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2023-12-05 - Agendas - Final
City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, December 5, 2023 5:30 PM City Hall Room 219 City Council Members Council Member Robert B. Stafford Ward 1 Council Member D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton Pagel of 948 City Council Meeting Final Agenda December 5, 2023 ZOOM INFORMATION: 1. WEBINAR: 815 8284 7774 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/REGISTER/ WN_FUIHUP_YSIIEUJZQGLT3NG CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS 1. MONTHLY FINANCIAL REPORT - CHIEF FINANCIAL OFFICER PROPOSED AGENDA ADDITIONS A. CONSENT A.1. APPROVAL OF THE NOVEMBER 21, 2023 CITY COUNCIL MEETING MINUTES A.2. ROTOCHOPPER INC. (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE PURCHASE OF A GRINDER FROM ROTOCHOPPER INC. IN THE AMOUNT OF $634,952.00, PLUS ANY APPLICABLE SURCHARGES, FREIGHT CHARGES, AND DELIVERY FEES PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1203) A.3. TENNANT COMPANY (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE PURCHASE OF A 2023 TENNANT SWEEPER FROM STAPLES IN THE AMOUNT OF $78,004.37, PLUS ANY APPLICABLE SURCHARGES, FREIGHT CHARGES, AND DELIVERY FEES PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1218) A.4. STRAIGHT'S LAWN AND GARDEN INC. (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE PURCHASE OF THREE GRASSHOPPER MOWERS FROM STRAIGHT'S LAWN AND GARDEN, INC. IN THE TOTAL City of Fayetteville, Arkansas page 2 Page 2 of 948 City Council Meeting Final Agenda December 5, 2023 AMOUNT OF $49,653.00, PLUS ANY APPLICABLE SURCHARGES, FREIGHT CHARGES, AND DELIVERY FEES PURSUANT TO AN OMNIA COOPERATIVE PURCHASING CONTRACT (2023-1219) A.S. TERRA FIRMA RESTORATIONS, LLC (BID 23-35 - SERVICE AGREEMENT): A RESOLUTION TO AWARD BID #23-35 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA RESTORATIONS, LLC IN THE AMOUNT OF $275,900.00 FOR THE TOWN CENTER ROOF RESTORATION, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $27,590.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1283) A.6. TRUMBLE CONSTRUCTION, INC. (BID 23-41 - SERVICE AGREEMENT): A RESOLUTION TO AWARD BID #23-41 AND AUTHORIZE A CONTRACT WITH TRUMBLE CONSTRUCTION, INC. IN THE AMOUNT OF $81,172.00 FOR THE RECYCLING & TRASH COLLECTION TRANSFER STATION AND WATER/SEWER ROOF REHABILITATION PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,117.20 (2023-1288) A.7. MILESTONE CONSTRUCTION COMPANY, LLC (BID 23-42 - SERVICE AGREEMENT): A RESOLUTION TO AWARD BID #23-42 AND AUTHORIZE A CONTRACT WITH MILESTONE CONSTRUCTION COMPANY, LLC IN THE AMOUNT OF $344,115.00 FOR THE REPLACEMENT OF THE CITY HALL ROOF AND SKYLIGHT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $34,411.50, AND TO APPROVE A BUDGET ADJUSTMENT - CITY FACILITY IMPROVEMENTS BOND PROJECT (2023-1287) A.B. MVP SPORTS PHOTOGRAPHY (SERVICE AGREEMENT): A RESOLUTION TO AWARD RFP 23-11 AND APPROVE A ONE YEAR CONTRACT WITH MVP SPORTS PHOTOGRAPHY FOR PHOTOGRAPHY SERVICES FOR YOUTH SOCCER AND SOFTBALL PROGRAMS WITH AUTOMATED RENEWALS FOR UP TO FOUR ADDITIONAL YEARS (2023- 1290) A.9. SOMETHING DIFFERENT, LLC (SERVICE AGREEMENT): A RESOLUTION TO AWARD RFP 23-18 AND APPROVE A TEN MONTH CONTRACT WITH SOMETHING DIFFERENT, LLC FOR THE OPERATION OF CONCESSIONS LOCATED AT KESSLER MOUNTAIN REGIONAL PARK SOCCER AND BASEBALL COMPLEX, GARY HAMPTON SOFTBALL COMPLEX, LAKE FAYETTEVILLE SOFTBALL COMPLEX AND THE WILSON PARK POOL WITH AUTOMATED RENEWALS FOR UP TO FOUR ADDITIONAL YEARS (2023-1292) A.10. CARBON REDUCTION PROGRAM (GRANT ACCEPTANCE): City of Fayetteville, Arkansas page 3 Page 3 of 948 City Council Meeting Final Agenda December 5, 2023 A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR A SAFE ROUTES TO SCHOOL PLAN FOR FAYETTEVILLE PUBLIC SCHOOLS, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1284) A.11. ARDOT DRAKE STREET TRAIL (AGREEMENT OF UNDERSTANDING): A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE DRAKE STREET TRAIL, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1293) A.12. ENVIRONMENTAL CONSULTING OPERATIONS, INC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE AMENDMENT NO. 10 TO THE CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $65,500.00 FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT IN 2024 (2023-1279) A.13. CH2M HILL ENGINEERS, INC. AMENDMENT NO. 15 (SERVICE AGREEMENT): A RESOLUTION TO APPROVE AMENDMENT NO. 15 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES WITH CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $8,476,468.00 FOR SERVICES IN 2024, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $423,823.40 (2023-1316) A.14. CERTIFIED LOCAL GOVERNMENT GRANT (GRANT APPLICATION): A RESOLUTION TO AUTHORIZE APPLICATIONS FOR TWO CERTIFIED LOCAL GOVERNMENT GRANTS IN THE TOTAL AMOUNT OF $40,000.00 THROUGH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR THE PREPARATION OF A MULTIPLE PROPERTY DOCUMENTATION FORM FOR THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS AND A HISTORIC CONTEXT STATEMENT FOR THE SPOUT SPRING NEIGHBORHOOD, AND TO APPROVE A BUDGET ADJUSTMENT FOR THE CITY'S GRANT MATCH IN THE AMOUNT OF $15,000.00 (2023-1272) A.15. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE AN INTERLOCAL PURCHASING AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; TO AUTHORIZE A CONTRACT WITH IMS INFRASTRUCTURE MANAGEMENT SERVICES, L.P. FOR PAVEMENT ANALYSIS AND RELATED SERVICES City of Fayetteville, Arkansas page 4 Page 4 of 948 City Council Meeting Final Agenda December 5, 2023 PURSUANT TO THAT INTERLOCAL AGREEMENT THROUGH THE TERM OF THE CONTRACT AND ANY RENEWAL PERIODS, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1299) A.16. 2023 COPS CRISIS INTERVENTION TEAM (GRANT AWARD): A RESOLUTION AUTHORIZE ACCEPTANCE OF A 2023 COMMUNITY POLICING DEVELOPMENT CRISIS INTERVENTION TEAM GRANT FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $400,000.00, TO APPROVE THE ADDITION OF 2.0 FULL TIME EQUIVALENT NON - UNIFORMED POSITIONS TO THE POLICE DEPARTMENT TO HIRE ADDITIONAL SOCIAL WORKERS FOR THE CRISIS INTERVENTION TEAM, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1282) B. UNFINISHED BUSINESS C. NEW BUSINESS C.1. FUTRALL DRIVE RAILROAD CROSSING (2019 TRANSPORTATION BOND PROJECT): A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO COMMIT $730,000.00 TO COMPLETE THE SIGNALIZATION AND ROAD WORK FOR THE FUTRALL DRIVE RAILROAD CROSSING (2023-1271) C.2. NATIONAL FLOOD INSURANCE PROGRAM DOCUMENTS (ADOPTION - JANUARY 25, 2024): AN ORDINANCE TO ADOPT THE LATEST FEMA FLOOD INSURANCE RATE MAPS, WASHINGTON COUNTY FLOOD INSURANCE STUDY, AND ANY FEMA CERTIFIED LETTERS OF MAP CHANGE AS REGULATORY FOR THE CITY OF FAYETTEVILLE (2023-1278) C.3. 71 B CORRIDOR REGULATING PLAN (SUPPORT AFFIRMATION): A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT FOR THE 71 B CORRIDOR REGULATING PLAN AND WORK PROGRAM (2023-1318) CA. VACATION-2023-0013: (3034 W. MICA ST./BLAGG AND BRIGGS, 401): AN ORDINANCE TO APPROVE VAC 23-13 FOR PROPERTY LOCATED AT 3034 WEST MICA STREET IN WARD 4 TO VACATE A 153-SQUARE FOOT PORTION OF UTILITY EASEMENT (2023-1285) C.S. REZONING-2023-0029: (533 W. CENTER ST./BRICENO, 523): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0029 FOR APPROXIMATELY 0.09 ACRES LOCATED AT 533 WEST CENTER STREET IN WARD 2 FROM NC, NEIGHBORHOOD City of Fayetteville, Arkansas page 5 Page 5 of 948 City Council Meeting Final Agenda December 5, 2023 CONSERVATION TO MSC, MAIN STREET CENTER (2023-1296) D. CITY COUNCIL AGENDA SESSION PRESENTATIONS D.1. SALES TAX REPORT - PAUL BECKER AND ENERGY REPORT - PETER NIERENGARTEN D.2. 71 B CORRIDOR IMPLEMENTATION UPDATE - JONATHAN CURTH & CHRIS BROWN E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City City of Fayetteville, Arkansas page 6 Page 6 of 948 City Council Meeting Final Agenda December 5, 2023 Council meeting as part of the presentation of the agenda item. City staff's presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Speakers shall be limited to a maximum of five (5) minutes to discuss the agenda item being considered by the City Council. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. As part of a person's public comments allowed above, the speaker may use electronic visual aids during their five (5) minutes presentation period concerning the agenda item being considered by the City Council. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from comments that are harassing or amount to a personal attack against any identifiable individual including abusive comments and derogatory remarks about integrity or offer any other comments that are also not limited to the discussion of the specific agenda item being considered by the City Council. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville- ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575- 8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas page 7 Page 7 of 948 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 5, 2023 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent DATE: SUBJECT: ROTOCHOPPER INC: RECOMMENDATION: CITY COUNCIL MEMO 2023-1203 A RESOLUTION TO AUTHORIZE THE PURCHASE OF A ROTOCHOPPER FP66TT TRACK TRAILERABLE FROM ROTOCHOPPER INC. IN THE AMOUNT OF $634,952, PLUS ANY APPLICABLE FREIGHT CHARGES, SURCHARGES AND DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (030923-RTO), AND TO APPROVE A BUDGET ADJUSTMENT. BACKGROUND: Unit 4026 is a 2015 Rotochopper FP-66 that has been in service since March of 2015. It is quickly approaching 9 years in a 8 year life cycle. DISCUSSION: Overall this unit has been very reliable and capable for the City of Fayetteville. The shop staff have become very proficient and knowledgeable with the specialized repairs these units require. Due to the age of unit 4026 it has had increasing mechanical and hydraulic issues that result in extended down time and repairs. Fleet recommends we move forward with the purchase of the replacement Rotochopper and trade in of unit 4026. This will also allow RTC staff to save time, better utilize labor, reduce exhaust and green house gas emissions and additional equipment required to tow and move the replacement Rotochopper. BUDGET/STAFF IMPACT: Because this purchase is an upgrade, it will require a budget adjustment that is being submitted to utilize both Fleet and RTC's fund balance for this purchase. This unit was presented at the November 14th Equipment Committee. ATTACHMENTS: SRF (#3), BA (#4), City of Fayetteville FP66TT Updated Quote (#5), Tax Exempt Form COF (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 8 of 948 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1203 ROTOCHOPPER INC: A RESOLUTION TO APPROVE THE PURCHASE OF A GRINDER FROM ROTOCHOPPER INC. IN THE AMOUNT OF $634,952.00, PLUS ANY APPLICABLE SURCHARGES, FREIGHT CHARGES, AND DELIVERY FEES PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Unit 4026, a 2015 Rotochopper FP-66 has been in service since March of 2015 and is approaching 9 years in an 8 year life cycle. NOW, THEREFORE, 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 approves the purchase of a Rotochopper FP66TT Track Trailerable grinder from Rotochopper, Inc. for the amount of $634,952.00, plus any applicable surcharges, freight charges, and delivery fees, pursuant to Sourcewell Cooperative Purchasing Contract #030923-RTO. 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. Page 1 Page 9 of 948 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2023-1203 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/12/2023 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A ROTOCHOPPER FP66TT TRACK TRAILERABLE FROM ROTOCHOPPER INC. IN THE AMOUNT OF $634,952, PLUS ANY APPLICABLE FREIGHT CHARGES, SURCHARGES AND DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (030923-RTO), AND TO APPROVE A BUDGET ADJUSTMENT. 9700.770.1920-5802.00 Account Number 02082.2023 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Shop Fund Recycling and Trash Vehicles Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,755,341.00 $ 1,534,021.77 221,319,23 $ 634,952.00 $ 634,952.00 e. 221,319.23 Previous Ordinance or Resolution # Approval Date: V20221130 Page 10 of 948 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FLEET OPERATIONS (770) /Org2 2023 Requestor: Ross Jackson Jr. BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A ROTOCHOPPER FP66TT TRACK TRAILERABLE FROM ROTOCHOPPER INC. IN THE AMOUNT OF $634,952, PLUS ANY APPLICABLE FREIGHT CHARGES, SURCHARGES AND DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (030923-RTO), AND TO APPROVE A BUDGET ADJUSTMENT. COUNCIL DATE: ITEM ID#: 12/5/2023 2023-1203 Holly Black 11/1612023 9:15 Nn RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 704,904 704,904 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2023109 Account Name 9700.770.1920-5802.00 634,952 - 02082 2023 EX Vehicles & Equipment - base 9700.770.1920-6602.50 9700.770.1910-4999.99 - - 69,952 565,000 02082 2023 RE RE Transfer from Fund - Solid Waste Use Fund Balance - Current 5500.750.5070-7602.70 5500.750.5000-4999.99 69,952 - - 69,952 59700 5500 EX RE Transfers To Funds - Shop Use Fund Balance - Current I of 1 Page 11 of 948 � , pCHOPPF Inc-0° Rotochopper, Inc. 1 217 West Street; PO Box 295 1 St. Martin, MN 56376 1 P: 320-548-3586 1 F: 320-548-3372 For: Brian Pugh City of Fayetteville 113 W Mountain St Fayetteville, AR 72701 ❑✓ Ship To Same As Billing FP66TT Track Trailerable QUOTATION BB: 41477 Quoted by Preston McIntyre On 10/11/2023 Estimated shipping date 12-14 weeks from date of order Terms Purchase Order FOB St. Martin, MN 755 HP CAT C18 Tier 4 / Stage 4 engine with automatic load regulation, PT Tech hydraulic clutch, 340 gallon / 1,280 Liter fuel tank Radiator pre cleaner and 51b fire extinguisher Hydraulic oil cooler Reversible radiator fan with adjustable purge cycles and pre -cleaner Domed slat infeed conveyor with radial piston drive (66" W x 161 / 1,677mm W x 4,877mmL)1,677mm W X 4,877mm L) High torque powerfeed with Ultra "V" cleats and dual hydraulic drives (32" D x 66" W) Gap -less infeed transition and patented Slab Ramp adjustable shear plane Down -cut mill designed for precise particle size and texture control Patented replaceable mount rotor with 28 tooth mounts (36" D x 66" W / 915mm D X 1,677mm W) Weld -on rotor rakers Grinding chamber water injection dust control system Hydraulic screen installation system with shear pin protection Roller -bed under rotor conveyor (48" W X 21' L / 1,219mm W X 6,400mm L) Folding truck loading discharge conveyor with magnetic head pulley Digital control system with advanced monitoring and diagnostics Wireless remote control system StopWatch monitoring system RotoLink remote monitoring system 60-month subscription Track undercarriage with 600 mm grousers Standard Factory Machine Warranty 4" Forestry baffled square hole screen (3/4" T-1 Steel) 5" Baffled square hole screen (3/4" T-1 Steel) Hardsurfaced 3 Tab, Single Bolt (1 bolt, nut & lock washer per tooth) Commissioning & Training Delivery to Fayetteville, AR Subtotal $871,268.00 18" Cross -belt magnetic conveyor $25,344.00 CAT Extended engine warranty for C18 engine - Platinum 60 month 5,000 hour warranty $13,340.00 Trade In Rotochopper FP66, S/N:15-2774, Hours:700 ($275,000.00) Accepted By: Date: Customer is responsible for all routine maintenance and any damage incurred to trade-in equipment from the signing of this quote until Rotochopper's actual acceptance of the trade-in equipment. Customer ensures trade-in equipment is U.S. DOT compliant (if applicable) and road worthy. Customer is responsible for all costs incurred if trade-in equipment is not U.S. DOT compliant and/or road worthy. Customer must provide lien release documents for all trade-in equipment. Initial Total Additional Suggested Options Not Included in Price Total Hardfaced wedge teeth (single hardface overlay per side; 1 bolt, nut, & lock washer per tooth) 6" Baffled square hole screen (3/4" T-1 Steel) 6" to 10" Open square hole screen (3/4" T-1 Steel) Notes: $634,952.00 Check to Customer Sales Rep include initials initials $1,224.44 $2,602.00 — $2,004.00 Page 1 of 2 Page 12 of 948 To Ho Rotochopper, Inc. 1 217 West Street; PO Box 295 1 St. Martin, MN 56376 1 P: 320-548-3586 1 F: 320-548-3372 For: Brian Pugh City of Fayetteville 113 W Mountain St Fayetteville, AR 72701 ❑✓ Ship To Same As Billing FP66TT Track Trailerable Rotochopper Sourcewell Contract #030923-RTO (2023 Pricing) QUOTATION BB: 41477 Quoted by Preston McIntyre On 10/11/2023 Estimated shipping date 12-14 weeks from date of order Terms Purchase Order FOB St. Martin. MN - This quotation is valid for 30 days from the date above. All taxes, levies, duties, or other governmental fees are the responsibility of the buyer. Two screens are required for operation. Unless otherwise noted, all prices are shown in US dollars ($). Fuel surcharge may apply. Rotochopper Standard Terms and Conditions are incorporated herein by reference; they can be reviewed at https://www. rotochopper.com/rotochopper-sta nda rd-terms-conditions-3/ Quoted By: Accepted By: Date: Page 2 of 2 Page 13 of 948 MDEPARTMENT OF REVENUE Form ST% Certificate of Exemption Purchaser: Complete this certificate and give It to the seller. Seller: If tills certificate is not completed, you must charge sales tax. Keep this certificate as part of your records. This Is a blanket certificate, Unless one of the boxes below Is checked. This certificate remains in force as long as the purchaser continues making purchases or until otherwise cancelled by the purchaser. Check if this certificate Is for a single purchase and enter the related invoice/purchase order # ❑If you are a contractor and have a purchasing agent agreement with an exempt organization, check the box to make purchases for a spe- cific job. Enter the exempt entity name and specific project: Exempt entity name Project description Name of Purchaser Rotochopper, Inc. Bustness Address 217 West Street Purchaser's Tax ID Number 9166379 If no tax ID number, ' FEIN Enter one of the fol lowing: St. Martin State of Issue MN ,Iver's license number/State Issued ID number State W code MN 56376 _. I _.__ _ __ I State of Issue Number Ninu! of seller from whom you are purchasing, leasing, nr renting -'- eP _ti►c _..--- _ ________ ____ ___ Seller'17ddress city state ZIP code I'.) kkke Noun-Inif) qR 727D I Type of Business _01 Accommodation and food services 02 Agricultural, forestry, fishing, hunting - J03 Construction 04 Finance and Insurance 05 Information, publishing and communications x 06 Manufacturing 07 Mining 08 Real estate 09 Rental and leasing — 10 Retail trade Reason for Exemption (See Instructions) L AFederal government (department), .� B Specific government exemption C Tribal government (name) D Foreign diplomat a E Charitable organization #— _ �— F Educational organization it—.. G Religious organization # QH Resale X I Qualifying capital equipment (see instructions when equipment claimed Is part of a construction project) 11 Transportation and warehousing I1'> Utilities 13 Wholesale trade 14 Business services 15 Professional services 16 Education and health-care services 17 Nonprofit organization 18 Government 19 Not a business (explain)._ . —,20 Other (explain) J Agricultural production K Industrial production/manufacturing L Direct pay authorization —� M Multiple points of use (services, digital goods, or computer software delivered electronically) N Direct mall 0 Other (enter number from Instructions) - P Percentage exemption ❑ Advertising (enter percentage) _ g; ❑ Utilities (enter percentage) - % ❑ Electricity (enter percentage) 1 declare that the information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY.' If you try to evade paying sales tax by using an exemption certi tcate fo ems ors ervices that will be used for purposes other than those being claimed, you may be frned — ender Minn e to l�for ch trans lion or which the certficate Is used.)�ralginhnrire Pu f Print Name Here Title Date Kerri Schramel — CFO 10/4/22 Rev, /19 Page 14 of 948 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 5, 2023 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent DATE: SUBJECT: TENNANT COMPANY: RECOMMENDATION: CITY COUNCIL MEMO 2023-1218 A RESOLUTION TO AUTHORIZE THE PURCHASE OF A 2023 TENNANT S30 SWEEPER FROM STAPLES IN THE AMOUNT OF $78,004.37, PLUS SURCHARGES, FREIGHT CHARGES AND DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (101320-SCC), AND TO APPROVE A BUDGET ADJUSTMENT. BACKGROUND: Unit 9188 is a 2014 Tennant S30 sidewalk sweeper that has been in service since May of 2014. It has reached replacement with a current FASTER score of 15/15 points. DISCUSSION: In the latter half of this year unit 9188 has had increasing issues with the drivetrain and fuel system and has caused increased downtime for the Parking Division. This unit was due for replacement in 2020 but through preventative maintenance and care from the Fleet Division, we have been able to keep it running three years past its useful life. The estimated timeline for the replacement unit's delivery is 6 months from time of an approved purchase order. BUDGET/STAFF IMPACT: Due to inflation and manufacturer level price increases along with additional options on the replacement unit, a Budget adjustment is being submitted for your approval. This unit was presented at the November 14th Equipment Committee. ATTACHMENTS: SRF (#3), BA (#4), City of Fayetteville Trade S30 Quote 11.1.23 (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 15 of 948 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1218 TENNANT COMPANY: A RESOLUTION TO APPROVE THE PURCHASE OF A 2023 TENNANT SWEEPER FROM STAPLES IN THE AMOUNT OF $78,004.37, PLUS ANY APPLICABLE SURCHARGES, FREIGHT CHARGES, AND DELIVERY FEES PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Unit 9188, a 2014 Tennant S30 sidewalk sweeper has been in service since May of 2014 and has reached replacement with a current FASTER score of 15115 points; and WHEREAS, the unit was due for replacement in 2020, but the Fleet Division has been able to keep it running three years past its useful life. NOW, THEREFORE, 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 approves the purchase of a 2023 Tennant S30 Sweeper from Staples for the total amount of $78,004.37, plus any applicable surcharges, freight charges, and delivery fees, pursuant to Sourcewell Cooperative Purchasing Contract #101320-SCC. 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. Page 1 Page 16 of 948 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2023-1218 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/24/2023 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A 2023 TENNANT S30 SWEEPER FROM STAPLES IN THE AMOUNT OF $78,004.37, PLUS SURCHARGES, FREIGHT CHARGES AND DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (101320-SCC), AND TO APPROVE A BUDGET ADJUSTMENT. 9700.770.1920-5802.00 Account Number 02080.2020 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Shop Fund Other Vehicles and Equipment Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 877,592.00 $ 189,709.78 Is 687,882.22 $ 78,004.37 $ 35,100.00 e. 644,977.85 Previous Ordinance or Resolution # Approval Date: V20221130 Page 17 of 948 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 FLEET OPERATIONS (770) 2023 Requestor: Ross Jackson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A 2023 TENNANT S30 SWEEPER FROM STAPLES IN THE AMOUNT OF $78,004.37, PLUS SURCHARGES, FREIGHT CHARGES AND DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (101320-SCC), AND TO APPROVE A BUDGET ADJUSTMENT. COUNCIL DATE: 12/5/2023 ITEM ID#: 2023-1218 Nolly Black 1711612023 9:35 AM Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 35,100 35,100 v.2023109 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 9700.770.1910-4999.99 - 35,100 RE Use Fund Balance - Current 9700.770.1920-5802.00 35,100 - 02080 2020 EX Vehicles & Equipment - base i r I Page 18 of 948 15taples CITY OF FAYETTEVILLE 1525 S HAPPY HALLOW ROAD FAYETTEVILLE, AR 72701-7258 ATTN: ROSS JACKSON Price Quote Quote Date: 10/24/2023 Quote Valid: 12/31/2023 Quote is inclusive of all available Sourcewell contract 101320-SCC discounts and/or incentives. No other discounts or rebates will apply. Line PRODUCT DESCRIPTION UOM CITY List Price Ext Price $ 85,004.37 (includes 1 TENNANT S30 SWEEPER EA 1 $85,836.00 freight $1923.86) S30 Gas Sweeper, Add XP Trim, Productivity Package, Safety Light outdoor package, Dial Side brush with water shield, cab with climate control (AC/Heat), foam -filled rear tire, and winch hook, extended *plus tax (if applicable) warranty and service manual. 1 Trade in on Existing S30 Sweeper to be picked up by Tennant EA 1 $ (7,000.00) $78,004.37 Sourcewell savings: $2782.22 Quoted By / Remit PO to: Name Andrew Matz - Director Facility Solutions Phone (617) 851-5673 Email andrew.matzCilstagles.com Page 19 of 948 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 5, 2023 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent DATE: SUBJECT: STRAIGHT'S LAWN AND GARDEN INC.: RECOMMENDATION: CITY COUNCIL MEMO 2023-1219 A RESOLUTION TO AUTHORIZE THE PURCHASE OF (3) GRASSHOPPER 325D MOWERS FROM STRAIGHTS LAWN AND GARDEN INC. OF SPRINGDALE ARKANSAS IN THE AMOUNT OF $49,653.00, PLUS ANY APPLICABLE SURCHARGES, FREIGHT CHARGES AND DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE, PURSUANT TO A OMNIA COOPERATIVE PURCHASING CONTRACT (22- 6640). BACKGROUND: Units 5091, 5093 and 5094 are 2019 Kubota ZD1211 R-60R mowers with current FASTER scores of 15/15 points. DISCUSSION: All three mowers are assigned to the Transportation Right of Way Division and they are beginning to have increased or costly repairs. Unit 5093 currently has been put out of service due to the repairs needed and Fleet recommends their replacement prior to next year's cutting season. Transportation has demo'ed the Grasshopper 325D and would like to move forward with the purchase of three of these units due to their successful use in some of the harder right of way areas the Kubota's were having trouble maintaining. BUDGET/STAFF IMPACT: All three units were up for replacement in 2023 and even with additional options included, come in under budget. This unit was presented at the November 14th Equipment Committee. ATTACHMENTS: SRF (#3), Grasshopper 325D Quote (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 20 of 948 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1219 STRAIGHT'S LAWN AND GARDEN INC.: A RESOLUTION TO APPROVE THE PURCHASE OF THREE GRASSHOPPER MOWERS FROM STRAIGHT'S LAWN AND GARDEN, INC. IN THE TOTAL AMOUNT OF $49,653.00, PLUS ANY APPLICABLE SURCHARGES, FREIGHT CHARGES, AND DELIVERY FEES PURSUANT TO AN OMNIA COOPERATIVE PURCHASING CONTRACT 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 approves the purchase of three grasshopper 325D Mowers from Straight's Lawn and Garden, Inc. for the total amount of $49,653.00, plus any applicable surcharges, freight charges, and delivery fees, pursuant to OMNIA Cooperative Purchasing Contract 22-6640. Page 1 Page 21 of 948 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2023-1219 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/24/2023 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A RESOLUTION TO AUTHORIZE THE PURCHASE OF (3) GRASSHOPPER 325D MOWERS FROM STRAIGHTS LAWN AND GARDEN INC. OF SPRINGDALE ARKANSAS IN THE AMOUNT OF $49,653.00, PLUS ANY APPLICABLE SURCHARGES, FREIGHT CHARGES AND DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE, PURSUANT TO A OMNIA COOPERATIVE PURCHASING CONTRACT (22-6640). 9700.770.1920-5802.00 Account Number 02083.2023 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Shop Fund Tractors and Mowers Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 960,758.00 $ 105,798.29 $ 854,959.71 $ 49,653.00 805,306.71 Previous Ordinance or Resolution # Approval Date: V20221130 Page 22 of 948 Quoted Oct 23, 2023 Vendor: Moridge Mfg. Inc. 105 Old Highway 81 S. P.O. Box 810 Moundridge, KS 67107 Contact: Brent Dobson bdobson @grasshoppermower.co m Configuration #1 # Item Quoted by Straight's Lawn & Garden Inc 3218 N Thompson St Springdale, AR 72764 P: (479) 751-2233 SANDY STRAIGHT OWNER E; shopstraights ftahoo.com P:479.751-2233 C:479-841- 7784 3 Model 325D (534157) 898cc MaxTorque? Diesel Engine; "no - gears" hydraulic pump -and -wheel -motor transmission; heavy-duty extra -deep 61" cutting deck; luxury seat and shock - absorbing footrest 3 4X Rear Discharge Deck - 61" In lieu of standard 61" deck for 325D / 329-61. (534348) 3 Premier Suspension Seat (533580) 3 Bar Tread Tires - 24 x 12-12 (in lieu) (533519) 3 Foldable ROPS w/ Seatbelt (533551) 3 Worklight Kit - LED (503339) Configuration #1 Subtotals: Quoted for CITY OF FAYETTEVILLE ROSSJACKSON P:479-444-3494 Based on Quote #77005N02314 List (Qty 1) Sale (Qty 1) Sale Total $19,300,00 $14,668.00 $44,004.00 $350.00 $297.50 $892.50 $810.00 $688.50 $2,065.50 $195.00 $165.75 $497.25 OMNIA P A R T N E R S (U.S. Communities) Contract ID: #22-6640 Contract Period: 05/15/2022- 05/14/2025 List Total: $62,910.00 Contract: $48,262.50 Additional Pricing Adjustments + Freight $600,00 Grand Total: $48,862.50 Stipulation(s): ✓ Quote Expires in 60 days ✓ Additional Stipulations: CITY OF FAYETTEVILLE & WASHINGTON CO $165.00 $140.25 $420.75 RECEIVES THE SALES TAX $150.00 $127.50 $382.50 # ti� $20, 970.00 $16, 087.50 $48,262.50 0�2530y3 3 -� �3 /<<� Approved by: Signature: Date: P") # Disclaimer: QuikQuote is a complementary tool available to authorized Grasshopper equipment dealers ("Dealer"). By using QuikQuote, Dealer assumes full responsibility for accuracy of all quotes, orders, hangtags and warranty registrations. All costs are based on applicable factory Manufacturer Suggested Retail Price ("MSRP"). Dealer is responsible for selecting applicable factory MSRP according to shipment date and/or invoice. Prices and programs are subject to change without notice before or after a quote is prepared. Freight is not included in MSRP. Whole Goods & Accessories will be invoiced based on MSRP at time of shipment. The Grasshopper Company, including its employees, vendors, agencies and/or representatives, is not responsible or liable for miscalculations or other errors (including, but not limited to: selected MSRPs, trade discounts, program discounts, financing fees, program credits, trade in allowances, freight charges, set up charges and sales taxes) made by Dealer or Dealer representatives while using QuikQuote. Contact the Grasshopper factory office or a Grasshopper factory sales representative if questions arise regarding pricing, programs and/or compatibility of available Kits and Accessories. Page 23 of 948 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 5, 2023 CITY COUNCIL MEMO 2023-1283 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir DATE: SUBJECT: Approval of Bid 23-35 Contract with Terra Firma Restorations for the Town Center Roof Restoration RECOMMENDATION: Approval of Bid 23-35 Contract with Terra Firma Restorations for the Town Center Roof Restoration in the amount of $303,490.00, which includes $27,590.00 in owner contingency, and approval of a budget adjustment. BACKGROUND: In December 2022, Council passed resolution 275-22 that added a roof top solar array to the Town Center to the RFQ-20-06 contract with Johnson Controls Inc. In December 2022, Council passed resolution 276-22 approving the City to enter into a repayment contract with A & P Commission for the Solar Array. On March 2023, Council passed resolution 77-23 approving a new lease agreement with the Town Center that states major systems will be the responsibility of the City to repair or replace. In April of 2023, Council passed resolution 80-23 approving RFQ#22-10 Contract with WER Architects for design and bid documents for the Town Center Roof. DISCUSSION: This roof coating system includes a 15 year warranty with the option to renew the warranty in 5 year increments. BUDGET/STAFF IMPACT: Funding from 2023 Sales Tax Capital Improvements fund. ATTACHMENTS: SRF (#3), BA (#4), Bid 23-35, Contract (City Of Fayetteville) (#5), Bid 23-35, Appendix A - City Issued Bid (#6), Bid 23-35, Appendix B - Terra Firma's Bid Submittal (#7), Bid 23-35, Appendix C Bid Tab - Final (#8) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 24 of 948 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1283 Approval of Bid 23-35 Contract with Terra Firma Restorations for the Town Center Roof Restoration A RESOLUTION TO AWARD BID #23-35 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA RESTORATIONS, LLC IN THE AMOUNT OF $275,900.00 FOR THE TOWN CENTER ROOF RESTORATION, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $27,590.00, AND TO APPROVE 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 #23-35 and authorizes Mayor Jordan to sign a contract with Terra Firma Restorations, LLC in the amount of $275,900.00 for the Town Center Roof Restoration, and further approves a project contingency in the amount of $27,590.00. 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. Page 1 Page 25 of 948 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2023-1283 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/17/2023 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of Bid 23-35 contract with Terra Firms Restorations for the Town Center Roof Restoration in the amount of $303,490.00, which includes $27,590.00 in owner contingency, and approval of a budget adjustment. Budget Impact: 4470.140.8900-5315.00 Sales Tax Capital Improvements Account Number Fund 02046.2401 Building Improvements - Town Center Impr Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 967,492.00 $ 198,019.42 ? 769,472.58 $ 303,490.00 $ 303,490.00 769,472.58 Previous Ordinance or Resolution # Approval Date: V20221130 Page 26 of 948 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FACILITIES MANAGEMENT (140) /Org2 2023 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of Bid 23-35 contract with Terra Firms Restorations for the Town Center Roof Restoration in the amount of $303,490.00, which includes $27,590.00 in owner contingency, and approval of a budget adjustment. COUNCIL DATE: 12/5/2023 ITEM ID#: 2023-1283 Holly Black 7717312023 72:02 PIn RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.20231113 Account Name 4470.140.8900-5315.00 303,490 - 02046 2401 EX Contract Services 4470.140.8900-5400.00 (303,490) - 02046 1 EX Building & Grounds - Maintenance Iof1 Page 27 of 948 CITY OF FAYETTEVILLE ARKANSAS Contract for Services Construction —Town Center Roof Restoration Contractor/Vendor: Terra Firma Restorations Term: Single Project THIS AGREEMENT is made this 11th day of November , 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Terra Firma Restorations (Vendor or Terra Firma). CITY OF FAYETTEVILLE from time to time requires professional construction services in connection with construction projects. Therefore, CITY OF FAYETTEVILLE and Terra Firma, in consideration of their mutual covenants, agree as follows: Work performed by Terra Firma shall be performed under valid, active, current license with the Arkansas Contractor's Licensing Board. Terra Firma shall follow all federal, state, and local laws at all times. 1. Contracted parties and relationship: a. This agreement shall be binding between all parties. Fees shall be provided as identified in appendices. i. Terra Firma Tax identification number (TIN) ending in 0968 ii. Terra Firma Arkansas Contractor License No. 0286900324 iii. Terra Firma Secretary of State Filing No. 811000660 b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation among all Project participants. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: i. Appendix A: Bid package identified as Bid 23-35, Construction —Town Center Roof Restoration with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings, and issued addenda. ii. Appendix B: Terra Firma's bid submittal iii. Appendix C: Bid Tabulation iv. Appendix D: Terra Firma's Certificate of Insurance v. Appendix E: Terra Firma's 100% Performance and Payment Bonds 1. Appendix D and E shall be submitted to the City within the timeframe identified in the bid documents or 10 (ten) calendar days. b. This agreement may be modified only by a duly executed written instrument signed by the CITY and Terra Firma. c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders and written CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 1 of 20 City of Fayetteville, AR Page 28 of 948 amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) Terra Firma's Proposal (d) City's published bid and associated Addenda. 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Vendor: Terra Firma Restorations, 13470 LC Hickman Rd., Centerton, AR 72719 4. General Provisions: i. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall not pay or receive any contingent fees or gratuities to or from any other party, including agents, officer's employers, Subcontractors, Sub subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. ii. Workmanship: The Work shall be executed in accordance with the Contract Documents in a workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except as otherwise provided in the Contract Documents. iii. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or equipment furnished by City or Others, it shall be the responsibility of the vendor to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of the vendor shall be the responsibility of vendor and may be deducted from any amounts due or to become due. Any defects discovered in such materials or equipment shall be reported at once to the City and the City's contracted third -party Design Professional. Following receipt of written notice from vendor of defects, City and Design Professional shall promptly inform the City what action, if any, vendor shall take with regard to the defects. iv. WORKSITE VISIT: Vendor acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. v. Vendor shall perform all duties and responsibilities necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. 1. Cutting, patching, or altering the work of City or Others shall be done with the prior written approval of City and Design Professional. Such approval shall not be unreasonably withheld. vi. COMPLIANCE WITH LAWS: Vendor shall comply with all the Law at its own cost. Vendor shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Vendor its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. vii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to Vendor, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Vendor incurs costs or is delayed due to such loss or damage, Vendor may seek an equitable adjustment in the CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 2 of 20 City of Fayetteville, AR Page 29 of 948 Cost of the Work, Date of Substantial Completion or Date of Final Completion. Any equitable adjustment shall be approved by all parties. viii. Taxes and Permits: Vendor shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Vendor shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. 1. Vendor shall pay applicable taxes and permit fees associated with the entire project. ix. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. x. City may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. Vendor shall not unreasonably withhold consent to partial occupancy or use. xi. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. xii. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. xiii. Where figures are given, they shall be preferred to scaled dimensions. xiv. The drawings and specifications are complementary. If Work is shown only on one but not on the other, Vendor shall perform the Work as though fully described on both. Vendor shall seek clarification from the City or the City's third -party Design Professional for any discrepancies. xv. In case of conflicts between the drawings and specifications, the specifications shall govern unless otherwise stated in the bidding documents. In any case of omissions or errors in figures, drawings, or specifications, Vendor shall immediately submit the matter to City and Design Professional for clarification. The City's clarifications are final and binding, which may include third -party Design Professional content. xvi. DEBARMENT AND SUSPENSION: By execution of this agreement, Vendor certifies that to the best of its knowledge and belief that the Vendor and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three year period preceding this proposal been convicted of or had a civil judgment 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; CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 3 of 20 City of Fayetteville, AR Page 30 of 948 3. 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 (2) of this certification; and 4. (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. 5. Vendor understands that a false statement on 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 $50,000. 6. Certifications for subcontracts or sub subcontracts executed under this agreement shall include all language in this section. 5. Definitions: a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. b. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, and Date of Substantial Completion or Date of Final Completion. d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. "Cost of the Work" means the total costs and discounts charged to the City. f. The "Vendor" is the person or entity identified in this contract and includes Vendor's Representative. g. "Day" means a calendar day unless otherwise specified. h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. i. "Design Professional" means the licensed architect retained by the City and its subconsultants, to perform design services for the Project. j. "Final Completion" occurs on the date when Vendor's obligations under this Agreement are complete and accepted by City and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by all Parties. k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with City and Design Professional after execution of this Agreement and before Substantial Completion. Interim Directives shall be consolidated and formalized in a change order to be signed by all parties. m. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Vendor must comply that are enacted as of the Agreement date. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 4 of 20 City of Fayetteville, AR Page 31 of 948 n. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, sub subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of Vendor's employees in Vendor's principal and branch offices for work associated with this project. p. "Owner' is the City of Fayetteville, Arkansas (City). q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. r. The "Parties" are collectively City and Vendor. s. The "Project," is the building, facility, or other improvements for which Vendor is to perform Work under this Agreement. It may also include construction by Owner or Others. t. The "Schedule of the Work" is the document prepared by Vendor that specifies the dates on which Vendor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. u. "Subcontractor" is a person or entity retained by Vendor as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. w. A "Sub subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. x. A "Supplier" is a person or entity retained by Vendor to provide material or equipment for the Work. y. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. z. "Work" means the construction services necessary or incidental to fulfill Vendor's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others. aa. "Worksite" means the area of the Project where the Work is to be performed. bb. "Bi-monthly basis" means every fourteen to sixteen calendar days. 6. Contract Document Review and Administration a. Before commencing the Work, Vendor shall examine and compare the drawings and specifications with information furnished by the City and Design Professional that are considered Contract Documents, relevant field measurements made by Vendor, and any visible conditions at the Worksite affecting the Work. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 5 of 20 City of Fayetteville, AR Page 32 of 948 b. Should Vendor discover any errors, omissions, or inconsistencies in the Contract Documents, Vendor shall promptly report them to the City and Design Professional. Following receipt of written notice from Vendor of defects, City shall promptly inform Vendor what action, if any, Vendor shall take with regard to the defect. c. Nothing in this section shall relieve VENDOR of responsibility for its own errors, inconsistencies, or omissions. d. COST REPORTING: Vendor shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management under this Agreement. Vendor shall maintain a complete set of all books and records prepared or used by Vendor with respect to the Project. City shall be afforded access to all of Vendor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. Vendor shall preserve all such records for a period of three years after the final payment or longer where required by Law. 7. Warranty a. Vendor warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, Vendor shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Vendor further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Vendor's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by the City or others, or abuse. Vendor's warranty shall commence on the Date of Final Completion of the Project. b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. For such incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. c. Vendor shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. Vendor's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement. After that period Vendor shall provide full and comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. d. Correction of Work If before Substantial Completion or within two -years after the date of Final Completion of the Work any Defective Work is found, City shall promptly notify Vendor in writing. Unless City provides written acceptance of the condition, Vendor shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the two-year correction period City discovers and does not promptly notify Vendor or give Vendor an opportunity to test or correct Defective Work as reasonably requested by Vendor, City waives Vendor's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 6 of 20 City of Fayetteville, AR Page 33 of 948 ii. If Vendor fails to correct Defective Work within a reasonable time after receipt of written notice from City before final payment, City may correct it in accordance with Owner's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due Vendor. If payments then or thereafter due Vendor are not sufficient to cover such amounts, Vendor shall pay the difference to City. iii. Vendor's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two-year correction period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify Vendor and allow Vendor an opportunity to correct the Work if Vendor elects to do so. If Vendor elects to correct the Work, it shall provide written notice of such intent within fourteen (14) Days of its receipt of notice from City and shall complete the correction of Work within a mutually agreed timeframe. If Vendor does not elect to correct the Work, City may have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs from Vendor, City shall promptly provide Vendor with an accounting of the actual correction costs. iv. If Vendor's correction or removal of Defective Work causes damage to or destroys other completed or partially completed work or existing building, Vendor shall be responsible for the cost of correcting the destroyed or damaged property. v. The two-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of Vendor's other obligations under the Contract Documents. vi. Before final payment, at City option and with Vendor's agreement, City may elect to accept Defective Work rather than require its removal and correction. In such cases the contract shall be equitably adjusted for any diminution in the value, as determined by City, of the Project caused by such Defective Work via formal written change order. 8. Safety of Persons and Property a. SAFETY PROGRAMS: Vendor holds overall responsibility for safety programs. However, such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Vendor shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite. b. VENDOR'S SAFETY REPRESENTATIVE: Vendor shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by Vendor in writing to City, Vendor's project superintendent shall serve as its safety representative. Vendor shall report promptly in writing all recordable accidents and injuries occurring at the Worksite. When Vendor is required to file an accident report with a public authority, Vendor shall furnish a copy of the report to City. c. Vendor shall provide City with copies of all notices required of Vendor by the Law. Vendor's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. i. Damage or loss not insured under property insurance that may arise from the Work, to the extent caused by negligent or intentionally wrongful acts or omissions of Vendor, or anyone for whose acts Vendor may be liable, shall be promptly remedied by Vendor. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 7 of 20 City of Fayetteville, AR Page 34 of 948 d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Vendor's safety program, may require Vendor to stop performance of the Work, take corrective measures satisfactory to City. If Vendor does not adopt corrective measures, City may perform them and deduct their cost from the GMP. Vendor agrees to make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final Completion based on Vendor's compliance with City's reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Vendor agrees to bind every Subcontractor and Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. Vendor agrees not to subcontract Vendor at risk related services without prior written consent from the City. 10. Fees, Expenses, and Payments: a. Terra Firma, at its own cost and expense, shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 23-35 as stated in Terra Firma's bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 23-35, all included herein as if spelled out word for word. b. This turn -key project providing labor and materials shall be provided to the City for a not to exceed fee of $303,490.00 US Dollars ($275,900.00 total bid plus $27,590.00 for an owner contingency). c. The City of Fayetteville shall pay Terra Firma for completion of the project based on a percentage of work completed. At no point shall payment exceed the percentage of work completed, as determined by the City. d. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. The City of Fayetteville does not agree to any interest or penalty for "untimely" payments. e. The City reserves the right to withhold five percent (5%) retainage from all payments until project is completed in full. f. Not to exceed pricing shall include but not be limited to: i. Labor wages directly employed by Vendor in performing of the Work. ii. Salaries of Vendor's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in writing. iii. Cost of all employee benefits and taxes, including but not limited to, workers' compensation, unemployment compensation, social security, health, welfare, retirement, and other fringe benefits as required by law, labor agreements, or paid under Vendor's standard personnel policy, insofar as such costs are paid to employees of Vendor who are included in the Cost of the Work. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 8 of 20 City of Fayetteville, AR Page 35 of 948 iv. Transportation, travel, hotel, and moving expenses of Vendor's personnel incurred in connection with the Work. v. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection and testing if not provided by City, transportation, storage, and handling. vi. Payments made by Vendor to Subcontractors for work performed under this Agreement. vii. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers that are used or consumed in the performance of the Work, less salvage value or residual value; and cost less salvage value on such items used, but not consumed that remain the property of Vendor. viii. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from Vendor or others, including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive market rates. ix. Cost of the premiums for all insurance and surety, performance or payment bonds which Vendor is required to procure or deems necessary and approved by City. x. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Vendor is liable. xi. Permits, taxes, fees, licenses, tests, royalties. xii. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work during the Construction Phase and for the warranty period. xiii. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the field office and site. xiv. Water, power, and fuel costs necessary for the Work. xv. Cost of removal of all nonhazardous substances, debris, and waste materials. xvi. Costs incurred due to an emergency affecting the safety of persons or property. xvii. Costs directly incurred in the performance of the Work or in connection with the Project, and not included in Vendor's Fee, which are reasonably inferable from the Contract Documents. g. STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents, applications for payment may include materials and equipment not yet incorporated into the Work but delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs incurred transporting the materials to an offsite storage facility. Approval of payment applications for stored materials and equipment stored offsite shall be conditioned on a submission by Vendor of bills of sale and proof of required insurance, or such other documentation satisfactory to City to establish the proper valuation of the stored materials and equipment, City's title to such materials and equipment, and to otherwise protect City's interests therein, including transportation to the Worksite. Materials and equipment stored offsite shall be in a bonded and insured secure facility. h. FINAL PAYMENT: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, Terra Firma shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by Terra Firma to be set forth therein. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 9 of 20 City of Fayetteville, AR Page 36 of 948 i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against Terra Firma or sureties under this Agreement. 11. Project Bonding - Performance and payment bonding: After execution of this contract by all parties, Terra Firma shall provide 100% separate performance and payment bonds (inclusive of any approved contingency) from a bonding company, licensed to do business in the state of Arkansas. Bonds shall be provided within ten (10) calendar days after this contract has been executed by all parties. a. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in the contract documents as a hard not -to -exceed date. If such dates are not established upon the execution of this Agreement, a Date of Substantial Completion and Date of Final Completion of the Work shall be established via Change Order. b. Time is of the essence with regard to the obligations of the Contract Documents. c. Unless instructed by City in writing, Vendor shall not knowingly commence the Work before the effective date of Vendor's required insurance and bonds and formal written and signed Purchase Order issued by the City of Fayetteville Purchasing Division. d. Schedule of Work: Before submitting its first application for payment, Vendor shall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Vendor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Vendor shall comply with the approved Schedule of the Work or Vendor. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require Vendor to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. If Vendor consequently incurs costs or is delayed, the Dates of Substantial or Final Completion, or both, Vendor may seek equitable adjustment. e. NOTICE OF DELAY CLAIMS: If Vendor requests an equitable extension of the Contract Time or an equitable adjustment contract as a result of a delay described, Vendor shall give City written notice of the claim. If Vendor causes delay in the completion of the Work, City shall be entitled to recover its additional costs. 13. Substantial Completion: a. Vendor shall notify City and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to have been achieved. City, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by City without excessive interference in completing any remaining unfinished Work. If City determines the Work or designated portion has not reached Substantial Completion, City, with the assistance of its Design Professional, shall promptly compile a list of items to be completed or corrected so City may occupy or use the Work or designated portion for its intended use. Vendor shall promptly and accurately complete all items on the list. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 10 of 20 City of Fayetteville, AR Page 37 of 948 b. When Substantial Completion of the Work or a designated portion is achieved, Vendor shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and the respective responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by Vendor to City and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. c. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion. d. Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Vendor the remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by Vendor in a mutually agreed upon timeframe. 14. Final Completion: a. Upon notification from Vendor that the Work is complete and ready for final inspection and acceptance, City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. b. When the Work is complete, Vendor shall prepare for City's written acceptance a final application for payment stating that to the best of Vendor's knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. c. Final payment shall be made to Vendor within thirty (30) Days after Vendor has submitted an application for final payment, pending the application has been approved by the City, including submissions required, and a Certificate of Final Completion has been executed by all Parties. d. Final payment shall be due on Vendor's submission of the following to the City: i. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; iii. release of any liens, conditioned on final payment being received; iv. consent of any surety; and v. any outstanding known and unreported accidents or injuries experienced by Vendor or its Subcontractors at the Worksite. e. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of Vendor. If approved by City, they shall pay the balance due for any portion of the Work fully completed and accepted. If the remaining contract balance for Work not fully completed and accepted is less than the retained amount before payment, Vendor shall submit to City and, if directed, Design Professional the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 11 of 20 City of Fayetteville, AR Page 38 of 948 f. ACCEPTANCE OF FINAL PAYMENT: Unless Vendor provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. g. Terra Firma shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: i. 'According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety ).' ii. Terra Firma shall have each subcontractor, sub -subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor or material supplier. 15. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 16. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 17. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 18. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the VENDOR shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 19. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 20. Insurance: a. Before starting the Work and as a condition precedent to payment, Vendor shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. Vendor shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. Vendor's Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix D. b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. Vendor shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If Vendor fails to obtain or CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 12 of 20 City of Fayetteville, AR Page 39 of 948 maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Vendor or terminate this Agreement. d. To the extent commercially available to Vendor from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, Vendor shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Vendor shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the City as Additional Insured Parties. f. PROPERTY INSURANCE: i. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. ii. Unless otherwise directed in writing by City, before starting the Work, Terra Firma shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name Vendor, Subcontractors, Sub subcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: 1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Vendor) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. damage resulting from defective design, workmanship, or material; 3. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project; 4. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 5. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 6. physical loss resulting from Terrorism. iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 13 of 20 City of Fayetteville, AR Page 40 of 948 amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has been made or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until City has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City shall provide a copy of the property policy or policies obtained. iv. If City elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City shall give written notice to Vendor before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. City may then provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed to such failure. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, sub subcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. 1. To the extent of the limits of Vendor's Commercial General Liability Insurance, Vendor shall indemnify and hold harmless City against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of City's existing adjacent property, including personal property, that may arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of Vendor, Subcontractor, Supplier, Sub subcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final Completion. h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Vendor to purchase and maintain additional liability coverage. Vendor shall provide: Additional Insured. City shall be named as an additional insured on Vendor's Commercial General Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella liability, commercial automobile liability, and any required pollution liability, but only with respect to liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of Vendor, or those acting on Vendor's behalf, in the performance of Vendor's work for Owner at the Worksite. The insurance of the Vendor and its Subcontractors (both primary and excess) shall be primary to any insurance available to the Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non- contributory. ii. OCP. Vendor shall provide an Owners' and Contractors' Protective Liability Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 14 of 20 City of Fayetteville, AR Page 41 of 948 i. Any documented additional cost in the form of a surcharge associated with procuring the additional liability coverage in accordance with this subsection shall be paid by VENDOR. Before commencing the Work, Vendor shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that City has been named as an additional insured, as applicable. i. ROYALTIES, PATENTS, AND COPYRIGHTS: Vendor shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Vendor and incorporated in the Work. Vendor shall defend, indemnify, and hold City harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. PROFESSIONAL LIABILITY INSURANCE: To the extent Vendor is required to procure design services, Vendor shall require its design professionals to obtain a commercial professional liability insurance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to City, including coverage for all professional liability caused by any consultants to Vendor's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. Vendor's design professional shall pay the deductible. The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all Services performed by the Constructor's design professional for this Project. Coverage shall be continued in effect for the entire warranty period. 21. Professional Responsibility: Terra Firma will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to Terra Firma any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so Terra Firma can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of Terra Firma. 22. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Terra Firma: i. Provide full information as to the requirements for the Project. ii. Assist Terra Firma by placing at Terra Firma's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist Terra Firma in obtaining access to property reasonably necessary for Terra Firma to perform its services. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by Terra Firma and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to Terra Firma in a timely manner. vi. The City of Fayetteville Facilities Director is the project representatives with respect to the services to be performed under this Agreement. The Facilities Director Representative shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 23. Cost Opinions and Projections: Cost opinions and projections prepared by the Terra Firma relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 15 of 20 City of Fayetteville, AR Page 42 of 948 estimating, and operating results are based on Terra Firma experience, qualifications, and judgment as a Terra Firma professional. 24. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. Terra Firma shall proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. 25. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that Terra Firma is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to Terra Firma at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of Terra Firma's default. d. If termination for default is affected by Terra Firma, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to Terra Firma for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Terra Firma relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action under Paragraphs above, Terra Firma shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Terra Firma in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 16 of 20 City of Fayetteville, AR Page 43 of 948 g. If, after termination for failure of Terra Firma to fulfill contractual obligations, it is determined that Terra Firma had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 26. Delays a. In the event the services of Terra Firma are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond Terra Firma's reasonable control, Terra Firma shall be entitled to additional compensation and time for reasonable documented costs incurred by Terra Firma in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by Terra Firma, CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 27. Rights and Benefits a. Terra Firma services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 28. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and Terra Firma which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or Terra Firma in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give Terra Firma written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and Terra Firma shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of Terra Firma, and the Mayor of CITY OF FAYETTEVILLE or his or her designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 17 of 20 City of Fayetteville, AR Page 44 of 948 29. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment to Terra Firma for services rendered by Terra Firma. All parties agree if funding should become insufficient to complete the project, VENDOR shall be notified in a timely manner. 30. Publications: a. Recognizing the importance of professional services on the part of Terra Firma's employees and the importance of Terra Firma's public relations, Terra Firma may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to Terra Firma's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to Terra Firma, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of Terra Firma's activities pertaining to any such publication shall be for VENDOR's account. 31. Indemnification: a. The CITY requires the Terra Firma to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any loss caused by negligence and from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Terra Firma, or their employees, agents, Subcontractors, sub consultant and Suppliers of the Terra Firma. 32. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. Terra Firma may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by Terra Firma as part of the Services shall become the property of CITY OF FAYETTEVILLE when Terra Firma has been compensated for all Services rendered, provided, however, that Vendor shall have the unrestricted right to their use. Terra Firma shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Terra Firma. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. Terra Firma makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 33. Additional Responsibilities of Terra Firma: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve Terra Firma of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 18 of 20 City of Fayetteville, AR Page 45 of 948 b. Terra Firma shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by Terra Firma's negligent performance, except beyond the Terra Firma's normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE- furnished data. c. Terra Firma's obligations under this clause are in addition to Vendor's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against Terra Firma for faulty materials, equipment, or work. 34. Audit and Access to Records: a. Terra Firma shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. Terra Firma shall also maintain the financial information and data used by Terra Firma in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. Terra Firma will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of Terra Firma; 2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 35. Covenant Against Contingent Fees: a. Terra Firma warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Terra Firma for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 19 of 20 City of Fayetteville, AR Page 46 of 948 deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 36. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that Terra Firma or any of Terra Firma agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to Terra Firma terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against Terra Firma as it could pursue in the event of a breach of the Agreement by Terra Firma. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs Terra Firma incurs in providing any such gratuities to any such officer or employee. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and TERRA FIRMA RESTORATIONS by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE. ARKANSAS By: Lioneld Jordan, Mayor ATTEST By: Kara Paxton, City Clerk Date Signed: TERRA FIRMA RESTORATIONS By: 4� Tyler Kerley, Manager of Operations Date Signed: CONTRACT: Bid 23-35, Construction —Town Center Roof Restoration Page 20 of 20 City of Fayetteville, AR 11 /10/2023 Page 47 of 948 City of Fayetteville, Arkansas Wis CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8258 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 23-35, Construction —Town Center Roof Res on DEADLINE: THURSDAY, OCTOBER 12, 2023 before 2:00 PM, Locime PRE -BID MEETING: Thursday, September 28, 2023 at 2:00 PM �-arbgov om #111 of City Hal SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fa et DATE OF ISSUE & ADVERTISEMENT: 09/17/2 & 023 No late bids shall be accepted. Bids shall be submitt' electronic bidding platform or (2) delivering in p a Submitting through the City's electronic biddin rm i with the attached City of Fayetteville specif' and every blank and shall supply all informZ'�NN atiested OT C All interested parties can obtain file distributed electronically from the Ci FILE#00: REQUIRED SIGN WAFORMS-4Tot; FILE #01: PROJECT M L — 70 Total Pages FILE #02: PLANS la heets *Additi a added as addendums are issued platform of tje�ollowin� s: (1) through the City's third -party seai�y[elope • encoui �► ments t to d(LA ty o Fi(c1h etteville Purchasing Division. F All I;d I be submitted in accordance t� bidder is required to fill in e use s sis of rejection. Bid documents shall be Addendums will be uploaded and posted to the City's electronic bidding *PLAN HOLDER LISTINGS: A listing of vendors who have received documents can be found in the City's electronic bidding platform under the project section tab titled 'Plan Holders'. Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. Page 48 of 948 �V cop 0 THIS PAGE INTE NAbt Y L FTBLANK O � P b o 0 o � � o, G Telecommun,cawns Device for the Deaf TDD (479) 521-1316 1 13 West Mountain - Fav- ' Page 49 of 948 CITY OF P_ FAYETTEVILLE 49W ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a regy�irement. F 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etz o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in t. of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). C 's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadlin g an in -person delivery appointment with the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate f ubmitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extend to rev ellTie item price as well as the total bid price. Total base bid should be calculated in the provided +ce. All pages provided with signature lines shall b priately g d, dated a co ngly, and included with submitted bid documents ♦ � ` All bids shall be received before the st a deadline II� the Ct.53 Iaroni latform or submitting a physical sealed bid to the City Purchasing i Sub it bid e lly is st encouraged. A public bid opening F-1*k will be conducted aft d at g ity Hall and livestreamed at htt s: www. outube.com use cit offa e ' ar. Lair isdire d' As shall not be accepted. The City of Fayetteville shall not be responsible for mis ' e3lyfds, or fae�f bidders technical equipment. If submitting a physical bid, all bid documents s eliv e a sealed e lojt to the address stated in the advertisement or updated deadline issued via AClenda. All bids s Id be deliv th the name of the bidder (contractor) on the sealed envelope as well as the bidde NAr nsas Con ra 's Lice \nber. Additional lnformatio i d: O • List of Sub rs: Subm orm on �I tform or attach if submitting a physical bid. • AR Secretar QAtate Film #: OR submit electronically. g Y • Arka ontractor License #: OR submit electronically. • Is; Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently ♦`Israel and will not boycott Israel during any time in which they are entering into, or while in contract, h any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: YES or NO Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: YES or NO Telecommun,cat*ns Device for the Deaf TDD (479) 521-1316 113WOM Mountain - Fay... ' Page 50 of 948 �V cop 0 THIS PAGE IN I LL FT BLANK Q' � o 0 o � � o, G Telecommun,cawns Device for the Deaf TDD (479) 521-1316 1 13 West Mountain - Fav-' Page 51 of 948 City of Fayetteville, Arkansas INVITATION TO BID Bid 23-35, Construction —Town Center Roof Restoration The City of Fayetteville is accepting sealed bids from properly licensed firms for the construction and restoration of the existing modified bitumen roofing system at the Fayetteville Town Center. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov. A non -mandatory Pre -Bid meeting will be held Thursday, September 28, 2023 at 2:00 PM, in Room f Fayetteville City Hall. Information regarding the pre -bid meeting is available on the project page on the Cit ctronic bidding platform. All interested parties are encouraged to attend. V Bidding documents, plans, plan holders, and addenda shall be obtained at the City of F 4 ett ville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be receiv by ursday, October 12, 2023 before 2:00 PM, local time utilizing the electronic bidding software or by su tt g a sealed bid to the City of Fayetteville Purchasing Division. All bids shall be received prior to the bid dea4 ate or misdirected bids shall not be accepted. Submitting a bid electronically is strongly en ged. Acu0 bidopening will be conducted shortly after the deadline at City Hall and livestreamed at htt s: ww. ou com/user/cityoffayettevi Ilea r. The City of Fayetteville shall not be responsible for lost or misdir i ` s, or failure of biddy> 's technical equipment. Each bid exceeding $50,000 shall be accompan'a cash' eck ' ank doing business in the State of Arkansas or a corporate bid bond for five 5 t of the bid. I ent a der opts to submit a cashier's p () p p' p check for a bid bond, the actual physical s the I be de to rior to the deadline. A one hundred percent (100%) performance nd se payme d is with the contract awarded. A State of Arkansas Contractor's Lice quire bids eyc g $5 00 d license shall be valid at the time of bid deadline. Any vendor perform g a serve I be reed with,;.&gkansas Secretary of State. Pursuant to Arkansas Code Annotated women business enterprises to bi Fayetteville encourages all general o and women business enterprjpes. The City for a PE [he right tNuaive ed beyond ninety :encourages all qualified small, minority and gods, services, and construction. Also, City of ons of their contract to qualified small, minority the award of any Contract City of F tl%?Ke By: 0 a eilfuss City Sr. Purchasing Agent P: 479.575.8220 Email: abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 09.17.23 & 09.24.23 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. Telecommun,cawns Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayet!c-. M, AR 7272, Page 52 of 948 CITY OF FAYETTEVILLE ARKANSAS TABLE OF CONTENTS BID 23-35, CONSTRUCTION -TOWN CENTER ROOF RESTORATION CITY DOCUMENTS V G INTRODUCTORY INFORMATION SECTION 00 TITLE PAGE SECTION 00 BIDDER'S CHECKLIST ♦`� SECTION 00 ADVERTISEMENT [� • V O SECTION 01 INSTRUCTION BIDDER O BID FORMS AND SUPPLEM40O SECTION 02 BID FORM V SECTION 03 CONTRA IF \NIQC"w SECTION 04 BID ON� SECTION 05 Rj ORM Ea SECTION 06 �PABOR AND ATE L P E T BOND I CONTR ERAL CONDITIONS r Requirements 1-43 Page 53 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION SECTION 01 INSTRUCTIONS TO BIDDERS PART ONE - DEFINED TERMS 1.1. Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these I structions to Bidders have the meanings indicated below which are applicable to both the singular and I thereof. 1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub- who submits a bid to a Bidder. n' V 1.3 Issuing Office - the office from which the Bidding Documents are to be isscind where the bidding procedures are to be administered. _�k 1.4 Successful Bidder - the lowest, responsible, and responsive Bidg'd) om the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as�inaft akes an award. 1.5 Local Time - Local time is defined as the a �f' ayettevil�*, Arkansa the due date of the deadline. Bids shall be received before the deadli as shpre� by thea lock located in the Purchasing Division Office. • O '` $I$ •� PART TWO - COPIES OF BIDDING DOC G ` 2.1 Complete sets of the B' 'n cume �he nu �d for e osit sum, if any, stated in the Advertisement for Bids be obta' om the Offic► 2.2 Complete sets of Bidding Do 1 er is mus d in a 'ng Bids. Neither City of Fayetteville nor Project Manager assum r sponsi& f r erro isinterpretations resulting from the use of incomplete sets of Biddi D cuments'0 2.3 City of Fayettevil Rroje er i R copies of Bidding Documents available on the above terms do so o I�j ��e purpos f ob n s777for the Work and do not confer a license or grant for any other�� PAR;TH - Exl 1INATION OF SITE AND CONTRACT DOCUMENTS 3.1sare advised that the Drawings and Specifications are on file at the City of Fayetteville Purchasing v sion and shall constitute all the information which the City of Fayetteville shall furnish. No other formation given or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications, and estimates, or be binding on City of Fayetteville. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all INSTRUCTIONS TO BIDDERS 1 Page 54 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions at may be encountered, the kind, quality and quantity of the plans, work to be done, excavation materials required and with full knowledge of the drawings, profiles, specifications, and estimat I provisions of the contract and Bonds. 3.3 Bidders shall promptly notify Project Manager of all conflicts, errors, ambigu 'es r discrepancies which Bidder has discovered in or between the Contract Documents and such qr related documents. 3.4 Information and data shown or indicated in the Contract Documen respect to existing underground facilities at or contiguous to the site is based upomati a ata furnished to City of Fayetteville and Project Manager by City of Fayetteville'Vesponsib,�fty uch under ound facilities or others, and City of ft Fayetteville and Project Manager do not 9�rfor the c�r acy or completeness thereof unless it is expressly provided otherwise (, SUppl tary Cq,n IS4 & 3.5 On request, City of Fayetteville wil vide ea er acce site t c duct such examinations, `,6 investigations, explorations, to , nd stu i _each B' eem scary for submission of a Bid. Bidder must fill all hole an cup r tore th o its rm ll onditions upon completion of such explorations, invest, tes d studies.(] p ✓ V" n• 3.6 Reference is made to the Gene quire r the id ti ' ation of the general nature of work that is to be performed at the site y f F4se e le or o such as utilities and other rime contractors p �Y p ) that relates to the work r w ich a Bid © sub r On request, and as available, City of Fayetteville will provide to eaoih Bidder, fo eVation, AaEss o or copies of Contract Documents (other than portions there d'�o pr' uch,aN 3.7 The sub 'GO o a Bid will con stitute(�jncontrovertible representation by Bidder that Bidder has comp ' every requirement of this Article 3, that without exception the Bid is premised upon pe ormi and furnishing the Work required by the Contract Documents and applying the specific means, .rn s, techniques, sequences, or procedures of construction (if any) that may be shown or indicated xpressly required by the Contract Documents, that Bidder has given Project Manager written notice all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Project Manager are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 3.8 Mobilization shall not exceed 5% of bid. INSTRUCTIONS TO BIDDERS 2 Page 55 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION 3.9 Any use of a third -party dumpster or roll -off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll -off container is not allowed. 3.10 Open burning and blasting are not allowed on City projects. 3.11 Contractor is responsible for obtaining all applicable permits; however, fees for City -issued permits shall be waived. 11 PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS �z 4.1 The lands upon which the Work is to be performed, rights -of -way and easeme t �.�cess thereto and other lands designated for use by Contractor in performing the Work ar id i ied in the Contract Documents. All additional lands and access thereto required for tem or construction facilities, construction equipment, or storage of materials and equipment to be i rated in the Work are to be obtained and paid for by Contractor. Easements for permanent res or permanent changes in existing facilities are to be obtained and paid for ity of Fa t e unless otherwise provided in the Contract Documents. PART FIVE -INTERPRETATION OF CONTRACT DO • NTS A A�DENDA 5.1 If an person contemplating submi //�� bid r c %34ruction Y p p g itt1�1�i - � meaning of any part of the pOWeE part of the proposed Contra to the Project Manage o submitting the request s P Interpretation or correction holders of Bidding Docurjm and other interpretatiolilk o responsible for anWother exl Addenda may 9161,0>e is in doubt as to the true ie in or omissions from any Sst for interpretation thereof for bid opening. The person U%g7 will be made only by Addendum to all I r�ormal written Addenda will be binding. Oral Ut legal effect. City of Fayetteville will not be of the proposed Contract Documents. uments as deemed advisable by City of Fayetteville Mmes all responsibility for checking the City's online bidding portal at www.fayetteville- s for updates and addenda issued to this project. - APPROXIMATE ESTIMATE OF QUANTITIES 6.1 Estimated quantities are approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. INSTRUCTIONS TO BIDDERS 3 Page 56 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION PART SEVEN - UNIT PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all the work as called for in the Specifications or indicated on the Drawings. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost ork to be done. Bids which appear unbalanced and are deemed not to be in the best interest of �*! ayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the tir project and the Work required and has reviewed the Drawings and Specifications to verify the f of the Work. PART EIGHT - BID FORM 8.1 Bids are due as indicated in the Advertisement fo O 8.2 Bids which are incomplete, unbalanced, c.V 'ti nal, or obs0bre or whiC ntain additions not called for, erasures, alterations, or irregularities kind oich do ply with these Instructions to Bidders may be rejected as informal -respo Qil�t the o &City Fayetteville. However, City of Fayetteville reserves the rig aive tee es as nges,\11"4ons, or revisions and to make the award in the best i of City a ettevill V- 8.3 Acceptance of Alternat i s at ity of eville's d cc tion, as best services the City of Fayetteville's interest. Eac dedut iltern i vided C%the Bid Form. The price of the Bid for each alternate will be the ait�to b��� d fro e price of the Total Base Bid if the City of Fayetteville selects any 71 of t►h�ernates7Qhe anit pri unt for each alternate shall be the same as the unit price amount listed ' the Bid.O 8.4 No Bidder shago-rfinancial u the infoionin► to any person whomsoever, except those having a partnership or interest gin in t e Bid, until after the bids have been opened. I 8.5 All bicl�MOII all costs including but not limited to sales tax, use tax, permits, insurance, etc. The *cotor on this project is defined by the Arkansas Revenue Laws as the user and is responsible for the riate taxes. There are NO provisions in this bid for a contractor to avoid taxes. The City of ville is not a tax-exempt entity. PART NINE - SIGNATURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given, and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the INSTRUCTIONS TO BIDDERS 4 Page 57 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writin filed with City of Fayetteville. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda G 9.6 Arkansas Contractor's License shall be valid at time of bid. _^ 9.7 Vendor shall not be debarred from doing business with any gover ntity. PART TEN - BID BOND 10.1 A five percent (5%) bid security, in the f • +Ktb id b d, or cashi eck from a bank located in the State of Arkansas, as stated in the Ad ment i , sha any each bid. Bid bonds for the difference in price between low b' 1►and s w bid not t acceptable. The Successful Bidder's security will be retaine ity of ville re v�c/a sig A reAment and required Bonds and Certificates of Insuran a Succe idd f ill execu a deliver the Agreement and furnish the required con curit h ifteen ter the tice of Selection, City of Fayetteville may annul the Notice of lection Bid se f that ill be forfeited. 10.2 The City of Fayetteville reserveRle right re in the se f the three low bidders until the Successful Bidder enters into thADCond act or u ty (6 ter bid opening, whichever is sooner. Cash equivalent security of a low biddy be exchanged for an equivalent bid bond after bid tabulations rVlete h (30) fter bid opening, whichever is sooner. If any Bidder refuses to en n Agree ent, Ci eville may retain Bidder's bid security as liquidated damagt � es a penalty. PART ELEVEN P RMANCE BOND AND PAYMENT BOND 11.1 4NO T TO PROCEED BONDS AND ORDERING PROCEDURES LAfter contract award, the Contractor will provide the City with a 100% performance bond and a separate payment bond, as required in the contract. 2. Upon the City receiving and accepting the 100% Performance and Payment Bonds, the City will issue a Purchase Order along with a Notice of Award (NOA). a. The Notice of Award shall serve as permission for the Contractor to order any materials needed to complete the project, specifically those with a long lead time. 3. The City will coordinate with the Contractor on the timing of the Notice to Proceed being issued, which shall take into consideration the expected delivery of items with a long lead time. INSTRUCTIONS TO BIDDERS 5 Page 58 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION 4. Calendar days for substantial and final completion shall not start until the day following the issuance of a Notice to Proceed. 5. The City will make progress payments for materials delivered on site, after verification of delivered materials by City. 11.2 After the Notice of Award has been issued, Contractor shall furnish two original surety performance bonds and payment bonds, equal to one hundred percent of the contract price. 11.3 If Required -- Contractor shall include provisions in the bonds which will guar the faithful performance of the prevailing hourly wage clause as required by the Arkansas a ing Wage Law, Arkansas Code Annotated § 22-9-308(d). 11.4 Contractor shall pay all expenses in connection with the obtaining of Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and Pay all indebtedness for labor and materials furnished or performed in the construction of such bons and additions as prescribed in this contract. 1;z11.* 11.5 The surety company issuing the Bonds m �e�'Solvent cojiRpany on turety Companies Annual List" issued by the U.S. Department of the Tr s , and t nds ark t Abe issued in an amount greater than the underwriting limitations for a rety�o glas set erein. 11.6 In Arkansas, prevailing law re a that perf rNce annent 1►public works contracts shall be executed by a reside t I a a ►ent license a Ins an ommissioner to represent the surety company executi on cling wit Bonds i ower of Attorney as his authority. The mere countersigning the Bo i I nicient. v V 11.7 The date of the Bonds m teP Y, we f A orne not be prior to the date of the contract. At t least two originals of a onds sh furnished ach with Power of Attorney attached. The performance and i yment on h> a furnishltd to'the City of Fayetteville accompanied by a receipt stamped by th iAgton Circwj 's Office. Before any work is performed under this contract, the s all be file ith t cl of a circuit court of Washington County, Arkansas and acceptedlA ity of Fayetteville ProjeNWanager. so IV 11.84qu ds as /Eo be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or c ptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being ied to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein c ified.. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. PART TWELVE —INSURANCE REQUIREMENTS 12.1 The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker's Compensation, and General Automotive, if applicable. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. INSTRUCTIONS TO BIDDERS 6 Page 59 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION 12.2 This bid is considered a public improvement bid. Public improvement bids shall submit certificates of insurance within 10 days of notice of notice to proceed, after City Council approval. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet; the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. PART THIRTEEN - CONTRACT TIME 13.1 The number of days within which, or the dates by which the Work is to be bs on ially completed and also completed and read for final payment is outlined in the Bid Form. p Y pY w 13.2 Except in connection with the safety or protection of persons or ork or property at the Site or adjacent thereto, and except as otherwise indica the Co ra�t%ocuments, all Work at the Site shall be performed during regular working hours, an Contra�wi not permit overtime work or the performance of Work on Saturday, Sunday, y legal hpliday with t City of Fayetteville's written consent.` � O PART FOURTEEN - LIQUIDATED DAMAGES O •4 14.1 Provisions for liquidated dam any, a e forth in id For V PART FIFTEEN — SUBCONTRACT PLI�pND OT a► 15.1 Contractor shall not assign or s X or y f this o without the prior written approval of City of Fayetteville nor shall llactor o uch sub ctor to commence work until approval of workman's compensati in nce aplic lia ili rance as may be required. Approval of each subcontract by City of Fa eville man er ease Contractor from any obligations as set out in the Drawings, SpUpns, a nd B PART SIXTEEN - S STE AND "OR EQUAL" E ` 16.1 An r e to a articular brand or manufacture is in an effort to establish an acceptable level of quality Y p p q Y fo is p chase. Brands or manufacturers that are included in a bid that are of at least equal quality, size, s cification as to what has been specified, will be acceptable for consideration. All requests for oved equals shall be submitted by e-mail. Such request to obtain a pre -approved equal shall be made writing to Amanda Beilfuss, Sr. Purchasing Agent, at abeilfuss@fayetteville-ar.gov. The Sr. Purchasing Agent will forward any such requests to the responsible City Department for review. Approval of all submittals will be made only by Addendum to all holders of Bidding Documents by the City of Fayetteville Purchasing Division. INSTRUCTIONS TO BIDDERS 7 Page 60 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon City of Fayetteville's or Project Manager's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. 17.2 CERTIFICATION OF FUNDS: �& Notice: bidders are required to provide pricing for all line items. Failure to provide d . e alternate pricing can result in bid rejection. The City intends to award this contract to the lowes ied responsive responsible bidder based on the lump sum bid as long as such bid falls within th of funds certified for the project, plus 25%. 1. In the event no bid falls within the amount of funds certified for the rod , plus 25%, the City will utilize the deductive alternates in order until bids can be compare t the amount certified, plus 25%. In the event all deductive alternates are subtracted and n I s within the amount certified, plus 25%, all bids will be rejected. 2. The City shall have the authority to negotiate S award it he apparent responsive responsible low bidder but only if the low bid is within Owe five present (25%) of e certification of funds. 17.3 DEDUCTIVE ALTERNATE: �+ O This bid includes one (1) deductive l�iate.hall su �r, ma)bble representation for bid pricing for all deductive alterna ure to b fair, m Xgle r tion pricing for deductive alternates can result in reje bid at scret' o e City. a uctive alternates are utilized, they shall be taken in or V 1. DEDUCTIVE ALTERNA E 1 — In the fl lied r ystem, provide a fleece back TPO overlay fully adhered to the i ig ro ane (Se 70150.75). PART EIGHTEEN - DISQUALIFICA410 F BID 18.1 Any one or more the followi y e consid reds sufficient for the disqualification of bidders and the rejection o 1 !\4; 18.2 More th Bid Form for the same from an individual, firm, partnership, or corporation under the sa fferent names. T 18.3 &v�e ce of collusion among bidders. Participants in such collusion may receive no recognition as bidders 11:;� ny future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. INSTRUCTIONS TO BIDDERS 8 Page 61 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt completion of additional work if awarded. 18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or havingNXted on a previous contract. PART NINETEEN - OPENING OF BIDS 19.1 Bids will be opened and read aloud publicly at the lace where Bids are t be�f6mitted in a room to be p p Y p designated by City of Fayetteville the day of the bid opening. A bid tab o of the amounts of the base Bids and major alternates (if any) will be made available to Bidders a opening of Bids. PART TWENTY - CONSIDERATION OF BIDS X*NO _ P 20.1 After the bids are opened and read, the t ies will beAtended a taled in accordance with the bid prices of the accepted Bids. This rev the Bi confir eso bidder. 20.2 In evaluating Bids, City of Fayett ill cons e qual'fi s of I er whether or not the Bids comply with the prescribed i ments d uch alt s un' and other data as may be pY p � �, Y requested in the Bid For o r r o th 11 oee of Sel?5� 20.3 City of Fayetteville may co sider ifica 0experi f Subcontractors, Suppliers, and other persons and organizations p d frportio �he Work as to which the identity of Subcontractors, Supplier , her peAfQns nd or ions must be submitted as provided in the Supplementary Conditi s. ity of F e Ville a iy consider the operating costs, maintenance requirements, per'rmance da d uarante of rTiajor items of materials and equipment proposed for incorporati t 'Work ch dat er ired to be submitted prior to the Notice of Selection. PART TWENTY-O - I�GHT TO REJECT BIDS nI) 21.1 Cit of Ftteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise fo w bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the �putation, financial ability, experience and equipment of the Bidder. 21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. PART TWENTY-TWO - AWARDING OF CONTRACT 22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful INSTRUCTIONS TO BIDDERS 9 Page 62 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed, and the necessary Bonds approved. PART TWENTY-THREE - RETAINAGE 23.1 The City of Fayetteville shall make progress payments on account of the Contract Price e basis of Contractor's Applications for Payment as recommended by Engineer/Architect, on or a e 15th day of each month during construction. All such payments will be measured by th ule of values established as provided in the General Requirements. O@ 1. Prior to Substantial Completion, progress payments will be made i Vanmount equal to the percentage indicated below, but, in each case, less the aggregate of ay previously made and less such amounts as Engineer/Architect shall determine, or The Citf ayetteville may withhold, in accordance with the General Requirements. 2. 95% of Work Completed (with the balance retainz e ork has been 50% completed as determined by Engineer/Architect, and if th characCeSn progress of the Work have been satisfactory to The City of Fayettevi d Engineer/Archite The City of Fayetteville on recommendation of Engineer/Archit deter ine that as she character and progress of the Work subsequently remain sa ry to t 1ere additional retainage on account of Work subsequently complet which c' remai egress ments prior to Substantial Completion will be an amo al to 1 the Wple s t e aggregate of payments previously made. 3. 100% of Equipment teri firrcorpor the W bu delivered, suitably stored, and accompanied by doc entati actor y City tteville as provided in the General Requirements. v `� V PART TWENTY-FOUR -SIGNING F EME 24.1 When City of Fay eville gives ti of Selec 'on t� the Successful Bidder, it will be accompanied by the number of V ccou s of t ment as indicated in the Supplementary Conditions, with all other 1 n Contract D ume s a t �e . Within ten (10) days thereafter, Contractor shall sign and deliv required number of cou arts of the Agreement and attached documents to City of FayettMIle th the required Bonds & Certificate of Insurance. Within ten (10) days thereafter City of Fay ttevill?shall deliver one fully signed counterpart to Contractor. PA TY-FIVE - MATERIALS GUARANTY 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. PART TWENTY-SIX - FAMILIARITY WITH LAWS INSTRUCTIONS TO BIDDERS 10 Page 63 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. PART TWENTY-SEVEN - ADDITIONAL LAWS AND REGULATIONS 27.1 Bidders' attention is called to the following laws and regulations which may have an irra�n the Work and on the preparation of the Bid: 1. Americans with Disabilities Act 2. Storm water discharge regulations enacted under the Clean Water A a administered by the Arkansas Department of Environmental Quality (ADEQ) under a gener I pe its program. Contractor may be required to obtain coverage under general permit ARR001 for to commencing work at the site. �� 3. If Required -- Arkansas Prevailing Wage Law, >sas Co /Phf-ated §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated hereun a ee Section 01 41 13 - Regulatory Requirements for PREVAILING WAGE IlE INATION fpr this proj .) 4. Bidder shall perform the Work in co e wit II applicabl c safety standards set forth in Occupational Safety and Health A ration Part ubpart P — Excavations. P o � � o 0 o � � G o \CO o• G END OF SECTION 01 INSTRUCTIONS TO BIDDERS 11 Page 64 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION SECTION 02 BID FORM *NAME OF FIRM: *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *PHONE: *E-MAIL: Purchase Order/Payments shall be issued to this name *STATE: ` *ZIP: V FAX: ez UNIQUE ENTITY NUMBER: , CAGE NUIBER: *TAX ID NUMBER: V AR T CTO _�SE #: Bidder acknowledges receipt of the foll ri g addend rr O Addendum No. Dated: Howled Addendum No. Dated: �Ack d by: Addendum No. Dated: Aow edged Addendum No. Dated: nowle ge y: Total Comple0iiveilrcalendar d Liquidated Dam es`luding Alternative: Substantial completion shall be 30 consecutive cays from the date established in a written notice to proceed. Final completion shall be 15 days after subompletion. The bidder must agree also to pay as liquidated damages, the sum of $100.00 for each c2day thereafter. The tbir understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the bid opening. BID FORM 1 Page 65 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: Bid 23-35, Construction —Town Center Roof Restoration Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work MECHANICAL: Subcontractor's Name and Address ExpePgFcentage o alue C PLUMBING: O ELECTRICAL: ` `O ROOFING AND SHEET METAL: Other (designate) Upon receipt of written tthe of eptan is bid, iX will execute the formal contract attached within 10 days and deliver a Surd or n eg4r he General Conditions. The bid security a sum of $ C) is to become the property e O ner in the event the contract and bond are not executed within the time set forth above, as liquidat d darr , es for the delay and additional expense to the Owner caused thereby. *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: BID FORM 2 Page 66 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION Section 03 CONTRACTOR REFERENCES The following information is required from all Bidders so all bids may be reviewed and properly evaluated: COMPANY NAME NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULLTIME PARTTI NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME TI� IME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTR RVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. 2. COMPANY NAME P COM�E CITY, STATE, ZIP CIT4f,STATE, ZIO CONTACT PERSON �% CONT SOI\� TELEPHONE �f � PHON� e) DATE COMPLETED D E PLETED O E-MAIL ADDRESS ` -MAIL ADDRESS 3. O ♦ 4. COMPANY NAME COMPANY NAME CITY, STATE, ZI CITY, STATE, ZIP CON ON CONTACT PERSON TELEPHONE TELEPHONE DATE COMPLETED DATE COMPLETED E-MAIL ADDRESS E-MAI L AD DRESS CONTRACTOR REFERENCES 1 Page 67 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION SECTION 04 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we �V V as Principal, hereinafter called the Principal, and G O • a corporation duly organized under the laws t State,o0*�k as Surety, hereinafter called Surety, are held and firmly bound u City of Fayetteville, Arkansas GO 113 West Mountain Street Q' Fayetteville, Arkansas 72701 as Obligee, hereinafter called O r, nn e sum Dolla J, for the payment of which sum, well and truly to be made, Pri ipal an sai uEe� ind ou elv , our heirs, executors, administrators, successors and assigns, jointly and ely 1) firm se pry WHEREAS, Princi igsubmitted a Bid for: Ci BID 23 335, ONS ACTION —TOWN CENTER ROOF RESTORATION • NO ORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the O r in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. BID BOND 1 Page 68 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION -TOWN CENTER ROOF RESTORATION Signed and sealed this day of 20 m PRINCIPAL SURETY (CORPORATE SEAL) o11' �V V G By O � •o ATTORNEY -IN -FACT O R RATE SEAL) 'Q O 0 0 (This Bond shall be accompanied 'tfO k Attorney-in-Fact's authority fro Sur ty) \CO � O • G END OF SECTION 04 BID BOND 2 Page 69 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION SECTION 05 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and O • O as Surety, hereinafter called Surety, are held rmly t�o to • City of Fayetteville, Arkansas 113 West Mountain Str v O Fayetteville, Arkansas 72 1 e) as Obligee, hereinafter called Own the✓a un of $ v , for the payment whereof Contractor and Surety bind the sely�3';'their h xecut nistrators, successors and assigns, jointly and severally, firmly by these present3r � O • WHEREAS Contracto written reem� 20 entered into a contract with Ow r fjior23-35, CONSTRUC O T OWN CENTER ROOF RESTORATION which contract is by reference mad hereof and is hereinafter referred to as the Contract. NOW, TH FOR , THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perf ontract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. V The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: A. Complete the Contract in accordance with its terms and conditions, or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination PERFORMANCE BOND 1 Page 70 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the &ntract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from t � t on which final payment under the Contract falls due. G No right of action shall accrue on this Bond to or for the use of any person or co_ation other than the Owner named herein or the heirs, executors, administrators, or successors of the Ow Signed and sealed this day of CONTRACTOR ♦`+ RPORATE SEAL) VO `O B y O � SURETY (j� e) NTERSIGNED: Resident Agent Arkansas By O ` y - G� ATT -1 -FACT n (This BMd shall be accompanied with (CORPORATE SEAL) Attorney-in-Fact's authority from Surety) Approved as to Form: Attorney for PERFORMANCE BOND 2 Page 71 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION SECTION 06 LABOR AND MATERIAL PAYMENT BOND This Bond is issued simultaneously with the Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and P as Surety, hereinafter called Sur , e an boun 11:;� City of Fayetteville, Arkan s V V K,J V 113 West Mountain Street J► Fayetteville, Arkansas 7 01 O 4V O �� as Obligee, hereinafter c Ainer, 3e an( it of claimants as hereinbelow defined, in the amount of for a mewt W► f Contractor and Surety bind themselves their heirs S Y Y executors, admini at ,prgAuccessors and assigns, joiptly and severally, firmly by these presents. WHEREAS, Co tr r has by written Agreement dated , 20 , entered into a contract\' O her for BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION which contract is by refer e a part hereof and is hereinafter referred to as the Contract. R5 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of LABOR AND MATERIAL PAYMENT BOND 1 Page 72 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above -named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, p secute the suit to final judgment for such sum or sums as maybe justly due claimant, and have xe thereon. The Owner shall not be liable for the payment of any costs or expenses of any Surh C. No suit or action shall be commenced hereunder by any claimant: Ci 1. Unless claimant other than one having a direct contract yrFM� Principal, shall have given written notice to any two of the following: the Contractor wrier, or the Surety within 90 days after such claimant did or performed the last of rk or labor, or furnished the last of the materials for which said claim iss`l rde, s n h substantial accuracy the amount claimed and the name of the part to Xhom the m rials were furnished, or for whom the work or labor was done or r rr d. Such n.#tice shall rved by mailing the same by registered mail or certified aiiostag aid, ir�a e�2lope addressed to Contractor, Owner or Surety, at an where ce is re y mai fined for the transaction of business, or served in anner lega rs may s ved in the state in which the aforesaid Pro'e i located v fiat su ice n iaNbe made by a public officer. 2. After the ex of orj r followir e date o w 'ch Contractor ceased Work on the Contract, it b ing u^nn od, e , that if imitation embodied in this Bond is prohibited by any L ntrolli onstruct n ereof, such limitation shall be deemed to be amended act be equto t minit eriod of limitation permitted by such Law. 3. Other an in a stat c ur oo comp ent risdiction in and for the county or other political sub i ' 1 tf th t whic i a ject, or any part thereof, is situated, or in the United St t istrict Court r the is in which the Project, or any part thereof, is situated, and 150te sew here. D. T'Vount of this Bond shall be reduced by and to the extent of any payment or payments made in d faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this day of 20 LABOR AND MATERIAL PAYMENT BOND 2 Page 73 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION CONTRACTOR (CORPORATE SEAL) By SURETY By COUNTERSIGNED: Resid nt State of Arkansas By C 1 ATTORNEY -IN -FACT CORPORATE SEAL) O � •o This Bond shall be accompanied with • ` Attorney-in-Fact's authority from Suret V A o�as t � o �y for O k � O• G LABOR AND MATERIAL PAYMENT BOND 3 Page 74 of 948 PROJECT MANUAL FOR FAYETTEVILLE TOWN CENTER ROOF RESTORATION C F 09 132023 Z44 Q� FOR CON TRUCT-il��Os J Arc�IQi • V► W THW_ T ARKAN LC W. QZNQER ST, 10 PYE TT , AR 7270 66.44 ICE ITE PR UMBER ONC RI2023/WER G Page 75 of 948 SECTION 00 0105 CERTIFICATIONS PAGE ARCHITECT I HEREBY CERTIFY THAT THIS PROJECT MANUAL WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF ARKANSAS. FAYONC22.00 Fayetteville Town Center Roof Restoration 00 0105 - 1 Certifications Page 09-13-2023 Page 76 of 948 SECTION 00 0110 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS CITY OF FAYETTEVILLE PROVIDED DOCUMENTS INTRODUCTORAY INFORMATION Section 00 - Title Page Section 00 - Bidder's Check List Section 00 - Advertisement Section 01 - Instructions to Bidders BID FORMS AND SUPPLEMENTS V Section 02 - Bid Form Section 03 - Contractor Refernce Section 04 - Bid Bond Section 05 - Performance Bond Section 06 - Labor and Material Payment B O CONTRACT GENERAL CONDITIONS General Requirements ;�+ DIVISION 00 PROCUREMENT AND CON TRAC REQULR S 00 0105 - Certifications Page + , � �� 00 0110 - Table of Con en �► • a► SPECIFICATIONS G ` DIVISION 01 GENER IR O 01 1000 - Summary 01 2000 - Price and Paym F.rrdced s V `�V 01 2200 - Unit Prices V 01 2300 - Alternat s 01 2500 - Substituti roced 01 3000 - A44nistrativ ui ents 01 3216 -Construction Pr ess Schehl 01 50- ,7Mmporary Facilities and Controls ?1 Product Requirements 01 00 - Execution and Closeout Requirements .�61 7800 - Closeout Submittals 410DIVISION 02 EXISTING CONDITIONS 02 4100 - Demolition DIVISION 03 CONCRETE (NOT USED) DIVISION 04 MASONRY (NOT USED) DIVISION 05 METALS (NOT USED) DIVISION 06 WOOD, PLASTICS, AND COMPOSITES (NOT USED) DIVISION 07 THERMAL AND MOISTURE PROTECTION (NOT USED) 07 0150.74 - Rehabilitation Of Modified Bitumen Roof Membrane Via Liquid Applied Roof System (Base Bid) FAYONC22.00 Table of Contents Fayetteville Town Center Roof Restoration 000110-1 09-13-2023 Page 77 of 948 07 0150.75 - Rehabilitation Of Modified Bitumen Roof Membrane Via Fleece Back Tpo Overlay (Alternate) 07 2100 - Thermal Insulation DIVISION 08 OPENINGS (NOT USED) DIVISION 09 FINISHES (NOT USED) DIVISION 10 SPECIALTIES (NOT USED) DIVISION 11 EQUIPMENT (NOT USED) DIVISION 12 FURNISHINGS (NOT USED) DIVISION 14 CONVEYING EQUIPMENT (NOT USED) END OF SECTION G 0 � •o P o � � o 0 o � � o• G FAYONC22.00 Table of Contents Fayetteville Town Center Roof 00 0110 - 2 09-13-2023 Restoration Page 78 of 948 SECTION 00 6325 SUBSTITUTION REQUEST FORM (PRE BID) SEND TO AMANDA BEILFUSS SR. PURCHACING AGENT CITY OF FAYETTEVILLE 113 W. MOUNTIAN STREET FAYETTEVILLE, AR 72701 PHONE 479 575 8220 (POST BID) SEND TO BEN CRUCE PROJECT ARCHITECT WER ARCHITECTS 112 W. CENTER STREET 410 FAYETTEVILLE, AR 7 PHONE 479 966 4477,� SECTION PARAGRAPH SPECIFIED ITEM PROPOSED SUBSTITUTE A` ATTACH, COMPLETE DESCRIPTION, DESIGNATION, CATALOG OR-JAEL NUMBER, SPEC DATA SHEET, AND OTHER TECHNICAL DATA, IN DING ;�ORY TESTS IF APPLICABLE. ANSWER THE FOLLOWING QUESTIONS WILL SUBSTITUTION AFFECT DIMENSIONS INDICATED ON DRAWI THE SI E DIFFERENT PHYSICAL SI E �V _ � • WILL SUBSTITUTION AFFECT WIRJ2(�� , IPING,WTWORKt fz; INDICATED ON DRAWINGS THIS INCLUDES LOWER OR HIGH;R ELECTRICAL LOAD AND OR VOLTAGE DIFFERENT BTU HEAT LOAD AND OR OR VEN-REQUIgEIjjtLEAS, E C. v WHAT AFFECT WILL SUBSTITUTIO O TRA LIST ANY DIFFERENCES BC�FV�I PRO SE SUB ; ION AND SPECIFIED ITEM J p` � IF NECESSARY, WILL THE UNDE I D PAY F R ARCHITECTS ENGINEERS COSTS, REQUIRED TO REVISE WORKING ZA IN�T ARE CAUSED BY SUBSTITUTION MANUFACT ARRANTY OF PROPOSED ITEMS ARE SAME DIFFERENT PROPOSFD'COST SAVINGS USING SUBSTITUTION PRODUCT REVIEW COMMENTS F�OVED QROVED AS NOTED (SEE ATTACHED EXPLAINATION) OT APPROVED REJECTED REJECTED RECEIVED TOO LATE NOT REVIEWED REMARKS FAYONC22.00 Fayetteville Town Center Roof Restoration REVIEWED BY Substitution Request Form 00 6325 - 1 09-13-2023 Page 79 of 948 SUBMITTED BY FIRM ADDRESS SIGNATURE DATE PHONE EMAIL FAYONC22.00 Substitution Request Form Fayetteville Town Center Roof 00 6325 - 2 09-13-2023 Restoration Page 80 of 948 SECTION 01 1000 SUMMARY PART 1 GENERAL V.22 1.01 PROJECT A. Project Name: Fayetteville Town Center Roof Restoration. B. Owner's Name: City of Fayetteville, Arkansas. C. Architect's Name: WER Architects. D. The Project consists of the restoration of the existing modified bitumen roofing syi /a t e Fayetteville Town Center.. 