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HomeMy WebLinkAbout210-10 RESOLUTIONRESOLUTION NO. 210-10 A RESOLUTION AWARDING BID #10-66 AND AUTHORIZING THE CONSTRUCTION AND INSTALLATION OF ELECTRICAL GENERATORS BY HECKATHORN CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $78,502.00 FOR USE BY THE FIRE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #10-66 and authorizes the construction and installation of electrical generators by Heckathom Construction Company, Inc. in the amount of $78,502.00 for use by the fire department. PASSED and APPROVED this 7th day of December, 2010. APPROVED: B ATTEST: By: tKa te,-, 6, � SONDRA E. SMITH, City Clerk/Treasurer David Dayringer Submitted By City of Fayetteville Staff Review Form City Council Agenda items and Contracts, Leases or Agreements 12/7/2010 City Council Meeting Date Agenda Items Only Fire Division Action Required: Fire Department A Resolution awarding Bid 10-66, Construction - Fire Department Generators Re -Bid to and approving a contract with Heckathorn Construction Company, Inc. in the amount of $78,502.00 and approving an approximate 10% project contingency in the amount of $8,000.00. $86,502.00 Cost of this request 2300.9300.5801.04 4470.9470.5801.00 4470.9470.5801.00 Account Number 07003/1001 02006/1 10019/1 Project Number Budgeted Item 18,641.00 25,000.00 60,000.00 Category / Project Budget 11,248.92 $ 3,178.00 Funds Used to Date 89,214.08 Remaining Balance Budget Adjustment Attached ((-,',' ,i Date 11-n-261 Finan eland Internal Services Director Date Chi of Staff Date -4Vbe t/Maor D Fire Impact Fee Improvements Fire Facility Maintenance Fire Station #1 Generator Program Category / Project Name Fire Improvements Fire Improvements Fire improvements Program / Project Category Name Impact Fee Sales Tax Capital Improvements Sales Tax Capital Improvements Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office 11-14f-1 0it1 1 :32 RCV[ _ Comments: Revised January 15, 2009 ave ev! le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan & City Council From: David Dayringer, Fire Chie Date: December 7, 2010 Subject: A Resolution awarding Bid 10-66 Construction — Fire Department Generators Re -Bid to and approving a contract with Heckathom Construction Company, Inc. in the amount of $78,502.00 and approving an approximate 10% project contingency in the amount of $8,000.00. PROPOSAL: During the Ice Storm of 2009 preparation for emergency power had only been partially completed, resulting in total loss of or inadequate power in five of the Fire Department's locations, including Fire Stations 1, 2, & 5, the airport Fire Station, and the Fire Marshal's Office. Crews were operating without adequate communication, heat, phones, lights, etc. at those locations. As part of the expanded Disaster Response Improvement Plan, the Fire Department has identified this generator project as a top priority. The City Council has addressed this critical need in the 2010 Sales Tax Capital Improvement Program, which will also be presented to the Equipment Committee for approval on November 30, 2010. The City of Fayetteville Fire Department proposes adding additional emergency generators along with revisions to, and/or the relocation of existing generators at multiple locations. The planned upgrades include the purchase of a new emergency generator for Fire Station #1, the installation of a relocated generator at Fire Station #2, and revised circuiting at Fire Station #5 to include heating on the emergency panel. RECOMMENDATION: Sealed formal bids for the construction and installation of generators for the Fire Department were publicly read and. the results are attached to this memo. Staff recommends awarding Bid 10-66 Construction — Fire Department Generators Re -Bid to and approving a contract with Heckathom Construction Company, Inc. for the amount of $78,502.00 for the aforementioned materials and services and approving an approximate 10% project contingency in the amount of $8,000.00. BUDGET IMPACT: $18,641.00 of expenditures for this project will qualify for the use of Fire Impact Fee Funds. The remaining balance has been budgeted in the Sales Tax Capital Improvement Fund. RESOLUTION NO. A RESOLUTION AWARDING BID. #10-66 AND AUTHORIZING THE CONSTRUCTION AND INSTALLATION OF ELECTRICAL GENERATORS BY HECKATHORN CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $78,502.00 FOR USE BY THE FIRE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #10-66 and authorizes the construction and installation of electrical generators by Heckathorn Construction Company, Inc. in the amount of $78,502.00 for use by the fire department. PASSED and APPROVED this 7th day of December, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Bid 10-66, Construction — Fire Department Generators Re -Bid Draft Contract — Between City and Contractor This contract executed this 74 day of DQi githel 2010, between the City of Fayetteville, Arkansas, and Heckathorn Construction Company, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Heckathorn Construction Company, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax, permits, and all other accessories and services necessary to complete items bid per Bid 10-66 as stated in Heckathorn Construction Company, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 10-66, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Heckathorn Construction Company, Inc. based on their bid proposal in an amount not to exceed $78,502.00. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Heckathorn Construction Company, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 10-66 with the specifications and conditions typed thereon. B. Heckathorn Construction Company, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Heckathorn Construction Company, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Heckathorn Construction Company, Inc. 5. Heckathorn Construction Company, Inc. shall not assign its duties under the terms of this agreement. 