnishing of a written notice under paragraph (a)(2), submit a written statement to the recipient setting forth the general nature and monetary extent of such claim. The recipient may extend the 30-day period. The contractor may include the statement of claim in the notice under paragraph (2) of this changes clause. 6. No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. b. The ollowirz clause ypAlies onl 1 to contracts for services. 1. The recipient may at any time, by written order and without notice to the sureties, make changes within the general scope of this contract in the services or work to be performed. If such changes cause an increase or decrease in the contractor's cost or time required to perform any services under this contract, whether or not changed by any order, the recipient shall make an equitable adjustment and modify this contract in writing. The contractor must assert any claim for adjustment under this clause in writing within 30 days from the date it receives the recipient's notification of change, unless the recipient grants additional time before the date of final payment. 2. No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. 3. No services for which the contractor will charge an additional compensation shall be furnished without the written authorization of the recipient. C. The following clause applies only to contracts for su dies. I . The recipient may at any time, by written order and without notice to the sureties, make changes within the general scope of this contract in any one or more of the following: i. Drawings, designs or specifications where the supplies to be furnished are specifically manufactured for the recipient; ii. Method of shipment or packing; and iii. Place of delivery. 2. If any changes cause an increase or decrease in the cost or time required to perform any part of the work under this contract, whether or not changed by such order, the recipient shall make an equitable adjustment in the contract price or delivery schedule, or both, and modify the contract in writing. The contractor must assert any claim for adjustment under this clause within 30 days from the date the contractor receives the recipient's notification of change. If the recipient decides that the facts justify such action; the recipient may receive and act upon any such claim asserted at any time before final payment under this contract. where the cost of property made obsolete or excess as a result of a change is included in the contractor's claim for adjustment, the recipient has the right to prescribe the manner of disposition of such property. Nothing in this clause shall excuse the contractor from proceeding with the contract as changed. 3. No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. 4. DIFFERING SITE CONDITIONS The.Lollowinz clause applies onjE to construction contracts. a, The contractor shall promptly, and before such conditions are disturbed, notify the recipient in writing of: 1. Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or 2. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of'the character provided for in this contract. b. The recipient shall promptly investigate the conditions. If it finds that conditions materially diffr and will cause an increase or decrease in the contractors cost or the time required to perform any part of the work under this contract, whether or not changed as a result of such conditions, the recipient shall make an equitable adjustment and modify the contract in writing. c. No claim of the contractor under this clause shall be allowed unless the contractor has given the notice required in paragraph (a) of this clause. However, the recipient may extend the time prescribed in paragraph (a). d. No claim by the contractor .for an equitable adjustment shall be allowed if asserted after final payment under this contract. 5. SUSPENSION OF WORD Tlxe o/lowira clause gpplies only to construction contracts. a. The recipient may order the contractor in writing to suspend, delay or interrupt all or any part of the work for such period of time as the recipient may determine to be appropriate for the convenience of the recipient. b. If the performance of all or any part of the work is suspended, delayed or interrupted for all unreasonable period of time by all act of the recipient in administration of this contract, or by the recipient's failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), the recipient shall make an adjustment for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the subagreement in writing. However, no adjustment shall be made under this clause for any suspension, delay or interruption to the extent (1) that performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the contractor, or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract. c. No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the contractor notified the recipient in writing of the act, or failure to act, involved (this requirement does not apply to a claim resulting from a suspension order), and (2) unless the amount claimed is asserted in writing as soon as practicable after the termination of such suspension, delay or interruption, but not later than the date of final payment under the contract. 