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HomeMy WebLinkAbout47-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 47-24 File Number: 2024-1668 DC SPARKS CONSTRUCTION, LLC. (CHANGE ORDER #1): A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE FLEET SHOP EXPANSION CONTRACT WITH DC SPARKS CONSTRUCTION, LLC. IN THE AMOUNT OF $272,328.84 TO PROVIDE AND INSTALL AN OVERHEAD CRANE, 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 authorizes Mayor Jordan to sign Change Order No. 1 to the Fleet Shop Expansion Contract with DC Sparks Construction, LLC in the amount of $272,328.84 to provide and install an overhead crane. A copy of Change Order No. 1 is attached to this Resolution and made a part hereof. 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. PASSED and APPROVED on February 6, 2024 Page 1 Attest: `.�``%tJ1 1 1 1r1// zi • ---G�1 I-AYET7 EVlt.I Kara Paxton, City ler reasurer t •� 9 � 11/14/23, 9:10AM Proposal Print Fleet Shop Overhead Crane Job Address: 1525 S. Happy Hollow Rd., fay, AR 72701 DC Sparks Constructloml-W 8871 Lola Jeane Lane • Rogers, AR 72756 • Phone: 479-365-2889 Print Date: 11-14-2023 DC Sparks Proposal Scope of Work / Breakdown of Quote Thank you for allowing DC Sparks Construction, LLC the opportunity to bid this project for you. Based on the Project specifications dated 10/22/2023, DC Sparks Construction, LLC has put together a proposal with a breakdown of work included. The project is priced based on the specs unless otherwise noted in below breakdown. * Submittal Log and Submittals for all materials for approval by owner or owners rep. * Project Schedule showing completion of project. (Gantt Chart) * Surveying is excluded besides general layout required for construction. * All permits are excluded that are required by local governments. * Worker's Comp. and General Liability policies will be provided for this project. * 1 year material and workmanship warranty is included. * Any items not listed in the description below will be change order to the owner. * Exclusions: Permit. Waste Removal to be supplied by owner. * Project duration: 120 DAYS per Specifications. Crane 14 to 16 week lead time for shipment. https://buildertrend.net/app/LeadProposal/Print/8395431 1/2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 6, 2024 CITY COUNCIL MEMO 2024-1668 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir DATE: SUBJECT: Change Order #1 to Bid 23-29 Contract Fleet Shop Expansion with DC Sparks Construction LLC, to provide and install an Overhead Crane and a Budget Adjustment. RECOMMENDATION: Staff recommends approval of Change Order #1 to Bid 23-29 Contract Fleet Shop Expansion with DC Sparks Construction, LLC in the amount of $272,328.84 plus any applicable Sales taxes to provide and install an overhead crane and approve a Budget Adjustment. BACKGROUND: In October 2023, Resolution 201-23 authorized the construction associated with the fleet shop expansion. In November 2023, the City's Purchasing Division received bids 23-43 to provide and install an overhead crane. DC Sparks was the responsive bidder. DISCUSSION: The overhead crane will allow safe and effective repairs of heavy-duty vehicles and equipment. This will also reduce the need to use other departments' front loaders or forklifts to make the repairs that could be more labor-intensive or risky due to multiple people operating equipment in a small area. A crane will reduce equipment downtime, labor time and cost by utilizing one crane and operator instead of two pieces of equipment operating in unison and 2-3 people for one repair. Staff elected to include Bid 23-43 as a change order to the Fleet expansion contract with DC Sparks. This required less documentation, which would result in an expedited delivery and installation of the crane. BUDGET/STAFF IMPACT: Funds will be allocated from GL account #9770.770.1920-5801.00 20008.1 Fleet Fixed Assets, Fleet overhead crane and a budget adjustment from the 20008.2401 Fleet Vehicle Lifts account. ATTACHMENTS: SRF (#3), BA (#4), Fleet Overhead Crane C0001 DC Sparks (#5), Bid 23-43, Bid Tab - Signed (#6), Bid 23-43, Submittal - DC Sparks Construction - E (#7) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 J5 File #: 2024-1668 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Change Order #1 to Bid 23-29 Contract Fleet Shop Expansion with DC Sparks Construction LLC, to provide and install an Overhead Crane and a Budget Adjustment. A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE FLEET SHOP EXPANSION CONTRACT WITH DC SPARKS CONSTRUCTION, LLC. IN THE AMOUNT OF $272,328.84 TO PROVIDE AND INSTALL AN OVERHEAD CRANE, 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 authorizes Mayor Jordan to sign Change Order No. 1 to the Fleet Shop Expansion Contract with DC Sparks Construction, LLC in the amount of $272,328.84 to provide and install an overhead crane. A copy of Change Order No. 1 is attached to this Resolution and made a part hereof. 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 City of Fayetteville Staff Review Form 2024-1668 Item ID 2/6/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 11/12/2024 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Staff recomends approval of Change Order #1 to Bid 23-29 Contract Fleet Shop Expansion with DC Sparks Construction, LLC. In the amount of $272,328.84 plus any applicable sales tax to provide an overhead crane and approve a Budget Adjustment. Budget Impact: 9700.770.1920-5801.00 Account Number 20008.1 Project Number Fleet Fixed Assets Fund Overhead Crane Project Title Budgeted Item? Yes Total Amended Budget $ 250,000.00 Expenses (Actual+Encum) $ - Available Budget $ 250,000.00 Does item have a direct cost? Yes Item Cost $ 292,092.98 Is a Budget Adjustment attached? Yes Budget Adjustment $ 42,093.00 Remaining Budget $ 0.02 V20221130 Purchase Order Number: 2023-844 Previous Ordinance or Resolution # 207-23 Change Order Number: 1 Approval Date: Original Contract Number: #2023-00000051 Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division FLEET OPERATIONS (770) Adjustment Number /Org2 2024 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of Change