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167-13 RESOLUTION
RESOLUTION NO. 167-13 A RESOLUTION AWARDING BID #13-38 AND APPROVING A CONTRACT WITH GENERAL CONSTRUCTION SOLUTIONS, INC. IN THE AMOUNT OF $108,982.00 FOR CONSTRUCTION OF SANITARY SEWER REPAIRS IN THE VICINITY OF THE CLIFFS APARTMENTS DUE TO SPRING 2011 FLOODING, APPROVING A $10,000.00 PROJECT CONTINGENCY, AND APPROVING A BUDGET ADJUSTMENT 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 #13-38 and approves a contract with General Construction Solutions, Inc. in the amount of $108,982.00 for construction of sanitary sewer repairs in the vicinity of The Cliffs apartments due to Spring 2011 flooding and further approves a $10,000.00 project contingency. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 6ch day of August, 2013 APPROVED: By. ATTEST: By. SONDRA E. SMITH, City Clerk/Treasurer �"%tiu111111/f"I FAYET-i EVILLF r . i City of Fayetteville, Arkansas v12.0724 Budget Adjustment Form Budget Year Division: Water & Sewer Maintenance Request Date Adjustment Number 2013 Department: Utilities Director 7/15/2013 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION A BA is needed in the FEMA Flood Damange project to cover the expenditures for the contract with General Construction Solutions for bores across the the entrance to the Cliffs apartments to repair sewer line damage cause by flooding in the spring of 2011. This contract is to install 266 feet of 12" ductile iron sewer pipe and two manholes across the Cliffs driveway. The existing pipe is an old 10" clay pipeline with a very poor alignment. This project installs a 12" pipe to allow for future growth, and significantly improves the alignment. Division Head ector Date tt Dir or �SJr Date `o,, rector Date Date aff Date Prepared By: Cheryl Partain Reference: Budget & Research Use Only Type: A B C �D E General Ledger Date djurgens I Posted to General Ledger _ Initial Date Checked / Verified Initial Date TOTAL BUDGET ADJUSTMENT - - Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue Number_ Contract services 5400.5700.5315.00 -D 118,982 11020 . 5400 Sewer improvements 5400.5700.5815.00 (118,982) 02017 . 1 %lcityldfsM)ivsIWSIP1Emergencies and Response Plan%April 2011 Storms and Flood\BA - EXHIBIT iiect #11020 FEMA - The Cliffs 1 of 1 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6-Aug-13 City Council Meeting Date Agenda Items Only _ David Jurgens Water and Sewer Utilities Submitted By Division Department $ 118,982 $ 452,410 FEMA 2011 Contracts Cost of this request Category / Project Budget Program Category 1 Project Name 5400-5700-5315.00 $ 37,541 2011 FEMA Account Number Funds Used to Date Program / Project Category Name 11020.5400 $ 414,870 Disaster/Replacement Project Number Budgeted Item Dep rt ant Dir'tor `X CXL&A O, y Finance and Internal Services Director Remaining Balance Budget Adjustment Attached Fund Name k—T,►q 13 Previous Ordinance or Resolution # Date �J Original Contract Date: '?^ ( Y~ 13-- Original Contract Number: Date Date Date Received in City, 1 Clerk's Office evWV--) QW, Received in Mayor's Office Za e eANSgS� To: Thru: From: Date; Fayetteville City Council Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens, Utilities Direcl Fayetteville Water and Sewer July 15, 2013 CITY COUNCIL AGENDA MEMO MEETING DATE OF AUGUST 6, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS Subject: Approval of construction contract with General Construction Solutions, Inc. for sewer construction to repair sewer line damage from flooding in the spring of 2011 RECOMMENDATION City Administration recommends approval of a construction contract with General Construction Solutions, Inc. for $108,982.00 for Construction of FEMA Project, Location 22 Sanitary Sewer, construction in the vicinity of the entrance to the Cliffs apartments to repair sewer line damage cause by flooding in the spring of 2011, Bid 13-38, approval of a $10,000 contingency, and approval of a budget adjustment. BACKGROUND In spring 2011, the City experienced a period of extensive rainfall and suffered severe flooding. The incident was declared a national disaster by the President. Since the declaration, the City has been working with FEMA to obtain partial reimbursement of the costs incurred to respond to the event and to perform permanent repairs to infrastructure damaged by the event. FEMA will reimburse the City 75% of eligible costs. The State of Arkansas will reimburse the City 12.5% of eligible costs. The City's portion is also 12.5%, plus any costs for improvements. The City's water and sewer systems experienced a wide variety of damage from the flooding, including some locations where the water or sewer lines completely washed out. Almost of these failures have been repaired using in-house crews. In order to meet the Federal Emergency Management Agency's (FEMA) requirements for reimbursement, eligible repairs must be completed within a certain timeframe. DISCUSSION This contract is to install 266 feet of 12" ductile iron sewer pipe and two manholes across the Cliffs driveway. The existing pipe is an old 10" clay pipeline with a very poor alignment. This project installs a 12" pipe to allow for future growth, and significantly improves the alignment. There are very challenging utilities and storm drainage conflicts in this area, and the excavation will be approximately 17 feet deep. These factors significantly increase the project difficulty. The City received three bids Jul 16'h. Bidder Bid General Construction Solutions, Inc. $ 108,982.00 Fochtman Enterprises, Inc. S 190,940.00 Goodwin & Goodwin, Inc. $ 189,473.00 Engineer's Estimate $ 120,000.00 General Construction Solutions meets the bid requirements; staff recommends awarding the contract. BUDGETIMPACT Much of these project costs will be reimbursed by FEMA and the Arkansas Department of Emergency Management (ADEM), Costs above the FEMA/ADEM reimbursement will be covered by project 02017, Sanitary Sewer Rehabilitation. Telecommunications Device for the Deaf TDD (479) 521-1316 1 13 West Mountain Fayetteville, AR 72701 Cliffs Swr Contract CC Memo Ju113 RESOLUTION NO. A RESOLUTION AWARDING BID #13-38 AND APPROVING A CONTRACT WITH GENERAL CONSTRUCTION SOLUTIONS, INC. IN THE AMOUNT OF $108,982.00 FOR CONSTRUCTION OF SANITARY SEWER REPAIRS IN THE VICINITY OF THE CLIFFS APARTMENTS DUE TO SPRING 2011 FLOODING, APPROVING A $10,000.00 PROJECT CONTINGENCY, AND APPROVING A BUDGET ADJUSTMENT 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 #13-38 and approves a contract with General Construction Solutions, Inc. in the amount of $108,982.00 for construction of sanitary sewer repairs in the vicinity of The Cliffs apartments due to Spring 2011 flooding and further approves a $10,000.00 project contingency. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this bth day of August, 2013. APPROVED: ATTEST: Lo LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Cliffs Sewer Line Replacement { II A I 7 � . I � •.I L r } r .. I�.) . �~r� i� it •l + %r ' , r Y J h ` L - LEGEND 0 5 30 60 90 New Sewer - Feet Existing Sewer• • NORTH SECTION 0500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND GENERAL CONSTRUCTION SOLUTIONS, INC. THIS AGREEMENT is dated as of the day of in the year 20_L$ . by and between the CITY OF FAYETTEVILLE and GENERAL CONSTRUCTION SOLUTIONS, INC. 1, GENERAL CONSTRUCTION SOLUTIONS, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: FEMA PROJECT — LOCATION 22 SANITARY SEWER 2. GENERAL CONSTRUCTION SOLUTIONS, INC. shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. GENERAL CONSTRUCTION SOLUTIONS, INC. shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO PROCEED and completed and ready for final payment within 60 calendar days. GENERAL CONSTRUCTION SOLUTIONS, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $500 for each calendar day thereafter that the WORK is not complete. 4. GENERAL CONSTRUCTION SOLUTIONS, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the BID PROPOSAL. 5. The term CONTRACT DOCUMENTS shall mean and include the following: 5.1 Invitation to Bid 5.2 Information for Bidders 5.3 Supplemental Information for Bidders 5.4 Bid Proposal 5.5 Bid Bond 5.6 Agreement Between City of Fayetteville and General Construction Solutions, Inc_ 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual 5.13 Addenda Numbers: NONE. 5.14 Change Orders 0500.doc 8.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and GENERAL CONSTRUCTION SOLUTIONS, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and two counterparts have been delivered to GENERAL CONSTRUCTION SOLUTIONS, INC. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and GENERAL CONSTRUCTION SOLUTIONS, INC. or identified by Engineer on their behalf. 1I1110_.7 VILLE :1 [��i�l���''1✓���AI� w 'TON ATTEST Address for giving notices: 113 W. Mountain Fayetteville, AR 72701 CONTRACTOR GENERAL CONSTRUCTION SOLUTIONS, INC. [CORPORATE SEAL] ATTEST 4 &--:� Address for giving notices: 19-51 Elgie4n - Aye rr•�sa{wI� 4k 7a?6y License No. O'D--19 SDI j y Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) asa0.doc SOS Online Filing System-wWicles of Incorporation Page 1 of 2 Oak The undersigned acting as incorporators of a corporation under the ARKANSAS BUSINESS CORPORATION ACT (ACT 958 OF 1987), adopt the following Articles of Incorporation of such Corporation: First: The name of the Corporation Is: GENERAL CONSTRUCTION SOLUTIONS, INC. Must contain the words "Corporation", Incorporated", "Company", "Limited", or the abbreviation "Corp.", "Inc.", "Co.," or "Ltd." or words or abbreviations of like import in another language. Second: The number of shares which the Corporation shall have the authority to Issue Is: 100 share(s). The par value of each share is I The designation of each class, the number of shares of each class, or a statement that the shares of any class are without par value are as follows: No. of Class series Par Value Per Share Or Statement Shares (if any) That Shares Are Without Par Value 100 A $1.00 Third: The street address of the Initial registered office of this Corporation shall be located at: Street Address 1695 ELECTRIC AVE. City: SPRINGDALE State: AR ZIP: 72764- and the name of the initial registered agent of this Corporation at that address is: WES TAYLOR Fourth: The name and address of each Incorporator is as follows: Name i WES TAYLOR Address 1 1695 ELECTRIC AVE., SPRINGDALE, AR 72764 Name 2 DAVID FISHER Address 2 PO BOX 570 BENTONVILLE, AR 72712 Name 3 Address 3 Fifth: The nature of the business of the Corporation and the object file:/1C:1Doctunents and Settingsldhorton\Local Settings\Temporary Internet Files10LK921d... 2/4/2010 SOS Online Filing System -�kticles of Incorporation AM% Page 2 of 2 or purposes proposed to be transacted, promoted or carried on by it, are as follows: (a) The primary purpose of the Corporation shall be: CONSTRUCTION. (b) To conduct any business enterprise not contrary to law. (c) To exercise all of the powers enumerated In Section 4-27-302 of the Arkansas Business Corporation Act. Sixth: Executed this 251h day of January, 2010 Signature: DAVID FISHER Title: INCORPORATOR (Pros., other officer, Chairman of the Board or by Incorporator pending elections of corporate officers) file:YCADocuments and Settingsldhorton\Local Settings\Temporary Internet Files\OLK921d.., 2/4/2010 V) Q} U) N N O w U 0 U N IL w t C 0 U L.. U) 0 U 000000gooa0000vo op0000000 0000ao v 0000000,00000o0oom oo'oNwoaoaa0ooacor� � p p O' O CD M 0 0 0 0 O � Cl O g O• q � NNr-N ti vM OtiN N c N0 M,r o0 3 a 0 0 C9 ra to 696H 69 69 69 69 69 69 69 49 69 EA 64 69 64 c ' OOaoaoo$o 0 0 0 o 0 0 0 O coo O O- O agO 0 0 0 a 000tn.0000000.000vQ ° d , O aO as (j Crt!) 0 0 0 T N to(�OQ 0lC) Nn- OOG? 0 W. to M '-• r N O a CNt 65 to 0 69 69 to 0 ca 0 t9 69. 69 V> FFi b9 oovMto00N00(p a coo 07 u 000 0(DPo(DN Mto00(o O 00 thtov V to IhD) I-4N (+7 N NN N y' 0 a "' r to 0. r1] r O r o0 o0 00 c N tq "3 C) tD T ^LC) ') r O N v (0 (D �r O (n 3 F 470rLOCA CIA Cl) rMN rr(y O It O y r r 69 64 U9. eA e9 69 tq $R tFi o, o. 69 t-,l 69 U), I G& OOv OaM oDO O oU(lcD V'(o0o v(D cc, r•tn(o oM 000 0000 0 o�oU-) (Di-- (DI- Mv d•Cpr NCV J G7 `c Oidt1 m04500 tf7M OMO r0D Q H a NIU)� NNW Ttry �•rCO (DI •� liL 61 r N r r r T 0 m 7 W. 64 69 69 69 69 69 69 64 to 0 64 69 0 V-1 O O O O O O O O O p 0 0 p 0 0 O op000poa0000goav O O o 0 0 0 o 0 O O o 0 0 0 0 c_ O oOON0o00d o 0 0000 0 too 0 0 N00000 0 0 0 0 v 17 w m m H LO. t(]O(V r(O � Lri"t t.-O0 Q0to O N r r r 0 r N � T 64 69 0 to w 61) tq to 69 uh 69 69 64 69 VJL 69 m 00000000 O 000 0 0 o c m 0 0 0 0 0 a 0 0 0 O d d g 0 0 = Op00000Cio 0 0 0 0 0 a 0 0 0 000 0 0 0 O00 O O N - Q LLi n.OQONMvt[)va(DNt0 q 0 I- LL 69 69 64 W 69 I.S. 69 eA M 64 69. 69 69 69 60 LL W LL W W UiJJ jJ lcopp 7 �J N(14 rr• CD N N + M1! C_ .m w c � m m W (n C C J N •c v c om � 3 °� m o ri E cl; W tq U U p d y W L m W E COD of E m 3 a c m ti c ro v E w L c x o ° c w >• m y m W o •C o L ¢. 7M c u N 22 W `� o rn n m c c m E a ID Q,,, c ro ro c m N w @ y:. d N Lwr xN} uj w Co m Jp CCro Oc U O m% YLI m yLm a ma uN� otFV C °6 Vc S E E U O C — c '� y O❑❑❑ G U c� w v°i m pCp 0 C W O U LL Q Q E- Q G E q r (N M y tf) !+ w SECTION 0310 BID PROPOSAL LOCATION: CITY OF FAYETTEVILLE, ROOM 306 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 DATE: July 16, 2013 at 10:00 a.m. LOCAL TIME Proposal of: � � 0-ng m 1 %o r%zv , �4n,, Address: 6°t S t F—14.P—;-Tj c- Bid For: CONSTRUCTION OF FEMA PROJECT — LOCATION 22 SANITARY SEWER Bid Submitted to: The City of Fayetteville Andrea Foren, Purchasing Agent — Room 306 113 W. Mountain Fayetteville, AR 72701 BIDDER will complete the Work for the unit prices as listed in the Bid Form. Total Base Bid as outlined on Bid Form: Amount in Words J I4 Figures 6y,,Are ti e,� Wy -*4D ¢'�Oa GW I f ars The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with CITY OF FAYETTEVILLE in the form included in these Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in these Contract Documents. BIDDER accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract Time specified. 