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HomeMy WebLinkAbout130-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 130-16 File Number: 2016-0295 BID # 16-40 STEARMAN ROOFING AND SHEET METAL, LLC: A RESOLUTION TO AWARD BID # 16-40 AND APPROVE A CONTRACT WITH STEARMAN ROOFING & SHEET METAL, LLC IN THE AMOUNT OF $30,540.00 FOR THE INSTALLATION OF A NEW ROOF FOR THE CENTRAL FIRE STATION AT 303 WEST CENTER STREET. 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 # 16-40 and approves a contract with Stearman Roofing & Sheet Metal, LLC in the amount of $30,540.00 for the installation of a new roof for the Central Fire Station at 303 West Center Street. PASSED and APPROVED on 7/5/2016 Attest: Sondra E. Smith, City Clerk Y, 1 Treasurer tet.+�` :f : �� ' `�ti, 13 *. FAYETTEVILLL; t�■ � i�i ''',mss •�'�KA NSP • ��.,`w,. 'VGTO-.A Page 1 Printed on 716116 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0295 Agenda Date: 7/5/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 BID # 16-40 STEARMAN ROOFING AND SHEET METAL, LLC: A RESOLUTION TO AWARD BID # 16-40 AND APPROVE A CONTRACT WITH STEARMAN ROOFING & SHEET METAL, LLC IN THE AMOUNT OF $30,540.00 FOR THE INSTALLATION OF A NEW ROOF FOR THE CENTRAL FIRE STATION AT 303 WEST CENTER STREET 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 # 16-40 and approves a contract with Stearman Roofing & Sheet Metal, LLC in the amount of $30,540.00 for the installation of a new roof for the Central Fire Station at 303 West Center Street. City of Fayetteville, Arkansas Page 1 Printed on 7/6/2016 David Dayringer Submitted By City of Fayetteville Staff Review Form 2016-0295 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/9/2016 ~ Submitted Date Action Recommendation: Fire / Fire Department Division / Department Approval of a resolution awarding Bid 16-40 for the Central Fire Station Roofing from the vendor Stearman Roofing and Sheet Metal, LLC. in the amount of $30,540.00 4470.9470.5400.00 Account Number 02006.1 Project Number Budgeted Item? Yes Budget Impact: Sales Tax Capital Fund Fire Facility Maintenance Project Title Current Budget $ Funds Obligated $ Current Balance $ 246,966.00 75,831.60 171,134.40 Does item have a cost? Yes Item Cost $ 30,540.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 140,594.40 IYIU�I !-Y LLGUII 1.V14YE/14 4U VUUL, C.I 11 U�ll Jll 141=1 I5: V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF 'Pettille ARKANSAS MEETING OF JULY 5, 2016 TO: Mayor Jordan and City Council FROM: David Dayringer, Fire Chief DATE: June 9, 2016 CITY COUNCIL AGENDA MEMO SUBJECT: Approval of a resolution awarding Bid 16-40 for the Central Fire Station Roofing from the vendor Stearman Roofing and Sheet Metal, LLC. in the amount of $30,540.00 RECOMMENDATION: Approval of a resolution awarding Bid 16-40 for the Central Fire Station Roofing from the vendor Stearman Roofing and Sheet Metal, LLC. in the amount of $30,540.00 BACKGROUND: The age of Central Fire Station's roof and some small leaks have led to the need to replace the roof. After conferring with Facilities Management and following the City's Procurement Policy, this bidder has met the specifications necessary to provide for the installation of a new roof for the City's Central Fire Station at 303 W. Center. DISCUSSION: The approval of this resolution will allow for the purchase and installation of a new roof for the Central Fire Station. BUDGET/STAFF IMPACT: The funds for this purchase are budgeted and available in Project #02006.1, Fire Facility Maintenance ATTACHMENTS: Final Bid Tabulation Sheet, Purchasing Documents and Contract, and Purchase Order Request Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville - Purchase Order Request (PO) equisitionNO.. Date: (Not a Purchase Order) 61912016 P.t7 Number: All PO Requests shall be scanned to the Purchasing e-mail: Purchasing n[tfayetteville-ar.gov. Purchase shall not be made until an actual PO has been issued. Vendor #' NEW Namer Stearman Roofing and Sheet Metal, LLC. Mail Legistar#:Fyu 2016-0295 Address: P.O. Box 986 FOB Point Faxrrb;e Expected Delivery Date: Quotes Attached 9-1-2016 City: Farmington Slate: Arkansas Zip Code: Ship to code: 72730 E -.Es n4o Requester: Requesters Employee 4: Extension: Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project.Sub# Inventory i Fixed Asset # I Roof for Central Fire Station 1 30,540.00 $30,540.00 4470.9470.5400.00 02006.1 2 3 4 5 6 7 5 10 • Shipping/Handling Lot Specie' Ins:r4Clicnh $30,540.00 is the total cost for the project. Subtotal: $30.540.00 Tax. Total: $30.540.00 Aparovats. "?�� Purchasing Manager. Mayor: Department Director . ! Chef Financial Officer: Budget Director: IT Ciroctor- Otsa2tct: Manager: Utilities ,%4a saner. Other: 1;2:15 CITY OF a ��)TNSAS Bid: 16-40 DATE: 06.01.2016 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 16-40, Construction - Central Fire Station Roofing Franklin and Son I Joplin Roofing Co. I RB Trumble Roberts McNutt, Stearman Roofing Inc. Inc. Construction LLC Inc. & Sheet Metal, LLC uescriptton Total Base Bid = Total Base Bid = I Total Base Bid = Total Base Bid = Total Base Bid = Total Base Bid for Bid 16-40 $48,100.00 $59,560.00 $50,695.00 $38,837.00 $30,540.00 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: IL A.VR,ennie, Purchasing Manager J **Official Bid Tabulation`* crit t City of Fayetteville, AR Contract for: Bid l 16 40, Construction — Central Fire Station Roofing ayeevielle Vendor: Stearman Roofing & Sheet Metal, LLC Term: Single Project This contract executed this ay of 1L1 101.6, between the City of Fayetteville, Arkansas, dnd 5tearnaan Roofing & Sheet Metal LLC. In consideration rrf lfle rr i.ul ual covenants enatal ltl herein, rn, the parties agree as fsllows: 1. Stearman Roofing & Sheet Metal, LLC at its own cost and, expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, lax permits, and all other accessories and services necessary to complete items bid per Bid 16-40 as stated in Stearrnan Roofing & Sheet Metal LLC hid proposal, and in accordance with specificahoris ortr;cherf hereto ,arid mace a p,)rl hereof under Bid 16 40, all included herein as if spelled out word for word. ?, The City of Fayetteville shall pay Stearman Roofing& Sheet Metal, LLC based on their bid proposal in an amount not to exceed 30454.0.00. 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 Stearman Roofing Sheet Meta! _LLC consist of this Contract and the following cocurnents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 16 40 with the specifications and conditions typed thereon, B. Stearman Roofing&,5heet Metal, LLC hid proposal C_ The Notice to Prospective Bidders and the Bid tabulation, s. These Contract documents constitute the entire agr cement between the City of Fayetteville and Stearman Roofing &Sheet MetalLLCand may hen r,rfirir C only liy a Or iv <=xc=cuted written instrurent signed bythe City ofFavetti Ville and Stearman Roofing & Sheet Metal, LLC. S. Stearman itoofinjt& Sheet Metal, LLC shall not assign its duties under tire tei rrrs of this agrcernerrt:. S�_earman Roofi 8� Sheet Meal LLC agrees to hold the City of Fayeilr=ville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Stearrnan Roofing & Sheet Metal, LLC performance of this contract This clause shall not in any form or manner be construed to waive that tort in.-ornurit}- set forth under Arkansas Low Stearman Roofing & Sheet Metal LLC shall f' rrrr��sraF_' � a certificate of n._ur �inr, e addressed to the City of Fayetteville, showing that he carves the following insurance which shall be maintained throughout the terra of the Contract. Any work sublet, the contractor shall rejoice the subcontractor similarly to rrmovide worker's compensation insurance. In case any employee engaged in work an the project under this contract is not: protected under Worker's Compensation Insurance, Stearman Roofing & Sheet Metal, LLC shall provide and shall cause each Subcontractor to provide adequate ernp oyei's i-dhihlty insurance for to prat eetiorl of such of his employees as are riot c;therwise protected. The premiums for ail insurance and the bond required herein shall be paid by Stearman Roofing & Sheet Metal, LLC. C:ty of iayettUUviIIe, AR ad 15 40, Construction —Central Fire. ;ration Roofing Page 1 of Workmen's C..ompensation Comprehensive General & Automobile Insurance Bodily lejury I lability Property Damage tiabdity Statutory Amount 5;30, 1C,() for each person injured. $',O0O,000 for each accident. $1,000,O0€0 aggregate. . StearmanRoothig & Sheet Metal, LLC to furnish croof of licensure as required by all local and state agencies 9. This contract may be terminated by the City of Fayetteville or StearreanRoofing & Sheet Metal, LLC with 30 days written notice. 10. This project shall be completed within 30 calendar days from issue date of Notice to Proceed. 1. Liquidated Damages: Not applicable for this project. 12. Freedom of Information Act: City of Fayetteville contracts and dccurnenls prepared while performing, city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in coif Price: Changes, modifications, or 31T e 1drnents in scope, price or fees to this contract shalt not he allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees WITNESS OUR HANDS THIS_____ Y OF _ .. STEARMANN ROOFING AND SHEET METAL, LLC By. .lieal. n 4r - Printed Contractor Name & title Business Address City, State & :' p Corse Date Signed: _' P ,S r`tFayetteville, AR F;c 16-40, Constriction —Cen rcl Fir£_ Staton Footing rage .i of a Sondra E. Smith, City Clerk —Treasurer Date Signed: _ N1t wT ►U►►►r� • S AYETTEV1LLE `rimer 1f•$ �IAtar3�,•�N Q- BID BOND (Percentage) Bond No. 62791240 KNOW ALL PERSONS BY THESE PRESENTS, That we Stearman Roofing sheet Metal, LLc Of E O Box 986, Farmington, AR 72730 _ hereinafter referred to as the Principal, and WESTERN SURETY (CC0Mi'ANY as Surety, are held and firmly bound unto City of Fayetteville, AR xt hereinafter referred to as the Obligee, in the amount of Five Percent of the Amount Bid -- (5% ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Central Fire Station install Tpo Roof Over Existing Roof NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this st_ day of June , _ Principal Sl er' :nIan krrf.i ncpS.a.t Mete.'-„ L . T BY: iq21. - - Surety WESTERN SURETY COMPANY BY:itq {U111r Mar€jar: k. Chris tinKeele , Attorne J Form F4595-8-2001 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 62791840 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Mdr.g3ret(h r.i st. i n? Ke? 1 g its true and lawful atterney(e)•in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Stearman Roofing & Sheet Metal, LLC Obliges: City of Fayetteville, AR Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent ae if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of . 11D St 30th__ , 2016 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its prat corV};tt.ljs be affixed this jut day of June 2016 s •rrFr.. WESH SUR1i""Y COMPANY U Paul T flail Vice President STA I. OES.OUIt3DAt&OTA On T'Ii 'c 1__ t day of June in the year _0I6 before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WI S'l'flltN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. i'-y'�-+*ah'r rv<ah 5'-fySbyh�v4yy y4'n5 f J. MOHR f s 8 AC L NOTARY PUBLIC SE L s __ � _. SOUTH DAKOTA r s N =try tlihiic - South Ila ♦4 Soh h'-yS549hh5h4.�ay4�. rs4h + My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota. do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this - day of Tune 20-6 WES El it SURJ'' Y COMPANY Paul T ru flat, Vice President To validate bond authenticity, go to ay1Y.r..nasttrety43q > Owner/Obligee Services > Validate Bond Coverage. Form F5306-1-2016 OPERATING AGREEMENT OF STEARMAN ROOFING & SHEET METAL, LLC THIS OPERATING AGREEMENT (the "Agreement") is entered into by and among the Members of STEARMAN ROOFING & SHEET METAL, LLC [a limited liability company (the "Company"). The undersigned, being the designated Manger authorized on behalf of all of the Members of the Company, hereby agree to establish and operate the Company pursuant to the Arkansas Small Business Entity Tax Pass Through Act (Act 1003 of 1993); Ark. Code Ann. Section 4-32-101 et seq. ("LLC Act"), and accordingly agree as follows: W I T N E S S E T H: WHEREAS, the undersigned desire to form a limited liability company pursuant to the laws of the State of Arkansas and upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: INTRODUCTORY CLAUSE Articles and Purpose. The Articles of Organization are hereby ratified and confirmed in all respects as the Articles of Organization of the Limited Liability Company (hereinafter the "Company"). The primary purpose for which this Company is formed is for administration and manage Roofing and Sheet Metal and do all things proper, incidental and conducive to the complete attainment of such purposes, and to conduct all business reasonably necessary and incidental thereto; In addition, the Company shall have full power and authority to transact any and all lawful business otherwise for which limited liability companies may be organized under the LLC Act. 1. OFFICES 1.1 Principal Office. The principal office of the Company in the State of Arkansas shall be located at 406 E Henry De Tonti #2 Tontitown, AR 72762; P.O. Box 986, Farmington, Arkansas 72730. The Company may have such other offices, either within or without the state of Arkansas as the members may designate or as the business of the Company may from time to time require. 