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74-20 RESOLUTION
OF FAYFr, L it 4gKANSPS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 74-20 File Number: 2020-0062 BID #19-53 KRAPFF REYNOLDS CONSTRUCTION COMPANY: A RESOLUTION TO AWARD BID #19-53 AND AUTHORIZE A ONE YEAR CONTRACT WITH KRAPFF REYNOLDS CONSTRUCTION COMPANY IN THE AMOUNT OF $590,789.00 FOR REHABILITATION OF SANITARY SEWER MANHOLES THROUGHOUT FAYETTEVILLE 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 # 19-53 and authorizes Mayor Jordan to sign a one contract with Krapff Reynolds Construction Company in the amount of $590,789.00 for rehabilitation of sanitary sewer manholes throughout Fayetteville as identified in previous sanitary sewer evaluation studies, with an option to renew the contract for up to four additional one year terms. PASSED and APPROVED on 3/3/2020 Attest: GOER K 11111111 1 1��i�� T,Q � CITY• •,:9�% Kara Paxton, City Clerk Treasurer • FAYE .� •��NSNS .'���•� 11411111110 ► Page 1 Printed on 314120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 r: Text File File Number: 2020-0062 Agenda Date: 3/3/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 BID #19-53 KRAPFF REYNOLDS CONSTRUCTION COMPANY: A RESOLUTION TO AWARD BID #19-53 AND AUTHORIZE A ONE YEAR CONTRACT WITH KRAPFF REYNOLDS CONSTRUCTION COMPANY IN THE AMOUNT OF $590,789.00 FOR REHABILITATION OF SANITARY SEWER MANHOLES THROUGHOUT FAYETTEVILLE 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 #19-53 and authorizes Mayor Jordan to sign a one contract with Krapff Reynolds Construction Company in the amount of $590,789.00 for rehabilitation of sanitary sewer manholes throughout Fayetteville as identified in previous sanitary sewer evaluation studies, with an option to renew the contract for up to four additional one year terms. City of Fayetteville, Arkansas Page 1 Printed on 3/4/2020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0062 Legistar File ID 2/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/23/2020 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #19-53 and approving a construction term -maintenance contract with Krapff Reynolds Construction Co. in the amount of $590,789.00 for rehabilitation of sanitary sewer manholes throughout Fayetteville as identified in previous Sanitary Sewer Evaluation Studies. Budget Impact: 5400.720.5700-5815.00 Water and Sewer Account Number 02017.1 Project Number Budgeted Item? Yes Fund Sanitary Sewer Rehabilitation Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Project Title $ 4,177,868.00 $ 558,849.00 $ 3,619,019.00 $ 590,789.00 $ 3,028,230.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CI`rY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: January 23, 2020 CITY COUNCIL MEMO SUBJECT: Bid #19-53, Krapff Reynolds Construction Co. — Construction Contract for Sanitary Sewer Manhole Rehabilitation RECOMMENDATION: Staff recommends awarding Bid #19-53 and approving a construction term -maintenance contract with Krapff Reynolds Construction Co. in the amount of $590,789.00 for rehabilitation of sanitary sewer manholes throughout Fayetteville as identified in previous Sanitary Sewer Evaluation Studies. BACKGROUND: On December 10, 2019 the City of Fayetteville accepted sealed competitive bids for manhole rehabilitation utilizing various techniques. Krapff Reynolds Construction Co. submitted the lowest bid. The bid schedule includes unit pricing for various items of work in order to complete the annual rehabilitation program. DISCUSSION: Direct contracting with Krapff Reynolds Construction Co. allows the City to execute its sanitary sewer rehabilitation program efficiently. Manholes being repaired under this contract are either identified through normal City maintenance operations or by consultants during Sanitary Sewer Evaluation Studies (i.e., Smoke Testing). Engineering and administrative costs are minimized as these services are handled by city staff. This work is an integral part of the City's ongoing program to maintain its sewer system in the most long-term yet cost effective fashion. This will be the 1 st year of a 5 -year renewable contract with Krapff Reynolds. BUDGET/STAFF IMPACT: Funds are available for this project in the Sanitary Sewer Rehabilitation account. Attachments: Certified Bid Tab Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS January 13, 2020 Jim King Krapff Reynolds Construction Company 2400 N.E. 4th Oklahoma City, OK 73117 ikinq(o)krapff-reynolds.com Re: City of Fayetteville, Arkansas; BID 19-53, Construction, 2019 Sanitary Sewer Manhole Rehabilitation Dear Sir, The City of Fayetteville Arkansas publicly opened bids received on December 10, 2019 for BID 19-53, Construction, 2019 Sanitary Sewer Manhole Rehabilitation Your company is the low bidder. Your bid is $590,789.00. The City of Fayetteville's contract review process requires that you sign the proposed "Agreement" (DOCUMENT 00500) and provide all required attachments and documents prior to City staff review. The staff review process is an internal pdf review by many departments including budget, accounting, legal, purchasing, City Clerk.and Chief of Staff. In addition to the City staff review, the Fayetteville City Council Water and Sewer Committee, and then the Fayetteville City Council, will review the proposed contract. Please complete/fill in and sign, but do not date, the attached copy of DOCUMENT 00500 — AGREEMENT pages 1 —11 and return to me (pdf preferred). Please note that this request and your signing of the proposed Agreement does not guarantee that the City of Fayetteville City Council will approve the contract. This request does not obligate the City of Fayetteville in any manner, but this request is the start of the review process for the proposed contract. You will not have an Agreement/Contract until the City of Fayetteville City Council has approved the proposed contract and both you and the Mayor of Fayetteville have executed the approved Agreement/Contract. Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 The review schedule is proposed as: Water and Sewer Committee January 14, 2020 City Council Agenda Session February 11, 2020 City Council Meeting February 18, 2020 If possible, I need your signed Agreement and attachments by Thursday January 301h. PDFs are preferred. I appreciate your help to start the City's contract review process. Please call me and/or email if you have any questions, or if 1 can assist in any way. Sincerely, 4 6, /,- Z, Corey Granderson, P.E. Fayetteville Utilities Engineer 479-444-3452 carandersonn-favetteville-ar.aov Attachments: Certified Bid Tabulation DOCUMENT 00500 — AGREEMENT pages 1 —11 2 CITY OF JWM FAYETTEVILLE ARKANSAS Bid 19-53, Construction - 2019 Sanitary Sewer Manhole Rehabilitation Official Bid Tabulation Lioneld Jordan, Mayor Dates of Advertisement Bid No, 19-53 Issue Date: Date: 1210.2019 Time• 2.00 PM Number ofAddendums 1 Certification of Funds 5 600,000.00 Max Award Amount. $ 750,00000 'Highlighting Notes Corcected Calculation Error Goins Enterprises, Inc. Kim Construction Company, Inc. Krapff Reynolds Construction Co. ITEM ESTIMATED UNIT UNIT UNIT NO. DtSCKIPIIUN UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 Mobilization (May not exceed 5% LS 1 5 75,000 00 $ 75,000.00 $ 39,000.00 $ 39,000.00 5 28.000.00 $ 28,000.00 of total bid 2 Replace Manhole Frame and EA, 70 $ 5,000.00 $ 350,00000 $ 1,900.00 $ 133,000.00 S 1,100.00 $ 77,000.00 Cover (Paved Areas) 3 Replace Manhole Frame and EA 106 $ 2,500.00 $ 265,000.00 $ 1,400.00 $ 169,600.00 $ 500.00 5 53,000.00 Cover NON -Paved Areas 4 Replace/Ralse to Grade, Manhole VF 50 $ 250.00 $ 12,500.00 5 250.00 5 12,500.00 $ 500.00 $ 25,000,00 Frame Grade Adjustments 5 Replace Manhole Bench and EA 9 5 15,000.00 $ 135,000.00 S 1,700,00 S 15,300.00 S 1,000.00 $ 9,000.00 Trough 6 Chemical Grout Pipe Seals and EA 149 5 1,SD0.00 $ 223,500.00 S 600.00 $ 89,400,00 S 300.00 5 44,700.00 Lower 18" 7 Apply Internal Marlhole VF 60 5 600.00 S 36,000.00 $ 600.00 $ 36,000.00 5 440.DD $ 26,400.00 Adjustment Seal 8 Apply CementitlousCoating to EA 27 $ 1,000.00 $ 27,000.00 $ 1,050.00 $ 28,350.00 S 762.00 S 20,574.00 Entire Manhole (0.6 FT Depth) 9 Additional VF of Cemtnittious Coating to Entire Manhole (> 6 FT VF 45 $ 150,00 $ 6,750.00 S 180.00 $ 8,100.00 $ 127.00 $ 5,715.00 Depth) 30 Apply Epoxy Coating (aEntire VF 60 S 350.00 $ 21,000.00 S 265.00 $ 15,900.00 $ 240.00 ; 14,400,00 Manhole 11 Repair Epoxy Coating SF 50 S 40.00 5 2,000.00 S 80.00 $ 4,000.00 S 50.00 $ 2,500.00 12 Complete Replacement w/ 4 foot diameter manhole In PAVED EA 4 S 39,000.00 $ 156,000.00 $ 14,000.00 $ 56,000.00 $ 8,250,00 $ 33,000.00 areas 0.6 FT Deoth) 13 Complete Replacement w/ 4 root diameter manhole In NON -PAVED EA 14 5 35,000.00 $ 490,000.00 $ 12,000 00 S 168,000.00 $ 7,250.00 $ 101,500,00 areas (0-6FTDepth) 14 Additional VF of manhole VF 50 5 500.00 $ 25,000.00 5 1,000,00 $ 50,000.00 $ 200.00 $ 10,000.00 replacement (> 6 FT Depth 15 1QSR Patch EA 75 S 35.00 5 2,625.00 5 300.00 5 22,500.00 5 200,00 5 15,000.00 16 Trench Safety; Comply with OSHA Standards 29 CFR 1926 Safety LS 1 $ 35,000.00 5 35,000.00 $ 5,000.00 $ 5,000.00 $ 125,000.00 $ 125,000,00 and Health Regulations for Construction Subpart P TOTAL BASE BID S 1,862,375.00 S 852,650.00 S 590,789.00 'Highlighting Notes Corcected Calculation Error DOCUMENT 00500 —AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: 2019 Sanitary Sewer Manhole Rehabilitation Contract No.: 19-53, Construction 3rd THIS AGREEMENT is dated as of the between The City of Fayetteville, Arkansas and called Contractor). day of Q c/k in the year 20" by and Ky-o R' 0 S (hereinafter CChSiru.c Coyfaw . ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. A. This Project is a term maintenance contract for the rehabilitation of sanitary sewer manholes throughout Fayetteville, Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less, or none of the rehabilitation, depending upon the City's needs. The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. B. The contract may be renewed for additional periods up to four (4) additional contract periods beyond the original bid and will be based solely upon the option and agreement between both the City of Fayetteville and the CONTRACTOR. 1.02 The Contractor will commence and complete the projects selected for rehabilitation under this Term Maintenance 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 apart hereof. 1.03 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. 1.04 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. 00500 Agreement 00500-1 DOCUMENT 00500 — AGREEMENT (continued) 1.05 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. Refer to Section 00400 -Bid Form. 1.06 Any use of a third parry dumpster or -roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of allon-City dumpster or roll off container is not allowed. 1.07 Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. 1.08 The Contract may include work in City of Fayetteville right-of-way, ARDOT (State) right-of-way, railroad right-of-way and in General or Utility Easements. I ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville. The City of Fayetteville assumes all duties and responsibilities, and has the rights and authority assigned to The City of Fayetteville, including Owner and Engineer in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TEVIE 3.01 TIME OF THE ESSENCE: A. All time limits for milestone, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR COMPLETION AND FINAL PAYMENT: A. The Work shall be completed within the annual term and Purchase Order. 1. The timeline for this contract shall end December 31, 2020. Upon approval of the City of Fayetteville, the contract may be extended on a yearly basis for up to four years. 3.03 LIQUIDATED DAMAGES: A. Not Applicable (NA). B. In lieu of liquidated damages the annual term contract and Purchase Order will be limited to the calendar year which the Purchase Order is furnished. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 The Contractor and the City of Fayetteville shall negotiate the annual work plan based upon the City's needs and the Contract Unit Prices as specified within the Contract Documents. The work plan and the proposed annual contract amount shall be approved by the City of Fayetteville City Council. The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded and City of Fayetteville may choose to purchase more, less, or none of the rehabilitation, depending upon its needs. This contract is generally for miscellaneous and unidentified rehabilitation of sanitary sewer manholes using various methods as described in the technical specifications herein. 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. 4.03 As provided in the Contract estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the Contract Documents. 4.04 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, costfor fees. 1. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. ARTICLE 5 PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT (continued) 5.02 PROGRESS PAYMENTS, RETAINAGE; A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, iri the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stoxed, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT. A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 6 - CONTRACT RENEWAL 6.01 Contract Renewal. A. The contract may be renewed for additional periods up to four (4) additional annual contract periods beyond the original bid and will be based solely upon the option and agreement between both the City of Fayetteville and the CONTRACTOR. The prices and rates bid by the successful bidder shall be firm throughout the initial one year period of the contract. Prices and rates may only be increased or decreased for the next or subsequent contract extension period, and only if the parties agree to extend the contract. If the City of -Fayetteville seeks to decrease or Contractor seeks to increase any price or rate, each party shall give the other party written notice thereof at least ninety (90) days prior to the end of the contract year, together with a justification for each proposed rate of price change. City of Fayetteville and Contractor shall negotiate in good faiththe amount, if any, in the increase or decrease in the price or rate; provided, however, in no event may any specific unit cost change more than five percent (59/6) of the preceding year's value. If the parties are unable to agree on the extension of the contract, then the contract shall terminate at the end of the contract year, subject to the City of Fayetteville's right to unilaterally extend the contract of the same terms and conditions, for a period not to exceed four (4) months to enable the City of Fayetteville time to rebid this document. B. Purchase orders may be issued to the successful bidder with a contract period not to exceed one (1) year. C. Payment for work shall be made upon completion and acceptance of the workby the City ofFayetteville. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and otherrelated data identified in the Bid Documents. 