1.02 CONTRACT DESCRIPTION 1.03 DESCRIPTION OF ALTERATIONS WORK A. Scope of demolition and removal work is indicated on drawings and specio FinSection 02 4100. B. Scope of alterations work is indicated on drawings. 1.04 WORK BY OWNER A. The Owner, without sacrificing their right to doe�pllrRto undertake significant work with their own forces within the construct' n srior to Sullstantial Completion. l; p p B. Items noted NIC (Not in Contract) l pplied and/installed bRW er before Substantial Completion. C. Items and equipment noted to Vttactor skied an �Ta stalled is to be purchased new by the Contr 2rnd all ociate a hen installation and connection should be incl rn-key roject. I ms ent noted to be Contractor Installed sh oordinau th provirJ�lV�1cj the r shall include all costs for handling, instal ti a d onn o 'n the pr� D. Cooperate fully wit e ner' forces arate co a rs, if any, so work on those contracts may be ca ied out ly, ' h n erfeerior delaying work under this contract. 1.05 OWNER OCCUPANCY A. Owner intends to nti a to occ jace ns of the existing building during the entire construction perio . B. Owner inte sccup ct u bstantial Completion. C. Cooper e �tOwner to imize to facilitate Owner's operations. D. Sc uIw Work to accommod0ner occupancy. 1.06 CO C OR USE OF SITE AND PREMISES ruction Operations: Limited to areas noted on Drawings. C. 1. Locate and conduct construction activities in ways that will limit disturbance to site. Arrange use of site and premises to allow: 1. Owner occupancy. 2. Work by Others. 3. Work by Owner. C. Do not unreasonably encumber site with materials or equipment. Confine stockpiling of materials to areas authorized by Owner. D. Provide access to and from site as required by law and by Owner: 1. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. 2. Do not obstruct roadways, sidewalks, or other public ways without permit. FAYONC22.00 Summary Fayetteville Town Center Roof 01 1000 - 1 09-13-2023 Restoration Page 81 of 948 E. Workers on the jobsite are to be reminded that adjunct areas are occupied and in use on the campus. W A F. Existing building spaces may not be used for storage. G. Time Restrictions: 1. Limit conduct of especially noisy exterior work to the hours of 7:00 am through 4:00 pm. H. Utility Outages and Shutdown: 1. Limit disruption of utility services to hours the building is unoccupied. 2. Do not disrupt or shut down life safety systems, including but not limited torinklers and fire alarm system, without 7 days notice to Owner and authorities h isdiction. 3. Prevent accidental disruption of utility services to other facilities. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION O � •o P o � � o 0 cjz o � � G o \CO o• G FAYONC22.00 Fayetteville Town Center Roof Restoration 01 1000 - 2 Summary 09-13-2023 Page 82 of 948 SECTION 01 2000 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Procedures for preparation and submittal of applications for progress payments. B. Documentation of changes in Contract Sum and Contract Time. C. Change procedures. D. Correlation of Contractor submittals based on changes. E. Procedures for preparation and submittal of application for final payment. 1.02 SCHEDULE OF VALUES A. Use Schedule of Values Form: AIA G-702 Application and Certificate f Pa ent. B. Electronic media printout including equivalent information will be con �er in lieu of standard form specified; submit draft to Architect for approval. C. Forms filled out by hand will not be accepted. D. Submit Schedule of Values in duplicate wit ' �5days of r a o Owner -Contractor Agreement. E. Format: Utilize the Table of Content4o is roject Manua. Identi each line item with number and title of the specification Ni Identify affe mobilizof% F. Include in each line item, the am Allowa 9D*ocum ecifi i th section. For unit cost Allowances, identify quantities t e rom P ultipl' d by the unit cost to n achieve the total for the item G. Revise schedule to list a r e Chan `ers, wi L�'fAp or Payment. 1.03 APPLICATIONS FOR PR G S P S A. Payment Period: t int s ipulate ' Agree e �rtB. Use Form AIA G702 and For G7 en stipul t, i the Agreement. C. Electronic media printou I ing eq informa'l,§ : ill be considered in lieu of standard form specified; sub to A ite for appr D. Forms filled out b an will notpted. C E. For each item, provi e a c u n Misting ich i!?the following: 1. Item Nurn bed 2. cri De tion of work. fip G� 3. Scheduled Values. 4. Orevious Applications. nVork in Place and Stored Materials under this Application. 6. uthorized Change Orders. 6�7 . Total Completed and Stored to Date of Application. ` Percentage of Completion. 9. Balance to Finish. 10. Retainage. F. Execute certification by signature of authorized officer. G. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. H. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of work. I. Submit one electronic and three hard -copies of each Application for Payment. 1.04 MODIFICATION PROCEDURES FAYONC22.00 Price and Payment Procedures Fayetteville Town Center Roof 01 2000 - 1 09-13-2023 Restoration Page 83 of 948 A. For minor changes not involving an adjustment to the Contract Sum or Contract Time, Architect will issue instructions directly to Contractor. B. For other required changes, Architect will issue a document signed by Owner instructing Contractor to proceed with the change, for subsequent inclusion in a Change Order. 1. The document will describe the required changes and will designate method of determining any change in Contract Sum or Contract Time. 2. Promptly execute the change. C. For changes for which advance pricing is desired, Architect will issue a document that i ludes a detailed description of a proposed change with supplementary or revised drawi s specifications, a change in Contract Time for executing the change with a stipulat ny overtime work required and the period of time during which the requested price We considered valid. Contractor shall prepare and submit a fixed price quoCent 15 days. D. Computation of Change in Contract Amount: As specified in the AgreeConditions of the Contract. 1. For change requested by Architect for work falling under a fixe_ice contract, the amount will be based on Contractor's price quotation. i E. Substantiation of Costs: Provide full information required for e�.ion. 1. Provide the following data: Oa. uantities of products, labor, and S�l mentp b. Taxes, insurance, and bons c. Overhead and profit. d. Justification for any, chan a ontra e. • e. Credit for deletions fr tract, ly docu • F. Execution of Change Orders itect v Chang rs 4 s' tures of parties as provided in the Condition Contr G. After execution of Ch g der, promrevis h ule of V e and Application for Payment forms to ach autgoNzed Cha r as6epa ate line item and adjust the Contract Price. � H. Promptly revise progress s s to Zy chan ontract Time, revise sub - schedules to adjust times C6,h�erite ork affect by the change, and resubmit. I. Promptly enter chKJAPAYMEI es, I cor Docu 1.05 APPLICATION FOR T�`` A. Prepare Ap cation for Fi , To is c`d for progress payments, identifying total adjusted t$um, s payw nd sum remaining due. B. Applicati r inal Paym t will t b �cOnsidered until the following have been ac lj� d: loseout procedures specified in Section 01 7000. PART 2 CTS NOT USED PART X CUTION NOT USED V END OF SECTION FAYONC22.00 Price and Payment Procedures Fayetteville Town Center Roof 01 2000 - 2 09-13-2023 Restoration Page 84 of 948 SECTION 01 2200 UNIT PRICES PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. List of unit prices, for use in preparing Bids. B. Measurement and payment criteria applicable to Work performed under a unit price payment method. f 1.02 COSTS INCLUDED ` A. Unit Prices included on the Bid Form shall include full compensation fore , products, tools, equipment, plant, transportation, services and incidentacation or installation of an item of the Work; overhead and profit. 1.03 UNIT QUANTITIES SPECIFIED A. uantities indicated in the Bid Form are for bidding and contract purposes only. uantities and measurements of actual Work will determine the payment amount 1.04 MEASUREMENT OF QUANTITIES P1 A L Measurement methods delineated in the individual spec a o ections complement the criteria of this section. In the event of conflictVhe reqLt e of the individual specification section govern. 1 Take all measurements and compu •� tities. Mea4urements quantities will be verified by Architect.► • O Assist by providing necessary i ent,yv and s erson I as required. Measurement Devices: ^� low ` ► 1. Weigh Scales: In: Measures deVart42. Platform Sca 3. Metering Dev within the past ye; Measurement by Weigl shapes will be mejwE handbook or scat weic Weights and d"ate the conveying vehicle. licable state department In stets or formed steel or other metal his d assemblies will be measured by tic ension using mean length, width and height lle�flimension using mean length and width or radius. dimension, at the item centerline or mean chord. Price Measurement: Items measured by weight, volume, area, or linear means or n, as appropriate, as a completed item or unit of the Work. sFform surveys required to determine quantities, including control surveys to establish easurement reference lines. Notify Architect prior to starting work. Contractor's Engineer Responsibilities: Sign surveyor's field notes or keep duplicate field notes , calculate and certify quantities for payment purposes. 1.05 PAYMENT A. Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities of Work that is incorporated in or made necessary by the Work and accepted by the Architect, multiplied by the unit price. B. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. FAYONC22.00 Unit Prices Fayetteville Town Center Roof 01 2200 - 1 09-13-2023 Restoration Page 85 of 948 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling, and disposing of rejected Products. 7. Products placed and concealed prior to assessment of quantity or volume. 1.06 SCHEDULE OF UNIT PRICES A. Cost per square foot for removal and replacement of polyiso roof insulation. B. Cost for removal and replacement of roof drain assembly. C. Cost per linal foot for removal and replacement of parapet copings. D. Cost per lineal foot for removal and replacement of parapet coping nailers. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION G O � •o P o � � o 0 o � � G o \CO o• G FAYONC22.00 Fayetteville Town Center Roof Restoration 01 2200 - 2 Unit Prices 09-13-2023 Page 86 of 948 SECTION 01 2500 SUBSTITUTION PROCEDURES PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Procedural requirements for proposed substitutions. 1.02 RELATED REQUIREMENTS A. Section 00 6325 - Substitution Request Form: Required form for substitution requests de prior to or after award of contract (During procurement or construction). B. Section 01 6000 - Product Requirements: Fundamental product requirements,, options, delivery, storage, and handling. 1.03 DEFINITIONS A. General Clarification: Where a definate material is specified it is not the to to descriminate against any equal product from another manufacturer. It is the inten set a definate standard. Open competition is expected, but in all cases, complete data mu a bmitted for comparrision and test when requested by Architect. No substitut all be made unless authorized in writing by the Architect. If the ontractor propo substitute an equal product, he shall make this fact known, in writing, to hitecs o as possible after the award of the contract. B. Substitutions: Changes from Contr ents reVrements osed b Contractor to 9 p Y materials, products, assemblies, an ment. `_ 1. Substitutions for Cause: Pr due to �ed Pr6 cumstances beyond Contractor's control. a. Unavailability. `O b. Regulatory cha g rY 2. Substitutions for ience: Qsed o ssibilit `ing substantial advantage t ec . g v" ��� a. Substitut r q estsk g adv solely t�h ►Contractor will not be considere `Z PART 2 PRODUCTS NOT USED �/ PART 3 EXECUTION P 3.01 GENERAL REQUIREIjN' A. A Substituti Request fo iu ts, aysem lies, materials, and equipment constitutes a representat a%the 1. Ha i gated pro sed p� etermined that it meets or exceeds the quality lev he specified product qu ment, assembly, or system including aesthetics of ical properites such as av Ie colors, patterns and textures. es to provide the same warranty for the substitution as for the specified product. 3. grees to provide same or equivalent maintenance service and source of replacement parts, as applicable. ` Agrees to coordinate installation and make changes to other work that may be required for the work to be complete, with no additional cost to Owner. 5. Waives claims for additional costs or time extension that may subsequently become apparent. 6. Agrees to reimburse Owner and Architect for review or redesign services associated with re -approval by authorities. B. A Substitution Request for specified installer constitutes a representation that the submitter: 1. Has acted in good faith to obtain services of specified installer, but was unable to come to commercial, or other terms. C. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. Burden of proof is on proposer. FAYONC22.00 Substitution Procedures Fayetteville Town Center Roof 01 2500 - 1 09-13-2023 Restoration Page 87 of 948 1. Note explicitly any non -compliant characteristics. D. Content: Include information necessary for tracking the status of each Substitution Request, and information necessary to provide an actionable response. 1. Forms included in the Project Manual are adequate for this purpose, and must be used. E. Limit each request to a single proposed substitution item. 1. Submit an electronic document, combining the request form with supporting data into single document. 3.02 SUBSTITUTION PROCEDURES DURING PROCUREMENT A. Instructions to Bidders specifies time restrictions for submitting requests for substXtlol furing the bidding period, and the documents required. B. Submittal Form (before award of contract): 1. Submit substitution requests by completeing the form in Section 0e this section for additional information and instructions. Use only this form; othe for s of submission are unacceptable. Substitutions before award of contract must fitted the City of Fayetteville Purchacing Division. 3.03 SUBSTITUTION PROCEDURES DURING CONSTRUCTION A. Submittal Form (after award of contract): 1. Submit substitution requests by comple�e fo tion 00 6325; see this section for additional information and instru tion Use only t form; other forms of submission are unacceptable. substitution and of contract shall ubmitted to the architect. B. Architect will consider requests for u utions91; within 15 fter date of Agreement. C. Substitutions will not be consid nderpn re oft wing ircumstances: 1. When they are indicate lied *NQiWc1rawinJrbduq4 d ubmittals, without havin received rio al.,, g p �" • ` ra n requ 2. Without a sepa 3. When accep c r quir i i ns to t Do en 3.04 RESOLUTION A. Architect may request addi ' for ndocu on prior to rendering a decision. Provide this data in an ous B. Substitutions sub re awa of contrac accepted or rejected via addendum. 1. Architect's d isio followin r i w of d substitution will be noted on the submitted form be incl the a dennum. C. SubstitutioKIMbmitted rd of t, Architect will notify Contractor in writing of decision o t or reje eques 1. Arc i 's decision foI owing evi`of proposed substitution will be noted on the fitted form. 3.05 AC OCE A. Ac pted substitutions change the work of the Project. They will be recorded into submittal and •`ny required changes to the Construction Documents will be incorporated into the work by issuance of Change Order, Architectural Supplementary Insructions, or similar instruments proivded for in the Conditions of the Contract. 3.0 CLOSEOUT ACTIVITIES A. See Section 01 7800 - CLOSEOUT SUBMITTALS, for closeout submittals. B. Include completed Substitution Request Forms as part of the Project record. Include both approved and rejected Requests. END OF SECTION FAYONC22.00 Substitution Procedures Fayetteville Town Center Roof 01 2500 - 2 09-13-2023 Restoration Page 88 of 948 SECTION 01 3000 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Electronic document submittals. B. Preconstruction meeting. C. Site mobilization meeting. D. Progress meetings. E. Construction progress schedule. F. Change Order requirements. G. Contractor Liabiltity requirements. H. Coordination drawings. I. Submittals for review, information, and project closeout. J. Number of copies of submittals. K. Submittal procedures. 1.02 RELATED REQUIREMENTS A. Section 01 3216 - Construction Pro a�s'Cfied schedules. �� ule: Firm, Conte RQ d administration of O1.03 PROJECT COORDINATION • A. Cooperate with the Projecti ator i�@11�L4Kon of tionar f site; for field offices and sheds, for constructi slivery env, traffic, d rkin c ' B. During construction, c e use o and f e t ro h oject Coordinator. C. Comply with Proje inat rdures a-proje mmunications; submittals, reports and records, cheduldinatio ngs, a mmendations; and resolution of ambiguities and conflict D. Comply with instruction a Pro?ct or inator of temporary utilities and construction faciliti 7( G E. Coordinate field a"�Gring and®y ��r/fn ut work instructions of the Project Coordinator. F. Make the foll6win types tals to r itect: 1. Re s r'?nter 2. Reor substitu n. 3. hW awings, product dataUn amples. t and inspection reports. nufacturer's instructions and field reports. '6�VAp lications for payment and change order requests. . Progress schedules. ` 8. Coordination drawings. 9. Closeout submittals. PA T 2 PRODUCTS NOT USED PART 3 EXECUTION 3.01 ELECTRONIC DOCUMENT SUBMITTALS A. Any documents transmitted for purposes of administration of the contract will be in electronic (PDF) format and transmitted via an Internet -based e-mail service. 1. In addition to submittals for review, information, and closeout, this procedure will apply to requests for information (RFIs), progress documentation, contract modification documents (e.g. supplementary instructions, proposal requests, change orders), applications for FAYONC22.00 Administrative Requirements Fayetteville Town Center Roof 01 3000 - 1 09-13-2023 Restoration Page 89 of 948 IQ payment, field reports and meeting minutes, and any other document the Contractor or Architect wish to make part of the project electronic record. 2. Contractor and Architect will use conventional e-mail for this service, subject to the limitations of the service provider (file size). 3. It is the Contractor's responsibility to submit documents in PDF format via file attachment to e-mail directed to ABC Architect. Addressee will be determined at the pre -construction conference. Documents shall be reviewed and stamped by the contractor prior to submission. PDF documents without contractors stamp, signature and/or initials, date will not be reviewed. Each scan or PDF copy, especially large format documents drawings, shall be individually stamped, if transmitted as individual files. Assem documents in a single file need only be stamped once. 4. Subcontractors, suppliers, and Architect's consultants are required to use esttail transmission of review documents, and provide copies directed to the P ct and Contractor. 5. Users of the electronic document submission process shall provid�mail address and Internet access. PDF review software that includes ability tom up nd apply electronic stamps (such as Adobe Acrobat, www.adobe.com, or Bluebe F Revu, www.bluebeam.com), is encouraged, unless scan to PDF fi ability is provided by the document generator / provider. 6. Paper documents transmittals of eletvkw sub i s ill not be reviewed; emailed PDF documents without transmittal lette / forms*Tr?) t e contractor will not be reviewed. 7. All other specified submittal and d me t transmiss of proc ures apply, except that electronic document requirem tad not apply t4physical �es or color selection charts. Cost: The cost of the electrons o menus itiel(s) is t id bY�ontractor; include the cost of the submittals in the a6�rftt sumt&.Zo _ C. Project Closeout: Architet AMdetermirch pro' eWctroWhIecronically Tfent files shall be archived for the Owne ontract I pro th a docu and physical compone rt of thout dqr sub s 3.02 PRECONSTRUCTION EETING (/✓� A. Architect will schedule a m r after �bczAward. e B. Attendance Required: V 1. Owner. O 2. Architect. Ci O `� 3. Contra or. O C. Agenda: 1. Di f i of Contra Docu t 2.$1signation ion of list of Subcon ct s, list of Products, schedule of values, and progress edule. of personnel representing the parties to Contract, the Owner and Architect. V4rocedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. �` Scheduling. . Record minutes and distribute copies within two days after meeting to participants, with v electronic copies to Architect, Owner, participants, and those affected by decisions made. 3.03 SITE MOBILI ATION MEETING A. Architect will schedule a meeting at the Project site prior to Contractor occupancy. B. Attendance Required: 1. Contractor. 2. Owner. 3. Architect. 4. Contractor's Superintendent. FAYONC22.00 Administrative Requirements Fayetteville Town Center Roof 01 3000 - 2 09-13-2023 Restoration Page 90 of 948 5. Major Subcontractors. C. Agenda: 1. Use of premises by Owner and Contractor. 2. Owner's requirements . 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. 5. Security and housekeeping procedures. 6. Schedules. _♦ 7. Application for payment procedures. 8. Procedures for testing. 9. Procedures for maintaining record documents. 10. Requirements for start-up of equipment. 11. Inspection and acceptance of equipment put into service during co UQ period. D. Record minutes and distribute copies within two days after meeting to p ic- ants, with two copies to Architect, Owner, participants, and those affected by deci ' s made. 3.04 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of th at maximum monthly intervals. B. Make arrangements for meetings, prepar ag da with co s for participants, preside at meetings. .` C. Attendance Required: Job superini , majo ubcontract d suppliers, Owner, Architect, as appropriate to age'cs for eetin D. Agenda: •` 1. Review minutes of pr meeti 2. Review of Work pr ` 3. Field obsery io o ems ecision O 4. Identification ms m ede, orpede, �6ed progress. 5. Review of sub ittals sc and st ubmit 6. Maintenance of progr edu Z 7. Corrective measur gai pr c e sche 1 8. Planned prog s u ng succ din work 9. Maintenance f q ity and tand 10. Effect of prop o Chan rogre s s edule and coordination. 11. Other eAss rel ' t ork. E. Record i nd distri to copi o days after meeting to participants, with electronic ies to Architec , Ow r, icipants, and those affected by decisions made. 3.05 CONSQKic' ION PROGRESS SCHED E SEE SECTION 01 3216 A. Wihp70 days after date of the Agreement, submit preliminary schedule defining planned opo(ations for the first 60 days of Work, with a general outline for remainder of Work. preliminary schedule requires revision after review, submit revised schedule within 10 days. �. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment. 3.06 COORDINATION DRAWINGS A. Provide information required by Project Coordinator for preparation of coordination drawings. B. Review drawings prior to submission to Architect. FAYONC22.00 Administrative Requirements Fayetteville Town Center Roof 01 3000 - 3 09-13-2023 Restoration Page 91 of 948 3.07 DIGITAL DOCUMENT FILES AND RELEASES A. BIM Models: Projects are created by Architect and Engineers using Building Information Modelling software and not all projects wil have these files available for Contractor's use. The final model is a composite of multiple models that will require separate models from consultants. Contact Architect and Engineers for specific availablity and cost. B. AutoCAD files: Do not exist for architectural plans. Architect has capabilty to generate AutoCAD files that resemble the sheets as seen in the Construction Documents as well as generate entire floor plans of the building. This service can be provided at a cost to then Contractor per sheet/floor plan desired. See end of section for Digital Release form. C. Portable Digital Format (PDF): PDF of issued drawings can be provided to Cont no cost. Contact Architect for availablity. D. Other documents: Contractor will have to directly contact consultants foy ecific files, such as AutoCAD files for topographical layout, etc. V 3.08 REQUESTS FOR CHANGE ORDERS A. In order to facilitate checking of quotations for extras or credits, all sals, except for those so minor that their propriety can be seen by inspection, shall be mpanied by a complete itemization of costs including labor, material nd subcontracts. Labor and materilas shall be itemized in manner prescribed above. Whe r cost items are subcontracts, they shall be itemied also. 3.09 CONTRACTOR LIABILITY REQUIRE A. The Contractor shall cause the co al liabiRT#coveragq r by the Contract Documents to include (1) the O e ArcNtect,Engine e Architect Engineer's consulants as additional ins u clai s" armed in wh part e Contractor's negligent acts or omission the C Ntor's opfo 5 an '( Owner as an additional insured for clai ued in of or in p kNthe C r 's negligent acts or omissions during the n or's cd op W . Th Ar ' t / Engineer, Engineer, and their respecti Itant ponsib eir ow ofessional Liability coverage. 3.10 SUBMITTALS FOR RE EW A. When the following are s c ' in indqi Section it them for review: 1. Product data. O t_ 2. Shop drawin O 3. Samples for le on. 4. Sampl f for ven icati 5. Delgatgd Design a bmit B. Submit t6 hTfect for revi%v for trTirff I1Grpose of checking for conformance with info ate ven and the design c t expressed in the contract documents. C. will be reviewed only for aesthetic, color, or finish selection. D Aft�eview, provide copies and distribute in accordance with SUBMITTAL PROCEDURES art le below and for record documents purposes described in Section 01 7800 - CLOSEOUT UBMITTALS. BMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. 7. Other types indicated. FAYONC22.00 Administrative Requirements Fayetteville Town Center Roof 01 3000 - 4 09-13-2023 Restoration Page 92 of 948 B. Submit for Architect's knowledge as contract administrator or for Owner. No action will be taken. 3.12 SUBMITTALS FOR PROJECT CLOSEOUT A. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated. �V B. Submit for Owner's benefit during and after project completion. /� v 3.13 NUMBER OF COPIES OF SUBMITTALS A. Documents: Submit one electronic copy in PDF format; an electronicall -m up file will be returned. Create PDFs at native size and right -side up; illegible files wil jected. B. Documents for Information: Submit one electronic copy. C. Documents for Project Closeout: Make electronic reproductionsPittal files originally reviewed. Include electronic files of any submittals for infor All hard copies of Operational Manuals included with products quiprrFit, Id be collected and retained for close out documentation. D. Samples: Submit the number speci ie ividual svcification tions; one of which will be retained by Architect. 1. After review, produce dupli quired fJo isite uslv�i ication. 2. Retained samples will not urneyi tdTo ractor uspeci ' ally so stated. Digital documentation of appr samp Xe provi 3.14 SUBMITTAL PROCEDURE ` A. Transmit each submit t ppr rm and doctor ran ' aI form. Transmittal shall u be numbered sequ Wy, nd� bmitt , uld inc original number and a sequential alphabetrisuffix. ittal sheWde list specification section or sections that are included i ubmi nts. S mined submittal as one complete PDF; multiple files will n 'viewe 11 need ilb .reassembled by Contractor. B. Identify Project, C oo Subco cto or su I ertinent drawing and detail number, and specification ctinumber C. Apply Contr tor's stamp, e Tinitiale cert}Fying that review, approval, verification of Products r d*ifieId ls, ad' construction Work, and coordination of it ormat' ccorda wi h t Aft ents of the Work and Contract Documents. D. Del al submittals to Arc ect t business address. In some instances, larger physical sarlInDs can be coordinated to be a rvered to the construction site, typically for use in a mock- b " Sc dule submittals to expedite the Project, and coordinate submission of related items. Transmit higher priority submittals first and provide date for anticipated return of submittal. 12�1For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. When large quantities of submittals are transmitted in a short time frame, review time may take longer. Mark high priority submittals on trasmittal to notify / assist in an expidited review. G. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. Any proposed change or deviation from Contract Document plans or specifications must be clearly noted and easily identifiable on the submittal. Any change must be identified and specifically requesting approval of proposed deviation by Architet or Engineer of Recod. Failure to follow this requirement results in submitted deviation bearing the complete responsiblity of the contractor. H. Comments made in submittals by Architect or Engineer that change contract costs need to be submitted to Architect as a Potential Change Order for Claims for review and approval by FAYONC22.00 Administrative Requirements Fayetteville Town Center Roof 01 3000 - 5 09-13-2023 Restoration Page 93 of 948 Owner prior to the change to project scope. Failure to follow this requirement, whether a cost savings or cost increase, results in the submitted cost change bearing the complete responsibilty of the providing contractor. I. Provide space for Contractor and Architect review stamps. Submittals must be reviewed and stamped by Contractor, unstamped submittals will be not be reviewed and will be returned. J. Submittals to be as complete, comprehensive and accurate as possible. Include all components requested to be reviewed in Submittal section 1.03 of the specifications. Do not split up a single specification section into multiple submittals (ie product data, samples, op drawings, etc.). Avoid grouping unrelated specifications sections together in a submi K. Each submittals will only be reviewed two times; once for orginal review and then d time for a potential revised submittal. Any further additional reviews must include Ger'S Contractor's explaination for their inablity to conform with requirements. Addjior%I reviews beyond aforementioned may have costs associated to complete additional rexkk. L. When revised for resubmission, identify all changes made since previou s0 mission. Cloud all changes and revised details / notes. Address all comments and/or stions posed in previous submission; lack of addressing all previous review comments are JLNNs for rejections of submittal. Include previous reviewed submittal pages after the-l- age of the new submittal information. ( M. Distribute reviewed submittals as appropriat ruct ie l promptly report any inability to comply with requirements. N. Submittals not requested will not b e *11 ed or prgtessed. o o P o � � o 0 o � � o• G .61 FAYONC22.00 Administrative Requirements Fayetteville Town Center Roof 01 3000 - 6 09-13-2023 Restoration Page 94 of 948 3.15 AUTOCAD RELEASE FORM A. At your request, Witsell Evans Rasco, P.A. (WER) will provide electronic files for your convenience and use in the preparation of a bid or shop drawings related to Project: subject to the following terms and conditions. B. WER's electronic files are compatible with AutoCad as a dwg. file. WER makes no representation as to the compatibility of these files with your hardware or your software beyond the specified release of the referenced specifications. C. Data contained on these electronic files is part of WER's instruments of service and shot be used by you or anyone else receiving this data through or from you for any purpose gtDP han A E F as a convenience in the preparation of bids or shop drawings for the referenced pWCWAny other use or reuse by you or by others, will be at your sole risk and without liab gal exposure to WER. You agree to make no claim and hereby waive, to the ful Ntent permitted by law, any claim or cause of action of any nature against W cers, directors, employees, agents or sub -consultants which may arise out of or in con Ki with your use of the electronic files. Furthermore, you shall, to the fullest extent permitted by law, inde f nd hold harmless WER from all claims, damages, losses and expenses, includin ey's fees arising out of or resulting from your use of these electronic fi s. (� T ernes may exist between these electronic files and corresponding hard c py ntract docu nts due to addenda, change orders or other revisions. WER ma 2 esentatiokregard ing accuracy or completeness of the electronic files eive. Wi the event t' c nflict arises between the signed contract documents prep WER aft ia•s he signed contract documents shall govern. You aS ponsibl etermin any c lict exists. By your use of these electronic files, you trelie ur dut y cogip h the contract documents, including an t limitaiierra nee ck, nd coordinate all dimensions and detail field mead ents v ri eld col ors and coordinate your work with that of oker ra torsi proiecm e *%I V Because of the unintentionally c and/or involvem s can be modified, s of its ownership G. WER will furnish yo Itctlb�fic file&pt a7&ost of 1�0per building floor or sheet, for the following:/ \C_1 2. O � 3. � A s i of ( ) shalmitted to WER prior to delivery of the electronic files. H. er circumstances shall delivery of the electronic files for use by you be deemed a sale y R and WER makes no warranties, either express or implied, of merchantability and n ss fits for any particular purpose. In no event shall WER be liable for any loss of profit or any VGN onsequential damages. ED WITSELL EVANS, RASCO PA CONTRACTOR NAME TITLE DATE ADDRESS PHONE NUMBER FAYONC22.00 Fayetteville Town Center Roof Restoration END OF SECTION Administrative Requirements 01 3000 - 7 09-13-2023 Page 95 of 948 SECTION 01 3216 CONSTRUCTION PROGRESS SCHEDULE PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Preliminary schedule. B. Construction progress schedule, bar chart type. 1.02 SUBMITTALS A. Within 10 days after date of Agreement, submit preliminary schedule. �� B. Within 10 days after joint review, submit complete schedule. f'� 1.03 QUALITY ASSURANCE A. Scheduler: Contractor's personnel or specialist Consultant specializing n C scheduling with one years minimum experience in scheduling construction work of a co ity comparable to this Project, and having use of computer facilities capable of deliver j/Ia detailed graphic printout within 48 hours of request. -- 1.04 SCHEDULE FORMAT A. Listings: In chronological order according to art d f0ch activity. Identify each activity with the applicable specification s cti number. B. Diagram Sheet Size: Maximum 22 es. ProvOe electron' (s) in PDF format. PART 2 PRODUCTS NOT USED • PART 3 EXECUTION VV� `O • 3.01 PRELIMINARY SCHEDULE `O 0 • A. Prepare preliminary sc I in the f ro a horiziar ch ` 3.02 CONTENT ` `, V A. Show complete se ence of c r tion by with s br beginning and completion of each element of con truction. B. Identify each item by sp .on sec ber. J► C. Provide sub-sche fine cri al p rtions entire schedule. D. Include conferencai me tin i schedul E. Show accu lated perce o comple i of each item, and total percentage of Work complete tithe firs eachsn� F. Provide ate schedule f subCial tes for shop drawings, product data, and samples, ow f40h ed products, productified under Allowances, and dates reviewed submittals A'bUquired from Architect. Indicate decision dates for selection of finishes. G. ThcVte delivery dates for owner -furnished products. • rovide legend for symbols and abbreviations used. CHARTS . In a separate bar for each major portion of Work or operation. B. Identify the first work day of each week. 3.04 REVIEW AND EVALUATION OF SCHEDULE A. Participate in joint review and evaluation of schedule with Architect at each submittal. B. Evaluate project status to determine work behind schedule and work ahead of schedule. C. After review, revise as necessary as result of review, and resubmit within 10 days. 3.05 UPDATING SCHEDULE FAYONC22.00 Construction Progress Schedule Fayetteville Town Center Roof 01 3216 - 1 09-13-2023 Restoration Page 96 of 948 A. Maintain schedules to record actual start and finish dates of completed activities. Revised schedules should show original baseline start and finish dates for activities in comparrison with actual work started and completed. B. Indicate progress of each activity to date of revision, with projected completion date of each activity. C. Annotate diagrams to graphically depict current status of Work. D. Identify activities modified since previous submittal, major changes in Work, and other identifiable changes. E. Indicate changes required to maintain Date of Substantial Completion. F. Submit reports required to support recommended changes. G. Provide narrative report to define problem areas, anticipated delays, and ' the schedule. Report corrective action taken or proposed and its effect. 3.06 DISTRIBUTION OF SCHEDULE A. Distribute copies of updated schedules to Contractor's project site subcontractors, suppliers, Architect, Owner, and other concerned parties. B. Instruct recipients to promptly report, in writi roblems nIka d by projections indicated in schedules. END Q�SE TION : & •O -�k o o 0 • P o � � o 0 o � � FAYONC22.00 Fayetteville Town Center Roof Restoration Construction Progress Schedule 01 3216 - 2 09-13-2023 Page 97 of 948 SECTION 01 5000 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Temporary utilities. B. Temporary telecommunications services. C. Temporary sanitary facilities. D. Temporary Controls: Barriers, enclosures, and fencing. E. Security requirements. F. Vehicular access and parking. V _ G. Waste removal facilities and services. H. Project identification sign. I. Field offices. 1.02 TEMPORARY UTILITIES A. Owner will provide the following: 1. Electrical power ,consisting of connect, to exis n cities. 2. Water supply, consisting of conge to existing facil, ies. B. Provide and pay for all lighting, hea cool, and ventil wired for construction purposes. • C. Existing facilities may not be O D. Use trigger -operated nozVater Ito avoi of e� 1.03 TELECOMMUNICATION CES O. A. Provide, maintain, for �*(o unicatrv,ces eld office at time of project mobilization. D(� (�.`, e B. Provide telephone, cellulaZ , an , -3p�ed inte Znnection to jobsite. C. Provide on jobsite cap .iew a printing sical copies of electronic versions of construction docu tbmittalsFls, ASI, 1.04 TEMPORARY SANITAAities A. Provide4anintain re a nclosures. Provide at time of project mobilization. B. Maintaiclean a• 1.05 BA#exng A. arriers to prevent unauthorized entry to construction areas, to prevent access to areas be hazardous to workers or the public, to allow for owner's use of site and to protect acilities and adjacent properties from damage from construction operations and emolition. Provide barricades and covered walkways required by governing authorities for public rights -of - way and for public access to existing building. C. Protect non -owned vehicular traffic, stored materials, site, and structures from damage. 1.06 FENCING A. Provide 6 foot high fence around construction site; equip with vehicular and pedestrian gates with locks. B. Used material may be used for construction fence. Provide duplicate keys of any gate lock to Owner. Contractor to be responsible for maintainence of fence for duration of project. 1.07 SECURITY FAYONC22.00 Temporary Facilities and Controls Fayetteville Town Center Roof 01 5000 - 1 09-13-2023 Restoration Page 98 of 948 A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft. 1.08 VEHICULAR ACCESS AND PARKING A. Coordinate access and haul routes with governing authorities and Owner. B. Provide and maintain access to fire hydrants, free of obstructions. C. Provide means of removing mud from vehicle wheels before entering streets. D. Provide temporary parking areas to accommodate construction personnel. When site s�ace is not adequate, provide additional off -site parking. &( 1.09 WASTE REMOVAL !�040 A. Provide waste removal facilities and services as required to maintain the site an and orderly condition. B. Provide containers with lids. Remove trash from site periodically. C. If materials to be recycled or re -used on the project must be stored ite, provide suitable non-combustible containers; locate containers holding flammabbl 'Vial outside the structure unless otherwise approved by the authorities having jurisdictio D. Open free -fall chutes are not permitted. Te to clos cut into appropriate containers with lids. 1.10 PROJECT IDENTIFICATION A. Provide project identification sign o and struction a0l d by Architect. B. Erect on site at location establiArchit� C. Project Identification Signs: �� � � 1. One painted sign, 6 feet � ttom 3 e ovZact 2. Content: �� a. Project a d narrl N-nner ated Documents. b. Names a titles of a Mies. c. Names an titles of ect/ d. Name of Prime tor. V V 3. Graphic Design, tyleering: D d by Architect/Engineer. D. Sign Materials: 7(` 1. Structure an ing: N d, strucadequate. 2. Sign S aces: Exter' a plywo2akvith medium density overlay, minimum 3/4-inch thic 1d lar o mipi ints. 3. Pa rimers: rior q yI oats; sign background of color as selected. 4. et� : Exterior quality pai c trasting colors as selected. E. a a n: stall project identification signs within 15 days after date fixed by Notice to Proceed. 2. Erect at location directed by the Architect. •` Erect supports and framing on secure foundation, rigidly braced and framed to resist wind loadings. 4. Install signs surface plumb and level, with butt joints. Anchor securely. 5. Paint exposed surfaces of signs, supports, and framing. F. Maintenance: Maintain signs and supports clean, repair deterioration and damage. G. Removal: Remove signs, framing, supports, and foundations at completion of Project and restore the area. H. No other signs are allowed without Owner permission except those required by law. 1.11 FIELD OFFICES A. Office: Weathertight, with lighting, electrical outlets, heating, cooling equipment, and equipped with sturdy furniture, drawing rack, and drawing display table. FAYONC22.00 Temporary Facilities and Controls Fayetteville Town Center Roof 01 5000 - 2 09-13-2023 Restoration Page 99 of 948 B. Provide space for Project meetings, with table and chairs to accommodate 6 persons. C. Locate offices a minimum distance of 30 feet from existing and new structures. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION FAYONC22.00 Temporary Facilities and Controls Fayetteville Town Center Roof 01 5000 - 3 09-13-2023 Restoration Page 100 of 948 SECTION 01 6000 PRODUCT REQUIREMENTS PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. General product requirements. B. Re -use of existing products. C. Transportation, handling, storage and protection. D. Product option requirements. E. Substitution limitations. fre. F. Procedures for Owner -supplied products.G. Maintenance materials, including extra materials, spare parts, tools, anso 1.02 REFERENCE STANDARDS A. NFPA 70 - National Electrical Code Most Recent Edition Adopted �hority Having Jurisdiction, Including All Applicable Amendments and Supple 1.03 SUBMITTALS A. Proposed Products List: Submit list of major roducts 001rse d for use, with name of manufacturer, trade name, and mode] %&ber of each product. 1. Submit within 15 days after da reement. 2. For products specified only b e nce sSandard rds, lista le reference standards. B. Product Data Submittals: Sub nufe - s ed a. Mark each copy to identify applicable products, s, optirnufactrantiesifXother data. Supplement manufactur dardrovide ' fofatio o this Project. C. Shop Drawing Submit epare ically hi roj ct; i to utility and electrical characteristics, uti ectio q mentscation till outlets for service for functional equipme and aI .. nn•. D. Sample Submittals: Illustr tiona0ft thetic teristics of the product, with integral parts and attach t evices. Cool"nate sa submittals for interfacing work. 1. For selection f st and fir PART 2 PRODUCTShes,4submit s es of the full range of the manufacture st and co lyxtures�aa�.p terns. req - df2.01 EXISTING PROSMT§ A. Do not `arials andee� from existing premises unless specifically req ' edrmitted by Contract c ents. B. t materials and equipment indicated to be removed, but not to be re -used, relocated, its ed, delivered to the Owner, or otherwise indicated as to remain the property of the O er, become the property of the Contractor; remove from site. • Reused Products: Reused products include materials and equipment previously used in this or ot her construction, salvaged and refurbished as specified. .2. NEW PRODUCTS A. Provide new products unless specifically required or permitted by Contract Documents. B. Use of products having any of the following characteristics is not permitted: 1. Made of wood from newly cut old growth timber. C. Where other criteria are met, Contractor shall give preference to products that: 1. If used on interior, have lower emissions. 2. If wet -applied, have lower VOC content. 3. Are extracted, harvested, and/or manufactured closer to the location of the project. 4. Have longer documented life span under normal use. FAYONC22.00 Product Requirements Fayetteville Town Center Roof 01 6000 - 1 09-13-2023 Restoration Page 101 of 948 5. Result in less construction waste. 6. Are made of recycled materials. 7. Are Cradle -to -Cradle Certified. 8. Have a published GreenScreen Chemical Hazard Analysis. D. Provide interchangeable components of the same manufacture for components being replaced. 2.03 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Use any product meting those standards or description. B. Products Specified by Naming One or More Manufacturers: Use a product of on QVJ manufacturers named and meeting specifications, no options or substitutions all C. Products Specified by Naming One or More Manufacturers with a Provision f stitutions: Submit a request for substitution for any manufacturer not named. 2.04 MAINTENANCE MATERIALS A. Furnish extra materials, spare parts, tools, and software of types ar quantities specified in individual specification sections. B. Deliver to Project site; obtain receipt prior to final payment. O 2.05 WARRANTY A. For all products, where no specific exten ed rranty perio has been identified, provide no less than manufacturer's standard * AN, ror produoline for q i rade specified. PART 3 EXECUTION • 3.01 SUBSTITUTION LIMITATIONS `O • O (� A. See Section 01 2500 - Sub ton Procs. �► • V► 3.02 OWNER SUPPLIED PRO G ` A. Owner's Resp ons' ' ' i O 1. Arrange for a i r O eviewedrawin duct data, and samples, to n r r. Co t acto Q) 2. Arrange and pay for deli 3. On delivery, inspe ucts int ith Con 4. Submit claim r portati amage a ce damaged, defective, or deficient items. 5. Arrange for ma facture ranties ins ctions, and service. B. Contracto ' p�nsibi • 1. Re i er revie d sho a s, product data, and samples. Notify Owner and p P Y ,.,Arc-4 it immediate) if d oduct affects installed final work. 2. eiY suPp ve and unload products a ite; inspect for completeness or damage jointly with (Vner. and!le, store, install and finish products. • 4. Repair or replace items damaged after receipt. NSPORTATION AND HANDLING A. Package products for shipment in manner to prevent damage; for equipment, package to avoid loss of factory calibration. B. If special precautions are required, attach instructions prominently and legibly on outside of packaging. C. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials. D. Transport and handle products in accordance with manufacturer's instructions. E. Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas. FAYONC22.00 Product Requirements Fayetteville Town Center Roof 01 6000 - 2 09-13-2023 Restoration Page 102 of 948 F. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged. G. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage, and to minimize handling. H. Arrange for the return of packing materials, such as wood pallets, where economically feasible. 3.04 STORAGE AND PROTECTION A. Designate receiving/storage areas for incoming products so that they are delivered accqrding to installation schedule and placed convenient to work area in order to minimize waste IN excessive materials handling and misapplication. See Section 01 7419. Z B. Store and protect products in accordance with manufacturers' instructions. C. Store with seals and labels intact and legible. D. Store sensitive products in weathertight, climate -controlled enclosures i an nvironment favorable to product. E. For exterior storage of fabricated products, place on sloped supp �ave ground. F. Provide off -site storage and protection when site does not per site storage or protection. G. Protect products from damage or deterioratikNke to coAt ct n operations, weather, precipitation, humidity, temperature, sunlighultraviolet li dirt, dust, and other contaminants. H. Comply with manufacturer's warran itions, if an4. '` I. Cover products subject to detect ith im > virus shKet�Nqv)r*ing prevent condensation and de no pr u�S!► J. Store loose granular mate ' solid fl aces in Wv raineN foreign matter. Provide ventilation to Prevent mixing with K. Prevent contact w' t is hat use col disc&oral, or staining. L. Provide e ui mentr n t r r m threvent soilin q p so �soep by e p g, disfigurement, or da age. M. Arrange storage of produ�permit �for ins t V. Periodically inspect to verify m products are undaare int ed in ac a condition. F SC�� � O FAYONC22.00 Fayetteville Town Center Roof Restoration 01 6000 - 3 Product Requirements 09-13-2023 Page 103 of 948 SECTION 01 7000 EXECUTION AND CLOSEOUT REQUIREMENTS PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Examination, preparation, and general installation procedures. B. Requirements for alterations work, and selective demolition. C. Pre -installation meetings. D. Cutting and patching. E. Surveying for laying out the work. F. Cleaning and protection. G. Closeout procedures, including Contractor's Correction Punch List, exc t p y ent procedures. 1.02 REFERENCE STANDARDS A. NFPA 241 - Standard for Safeguarding Construction, AlteratioAp emolition Operations 2022, with Errata (2021). O 1.03 SUBMITTALS A. See Section 01 3000 - Administrative,,, uire ents, for su mittal ocedures. B. Survey work: Submit name, addre teleph ne rember of or before starting survey work. • 1. On request, submit docu t on vgrif� curac �yrvey rk. 2. Submit a co of site dr y& si ne Land r, th#i levations and locations of the wor ff compli m�ith Con c ocu �V�J"" 3. Submit surveys a ey lolsv pro c red. C. Cutting and Patch mit r' i' dquest i nce of ing or alteration that affects: 1. Structural inte ity o ( NU nt of P ' 2. Integrity of wea herke7,4,r or m sistant I�jnt. 3. Efficiency, maintena safe operati�ement. 4. Visual qualitie f ios el ents. G 5. Work of Own r or arate �ctor. 1.04 QUALIFICATIONS A. For surveyi r ern y su gistered in the State of Arkansas and acceptable to Archi zmit evi ce of s �rors and Omissions insurance coverage in the form of an In urance Certifi ate. mpl 7j only individual(s) trained and experienced in col and recording accurate �elevant to ongoing construction activities. 1.05 PR CONDITIONS A Us of explosives is not permitted. • entilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 1. COORDINATION A. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Notify affected utility companies and comply with their requirements. C. Verify that utility requirements and characteristics of new operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. FAYONC22.00 Execution and Closeout Requirements Fayetteville Town Center Roof 01 7000 - 1 09-13-2023 Restoration Page 104 of 948 D. Coordinate space requirements, supports, and installation of mechanical and electrical work that are indicated diagrammatically on drawings. Follow routing indicated for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. E. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. F. Coordinate completion and clean-up of work of separate sections. G. After Owner occupancy of premises, coordinate access to site for correction of defectiiiork and work not in accordance with Contract Documents, to minimize disruption of O activities. PART 2 PRODUCTS 2.01 PATCHING MATERIALS A. New Materials: As specified in product sections; match existing productcj work for patching and extending work. B. Type and uality of Existing Products: Determine by inspecting sting products where necessary, referring to existing work as a standard. C. Product Substitution: For any proposed cha5?M 49 mat Is si mit request for substitution described in Section 01 6000 - Product Reqents.� PART 3 EXECUTION • 3.01 EXAMINATION ` • Verify that existing site conditio substrwaces ptab Start of work means accept existipconditions. • Verify that existing substr apable of structural sp or �1 applied or attached. for subsequent work. of new work being Examine and veri . c co scrib . dividu eci ication sections. Take field measure ents bef `firming t orde��je��• ginning fabrication, to minimize waste due to over-orderincq.-ec fabri AKJ Verify that utility se locations. stics, and in the correct :46 commencing work, including elements d patching. After uncovering existing work, Beginning of cutting or patching means U surfaces prior to applying next material or substance. or openings of substrate prior to applying next material or substance. • pply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. REINSTALLATION MEETINGS When required in individual specification sections, convene a preinstallation meeting at the site prior to commencing work of the section. B. Require attendance of parties directly affecting, or affected by, work of the specific section. C. Notify Architect four days in advance of meeting date. D. Prepare agenda and preside at meeting: 1. Review conditions of examination, preparation and installation procedures. 2. Review coordination with related work. FAYONC22.00 Execution and Closeout Requirements Fayetteville Town Center Roof Restoration 01 7000 - 2 09-13-2023 Page 105 of 948 E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made. 3.04 LAYING OUT THE WORK A. Verify locations of survey control points prior to starting work. B. Promptly notify Architect of any discrepancies discovered. C. Protect survey control points prior to starting site work; preserve permanent reference points during construction. D. Promptly report to Architect the loss or destruction of any reference point or reloc to i 9& ired because of changes in grades or other reasons. E. E. Replace dislocated survey control points based on original survey control. M changes without prior written notice to Architect. F. Utilize recognized engineering survey practices. G. Establish elevations, lines and levels. Locate and lay out by instrun tation and similar appropriate means: 1. Site improvements including pavements; stakes for grading d topsoil placement; utility locations, slopes, and invert elev tions. O _ 2. Grid or axis for structures. 3. Building foundation, column locatio a groun fl elevations. H. Periodically verify layouts by same ? I. Maintain a complete and accurate I g ontrolsurveyyv t progresses. 3.05 GENERAL INSTALLATION REQUIMENT4 A. Install products as specifie i lividuaNO-1 in a ce w' a facturer's l I instructions and recomm ions, ancl s to avo' a e du ssity for replacement. AL B. Make vertical elemen and r ntal ele evel, nle herwise indicated. C. Install equipment a I s pl nd level ly aligne w adjacent vertical and horizontal lines, unl s othe 7icat d. D. Make consistent texture o s ct less t n ' ns, unless otherwise indicated. E. Make neat transitio n diff nt rfaces, rtaining texture and appearance. 