0310.doe BIDDER accepts all of the terms and conditions of the Information for Bidders, including without limitation those dealing with the disposition of BID SECURITY. This Bid will remain open for sixty (60) days after the day of Bid Opening. BIDDER will sign the Agreement required by these Contract Documents within ten (10) days after the date of CITY OF FAYETTEVILLE'S Notice of Award. In submission of this BID, BIDDER represents, as more fully set forth in the Agreement, that BIDDER HAS EXAAM'i :D ALL CONTRACT DOCUMENTS (including but not limited to Invitation to Bid, Information for Bidders, and Supplemental Information for Bidders) and the following ADDENDA:10, Failure to list all necessary Agenda issued by the CITY OF FAYETTEVE LLE or the ENGINEER could mean the BID submitted by the BIDDER may be deemed unresponsive and not read publicly. In submission of the BID, BIDDER represents, that they have examined the site and locality where the Work is to be performed, the legal requirements (Federal, State and Local Laws, Ordinances, Rules and Regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. In submission of the BID, BIDDER represents, that this BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. The BIDDER represents that they have not directly or indirectly induced or solicited any other BIDDER to submit a false or sham BID. The BIDDER represents that they have not solicited or induced any person, firm or corporation to refrain from bidding and have not sought by collusion to obtain for themselves any advantage over any other BIDDER or over the CITY OF FAYETTEVILLE. All terms used in the BID are defined and have the meanings assigned to them in the General Conditions of these Contract Documents. Attached to this BID FORM is the required Bid Security in the form of a Corporate Bid Bond or Cashier's Check in the amount of five (5) percent of the Total Bid Amount. Start of Construction, Contract Completion Time, and Liquidated Damages are stated in Document 0500 - Contract. 0310.doc TAXES The BIDDER agrees that all federal, state, and local sales and use taxes are included in the stated bid prices for the work. r Signature L� Title Erin:!ii rdC-r✓4- INSURANCE AND BONDING REQUIREMENTS The BIDDER hereby acknowledges that he/she has read and understands the performance bond, payment bond, and insurance requirements for this project as specified in the General Conditions. If awarded a construction contract, the BIDDER agrees to furnish the required bonds and insurance certificates within fifteen (15) days of the date the award is made. Signature 1, i✓ 4 4 dt, -- MEASUREMENT AND PAYMENT Title.- rt- - I - The Bidder hereby acknowledges that he/she has read and understands Section 0900 - Measurement and Payment completely prior to completing this Bid Form. Signature f 9!� Title rre s -'Je,0— The BIDDER agrees to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract Documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The BIDDER agrees that the unit prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in the Contract Documents. 03IO.doc 3 BIDDER submitting this BID is: aA Corporation, incorporated in the State of A Partnership, consisting of the following partners, whose full names are: ❑ An Individual whose full name is: G.en4.r'a.[ 67nar'�O... General Contractor (Firm Name} 40 � ffe 4 Signed y — L-s' a-*,.. �- Title Itulapt3 Date l4Si JGkcjrtc: Aeja. Address S'Pr' rv9s�� Ave- 2�W4 ��179 75r-8�6� - CYO asp- 7bso Telephone Number & Fax ��.iyssn y� Contractor's License Number 0310.doc SECTION 0310 - BID PROPOSAL Item No. Item Description 1 Mobilization �FiVe fti��uSand .fw�►1nuXldr�� dooms 2 Trench & Safety Systems ni+lQtttVj ttA0QS0Md �Vt 11046dollars 3 Erosion Control AAvprox. Unit Price In Oty.. Unit Figure 1 LS 1 LS 1 LS OU -ft+-ISGu d �OV( hu�dYe StV�ht�al'Y'3a-��c�o 4 12" SDR-26 PVC Sewer Pipe 61 LF Total $ 5 d-oo- ° ° $ 5 . aou. $Iq,5001°= $ 10I1r5(A)IQG lk� $ 14-7 S. 34 nilnK01100 dollars $ D.� $ �J,� 15 -7a 5 18" DIP Sewer Pipe, Protecto 401 Lined 206 LF iWU V1"rl6 r?d StV&) 011%100 dollars 6 30" Diameter Steel Encasement, Direct Bury 42 LF fuf� hund.+red silcku - SiX 54��0� donars 48" Diameter Manhole 2 EA fvu5 tilosand six huacwi,4 gl jk- - Se aon UL'Pit0 0 $ ao-1. oLke. $ 4a,1.Q54.5k $ cLULe. 5�4— $ I t , 1-14. Oa $ a la$1.+�i0 53`7 3a 8 48" Diameter Manhole, Extra Depth 14 VF on-e huh�Y�d 1 ki.i l�l� 2 4U� l OO dollars $ 1 $ 0310.doc 5 SECTION 0310 - BID PROPOSAL Item Auurox. Unit Price In No. Item Description QtL.. Unit Figures Total 9 Connect to Existing Manhole and Plug Existing Line 2 EA o0 tKaXSOAd f1W huylG[Wd tki'-�-a na� Wof [ao $ 1534, 10 Concrete Pavement / Sidewalk 12 SY ()ne h>r njfgj Four dof i0,rS dollars 11 Fence Repair / Replacement 25 LF onw hmctred ��►-t�-S'�x /r�� dollam $ 150. sv s 3, 4( a 50 12 Abandon Existing Manhole 2 EA one- tVko;AsC IA thy-4 KUnUea one dollars 10 /r° 1 3� k . L°3 U 0 13 Plug and Remove Existing Sewer Line Stream Crossing 1 LS on,e -01W ✓ln VW hundy,'d -KgOv i dollars $ { �, 111 I 14 Topsoil / Sod / Landscape Replacement I LS one-Wousct.11d fur Kmdned e1 +� tdoll. $ I �i �a�.°a 00 $ 4ga. 15 Acceptance Inspection by CCTV 267 LF $$Merl dollars gb/lo0 $ T Total Bid 0310.doe 6 SECTION 0312 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, General Construction Solutions, Inc. as Principal, and U.S Specialty Insurance Company as Surety, are hereby held and firmly bound unto the City of Fayetteville in the penal sum of Twelve Thousand Five Hundred and no/100ths Dollars 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 BID 13-38. Constru lion FEMA Project, Location 22 Sanitary Sewer in Fayetteville, AR 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 famishing 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. 0312.doc 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 above. Signed, this 12th day of ]uly 32013 General Construction Solutions, Inc. (Principal) U.S Specialty Insurance Company (Surety) By:��(� Lynn Mac lorney-In-Fact END OF SECTION 0312 0312.doc --POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY �NOWAA-L-L MIN BY THESE PRESENTS: That American Contractors -IndCMnity_Cornp4`_ py' , aCalifornia corporation, Texas ' NIM. PwRanyi__ C 'aMAryland. C_ — —an assumed name of American Contractors IndemnLry nUnit -ed ales Surety Company, e- -U.S. Specialty Insuiance Company, a Texas corporation ( 0 iy hd_7�S-.0 affi&% do by these presents make corpo ration and IIM 00Affitute and appoint: Jean Paulus or Lynn Macci of Glendale, Arizona its true- aiiii-lawfijI Attortley(s)-in-fact, cach�in tKUr-separate capacity if more than one is named above, with full powci= and aut -llcrebyconferred : in its name, place and stead, to. ex4qkufp, acknowledge and -deliver any and all bonds, recognizakojj,.,uOeffakU_ --6r Sthft-ifistrtintents or contracts of-su I- include riders, amendments, and.conscnts of surety, providing the bond #tys Cig,16- in c .penalty does not exceed *****Three Million***** Dollars ($_j*�'000,000�-00** This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be if Reqqlu c 5 fhalt:i!h President, any Vice -President, any Assistant Vice -President, any secretary or any A*$.