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HomeMy WebLinkAbout196-02 RESOLUTIONRESOLUTION NO. 196-02 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO EAGLE SANDBLASTING AND PAINTING, INC. IN THE AMOUNT OF TWO HUNDRED NINETY-FIVE THOUSAND FOUR HUNDRED TWENTY-SEVEN DOLLARS ($295,427 00) FOR CLEANING AND REPAINTING THE RODGERS DRIVE AND GOSHEN WATER TANKS; APPROVAL OF A PROJECT CONTINGENCY IN THE AMOUNT OF TWENTY-NINE THOUSAND FIVE HUNDRED SEVENTY-THREE DOLLARS ($29,573.00); AND A BUDGET ADJUSTMENT IN THE AMOUNT OF EIGHTY ONE THOUSAND FOUR HUNDRED EIGHTY ONE DOLLARS ($81,481.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards a construction contract to Eagle Sandblasting and Painting, Inc. in the amount of Two Hundred Ninety -Five Thousand Four Hundred Twenty - Seven Dollars ($295,427.00) for cleaning and repainting the Rodgers Drive and Goshen water tanks Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Project Contingency in the amount of Twenty -Nine Thousand Five Hundred Seventy -Three Dollars ($29,573.fl0). Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Budget Adjustment in the amount of Eighty One Thousand Four Hundred Eighty One Dollars ($81,481.00) for same. PASSED and APPROVED this 17th day of December, 2002. .iL! naso By:41.all IiEATHER WOODRUFF, Clerk APPROVED: By • i NAME OF FILE: CROSS REFERENCE: Item # Date Resolution No.196-02 Document 1 12/17/02 Resolution # 196-02 2 12/04/02 Staff Review Form 3 Contract 4 11/25/02 Purchase Requisition 5 12/26/02 Memo from Heather Woodruff, City Clerk to Ron Petrie, Engineering NOTES: • STAFF REVIEW FORM • X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: December 17, 2002 FROM: Ron Petrie Name Engineering Public Works Division Department ACTION REQUIRED: 1.) Approval of a resolution awarding the construction contract in the amount of $295,427.00 with Eagle Sandblasting and Painting, Inc. for the repainting of the Rodgers Drive & Goshen water tanks. 2.) Approval of a project contingency in the amount of $29,573 for project needs including material testing, variations in final quantities, .... 3.) Approval of the attached budget adjustment. COST TO CITY: $325,000.00 Cost of this request 5400.5600.5808.00 Account Number 02031 Project Number $ 280,000.00 Tank Painting Category/Project Budget Program Category / Project Name $ Funds $ 36,481.00 Used to Date Water/Sewer Improvements Program / Project Category Name 243,519.00 Water/Sewer Fund Remaining Balance Fund Name BUDGET REVIEW: X Budgeted Item X Budget Adjustment Attached Budget Manager Date Administrative Services Director Date CONTRACT/GRAN LEASE REVIEW: Acco nting ManageG GRANTING AGENCY: 425Ie2Z- .77 A it Date Internal A itor City Atto ney Purchasing Manager Date ADA Coordinator Grant Coordinator /1/as/ate. Date Date Date STAFF RECOMMENDATION: Staff recommends approval of the actions listed above. • 1/ -ZS -02 Date Di Departm9Tit Director trati Services Director Date /Z 3 -o5 Date Mayor ate Cross Reference New Item: Yes Previous Ord/Res#: Orig. Contract Date Orig. Contract Number No Staff Review Form - Page 2 • Description Rodgers Drive & Goshen Water Tank Repainting Meeting Date December 17, 2002 Comments: Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8264 ENGINEERING DIVISION CORRESPONDENCE • TO: THRU: FROM: DATE: SUBJECT: Dan Coody, Mayor Fayetteville City Council Greg Boettcher, Public Work Director Jim Beavers, City Engineer, d. t3. Ron Petrie, Staff Engineer 119 November 25, 2002 Agenda Request for December 17, 2002 City Council Meeting Rodgers Drive and Goshen Water Tank Repainting 1. Project Background: This capital improvement project will provide the necessary maintenance to the Four million gallon ground storage tank on Rodgers Drive and the 300,000 gallon ground storage tank near the City of Goshen. The project consists of cleaning and repainting the exterior and interior of both tanks with spot repairs. McClelland Consulting Engineers provided the project specifications and will provide construction inspection. The Engineering Division will provide project management. 