Order #1 to Bid 23-29 Contract Fleet Shop Expansion with DC Sparks Construction, LLC in the amount of $272,328.84 plus any applicable Sales taxes to provide and install an overhead crane and approve a Budget Adjustment. COUNCIL DATE: 2/6/2023 ITEM ID#: 2024-1668 Kevin Springer 717712024 77:73 RM Budget Division TYPE: JOURNAL #: Date D - (City Council) I GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 42,093 42,093 v.202413 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 9700.770.1920-5801.00 42,093 - 20008 1 EX Fixed Assets 9700.770.1910-4999.99 - 42,093 RE Use Fund Balance - Current I of I DocuSign Envelope ID: C6AA3F10-97F3-4D2F-B82F-CFD6D68A6F59 DC SPAaKS CONSTRUCTION Change Order #1 Owner Info City of Fayetteville Change Order Job Info 1 S25 S. Happy Hollow Rd. Fayetteville, AR 72701 Printed: Jan 18, 2024 8871 Lola Jeane Lane, Rogers, AR 727S6 Phone:479-36S-2889 Change Order ID CO-23-021-0003 23-021 Fay Fleet Shop Expansion CO ID Created / Approved Date Price CO-23-021-0003 Created Jan 10, 2024 $272,328.84 Bid 23-43 Overhead Crane Number: Bid 23-43 Addendum 2 Title: Construction - Overhead Crane "Plus applicable sales taxes" Items Cost Types Crane Equipment 41-2200 - Cranes and Hoists Description Design/Fab Lead Times: 3 weeks for approval drawings and 16 weeks after approvals returned. Installation: 1 - 1 1/2 weeks to install Description Qty / Unit Unit Price Price Per Plans and Specs 1 ea $272,328.84 $272,328.84 Status Signature Approved by: Mayor Lioneld Jordan Approved by: DC Sparks Construction, LLC - I confirm that my action here represents my electronic signature and is binding. Date TOTAL AMOUNT OF CHANGE ORDER: $272,328.84 https://buildertrend.net/app/ChangeOrder/Print?ids=6713708 1/1 r, 0 _r 3 �J M In A W fV F+ �< O O O (A - 1 m m (D ° a 0 0, m a j f1 m :3 c' a :3 m 0) 'D m 0 c � G G G 0 V) CA CA LA r I-• vn a a+ o �-• u, o n 0 w o o o 0 0 %* '^ O 000 oj 00 0 0 0 0 N N O A O O O O O vi N n O 00o 3 j) A N C tn• i/> th {!F il? i/� •P 01 F-a M ) O N (n O 7 to 00 0 0 0 0 0 2' O N O O O O O a O 00 0 0 0 0 o 0 00 0 0 0 0 0 0 A 0 O 0 0 0 W a N 0 W m D � r w Z m n ccl p 3 M cur+W � v o A � D m � C cr �s N 1 0 -' 0 Z O C w �s N m O fu C. KC) m CITY OF FAYETTEVILLE ARKANSAS Bid 23-43 Addendum 2 DC Sparks Consruction Supplier Response Event Information Number: Bid 23-43 Addendum 2 Title: Construction - Overhead Crane Type: Invitation to Bid Issue Date: 10/22/2023 Deadline: 11/21/2023 02.00 PM (CT) Notes: The City of Fayetteville, AR is accepting sealed bids from properly licensed professionals for the purchase, installation, and commission of one (1) overhead crane. Questions should be addressed to Kenny Fitch, Purchasing Agent at kfitch@fayetteville-ar.gov or by calling (479) 575-8258. Contact Information Contact: Kenny Fitch Purchasing Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: kfitch@fayetteville-ar.gov Page 1 of 3 pages Vendor: DC Sparks Consruction Bid 23-43 Addendum 2 DC Sparks Consruction Information Address: 8871 Lola Jeane Ln Rogers, AR 72756 Phone: (479) 365-2889 Email: daniel.sparks@dcsparksconst.com Web Address: dcsparksconstruction.com By submitting your response, you certify that you are authorized to represent and bind your company Alexus Sparks alexus.soarks@dcsoarksconst.com Signature Email Submitted at 1111412023 09:46:11 AM (CT) Requested Attachments Bid 23-43, Required Signature Forms Fleet Overhead Crane Bid FormPackage.pdf Please attach your completed form. These documents can be found in the 'Attachments' tab titled 'Bid 23-43, Construction - Overhead Crane'. Bid 23-43, Bid Bond Fleet Overhead Crane Bid Bond.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 Arkansas Secretary of State Filing Number: 800199219 2 Arkansas Contractor License Number: 0349560323 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. ❑✓ Yes ❑ No Page 2 of 3 pages Vendor: DC Sparks Consruction Bid 23-43 Addendum 2 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. ❑.t Yes ❑ No 5 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. W I agree Bid Lines 1 Overhead Crane Quantity: 1 UOM: LS Price: $110,000.00 Total: $110,000.00 7 Bonds and Insurance Quantity: 1 UOM: LS Price. $15,500.00 1 Total $15,500.00 Response Total: $272,328.84 Page 3 of 3 pages Vendor: DC Sparks Consruction Bid 23-43 Addendum 2 City of Fayetteville, Arkansas _CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain W4W Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 23-43, Construction — Overhead Crane DEADLINE: Tuesday, November 14, 2023 before 2:00 PM, Local Time PRE -BID MEETING: Thursday, November 2, 2023 at 10:00am, via Zoom PURCHASING AGENT: Kenny Fitch, kfitch@fayetteviIle-ar.gov DATE OF ISSUE & ADVERTISEMENT: 10/22/2023 & 10/29/2023 No late bids shall be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. NOTICE TO ALL BIDDERS: All interested parties can obtain files for this project by going to http://fayetteville-ar.gov/bids. Bid documents shall be distributed electronically from the City of Fayetteville Purchasing Division only. BID PACKAGE INCLUDES THE FOLLOWING FILES WHICH SHALL BE LISTED UNDER "ATTACHMENTS": FILE #01: BID FORM — 29 Total Pages *Additional files added as addendums 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://foyetteville-or.gov/b+ds. Failure to acknowledge addenda issued as instructed could result in bid rejection. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 THIS PAGE INTENTIONALLY LEFT BLANK Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 CITY OF �_ FAYETTEVILLE 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 to 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. IX-1 Total base bid should be calculated in the provided space. j� All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted ,, I bid documents All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a FX physical sealed bid to the location listed below. 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/cityoffayetteviIlear. 