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HomeMy WebLinkAbout226-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 226-16 File Number: 2016-0537 BID 16-50 PIANALTO CONSTRUCTION: A RESOLUTION TO AWARD BID NO. 16-50 AND AUTHORIZE A CONTRACT WITH PIANALTO CONSTRUCTION, INC. OF TONTITOWN, ARKANSAS IN THE AMOUNT OF $156,937.00 FOR CONSTRUCTION OF THE TRANSPORTATION SALT STORAGE FACILITY, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00. 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 No. 16-50 and authorizes a contract with Pianalto Construction, Inc. of Tontitown, Arkansas in the amount of $156,937.00 for construction of the Transportation Salt Storage Facility, and further approves a project contingency in the amount of $30,000.00. PASSED and APPROVED on 12/20/2016 Page 1 Attest: Sondra E. Smith, City Clerkrejsu�& %'.-4 :9 �y} c 4C3 S ll fir' �"rii6iili y Printed on 12121116 -4. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0537 Agenda Date: 12/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 9 BID 16-50 PIANALTO CONSTRUCTION: A RESOLUTION TO AWARD BID NO. 16-50 AND AUTHORIZE A CONTRACT WITH PIANALTO CONSTRUCTION, INC. OF TONTITOWN, ARKANSAS IN THE AMOUNT OF $156,937.00 FOR CONSTRUCTION OF THE TRANSPORTATION SALT STORAGE FACILITY, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00 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 No. 16-50 and authorizes a contract with Pianalto Construction, Inc. of Tontitown, Arkansas in the amount of $156,937.00 for construction of the Transportation Salt Storage Facility, and further approves a project contingency in the amount of $30,000.00. City of Fayetteville, Arkansas Page 1 Printed on 12/21/2016 City of Fayetteville Staff Review Form 2016-0537 Legistar File IC" x.2201 2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 11/10/2016 Facilities Management/ Finance & Internal Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of a Resolution awarding Bid 16-50 Fabric Storage Building and authorizing a contract with Pianalto Construction Inc. in the amount of $156,937.00 for the Transportation Salt Storage Facility and approving a Contingency in the amount of $30,000.00 Budget Impact: 2100.410.5500-5804.00 Transportation Account Number Fund 15002.1 Winter Weather Operations Center Project Number Project Title Budgeted Item? Yes Current Budget $ 339,931.00 Funds Obligated $ - Current Balance Does item have a cost? Yes Item Cost $ 156,937.00 Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ t82,9 h< =t V20140?7D Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF Fayv"'e'Ite-ville ARKANSAS MEETING OF DECEMBER 20, 2016 TO: Lioneld Jordan, Mayor City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Paul Becker, Director of Internal Services Terry Gulley, Transportation services Department Director FROM: Wade Abernathy, Facilities Management/Building Construction Manager DATE: November 9, 2016 SUBJECT: Bid 16-50 Fabric Storage Building RECOMMENDATION: Staff recommends approval of a resolution awarding Bid 15-60 Fabric Storage Building and authorizing a contract with Pianalto Construction Inc.in the amount of $156,937.00 for the Transportation Salt Storage Facility and approving a Contingency in the amount of $30,000. BACKGROUND: As a result of fluctuating salt prices, product availability and increased demand, Transportation is in need of a Salt Storage Structure. The larger storage facility will provide year round salt storage enabling the purchase of materials at optimum times, as well as eliminating the issue of availability of materials during peak demands. DISCUSSION: Pianalto will be contracted to provide and erect an 100 x 180 galvanized structure wrapped in a weather tight 23 mill fabric membrane in accordance with the specifications. They will place the structure on the foundation as designed by McGoodwin, William, & Yates and installed by the Transportation Department Staff as inspected by Building and Safety. BUDGET/STAFF IMPACT Project/subproject used will be 15002.1 Account: 2100.410.5500-5804 Attachments: Certification of Bids Contract Bid Documents Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF City of Fayetteville, AR Contract for: Bid 16-50, Construction - Fabric Storage Building Fi Vendor: Pianalto Construction, Inc. 'rayTerm: One year with four automatic one year renewals ARKANSAS This contract executed this /_ day of , 2016, between the City of Fayetteville, Arkansas, and Pianalto Construction, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Pianalto Construction, Inc.—at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 16-50 as stated in Pianalto Construction, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 16-50, all included herein as if spelled out word for word. 2, The City of Fayetteville shall pay Pianalto Construction, Inc. for completion of each project based on unit prices indicated in Pianalto Construction, Inc. bid proposal. 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. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. 3. The Contract documents which comprise the contract between the City of Fayetteville and Pianalto Construction, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 16-50 with the specifications and conditions typed thereon. B. Pianalto Construction, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Pianalto Construction, Inc. and may he modified only by a duly executed written instrument signed by the City of Fayetteville and Pianalto Construction, Inc. 5. Pianalto Construction, Inc. shall notassign its duties underthe terms of this agreement. 6. Pianalto Construction, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Pianalto Construction, Inc. performance of this contract. This clause shall not in anyform or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Pianalto Construction, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the City of Fayetteville, AR Bid 16-50, Construction — Fabric Storage Building Page 1 of 3 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, Pianalto Construction, Inc. shall provide and shall cause each Subcontractorto provide adequate employer's liability insurance forthe protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by Pianalto Construction, Inc. 1. Workmen's Compensation Statutory Amount 2. Comprehensive General & Automobile Insurance $500,000 for each person injured. 3. Bodily Injury Liability $1,000,000 for each accident. 4. Property Damage Liability $1,000,000 aggregate. Pianalto Construction, Inc. shall furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Pianalto Construction, Inc. with 30 calendar days written notice. 10 This Project shall be completed within 120 calendar days from Notice to Proceed 11. 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. 12. 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 Fayetteville City Council in advance of the change in scope, cost or fees. 13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 14 Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute. City of Fayetteville, AR Bid 16-50, Construction — Fabric Storage Building Page 2 of 3 15, Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted invoice. WITNESS OUR HANDS THIS _/? Pianalto Construction, Inc. Signature Printed Contractor Name & Title ATTEST (Signature) DAY OF 2016 �i06�g V,n r�a (-fU Company Secretary (Printed Name) Business Address r), Jo„ fi /31,x! City, State & Zip Code Date Signed: ____ —//[7 /6 City of Fayetteville, AR Bid 16-50, Construction — Fabric Storage Building Page 3 of 3 CITY OF F ATTEST: (Signature]�����Cg`?`.�..:�',t�'`rr Sondra E. Smith, City C0-'kriAturJFVlL LE • '� v �kA N1 ••� `� IV TO Date Signed: % z -" o7- Com' -/e/, CITY OF aOVIIle Y ARKANSAS l>ern 100' x 180' Gable -Style Fabric Storage ' building (materials, delivery, and installation) Bid: 16-50 DATE: 11.03.2016 TIME: 2:00 PM CITY OF FAYETTEVILLE ��ee� 1 Bid 16-50, Construction - Fabric Storage Building **r)fT�� Ifl71 Q44 Tmkidmf-ir n** Dixon Contracting, JUB Construction, ILuttrell Concrete lPianalto $299,600.00 1 $289,913.00 1 $ 350,000.00 1 $ 156,937.00 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: V�-1•' A. Rennie, Purchasing Manager Witness Inc. Inc. Construction, Inc. Construction, Inc. ntee Atlas- Clearspan 10OW ClearSpan 10OW Unit Bid GB 180L Truss SpanTech C -A 102 GB 1801 -Truss Bldg Dome D BLDG II II Each Extended Price I Extended Price Extended Price Extended Price $299,600.00 1 $289,913.00 1 $ 350,000.00 1 $ 156,937.00 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: V�-1•' A. Rennie, Purchasing Manager Witness BID BOND (Percentage) Bond No. 62964971; Pianalto Investments LLC dba Pianalto KNOW ALL PERSONS BY THESE PRESENTS, That we Construction of 875 West Henri De Tonti Blvd Springdale AR 72762 _. hereinafter referred to as the Principal, and WESTERN SURETY COMPANY - — ......... as Surety, are held and firmly bound unto f�citYDf Fayetteville _ 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 Bid 16-50, Construction - Fabric Storage Building_ 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 3rd day of November 2016 Principal Pidnalto Investitents LLC dba Pianalto Construction BY- zLz- L� :;A— Surety WESTERN SURETY 1;0.. ANY BY:�(g only Le %chneider, Attorney -in -Fact �,pRFCAAII~ .f SFIAL Form F4595-8-2001 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 62964970 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 Danny Lee Schneider _ _ its true and lawful attorneys) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Pianalto Investments LLC dba Pianalto Construction Obligee: City of City of Fayetteville Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as 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 attorriey(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 maybe printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of February 1 s t 2 017 , 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 ccrporaterqf) to be affixed this Irri day of November 2016 �. WES ' SLJ1tFAY COMPANY w 41IT�Wfflat. e Presrduiit E, jaU ¢� ss Q11 t 141ll otll4 day of Noye[nber in the year 2016 before mo, a notary public„ peraonnlly appeared Paul T. Bruilat, who being to me duly eworn, acknowledged that he signed the above Power of Attorney as the aforoaaid officer of ,�T,STEP`N SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. T+o'n bb b+.E,�..