(Anc Setrptary shall be and is hereby vested with -full tabl� persons as Altornfy(s)-in-Fact to repro$ent-and act ;wer and �96t O� up for aftd-onwbehalf of the Company subiat jitj"fii i int any one or more suitable Po —A nay U given full power,arid authority for and in the name of and on behahf iil the C4jfipaiy7,T4 execute, acknowledge and deliver-, ain'y'pinid all bonds; recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the retcase of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary, -Be it Resatued, that t6c,signature of any authorized officer and seal of the Company homoforc or hereafter affixed to any puwcr of attorney or antecrlificate-rerajlng facsimile signature or facsimile seal shall be valid and binding upon the GO pAqy-) M _r spe�uto �a'&and- ilv- orijii&king.tq which it is attached IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of October, 2011. AmEm CAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY ]INSURANCE COMPANY ly 4, 00D Gi <'N By: t-IL WF IM Daniel P. Aguilar , Vice P=rcsi ent State of California oun of Los_ Angeles SS: d Off.this-Y'-day-of October, 2011, MaAtbes�a notary public, personally appear.0 Daniel P. AguilV� Eresidentof,_---. American Contractors Indemnity Co - m . . hy, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the perSon(5),,qr the--gritity upon behalf of which the person(s), acted, executed the instrument. reify-underl cc laws tlfejqreging paragraph 'is trite and corr&ck. PENALTY OF PERJURY under the IA � of the State of cwito 11.6i V. WIT,7N ESS-iny hand and official seal. IMSORW KESt -- Signature faz .4L tev*S-t (Seal) WA" KMWtsft - OWN0 knAnC*" - 2015 caniiiie- Lee,As7sistant Secretary 02h Gan 1T s Indemnity Compaliy Texas Bonding Company, Une RM-a-tegsuMet-yr 'Q6nmariyanda US. Specialty InsuraM eme ia1 -+ &E&certify that theabove and foregoing is 6 true and corm copy o-MwPower - -of Attorney, executed by said Companies;which is S-till-in full force and effect; furthermore, the resolutions of the Boards of Directors, - set out in the Power of Attorney are in ful I force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 12th day July 2013, corporate Seals t 4 Bid Bond tni s Lee, Bond No, Jeannie Vsistant Secretary 431 4F Agency No. 9050 !'o SECTION 0311 BIDDER'S STATEMENT OF SUBCONTRACTORS The undersigned BIDDER proposes and agrees, if this BID is accepted, to use the following proposed subcontractors on this Work: NAME 1. D4AAo► Corm N 3. 4 6. BUSINESS ADDRESS WORK TO BE PERFORMED The undersigned BIDDER agrees that seventy percent (70%) of the Work will be required to be performed with his own forces unless a variance is requested and granted from the CITY OF FAYETTEVILLE. Date: Signed:, G' 7r 0311.doc (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 0311 0311.doc SECTION 0420 STATEMENT OF BIDDER'S QUALIFICATIONS All requests must be addressed in writing and the data given must be clear and comprehensive. This statement must be notarized, If necessary, questions may be answered on separate attached sheets. The BIDDER may submit any additional information he/she desires. A. REQUESTS REGARDING BIDDER 1. Name of Bidder. (2Wne e.l Ca,.s Kati, Sal"Kxmq,, .4'.�. 2. Permanent main office address. iq's t icg t��#e , StIn c,.,gct-6, AL '7i764, 3. When organized. a Q k o 4. If a corporation, where incorporated. AP% 5. How many years have you been engaged in the contracting business under your present firm or trade name? ,3y",s b. Have you ever failed to complete any work awarded to you. (If so, where and why?) nl o 7. Have you ever defaulted on a contract ? (If so, where and why?) /V�o 8. List the last five (5) projects of the similar size and magnitude of this Project which were completed by your company, stating the cost for each and the month and year completed. Include the entity for which the work was performed with names, titles and phone numbers. SQe. 9. Give bonding agent and limit. 10. If subcontractor is to be used for this contract, state the percentage of work anticipated to be completed by subcontractor. If subcontractor is to perform work, a separate Statement of Bidder's Qualifications regarding subcontractor and the method used by the subcontractor. Refer to Section 0100 & Section 0311. 5 70 Submit this Statement of Bidders Qualifications to the Engineer. Qualifications shall be submitted in a separate sealed envelope at the date and time listed on the Bid Proposal. �tnefd/ CC"4%4t (Name of Bidder) By: •�� 4AMONAHORTQN ytits :�.= MY OOMMISSION # 12374995 3 %i 5/� a Zo =• j^°"'" t•' EXPIRES: March 15, "'o ri►'+G'.r,-,..+�+-- E 1�/�K d wash;nglon Coup 0420.doc General Solutloos Group General Construction Solutions, Inc. References: Swanson's Welding & Fabrication 1951 Electric Avenue Springdale, AR 72764 Phone (479) 751-SS68 Fax (479) 751-7650 1921 Ford Ave. Springdale, Arkansas 72764 Robert Swanson, President, Cell#: 479-422-0474, Email: robert swansonsweldin .com Hayzen Guynn, Tyson Foods Cell#: 479-856-1733, Email: HMen.guynn(@tvson.com Brad Walker, Tyson Foods Cell#: 479-422-1306, Email: brad.walker son.com Job # 1028 thru 1056 Tyson Mexican Org. Grading & Concrete 8/2012 $368,105.00 Commerce Construction Company, Inc. 695 North 40`h Street Springdale, AR 72762 Steve Marshall, Project Manager, Cell#: 479-871-6928, Email: steve(c-r�,ccinwa.com Job 1047 Parkhill Clinic at Premier, Site work & parking lot 11/2012 $125,230.00 City of High -fill 15036 W. Highway 12 Highfill, Arkansas 72734 James Wiand, Manager, Phone#: 479-736-5711, Email: butch(a),highfillar.com Job #1068 Smith Street Sewer, 221 L.F. of PVC Sewer Mains — 4/2013 $32,914.00 Springdale Schools PO Box 8 Springdale, AR 72765 Jim Reed - Phone#: 479-871-2867 Email: ireed(&sdale_org Job# 1072 Springdale Schools Warehouse Freezer Pad — 5/2013 $50,262.12 Rabb's Construction Co., Inc. 224 South Main Street Monticello, AR 71655 Ward Rabb, President, Phone#: 870-367-6905, Email: ward(i4Labbsconstruction.com Job #1065 Atwoods — Lowell Site Utilities, Grading & Concrete 6/2013 $873,337.07 11nerul soiutlam ISo>P 1951 Electric Avenue Springdale, AR 72764 Phone (479) 75143868 Fax (479) 751-7650 General Construction Solutions, Inc. References: Bella Vista Townhouse Association PO Box 5301 Bella Vista, AR 72714 David Whittlesey (479) 855-9328 Job 1020 Nantucket Retaining Wall 3/2012 $34,179.96 Job 1024 Nantucket 2 — Drainage 3/2012 $9,257.59 City of Rogers 301 Chestnut Street Rogers, AR 72756 Steve Glass, Director of Transportation (479) 644-9452 Job 1023 Blossom Way Trail 6/2012 $98,025.00 Springdale Water & Sewer Division PO Box 769 Springdale, AR 72765 Rick Pulvirenti, Engineer (479) 601-4012 Leonard Gabbard, Engineer (479) 409-9259 Job 1022 Hwy 265 Water Line Relocation 6/2012 $95,604.85 Arkansas Department