1.2 Registered Office; Resident Agent. The registered office of the Company to be maintained in the State of Arkansas is 701 South Street Suite 100 Electronically Signed using eSignOnlineTMI Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] Mountain Home, AR 72653. The resident agent at such office is Registered Agents Inc. The registered office may be changed from time to time by action of the members and by filing the prescribed form with the Arkansas Secretary of State. 2. MEETINGS 2.1 Annual Meeting. The annual meeting of the members shall be held in the month of January in each year, beginning with the year 2017, for the purpose of electing the management committee and for the transaction of such other business as may come before the meeting. If the election shall not be held at the time designated herein for the annual meeting of the members, or at any adjournment thereof, the members shall cause the election to be held at a special meeting of the members as soon thereafter as it may conveniently be held. 2.2 Regular Meetings. The members may provide for the holding of regular meetings by resolution prescribing the time for such meetings and may provide that the adoption of such resolution shall constitute notice of such regular meetings. 2.3 Special Meetings. Special meetings of the members, for any purpose or purposes, may be called by the management committee or by any two members. 2.4 Notice of Meeting. Except where notice is not required, as provided herein, written notice stating the place, day and hour of the meeting and, in case of a special meeting, the purposes for which the meeting is called, shall be given not less than ten (10) days before the date of the meeting, by or at the direction of the management committee, to each member of record entitled to vote at such meeting. When all the members of the Company are present at any meeting and do not object to notice, or if those not present sign in writing a waiver of notice of such meeting, or subsequently ratify all the proceedings thereof, the transactions of such meeting are as valid as if a meeting were formally called and notice had been given. Notwithstanding the above, if either notice of two consecutive annual meetings and required notices of all meetings in the interim, or two payments of distribution of profits sent by U. S. Postal Service mail during a twelve-month period are returned as undeliverable, the giving of further notices is not required. In that event, any action taken without notice to the member shall be deemed to have been taken with notice to the member until such time as the member provides a current address to the Company. 2.5 Place of Meeting. Except as provided herein, all meetings of the members shall be at the principal office or registered office stated in sections 1.1 and 1.2 above. Any meeting of the members may be held at any other location upon unanimous agreement of the members. A written consent to hold a meeting at an alternate location shall be irrevocable for purposes of one meeting specified therein. Page 2 of 14 Electronically Signed using eSignOnlineTM[ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 I 2.6 Waiver of Attendance. Attendance by a member at a meeting shall be deemed to be a waiver of any objection to notice or place of a meeting, unless the member appears solely for purposes of objecting to notice or place of meeting. 2.7 Quorum. At any meeting of the members, a majority of the equity interests, as determined from the capital contribution of each member as reflected by the books of the Company, represented in person or by proxy, shall constitute a quorum at a meeting of members. If less than said majority of the equity interests are represented at a meeting, a majority of the interests so represented may adjourn the meeting from time to time without further notice. At such adjourned meeting at which a quorum shall be present or represented, any business may be transacted which might have been transacted at the meeting as originally notified. The members present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum. 2.8 Proxies. At all meetings of members, a member may vote by written proxy by the member or by his or her duly authorized attorney -in -fact. To be effective, such proxy must be personally received by the management committee, or received at the office of the management committee at the Company's principal office at least ten (10) hours prior to the time of commencement of the meeting. In addition, to an original writing, members may designate a proxy by a telegram, cablegram, or facsimile that sets forth sufficient information to determine that the transmission was authorized by the member. No proxy shall be valid after three (3) months from date of execution, unless otherwise provided in the proxy. No proxy shall, in any case, be valid for longer than seven (7) years from the date of the execution. 2,9 Voting by Certain Members. Equity ownership interests standing in the name of a corporation, partnership or company may be voted by such officer, partner, agent or proxy as the bylaws, partnership agreement, or other operating agreements of such entity may prescribe. Equity ownership interests held by a trustee, personal representative, administrator, executor, guardian or conservator may be voted by him or her, either in person or by proxy, without a transfer of such certificates into his or her name. 2.10 Manner of Acting. (a) Formal Action by Members. Unless otherwise specified for certain actions in the Articles of Organization or this Operating Agreement, the act of a majority of the equity ownership interests of members present at a meeting at which a quorum is present shall be the act of the members. Upon demand of any member, voting on a particular issue may be recorded in accordance with percentage of equity ownership in the Company. (b) Procedure, A manager of the Company, when present, shall preside at meetings of the members. The presiding manager or the members may move or second any item of business. A record shall be maintained of the Page 3 of 14 Electronically Signed using eSignOnlineTM[ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] meetings of the members. The members may adopt their own rules of procedure which shall not be inconsistent with this Operating Agreement. (c) Presumption of Assent. A member of the Company who is present at a meeting of the members at which action on any matter is taken shall be presumed to have assented to the action taken, unless his or her dissent shall be entered in the minutes of the meeting or unless he or she shall file his or her written dissent to such action with the Operating Manager or person presiding at the meeting before the adjournment thereof, or shall forward such dissent by certified mail to the management committee immediately after the "adjournment of the meeting." Such right to dissent shall not apply to a member who voted in favor of such action. (d) Informal Action of Members. Unless otherwise provided by law, any action required to be taken at a meeting of the members, or any other action which may be taken at a meeting of the members, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all the members entitled to vote with respect to the subject matter thereof. 2.11 Order of Business. The order of business at all meetings of the members shall be as follows: 1. Roll Call 2. Proof of notice of meeting or waiver of notice 3. Reading of minutes of preceding meeting 4. Report of the Operating Manager 5. Reports of committees, if any 6. Unfinished Business 7. New Business 2.12 ' Telephonic Meeting. Members of the Company may participate in any meeting of the members by means of conference telephone or similar communi- cation if all persons participating in such meeting can hear one another for the entire discussion of the matter(s) to be voted upon. Participation in a meeting pursuant to this Section shall constitute presence in person at such meeting. The Company shall provide members with adequate means by which to participate in all meetings telephonically, by conference call capability at the meeting location, or other adequate means. 3. FISCAL MATTERS 3.1 Fiscal Year. The fiscal year of the Company, for both accounting and tax reporting purposes, shall be the calendar year. Page 4 of 14 Electronically Signed using eSignOnlineTM[ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] 3.2 Deposits. All cash funds of the Company shall be deposited from time to time to the credit of the Company in such banks, trust companies or other depositories as the members may select. 3.3 Contracts, Cc ,c rveyances. Except as otherwise specifically provided herein, no contracts on behalf of the Company shall be executed except by a resolution of the members. No conveyances of property of the Company, other than payments of money in the ordinary course of the Company's business, shall be made except upon authorization by a resolution of the members. The members may, by resolution, authorize the management committee or designated managing officers to enter into any contract or execute any instrument. Such authorization may be general or confined to specific instances. 3.4 Loans. No loans shall be contracted on behalf of the Company, and no notes or other evidence of indebtedness of the Company shall be issued except upon authorization by resolution of the members. The members may, by resolution, authorize the management committee or designated managing officers to contract loans or issue notes or other evidences of indebtedness. Such authority may be general or confined to specific instances. 3.5 Checks, Drafts, Etc. All checks, drafts, notes, liabilities incurred by the Company, or other orders for the payment of money issued in the name of the Company shall be signed by a manager or managers to be designated for that purpose. 3.6 Accountant. An accountant may be selected from time to time by the members to perform such tax and accounting services as may from time to time be required. The accountant may be removed by the members at any time, with or without cause. 3.7 Legal Counsel. One or more attorneys at law may be selected from time to time by the members to review the legal affairs of the Company and to perform such other services as may be required and to report to the members with respect thereto. 4. MEMBERSHIP RECORDS AND TRANSFER OF OWNERSHIP 4.1 Membership Records. The managers shall maintain a current record of the members, their equity ownership interest in the Company, their capital accounts, and their membership percentage. 4.2 Transfer of Ownership. Any member may transfer his or her membership interest in the Company at any time. The transferee shall have no right to participate in the management of the business and affairs of the Company or to become a member. The transferee shall only be entitled to receive the share of the profits or Page 5 of 14 Electronically Signed using eSignOnline'M[ Session ID ; 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] other compensation and the return of contributions, if any, to which that member would otherwise be entitled. 4.3 No Return of Capital. No member shall be entitled to receive any part of his or her contribution to capital until the dissolution of the Company or liquidation of that member's interest in the Company. 5. CAPITAL AND CAPITAL CONTRIBUTIONS 5.1 Capital of the Company. The capital of the Company shall be the aggregate amount of the capital contribution made to it by the members. 5.2 Original Contribution of Members. The members shall contribute to the Company certain properties or services particularly described on Exhibit A, which is attached hereto and incorporated by this reference. 