�a45�ba+b�n �.b�s�n4yy4 + S J. MOHR ' s U- L NOTARY PUSLICs i SOUTH DAKOTA s� � Notary Public - South Dakota �ayayyyygyyyyyti5y5yyyhgy 4 My Commission Expires June 23, 2021 1 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 3rd day of November 2016 WES 5r-14 SCJRF Y COMPANY Paul T nrflat, Vice President To validate bond authenticity, go to,WWw.enaRurecy,coin > Owner/Obligee Services > Validate Bond Coverage. Form F5306-1.2016 Pianalto Construction, Inc. - Sam ''le Insurance RAIN -1 OP ID: JL . YYYl CERTIFICAT8 OFt LIA91Ll� 1 lNgu11AANCr— :? - DATE (M - - 101244120120 166 __ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must—be-endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER-CDNiACT Walker Bros. Insurance, Inc. NAME: Danny Schneider, GIG P.O. Box 7570 IAICNo, Eat)7 479-306-4677 ONE (A+c. No,- 4793 306-5110 Springdale, AR 72766-7570 E-MAIL Danny Schneider, CIC ADDRESS, Danny@walkerbr.com INSURER(S) AFFORDING COVERAGE NAIC fl INSURER A: Auto Owners 18988 INSURED Pianalto Investments, LLC INSURER B; NCCI-Arkansas Pianalto Construction, Inc. P.O.BOX 6877 INSURER C Springdale, AR 72766 INSURER D INSURER E INSURER F: COVFRA('FS ([FRTIFIRATF kit IA4QI=P- RFVISIC)W All HVIRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1111" ADf)LSUNR: POLICY EFF POLICY EXP I Ta TYPE OF INSURANCE 11110 ma POLICY NUMBER IMMfDOrS'YYYl lMMf00lYYYY) __ LIMITS _ GENERAL LIABILITY m. EACH OCCURRENCE i $ 1,000.000 A X COMMERCIAL GENERAL LIABILITY X X 084624-70740657-16 0812512016 0812512017 DAMAGE TO RENTED PREMISES (Ea occurrence! ' $ 50r00 CL AIMS.MADE LX i OCCUR MFO EXP (Any one person) $ 6.000 PERSONAL &ADV INJURY :$ 1,000,000 GENE RAL AGGREGATE '$ 2,000.00 GEN'L AGGRECATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000,001 _ POLICY EC -T LOG AUTOMOBILE LIABILITY CUM BINLO, SINCY.F LIMIT i d atic:dvnrt 5 11000.000 A X ANY AUTO X 47-740.657.01 08/25/2016; 08125/2017.. BODILY INJURY (Per person) S ALL OWNED SCHEOULtO AUTOS AUTOS 60DILY4N,flFRY(Per acudant) 5 HIRED AUTOS NON•OWNEO AUTOS PROPEWFY DAMAGE i (PFRACCIO_NT) 3 }( UMBRELLA LIAB X ;OCCUR EACLIOCC URREN(:E $ 2,000,001) A EXCESS LIAB CLAIMS -MADE 47-740.657.03 08125/2016 08/25/2017 AGGREGATE $ 2,000,000 DED I X RETENTION$ 10000 $ WORKERS COMPENSATiDN X,'C STATU- OTH• AND EMPLOYERS' LIABILITY YIN (TORY LIMITS FR 8 ANY PROPRIETOR/PARTNER/EXECUTIVE X T B D 10114/2016 10114/2017 E L EACH ACCIDENT 5 1,000,000 OFF)CER/MEN!BER EXCLUDED? ❑ NIA JMarzdatory in NHj -- E L OISEASE - EA EMPLOYEE 5 1,000,000 If _ D gd3dDSCIIII)a RIPTIONwOF �OPERATIONSbemv EL 0ISEASE-POLICY LPA" S. 1,909,090 A Equipment Floater 084624-70740657-16 08/25/2016 0812512017 Lsd/Rent 100,000 Ded 509 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Work Comp contains a waiver of subrogation in favor of Flintco LLC; General Liability contains a waiver of subrogation and additional insured in favor of Flintco LLC, the owner & architect; GL incl completed operations.Flintco LLC, owner, and architect is additional insured on the auto. CERTIFICATE HOLDER CANCELLATION FLINTCO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Flintco 184 E. FANTINEL BLVD AUTHORIZED REPRESENTATIVE Springdale, AR 72762 `v)A_'-LD_ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD GENERAL PURPOSE RIDER - TO BE ATTACHED to and form part of Bond Number `j y ` j issued by the Surety, on behalf of_P-':----AnaP-0 Constructicn, LLC Of he.Femafter reterrev to as the Principal and in favor of C1 t,,,r (3f Pavel -L, vill Of i71 ji hereinafter referred to as the Obligee, in the sum of TJ --- Dollars °10, OQQ- - fj()--- ), effective the NOW, THEREFORE, it is agreed that ' -- , ! - -, - - ' Lt !-- 1 - - !, 11 IT 13 FURTHER AGREED that all other terms and conditions of this bond shall remain unchanged THIS RIDER IS TO BE EFFECTIVE the Slim dav of 1-1c ven, b- r _--q.1b SIGNED, SEALED AND DATED this 3Ct-h day of Hs-vei)I� o -r: ___'01 i Accepted By (Principal) By (Sea[) By (Seal) L Q, .... ..... f! rn i— r a Form F8976 Western Surety Company PORTER OF ATTORNEY - CERTIFIED COPY =snow AN Nfen By These Presents, that. WE8','M� 81-METY C(DIM-PAITi. a corporation duly organized and existing under the laws o' the State of' SoutL D I ajlr's Ila%, i it, . - -,(, SR iiouv F pzuty"), does by theSo presprits !oTU constitute and appoint F. alk, Scuth D e Rs 1rje and atfon-ii!'j, with fujl n—wer 'm_ U!]o-it% LeI e.by cmf'l _knowledke and deh,cr F.-,) il. 1, Surety; - I ond, for Principal: n i I f. c n - t 1: i c- v and to bind the Cc,),pa.,jy tI­Iorlej esale xt'.11t aL sf such bond, were s]; n: by the Senior fire T1 -? 1-psident, �ted ,-th the corDoraLn �,sl of top C(;n,j­rl:y �­G' J--Jlv ai t-�,V��(! L-) 1f., h,­roby ratiEYIPIe 11111 COTJIT'Prlhi� all that thr Paid ma, J. wit!, -,'A the above stated hrrutdtions ail] ij;:,d,r mAi -inr b• autholiV of the following bylaw ',jure'•- Comparly which --m-aim in M. fence and pffea undrq t;Iloug, PnWCZ­fl 01 %,L;orWy.V •w 01bqr 4111TW101IR Of Lhil e6i-por iEiml, %hAll lie. Q%Vvkttad Jn tiro -4 ("111Y thtt Pl-ROW -JAv ADSjrtant &crctnlTvuiutir@.,, or any Vtv- PrcbtdenT nr bt &wb (-Lhor `11,ar5 as I his Fc;lird ofDati-etion tjiW,, auti,orip.- The PrA.Adeot, any *ace IlrrsMA",f, Sci�cjtajry, any Aovutcuil Su,vWry. or Lhe Tctmr;un•r may appoint Attomey� in I;k-_t oi- agents µlm Onjl I have authomy Ei, jqjjIcIG, pol t6CE. or Lmdcmalkkinci in tho mune ofibc Companv cmrpurate seat is not ri-c3yEat - y for tits cutditty rl,axk%. bonds. llr5wera cifAttilmny or other o1pligJ1101IN Id LhL cor,oranarl. rile sicnakwo of mV !imb uf%--w and Ilia v7rporatv i;4 -.J3 ina: - W p;injird by lau:ornilu All atifiiurity hx-eby -,onferre.- :,hill p, Lid "Oth.nut nutzLe. ullitc,, used be ore Iludluglif of but im-61 sucn tori-te sn_:) tli evucalt?le aiA iri FIii] F,and effoot, ,W;TJ;h WITh.ts Fruflat, And it, 'A_v thl, ...... in 11.t ya.0 !.,-,for., Mr. a nrt�n.y pul-lic, I-V ippe.2red Pant T R,­tL04jt, who bonc to n), dull, iIVOI'fl. Ad;nQ'A1M?YPd Olat h 2irwd r}e a •Pinot of rnpy as tyle al:7:­s,jd offitc-er 4 W'E.STERX S31METY and M'0 tui [It W 11,; Lln- act ancl do,,Ai nf..3ij + J. MOHR zr NOTARY PUBLIC ( QSEAL ( F8E7A-ZJL) 'I PUbh Sowh SOUTH DAKOTA + W- _P� o'SoutLiDa)�ota. �izhcrebyccrtkbvthl-t th, et! PowQr of Atri­ji�V ]tin) F 11 forc� ;TF. c[fcc� and i� .-.n(t `1- thorujorc, rhar. 5oction 4 b yIf l,w6 �th, Cmm= y ias �et forth in the Power ofskt-­­,,;y ie,, nmr IT, torr_ III 1415F.i1nany whereof, E '14" a4d v e d ofwcd+rrl 3wol'y "'Dnipair/ 11my N, tay 1 k N, Y To validate bond authenticity, go to > Owner/Obligee Ser -vices > Validate Bond Coverage. F.im, F15306 -I-2016 GENERAL PURPOSE RIDER TO BE ATTACHEDtoand form part of Bond Number issued by the as Surely, on behalf of Piana--,ro Investm,nts LL- dra----Jan'al of Fien-� Dj�� R -2, hereinafter referred to as the Principal and in favor of b A referred to as =nom ".)bfigee in the of I e n 31-; 8a r. 'd a Y ---i Dollars 0 0 C . 0 0- effective the day of -v irk t e i: NOW. THEREFORE, it is agreed that IT IS FURTHER AGREED that a[ other terms and; conditions of this bond shall remain unchanged. THIS RIDER IS TO BE EFFECTIVE the - 30tin day of SIGNED, SEALE-D AND DA'ITPD this i- A'ce'vted By (P'incipal) By BY -- ------ (Sea!' By —j (Seal) 7. Form F8876 - -- - - - Western Surety Company PONVER OF ATTORNEY - CERTIFIED COPT' Fond No _: w Foiww _! ll Men By Thee Presents, that 4"fE5A'FF.,. v S1_P1E:'Y COM A14Y, a oor€%oratimi c}ttly organizer} and em_stin;; Lutcler *Ire laws of the Stair, of Sout r D Imta and having its prinoipal oiboo in Sinha. Fnlls, 4rmth :Talent, (the "€_onipany' ), rlo's by these Illeaeuts =rzrko, it:a t. ue aazd lawful attorreyfs)-iu-fara., with full power and authority s'u reby coufetrecl, 1 o execute, .,knowledge awl deliver For and on its Ghali as Smreby bonds lbr: Pi'incip'll P. L: on, 1 r Irl' etV f F;,° ott-C9` mount.i!).:)�` aurl to bind tho ('c:•rnp'.4m. !.hereby n: Fully and to rhe satne extant. ,is if such'^rnds wcur- siguod by Lite Seni:n- Vice President., sealed wii.h The corp era+.e seal of 11rc Company and duly afte'tecl by LLs Stcretar;. ilc,; by ratiEong arr. c1-ln`n•nlin3 al' [.`..nC thr .,air: a.tonieyisl-c[fact" ui:l;• ci.i e'nthirr th above stated lhiiit.ationv. Said aplxrnf.menr is matle. ander and by anthnril:y ofthc iollnteino bylaw:_: \4estcrn Surety l ocnp_ur, eclri,:h r2tnaila in flrll fcnso a;ld effect 'Y�ra_liun ? A]' brnds Policies. wnlerLahings, Pore": n: of Attm•nry of other• cf tho corporahori ;ball he e•secuU:d ill Che a„ln�t ate Haute rf the Cc,ntpany by the }' esid Pni, S t•el.u:Y. au:y assi>I_autL ferrel at'V. 'i•:'easurc or any fire Freatdeat or iry such of.her o �irsn, s. 'lee B.1 -rd of Directoi- may auLhor;ze._ The !'residen±, ally ,`lee Pre::iciez:T. Sc:: rct;:c:r; anv Yssisi:uiL aecretai v: Ur the Treasare:- rac=.y aPpoitrt AttomeVs in Favi, or ageuts who shall have authority to issue b:nd,, holicie= c:r mode.! takict— in the name of the r: ornpar v. Tlie ccrponAtr seal is not alecossaiy ]br Ue validity of tucy bcnids. ;'oli(-ics, uttdc!'Lttl:iux,, P.)%yms of ztlotnev or other obli rAion= of tl.e cor rar-tirn The signature of any Stew oTwer and the corporilre =eal tray be printed b;' ,cxiirde :. ?'1 authority hcreby cnnfenrecl hall e.:cpire ;.md termiliaie, nilhoaL aeaire, enle a n,<•d befr.: e midnight o! :tall, until such tine shall he i! -evocable quid in itdl fcune mid effect 1111fl Irr;e{hlhyrayY' Vt�gs!'fi ,f. li'rr=ta•c•ic Srcri•T r:e.,arlr:,trr i1.r �,•,u,..,d Ill.. yr.:...•rrt T , i,..be r f1, k• f•'r'=esirtu. 1`aral ”" ttsvrJlar. :ctrl r•• .ti F spx i'rn,lllD:`:r[[!:•rrl'#.;+-Brit tJ(l�?'t� ilio+ f . , r1.1u :.} .. - :r'LY1i1�1':i4rt lYlllli,��i':1 1.err]'l •i'trll. .. i'i-tc.:.!! �'Lr4+tP(��"cit �flM�'3�,;�'�1•ltl f '!rl,rtii r .lay of 1 *. '<11=:: in Use• r,x:u _ _-. _ = - -, _� �.`.- _ f;rdorc• rr:e, .i votary 1111bhl. }terronall ;' ap,peaf•zd P -ail T b1-ctllur, who boing Lo irtr ,hrly nk'0131, a,: rv!:°lci3g;•! that lie-1c•terel the il:ive P wei, of Altornry as Ll,e atiirr xicl afiicr�r s( tVPSTT:FYN STM T Y CL i :!';k1 Y am, a tkno elec_erl -.airl iastrun"'A t.. by ,Ile colwit i,v ct ar_d reed :f s iu rurpnt•: ttm: +5r,aa�rw45�,s�:���yti5�ryyaii�s + - J. MOHR il BEAL NOTARY PUBLIC SEAL P `v twu 1'v h< - Sm ih l P.k:;`:a a e SOUTH DAKOTA Ss r + i '•i� C�:ari.-.-i.c:: Fxr,il"_o i11G _ J i Lhe urderzigned officer c \VesLet'u Snroty Cornliou,y, a -ttk1: cc,por.hon of he SfaLe of Sola h !.;ls,;ta, :lo 1,wroby' certify Lhat the ai 1.:lehecl Pow;t- of Attorni,y is in full force and off—t Arid is oe• bl e, an c` fin'therinore, that Sooti nn ofthe bylay.•v of the Conti eng as ec f:n th in the Pow"^r of Attorney is r-n.t in force To tom;vfnony vvlteeec:f, 7 have hereunto pct m.i 1.crrtl and seal orifi . tern 5La er1; i'nrnlrat.y this -- — -- _ day or 1' ,ni'I , 1iil. rr .. i•,•,Yslrl�•Hr To validate bond authenticity, go to tvivivx an -sure -Cy cum > Owner/Obligee Services > Validate Bond Coverage. Form F5306-1-2016 License No. 0050290417 ID #6291 State of Arkansas Commercial Contractors Licensing Board PIANALTO CONSTRUCTION, INC. PO BOX 6877 SPRINGDALE, AR 72766 PIANALTO CONSTRUCTION, INC. This is to Certify That i s duly -1i�.A,r.e,.a:n.G�„r the Provisions of Art S 0 ofthe 1. 65 Act -; as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: BUILDING - (COMMERCIAL & RESIDENTIAL) with the following suggested bid limit1,us�,doo from August 26, 2016 until _ April 30, 2017 when this Certificate expires. Witness our hands of the Board, dated at North Little Rack, Arkansas: CHAIRMAN SECRETARY August 26, 2016 - j CITY OF 7ay i t—Ile Project Check List ARKANSAS This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a,suiistitute for the re uirements 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. iAll addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. 111 - 1Apages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents 14 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: P'1-_1vV111(t0 ARKANSAS CONTRACTORS LICENSE NUMBER: City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 3 of 30 Pianalto Construction, lnc. Acknowl Bid 16-50, Addendum 1 Date: Tuesday October 25, 2016 To: All Prospective Vendors From: Les McGaugh —479.575.8220 — Imcgaugh@fayetteville-ar.gov RE: RFP 16-50, Construction — Fabric Storage Building dum 1 aye Revi=AS le This addendurn is hereby made a part of the contract documents to the same extent as though it were originally Included therein. Bidders should Indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD 1. All equals shall be pre -approved prior to bid deadline. a. Deadline to submit a request for a pre -approval is Thursday October 27, 2016 at 12:OOPM. Request for pre -approvals shall be submitted in writing via e-mail; all documentation shall be emailed to Les McGaugh at Imcgaugh@fayetteville-ar.gov and received by the deadline. b. Failure to submit a bid with a pre -approved manufacturer shall result in bid rejection. c. All back-up documentation justifying equal status shall be provided with pre -approval submittal e-mail before the deadline listed for pre -approved equals as listed above. Failure to submit full and adequate backup documentation and justification will result in rejection of pre -approval request. 2. Reference: Section 3 of the Technical Specifications, Page 25 of 36 "Manufacturer/Model" is hereby modified as follows: a. An Equal Manufacturer shall be approved by addendum a minimum of five (5) Calendar Days prior to bid opening. Building shall be fabricated in the USA and be manufactured by a company with a minimum of 8 years documented experience manufacturing the specified building model. Manufacturers having an equal product may submit information to the City Purchasing Agent, Les McGaugh, for inclusion in the approved list of Manufacturers. Information submitted shall demonstrate structures of similar size and shape, and demonstrate materials and method of construction. 3. Current Pre -Approved Manufacturers include: a. Clear Span Fabric Structures International, Inc. b. Brite Span Building Solutions Additional manufacturer's shall be approved via Addendum to all parties Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain - Fayetteville, AR 72701 4. The City of Fayetteville intends to issue a final addendum no later than Friday, October 28, 2016 including all pre -approved manufacturers. 5. A non -mandatory pre-bid meeting was held in the Transportation Training Room, 1525 S. Happy Hollow Rd. on Tuesday October 18th, 2016 at 2:00 PM. The sign in sheet of all attendees is attached. The following items were discussed during the pre-bid meeting: Structure and fabric shall extend to ground level below the 6' elevated pier at the entire perimeter of the structure. b. Completion Time shall be 120 calendar days from Notice to Proceed. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 ction. Inc. Acknowled2cs Addendum 2 Bid 16-50, Addendum 2 Date: Friday October 28, 2016 To: All Prospective Vendors From: Les McGaugh-479.575.8220—Imcgaugh@fayetteville-ar.gov RE: RFP 16-50, Construction —Fabric Storage Building Tay r1le This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THISADDENDUM ON THE DESIGNATED LOC4TION ON THE BID FORM. 1. Deadline to submit a request for a pre -approval was Thursday October 27, 2016 at 12:OOPM per Addendum 1. a. Failure to submit a bid with a pre -approved manufacturer shall result in bid rejection. 2. Pre -Approved Manufacturers include: a. Clear Span Fabric Structures International, Inc. b. Brite Span Building Solutions c. Span -Tech Fabric Building Systems c,.. , R. F Telecommunications Device for the Deaf TDD(479)521-1316 113 West Makintain - Fayetteville, AR 72701 City of Fayetteville Bid 16-50, Construction - Fabric Storage Building Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 16-50, Construction - Fabric Storage Building The City of Fayetteville is accepting bids from properly licensed and authorized firms for the purchase of materials, delivery, and installation of a 100 foot x 180 foot fabric salt storage building. Questions should he addressed to Les McGaugh, Purchasing Agent at Imcgaugh@favetteville-ar.eov or by calling (479) 575-8220. All bids shall be submitted in a sealed envelope or package labeled with the project name and/or description. All bids shall be received by Thursday November 03, 2016 before 2:00 PM,_local time at the City of Fayetteville, Purchasing Division address listed below. A public bid opening will be conducted shortly after the deadline at City Hall. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Bidding documents and plans shall be obtained by the City of Fayetteville Purchasing Division electronically. No partial sets shall be issued. Plans may also be reviewed only at the Fayetteville Purchasing Division. Addendums and updated plan holder listings will be posted on the City's website at http://fayetteville-ar.gov/bids . All vendors intending on bidding SHALL register as a plan holder by notifying Les McGaugh, via e-mail. 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. FAILURETO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. A non -mandatory Pre -Bid meeting will he held Tuesday October 18th 2016 at 2:00 PM in the Transportation Training Room 1525 S. Happy Hollow Road, Fayetteville, AR. All interested parties are encouraged to attend. Each bid shall he accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of Arkansas Contractor's License is required for all bid and license shall be valid at the time of bid deadline. . The manufacturer shall provide stamped drawings from a licensed engineer or architect in the State of Arkansas. Attention is called to the fact that the minimum prevailing wage rates for each craft or type of worker and the prevailing wage rate for overtime work as determined by the Arkansas Department of I abor applies to a contract award of $75,000 or more. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive conttacts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty (60) days from the bid opening date. City of Fayetteville By: Les McGaugh, Purchasing Agent P:479.575.8220 Email: Imcgaugh fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 10/07/2016 & 10/14/16 City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 4 of 30 City of Fayetteville Bid 16-50, Construction - Fabric Storage Building Bid Form DATE REQUIRED AS A COMPLETE UNIT: 120 CALENDAR DAYS FROM DATE OF ORDER F.O.B. Transportation, 1525 S. Happy Hollow Road, Fayetteville, AR 72701 100'x 180' Gable -Style Fabric 1 $ / -ja . 9 3`1• O;L 2, Storage building (materials, delivery, and installation) Please specify for Unit Bid: h A',L CL r�.tRrf- % ) lCv✓ 63 U/ /W�- 7 -,,Psi RIPS I Item 1— Manufacturer r Model Tlurrer /j,/40 aL F& laoz ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of product order. The manufacturer shall provide stamped drawings from a licensed engineer or architect in the State of Arkansas. THIS BID FORM CONTINUES ON THE NEXT PAGE. C�&- P, pauzj-'�s City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 5 of 30 Ob �0V-71 I -IiJ�tt --I a-7(1,6 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville_ 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS ^L�A_ 2.) RELATIONSHIP EXISTS (Please explain): 7. 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. 8_ As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance With the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. �l t 7,4 tr City of Fayetteville, AR Bid 16-50, Construction- Fabric Storage Building Page 6 of 30 0 ix CK, -77 A OD A`�' 1 --ra '7La W VA Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: ii.�r�';s �an5;r�,tr�n ten_ Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name P 'a" 1 t2 ed,-e-J� /- ,-L� _- _ _. *BUSINESS ADDRESS: ;M- #e,11.' 6- T,+,' dl✓a' *CITY: r! *STATE: *ZIP: *PHONE:.. �7y- `190 - 11P FAX:-- 47q -,2 *E-MAIL: ----- *BY: (PRINTED NAME) _ A . -(& *AUTHORIZED SIGNATURE:,. *TITLE: DUNS NUMBER: _ ;1:l� CAGE NUMBER: *TAX ID NUMBER: _ q,� - 2� Q- j,Zff Acknowledge Addendums: Addendum No_ Dated: —LaS- 4! Acknowledged by: Addendum No. - � Dated: D3 Acknowledged by: pu)j(' Addendum No. / Dated: /v X Acknowledged by: --Z/��._ Addendum No. Dated: Acknowledged by: ALL BIDDERS SHALL COMPLETE THE 'TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 7 of 30 City of Fayetteville Bid 16-50, Construction - Fabric Storage Building Technical Specification: Fabric Storage Building ALL BIDDERS SHALL COMPLETE THIS'TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FOR1'v'1 INA y COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a. ), bidder shall write a "check mark" or write "}e" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shalt indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed speci ication and can result in bidder DISQUALIFICATION. o Bidders shall NOT suppi ,warranty laa er5 f_oC the City toinCerpret wheCher a warranty sped catipn is met or not. 1 GENERAL - 1.1 The purpose of this bid if for the purchase, delivery, and installation on site for the City of Fayetteville, AR of a one -hundred (100) feet x one -hundred and eighty (180) feet fabric storage building, following the design specifications listed below. 1.2 The manufacturer shall provide stamped drawings from a licensed engineer or architect in the State of Arkansas. 1.3 A State of Arkansas Contractor's License is required for all bid and license shall be valid at the time of bid deadline. 1.4 All items to be bid F.O.B. Fayetteville, Arkansas 2. REFERENCES AND STANDARDS 2.1 The following publications are for the standards listed below but referred to within the document by basic letter designation only. They form a part of this specification to the extent referenced thereto: American Institute of Steel Construction (AISC): S326-78 Design, Fabrication and Erection of Structural Steel Buildings 5329-85 Structural Joints Using ASTMA325 or A490 Bolts b. American Iron and Steel Institute (AISI): SG 503-76 The Design of Fabrication of Cold -Formed Steel Structures c. American Society for Testing and Materials (ASTM): A 36-89 Structural Steel A 307-89 Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 24 of 30 A 325-89 High -Strength Bolts for Structural Steel Joints A 500 A-90 Standard Specification for Cold Formed Welded And Seamless Carbon Steel Structural Tubing in Rounds and Shapes A 563 Rev A-89 Carbon and Alloy Steel Nuts A 687-89 High -Strength Non -Headed Steel Bolts and Studs d. American Society of Civil Engineers (ASCE) Minimum Design Loads for Building and Other Structures. Latest edition as required by State Code, ASCE 7-98 American Society of Civil Engineers ASCE 7-02 American Society of Civil Engineers ASCE 7-05 American Society of Civil Engineers e. Canadian Standards Association CAN/CSA-S16.1 Limit States Design of Steel Structures 3. MANUFATURER/MODEL- 3.1 An Equal Manufacturer shall be approved by addendum a minimum of seven (7) Calendar Days prior to bid opening. Building shall be fabricated in the USA and be manufactured by a company with a minimum of 8 years documented experience manufacturing the specified building model. Manufacturers having an equal product may submit information to the City Purchasing Agent, Les McGaugh, for inclusion in the approved list of Manufacturers. Information submitted shall demonstrate structures of similar size and shape, and demonstrate materials and method of construction. 3.2 Pre -Approved Manufacturers: a. Clear Span Fabric Structures International, Inc. b. Brite Span Building Solutions c. Additional manufacturer's shall be approved via Addendum to all parties 3.3 Unit(s) bid shall be new, unused, and standard production model as offered for commercial trade. 3.4 Building prefabrication shall be performed under factory conditions in a plant specifically arranged for this type of work. Contractor shall provide adequate space, equipment, personnel, and technical ability to coordinate the assembly and factory prefabrication of all major components of the work and all necessary operation in the package, shipping, and installation procedures. No fabrication shall be done unless the materials have been tested and approved. 4. ITEM 1- TECHNICAL SPECIFICATIONS 4.1 General Design Requirements a. !L Building shall be installed on elevated piers to be installed by the City b. -)L Membrane shall be tensioned over framework c. ,tc SThe Structure shall be rectangular in shape with two (2) enclosed vertical gable end walls dThe structure shall be dasigned using methodology as per ASCE 7 standard referenced from the applicable building code. Primary and secondary framing shall comply with current issues of ISC, AISI, NEMA, and ASTM specifications, as applicable. e.�C Snow loads: The structure shall be designed based upon a minimum ground snow load of City of Fayetteville, AR Bid 16-50, Construction - Fabric storage Building Page 25 of 30 10 pounds per square foot (psf). f.c-'� Wind loads: The Structure shall be capable of withstanding a basic wind speed (3 -second gust) from any direction of 90 miles per hour. The design and wind pressure shall be based on an exposure category of "C" and appropriate wind load factors and coefficients in accordance with the applicable referenced ASCE 7 guidelines. In no event shall the wind load used in the design of the main wind force resisting system be less than 10 pounds per square foot multiplied by the area of the building or structure projected on a vertical plane that is normal to the wind direction. g.y_r'r Rainfall: The structure shall be capable of withstanding the effects of rainfall up to 4 inches per hour for at least 2 hours h.e 5" The main structure frame shall be designed to provide a minimum of 15 -year operational use period with appropriate use period with appropriate inspection and maintenance. i.- The structure shall be capable of being assembled, operated, and dismantled in all ambient temperatures between -207 and 1207. j.The structure shall be capable of being erected on concrete and of accepting differential settlement of up 1-1/2 % between truss positions. k. Design Loads: The design shall be. based as a minimum on the following design loads. Each member shall be designed to withstand stresses resulting from combinations of design loads that produce maximum percentage of actual to allowable stress in that member as per referenced ASCE 7 standard from applicable building code: D = Dead Load + Collateral Load S = Symmetrical Snow or Live Load (Balanced or Unbalanced) Ws = Wind with internal -suction Wp = Wind with internal pressure E = Earthquake 4.2 End Walls a._y!!f- Rear end wall shall be enclosed with steel framing and fabric and shall include I. Five (5) thirty-six (36) inch x thirty-six (36) inch louvered vents and framing b. f-( Frcnt end wall to be enclosed with steel framing and fabric and shall include // 1. Five (5) thirty-six (36) inch x thirty-six (36) inch louvered vents and framing, 2. One (1) sixteen (16) feet x sixteen (16) feet steel rollup door, and 3. One heavy duty thirty-six (36) inch x eighty (80) inch personnel door, location to be determined by the City. c.yPs One additional heavy duty thirty-six (36) inch x eighty (80) inch personnel door, location to be determined by the City 4.3 Structural Frame a.)crL Purlin Spacing: To Provide for structural stability and to provide for installation of accessory items, the main structural trusses shall be laterally braced by tubular purlins at intervals required by the truss design. X bracing shall terminate at every bay b. i,c�f Wind and Frame Bracing: The structure shall be appropriately stabilized with wind bracing cables well as any required secondary node restraint assemblies so as to efficiently transfer wind , snow, and seismic induced stresses to the City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 26 of 30 foundation/anchoring system. c. der Building shall be engineered to 10 Pounds per square foot ground snow load and 90 miles 7� per hour wind for a 3 second gust. d._1TXJ Connecting joints: connections between structural elements shall be designed so as to � transfer the compressive and tensile forces present in a given joint. A minimum of Grade 5 bolts shall be used at each truss chord joint. Primary axial steel, secondary purlins and end wall frame connections shall be made with a minimum of Grade 5 hex bolts, carriage bolts and self -drilling screws. e. C5 Mechanical Equipment Interface: The main structural roof trusses shall allow for installation of electrical and mechanical equipment based on collateral loads. Likewise, the structure shall accept penetrations through the membrane for access doors and mechanical services with minimal modification. f. fPf Ancillary Systems: The structure shall be designed such that it can be readily retrofitted with insulation systems and other ancillary systems such as lighting, sprinklers, HVAC, provided collateral load factors are taken into account. g. N&S Alternative Cladding Materials: The structure shall be designed such that alternative T� covering materials such as metal wall cladding can be added with minimal modification, if required. h. -)6f 5 All hardware needed to assemble buildings shall be supplied by bidder. 4.4 Membrane Cladding System a. y�The roof membrane shall for a weather tight shell over the structural frame. In orderto provide for a good finished appearance and to insure weather tightness, the membrane shall be assembled and tensioned, in a manner to minimize wrinkles in hot and cold temperatures. b.V('5 The gable wall membrane cladding shall be manufactured and connected to form one / piece to the adjacent wall and roof cladding. c.�Roof Membrane horizontal stretch shall be maintained with horizontal purlins requiring no ongoing maintenance. d.VOf Base tensioning system: The membrane cladding shall be provided with a mechanical tensioning system that allows the membrane to be fully tensioned around the structure perimeter. The system shall be designed such that the membrane can be tightly and neatly secured over the structural frame and such that the system has remaining range of adjustments e.� Membrane seal at opening and base: the bidder shall provide all the materials and methods necessary to fully and seal the membrane material around all doors, ventilation, and other openings as well as around the structure perimeter below the main tensioning system. The seal shall provide a neat and finished appearance and eliminate any loose membrane cladding that would otherwise be damaged by flapping or abrasion. When a membrane base skirt is required, this shall be supplied and attached at the base perimeter to allow a reasonable seal against air and water intrusion. f. vim_ The membrane shall not be designed to function as a structural member such that, should City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 27 of 30 any damage to or penetrations of the membrane occur, the integrity of the structural framework shall not be affected. g. ,-0—bidder shall provide drawings and calculations acceptable to the architect/engineer of the record, meeting the provisions of the applicable state building code. The contractor shall bear all costs for production of drawings and associated structural calculations. Contractor shall make all revisions and corrections to those documents required for approval and shall resubmit as required to obtain approvals. 4.5 Interior: a.�Below the main trusses shall be clear of any structural support members and shall provide unobstructed floor space 4.6 Exterior a. of No exterior purlins, guy ropes, or cables shall be used for anchoring the structures Materials 5.1 All materials used in the structure shall be new, without defects and free of repairs. The quality of the materials used shall be such that the structure conforms to the performance requirements specified herein. a. 'TCt' Cladding Membrane: The structure shall be clad with a Flame Retardant polyolefin fabric ` manufactured by an approved and reputable supplier with demonstrated long-term performance. The polyolefin membrane fabric shall be waterproof and free from defects. Shall meet NFPA 701 testing criteria. b.y Metal: The main structure shall consist of welded truss arches with parallel tube chords j� separated by webbing. Parallel tube cords are made from structural steel tubing, cold - formed and induction welded of modified grade carbon steel, providing a finished tubular product with exceptional mechanical and corrosion resistant properties. The tube cord shall be post production hot dip galvanized and to be sized to avoid deflections. c. i Lj Tolerances: all dimensional tubing tolerances shall be in accordance with ASTM A500, �'- Section 10 d. TUBING: Tubing shall be manufactured using steel conforming to ASTM A568 and ASTM A1011. Finished steel tubing used in the structure must have the following minimum structural and mechanical properties based on standard ASTM A500: Tension Ultimate: 55 KSI and Yield: 50 KSI Corrosion Protection: All steel tube components, trusses, purling, fastening tubes shall be coated, on the exterior, with a gloss finishing providing a corrosion resistance of 1800 hours as per ASTM B117-90; Coatings: Zinc conforms to ASTM B6, Standard Specifications for Zinc, High Grade (1.1.3.) and Special High Grade (1.1.2.). Exterior: In-line galvanized to a normal coating zinc weight of 0.6 oz/ft2. Chromate conversion coating applied over the galvanized surface to provide additional corrosion City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 28 of 30 protection. Clear organic polymer applied as the top surface coat to retard oxidation, enhance surface appearance and provide a primer for subsequent painting or powder coating processes as desired. Interior: Full zinc based organic coating applied to 100% of the interior surface as a corrosion barrier. Corrosion Protection: All steel truss tube components, shall be Hot Dip Galvanized after complete fabrication. In accordance with ASTM A123M. No welding is permitted after the galvanizing process. Triple Coat or other in line galvanizing will not be accepted on welded members as it does not provide galvanizing on the inside of the tubes. In-line galvanizing is acceptable on non -welded pieces. e._/cf2_ BOLTS: Bolts subjects to extreme stress and wear shall be structural bolts of Grade 5 and plating/galvanization that has been upgraded with a corrosion resistant topcoat finish. All bolts shall be installed and securely torqued so as to prevent change in tightness Those subject to removal or adjustment shall not be swaged, peened, staked, or otherwise installed. f.�r S_ MEMBRANE TENSIONING HARDWARE: The fabric membrane shall be tensioned with load rated hardware. Hardware shall allow full and free rotation at the foundation connection to avoid fatigue of threaded assemblies. g. kS MEMBRANE TENSIONING WEBBING: The membrane shall be tensioned with load tested % tie downs. h 5 CABLE ASSEMBLIES: Main and wind bracing cable assemblies shall be manufactured to the required length and press swaged with metal sleeves, or clevis/turnbuckle system. Cable Bracing is to terminate at every bay_ The cables are manufactured using performed galvanized cables, sized with appropriate safety factors. 3/16" dia. = 4,200 lbs. %" dia. = 7,000 lbs. 5/16" dia. = 9,800 lbs. 3/8" dia. = 14,400 lbs. %" dia. = 22,800 ibs. i. \ApS OTHER FASTENERS: Non-structural fasteners such as wood screws, Tek screws, etc. shall T be standard commercial quality. j.vo EXTERIOR TRIM: The aluminum alloy used in the extrusion shall meet or exceed 6063-T5 k.r PIECE MARKING AND IDENTIFICATION: All individual parts or bundles and packages of identical parts shall be clearly marked for identification. Bolts, nuts, washers, and fasteners shall be packaged according to type, size, and length. I.YeS All roofs, walls, end walls and connecting sections shall be weather tight. The material shall be selected from the manufacturer's standard colors for the sidewalls and roof panels. The material scrim and coating shall be UV stabilized and shall carry a minimum 10 -year manufacturer's warranty. The minimum fabric specification is as follows: City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 29 of 30 Total Fabric Weight Coating Thickness Finished Thickness Grab Tensile Strength Strip Tensile Strength Tongue Tear Strength Trapezoidal Tear Mullen Burst Cold Crack Resistance UV Resistance & Weathering 6. Warranty 12.0 oz/yd' (407 g/m') +/- 5% 4 mil average, each side 23 mils (ASTM D5199) 355 lbs (ASTM D5034) 270lbs/in (ASTM D5035) 115 lbs (ASTM D2261) 95 lbs (ASTM D-4533) 675 psi (ASTM D3786) -60 °C (ASTM D2136) >90% retention after 2000 hrs. ASTM G15 6.1 Warranty_ a)&05 50 year Frame and 10 year fabric warranty, beginning from the date of acceptance of complete installation by the City. b.74)ps Truss framework tubing shall be hot dip galvanized inside and out of tubing after fabrication. Manufacturer shall provide a minimum 3 -year pro -rata warranty on the trusses. 7. DELIVERY/DOCUMENTATION 7.1 FOB Terms: Equipment supplied under this specification shall remain the property of the Bidder until delivery to and accepted by the City of Fayetteville. Items shall be classified as FOB Destination, freight prepaid where the seller/bidder pays all freight charges, bears all freight charges, owns goods during transit and files any claims. 8. ADDITIONAL SPECIFIC JOB REQUIREMENTS: a. The City will release all work presented in the at one time with a single Notice to Proceed_ b. Work shall be completed within sixty (60) calendar days of Notice to Proceed. c. Work shall not start without the acceptance of insurance, and performance and payment bonds by the City. d. 5% retainage will be applied to payments associated with this project until completion and acceptance e. There will be no liquidated damages associated with this bid. f. All work shall be performed between the hours of 7:00 AM and 11:00 PM, Monday through Sunday, as allowed by the Fayetteville Noise Ordinance. Contractor shall work with the City and insure no interruption of Operations at the site. g. Contractor shall take into consideration there are nearby City operations taking place. The Recycling and Trash Center is under construction for major improvements. Also, the Parks & Recreation Department, Fleet Divison, and Transportation Department are all on site in close vicinity to the site of this project. City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 30 of 30 FROHT PAOFFLE {DIMENSIDHSss r•+�n ` s',..a,. • GRID REPRESENTS 24",%,,,,, FRO88K-6 400 MEMBRANE STRUCTURE FABRIC WITH ARMORKOTETM DESCRIPTION Nova -Shield' brand FRU88X-6 400 is a flame-retardant, heavyweight fabric for applications requiring UV stability, such as membrane structures and alternate daily landfill covers. The scrim is produced in a special weaving pattern to enhance thickness, flatness, abrasion resistance, and tear properties. The flame-retardant proprietary coating is used to enhance abrasion resistance, flex resistance, seam strength, UV resistance and longevity. FABRIC SPECIFICATIONS Weave: Woven clear HDPE scrim using The following data are typical values based on ASTM standard tests. natural FR/UV tapes Coating: LDPE, 4 mil average each side ASTM 05034 (95 g/m2/side) Color: White, blue, green, grey, ASTM D5035 sandstone and other colors T011leeTeor available upon request Weight: 12.4 oz/yd' (407g/ml) +/- 5 % Thickness: 23 mil (0.59 mm) ASTM D1777 ROIL SPECIFICATIONS Cores: 4 inch I.D. or 5 inch I D. available Width: Up to 144 inches (-0, +0 5) as ordered Length: Minimum 250 yds/roll; up to 1000 yds/roll These values are typical data and are not intended as limiting specifications. Vi intertape polymer group 100 Paramount Drive, Suite 300 I Sarasota, FL 34232 I USA Customer Service: 800.565.2000 www.itape.com I info@itape.com While we believe them to be reliable, the stalemenls and Information herein are only for general guidance and are not warrants or guarantees for accuracy and completeness. The user must, by test or otherwise, determine suitability for this purpose. There is na warranty offitness for a particular purpose Our standard lean and conditions ofsale apply excluslvelyto all orders, and all liability for damages of any kind, including consequential, exceeding purchase price is excluded. No one is authorized by us to make oral warranties. We reserve the right to make changes vrithout notice or obligation In our products and publications. EFFECTIVE: 3114 INTERTAPE POLYMER GROUP° TECHNICAL DATA SHEET PERFORMANCE PROPERTIES The following data are typical values based on ASTM standard tests. This data should not be considered specification. 6rabTawle Warp 360 Ib 1598 N / Weft 350 Ib 1555 N ASTM 05034 Strip TmmM(NI5cm) Warp 2751bAn (2444)/Weft 250 Iblln (2222) ASTM D5035 T011leeTeor Warp 120 Ib 533 N / Weft 110 Ib 489 N ASTM 02261 TrapereMalTear Warp 100 Ib 444 N / Weft 90 Ib 400 N ASTM D4533 Meilen BREI 675 psi / 4657 kPa ASTM D3786 ACEEIelated BY >90 % strength retention after 2000 hrs Weathert[g' exposure @ 0.77 W/mz/nm, or 1200 hrs ASTM G154 exposure @ 1.35 W/m2/nm Atxeleraled Natural >80 % strength retention after 5 Florida We Melt Standard Years2 ASTM G90 LewTemperature Bend -60°C ASTM D2136 ' Q.U.V [A-340 Lamps]; 8 hrs UV @ 60°C; 4hrs condensation @ 50°C 2 1333 MJ FR PERFORMANCE This product meets the requirements of NFPA 70i — 2010 (Method 1 and Method 2), 2004 (Method 1 and Method 2), 1989 (large and small scale) and 1996 (tests 1 and 2), CANIULC S109 -M87 (small and large Scale), CAN/ULC S1 02-03, CAN/ULC S102.2-03, ASTM E84 -00a (Class 1), UBC31-1, California Fire Marshal (F-51405). NovaShield' illi lYn City of Fayetteville Bid 16-50, Construction - Fabric Storage Building 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. PARTTWO- COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither City of Fayetteville nor Architect assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 City of Fayetteville and Architect in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. PART TH REE - EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Purchasing Division, and shall constitute all of the information which the City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on City of Fayetteville. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be 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. City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 8 of 30 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall promptly notify Architect of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 3.4 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to City of Fayetteville and Architect by City of Fayetteville's of such Underground Facilities or others, and City of Fayetteville and Architect do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.5 On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 3,6 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by City of Fayetteville or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, City of Fayetteville will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Architect written notice of 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 City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 9 of 30 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 seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville. 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. 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 City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 10 of 30 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 bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License Number, and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to City of Fayetteville and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. 8.5 Acceptance of 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. 9.3 The address and telephone number for communications regarding the Bid must be shown. City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 11 of 30 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 gate of the Bonds, anti of the Power of Attorney.must not be prior to the date of the contract. At least two originals of the Bonds shall be furnished, each with Power of Attorney attached. 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 City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 12 of 30 specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. 11.7 The bonds shall be presented to the City after being file marked at the Washington County Circuit Clerk's Office. Multiple copies of the original bonds maybe necessary for filing purposes. PART TWELVE - CONTRACT TIME 12.1 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. PART THIRTEEN -LIQUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. PART FOURTEEN - SUBCONTRACTORS SUPPLIERS AND OTHERS 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 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_ City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 13 of 30 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 work for 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. PART TWENTY - CONSIDERATION OF BIDS 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 City of Fayetteville, AR Bid 16-S0, Construction - Fabric Storage Building Page 14 of 30 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. a 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 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 City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 15 of 30 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. 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 16-50, Construction - Fabric Storage Building Page 16 of 30 City of Fayetteville Bid 16-50, Construction - Fabric Storage Building General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. 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 an packaizes enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call 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 shall have experience in providing products and/or services of the same or similar nature. f_ Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. 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. City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 17 of 30 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. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Les McGaugh, 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. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. S. 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 insure 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 City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 18 of 30 and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10, PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The 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 forthe same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTTO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders priorto submitting a proposal on this requirement. City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 19 of 30 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 City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the 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. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract_ No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 20 of 30 b. In the event of a corporate acquisition and/or merger, the Contractors h a I I 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 cf 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: 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, City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 21 of 30 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. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales toxshall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. 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@fayetteville-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. 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 City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 22 of 30 sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. 1. 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 underthis Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in anyway affecting the conduct of the services and of all orders and decrees of bodies or tribunals having anyjurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: a. Appendix I: Arkansas Department of Labor Prevailing Wage Determination b. Appendix II: Project Drawing c. Appendix III: Truss Profile City of Fayetteville, AR Bid 16-50, Construction - Fabric Storage Building Page 23 of 30 ASA HUTCHINSON, STATE OF ARKANSAS LEON JONES. JR GOVERNOR F l ARKANSAS DEPARTMENT OF LABOR DIRECTOR PREVAILING WAGE DMSION 10421 WEST MARKHAM • LITTLE ROCK, AR 72205-2190 Phone: 501-682-4536 Fax: 501-682-4506 TRS: 800-285-1131 Les McGaugh City of Fayetteville 113 West Mountain Fayetteville, AR 72701 August 17, 2016 Re: BID 16-50, CONSTRUCTION FABRIC SALT STORAGE BUILDING FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY Dear Mr. McGaugh: In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 16-122 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann. § 22-9-308 (b) (2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. § 22-9-308 (c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. § 22-9-309 (a). Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. office. When you issue the Notice to Proceed for this project, please send a copy of the notice to my If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4506. Enclosures Sincerely, Lorna K. Smith Prevailing Wage Division Bid 16-50, Appendix Arkansas Department of Labor Prevailing Wage Determination Date: 8/17/2016 Determination #: 16-122 Expires: 2/17/2017 Project: Bid 16-50, Construction - Fabric Salt Storage Building Site: City: Fayetteville, Arkansas Project County: Washington Survey#: 716-AR05 COUNTY(S) Group Washington 5 CLASSIFICATION Basic Hourly Rate Fringe Benefits Asbestos Worker/Insulator $13.30 $3.45 Bricklayer/Pointer, Cleaner, Caulker, Stone Mason $22.90 Carpenter $15.10 $2.35 Concrete Finisher/Cement Mason $16.75 Elevator Mechanic $24.30 $12.18 Glazier $14.30 $2.00 HVACR Mechanic (Excludes Duct Work) $16.50 $0.65 Ironworker (Including Reinforcing Work) $12.85 $0.38 Laborer $11.95 Marble/Tile/Terrazzo $12.69 Metal Building Erector $15.50 Millwright $10.85 $1.65 Painter/Sheet Rock Finisher $14.85 Plasterer $13.00 Plumber/Pipefitter $21.30 $2.30 Roofer $15.05 Sheet Metal (Includes Duct Work) $16.45 $4.00 Sprinkler Fitter $20.00 $2.83 Waterproofer $16.30 $1.29 Group 1 - Operator $15.10 $3.40 Group 2 - Operator $18.20 Group 3 - Operator $15.85 $2.75 Group 4 - Operator $15.50 $2.55 Laborer (Brick/Stone Tender) $13.20 Low Voltage/Alarm Installer $14.00 $2.40 Truck Driver (Fxcludes Dump Truck) $12.30 Electrician $21.65 $1.40 Welders-recelve rate prescribed for craft performing operation to which welding is incidental. Certified 7/1/2016 Classifications that are required, but not fisted above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division, Please call (501) 682-4536 for a request form, 8/17/2016 2:37 PM Page 1 of 1 Bid 16-501 Appendix Sa_C_Q- Operators engaged in operating the following equipment: Cranes, draglines, shovels and piledrivers with a lifting capacity of 50 tons or over, and operators of all tower climbing cranes and derricks required to work 25 feet or over from the ground, blacksmith and mechanics. Group II Operators engaged in operating the following equipment or performing work relative to the engineer's jurisdiction: Hydraulic cranes, cherry pickers, backhoes, and all derricks with a lifting capacity less than 50 tons, as specified by the manufacturer, all backhoes, tractor or truck type, all overhead & traveling cranes, or tractors with swinging boom attachments, gradealls all above equipment irrespective of motive power, leverman (engineer), hydraulic or bucket dredges, irrespective of size, trackhoes, excavators. Group III Heavy Equipment Operators. Operators engaged in operating the following equipment: all bulldozers, all front end loaders, all sidebooms, skytracks, forklifts, all push tractors, all pull scrapers, all motor graders, all trenching machines, regardless of size or motive power, all backfillers, all central mixing plants, 10S and larger, finishing machines, all boiler fireman high or low pressure, all asphalt spreaders, hydro truck crane, multiple drum hoist, irrespective of motive power, all rotary, cable tool, core drill or churn drill, water well and foundation drilling machines, regardless of size, regardless of motive power and dredge tender operator, asphalt paving machines. Groin IV Light Equipment Operators. Operators engaged in operating the following equipment: Oilerdriver motor crane, single drum hoists, winches and air tuggers, irrespective of motive power, winch or A frame trucks, rollers of all types and pull tractors, regardless of size, elevator operators inside and outside when used for carrying workmen from floor to floor and handling building material, Lad-A-Vator Conveyor, batch plant, and mortar or concrete mixers, below 105, end dump euclid, pumperete spray machine and pressure grout machine, air compressors, regardless of size. All light equipment, welding machines, light plants, pumps, all well point system dewatering and portable pumps, space heaters, irrespective of size, and motive power, equipment greaser, oiler, mechanic helper, drilling machine helper, asphalt distributor and like equipment, safety boat operator and deckhand. Bid 16-50, Appendix STATEMENT OF INTENT TO PAY PREVAILING WAGES PROJECT: BID 16-50, CONSTRUCTION - FABR_IC SALT STORAGE BUILDING FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY This is to certify that we, the following listed contractors, are aware of the wage requirements of the Arkansas Prevailing Wage Law and by signature below indicate our intent to pay no less than the rates established by Arkansas Prevailing Wage Determination Number 16-122 for work performed on the above noted public project. I understand that contractors who violate prevailing wage laws, i.e., incorrect classificatlon/scope of work of workers, improper payments of prevailing wages, etc., are subject to fines and will be required to pay back wages due to workers. Signature and Title Business Name Address Phone# of Business Official General/Prime Contractor �• ��; s�rka{' Y7Syn Aer—f' rllrA. Spr e4le {R 17�a 879-%1°-HXI lf` 1/P Electrical Subcontractor Mechanical Subcontractor N1 Plumbing Subcontractor Roofing/ Sheet Metal Subcontractor THE GENERAL/PRIME CONTRACTOR IS RESPONSIBLE FOR GETTING THIS FORM FILLED OUT AND RETURNING IT TO THE ARKANSAS DEPARTMENT OF LABOR WITHIN 30 DAYS OF THE NOTICE TO PROCEED FOR THIS PROJECT. RETURN COMPLETED FORM TO e. s THE ARKANSAS DEPARTMENT OF LABOR, PREVAILING WAGE DIVISION, 10421 W. MARKHAM, LITTLE ROCK, ARKANSAS, 72205. Bid 16-50, Appendix Nbrld 1N3W3A02ldWl 311S NOISIA10 ONIMNITO ,vsnv�riv k} 9Niaiin8 3J` OiS IIVS r 3771A3113A d3 30 Allo Form -9 Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification requester. Do not Department of the Treasury ury send to the IRS. Inlemal Revenue Service f Name (as shown on your income tax rmtum), N:ui is is itxIiiiiLd on this line; do not leave th(x fine blank. Pianalto Investments LLC N rn a 0 N R O U `o N •C C IL Q CL W d 2 Business name/disregarded entity Pianalto Construction, Inc 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to ❑Individual/sole proprietor or certain entities, not individuals; see pr pri ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ TrusVestate instructions an page 3): single -member LLC ❑✓ Limited liability corn Exempt payee code (If any) ty pony. Enter the lax classification (C=C corporation, 5=S corporation, P=parinorship) ► Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting the tax classification of the single -member owner. code Of any) name, if different from above L_) Mier (see inslruclio#15) ► _ s Address (number, street, and apt, or suite no, PO Box 6877 6 Ctty, state, and ZIP code m -..,......— r.... Springdale, AR 72766 T List account numberis►here (OP tionniI Mppw- :nidi the U.S) f`laquC6tnr's name and eddrass foptionat(;optional) Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form `f any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate. transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. Seethe instructions on page 3. Sign ; Signature of Here U.S. person►r✓ ' ! O'V' t 3,10&LfG � oto. I ! — O I (0 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments_ Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www,irs gov/fw9, Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (AT1N), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return Examples of information returns include, but are not limited to, the following: • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-9 (slock or mutual fund sales end certain other transections by brokers) • Form 10995 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form{t0 9 (home mortgage interest), 1098-E (student loan interest), 109B-7 (tuition) ' • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), 10 provide your correct TIN. Ifyou do not return Form VI -9 to the requester with a TIN, you might be subject to backup withholding, See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify [hat the T IN you are giving is correct (or you are waiting fora number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.5. exempt payee. If applicable, you are also certifying that as a U.S. poi3on, your allocable Viare of any partnership income from a U.S. lradeor business is not subject to the withholding tax on foreign partners' Shill a of effectively conrtocted income, and 4. Certify that FATCA codes) entered on this forth (f any) indicating that you are exempt from the FATCA. reporting, is correct, See What is FATCA reporting? on page 2 for further information. Cat. No 10231X Form W-9 (nev. 12-20141 Taxpayer Identlflcatiort Number IAi Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Soellst oecunity atunlher backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other - - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a 77N on page 3. Note. If the account is in more than one name, see the Instructions for line 1 and the chart on page 4 for for _ ! Employer IdCnllif cation numl guidelines on whose number to enter. i2 ID -2 9 2 4 R Certifjcation Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form `f any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate. transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. Seethe instructions on page 3. Sign ; Signature of Here U.S. person►r✓ ' ! O'V' t 3,10&LfG � oto. I ! — O I (0 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments_ Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www,irs gov/fw9, Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (AT1N), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return Examples of information returns include, but are not limited to, the following: • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-9 (slock or mutual fund sales end certain other transections by brokers) • Form 10995 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form{t0 9 (home mortgage interest), 1098-E (student loan interest), 109B-7 (tuition) ' • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), 10 provide your correct TIN. Ifyou do not return Form VI -9 to the requester with a TIN, you might be subject to backup withholding, See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify [hat the T IN you are giving is correct (or you are waiting fora number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.5. exempt payee. If applicable, you are also certifying that as a U.S. poi3on, your allocable Viare of any partnership income from a U.S. lradeor business is not subject to the withholding tax on foreign partners' Shill a of effectively conrtocted income, and 4. Certify that FATCA codes) entered on this forth (f any) indicating that you are exempt from the FATCA. reporting, is correct, See What is FATCA reporting? on page 2 for further information. Cat. No 10231X Form W-9 (nev. 12-20141 ODSCOPY Western aa� Surety Company PERFORMANCE BOND Bond Number: 71869400 KNOW ALL PERSONS BY THESE PRESENTS, That we Pianalto Constructi of 875 West Henri De Tonti Blvd, Springdale, AR 72762 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto city of Fayetteville of 113 W. Mountain St., Fayetteville, AR 72701 , hereinafter One Hundred Fifty -Six Thousand Nine Hundred referred to as the Obligee, in the sum of Thirty-seven and 00/100 Dollars ($ 1.5 6, 937 .00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 20th day of December , 2016 , for 1 00 Feet X 1 Rrl Peet Fabric Salt StnrAgp Building, 1 525 S. Happy/ Hollow Rd., Favetteville, AR 72701 NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure -so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 25th day of January 1 2017 Pianalto Construction, Inc. I leeleel lll.le Ill Neill llell 11111 11.1-199 ilii. I—I ..i., viii i..i Doc ID: 017263210003 Type: LIE (Principal) Kind: PERFORMANCE BOND Recorded: 01/25/2017 at 02:51:48 PM Fee AMt: $25.00 Pape 1 of 3 Byy (Seal)/ Washington County, AR Kyle Sylvester Circuit Clerk FiliB 0 3 4 -0 0 0 0 0 4 2 7 Western Surety Company _ (Surety) -- By (Seal) DAN Y LEE SCHNEIDER Attorney -in -Fact Form F4597 Western Surety Company 171- To W, 167O1-11 Bond Number: 718 694 00 KNOW ALL PERSONS BY THESE PRESENTS, That we Pianalto Construction, Inc. of 875 West Henri De Tonti Blvd, Springdale, AR 72762 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Fayetteville of 113 W. Mountain St., Fayetteville, AR 72701 hereinafter One Hundred Fifty -Six Thousand Nine Hundred referred to as the Obligee, in the sum of Thirty -Seven and 00/100 Dollars ($15 6, 937. 00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 20th day of December , 2016 ,for 100 Feet X 180 Feet Fabric Salt Storage Building 1525 S. Happy Hollow Rd., Fayetteville, AR 72701 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 25th day of January 1 2017 . Pianalto Construction, Inc. (Principal) By Western Suretv Comban (Seal) (Surety) By .! (Seal) D Y LEE SCHNEIDER Attorney -in -Fact r Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71669400 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 DANNY LEE SCHNEIDER its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Pianalto Construction, Inc. Obligee: City of Fayetteville Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as 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 April 20 2017 , but until such time shall be irrevocable and in full force and effect. Otia ms=s gawp Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its kthis 25th day of January , 2017 WEST R/ SURE��7 COMPANY STI'# S� A Paul T. ruflat, Vice President COUIgC Rr ss On this 25th day of January in the year 2017 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 WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. +�ibbb b�n�obbbbbbbb�sbbbbbbbb + s J. MOHR e 8 ^ NOTARY PUBLIC a 8 S L SEAL t Notary Public - South Dakota a S�SOUTH DAKOTA�B +bbbbbbb4bbbbbbbbbbbbbbb + 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 25th day of January 2017 WEST R SURE COMPANY Paul T. ruflat, Vice President To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Coverage. Forth F5306-1-2016 Pianalto Contract BF 16 -50 -Change Order #1 City of Fayetteville Staff Review Form 2017-0291 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Facilities Management / Wade Abernathy 5/23/2017 Finance & Internal Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recomends approval of Change Order #1 to the Contract Bid 16-50 with Pianalto Construciton Inc., for the Salt storage. Facility in the amount of $14,300 for added overhead door and design modifications. Budget Impact: 2100.410.5500-5804.00 Street Account Number 15002.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Fund Winter Weather Operations Center Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Project Title $ 379,458.00 $ 165,837.00 $ 213,621.00 $ 14,300.00 Remaining Budget $ 199,321.00 V20140710 Previous Ordinance or Resolution # 2 AA La ICe Original Contract Number: Bid 16-50 Comments: Approval Date: 5 "30'aml� CITY- OF FAYETTEVILLE ARKANSAS r TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Paul Becker, Director of Internal Services Terry Gulley, Transportation services Department Director STAFF MEMO FROM: Wade Abernathy, Facilities Management/Building Construction Manager DATE: May 23, 2017 SUBJECT: Change Order #1 Salt Storage Building RECOMMENDATION: Staff recommends approval of change Order #1 to the Contract Bid 16-50 with Pianalto Construction Inc., for the Salt Storage Facility in the amount of $14,300 for added overhead doors and design modifications. BACKGROUND: Resolution # 2017-0291 approved a contract with Pianalto Construction in the amount of $156,937 to provide and install a 100 x 180 fabric storage building to be used by the Transportation department for Salt and Brine Storage. DISCUSSION: Change Order # 1 includes the addition of 2 -12 x 14 overhead doors to be located at the sidewalls. Staff concluded the side doors would increase efficiency by allowing the trucks to drive thru the facility for loading without having to back in and out. Change Order #1 also . includes redesign fees associated with eliminating the original elevated pier design. The . savings in materials offset the design fees. Staff elected to eliminate the elevated piers for cost and time saving reasons. Finally Change Order #3 includes an engineering fee to design and certify anchor bolts. BUDGET/STAFF IMPACT: There was a $30,000 contingency set up for this project. is not required. Attachments: Change -Order #1 Funds are available; therefore, a B/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Pianaito Construction, Inc. Change Order ##1 P.O. Box 6877 Springdale, AR 72766 Date: 5/24/17 Rick Pianalto Cell: 479-263-6464 Email: rpianalto@pianaltoconstruction.com Dustin Pianalto Cell: 479-790-4181 Email: dpianalto@pianaltoconstruction.com To: City of Fayetteville Arkansas Attention: Wade Abernathy 1525 Happy Hollow Fayetteville, AR Job: Fabric Salt Storage Building Fayetteville, AR Washington County Description of Work Total The purpose of this change order is to add 2 - 12'x14' rollup doors and for the engineering and re- design of the building elevation so that base plates are now attached to concrete peirs at grade. 1. ClearSpan CO Breakdown: a. Re -design of fabric covers to be terminated at base plate height to concrete slab. Furinish revised set of stamped drawings. $1,000.00 b• Complete engineering and design of anchor bolts (not including foundation), including type, size, embedment depth, finish and type of epoxy. $1,500.00 c. Credit for shortened end wall columns and roof fabric as a result of lowering all concrete -$1,000.00 2. Price to add 2 - 12'x14' rollup doors, $6,400.00 each. $12,800.00 Dustin Pianalto Lio eld Jo n, yor Pianalto Construction, Inc. Ci y of yet iIle Arkansas Total: $14,300.00 CHANGE ORDER #001 Date: 5.11.17 Job: 7272434 Name: Pianalto Construction (City of Fayetteville Project) Job Location: Fayetteville, AR We hereby propose to furnish the following materials and all necessary labor for completion: Engineering and re -design of the building elevations to all be "at grade." Re -design of fabric covers to be terminated at base plate height to concrete slab. Furnish revised set of stamped drawings -$1000 " Complete engineering and design of anchor bolts (not including foundation), including type, size, embedment depth, finish and type of epoxy - $1500 Credit- $1000 credit for shortened end wall columns and roof fabric as a result of lowering all concrete piers to grade Other comments: WE PROPOSE hereby to furnish material and labor - complete in accordance with above specifications for the sum of: dollars ($ 1500.00 ) All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our"workers are fully covered by Workmen's Compensation Insurance. Authorized Signature: Note: this proposal may be withdrawn by us if not ihc;an yl"O, accepted within 10 days. ACCEPTANCE OF PROPOSAL Signature: The above prices, specifications and conditions are Signature: satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be Date of Acceptance made as outlined above. (Rev. 7-01) Forms ContractorCity.com Dustin Pianalto From: Dustin Pianalto<dpianalto@pianaltoconstruction.com> Sent: Monday, February 13, 2017 9:03 AM To: Abernathy, Waylon Subject: Additional Rollup Doors Good Morning Wade, The price to add 2 —12'x14' rollup doors is $6,400.00 each. If this is something the City wants to peruse, I will need to know the desired locations of said doors before we can finalize the shop drawings. Also, ClearSpan would still like to have a sketch of the foundations because elevated piers don't form a pushwall of any sort in the middle of the bay. Generally, most salt storage facilities have concrete blocks or a poured wall for something to push against with their end loaders. Can you confirm if the City is intending on adding Pre -cast T -panels or blocks to the interior to accomplish that? If the engineer could provide a rough sketch of how he inteneds to do the foundations and walls would be extremely beneficial to ensure everyone is on the same page. Also, I have received fabric color samples from ClearSpan which I will drop off at your office by tomorrow for review. Thank you. Dustin Pianalto Pianalto Construction. Inc. P.O. Box 6877 Springdale, AR 72766 479.361-2881 p 479-790-4181c dpianalto@pianaltoconstruction.com Wade Abernathy Submitted By Pianalto Construction Inc.- CO2 -Salt Storage Facility City of Fayetteville Staff Review Form 2018-0163 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/8/2018 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Staff recomends approval of Change Order #2 to the Contract Bid 16-50 with Pianalto Construction Inc, for the Salt Storage Facility in the amount of $12,268.43 for increasing the overhead door sizes, base plate alterations and contract reconciliations. Budget Impact: 2100.410.5500-5804.00 Account Number Street Fund 15002.1 Winter Weather Operations Center Project Number Project Title Budgeted Item? Yes Current Budget $ 100,580.00 Funds Obligated $ 19,530.00 Current Balance $ 81,050.00 Does item have a cost? Yes Item Cost $ 12,268.43 Budget Adjustment Attached? NA Budget Adjustment Remaining Budget I $ 68,781.57 V20180209 Previous Ordinance or Resolution # 226-16 Original Contract Number: Bid 16-50 Approval Date: Comments: CITY OF t FAYETTEVILLE ARKANSAS TO: Lioneld Jordan, Mayor THRU: Paul Becker, Director of Internal Services Terry Gulley, Director of Transportation Services STAFF MEMO FROM: Wade Abernathy, Facilities Management/Building Construction Manager DATE: March 8, 2018 SUBJECT: Change Order #2 Salt Storage Building RECOMMENDATION: Staff Recommends approval of change order #2 to Contract Bid 16-50 with Pianalto Construction Inc., for the Salt Storage Facility in the amount of $12,268.43 for increasing the overhead door sizes, base plate alterations, and credit for engineering services not performed. BACKGROUND: Resolution #226-16 approved a contract with Pianalto Construction in the amount of $156,937 to provide and install a 100 x 180 fabric storage building to be used by the Transportation department for Salt and Brine Storage. Change order #1 was approved with 2017-0291 for adding overhead doors and design modifications to the structure. DISCUSSION: Change Order #2 includes making the side entry overhead doors larger, for ease of access for larger vehicles. The doors being replaced will be re -used on the interior brine storage space. C.O. #2 also includes an add to modify base plates installed by the concrete subcontractor. The concrete subcontractor issued a credit on their invoicing to offset this charge. The final item is a credit issued for engineering services not performed as an alternative epoxy anchor system which was not used on this project. BUDGET/STAFF IMPACT: There is a balance of $15,700 from the original $30,000 Contingency Funds set up for this project. Attachments: Change Order #2. Mailing Address: 113 W. Mountain Street www.fayettevllle-ar.gov Fayetteville, AR 72701 Pianalto Construction, Inc. Change Order #2 P.O. Box 6877 Springdale, AR 72766 Date: 3/5/18 Rick Planalto Cell: 479-263-6464 Email: rpianalto@pianaltoconstruction.com To: City of Fayetteville Arkansas Attention: Wade Abernathy 1525 Happy Hollow Fayetteville, AR Job: Fabric Salt Storage Building Fayetteville, AR Washington County Description of Work Total This pricing is for the following: 1. Increase the width of 2 doors to 14'x14'. 2. The anchor bolts were not set in the correct orientation and thus the truss baseplates had to 3. Credit on ClearSpan foundation engineering for epoxy anchors. 1. Increase the width of 2 doors to 14'x14'. Royal Overhead Door: Supply and install 2-14'x14' Janus Model 3100 Doors White with Chain $7,698.00 Planalto Construction Labor: 16 hrs @ $55 per hour $880.00 Lift $500.00 Miscellanious Metal $341.00 Overhead: 14% $1,318.66 Profit: 10% $1,073.77 2. Drill baseplates. Material: Washers and 1 each Drill Bit $268.00 Labor: Welking Washers to Base Plates $559.00 Labor to Drill New Anchor Bolt Holes: 16 Man Hours @ $55 Per Man Hour $880.00 ClearSpan Engineering Cost $250.00 3 Credit on ClearSpan foundation engineering for epoxy anchors. -$1,500.00 L Rick Planalto Lioneld Jo an ayor Planalto Construction, Inc. City of FfigOeville Arkansas Total: 12,268.43