of Parks & Tourism .1 Capital Mall__ Little Rock, AR Alfredo Ordonez, Engineer (501) 537-9875 alfredo.ordonez _,arkansas.goy Marshall Ray, Inspector (501) 690-3936 Job 1026 Withrow Springs State Park — Flood Damage Repairs 6/2012 $111,984.04 r�wrul SObstlami "wow 1951 Electric Avenue Springdale, AR 72764 Phone (479) 75143868 Fax (479) 751-7650 General Construction Solutions, Inc. References: Farmington Board of Education 42 S. Double Springs Rd. Farmington, AR 72730 Bryan Law, Assistant Principle, Cell#: 479-387-7416, Email: blaw@farmcards.org Reggie Higgs, Director of Maintenance Cell#; 479-790-6917 Job 1010 Sidewalks and Sign Improvements 8/2011 $44,081.00 Job 1011 Courtyard 10/2011 $14,100, 00 Job 1012 Sidewalks 10/2011 $15,900.00 City of Springdale-Arvest Ballpark NWA Naturals P.O. Box 6817 Springdale, AR 72766 George Sisson, NWA Naturals Director of Stadium Operations Cell: 7,16-450-9569 Email: georj�cknwanaturals.com Job 1002 Wiffle Ball Field 3/2011 $11,832.50 Job 1003 Concrete Slab 3/2011 $17,980.00 Job 1015 Catch Base 12/2011 $550.00 Job 1018 Main Concourse 2/12 $19,950.00 City of Elm Springs 289 Jayroe Ave Elm Springs, AR 72728 -Jack Coleman, -Director of Transportation, Celli 479-684-8155 Mayor Ben Wall, Office: 479-248-7323 Job 1007 Drainage Improvements 6/2011 $4,862.00 Oelke Construction Company 15931 Serenity Pt. Lane Rogers, AR 72756 Tim Oelke, Owner Cell#: 479-616-2440 Email: tim(20elkeeonstruction.org Job 1014 Wal-Mart 11/2011 $18,290.00 SECTION 0600 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND hereinafter called Principal, and Principal, Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville in the amount of Dollars {$ ) for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, and successors, and assigns, jointly and severally, and firmly by these presents. Principal has by written agreement dated entered into a contract with City of Fayetteville for FEMA PROJECT — LOCATION 22 SANITARY SEWER which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the City of Fayetteville from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the City of Fayetteville all outlay and expense which the City of Fayetteville may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall -have-a-direct right ofactionagainst-the-.Principal--and Surety -jointly and severally -under --this obligation, subject to the City of Fayetteville's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 0600.doc No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the City of Fayetteville after six months from the date final payment is made on the Contract, not shall any suit, action or proceeding be brought by the City of Fayetteville after two years from the date on which the final payment under the Contract falls due. Any Alterations which may be made in the terms of the contract or in the work to be done under it, or the giving by the City of Fayetteville of any extension of time for the performance of the Contract, or any other forbearance on the part either of the City of Fayetteville or Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety of Sureties of any such alteration, extension, or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set herein. Executed on the day of LM (Seal) Principal Witness: Attest: eal) Surety This Bond is given in Compliance with Act 351 of 1953, as amended. END OF SECTION 0600 0600.6oc 2 SECTION 0640 WARRANTY BOND as principal ("Principal"), and as surety ("Surety"), are hereby jointly and severally held and firmly bound unto the City of Fayettevillefor the payment of Dollars subject to the terms and conditions provided herein. WHEREAS, Principal executed and entered into that certain Agreement with City of Fayetteville for FEMA PROJECT — LOCATION 22 SANITARY SEWER dated , 20 (the "Contract), the provisions of which are incorporated herein by reference, and unless otherwise defined herein all defined terms used or referred to herein shall have the meaning ascribed thereto in the Contract. In addition to other obligations and liabilities, the Contract required Principal to perform the Work for the Project and to furnish this Bond to City of Fayetteville in compliance with Article 22 of the General Conditions. NOW THEREFORE, the obligations of Principal and Surety herein shall remain in full force and effect as provided herein, subject to becoming null and void upon the occurrence of either or both of the conditions that (a) Principal shall fully perform and satisfy all obligations and liabilities of Principal under the warranty and guarantee provisions of Article 29 of the General Conditions, as modified or supplemented by the Supplementary Conditions or any other applicable Contract-Documents,--at-any time -within "two years after the bate of Final -Acceptance " or such longer period of time as may be prescribed therein(the "Warranty Period"), all of which includes without limitation either correcting the defective Work, or removing and replacing it with nondefective Work, or paying all direct, indirect or consequential costs of such correction or removal and replacement, all as provided therein, or (b) City of Fayetteville shall fail to institute a lawsuit, action or other proceeding under this Bond before the expiration of three (3) months following the end of the Warranty Period. 0640.doc FURTHER PROVIDED, that (a) any changes, modifications, amendments, alterations or supplementations in or to the Contract, and Contract Documents or the Work, or the giving by City of Fayetteville of any extension of time for the performance of the Contract, or any other forbearance on the part of either City of Fayetteville or Principal to the other, shall not in any way release the Principal or Surety, or either of them, from their liability hereunder, notice to the Surety of any of the foregoing being hereby waived, (b) in no event shall the aggregate liability of Surety exceed the amount set out herein, and (c) the rights and obligations hereof shall be binding upon and shall inure to the benefit of Principal, Surety, City of Fayetteville and their respective heirs, legal representatives, partners, privies, successors and assigns, provided that nothing herein shall authorize the assignment of any such rights and obligations. Date of project final completion is . The bond shall be SO% of the final project value and shall effective for a period of two years. Executed on the L:7/ day of 20 (Seal) Witness: Attest: Surety END OF SECTION 0640 0640.doc 2 SECTION 0660 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-C--lean Ili-r-Aet-and-Section-508.of-the Clean -Water-Act,-I certify that--l-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; 0660Aoc (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 NANIE: C5-z.ar.or'_l SIGNATURE: DATE: '7 d t t, t zot PRINTED NAME: .TL.�� T 0660.doc TITLE: 34s s END OF SECTION 0660 SECTION 0420 STATEMENT OF BIDDER'S QUALIFICATIONS All requests must be addressed in writing and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The BIDDER may submit any additional information he/she desires. A. REQUESTS REGARDING BIDDER 1. Name of Bidder. Vine.,—t C Dnf 4n..