6. Heckathorn Construction Company, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Heckathorn Construction Company, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Heckathorn Construction Company, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Heckathorn Construction Company, Inc. 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. City of Fayetteville, Arkansas Bid 10-66, Construction — Fire Department Generators Re -Bid Page 1 of 2 Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Heckathorn Construction Company, Inc. 8. Heckathorn Construction Company, Inc. shall furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Heckathorn Construction Company, Inc. with 10 days written notice. 10. Freedom of Information Act: City of Fayetteville 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 mariner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS 7 DAY OF Posa Le, , 2010. A EST: COMP N SECRETARY mss,_ Y OF FAYETTEVILLE, AYETT LE, A NSAS Janet S. Heckathorn, Secretary 1880 North Birch Avenue: Fayetteville, AR 72703 BUSINESS ADDRESS City of Fayetteville, Arkansas Bid 10-66, Construction — Fire Department Generators Re -Bid Page 2 of 2 HeckatCons B rr 00 •�� :FAYETTEVILLE: iz CJa�w /G mGNm+Gee�`r Inc. President NA A TITL Don L. Heckathorn aye evi le ARKANSAS Project Check List Bid 10-G6, Construction — Fire Department Generators Re -Bid 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 reauirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting ail requirements of the Specifications concerning the preparation of an. acceptable bld. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement, x 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) - In lieu of a bid bond, the bidder may submit a cashier's check for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking- acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. Ali bidders shall submit a "Statement of Disclosure" on such form provided with the bid documents, All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents Alt .bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractors License Number. CONTRACTOR NAME: City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 Heckathorn Construction Company, Inc. ARKANSAS CONTRACTORS LICENSE NUMBER: 0023780411 City of Fayetteville, AR Bid 10-66, Construction — Fire Department Generators Re -Bid Page 3 of 47 INVITATION TO BID le City of Fayetteville, Arkansas Purchasing Division -- Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8220 ARKANSAS TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: BID 10-66, Construction — Fire Department Generators DEADLINE: Thursday, October 28, 2010 before 2:00 PM, local time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforenna ci:favetteviile.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: October 14, 2010 and October 21, 2010 INVITATION TO BID BID 10-66. Construction —Fire Department Generators Re -Bid No late bids will be accepted. Bids shall- be submitted in sealed envelopes labeled "Bid 10-66, Construction — Fire Department Generators Re -Bid" with the name and address of the bidder. 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. No pre-bid conference will be held for this bid. Ali questions should be directed to Andrea Foren via e-mail NOTICE TO ALL BIDDERS: All vendors intending on bidding SHALL register as a plan holder by notifying Andrea Foren, Purchasing Agent, via e-mail at aforenCcci.favetteville.ar.us. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER.. CAN RESULT IN YOUR BID BEING REJECTED. Bidder assumes all responsibility for receiving updates and any addenda issued to this project by monitoring www. accessfa yetteville. orq. Failure to acknowledge addenda issued as instructed could" result in rejection of such bid. City of Fayetteville, AR Bid 10-66, Construction — Fire Department Generators Re -Bid Page 1 of 47 Project Manual CITY OF FAYETTEVILLE ARKANSAS CONSTRUCTION — INSTALLATION OF FIRE DEPARTMENT GENERATORS BID # 10-66 Date: October 2010 City of Fayetteville, AR - Bid 10-66, Construction -- Fire Department Generators Re -Bid Page 2 of 47 aye evi le ARKANSAS Prosect Check List Bid 10-66, Construction - Fire Department Generators Re -Bid This checklist is for the Bidder's use In preparing & submitting a bid. It is not intended to include all cIetails necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting ail 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.) In lieu of a bid bond, the bidder may submit a cashier's check for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be- appropriately filled out and extended t© reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All bidders shall submit a "Statement of Disclosure" on such form provided with the bid documents. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All .bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractors License Number. CONTRACTOR NAME: City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 Heckathorn Construction Company, Inc. ARKANSAS CONTRACTORS LICENSE NUMBER: . 