5.3 Membership Percentages. Each member's membership percentage is his or her percentage of equity ownership of the Company, which shall be the equivalent of the services contributed and the future services to be provided as a percentage of the capital of the Company. The initial membership percentages of each member are set forth on Exhibit A. 5.4 No Additional Capital Contributions. Members will not be obligated to make additional contributions to capital except upon a resolution of the members that includes a determination of business necessity. 6. CAPITAL ACCOUNTS An individual capital account shall be maintained for each member under the rules for maintaining capital accounts as may be prescribed in federal treasury regulations. Unless required to the contrary by regulations, a member's capital account shall be his or her original capital contribution, increased by his or her share of (a) income, (b) gain and (c) tax-exempt income of the Company, and reduced by his or her share of (d) distributions of money or property, (e) deductions, (f) losses and (g) other Company expenditures. 7. ADMISSION OF NEW MEMBERS New members may be admitted to the Company upon unanimous agreement by the members. Page 6 of 14 Electronically Signed using eSignOnlineTM[ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] 8. DISTRIBUTION OF PROFITS AND LOSSES 8.1 General. The members may from time to time unanimously declare, and the Company may distribute, accumulated profits determined to be not necessary for the cash needs of the Company's business. Such distributions may be made subject to the additional requirement that, after such distribution is made, the assets of the Company exceed the net losses (determined for federal tax purposes) and other liabilities of the Company, except liabilities to members on account of their capital contributions. Unless otherwise provided, retained profits shall be deemed to be an increase in the capital of the Company. 8.2 Allocations. The net profits of the Company shall be allocated to all members in proportion to their capital accounts. All losses and deductions shall be allocated to the members in proportion to their capital accounts. 8.3 Rules for Determining Profits and Losses. For the purpose of determining net profits distributable among the members, and for the purpose of determining net losses to be borne by the members, the rules for determination of net income or net losses for federal income tax purposes shall apply. Such income or losses shall be allocated among and borne by the members at the end of each accounting year as above provided. The members may establish additional rules and procedures for determining and allocating the profits to the members consistent with federal treasury regulations and the provisions of this Operating Agreement. 8.4 Distributions on Dissolution. Upon dissolution of the Company, or liquidation of any member's interest in the Company, liquidating distributions will be in accordance with the positive capital account balances of each member, as determined after taking into account all capital account adjustments for the tax year during which such liquidation occurs. 9. BOOKS AND RECORDS 9.1 Books and Records. The books and records of the Company required by law shall be kept at the of the Company. Other books and records shall be kept at such other places, within or without the state of Arkansas, as the members shall from time to time determine. The books and records which the Company shall keep at its registered office are: (a) A current list of the full name and last known business address of each member and manager separately identifying the members in alphabetical order and the managers, if any, in alphabetical order; Page 7 of 14 Electronically Signed using eSignOnlineTM[ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] (b) A copy of the filed articles of organization and all amend- ments thereto, together with executed copies of any powers of attorney pursuant to which any document has been executed; (c) Copies of the Company's federal income tax returns and reports, if any, for the three (3) most recent years; (d) Copies of any then effective written operating agreement and of any financial statements of the Company for the three (3) most recent years; and (e) Unless contained in the articles of organization, a writing setting out: (1) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each member and which each member has agreed to contribute; (2) The items of which or events on the happening of which any additional contributions agreed to be made by each member are to be made; (3) Any right of a member to receive, or of a manager to make, distributions to a member which include a return of all or any part of the member's contribution; and (4) Any events upon the happening of which the limited liability is to be dissolved and its affairs wound up. 9.2 Right of Inspection. Any member of record shall have the right to examine, at any reasonable time or times, for all purposes, the financial statements, the books and records of account, minutes and records of members and to make copies thereof, with copies at the members' expense. Such inspection may be made by any agent or attorney of the member. 9.3 Financial Records. All financial records shall be maintained and reported based on generally acceptable accounting practices. 10. MANAGEMENT 10.1 Management of the Business. This company shall be manager managed. The initial elected managers are set forth in the articles of organization filed with the appropriate State agency. If the appropriate State agency does not require the Managers names be set for the in the articles of organization, or the organizer elects not to set forth the names of the Managers in the articles of organization, the Members may Page 8 of 14 Electronically Signed using eSignonlineTM[ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] elect the Managers in this agreement in the certification of Managers. Members holding a majority of the capital interests in the Company may elect Managers as the Members determine. Managers listed in the articles of organization and/or this agreement will serve as the Managers of this company until a meeting of members is held and new Manager(s) elected. The Member/Manager or his designated appointee shall have the responsibilities set forth in §10.2 below. 10.2 Manager. The Manager shall be the chief executive officer of the Company responsible for the general overall supervision of the business and affairs of the Company. He or she shall, when present, preside at all meetings of the members. Each Member/Manager or his appointee may sign, on behalf of the Company, such deeds, mortgages, bonds, contracts or other instruments which he or she is authorized to execute under Article 3 of this Operating Agreement, except in cases where the signing or execution thereof shall be expressly delegated by the members or by this Operating agreement or by Statute to some other manager of the Company; and, in general, he or she shall perform all duties as may be prescribed by the members from time to time. The specific authority and responsibility of the Manager shall also include the following: (1) The Manager shall effectuate this Operating Agreement and the regulations and decisions of the members. (2) The Manager or his designated appointee shall direct and supervise the operations of the Company. (3) The Manager or his designated appointee, within such parameters as may be set by the members, shall establish such charges for services and products of the Company as may be necessary to provide adequate income for the efficient operation of the Company. (4) The Manager or his designated appointee, within the budget established by the members, shall set and adjust wages and rates of pay for all personnel of the Company and shall appoint, hire and dismiss all personnel and regulate their hours of work. (5) The Manager or his designated appointee shall keep the members advised in all matters pertaining to the operation of the Company, services rendered, operating income and expense, financial position, and, to this end, shall prepare and submit a report to the members at each annual meeting and at other times as may be directed by the members. 10.3 Other Managers. The Company may, at the discretion of the members, have additional managers, who shall each be considered a manager of the Page 9 of 14 Electronically Signed using eSignOnlineTM[ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] Company. Such additional managers may include, without limitation, one or more vice - operating managers, one or more secretaries and one or more treasurers. The duties of such manager shall be as specified by resolution of the members. 10.4 Election and Tenure. The initial Manager shall be Gary Stearman JR. The managers of the Company shall be elected annually by the members at the annual meeting, beginning 2017. Each manager shall hold office from the date of his or her election until the next annual meeting and until his or her successor shall have been elected, unless he or she shall sooner resign or be removed. 10.5 Resignations and Removal. Any manager may resign at any time by giving written notice to the management committee or to all of the members, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Any manager may be removed at any time by the members with or without cause. 10.6 Vacancies. A vacancy in any office may be filled for the unexpired portion of the term by the members. 10.7 Salaries. The salaries of the managers shall be fixed from time to time by the members and no manager shall be prevented from receiving such salary by reason of the fact that he or she is also a member of the Company. 11. MISCELLANEOUS 11.1 Arbitration. Any controversy or claim between members relating to the Articles of Organization or this Operating Agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. One arbitrator will be used, unless the parties to the dispute are not able to agree on a designated arbitrator, in which case a three (3) member panel of arbitrators will be used. 11.2 Notice. Except as provided in Section 2.8 (regarding proxies), whenever notice of any kind is required or permitted under the terms and provisions of the laws of the State of Arkansas, the Articles of Organization or this Operating agree- ment, the same may be deposited with the U. S. Postal Service by registered or certified mail, postage prepaid, to the indicated parties at their last known address as shown in the records of the Company, or in lieu thereof, by regular first class mail, postage prepaid, private carrier, facsimile, or delivery in person. If properly mailed by registered or certified mail, the date of mailing shall be the effective date of notice. If notice is by facsimile, the effective date shall be the next date after the date of receipt of transmission that is not a weekend or U. S. Postal Service holiday, Otherwise, the effective date of notice shall be the date of actual receipt by the party entitled to notice. Page 10 of 14 Electronically Signed using eSignOnlineTM( Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] Members changing their addresses shall give notice to the Company and the Company shall give notice of its change of registered or principal office within ten (10) days. 11.3 Waiver of Notice. Whenever any notice is required to be given pursuant to the provisions of the laws of the State of Arkansas, the Articles of Association of the Company or this Operating Agreement, a waiver thereof, in writing, signed by the persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. 11.4 Indemnification of Members, Managers. Unless the members determine that he or she did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the Company, and unless the members determine that, with respect to any criminal acts or proceeding he or she was without reasonable cause to believe that his or her conduct was unlawful, the Company shall indemnify any person who was or is a party defendant or is threatened to be made a party defendant to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the Company) by reason of the fact that he or she is or was a member of the Company or a managing officer, against expenses, including attorney's fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not in itself create a presumption that the person did not act in good faith and in a manner which he or she reasonably believed to be in the best interest of the Company, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful. 11.5 Other Indemnification. The Company may, by member action, indemnify any employee, agent, or other person acting on behalf of the Company under the same terms and conditions as set forth in section 11.4. The Company shall indemnify members, managers, employees and agents when the requirements of the laws of the State of Arkansas (generally, regarding successful defense of actions) have been met. 11.6 Indemnification Funding: Insurance, The Company shall fund the indemnification obligations provided by Section 8.3 in such manner and to such extent as the members may from time to time deem proper. The members may cause the Company to maintain insurance coverage to provide for any expenses of indemnification of the Company. 