��+bn] �o�s �W+on��, .A,. 2. Permanent main office address. iqx I, Eaa 't, &.4 `T�764 3. When organized. oLo to 4. If a corporation, where incorporated. AA, 5. How many years have you been engaged in the contracting business under your present fret or trade name? ,3Ye--,s b. Have you ever failed to complete any work awarded to you. (If so, where and why?) n10 7. Have you ever defaulted on a contract ? (If so, where and why?) do 8. List the last five (5) projects of the similar size and magnitude of this Project which were completed by your company, stating the cost for each and the month and year completed. Include the entity for which the work was performed with names, titles and phone numbers. SQ e- /�-�{cxrJhf� 9. Give bonding agent and limit. �' .", -P ,," — -'V S. 10. If subcontractor is to be used for this contract, state the percentage of work anticipated to be completed by subcontractor. If subcontractor is to perform work, a separate Statement of Bidder's Qualifications regarding subcontractor and the method used by the subcontractor. Refer to Section 0100 & Section 0311. 5 7a Submit this Statement of Bidders Qualifications to the Engineer. Qualifications shall be submitted in a separate sealed envelope at the date and time listed on the Bid Proposal. (Name of Bidder) By:!✓yi Gr�v Title: �itas.ar� �� rw A.L 14- 1�� DAMONA HORTON `� Cfira+in.��-- rt •'C/�y � �l Sl2ozv .. 5; MY OOMMIsSiON 0123749% EXPIRES: ashington County 0420.doc l' " (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 0420 0420.doc PROJECT MANUAL FEMA PROJECT LOCATION 22 SANITARY SEWER I 0"'Fav1revlle ARKANSAS FAYETTEVILLE, ARKANSAS EGIS CITY PROJECT NUMBER 11020 No. 1 105,3 0 v0N W iq . Z",. ;'F 1p713 DUNE, 2013 0001.doe 1 TABLE OF CONTENTS SECTION TITLE NO. OF PAGES 0001 Title Pages 2 0010 Table of Contents 2 0020 Invitation to Bid 2 0100 Information For Bidders 8 0212 Supplemental Information for Bidders 2 0310 Bid Proposal 6 0311 Bidder's Statement of Subcontractors 2 0312 Bid Bond 2 0420 Statement of Bidder's Qualifications 2 0500 Agreement Between City of Fayetteville and Contractor 4 0600 Arkansas Statutory Performance and Payment Bond 2 0640 Warranty Bond 2 0700 General Conditions 26 0830 Prevailing Wage Rates 6 0840 Notice of Award 2 0845 Notice to Proceed 2 0900 Description of Unit Price Schedule Items 10 Attachment A City of Fayetteville Standard Specifications for Design and Construction of Water Lines and Sewer Lines 222 0010-doc 1 (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 0010 0010.aoc 2 SECTION 0020 CITY OF FAYETTEVILLE, AR INVITATION TO BID BID 13-38, CONSTRUCTION OF FEMA PROJECT - LOCATION 22 SANITARY SEWER The City of Fayetteville is accepting bids for the installation of approximately 300 feet of 12- inch and 18-inch sanitary sewer pipe along with stream bank stabilization. Any questions concerning the bidding process should be addressed to Andrea Foren, City of Fayetteville Purchasing Agent, at aforennci.fayetteville.ar.us or by calling (479) 575-8220. Bids shall be submitted in a sealed envelope or package labeled `Bid 13-38, CONSTRUCTION OF FEMA PROJECT -- LOCATION 22 SANITARY SEWER." All bids shall be received before 10:00 AM, local time on Tuesday, July 16, 2013 to the City of Fayetteville, Purchasing Division — Room 306, 113 W Mountain, Fayetteville, Arkansas 72701. A non -mandatory pre -bid meeting will be held on Tuesday, July 9, 2013 at 10:00 AM, local time at Fayetteville City Hall, 113 W. Mountain, Fayetteville, AR, room 326. Bidding documents and plans must be obtained from by contacting the City Purchasing Division. Documents are available via e-mail. Plans can also be reviewed at the Fayetteville Purchasing Division, as listed below. City of Fayetteville, Arkansas Purchasing Division — Attention. Andrea Foren 113 W. Mountain, Suite 306 Fayetteville, AR 72701 Phone: 479.575.8220 E-Mail: aforen@ci.fayetteville.ar.us All bidders need to register as a plan holder with Andrea Foren via e-mail or phone. Failure to register as a plan holder can result in bid rejection. For information concerning the proposed work, contact Shannon Jones, P. E. at shionesOgci.fayetteville.ar.us or by calling (479) 444-3452. Each bid shall be accompanied by a cashier's check or corporate bid bond, in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond, file marked by the Washington County Circuit Clerk's Office, is required with a contract awarded amount of $20,000.00 or more. A State of Arkansas Contractor's License is required for any bid exceeding $20,000.00. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all quaked 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 0020.doc subcontract portions of their contract to qualijied small, minority and women business enterprises." This project is subject to federal Davis -Bacon Act prevailing wage rates. Copies of certified payrolls shall be submitted with each pay request. 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 sixty days from the bid opening date. CITY OF FA=EVILLE, ARKANSAS By: Andrea Foren, CPPO, CPPB City of Fayetteville, Purchasing Agent Ad Dates: 6/26/2013 and 7/3/2013 END OF SECTION 0020 0020.doc 2 SECTION 0100 INFORMATION FOR BIDDERS 1. DEFINED TERMS 1.1 Terms used in these Information for Bidders which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to City of Fayetteville, as distinct from Sub -Bidder, who submits a Bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom City of Fayetteville (on the basis of City of Fayetteville's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" included the Advertisement or Invitation to Bid, Information for Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained fiom the Engineer. Deposit for Bidding Documents are non refundable. 2.2 Complete sets of Bidding Documents shall be used in preparing Bids; the City of Fayetteville does not assume any responsibility for errors or misinterpretations resulting from the use of the incomplete sets of Bidding Documents. 2.3 The City of Fayetteville in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS 3.1 Each Bid must contain evidence of Bidder's qualifications to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. 3.2 Qualifications shall be submitted in a separate sealed envelope at the date and time listed on the Bid Proposal. Refer to Section 00420 — Statement of Bidder's Qualifications. 4. EXANIINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) 0100.doc consider Federal, State and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2 In the preparation of Contract Documents, the Engineer has relied on the report of soil and subsurface investigation listed in the Supplemental Information For Bidders. A copy of this report is appended (If Provided). The report is not a part of the Contract Documents and is provided for informational purposes only. Neither the City of Fayetteville nor the engineer guarantees the accuracy of the report. The Bidder shall make further investigations and tests as the Bidder deems necessary in order to provide the Work at the Contract Price, within Contract Time, and in accordance with the terns and conditions of the Contract Documents. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the City of Fayetteville by owners of such Underground Facilities or others, and City of Fayetteville does not assume responsibility for the accuracy or completeness thereof, unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to the prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraph 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will be responsible to make or obtain such explorations, tests and data concerning physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, City of Fayetteville will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. A representative of the City of Fayetteville shall be present during all tests. — — --- 4.7 The lands upon which the Work is to be performed, rights of way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by City of Fayetteville. 0100. doe 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed in writing to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten (10) days prior to the data for opening of Bids may not be answered. Only questions answered by fornial, written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Prior to the deadline for receiving Bids, Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to City of Fayetteville in an amount of five (5) percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed), issued by a surety. 6.2 The Bid security of the Successful Bidder will be retained until Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within ten (10) days after the Notice of Award, City of Fayetteville may annul the Notice of Award, and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom City of Fayetteville believes to have a reasonable chance of receiving the award may be retained by City of Fayetteville until the earlier of the seventh (7th) day after the Effective Date of the Agreement or the sixty-first (61st) day after the Bid opening, whereupon Bid security fiirnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven (7) days after the Bid opening. 7. CONTRACT TIME -- .1 The numker-ofdays -within-which-the-Work-is-to-be-substantiafly-compi-eted-nd-also completed and ready for final payment (the Contract Time) are set forth in the Agreement and these Contract Documents. 0100.doc 8. LIQUIDATED DAMAGES 8.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR EQUAL" ITEMS 9.1 The Bid shall be based on the specified products or their approved equal described on the Drawings or written in the Specifications. Any product may be used which is specified by the referenced standards (such as ASTM) and which meets those standards. For products which are specified by naming one or more manufacturers preceded by "equal to" or followed by "or equal," a written request for substitution shall be submitted for approval by the Engineer. Such written requests will be considered up to ten (10) days prior to the scheduled Bid opening. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 Subcontractors and suppliers shall be listed, if required, on the Bid Form. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer. 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Unit prices and lu;np sum amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern and the unit price will govern over the extended amount. 11.4 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistance secretary. The corporate address and state of incorporation must be shown below the signature. 11.5 Bids by partnerships must be executed in the partnership name and signed by a partner, whose -title must appear under the signature -and -the official address of -the - partnership must be shown below the signature. 11.6 All names must be typed or printed below the signature. 11.7 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.8 The address, telephone number, and fax number if applicable for communications regarding the Bid must be shown. alao.doc 12.1 Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid. Bids shall be bound in the original project manual and shall be enclosed in an opaque sealed envelope, marked with the Project Title (and, if applicable, the designated position of the Project for which the Bid is submitted) and name, address, and contractor's license number of the Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BiD ENCLOSED" on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly - signed, written notice with the City of Fayetteville and promptly thereafter demonstrates to the reasonable satisfaction of City of Fayetteville that there was a material and substantial mistake in the preparation of its Bids, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS 14.1 Bids will be opened and (unless obviously non -responsible) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to the Bidders after the opening of Bids. Bids will be returned without being read aloud if all applicable portions of the Contract Documents are not met by the Bidder. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE r5-A 3�1ds will remain suGed to acceptance for sixty (60Y-days a er c ay ofthe Bid- - -- opening, but City of Fayetteville may, in its sole discretion, release any Bid and return the Bid security prior to that date. O100.doc 16. AWARD OF CONTRACT 16.1 City of Fayetteville reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate Contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, City of Fayetteville reserves the right to reject the Bid of any Bidder if City of Fayetteville believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City of Fayetteville. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, City of Fayetteville will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. City of Fayetteville may accept any such alternatives in any order or combination, whether in the order in which they are listed in the Bid Form or not. 16.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 City of Fayetteville may conduct such investigations as City of Fayetteville deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City of Fayetteville's satisfaction within the prescribed time. 16.5 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by City of Fayetteville indicates to City of Fayetteville that the award will be in the best interest of the .Project. 16.6 If the Contract is to be awarded, City of Fayetteville will give the successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening. 