3 6. TERMINATION The following clause applies only to contracts ove)• $10 000. a. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the ether party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. b. This contract may be terminated in whole or in part in writing by the recipient for its convenience, provided that the contractor is given (l ) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. c. If termination for default is effected by the recipient, an equitable adjustment in the price provided for in.this contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the recipient because of the contractor's default. If termination for default is effected by the contractor, or if termination for convenience is effected by the recipient, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments which had become firm prior to the termination. d. Upon receipt of a termination action wider paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the recipient all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the contractor in performing; this contract, whether completed or in process. e. tJpon termination under paragraphs (a) or (b) above, the recipient may take over the work and may award another party a contract to complete the work under this contract. f. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the recipient. In such event, adjustment of the subagreement price shall be made as provided in paragraph (c) of this clause. 7. REMEDIES This clause ggplies only to contracts over $.2500(1. Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters 4 in question between the recipient and the contractor arising out of, or relating to, this contract or the breach of it will be decided, if the parties mutually agree, by arbitration, mediation, or other alternative dispute resolution mechanism; or in a court of competent jurisdiction within the State in which the recipient is located. 8. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA NOTE -The following clause applies to (1) any contract negotiated between the recipient and its contractor in excess of $100,000; (2) negotiated contract amendments or change orders in excess of $100,000 affecting the price of a formally advertised, competitively awarded, fixed price contract, or (3) any lower tier contract or purchase order in excess of $100,000 under a contract other than a formally advertised, competitively awarded, fixed price contract. This clause does not apply to contracts awarded on the basis of effective price competition. a. The contractor and subcontractor, where appropriate, assure that the cost and pricing; data submitted for evaluation with respect to negotiation of prices for negotiated contracts, lower tier contracts and change orders is based on current, accurate and complete data supported by their books and records. If the recipient or EPA determines that any price (including profit) negotiated in connection with this contract, lower tier contract or amendment thereunder was increased by any significant sums because the data provided was incomplete, inaccurate or not current at the dine of submission, then such price or cost or profit shall be reduced accordingly and the recipient shall modify the contract in writing to reflect such action. b. Failure to agree on a reduction shall be subject to the remedies clause of this contract. NOTE - Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with lower tier contracts, the contractor may wish to include a clause in each lower tier contract requiring the lower tier contractor to appropriately indemnify the contractor. It is expected that any lower tier contractor subject to such indemnification will generally require substantially similar indemnification for defective cost and pricing data submitted by lower tier contractors. 9. AUDIT; ACCESS TO RECORDS a. The contractor shall maintain boobs, records, documents and other evidence directly pertinent to performance on EPA funded work under this contract in accordance with generally accepted accounting; principles and practices consistently applied, and the applicable IPA regulations in effect on the date of execution of this contract. The contractor shall also maintain the financial information and data used in the preparation or support of any cost submission required under applicable regulations for negotiated contracts or change orders and a copy of the cost summary submitted to the recipient. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, the recipient, and [the State] or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying; during normal business hours. The contractor will provide proper facilities for such access and inspection. b. If this is a fixed price contract awarded through sealed bidding or otherwise on the basis of effective price competition, the contractor agrees to make paragraphs (a) through (g) of this clause applicable to all negotiated change orders and contract amendments affecting the contract price. In the case of all other types of prime contracts, the contractor agrees to make paragraphs (a) through (g) applicable to all contract awards in excess of $10,000, at any tier, and to make paragraphs (a) through (g) of this clause applicable to all change orders directly related to project performance. c. Audits conducted under this provision shall be in accordance with generally accepted auditing; standards and with established procedures and guidelines of the reviewing or audit agency(ics), d. The contractor agrees to disclose all information and reports resulting from access to records under paragraphs (a) and (b) of this clause to any of the agencies referred to in paragraph (a). e. Records under paragraphs (a) and (b) above shall be maintained by the contractor during performance on EPA assisted work under this contract and for the time periods specified in 40 CFR part 31. In addition, those records which relate to any controversy arising under an I3PA assistance agreement, litigation, the settlement of claims arising out of such performance or to costs or items to which an audit exception has been taken shall be maintained by the contractor for the time periods specified in 40 CFR part 31. l Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph (a) of this clause shall have access to records at any reasonable time for as long as the records are maintained.. g This right of access clause applies to financial records pertaining to all contracts (except for fixed price contracts awarded through sealed bidding or otherwise on the basis of effective pried competition) and all contract change orders regardless of the type of contract, and all contract amendments regardless of the type of contract. In addition this right of access applies to all records pertaining to all contracts, contract change orders and contract amendments: 1. To the extent the records pertain directly to contract performance; 2. If there is any indication that fraud, gross abuse or corrupt practices may be involved; or 3. If the: subagreement is terminated for default or for convenience. 10. COVENANT AGAINST CONTINGENT FEES The contractor assures 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 excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For breach or violation of this assurance, the recipient shall have the right to annul this agreement without liability or, at its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 11. GRATUITIES a. If the recipient finds after a notice and hearing that the contractor or any of the contractor's agents or representatives offered or gave gratuities (in the form of entertainment, gifts or 2 otherwise) to any official, employee or agent of the recipient, the State or EPA in an attempt to secure a contract or favorable treatment in awarding, amending or making any determinations related to the performance of this contract, the recipient may, by written notice to the contractor, terminate this contract. The recipient may also pursue other rights and remedies that the law or this contract provides. b. In the event this contract is terminated as provided in paragraph (a), the recipient may pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor, and as a penalty, in addition to any other damages to which it may be entitled by law, be entitled to exemplary damages in an amount (as determined by the recipient) which shall be not less than three nor more than ten times the costs the contractor incurs in providing any such gratuities to any such officer or employee. 12. BUY AMERICAN This clause #Pplks only to construction contracts award under 40 CPR Part 35 Sub arts E and L In accordance with Section 215 of the Clean Water Act (33 U.S.C. 1251 et. seq.) and 44 CFR 31.36(c)(5), the contractor agrees that preference will be given to domestic construction material by the contractor, subcontractors, materialmen and supplies in the performance of this contract. 13. RESPONSIBILITY OF THE CONTRACTOR a. The ollowit -w clause applies only to subs reements Lor services. 1. The contractor is responsible for the professional duality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports and other services furnished by the contractor under this contract. If the contract involves environmental measurements or data generation, the contractor shall comply with EPA quality assurance requirements in 40 CFR 31.45. The contractor shall, without additional compensation, Correct or revise any errors, omissions or other deficiencies in his designs, drawings, specifications, reports and other services. 2. The contractor shall perform the professional services necessary to accomplish the work specified in this contract in accordance with this contract and applicable EPA requirements in effect on the elate of execution of the assistance agreement for this project. 3. The owner's or EPA's approval of drawings, designs, specifications, reports and incidental work or materials furnished shall not in any way relieve the contractor of responsibility for the technical adequacy of his work. Neither the owner's nor EPA's review, approval, acceptance or payment for any of the services shall be construed as a waiver of any rights under this agreement or of any cause for action arising out of the performance of this contract. 