11.7 Anticipated Transactions. It is anticipated that the members and managers will have other legal and financial relationships. Representatives of this Company, along with representatives of other entities, may from time to time participate in the joint development of contracts and transactions designed to be fair and Page 11 of 14 Electronically Signed using eSignOnlineTM[ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] reasonable to each participant and to afford an aggregate benefit to all participants. Therefore, it is anticipated that this Company will desire to participate in such contracts and transactions and, after ordinary review for reasonableness, that the participation of the Company in such contracts and transactions may be authorized by the members, subject to the requirements regarding transactions with interested members, managers and employers as stated in the articles of organization. 11.8 Gender and Number. Whenever the context requires, the gender of all words used herein shall include the masculine, feminine and neuter, and the number of all words shall include the singular and plural thereof. 11.9 Articles and Other Headings. The articles and other headings contained in this Operating Agreement are for reference purposes only and shall not affect the meaning or interpretation, 11.10 Reimbursement of Managers and Members. Managers and members shall receive reimbursement for expenses reasonably incurred in the performance of their duties. 11.11 Document Copies. Except where otherwise limited by law, any photocopy, facsimile copy, or other reliable reproduction of any writing may be substituted for the original writing or for any original signature affixed thereto for any Company business purpose (including, without limitation, notices and consents) for which the original could be used, provided that the copy or reproduction is a complete and accurate reproduction of the entire original writing. 12. DISSOLUTION OF THE COMPANY 12.1 Events of Dissolution. The Company is dissolved at or upon: (a) the time specified in the Articles of Organization; (b) the written consent of all Members, the dissolution of any Member unless the business of the Company is continued by the consent of all remaining Members on or before the 90th day following the event of dissolution; or (c) the entry of a Decree of Judicial Dissolution. 12.2 Winding Up. When the Company is dissolved, its business and affairs may be wound up by all Members except that no Member who has previously dissociated from the Company or filed notification of intent to withdraw or who has engaged in wrongful conduct shall participate in the winding up of the Company. 12.3 Liquidating Distributions. The assets of the Company shall be distributed as follows: (a) Creditors shall be paid or adequately provided for, including, to the extent permitted by law, payments to Members who are creditors, in satisfaction of liabilities of the Company; Page 12 of 14 Electronically Signed using eSignOnlineTM[ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] (b) Then to Members and former Members in satisfaction of liabilities for distributions previously declared but not yet paid; (c) To Members and former Members first for the return of their Capital Contributions and second in proportion to the Members' respective right to share in distributions prior to dissolution. 12.4 Articles of Dissolution. Those Members in charge of winding up the business and affairs of the Company shall, as soon as possible after dissolution occurs, file Articles of Dissolution as permitted by the LLC Act. 13. AMENDMENTS This Operating Agreement may be altered, amended, restated, or repealed and a new Operating Agreement may be adopted by a majority vote of the equity interests of the n-�enmbers, after notice and opportunity for discussion of the proposed alteration, amendment, restatement, or repeal. CERTIFICATION THE UNDERSIGNED, being the authorized and designated Manager of Stearman Roofing & Sheet Metal, LLC, hereby evidences the adoption and ratification of the forgoing Operation Agreement of the Company. EXECUTED by the undersigned member on the date indicated. January 15, 2016 _ -� Gary St rttan JR, Manfc}er Member P4 January 15, 2016 Charles Palmer, Member January 15, 2016 Melissa Sims, Member Page 13 of 14 Electronically Signed using eSignOnlineTM[ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] EXHIBIT A STEARMAN ROOFING & SHEET METAL, LLC ORIGINAL CONTRIBUTION OF ASSETS (Per Article 5 of the Operating Agreement) MEMBER ASSETS CONTRIBUTED PERCENTAGE OF INTEREST Gary Stearman JR Services Contributed and Future Services to be provided 50% % Charles Palmer $50,000.00 25 Melissa Sims Services Contributed and Future Services to be provided 25% Page 14 of 14 Electronically Signed using eSignOnlineTM [ Session ID : 24544f7a-f57f-4dd0-a427-0dec38d97f56 ] City of Fayetteville Bid 16-40, Construction — Central Fire Station Roofing Bid Form Contract Name: Bid 16-40, Construction —Central Fire Station Roofing Bid Number 16-40 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM. 5rAg' Bidder: �~ c'0 ' 6 HEn �`i . E 1 hh7 Section 1— Intent: The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time Indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Section 2 —Terms & Conditions_ 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of City's Notice of Award. Section 3— Bidder's Representations: In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A.) Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date B.) Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. City of Fayetteville, AR Bid 16-40, Construction —Central Fire Station Roofing Page 22 of 38 C.) Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D.) Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that City and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E.) Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F.) Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G.) Bidder is aware of the general nature of work to be performed by City and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H.) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings Identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I.) Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J.) The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K.) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over City. City of Fayetteville, AR Bid 16-40, Construction —Central Fire Station Roofing Page 23 of 38 L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 —Subpart P — Excavations. Ivl.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. Section 4 -Price: Total Lump Sum Bid in the amount of $ Section 5 — Listing of Subcontractors: I, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will not enter into contracts with others for these divisions of the Work without written approval from the City. Section 6 —Contract Times: A.) Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in the Agreement. B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the Agreement. Section 7 — Communications: A.) Communications concerning this Bid ,hall be addressed to the Bidder as follows: ≤1 Or c Phone No. y 9 — /goo 3o — FAX NO.V-3 -3 61 17 of Section 8 -SIGNATURE: A.) This bid is being submitted in good faith, according to the entire bid package presented: SUBMITTED on this W AQ l OI Date of J V AteL 20 6 Arkansas State Contractor License No.__-,........_�_ DUNS It: CAGE CODE: If Bidder is: City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 24 of 38 OPTION 1: An Individual Name (type or printed): _ _. _ By: —--(FAL) (individual's Signature) Doing business as: Business address; ..-- Phone No. FAX No.: OPTION 2: A Partnership Partnership Name:. _ ... ..� -_ ______ (SEAL) By: (Siggnature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No. DPTION 3: A Corporation or LLC Corporation Namr � r t it 'Erb Date of Incorporation: —3L: Y- `10-,,Y'i.l,_ �7 fc1D Type (General Business, Professional, Service, Limited Liability): L_—� City of Fayetteville, AR Bid 16-40, Construction --Central Fire Station Roofing Page 25 of 38 By___ — attach evidence of authority to sign) Name (type or printed); I i �.. J6' � 1V •'�!3 w Title: -; ► �:s ( 1'S\C M -'m:Y y (CORPORATE SEAL) Business address: 11+ 1 t �•-3!?:i 5+, Phone No_: ( \ V° T1 r ` City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 26 of 38 FAX No.: `-g-L� i±\) City of Fayetteville Bid 16-40, Construction — Central Fire Station Roofing Vendor References The following information is required from all Bidders so all bids may be reviewed andproperly evaluated. COMPANY NAME:_. BUSINESS ADDRESS: ½.6t 6' f.1 �c 77c NUMBER OF YEARS IN BUSINESS: �_ -_HOW LONG IN PRESENT LOCATION: —__ _4 - TOTAL NUMBER OF CURRENT EMPLOYEES: FULL TIME PARTTIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: FULL TIME PARTTIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed). Contractors shall have valid experience, COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON c — 2- c I 1-1 I TELEPHONE DATE COMPLETED E-MAIL ADDRESS COMPANY NAME (2-_-/--- TELEPHONE`61 0 0 g' - - )-0 DATE COMPLETED -_-_.,fJ._C-On• hs I ! Plrrhs�a�eiRtrj . God„ E-MAIL ADDRESS �` 4• .../-vitV (.r Lr Umv c7,! 1 COMPANY NAME CITY, SyTATE, ZIP CITY, STATE, ZII f I CONTACT PERSON CONTACT PERSON TELEPHONE --- 3 — / r/ DATE COMPLETED rD _E f lees 2 6 h QJ. /V E-MAIL ADDRESS City of Fayetteville, AR Bid 16-40, Construction - Central Fire Station Roofing Page 27 of 38 TELEPHONE DATE COMPLETED �sp�1��513�.e0c) E-MAIL ADDRESS CITY OF a e'ttv Y ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 16-40, Construction — Central Fire Station Roofing DEADLINE: Wednesday June 01, 2016 before 2:00 PM, Local Time, Room 306 PRE -BID MEETNG: Thursday May 19, 2016 at 10:00 AM at Central Fire Station, 303 W. Center Street DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Purchasing Agent, Imcgaugh(�?fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: May 11, 2016 and May 18, 2016 INVITATION TO BID Bid 16-40, Construction —Central Fire Station Roofi No late bids shall be accepted. Bids shall be submitted in sealed envelopes. 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 vendors intending on bidding SHALL register as a plan holder by notifying Les McGaugh, via e-mail at imcgg@fayetteville-ar.gov. 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. Interested parties are responsible for printing. All bids will be distributed electronically from the City of Fayetteville Purchasing Division. Receiving electronic links from the City of Fayetteville, AR automatically registers you as a plan holder. E -MAILED BID PACKAGE INCLUDES LINKS TO THE FOLLOWING FILES: FILE#1: PROJECT MANUAL: 38 total pages *Additional files added as addendums are issued. Addendums will be directly e -mailed to all listed plan holders and posted on the City's website. *PLAN HOLDER LISTINGS & ADDENDUMS WILL BE POSTED AT: http://fayetteville-ar.gov/bids Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http.//fayetteville-ar.gov/bids . Failure to acknowledge addenda issued as instructed could result in bid rejection. City of Fayetteville, AR Bid 16-40, construction — Central Fire Station Roofing Page 1 of 38 N Project Manua CITY OF vllie ARKANSAS CITY OF FAYETTEVILLE, ARKANSAS CONSTRUCTION — Central Fire Station Roofing BID # 16-40 Date: May 2016 i City of fayet€evilie, AR Bid 16-4G, Construct=on — Central Fire Station Roo'ing, Page 2 of 3 3 CITY OF aY� evllle 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 riot bu used as a F5obstitrite for the reguirenents 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 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.) 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). Cashiers checks shall be made payable to the City of Fayetteville, AR. Ey All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual . addendums or marking acknowledgement on other bid pages). iiiAll line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid \I price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid 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 Contractor's License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: _ IC �n rf'1 '� 'eThe ARKANSAS CONTRACTORS LICENSE NUMBER: 1-r1 _, _ City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 3 of 38 City of Fayetteville Bid 16-40, Construction — Central Fire Station Roofing Instructions to Bidders PART ONE - DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which 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. 