0100.doc 17. CONTRACT SECURITY 17.1 The General Conditions and the Supplementary Conditions set forth City of Fayetteville's requirements as to Performance and Payment Bond and a Warranty Bond. When the successful Bidder delivers the executed Agreement to City of Fayetteville, it must be accompanied by the required Performance and Payment Bond, a copy of which has been filed with the Washington County Circuit Clerk. At the time of Final Acceptance, the Contractor shall provide the City of Fayetteville the Warranty Bond. 18. SIGNING OF AGREEMENT 18.1 When City of Fayetteville gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other written Contract Documents attached. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to City of Fayetteville with the required Bonds. Within ten (10) days thereafter, City of Fayetteville shall deliver one fully -signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. PRE -BID CONFERENCE 19.1 As noted in the Advertisement for Bids. 20. RETAINAGE 20.1 Provisions concerning retainage are set forth in the General Conditions. 21. SPECIAL LEGAL REQUIREMENTS 21.1 Attention of Bidders is called to Act 150, Acts of Arkansas 1965, concerning the licensing of contractors to do business in Arkansas. 21.2 It is conclusively presumed that Bidders have familiarized themselves with Arkansas laws which may be applied to a Contract for the Work proposed herein as the aforementioned Acts are not exclusive. It is fiirther conclusively presumed that Bidders have familiarized themselves with Federal and local laws, ordinances and regulations pertaining to the Work proposed herein. 21.3 A State of Arkansas Contractor's License is not required to bid on this project; however, no contractor or bidder shall submit a bid prior to submitting an application for licensure with the Arkansas Contractor Licensing Board, and no construction contract shall be executed until the successful bidder has obtained an appropriate license issued by the State of Arkansas Contractor's Licensing Board. 0100.doc (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 0100 0100.dac SECTION 0212 SUPPLEMENTAL INFORMATION FOR BIDDERS 1. BIDDER'S FORMS The BIDDER'S attention is called to the following additional forms which shall be tilled out and submitted with the BID: • Section 0660 Contractor's Act of Assurance Form 2. GENERAL CONDITIONS The BIDDER'S attention is called to all Conditions relating to the Work of this Contract in Section 0700 - General Conditions. 3. SPECIFICATIONS The BIDDER should examine all documents thoroughly. Particular attention is called to Section 0900 — Description of Unit Price Schedule Items. 0212.doc (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 00212 0212.doc � \ } ■ 2 2 _ 0 _ ƒ s k CL m I I )so f \ )§ /\\ -40 2 k46) tr � LL C L / 9 ° . 7� a ) ; ` E § � © • 2 ® ' < § cr \/ )} §/ 7a ¢2"6 OA _ . of0 k ■ 2§ = g o 40 0 a IR 0 Ct a IR 40 R ; e 2 � . t; d d d O ) - —g� �k2k ' ■% ■ c e % $ It �kCL 2 � m >1 ., 1.0 L q, - _ oCL cli -® §t I e 0) P. 20 cx o �§ cx z f — ri §_ k = tm 0 _ , k § \ / k / ~ � © co � co ® � k e r � � A k I ) i $ ? t ' 2 \ k CL < ] ƒ § SECTION 0640 WARRANTY BOND Bond #GRAR27094 We General Construction Solutions, Inc. as principal ("Principal"), and Granite Re, Inc. as surety ("Surety"), are hereby jointly and severally held and firmly bound unto the City of Fayettevillefor the payment of Seventy One Thousand Five Hundred Nine and 571100 Dollars ($ 71,509.57 ), subject to the terms and conditions provided herein. WHEREAS, Principal executed and entered into that certain Agreement with City of Fayetteville for FEMA PROJECT — LOCATION 22 SANITARY SEWER dated August 6 , 20 13 (the "Contract"), the provisions of which are incorporated herein by reference, and unless otherwise defined herein all defined terms used or referred to herein shall have the meaning ascribed thereto in the Contract. In addition to other obligations and liabilities, the Contract required Principal to perform the Work for the Project and to furnish this Bond to City of Fayetteville in compliance with Article 22 of the General Conditions. NOW THEREFORE, the obligations of Principal and Surety herein shall remain in full force and effect as provided herein, subject to becoming null and void upon the occurrence of either or both of the conditions that (a) Principal shall fully perform and satisfy all obligations and liabilities of Principal under the warranty and guarantee provisions of Article 29 of the General Conditions, as modified or supplemented by the Supplementary Conditions or any other applicable Contract Documents, at any time within two years after the date of Final Acceptance or such longer period of time as may be prescribed therein(the "Warranty Period"), all of which includes without limitation either correcting the defective Work, or removing and replacing it with nondefective Work, or paying all direct, indirect or consequential costs of such correction or removal and replacement, all as provided therein, or (b) City of Fayetteville shall fail to institute a lawsuit, action or other proceeding under this Bond before the expiration of three (3) months following the end of the Warranty Period. 0640.doc FURTHER PROVIDED, that (a) any changes, modifications, amendments, alterations or supplementations in or to the Contract, and Contract Documents or the Work, or the giving by City of Fayetteville of any extension of time for the performance of the Contract, or any other forbearance on the part of either City of Fayetteville or Principal to the other, shall not in any way release the Principal or Surety, or either of them, from their liability hereunder, notice to the Surety of any of the foregoing being hereby waived, (b) in no event shall the aggregate liability of Surety exceed the amount set out herein, and (c) the rights and obligations hereof shall be binding upon and shall inure to the benefit of Principal, Surety, City of Fayetteville and their respective heirs, legal representatives, partners, privies, successors and assigns, provided that nothing herein shall authorize the assignment of any such rights and obligations. Date of project final completion is November 16, 2013. The bond shall be 50% of the final project value and shall effective for a period of two years. Executed on the 21st day of March 20 14 By, General Construction Solutions, Inc. (Sea]) Witness: ) Attest: ) Granite Re, Inc. OXBy: (Seal) Surety Pamela K. 4ys, Attorney -in -Fact END OF SECTION 0640 0640.doc 2 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE R£, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY its true and lawful Attorney -in -Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 281" day of August, 2013. IZ Kenneth D. Whitting6n, President STATE OF OKLAHOMA ) s E A L SS: COUNTY OF OKLAHOMA ) Kyle . McDonald, Treasurer On this 28`h day of August, 2013, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: ., . August 8, 2017 - Commission #: 01013257 I �' �- X a, &' -) / �NotaAy Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned h s subscribed this Certificate and affixed the corporate seal of the Corporation this zi5f- day of �& , rcc 1 , 20_ , ,, �NIIR 4S SEA L ' Kyle F` McDonald, Secretary/Treasurer GRO800.1