2. Staff Recommendations: The staff is in agreement with McClelland Consulting Engineers recommendation that the City Council award the construction contract to Eagle Sandblasting and Painting, Inc. and approve funding for a project contingency including materials testing, variations in final quantities, etc... for "Water Tank Repainting, Rodgers Drive Tank No. 2 and Goshen Tank." 3. Estimated Project Costs: Bids were opened on Wednesday, November 20'", 2002. The Engineer, McClelland Consulting Engineers, has reviewed the bids and recommends awarding the contract to the low bidder, Eagle Sandblasting and Painting, Inc., in the amount of $295,427.00 which is approximately 15% below the Engineer's estimate. The estimated total project costs including the project contingency for unforeseen project expenditures are as follows: Rodgers Drive & Goshen Tank Repainting $295,427.00 Protect Contingencv_f= W%) $x.573.00 TOTAL $325,000.00 4. Project Funding: This project will require a Budget Adjustment to move $81,481.00 from Project No. 02120, Water and Sewer Improvements — Defined by Study, to the Tank Repainting Project No. 02031. • EMcCLELLAND CONSULTING l DESIGNED ro SERVE i ENGINEERS, INC. P.O. Box 1229 Fayetteville, Arkansas 72702-1229 501-443-2377 FAX 501-443-9241 November 21, 2002 Mr. Ron Petrie, P.E. Staff Engineer City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Re: Tank Repainting Bid Opening Dear Mr. Petrie: NOV 22 lint dal Bids for repainting the Rodgers Drive Tank No. 2 and Goshen Tank were opened Wednesday, November 20, 2002 at 2:00 p.m. Three bids were received. The bids have been checked and tabulated, with a copy of the tabulation attached hereto. Each of the bidders is properly licensed and submitted proper bid bonds. The low bidder was Eagle Sandblasting and Painting, Inc. of Pleasant Plains, Arkansas, with a bid total of $295,427.00. This was below our engineer's estimate of $345,000.00. I have not worked with this firm, but they have painted tanks for our Little Rock office. I received a favorable recommendation from our Little Rock personnel, as well as from the reference that I called that was listed in their bid documents. Consequently, we recommend that the repainting contract be awarded to Eagle Sandblasting and Painting, Inc. Very truly yours, McClelland Consulting Engineers Robert W. White, P E Vice -President Encl: Bid Tabulation FY022160 Correspondence Petrie FY022160 Rodgers Drive Tank No. 2 and Goshen Tank 0 0 TEId 9 c; 0 v G) m N a n cmm Z B. m z Dcp T� m o m P D pNry Nsr Ncm0O Cn m z z ONIINIVd321 )IMd12131VM NOIIV1fleVi 0143 IITOTAL BASE BID (Items 1 through 7) -J O 01 11, CO N • Item Number Tank Renovation Work, Including New Manways, Roof Vent Screen, Overflow Pipe Screen, Level Indicator Maintenance and All Other Work Required for a Complete Installation, Goshen Tank Clean and Repaint Tank Interior, Disinfect I Tank, Goshen Tank Remove Cathodic Protection System and Repair Hand Holes, Rodgers Drive Tank Clean and Repaint Tank Interior, Disinfect Tank, Rodgers Drive Tank Clean and Repaint Tank Exterior Using Top Coating Procedure, Rodgers Drive Tank Description ork, for ighl Rec > Di fan J J J - ! J J Estimated Quantity Co LS Cn CO LS LS LS $295,427.00 * O O $24,940.00 49 N 4.1 91 o O m O 0 $1,000.00 49 sma CO OD tO 9 O 'E, NJ N 0) 0 Lump Sum Price Eagle Sandblasting and Painting, Inc. Pleasant Plains, AR. o N Of O O O to N (O 0 O O O $21,900.00 �I N O O 4 N in 0 O O $1,700.00 $211,600.00 v OD O O O Lump Sum Price Protective Linings & Coatings, Inc. Alexander, AR $374,800.00 1 �p A O O O O 00'OOL'OE$ (fl CO O O O O o 49 co O O0 O O W 0 0 O O $229,200.001 44 CD -CO O O Utility Service Co., Inc. Perry, GA Lump Sum Pr ice 9 c; 0 v G) m N a n cmm Z B. m z Dcp T� m o m P D pNry Nsr Ncm0O Cn m z z ONIINIVd321 )IMd12131VM NOIIV1fleVi 0143 • • DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into on the day of 200_, by and between Eagle Sandblasting & Painting, Inc., Pleasant Plains, AR, and the CITY OF FAYETTEVILLE, Arkansas. WITNESSETH: That Eagle Sandblasting & Painting, Inc., for the consideration hereinafter fully set out, hereby agrees with the CITY OF FAYETTEVILLE as follows: 1. That Eagle Sandblasting & Painting, Inc. shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Water Tank Repainting, Rodgers Drive Tank No. 2 and Goshen Tank, dated October, 2002. Advertisement for Bids Payment Bond Instructions to Bidders General Conditions Bid and acceptance thereof Supplemental Conditions Performance Bond Specifications 2. That the CITY OF FAYETTEVILLE hereby agrees to pay to Eagle Sandblasting & Painting, Inc. for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States the amount of: Two hundred ninety five thousand four hundred twenty seven dollars & 00/100 ($295,427.00). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 135 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. Liquidated Damages: CITY OF FAYETTEVILLE and Eagle Sandblasting & Painting, Inc. recognize that time is of the essence of this Agreement and the CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, the CITY OF FAYETTEVILLE and Eagle Sandblasting & Painting, Inc. agree that as liquidated damages for delay (but not as a penalty) Eagle Sandblasting & Painting, Inc. shall pay CITY OF FAYETTEVILLE Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. FY022160 Fayetteville Water Tank Repainting Section 00500 - 1 • • 5. That within 30 days of receipt of an approved payment request, the CITY OF FAYETTEVILLE shall make partial payments to Eagle Sandblasting & Painting, Inc. on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by Eagle Sandblasting & Painting, Inc., LESS the retainage provided in the General Conditions, which is to be withheld by the CITY OF FAYETTEVILLE until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the CITY OF FAYETTEVILLE. 6. That upon submission by Eagle Sandblasting & Painting, Inc. of evidence satisfactory to the CITY OF FAYETTEVILLE that all payrolls, material bills, and other costs incurred by Eagle Sandblasting & Painting, Inc. in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by Eagle Sandblasting & Painting, Inc. of all work covered by this Agreement and the acceptance of such work by the CITY OF FAYETTEVILLE. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the CITY OF FAYETTEVILLE shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, Eagle Sandblasting & Painting, Inc. shall, at his expense, within 5 days after the receipt of notice from the CITY OF FAYETTEVILLE, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the CITY OF FAYETTEVILLE. In such event, no further payment to Eagle Sandblasting & Painting, Inc. shall be deemed to be due under this Agreement until such new or additional secunty for the faithful performance of the work shall be furnished in manner and form satisfactory to the CITY OF FAYETTEVILLE. 8. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City council in advance of the change in scope, cost or fees. 9. 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 authonzed photocopying costs pursuant to the FOIA may be assessed for this compliance. FY022160 Fayetteville Water Tank Repainting Section 00500 - 2 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an onginal Contract. SEAL: WITNESSES: Secretary ATTEST: Eagle Sandblasting & Painting. Inc. CONTRACTOR By Robert Beet, President Title CITY OF FAYETTEVILLE, ARKANSAS OWNER FY022160 Fayetteville Water Tank Repainting Section 00500 - 3 Approvals:(k. - .m�.....M Mayor Department Director. Purchasing Manager. • Admin. Services Director. Budget Coordinator. •Data Processing Mgr. n r Requester. Ron Petrie ro r m CD co w rr r ro r w µ 0 N endor a: Vendor Name: New Eagle Sandblasting & Painting, Inc., Robert Beel Fess: FOB Point 136 Main Street Purchase Requisition Ina a much a oakd SHIPPING/HANDUNG Water Tank Repainting Rodg-ers Dr. I_ Tank No. 2 and Goshen Tank -_-_ ------Desoriptton: - - PLEASE RETURN PURCHASE ORDER TO ENGINEERING 4 N N. › fC 6 s Zip: 72568 325,000 5400-5600-5808.00 r-- Account Number. Ship To Code: 090 'Requesters Employee#: 1461 ; (.'C��j iN - w O w I N 0 9 3 «£77 3 .l 0 N A p r q Divis n Head proval:CAA op -1 N XN E o Q P.O. Number. Expected Delivery Date: ASAP Requisition No.: Dale: � 11-25-02 0 0 X N tm O O O O 0 Inventory s Il i I REQUEST FOENDOR FILE MAIfENANCE (CHECK ALL. AVAILABLE RESOURCES, VENDOR UST, ACCESS SYSTEM PRIOR TO SUBMISSION OF THIS REQUEST) DATE OF REQUEST: 11-25-02 REQUESTED BY: Mary Alice Berry DEPT/DIVISION: Public Works/Engineering EFFECTIVE DATE: ASAP TELEPHONE EXTENSION: 206 NEW VENDOR: X VENDOR CHANGE. VENDOR RE-ENTRY: VENDOR N: VENDOR #: VENDOR NAME: Eagle Sandblasting & Painting, Inc. STREET OR P.O. BOX: 136 Main Street - CITY: Pleasant Plains STATE: AR Zp CODE: 72568 ATTN: Robert Reel PHONE: 501-345-2542 REMITTANCE ADDRESS IF DIFFERENCE FROM ABOVE: NAME: ADDRESS: CITY, ST, ZIP: FEDERAL ID NUMBER: OR SOCIAL SECURITY NUMBER 71-0795641 TYPE OF ORGANIZATION CORPORATION (100): X PARTNERSHIP (200): INDIVIDUAL (300). EMPLOYEE (400): PENSION (500): RECIPIENT (600): NON-PROFIT (700): PURCHASING OFFICE USE ONLY NEW VENDOR: ENTERED BY: VENDOR CHANGES: DATE: VENDOR RE-ENTRY: G. L FILE: W-9 FORM MAILED: INVENTORY FILE: FAYETTEVILI.E THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Ron Petrie From: Heather Woodruff, City Clerk Date: December 26, 2002 Attached is a copy of Resolution 196-02 awarding a construction contract to Eagle Sandblasting and Painting, Inc. in the amount