0023780411 City of Fayetteville, AR Bid 10-66, Construction - Fire Department Generators Re -Bid Page 3 of 47 City of Fayetteville, AR Bid l0 -O8, Construction — Fire Department Generators Re -Bid Project Manual Index SECTION: PAGE NUMBER Advertisement - 5 Bid Form_ 6 Terms & Conditions 7 Instructions to Bidders 10 Section 16051 — General Electrical Requirements 18 Section 16120 — Conductors and Cables - 25 Section 16130 — Raceways and Boxes 29 Section 16415 — Transfer Switches 34 Generator #1 — Fire Station #1 (Reference Sheet El) 39 Draft Contract 45 Statement of No -Bid (If Applicable) 47 ATTACHMENTS: # QF PAGES A) Arkansas Department of Labor Prevailing Wages 4 Pages B) Drawings (11X17) — Includes the following sheets: 4 Sheets Total - Sheet 1: El - Sheet 2: E2 - Sheet 3: E3 • City of Fayetteville, AR Bid 10-66, Construction — Fire Department Generators Re -Bid Page 4 of 47, - City of Fayetteville Bid 10-66, Construction — Fire Department Generators Re -Bid Advertisement: 10/14/10 & 10/21/10 The City of Fayetteville is accepting bids from properly [€tensed general contractors to bid on a project for the installation of generators for the Fayetteville Fire Department, in Fayetteville, AR. Any questions shall be addressed to Andrea Foren, City of Fayetteville Purchasing Agent at aforen(dtci:favetteville.ar.us or by calling (479) 575-8220. Bids must be submitted in a sealed envelope or package labeled 'Bid 10-66, Construction — Fire Department Generators Re -Bid". All bids shall be received before 2:00 PM, local time on Thursday, October 28_, 2010 to the City of Fayetteville, Purchasing Division - Room 306, 113 W. Mountain, Fayetteville, Arkansas 72701. Bidding documents and plans must be obtained by contacting the City Purchasing Division. Documents are available via e-mail. Plans can also be reviewed at the Fayetteville Purchasing Division, as listed below. City of Fayetteville — City Hall Purchasing Division — Attention: Andrea Foren 113 W. Mountain, Suite 306 Fayetteville, AR 72701 Phone: 479.575.8220 E -Mail: aforenaci.favetteville.ar.us All vendors intending on bidding SHALL register as a plan holder by notifying Andrea Foren, Purchasing Agent, via e-mail at aforen ct~D.ci.favetteville.ar.us. When registering as a plan holder, vendors shall submit primary contact information Including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Each bid must be accompanied by a certified check or bid bond, in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is. required with a contract awarded amount of $20,000.00 or more. A State of Arkansas Contractor's License is required for any bid exceeding $20,000.00. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all 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 of time which shall not exceed beyond ninety days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, CPPB, City of Fayetteville, Purchasing Agent Ad Dates: 10/14/10 & 10/21/10 City of Fayetteville, AR Bid 10-66, Construction — Fire Department Generators Re -Bid Page 5 of 47 Bid 10-66, Construction - Fire Department Generators Re -Bid Bid Form BASE BID ITEM# DESCRIPTION UNIT QTY. TOTAL 1 Turn -key price for all scope of work as specified L.S. 1.00 18,, SU Z ice, ®Ta p -gy TOTAL BASE BID PRICE (will be used for bid evaluation and award) $ t 3'50 Bid evaluation and award will be based on "Total Base Bid Price". Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Respectfully submitted. Firm Name By Address City try . ion Company, Inc. 1880 North Birch Avenue Don L. Heckathorn, President Fayetteville State Arkansas "" Arkansas State Contractor's License Number 0023780411 Attested by: W Janet S. Heckathorn, **A Contractor's License is required to bid this project. This project requires a five (S) percent bid bond Secretary at time of bid opening. After contract award, a one hundred (100) percent performance and payment ,41, bond is required along with proof of insurance before construction begins. Acknowledge Addenda: Add. No. Acknowledged by Add. No. Acknowledged by Add. No. Acknowledged by Add. No. Acknowledged by Add. No. Acknowledged by City of Fayetteville, AR Bid 14-66 Page 6 of 47 City of Fayetteville Bid 10-66, Construction -Fire Department Generators Re -Bid Terms and Conditions 1. All bids shall be submitted in a sealed envelope and must be submitted on forms acquired by the vendor from the City of Fayetteville Purchasing website (www.accessfavetteville.orq). Bids with missing pages or missing any requested attachment are subject to being deemed incomplete. 2. The item bid and the bid number shall be stated on the face of the sealed bid envelope. 3. Bids received after the date and time set for receiving bids will not be considered. 4. The City reserves the right to accept or reject any or all bids, waive formalities in the bidding and make a bid award deemed to be in the best interest of the City. 5. 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. 6. The quantities listed are based on the needs of the City and availability of funds at the time bids are posted. The City shall be able to purchase more or less than the quantity indicated subject to availability of funds or change in needs. 7. The bld price shall remain good and firm until project is. completed. Payment to the vendor by the City will be made within 30 days following delivery and acceptance in accordance with these specifications and the City's Purchase Order to the -vendor. Faster payment is offered through acceptance of Visa. 8. All products delivered shall comply with applicable standards of quality. 9. Any exceptions to the specification requirements of the City of Fayetteville must be noted on the Bid Form. 10. All bids shall include all costs including but not limited to applicable sales tax, use tax, permits, insurance, materials, labor; etc. There are NO provisions in this bid for a contractor to avoid taxes. The City of Fayetteville is not a tax exempt entity. 11. Each bidder shall state on the face of the bid form the anticipated number of days from the date of receipt of an order for delivery of equipment and installation to the City of Fayetteville, Failure to deliver on or before the time specified in the contract may subject the contractor to payment of damages or other appropriate sanctions. 12. Copy of the warranty shall accompany the bid, and any exceptions to the warranty shall be clearly noted on the bid form. Written warranties shall specify the greater of the manufacturer's standard- warranty or the minimum warranty specified herein by the City. 13. 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 boa.ne by the bidder. 14. The City reserves the right to request any additional information it deems necessary from any or all City of Fayetteville, AR Bid 10-66, Construction — Fire Department Generators Re -Bid Page 7 of 47 bidders after the submission deadline. 15. 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 of bid. 18. If products and/or components other than those described in this bid document . are proposed, the bidder must include complete descriptive literature and technic& specifications. All requests for additional information must be received within five working days following the request. Each apparent low bid will be reviewed line by line to ensure compliance with specifications prior to recommendation for award. 17. Bids must be received by mail or hand delivery in the Purchasing Office, Room 306, 113 W. Mountain St. Fayetteville, AR 72701, on or before the time of closing listed on the face of the bid. No bids shall be accepted via e-mail or fax. 18. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at (479) 575-8220 to insure receipt of their bid documents prior to opening time and date listed on the bid form. 19. Items bid must be delivered FOB to each job site. Units must be fully assembled, serviced, and ready for operation as delivered unless otherwise specified. No dealer/distributor logo or other identification will be installed other than standard manufacturer name badges and specification plates. 20. Any discrepancy between the specifications and plans should be brought to attention immediately, in writing, to Andrea Foren at aforenaci.favetteviile.ar.us 21. 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. 22. Price bid shall include warranty, including but not limited to parts and labor, at no additional cost to the City of Fayetteville, as specified herein. 23. NOTE: Any uncertainties shall be brought to the attention to Andrea Foren immediately via telephone (479.575.8220) or e-mail (aforen@ci.favetteville.ar.us ). It is the Intent and goal of the City of Fayetteville Purchasing Division to provide bid packets that provide 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 & documents. 24. "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." 25. The City of Fayetteville shall take ownership of product when products bid arrive undamaged at the specified shipping location. 26. ANY EXCEPTION TAKEN TO THESE SPECIFICATIONS AND BID DOCUMENTS SHALL ,BE - NOTED ON THESE DOCUMENTS. BIDDERS SHALL NOTE THE DIFFERENCE NEXT -TO THE RELATED SPECIFICATION. THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT EXCEPTIONS TO SPECIFICATIONS. City of Fayetteville, AR Bid 10-66, Construction — Fire Department Generators Re-BId Page8of47 27. Bidder must conform to the requirements listed below and include appropriate evidence for each. Proof of appropriate insurance as well as performance .and payment bond shall be provided before work begins and is not required for bid opening. Five percent bid bond shall be submitted with ALL bids exceeding $20,000. a. Workers Compensation as required by Arkansas State Statutes b. Bidder shall have general liability insurance as required at a minimum of $500,000.00 c. A bid bond of five percent (5%) must be submitted with all bids. A cashier's check for five percent (5%) of the amount bid will also be acceptable as a replacement to a bid bond. In the event a cashiers check is submitted AND that vendor is awarded the bid, the bid bond will not be returned until the City of Fayetteville has a valid one hundred (100) percent performance and payment bond. d. A 100% performance and payment bond is required within ten (10) calendar days after a contract has been signed by all parties. The performance and payment bond shall be received by the City of Fayetteville BEFORE any work is done on the project. e. A current .valid State. of Arkansas Contractor's License is required for all bids submitted that exceed $20,000.00. Contractor's License shall be valid at time of bid throughout project completion. Failure to justify a current Arkansas Contractor's License shall result in your bid being rejected. f. All costs noted in this bid shall be included with total bid price subrnitted. g. Insurance required — to be provided to City after contract award: Bidder shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he/she carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Bidder 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. i. Workmen's Compensation — Statutory Amount li. Comprehensive General & Automobile Insurance: 1. Bodily Injury Liability — $500,000 for each person injured. 2. Each Accident — $1,000,000 iii. Property Damage Liability — $1,000;000 aggregate. 28. Attachment A. which consists of the Arkansas Department of Labor Prevailing Wage Determination. is attached and hereby included with this bid packet. 29. Attachment B. which consists of stamped drawings, is attached and hereby included in this bid packet, 30. The City of Fayetteville will provide storage for all generators. 31. Contractor shall coordinate delivery of generators with Scott Jones, Fayetteville Fire Department Captain, who will be the signing agent for the City for receiving the generators. Scott Jones - Office: 479.575.8365, E -Mail: sionescci.favetteville.ar.us. City of Fayetteville, AR Bid 10-66, Construction — Fire Department Generators Re -Bid Page 9 of 47 City of Fayetteville Bid 10-66, Construction — Fire Department Generators Re -Bid Instructions to Bidders PART ONE - DEFINED TERMS 1.1 INSTRUCTIONS TO BIDDERS Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them' in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, who submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued, and where the bidding procedures are to be administered. 1.4 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. 1.5 Local time -- the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before 2:00:00 as shown by the atomic clock located in the Purchasing Division Office. PART TWO - COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither City of Fayetteville nor Architect assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 City of Fayetteville and Architect 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. PART THREE - EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Purchasing Division, and shall constitute all of the information which the City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on City of Fayetteville. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all -Drawings; visit the site of the Work to carefully examine local conditions; . inform themselves by their independent research and sounding of the difficulties to be encounter dir - and all attending circumstances affecting the cost of doing the work, and the time specified.-fdr its completion; and obtain all information required to make an intelligent bid. City of Fayetteville, AR Bid 10-66, Construction — Fire Department Generators Re -Bid Page 10of47 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions 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. 3,3 Bidders shall promptly notify Architect of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 3.4 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 and Architect by City of Fayetteville's.of such Underground Facilities or others, and City of Fayetteville and Architect do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.5 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. 3.6 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. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has .complied with every requirement of this Article 3, that 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, that Bidder has given Architect written notice of ail conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Architect 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. PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights-of-way and 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. PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 5.1 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 from any part of the proposed Contract Documents, he should submit a written request for interpretation City of Fayetteville, AR Bid 10-66, Construction — Fire Department Generators Re -Bid Page 11 of 47 thereof to the Architect not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 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. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville or Architect. 5.4 Bidder assumes all responsibility for checking the City's website at www.accessfayetteville.org for updates and addenda issued to this project. PART SIX - APPROXIMATE ESTIMATE OF QUANTITIES 6.1 Architect's 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. PART SEVEN - UNIT PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of al! 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. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cast of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 �By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required, and has reviewed the Drawings and Specifications to verify the full scope of the Work. PART EIGHT - BID FORM 8.1 Bids are due as indicated in the Advertisement for Bids. 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form shall not be removed from the bound Project Manual, nor shall bids be submitted on a photocopy of the Bid Form. The unit price orlump sum bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. in case of a difference in the written words- and figures, the amount stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 8.3 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 Fayeftevifle, AR Bid 10-66, Construction — Fire Department Generators Re -Bid Page 12 of 47 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. 8.4 Address bids to City of Fayetteville, and deliver to the address given in the Advertisement For Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License Number, and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to City of Fayetteville and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. 8.5 Acceptance of Alternate Bids is at the City of Fayetteville's discretion, as best services the City of Fayetteville's interest. Each deductive alternate is provided for on the Bid -Form. The price of the Bid for each 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. 8.6 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. PART NINE - SIGNATURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid. must be shown. 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with City of Fayetteville. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. PART TEN - BID SECURITY 10.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the amount stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder will not be acceptable. The Successful Bidder's security will 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. 10.2 The City of Fayetteville reserves the right to retain the security of the three low bidders ung_tht Successful Bidder enters into the Contract or until sixty (60) days after bid opening, whiCh-ever 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 City of Fayetteville, AR Bid 10-66, Construction — Fire Department Generators Re -Bid Page 13 of 47