4. The contractor shall be, and shall remain, liable in accordance with applicable law for all damages to the owner or EPA caused' by the contractor's negligent performance of any of the services furnished under this contract, except for errors, omissions or other deficiencies to the extent attributable to the owner, owner -furnished data or any third party. The contractor shall not 7 be responsible for any time delays in the project caused by circumstances beyond the contractor's control. 5. The contractor's obligations under this clause are in addition to the contractor's other express or implied assurances under this contract or State law and in no way diminish any other rights that the owner may have against the contractor for faulty materials, equipment or work. b. The following clause gBpfles on.1y to contracts Lor construction. 1. The contractor agrees to perform all work under this contract in accordance with this agreement's designs, drawings and specifications. 2. The contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The owner shall promptly give notice to the contractor of observed defects. in the event that the contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the owner may do so and charge the contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. 3. The contractor's obligations under this clause are in addition to the contractor's other express or implied assurances under this contract or State law and in no way diminish any other rights that the owner may have against the contractor for faulty materials, equipment or work. 14. FINAL PAYMENT Upon satisfactory completion of the work performed under this contract, as a condition before final payment under this contract or as a termination settlement under this contract the contractor shall execute and deliver to the owner a release of all claims against the owner arising under, or by virtue of, this contract, except claims which are specifically exempted by the contractor to be set forth therein. Unless otherwise provided in this contract, by State law or otherwise expressly agreed to by the parties to this contract, final payment under this contract or settlement upon termination of this contract shall not constitute a waiver of the owner's claims against the contractor or his sureties under this contract or applicable performance and payment bonds. 8 United States Environmental Protection Agency Region 6 Policy for Bypass During Construction It is a violation of an NI'DES permit to bypass any part of a collection system or treatment plant. Such violations are subject to the enforcement provisions of Section 309 of the Clean Water Act. Under• extreme circumstances, bypassing can sometimes be employed for short periods, but only after thorough review and authorization by the regulatory agency. NPDGS regulations and permits prohibit the diversion of wastes from any portion of the treatment facility unless: 1) Bypass is unavoidable to prevent loss of life, personal injury. or severe property darnage, or 2) There are no feasible alternatives to bypass. such as the use of auxiliary treatment facilities. retention of untreated wastes, or maintenance during; normal periods of equipment downtime. This condition is not satisfied if the Permittee could have installed adequate backup equipment to prevent a bypass which occurred during; normal periods of equipment downtime or preventive maintenance; and 3) The Permittee submits prior notice of an anticipated bypass. if possible, at least ten days before the date of the bypass. The regulatory agency may authorize an anticipated bypass after considering its adverse effects, if it determines that it will meet the above conditions: 1) The construction sequence must be such that wastes are provided a minimum of secondary treatment, or the equivalent for industrial treatment facilities during all phases of construction unless more stringent treatment levels are required by the state agency; or 2) The facility must maintain compliance with interim limitations set by the regulatory agency based on plant performance. 3) Disinfection is to be utilized if required to protect public health. CROSS -CUTTING FEDERAL AUTHORITIES Environmental Authorities I, Archeological and Historic Preservation Act of 1974, Pub. L 86-523, as amended TT Clean Air Act, Pub. L 84-159, as amended „ Coastal Barrier Resources Act, I'ub. L 97-348 it Coastal Zone Management Act, Pub. L 92-583, as amended t Endangered Species Act, Pub, L 93-205, as amended „ Executive Order 11593, Protection and Enhancement of the Cultural Environment If Floodplain Management, Executive Order 11988, as amended by Executive Order 12148 f, Protection of Wetlands, Executive Order 11990 11 farmland Protection Policy Act, Pub. L. 97-98 Fish and Wildlife Coordination Act, Pub, L. 85-624, as amended 1, National Historic Preservation Act, PL 89-665, as amended it Safe Drinking Water Act, Pub. I.. 93-523, as amended ,t Wild and Scenic Rivers Act, Pub. L. 90-542, as amended 71 Wilderness