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. IT]Additional Information Required: • List of Subcontractors: Submit form electronically or attach if submitting a physical bid. • AR Secretary of State Filing #: 800199219 OR submit electronically. Arkansas Contractor License #: 0349560323 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. • 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. • Submit electronically or circle applicable answer YE r NO Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 THIS PAGE INTENTIONALLY LEFT BLANK Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville Bid 23-43, Construction — Overhead Crane Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 23-43, Construction — Overhead Crane The City of Fayetteville, AR is accepting sealed bids from properly licensed professionals for the purchase, installation, and commission of one (1) overhead crane. Questions should be addressed to Kenny Fitch, Purchasing Agent at kfitch@fayetteville-ar.gov or by calling (479) 575-8258. A non -mandatory Pre -Bid meeting will be held on Thursday, November 2, 2023 at 10:00 AM, local time, via Zoom. Information regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. Bidding documents, plans, and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Tuesday, November 14, 2023 before 2:00 PM, local time, utilizing the City's electronic bidding software. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/citvoffayettevillear. 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. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the Project is located. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Each bid exceeding $50,000 shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond for five percent (5%) of the amount bid. In the event a bidder opts to submit a cashier's check for a bid bond, the actual physical cashier's check shall be delivered to the City prior to the deadline. A one hundred percent (100%) performance and payment bond (inclusive of any contingency, if applicable) is required with the contract awarded. A State of Arkansas Contractor's License is required for all bids exceeding $50,000 and license shall be valid at the time of bid deadline. Registration with the Arkansas Secretary of State is required for all bids providing services in the state of Arkansas. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period which shall not exceed beyond ninety (90) days from the bid opening date. Kenny Fitch City Purchasing Agent P: 479.575.8258 Email: kfitch@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 10.22.2023 & 10.29.2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $458.44 Telecommunications Device for the Deaf fDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville Bid 23-43, Construction — Overhead Crane Bid Form EXECUTION OF BID - All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayetteville-ar.gov/bids) and complete and submit all required information, which may include: • Rid Attrihiitac • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Signature Forms (this form, completed in its entirety) o Completed and Signed Bid Bond (as stated in the Bid Form) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. 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. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 5. 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. 6. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 7. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 8. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) 9. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 10. As a bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: DC Sparks Construction, LLC Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name DC sparks Construction, LLC *BUSINESS ADDRESS: 8871 Lola Jeane Lane, *CITY: Rogers *STATE: AR *ZIP: 72756 *PHONE: (479) 365-2889 *E-MAIL: bids@dcsparksconst.com UNIQUE ENTITY NUMBER: *TAX ID NUMBER: 273347018 Acknowledge Addendums: Addendum No. Dated FAX: CAGE NUMBER: AR CONTRACTORS LICENSE M 0349560323 Acknowledged by: Addendum No Dated Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Total Completion Time and Liquidated Damages: Total completion shall be 120 consecutive calendar days from the date established in a written notice to proceed. I he bidder must agree also to pay as liquidated damages, the sum of $200.00 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. ITelecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 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 23-43, Construction — Overhead Crane Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work MECHANICAL: PLUMBING: ELECTRICAL: Subcontractor's Name and Address N/A N/A Dynamis Electric, LLC 3305 SW 14th Street, Bentonville, AR 72712 ROOFING AND SHEET METAL: N/A Other (designate) N/A Expected Percentage or Value 2% 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 $12,845.70 (5% of Base 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) Alexus Sparks *AUTHORIZED SIGNATURE. *TITLE: Estimator Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville Bid 23-43, Construction —Overhead Crane References The following information is required from all Bidders so all bids may be reviewed and properly evaluated: COMPANY NAME: DC Sparks Construction, LLC NUMBER OF YEARS IN BUSINESS: 12 yrs HOW LONG IN PRESENT LOCATION: 3 yrs TOTAL NUMBER OF CURRENT EMPLOYEES: 13 FULLTIME PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 5 FULLTIME 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 City of Fayetteville - Fleet Truck Wask COMPANY NAME Fayetteville, AR, 72701 CITY, STATE, ZIP Les McGaugh CONTACT PERSON (479) 575-8220 TELEPHONE April 2021 DATE COMPLETED Imcgaugh@fayettevillear.gov _ E-MAIL ADDRESS 3. La Bodega COMPANY NAME Springdale, AR, 72770 CITY, STATE, ZIP Rafael Dominguez CONTACT PERSON (314) 484-1649 TELEPHONE November 2019 DATE COMPLETED labodegaarllc@gmail.com E-MAIL ADDRESS 2 City of Centerton - Centerton Fire Department Renovation COMPANY NAME Centerton. AR. 72713 ',.I I I, .1 I M I L, L l r B. Edwards CONTACT PERSON (479) 795-2750 I LLLr F1U14L June 2019 DATE COMPLETED bedwards@centertonar.us E-MAIL ADDRESS 4 City of Rogers - Rogers Water Department Renovation COMPANY NAME Rogers, AR, 72756 CITY, STATE, ZIP Mark Landis CONTACT PERSON (479) 936-5418 TELEPHONE July 2023 DATE COMPLETED marklandis@rwu.org E-MAIL ADDRESS ITelecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville Bid 23-43, Construction — Overhead Crane General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. 