of $295,427.00 for cleaning and repainting the Roger Drive and Goshen water tanks. Please forward a signed contract, performance and payment bond and a signed copy of the plans and specification documents as soon as you receive them. The original resolution will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Auditor RESOLUTION NO. 196-02 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO EAGLE SANDBLASTING AND PAINTING, INC. IN THE AMOUNT OF TWO HUNDRED NINETY-FIVE THOUSAND FOUR HUNDRED TWENTY-SEVEN DOLLARS ($295,427.00) FOR CLEANING AND REPAINTING THE RODGERS DRIVE AND GOSHEN WATER TANKS; APPROVAL OF A PROJECT CONTINGENCY IN THE AMOUNT OF TWENTY-NINE THOUSAND FIVE HUNDRED SEVENTY-THREE DOLLARS ($29,573.00); AND A BUDGET ADJUSTMENT IN THE AMOUNT OF EIGHTY ONE THOUSAND FOUR HUNDRED EIGHTY ONE DOLLARS ($81,481.00) FOR SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards a construction contract to Eagle Sandblasting and Painting, Inc. in the amount of Two Hundred Ninety -Five Thousand Four Hundred Twenty - Seven Dollars ($295,427 00) for cleaning and repainting the Rodgers Drive and Goshen wateiftanks. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Project Contingency in the amount of Twenty -Nine Thousand Five Hundred Seventy -Three Dollars ($29,573.00). Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Budget Adjustment m the amount of Eighty One Thousand Four Hundred Eighty One Dollars ($81,481 00) for same. PASSED and APPROVED this 17th day of December, 2002. By: `a EATHER WOODRUFF, r Clerk APPROVED: By: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8206 ENGINEERING DIVISION CORRESPONDENCE TO: Heather Woodruff, City Clerk FROM: Ron Petrie, Staff Engineer DATE: January 14, 2003 SUBJECT: Rodgers Drive/Goshen Tank Repainting Contract Documents Please find attached four (4) sets of project manuals that have been prepared for the Mayor's signature. This contract was approved by Resolution No. 196-02 at the December 17, 2002 City Council meeting. One of the project manuals are for your records. Please return the remaining three to the Engineenng Division Thanks for your assistance. Do Vol RE/140V& Property of the City Clerk 1 S./GNCO 1 1 1 &..TtreTa TATER TANK REPAINTING e.JDGERS DRIVE TANK NO.. 2 FOUR MILLION GALLON WELDED STEEL GROUND STORAGE TANK AND GO.SHEN TANK 300,000 WELDED STEEL GROUND STORAGE TANK 196 °a- 1 FAYETTEVILLE ENGINEERING DEPARTMENT CITY OF FAYETTEVILLE, ARKANSAS 1 1 1 1 1 1 1 1 1 1 1 1 FAY EMMEN/ I I_LLE PROJECT NO. FY022160 OCTOBER 2002 McClelland Convoking Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702.1229 (479)443.2377 Vei€;1111CITC17) JAN 1 4 2003 PART/SECTION Ng TABLE OF CONTENTS (FY022160) SUBJECT PAGE Ns PART I BIDDING REQUIREMENTS 00030 Advertisement for Bids 1-2 00100 Instructions to Bidder 1-6 00200 Information Available to Bidders 1 00300 Bid Form Lump Sum 1-7 00350 Bid Bond 1-2 00360 Notice of Award 1 PART II CONTRACT FORMS 00500 Contract 1-3 00600-1 Performance Bond 1-2 00600-2 Payment Bond 1-2 Maintenance Bond 1 Contractor's Affidavit 1 Notice to Proceed 1 PART III CONDITIONS OF THE CONTRACT 00700 General Conditions 00800 Supplementary Conditions 1 PART IV DIVISION 1 01000 01009 01011 01014 01016 01027 01028 01070 01210 01300 01311 01400 01500 01600 1-34 1-4 SPECIFICATIONS GENERAL REQUIREMENTS Abbreviations 1-2 Summary of Work 1-4 Site Conditions 1-2 Protection of the Environment 1-2 Safety Requirements and Protection of Property 1-4 Application for Payment 1-2 Change Order Procedures 1-3 Cutting and Patching 1-3 Preconstruction Conferences 1-2 Submittals During Construction 1-6 Schedule & Sequence of Operations 1-3 Quality Control 1-3 Temporary Construction Facilities and Utilities 1-4 Material and Equipment Shipment, Handling, Storage, and Protection 1-3 01700 Contract Closeout 01710 Clean -Up 01720 Project Record Documents 1-3 1-2 1-3 TABLE OF CONTENTS PART/SECTION N4 SUBJECT PAGE N° DIVISION 2 SITE WORK 02150 Storm Water Pollution Prevention 1-4 DIVISION 5 METALS 05902 Tank Renovation 1-4 DIVISION 9 FINISHES 09900 Painting 1-18 APPENDIX TO SECTION 09900 A. Existing Rodgers Drive Tank Paint Laboratory Reports B. Paint Data Sheets for Paint Used on Goshen Tank APPENDIX A Arkansas State Licensing Law for Contractors DOCUMENT 00030 ADVERTISMENT FOR BIDS BID # 02-65 Bids: PROJECT: WATER TANK REPAINTING, RODGERS DRIVE TANK NO 2, AND GOSHEN TANK, CITY OF FAYETTEVILLE MCE Project No.: FY022160 McClelland Consulting Engineers, Inc. 1810 North College P.O. Box 1229 Fayetteville, Arkansas 72701 Phone: (479) 443-2377 The City of Fayetteville will receive sealed bids for repainting a 4 million gallon welded steel ground storage water tank, located on Rodgers Drive. The tank is 140 feet in diameter and has a 36 foot water depth. The existing cathodic protection system shall be removed. The Rodgers Drive tank has been drained and prospective Bidders may inspect it during the mandatory Pre - Bid Conference to be held at the Rodgers Drive Tank site. Bids will include repainting a 300,000 gallon welded steel tank located at Goshen. The Goshen tank is 38 feet in diameter and has a 36 ft — 4 inch side wall height. The Goshen tank has not been drained for inspection. Bids shall be on a lump sum basis. The City of Fayetteville, Arkansas will receive Bids until 2:00 p.m., local time Wednesday, at November 20, 2002, at the Office of the Purchasing Officer located in Room 306, 113 W. Mountain, Fayetteville, Arkansas. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time. All interested parties are invited to attend. A mandatory Pre -Bid Conference will be held at the Rodgers Drive Tank site at 10:00 a.m. on Wednesday, November 13, 2002. All Bidders must attend this conference. Bids will not be opened from Bidders who did not have a representative attend the Pre -Bid Conference. Bidding Documents may be examined at the offices of the Engineer and at: ABC Plans Room c/o Southern Reprographics 2905 Point Circle Fayetteville, AR 72704 F.W. Dodge Reports 5100 East Skelly Suite 1010 Tulsa, OK 74135 FY022160 Fayetteville Water Tank Repainting Construction Market Data P.O. Box 1109 (72203) 1501 N. Pierce, Suite 101 Little Rock, AR 72207 Section 00030- 1 Copies of the Bidding documents may be obtained at the Engineer's office in accordance with the Instructions to Bidders upon paying the sum of $70.00 for each set of documents. Return of documents is not required, and amount paid for documents is not refundable. Partial sets are not available. Each Bid must be submitted on the prescribed form and accompanied by a certified check or bid bond executed on the prescribed form, payable to the City of Fayetteville, Arkansas in an amount not less than 5 percent of the amount bid. For information concerning the proposed work, contact Robert W. White, P.E., at the Engineers office. The attention of the Bidder is directed to the applicable federal and state requirements and conditions of employment to be observed and minimum wage rates to be paid under this Contract. "Pursuant to Arkansas Code Annotated §22-9-203 Arkansas State Building Services encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, Arkansas State Building Services encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises." The Owner reserves the right to waive irregularities and to reject bids and to postpone the award of the Contract for a period of time which shall not exceed beyond 90 days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS By: Peggy Vice, Purchasing Officer Publication: Bid #: 02-65 FY022160 Fayetteville Water Tank Repainting Section 00030- 2 DOCUMENT 00100 INSTRUCTIONS TO BIDDERS PARAGRAPH NO./TITLE PAGE NO. 1. FORMAT 1 2. SPECIFICATION LANGUAGE 1 3. GENERAL DESCRIPTION OF THE PROJECT 1 4. QUALIFICATION OF CONTRACTORS 1 5. DOCUMENT INTERPRETATION 6. BIDDER'S UNDERSTANDING 2 7. PROJECT MANUAL AND DRAWINGS 2 8. TYPE OF BID 2 9. TRENCH AND EXCAVATION SAFETY SYSTEM 2 10. ALTERNATES 3 11. PRE-BID CONFERENCE 3 12. PREPARATION OF BIDS 3 13. STATE AND LOCAL SALES AND USE TAXES 3 14. SUBMISSION OF BIDS 3 15. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID 4 16. WITHDRAWAL OF BID 4 17. BID SECURITY 4 18. RETURN OF BID SECURITY 4 19. AWARD OF CONTRACT 5 20. BASIS OF AWARD 5 21. EXECUTION OF CONTRACT 5 22. PERFORMANCE AND PAYMENT BONDS AND MAINTENACE BOND 5 23. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND 6 24. PERFORMANCE OF WORK BY CONTRACTOR 6 25. TIME OF COMPLETION 6 26. PROVIDING REQUIRED INSURANCE 6 DOCUMENT 00100 INSTRUCTIONS TO BIDDERS 1. FORMAT The Contract Documents are divided into Parts, Divisions, and Sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification Sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the Project. 2. SPECIFICATION LANGUAGE "Command" type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT A general description of the Work to be done is contained in the ADVERTISEMENT FOR BIDS. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 4. QUALIFICATION OF CONTRACTORS The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. Before a Contract will be awarded for the work contemplated herein, the Owner will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified under this Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. 5. DOCUMENT INTERPRETATION The Contract Documents governing the Work proposed herein consist of the Drawings and all material bound herewith These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed Work Any person contemplating the submission of a Bid shall have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (received by the Engineer at least 5 working days prior to bid opening) an interpretation thereof. FY022160 Fayetteville Water Tank Repainting Section 00100 - 1 Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their Bids, or indicate receipt, of all Addenda. The Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. 6. BIDDER'S UNDERSTANDING Each Bidder must inform himself of the conditions relating to the execution of the Work, and it is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated Work in strict accordance with the Contract Documents. It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. Information derived from topographic maps, or from Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the teams of the Contract Documents. Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal, state, and local laws, statutes, and ordinances relative to the execution of the Work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and nonburning requirements, permits, fees, contractor's license, nonresident contractors' notice and bond requirements, and similar subjects. 7. PROJECT MANUAL AND DRAWINGS No return of Drawings is required and no refund will be made. The successful bidder will be furnished three sets of Documents without charge. Any additional copies required will be furnished to the Contractor at $70.00 per set. Partial sets will not be available. 8. TYPE OF BID Lump sum price shall be submitted in the appropriate place on the Bid form. The total amount to be paid to the Contractor shall be the total amount of the lump sum price items as adjusted based on quantities installed and/or and adjustment for additions or deletions resulting from additive or deductive bid alternates or change orders during construction. 9. TRENCH AND EXCAVATION SAFETY SYSTEM Not Applicable FY022160 Fayetteville Water Tank Repainting Section 00100 - 2 10. ALTERNATES Not used. 11. PRE-BID CONFERENCE A mandatory Pre -Bid Conference will be held at the time and location listed in the Advertisement for Bids. A roster of attendees will be made at the conference. Bids will not be accepted from any prospective bidder that did not have a representative at the Pre -Bid Conference The conference will be held at the Rodgers Drive Tank site, and Tank No. 2 will be available for inspection at that time. 12. PREPARATION OF BIDS All blank spaces on the Bid Form must be filled in, preferably in BLACK ink, in both words and figures where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in cases of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit prices will prevail. Any Bid shall be deemed informal which contains material omissions, or irregularities, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published ADVERTISEMENT FOR BIDS. Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for Work contemplated, all bids in which such Bidder is interested will be rejected. The Bidder shall sign his Bid Form on the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or sole proprietorship, the true name of the firm shall be set forth above, together with the signature of the sole proprietor, partner or partners authorized to sign Contracts in behalf of the firm. If signature is by an agent, other than an officer of a corporation or a member of a partnership or sole proprietor, a notarized power-of- attorney must be on file with the Owner prior to opening of bids or submitted with the Bid. 13. STATE AND LOCAL SALES AND USE TAXES Unless the Supplementary Conditions contains a statement that the Owner is exempt from state sales tax on materials incorporated into the Work due to the qualification of the Work under this Contract, all state and local sales and use taxes, as required by the laws and statutes of the state and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Bid shall include all nonexempt sales and use taxes, unless provision is made in the Bid Form to separately itemize the tax. 14. SUBMISSION OF BIDS All Bids must be submitted, not later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS. Bids must be made on the Bid Form FY022160 Fayetteville Water Tank Repainting Section 00100 - 3 provided herein. Each Bid must be submitted in a sealed envelope, so marked as to indicate its contents without being opened, and addressed in conformance with the instructions in the ADVERTISEMENT FOR BIDS 15. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID Any Bidder may modify his bid by telegraphic or written communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time The telegraphic or written communication should not reveal the bid price; it shall, however, state the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. 16. WITHDRAWAL OF BID Any Bid may be withdrawn prior to the scheduled time for the opening of bids either by telegraphic or written request, or in person. No Bid may be withdrawn after the time scheduled for opening of Bids, unless the time specified in Item, AWARD OF CONTRACT, of these INSTRUCTIONS TO BIDDERS shall have elapsed. 17. BID SECURITY Bids must be accompanied by cash, a certified check, or cashier's check drawn on a bank in good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State where the Work is located, in the amount of 5 percent of the total amount of the Bid submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw his Bid for a period of 90 days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified. The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All bid bonds and Contract bonds shall be executed by a LICENSED RESIDENT AGENT of the surety having his place of business in the STATE OF ARKANSAS and in all ways complying with the laws of the State of Arkansas. The mere countersigning of a bond will not be sufficient. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially thereto in form and content. 18. RETURN OF BID SECURITY Within 15 days after the award of the Contract, the Owner will retum the bid securities to all Bidders whose Bids are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders' bonds and any guarantees which have been forfeited, will be retumed to the respective Bidders whose Bids they accompanied. FY022160 Fayetteville Water Tank Repainting Section 00100 - 4 19. AWARD OF CONTRACT Within 90 calendar days after the opening of Bids, unless otherwise stated in the ADVERTISEMENT FOR BIDS or SUPPLEMENTARY CONDITIONS of these Documents, the Owner will accept one of the Bids or will act in accordance with BASIS OF AWARD, below. The acceptance of the Bid will be by written notice of award, mailed or delivered to the office designated on the Bid Form. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Contract with acceptable Performance and Payment Bonds, as prescribed herein, the Owner may award the Contract to the next lowest responsible and responsive qualified Bidder. Such award, if made, will be made within 90 days after the opening of Bids. 20. BASIS OF AWARD If, at the time this Contract is to be awarded, the Total Base Bid of the lowest acceptable Bid exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner's interests. 21. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 15 consecutive days after receiving the signed Contract with acceptable bonds from the successful Bidder, the Owner's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract The successful bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. 22. PERFORMANCE AND PAYMENT BONDS AND MAINTENANCE BOND The successful Bidder shall file with the Owner a Performance Bond, a Payment Bond, and a Maintenance Bond on the form bound herewith, each in the full amount of the Contract Price in accordance with the requirements of the State of Arkansas as applicable, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the construction of the Work, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the date of final acceptance of the Work by the Owner. The Maintenance Bond shall provide coverage for 2 years after the date of Substantial Completion. The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to the Owner, shall be authorized to do business in the State of Arkansas, and shall be listed on the current U. S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. FY022160 Fayetteville Water Tank Repainting Section 00100 - 5 If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the project is located or it ceases to meet the requirements of the preceding paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. The Attorney -in -Fact (Resident Agent) who executes this Performance Bond, Payment Bond and Maintenance Bond in behalf of the Surety must attach a notarized copy of his power-of- attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the same date. The Maintenance Bond shall be dated based on the date of Substantial Completion. 23. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND The Bidder who has a Contract awarded to him and who fails to properly execute the Contract and furnish the Performance Bond and Payment Bond, within the time frame stipulated elsewhere in these documents, shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the Owner, and it is agreed that this sum is a fair estimate of the amount of damages the Owner will sustain in case the Bidder fails to enter into a Contract and furnish the bond as hereinbefore provided. Bid security deposited in the form of cash, a certified check, or cashier's check shall be subject to the same requirements as a Bid Bond. 24. PERFORMANCE OF WORK BY CONTRACTOR The Contractor shall perform on the site and with his own organization, work equivalent to at least forty percent of the total amount of the work to be performed under this Contract. If, during the progress of the Work hereunder, the Contractor requests a reduction of such percentage, and the Engineer determines that it would be to the Owner's advantage, the percentage of the work required to be performed by the Contractor's own organization may be reduced, PROVIDED prior written approval of such reduction is obtained by the Contractor from the Engineer. 25. TIME OF COMPLETION The time of completion of the Work to be performed under this Contract is of the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions stated in Document 00700 - GENERAL CONDITIONS. The time allowed for the completion of the Work is stated in Document 00500 - Contract. 26. PROVIDING REQUIRED INSURANCE The Bidder's attention is directed to the insurance requirements set forth in the General Conditions (amended in the Supplementary Conditions, if appropriate). Submittal of a bid indicates full understanding and intent to comply with the insurance requirements which are a condition of the contract. FY022160 Fayetteville Water Tank Repainting Section 00100 - 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DOCUMENT 00200 INFORMATION AVAILABLE TO BIDDERS PART 1. GENERAL 1.1 SECTION INCLUDES 1. Arkansas Prevailing Wage Determination Number 02-166. 2. Location map for tank sites. 3. Tank Photographs. PART 2. PRODUCTS Not Used. PART 3. EXECUTION Not Used. END OF SECTION FY022160 Fayetteville Water Tank Repainting Section 00200 - 1 Mike Huckabee Governor Ms. Sherry Beel Eagle Sandblasting & Painting 136 Main St. Pleasant Plains, AR 72568 Dear Ms. Beel: RECEIVED JAN 1 3 2003 STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 • FAX: (501) 682-4535 • TDD: (800) 285-1131 January 9, 2003 Re: Water Tank Repainting Rodgers Drive No. 2 & Goshen Fayetteville, Arkansas Washington County Determination #02-166 4-tR James L Salkeld Director Listed below is the minimum rate required for the classification omitted on the above - referenced project. Please be advised that you may object to the department's decision by filing a written objection with the department within five (5) days of receipt of this notice. Classification Painter Basic Hourly Rate Fringe Benefits $8 70 -0- Should you have any questions or if additional classifications are needed, please feel free to contact me at the above -address or call (501) 682-4536. Sincerely,_ / Don Cash Prevailing Wage Supervisor CC: Robert W. White, McClelland Consulting Engineers, Inc. • Mike Huckabee Go•emor Robert W. White McClelland Consulting Engineers, Inc. PO Box 1229 Fayetteville, AR 72732 Dear Mr. White: RECEIVED OCT 2 4 2002; STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 • FAX: (501) 682-4535 • TOD: (800) 285-1131 October 21, 2002 Re: Water Tank Repainting Rodgers Drive No. 2 & Goshen Fayetteville, Arkansas Washington County James L. Salkeld Director In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 02-166 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann. § 22-9-308 (b) (2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. § 22-9-308 (c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. § 22-9-309 (a). Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. When you issue the Notice to Proceed for this project, please mail or fax a copy of the notice to my office. If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4508. Enclosures Sincerely, Don Cash Prevailing Wage Supervisor