Act, Pub, L. 88-577, as amended Economic and Miscellaneous Authorities " Demonstration Cities and Metropolitan Development Act of 1966, Pub, L. 89-754, as amended, Executive Order 12372 „ Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including E cutive Order 11738, Administrations of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federttl Contracts, Grants, or l.,oans , Uniform Relocation and Real Property Acquisition Policies Act of 1970, Pub. L. 91-646 as amended 1 it Debarment and Suspension, l:,Xe:cutive Order 12549 rl Now Restriction on Lobbying, Section 319 of Pub. L, 101-121 Social Policy Authorities Age Discrimination Act of 1975, Tub. L. 94-135 Title V1 of the Civil Rights Act of 1964, Pub. L. 88-352 „ Section 504 of the Rehabilitation Act of 1973, Pub, L. 93-112 (including Executive orders 11914 and 11250) The Drug -Free Workplace Act of 1988, Pub, L. 100-690 E, Equal Employment Opportunity, Executive Order 11246 Wornen=s and Minority Business Enterprise, Executive Orders 11625, 12138 and 12432 Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Pub. L. 100-590 OA 700 PREVAILING WAGE RATES MIKE BEEBE STATE OF ARKANSAS RICKY BELK GOVERNOR 10--u DIRECTOR ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DMSION 10421 WEST MARKHAM • LITTLE ROCK, AR 72205-2190 Phone: 501-682-4536 Fax: 501-682-4508 TRS: 800-285-1131 April 8, 2013 Shannon Jones City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Re: ELKINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS CURED IN PLACE PIPE METHOD FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY Dear Mr. Jones: In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 12-474 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. 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 Dourly 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 Pay Prevailing 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. office. When you issue the Notice to Proceed for this project, please send a copy of the notice to my If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4508. Sincerely, Ngnnw S . Lorna K. Smith Prevailing Wage Division Enclosures Arkansas Department of Labor Determination #: 12-474 Prevailing Wage Determination Expiration Date: 10/8/2013 HEAVY RATES Survey#: 712-AH05R Date: 4/8/2013 Project: Elkins Outfall Area Gravity Sewer Improvements - Cured in Place Pipe Method Site: City: Fayetteville, Arkansas Project County: Washington CLASSIFICATION Basic Hourly Rate Fringe Benefits Bricklayer/Pointer, Cleaner, Caulker, Stone Mason $11.45 $1.92 Carpenter $15.50 $0.40 Concrete Finisher/Cement Mason $11.45 $1.92 Electrician/Alarm Installer $21.30 $7.81 Ironworker (Including Reinforcing Work) $16.30 Laborer $10.75 Pipelayer $11.80 $2.61 Truck Driver $12.85 Asphalt Paving Machine $11.45 $1.92 Backhoe - Rubber Tired (1 yard or less) $14.55 $1.60 Bulldozer, finish $14.60 Bulldozer, rough $11.45 $1.92 Distributor $11.45 $1.92 End Dump (Dump Truck) $12.90 Front End Loader, finish $13.70 Front End Loader, rough $11.45 $1.92 Mechanic $14.70 Motor Patrol, finish $11.45 $1.92 Motor Patrol, rough $11.45 $1.92 Roller $11.45 $1.92 Scraper, finish $11.45 $1.92 Scraper, rough $11.45 $1.92 Crane, Derrick, Shovel, Dragline & Backhoe $14.90 Excavator/Trackhoe $14.35 $1.75 Welders -receive rate prescribed for craft performing operation to which welding is incidental. Certified 8/1/2012 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division, Please call (501) 682-4536 for a request form. 4/8/2013 10.23 AM Page 1 of 1 STATEMENT OF INTENT TO PAY PREVAILING WAGES PROJECT: ELKCINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS - CURED IN PLACE PIPE METHOD FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY This is to certify that we, the following listed contractors, are aware of the wage requirements of the Arkansas Prevailing Wage Law and by signature below indicate our Intent to pay no less than the rates established by Arkansas Prevailing Wage Determination Number 12-474 for work performed on the above noted public project. I understand that contractors who violate prevailing wage laws, i.e., incorrect classification scope of work of workers, improper payments of prevailing wages, etc., are subject to fines and will be required to pay back wages due to workers. Signature and Title Business Name Address Phone# of Business Of icial General/Prime Contractor Electrical Subcontractor Mechanical Subcontractor Plumbing Subcontractor Roofing/ Sheet Metal Subcontractor THE GENERALIPRIME CONTRACTOR IS RESPONSIBLE FOR GETTING THIS FORM FILLED OUT AND RETURNING IT TO THE ARKANSAS DEPARTMENT OF LABOR WITHIN 30 DAYS OF 77ffNQ7XF TO PROCEED FOR THIS PROJECT. RETURN COMPLETED FORM TO THE ARKANSAS DEPARTMENT OF LABOR, PREVAILING WAGE DIVISION, 10421 W. MARKHAM, LITTLE ROCK, ARKANSAS, 72205. 