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.youtu be.comuser/citvoffayetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Division. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. 9. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all constitutional, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Bidder, by affixing his or her signature to this bid, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville encourages its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the Contractor based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/propose r's/protestor's staff, and agent of the Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at anytime after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. CERTIFICATE OF INSURANCE: 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. 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. elecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 26. PRICING: Pricing shall be submitted in the format as specified in the bid. Bidders are required to submit pricing on entire project as a turn -key price. Bidders are strictly prohibited against submitting bids for partial scope. 27. NOTICE TO PROCEED: a. After contract award, the Contractor will provide the City with a 100% performance bond and a separate 100% payment bond, as required in the contract. The performance and payment bonds shall include any approved contingency. b. Upon the City receiving and accepting the separate 100% Performance and Payment Bonds, the City will issue a Purchase Order along with a Notice of Award (NOA). i. 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. 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. d. Calendar days for substantial and final completion shall not start until the day following the issuance of a Notice to Proceed. e. The City will make progress payments for materials delivered on site, after verification of delivered materials by City. 28. OTHER GENERAL CONDITIONS: 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 Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxsha#notbeinc/udedinthebidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Bidder in responding to this solicitation is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Bidder for any expense so incurred, regardless of whether or not the submittal is accepted. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Kenny Fitch immediately via telephone (479.575.8258) or e-mail (khtch@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Kenny Fitch, City of Fayetteville, Purchasing Agent via e-mail (kfitch @fayetteville-ar.go� or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 29. ATTACHMENTS TO BID DOCUMENTS: N/A Telecommunications Device for the Deaf rDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 City of Fayetteville Bid 23-43, Construction — Overhead Crane Instructions to Bidders 1. DEFINED TERMS a. 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. b. Bidder/Vendor - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which submits a bid to a Bidder. c. Purchasing Division - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. d. Successful Bidder - the lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as hereinafter provided) makes an award. e. Contractor - the awarded bidder who has executed the contract for this project with the City of Fayetteville. 2. COPIES OF BIDDING DOCUMENTS a. Complete sets of Bidding Documents must be used in preparing Bids. City of Fayetteville assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. b. City of Fayetteville, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 3. EXAMINATION OF SITE AND CONTRACT DOCUMENTS a. Bidders are advised that the Drawings and Specifications are on file at City of Fayetteville Purchasing Division and shall constitute all the information which City of Fayetteville shall furnish. No other information given or sounding made by 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 the City of Fayetteville. Prior to submitting any Bid, Bidders shall: 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 attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make a compliant bid. b. 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 Telecommunications Device for the Deaf FDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 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. c. Bidders shall promptly notify owner of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. d. Information and data shown or indicated in the Contract Documents with respect to existing underground facilities at or contiguous to the site, is based upon information and data furnished to City of Fayetteville by City of Fayetteville's such Underground Facilities or others, and City of Fayetteville does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. e. On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. f. Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by City of Fayetteville or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, City of Fayetteville will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. g. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement. Without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents. Bidder has given owner written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by owner 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. 4. AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS a. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the Contract Documents. 5. INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA a. If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the owner not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. b. Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be responsible for any other explanations or interpretations of the proposed Contract Documents. c. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville. d. Bidder assumes all responsibility for checking the City's online bidding portal at www.fayetteville- ar.gov/bids for updates and addenda issued to this project. 6. APPROXIMATE ESTIMATE OFF QUANTITIES a. The provided estimate of quantities is 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. 7. PRICES a. 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 of the work as called for in the Specifications or indicated on the Drawings. b. 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. c. By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required and has reviewed the Drawings and Specifications to verify the full scope of the Work. 8. BID FORM a. Bids are due as indicated in the Advertisement for Bids. b. Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non -responsive at the option of City of Fayetteville. However, City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of City of Fayetteville. c. It is the sole responsibility of Bidder to see that the Bid is received on time. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 d. Acceptance of deductive alternate bids is at the City of Fayetteville's discretion, as best services the City of Fayetteville's interest. Each deductive alternate, if applicable, will be provided on the Bid Form. The price of the Bid for each deductive alternate will be the amount to be deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. The unit price amount for each alternate shall be the same as the unit price amount listed in the Bid. e. No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. 9. SIGNATURE ON BIDS a. If the Bid is made by an individual, the firm name shall 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 shall 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 shall be given, and the Bid signed by an officer or agent duly authorized. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. b. All names must be typed or printed in black ink below the signature. c. The address and telephone number for communications regarding the Bid must be shown. d. Powers of attorney, properly certified, for agents and others to sign bids must be in writing and filed with City of Fayetteville. e. The Bid shall also contain a signed acknowledgment of receipt of all Addenda. 10. BID SECURITY a. A five percent (5%) bid security, in the form of a bid bond, or cashier's check from a bank located in the State of Arkansas, as stated in the Advertisement, shall accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder shall not be acceptable. The Successful Bidder's security shall be retained until City of Fayetteville receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Selection, City of Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited. b. The City of Fayetteville reserves the right to retain the security until the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. 11. PERFORMANCE BOND AND PAYMENT BONDS a. Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a separate payment Bond, equal to one hundred percent (100%) of the contract price. This shall include any approved contingency. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 b. Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. c. The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. d. In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds shall not be sufficient. e. The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At least two originals of the Bonds shall be furnished, each with Power of Attorney attached. f. Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. g. The bonds shall be presented to the City after being file marked at the Washington County Circuit Clerk's Office. Multiple copies of the original bonds may be necessary for filing purposes. 13. SUBCONTRACTORS, SUPPLIERS, AND OTHERS a. Contractor shall not assign or sublet all or any part of this contract without the prior written approval of City of Fayetteville nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by City of Fayetteville will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. 14. SUBSTITUTE AND "OR EQUAL" ITEMS a. Any reference to a particular brand or manufacture is in an effort to establish an acceptable level of quality for this purchase. Brands or manufacturers that are included in a bid that are of at least equal quality, size and specification as to what has been specified, will be acceptable for consideration. 15. COMPLIANCE WITH STATE LICENSING LAW a. A Contractor's License is required to bid this project, however, prior to executing the agreement with the City of Fayetteville, the Contractor shall be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors" for bids in excess of $50,000. 16. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS a. To demonstrate qualifications to perform the Work, each Bidder shall be prepared to submit within Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 five days after bid opening, upon City of Fayetteville's or owner'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. Bidders shall be registered with the Arkansas Secretary of State. 17. DISQUALIFICATIONS OF BIDDERS a. Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. b. More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. c. Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. d. 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. e. 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. f. Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt completion of additional work if awarded. g. Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a previous contract. 18. OPENING OF BIDS a. Bids will be opened and read aloud publicly in a room to be designated by City of Fayetteville the day of the bid opening and shall be livestreamed through the City of Fayetteville's YouTube page. A Bid Tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 19. CONSIDERATION OF BIDS a. After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. b. In evaluating Bids, City of Fayetteville will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Selection. c. City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 the Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. 