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 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 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 Fayetteviiie. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions 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 City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 5 of 38 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 all 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 thereof to the Architect not later than sever 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. 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 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. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 6 of 38 PART SEVEN - PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all 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 cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered 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. The unit price or lump 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 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 sealed 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 hearing 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 deductive alternate bids is at the City of Fayetteville's discretion, as best services the City of Fayetteville's interest. Each deductive alternate, if presented, 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. 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. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 7 of 38 93 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. 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 For Bids, 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 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 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. PART ELEVEN - PERFORMANCE BOND AND PAYMENT BOND 11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. 11.2 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. 11.3 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. 11.4 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 will not be sufficient. 11.5 The r1_ile of the Bolid>,_and of the_ Power of Attorne , must not be prim to the date of _lift contract, At least two originals of the Bonds shall be furnished, each with Power of Attorney attached. 11.6 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, PART TWELVE - CONTRACT TIME 121 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. PARTTHIRTEEN - LICIUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. PART FOURTEEN -SUBCONTRACTORS SUPPLIERS AND OTHERS City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 8 of 38 14.1 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. PART FIFTEEN - SUBSTITUTE AND "OR EQUAL" ITEMS 15.1 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 prior to bid PART SIXTEEN -COMPLIANCE WITH STATE LICENSING LAW 16.1 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 $20,000. PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon City of Fayetteville's or Architect'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. PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. 18.3 Evidence of collusion among bidders Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of workfor which a bid price is required by the Bid Form, or failure to include all required contract documents. 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt completion of additional work if awarded, 18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a previous contract. PART NINETEEN -OPENING OF BIDS 19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by City of Fayetteville the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. PARTTWENTY-CONSIDERATION OF BIDS City of Fayetteville, AR Did 16-40, Construction — Central Fire Station Roofing Page 9 of 38 20.1 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. 20.2 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. 20.3 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 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. PART TWENTY-ONE - RIGHT TO REJECT BIDS 21.1 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. 21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. PART TWENTY-TWO - AWARDING OF CONTRACT 22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. PART TWENTY-THREE - RETAINAGE 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. PART TWENTY-FOUR - SIGNING OF AGREEMENT 24.1 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. PART TWENTY-FIVE - MATERIALS GUARANTY 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. PART TWENTY-SIX- FAMILIARITY WITH LAWS 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 10 of 38 all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. PART TWENTY-SEVEN - ADDITIONAL LAWS AND REGULATIONS 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. 27.1 Americans with Disabilities Act 27.2 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. 27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. 27.4 Arkansas Department of Labor Prevailing Wage Rates apply if bid amount is $75,000 or more. In the event bid and contract award does not exceed $75,000 then the prevailing wage requirements do not apply. Please refer to Attachment A for further information pertaining to this requirement. PART TWENTY-EIGHT— PAST EXPERIENCE REQUIRED 28.1 All bidders shall have past experience in providing similar work as described for this project. The City of Fayetteville reserves the right to reject for inadequate experience. A minimum of four (4) references are required. End of Section City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 11 of 38 City of Fayetteville Bid 16-40, Construction —Central Fire Station Roofing General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids will 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. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should cal! the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders must 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. h. 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 Agent. 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 - 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. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 12 of 38 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 confiict 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". All bidders shall promptly notify the City 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. 7. WITHDRAWAL 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) 575-8220 to verify receipt of their submittal documents prior to opening time and date listed. 9. LOCAL, 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 local, 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 §22-9-2D3 the City of Fayetteville encourages all qualified small, minority and women's 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's business enterprises. 10. PROVISION FOR OTHER AGENCIES:N/A 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, 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 JURISDICTION: City of Fayetteville, AR Bid 16-40, Construction —Central Fire Station Roofing Page 13 of 38 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 any and 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 wishes to encourage 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. 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 Cityfor 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 awarded bidder 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. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 14 of 38 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: a. 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. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 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/proposer's/protestor's staff, and agent of the 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: City of Fayetteville, AR Bid 16-40, Construction —Central Fire Station Roofing Page 15 of 38 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 any time 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. OTHER GENERAL CONDITIONS: a) Bidders shall 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. Applicable sales tax shall be included in the bid price. Applicable Arkansas sales tax laws will apply to this bid. 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. f) 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 Proposer in responding to this request for proposal 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 Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. 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 Les McGaugh immediately via telephone (479.575.8220) or e-mail ( Imcgaugh@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. i) Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imcgaugh@favetteville-ar.gov) or telephone (479.575,8220). 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. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 16 of 38 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 bid, or any contract entered related thereto, shall be governed by Arkansas law without regard to conflicts of law principles. Proposer hereby expressly and irrevocably waives any claim or defense in any action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. k) 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 it 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. 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 the 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. 26. ADDITIONAL REQUIREMENTS: Bidders shall conform to the requirements listed below and include appropriate evidence for each unless otherwise stated. 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 $1,000,000.00 c. A bid bond of five percent (5%) shall be submitted with all bids. A cashier's check from a bank located in the State of Arkansas 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 before any work is initiated on the project, The performance and payment bond shall be presented to the City after it has been stamped by the Washington County Clerk's Office. e. A State of Arkansas Commercial Contractor's License is required to bid on the project. f. All bidders shall have commercial construction experience completing jobs of similar scope to this project. Bidders shall provide a minimum of four (4) references listing contracts completed within the past five (5) years. g. Insurance shall be provided to the City after contract award. Bidder shall furnish a certificate of insurance addressed to the City, showing that the awarded entity 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 ii, Comprehensive General & Automobile Insurance: 1. Bodily Injury Liability —$500,000 for each person injured. City of Fayetteville, AR Bid 16-40, Construction —Central Fire Station Roofing Page 17 of 38 2. Each Accident —$1,000,000 iii, Property Damage Liability —$1,000,000 aggregate. h. Any dumpster used on site shall be acquired from the City of Fayetteville Recycling and Trash Collection Division, Use of other commercial third -party containers is not allowed. 27. DESCRIPTION OF BID: a, The project will be bid under a Lump Sum, Base Bid format: Work includes Site Preparation and Improvements, Demolition of Existing Building Components and Systems, Cleaning of the existing building, new Construction and Renovation along with any and all other Work as shown on the Drawings, described in the Specification and described herein, all to be let under one prime contract. b, Contractors, Sub -Contractors, Suppliers, Vendors and Others are to refer to the conditions and instructions issued by the City of Fayetteville for additional bidding requirements. 