3.06 ALTERATIONS A. Drawings sh wing existin o s c ion an utilifl'es are based on casual field observation and existing rec Oopme 1. Ve u onstructi and ' ' ments are as indicated. 2. Rep11.9 iscrepancies to Arc ect e'fore disturbing existing installation. 3. in of alterations work titutes acceptance of existing conditions. B. e i existing work as indicated and as required to accomplish new work. 1 emove items indicated on drawings. Relocate items indicated on drawings. ` 3. Where new surface finishes are to be applied to existing work, perform removals, patch, and prepare existing surfaces as required to receive new finish; remove existing finish if necessary for successful application of new finish. 4. Where new surface finishes are not specified or indicated, patch holes and damaged surfaces to match adjacent finished surfaces as closely as possible. C. Services (Including but not limited to HVAC, Plumbing, Fire Protection, Electrical, and Telecommunications): Remove, relocate, and extend existing systems to accommodate new construction. 1. Maintain existing active systems that are to remain in operation; maintain access to equipment and operational components; if necessary, modify installation to allow access FAYONC22.00 Execution and Closeout Requirements Fayetteville Town Center Roof 01 7000 - 3 09-13-2023 Restoration Page 106 of 948 A E F or provide access panel. 2. Where existing systems or equipment are not active and Contract Documents require reactivation, put back into operational condition; repair supply, distribution, and equipment as required. 3. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service. a. Disable existing systems only to make switchovers and connections; minimize duration of outages. b. Provide temporary connections as required to maintain existing system in e. 4. Verify that abandoned services serve only abandoned facilities. 5. Remove abandoned pipe, ducts, conduits, and equipment , including thos a e accessible ceilings; remove back to source of supply where possible, o ' e cap stub and tag with identification; patch holes left by removal using matey s s fied for new construction. Protect existing work to remain. 1. Prevent movement of structure; provide shoring and bracin c ssary. 2. Perform cutting to accomplish removals neatly and as sp for cutting new work. 3. Repair adjacent construction and finis damaged u r oval work. Adapt existing work to fit new work: Make as eat and Xotrttransition as possible. Patching: Where the existing surface. ndicated tQQ be refinis , patch to match the surface finish that existed prior to c Where the furface is ' �ed to be refinished, patch so that the substrate is yea r e new 6 Refinish existing surfaces as ' d: . � - x` 1. Where rooms or space to remain to the sp fi finishes. 2. If mechanical rical refinish to ma Clean existing systems an444 Remove demolition de do not burn or burviw 3.07 CUTTING 4. 5. 6. 7. 8. finish► I vi le existing surfaces i , ith nsition to adjacent ally rin�dgoe work, re-cover and V areas and dispose of off -site; demolition is complete. s that avoid cutting or patching. ?M whatever cutting and patching is necessary to: Complete the work. Fit products together to integrate with other work. Provide openings for penetration of mechanical, electrical, and other services. Match work that has been cut to adjacent work. Repair areas adjacent to cuts to required condition. Repair new work damaged by subsequent work. Remove samples of installed work for testing when requested. Remove and replace defective and non -complying work. D. Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition. FAYONC22.00 Execution and Closeout Requirements Fayetteville Town Center Roof Restoration 01 7000 - 4 09-13-2023 Page 107 of 948 E. Employ original installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. F. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. G. Restore work with new products in accordance with requirements of Contract Documents. H. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. I. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely se4l voids with fire rated material in accordance with Section 07 8400, to full thickness of the pe01ed element. J. Patching: 1. Finish patched surfaces to match finish that existed prior to patching. tinuous surfaces, refinish to nearest intersection or natural break. For an s refinish entire unit. 2. Match color, texture, and appearance. 3. Repair patched surfaces that are damaged, lifted, discolored&�Sof wing other imperfections due to patching work. If defects are due to c substrate, repair substrate prior to repairing finish. O 3.08 PROGRESS CLEANING A. Maintain areas free of waste material, bras, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from i e` ses, s, attiocs, cr spaces, and other closed or remote spaces, prior to encl n e spa 'N ` C. Broom and vacuum clean int yeas Miart of finishi d continue cleaning to eliminate dust. D. Collect and remove w t r terial and bbis fr a periodically and dispose off -site; d nor 3.09 PROTECTION OF INS LLED WO ✓ �j A. Protect installed work fro ge b c ction o e if!?Fis. B. Provide special prot ct' n ere s ifi in indivi ecification sections. C. Provide tempa nd emovabl ction ed products. Control activity in immediate work area to preve mage D. Provide pr4ctive*over g atolls, pm*Vns, jambs, sills, and soffits of openings. E. Protect aMloors, sta and ^rsurfdes from traffic, dirt, wear, damage, or movement of heavycts, by protecting wit du ble sheet materials. F. P i raffic or storage upon waterproofed or roofed surfaces. If traffic or activity is e e , obtain recommendations for protection from waterproofing or roofing material miryfacturer. • emove protective coverings when no longer needed; reuse or recycle coverings if possible. JUSTING A. Adjust operating products and equipment to ensure smooth and unhindered operation. 3.11 FINAL CLEANING A. Use cleaning materials that are nonhazardous. B. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. FAYONC22.00 Execution and Closeout Requirements Fayetteville Town Center Roof 01 7000 - 5 09-13-2023 Restoration Page 108 of 948 C. Remove all labels that are not permanent. Do not paint or otherwise cover fire test labels or nameplates on mechanical and electrical equipment. D. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. E. Clean filters of operating equipment. F. Clean debris from roofs, gutters, downspouts, scuppers, overflow drains, area drains, and drainage systems. G. Clean site; sweep paved areas, rake clean landscaped surfaces. H. Remove waste, surplus materials, trash/rubbish, and construction facilities from th�pl dispose of in legal manner; do not burn or bury. 3.12 CLOSEOUT PROCEDURES V A. Make submittals that are required by governing or other authorities. G B. Accompany Project Coordinator on preliminary inspection to determ items to be listed for completion or correction in the Contractor's Correction Punch List Wtractor's Notice of Substantial Completion. C. Notify Architect when work is considered re for Archit t'�W tantial Completion inspection. D. Submit written certification containina Co trac or's Correcti Punch List, that Contract Documents have been reviewed, w a een insp9Cted, andP ork is complete in accordance with Contract Docume readyje�Architec�t'ntial Completion inspection. ��`` &rrectiAonch E. Conduct Substantial Comple ' l�spectireate F'List containing Architect's and Contractor' rehen of ite fledpleted or corrected and submit to Architect F. Correct items of w i Fin ction P ist an co with requirements for access to Owner-o are G. Notify Architect whe work i iderei comple e, ready for Architect's Substantial Completion final inspectio H. Com lete items of r d e mined b Architect li n executed Certificate of Substantial p Y Completion. Whe ea em is com leted, item initialled by Project Superintendent and dated when co ted. Incluci,in project out documentation. ND CTION CiN .6 FAYONC22.00 Execution and Closeout Requirements Fayetteville Town Center Roof 01 7000 - 6 09-13-2023 Restoration Page 109 of 948 SECTION 01 7800 CLOSEOUT SUBMITTALS PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Project Completion Documents. B. Project Record Documents. C. Operation and Maintenance Manuals. D. Warranties and bonds. NIP1.02 SUBMITTALS A. Close Out Document Manuals: All information to be scanned to digital form submitted to Architect. Retain all hard copies for one complete set for the Owner. S mi plete sets of the following: 1. Project Completion Documents: A 2. Project Record Documents: 3. Operation and Maintenance Manuals: B. Final Application for Payment: Submit fully uted O PART 2 PRODUCTS NOT USED PART 3 EXECUTION •`� 3.01 PROJECT COMPLETION DOCUMEN A. Project Directory: Include list o ntracto ner, A •i1i�LlS, En6iners,Subcontractor and prime material suppliers. o incl involy ary cqt name, phone number, mailing address ail add ` B. Waiver of Liens: Provi II trade prim t supp C. Warranties: Sub trac o i Ilation y, ma ct er's warranties and warranties for equi ent or col nt part uipme panty begins on the date of acceptance 1. Submit for contracto i allatioty, ma f rer's warranties and warranties for equipment or co t part f e ipment. 2. Warranties b in a Dat ubstanti letion, unless delayed or specifically excluded. 3. For ite of Work for h ch cceptan is layed beyond the Date of Substantial Comp *e lis of aq a is the beginning of the warranty period. 4. Ve ocumen re in , contain full information, and are notorized. 5. Incll riginals of each in o era and maintenance manuals, indexed separately on e of Contents. v D. a if' to of Substantial Completion: Provide fully executed form with punch list attached. E. Co ractor's Punch List: Provide completed list of items requiring completion or correction. •`nclude any attachments for revisions provided by Architect and/or Engineer. Punch list should be noted that all items were corrected and completed with trade responsible identified. Certificate of Occupancy: Provide form as issued for authority having jurisdiction. G. Consent of Surety: Provide fully executed surety letter when project has associated bonds provided by contractor. 3.02 PROJECT RECORD DOCUMENTS A. Record Drawings : Legibly mark construction drawings with each item to record actual construction including the following: 1. Measured depths of foundations in relation to finish first floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. FAYONC22.00 CLOSEOUT SUBMITTALS Fayetteville Town Center Roof 01 7800 - 1 09-13-2023 Restoration Page 110 of 948 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract drawings. 6. Changes made by Addenda and Change Orders. 7. Record information concurrent with construction progress. B. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda, Change Orders and other modifications. C. Addenda: Insure all addenda items have been includes and posted to recor ments. D. Change Orders: Include all executed Change Orders, Allowance purch ses other modifications to the contract. E. Submittals, Shop Drawings, Product Data and Samples: 1. Shop Drawings: Include records of manufacturer's instructs L$k assembly, installation and adjusting. 2. Product Data: Include list of all prod d mode u�r provided. 3. Samples: Include material samples of se ecte i ri finishes. Samples to include label indicating manufacturer, pr c At m del number, olor, finish and other identifying elements. Full color photogra r cceptablVor larger s, les. F. Test Reports and Special Inspectiop1s ►`` • ` G. Maintain on site a complete s r ord do �Tts; recoi&q re ions to the Work: H. Ensure entries are comple accura 11p ling future referenc ner. I. Store record documen ate fro ments used for conryp . J. Record inforry Irent i truction Yrogress. v/ 3.03 OPERATION AND MAINTENAN UAL L A. Source Data: For each pr r sy li ames ses and telephone numbers of Subcontractors and suinclu in ca sourc plies and replacement parts. B. Product Data: Maf each,dheet to rly identi fic products and component parts, and data applicable to %utVation. D e i appli formation. C. Drawings: 5mpplement pr t to to illu ate elations of component parts of equipment and systems, to sISaW taontr diaQ o not use Project Record Documents as maintenance drawings. ` D. TyT4 Text: As required to suppl�erJ roduct data. Provide logical sequence of instructions f20MI procedure, incorporating manufacturer's instructions. 3.04 OP N AND MAINTENANCE DATA FOR MATERIALS AND FINISHES P�Fo Each Product, Applied Material, and Finish: `Product data, with catalog number, size, composition, and color and texture designations. 2. Information for re -ordering custom manufactured products. B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods, precautions against detrimental cleaning agents and methods, and recommended schedule for cleaning and maintenance. C. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products. 3.05 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A. Provide schedule of all equipment that require instruction on operation and/or continual maintenance. Coordinate instruction for all equipment with Owner and/or Owner's FAYONC22.00 CLOSEOUT SUBMITTALS Fayetteville Town Center Roof Restoration 01 7800 - 2 09-13-2023 Page 111 of 948 Representative and record name and contact information of all in attendance. Video recording of instructions provided is recommended. B. For Each Item of Equipment and Each System: 1. Description of unit or system, and component parts. 2. Identify function, normal operating characteristics, and limiting conditions. 3. Include performance curves, with engineering data and tests. 4. Complete nomenclature and model number of replaceable parts. C. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation ark maintenance of the specific products. D. Panelboard Circuit Directories: Provide electrical service characteristics, contro communications; typed. ` E. Operating Procedures: Include start-up, break-in, and routine normal o Qeratjp�instructions and sequences. Include regulation, control, stopping, shut -down, and ancy instructions. Include summer, winter, and any special operating instructions. F. Maintenance Requirements: Include routine procedures and gui gipreventative maintenance and trouble shooting; disassembly, repair, and r bly instructions; and alignment, adjusting, balancing, and checkirlo%%tructio � G. Provide servicing and lubrication schedul , a list of luub nts required. H. Include manufacturer's printed oper fldmaintenxce instru S. I. Include sequence of operation by c n manu urer. J. Provide original manufacturer's C ist, lu a►is, ass �awi s, and diagrams required for maintenance. ` Z K. Additional Requirements: ecified ' i $idual ZSpe ections. 3.06 CLOSE OUT DOCUMEN AL S 6 A. Provide all Close ati �i digital for ed in rles, and neatly organized for ease of navigation. rrange cificatiofetPonls a of Contents. Architect can provide file format for use ed. B. Where paper documen provi d b anufac can into records and combine and include into Hard e Out uments. C. Binders: Commer ality, - 11 incD side ring binders with durable plastic covers; 2 incgo maximum r z When Itiplbinders are used, correlate data into related consistent rou in s. 9 P g � D. Cover:taOINS; y each binde ith t ed in ed title OPERATION AND MAINTENANCE INS Uidentify title of P e ,identify subject matter of contents. E. Di�cid r Provide tabbed dividers for each separate product and system; identify the contents bnl5o divider tab; immediately following the divider tab include a description of product and mal6r component parts of equipment. ext: Manufacturer's printed data, or typewritten data on 24 pound paper. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. H. Arrange content by systems under specification section numbers and sequence of Table of Contents of this Project Manual. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, in three parts as follows: 1. Operating instructions. 2. Maintenance instructions for equipment and systems. 3. Maintenance instructions for special finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents. FAYONC22.00 CLOSEOUT SUBMITTALS Fayetteville Town Center Roof 01 7800 - 3 09-13-2023 Restoration Page 112 of 948 4. Air and water balance reports. 5. Certificates. 6. Photocopies of warranties and bonds. J. Provide a listing in Table of Contents for design data, with tabbed dividers and space for insertion of data. K. Table of Contents: Provide title of Project; names, addresses, and telephone numbers of Architect , Consultants, and Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. L. Arrange digital PDF copies of documents in similar fashion using file folders. Na e e with simple explanation of contents using shortest file names type possible. Prove tal files on flash USB drives. M. Provide owner training videos saved electronically and transmitted in U(Qsje Provide sign - in sheets for all attendees for Owner Training sessions and include in cl END OF SECTION O � •o P o � � o 0 o � � FAYONC22.00 Fayetteville Town Center Roof Restoration CLOSEOUT SUBMITTALS 01 7800 - 4 09-13-2023 Page 113 of 948 SECTION 02 4100 DEMOLITION PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Selective demolition of building elements for alteration purposes. 1.02 RELATED REQUIREMENTS A. Section 01 1000 - Summary: Limitations on Contractor's use of site and premises. B. Section 01 5000 - Temporary Facilities and Controls: Site fences, security, proteo�rners, and waste removal. C. Section 01 7000 - Execution and Closeout Requirements: Project condition Action of bench marks, survey control points, and existing construction to remain- tion of removed products; temporary bracing and shoring. 1.03 REFERENCE STANDARDS A. 29 CFR 1926 - Safety and Health Regulations for Construction C lfctltdition. B. NFPA 241 - Standard for Safeguarding Construction, Alterati Demolition Operations 2022, with Errata (2021). PART 2 PRODUCTS P 2.01 MATERIALS • A. Insulation: As specified in Section - Th I Insula�o PART 3 EXECUTION • ` 3.01 SCOPE O • A. Removal and replacem ny des' at dwet i n ide f' mid -wave infra -red scan. 1. Scanner shal red rtifie� Ther her . 2. The infra - an will b med p ' ny wo completed. 3. No demolition to be p d wi t approv le Architect or Owner 3.02 GENERAL PROCEDURES RO C'�`"NDITI I A. Comply with appli a es an lationlition operations and safety of adjacent structures and the b 1. Obtain quired per 2. Take tons t cat or uncontrolled collapse of structures to be re o o not allo worker cess within range of potential collapse of uns structures. 3. ide, erect, and maintain t orary barriers and security devices. duct operations to minimize effects on and interference with adjacent structures and ccupants. • y5o: Do not close or obstruct roadways or sidewalks without permit. Conduct operations to minimize obstruction of public and private entrances and exits; do not obstruct required exits at any time; protect persons using entrances and exits from removal operations. 7. Obtain written permission from owners of adjacent properties when demolition equipment will traverse, infringe upon or limit access to their property. B. Do not begin removal until receipt of notification to proceed from Owner. C. Protect existing structures and other elements that are not to be removed. 1. Provide bracing and shoring. 2. Prevent movement or settlement of adjacent structures. 3. Stop work immediately if adjacent structures appear to be in danger. 3.03 EXISTING UTILITIES FAYONC22.00 Demolition Fayetteville Town Center Roof 02 4100 - 1 09-13-2023 Restoration Page 114 of 948 A. Coordinate work with utility companies; notify before starting work and comply with their requirements; obtain required permits. B. Protect existing utilities to remain from damage. C. Do not disrupt public utilities without permit from authority having jurisdiction. D. Do not close, shut off, or disrupt existing life safety systems that are in use without at least 7 days prior written notification to Owner. E. Do not close, shut off, or disrupt existing utility branches or take -offs that are in use witat least 3 days prior written notification to Owner. F. Locate and mark utilities to remain; mark using highly visible tags or flags, with id ion of utility type; protect from damage due to subsequent construction, using substa a ricades if necessary. G. Remove exposed piping, valves, meters, equipment, supports, and fou ati of disconnected and abandoned utilities. 3.04 SELECTIVE DEMOLITION FOR ALTERATIONS A. Drawings showing existing construction and utilities are based o`�s al field observation and existing record documents only. 1. Verify that construction and utility arran ignts ar aslcated. 2. Report discrepancies to Architect b fore isturbing e ' ting installation. 3. Beginning of demolition work cons�s acceptance of existi conditions that would be apparent upon examination pri tc� arting dem ition. KI B. Protect existing work to remain. ♦ O 1. Prevent movement of str e, providPhi;S�iag an®rin g if ne ssary. 2. Perform cutting to acco h remoly anecified f tting new work. 3. Repair adjacent co r ion and ni s dam � work. 11:;� 4. Patch as specifi tchin ri ork. 3.05 DEBRIS AND WASTE VAL A. Remove debris, jun and tra sit B. Leave site in clean conditi ady fo uent w k.� C. Clean u spillage n n ris om u I Yprivate lands. p� � p� p FS N' � O G FAYONC22.00 Demolition Fayetteville Town Center Roof 02 4100 - 2 09-13-2023 Restoration Page 115 of 948 SECTION 07 2100 THERMAL INSULATION PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Board insulation at over roof deck. 1.02 REFERENCE STANDARDS A. ASTM C1289 - Standard Specification for Faced Rigid Cellular Polyisocyanurate Their Insulation Board 2023. B. ASTM D1621 - Standard Test Method for Compressive Properties of Rigid Cell tics 2016 (Reapproved 2023). C. ASTM E84 - Standard Test Method for Surface Burning Characteristics g Materials 2023b. D. ASTM E96/E96M - Standard Test Methods for Gravimetric DetermiroOn o Water Vapor Transmission Rate of Materials 2022a, with Editorial Revision (20 1.03 SUBMITTALS A. See Section 01 3000 - Administrative Requi nts, fo&b, l procedures. B. Product Data: Provide data on product c ara teristics, rmance criteria, and product limitations. . � ' C. Installation schedule: Provide des of loca�le ns where a posed product will be installed. Include description of nce witlfl�rWated, A s al and NFPA 285 details. D. Manufacturer's Installation In ons: I Pion `format' % pecial vironmental conditions required for ins and in tech"' + E. Manufacturer's Certific rtify th ucts m r�excee fl2d requirements. 1.04 FIELD CONDITIONS A. Do not install insula on adhe �en to r�lre or 'conditions are detrimental to successful installation. PART 2 PRODUCTS ow 2.01 APPLICATION SCHEDM- A. Insulation Over Ro ck: P anurate. 2.02 BOARD INSU I�MAT A. Polyiso r (ISO)XrdTnsu i cellular foam, complying with ASTM C1289. 1. Class- nations: Type 11: (P 1) Class 1 - Faced with glass fiber reinforced cellulosic felt facers on both major surfaces of core foam. 2) Compressive Strength: Classes 1-2-3, Grade 1 - 16 psi (110 kPa), minimum. `61 3) Thermal Resistance, R-value: At 1-1/2 inch thick; Class 1, Grades 1-2-3 - 8.4 (1.48) at 75 degrees F. 2. Board Size: 48 inch by 96 inch. 3. Board Thickness: 2.0 inch. Provide insulation in layers as necessary to match existing insulation thickness, minimum 2 layers of insulation. 4. Tapered Board: Slope as indicated; minimum thickness 0.5 inch; fabricate of fewest layers possible. 5. Manufacturers: a. Carlisle SynTec; InsulBase Polyiso Insulation: www.carlisle-syntec.com/ sle b. Atlas Roofing Corporation; ACFoam-11 Polyiso Roof Insulation: www.atlasroofing.com/ sle. c. GAF; EnergyGuard Polyiso Insulation: www.gaf.com/ sle. FAYONC22.00 Thermal Insulation Fayetteville Town Center Roof 07 2100 - 1 09-13-2023 Restoration Page 116 of 948 2.03 ACCESSORIES A. Tape: Bright aluminum self -adhering type, mesh reinforced, 2 inch wide. B. Insulation Fasteners: Impaling clip of unfinished steel with washer retainer and clips, to be adhered to surface to receive insulation, length to suit insulation thickness and substrate, capable of securely and rigidly fastening insulation in place. C. Adhesive: Type recommended by insulation manufacturer for application. PART 3 EXECUTION f 3.01 EXAMINATION ` A. Verify that substrate, adjacent materials, and insulation materials are dry and th rates are ready to receive insulation. B. Verify substrate surfaces are flat. 3.02 BOARD INSTALLATION OVER LOW SLOPE ROOF DECK G A. Board Installation Over Roof Deck, General: 1. See applicable roofing specification section for specific boa a lation requirements. 2. Fasten insulation to deck in accordance with roofing man rer's written instructions. 3. Do not apply more insulation than can ered hoing on the same day. 3.03 PROTECTION , A. Do not permit installed insulation to > ged prior�p its conce ent. E SECTuam O � P � o 0 o � � o• G FAYONC22.00 Thermal Insulation Fayetteville Town Center Roof 07 2100 - 2 09-13-2023 Restoration Page 117 of 948 Bid 23-35, Addendum 1 CITY OF _ FAYETTEVILLE Date: Thursday, September 21, 2023 V4W A R KA N SAS To: All Prospective Vendors From: Amanda Beilfuss-479.575.8220—.abeilfuss@fayetteville-ar.gov RE: Bid 23-35, Construction —Town Center Roof Restoration This addendum is hereby made apart of the contract documents to the same extent as th were originally included therein. Interested parties should indicate their receipt of same in the ;KW�e blank of the Bid. BIDDERSSHALL ACKNOWLEDGE THISADDENDUM ON THEDESIGNATED LOCATIDBID FORM. -�k Two (2) sections are missing from the Project Man al (Bid 23-35, 1— PROJECT MANUAL). These sections are identified below and are attached to t den1: a. SECTION 07 0150.74 —REHABILITAT ODIFIEfi BITUME�Q OF MEMBRANE VIA LIQUID APPLIED ROOF SYSTEM (BASE BID) O b. SECTION 07 0150.75 — REHA TION IFIED N RCyMEMBRANE VIA FLEECE BACK TPO OVERLAY (ALTE� � � ` P � o 0 o � � G o � o. G City of Fayetteville, AR Bid 23-35, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 118 of 948 SECTION 07 0150.74 REHABILITATION OF MODIFIED BITUMEN ROOF MEMBRANE VIA LIQUID APPLIED ROOF SYSTEM (BASE BID) PART 1GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions. 1.02 SUMMARY This Section includes the following: v 1. Perform Infra -Red Roof Scan with a mid -wave infra -red camera. Long wa era's are not acceptable on a reflective surface and may not provide accurate s asults. Scanner will be a certified Level 1 Thermographer. The infra -re al be performed prior to any work being completed. 2. Removal and replacement of any designated wet areas identify infra -red scan. This will be completed prior to power washing the roof in prepara Nthe roof restoration process. 3. Roof repairs as needed for preparation of liquid applie ystem. 4. Roof cleaning preparation for liquid applied rpof s e 5. Reinforce all field, flashing, penetra 'ons$nd drain la with alternative courses of base coat and reinforcement fabric. • 6. Application of fluid -applied roo rane and flaeshings o RNsting modified bitumen roof system of 48 mils of b t and 3 of top�co t. 7. Installation of traffic walkw s ith sic %broads � the Zating and back rolled. 1.03 MATERIALS OWNERSHIP , • A. Demolished materials s b come tr i:or's pr and s tanmoved from Project site and disposed r er 1.04 DEFINITIONS A. Roofing Term inolog . Refer M d glos RCA's "The NRCA Roofing Manual" for B. definition of terms r t d Toofin or this S C. Existing Roofing ste : Modifi men ystem. D. Roofing Re -Coating repa ti n. �cisting r ofin that is to remain and be prepared to accept restorative coating�appli ti • E. Patching: Re4val of a p ion of motetsmbrane roofing system from deck or removal of selected �cawponents and accessories om existing membrane roofing system and Vined ent with similar materials.F. Detach items from existing construction and legally dispose of them off -site unless to be removed and reinstalled. • xisting to Remain: Existing items of construction that are not indicated to be removed. RFORMANCE REQUIREMENTS A. General: Provide recoated roofing membrane and base flashings that remain watertight; do not permit the passage of water; and resist specified uplift pressures, thermally induced movement, and exposure to weather without failure. B. Accelerated Weathering: Roofing system shall withstand 2000 hours of exposure when tested according to ASTM G 152, ASTM G 154, or ASTM G 155. FAYONC22.00 REHABILITATION OF MODIFIED BITUMEN ROOF MEMBRANE VIA LI UID APPLIED ROOF SYSTEM (BASE BID) Fayetteville Town Center Roof 07 0150.74 - 1 09-21-2023 Restoration Page 119 of 948 C. Material Compatibility: Provide roofing materials that are compatible with one another under conditions of service and application required, as demonstrated by roofing manufacturer based on testing and field experience. D. Energy Performance: Roofing system shall have an initial solar reflectance index of not less than 0.83 and an E. thermal emittance of 0.90 when tested according to CRRC (Cool Roof Ratings Council). F. Provide third party testing that meets or exceed performance requirements as listed in P oduct Section 2.1. G. ASTM E-108 Class A Rating H. Certified USDA Bio Based Product 1.06 QUALITY ASSURANCE V A. Installer ualifications: A qualified firm that is approved, authorized, or I en d by roofing system _ 0 C. D. E. manufacturer to install manufacturer's product and that is eligible warranty. All employees employed on project must ha OSHA 10 o ` Contractor must provide a 100% payment an perform lb ( ive manufacturer's Tfication class. and 5% bid bond. Manufacturer must provide a local eruplo to provide minimum twice weekly inspections and provide weekly progress reports to �rchit t and Own?r. Roofing Rehabilitation Pre-instalotiorLtonferen ondu P fe ence at Project site to review procedures related to roofing systent. Meet h er; ro materials manufacturer, roofing Installer including project mahag�piand f \i ,wand in ers whose work interfaces with or affects re -coating includin4 i t�flers of o cessori d roof -mounted equipment requiring removal and replacement aVart of t rk. 1. Review met s a proce fated t /eating roofing systerhmanYactu written ins ons. 2. Review temporary rote Te ui for existi(iq�� i p rY p q e V during and after inst . on, including membrane ng system that is to remain, 3. Review roof drain ringNchn ge of re- and review roof drain plugging and plug removal c�es.4. Review and ali constru ched verifyavailability of materials, Installer's Y person el, equ ent a sties n dei!►to make progress and avoid delays. 5. RevieW.- ashi s s ial ro etails, drainage, penetrations, equipment curbs, anof oth co stru ill affect re -coating. 6. Revsnwrl xisting condi ns t t mi7j►require notification of Owner before proceeding. fiction 01 3000-Administrative Requirements for submittal procedures. uct Data: Provide manufacturer's data for membrane and accessory materials. Photographs or Videotape: Show existing conditions of adjoining construction and site improvements, by re -coating operations. Submit before Work begins. Manufacturer Inspection Reports: M 3 reports provided by roofing manufacturer's technical inspector. Include weather conditions, description of work performed, defective work observed, and corrective actions required and carried out. 1.08 CLOSEOUT SUBMITTALS A. Maintenance Data: To include in maintenance manuals. FAYONC22.00 Fayetteville Town Center Roof 07 0150.74 - 2 Restoration REHABILITATION OF MODIFIED BITUMEN ROOF MEMBRANE VIA LI UID APPLIED ROOF SYSTEM (BASE BID) 09-21-2023 Page 120 of 948 B. Warranty: Submit manufacturer warranty and ensure forms have been completed in Owner's name and registered with manufacturer. 1.09 PROJECT CONDITIONS A. Owner will occupy portions of building immediately below re -coating area. Conduct re -coating so Owner's operations will not be disrupted. B. Provide Owner with not less than 72 hours' notice of active that may affect Owner's operations. C. Protect building to be rehabilitated, adjacent buildings, walkways, site improvements, a rior plantings, and landscaping from damage or soiling from rehabilitation operations. D. Maintain access to existing walkways, corridors, and other adjacent occupied or u� &ilities. E. Weather Limitations: Proceed with rehabilitation work only when existing and c ted weather conditions permit Work to proceed without water entering into e ' i V fing system or building. 1. Store all materials prior to application at temperatures between 60 0 deg. F. 2. Apply coatings within range of ambient and substrate tempera recommended by manufacturer. � � 3. Do not apply materials when air temperature is below 50 s or above 110 deg. F. 4. Do not apply roofing in snow, rain, fog, ist. F. Hazardous Materials: It is not expected that zardousA�na s such as asbestos -containing materials will be encountered in the Wo� 1. If materials suspected of cont��i11� azardous rAterials arPby untered, do not disturb; immediately notify Owner. Haarlj�?as mat will bere Owner under a separate contract. vv 1.10 WARRANTY �IN • 6 O • A. Contractor Warranty: 1. Roofing Contrac provie 1 yea tr c or's wa n leak coverage including both labor a als f r eft two y �� B. Manufacturer's Wa nty:, 1. Special Warranty: Ma rers or cusd form, in which manufacturer agrees to repair or r2 a9 comp of fluid-d roofing that fail in materials or workmanshi<ajher h i s ��cified �erra y period re includes roof leaks. 2. Special warr des r meryia .6 a flashings, roofing membrane accessories co nts of flui lied roofing. 3. Warra Period: 15 f m date o Substantial Completion includes labor and matV'12V'� 4. Maer shall p ide in c d limited housekeeping including removal of i �s in Years 21 5 an 10 f the 15 year warranty. 5. �nufacturer will provide with rranty a online roof asset management program whereby IVclient can access the roof information including, existing construction from the deck p, photos of the roof, warranty and log in to see the inspections, such as final inspection, • and inspections in Years 2, 5 and 10. ODUCTS 3.:;FLUID APPLIED POLYURETAHNE ROOF SYSTEM CONSISTING OF TWO COMPONENT BASE COAT AND TWO COMPONENT TOP COAT A. Basis of Design 1. Tremco CPG, Inc.; AlphaGuardTm BIO Liquid Applied Roof Restoration System; www.tremcoroofing.com 2. Substitutions: See Section 01 6000-Product Requirements. FAYONC22.00 REHABILITATION OF MODIFIED BITUMEN ROOF MEMBRANE VIA LI UID APPLIED ROOF SYSTEM (BASE BID) Fayetteville Town Center Roof 07 0150.74 - 3 09-21-2023 Restoration Page 121 of 948 B. Performance Requirements is as follows for the fluid applied roof system. 1. Percent solids (by weight), 100% ASTM D 1644: 2. Water Vapor Transmission:.019 perm -in. According to ASTM E96. 3. Tensile Strength 750 psi ASTM D 412 4. Elongation 50% ASTM D 412 5. Shore Hardness 81 ASTM D 2240 6. Tear Strength 75 psi ASTM D 624 7. Aliphatic Urethane Top Coat: UV -stabilized, chemical -resistant top coat: _♦ 8. Volatile Organic Compounds (VOC), ASTM D 3960: Not greater than 6 g/L. 9. Elongation at break, ASTM D 7311: Not less than 340 percent 10. Tensile Strength, ASTM D 7311: Not less than 1,400 Ibf/sq. in. _^ 11. Tear Resistance, ASTM D 7311: Not less than 150 Ibf/in. `- 12. Accelerated Weathering, 5000 hour, ASTM D 7311: Pass, no crac ' ecking. 13. Percent solids (by weight), ASTM D 1644: 100%. 14. Color: White. 2.02 MATERIALS A. General: Re -coating materials recommended by roofing systeufacturer for intended use and compatible with components of existing brane r�°f g ystem. B. Temporary Roofing Materials: Selection of m erials a�d !iggnn of temporary roofing is responsibility of Contractor. C. Infill Materials: Where required to r est cor s a?d to pat is ng roofing, use infill materials matching existing mem oofing :Ksfkn matet ess otherwise indicated. 2.03 FLUID APPLIED ROOFING ME • O A. Polyurethane Elastomeric pplied t B. Polyester Reinforceme % stitc d, p I sbric r ' ` ent mat for fluid applied membran hi s. pp 9 2.04 AUXILIARY ROOFING O NG RIALS A. General: Auxiliary material me vaofing s manufacturer for intended use and compatible with exi r fin s�nd flui - d roofing system. B. Metal Surface Pri e-comp ent primer note adhesion of base coat to metal surfaces as reco en ed by ro it anuf C. Asphaltic Su aces Primer- i �9 compon t, rrit�lti-substrate water based primer to promote adhesion o spat t Z recp ed by manufacturer. D. Concret e Primer: o co ri , 0% solids primer to promote adhesion of base coa c to surfaces. E. - Mastic and Repair Mastic - High solids moisture curing aliphatic polyurethane mastic it % elongation. F6Mi cellaneous Accessories: Provide miscellaneous accessories recommended by roofing •` ystem manufacturer. 3 EXECUTION 3. PREPARATION A. Protect existing roofing building components that is indicated not to be rehabilitated, and adjacent portions of building and building equipment. 1. Mask surfaces to be protected. Seal joints subject to infiltration by coating materials. B. Shut down air intake equipment in the vicinity of the Work in coordination with the Owner. Cover air intake louvers before proceeding with re -coating work that could affect indoor air REHABILITATION OF MODIFIED FAYONC22.00 BITUMEN ROOF MEMBRANE VIA LI UID APPLIED ROOF SYSTEM (BASE BID) Fayetteville Town Center Roof 07 0150.74 - 4 09-21-2023 Restoration Page 122 of 948 quality or activate smoke detectors in the ductwork. 1. Verify that rooftop utilities and service piping affected by the Work have been shut off before commencing Work. C. Maintain gutters and drain free of drainage in functioning condition to ensure roof drainage at end of each workday. 1. Prevent debris from entering or blocking roof gutters and drains. 2. Do not permit water to enter into or under existing membrane roofing system components that are to remain. 3.02 ROOFING RE COATING PREPARATION A. Membrane Surface Preparation: 1. Remove blisters, ridges, buckles, repair irregularities projecting above the rane, and other substrate irregularities from existing roofing membrane that woulcfy t application of uniform, coating. J 2. Repair membrane at locations where irregularities have been rem 3. Clean substrate of contaminants such as dirt, debris, oil, and g se t at can affect adhesion of coating by power washing at maximum 2000 psi o to dry thoroughly. 4. Verify that existing substrate is dry before proceeding wit cation of coating. B. Limited Roof Tear -Off: 1. Remove and replace the wet areas as identified ra d scan. Remove down to the existing metal decking. Install insulation k match exis g height and install new two ply modified bitumen roof system 11.0mat existing. 2. Notify Owner each day of ext . N6of tea (� proposed btain authorization to proceed. K` 3. During removal operatic) a� e su • i;nd suit �terials -site to facilitate rapid installation of temporar ection i ent of ectedt i C. Prime Substrate: G D. Apply manufactur end r er at 2 �0 sq. pe allon per gallon over all modified roof surfa E. Prime metal surface will be rumen I primer. v F. Concrete surfaces will b d with ende t n ete primer. 3.03 FLASHING REPAIR G A. At curbs, walls, an e etrations� �✓ 1. Clean vbstrates of t m ants, dirt andtiebris. 2. Mask off�?eril�eter r erect �ted areas intersect with coated areas to keep surfaces clean of co g. 3. Apply liquid applied flashings{tip * under the existing metal counterflashing. Existing (ynetal counter flashing will ext down over new liquid applied flashings. If fluid applied �fJaAhing system cannot be applied under existing counterflashings, install new skirt metal inned to the existing counterflashing that will extend down over the new fluid applied flashings. • t existing wall counterflashings, grind off old sealant at the top of the metal counterflashings and install a new bead of polyurethane sealant as recommended by roofing manufacturer. Sealant should be concaved outward. Tool neatly. C. At high wall flashings install fluid applied base flashings. Extend flashings up under inside face of metal cop ing. If metal coping is too tight, install new skirt metal under existing metal coping that will extend down over new fluid applied flashing system. D. At pitch pans, clean, grind off all material that is on existing pipe and encapsulate entire pitch pan with fluid applied roof system, extending the fluid applied system up the pipe penetration REHABILITATION OF MODIFIED FAYONC22.00 BITUMEN ROOF MEMBRANE VIA LI UID APPLIED ROOF SYSTEM (BASE BID) Fayetteville Town Center Roof 07 0150.74 - 5 09-21-2023 Restoration Page 123 of 948 minimum 4". 3.04 SEAM REPAIRS A. All laps must be completely sealed with a three -course system of alternative courses of base coat, reinforcing polyester membrane, followed by a second layer of base coat (approximately 80 dry mils thick) At all field seams, flashing seams and penetration seams. 3.05 DRAIN FLASHING REPAIRS A. Remove clamping ring. B. Prime substrate. C. Apply alternative courses of base coat and polyester reinforcement down into draih* D. Install base coat at 48 wet mils. E. Apply top coat at 32 mils. F. Re -install clamping ring. G 3.06 FLUID APPLIED MEMBRANE APPLICATION A. Base Coat Single Ply Roof Membrane: Apply base coat to flash) aces in accordance with manufacturer's written instructions. 1. Back roll to achieve minimum wet mil thick sP 8 wet mils over modified roof, verify thickness of base coat as work pr resses i ge. 2. Apply base coat on prepared su4faAs a d spread coa ing eK'. . 3. Allow base coat to cure rior t I ation of to oat. 4. Following curing of base coat nNior to ca on oft, sand or grind raised or exposed edges of reinforc at. `W B. Base Coat Modified Bitumen �embrarieQ4 ply ba to 4s surfaces in accordance with manufa n ten ' structions. 1. Back roll to achie um w 1bjJkoafel4uf.aPIQ ss ofails over modified membrane, s e ise o mendr'�erify thickness of base coat as work es il- a e. g g2. Apply base co on pre urfa svenly. 3. Allow base coat to c to I' oftop4. Following curing '�' coat nd for to app' alf top coat, sand or grind raised or exposed edg forcemma along as needed. C. Top Coat Over Mo Roof:I top coat�ii mly in a complete installation to field of roof and flashing . 1. Prime ase oVat w' - e p4c$0 p cation of top coat if top coat is not applied wit i J�urs of th ase c Grp n, using manufacturer's recommended primer. 2. App coat to flashings e end g coating up vertical surfaces and out onto horizontal aces 4 inches. Install top t over field base coat and spread coating evenly. k roll to achieve wet mil thickness of 32 mils or 2 gallons per square unless otherwise ecommended by manufacturer. 414. Avoid foot traffic on new fluid -applied membrane for a minimum of 24 hours. lip Resistant Walk Ways: 1. Apply walkways following application and curing of top coat. Locate as indicated, or as directed by Owner. 2. Mask walkway location with tape. 3. Prime top coat prior to application of walkway if walkways are not installed within 72 hours of field finish top coat. 4. Apply walkway top coat at 1.25 gallons per square, broadcast 20-40 mesh silica sand at 20-30 lbs./S and back rolled in an additional layer of top coat using Safety Yellow as the REHABILITATION OF MODIFIED FAYONC22.00 BITUMEN ROOF MEMBRANE VIA LI UID APPLIED ROOF SYSTEM (BASE BID) Fayetteville Town Center Roof 07 0150.74 - 6 09-21-2023 Restoration Page 124 of 948 color. E. Pipe Supports: 1. Replace all wood block pipe supports for composite wood supports. 2. Install pad under all pipe supports. 3.07 PROTECTING AND CLEANING A. Protect roofing system from damage and wear during remainder of construction period. B. Correct deficiencies in or remove coating that does not comply with requirements, repai� substrates, and reapply coating. C. Clean overspray and spillage from adjacent construction using cleaning agents adures recommended by manufacturer of affected construction. END OF SECTION n` G 0 � •o P o � � o 0 o � � G o \CO o• G REHABILITATION OF MODIFIED FAYONC22.00 BITUMEN ROOF MEMBRANE VIA LI UID APPLIED ROOF SYSTEM (BASE BID) Fayetteville Town Center Roof 07 0150.74 - 7 09-21-2023 Restoration Page 125 of 948 SECTION 07 0150.75 REHABILITATION OF MODIFIED BITUMEN ROOF MEMBRANE VIA FLEECE BACK TPO OVERLAY (ALTERNATE)) PART 1GENERAL 1.01 DESCRIPTION A. The project consists of installing Carlisle's Sure -Weld (TPO) White FleeceBACK 115 membrane adhered with Flexible FAST Adhesive as outlined below: 1. Apply the Sure -Weld FleeceBACK Adhered Roofing System directly to the existi Modified / Aluminum Coated roof. 2. Examine and retrofit roof drains where existing leaks have been identified a. Provide unit cost for drain replacement 3. Examine parapet nailers and replace as needed. a. Provide unit cost for nailer replacement 4. Install tapered panels in low sections or areas as identified by specc wner as needing watershed improvement. 5. Install new Metal Flashing on parapet walls and roof edge ns. 1.02 EXTENT OF WORK A. Provide all labor, materials, tools, equipmen supe io'Qcessary to complete the installation of the Sure -Weld FleeceBACK Ad red Roofin System including flashings and insulation as specified herein and asindicat-,d on the awings in�ordance with the manufacturer's most current specifiq*atiNs and detail B. The roofing contractor shall be f Wwledg all r nts of the contract documents and shall make th 1 es a r o job si itions X, will affect their work. C. The roofing contractor sh m all formati 'advi * Chitect and building owner, prior to bid, of a o licts th t ill ect thIpt pro s D. Any contractor wh 'n t sub a id usin ing s VVV tem er than the specified manufacturer mus 1►the r actures data ar ical details for review by architect. ✓✓✓ VVV 1.03 SUBMITTALS v A. Prior to starting wor t ee ing c trac r musts i he following: 1. Shop drawin s s �ffng lay tails ($ Rlction and identification of materials. 2. A sample of t nufac �' MembrNptem Warranty. 3. Sub mi�izel^o ter of ce ' ' io from t e anufacturer which certifies the roofing contractor is a ins anuf�,r roofing system and lists foremen who have re iining fro e m aL r long with the dates training was received. 4. e f tion from the membr a anufacturer indicating the membrane thickness over reinforcing scrim (top ply m brane thickness) is nominal .015-mil or thicker. rtification of the manufacturer's warranty reserve. B� U completion of the installed work, submit copies of the manufacturer's final inspection to .` `a specifier prior to the issuance of the manufacturer's warranty. 'VARODUCT DELIVERY, STORAGE AND HANDLING A. Deliver materials to the job site in the manufacturer's original, unopened containers or wrappings with the manufacturer's name, brand name and installation instructions intact and legible. Deliver in sufficient quantity to permit work to continue without interruption. B. Comply with the manufacturer's written instructions for proper material storage. 1. Store Sure -Weld membrane in a dry, cool, shaded area in the original undisturbed plastic. Sure -Weld membrane that has been exposed to the elements for approximately 7 days REHABILITATION OF MODIFIED FAYONC22.00 BITUMEN ROOF MEMBRANE VIA FLEECE BACK TPO OVERLAY (ALTERNATE)) Fayetteville Town Center Roof 07 0150.75 - 1 09-21-2023 Restoration Page 126 of 948 must be prepared with Weathered Membrane Cleaner prior to hot air welding. 2. Store curable materials (adhesives and sealants) between 60°F and 80°F in dry areas protected from water and direct sunlight. If exposed to lower temperature, restore to 60°F minimum temperature before using. 3. Store materials containing solvents in dry, well ventilated spaces with proper fire and safety precautions. Keep lids on tight. Use before expiration of their shelf life. C. Insulation must be on pallets, off the ground and tightly covered with waterproof materials. D. Any materials which are found to be damaged shall be removed and replaced at the ink, 1lers expense. �� 1.05 WORK SEQUENCE A. Schedule and execute work to prevent leaks and excessive traffic on complet o € sections. Care should be exercised to provide protection for the interior of the buil o ensure water does not flow beneath or wick into any completed sections of the a ne system. B. Do not disrupt activities in occupied spaces. 1.06 USE OF THE PREMISES A 1.9 Before beginning work, the roofing contractor must secure aprom the building owner's representative for the following: O 1. Areas permitted for personnel parking. 2. Access to the site. 3. Areas permitted for storage of and debys. 4. Areas permitted for the locatio nes, is and chu oading and unloading materials to and from the r Interior stairs or elevators m e us 14 r oving `or deli g materials, except as authorized by the buildi erinten t` ' ' b 1.07 EXISTING CONDITIONS If discrepancies a ered b the e ' i Zronditio an those noted on the drawings, immedia�ir o fy th er's rep tive b o and solicit the manufacturer's approval prior to co mencin he cessa shall be taken to make the building watertight until th pan esolveq[. 1.08 JOB SITE PROTECTI The roofing contraLtor rall shrubs, trees, etc. fFWdam and sheet 4ki (properl at comp) e�cont damaget *NM the roofin v prote, paved areas, service drives, lawn, perfo mi e required work. Provide canvas, boards I as nee ary for protection and remove protection material rep r responsible for costs to repair all property Du tlpFe roofing contractor's perf!ldnce of the work, the building owner will continue to u he existing building. The contractor shall take precautions to prevent the spread of dust n ris articular) where such material may sift into the building. The roofing contractor particularly Y 9 9 sh provide labor and materials to construct, maintain and remove necessary, temporary enclosures to prevent dust or debris in the construction area(s) from entering the remainder of the building. Do not overload any portion of the building, by either use of or placement of equipment, storage of debris, or storage of materials. Protect against fire and flame spread. Maintain proper and adequate fire extinguishers. E. Take precautions to prevent drains from clogging during the roofing application. Remove debris at the completion of each day's work and clean drains, if required. At completion, test drains to ensure the system is free running and drains are watertight. Remove strainers and plug drains REHABILITATION OF MODIFIED FAYONC22.00 BITUMEN ROOF MEMBRANE VIA FLEECE BACK TPO OVERLAY (ALTERNATE)) Fayetteville Town Center Roof 07 0150.75 - 2 09-21-2023 Restoration Page 127 of 948 in areas where work is in progress. Install flags or other telltales on plugs. Remove plugs each night and screen drain. F. Store moisture susceptible materials above ground and protect with waterproof coverings. G. Remove all traces of piled bulk material and return the job site to its original condition upon completion of the work. 1.09 SAFETY A. The roofing contractor shall be responsible for all means and methods as they relate to fety and shall comply with all applicable local, state and federal requirements that are safe lated. Safety shall be the responsibility of the roofing contractor. All related personnel s I instructed daily to be mindful of the full time requirement to maintain a safe envir for the facility's occupants including staff, visitors, customers and the occurrence of th e ral public on or near the site. 1.10 WORKMANSHIP V A. Applicators installing new roof, flashing and related work shall be facry fined and approved by the manufacturer they are representing. ,c v B. All work shall be of highest quality and in strict accordance witanufacturer's published specifications and to the building owner's s ' faction. C. There shall be a supervisor on the job site at i es while work is in progress. 1.11 QUALITY ASSURANCE A. The Sure -Weld Membrane Roofing System must chieve a UL asps A. B. The membrane must be manufa ��[aeFby the r I sup 6nufacturer's supplying membrane made by others ar of �cceptta C. Unless otherwise noted in ecifica ' roofin c acto bhctly comply with the manufacturer's current �atfions ails. D. The roofing syste e i stal n app' uthorIked a trained by the manufacturer in c fio e wit p drawin approvec(b+he manufacturer. The roofing applicator shall be t roughly enc on reggst b able to provide evidence of having at least five (5) ye essf a nce instlilling single -ply roofing systems and having installed at least roo 'ng p ication Wral similar systems of equal or greater size within. E. Provide adequate m er of ex ri ced woegularly engaged in this type of work who are skilled in he app icatio t i aes oft e m terials specified. Provide at least one thoroughly nd e nced ntendent on the job at all times roofing work is in progres . F. There sh I no deviations mad ro Ais specification or the approved shop drawings without the prior written a roval 00 s ecifier. An deviation from the manufacturer's p pP P Y rtallat'bn procedures must be supported by written certification on manufacturer's letterhead anVesented for the specifier's consideration. pon completion of the installation, the applicator shall arrange for an inspection to be made by ` a non -sales technical representative of the membrane manufacturer in order to determine whether or not corrective work will be required before the warranty will be issued. Notify the building owner seventy-two (72) hours prior to the manufacturer's final inspection. 1.12 JOB CONDITIONS, CAUTIONS AND WARNINGS A. Refer to Carlisle's FleeceBACK Adhered Roofing System specification for General Job Site Considerations. FAYONC22.00 REHABILITATION OF MODIFIED BITUMEN ROOF MEMBRANE VIA FLEECE BACK TPO OVERLAY (ALTERNATE)) Fayetteville Town Center Roof 07 0150.75 - 3 09-21-2023 Restoration Page 128 of 948 B. Safety Data Sheets (SDS) must be on location at all times during the transportation, storage and application of materials. C. Do not apply Flexible FAST Adhesive when surface and/or ambient temperatures are below 25DEGF. D. The contractor must exercise caution during adhesive spraying to avoid overspray. E. Use a non -atomizing spray tip such as the Graco Spatter Tip and reduce spray pressure to 500 — 800 psi to increase adhesive droplet size and reduce airborn mist. Maintain hand held<ind screens on -site for use as necessary. F. Extruding Flexible FAST Adhesive method may be used to eliminate overspray c °Ll$r . G. When positioning membrane sheets, exercise care to locate all field splices aw low spots and out of drain sumps. All field splices should be shingled to prevent g of water. H. When loading materials onto the roof, the Carlisle Authorized Roofing pli must comply with the requirements of the building owner to prevent overloading and le disturbance to the building structure. I. Proceed with roofing work only when weather conditions are in nce with the manufacturer's recommended limitations, and when condition ermit the work to proceed in accordance with the manufacturer's requi ants and rc endations. J. Proceed with work so new roofing mated�'Scci C not su je toconstructiontraffic. When necessary, new roof sections shall bey ted and inspec ed up completion for possible damage. Provide protection, such a�► h thick plAood, for a4�roh'bf areas exposed to traffic during construction. Plywood must I e ooth aniftee of fa�tc� e nd splinters. K. The surface on which the insulal(Nr roofing membrane i �lqe applied shall be clean, smooth, dry, and free of proj(fcfiqft or coVbminants thaAvould prevent pr per application of or be incompatible with the i allatio ,sum as fins,�harp ed feign materials, oil and grease. L. New roofing shall o lete n er tig lend o e rk day. Care must be taken to avoid wick a er th he flee roperly li exposed edges of the membrane M. Contaminants such as grfats anall not wed to come in direct contact with the roofing membra O 1.13 WARRANTY A. Provide man facture s 20 e System Warranty covering both labor and material with no dollar lir�ta4ion►�Thewind*peed coverage shall be peak gusts of 55mph measur 10 meters a ve rou,dWel. Certification is required with bid submittal indicating the manuf c rer has revie ed and agreed to such wind coverage. B. W r shall also cover leaks caused by accidental punctures: man-hours per year for 115-mil FleeceBACK W anty shall also cover leaks caused by hail: Hail up to 2" diameter when 115-mil FleeceBACK is installed 1�fPro -rated System Warranties shall not be accepted. Evidence of the manufacturer's warranty reserve shall be included as part of the project submittals for the specifier's approval. F. Provide manufacturer's Edge Metal Warranty, 20 year Covering both labor and material. The maximum wind speed coverage for the edge metal shall be peak gusts of 120mph measured at 10 meters above ground level. PART 2 PRODUCTS FAYONC22.00 REHABILITATION OF MODIFIED BITUMEN ROOF MEMBRANE VIA FLEECE BACK TPO OVERLAY (ALTERNATE)) Fayetteville Town Center Roof 07 0150.75 - 4 09-21-2023 Restoration Page 129 of 948 2.01 GENERAL A. All components of the specified roofing system shall be products of the roofing system manufacturer or accepted by the manufacturer as compatible. B. Unless otherwise approved by the specifier and accepted by the membrane manufacturer, all products (including adhesives, insulation, fasteners, fastening plates and edgings) must be manufactured and supplied by the roofing system manufacturer and covered by the warranty. C. Substitutions: See Section 01 6000-Product Requirements. 2.02 MEMBRANE A A. Furnish Sure -Weld White FleeceBACK 115mil reinforced TPO (Thermoplastic Pol membrane. Membrane thickness over the reinforcing scrim (top -ply thickness) nominal .015-mil or thicker. B. Membrane Weathering Performance: The TPO membrane shall be for lat ith OCTAGUARD XT Weathering Package to withstand 60 days of exposu 275° F temperature and a minimum of 17,000 kj/m2 xenon arc resistance without cracking or showing signs of material failure, exceeding ASTM 6878. 2.03 ADHESIVES, CLEANERS AND SEALANTS A. Flexible FAST Adhesive: An elongating imp istan o oponent insulating urethane adhesive used to attach insulation and FI eK mane. Packaging formats include 50 and 15 gallon drums as well as Dual T Dual Cartridges and 5 allon Bag in a Box formats. 1. Adhesive to provide 150% elo in conjuncto n with fle.<e cked membrane — ASTM D412 ♦ O 2. MDI content of Part A mat i ss t ha ` B. Sure -Weld Bonding Adhesiv - gh-str , ntheti �r ad4e sed for bonding Sure -Weld membrane to surfa e adhes' pp li the membrane and the substrate at a cove to of a atel)6s re fees Ion per finished surface (includes coverag s rfac �// C. CAV-GRIP III Low- C Aeros o tact AdPrimer• VOC, methylene chloride -free adhesive that can b used fo nety f applications i g: bonding Sure -Weld membrane to various surfaces, enhancinr� a bo ween Ca r's apAir Seal 725TR and various substrates, priming unexposed as It r to app exible FAST Adhesive and for adhering Sure -We ure-Flex FI ACK an eld TPO membrane to vertical walls. Coverage rate is a ro imately 0 - ,500er 40 lb cylinder and 4,000-5,000 sq. ft. per 85 lb cylinder as a pr er, in s -sided ppation and 750 sq. ft. per 40 lb cylinder and 11500 sq. ft.' 85 lb cy' r n ad for vertical walls, in a double -sided application. D. Cut -Edge Sealant: A whit r clear Ike lant used to seal cut edges of reinforced Sure - Weld membrane. A coverage rate f approximately 225 - 275 linear feet per squeeze bottle can be (' ved when a 1/8" diameter d is applied. E. ei ut-Off Mastic: Used as a mastic to prevent moisture migration at drains, compression terWhations and beneath conventional metal edging (at a coverage rate of approximately 10' er tube or 100' per gallon). Universal Single -Ply Sealant: A 100% solids, solvent free, voc free, one part polyether sealant that provides a weather tight seal to a variety of building materials. It is white in color and is used for general caulking such as above termination bars and metal counter flashings and at scuppers. G. Thermoplastic One -Part Pourable Sealer: A one -part, moisture curing, elastomeric polyether sealant used to fill TPO Molded Pourable Sealant Pockets. Packaged in 4, 2-liter foil pouches inside a reusable plastic bucket. 1 pouch will fill 2 TPO Molded Pourable Sealant Pockets. FAYONC22.00 REHABILITATION OF MODIFIED BITUMEN ROOF MEMBRANE VIA FLEECE BACK TPO OVERLAY (ALTERNATE)) Fayetteville Town Center Roof 07 0150.75 - 5 09-21-2023 Restoration Page 130 of 948 H. Weathered Membrane Cleaner: Used to prepare membrane for heat welding that has been exposed to the elements or to remove general construction dirt at an approximate coverage rate of 400 square feet per gallon (one surface). I. TPO Primer: A solvent -based primer used to prepare the surface of Sure -Weld Membrane prior to application of Pressure -Sensitive Coverstrip and TPO Pressure -Sensitive RUSS. J. TPO Low VOC Primer:: A solvent -based, low solids primer used to prepare the surface of Sure - Weld Membrane prior to application of Pressure -Sensitive Coverstrip and TPO Pressure - Sensitive RUSS. This low VOC product is ideal for use in states where environmental issues are a concern. A. K. Carlisle CAV-GRIP III Low-VOC Aerosol Contact Adhesive/Primer: a low-VOC, ie chloride -free adhesive that can be used for a variety of applications including: b g Sure - Weld membrane to various surfaces, enhancing the bond between Carlisle' it Seal 725TR and various substrates, priming unexposed asphalt prior to appl ng ible FAST Adhesive and for adhering Sure-Seal/Sure-Weld/Sure-Flex FleeceBAC Sure -Seal EPDM or Sure -Weld TPO membrane to vertical walls. Coverage rate is ap imately 2,000-2,500 sq. ft. per 40 lb cylinder and 4,000-5,000 sq. ft. per 85 lb cylinder as a r, in a single -sided application and 750 sq. ft. per 40 lb cylinder and 1,500 sq. ft. pe I cylinder as an adhesive for vertical walls, in a double -sided applicati n. O 2.04 METAL EDGING AND MEMBRANE TERMINA A. General: All metal edgings shall be tejst�an meet ANSI/ RI ES-1 standards and comply with International Building Code. ` B. Drip Edge: a metal fascia/edge s�y� itcjh a 22 o 4 gaug�eg ous anchor cleat and .032 inch thick aluminum or 24 gauge(s fan is jlCl�q fascia �Q {all as designated by the Owner's Representative. �� ` 1 �r C. Termination Bar: a 1" wi a 98" t ' `uded i m brched 6" on center; incorporates a sealan o sup Sea a rovid ' rased stability for membrane termin 2.05 RETROFIT DRAINS A. Remove existing strainer d d cl^ng. Remorther existing drain components as required to enable flan i lusllon rooMembr O. Jmove any debris or constricting materials in the exi dr in pipe that intbrfere witfi installation. B. Examine the exist w ter leader tqAake s e e are no elbows that prevent the drain stem from be'ng ful serted!!'nt tKe pipe. n U-Flow Seal into end of drain stem and tighten scr nqugh t^Q��Otaseal e during installation. Insert assembled drain into existing pe untill lies i roof membrane. C. Alternately ' hten seal compressi n ri crews with U-Flow Screwdriver until hand -tight. Drain bodorrectly installed when pre a placed on drain body results in no vertical movement. n vertighten the screws. �S e the drain flange to the roof deck/nailer using a minimum of three pan -head fasteners venly spaced around the flange. Install Water Cut -Off Mastic and fl ashing membrane per ` arlisle specifi cations and details. 3 EXECUTION 3.0 GENERAL A. Comply with the manufacturer's published instructions for the installation of the membrane roofing system including proper substrate preparation, job site considerations and weather restrictions. FAYONC22.00 REHABILITATION OF MODIFIED BITUMEN ROOF MEMBRANE VIA FLEECE BACK TPO OVERLAY (ALTERNATE)) Fayetteville Town Center Roof 07 0150.75 - 6 09-21-2023 Restoration Page 131 of 948 B. Position sheets to accommodate contours of the roof deck and shingle splices to avoid bucking water. 3.02 INSULATION PLACEMENT A. Install new tapered insulation over existing system to create watershed ability to scuppers, drains, mechanical unites, and roof hatches. Fill joints or gaps greater than 1/4 inch with Flexible FAST Adhesive. 1. Secure tapered insulation to the substrate with Flexible FAST 6 inches on center 3.03 MEMBRANE PLACEMENT AND BONDING A. Position and unroll successive sheets and align to provide a minimum 2 inch overNS), pre - marked overlap line) along the selvage edge. At end laps (along the width of th membrane shall be butted together which will be overlaid with 6 inch wide S e Reinforced Membrane and hot air welded on all edges. B. FleeceBACK Membrane shall be adhered to existing modified system rlisle Flexible FAST Adhesive. The adhesive is spray applied or extruded to the s tra a only and the membrane is rolled into the wet adhesive once it has foamed up a r ched string/gel time (approximately 2 minutes). Roll the membrane with a 30" wide, and weighted segmented steel roller to set the membrane into the adhesive. C. Apply beads at 6" O.0 for field and perimete sta roOdspeed warranty is specified. 1. Exercise care to prevent overspray nto !err embra . If Flexible FAST Adhesive should contaminate the splice area, im ly (while t e adhesiv still in liquid form) clean with Weathered Membrane CI r allow leble FAS I&ive to cure and remove with a paint -type scraper.' • D. Position adjoining sheets to a inimri[riWvrap of to prde a minimum 1-1/2" hot air weld. 41, Z E. Continue to install adjoi embra pets in th a ma teixrlapping edges a minimum of 2 inches d o plete a onding res previously. 3.04 MEMBRANE HOT All NG DURE A. General 1. The FleeceBACK mine haQ ge edg ( fleece -backing is discontinued) along the length o sheet f brave s . Selvage edges are not provided along the wi of memb adjo'ninamie rane sheets must be butted together and overlaid 'th inch wid S re-Welcrced membrane heat welded on all sides. B. Hot Air WelXaProceclur 1. Hot 'r a NNe S Flees membrane using an Automatic Hot Air Welding Ma 1f Hot Air eVM i dance with the manufacturer's specifications. At Ye intersections, roll th se with a silicone roller to ensure a continuous hot air d seam. e all seams once the hot air welds have thoroughly cooled (approximately 30 inutes). • Repair all seam deficiencies the same day they are discovered. ` Apply Cut Edge Sealant on all cut edges of reinforced membrane (where the scrim reinforcement is exposed) after seam probing is complete. Cut Edge Sealant is not required on vertical splices. 3.05 FLASHING a. Flashing of parapets, curbs, expansion joints and other parts of the roof must be performed using Sure -Weld FleeceBACK membrane or Sure -Weld reinforced membrane. Sure -Weld non -reinforced membrane can be used for flashing pipe penetrations, Sealant Pockets, and scuppers, as well as inside and outside corners, REHABILITATION OF MODIFIED FAYONC22.00 BITUMEN ROOF MEMBRANE VIA FLEECE BACK TPO OVERLAY (ALTERNATE)) Fayetteville Town Center Roof 07 0150.75 - 7 09-21-2023 Restoration Page 132 of 948 when the use of pre -molded accessories is not feasible. b. Follow manufacturer's typical flashing procedures for all wall, curb, and penetration flashing including metal edging/coping and roof drain applications. 3.06 WALKWAYS A. Install walkways at all traffic concentration points (such as roof hatches, access doors, rooftop ladders, etc.) and all locations as identified on the specifier's drawing. 3.07 DAILY SEAL A. On phased roofing, when the completion of flashings and terminations is not achieve the end of the work day, a daily seal must be performed to temporarily close the me o prevent water infiltration. B. Use Flexible FAST Adhesive or other similar material in accordance with the cturer's requirements. 3.08 CLEANUP G A. Perform daily clean up to collect all wrappings, empty containers, p , and other debris from the project site. Upon completion, all debris must be disposed of i Xieaally acceptable manner. B. Prior to the manufacturer's inspection for waltmity, the apli a must perform a pre -inspection to review all work and to verify all flashing ha �ip�t den coe as well as the application of all caulking. E ECTION � •O o P o � � o 0 o � � o, G FAYONC22.00 REHABILITATION OF MODIFIED BITUMEN ROOF MEMBRANE VIA FLEECE BACK TPO OVERLAY (ALTERNATE)) Fayetteville Town Center Roof 07 0150.75 - 8 09-21-2023 Restoration Page 133 of 948 Bid 23-35, Addendum 2 CITY OF _ FAYETTEVILLE Date: Wednesday, October 04, 2023 V4W A R KA N SAS To: All Prospective Vendors From: Amanda Beilfuss-479.575.8220—.abeilfuss@fayetteville-ar.gov RE: Bid 23-35, Construction —Town Center Roof Restoration This addendum is hereby made apart of the contract documents to the same extent as th were originally included therein. Interested parties should indicate their receipt of same in the ;KW�e blank of the Bid. BIDDERSSHALL ACKNOWLEDGE THISADDENDUM ON THEDESIGNATED LOCATIDBID FORM. 1 A non -mandatory Pre -Bid meeting was held in Room #111 of Fayettevill y lall on Thursday, September 28, 2023 at 2:00 PM. The sign -in sheet of attendees is also attached fclosure to all interested parties. a. Attendees: O i. City of Fayetteville: P 1. Amanda Beilfuss, Sr. ing Agen�, 2. Les McGaugh, Purch irect 3. Wade Abernathy Proje Ionstr �2ilan ger 4. Quin Thomps ilitie 4 ilding nark nager 5. Ben Cruce, r ect— chltec 9( 6. John La Arch' e ER i cts ii. Vendors: 1. Adad Illndus 2. CSL — Mater, 3. First S r x 1'iors 4. Fran lin on 5. RI O `� 6. Iih Ro In O 7 Roofing �6. Mid -Ark Roofing G� 09. Milestone Construction ` 10. RBT Roofing 11. Tremco 2. SI sit: There will be an additional site visit on Thursday, October 51" at 4:00 PM at the Fayetteville Town Center. All interested bidders are encouraged to attend. 3. CHANGES TO SCOPE: a. 'DEDUCTIVE ALTERNATE 1' HAS BEEN REMOVED IN ITS ENTIRETY. Any specifications referring to the requirements of Deductive alternate 1 (SECTION 07 0150.75) shall be dismissed. City of Fayetteville, AR Bid 23-35, Addendum 2 Page 112 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 134 of 948 b. Remove Roof Area #6 from the restoration scope (top of entry tower). Please refer to page 2 of the Plans. Numbers 5 & 6 of the Roof Scope of Work notes (Please refer to page 2 of the Plans) should be revised to: i. Roof Scope of Work; note #5: EXISTING SCUPPER, COLLECTION BOX AND DOWNSPOUT TO REMAIN. REMOVE AND RE -INSTALL COLLECTION BOX AND DOWNSPOUT AS REQUIRED FOR ROOFING INSTALLATION. FLASH PER ROOFING MFR'S RECOMMENDATIONS Roof Scope of Work; note #6: EXISTING ROOF DRAIN TO REMAIN. REMOVE AND RE- INSTALL AS REQUIRED FOR ROOFING INSTALLATION. FLASH ROOF DRAIN PER ROOFING MFR'S RECOMMENDATIONS. NOTIFY ARCHITECT OF ANY DAMAG EDZW DRAINS TO BE REPLACED. PROVIDE UNIT COST FOR ROOF DRAIN REPLACE MW PECIFICATIONS. 4. Questions: The following questions have been received and answered bye corresponding department: a. Is there roof access to the east side of the roof? i. Answer: No, the Contractor will+od�o proviQeernal access to the east side of theroof. •^ 5. Substitutions: All substitution requests d ha v reje will not be accepted as allowable substitutions. P � o 0 o � � G o \CO o, IV G .6 City of Fayetteville, AR Bid 23-35, Addendum 2 Page 212 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 135 of 948 A1110-0.9101` City of Fayetteville, Arkansas CITY C> Attendance Sheet FAYETTEV"ILLE ARKA'NSAS ?1FpQ11F #: ✓ ✓✓ �J Description: 3 � .., LNN(,tAAk 8 9 10 11 12 13 14 15 16 17 18 19 20 kM� — 10.t 1!aA/ Function (circle one) : Bid Opening, Selection Committee Meeting Pr , Date:_//J Time: rvlew City staff e-mail includes "@fayetteville-ar.gov" Company Title Phone Email 767 Lk) IF, 2 '--) f-- 1241- ** All Bid Openings are also streamed live on the City of Fayetteville's YouTube Channel. 4179 465 � S' S� of/r�� G� /CSG • �i �->Of �.—, VIA* l 6613 �' P, yn e;® fsr� �c my- Roo A S—Ar' Fr-"S'j A.-G O Sq S - 4 f9 �On a mn L'n 57S'- ar3 63 Page 136 of 948 Bid 23-35, Addendum 3 CITY OF _ FAYETTEVILLE Date: Monday, October 09, 2023 94W A R K A N S A S To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: Bid 23-35, Construction —Town Center Roof Restoration This addendum is hereby made a part of the contract documents to the same extent as th VVItwere originally included therein. Interested parties should indicate their receipt of same in the appr e blank of the Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATIONAMfE BID FORM. Questions: The following questions have been received and answered t corresponding department: a. Is there a linear foot amount you have fort length Qealk paths needed? i. Answer: Please include 200 I �1' 'et of wolf poths. `O P o � � o 0 o � � o• G City of Fayetteville, AR Bid 23-35, Addendum 3 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 137 of 948 CITY OF WA FAYETTEVILLE ARKANSAS Bid 23-35 Addendum 3 Terra Firma Restorations Terra Firma Restorations Supplier Response Event Information Number: Bid 23-35 Addendum 3 Title: Construction - Town Center Roof Restoration Type: Invitation to Bid Issue Date: 9/17/2023 Deadline: 10/12/2023 02:00 PM (CT) Notes: The City of Fayetteville is accepting sealed bids from properly licensed firms for the construction and restoration of the existing modified bitumen roofing system at the Fayetteville Town Center. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss(c)fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss - Sr. Purchasing Agent Address: Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 3 pages Vendor: Terra Firma Restorations Bid 23-35 Addendum 3 Page 138 of 948 Terra Firma Restorations Information Contact: Tyler Kerley Address: 13470 L.C. Hickman Bentonville, AR 72719 Phone: (479) 644-2972 Email: tyler.kerley@tfthompson.com By submitting your response, you certify that you are authorized to represent and bind your company. Tyler Kerley Signature Submitted at 10/1212023 01:58:18 PM (CT) Requested Attachments tyler.kerley@tfthompson.com Email Bid 23-35, Required Signature Forms Town Center Roof Resto BidPackage.pdf Please attach your completed forms. These documents can be found in the Project Manual or as a convenience file in the 'Attachments' tab titled File #00. Bid 23-35, Bid Bond Bid Bond for Fayyetteville.pdf Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with submittal. Bid Attributes 1 Please put cost per square foot for removal and replacement of polyiso roof insulation: Please refer to page 39 of Project Manual. $5.00 2 Please put lump sum cost for removal and replacement of roof drain assembly: Please refer to page 39 of Project Manual. $500.00 3 Please put cost per linear foot for removal and replacement of parapet copings: Please refer to page 39 of Project Manual. $50.00 4 Please put cost per linear foot for removal and replacement of parapet coping nailers: Please refer to page 39 of Project Manual. $45.00 5 Arkansas Secretary of State Filing Number: 811000660 6 Arkansas Contractor License Number: 0286900321 Page 2 of 3 pages Vendor: Terra Firma Restorations Bid 23-35 Addendum 3 Page 139 of 948 7 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. ❑✓ Yes, I agree ❑ No, I don't agree 8 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 2 Yes, I agree ❑ No, I don't agree 9 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 9 1 agree Bid Lines 1 Bonds and Insurance Quantity: 1 UOM: Lump Sum Price: $5,900.00 Total: $5,900.00 2 Mobilization - Shall not exceed 5% of Total Base Bid Quantity: 1 UOM: Lump Sum Price: $10,000.00 Total: $10,000.00 3 Total Base Bid - DO NOT INCLUDE PRICING FOR MOBILIZATION OR BONDS AND INSURANCE IN THIS LINE ITEM Quantity: 1 UOM: Lump Sum Price: $260,000.00 1 Total: $260,000.00 Item Notes: This bid is being bid as a total lump sum. This line item shall include the total construction price for the entire scope of work for this bid. 4 Line deleted as part of an Addendum Response Total: $275,900.00 Page 3 of 3 pages Vendor: Terra Firma Restorations Bid 23-35 Addendum 3 Page 140 of 948 BID BOND PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS, Terra Firma Restorations, LLC dba T.F. Thompson Co. hereinafter called the Principal, and FCCI INSURANCE COMPANY, a Corporation duly organized under the laws of the State of FLORIDA, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF FAYETTEVILLE, ARKANSAS, as Obligee, hereinafter called the Obligee, in the sum of FIVE percent, (5)% of the amount bid, for the payment of which sum well and truly to be made, the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TOWN CENTER ROOF RESTORATION, AS SPECIFIED NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by such bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 12TH day of OCTOBER, 2023 Terra Firma Restorations, LLC dba T.F. Thompson Co. , (Principal) By FCCI INSURANCE COMPANY By GRANT WEBB (Attorney -in -fact) Page 141 of 948 FCCIINSURANCE GROUP GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Sarah Crowder; Jeremy Davis; Jason E Smith; Grant Webb Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $20,000,000.00): $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FCCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23rd day of July 2020. Attest: oPPoR,, .�q ; ° ''z' Christina D. Welch, President °": SEAL Christopher Shoucair, FCCI Insurance Company EVP, CFO, Treasurer, Secretary A,�oR�oP;' ;= FCCI Insurance Company State of Florida .•..• County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2027 40":;; PEGGY&%W � + CwwbW #HH32= Notary Public of a�P` EVku February 27, 2W State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2027 �,, #NH3XW 4a� E,,Feb,u„y27 Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this 12th day of October 2023 Christopher Shoucair, EVP, CFO, Treasurer, Secretary FCCI Insurance Company 1-IONA-3592-NA-04, 7/2021 Page 142 of 948 CITY OF P_ FAYETTEVILLE 41P ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute forthe requirements of the bid documents. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery appointment with the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid �1/ documents All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the City Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffaVettevillear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. P Additional Information Required: • List of Subcontractors: Submit form on bidding platform or attach if submitting a physical bid. • AR Secretary of State Filing #: 811000660 OR submit electronically. • Arkansas Contractor License #: 0286900321 OR submit electronically. • Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: FyESJ or NO Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: YES or NO Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Moun, ,, � ,. - An ?"70' Page 143 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION SECTION 02 BID FORM *NAME OF FIRM: Terra Firma Restoration Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name T.F. Thompson Roofing *BUSINESS ADDRESS: 13470 LC Hickman Rd *CITY: Centerton *PHONE: 479-644-2972 *E-MAIL: Tyler.kerley@tfthompson.com UNIQUE ENTITY NUMBER: 084135924 *TAX ID NUMBER: 452700968 *STATE: AR *ZIP: 72719 FAX: CAGE NUMBER: 875F8 AR CONTRACTORS LICENSE #: 0286900321 Bidder acknowledges receipt of the following addendum: Addendum No. 001 Dated: 09/21/23 Addendum No. 002 Dated: 10/04/23 Addendum No. 003 Dated: 10/09/23 Addendum No. Dated: Acknowledged by: Acknowledged by: Acknowledged by: Acknowledged by: Total Completion Time and Liquidated Damages Including Alternative: Substantial completion shall be 30 consecutive calendar days from the date established in a written notice to proceed. Final completion shall be 15 days after substantial completion. The bidder must agree also to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter. The bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the bid opening. BID FORM 1 Page 144 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: Bid 23-35, Construction —Town Center Roof Restoration Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value MECHANICAL: PLUMBING: ELECTRICAL: ROOFING AND SHEET METAL: 260,000.00 100% Other (designate) Upon receipt of written notice of acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in the sum of $ 260,000.00 is to become the property of the Owner in the event the contract and bond are not executed within the time set forth above, as liquidated damages for the delay and additional expense to the Owner caused thereby. *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: Tyler Kerley *TITLE: Manager Of Operations BID FORM 2 Page 145 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-35, CONSTRUCTION —TOWN CENTER ROOF RESTORATION Section 03 CONTRACTOR REFERENCES The following information is required from all Bidders so all bids may be reviewed and properly evaluated COMPANY NAME: Terra Firma Restorations NUMBER OF YEARS IN BUSINESS: 19 Vp�- HOW LONG IN PRESENT LOCATION: 5 years TOTAL NUMBER OF CURRENT EMPLOYEES: 10 FULLTIME 0 PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 8 FULLTIME 0 PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. Arkansas Building Authority 2 City Of Fayetteville COMPANY NAME COMPANY NAME 501 Woodlane Suite 201 Little Rock, AR 72201 113W mountian, Fayetteville AR, 72701 CITY, STATE, ZIP CITY, STATE, ZIP Dorian White Matthew Cabe CONTACT PERSON CONTACT PERSON 501.682.5577 479.575.8346 TELEPHONE TELEPHONE 01 /05/2 02/02/21 DATE COMPLETED DATE COMPLETED Doran.White@arkansas.gov mcabe@fayetteville-ar.go E-MAIL ADDRESS E-MAIL ADDRESS 3 CR Crawford 4. Department of Deffense COMPANY NAME COMPANY NAME 1102 S Happy Hollow Rd 4850 Leigh Ave Fortsmith, AR, 72903 Fayetteville, AR 72701 CITY, STATE, ZIP CITY, STATE, ZIP Jay Richards Samuel Bond CONTACT PERSON CONTACT PERSON 479-295-3105 479-573-5280 TELEPHONE TELEPHONE 10/01 /23 01 /05/22 DATE COMPLETED DATE COMPLETED jay.richards@crcrawford.com samuel.bond. 1 @us.af.mil E-MAIL ADDRESS E-MAI L AD DRESS CONTRACTOR REFERENCES 1 Page 146 of 948 CITY OF .� FAYETTEVILLE ARKANS ARKANSAS BID TABULATION Bid 23-35, Construction - Town Center Roof Restoration DEADLINE: Thursday, October 12, 2023 at 2:00 PM Certification of Funds: $350,000.00 r5Q3i, 500 oC rotas c;:�..ed; Terra Firma Restorations I M2 Roofing I Industries (Aduddell Industries al Trumble Construction I first Star Exteriors LLC I Joplin Roofing,lnc oo Rfins LL[I $275,900.00 $345,243.00 $405,190.00 1 $466,597.00 $469,526.47 1 $469,600.00 1 Bonds and Insurance 1 l5 $5,900.00 $5,900.00 13,112.00 $3,582.00 $7,990.00 $7,950.00 $7,396.00 57,3%.00 12112.1.41 $;752641 $20,000.00 $20,000AO 2 Mobilization. Shall not eaceed 5%of Tout Base Bid 1 L5 $10,000.00 $10,000.00 $1.00 $1.00 $20,250.00 $20,250.00 $23,329.DO 123,329.00 $1,500.00 $1,SOO.m $5,000.00 $5,000.00 3 To Base Bid- DO NOT INCLUDE PRICING FOR MOBILIZATION OR BONDS AND INSURANCE 3 LS $260,000.00 S260,000.00 $341,660.00 $341,660.00 $376,990.00 $376,990.00 S435,872.00 $435,872.00 $440,500.00 $440,500.00 $444,600.00 54 IN THIS UNE ITEM .600.00 Atlf0ltYe 01 •rvOTi[F'. BiE awartlhmn[namtuponvm4w meedM minmum spe[i1 [gnsaM lormsl authoritatgn 6Y Oty DII,sHIs, a, 1,� I- senor rtch, Purchasing Annt G nI Wank --- Amantla Bel If."Sr. urchasin In-15-03 Date 1'0-13-�3 Date Page 147 of 948 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 5, 2023 CITY COUNCIL MEMO 2023-1288 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir DATE: SUBJECT: Approval of Bid 23-41 Contract with Trumble Construction Inc. for Recycle and Trash Collection and Water and Sewer Roof rehabs RECOMMENDATION: Approval of Bid 23-41 Contract with Trumble Construction Inc., for Recycle and Trash Collection and Water and Sewer Roof rehabs in the amount of $89,289.20, which includes $8,117.20 in owner contingency. BACKGROUND: Resolution 80-23 approved a contract with WER Architects for design, plans and specifications for roof rehab work on the Recyle and Trash Collection Materials Recovery Facility in advance of the solar array installations and roof rehab work on the Water and Sewer Administration building. DISCUSSION: Both facilities have metal roof building systems. They require periodic upkeep or replacement of fasteners, calking, roof penetration flashings and closure strips. The RTC materials recovery facility roof is being refreshed in anticipation of a solar array system. The City's purchasing division publicly advertised and bid this project with 3 bids received. Trumble Construction was the low bidder. BUDGET/STAFF IMPACT: Funding for this contract will come from the Water and Sewer Building Office Improvements project and the RTC Office & Transfer Station Exp project. PURCHASE ORDER DETAILS ACCOUNT PROJECT AMOUNT 5400.720.1840-5400.00 15020.1 $49,110.60 5500.750.5080-5816.00 13021.1000 $40,178.60 TOTAL $89,289.20 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 148 of 948 ATTACHMENTS: SRF (#3), Bid 23-41, Contract - Executed (#4), Bid 23-41, Appendix A - City Issued Bid (#5), Bid 23-41, Appendix B - Submittal - Trumble Construction, Inc. dba RBT Construction - E (#6), Bid 23-41, Appendix C - Bid Tab - Final (#7) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 149 of 948 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1288 Approval of Bid 23-41 Contract with Trumble Construction Inc. for Recycle and Trash Collection and Water and Sewer Roof rehabs A RESOLUTION TO AWARD BID #23-41 AND AUTHORIZE A CONTRACT WITH TRUMBLE CONSTRUCTION, INC. IN THE AMOUNT OF $81,172.00 FOR THE RECYCLING & TRASH COLLECTION TRANSFER STATION AND WATER/SEWER ROOF REHABILITATION PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,117.20 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 #23-41 and authorizes Mayor Jordan to sign a contract with Trumble Construction Inc. in the amount of $81,172.00 for the Recycling and Trash Collection Transfer Station and Water/Sewer Roof Rehabilitation Project, and further approves a project contingency in the amount of $8,117.20. Page 1 Page 150 of 948 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2023-1288 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/17/2023 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of Bid 23-41 Contract with Trumble Construction Inc., for Recycle and Trash Collection and Water and Sewer Roof rehabs in the amount of $89,289.20, which includes $8,117.20 in owner contingency. Budget Impact: 5400.720.1840-5400.00 5500.750.5080-5816.00 Water & Sewer Recycling & Trash Collections Account Number Fund 15020.1 Water & Sewer Bldg Office Impr 13021.1000 RTC - Office & Transfer Station Exp Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 313, 045.00 313,045.00 $ 89,289.20 223,755.80 Previous Ordinance or Resolution # Approval Date: V20221130 Page 151 of 948 Contract for Services CITY OF Construction — RTC Transfer Station & FAYETTEVILLE Water Sewer Roof Rehab ARKANSAS Contractor/Vendor: Trumble Construction Inc. Term: Single Project THIS AGREEMENT is made this day of , 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Trumble Construction, Inc. (Vendor or Trumble). CITY OF FAYETTEVILLE from time to time requires professional construction services in connection with construction projects. Therefore, CITY OF FAYETTEVILLE and Trumble, in consideration of their mutual covenants, agree as follows: Work performed by Trumble shall be performed under valid, active, current license with the Arkansas Contractor's Licensing Board. Trumble shall follow all federal, state, and local laws at all times. 1. Contracted parties and relationship: a. This agreement shall be binding between all parties. Fees shall be provided as identified in appendices. i. Trumble Tax identification number (TIN) ending in 3030 ii. Trumble Arkansas Contractor License No. 0162670524 iii. Trumble Secretary of State Filing No. 800088382 b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation among all Project participants. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: i. Appendix A: Bid package identified as Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings, and issued addenda. ii. Appendix B: Trumble's bid submittal iii. Appendix C: Bid Tabulation iv. Appendix D: Trumble's Certificate of Insurance v. Appendix E: Trumble's 100% Performance and Payment Bonds 1. Appendix D and E shall be submitted to the City within the timeframe identified in the bid documents or 10 (ten) calendar days. b. This agreement may be modified only by a duly executed written instrument signed by the CITY and Trumble. c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders and written CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 1 of 20 City of Fayetteville, AR Page 152 of 948 amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) Trumble's Proposal (d) City's published bid and associated Addenda. 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Vendor: Trumble Construction, Inc., 1944 Clear Springs Rd., Texarkana, TX 75501 4. General Provisions: i. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall not pay or receive any contingent fees or gratuities to or from any other party, including agents, officer's employers, Subcontractors, Sub subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. ii. Workmanship: The Work shall be executed in accordance with the Contract Documents in a workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except as otherwise provided in the Contract Documents. iii. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or equipment furnished by City or Others, it shall be the responsibility of the vendor to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of the vendor shall be the responsibility of vendor and may be deducted from any amounts due or to become due. Any defects discovered in such materials or equipment shall be reported at once to the City and the City's contracted third -party Design Professional. Following receipt of written notice from vendor of defects, City and Design Professional shall promptly inform the City what action, if any, vendor shall take with regard to the defects. iv. WORKSITE VISIT: Vendor acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. v. Vendor shall perform all duties and responsibilities necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. 1. Cutting, patching, or altering the work of City or Others shall be done with the prior written approval of City and Design Professional. Such approval shall not be unreasonably withheld. vi. COMPLIANCE WITH LAWS: Vendor shall comply with all the Law at its own cost. Vendor shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Vendor its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. vii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to Vendor, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Vendor incurs costs or is delayed due to such loss or damage, Vendor may seek an equitable adjustment in the CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 2 of 20 City of Fayetteville, AR Page 153 of 948 Cost of the Work, Date of Substantial Completion or Date of Final Completion. Any equitable adjustment shall be approved by all parties. viii. Taxes and Permits: Vendor shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Vendor shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. 1. Vendor shall pay applicable taxes and permit fees associated with the entire project. ix. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. x. City may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. Vendor shall not unreasonably withhold consent to partial occupancy or use. xi. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. xii. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. xiii. Where figures are given, they shall be preferred to scaled dimensions. xiv. The drawings and specifications are complementary. If Work is shown only on one but not on the other, Vendor shall perform the Work as though fully described on both. Vendor shall seek clarification from the City or the City's third -party Design Professional for any discrepancies. xv. In case of conflicts between the drawings and specifications, the specifications shall govern unless otherwise stated in the bidding documents. In any case of omissions or errors in figures, drawings, or specifications, Vendor shall immediately submit the matter to City and Design Professional for clarification. The City's clarifications are final and binding, which may include third -party Design Professional content. xvi. DEBARMENT AND SUSPENSION: By execution of this agreement, Vendor certifies that to the best of its knowledge and belief that the Vendor and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three year period preceding this proposal been convicted of or had a civil judgment 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; CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 3 of 20 City of Fayetteville, AR Page 154 of 948 3. 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 (2) of this certification; and 4. (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. 5. Vendor understands that a false statement on 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 $50,000. 6. Certifications for subcontracts or sub subcontracts executed under this agreement shall include all language in this section. 5. Definitions: a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. b. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, and Date of Substantial Completion or Date of Final Completion. d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. "Cost of the Work" means the total costs and discounts charged to the City. f. The "Vendor" is the person or entity identified in this contract and includes Vendor's Representative. g. "Day" means a calendar day unless otherwise specified. h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. i. "Design Professional" means the licensed architect retained by the City and its subconsultants, to perform design services for the Project. j. "Final Completion" occurs on the date when Vendor's obligations under this Agreement are complete and accepted by City and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by all Parties. k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with City and Design Professional after execution of this Agreement and before Substantial Completion. Interim Directives shall be consolidated and formalized in a change order to be signed by all parties. m. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Vendor must comply that are enacted as of the Agreement date. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 4 of 20 City of Fayetteville, AR Page 155 of 948 n. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, sub subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of Vendor's employees in Vendor's principal and branch offices for work associated with this project. p. "Owner' is the City of Fayetteville, Arkansas (City). q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. r. The "Parties" are collectively City and Vendor. s. The "Project," is the building, facility, or other improvements for which Vendor is to perform Work under this Agreement. It may also include construction by Owner or Others. t. The "Schedule of the Work" is the document prepared by Vendor that specifies the dates on which Vendor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. u. "Subcontractor" is a person or entity retained by Vendor as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. w. A "Sub subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. x. A "Supplier" is a person or entity retained by Vendor to provide material or equipment for the Work. y. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. z. "Work" means the construction services necessary or incidental to fulfill Vendor's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others. aa. "Worksite" means the area of the Project where the Work is to be performed. bb. "Bi-monthly basis" means every fourteen to sixteen calendar days. 6. Contract Document Review and Administration a. Before commencing the Work, Vendor shall examine and compare the drawings and specifications with information furnished by the City and Design Professional that are considered Contract Documents, relevant field measurements made by Vendor, and any visible conditions at the Worksite affecting the Work. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 5 of 20 City of Fayetteville, AR Page 156 of 948 b. Should Vendor discover any errors, omissions, or inconsistencies in the Contract Documents, Vendor shall promptly report them to the City and Design Professional. Following receipt of written notice from Vendor of defects, City shall promptly inform Vendor what action, if any, Vendor shall take with regard to the defect. c. Nothing in this section shall relieve VENDOR of responsibility for its own errors, inconsistencies, or omissions. d. COST REPORTING: Vendor shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management under this Agreement. Vendor shall maintain a complete set of all books and records prepared or used by Vendor with respect to the Project. City shall be afforded access to all of Vendor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. Vendor shall preserve all such records for a period of three years after the final payment or longer where required by Law. 7. Warranty a. Vendor warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, Vendor shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Vendor further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Vendor's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by the City or others, or abuse. Vendor's warranty shall commence on the Date of Final Completion of the Project. b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. For such incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. c. Vendor shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. Vendor's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement. After that period Vendor shall provide full and comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. d. Correction of Work If before Substantial Completion or within two -years after the date of Final Completion of the Work any Defective Work is found, City shall promptly notify Vendor in writing. Unless City provides written acceptance of the condition, Vendor shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the two-year correction period City discovers and does not promptly notify Vendor or give Vendor an opportunity to test or correct Defective Work as reasonably requested by Vendor, City waives Vendor's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 6 of 20 City of Fayetteville, AR Page 157 of 948 ii. If Vendor fails to correct Defective Work within a reasonable time after receipt of written notice from City before final payment, City may correct it in accordance with Owner's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due Vendor. If payments then or thereafter due Vendor are not sufficient to cover such amounts, Vendor shall pay the difference to City. iii. Vendor's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two-year correction period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify Vendor and allow Vendor an opportunity to correct the Work if Vendor elects to do so. If Vendor elects to correct the Work, it shall provide written notice of such intent within fourteen (14) Days of its receipt of notice from City and shall complete the correction of Work within a mutually agreed timeframe. If Vendor does not elect to correct the Work, City may have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs from Vendor, City shall promptly provide Vendor with an accounting of the actual correction costs. iv. If Vendor's correction or removal of Defective Work causes damage to or destroys other completed or partially completed work or existing building, Vendor shall be responsible for the cost of correcting the destroyed or damaged property. v. The two-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of Vendor's other obligations under the Contract Documents. vi. Before final payment, at City option and with Vendor's agreement, City may elect to accept Defective Work rather than require its removal and correction. In such cases the contract shall be equitably adjusted for any diminution in the value, as determined by City, of the Project caused by such Defective Work via formal written change order. 8. Safety of Persons and Property a. SAFETY PROGRAMS: Vendor holds overall responsibility for safety programs. However, such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Vendor shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite. b. VENDOR'S SAFETY REPRESENTATIVE: Vendor shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by Vendor in writing to City, Vendor's project superintendent shall serve as its safety representative. Vendor shall report promptly in writing all recordable accidents and injuries occurring at the Worksite. When Vendor is required to file an accident report with a public authority, Vendor shall furnish a copy of the report to City. c. Vendor shall provide City with copies of all notices required of Vendor by the Law. Vendor's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. i. Damage or loss not insured under property insurance that may arise from the Work, to the extent caused by negligent or intentionally wrongful acts or omissions of Vendor, or anyone for whose acts Vendor may be liable, shall be promptly remedied by Vendor. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 7 of 20 City of Fayetteville, AR Page 158 of 948 d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Vendor's safety program, may require Vendor to stop performance of the Work, take corrective measures satisfactory to City. If Vendor does not adopt corrective measures, City may perform them and deduct their cost from the GMP. Vendor agrees to make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final Completion based on Vendor's compliance with City's reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Vendor agrees to bind every Subcontractor and Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. Vendor agrees not to subcontract Vendor at risk related services without prior written consent from the City. 10. Fees, Expenses, and Payments: a. Trumble, at its own cost and expense, shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 23-41 as stated in Trumble's bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 23-41, all included herein as if spelled out word for word. b. This turn -key project providing labor and materials shall be provided to the City for a not to exceed fee of 89 289.20 US Dollars ($81,172.00 total bid plus $8,117.20 for an owner contingency). c. The City of Fayetteville shall pay Trumble for completion of the project based on a percentage of work completed. At no point shall payment exceed the percentage of work completed, as determined by the City. d. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. The City of Fayetteville does not agree to any interest or penalty for "untimely" payments. e. The City reserves the right to withhold five percent (5%) retainage from all payments until project is completed in full. f. Not to exceed pricing shall include but not be limited to: i. Labor wages directly employed by Vendor in performing of the Work. ii. Salaries of Vendor's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in writing. iii. Cost of all employee benefits and taxes, including but not limited to, workers' compensation, unemployment compensation, social security, health, welfare, retirement, and other fringe benefits as required by law, labor agreements, or paid under Vendor's standard personnel policy, insofar as such costs are paid to employees of Vendor who are included in the Cost of the Work. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 8 of 20 City of Fayetteville, AR Page 159 of 948 iv. Transportation, travel, hotel, and moving expenses of Vendor's personnel incurred in connection with the Work. v. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection and testing if not provided by City, transportation, storage, and handling. vi. Payments made by Vendor to Subcontractors for work performed under this Agreement. vii. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers that are used or consumed in the performance of the Work, less salvage value or residual value; and cost less salvage value on such items used, but not consumed that remain the property of Vendor. viii. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from Vendor or others, including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive market rates. ix. Cost of the premiums for all insurance and surety, performance or payment bonds which Vendor is required to procure or deems necessary and approved by City. x. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Vendor is liable. xi. Permits, taxes, fees, licenses, tests, royalties. xii. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work during the Construction Phase and for the warranty period. xiii. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the field office and site. xiv. Water, power, and fuel costs necessary for the Work. xv. Cost of removal of all nonhazardous substances, debris, and waste materials. xvi. Costs incurred due to an emergency affecting the safety of persons or property. xvii. Costs directly incurred in the performance of the Work or in connection with the Project, and not included in Vendor's Fee, which are reasonably inferable from the Contract Documents. g. STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents, applications for payment may include materials and equipment not yet incorporated into the Work but delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs incurred transporting the materials to an offsite storage facility. Approval of payment applications for stored materials and equipment stored offsite shall be conditioned on a submission by Vendor of bills of sale and proof of required insurance, or such other documentation satisfactory to City to establish the proper valuation of the stored materials and equipment, City's title to such materials and equipment, and to otherwise protect City's interests therein, including transportation to the Worksite. Materials and equipment stored offsite shall be in a bonded and insured secure facility. h. FINAL PAYMENT: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, Trumble shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by Trumble to beset forth therein. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 9 of 20 City of Fayetteville, AR Page 160 of 948 i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against Trumble or sureties under this Agreement. 11. Project Bonding - Performance and payment bonding: After execution of this contract by all parties, Trumble shall provide 100% separate performance and payment bonds (inclusive of any approved contingency) from a bonding company, licensed to do business in the state of Arkansas. Bonds shall be provided within ten (10) calendar days after this contract has been executed by all parties. a. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in the contract documents as a hard not -to -exceed date. If such dates are not established upon the execution of this Agreement, a Date of Substantial Completion and Date of Final Completion of the Work shall be established via Change Order. b. Time is of the essence with regard to the obligations of the Contract Documents. c. Unless instructed by City in writing, Vendor shall not knowingly commence the Work before the effective date of Vendor's required insurance and bonds and formal written and signed Purchase Order issued by the City of Fayetteville Purchasing Division. d. Schedule of Work: Before submitting its first application for payment, Vendor shall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Vendor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Vendor shall comply with the approved Schedule of the Work or Vendor. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require Vendor to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. If Vendor consequently incurs costs or is delayed, the Dates of Substantial or Final Completion, or both, Vendor may seek equitable adjustment. e. NOTICE OF DELAY CLAIMS: If Vendor requests an equitable extension of the Contract Time or an equitable adjustment contract as a result of a delay described, Vendor shall give City written notice of the claim. If Vendor causes delay in the completion of the Work, City shall be entitled to recover its additional costs. 13. Substantial Completion: a. Vendor shall notify City and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to have been achieved. City, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by City without excessive interference in completing any remaining unfinished Work. If City determines the Work or designated portion has not reached Substantial Completion, City, with the assistance of its Design Professional, shall promptly compile a list of items to be completed or corrected so City may occupy or use the Work or designated portion for its intended use. Vendor shall promptly and accurately complete all items on the list. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 10 of 20 City of Fayetteville, AR Page 161 of 948 b. When Substantial Completion of the Work or a designated portion is achieved, Vendor shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and the respective responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by Vendor to City and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. c. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion. d. Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Vendor the remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by Vendor in a mutually agreed upon timeframe. 14. Final Completion: a. Upon notification from Vendor that the Work is complete and ready for final inspection and acceptance, City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. b. When the Work is complete, Vendor shall prepare for City's written acceptance a final application for payment stating that to the best of Vendor's knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. c. Final payment shall be made to Vendor within thirty (30) Days after Vendor has submitted an application for final payment, pending the application has been approved by the City, including submissions required, and a Certificate of Final Completion has been executed by all Parties. d. Final payment shall be due on Vendor's submission of the following to the City: i. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; iii. release of any liens, conditioned on final payment being received; iv. consent of any surety; and v. any outstanding known and unreported accidents or injuries experienced by Vendor or its Subcontractors at the Worksite. e. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of Vendor. If approved by City, they shall pay the balance due for any portion of the Work fully completed and accepted. If the remaining contract balance for Work not fully completed and accepted is less than the retained amount before payment, Vendor shall submit to City and, if directed, Design Professional the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 11 of 20 City of Fayetteville, AR Page 162 of 948 f. ACCEPTANCE OF FINAL PAYMENT: Unless Vendor provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. g. Trumble shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: i. 'According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety ).' ii. Trumble shall have each subcontractor, sub -subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor or material supplier. 15. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 16. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 17. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 18. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the VENDOR shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 19. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 20. Insurance: a. Before starting the Work and as a condition precedent to payment, Vendor shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. Vendor shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. Vendor's Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix D. b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. Vendor shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If Vendor fails to obtain or CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 12 of 20 City of Fayetteville, AR Page 163 of 948 maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Vendor or terminate this Agreement. d. To the extent commercially available to Vendor from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, Vendor shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Vendor shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the City as Additional Insured Parties. f. PROPERTY INSURANCE: i. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. ii. Unless otherwise directed in writing by City, before starting the Work, Trumble shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name Vendor, Subcontractors, Sub subcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: 1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Vendor) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. damage resulting from defective design, workmanship, or material; 3. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project; 4. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 5. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 6. physical loss resulting from Terrorism. iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 13 of 20 City of Fayetteville, AR Page 164 of 948 amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has been made or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until City has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City shall provide a copy of the property policy or policies obtained. iv. If City elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City shall give written notice to Vendor before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. City may then provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed to such failure. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, sub subcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. 1. To the extent of the limits of Vendor's Commercial General Liability Insurance, Vendor shall indemnify and hold harmless City against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of City's existing adjacent property, including personal property, that may arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of Vendor, Subcontractor, Supplier, Sub subcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final Completion. h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Vendor to purchase and maintain additional liability coverage. Vendor shall provide: Additional Insured. City shall be named as an additional insured on Vendor's Commercial General Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella liability, commercial automobile liability, and any required pollution liability, but only with respect to liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of Vendor, or those acting on Vendor's behalf, in the performance of Vendor's work for Owner at the Worksite. The insurance of the Vendor and its Subcontractors (both primary and excess) shall be primary to any insurance available to the Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non- contributory. ii. OCP. Vendor shall provide an Owners' and Contractors' Protective Liability Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 14 of 20 City of Fayetteville, AR Page 165 of 948 i. Any documented additional cost in the form of a surcharge associated with procuring the additional liability coverage in accordance with this subsection shall be paid by VENDOR. Before commencing the Work, Vendor shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that City has been named as an additional insured, as applicable. i. ROYALTIES, PATENTS, AND COPYRIGHTS: Vendor shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Vendor and incorporated in the Work. Vendor shall defend, indemnify, and hold City harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. PROFESSIONAL LIABILITY INSURANCE: To the extent Vendor is required to procure design services, Vendor shall require its design professionals to obtain a commercial professional liability insurance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to City, including coverage for all professional liability caused by any consultants to Vendor's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. Vendor's design professional shall pay the deductible. The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all Services performed by the Constructor's design professional for this Project. Coverage shall be continued in effect for the entire warranty period. 21. Professional Responsibility: Trumble will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to Trumble any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so Trumble can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of Trumble. 22. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Trumble: i. Provide full information as to the requirements for the Project. ii. Assist Trumble by placing at Trumble's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist Trumble in obtaining access to property reasonably necessary for Trumble to perform its services. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by Trumble and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to Trumble in a timely manner. vi. The City of Fayetteville Facilities Director is the project representatives with respect to the services to be performed under this Agreement. The Facilities Director Representative shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 23. Cost Opinions and Projections: Cost opinions and projections prepared by the Trumble relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on Trumble experience, qualifications, and judgment as a Trumble professional. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 15 of 20 City of Fayetteville, AR Page 166 of 948 24. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. Trumble shall proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. 25. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that Trumble is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to Trumble at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because ofTrumble's default. d. If termination for default is affected by Trumble, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to Trumble for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Trumble relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action under Paragraphs above, Trumble shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Trumble in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of Trumble to fulfill contractual obligations, it is determined that Trumble had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 16 of 20 City of Fayetteville, AR Page 167 of 948 26. Delays a. In the event the services of Trumble are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond Trumble's reasonable control, Trumble shall be entitled to additional compensation and time for reasonable documented costs incurred by Trumble in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by Trumble, CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 27. Rights and Benefits a. Trumble's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 28. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and Trumble which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or Trumble in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give Trumble written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and Trumble shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of Trumble, and the Mayor of CITY OF FAYETTEVILLE or his or her designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 29. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment to Trumble for services rendered by Trumble. All parties agree if funding should become insufficient to complete the project, VENDOR shall be notified in a timely manner. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 17 of 20 City of Fayetteville, AR Page 168 of 948 30. Publications: a. Recognizing the importance of professional services on the part of Trumble's employees and the importance of Trumble's public relations, Trumble may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to Trumble's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to Trumble, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of Trumble's activities pertaining to any such publication shall be for Trumble's account. 31. Indemnification: a. The CITY requires the Trumble to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any loss caused by negligence and from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Trumble, or their employees, agents, Subcontractors, sub consultant and Suppliers of the Trumble. 32. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. Trumble may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by Trumble as part of the Services shall become the property of CITY OF FAYETTEVILLE when Trumble has been compensated for all Services rendered, provided, however, that Vendor shall have the unrestricted right to their use. Trumble shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Trumble. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. Trumble makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 33. Additional Responsibilities of Trumble: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve Trumble of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. Trumble shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by Trumble's negligent performance, except beyond the Trumble's normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 18 of 20 City of Fayetteville, AR Page 169 of 948 c. Trumble's obligations under this clause are in addition to Vendor's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against Trumble for faulty materials, equipment, or work. 34. Audit and Access to Records: a. Trumble shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. Trumble shall also maintain the financial information and data used by Trumble in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. Trumble will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of Trumble; 2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 35. Covenant Against Contingent Fees: a. Trumble warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Trumble for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 19 of 20 City of Fayetteville, AR Page 170 of 948 36. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that Trumble or any of Trumble agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to Trumble terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against Trumble as it could pursue in the event of a breach of the Agreement by Trumble. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs Trumble incurs in providing any such gratuities to any such officer or employee. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and TRUMBLE CONSTRUCTION, INC. by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Lioneld Jordan, Mayor ATTEST By: Kara Paxton, City Clerk Date Signed: TRUMaLELOLLSIRUCTION, INC. By: Rob rt Trumble, Presiden Date Signed: ( I - t q' ZD Z?, CONTRACT: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab Page 20 of 20 City of Fayetteville, AR Paae 171 of 94 City of Fayetteville, Arkansas wis CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8258 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 23-41, Construction — RTC Transfer Station & Water t er Roo Rehab DEADLINE: TUESDAY, OCTOBER 24, 2023 before 2:00 PM, L a�me 0_4 PRE -BID MEETING: Thursday, October 5, 2023 at 2:00 PM in R #1 ty Hall SR. PURCHASING AGENT: Amanda Beilfuss, abellfuss@fayettevAe-ar.90 DATE OF ISSUE &ADVERTISEMENT: 09/24/2y3'& 1W202 No late bids shall be accepted. Bids shall be submitt2?ne of t fo owing`: (1) through the City's third -party electronic bidding platform or (2) delivering in p� a seal a op th ity o Fayetteville Purchasing Division. Submitting through the City's electronic biddin rm is ly enc . All �djNll be submitted in accordance with the attached City of Fayetteville specif s and b- me t a ed N ch bidder is required to fill in every blank and shall supply all informQati� estedQ; I to s y e use s asis of rejection. NO C TO A IDD All interested parties can obtain files distributed electronically from the Cit aid documents shall be FILE#00: REQUIRED S,1GJAW,1URE FOR—4Total P es FILE#01: PROJECT —71 es FILE #02: PLANS — S eets� *Additional files added ncums are issued. Addendums will be uploaded and posted to the City's electronic bidding platform. *PLAN HOLDER LISTINGS: A listing of vendors who have received documents can be found in the City's electronic bidding platform under the project section tab titled 'Plan Holders'. Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. Telecommun,cat*nsDevicefor the Deaf TDD(479)521-1316 1131';,ztMounta,n Fayette 'i.- AR727n' Page 172 of 948 r k THIS PAGE I NTEN, '�� Ir6�BLANK P G qt J�a Telecommun,cawns Device for the Deaf TDD (479) 521-1316 - r - ' ' Page 173 of 948 CITY OF P_ FAYETTEVILLE 49W ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. F-1 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). hier's the s all be made payable to the City of Fayetteville, AR and received prior to the bid deadlin b ma ing an i - n delivery appointment with the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate fo s (sub i actual addendums or marking acknowledgement on other bid pages). ❑All line items shall be appropriately filled out and extend to reve lir e item as well as the total bid price. Total base bid should be calculated in the provided ce. All pages provided with signature lines shall b & iately date ngly, and included with submitted bid documents All bids shall be received before the st a deadline u gthe 't ectroni latform or submitting a physical sealed bid to the City Purchasing i Subm.. In a bid ally is st encouraged. A public bid opening F-1will be conducted a r eadlin at r ity Hall and livestreamed at htt s: www. outube.com use cit offs tte '11�ar. La misdire d' As shall not be accepted. The City of Fayetteville shall not be responsible for to misdir to ds, or fa e, h bidders technical equipment. If submitting a physical bid, all bid documents s II b�delivered �ealed e l Jt to the address stated in the advertisement or updated deadline issued via Ad da. II 6idsch ul Bed eliv40 th the name of the bidder (contractor) on the sealed envelope as well as the bidders nsas CoN\Vor s Lice ber. yid- 5� Additionallnformatio I • List of Subco rt*t*at rs: Sub on O I form or attach if submitting a physical bid. • AR Secretofe Fil* #: OR submit electronically. g Y • Ark ract r #: OR submit electronically. • Pursu t Arkan ode Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Isra a will not boycott Israel during any time in which they are entering into, or while in contract, with an entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Isrr f1 ntractor must notify the contracted public entity in writing. oSubmit electronically or circle applicable answer: YES or NO Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: YES or NO Telecommun,cat*ns Device for the Deaf TDD (479) 521-1316 113WOM Mountain r - - ' ' Page 174 of 948 r THIS PAGE W �I �i1 L�FT`BLANK P G 0& J�a 6A� Telecommun,cawns Device for the Deaf TDD (479) 521-1316 - r - ' ' Page 175 of 948 City of Fayetteville, Arkansas INVITATION TO BID Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab The City of Fayetteville is accepting sealed bids from properly licensed firms for the alteration of the two (2) existing standing seam metal roofs located at the Fayetteville Recycling & Trash Transfer Station and at Fayetteville's Water and Sewer Operations Center. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov. A non -mandatory Pre -Bid meeting will be held Thursday, October 5, 2023 at 2:00 PM, in Room #111 of Fayetteville City Hall. Information regarding the pre -bid meeting is available on the project page on 6te ity's electronic bidding platform. All interested parties are encouraged to attend. Bidding documents, plans, plan holders, and addenda shall be obtained at CIt of Fa e Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids sh be rec 'v uesday, October 24, 2023 before 2:00 PM, local time utilizing the electronic bidding softwaye or by u Ing a sealed bid to the City of Fayetteville Purchasing Division. All bids shall ceived prig o the bVea ine. Late or misdirected bids shall not be accepted. Submitting a bid electronicall is stron ourage public bid opening will be conducted shortly after the deadline at City nd Ii ed s://www.youtube.com/user/ cityoffayettevillear. The City of Fayetteville shall n�*N+cs onsi lost i ected bids, or failure of bidder's technical equipment. Each bid exceeding $50,000 shall be acco d by "er's e km �a� ing business in the State of Arkansas or a corporate bid bond for erc he t�bid. I `ent a bidder opts to submit a p p p cashier's check for a bid bond, t al phy ashier's ck shape elivered to the City prior to the deadline. A one hundred percent 0 °o �r ofj nce nd j 'payment bond is required with the contract awarded. A State of Arkansas Contl�ct�6r's Licensi�S requiall bids exceeding $50,000 and license shall be valid at the time of bid dead) e. / rrny vendOc:p`Fformin vice shall be registered with the Arkansas Secretary of State. IN • Pursuant to Arkansas Code An ed §�28 he Cit Fa etteville encourages all qualified small, minority and women business enter ris s id oeceiv* n cts for goods, services and construction. Also City p `� g Y of Fayetteville encoura s al gener I cact st �cubcontract portions of their contract to qualified small, minority and women n ss ente S. The City of Fayette5?4�resery right to waive irregularities, reject bids, and postpone the award of any Contract for a period whic of exceed beyond ninety (90) days from the bid opening date. 440�(,�* City of Fayetteville By: Amanda Beilfuss City Sr. Purchasing Agent P: 479.575.8220 Email: abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 09.24.23 & 10.01.23 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. Telecommun,cat*nsDewefor the Deaf TDD(479)521-131c III1'1 ztMounta,n Fayet?e�i'k- AR727n1 Page 176 of 948 I_ CITY OF FAYETTEVILLE ARKANSAS TABLE OF CONTENTS BID 23-41, CONSTRUCTION - RTC TRANSFER STATION & WATER SEWER ROOF REHAB CITY DOCUMENTS c INTRODUCTORY INFORMATION SECTION 00 TITLE PAGE 1- 1 SECTION 00 BIDDER'S CHECKLIST • •`O O 1-1 SECTION 00 ADVERTISEMENT G 1-1 SECTION 01 INSTRUCTION BIDDER 1 - 11 BID FORMS AND SUPPLEM O a► SECTION 02 BID FORM G (7, 1-2 SECTION 03 CONTRANOR, tEFERE 1-1 SECTION 04 BID B 1-2 SECTION 05 PE ORM D 1-2 SECTION 06 ABOR N ATE L P�E T BOND 1-3 * '61 CONTRA? ' G NERA IONS General Require n 1 - 43 Page 177 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB SECTION 01 INSTRUCTIONS TO BIDDERS PART ONE - DEFINED TERMS 1.1. Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 1.3 1.4 1.5 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, who submits a bid to a Bidder. C Issuing Office - the office from which the Bidding Documents are to b s and bidding procedures are to be administered. n Successful Bidder - the lowest, responsible, and responsive Bidder td*`whom��t��h Ii�`f�fof Fayetteville (on the basis of the City of Fayetteville's evaluation as�wnafter pRxNed) makA�an`award. Local Time - Local time is defined as the a ayette Qan s n e due date of the deadline. Bids shall be received before the deadli ass n y the �ock located in the Purchasing Division Office.— a,,, �� & • PART TWO - COPIES OF BIDDING DOC ^� 2.1 2.2 Complete sets of the E Advertisement for Bids Complete sets of Bidding D%hvs�on.%ib ents must Project Manager assume ' it, incomplete sets of Biddincumentk4S� 2.3 City of Faye terms do so any othery� PART THREE - Q 3.1 num nd for a osit sum, if any, stated in the g Offic� Bids. Neither City of Fayetteville nor isinterpretations resulting from the use of ofroje lamer i R*copies of Bidding Documents available on the above e purpo fob n s77for the Work and do not confer a license or grant for n.� V SITE AND CONTRACT DOCUMENTS Bidders are a3?i1hat the Drawings and Specifications are on file at the City of Fayetteville Purchasing Division(',.sV constitute all the information which the City of Fayetteville shall furnish. No other infornOai ni iven or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications, and estimates, or be binding on City of Fayetteville. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all INSTRUCTIONS TO BIDDERS 1 Page 178 of 948 CITY OF FAYETTEVILLE. ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB 3.2 3.3 3.4 3.5 3.6 3.7 M attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. Bidders shall promptly notify Project Manager of all conflicts, errors, ambi s, or discr s which Bidder has discovered in or between the Contract Documents and suc t e ated nts. Information and data shown or indicated in the Contract Documents wAh respte_c a ting underground facilities at or contiguous to the site is based upo mation ata furried o City of Fayetteville and Project Manager by City of Fayetteville'Vespon itIbcrh� w er,und fa lit ``s or others, and City of Fayetteville and Project Manager do not ilr for t c acy or completeness thereof unless it is expressly provided otherwise & Suppl ry Co ' On request, City of Fayetteville will Avide ea icier a c o he site t c duct such examinations, V `Z investigations, explorations, to s, nd StucJ,i� each deem Nary for submission of a Bid. Bidder must fill all hol( such explorations, inve Reference is made to the is to be performed at the! that relates to the work fc will provide to each-Bq portions thereofje�ted 1 V The subn f a Bid, com I' ever p performs and fur methods, tech or express) 4 of all ,�n,t Docum th o its rrmnVonditions upon completion of ar the id%t-lication of the general nature of work that or oj1US,such as utilities and other prime contractors) i VOn request, and as available, City of Fayetteville Bess o or copies of Contract Documents (other than representation by Bidder that Bidder has hout exception the Bid is premised upon the Work required by the Contract Documents and applying the specific means, "sequences, or procedures of construction (if any) that may be shown or indicated by the Contract Documents, that Bidder has given Project Manager written notice s, ambiguities, and discrepancies that Bidder has discovered in the Contract and that the written resolutions thereof by Project Manager are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. Mobilization shall not exceed 5% of bid. INSTRUCTIONS TO BIDDERS 2 Page 179 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB 3.9 Any use of a third -party dumpster or roll -off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll -off container is not allowed. 3.10 Open burning and blasting are not allowed on City projects. 3.11 Contractor is responsible for obtaining all applicable permits; however, fees for City -issued permits shall be waived. PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights -of -way and easeme s f access o and other lands designated for use by Contractor in performing the Work i ied in ntract Documents. All additional lands and access thereto required for ora cons facilities, construction equipment, or storage of materials and equipment to be in rp a t e d i Nvork are to be obtained and paid for by Contractor. Easements for permanent st5liiiictures vent changes in existing facilities are to be obtained and paid for ity of Faye�unleth wise provided in the Contract Documents. `O O PART FIVE - INTERPRETATION OF CONTRACT DO ♦ TS AN END O /mod 5.1 5.2 5.3 If any person contemplating sub meaning of any part of the pOWeE part of the proposed Contra to the Project Manage o submitting the request s Interpretation or correction holders of Bidding DocumW and other interpretationsW responsible for any (AWexl Addenda or Proiec is in doubt as to the true ie in or omissions from any Sst for interpretation thereof for bid opening. The person U%g7 will be made only by Addendum to all Formal written Addenda will be binding. Oral Ut legal effect. City of Fayetteville will not be of the proposed Contract Documents. uments as deemed advisable by City of Fayetteville 5.4 Bidder a�.rmes al�onsibility for checking the City's online bidding portal at www.fayetteville- ar.gov/bids for Rk, esand addenda issued to this project. lb_ CC PART SIX - AP➢I�QX,I�QATE ESTIMATE OF QUANTITIES 6.1 Estimated` quantities are approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. INSTRUCTIONS TO BIDDERS 3 Page 180 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB PART SEVEN - UNIT PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all the work as called for in the Specifications or indicated on the Drawings. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered theA*ntii�.a'Foject W Work required and has reviewed the Drawings and Specifications to verify the full scope of t PART EIGHT - BID FORM 8.1 Bids are due as indicated in the Advertisement for 8.2 Bids which are incomplete, unbalanced, ti nal, or or wScll cdhtain additions not called for, erasures, alterations, or irregularities kind o ch do not comply with these Instructions to Bidders may be rejected as informal -res o Ili thee1' nN City Fayetteville. However, City of Fayetteville reserves the righ aive to ties s onges,`�Ions, or revisions and to make the award in the best i of City ttevi 8.3 Acceptance of Alternat i s It 1h ty of tteville's d cc tion, as best services the City of Fayetteville's interest. Eac deductiv ternate is vided C�r the Bid Form. The price of the Bid for each alternate will be the a%Nountt to bed ed fro e price of the Total Base Bid if the City of Fayetteville selects any o he �1►ter'nat�s. ht pri unt for each alternate shall be the same as the unit price amount list the Bide I 8.4 No Bidder shall i I the i on iro to any person whomsoever, except those having a partnership th inanc' Kest h' in t e Bid, until after the bids have been opened. 8.5 All biNclude s including but not limited to sales tax, use tax, permits, insurance, etc. The contraction this is defined b the Arkansas Revenue Laws as the user and is responsible for the Y p appropriate ta ere are NO provisions in this bid for a contractor to avoid taxes. The City of Fayettevilla tax-exempt entity. 4 PART NINE - SIGNRTURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given, and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the INSTRUCTIONS TO BIDDERS 4 Page 181 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with City of Fayetteville. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addend 9.6 Arkansas Contractor's License shall be valid at time of bid. V 9.7 Vendor shall not be debarred from doing business with any governmeOKt entit . Q� PART TEN -BID BOND 10.1 A five percent (5%) bid security, in the f dtsbid b cas r ck from a bank located in the State of Arkansas, as stated in the Ad ment f r Z�S, shall ac any each bid. Bid bonds for the l;� difference in price between low bM 1►and s bi all not acceptable. The Successful . . Bidder's security will be retaine ity of F ville r e Sig Are�ment and required Bonds and Certificates of Insuran e Succ s�idd o execu a deliver the Agreement and furnish the required con curl �`fifte days ter the tice of Selection, City of Fayetteville may annul the Notice ofAnd nd a Bid se f that ill be forfeited. 10.2 The City of Fayetteville reser�th%right t 6Zn�*the se f the three low bidders until the Successful Bidder enters into the C act or W �- (6 ter bid opening, whichever is sooner. Cash equivalent securityg h cond an iwkilWow biddy be exchanged for an equivalent bid bond after bid tabulations ` rr lete %r (30) fter bid opening, whichever is sooner. If any Bidder refuses to a ter Ja n Agr�t, Ci 0 eville may retain Bidder's bid security as liquidated damages t,�u pen�/ PART ELEVEN -ORMA D AND PAYMENT BOND 11.1 NOTICE TO PR BONDS AND ORDERING PROCEDURES 1. After c award, the Contractor will provide the City with a 100% performance bond and a satt ayment bond, as required in the contract. 2. Upon the City receiving and accepting the 100% Performance and Payment Bonds, the City will issue a Purchase Order along with a Notice of Award (NOA). a. The Notice of Award shall serve as permission for the Contractor to order any materials needed to complete the project, specifically those with a long lead time. 3. The City will coordinate with the Contractor on the timing of the Notice to Proceed being issued, which shall take into consideration the expected delivery of items with a long lead time. INSTRUCTIONS TO BIDDERS 5 Page 182 of 948 CITY OF FAYETTEVILLE. ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB 4. Calendar days for substantial and final completion shall not start until the day following the issuance of a Notice to Proceed. 5. The City will make progress payments for materials delivered on site, after verification of delivered materials by City. 11.2 After the Notice of Award has been issued, Contractor shall furnish two original surety performance bonds and payment bonds, equal to one hundred percent of the contract price. 11.3 If Required -- Contractor shall include provisions in the bonds which will guarantee the faithful performance of the prevailing hourly wage clause as required by the Arkansas Prevailing W e Law, Arkansas Code Annotated § 22-9-308(d). 11.4 Contractor shall pay all expenses in connection with the obtaining s onds. S�Q�hOds shall be conditioned that Contractor shall faithfully perform the contract and sha ay al dness for labor and materials furnished or performed in the construction of such altertions n ions as prescribed in this contract. 11.5 The surety company issuing the Bonds m&X+ed"olvent ny o Xwbe "rety Companies Annual List" issued by the U.S. Department of the Treand t ds are issued in an amount greater than the underwriting limitations for *e urety c as ut t rein. z �. •`� 11.6 In Arkansas, prevailing law re a that pei nce a �jient 1►public works contracts shall be executed by a reside t I a as ent cerise t e Ins an ommissioner to represent the surety company executi oyft a Wiling such Bondsower of Attorney as his authority. The mere countersigning the Boill not bec sient. 11.7 The date of the Bonds aNeklPov4erY i'torne not be prior to the date of the contract. At least two originals of thonds sfurnishedLeach with Power of Attorney attached. The performance and paIgo t bond furnis d to'the City of Fayetteville accompanied by a receipt stamped by th CircO's Office. Before any work is performed under this contract, theloand all be file ith t cl� of a circuit court of Washington County, Arkansas and accepted b e Y it of F teville Projanager. 11.8 BondsVao be a d by City of Fayetteville. If any Bonds contracted for become unsatisfactory or unacceptable t Ci of Fayetteville after the acceptance and approval thereof, Contractor, upon being notified toct, shall promptly execute and furnish acceptable Bonds in the amounts herein specif' on presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion f Contractor. PART TWELVE —INSURANCE REQUIREMENTS 12.1 The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker's Compensation, and General Automotive, if applicable. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. INSTRUCTIONS TO BIDDERS 6 Page 183 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB 12.2 This bid is considered a public improvement bid. Public improvement bids shall submit certificates of insurance within 10 days of notice of notice to proceed, after City Council approval. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet; the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. PART THIRTEEN - CONTRACT TIME 13.1 The number of days within which, or the dates by which the Work is to b bially c ed and also completed and ready for final payment is outlined in the Bid Form. 13.2 Except in connection with the safety or protection of persons or the Work y at the Site or adjacent thereto, and except as otherwise indicahe Cont r DocumeV,s, a ork at the Site shall be performed during regular working hours, an Contrac�°'� I not '0�� overtime work or the performance of Work on Saturday, Sund '�.3�y leg �11�1y with of Fayetteville's written consent. �I 0 � G PART FOURTEEN - LIQUIDATED DAMAGES 14.1 Provisions for liquidated dam any, a orth i B*d For ` PART FIFTEEN — SUBCONTRACT P D O a► 15.1 Contractor shall not assign or sublet or an rt of this o without the prior written approval of City of Fayetteville nor s all%ttgctor uch sub for to commence work until approval of workman's compensation i rance is lia il' rance as may be required. Approval of each subcontract by City ayetteville man er ase Contractor from any obligations asset out in the Drawings, S is ns, " nd B PART SIXTEEN - SuB TE AND; R EQUAL" EIV 16.1 Any re �to a pasp brand or manufacture is in an effort to establish an acceptable level of quality for this p chase.Is or manufacturers that are included in a bid that are of at least equal quality, size, and specificat' l a to what has been specified, will be acceptable for consideration. All requests for approve e.� hall be submitted by e-mail. Such request to obtain a pre -approved equal shall be made in wri tolAmanda Beilfuss, Sr. Purchasing Agent, at abeilfuss@favetteville-ar.gov. The Sr. Purchasing Agent wil orward any such requests to the responsible City Department for review. Approval of all submittals will be made only by Addendum to all holders of Bidding Documents by the City of Fayetteville Purchasing Division. INSTRUCTIONS TO BIDDERS 7 Page 184 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon City of Fayetteville's or Project Manager's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. 17.2 CERTIFICATION OF FUNDS: Notice: bidders are required to provide pricing for all line items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the lump sum bid as long as such bid falls within the m nt of furtified for the project, plus 25%. v ��J 1. In the event no bid falls within the amount of funds certified for of t, plus I e City will utilize the deductive alternates in order until bids can be compare i the a il* ertified, plus 25%. In the event all deductive alternates are subtracted and no b� fa s wi plus 25%, all bids will be rejected. 2. The City shall have the authority to negotiate S award w' appar &ponsive responsible low bidder but only if the low bid is within 4 --five pr • %) of tification of funds. 17.3 DEDUCTIVE ALTERNATE: & 1. There are no deductive alter this b�`( O a► P PART EIGHTEEN - DISQUALIFICAT FID E 18.1 Any one or more on ollowin consid reds sufficient for the disqualification of bidders and 1 the rejection of id • 18.2 More thid For the same Ofrom an individual, firm, partnership, or corporation under the sa fferen 18.3 Evidence of toll i among bidders. Participants in such collusion may receive no recognition as bidders for any fut 18.4 UnbalancBid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. INSTRUCTIONS TO BIDDERS 8 Page 185 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt completion of additional work if awarded. 18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a previous contract. PART NINETEEN - OPENING OF BIDS C 19.1 Bids will be opened and read aloud publicly at the place where Bids are pe% mittNCNwq om to be designated by City of Fayetteville the day of the bid opening. A bid tabu o of the arts of the base Bids and major alternates (if any) will be made available to Bidders afVr the op i ids. PART TWENTY - CONSIDERATION OF BIDS P ` O �O 20.1 After the bids are opened and read, the I�it ies will nded-anti tdtaled in accordance with the bid prices of the accepted Bids. This rev the Bid onfirm4 the low bidder. 20.2 In evaluating Bids, City of Fayett ill con ' e qu I 'c * s of er whether or not the Bids comply with the prescribed i ments ch a s, un' and other data as may be requested in the Bid For o r r o th ice of Se n. 20.3 City of Fayetteville may co sider thificationss experi f Subcontractors, Suppliers, and other persons and organizations Nnt*hier ed for },�o portio 4s►the Work as to which the identity of Subcontractors, Supplier. pie`r on d or ions must be submitted as provided in the Supplementary Condition, of Feville aiy consider the operating costs, maintenance requirements, perf ce data arante of rTiajor items of materials and equipment proposed for incor oratio i �ork �ch dat r uired to be submitted prior to the Notice of Selection. PART TWENTY-4;0 I HT ��t OT BIDS 21.1 City oftevillehe rightto reject any and all Bids, to waive technicalities, and to advertise for new bids. All subject to this reservation. City of Fayetteville reserves to itself the right to decide which shall b;ed the lowest responsive and responsible Bid. Due consideration will be given to the reputN iritIcial ability, experience and equipment of the Bidder. 21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. PART TWENTY-TWO - AWARDING OF CONTRACT 22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful INSTRUCTIONS TO BIDDERS 9 Page 186 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed, and the necessary Bonds approved. PART TWENTY-THREE - RETAINAGE 23.1 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/Architect, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made/a alount o the percentage indicated below, but, in each case, less the aggregate o ymants pr ade and less such amounts as Engineer/Architect shall determine, or The Cit yetteviy withhold, in accordance with the General Requirements. # V 2. 95% of Work Completed (with the balance kSL f Work b 50% completed as determined by Engineer/Architect, and if t INcharact d progr '� the Work have been satisfactory to The City of Fayettevi d En ' rchite City of Fayetteville on recommendation of Engineer/Archit deter i at o he character and progress of the Work subsequently remain sa ry to tf�er� ere will no additional retainage on account of Work subsequently complet which th re rogres sNnments prior to Substantial Completion will be an amo alto 1 ° the r ple e aggregate of payments previously made. 3. 100% of Equipment teri sPsac corpRRra��te the W bu delivered, suitably stored, and accompanied by doc entati n store City tteville as provided in the General Requirements. G PART TWENTY-FOUR -SIGNING C�1�GR EM �O (�✓ 24.1 When City of Fayet gives a of Selec 'on the Successful Bidder, it will be accompanied by the number of uwsigned counter of t ment as indicated in the Supplementary Conditions, with all othe ritten Contract Dn�ume s e . Within ten (10) days thereafter, Contractor shall sign and deli 4P t�quired Wber of cou t arts of the Agreement and attached documents to City of Fayet vith the ed Bonds & Certificate of Insurance. Within ten (10) days thereafter City of Fayettev shall cl �r" one fully signed counterpart to Contractor. PART TWENTY�FIV� ERIALS GUARANTY 25.1 BeforX all contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. PART TWENTY-SIX - FAMILIARITY WITH LAWS INSTRUCTIONS TO BIDDERS 10 Page 187 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. PART TWENTY-SEVEN - ADDITIONAL LAWS AND REGULATIONS 27.1 Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid: 1. Americans with Disabilities Act 2. Storm water discharge regulations enacted under the Clean Water a dminid by the Arkansas Department of Environmental Quality (ADEQ) under a gener pe its prWing Contractor may be required to obtain coverage under general permit ARR001000 prior to cwork at the site. 6. �V 3. If Required -- Arkansas Prevailing Wage Law, nsas Code notated 22�301 to 22-9-315 and q g g �L���` the administrative regulations promulgated hereunder% ee Sectiog 01 41 13 - Regulatory Requirements for PREVAILING WAGE DIET �M INATIO%'F��tlhis projeci�T 4. Bidder shall perform the Work in corn Nq e with ica ench safety standards set forth in Occupational Safety and Health Adrlration O Part 19 — Subpart P — Excavations. co GJ PO a. G �-j- o 01 END OF SECTION 01 INSTRUCTIONS TO BIDDERS 11 Page 188 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB SECTION 02 BID FORM *NAME OF FIRM: *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *PHONE: *E-MAIL: Purchase Order/Payments shall be issued to this name *STATE: FAX: *ZIP: (� I UNIQUE ENTITY NUMBER: C • 'VIBER: O *TAX ID NUMBER: V AR O CTORS ENSE #: Bidder acknowledges receipt of the fol i g adde11z; Addendum No. Dated: owl e b �Glf� Y Addendum No. Dated: Ackno edged by: Addendum No. Dated: w n edged Addendum No. Da Total Completion•T' and Liq . ate✓�d✓/Dam&ecluding Alternative: Substantial completion shall be 45 consecutive c ys fr crate established in a written notice to proceed. Final completion shall be 15 days after subs I com �he bidder must agree also to pay as liquidated damages, the sum of $100.00 for each consecutive calaft5p4lav thereafter. VThe�tla bidder u s that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. g The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the bid opening. BID FORM 1 Page 189 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work MECHANICAL: Subcontractor's Name and Address Expected Percentage or Value 4-4 PLUMBING: �( ♦�O O ELECTRICAL: ROOFING AND SHEET METAL: P O a► Other (designate) C) 9,t GV know ♦ O G✓ Upon receipt of written not' ffictK cept c is bid, iddZ will execute the formal contract attached within 10 days and deliver a Su ret B 1 or eg4r he General Conditions. The bid security at4a`/e n the suil�pf $ is to become the property Owner i 9jent the contract and bond are not executed within the time set forth above, as liquidated da es fort ay and additional expense to the Owner caused thereby. *BY: (PRINTED) NA E) *AUTHORIZED SIGNATURE: *TITLE: BID FORM 2 Page 190 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB Section 03 CONTRACTOR REFERENCES The following information is required from all Bidders so all bids may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: TOTAL NUMBER OF CURRENT EMPLOYEES: HOW LONG IN PRESENT LOCATION: FULLTIME PART TI M E NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PA TTIME�� PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR C RA SERVI f6WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): D'� V 1. 2. COMPANY NAME IY** + COMPAK'ME Q CITY, STATE, ZIP ATE V CONTACT PERSON �% CO ERSOI\� �./ ` -t-9) TELEPHONE 4EPHON O �► P DATE COMPLETED � f'� D E PLETED E-MAILADDRESS ` -MAILADDRESS 3. ♦ 4. COMPANY NAME COMPANY NAME ♦ V CITY, STATE, ZIP w CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE DATE COMPLETED DATE COMPLETED E-MAIL ADDRESS E-MAI L AD DRESS CONTRACTOR REFERENCES 1 Page 191 of 948 CITY OF FAYETTEVILLE. ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB SECTION 04 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we as Principal, hereinafter called the Principal, and G � V I �`O O O a corporation duly organized under the laws dt State as Surety, hereinafter called Surety, are held and firmly bound ur� City of Fayetteville, Arkansas 113 West Mountain Street O P v Fayetteville, Arkansas 72701 G � o' �v as Obligee, hereinafter called OwWrNiO sur'Qg 7;,A ! and truly to be made, Prin and assigns, jointly and sr ��C Dolla rhd said S�s ind ou efir e pre � for the payment of which sum, well our heirs, executors, administrators, successors WHEREAS, Princi I s ubmitt Bid for: BID 23-41, CONS CTION TRANSFER STATION & WATER SEWER ROOF REHAB NOW, THEREFORE, wner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in or nce with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contra Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. BID BOND 1 Page 192 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB Signed and sealed this day of 20 PRINCIPAL M (CORPORATE SEAL) SURETY G S V By P •�o 0 � G ATTORNEY -IN -FACT (RRATE SEAL) Cj This Bond shall be accompanied 't Attorney-in-Fact's authority fromIty) 5 END OF SECTION 04 BID BOND 2 Page 193 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB SECTION 05 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and G S V I •`O O O G as Surety, hereinafter called Surety, are held rmly b to •� City of Fayetteville, Arkansas 113 West Mountain Str O a► Fayetteville, Arkansas 72 1 G 0& n• as Obligee, hereinafter called Own in Ahe a o $ v�J , for the payment whereof Contractor and Surety bind themstXs, their Igo ecut nistrators, successors and assigns, jointly and severally, firmly by these pr nth �' • WHEREAS Contract r ha writt , reerre 20 entered into a contract with Qw for BID Z 41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB which 4jby r made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE ION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contra c� this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety he eb al�vvees'notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: A. Complete the Contract in accordance with its terms and conditions, or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination PERFORMANCE BOND 1 Page 194 of 948 CITY OF FAYETTEVILLE. ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from �he date on w ich final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or r tion oth a the Owner named herein or the heirs, executors, administrators, or successors of the Owner. I Signed and sealed this day of 7( CONTRACTOR • •`O CORPORATE SEAL) � G By �� • O SURETY G �" NTERSIGNED: Resident Agent Arkansas O (This Bond sh.allompanied with Attorney-in-Fact's authority from Surety) (CORPORATE SEAL) Approved as to Form: Attorney for PERFORMANCE BOND 2 Page 195 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB SECTION 06 LABOR AND MATERIAL PAYMENT BOND This Bond is issued simultaneously with the Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that G � 0 as Principal, hereinafter called Contractor, and IY** �o 0 G as Surety, hereinafter called Sur , e an I boun i f Fayetteville, V City ayette eo , Ark an s G 113 West Mountain Street J► Fayetteville, Arkansas 72 as Obligee, hereinafter c idbner, e an( it of claimants as hereinbelow defined, in the amount of fo a tf Contractor and Surety bind themselves their heirs executors, adminigtr , successes and assigns, joptly and severally, firmly by these presents. WHEREAS, Con r has �n ten Agreement dated , 20 , entered into a contract with Owner for -41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB which contract is by r ce made a part hereof and is hereinafter referred to as the Contract. NOW THEREFO�HE CONDITION OF THIS OBLIGATION is such that if Contractor shall make payment promptly to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of LABOR AND MATERIAL PAYMENT BOND 1 Page 196 of 948 CITY OF FAYETTEVILLE. ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above -named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: n 1. Unless claimant other than one having a direct contrac rincipa Na11► have given written notice to any two of the following: the Contractor, th canqr uretywithin90 days after such claimant did or performed the last of theAork orIafurnished the last of the materials for which said claim is"Bade, stati th substtlal accuracy the amount claimed and the name of the part to Xhom we rnished, or for whom the work or labor was done or r r d. Suc ;!�rials sh b rved by mailing the same by registered mail or certified aiiostag id, in lope addressed to Contractor, Owner or Surety, at an where a is ular mai ined for the transaction of business, or served in anner' h le a o ss maY`b s ved in the state in which the aforesaid Pro'et i located hat s ice n tube made by a public officer. 2. After the ex of follhe date o w 'ch Contractor ceased Work on the Contract, it b ing un s od, howee,, that if imitation embodied in this Bond is prohibited by an �LLaw controllin construct n ereof, such limitation shall be deemed to be amended a'sil� A ewal�o� mini �eriod of limitation permitted by such Law. 3. Other t a a stat compiker t risdiction in and for the county or other political sub vi Vli! f th whic4i aject, or any part thereof, is situated, or in the United Zte!s trict Cour r the istr in which the Project, or any part thereof, is situated, and ►Isewhe D. The amount ofond shall be reduced by and to the extent of any payment or payments made in good faith r 'nder, inclusive of the payment by Surety of mechanics' liens which may be filed of record said improvement, whether or not claim for the amount of such lien be presented u r a against this Bond. Signed and sealed this day of 20 LABOR AND MATERIAL PAYMENT BOND 2 Page 197 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB CONTRACTOR (CORPORATE SEAL) 0 SURETY COUNTERSIGNED: Resident Agent State of Arkansas By By ATTORNEY -IN -FACT (CO EAL) �o 0 � G (This Bond shall be accompanied with Attorney-in-Fact's authority from Suret V �� Aas t P o G 0& �y for lop LABOR AND MATERIAL PAYMENT BOND 3 Page 198 of 948 PROJECT MANUAL FOR CITY OF FAYETTEVILLE ROOF MAINTINENCE: `p WATER & SEWER OPERATIONS AND TRASH & RECYCLING TRANS F R S ATION & MATERIAL REC `/ER` CII� Y � G c J' -2 P FOR•rZON T#JCT �1 �ec� `Archit� W �'I-IW S RKANSAS, PLLC . CE ,SUITE 410 TT L ANSAS 72701 • (47 9 .4477 OFFICE �GJ V ARCHITECT'S PROJECT NUMBER FAYONC22.00 COPYRIGHT 2023/WER Page 199 of 948 SECTION 00 0105 CERTIFICATIONS PAGE ARCHITECT I HEREBY CERTIFY THAT THIS PROJECT MANUAL WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF ARKANSAS. FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash Roof Maintenance 00 0105 - 1 Certifications Page 09-19-2023 Page 200 of 948 SECTION 00 0110 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS CITY OF FAYETTEVILLE PROVIDED DOCUMENTS INTRODUCTORAY INFORMATION Section 00 - Title Page Section 00 - Bidder's Check List Section 00 - Advertisement Section 01 - Instructions to Bidders BID FORMS AND SUPPLEMENTS Section 02 -Bid Form ( n Section 03 - Contractor Refernce 0_4 Section 04 - Bid Bond V Section 05 - Performance Bond 40, Section 06 - Labor and Material Payment BdV CONTRACT GENERAL CONDITIONS General Requirements ;`+ O DIVISION 00 -- PROCUREMENT AND CONTRACT EQUITS 00 0105 -Certifications Page 00 0110 - Table of Content�7J• ` • 00 6325 - Substitution t Form ` SPECIFICATIONS DIVISION 01 -- GENERAL REQUIREMENTS 01 1000 - Summary �G.! 01 2000 - Price and P erA�Proce V 01 2500 - Substituti rocedur + 01 3000 -Ad - -s ive Req bhts 01 3216 -p� st tion ch e 01 500 - T`erteorary Fa if s an4t!,br 01 600 roduct A irements - Exe*.Ond Closeout Requirements 01 0 - Clout Submittals DIVISION 02 EXISTING CONDITIONS 0241 emolition DIVIS(qN 03 -- CONCRETE NOT USED DIVISION 04 -- MASONRY NOT USED DIVISION 05 -- METALS NOT USED DIVISION 06 -- WOOD, PLASTICS, AND COMPOSITES NOT USED DIVISION 07 -- THERMAL AND MOISTURE PROTECTION NOT USED 07 5600 - Liquid Applied Flashing DIVISION 08 -- OPENINGS NOT USED FAYONC22.00 Table of Contents City of Fayetteville Water & Sewer + Recycling & Trash 00 0110 - 1 09-19-2023 Roof Maintenance Page 201 of 948 DIVISION 09 -- FINISHES NOT USED DIVISION 10 --SPECIALTIES NOT USED DIVISION 11 -- EQUIPMENT NOT USED DIVISION 12 -- FURNISHINGS NOT USED DIVISION 14 -- CONVEYING EQUIPMENT NOT USED DIVISION 15 -- 33 NOT USED END OF SECTION FAYONC22.00 Table of Contents City of Fayetteville Water & Sewer + Recycling & Trash 00 0110 - 2 09-19-2023 Roof Maintenance Page 202 of 948 SECTION 00 6325 SUBSTITUTION REQUEST FORM PRE -BID SEND TO: AMANDA BEILFUSS SR. PURCHACING AGENT CITY OF FAYETTEVILLE 113 W. MOUNTIAN STREET FAYETTEVILLE, AR 72701 POST -BID SEND TO: BEN CRUCE PROJECT ARCHITECT WEIR ARCHITECTS 112 W. CENTER STREET, SUITE 410 FAYETTEVILLE, AR 72701 PHONE:479-575-8220 PHONE:479-966-4477 SECTION: PARAGRAPH: SPECIFIED ITEM: PROPOSED SUBSTITUTE: ATTACH, COMPLETE DESCRIPTION, DESIGNATION, CATALOG OR MODEL NUMBER, SPEC DATA SHEET, AND OTHER TECHNICAL DATA, IN DING LAB44ATORY TSTS IF APPLICABLE. O O ANSWER THE FOLLOWING QUESTIONS. �` (� WILL SUBSTITUTION AFFECT DIMENSION ���ATE RA — S..IS THE SIZE DIFFERENT PHYSICAL SIZE► WILL SUBSTITUTION AFFECT WIP.1 , �IPIN S;WOj, E� INDICATED ON DRAWINGS THIS INCLUDES LOWER OR HIGH,; ELECTRI LO4VC D OR VOLTAGE DIFFERENT BTU HEAT LOAD AND OR OR VEN -REQU F`D CLEAE'S, E C. v WHAT AFFECT WILL SUBS7ITUTIOt�x4q�E ON OT TRA v LIST ANY DIFFERENCES BE RO SCSUB ION AND SPECIFIED ITEM: IF NECESSARY, WILL THE UNDER PAY F RNA CHITECTS ENGINEERS COSTS, REQUIRED TO REVISE WORKI INGii' __ __ _T ARE CAUSED BY SUBSTITUTION r MANUFACTURERS WARR r Y OF PROPOSED ITEMS ARE SAME DIFFERENT PROPOSED COST SAV USING SUBSTITUTION PRODUCT: REVIEW COMMENTS: APPROVED APPROVEIJOTED SEE ATTACHED EXPLAINATION NOT APPRED REJECTED REJECTED RECEIVED TOO LATE NOT REVIEWED REMARKS: REVIEWED BY: FAYONC22.00 Substitution Request Form City of Fayetteville Water & Sewer + Recycling & Trash 00 6325 - 1 09-19-2023 Roof Maintenance Page 203 of 948 SUBMITTED BY: FIRM: ADDRESS: SIGNATURE: DATE: PHONE EMAIL: FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash Roof Maintenance END OF SECTION Substitution Request Form 00 6325 - 2 09-19-2023 Page 204 of 948 SECTION 01 1000 SUMMARY PART 1 GENERAL V.22 1.01 PROJECT A. Project Name: City of Fayetteville Water & Sewer Operations Center + Trash & Recycling Transfer Station & Material Recovery Facility Roof Maintenance. B. Owner's Name: City of Fayetteville Arkansas. C. Architect's Name: WER Architects. D. The Project consists of the alteration of two existing standing seam metal roofs located at the City of Fayetteville Water and Sewer Operations building and the City of Fa tteville Trash Transfer Station & Material Recovery Facility n 1.02 CONTRACT DESCRIPTION 1.03 DESCRIPTION OF ALTERATIONS WORK , A. Scope of alterations work is indicated on drawings. V 1.04 WORK BY OWNER A. The Owner, without sacrificing their right to cdo o*does nto unde ke ignificant work with their own forces within the constructi n site prio'�to antial �tion. B. Items noted NIC (Not in Contract) 1' plied a $ lled r before Substantial Completion. � (, V C. Items and equipment noted to b ctor F n ed a Co ctor Installed is to be purchased new by the Contr nd all c a cia a the han ng, installation and connection should be incl ern -key i t ojec s andt'S uipPnent noted to be Contractor Installed shall ordina �i pro ' the gd%or shall include all costs for handling, installati onnec n the �vJ D. Cooperate fully wit n force r sepa ate co ors, if any, so work on those contracts may be c ried out mo tTily, with terfeeri or delaying work under this contract. 1.05 OWNER OCCUPANCY A. Owner intends to c eio oc �Nacen of the existing building during the entire construction eriod �-bv B. Owner inte t cup . ct upo bstantial Completion. C. Cooperate i wrier maze n to facilitate Owner's operations. D. Sched he ork t cc mmod e O er occupancy. 1.06 CON U TE AND PR ISES A. uction ions: Limited to areas noted on Drawings. 1. Loca onduct construction activities in ways that will limit disturbance to site. B. Arrang o site and premises to allow: 1. occupancy. rk by Others. 3. ork by Owner. C. Do not unreasonably encumber site with materials or equipment. Confine stockpiling of materials to areas authorized by Owner. D. Provide access to and from site as required by law and by Owner: 1. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. FAYONC22.00 Summary City of Fayetteville Water & Sewer + Recycling & Trash 01 1000 - 1 09-19-2023 Roof Maintenance Page 205 of 948 2. Do not obstruct roadways, sidewalks, or other public ways without permit. E. Workers on the jobsite are to be reminded that adjunct areas are occupied and in use on the campus. W A F. Existing building spaces may not be used for storage. G. Time Restrictions: 1. Limit conduct of especially noisy exterior work to the hours of 7:00 am through 4:00 pm. H. Utility Outages and Shutdown: 1. Limit disruption of utility services to hours the building is unoccupied. 2. Do not disrupt or shut down life safety systems, including but not limit to fire sprinklers and fire alarm system, without 7 days notice to Owner and authoritie hav' g jurisdi o 3. Prevent accidental disruption of utility services to other facilities. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED V END OF SECTION Q IY** �o 0 � G ,Q PO a. G �-j- o I FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash Roof Maintenance 01 1000 - 2 Summary 09-19-2023 Page 206 of 948 SECTION 01 2000 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Procedures for preparation and submittal of applications for progress payments. B. Documentation of changes in Contract Sum and Contract Time. C. Change procedures. D. Correlation of Contractor submittals based on changes. E. Procedures for preparation and submittal of application for final payment. 1.02 SCHEDULE OF VALUES A. Use Schedule of Values Form: AIA G-702 Application and Certificate 1Z Oent. B. Electronic media printout including equivalent information will be considered in lie dard form specified; submit draft to Architect for approval. C. Forms filled out by hand will not be accepted. D. Submit Schedule of Values in duplicate wit 5 days after gate of Ow tractor Agreement. ` - E. Format: Utilize the Table of Content4o is rojec r. Identif�ceach line item with number and title of the specification 21i Iden ' mob' ' fin. F. Include in each line item, the am Allowan ecifie is section. For unit cost Allowances, identify quantities ta(N rom C Doc nts ultipli d by the unit cost to achieve the total for the item �� ��, G. Revise schedule to list a r Chan ders, t e�c Ap or Payment. 1.03 APPLICATIONS FOR PRRS P TS A. Payment Period: t intervals stipul n the Agree e 16 B. Use Form AIA G702 and Form AIA G703, estipul t�i the Agreement. C. Electronic medirintc t including equiva%nt inform ill be considered in lieu of standard form specified; sub itto A, Vrit tfor appr�D. Forms filled out by h94 not E. For each ite ide a isting X?the following: 1. Item- F —< 2. Descri aA of wor p 3. 4Scheduled Values. Cj 4. Qrevious Applicalhos. ork in Place and Stored Materials under this Application. 6. uthorized Nnge Orders. 7. Total Comeeted and Stored to Date of Application. 8. P rcer4age of Completion. 9Nete Kkplte to Finish. tainage. F. certification by signature of authorized officer. G. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. H. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of work. I. Submit one electronic and three hard -copies of each Application for Payment. FAYONC22.00 Price and Payment Procedures City of Fayetteville Water & Sewer + Recycling & Trash 01 2000 - 1 09-19-2023 Roof Maintenance Page 207 of 948 1.04 MODIFICATION PROCEDURES A. For minor changes not involving an adjustment to the Contract Sum or Contract Time, Architect will issue instructions directly to Contractor. B. For other required changes, Architect will issue a document signed by Owner instructing Contractor to proceed with the change, for subsequent inclusion in a Change Order. 1. The document will describe the required changes and will designate method of determining any change in Contract Sum or Contract Time. 2. Promptly execute the change. C. For changes for which advance pricing is desired, Architect will issue a document that includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change with a s . ulation of any overtime work required and the period of time during which the requested ric will be considered valid. Contractor shall prepare and submit a fixed price qu ti thin 15 D. Computation of Change in Contract Amount: As specified in the A m t and C s of the Contract. `- 1. For change requested by Architect for work falling under a fixe rice Zr amount will be based on Contractor's price quotation. E. Substantiation of Costs: Provide full informquired aluation 1. Provide the following data: �1`O O a. Quantities of products, labor quipm� ' b. Taxes, insurance, and bor�`� V c. Overhead and profit. `` d. Justification for any c nV in Co ime. e. Credit for deletion h `Contra siilarly ted. , F. Execution of Change Ordlos.Xchite sue Orde natures of parties as provided in the Condition N,he Co a G. After execution ofthange,Or Qr ptly r ise S edule lues and Application for Payment forms to record ea auized Ge Order parate line item and adjust the Contract Price. H. Promptly revise progre schedules t t any cin Contract Time, revise sub - schedules to adjust ' es r bthar i m�work d by the change, and resubmit. I. Promptly enter cha in Pro Word Do ts. 1.05 APPLICATIONVonct L P A. Prepare Ar F ymenL� ified for progress payments, identifying total adjuste, previous ym s, and sum remaining due. B. Apprica for Fin ment will n considered until the following have been 4tcomNished: 1. All closes ocedures specified in Section 01 7000. PART 2 PRODUC USED PART 3 EXEC I� - NOT USED END OF SECTION FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash 01 2000 - 2 Roof Maintenance Price and Payment Procedures 09-19-2023 Page 208 of 948 SECTION 01 2500 SUBSTITUTION PROCEDURES PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Procedural requirements for proposed substitutions. 1.02 RELATED REQUIREMENTS A. Section 00 6325 - Substitution Request Form: Required form for substitution requests made prior to or after award of contract (During procurement or construction). B. Section 01 6000 - Product Requirements: Fundamental product requirements, product options, delivery, storage, and handling. 1.03 DEFINITIONS A. General Clarification: Where a definate material is specified it is not tM� twan to des i r r to against any equal product from another manufacturer. It is the intent t6 se defiV ndard. Open competition is expected, but in all cases, complete data mus�e submitter comparrision and test when requested by Architect. No substitutign shall b made unless authorized in writing by the Architect. If the Contractor proposes[o subs 'tuN an equal product, he shall make this fact known, in writing, to hitect a�s Qn as posble'�Fter the award of the contract. � ` • B. Substitutions: Changes from d Contr ents ents p by Contractor to materials, products, assemblies, an'nt. 1. Substitutions for Cause: Pr due to ed Proj ci umstances beyond Contractor's control. a. Unavailability. b. Regulatory cha#g 2. Substitutions for io v fence: sed sibilitno�ering substantial advantage t ec a. Substit r r q e fi�i�fg ad t es solely t�h ►Contractor will not be considere PART 2 PRODUCTS - NOT US D PART 3 EXECUTION • ��/ 3.01 GENERAL REQUIREM, �O A. A Substitution Re �e..�st for assem li`materials, and equipment constitutes a represent�on that the •� 1. H s investigated p ed pra,&J&al�N etermined that it meets or exceeds the quality •lel of the spe(i[Fied product, equipment, assembly, or system including aesthetics of physical properitero such as available colors, patterns and textures. grees to proviA the same warranty for the substitution as for the specified product. 3. grees to prdvide same or equivalent maintenance service and source of replacement parts, as applicable. 4. A es to coordinate installation and make changes to other work that may be required for work to be complete, with no additional cost to Owner. �ives claims for additional costs or time extension that may subsequently become pparent. 6. Agrees to reimburse Owner and Architect for review or redesign services associated with re -approval by authorities. B. A Substitution Request for specified installer constitutes a representation that the submitter: 1. Has acted in good faith to obtain services of specified installer, but was unable to come to commercial, or other terms. FAYONC22.00 Substitution Procedures City of Fayetteville Water & Sewer + Recycling & Trash 01 2500 - 1 09-19-2023 Roof Maintenance Page 209 of 948 C. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. Burden of proof is on proposer. 1. Note explicitly any non -compliant characteristics. D. Content: Include information necessary for tracking the status of each Substitution Request, and information necessary to provide an actionable response. 1. Forms included in the Project Manual are adequate for this purpose, and must be used. E. Limit each request to a single proposed substitution item. 1. Submit an electronic document, combining the request form with supporting data into single document. 3.02 SUBSTITUTION PROCEDURES DURING PROCUREMENT A. Instructions to Bidders specifies time restrictions for submitting requests fo b titutions,�d' g the bidding period, and the documents required. B. Submittal Form (before award of contract): ���� 1. Submit substitution requests by completeing the form in Sec ' n 06 5; seeTMis�ection for additional information and instructions. Use only this form; er for of sLonission are unacceptable. Substitutions before award of contract m spt b Su it d`the City of Fayetteville Purchacing Division. 3.03 SUBSTITUTION PROCEDURES DURING CONCTIO A. Submittal Form (after award of contract - ` + O 1. Submit substitution requests b eting t in S 'ACOO 6325; see this section for additional information and ins �tions. e my thi ther forms of submission are unacceptable. Sub tit ter aw contr t sh be s bmitted to the architect. B. Architect will consider reque substit only days�a ate of Agreement. C. Substitutions will not be n ered and a or t e fol cumstances: 1. When they are i or im 'Pisho g or ro t ata submittals, without having recei approv . 2. Without a Sep ate writ n r St. 3. When accepta ce will r i revisions ontrac ments. 3.04 RESOLUTION► A. Architect may requ adNional ivi min an entation prior to rendering a decision. Provide this data inxpediti ner. B. Substitutions uAnItted bef r of co racf`will be accepted or rejected via addendum. 1. Archi 's decisio II rev1 oposed substitution will be noted on the submitt form to ry n ude t�ndum. d 11� C. Substitutions submitt d after awar of ntract, Architect will notify Contractor in writing of decision to acc p�(of�ject request. 1. Architect's �elfon following review of proposed substitution will be noted on the submitt 3.05 ACCEPTAN A. Acce Ctitutions change the work of the Project. The will be recorded into submittal and 9 1 Y ru ed changes to the Construction Documents will be incorporated into the work by iss nce of Change Order, Architectural Supplementary Insructions, or similar instruments proivded for in the Conditions of the Contract. 3.06 CLOSEOUT ACTIVITIES A. See Section 01 7800 - CLOSEOUT SUBMITTALS, for closeout submittals. B. Include completed Substitution Request Forms as part of the Project record. Include both approved and rejected Requests. END OF SECTION FAYONC22.00 Substitution Procedures City of Fayetteville Water & Sewer + Recycling & Trash 01 2500 - 2 09-19-2023 Roof Maintenance Page 210 of 948 SECTION 01 3000 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Electronic document submittals. B. Preconstruction meeting. C. Site mobilization meeting. D. Progress meetings. E. Construction progress schedule. F. Change Order requirements. G. Contractor Liabiltity requirements. H. Coordination drawings. 0_4 I. Submittals for review, information, and project closeout. V J. Number of copies of submittals. K. Submittal procedures. 1.02 RELATED REQUIREMENTS A. Section 01 3216 - Construction Pro ss edule: , co n a administration of schedules. 1.03 PROJECT COORDINATION ��J' J►v A. Cooperate with the Project C� Fp plTiator in tion o it ation area f site; for field offices and sheds, for constructs & deliver ac'��traff'c, rkin ciliti �' y B. During construction, c rdiNte use o�slle- and i i thro h oject Coordinator. C. Comply with Probe �Kiin rr edur for in a-proje mmunications; submittals, reports and records, chedul s, c ordinatiC d wings, a mmendations; and resolution of ambiguities and conflicts. 0 9 D. Comply with instructio of tl�e Proje ►o dinator of temporary utilities and construction facilities . G E. Coordinate field_engil ring a t work nstructions of the Project Coordinator. F. Make the followinl types o als to AyiLhitect: 1. Requests farinter e � 2. Requestjlor substi N 3. .S opt rawings, roduct data, n rOANANna andi sI/ reports.anufac �`?Fistructions and field reports. .pplic or payment and change order requests. 7. Pro s chedules. 8. C ation drawings. 9 I out submittals. PART 2 R UCTS - NOT USED PART 3 EXECUTION 3.01 ELECTRONIC DOCUMENT SUBMITTALS A. Any documents transmitted for purposes of administration of the contract will be in electronic (PDF) format and transmitted via an Internet -based e-mail service. 1. In addition to submittals for review, information, and closeout, this procedure will apply to requests for information (RFIs), progress documentation, contract modification documents FAYONC22.00 Administrative Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 3000 - 1 09-19-2023 Roof Maintenance Page 211 of 948 (e.g. supplementary instructions, proposal requests, change orders), applications for payment, field reports and meeting minutes, and any other document the Contractor or Architect wish to make part of the project electronic record. 2. Contractor and Architect will use conventional e-mail for this service, subject to the limitations of the service provider (file size). 3. It is the Contractor's responsibility to submit documents in PDF format via file attachment to e-mail directed to ABC Architect. Addressee will be determined at the pre -construction conference. Documents shall be reviewed and stamped by the contractor prior to submission. PDF documents without contractors stamp, signature and/or initials, & date will not be reviewed. Each scan or PDF copy, especially large format documents or drawings, shall be individually stamped, if transmitted as individual files. Assembled documents in a single file need only be stamped once. 4. Subcontractors, suppliers, and Architect's consultants are required to use the a-m transmission of review documents, and provide copies directed to the Architect a Contractor. 5. Users of the electronic document submission process shall pre�A a an emaiand Internet access. PDF review software that includes ability to 11r Limp and Z1, lectronic stamps (such as Adobe Acrobat, www.adobe.com, or Bluebea PDF www.bluebeam.com), is encouraged, unless scan to PDF fill capabili vided by the document generator / provider. 6. Paper documents & transmittals of elec nic sub s will not bgg�eviewed; emailed PDF documents without transmit tter / for the contractor will not be reviewed. 7. All other specified submittal a� c ment tr ion procedures apply, except that electronic document requirem nn not physical samples or color selection charts. ��VVv N B. Cost: The cost of the electro i cumen i ni tal(spaiQ) tractor; include the cost of the submittals in t act su . ` L6 C. Project Closeout: Arc ill dete i hic electronument files shall be archived for the r. hecontr hall provi hesed m seIecr nicaIIyan d physical compone a rt�Ose o ument sub is � n. 3.02 PRECONSTRUCTION EETIN( V A. Architect will schedule meeting after gtISe of Aw B. Attendance Require • O 1. Owner. �� 2. Architec � 3. Contr � C. Agend ` 1. Dution of ntract Docu en RUbrnissi dFAS f Subcontrac ors, list of Products, schedule of values, and progress c f edul.e. �GJ esigna personnel representing the parties to Contract, the Owner and Architect. 4. Procdffur and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 5. ScI•)661ing. D. R ' rd'minutes and distribute copies within two days after meeting to participants, with electronic copies to Architect, Owner, participants, and those affected by decisions made. 3.03 SITE MOBILIZATION MEETING A. Architect will schedule a meeting at the Project site prior to Contractor occupancy. B. Attendance Required: 1. Contractor. 2. Owner. FAYONC22.00 Administrative Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 3000 - 2 09-19-2023 Roof Maintenance Page 212 of 948 3. Architect. 4. Contractor's Superintendent. 5. Major Subcontractors. C. Agenda: 1. Use of premises by Owner and Contractor. 2. Owner's requirements . 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. 5. Security and housekeeping procedures. 6. Schedules. 7. Application for payment procedures. 8. Procedures for testing. /► 9. Procedures for maintaining record documents. V 10. Requirements for start-up of equipment. 11. Inspection and acceptance of equipment put into service duri ons uction r D. Record minutes and distribute copies within two days after meetin partici ni two copies to Architect, Owner, participants, and those affected by depisi ns d 3.04 PROGRESS MEETINGS A. Schedule and administer meetings throu ho progress Work mum monthly intervals. • ` B. Make arrangements for meetings, p agend i opie cipants, preside at meetings. �' C. Attendance Required: Job s �t nden Jubc tors and pliers, Owner, Architect, as appropriate to al�i a topic �ch e • �' D. Agenda: ` 1. Review minu es us n . 2. Review of W es 9 3. Field observat ns ro em and dec �+ p 4. Identification of problems that impef� oTEfiill impel"nned progress. 5. Review of submit s schedule anelst�ltus of s S. 6. Maintenance ro ress schedul `� 7. Corrective me s to regatN7necte u es. 8. Planned ss during ceding ork riod. 9. Maint n e f qu ork ds. 10. Effec o p posed s on chedule and coordination. 11. O r business lat' to WQk.E. R utes a tribute copthin two days after meeting to participants, with e c copi chitect, Owner, participants, and those affected by decisions made. 3.05 CONS CTIOI IIU GRESS SCHEDULE - SEE SECTION 01 3216 ftf A. Within 10 after date of the Agreement, submit preliminary schedule defining planned opera i r the first 60 days of Work, with a general outline for remainder of Work. B. 04re i ary schedule requires revision after review, submit revised schedule within 10 days. C. Wit 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment. 3.06 COORDINATION DRAWINGS FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash 01 3000 - 3 Roof Maintenance Administrative Requirements 09-19-2023 Page 213 of 948 A. Provide information required by Project Coordinator for preparation of coordination drawings. B. Review drawings prior to submission to Architect. 3.07 DIGITAL DOCUMENT FILES AND RELEASES A. BIM Models: Projects are created by Architect and Engineers using Building Information Modelling software and not all projects wil have these files available for Contractor's use. The final model is a composite of multiple models that will require separate models from consultants. Contact Architect and Engineers for specific availablity and cost. B. AutoCAD files: Do not exist for architectural plans. Architect has capabilty to generate AutoCAD files that resemble the sheets as seen in the Construction Documents as well as generate entire floor plans of the building. This service can be provided at a cost to the Contractor per sheet/floor plan desired. See end of section for Digital Rele form. C. Portable Digital Format (PDF): PDF of issued drawings can be providef�'t Co ractor cost. Contact Architect for availablity. *4 D. Other documents: Contractor will have to directly contact consult t r trade sp is iles, such as AutoCAD files for topographical layout, etc. 3.08 REQUESTS FOR CHANGE ORDERS A. In order to facilitate checking of quotations f as or cr 1 all prop aIs, xcept for those so minor that their propriety can be seen y i pection, e acco d by a complete itemization of costs including labor, rya Is and s cts. L d materilas shall be itemized in manner prescribed abo6XI ere majq� item contracts, they shall be itemied also. v 3.09 CONTRACTOR LIABILITY REQUIVENTS A. The Contractor shall cause mmen lity c `'ily' equir a Contract Documents to include (1) a wrier,t itec \ it er an itect Engineer's consulants as additio ed for iicau ole or in y the Contractor's negligent acts or durin �� ontractor' eration an 2) the Owner as an additional insured c i s e whol art by the o tractor's negligent acts or omissions during th Contra is ompleted rations. rchitect / Engineer, Engineer, and their respective Consultan s are resible fort a Professional Liability coverage. 3.10 SUBMITTALS FOR RE FIEN*A. When the followingpecifie •%�idua e s, submit them for review: 1. Product 2. Shop n 3. Sam e f r selec 4. S ple or veri 'cat+�w� 5. • Ig ed Des- Neferred suds. B.V?No Arch review for the limited purpose of checking for conformance with ation g' Md the design concept expressed in the contract documents. C. Samples eviewed only for aesthetic, color, or finish selection. D. After r-provide copies and distribute in accordance with SUBMITTAL PROCEDURES c �bl�ylbw and for record documents purposes described in Section 01 7800 - CLOSEOUT - 11*Ml'fTALS. 3.11 SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. FAYONC22.00 Administrative Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 3000 - 4 09-19-2023 Roof Maintenance Page 214 of 948 6. Manufacturer's field reports. 7. Other types indicated. B. Submit for Architect's knowledge as contract administrator or for Owner. No action will be taken. 3.12 SUBMITTALS FOR PROJECT CLOSEOUT A. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated. B. Submit for Owner's benefit during and after project completion. C 3.13 NUMBER OF COPIES OF SUBMITTALS �► A. Documents: Submit one electronic copy in PDF format; an electr i marked it will be returned. Create PDFs at native size and right -side up; illegible file ill be r B. Documents for Information: Submit one electronic copy. C. Documents for Project Closeout: Make elec reproducti'�s of sub tal i es originally reviewed. Include electronic files of any ub ttal,, for inforlrnation. Alt ha copies of Operational Manuals included with pw and eq t shout collected and retained for close out documentation. ` ��►` D. Samples: Submit the number sp in indivi ecifica s ctions; one of which will be retained by Architect. 1. After review, produce d (ies re or 'job s & veritic i 2. Retained samples will not be retur Co a u ess ccdfly so stated. Digital documentation of a r vided s will e ed. p 3.14 SUBMITTAL PROCE A. Transmit each suXttalllh pp vveed form ontrac rsrztnsmittal form. Transmittal shall be numbered sequentially ansed s� mit�lfs shouldncl�de original number and a sequential alphabetic ix. Transmitta(s11g11 includE'lis�f each specification section or sections that are in ti the VP i Scontentsl Send trasmitted submittal as one complete PDF; multiple files of be re ' i nd wyl need to be reassembled by Contractor. B. Identify Proje clitractor, S actor r supplier; pertinent drawing and detail number, and specifi�tio ctio C. Apply ontraitOr's stam , i ned o ills rtifying that review, approval, verification of Produ equired, fi di nsio ad cent construction Work, and coordination of inf is in aritttals nce with th cent of the Work and Contract Documents. D. hysica to Architect at business address. In some instances, larger physical samp es can rdinated to be delivered to the construction site, typically for use in a mock- up. _✓ E. Sched mittals to expedite the Project, and coordinate submission of related items. Nac "igher priority submittals first and provide date for anticipated return of submittal. F. A-o submittal for review, allow 15 days excluding delivery time to and from the Contractor. When large quantities of submittals are transmitted in a short time frame, review time may take longer. Mark high priority submittals on trasmittal to notify / assist in an expidited review. G. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. Any proposed change or deviation from Contract Document plans or specifications must be clearly noted and easily identifiable on the submittal. Any change must be identified and specifically requesting approval of proposed deviation by Architet or Engineer of Recod. Failure to follow this FAYONC22.00 Administrative Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 3000 - 5 09-19-2023 Roof Maintenance Page 215 of 948 requirement results in submitted deviation bearing the complete responsiblity of the contractor. H. Comments made in submittals by Architect or Engineer that change contract costs need to be submitted to Architect as a Potential Change Order for Claims for review and approval by Owner prior to the change to project scope. Failure to follow this requirement, whether a cost savings or cost increase, results in the submitted cost change bearing the complete responsibilty of the providing contractor. I. Provide space for Contractor and Architect review stamps. Submittals must be reviewed and stamped by Contractor, unstamped submittals will be not be reviewed and will be returned. J. Submittals to be as complete, comprehensive and accurate as possible. Include all components requested to be reviewed in Submittal section 1.03 of the specifications. Do not split up a single specification section into multiple submittals (ie product data, samples, shop drawings, etc.). Avoid grouping unrelated specifications sections together submittal K. Each submittals will only be reviewed two times; once for orginal revis tl n a seciplLp for a potential revised submittal. Any further additional reviews muste Genggr���' Contractor's explaination for their inablity to conform with require nditionalllfevl ,ws beyond aforementioned may have costs associated to complete a Tonal re ie��� L. When revised for resubmission, identify all changes made sinceyrevious " ion. Cloud all changes and revised details / notes. Addre II comment d/or que 'on osed in previous submission; lack of addressing all previous r comm a grou or rejections of submittal. Include previous reviewed su itt pages a er a last p e the new submittal information. • �` M. Distribute reviewed submittals asap late. In u parti qtp&,QpptIy report any inability to com I with re uirements.��P Y q � N. Submittals not requested will reco Vero P O a. 0 FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash Roof Maintenance Administrative Requirements 01 3000 - 6 09-19-2023 Page 216 of 948 3.15 AUTOCAD RELEASE FORM A. At your request, Witsell Evans Rasco, P.A. (WER) will provide electronic files for your convenience and use in the preparation of a bid or shop drawings related to Project: subject to the following terms and conditions. B. WER's electronic files are compatible with AutoCad as a dwg. file. WER makes no representation as to the compatibility of these files with your hardware or your software beyond the specified release of the referenced specifications. C. Data contained on these electronic files is part of WER's instruments of service and shall not be used by you or anyone else receiving this data through or from you for any purpose other than as a convenience in the preparation of bids or shop drawings for the referenced project. Any other use or reuse by you or by others, will be at your sole risk and without liability or legal exposure to WER. You agree to make no claim and hereby waive, to the f st extent permitted by law, any claim or cause of action of any nature against W is o icers, d' oo employees, agents or sub -consultants which may arise out of or in co cti ith yo of the electronic files. C D. Furthermore, you shall, to the fullest extent permitted by law, inde y nd h I less WER from all claims, damages, losses and expenses, including for ey's e a' g out of or resulting from your use of these electronic fit s. E. T D' a es mvp'�b'Een t between these electronic files and corresponding hard c py ntract►d u nts duedschange orders or other revisions. WER ma esenta �A� ardin racy or completeness of the electronic files eive. ven nflict arises between the signed contract documents prep WER a ctronic s, a signed contract documents shall govern. You aponsiblift ter n if ny c flict exists. By your use of these electronic files, you t reliev your d Ily COW . h the contract documents, including an t limita a ne eck, nd coordinate all dimensions and detail ield m ent , eld co o s and coordinate your work with that of o r ra tors e project. F. Because of the pot is t at e i atioQ ented on ctronic files can be modified, unintentionally or of rwise, reserves tight to r e all indications of its ownership and/or involvement fro each a ectroni�play G. WER will furnish yo e oilic files st of 1 per building floor or sheet, for the following: K `0 2. �v 3. A swv`o& of H. n lb circus bR and fitness for conseq a NE SIG,p:rW FAYONC22.00 10 shape mitted to WER prior to delivery of the electronic files. Jes shall delivery of the electronic files for use by you be deemed a sale 3kes no warranties, either express or implied, of merchantability and lar purpose. In no event shall WER be liable for any loss of profit or any WITSELL EVANS, RASCO PA CONTRACTOR NAME TITLE DATE: City of Fayetteville Water & Sewer + Recycling & Trash END OF SECTION ADDRESS PHONE NUMBER Administrative Requirements 01 3000 - 7 09-19-2023 Roof Maintenance Page 217 of 948 SECTION 01 3216 CONSTRUCTION PROGRESS SCHEDULE PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Preliminary schedule. B. Construction progress schedule, bar chart type. 1.02 SUBMITTALS A. Within 10 days after date of Agreement, submit preliminary schedule. B. Within 10 days after joint review, submit complete schedule. 1.03 QUALITY ASSURANCE A. Scheduler: Contractor's personnel or specialist Consultant specializin sched ZQth one years minimum experience in schedulingconstruction work of m xit c r e to this Project, and having use of computer facilities capable of deliv i detaile h c printout within 48 hours of request. 1.04 SCHEDULE FORMAT A. Listings: In chronological order according to 'art datei r�- ach actiy. 1 entify each activity with the applicable specification s cti number ` B. Diagram Sheet Size: Maximum 22 es. Pr Pectr i i in PDF format. PART 2 PRODUCTS - NOT USED G PART 3 EXECUTION J► 3.01 PRELIMINARY SCHEDULE �� • a► A. Prepare preliminary sc I in the f hori I liar ch ` 3.02 CONTENT A. Show complete se ence of on ion b vity, with �s br beginning and completion of each element of con truction. B. Identify each item by smcification sect' n mber. J► C. Provide sub-sched s to_lefine art a rtions ntire schedule. D. Include conferences meeti chedul E. Show accu percen omple i of each item, and total percentage of Work completed 4be fir each sn F. Provid epa to sch duls.eF sub ittal tes for shop drawings, product data, and samples, owrie r hed pr cts, product tified under Allowances, and dates reviewed submittals uire �q�hitect. Indicate decision dates for selection of finishes. V G. WIneliv�Pr tes for owner -furnished products. H. Provide I symbols and abbreviations used. 3.03 BAR CHAI% LK A. lui�a separate bar for each major portion of Work or operation. B. Ideri'lify the first work day of each week. 3.04 REVIEW AND EVALUATION OF SCHEDULE A. Participate in joint review and evaluation of schedule with Architect at each submittal. B. Evaluate project status to determine work behind schedule and work ahead of schedule. C. After review, revise as necessary as result of review, and resubmit within 10 days. 3.05 UPDATING SCHEDULE FAYONC22.00 Construction Progress Schedule City of Fayetteville Water & Sewer + Recycling & Trash 01 3216 - 1 09-19-2023 Roof Maintenance Page 218 of 948 A. Maintain schedules to record actual start and finish dates of completed activities. Revised schedules should show original baseline start and finish dates for activities in comparrison with actual work started and completed. B. Indicate progress of each activity to date of revision, with projected completion date of each activity. C. Annotate diagrams to graphically depict current status of Work. D. Identify activities modified since previous submittal, major changes in Work, and other identifiable changes. E. Indicate changes required to maintain Date of Substantial Completion. F. Submit reports required to support recommended changes. G. Provide narrative report to define problem areas, anticipated delays, and i pa on the schedule. Report corrective action taken or proposed and its effect. 3.06 DISTRIBUTION OF SCHEDULE �� •�' A. Distribute copies of updated schedules to Contractor's project site 1�1�, tasubco s, suppliers, Architect, Owner, and other concerned parties. B. Instruct recipients to promptly report, in writi roblems a ipated by roj ions indicated in schedules. END V TIO � •`O O G O ,Q P O a. 0 FAYONC22.00 Construction Progress Schedule City of Fayetteville Water & Sewer + Recycling & Trash 01 3216 - 2 09-19-2023 Roof Maintenance Page 219 of 948 SECTION 01 5000 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Temporary utilities. B. Temporary telecommunications services. C. Temporary sanitary facilities. D. Temporary Controls: Barriers, enclosures, and fencing. E. Security requirements. F. Vehicular access and parking. G. Waste removal facilities and services. H. Project identification sign. I. Field offices. V 1.02 TEMPORARY UTILITIES 40' A. Owner will provide the following: �[ 1. Electrical power , consisting of connecti to exis ti iIities. ` 2. Water supply, consisting of congeroti to exis ties. O B. Provide and pay for all lighting, hea cools ven r uired for construction purposes. C. Existing facilities may not be D. Use trigger -operated noz ater o av of 1.03 TELECOMMUNICATION CES A. Provide, maintain, for I co uni tions rvices be Id office at time of project mobilization. B. Provide telephone, cellular ph , and h-s ed inte nnection to jobsite. C. Provide on jobsite cap y ' Aviewin �inting sical copies of electronic versions of construction docum ts, Abmitte6k AS1, 1.04 TEMPORARY SA TA ACILI A. Provide an a in re sties aclosures. Provide at time of project mobilization. B. Maintain d it i clean nitary 1.05 BARRIER A. P i barriernt unauthorized entry to construction areas to prevent access to areas �� �D 4 ry t11�Cc)uld be I�-,�z� us to workers or the public, to allow for owner's use of site and to protect exi ng facili k d adjacent properties from damage from construction operations and demolitio B. Prov cades and covered walkways required by governing authorities for public rights-of- 1 kr public access to existing building. C. Pro ct non -owned vehicular traffic, stored materials, site, and structures from damage. 1.06 FENCING A. Provide 6 foot high fence around construction site; equip with vehicular and pedestrian gates with locks. B. Used material may be used for construction fence. Provide duplicate keys of any gate lock to Owner. Contractor to be responsible for maintainence of fence for duration of project. FAYONC22.00 Temporary Facilities and Controls City of Fayetteville Water & Sewer + Recycling & Trash 01 5000 - 1 09-19-2023 Roof Maintenance Page 220 of 948 1.07 SECURITY A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft. 1.08 VEHICULAR ACCESS AND PARKING A. Coordinate access and haul routes with governing authorities and Owner. B. Provide and maintain access to fire hydrants, free of obstructions. C. Provide means of removing mud from vehicle wheels before entering streets. D. Provide temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off -site parking. 1.09 WASTE REMOVAL A. Provide waste removal facilities and services as required to maintain t s it lean a orderly condition. ► B. Provide containers with lids. Remove trash from site periodically. C. If materials to be recycled or re -used on the project must be stored on -site, provide suitable non-combustible containers; locate containers holding flammabVmaterial outsider the structure unless otherwise approved by the authoritie ing jurisd D. Open free -fall chutes are not permitted. er ate cJ�os lutes int priate containers with lids. + `0 1.10 PROJECT IDENTIFICATION �►` G� O A. Provide project identification si psi n a c s ruc ' n a etailed b Architect. P 1 9 � Y B. Erect on site at location esta �b Ar t: y �� C. Project Identification Sign 1. One painted sig uare fe bot above�o�nd. 2. Content: n a. Project ti logo a rdlallof O indicatontract Documents. b. Names an titles othorities. c. Names and Vles of Architec neer. d. Name of Prirotltrac!94 �or V 3. Graphic Desig W Iors, St tterirlq hated by Architect/Engineer. D. Sign Material 9 #* 1. Structur Fram' woo turally adequate. 2. Sign 5u s: Ex de I 'th medium density overlay, minimum 3/4-inch *X,t darde esto ini a joints. �In . .nd Prim xterior q i two coats; sign background of color as selected. g:�r quality paint, contrasting colors as selected. E. tion: 1. Instal At identification signs within 15 days after date fixed by Notice to Proceed. 2. Er �'tcation directed by the Architect. 3. upports and framing on secure foundation, rigidly braced and framed to resist wind ings. ,4`Install signs surface plumb and level, with butt joints. Anchor securely. 5. Paint exposed surfaces of signs, supports, and framing. F. Maintenance: Maintain signs and supports clean, repair deterioration and damage. G. Removal: Remove signs, framing, supports, and foundations at completion of Project and restore the area. H. No other signs are allowed without Owner permission except those required by law. FAYONC22.00 Temporary Facilities and Controls City of Fayetteville Water & Sewer + Recycling & Trash 01 5000 - 2 09-19-2023 Roof Maintenance Page 221 of 948 1.11 FIELD OFFICES A. Office: Weathertight, with lighting, electrical outlets, heating, cooling equipment, and equipped with sturdy furniture, drawing rack, and drawing display table. B. Provide space for Project meetings, with table and chairs to accommodate 6 persons. C. Locate offices a minimum distance of 30 feet from existing and new structures. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash Roof Maintenance END OF SECTION Temporary Facilities and Controls 01 5000 - 3 09-19-2023 Page 222 of 948 SECTION 01 6000 PRODUCT REQUIREMENTS PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. General product requirements. B. Re -use of existing products. C. Transportation, handling, storage and protection. D. Product option requirements. E. Substitution limitations. F. Procedures for Owner -supplied products. G. Maintenance materials, including extra materials, spare parts, tools, a s e. 1.02 REFERENCE STANDARDS A. NFPA 70 - National Electrical Code Most Recent Edition Adopted Quori Jurisdiction, Including All Applicable Amendments and Supplem7ts. 1.03 SUBMITTALS A. Proposed Products List: Submit list of major roducts pyep d for u name of manufacturer, trade name, and mode, ber of e ct. O 1. Submit within 15 days after da reeme 2. For products specified only b e nce st a s, list le reference standards. B. Product Data Submittals: Sub nufactttand ' uubli ed a. Mark each copy to identify applicable products, s, optio an ufactOp6r3arranties other data. Supplement manufacturdard d rovid nipMatio ' o this Project. C. Shop Drawing Submits "rCepare�I icallA'cation Project; i to utility and electrical characteristics, uti ection r ments, atili outlets for service for functional equipme and ap ianG� 6 D. Sample Submittals: Illustrate functional and�heticteristics of the product, with integral parts and attackment devices. o inate sa submittals for interfacing work. 1. For selection f��QQ nhrd finis submit s es of the full range of the manufacturer's.Ndard colors l*t ture a terns. PART 2 PRODUCTS 2.01 EXISTING PR A. Do not se rials an�ipm e�from existing premises unless specifically regL4r, permitte y Contract ocents. B. ateriquipment indicated to be removed, but not to be re -used, relocated, r i s lied, de 'vl?�Io the Owner, or otherwise indicated as to remain the property of the Ow er, bec e property of the Contractor; remove from site. C. use �ts: Reused products include materials and equipment previously used in this or other uction, salvaged and refurbished as specified. 2.02 NEV;y'� UCTS A. Pro a new products unless specifically required or permitted by Contract Documents. B. Use of products having any of the following characteristics is not permitted: 1. Made of wood from newly cut old growth timber. C. Where other criteria are met, Contractor shall give preference to products that: 1. If used on interior, have lower emissions. 2. If wet -applied, have lower VOC content. 3. Are extracted, harvested, and/or manufactured closer to the location of the project. FAYONC22.00 Product Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 6000 - 1 09-19-2023 Roof Maintenance Page 223 of 948 4. Have longer documented life span under normal use. 5. Result in less construction waste. 6. Are made of recycled materials. 7. Are Cradle -to -Cradle Certified. 8. Have a published GreenScreen Chemical Hazard Analysis. D. Provide interchangeable components of the same manufacture for components being replaced. 2.03 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutio allowed. C. Products Specified by Naming One or More Manufacturers with a Provi ' for ubstitu Submit a request for substitution for any manufacturer not named. , 2.04 MAINTENANCE MATERIALS A. Furnish extra materials, spare parts, tools, and software of types Qn qua s ecified in individual specification sections. B. Deliver to Project site; obtain receipt prior to ayment� 2.05 WARRANTY A. For all products, where no specific y�� warran lord a identified, provide no less than manufacturer's standard` y for pr du ine f grade specified. PART 3 EXECUTION J► 3.01 SUBSTITUTION LIMITATIONS A. See Section 01 2500 - S s ution Pr es. 3.02 OWNER -SUPPLIED P A. Owner's Res onsi p O 1. Arrange for an deliver (Cwn)Jr reviewe *p drawiroduct data, and samples, to Contractor. _ `V 2. Arrange and pay rciluct de' site. 3. On delivery, in ect odu tS ' t with C t' r. 4. Submit claimsVFVansport amag place damaged, defective, or deficient items. 5. Arrannor anuf �arr1 spections, and service. ' n�s�i B. Contra ors ponsibi e 1. ♦ w wner viewed sho dra ings, product data, and samples. Notify Owner and ect i ly if supplie roduct affects installed final work. ceive a ad products at site; inspect for completeness or damage jointly with wner. 3. Hand e, install and finish products. 4. R i r replace items damaged after receipt. 3.03 TRA NTION AND HANDLING A. a ge products for shipment in manner to prevent damage; for equipment, package to avoid loss of factory calibration. B. If special precautions are required, attach instructions prominently and legibly on outside of packaging. C. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials. D. Transport and handle products in accordance with manufacturer's instructions. FAYONC22.00 Product Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 6000 - 2 09-19-2023 Roof Maintenance Page 224 of 948 E. Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas. F. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged. G. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage, and to minimize handling. H. Arrange for the return of packing materials, such as wood pallets, where economically feasible. 3.04 STORAGE AND PROTECTION A. Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication. See Section 01 7419. B. Store and protect products in accordance with manufacturers' instructs�Si C. Store with seals and labels intact and legible. D. Store sensitive products in weathertight, climate -controlled enclos s i an env' nt favorable to product. E. For exterior storage of fabricated products, p`l�ce on sloped pports ab ve und. F. Provide off -site storage and protection when I e-does n it on-s' rage or protection. G. Protect products from damage or deter due • uction ons, weather, precipitation, humidity, temperature 1 ht and et li t, ust, and other contaminants. � _ H. Comply with manufacturer's w n con it any. I. Cover products subject to ration ervi prevent condensation an e radatio duct J. Store loose granul rP1 t�ia on fl t surfa wellq foreign matter. ' K. Prevent contact with ateria at nay caus c rosi L. Provide equipment an ersonnel to sttroducts I disfigurement, or da C • M. Arrange storage of I s to 1 I cesN^a2' products are a ged and il�intaine �ND CTION Ci 5 FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash 01 6000 - 3 ide ventilation to Prevent mixing with iration, or staining. s to prevent soiling, Periodically inspect to verify condition. Product Requirements 09-19-2023 Roof Maintenance Page 225 of 948 SECTION 01 7000 EXECUTION AND CLOSEOUT REQUIREMENTS PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Examination, preparation, and general installation procedures. B. Requirements for alterations work, and selective demolition. C. Pre -installation meetings. D. Cutting and patching. E. Surveying for laying out the work. F. Cleaning and protection. G. Closeout procedures, including Contractor's Correction Punch List, exent (4n procedures. 1.02 REFERENCE STANDARDS A. NFPA 241 - Standard for Safeguarding Construction, Alteration,snd em i rations 2022, with Errata (2021). 1.03 SUBMITTALS A. See Section 01 3000 - Administrative,,, uire ent mittal pro ce res. B. Survey work: Submit name, addre teleph ber f urveyor before starting survey work. 1. On request, submit docu t 'on veri 11 Ccura&7of s eykrk.2. Submit a copy of site dr y�� signe e Lan or, thptlevations and locations of the wor l�com li a6ith o r t�ocu p 3. Submit surveys a ey log pro'e d. C. Cutting and Patch mit wri a quest in adAnce of ing or alteration that affects: 1. Structural inte ity o a el t of 2. Integrity of wea her exp r moistur sistantjnt. 3. Efficiency, mainte ance, or safety4f Vy operat' dement. 4. Visual ualitie o s tlax ose elements. q p 5. Work of Owne�eparat �ltractor. G yyyy�r� `✓ 1.04 QUALIFICATIONz 0 � A. For surveying wor , ern suNrors gistered in the State of Arkansas and acceptable to Architect. Submit ev c of surveN and Omissions insurance coverage in the nce form of Insuraertl�FiEate. Emplq my individual(s) trained and experienced in c01116 d rec accurate data relevant to ongoing construction activities. 1.05 PR ONDI�Q A. Usf ex I i not permitted. B. Ventilat c ed areas to assist cure of materials, to dissipate humidity, and to prevent accu of dust, fumes, vapors, or gases. 1.06 C09RDI ION A. CoNinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Notify affected utility companies and comply with their requirements. C. Verify that utility requirements and characteristics of new operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent FAYONC22.00 Execution and Closeout Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 7000 - 1 09-19-2023 Roof Maintenance Page 226 of 948 responsibilities for installing, connecting to, and placing in service, such equipment. D. Coordinate space requirements, supports, and installation of mechanical and electrical work that are indicated diagrammatically on drawings. Follow routing indicated for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. E. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. F. Coordinate completion and clean-up of work of separate sections. G. After Owner occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of Owner's activities. PART 2 PRODUCTS C) A� 2.01 PATCHING MATERIALS A. New Materials: As specified in product sections; match existing p d s and wor�atching and extending work. V B. Type and Quality of Existing Products: Determine by inspecting,lnd testin Acts where necessary, referring to existing work as a st . ` C. Product Substitution: For any proposed chaln�ekin mat ubmit r t for substitution described in Section 01 6000 - ProdV t�gurremer>�` O PART 3 EXECUTION 11, V" 3.01 EXAMINATION A B D E F 3.02 P rr��Verify that existing site conditions and sut e urfa accepA or subsequent work. Start of work means acceptance of exi nditio � 0 Verify that existing sub tr t%is capa e fi ruc r ort or IN of new work being pp a lied or attache Examine and verify peci rc ndi des" es n indivi cification sections. Take field measurements bef onfirm' g plllfiuct or beginning fabrication, to minimize waste due to over-ord'ng �misfabri ti► Verify that utility se es �lre ava' t the coaracteristics, and in the correct locations. Prior to Cuttin amine onditio pri to commencing work, including elements subject to damag or morE�E un g and patching. After uncovering existing work, assess conditions affectingrfor ork. Beginning of cutting or patching means � � 9 g 9 p g acceptbe of'existirkconditions. EPAR�► . A A. 01Var�lsubstr AN.IffIces prior to applying next material or substance. B. Seal crac enings of substrate prior to applying next material or substance. C. Apply riFacturer required or recommended substrate primer, sealer, or conditioner prior to a��I� y new material or substance in contact or bond. 3.03 PRENT LATION MEETINGS A. When required in individual specification sections, convene a preinstallation meeting at the site prior to commencing work of the section. B. Require attendance of parties directly affecting, or affected by, work of the specific section. C. Notify Architect four days in advance of meeting date. D. Prepare agenda and preside at meeting: FAYONC22.00 Execution and Closeout Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 7000 - 2 09-19-2023 Roof Maintenance Page 227 of 948 1. Review conditions of examination, preparation and installation procedures. 2. Review coordination with related work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made. 3.04 LAYING OUT THE WORK A. Verify locations of survey control points prior to starting work. B. Promptly notify Architect of any discrepancies discovered. C. Protect survey control points prior to starting site work; preserve permanent reference points during construction. D. Promptly report to Architect the loss or destruction of any reference point or relocation required because of changes in grades or other reasons. E. Replace dislocated survey control points based on original survey con I. e no c NaQ without prior written notice to Architect. F. Utilize recognized engineering survey practices. G. Establish elevations, lines and levels. Locate and lay out by inst i e tat ilar appropriate means: 1. Site improvements including pavement i�� es for g g, fill anc Q )Soil placement; utility locations, slopes, and invert a vans. O O 2. Grid or axis for structures. 1.` 3. Building foundation, column locations, and g oor a tior�. H. Periodically verify layouts by sarye ns. I. Maintain a complete and acc * og of ,I�fid s ork as it resses. 3.05 GENERAL INSTALLATION ICE I EMEN ` A. Install products as sp i individ�al�cectio i ordance t manufacturer's instructions and r dation so as to a waste e t necessity for replacement. B. Make vertical elem is plum an�izont ents le ess otherwise indicated. C. Install equipment and fittings Pe b an vel, neatly li !'with adjacent vertical and horizontal lines, unlessher�vise ind' D. Make consistent tex orTsurf c� se m nsitions, unless otherwise indicated. E. Make neat tra do betwee nt surfacc aintaining texture and appearance. 3.06 ALTERATION A. Drawin6ssh exist c nstrilities are based on casual field observation and g u i*aexistinor docu nts nly.1.that cGtion and ut arrangements are as indicated. port di Icies to Architect before disturbing existing installation. 3/eginnir��►alterations work constitutes acceptance of existing conditions. B. Remove ekisVT work as indicated and as required to accomplish new work. 1. R� 2ate items indicated on drawings. e items indicated on drawings. ere new surface finishes are to be applied to existing work, perform removals, patch, nd prepare existing surfaces as required to receive new finish; remove existing finish if necessary for successful application of new finish. 4. Where new surface finishes are not specified or indicated, patch holes and damaged surfaces to match adjacent finished surfaces as closely as possible. C. Services (Including but not limited to HVAC, Plumbing, Fire Protection, Electrical, and Telecommunications): Remove, relocate, and extend existing systems to accommodate new FAYONC22.00 Execution and Closeout Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 7000 - 3 09-19-2023 Roof Maintenance Page 228 of 948 construction. 1. Maintain existing active systems that are to remain in operation; maintain access to equipment and operational components; if necessary, modify installation to allow access or provide access panel. 2. Where existing systems or equipment are not active and Contract Documents require reactivation, put back into operational condition; repair supply, distribution, and equipment as required. 3. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service. a. Disable existing systems only to make switchovers and connections; minimize duration of outages. j b. Provide temporary connections as required to maintain existing sin ser�Cpe� 4. Verify that abandoned services serve only abandoned facilities. 5. Remove abandoned pipe, ducts, conduits, and equipment, incluTlixthose abo 0 accessible ceilings; remove back to source of supply where s ble, therwi c stub and tag with identification; patch holes left by removal using Is s e ' r new construction. D. Protect existing work to remain. 1. Prevent movement of structure; providng and g if ne ary. 2. Perform cutting to accomplish remo als atly an aecified r ting new work. 3. Repair adjacent construction s dam ��,urin a work. E. Adapt existing work to fit new work: as n smo 1ion as possible. F. Patching: Where the existing s a is not i d to refin hed,6ath to match the surface finish that existed pri r utting. W e the is indiWatbe refinished, patch so that the substrat dy for t1i1 ge* finis G. Refinish existing surfa indicatSte, �9 1. Where room es are ' to be r fished, r nis all visible existing surfaces to remain to t spe ifi o on for material h neat transition to adjacent finishes. 2. If mechanical or electrical work issed acci n during the work, re-cover and refinish to match. H. Clean existing syste equI. Remove dem ' 'o e:nd s an oned ' em rom alterations areas and dispose of off -site; do not bur ► b a . J. Do not `be in �okv cons i in a gal eas before demolition is complete. K. Compl Ndh a1I other&pglicable r uiA ents of this section. 3.07 CUT]v%pe'QD PA A. �V ver p execute the work by methods that avoid cutting or patching. B. See Alter rticle above for additional requirements. C. Perfor ever cutting and patching is necessary to: 1 0 lete the work. . Fi products together to integrate with other work. 3. rovide openings for penetration of mechanical, electrical, and other services. 4. Match work that has been cut to adjacent work. 5. Repair areas adjacent to cuts to required condition. 6. Repair new work damaged by subsequent work. 7. Remove samples of installed work for testing when requested. 8. Remove and replace defective and non -complying work. FAYONC22.00 Execution and Closeout Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 7000 - 4 09-19-2023 Roof Maintenance Page 229 of 948 3.08 3.09 D. Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition. E. Employ original installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. F. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. G. Restore work with new products in accordance with requirements of Contract Documents. H. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. I. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely seal voids with fire rated material in accordance with Section 07 8400, to full thicknes�df t�e penet element. �0 J. Patching: 1. Finish patched surfaces to match finish that existed prior to t On co u s surfaces, refinish to nearest intersection or natural break. For asse I ish entire unit. 2. Match color, texture, and appearance., �-//�� � 3. Repair patched surfaces that are damaged, lifted, d�it�d1►ed, or s ing other imperfections due to patching work. f de cts aye (u conditi ubstrate, repair substrate prior to repairing fini It. �` O PROGRESS CLEANING G A. Maintain areas free of waste m s debri n rubb' Mtain 'te in a clean and order) condition. • B. Remove debris and rubb' pipe c ple u s� cs, c I es, and other closed or remote spaces, prio losing ce. C. Broom and vacuu inter' r rr prio to sta f surf a inis ing, and continue cleaning to eliminate dust. �V/ ��►► D. Collect and remove waste ma Is, de s, trash/ from site periodically and dispose off -site; do not urn •oar bury. K PROTECTION OF INS L WO A. Protect install edwo m da� constr i operations. B. Provide C. Provide t work 4arD.JEe E. avy F. Prohibit) neceMe, ve G. e 3.10 ADJUSTING ual specification sections. installed products. Control activity in immediate ections, jambs, sills, and soffits of openings. W, stairs, and other surfaces from traffic, dirt, wear, damage, or movement l,,b protecting with durable sheet materials. r storage upon waterproofed or roofed surfaces. If traffic or activity is in recommendations for protection from waterproofing or roofing material protective coverings when no longer needed; reuse or recycle coverings if possible. A. Adjust operating products and equipment to ensure smooth and unhindered operation. 3.11 FINAL CLEANING A. Use cleaning materials that are nonhazardous. FAYONC22.00 Execution and Closeout Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 7000 - 5 09-19-2023 Roof Maintenance Page 230 of 948 B. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. C. Remove all labels that are not permanent. Do not paint or otherwise cover fire test labels or nameplates on mechanical and electrical equipment. D. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. E. Clean filters of operating equipment. F. Clean debris from roofs, gutters, downspouts, scuppers, overflow drains, area drains, and drainage systems. G. Clean site; sweep paved areas, rake clean landscaped surfaces. H. Remove waste, surplus materials, trash/rubbish, and construction faciH s the sit ,� dispose of in legal manner; do not burn or bury. 3.12 CLOSEOUT PROCEDURES o' A. Make submittals that are required by governing or other authorities. v B. Accompany Project Coordinator on prelimin inspection tg¢4etermine ' `e listed for completion or correction in the Contractor's tion Purl iNst for C actor's Notice of Substantial Completion. C. Notify Architect when work is consi dy for Oct's a ial Completion inspection. D. Submit written certification contn 11p ontra orre n ch L6tt, hat Contract Documents have been reviev(2d, work ha n nsp d that ws complete in accordance with Contract uments a y for r i s S sCompletion inspection. E. Conduct Substant' Cfle ion i ion and c e Final &Orre on Punch List containing Architect's and Co lrs p nsiv t f items ide fi to be completed or corrected and submit to Archit ct. F. Correct items of work li ted in Final Coon Punc i d comply with requirements for access to Owner-occu$ atgas. G. Notify Architect whe rk is co finato and ready for Architect's Substantial Completion fi in c ion. ` H. Complete i so ork d by ect listed in executed Certificate of Substantial Completio n eac com ve each item initialled by Project Superintendent and dat a w comgI t nclu in tect closeout documentation. ` ` E F SECTION140 FAYONC22.00 Execution and Closeout Requirements City of Fayetteville Water & Sewer + Recycling & Trash 01 7000 - 6 09-19-2023 Roof Maintenance Page 231 of 948 SECTION 01 7800 CLOSEOUT SUBMITTALS PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Project Completion Documents. B. Project Record Documents. C. Operation and Maintenance Manuals. D. Warranties and bonds. 1.02 SUBMITTALS A. Close Out Document Manuals: All information to be scanned to digital ford subm Architect. Retain all hard copies for one complete set for the Owner. Q t mplete' the following: 1. Project Completion Documents: 2. Project Record Documents: 3. Operation and Maintenance Manuals: B. Final Application for Payment: Submit fully uted PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 PROJECT COMPLETION DOCUMEN A. Project Directory: Include list o ntract ner,.4white En 6'ineern%Subcontractor and prime material suppliers. o inclu inv imary ctme,phone number, mailing address ail add B. Waiver of Liens: Provi II tradd rim a supp ` C. Warranties: Sub tracto i i9Ilation war ty, ma ct er's warranties and warranties for equi ent or m t pai quipme panty begins on the date of acceptance 1. Submit for contra tors installation 4ftanty, ma f rer's warranties and warranties for equipment or con e�,t parts iprni 2. Warranties ben e D t bstanti letion, unless delayed or specifically excluded. Pit 3. For item for ceptan is layed beyond the Date of Substantial Com o r(ork lis of agce is the beginning of the warranty period. 4. V rify t ocum a in form, contain full information, and are notorized. 5. In riginallof a ch in o era n and maintenance manuals, indexed separately on �T I of (.nnfs�nf� D. Ni ate oF ial Completion: Provide fully executed form with punch list attached. E. Cog o ractor't:Provide completed list of items requiring completion or correction. Includeants for revisions provided by Architect and/or Engineer. Punch list should be noli�EjJl'�'t all items were corrected and completed with trade responsible identified. F. rti e of all Provide form as issued for authority having jurisdiction. G. ConSent of Surety: Provide fully executed surety letter when project has associated bonds provided by contractor. 3.02 PROJECT RECORD DOCUMENTS A. Record Drawings : Legibly mark construction drawings with each item to record actual construction including the following: 1. Measured depths of foundations in relation to finish first floor datum. FAYONC22.00 CLOSEOUT SUBMITTALS City of Fayetteville Water & Sewer + Recycling & Trash 01 7800 - 1 09-19-2023 Roof Maintenance Page 232 of 948 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract drawings. 6. Changes made by Addenda and Change Orders. 7. Record information concurrent with construction progress. B. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda, Change Orders and other modificatio C. Addenda: Insure all addenda items have been includes and posted t or docum t&► D. Change Orders: Include all executed Change Orders, Allowanceses and r modifications to the contract. E. Submittals, Shop Drawings, Product Data and Samples: 1. Shop Drawings: Include records of ma4lnfacturer's in�.Nltion for ce y, installation and adjusting. 2. Product Data: Include list of all products and n mber pf�. 3. Samples: Include material samples of all sel terio , Samples to include label indicating manufacturer, product mod I u er, cfiw and other identifying elements. Full color photographs�are aca for argeVamples. F. Test Reports and Special Inions: G. Maintain on site a com I Tof recor me s o act �T6 p � �e � ns to the Work:� H. Ensure entries are cond ac a , ena re r ere y Owner. 1. Store record docu p o doc e is used for o truction. J. Record information loncurre wi constr curprogres 3.03 OPERATION AND MAINT&NANwCE MAN ENERAI�► A. Source Data: For e h pIIPdUct of, s s , list n ddresses and telephone numbers of Subcontractors andpliers, i local of supplies and replacement parts. B. Product Data: each early i nti specific products and component parts, and data applicable to stal lete*i able information. C. DrawinjLs: Supolement b ct d JilSt to relations of component parts of equipment and systemd, to show co of and flow iag ms. Do not use Project Record Documents as ntenance dr D. e Text: A9 red to supplement product data. Provide logical sequence of instructions for ch proc%e, incorporating manufacturer's instructions. 3.04 OPERATIOUMb MAINTENANCE DATA FOR MATERIALS AND FINISHES A. Fo FaCI(Toduct, Applied Material, and Finish: pkFpduct data, with catalog number, size, composition, and color and texture designations. 2. Ninformation for re -ordering custom manufactured products. B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods, precautions against detrimental cleaning agents and methods, and recommended schedule for cleaning and maintenance. C. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products. FAYONC22.00 CLOSEOUT SUBMITTALS City of Fayetteville Water & Sewer + Recycling & Trash 01 7800 - 2 09-19-2023 Roof Maintenance Page 233 of 948 3.05 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A. Provide schedule of all equipment that require instruction on operation and/or continual maintenance. Coordinate instruction for all equipment with Owner and/or Owner's Representative and record name and contact information of all in attendance. Video recording of instructions provided is recommended. B. For Each Item of Equipment and Each System: 1. Description of unit or system, and component parts. 2. Identify function, normal operating characteristics, and limiting conditions. 3. Include performance curves, with engineering data and tests. 4. Complete nomenclature and model number of replaceable parts. C. Where additional instructions are required, beyond the manufacturer's stan d printed instructions, have instructions prepared by personnel experienced in the o era n and maintenance of the specific products. !, 'S n D. Panelboard Circuit Directories: Provide electrical service charactVLl sntrols 75 communications; typed. � ; E F G H Operating Procedures: Include start-up, break-in, and routine and sequences. Include regulation, control, topping, shut -do Include summer, winter, and any special op r instru o Maintenance Requirements: Include rou ne ocedwe. a maintenance and trouble shooting; qiS bly, re*ii, d rE alignment, adjusting, balancing, anc}checking ins4tmc nns. d Provide servicing and lubr Include manufacturer's pri I. Include sequence of opera J. Provide original manuc required for maint K. Additional Require nts: 3.06 CLOSE OUT DOCUMENT_M/ A. B. C. D. E. F. G. Provide all Close ( ease of navigation provide file for at Where paper include in HarM Vai-opeririqA.inwuctions , and epee _ ncy instructions. ✓entative structions; and aired. nb. , and diagrams cation sections. ld"in PDF files, and neatly organized for as Table of Contents. Architect can ufacturers, scan into records and combine and inch three D side ring binders with durable plastic multiple binders are used, correlate data into related CCVr Ident h binder with typed or printed title OPERATION AND MAINTENANCE INSTRUC , identify title of Project; identify subject matter of contents. Divider vide tabbed dividers for each separate product and system; identify the contents o d er tab; immediately following the divider tab include a description of product and or mponent parts of equipment. Text. Manufacturer's printed data, or typewritten data on 24 pound paper. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. H. Arrange content by systems under specification section numbers and sequence of Table of Contents of this Project Manual. FAYONC22.00 CLOSEOUT SUBMITTALS City of Fayetteville Water & Sewer + Recycling & Trash 01 7800 - 3 09-19-2023 Roof Maintenance Page 234 of 948 I. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, in three parts as follows: 1. Operating instructions. 2. Maintenance instructions for equipment and systems. 3. Maintenance instructions for special finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents. 4. Air and water balance reports. 5. Certificates. 6. Photocopies of warranties and bonds. J. Provide a listing in Table of Contents for design data, with tabbed dividers and space for insertion of data. K. Table of Contents: Provide title of Project; names, addresses, and telephore numbers Architect , Consultants, and Contractor with name of responsible partie , se ule of p and systems, indexed to content of the volume. L. Arrange digital PDF copies of documents in similar fashion using fire rs. Na a ype with simple explanation of contents using shortest file names type possible. o igital files on flash USB drives. M. Provide owner training videos saved electrA41114and tra ted in U dri s. Provide sign - in sheets for all attendees for Owner Training essions Vcrude in uts. END *CTIONN O � G ,Q P O a. 0 FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash Roof Maintenance CLOSEOUT SUBMITTALS 01 7800 - 4 09-19-2023 Page 235 of 948 SECTION 02 4100 DEMOLITION PART 1 GENERAL V.22 1.01 SECTION INCLUDES A. Selective demolition of building elements for alteration purposes. 1.02 RELATED REQUIREMENTS A. Section 01 1000 - Summary: Limitations on Contractor's use of site and premises. B. Section 01 5000 - Temporary Facilities and Controls: Site fences, security, protective barriers, and waste removal. C. Section 01 7000 - Execution and Closeout Requirements: Project conditio protection of bench marks, survey control points, and existing construction to remain st lation ofn removed products; temporary bracing and shoring. 1.03 REFERENCE STANDARDS A. 29 CFR 1926 - Safety and Health Regulations for Construction Cur t Editi n' V B. NFPA 241 - Standard for Safeguarding Construction, Alteration,49nd Demo perations 2022, with Errata (2021). PART 2 PRODUCTS -- NOT USED PART 3 EXECUTION 3.01 SCOPE G A. Removal and replacement of alh�x gsed fa r . B. removal and cleaning of al C. No demolition to be 3.02 GENERAL PROCEDL9 liqui d fa prov Archi �9wner D'PR ONDI S X A. Comply with applicye code an ulati r demoliti rations and safety of adjacent structures and the public. 1. Obtain required p rmits. 2. Take precautionsre►Yent ca is or u Iled collapse of structures to be removed; don to wort blic hin range of potential collapse of unstable struct 3. Provide, r and m m ora barers and securit devices. pY 4. Cond c I� tion ize p n and interference with adjacent structures and occu a P 5. Do not c o's or st t roa ay o sidewalks without permit. 6. Conduct operas to minima struction of public and private entrances and exits; do c /mot obstru�t�ired exits at any time; protect persons using entrances and exits from emoval tions. 7. Obtai n permission from owners of adjacent properties when demolition equipment wi a se, infringe upon or limit access to their property. B. D n< in removal until receipt of notification to proceed from Owner. C. c existing structures and other elements that are not to be removed. 1. rovide bracing and shoring. 2. Prevent movement or settlement of adjacent structures. 3. Stop work immediately if adjacent structures appear to be in danger. 3.03 EXISTING UTILITIES A. Coordinate work with utility companies; notify before starting work and comply with their requirements; obtain required permits. FAYONC22.00 Demolition City of Fayetteville Water & Sewer + Recycling & Trash 02 4100 - 1 09-19-2023 Roof Maintenance Page 236 of 948 B. Protect existing utilities to remain from damage. C. Do not disrupt public utilities without permit from authority having jurisdiction. D. Do not close, shut off, or disrupt existing life safety systems that are in use without at least 7 days prior written notification to Owner. E. Do not close, shut off, or disrupt existing utility branches or take -offs that are in use without at least 3 days prior written notification to Owner. F. Locate and mark utilities to remain; mark using highly visible tags or flags, with identification of utility type; protect from damage due to subsequent construction, using substantial barricades if necessary. G. Remove exposed piping, valves, meters, equipment, supports, and foundations of disconnected and abandoned utilities. C)`^ 3.04 SELECTIVE DEMOLITION FOR ALTERATIONS �`� A. Drawings showing existing construction and utilities are based on al Id of drfand existing record documents only. 1. Verifythat construction and utility arrangements are as indicate Y g 2. Report discrepancies to Architect before disturbing existingAstallatio 3. Beginning of demolition work constitutes a%eptance gNisting c itio that would be apparent upon examination prior to startVg demoli ' B. Protect existing work to remain. . �O 1. Prevent movement of structur � e shor' bracing if necessary. 2. Perform cutting to accomplibvals ne d as specified for cutting new work. 3. Repair adjacent constructi d finish �Aage ring work. 4. Patch as specified for p�f�i g new �� �/ 3.05 DEBRIS AND WASTE REM v `�+ ♦VV"" A. Remove debris, ju k, d�h fro e. B. Leave site in clean n d'a sub nt work. C. Clean up spillage an wind-b�Wdebris fror iblic a to lands. ENDK%ECTIO► •p Cl nJ !S� IV''�� 6 G FAYONC22.00 Demolition City of Fayetteville Water & Sewer + Recycling & Trash 02 4100 - 2 09-19-2023 Roof Maintenance Page 237 of 948 SECTION 07 5600 LIQUID APPLIED FLASHING PART1 GENERAL 1.01 SECTION INCLUDES: A. This section specifies all labor, materials, transportation, equipment, and services necessary to install KARNAK's 502 RC-W Elasto-Kote SEBS Thermoplastic Rubber Metal Roof Repair System. 1.02 REFERENCES: A. Factory Mutual (FM Global) - Approval Guide B. American Society for Testing and Materials (ASTM) - Annual Book of AST tandards C. National Roofing Contractors Association (NRCA) D. American Society of Civil Engineers (ASCE) 1 1.03 DEFINITIONS: n, A. RoofingTerminology: Refer to ASTM D1079 and the glossary of thelllation I Roofin 9Y 9 rY a g Contractors Association (NRCA) Roofing and Waterproofing Ma►tal for definitions of roofing terms related to this section. 1.04 PERFORMANCE REQUIREMENTS: A. Provide an installed roof coating th t perm •ass e er. B. Manufacturer shall provide all prim ting ri s that ically and chemically compatible when installed in ac e with actur 's c ent a plication requirements. V 1.05 SUBMITTALS: A. Provide product data she s r eeach t prod t a ed i ion. B. Provide manufacturer' srd d s nd ap hop ra for the specified system. C. Installer shall provi n ocu tatiordoin the manuf c er of their authorization to install the system, a d eligibi y tgobtain the-rnfanty spin this section. D. Certification showing f�II-time quality cc�Kll�l of produ i iTcilities and that each batch of material is tested to enjt a agnform �,vi�h the cturer's published physical properties. E. Manufacturer's certi ion that lI proo kn m products meet current Volatile Organic Compounds (VOC gulationVOIN ablished e State in which they are being installed; and stating total C cont�t,ms pe 'ter, or all system components (i.e., primers, adhesives,1c ti s, et 1.06 QUALITY SU NCE: i A. Marfuf5cturer's Qtions: Man urer shall demonstrate qualifications to supply materials of this section &Oacturer ying the following: 1. 6ating must show evidence that the specified coating has been �manufa d by the same organization or direct affiliate for fifteen (15) years. 2. Coati anufacturer shall have available an in-house technical staff to assist the ontw�►cI or, when necessary, in application of the products and final inspection of the ss *fnbIy. B. Ins er's Qualifications: The Contractor shall demonstrate qualifications to perform the work of this Section by submitting the following documentation: 1. Certification or license by the waterproofing membrane manufacturer as a trained applicator of the product the installer intends to use. C. Source Limitations: All components listed in this section shall be provided by a single manufacturer or approved by the primary coating manufacturer. D. Final Inspection FAYONC22.00 Liquid Applied Flashing City of Fayetteville Water & Sewer + Recycling & Trash 07 5600 - 1 09-19-2023 Roof Maintenance Page 238 of 948 1. Manufacturer's representative shall provide a comprehensive final inspection after completion of the coating system. All application errors must be addressed, and the final punch list completed. 1.07 PRE -INSTALLATION CONFERENCE: 1.08 1.09 1.10 A. Prior to scheduled commencement of the coating installation and associated work, conduct a meeting at the project site with the installer, architect, owner, manufacturer's representative, and any other persons directly involved with the performance of the work. The installer shall record conference discussions to include decisions and agreements reached (or disagreements) and furnish copies of recorded discussions to each attending party. The main purpose of this meeting is to review foreseeable methods and procedures related to waterproofing work. REGULATORY REQUIREMENTS: A. All work shall be performed in a safe, professional manner, conformin era,, s I local codes. B. All coating system components shall meet current VOC regulatiotablish t e State in which they are being installed; and stating total VOC content, in g ms p all system components (i.e., primers, adhesives, coatings, etc.) DELIVERY, STORAGE AND HANDLING: 0 A. Deliver all coating materials to the site in rigillal contai ei lvith fact Is intact. Store all pail goods in their originalVk specified temperature range. Do not expose materials to moisiii% any f Reject delivery of materials that show evidQ! B C D E Remove manufacturer supplied plastic "breathable" type covers such as canvas Pii weather and mois e. Cover and protVt mE any protective tarpaulins until imm dj' tely Materials shall be stored abol�5O°F (10°C) location within their delivery to the site. RLeN',%Kfi such. Use fftcl protection from W workday. Do not remove be installed. ours prior to application. PROJECT CONDITIONS: V. A. Weather: � 1. Proceed with c g only �5cistin r�recasted weather conditions permit. 2. Coating " humiYleVe temp ►r�uJ��s 3. It l recdl ME io�Oof whe amP�ent temperatures are above 50°F (10°C), arlow ovided the ambient air and substrate ire 5; v the dew point. w d d tlwl�over ght peratures be above 40°F (10°C) when applying the onsult withN4&Aanufacturer for cold weather installation procedures peratures are expected to fall below the minimums established herein. ve the coating shall be free from visible water, dew, frost, snow, and ice. �ating should be conducted in well ventilated areas. N9ce life, do not expose coating to a constant temperature below -58°F (-50°C) or in 76°F (80°C) (i.e., hot pipes and vents or direct steam venting, etc.). A. Provide contractor's 2-year labor warranty and manufacturer's 10 year material warranty. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURER: A. KARNAK 1. 330 Central Avenue Clark, NJ 07066 - 800-526-4236 Fax 732-388-9422 • www.karnakcorp.com FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash 07 5600 - 2 Roof Maintenance Liquid Applied Flashing 09-19-2023 Page 239 of 948 2. Substitutions: See Section 01 6000-Product Requirements. 2.02 PRODUCTS: A. 502MS Karna-Flex (Karns -Flex): A single component, SEBS thermoplastic rubber sealant for use in sealing seams, around penetrations and fasteners. Karna-Flex has superior adhesive and cohesive strength and forms a durable, water-resistant membrane. It's specially selected polymer blend imparts superior low temperature flexibility. a. Weight per Gallon: 9.48 lbs. b. Solids by Weight: 66%, Nominal c. Solids by Volume: 57%, Nominal d. Color: White, Black, Gray e. Elongation: 913%, Nominal ASTM D 412 f. Tensile Strength: 168 PSI, Nominal ASTM D412 g. Reflectance: D 28 h. ASTM D 2824 (White) i. Accelerated j. Weathering: Pass/No Cracks - ASTM G155 after 1,000 o' k. Firm Set: Pass — ASTM D 2939 ` v I. Resistance to m. Water: Pass — ASTM D2939 n. Firm Set: Pass — ASTM D 2939 24s q�7 1^d 50% e i e Humidity o. Application Temp.: 40°F tg•120°F ` p. Service Temp (Cured Film): -VVF to 18 O B. 502 RC-W Elasto-Kote: A high) elj�and r I SEBS r ber coating exhibiting outstanding color stability an �therabi ' coati a s exc nt elongation properties making it ideal f ing me syst •► a. Weight per Gal n: 8 lbs. b. Solids by W g: 4%, N i c. Solids b e: 4 °° nal d. Color: W e, Gray h an, P('reen, R� e. Hardness, Shore A. ��JJ f. Elongation: 7 5%, Nominal g. ASTM D 7t\ *1 • h. Tensile St the 1,18 omiry G i. ASTAID 0 �✓ j. �Pility:0.01l k. WUs): sor o • �� I. (7 0.40 ure Time. 2 to 24 hou�70F nd ° �tive Hu p. A i ion Temp.: 40o F to 1200 F. q. e ce Temp r. red Film): -150F to 180°F C. c ent: 5540 6" Resat -Mat (Resat -Mat) Na. Weight: 3.0 oz. per yd2 b. Elongation: 62% ASTM D1682t c. Tear Strength d. (Trapezoidal): 16 lbs. ASTM D1117 e. Mullen Burst: 177 lbs. ASTM D3786 f. Tensile Strength: 57 lbs. ASTM D1682 D. Roof Cleaner: 799 Wash-N-Prep Roof Cleaner FAYONC22.00 Liquid Applied Flashing City of Fayetteville Water & Sewer + Recycling & Trash 07 5600 - 3 09-19-2023 Roof Maintenance Page 240 of 948 PART 3 EXECUTION 3.01 INSPECTION: A. Verify that the surfaces and site conditions are ready to receive work. B. Verify that the deck is supported and secured. C. Verify that the deck is clean and smooth, free of depressions, waves, or projections, and properly sloped to valleys, eaves, or gutters. D. Verify that the deck surfaces are dry and free of ice or snow. E. Verify that all roof openings or penetrations through the roof are solidly set. PREPARATION GUIDELINES: A. All fasteners in areas to seal should be replaceed with larger fasteners.vA as ners mun include a neoprene washer. B. The roof areas to seal should be power washed maintaining a mini ssure f ( si of working pressure with clean water and in addition with 799 Wash - This s r move dirt, dust, and waste products, i.e., grease, animal fats, solvents, to roofirili6p c s and any air borne pollutants. C. Rusted through panels or sections must be replaced with etal. N m al should be allowed to age exposed for 30 days. y_ D. Heavily rusted areas must be wired brusJdown t stable nd all surface rust must be removed. ``'' E. Adhesion tests should be perfor r all v r urfaces F. Remove any coatings or ce t com a ith produc • G. Remove or grind down an nt and/ ings pre^ AK products from completely sealing the H. Any damaged co such brane, fl ngs, do dg , etc. that are not repairable must be replaced. ► FASTENER SEALING G A. All fasteners in areas sea�must recA�e� dollopL"oat) of Karna-Flex. Allow to cure 1-2 days before applyin r fl iv coati g�. CURB FLASHINGS & PE RATION A. A. All curbgs and tions sh Id sealed using 6" wide 5540 Resat -Mat and 502MS Ka PMP. �Iex � `;� B. Apply ��/16 yer of�ar o 19- base of the curb flashing and extend a minimum of 6" ovt I n�.the roof al d 6" verticalohe curb. Apply Karna-Flex using a 3" or 4" 'chip type' h` C. 'I till we&'q*e?diately embed 12" wide Resat -Mat into the wet Karna-Flex. Brush Resat - Mat o sm99�A� and removed any wrinkles or fishmouths. Overlap side -laps and end -laps of fabric 2". uEabric over all fasteners to prevent tenting so the fabric lies completely flat into the sea. D. I second and final application of Karna-Flex over the embedded Resat -Mat. Apply at an av ge thickness of 1/16" to completely cover the Resat -Mat, feathering out the Karna-Flex on to the roof surface. No fabric should be visible. E. Encapsulate all fasteners with a dollop of Karna-Flex. F. Allow all repairs to cure 1-2 days before applying reflective finish coat. HORIZONTAL & VERTICAL SEAMS, PENETRATIONS AND SKYLIGHT CURB FLASHING: A. A. Make sure all flanges are securely fastened to the roof before sealing. FAYONC22.00 Liquid Applied Flashing City of Fayetteville Water & Sewer + Recycling & Trash 07 5600 - 4 09-19-2023 Roof Maintenance Page 241 of 948 B. All horizontal and vertical seams, penetrations and flashings should be sealed using Karna-Flex and 5540 6" Resat -Mat in a three -course application. Karna-Flex should be brushed on in an 8" inch width over the seam approximately 1/16" thick. Embed Resat -Mat wet sealant immediately brushing in to ensure complete saturation. Brush apply another coat of Karna-Flex to complete the three -course application. C. Allow repairs to cure 1-2 days before applying reflective coating. REFLECTIVE ELASTOMERIC FINISH COATING A. Application of reflective elastomeric finish coating over applied Karna-Flex should take place when temperatures are 50OF - 100°F and humidity levels are 85% or less and dew point is minimum of YF above the ambient air and substrate temperature. B. Apply one 502 RC-W Elasto-Kote over all applied Karna-Flex at the rate of gallons per 00 sq. ft. (24 wet mils). C. Allow reflective elastomeric finish coating to cure 24 hours before ex p sje rain or 8.02 CLEAN-UP: A. All work areas are to be kept clean, clear, and free of debris at all ti s. B. Do not allow trash, waste, or debris to collect on the roof. These4tems a �er moved from the roof on a daily basis. C. All tools and unused materials must be c Ilec d at the Qosure dr each w r a and stored properly off the finished roof surfac A ectedrlements. D. Dispose of or recycle all trash and matey' in 'fnan r ming to current EPA regulations and local laws. E. Properly clean the finished r ilrface of pleti makeu a drains and gutters are not clogged. 6 F. Clean and restore all d d surf heir onditio ` a DF S CTI0 a► P G o FAYONC22.00 City of Fayetteville Water & Sewer + Recycling & Trash 07 5600 - 5 Liquid Applied Flashing 09-19-2023 Roof Maintenance Page 242 of 948 Bid 23-41, Addendum 1 Date: Friday, September 29, 2023 To: All Prospective Vendors CITY OF _ FAYETTEVILLE ARKANSAS From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the ap priate bla the Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATIO E BID PQ Pre -bid meeting location has changed. The pre -bid me ting will still be hed on u ay, October 5th, 2023 at 2:00 PM but will be located in the Conference Room at ater/SN Divisi Water/Sew t enanc?'�� lon O 2 ustri V evllle, 01 P O a. City of Fayetteville, AR Bid 23-41, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 243 of 948 Bid 23-41, Addendum 2 Date: Thursday, October 19, 2023 To: All Prospective Vendors CITY OF V_ FAYETTEVILLE 4W ARKANSAS From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehabilitation This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the ap priate bla the Bid. CBIDDERS SHALL ACKNOWLEDGE THISADDENDUM ON THE DESIGNATED LOCH Zl E BlD 1. A non -mandatory Pre -Bid meeting was held in the Conference Room ofV�i of al&i le's Water/Sewer Department on Thursday, October 5, 2023 at 2:00 PM. 4e sign-i of attendees is also attached for disclosure to all interested partie� a. Attendees: i. City of Fayetteville: O 1. Kenny Fitch, Purcha ent 2. Les McGaugh, P g Dir o� 3. Quin Thom s ilities er p g � 4. Wade Aber a Bonds ons r t ire r X 5. Aaron Wate S er 0 t s M na r 6. Ben rc E chite s ii. Vendors: �" 1. John oo Ing 2. M2R f Collinsns 3. TF Thl tXson RoNX: O I 2. Questions: The f61111owi cluestig�iave n ed and answered by the responsible department: a. Que es t e actor nee course every rib? o� nswer• only areas that are to require the "3-coursing" which is requested on page 2, line i nder scope of work within the drawings are the horizontal seams at panel laps, a and penetrations, as well as where seams occur at the roof perimeter where metal ngs are present. Liquid applied fleshings are not required on the standing seams. b. Question: Is the Contractor to install base and top -coat of coating over entire roof or just treat seams only? i. Answer: The liquid applied flashing is only required at roof penetrations and lapped seams. City of Fayetteville, AR Bid 2 3- 4 1, Addendum 2 Page 112 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 244 of 948 c. Question: On the water and sewer metal roof on the Southwest parapet wall there are corrugated metal panels. How wide are the existing panels? i. Answer: Vertical seams at these locations are not required to receive the liquid applied flashing. d. Question: Where the metal roof meets the adjacent roof that is not in scope, will the rise wall seams be part of the scope of work as well? i. Answer: No, the vertical panels are not part of the scope. At these locations, only the flat non -seamed laps of the roof to wall trim are to receive the liquid applied flashing. City of Fayetteville, AR Bid 2 3- 4 1, Addendum 2 Page 212 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 245 of 948 CITY OF FAYETTEVILLE ARKANSAS Name 1 2 3 4 S 6 1564 Ccr v[,c 7 8 9 10 11 12 13 14 15 16 17 18 19 NO City of Fayetteville, Arkansas Attendance Sheet FP/RFQ #:_,::713 - 41 Description:1n 'y(\'&l6fl — R"C(:, 1S� Q ao, 321tie--1- n Function (circle one) : Bid Opening, Selection Committee Meetin Pre-B n erview R Revkg_b Date:_/ 0 5 Time: CQ� ity tall e-mail includes "@faye!r eville-ar.gov" Company Title hon Email P Y e/1 V "' All Bid Openings are also streamed live on the City of Fayetteville's YouTube Channel. 32dd3 ,4-�fo-9232, lµ of j wlcjn @Mzi2C4r-„s'67 -cars-, cG 1 ' Cak �aX4, 092 Page 246 of 948 CITY OF VA FAYETTEVILLE ARKANSAS Bid 23-41 Addendum 2 Trumble Construction Supplier Response Event Information Number: Bid 23-41 Addendum 2 Title: Construction - RTC Transfer Station & Water Sewer Roof Rehab Type: Invitation to Bid Issue Date: 9/24/2023 Deadline: 10/24/2023 02:00 PM (CT) Notes: The City of Fayetteville is accepting sealed bids from properly licensed firms for the alteration of the two (2) existing standing seam metal roofs located at the Fayetteville Recycling & Trash Transfer Station and at Fayetteville's Water and Sewer Operations Center. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss(a)fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss - Sr. Purchasing Agent Address: Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 3 pages Vendor: Trumble Construction Bid 23-41 Addendum 2 Page 247 of 948 Trumble Construction Information Address: 1944 Clear Springs Road, Texarkana, TX, USA TEXARKANA, TX 75501 Phone: (903) 278-0975 By submitting your response, you certify that you are authorized to represent and bind your company. Robert Trumble Signature Submitted at 1012412023 08:38:26 AM (CT) uested Attachments Bid 23-41, Bid Bond contracts@trumbleconstruction.com Email SMINEEM. Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with submittal. Bid 23-41, Required Signature Forms Bid 23 41 Construction RTC Transfer Station Roof Rehab Trumble Construction Inc Proposal.pdf Please attach your completed forms. These documents can be found in the Project Manual or as a convenience file in the 'Attachments' tab titled File #00. Bid Attributes 1 Arkansas Secretary of State Filing Number: 800088382 2 Arkansas Contractor License Number: 0162670524 3 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 2 Yes, I agree ❑ No, I don't agree 4 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 2 Yes, I agree ❑ No, I don't agree Page 2 of 3 pages Vendor: Trumble Construction Bid 23-41 Addendum 2 Page 248 of 948 5 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 2 1 agree Bid Lines 1 Bonds and Insurance Quantity: 1 UOM: Lump Sum Price: $1,287.00 1 Total: $1,287.00 2 Mobilization - Shall not exceed 5% of Total Base Bid Quantity: 1 UOM: Lump Sum Price: $4,058.00 Total: 1 $4,058.00 3 Total Base Bid - DO NOT INCLUDE PRICING FOR MOBILIZATION OR BONDS AND INSURANCE IN THIS LINE ITEM Quantity: 1 UOM: Lump Sum Price: $75,827.00 1 Total: $75,827.00 Item Notes: This bid is being bid as a total lump sum. This line item shall include the total construction price for the entire scope of work for this bid. Response Total: $81,172.00 Page 3 of 3 pages Vendor: Trumble Construction Bid 23-41 Addendum 2 Page 249 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB SECTION 04 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we Trumble Construction, Inc. dba RBT Construction 1944 Clear Springs Rd. Texarkana, TX 75501 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 2255 Ridge Road, Ste 333 Rockwall, TX 75087 a corporation duly organized under the laws of the State of called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Massachusetts as Surety, hereinafter as Obligee, hereinafter called Owner, in the sum of Five Percent of the Greatest Amount Bid Dollars ($ 5% GAB ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. BID BOND Page 250 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB Signed and sealed this 24th day of PRINCIPAL October Trumble Construction, Inc. dba RBT Construction By 0 % umber-rrer1*1V SURETY Liberty MiAtual Aslaance, Company By Jade Porter, Attorney -in -Fact ATTORNEY -IN -FACT Jade P rter, Attoffact i (This Bonds all be accompanied with Attorney-in-Fact's authority from Surety) 20 23 END OF SECTION 04 BID BOND (CORPORATE SEAL) SEAL 2006 ,� (CORPORATE SEAL) Page 251 of 948 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. r0 1 CU i> Liberty Mutual. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY Certificate No: 8205286-022082 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jack Nottingham Jade Porter• Jay Jordan,• Jeremy Barnett; Johnny Moss,• Mistie Beck Robert G. Kanuth• Robert J. Shuya; Tony Fierro all of the city of Rockwall state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of April , 2021 . Liberty Mutual Insurance Company ►NsU,p �SY INS& 1NSURq The Ohio Casualty Insurance Company `JP°°aPOFyr 9yc yJQ°aPo�r Pgy \�,P °oaPOA4r� y� West American Insurance Company � 3 Foe° Q'3 Foe+ �3 om 1912 o 0 1919 1991 0 dV19Ss4CNHs�.da y�y NAMPB�`�.aDO DIANP BY: David M. Carey, Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this 15th day of April 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, yp, PAS kr ci=°etw� AFC Commonwealth of Pennsylvania - Notary Seal hjQ «a z Y Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 Member, Pennsylvania Association of Notaries Ry Pk Pennsylvania, on the day and year first above written. By:��Lcaa� Teresa Pastella, Notary Public w This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance •9 Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President 8 may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all r_ undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full 42 power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall 0 be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attoney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same face and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. ,` r IN TESTIMONY WHEREOF, I have hereunto sbt my hand and affixed the seals of said Companies this 0qlj(day of 'l, , Z�:.��c� V INSUR of INS& �JP4°FPoaN q'% JP °avog4r Fy J? o c 3 o n 1912 c 1919 Z Yi y It RolO YdVI sSACHUs� da _ MAMPga`,dL LMS-12873 LMIC OCIC WAIC Multi Co 02121 P� 1NSURq 6Oft 00 d By: °*"�ada Renee C. Llewellyn, Assistant Secretary C�O N N CD Page 252 of 948 Bid 23-411 Construction — RTC Transfer Station & Water Sewer Roof Rehab Proposal ;_.:._: MMF 1 Q w , i l9r7ua� 'Il 1944 CLEAR SPRINGS RD. TEXARKANA.TX 75501 903-691 -0931 BID 23-41, CONSTRUCTION - RTC TRANSFER STATION & WATER SEWER 5MOI01 a ILI 4 ■_C 'C•'• TABLE OF CONTENTS Section 1. Bid Form / Acknowledgement of Amendments 2. Contractor References 3. Bid Bond 4. Reference Letters 5. SAMPLE COI, BID BOND REFERENCE LETTER & BANK REFERENCE LETTER Page 254 of 948 A ROOF REHAB — BID 23-41 1944 CLEAR SPRINGS RD. TEXARKANA.TX 75501 CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER 903-691 -0931 Section 1— Bid Form / Acknowledgement of Amendments Page 255 of 948 CITY OF P_ FAYETTEVILLE 49W ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery appointment with the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums x or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. 1_x Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid F I documents All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical F sealed bid to the City Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevillear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidders technical equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. Additional Information Required: x • List of Subcontractors: Submit form on bidding platform or attach if submitting a physical bid. • AR Secretary of State Filing #: 800088382 OR submit electronically. • Arkansas Contractor License #: 0162670524 OR submit electronically. • Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: YES or NO Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: YES or NO Telecommun,cat*ns Device for the Deaf TDD (479) 521-1316 113WOM Mountain r •- I - ' ' Page 256 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB SECTION 02 BID FORM *NAME OF FIRM: Trumble Construction Inc Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name RBT Roofing *BUSINESS ADDRESS: 1944 Clear Springs Rd *CITY: Texarkana *PHONE: 903-691-0931 *E-MAIL: contracts@trumbleconstruction.com UNIQUE ENTITY NUMBER: LFTTUSCLFDB5 *TAX ID NUMBER: 20-4273030 *STATE: TX *ZIP: 75501 FAX: 903-334-9580 CAGE NUMBER: 6CD16 AR CONTRACTORS LICENSE #: 0162670524 Bidder acknowledges receipt of the following addendum: Addendum No. 1 Addendum No. 2 Addendum No. Addendum No. Dated: 09/29/2023 Acknowledged by: Robert Trumble - President Dated: 10/19/2023 Acknowledged by: Robert Trumble - President Dated: Acknowledged by: Dated: Acknowledged by: Total Completion Time and Liquidated Damages Including Alternative: Substantial completion shall be 45 consecutive calendar days from the date established in a written notice to proceed. Final completion shall be 15 days after substantial completion. The bidder must agree also to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter. The bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the bid opening. BID FORM 1 Page 257 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name and Address MECHANICAL: N/A PLUMBING: N/A N/A ELECTRICAL: ROOFING AND SHEET METAL: N/A (Self Performing) Other (designate) N/A Expected Percentage or Value N/A N/A N/A N/A N/A Upon receipt of written notice of acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in the sum of $ (5% of Greatest Amount Bid) is to become the property of the Owner in the event the contract and bond are not executed within the time set forth above, as liquidated damages for the delay and additional expense to the Owner caused thereby. *BY: (PRINTED NAME) Robert Trumble *AUTHORIZED SIGNATURE: *TITLE: President BID FORM 2 Page 258 of 948 Bid 23-41, Addendum 1 Date: Friday, September 29, 2023 To: All Prospective Vendors CITY OF _ FAYETTEVILLE ARKANSAS From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehab This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. Pre -bid meeting location has changed. The pre -bid meeting will still be held on Thursday, October 5th, 2023 at 2:00 PM but will be located in the Conference Room at the Water/Sewer Division. Water/Sewer Maintenance Division 2435 Industrial Dr. Fayetteville, AR 72701 Acknowledgment of Addendum: Robert Trumble - President 09/29/2023 City of Fayetteville, AR Bid 2 3- 4 1, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 259 of 948 Bid 23-41, Addendum 2 Date: Thursday, October 19, 2023 To: All Prospective Vendors CITY OF V_ FAYETTEVILLE 4W ARKANSAS From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: Bid 23-41, Construction — RTC Transfer Station & Water Sewer Roof Rehabilitation This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERSSHALL ACKNOWLEDGE THISADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1 A non -mandatory Pre -Bid meeting was held in the Conference Room of the City of Fayetteville's Water/Sewer Department on Thursday, October 5, 2023 at 2:00 PM. The sign -in sheet of attendees is also attached for disclosure to all interested parties. a. Attendees: Acknowledgment of Addendum: i. City of Fayetteville: Robert Trumble - President 1. Kenny Fitch, Purchasing Agent 10/19/2023 2. Les McGaugh, Purchasing Director 3. Quin Thompson, Facilities Manager 4. Wade Abernathy, Bonds and Construction Director 5. Aaron Watkins, Water/Sewer Operations Manager 6. Ben Cruce, Architect — WER Architects ii. Vendors: 1. John Collins Roofing 2. M2 Roofing 3. TF Thompson Roofing 2. Questions: The following questions have been received and answered by the responsible department: a. Question: Does the Contractor need to three course every rib? i. Answer: The only areas that are to require the "3-coursing" which is requested on page 2, line item 2 under scope of work within the drawings are the horizontal seams at panel laps, at curbs and penetrations, as well as where seams occur at the roof perimeter where metal fleshings are present. Liquid applied fleshings are not required on the standing seams. b. Question: Is the Contractor to install base and top -coat of coating over entire roof or just treat seams only? i. Answer: The liquid applied flashing is only required at roof penetrations and lapped seams. City of Fayetteville, AR Bid 2 3- 4 1, Addendum 2 Page 112 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 260 of 948 In 900 'II 1944 CLEAR SPRINGS RD. TEXARKANA.TX 75501 903-691 -0931 Section 2 — Contractor References ROOF REHAB — BID 23-41 CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER Page 261 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB Section 03 CONTRACTOR REFERENCES The following information is required from all Bidders so all bids may be reviewed and properly evaluated: COMPANY NAME: Trumble Construction Inc RBT Roofing NUMBER OF YEARS IN BUSINESS: 21 HOW LONG IN PRESENT LOCATION: 6 years TOTAL NUMBER OF CURRENT EMPLOYEES: 74 FULLTIME 0 PART TIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 6 FULLTIME 0 PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. USPS Jersey City International NDC 2. NAVFAC Port Hueneme Buildings 1423 and 1000 COMPANY NAME COMPANY NAME Jersey City, NJ 07097 Port Hueneme, CA 93041 CITY, STATE, ZIP CITY, STATE, ZIP George Forst Amna Chaudhry CONTACT PERSON CONTACT PERSON 201-714-6202 805-989-4890 TELEPHONE TELEPHONE 08/21/2023 09/30/2021 DATE COMPLETED DATE COMPLETED George.e.forst@usps.gov amna.t.chaudhry.civ@us.navy.mil E-MAIL ADDRESS E-MAIL ADDRESS 3. Morse Federal Court House 4. USPS Philadelphia, PA NDC COMPANY NAME COMPANY NAME Eugene, OR 97401 Philadelphia, PA 19116 CITY, STATE, ZIP CITY, STATE, ZIP Kimberly Johnson Jonathan Maschak CONTACT PERSON CONTACT PERSON 253-709-7780 724-776-6233 TELEPHONE 08/18/2021 DATE COMPLETED kimberlym.johson@gsa.gov a A 0\IWTI H0]:1w TELEPHONE 08/31/2021 DATE COMPLETED Jonathan.e.maschak2@usps.gov E-MAIL ADDRESS CONTRACTOR REFERENCES 1 Page 262 of 948 AE�n� 1944 CLEAR SPRINGS RD. TEXARKANA.TX 75501 903-691-0931 Section 3 — Bid Bond ROOF REHAB — BID 23-41 CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER Page 263 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB SECTION 04 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we Trumble Construction, Inc. dba RBT Construction 1944 Clear Springs Rd. Texarkana, TX 75501 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 2255 Ridge Road, Ste 333 Rockwall, TX 75087 a corporation duly organized under the laws of the State of called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Massachusetts as Surety, hereinafter as Obligee, hereinafter called Owner, in the sum of Five Percent of the Greatest Amount Bid Dollars ($ 5% GAB ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. BID BOND Page 264 of 948 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-41, CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER ROOF REHAB Signed and sealed this 24th day of PRINCIPAL October Trumble Construction, Inc. dba RBT Construction By 0 % umber-rrer1*1V SURETY Liberty MiAtual Aslaance, Company By Jade Porter, Attorney -in -Fact ATTORNEY -IN -FACT Jade P rter, Attoffact i (This Bonds all be accompanied with Attorney-in-Fact's authority from Surety) 20 23 END OF SECTION 04 BID BOND (CORPORATE SEAL) SEAL 2006 ,� (CORPORATE SEAL) Page 265 of 948 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. r0 1 CU i> Liberty Mutual. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY Certificate No: 8205286-022082 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jack Nottingham Jade Porter• Jay Jordan,• Jeremy Barnett; Johnny Moss,• Mistie Beck Robert G. Kanuth• Robert J. Shuya; Tony Fierro all of the city of Rockwall state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of April , 2021 . Liberty Mutual Insurance Company ►NsU,p �SY INS& 1NSURq The Ohio Casualty Insurance Company `JP°°aPOFyr 9yc yJQ°aPo�r Pgy \�,P °oaPOA4r� y� West American Insurance Company � 3 Foe° Q'3 Foe+ �3 om 1912 o 0 1919 1991 0 dV19Ss4CNHs�.da y�y NAMPB�`�.aDO DIANP BY: David M. Carey, Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this 15th day of April 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, yp, PAS kr ci=°etw� AFC Commonwealth of Pennsylvania - Notary Seal hjQ «a z Y Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 Member, Pennsylvania Association of Notaries Ry Pk Pennsylvania, on the day and year first above written. By:��Lcaa� Teresa Pastella, Notary Public w This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance •9 Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President 8 may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all r_ undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full 42 power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall 0 be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attoney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same face and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. ,` r IN TESTIMONY WHEREOF, I have hereunto sbt my hand and affixed the seals of said Companies this 0qlj(day of 'l, , Z�:.��c� V INSUR of INS& �JP4°FPoaN q'% JP °avog4r Fy J? o c 3 o n 1912 c 1919 Z Yi y It RolO YdVI sSACHUs� da _ MAMPga`,dL LMS-12873 LMIC OCIC WAIC Multi Co 02121 P� 1NSURq 6Oft 00 d By: °*"�ada Renee C. Llewellyn, Assistant Secretary C�O N N CD Page 266 of 948 In q ua 'II 1944 CLEAR SPRINGS RD. TEXARKANA.TX 75501 903-691 -0931 Section 4— Reference Letters ROOF REHAB — BID 23-41 CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER Page 267 of 948 FORT WORTH December29, 2020 Re: City of Fort Worth— Will Rogers Memorial Center Richardson Bass Roof Replacement To Whom It May Concern: 1 am pleased to provide letter ofrecommendation relating to RBTConstruction's project management and construction performance on the City of Fort Worth's Richardson Bass Roof Replacement project located at the Will Rogers Memorial Center. Critical to the success ofthis project was RBT's construction team. Ican recommend them highly without reservation. The construction teamcxceeded the City's expectations by completing the project ahead oftime and within budget. The qualityofwork performed was exceptional. RBT's experience working with municipalities proved essential to the successful completionofthe project. As the City ofFort Worth considers other roofing projects, RBT Construction willcertainly be included in any consideration for future projects. Ifyou have any questions feel free to contact me at (817) 392-8072. Sincerely, /l James Diestel Construction Superintendent Property Management Department P RO P EWN NIANACB'IENI T DEPARTMENT FACILITIES DIyISION TIIF. CITY OF FORT WORT11 * 401 NEST 13TO STREET * FORT WORTH, TEXAS 76102 (817) 392-2586 * Ftx (817) 392-8488 Page 268 of 948 UNITED STATES P T13L SERVI T To whom it may concern, On behalf of USPS, I would like to provide this recommendation for Trumble or RBT Roofing for their exceptional work at our USPS Philadelphia NDC project. Tremble performed this project at the highest level of workmanship, attention to detail and quality along with a focus of professionalism. This project was a high profile project for USPS with environmental issues within the roof and interior. The roof was approximately 300,000 SF. This work was performed under a very tight schedule with high visibility. In addition to the roofing work, Tremble needed to follow strict instructions to keep the site safe while fulfilling our demanding schedule. It was a pleasure to work with the many members of their team especially, Ryan Campbell, just to name one. look forward to working with Trumble on future projects with USPS. Sincerely, Jonathan E. Maschak Team Leader, USPS Repair & Alterations West 724-776-6233 (o) 724-971-0803 (c) I Jonatlian.e.riaschak2(ajusps.gov Facilities Service Office, Design & Construction, Pittsburgh Domicile PO BOX 2000, Warrendale, PA 15095-2000 1 FSSP Hotline 1-855-444- 6375I httpS./1faCllltl(?S.LISt)S.goViC:rlwp/ir�du> Page 269 of 948 General Services Administration Northwest/Arctic Region 10 Capital Projects and Customer Contracting 400 15th St. SW, Auburn, WA 98001 Date: January 23, 2020 Trumble Construction 1944 Clear Springs Rd. Texarkana, TX. 75501-1234 (DUNS: 847117418) Subject: Reference Letter Dear Mr. Trumble, The General Services Administration Project Team is pleased to recommend the services and staff of Trumble Construction. GSA Region 10 had the opportunity to work with Trumble Construction (aka RBT Roofing), for a large, complex roofing project on one of our newest federal courthouses. Currently, Trumble has two active purchase order contracts with GSA and will be executing the work this coming spring. The professionalism received by your project team to the GSA was and still is extremely helpful in determining the best solution for our courthouse. GSA appreciated the flexibility of the staff of Trumble and the positive relationship Trumble has with roofing partners. An example of Trumble in action: During pricing review of proposals, Trumble worked with GSA to provide an alternate solution that met the intent of the original design without having to de -scope or degrade the project. Additionally, Trumble took the time to be on site and talk with the project team, work with responsible subcontractors and coordinate with the court staff to ensure a safe and complete project. I am confident that Trumble will be a successful contractor to ANY federal agency. The integrity and approach provided by Trumble will surpass any expectation. I fully recommend Trumble and its staff to be considered for federal contract work with the United States. In the event the GSA project team needs to be contacted, I have provided our business information. Kimberly Johnson, FAC-C III Contracting Officer Capital Projects and Customer Contracting HQ Region 10 Email: kimberlm.johnson&gsa.gov Phone: 253.709.7780 1/M3/2020 v Kimberly Johnson Kinbelry Johnson Contracting Officer, Region 10 Signed by: iCVffRM0HUS0N Stephen L Anderson, FAC P/PM, COR III Project Manager/CCR Design and Construction SE Project Delivery Team IOPCA Email: Stephen.anderson&gsa og_v Phone: 503.308.2493 Page 270 of 948 i 00 TexAmericas CENTER' 107 CHAPEL LANE I NEW BOSTON, TEXAS 75570 April 12, 2023 Trumble Construction Inc. 1944 Clear Springs Rd. Texarkana, TX 75501 Dear Robert & Team: I am pleased to provide a letter of recommendation for Trumble Construction & R.B.T. Roofing related to projects that have taken place at TexAmericas Center over the past several years. In 2006, we constructed a new residence that we call the Commander's House because its purpose is to house the family of the Commander at Red River Army Depot. The home was well built, has stood the test of time, and lots of great memories have been created in that home. Trumble Construction did a great job on the construction of the house. Over the years we have used R.B.T. Roofing for large and small roofing projects. Such projects include roofing of two facilities at the same time that were over 200,000 sgft each, too much smaller structures. Recently, it was time to put a new roof on the Commanders House and R.B.T. Roofing won the bid on that project and they did an excellent job replacing the roof. We have a very good working relationship with the entire team at Trumble Construction & R.B.T. Roofing and we welcome them to bid on any future projects we have here at TexAmericas Center. They are a great organization to work with on any construction project. Sincerely, Scott Norton Executive Director/CEO ph:903-223-9841 1 fax:903-223-8742 1 texamericascenter.com Page 271 of 948 Joe I ev a ar D E S _ % G R Q U P Aug. 2, 2023 To Whom It May Concern, I am pleased to write this letter of recommendation for RBT Construction. I worked closely with the RBT team on the roof replacement for both the upper and lower roofs of the John W. Peck Federal Building in downtown Cincinnati, OH. The Peck Building is a 10-story office building for several federal organizations and is eligible for the historic buildings list. This roof replacement project entailed overcoming numerous obstacles inherent with a building surrounded by urban spaces requiring careful attention to street -level activity and maximizing the limited staging space. Of utmost importance to this project was coordinating with the building representative. RBT was sensitive to the representative's timeframes to coordinate access for RBT to work in the tenant spaces. RBT was able to look ahead at schedule times and keep the team on task. There were several areas of the building that posed unique challenges and required modification to the design to accommodate the challenges. RBT was able to navigate through those obstacles, performing superb construction services throughout both phases of the project. As the Project Architect on this project, I worked closely with RBT, providing unified construction solutions to the owner. From their project coordination skills to their project delivery, I was nothing but pleased working with RBT Construction as the Roofing Contractor on this project. The RBT team, from the start, possessed acute understanding of the project's challenges. Because of this, the project delivery was exceptional. I look forward to working with RBT again on future endeavors. Sincerely, 4-IC-1 4r-le Kristina Hamill RA, RRC, RRO, LEED AP, UAS Pilot I Senior Architect 555 Carr Street Cincinnati, OH 45203 (513) 721-0600 Page 272 of 948 I ROOF REHAB — BID 23-41 1944 CLEAR SPRINGS RD. TEXARKANA.TX 75501 CONSTRUCTION — RTC TRANSFER STATION & WATER SEWER 903-691 -0931 Section 5 — SAMPLE COI, BID BOND REFERENCE LETTER & BANK REFERENCE LETTER Page 273 of 948 75/22/2023 (MM/DD/YYYY) ,acoRo° CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Hone COUntS NAME: K&S Rockwall 0104 FAX PHONE , 2255 Ridge Rd, Ste 333 C No EM: 972-771-4071 A/c No:972-771-4695 Rockwall TX 75087 ADDRESS: Honey.Counts@kandsins.com INSURER A: Im erium Insurance Company 35408 INSURED TRUMCON-01 INSURERB: Continental Casualty Company 20443 Trumble Construction Inc dba RBT Construction INsuRERc: American Casual Company of R 20427 RB Trumble Construction, LLC dba RBT Construction 1944 Clear Springs Road INSURERD: Texarkana TX 75501 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 170669438 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR NUMBER PICPOLICY MM DDY/YYYY EXP MM DDY/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CON-IIC-GL-0000028-01 3/12/2023 3/12/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGES( RENTED PREMISES Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY CON-IIC-CA-0000081-01 3/12/2023 3/12/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED Ix NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR CON-IIC-CX-0000025-01 3/12/2023 3/12/2024 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $ n $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 7039533388 5/12/2023 5/12/2024 X I PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? I N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Inland Marine C7018630984 3/12/2023 3/12/2024 Leased/Rented Equip $350,000 Deductible $2,500/$1OK Theft DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GENERAL LIABLITY: General Liability policy includes additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. General Liability policy contain an endorsement with "Primary and Noncontributory" wording. General Liability policy includes waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ***For Bidding Purposes Only*** AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 274 of 948 K&S INSURANCE NAVIGATING RISK. ENHANCING BUSINESS. May 23, 2023 kandsins.com Re: Trumble Construction, Inc. dba RBT Construction - Bond Reference Letter To Whom It May Concern: We are pleased to write this letter on behalf of our valued client, Trumble Construction, Inc. dba RBT Construction. Over the years, Trumble Construction, Inc. dba RBT Construction has proven to be a leader in their industry. Based on our review we can offer bonding for a single job in the amount of 70,000,000. We have also extended Trumble Construction, Inc. dba RBT Construction total aggregate bonding capacity of 100,000,000. The surety's approval of such a request would be conditioned upon applicable underwriting considerations at the time of the bond request. This letter is not an assumption of liability. We have issued this letter only as a bonding reference requested by our client. Trumble Construction, Inc. dba RBT Construction surety company is Hudson Insurance Company (Hudson Insurance Company), which is rated "A (Excellent) XV" by AM Best rating service and is the recognized leader in rating property/casualty companies. Hudson Insurance Company (Hudson Insurance Company ) appears on the Department of the Treasury Circular 570 as one of those "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies." We highly recommend Trumble Construction, Inc. dba RBT Construction for your next project. Sincere , � v V Jade Porter Partner Page 275 of 948