20. RIGHT TO REJECT BIDS a. City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. b. 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. 21. AWARDING OF CONTRACT a. 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 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. 22. SIGNING OF AGREEMENT a. When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to City of Fayetteville with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter City of Fayetteville shall deliver one fully signed counterpart to Contractor. 23. MATERIALS GUARANTY a. 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. 24. FAMILIARITY WITH LAWS a. 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. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 25. ADDITIONAL LAWS AND REGULATIONS a. 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: i. Americans with Disabilities Act. ii. Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. iii. Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. 26. CERTIFICATION OF FUNDS a. Bidders are required to provide pricing for all line items. Failure to provide pricing on all line items can result in bid rejection. b. The City intends to award this contract to the lowest qualified, responsive, responsible bidder based on the total base bid as long as such bid falls within the amount of funds certified for the project, plus 25%. c. In the event no bid falls within the amount certified, plus 25%, all bids will be rejected and become confidential. d. The City shall have the authority to negotiate an award with the apparent responsive responsible low bidder but only if the low bid is within twenty-five present (25%) of the certification of funds. 27. RETAINAGE a. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as City/Engineer shall determine, or the City of Fayetteville may withhold. b. 95% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by the City/Engineer, and if the character and progress of the Work have been satisfactory to the City/Engineer, the City may determine that as long as the character and progress of the Work subsequently remain satisfactory, there shall be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion shall be an amount equal to 100% of the Work completed less the aggregate of payments previously made. c. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to the City of Fayetteville. Telecommunications Device for the Deaf TDD (479) 521-1316 1 13 West Mountain - Fayetteville, AR 72701 28. MOBILIZATION a. The amount bid for the item of "Mobilization" shall not exceed 5% of the total bid amount for all items listed, or bid shall be rejected. 29. MISCELLANEOUS a. Contractor shall not perform any burning of materials or perform any blasting. b. If a dumpster is needed for this project, Contractor shall obtain a dumpster from the City of Fayetteville's Recycling and Trash Division. c. Work shall be performed during regular work hours, and Contractor shall not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the City's written consent. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville Bid 23-43, Construction — Overhead Crane Scope of Work ALL BIDDERS SHALL COMPLETE THIS SCOPE OF WORK SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS SCOPE OF WORK FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a._), bidder shall write a "check mark" or write "yes" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. tedv6qg item blank shall indicate bidder does not meet the listed_ specification and can result in bidder DISQUALIFICATION. Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met nr not 1. GENERAL- 1.1 Unit bid shall meet or exceed the minimum requirements, or they will be deemed incomplete and will not be considered for bid award. 1.2 All specifications written are to minimums, unless otherwise noted. 1.3 Unit shall be installed at the City's Fleet Operations facility, located at 1525 S. Happy Hollow Road, Fayetteville, AR 72701. 1.4 Installation and commissioning shall be provided by manufacturer or certified installer. 1.5 Order will be placed following the completion of Fleet Operations facility expansion. Completion of expansion is anticipated February 2024. 2. MANUFATURER/MODEL- 2.1 Unit bid must be of the latest standard production model as offered for commercial trade. 2.2 Unit bid price shall be valid for the current model year. 3. WARRANTY 3.1 The equipment shall be warranted for two (2) years or the manufacturer's standard warranty, whichever is greater. 3.2 Warranty shall include all parts and labor. 3.3 Bidder shall be responsible for warranty of entire unit. 4. TECHNICAL SPECIFICATIONS 4.1 General a. YES Type: Double Girder b. YES Capacity: 50,000lbs Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 c. YES Maximum Structure Height: 22'-9 5/8" d. YES Span: 20' e. YES Runway Length: 50' f. YES Duty Group Steel Structure: CMAA C g. NO Crane Weight with Hoist: 10,080lbs 7,013lbs. h.YES Static Wheel Load: 25.6 kips i. NO Runway Rail Type: 2" x 1 1/2" #60 ASCE RAIL j. YES Crane Voltage: 3Ph / 460 V / 60Hz, 115 V Control 4.2 Hoist: a. YES Wire Rope Hoist b. NO Lifting Height: 17'-1 5/16" 18'-5" C. YES Hoist Capacity: 50,000lbs d. YES Hoist Duty Group: ISO M5 e. YES Double Girder Trolley f. YES True Lift Reeving g. YES Two Speed 4.3 Controls: a. YES Radio Remote Controls b.YES Wired Pendant Controls 4.4 Features: a. YES Overload Protection Device b.YES Carburized and ground gearing (AGMA 11) C. TBD 40:1 Rope to Drum ratio d. YES Ergonomic Hook Design with Safety Latch e. YES Thermal Protection on Hoisting Device f. YES Mainline Contactor g. YES Rope Guides to prevent wire rope overlap h. YES Squirrel Cage Motors with DC Disk Brakes i. YES 4 Step Geared Upper Limit Switch j. YES Lifetime Adjustment on Hoist Brake k. YES Under Voltage and Over Current Protection 4.5 Training: a. YES Full On -Site Manufacturer Safety and Operations Course for all Fleet staff 5. STANDARDS Each unit shall meet or exceed the following applicable standards: a. YES Environmental Protection Agency's Exhaust Emission Standards (EPA). b.YES Occupational Safety and Health Administration Standards (OSHA). Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 6. DELIVERY/DOCUMENTATION Delivery shall include the following documents as a minimum: a. YES Dealer invoice b. YES A list of all required service filters with part numbers. C. YES A list of all required service fluids and lubricants with part numbers and generic specifications. 7. MANUALS 7.1 The successful bidder agrees to furnish one (1) set each of the following list of manuals: a. YES Operator's Manual (1 file copy plus one (1) copy for each machine purchased) b. YES Shop Maintenance Repair Manuals (Paper or digital format) C. YES Parts (OEM) Manual (Paper or digital format) d, YES Current copies of parts and service manuals previously provided by vendor will satisfy this requirement. 7.2 Payment(s) may be held until all manuals and certifications are delivered to the City of Fayetteville Fleet Operations Division. 8. SUPPORT SERVICES aYES/NORepair Parts inventory — a stock of standard repair parts for units bid shall be available for immediate delivery to the City from the bidder's service inventory. A full stock of all repair parts shall be available for shipment within 24 hours of parts request. Parts inventory availability will be considered in the purchase decision.someparts maybe alonger shipment time bYES/NOMaintenance Service - Fully trained maintenance personnel shall be available for service within twenty-four (24) hours of repair requests. This shall include warranty service. Availability of maintenance personnel will be considered in the purchasing decision. # waffaAty FepaiF5 take fnelce than thFee (3) days, the City ef Fayetteville Fental ehafges C. NO Local servicing Dealers previous performance will be used in the determination of their ability to adequately support parts & service required for the unit(s). Service team of 5 located in Little Rock and in NE AR who are available for service 24/7. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Liberty M_ utum. SURETY CONTRACTOR: (Name, legal status and address) DC Sparks Construction, LLC 8871 Lola Jeane Lane Rogers, AR 72756 OWNER: (Name, legal status and address) City of Fayetteville, AR 113 W. Mountain Street Fayetteville, AR 72701 BOND AMOUNT: 5% of Bid Amount Bid Bond SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 175 Berkeley Street This document has Important Boston, MA 02116 legal consequences. Consultation with an attorney is encouraged with respect to MAILING ADDRESS FOR NOTICES: its completion or modification. Liberty Mutual Surety Claims P.O. Box 34526 Any singular reference to Seattle, WA 99124 Contractor, Surety, Owner or other party shall be considered plural where applicable. Five Percent of Bid Amount PROJECT: (Name, location or address, and Project number, if any) Bid 23-43, Construction - Overhead Crane The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. A , �- Signed and sealed this 13th day of November , 2023 DC Sparks Construction, LI.0 lWipiilsirAlexuj Sparks (Contractor as Principal) elonw.. c� (Title) (Seal) Ij , ,;,_ _,_ _ _I , ,,,, _ l FF'r The Ohio Casualty Insurance Company ,4 µs (Sureh) (Witness) Kiana M- Pumphrey i __ r,rL - 1919 o M (Title) Timothy A. Mikolajewski, Assistant Secretary BID-0021016 Init. — Liberty Mutual Surety vouches that the original text of this document conforms exactly to the 1 inns-208s2a 02121 in AIA Document A310-2010 Edition Bid Bond. 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. Liby mutual. The Ohio Casualty Insurance Company SURETY POWER OF ATTORNEY Principal: DC Sparks Construction, LLC Agency Name: ROGERS INSURANCE AGENCY INC Bond Number: BID-0021016 Obligee: City of Fayetteville, AR _ Bid Bond Amount. (5% of Hid Amount ) Five Percent of Bid Amount KNOW ALL PERSONS BY THESE PRESENTS: that The Ohio Casualty Insurance Company, a corporation duly organized under the laws of the State of New Hampshire (herein collectively called the "Company"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Timothy A. Mikolajewski in the city and state of Seattle, WA, 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 Company in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of the Company has been affixed thereto this 28th day of March, 2021. INS& tT01 �P 3 o m u c 1919 ui l 0 � �NAMV'S aa$ �h'1 � • to c m STATE OF PENNSYLVANIA � COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company By: David M. Carey, Assistant Secretary 6- 16 m On this 281h day of March, 2021, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of The Ohio Casualty Insurance Company and mthat 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 duly authorized a) > officer. 76 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Co O - gA PAOT �e Qxmmws.0 u! Pa ylrano Notary Seal Qy O �' V > y Teresa Paswle, Notary Pablla O 4 cr MonVomery County C C`6 Mycommissionexpkes March2a,2e25 By: Cmmisiim wn`�� :Z 112W" Teresa Pastella. Notary Public ��G M.VW. P—"ytA W.4-.1NoWd s M 4Ay fv Ln ft1 o •� This Power of Attorney Is made and executed pursuant to and by authority of the following By-law and Authorizations of The Ohio Casualty Insurance Company, which is now in full force E ai and effect reading as follows: ow a >, ARTICLE IV — OFFICERS: Section 12. Power of Attorney. c Any officer or other o(fidal 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 > m President may prescribe, shall appoint such altomeys-ln-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety Z U any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 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 altomeys+n- 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 or electronic signatures of any assistant secretary of the Company or facsimile or mechanically reproduced or electronic seal of the Company, wherever appearing upon a certified copy of any power of attorney or bond issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, of The Ohio Casualty Insurance Company do hereby certify that this power of attorney executed by said Company is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Company this I3th day of November , 2023 P01 INS& 3 lFo r1 r,Gdry� 0 1519 BY: Renee C. Llewellyn, Assistant Secretary � wHnwr�r.ea� eBonding_POA 11/14/23, 9:10AM Proposal Print Fleet Shop Overhead Crane Job Address: 1525 S Happy Hollow Rd., fay, AR 72701 DC Sparks Construction, LLC 8871 Lola Jeane Lane • Rogers, AR 72756 • Phone: 479-365-2889 Print Date: 11-14-2023 DC Sparks Proposal Scope of Work / Breakdown of Quote Thank you for allowing DC Sparks Construction, LLC the opportunity to bid this project for you. Based on the Project specifications dated 10/22/2023, DC Sparks Construction, LLC has put together a proposal with a breakdown of work included. The project is priced based on the specs unless otherwise noted in below breakdown. * Submittal Log and Submittals for all materials for approval by owner or owners rep. * Project Schedule showing completion of project. (Gantt Chart) * Surveying is excluded besides general layout required for construction. * All permits are excluded that are required by local governments. * Worker's Comp. and General Liability policies will be provided for this project. * 1 year material and workmanship warranty is included. * Any items not listed in the description below will be change order to the owner. * Exclusions: Permit. Waste Removal to be supplied by owner. * Project duration: 120 DAYS per Specifications. Crane 14 to 16 week lead time for shipment. https://buildertrend.net/app/LeadProposal/Print/8395431 1 /2 11/14/23, 9:10 AM Proposal Print 01-0000 - GENERAL REQUIREMENTS 01-0000 - GENERAL REQUIREMENTS Total: $33,328.84 11-0000 - EQUIPMENT Items Description 11-2000 - Commercial - 50,0001b Double Girder Overhead Bridge Crane Equipment - 2 to 3 weeks for approval drawings after receipt of order and down payment - 14 to 16 weeks for shipment after receipt of drawing approval 11-0000 - EQUIPMENT Total: $233,000.00 26-0000 - ELECTRICAL 26-0000 - ELECTRICAL Total: $6,000.00 Total Price: $272,328.84 I confirm that my action here Signature: Date: V 2- my electronic signature and is binding. Print Name: Ll On I E I j lL(Jmn https://buildertrend.net/app/LeadProposal/Print/8395431 2/2 Liberty Mutual.SURETY Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place oj'business) DC Sparks Construction, LLC The Ohio Casualty Insurance Company 175 Berkeley Street This document has Important 8871 Lola Jeane Lane Boston, MA 02116 legal consequences. Rogers, AR 72756 Consultation with an attorney is encouraged with respect to OWNER: MAILING ADDRESS FOR NOTICES: its completion or modification. (Name, legal status and address) Liberty Mutual Surety Claims City of Fayetteville, AR P.O. Box 34526 Any singular reference to Seattle WA 98124 Contractor, Surety, Owner or other party shall be considered 113 W. Mountain Street plural where applicable. Fayetteville, AR 72701 BOND AMOUNT: 5% of Bid Amount Five Percent of Bid Amount PROJECT: (Name, location or address, and Project number, if any) Bid 2343, Construction — Overhead Crane The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 13th day of November 2023 DC Sparks Construction, LLC (Wi ess Alexu Sparks (Contractor as Principal) V (Seal) Aawe. CFO `6f (Title) tJ _ :. � 4 `f The Ohio Casualty Insurance Company �Y w t�di�i^� (Witness) Kiana M_ Pumphrey 3 1919 1 A,. a� (Title) Timothy A. Mikolajewski, Assistant Secretary BID-0021016 Init. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text 1 LMS-20862a 02121 in A)A Document A310-2010 Edition Bid Bond. 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. Liberty The Ohio Casualty Insurance Company mutum. SURETY POWER OF ATTORNEY Principal: DC Sparks Construction, LLC Agency Name: ROGERS INSURANCE AGENCY INC Bond Number: BID-0021016 Obligee: City of Fayetteville, AR Bid Bard Arrount: (5% of laid Amount i Five Percent of Bid Amount KNOW ALL PERSONS BY THESE PRESENTS: that The Ohio Casualty Insurance Company, a corporation duly organized under the laws of the State of New Hampshire (herein collectively called the "Company"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Timothy A. Mikolajewskf in the city and state of Seattle, WA, 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 8s 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 Company in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of the Company has been affixed thereto this 28th day of March, 2021, rrl ar C : STATE OF PENNSYLVANIA t 71 COUNTY OF MONTGOMERY INS&q The Ohio Casualty Insurance Company P111 �J 24�pooy�r `92 °o n 0 1919 0 tit �N David M. Carey, Assistant Secretary On this 28th day of March, 2021, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of The Ohio Casualty 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 duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. / __ F W�4 Y.: \ Canmoniwaallh of Pennsylvania - Notary Seal ` } Teresa Paslelle, Notary Public C'd j Montgomery County My commission rxp6es March 26, 2a25 Commission nanber Ii2tio" ,� ':�,� 41"mtw, v«+rlsMw*a,itwarton of Nohrb 4Ay p�• This Power of Attorney is made and executed pursuant to and by authority of the following By-law and Authorizations of The Ohio Casualty Insurance Company, which is 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 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 undertakings, bonds, recognizances and other surely obligations. Such atiomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as 'd signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey�n-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. 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 aitomeys-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, recognlzances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature or electronic signatures of any assistant secretary of the Company or facsimile or mechanically reproduced or electronic seal of the Company, wherever appearing upon a cerfified copy of any power of attorney or bond issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, of The Ohio Casualty Insurance Company do hereby certify that this power of attorney executed by said Company is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Company this 13th day of November , 2023 `jY INSUA �J��owrogrr�``99T i�"`C� 0 1919 By: ° Renee C. Llewellyn, Assistant Secretary �'H,wvS",da3 eaonding_POA 67 CV a°C\J co 0 c� ro— � U om �W li o