28. EXAMINATION OF PREMISES, PERMITS, & FEES REQUIRED; a. Before submitting his quotation, Contractor will be held to have examined the premises, satisfied themselves as to the conditions of the site and site work needed and satisfied themselves as to existing conditions under which he will be obligated to operate, or that will in any manner affect Work under this contract. b. Before submitting his quotation, Contractor will be held to have contacted the City/County, Utilities or any other local Jurisdictions for the project and to have determined any and/or all requirements for completion of the work at this specific location including, but not limited to: Building Permits, Traffic Control, Utility Connections, Zoning and Planning Requirements, Water Service Connections and any or all other requirements for the Work. The Base Bid is to include all items, costs or procedures required for completion of the work whether shown correctly on the drawings, specified correctly in the Project Manual - or not shown at all. Costs for Permits are to include any Tap, City Assessments, impact Fees, Special Permits, Highway Access Permits and/or any other Impact Costs needed to complete the Work. c. Bidder shall be informed fully of conditions relating to construction of project and employment of labor. Failure to do so does not relieve successful bidder of his obligation to furnish material and labor necessary to carry out provisions of his contract. Insofar as possible Contractor, in carrying out his Work, must employ such methods or means to avoid any interruption of or interference with Work of any other Contract_ 29. AVAILABILITY OF BID DOCUMENTS: a. Copies of drawings, specification and other proposed contract documents are available from the City of Fayetteville. All dissemination of Documents and control of the dissemination of Documents and information to sub -contractors, vendors, suppliers or others involved with the Contractor's bid are the Contractors responsibility, the City is not responsible to disseminate Documents or Information at anyone except the proposed General Contractors who have properly registered to bid the Work with the City. 30. BID FORMS: a. All Bids shall be submitted on the Bid Form included, Submit one full completed and executed copy including corporation seals and signatures by parties legally able to bind the contracting firm to the City. Subcontractor bids are to comply with the requirements of the Contract Documents regardless of the bid forms or bidding paperwork supplied by the Bidding General Contractors. All bids are to be complete without qualifications or conditions. b. All pricing information requested on the Bid Form shall be filled out completely. Contractors shall not add any additional pricing information to the Bid Form. Contractors shall bid the entirety of the Work, if clarifications are required for a complete bid seek and obtain interpretations and addendum from the City BEFORE bids is given. 31. INTERPRETATIONS: a. No interpretation of plans, specifications or other bid documents will be made orally to the bidder, Requests for interpretation or clarification of Bid Documents must be made in writing addressed to the City of Fayetteville. TO BE City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 18 of 38 GIVEN CONSIDERATION, REQUESTS FOR INTERPRETATION MUST BE RECEIVED AT LEAST FIVE (5) WORKING DAYS PRIOR TO DATE FIXED FOR RECIEPTOF BIDS. In, Interpretations and additional information will be issued in the form of written addenda via e-mail to all listed on the plan holders list and those subscribed to the City's Purchasing mailing list. ADDENDA WILL BE ISSUED UP TO THREE (3) DAYS (72 hours) PRIOR TO DATE FIXED FOR OPENING OF BIDS. Failure of bidder to receive any addendum shall not relieve bidder from obligation under his bid as submitted. All addenda so issued shall become part of Contract Documents. c. Should an error, inconsistency or omission be found in the Bid Documents after the Bid Opening, the Contractor will be deemed to have prepared his bid based upon the more costly way of performing the work. It is the responsibility of the Contractor, Subcontractor, Bidder, Supplier or Vendor to determine the work required for the installation of their portions of the project including the work of other trades required to facilitate their own Work during bidding and not the Architect's responsibility to provide complete and fully coordinated Documents. The Architect will have sole discretion to determine the Work to be performed based on inconsistencies in the work, or inconsistencies between any portions of the bid documents. d. The Contract Documents are "Complementary" and anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Specifications is to have the same effect as if shown or mentioned in both. Anything mentioned or shown in one portion or by one disciple (i.e. mechanical, electrical, plumbing, civil, etc., verses architectural or visa versa) and not shown or mentioned in other disciplines or areas of the Drawings and/or Project Manual (i.e. equipment shown on drawings or indicated in the project manual and power not shown on the electrical drawings) is to have the same effect as if shown or mentioned in both places. e. Precedence IS NOT given to the Specifications over the Drawings or to Large Scale Drawings over Smaller Scale Drawings, All drawings and all specifications are complimentary and shall be viewed collectively when interpreting the Design Intent for the Project. The Architect is the sole judge and interpreter of Design Intent and his decision will be final and binding upon the General Contractor, Sub Contractors and Suppliers. 32. QUALIFICATIONS OF SUPPLIERS, SUB -CONTRACTORS OR BIDDERS: a. City may make such investigations as they deem(s) necessary to determine ability of bidder(s) to perform Work, and bidder shall furnish to City all such information and data for this purpose City may request. City reserves right to reject bid of any bidder, sub -bidder or vendor who has previously failed to perform properly, or to complete on time, contracts of similar nature; who is not in position to perform contract, or who has habitually and without just cause neglected payment of bills or otherwise disregarded obligations to subcontractors, material men, or employees. b. It is the responsibility of the General Contractor to determine the viability of entities who will be sub -bidders, vendors or supplier to the Work during the bidding period. The City will not increase the cost of the work to change sub -bidders, vendors or suppliers of the Work when just fail to perform or start the Work. 33. CONDITIONAL BIDS: a. Conditional bids will not be considered. Bid with conditions as to the bid amount, work amounts, limitations, qualifications or time constraints will not be considered. Bids with conditions as to the Work or items that would be included or would be not included in the Work will not be considered. Including in the Base Bid only the costs for an unconditional bid based on the Construction Documents and do not include proposed deductions or any qualifications in the Bid or Time amounts in the Base Bid whatsoever. b. Calcifications or qualifications by Subs, Vendor or Suppliers to the Bidders are not binding on the City and can not be made a part of any Bid or relied upon in any way to modify or limit the Work required by the Contract Documents. 34. "CALL BEFORE YOU DIG" STATE LAW: a. State Laws passed requiring notification and marking of underground items before digging on a construction project using mechanized equipment or hand tools are a requirement of this project. Failure to not do so can result in penalties. Safety is entirely the responsibility of the Contractor(s) and the Contractor(s) are to comply with all notification laws, regulations or customary requirements of the location, jurisdiction or place in which the work is to be preformed. It is not the responsibility of the Architect to indicate laws or applicable regulations for the location of City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 19 of 38 the work and is the responsibility of the Contractor(s) to obtain a full understanding of the conditions and requirements, laws and procedures for the work in the location the work is to be completed. 35. OTHER BIDDER RESPONSIBILITIES: a. it is the responsibility of the Bidders to determine issues, inconsistencies or questions during the bidding period and to request clarification of such items or questions in writing to the City. Questions must be submitted at least 5 working days prior to the bid date for response. The determination of cost issues that arise after the bid process, where question or clarifications where not completed by the Bidders will he determined by the City and no additional costs will be allowed for providing any item needed to properly complete the intent of the work indicated on the Documents as interpreted by the City. b. It is the responsibility of the Bidder to contact all City, State and/or Local Jurisdictions, Utilities and/or other Entities having Jurisdiction over the Work during the bid period and to determine any and all requirements, installation instructions, installation details or other conditions needed for properly providing the Work indicated and envisioned in the Contract Documents. After the bid period any adjustment that is needed to complete the Work such as, but not limited to; Utility Taps, Road and Entryway Configurations, Drainage Structures, Utility Installation Configurations costs or fees or other such similar requirements of Entities with Jurisdiction(s) over the Work or any such adjustments in the Work that is determined to be different than those shown on the Contract Documents and needed to meet the demands or requirements of such Utilities or Jurisdictions will be paid for by the Bidder. 35. SUBCONTRACTOR DISCLOSUER FORMS, ILLEGAL ALIEN EMPLOYMENT ACT REGISTRATION: a. All BIDDERS are required to provide complete disclosure of all subcontractors, vendors, suppliers or anyone else involved in the Work. Complete disclosure of the work, costs and contractual relationship of all Bidders are to be provided upon request including both the State's Grant & Disclosure Form (F-1, revision 11-29-00) and the State of Arkansas Immigrant website statements. b. All bidders are required to complete the State's Illegal Alien Employment Act certifications. Successful bidders are required to access the State's Web Site (www.arkansas.gov/dfa/procurement) and to register as required. 37. DISCLOSURE OF SUBCONTRACTORS AND SUBCONTRACTOR PRICING: a. A detailed breakdown of costs for the Work in the CSI format is required to be delivered to the City after the Bidding by the successful Bidder for review with the City and/or State Authorities. b. A detailed list of all subcontractors, vendors and suppliers of the Work is required to be delivered to the City after the Bidding by the successful Bidder for review with the City and /or State Authorities. The City reserves the right to review and approve the use of any sub -contractor, vendor, material or product for use in the project. 38. CONTRACTORS COMPLETION: a. Lien Releases are to be executed by all sub -contractors, vendors and the General Contractor and are to be submitted along with a Consent of Surety as a condition to be completed when the Final Payment Request is delivered to the Architect for review and payment by the City. b. Contractor is to attach final payment request to the completed Consent of Surety Document and is to provide supporting attachments for; the General Contractors overall Final Lien Release and supporting Final Lien Release Documents from all subs, major vendors and suppliers as supporting evidence that all payments have been made and are complete for the Work. Consent of Surety document can be obtained from Architect. c. Letter of Completion: At the time of Final Payment the Contractor is to also submit a letter on the firm's letterhead and signed by the City or Authorized Agent of the Contractor stating that all work has been completed to the requirements of the Contract Documents and the Work is ready for Occupancy. Attach copies of local jurisdictions Occupancy Permit where required. 39. ATTACHMENTS TO BID DOCUMENTS: The following attachments are hereby included and made part of the requirements for this bid package. Pricing shall be inclusive of entire bid package. City of Fayetteville, AR Bid 16-40, Construction —Central Fire Station Roofing Page 20 of 38 a: ham. All lzid dr e:urrients arelncluded with FILE 01 isstir_dl oil Ihe F}rolpci. Addhiion it docnments nlav be issut=d via addendum, City of Fayetteville, AR Bid 16-40, Construction —Central Fire Station Roofing Page 21 of 38 City of Fayetteville Bid 16-40, Construction — Central Fire Station Roofing Bid Form Contract Name: Bid 16-40, Construction — Central Fire Station Roofing Bid Number 16-40 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: giBidder: wo C©1 ,�!"TL W3Q Section I — Intent: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville in the form included in the Contract Documents to perform and furnish all Work -as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Section 2 —Terms & Conditions: 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of City's Notice of Award. Section 3 — Bidder's Representations: in submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A.) Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date � car rlJ/ B.) Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work - City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 22 of 38 C.) Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D.) Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that City and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E.) Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F.) Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G.) Bidder is aware of the general nature of work to be performed by City and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H.) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I.) Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J.) The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K.) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over City. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 23 of 38 L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. Section 4 —Price: 0 O Total Lump Sum Bid in the amount of $ _ 0 q Q. __ Section 5 —Listing of Subcontractors: I, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will not enter into contracts with others for these divisions of the Work without written approval from the City. Section 6_ Contract Times: A.) Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in the Agreement. B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the Agreement. Section 7 — Communications: A.) Communications concerning this Bid shall be addressed to the Bidder as follows: lSJJ Yob Cr� ._ l> 4 ign aw,"; (.L 1 Phone No. 7— L--_ FAX No. r)1-3GI— IVof Section 8— A.) This bid is being submitted in good faith, according to the entire bid package presented: SUBMITTED on this (✓d?rpcdbyDateof_ 1, 20_J_._. Arkansas State Contractor License No. DUNSIt: CAGE CODE: If Bidder is: City of Fayetteville, AR Bid 16-40, Construction —Central Fire Station Roofing Page 24 of 38 OPTION 1: An Individual Name (type or printed): By:— — (individual's Signature) (SEAL) Doing business as: ,_ _ _...... _ Business address- Phone No.: FAX tva_: _. OPTION 2; A Partnership Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No., -AX No, --- OPTION 3: A Corporation or LLC Corporation Name)'- � n _ i 11LL Date of Incorporation: J OYv (J fc O 1p Type (General Business, Professional, Service, Limited Liability): City of Fayetteville, AR Bid 15.40, Construction — Central Fire Station Roofing Page 25 of 38 By. (Signature — attach evldenLe of authority to sign) Name (typeorprinted): 1CtYt.-_'OX fy r_ y1 b/ Title:4�s \{_1'f5f;'I L1`" J ) (CORPORATE SEAL) Business address:L_tC¢ FAX No.: �-• -1 1- f> 4 City of Fayetteville, AR Bid 1S.40, Construction — Central Fire Station Roofing Page 26 of 38 City of Fayetteville Bid 16-40, Construction — Central Fire Station Roofing Vendor References The following information is required from all Bidderssoall bids may be reviewed and properly evaluated COMPANY NAME:—�G�jCpu1. BUSINESS ADDRESS: Vo 6 Hr I1` ;!_�_ �0��1 ------ ©fL. F')�Jl�l �rI/� 7)77 NUMBER OF YEARS IN BUSINESS: - — HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULLTME PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: FULLTIME PARTTIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be comoletedl. Contractors shall have valid experience. COMPANY NAME COMPANY NAME ik2 A4P± CITY, S(ATE, ZIP CITY, STATE, ZIP Ly CONTACT PERSON c/- 1161 TELEPHONE DATE COMPLETED SC' E-MAIL ADDRESS COMPANY NAME CITY, STATE, ZIP CONTACT PERSON L{)`t- TELEPHONE DATE COMPLETED E-MAIL ADDRESS City of Fayetteville, AR Bid 16-40, Construction - Central Fire Station Roofing Page 27 of 38 149 — - CONTACT PERSON '/7- -2 -67/OO TELEPHONE ) / DATE COMPLETED E-MAIL ADDRESS COMPANY NAME CITY, STATE, ZIP e ±0 CONTACT PERSON Y'1I- TELEPHONE J -/) /C9 DATE COMPLETED S &�� e 0 Ego . ed u E-MAIL AD DRESS City of Fayetteville Bid 16-40, Construction — Central Fire Station Roofing SPECIFICATIONS PART I: GENERAL 1.0. OVERVIEW A. Bidder shall provide all labor, materials, tools and equipment for the installation of a complete 20 year mechanically attached 50 Mil PVC roof system. Work shall include but is not limited to wall cap, wall to roof flashings, counter flashings, roof penetration flashings, mechanical unit flashings, and walk way pads. Demo, and haul off shall be by contractor. All bidders are required to visit the site to verify measurements and existing conditions. Site verification may be done at the scheduled pre -bid meeting or by contacting Wade Abernathy, Facilities Management Supervisor at (479) 575-8363, Failure to attend the pre -bid meeting or schedule an on -site inspection with Wade Abernathy could result in bid rejection. Bidders shall be aware of the following additional job specific requirements: a. The City will release all work presented in the at one time with a single Notice to Proceed. b. All permits necessary to complete this job shall be obtained and paid for by the awarded contractor. City permits are required; however, fees for City issued permits shall be waived. c. Work shall be completed within thirty (30) calendar days of Notice to Proceed. d, The City does not intend on holding any retainage from payments associated with this project. e. Payments will be made within thirty (30) calendar days of accepted invoice. f. Liquidated damages do not apply to this project. g. Contractor shall be held responsible for any damages done to City property or property of others during their work associated with this project. h. Contractor shall coordinate with City during construction. i. Work hours available for construction include Monday — Saturday, 6AM — 7PM. Contractor shall be considerate of neighbors. j. Contractor is responsible for all demo and haul off. k. Any dumpster used on site shall be acquired from the City of Fayetteville Recycling and Trash Collection Division. Use of other commercial third -party containers is not allowed. 1.1. REFERENCES A. NRCA - The NRCA Roofing and Waterproofing Manual. B. ASCE 7- Minimum Design Loads for Buildings And Other Structures. C. UL- Roofing Materials and Systems Directory, Roofing Systems (TGFU. R10128). D. ASTM C 1289 - Standard Specification for Faced Rigid Cellular Polyisocyanurate Thermal Insulation Board. E. ASTM D 751- Standard Test Methods for Coated fabrics. F. ASTM D 4434 -Standard Specification for Poly (Vinyl Chloride) Sheet Roofing. G. ASTM E 108 -Standard Test Methods for Fire Tests of Roof Coverings. H. ASTM E 11 9 -Standard Test Methods for Fire Tests of Building Construction and Materials. 1.2, SYSTEM DESCRIPTION City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 28 of 38 A. General: Provide installed roofing membrane and base flashings that remain watertight; do not permit the passage of water; and resist specified uplift pressures, thermally induced movement, and exposure to weather without failure. 1. Approximately 95 squares in size. All bidders shall verify measurements in person at pre -bid meeting or other scheduled appointment prior to placing a bid. B. Material Compatibility: Provide roofing materials that are compatible with one another under conditions of service and application required, as demonstrated by roofing membrane manufacturer based on testing and field experience. C. Physical Properties: See Section 2.2 below. D. Cool Roof Rating Council (CRRC): 1. Membrane must be listed on CRRC website. a. Initial Solar Reflectance: ≥ 88% b. Initial Thermal Emittance: ≥87% c. Initial Solar Reflective Index (SRI): ≥ 111 d. 3 -Year Aged Solar Reflectance: ≥ 68% e. 3 -Year Aged Thermal Emittance: ≥ 84% f. 3 -Year Aged Solar Reflective Index (SRI): ≥ 82 1.3. SUBMITTALS A. Site visit required prior to submittal. 1. Bid shall be based on exact field measurements prior to submittal B. Bidder shall submit the items below after award. These items are not required with the bid submittal. 1. Manufacturer data sheets on each product to be used, including: a. Preparation instructions and recommendations. b. Storage and handling requirements and recommendations. c. Installation methods. d. Maintenance requirements. 2. Shop Drawings: Indicate insulation pattern, overall membrane layout, field seam locations, joint or termination detail conditions, and location of fasteners. 3. Verification Samples: For each product specified, two samples, representing actual product, color and finish. a. 4 inch by 6 inch sample of roofing membrane, of color specified. City of Fayetteville, AR Bid 16-40, Construction —Central Fire Station Roofing Page 29 of 38 b. 4 inch by 6 inch sample of walkway pad. c. Termination bar, fascia bar with cover, drip edge and gravel slop if to be used. d. Each fastener type to be used for installing membrane, insulation/recover board, termination bar and edge details. 4. Installer Certification: Certification from the roofing system manufacturer that installer is approved, authorized, or licensed by manufacturer to install roofing system. 1.4. QUALITY ASSURANCE A. Perform work in accordance with manufacturer's installation instructions. B. Manufacturer Qualifications: A manufacturer specializing in the product ion of PVC membranes systems and utilizing a Quality Control Manual during the production of the membrane roofing system that has been approved by and is inspected by Underwriters Laboratories. C. Installer Qualifications: Company specializing in installation of roofing systems similar to those specified in this project and approved by the roofing system manufacturer. D. Source Limitations: Obtain components for membrane roofing system from roofing membrane manufacturer. E. There shall be no deviations from the roof membrane manufacturer's specifications or the approved shop drawings without the prior written approval of the manufacturer. 1.5. REGULATORY REQUIREMENTS A. Conform to applicable code for roof assembly wind uplift and fire hazard requirements. B. Fire Exposure: Provide membrane roofing materials with the following fire -test -response characteristics. Materials shall be identified with appropriate markings of applicable testing and inspecting agency. 1. Exterior Fire -Test Exposure: a. Class A; ASTM E 108, for application and roof slopes indicated. Z. Fire -Resistance Ratings: Comply with ASTM E 11 9 for fire -resistance -rated roof assemblies of which roofing system is a part. 3. Conform to applicable code for roof assembly fire hazard requirements. C. Wind Uplift: 1. Roofing System Design: Provide a roofing system designed to resist uplift pressures calculated according to the current edition of the ASCE-7 Specification Minimum Design Loads for Buildings And Other Structures. 1.6. PRE- INSTALLATION MEETING A. Convene meeting not less than one week before starting work of this section. B. Review methods and procedures related to roof deck construction and roofing system including, but not limited to, the following. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 30 of 38 1. Meet with City, testing and inspecting agency representative, roofing installer, roofing system manufacturer's representative, deck installer, and installers whose work interfaces with or affects roofing including installers of roof accessories and roof -mounted equipment. 2. Review and finalize construction schedule and verify availability of materials, installer's personnel, equipment, and facilities needed to make progress and avoid delays. 3. Examine deck substrate conditions and finishes for compliance with requirements, including flatness and fastening. 4. Review structural loading limitations of roof deck during and after roofing. 5. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construct ion that will affect roofing system. 6. Review governing regulations and requirements for insurance and certificates if applicable. 7. Review temporary protection requirements for roofing system during and after installation. 8. Review roof observation and repair procedures after roofing installation. 1.7. DELIVERY, STORAGE AND HANDLING A. Deliver roofing materials to project site in original containers with seals unbroken and labeled with manufacturer's name, product brand name and type, date of manufacture, and directions for storing and mixing with other components. B. Store liquid materials in their original undamaged containers in a clean, dry, protected location and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight. C. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written instructions for handling, storing, and protecting during installation. D. Store roof materials and place equipment in a manner to avoid permanent deflection of deck. E. Store and dispose of solvent -based materials, and materials used with solvent -based materials, in accordance with requirements of local authorities having jurisdiction. 