5.0 CONTRACT AND BOND DOCUMENTS 5.1 AGREEMENT ELKINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS - CURED IN PLACE PIPE METHOD THIS AGREEMENT, made this I -- day of 2013, by and between the City of Fayetteville, Arkansas, and Suncoast Infrastructure. Inc. doing business as a Corporation, hereinafter called "Contractor", WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the projects selected for rehabilitation under this Contract at the City of Fayetteville, Arkansas and all incidental and ancillary work in accordance with the conditions and at the prices stated in the Bid Proposal which are a part of these Contract Documents attached hereto and made a part hereof. 2. The Contractor will furnish all materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the projects selected for rehabilitation. 3. The Contractor will commence the work required under this term maintenance contract for the rehabilitation of sanitary sewer mainlines throughout Fayetteville, Arkansas in a timely manner as projects are selected. The Contractor shall furnish City of Fayetteville a timeline for each project as preparation for the work begins. 4. The timeline for this contract shall be 120 calendar days from date listed on the Notice to Proceed. S. The City of Fayetteville will pay the Contractor in the manner and at such times as set forth in the General Conditions such amounts, as required by the Contract Documents. 6. The Contractor agrees to perform the work described in the Contract Documents and comply with the terms therein for the amounts shown in the Bid Proposal. 7. The term "Contract Documents" means and includes the Advertisement for Bids, Information for Bidders, Technical Specifications, Bid Proposal, Agreement, General Conditions, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Change Orders and Addenda prepared or issued by the City of Fayetteville. S. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 9. It is mutually agreed that should it appear to the City of Fayetteville or to the Authorized Agent in charge, at any time during the existence of this Contract, that the sureties on the Contractor's bond have become insolvent, bankrupt, or otherwise financially unable to protect the City of Fayetteville under the terms of the Contract, the City of Fayetteville may demand the Contractor furnish additional security in some approved surety company satisfactory to the City of Fayetteville. The acts of the City of Fayetteville or the Agent with reference to demanding new or additional security shall never be construed to relieve the original sureties of their obligations under the contract, or to relieve the Contractor. The City of Fayetteville may stop performance under the Contract until additional security has been furnished by the Contractor, 10. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City council in advance of the change in scope, cost or fees. 11. City of FayetteviIIe contracts and documents prepared while performing City of Fayetteville contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only Iegally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3) counterparts, each of which shall be deemed an original on the date first above written. THE CITY OFFAYETTEVILLE BY Attest: Titl. Mayor Title: Gf 113 West Mount treet Fayetteville, AR 72701 CON SUNCOAST INFRASTRUCTURE, INC. By: T7 � a. ar u a Title: president Company Suncoast: Infrastructure, Inc. Address P.O. Box 397 Florence, MS 39073 *If a corporation, the Secretary of the Corporation should Attest. Title: (Corporate Sea[) T" �Yfff 1114141f!llrl G\1 Y pF •sG�. LI=; • r G f TON µ 0 �� ii- mo- 15 is SUNCINF-01 BBROWN CERTIFTEATE OF LIABILITY INsMANCE DATDlYYYY) 5121 2112l2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER Risk Management Partners, Inc. 106 Luckney Station Road Flowood, MS 39232 CONTACT NAME: PHONE 601 919-2028 F No . 601 919-2323 (AIc NNo E� t : ) E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAiC N INSURERA:Wausau Business Insurance Company 27332 INSURED INSURER B: Wausau Underwriters Ins CO 26425 Suncoast Infrastructure, Inc. INSURER C: American Guarantee 8r Liability Ins. Co. 26247 INSURER D: Great American Alliance Insurance Co. P.O. Box 397 Florence, MS 39073 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I Tft LLLRDDfYYYY TYPE OF INSURANCE I BR POLICY NUMBER MMIDDIYYYY POLICY MM LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X X TBK-Z91-452589-042 9/1/2012 9/112013 EACH OCCURRENCE $ 1,000,000 AfaAG'c T6RE PREMISES Ea occurrence S MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECTLOC PRODUCTS - COMPIOP AGG $ 2,000,00 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS X X ASJ-Z91-452589-022 9/1/2012 911I2013 COMBINED SINGLE LIMIT Ea..denl $ 1,000,00 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S X PROPERTY DAMAGE Per accident $ S C X UMBRELLA LIAO EXCESS LIAR X OCCUR CLAIMS -MADE X X AUC656124403 911/2012 9Y112013 EACH OCCURRENCE $ 25,000,000 AGGREGATE s OED X RETENTIONS 10,000 $ 25,000,000 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORlPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N f A X WC1709025-00 911/2012 9/1/2013 X VVC STATU- OTH- L415§LI R E L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE S 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (Attach ACORD 101. Additional Remarks Schedule, if more space Is required) re: Elkins Outfall Area Gravity Sewer Improvements- Cure In Place Pipe Method The City of Fayetteville, AR is additional Insured on the General Liability, Auto Liability and Umbrella policies only with respect to the operations of the named Insured as required by written contract. A waiver of subrogation is afforded. CERTIFICATE City of Fayetteville, AR 113 West Mountain St Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANU—WITH THE POLICY PROVISIONS. TIVE ACORD 25 (2010/05) ©1988-2010 The ACORD name and logo are registered marks of ACORD All rights 1ao 13 &Ci 13-I(� 5.2 PERFORMANCE AND PAYMENT BOND ELKINS OUTFALL AREA GRAVITY SEWER IMPROVEMENTS - CURED IN PLACE PIPE METHOD We, Suncoast Infrastructure, Inc. Federal Insurance Company 35 Surety, hereinafter bound unto the City of Fayetteville, Arkansas as-bligee, in rite amount of and Four Hundre ,y-F i ve---_Dollars (S 1624 95 - 00 ), for payment where of the PRINCIPAL and Surety bind thctnSelves, their heirs, p t rsonal representatives, successors and =signs, jointly and severally, funtly by these presents. The PRINCIPAL. has by written Agreement dated 3qi&f _ 2013, entered into a contract with the City of Fayetteville to make rehabilitation hnprovements to sanitary sewer mainlines to be selected by the City of Fayetteville, which Contract is by reference trade a pert hereof and is hereinafter referred to as the Contract_ WHEREAS, this bond is given pursuant to the Arkansas Government Code; NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreeinents of the Contract; shall satisfy all claims and demands incuTrcd under the Contract; shall fully less; shall reimburse and repay City of Fayetteville For any ou>ny or expe�ins indemnify and hold the City of Fayetteville harms Which City of Fayetteville may incur in making good any default, and shall promptly make payment to all persons, subcontractors and Cities who may furnish materials or labor under the Contract, theta this obligation shall be void; otherwise to remain in full force and effect. The obligations of CONTRACTOR and SURETY under this bond apply both to The original Contract and to ally extension or mod'ifieation of the Contract and SUiLETY agrees that no change, eacecn6ion of titre, addition. expansion or alter mndifieation of the Contract, the work to be done under the Contract, or the plans and specifications which ce area part ofthe Contract shall in any manner affect ansobligations li atiother modification. under thisbond bligrttlons of CONTRA , and SUREW waives and of any such change, extension of time, addition, expansion SURETY undcr this bond are performable and payable in W:Lshingto�sas.ryBAthenrSsi taturenS Such s-below hue pe solt signing legal action pertaining to this bond $half lie in Washington County, A y this bond warrant and represent that they are, respectively, duly authatized to sign on behalf of CONTRACTOR and SURETY. PROVID10 , FURTHER, that no final settlement between the City of Fayetteville and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsallsfied. iN WITNESS VMEREOF, this instrument is executed in three (3) couutCrparM, each of which shall be deemed and original. EXECUTED this the .25- day of 14 , 2013 CONTRACTOR: SURETY: PRINCIPAL SURETY Suncoas Infrastructure, Tnc_ Federal surance Cam an ! v Susan G Johnston, Attor y in ct Richard A. Rula, President Nai mtlAttorney-in-Fact: Name/Title Address PO Box 397 Address PO t3ox 59 Florence, MS 39073 Vicksburg, MS 39181 Doc ID: 015313340005 Type: LIE Kind: PERFORMANCE BOND Recorded: 07/29/2013 at 08:52:39 AM Fee Amt: $35.00 Pape 1 of 5 4lashlnpton County, AR Kyle Sylvester Circuit Clerk FileBO32-00000028 hereinafter called "PRINCIPAL", and called "Surety", are held and firmly e One Hundred Sixty -Two Thous Ko(e: This Bond Form k m-d—y; no otlte form %W11 be Wccpfnh!a. flu dr. ortttg am d must not 6e prior to wt date afthe Cantrtet. if CunimMF is a ratrncrship. Lill Panners trtu t rxrcurt this Hood. 71t6 Band mwt he ioued in q ��nt spmast with the i i5t (CirCuls�r 570 as `u=nd d) aril bC ituzhorbrd to trnts.xt StJRE Y tampanlcs oxccuting Bond$ must appc w on the 1J.b. Treasury Dept buss doss in the Store of Arkansu IcChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 CI-IIti.iBB Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Ronald L. Andrews Mary A. Goodin and Susan G. Johnston of Vicksburg, Mississippi each as their true and lawful Attorney- in- Fad to execute under such designation in their names and to affix their oorporate seals to and deliver for and on their behalf as surety thereon or otherwise, bands and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Wltness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 7th day of September, 2011. Kenn endel, Assista-Ft Secretary I WamesE.n, vice President STATE OF NEW JERSEY ss. County of Somerset On this 7th day of September , 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by suBwrity of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with James E. Altman, and knows him to be Vice President of said Companies; and that the signature of James E. Altman, subscribed to said Power of Attorney is in the genuine handwriting of James E. Allman, and was thereto subscribed by authority of said By- laws and in deponents presence. Notarial Seal KATHMNE J. ADELAAlt NOTARY MJ8L1C OF NEW JFkSM Nr.231b68S � MOTAR y � ConimitMion &Phw A, ZO t 4 �P1j8L1t Notary Public JEP`S� CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I. Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the `Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Warren. NJ this day of 0(06) Kenn th C. WEnder Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: suretvrdchubb.corn Form 15-10- 022513- U (Ed. 5- 03) CONSENT Shannon Jones Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NIA, Mayor's Approval City Council Meeting Date Agenda Items Only Utilities Capital Projects Division Action Kequirea: Utilities Department Approval of Change Order 1 with Suncoast Infrastructure, Inc. for a deduction of $1,297.00, for the completion Elkins Outfall - CIPP Sanitary Sewer Rehabilitation, Bid 13-19. $ (1,297) Cost of this request 5400.5700.5815.00 Acoount Number 10010.1 Project Number Budgeted Item $ 20,000 Sewer Replace - Elkins Outfall Line Category 1 Project Budget Funds Used to Date Program Category I Project Name Water & Wastewater Program I Project Category Name $ 20,000 Water & Sewer Remaining Balance Fund Name Budget Adjustment Attached p41 Previous Ordinance or Resolution # 120-13 ate Original Contract Date: 614/2013 Original Contract Number: 2285 Date "` C,-A Q w- lG-zor3 Finance and Internal Services Director Date /v /o Chef of St Date a or Date Received in City 0-10-1 3 A 09 : Ti $ R C 4 0 Clerk's Office Received in EKTERE� Mayor's Office r<U Comments: .4ir Revised January 15, 2009 ZaeLrLev-11"le SAS� To Thru From: Date: Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens, Utilities Director Fayetteville Water and Sewer Committee Shannon Jones, Utilities Engineer4-," October 10, 2013 CONTRACT MEMO MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE, ARKANSAS Subject: Approval of. Change Order 1 with Suncoast Infrastructure, Inc. for a deduction of $1,297.00, for the completion of Elkins Outfall - CIPP Sanitary Sewer Rehabilitation, Bid 13-19. RECOMMENDATION Fayetteville City Staff recommends Approval of Change Order 1 with Suncoast Infrastructure, Inc. for a deduction of $1,297.00, for the completion of Elkins Outfall - CIPP Sanitary Sewer Rehabilitation, Bid 13-19, BACKGROUND The City of Fayetteville was awarded a State and Tribal Assistance Grant (STAG) in 2010 for $485,000. The grant funding is matched 55% federal to 45% local. The City's matching funds are $396,818. The purpose of the grant is help fund the rehabilitation of the sanitary sewer system in the area of and including the Elkins outfall sewer line. $355,698 of the grant money was used to upgrade the Fayetteville owned line that carries Elkins' wastewater flow in addition to Fayetteville flows from that area. The balance of the grant money is being used to rehabilitate gravity sewer lines within the sewer collection system that connects to the primary outfall gravity sewer line. DISCUSSION The contract with Suncoast Infrastructure, Inc. rehabilitated 5,790 feet of sewer line with CIPP. The work was completed on time and $1,297 below the original total bid price of $162,495. BUDGET IMPACT This change order is deductive, and therefore does not negatively impact the project budget. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Elkins Outfall-Suncoast-CCMemo-10-10-2013.doc SyWe Change Order No. I Page 1 of 2 CONTRACT CHANGE ORDER City Contract # 2285 Schedule City Resolution # 120-13 Date 9/30/2013 City Project No.: 10010.1 Project Name: Elkins Outfall - Cl PP Sanitary Sewer Rehabilitati Location: Fa etteville, Arkansas Owner: City of Fayetteville Contractor: Suncoast Infrastructure, Inc. Address: 113 West Mountain Address: PO Box 397 Fayetteville, AR 72701 Florence, MS 39073 HE FOLLOWING CHANGES ARE HEREBY AMENDED INTO THE CONTRACT PLANS AND SPECIFICATIONS: ITEM # DESCRIPTION DECREASE INCREASE I Reconcile contract quantities. See attached breakdown. -$1,297.00 TOTAL DECREASE AMOUNT -$1,297.00 $0.00 TOTAL INCREASE AMOUNT NET CHANGE ORDER -S1,297.00 ENGINEERS FINAL CHANGE TO CONTRACT AMOUNT: TOTAL AMOUNT ELIGIBLE AMOUNT Original Contract Amount $162,495.00 $162,495.00 Total Previous Change Order(s) 1Q.00 $0.00 Net Amount This Change Order - i 29 .00 - 1 297.00 TOTAL CONTRACT AMOUNT TO DATE $161 J 98.00 $161,198.00 CHANGE TO CONTRACT COMPLETION DATE: Original Completion Date Previous Adjusted Completion Date (Increase)(Peer,ease) This Change Order Calendar Days NEW CONTRACT COMPLETION DATE: RECOMMENDED: CITY OF FAYETTEVILLE En ' BY: /O Siolfature TA Date CCEPTED: SUNCOAST INFRASTRUCTURE, INC. Contractor (� f BY: Signature Title Date APPROVED: CITY OF FAYETTEVILLE +,_, caner �4 5' ature itle to Cost Breakdown for Change Order Item Description Contract Contract Adjusted Unit Estimated Actual Adjust Contract Unit Cost Quantity Quantity+/- Amount 1 6" CIPP liner LF $27.00 4,360 4333.00 -27.00 $ (729.00) 2 8" CIPP liner LF $26.00 1,430 1412.00 -18.00 $ (468.00) 3 Internal service EA $5.00 25 5.00 -20.00 $ (100.00) 4 Imobifization EA $7,470.00 1 I.00 0.00 $ - Total Change Order 1 1 -$1,297.00