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) B. Contractor has visited the Site, City and/or Utilities and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings ofphysical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the vgitten resolution thereof by Engineer is acceptable io Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 • CONTRACT DOCUMENTS 8.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. The Performance and Payment Bond shall be one hundred percent (100%). 4. 'The Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance, Payment and Warranty Bonds to the Owner or Engineer. 5. General Conditions. 6. Supplementary.Conditions. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMENT (continued) 7. Specifications consisting of divisions and sections as listed in Table / of Contents of Project Manual. 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 9 - MISCELLANEOUS 9.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 9.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 SUCCESSORS AND ASSIGNS. A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in resp6ct to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of 00500 Agreement 00500-8 DOCUMENT 00500 -- AGREEMENT (continued) Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractu'd lei, Y J !/ work are subject to the Arkansas Freedom of Information Act. if a,Fieedom , �•s of Information Act request is presented to the City of Fayettemille, they contractor will do everything possible to provide the documentswin a prompt{ and timely manner as prescribed in the Arkansas Freedom of Information tact, (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying.costs pursuant to the FOIA may be assessed for this compliance. 9.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of suchmotice prior to commencement of the work of the subcontractor or m0edall s plier. J T IN WITNESS WHEREOF, The City of Fayetteville and Contractor Salive signedt6 Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have 0'. been signed, initialed, or identified by The City of Fayetteville and Contractor. 00500 Agreement 00500-9 DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on / I ( 0, �G� , 20�Qwhich is the Effective Date of the Agreement. CONTRACTOR: CITY OF FAYETTEVILLE By: Lioneld Jordan �0G �jo�ly print) (Type o legtbl nnt) SU..=� o� r 01'.1. 6P(Signature) '''''411 r u u t t t►����1��`/. Title: Y �r J P.� Title: Mayor Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. V5 CC) �'� (SEAL, = (SEAL) foE ��: }7 `Attirrrrrr� GLERI(j�� t Atest ' Attest clry ,,%,;/0/Vr cod 00500 Agreement 00500- 10 FEE: $1.00 per $1,000.00 FILE IN DUPLICATE On Authorized Capital MINIMUM FEE: $25.00 ARTICLES OF INCORPORATION HLED STATE OF Ol¢AHOMA ) COUNTY OF ) MAYS 1 1984 TO SECRETARY OF STATE OF THE STATE OF OKLAHOMA: We, the undersigned Incorporators, OKLA., SECRETARY OF STATE NAME NUMBER STREET, CITY STATE PFha -U-4K apff Route % Box 58 Meeker, Oklahoma Lewis J. Reynolds, Jr. 3309 N. Glenoaks Drive Midwest City, Oklahoma Martha A. Reynolds 3309 N. Glenoaks Drive Midwest City, Oklahoma being persons legally competent to enter into contracts, for the purpose of forming a corporation under "The Busindss Corporation Act" of the State of Oklahoma, do hereby adopt the following Articles of Incorporation: ARTICLE ONE The name of this Corporation is: Krapf£ - Reynolds Construction Company (must end with "Corporation","Company","Incorporated" or "Limited" or an abbreviation of one) . ARTICLE TWO The address of its registered office in the State of Oklahoma is 3309 N. Glenoaks Drive in the City of Midwest City County of Oklahoma , and the name of its Fregistered agent at such address is Lewis J. Reynolds ARTICLE THREE The duration of the corporation 3s: Perpetual (Perpetual if not otherwise stated) 3 ARTICLE FOUR 1 The purposes for which this corporation is formed are: , The nature of the business and the objects and, purposes to be transacted, promoted, carried on and conducted are to do anyand all things hereinafter mentioned, as fully and to the same extent as natural personslmight or • could do, to -wit; ' for the purpose of laying asphalt or concrete or other road surfaces; grading of all types; installation of water, sewer or storm drainage pipes; the operation of a ready -mix plant; and the mining, operation and development of mineral lands and mineral rights, the excavation of sand and gravel and washing of the same and selling the same when so treated for individual or commercial use. b. To acquire by purchase or otherwise to own, hold, buy, sell, convey, lease, mortgage or incumber real estate or other property, personal or mixed, to survey, subdivide, plat, improve and develop plans for purposes of sale or otherwise. t,5� ¢noes¢ y, '�•°af riy c.• To buy, sell, and generally trade in, store, carry and.todhspor . 9,, all kinds of goods, wares, merchandise and provisions and supple's,,• 4, R '� f � ;'�� -. �•p».rte `� ARTICLE FIVE The aggregate number of shares which the corporation shall have authority to allot is .1000 , divided into 1 classes. The designation of each class, the number of shares of each class, and the par value of the shares of each,,class are as follows: CLASS PAR VALUE PER SHARE NUMBER OF SHARES $5.00 Common loon Preferred TOTAL AUTHORIZED CAPITAL $ 5,000.00 ARTICLE SIX The amount of stated capital with which it will begin business is $500.00 , which has been fully paid in. (Not less than $500.00). ARTICLE SEVEN The -number and class of shares to be allotted by the corporation before it shall begin business and the consideration to be received by the corporation therefor, are: CLASS OF SHARES NUMBER OF SHARES CONSIDERATION TO BE RECEIVED THEREFOR Common 100 $500.00 ARTICLE EIGHT The number of directors to be elected at the first meeting of the shareholders is; (3) three (At least three) (SIGNATURES 0 STATE OF OKLAHOMA )ss. COUNTY OF 01<1)AYYI-A ) `, J Before me, a Notary Public in and for said County and State �o'In�this ICCday of 1914, personally appeared 1, FA Ionjej �r. v'_'.n"� 4- to me_known to be the identical, persons -who axecuted t_he foregoing. Articles of Incorpor- ation and acknowledge to be that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above written. (Notary Public) n p mfP�c)��on expires J oTA iLIC S 0 STATE OF 4 u A 14 0ff.? PROCEDURES FOR ORGANIZING AN OKLAHOMA BUSINESS CORPORATION This outline is intended as an aid to incorporating an Oklahoma business corporation, pursuant to the provisions of the Business Corporation Act, Title 18, Oklahoma Statutes 1971. We suggest you carefully consult this Act. The Business Corporation Act applies to all corporations, except those specifically excluded and those for which special statutes are in existence with which the provisions of the Act may prove inconsistent. Section 1.3 of the Act excludes specifically foreign insurance companies which are subject to the jurisdiction of the Insurance Commissioner of Oklahoma, and foreign transportation which are under the jurisdiction of the Corporation Commission. Special statutes cover guaranty and surety companies, building and loan associations, banks, telegraph and telephone companies, bridge corporations, ditch corporations, religious and benevolent associations, co-operatives, chambers of commerce, community chests and rural electric co-operatives. STEPS OF PROCEDURE: 1. Prepare and file with the Secretary of State the Articles of Incorporation in DUPLICATE. 2. Pay to the Secretary of State a fee of $1.00 per $1,000.00 on authorized capital; (Total value of shares at par which the corporation has the authority to allot), 18 O.S. Supp.1979 11.247. MINIMUM FEE: $25.00. 3. Obtain subscriptions for shares and collect payments for shares to an amount equal to the minimum amount of stated capital with which it will begin busi- ness as set forth in the Articles of Incorporation, which amount shall in no case be less than $500.00. 4. No par value stock is treated the same as a par value of Fifty Dollars ($50.00) for computing fees only and the fees thereon shall be collected accordingly. 18 O.S. X1.247. INSTRUCTIONS FOR PREPARING ARTICLES: The Articles of Incorporation must be filed in duplicate, the original with the Secretary of State, signed by each of the incorporators and acknowledged by a Notary Public of at least three of them. 18 O.S. 11.208. The Secretary of State will retain and file the original copy, and the duplicate with the proper endorsements will be returned to sender. The general powers granted to all corporation by 18 O.S. X1.19 of the Act need not be set forth in the Articles of Incorporation. In preparing the Articles of Incorporation, give special attention to the items listed below: 1. NAME. The name must end with one of the following words, or an abbreviation thereof: Corporation, Company, Incorporated or Limited and it must not be the same as or deceptively similar to the names of other domestic or domesticated corporations. 18 O.S. 11.11. You may ascertain in advance whether a particular name is available, and may reserve it for your exclusive use for a period of sixty days by filing an application of reservation of name with the Secretary of State for a fee of $2.00. 2. REGISTERED AGENT AND OFFICE. 18 O.S. 11.208 requires a registered service agent and the address must be the same as the Eegi'stered Q"ffice. In the case of a domestic corporation, the agent may be either an individual, resident of this state, whose business office is identical with the registered office, or a domestic corpora- tion, having a business office identical with the registered office. 3. PURPOSE. 18..O.S. 11:9 provides that a corporation may be organized for any . lawful purpose or purposes; except those excluded by Article 22, X2 of the Constitu- tion of Oklahoma:. -'-Be sure to state the purpose clause broadly enough to cover the intened operations. However, do not attempt to go too much into detail as that would' tend --t0 ilfu`r t—OT 1 esttnlet. - 4. SPECIAL PROVISIONS. Certain special provisions, dealing mainly with stock and stockholders, may be included in the Articles of Incorporation. Except provisions concerning par value stock or no par value'stock may be covered by the by -lays of the corporation, in which case they may be changed without filing Amended Articles of Incorporation. 5. SIGNATURES. The.Articles of Incorporation must be signed by all the incorpor- ators, and at least three must be acknowledged by a Notary Public. 18 O.S. X1.208. 6. DURATION. All domestic corporations may have a perpetual duration unless otherwise stated. 18 O.S.Supp.1979 X1.14. 7. DIRECTORS. ThVe must be at least three. 18 O.S. 11.35. d. To buy, own, lease or let any and all necessary equipment and facilities of every kind and nature which may be necessary or useful in carrying out the purposes of this corporation. To buy, own or lease any and all necessary motor vehicles of every kind and nature necessary in carrying out the purposes of the corporation and to employ personnel for the furnishing of any and all types of services for the corporation or for the sale, care or maintenance of all types of real and personal property. e. To become a member of any joint venture and to contract with any other person, firm or corporation for the purpose of carrying on any legal business whatsoever, which this corporation may deem proper, convenient or expedient in connection with any of the general purposes hereinabove set forth, which will promote the best interest of this corporation, including the power to make investments in any type of personal property or real estate, to borrow money, to execute security agreements or other instruments for the purpose of securing any real or personal property, and to do all other things which may deem beneficial to carry out the purposes of the corporation. f. The objects and purposes hereinabove set forth shall be regarded as independent objects and purposes; and except where otherwise expressed, shall in no way be limited or restricted in carrying on of any legal.business for which this corporation is incorporated by reference to or inference from the terms of any clause or paragraph of these Articles of Incorporation. 11 THIS FORM MUST BE"EXECUTED AND ATTACHED TO ARTICLES OF INCORPORATION AFFIDAVIT AS TO PAID IN CAPITAL STATE OF OKLAHOMA ) SS. COUNTY OF OKLAHOMA ) Fred Krapff, Martha A. Reynolds and Lewis J Reynolds of lawful age, being first duly sworn, each for himself deposes and says that the above-named affiants constitute a majority -of the incorporators of Krauff - Remolds Construction Company a proposed corporation, and that the amount of stated capital with which said corporation will begin business, as set out in its attached articles of incorporation, has been fully paid in. Subscribed and sworn to before me this /C0 YLlj day of „•a , 19. AL! CF �0 Tfq by r Notary Public o�.'1 . d.,� ••.....o•� q,�, Jia `°�� My Commission Expires: y %.� /Z /W69" OFFICE OF THE SECRETARY OF STATE CERTIFICATE OF IMCORPORATIOIV WHEREAS,��ee.o�'rc°'fz°"a�°'za�� KR"FF - REYNOLDS CONSTRUCTION COMPANY NOW THEREFORE, 9uzdka IN TESTIMONY WHEi�EOF�%���a �1� �JseaG�eaGo�Uz���o�©/�lurizor�.c� �clecr:a�f% Zod ia�i �� <�J6uli, gid. 31st. •moi I� ' -c' y2 0 V . ���. ' �; .: �. ' : i � �i Imo► /. 1. _ J OFFICE OF THE SECRETARY OF STATE CERTIFICATE OF GOOD STANDING DOMESTIC FOR PROFIT BUSINESS CORPORATION I, TILE UNDERSIGNED, Secretary of State of the State of Oklahoma, do hereby certify thatlam, by the laws of said state, the custodian of the records of the state of Oklahoma relating to the right of certain business entities to transact business in this state and am the proper of to execute this certificate. I FURTDER CERTIFY that KRAPFF -REYNOLDS 00NS7RUC770N COMPANYwhose registered agent isFRED L KRAPFF. with its registered office at 2400 NE 4TH ST OKLAHOMA CITY 73117 USA Oklahoma is a Domestic For ProitBusiness Corporation duly organized and existing under and by virtue of the laws of the state of Oklahoma and is in good standing according to the records of this office. This certificate is not to be construed as an endorsement, recommendation or notice of approval of the entity's financial condition or business activities and practices Such information is not available from this office. IlV TESTIMONY UMREOF, I hereunto set my hand and affixed the Great Seal of the State of Oklahoma, done at the City of Oklahoma City, this 22nd day of.Icmuary 2020. N Secretary Of State 7 qm. 6lds-.: z_ -i`T�3 = �- Y �}`< - - - - �T _--- 'S - u6tr --Fxe&L-R�a ff 'on Z'Z- Z p zt ' y7 any - L _=7 G j- RANTINGS-IGNING--A-ND-AVTHO'R-IT�'---Y,--T-9-CONDt-JCT BUSINESS, reis:th�-CrL�rtioq dd-sire�4fit�:9pl�-LcwutbPritrig ceftaihpqw(s)desc ribedWew emnd6r.- RESOLVEDithat tbe-Bod hdreby authoF6d anti approvpd-toZg yantsigmnga?d-a-u'tfi'driW tbt t�op; , -concluct, bUslness to anv-onEvof thZrfollowing per bh(s), Fred L Krapff,-Pres id ent,' and JamesL. p�hg Vice - President: -daufhor�tyg[antecr�bkrin—�l�de'b-dt-notFe.(ffr�ifedld,--th -the--'�'- _4[db7n. t;The foregoingsigning A e u Power� q fanormey, transfer4,assignments; dontract§,-obliiations;-c(�-rt[firates'. and other instrument whatwen-'_�,��- - _T.,. . -natur6-L,nteredlr)tcF b,�tbig-Corp&4ViDfIr ,. The �bffd6f!�fgbd-hereby'cirtLfteythath�/sheistfi-e_-.4qly elected and -glial fiedSecretary and the cuKtqdiiiF6-f5th�'- -lj-b6Ws-ihd-rec6_rds:aftd sdal of-Kr;apff-��in6fdi!-C-'6-nftruc-tiori, C6ftfp_any;-�i puisuan _,_ttijth4 __Wuof ThesiateLU0kla hotnz an athat t hefo'eioihi-lis a true YcOrd of a rogol Ltion.culy adopted j5f 6 e y.fa 'A6i(j�!�_ 7- meeting-w.zis-liegin-ac'c-ordan�e)Wjib-.state-law,�a -th. _B ws of thd -Wned Cor r&n onapaq j:Zq�05 i�mclthat -i;Ad�resAtidn it now-im-full fori`e�arfd Wectvvithout m'odir'g5tl(jrc _ r, W. or— li–si 4- MTE-S FjkZ(JF,_i-,bAvd.,-E!xecubzd Mjm-mWa2a-0crefary]§-nd havEF-hereunto affixed -the cor aL tft- 5-S oratese -Qf e - p above-named Corporation this 5l' dayA� ;z LO A 7 S Secretary N, s iz� 7 z 240091-dA6 bfdA-o OX 73117 -516-0081-- WEC7e _qity_z_ _LOffiqe--(4Q5 -968 qa )733 7 s:Fax:(405) J DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices —2,+00 +'' ��rcA 113 W. Mountain St Ok1(,l C*OK 73117 Fayetteville, AR 72701 License No. 34`t'100 & Z0 Agent for Service of process ��(�v�eS �, ii►:,� (Type or legibly print) iZ )4- (Sig�/ature) ' Contractor shalt attach evidence of authority of Agent for Service process to sign. If Contractor is a'corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (1f Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) Approved As to Form: By: Attorney For: END OF DOCUMENT 00500 00500 Agreement 00500-11 tapff ,yift,dld rap Fred--L.--r< ff Jnig�- Z- 7- �t % '4 -G RA kT- I G- N'l N G -AN -S rRESOLOTIOU N GISI W-A'OT_HORIT-Y-T()-CdTND.U.GT B6SINES �Whereas, the i igg_�hd -apl lt.tgcettzCnjOT�k*), ereuhder.-" Cor-" r. p b Fa No b 9 7s j 6e s t q g r a fi fs I I descC&d h -RESOLVED, that the-Bpa rd of0jr-4ibrs'li hbreby authorized brfd agpr6'�ve�d'td-granit ohduct bllsirfesst(�.a!W�ojje oMhe'fbllbwihg pe-rsqn(s)-.-Fred L. Krapf�,President, and -James 1: Kin! 9 d author h 'I -Q de- -at lye -the execution -of bgqk3j _PrO!Oent.74�! foLregolhg sfgriing;in kt�jdr4htea i A h 6 But"n -ft ni i ee d I o, :--powers oftttorney, ttansfersi-assi g^fiTrreq$F ;-gc L Lntract obltgations;-�ert ficates-vand -other instrame t o whpte� er nature-e-nter9cr(nta-bythisCorp6rkitLorl;-_ Thep deri§rg6e4:her6bv pertiffes-that he/ -she isthead'ly.qj6ctdd•andjqNali le ecre ary, and the-cust7odi seal-o-IffrapffiRe Rold§ Construction C6mpariyra- corpdr4ticfrrduly formed-pqrsLian -to thd -hd that th6-__f�_ji_jClnq t tr6;6;r&brd- of a, rosol Ution -d u ly adopted at.-$ J�ehtl ng -of=-, _s -of tho state _klahoTa-a is he - o ar-cf B�' ldf Ei -ir� _�idri on d�- t*ha t, s a i d- me et Yn g -w- -a s�- ingrcCordapc '_'fhstatp_'law:a�dihd-Byl� of t6ia_bo\'f-e-_ q -N I WS -named O!��pndth v�aicl_riskrutltorn's now in force A dlfl'c_'t' iai Corp,,6rbtib_n on Jpntlarw4,20 a d 65��ctv�ithout mo a.141T esclss _1N JNITLVES 1N i-ER_�0 Jii.�.=�e)(er._Uted mWjMrVLIJIMj� cret@r"Ild have --hereunto -affixed the corp6r-ate seabof_tbe ,,e abUve3haffied Cg(pi�Lrjtf q -5th day Orf thF :*Icj tu A r tL c A�A z-S-ecretary - 7 7- 0 2400AE;4&!bldbhomaCity, OK73117-,!-C)ffice-(405),733-§68�-- _Fqx-516-0081-r-- .630-2306- Mo�oe C405) �(465) - DOCUMENT 00400 -BID FORM DOCUMENT 00400-13I1) FORM Contract Name: 2019 Sanitary Sewer Manhole Rehabilitation Bid Number: 19 - 53, Construction BID TO: h Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: jGrz".c 1Ie CO. 7 5' ME` �f f- /U�h�=�« Llz c/,-- -7'Sli7 .11 ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of, counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 2.02 This bid is for a term maintenance contract for the rehabilitation of sanitary sewer manholes throughout Fayetteville, Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less, or none of the rehabilitation, depending upon the City's needs. The City of Fayetteville is under no obligation to purchase a 00400-1 i DOCUMENT 0040D -BID FORM minimum amount of any item awarded. This contract is generally for miscellaneous and unidentified rehabilitation of sanitary sewer manholes using various methods as Identified in the technical specificatons herein, 2,02 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. ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date B. Bidder has visited the Site, City or Utilities and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C, Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete 00400-2 DOCUMENT 00400 -BID FORM for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for. having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, p6rformance, or furnishing of the Work or which relate to any aspect ofthe means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. This Project is a term maintenance contract for the rehabilitation of sanitary sewer manholes throughout Fayetteville, Arkansas. The City of Fayetteville may at the City's sole discretion choose to purchase more, less, or none of the rehabilitation, depending upon the City's needs. The City of Fayetteville is under no obligation to purchase a minimum amount of any item awarded. G. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination ofthis Bid for performing and furnishing ofthe Work in accordance with the times, price, and other terms and conditions ofthe Contract Documents. H. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. T. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3, Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. L. The Contract Documents are generally sufficient to indicate and convey 00400-3 DOCUMENT 00400 -BID FORM understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. M. 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; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA.) Part 1926 — Subpart P — Excavations. ARTICLE 4- BR) PRI[ft Bidders are required to provide pricing for all line items. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, all bids shall be rejected and become confidential. The total amount bid for the item of "Standard Mobilization" must not exceed 5% ofthe total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5% ofthe total, then the bid may be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s) as indicated on the UNIT PRICE BID SCHEDULE which follows: 00400-4 DOCUMENT 00400 -BID FORM ARTICLE 4- BID PRICE Bidders are required to provide pricing for all line items. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of finds certified for the project plus 25%, all bids shall be rejected andbecome confidential. The total amount bid for the item of "Standard Mobilization" must not exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5% of the total, then the bid may be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following prices) as indicated on the UNIT PRICE BID SCHEDULE which follows: UNIT PRICE BID SCHEDULE ITEM EST. UMT NO. DESCRIPTION UNIT QTY PRICE TOTAL 1 Mobilization (May not exceed 5% of total bid) L5 1 2 Replace Manhole Frame and Cover Areas)'7 EA 70 1100010 O o^ % DO (Paved 3 Replace Manhole Frame and Cover (NON- EA 106p° SOU c j Paved Areas) , � �JQfJ 4 Replace/Raise to Grade, Manhole Frame Grade Adjustments VF 50o° X00 Z " 0Oa P-'- 5 Replace Manhole Bench and Trough EA 9 10001-110 c -,a gD44 6 Chemical Grout Pipe Seals and Lower 18" EA 149 3 no So- / �QO 0 7 Apply Internal Manhole Adjustment Seal VF 60 yt/D 00 /J 00400-1 DOCUMENT 00400 -BID FORM 8 Apply Cementitious Coating to Entire Manhole (0 - 6 FT Depth) EA 27 ,yo % % Z 2 ©S7 (t 9 Additional VF of Cementitious Coating to Entire Manhole (> 6 F Depth) VFO 45 r 10 Apply Epoxy Coating to Entire Manhole VF 60 00 ZYo 00 r ' 11 Repair Epoxy Coating SF 50 ?A 2 500 Complete Replacement w/ 4 foot diameter 12 manhole in PAVED areas (0 EA 4 o, gZs� Fp - 6 FT Depth) Complete Replacement w/ 4 foot diameter 13 manhole in NON -PAVED areas (0 - 6 FT Depth) EA 14 720 eg 1 s00 14 Additional VF of manhole replacement(} 6 FT Depth) W 50 p vO 15 QSRpatch EA 75 Z' (lDE�2'JO_ Trench Safety; Comply with OSHA 16 Standards 29 CFR 1926 Safety andHealth LS 1 Regulations for Construction SubpartP TOTAL AMOUNT BID The City intends to award to the lowest responsive responsible bidder based on the evaluation of the UNIT PRICE B1D,4CHEDULE The basis for award of the contract shall be the lowest total bidby an acceptable and qualified bidder who mets all or the experience requirements stated ivithin 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. 00400-2 DOCUMENT 00400 -BID FORM ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Fl -,,A A, -,AF /C¢Lvf dkc 2yer C;I /al��.�•z C,f . kv ?.3 Email r2 .'i7 lzra,/Jejr-69ri,�/cf5. Phone No. yc!� — 6l o-- 75-0 6- Fax -No. 110<--5516 ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. ARTICLE 9- CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE 9.01 Contractor's Assurances. 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. 00400-7 DOCUMENT 00400 -BID FORM NONSEGREGATED FACILITIES The company that I represent does not and will not maintain any facilities provided for its employees in 4 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 ofthe Contract WorkHours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. PROCUREMENT PROl1HBITIONS 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 ofviolations 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; 004008 DOCUMENT 00400 -BID FORM (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. 9,02 Execution/Signatures for Contractor Assurances above, Bid and Bid Form: SUBMITTED on 4ekc' --'" 6e r / 0 .204 - Arkansas 204 Arkansas State Contractor License No. OYW 900620 If Bidder is: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No: FaxNo. Email Address: A Partnersluu, Partnership Name : (SEAL) By: (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business address: 00400-9 DOCUMENT 00400 -BID FORM Phone No: Fax No. Email Address: A Corporation or Corporate entity including Limited Liability Company (LLC). Corporation Name: orn aS Cats hehp— Cr> . (SEAL) State of Incorporation: Type Eral Busines . Professional, Service, Limited Liability): evidence of authority to sign) Name (type or printed): Title: V ce. lrs 5i do -1' w� pS Cp (CORPORATE SEA�i��pp"",�� r 0,: Attest � ,,��, /f� 1- Io --- --- '� G (Signature of Corporate Secretary) _ ��,. z SEAL Business address: g,eo /V 5;r`►�et Phone No; Fax No„ V 6�--5'/( -Cr->91 Email Address; 2/G�a� Ge yirn/kll, Ed i END OF DOCUMENT 00400 00400-10