1.8. WARRANTY A. Contractor's Warranty: The contractor shall warrant the roof application with respect to workmanship and proper application for two (2) years from the effective date of the warranty issued by the manufacturer. Warranty shall be inclusive of all labor. B. Manufacturer's Warranty: Shall be no dollar limit type and provide for completion of repairs, replacement of membrane or total replacement of the roofing system at the then current material and labor prices throughout the life of the warranty. In addition the warranty shall meet the following criteria: 1. Warranty Period: 20 years from date issued by the manufacturer. 2. No exclusion for damage caused by ponding water. 3. No exclusion for damage caused by biological growth, City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 31of38 4. Issued direct from and serviced by the roof membrane manufacturer. 5, Transferable for the full term of the warranty. PART 2 PRODUCTS 2. 1. Manufacturer A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Carlisle Syntec® 2. Duro-last® 3. GAF® 4. John Manville® 5. Sika Sarnafil® B. All roofing system components to be provided or approved by Manufacturer C. Substitutions: Not permitted without pre -approval, prior to bid deadline, from the City of Fayetteville. 2.2. ROOFING SYSTEM COMPONENTS A. Roofing Membrane conforming to ASTM D 4434, Type III, fabric -reinforced, PVC. Membrane properties as follows: 1. Thickness: a. 50 mil. 2. Exposed Face Color: a. White. B. Accessory Materials: Provide accessory materials supplied by or approved for use by manufacturer. 1. Sheet Flashing: Manufacturer's standard reinforced PVC sheet flashing. 2. Factory Prefabricated Flashings: manufactured using Manufacturer's standard reinforced PVC membrane. a. Stack Flashings. b. Curb Flashings. c. Inside and Outside Corners. d. Drain Boots, Composite Dra in Rings (CDR) and Dome Strainers. e. Vinyl Coated Metal Scupper Inserts. f. Vinyl Coated Pitch Pans. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 32 of 38 3. Sealants and Adhesives: Compatible with roofing system and authorized by manufacturer 4. Slip Sheet: Compatible with roofing system and authorized by manufacturer 5. Fasteners and Plates: Factory -coated steel fasteners and metal or plastic plates meeting corrosion - resistance provisions in FMG 44 70, designed for fastening membrane and insulation to substrate. a. # 14 Heavy Duty Fasteners. b. Poly Plates - c. Cleat Plates. 6. Termination and Edge Details: a. Termination Bar. b. Flat Coping. 7. Vinyl Coated Metal: 24 gauge, hot -clipped galvanized, grade 90 metal with a minimum of 17 mil of membrane laminated to one side. 8. Two -Way Roof Vents: Install a minimum of 1 vent for each 1,000 ft2 (93m2) of roof area. C. Slip Sheet --0.4MIL D. Walkways 1. Provide non-skid, maintenance -free walkway from ladder to and around all mechanical equipment. PART 3 EXECUTION 3.1. EXAMINATION A. Verify that the surfaces and site conditions are ready to receive work. B. Verify that the deck is supported and secured. C. Verify that the deck is clean and smooth, free of depressions, waves, or projections, and properly sloped to drains, valleys, eaves, scuppers or gutters. D. Verify that the deck surfaces are dry and free of standing water, ice or snow. E. Verify that all roof openings or penetrations through the roof are solidly set. F. If substrate preparation is the responsibility of another contractor, notify Architect of unsatisfactory preparation before proceeding. G, Prior to re-covering an existing roofing system, conduct an inspection of the roofing system 1. Determine required fastener type, length, and spacing. 2. Verify that moisture content of existing roofing is within acceptable limits. 3. Identify damaged areas requiring repair before installation of new roofing, 4. Conduct core cuts as required to verify information required. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 33 of 38 3,2. PREPARATION A. Clean surfaces thoroughly prior to installation. B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. C. Surfaces shall be clean, smooth, free of fins, sharp edges, loose and foreign material, oil, grease, and bitumen. D. Re- Roofing over Existing Single- Ply System: 1. Cut existing membrane free from entire roof perimeter and from around all penetrations. 2. Slice membrane in a 10 foot grid pattern throughout field of roof. 3. Remove all loose or high fasteners. 4. Remove PVC membrane installed directly over styrene insulation board and repair damaged insulation. 3.3. 1NSTALLATI ON A. Install insulation in accordance with the roof manufacturer's requirements. B. Separation Slip Sheet 1. Install in accordance with the roof manufacturer's requirements. C. Roof Membrane: 50 mil PVC thermoplastic membrane, 1. Use only fasteners, stress plates and fastening patterns accepted for use by the roof manufacturer. Fastening patterns must meet the applicable design requirements. 2. Install fasteners in accordance with the roof manufacturer's requirements. Fasteners that are improperly installed shall be replaced or corrected. 3. Mechanically fasten membrane to the structural deck utilizing fasteners and fastening patterns that in accordance with the roof manufacturer's requirements. 4. Cut membrane to fit neatly around all penetrations and roof projections. 5. Unroll roofing membrane and positioned with a minimum 6 inch overlap. D. Seaming: 1. Weld overlapping sheets together using hot air. Minimum weld width is 1- 1/2 inches. 2. Check field welded seams for continuity and integrity and repair all imperfections by the end of each work day. E. Membrane Termination/Securement: All membrane terminations shall be Completed in accordance with the membrane manufacturer's requirements. 1. Provide securement at all membrane terminations at the perimeter of each roof level, roof section, curb flashing, skylight, expansion joint, interior wall, penthouse, and other similar condition. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 34 of 38 2. Provide securement at any angle change where the slope or combined slopes exceeds two inches in one horizontal foot. F. flashings: Complete all flashings and terminations as indicated on the drawings and in accordance with the membrane manufacturer's requirements. 1. Provide securement at all membrane terminations at the perimeter of each roof level, roof section, curb flashing, skylight, expansion joint, interior wall, penthouse, and other similar condition. a. Do not apply flashing over existing thru -wall flashings or weep holes b. Secure flashing on a vertical surface before the scam between the flashing and the main roof sheet is completed. c. Extend flashing membrane a minimum of 6 inches (152 mm) onto the main roof sheet beyond the mechanical securement. d. Use care to ensure that the flashing does not bridge locations where there is a change in direction (e.g. where the parapet meets the roof deck). 2. Penetrations: a. Plash all pipes, supports, soil stacks, cold vents, and other penetrations passing through the roofing membrane as indicated on the Drawings and in accordance with the membrane manufacturer's requirements. b. Utilize custom prefabricated flashings supplied by the membrane manufacturer. c. Existing flashings: Remove when necessary to allow new flashing to terminate directly to the penetration. 3. Pipe Clusters and Unusual Shapes: a. Clusters of pipes or other penetrations which cannot be sealed with prefabricated membrane flashings shall be sealed by surrounding them with a prefabricated vinyl coated metal pitch pan and sealant supplied by the membrane manufacturer. b. Vinyl -coated metal pitch pans shall be installed, flashed and filled with sealant in accordance with the membrane manufacturer's requirements. c. Pitch pans shall not be used where prefabricated or field fabricated flashings are possible. G. Roof Drains: 1. Coordinate installation of roof drains and vents. 2. Remove existing flashing and asphalt at existing drains in preparation for sealant and membrane. 3. Provide a smooth clean surface on the mating surface between the clamping ring and the drain base. H. Edge Details: 1. Provide edge details as indicated on the Drawings. Install in accordance with the membrane manufacturer's requirements. City of Fayetteville, AR Bid 16-40, Construction —Central Fire Station Roofing Page 35 of 38 2. Join individual sections in accordance with the membrane manufacturer's requirements. 3. Coordinate installation of metal flashing and counter flashing 4. Manufactured Roof Specialties: Coordinate installation of copings, counter flashing systems, gutters, downspouts, and roof expansion assemblies specified in Section 077 10. I. Walkways: 1. Install walkways in accordance with the membrane manufacturer's requirements 2. Provide walkways where indicated on the Drawings. 3. Install walkway pads at roof hatches, access doors, rooftop ladders and all other traffic concentration points regard less of traffic frequency. Provided in areas receiving regular traffic to service rooftop units or where a passageway over the surface is required. 4. Do not install walkways over flashings or field seams until manufacturer's warranty inspection has been completed. J. Water cut-offs: 1. Provide water cut-offs on a daily basis at the completion of work and at the onset of inclement weather, 2. Provide water cut-offs to ensure that water does not flow beneath the completed sections of the new roofing system. 3. Remove water cut-offs prior to the resumption of work. 4. The integrity of the water cut-offs is the sole responsibility of the roofing contractor. 5. Any membrane contaminated by the cut-off material shall be cleaned or removed. 3.4. FIELD QUALITY CONTROL A. The membrane manufacturer's representative shall provide a comprehensive final inspection after completion of the roof system. All application errors shall be addressed and final punch list completed. 3.5. PROTECTION A. Protect installed roofing products from construction operations until completion of project. B. Where traffic is anticipated over completed rooting membrane, protect from damage using durable materials that are compatible with membrane. C. Repair or replace damaged products after work is completed. City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 36 of 38 City of Fayetteville Bid 16-40, Construction — Central Fire Station Roofing Draft Contract — Between City and Contractor This contract executed this day of 2016, between the City of Fayetteville, Arkansas, and In consideration of the mutual covenants contained herein, the parties agree as follows: 1_ 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 16-40 as stated in bid proposal, and in accordance with specifications attached hereto and made a part hereof tinder Bid 16-40, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay based on their bid proposal in an amount not to exceed $ 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 consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 16-40 with the specifications and conditions typed thereon. B. _ - 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 and may be modified only by a duly executed written instrument signed by the City of Fayetteville and. 5. shall not assign its duties under the terms of this agreement. 6. 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 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, 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, 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. Workmen's Compensation Statutory Amount Comprehensive General & City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 37 of 38 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 S. _..,� to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or with 30 days written notice. 10 This project shall be completed within 30 calendar days from issue date of Notice to Proceed. 11 Liquidated Damages: Not applicable for this project. 12. 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 manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25- 19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. i.i3. 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,. DAY OF , 2016. CONTRACTOR NAME CITY OF FAYETTEVILLE, ARKANSAS By: By Signature LIONELD JORDAN, Mayor Printed Contractor Name & Title ATTEST (Signature) Company Secretary (Printed Nome) Business Address City, State & Zip Code Date Signed: City of Fayetteville, AR Bid 16-40, Construction — Central Fire Station Roofing Page 38 of 38 ATTEST: (Signature) Sondra Smith, City Clerk —Treasurer Date Signed: