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HomeMy WebLinkAbout72-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 72-17 File Number: 2017-0129 WHEELER LUMBER, LLC: A RESOLUTION TO AWARD BID NO. 17-27 AND APPROVE A CONTRACT WITH WHEELER LUMBER, LLC FOR THE PURCHASE OF TWO PREFABRICATED BRIDGES FOR INSTALLATION ON THE CATO SPRINGS TRAIL IN THE AMOUNT OF $126,050.00 PLUS APPLICABLE SALES TAXES, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 17-27 and approves a contract with Wheeler Lumber, LLC for the purchase of two prefabricated bridges to be installed on the Cato Springs Trail in the amount of $126,050.00 plus applicable sales taxes. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 3/21/2017 Page 1 Attest: Xneie" 6., 4,c,& Sondra E. Smith, City Clerk Tre vgtrrrgr� X1(1 TR rri�� ��i" •err w **FAYETTEVILLE��'= r r r TON rums City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0129 Agenda Date: 3/21/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 5 WHEELER LUMBER, LLC: A RESOLUTION TO AWARD BID NO. 17-27 AND APPROVE A CONTRACT WITH WHEELER LUMBER, LLC FOR THE PURCHASE OF TWO PREFABRICATED BRIDGES FOR INSTALLATION ON THE CATO SPRINGS TRAIL IN THE AMOUNT OF $126,050.00 PLUS APPLICABLE SALES TAXES, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 17-27 and approves a contract with Wheeler Lumber, LLC for the purchase of two prefabricated bridges to be installed on the Cato Springs Trail in the amount of $126,050.00 plus applicable sales taxes. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 312212017 t Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2017-0129 Legistar File ID March 21st, 2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/1/2017 Submitted Date Action Recommendation: Engineering / Development Services Department Division / Department - Approval of award of Bid 17-27 and authorization of a contract with Wheeler Lumber, LLC in the amount of $126,050 plus all applicable sales taxes for purchase of two prefabricated bridges for the Cato Springs Trail and approval of a budget adjustment in the amount of $33,580.41 to reallocate remaining funds from the completed Lake Fayetteville Trailhead (BGO) project to supplement funding of the Cato Springs Trail Bridges. Budget Impact: 4470.800.8830-5814.05 Account Number 02016.1405 Project Number Sales Tax Cap Imp - Fund Cato Springs Trail Project Title Budgeted Item? Yes Current Budget $ 3,135,990.00 Funds Obligated $ 2,916,395.00 Current Balance 211 9,595.00 Does item have a cost? Yes Item Cost $ 126,050.00 Budget Adjustment Attached? Yes Budget Adjustment $ 33,580.00 Remaining Budget 127,125."00 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments; Approval Date: CITY OF 'FayP1• le ARKANSAS MEETING OF MARCH 21ST, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: March 1St, 2017 SUBJECT: 2017-0129 Cato Springs Trail — Bridge 1 and 3 purchase RECOMMENDATION: Approval of award of Bid 17-27 and authorization of a contract with Wheeler Lumber, LLC in the amount of $126,050 plus -all applicable sales taxes for purchase of two prefabricated bridges for the Cato Springs Trail and approval of a budget adjustment in the amount of $33,580.41 to reallocate remaining funds from the completed Lake Fayetteville Trailhead (BGO) project to supplement funding of the Cato Springs Trail Bridges. BACKGROUND: The 2.9 mile Cato Springs Trail will extend the Razorback Regional Greenway to the Kessler Mountain Regional Park and provide an active transportation route for all the residents of Northwest Arkansas to visit and enjoy the cultural and recreation amenities and beautiful natural areas in Fayetteville. Due to the large scale of the trail, the project has been divided into 2.3 miles to be constructed by the in-house trail construction crew and 0.6 miles will be built by Boulder Construction who was low bidder of bid 16-53 approved and by resolution 183-16. The 2.3 -mile section includes two bridges to be installed by the in-house construction crew. Bridge 1 is 40 feet in length and Bridge 3 is 130 foot in length. Six bidders responded to the request for formal bids for the two bridges on February 25th,- 2017. Wheeler Lumber is the low bidder at $126,050 and this price is 10% below the estimate. DISCUSSION: In the 2015 budget, the City Council approved an individual CIP project in the amount of $333,000 to address the growing need for additional parking at the Botanical Gardens of the Ozarks for the Lake Fayetteville Trail. This highly requested project was completed in early 2016 by low bidder Tomlinson Asphalt Co. through resolution 159-15 for a total of $299,419.28. The trail head includes 40 parking spots incorporating low impact development features, a drinking fountain and direct access to the 5 -mile Lake Fayetteville Trail. The Lake Fayetteville Trailhead project was completed under budget and funds in the amount of $33,580.41 remain in the project. Since this is a trail improvement project, staff requests these remaining funds be reallocated to supplement the cost of the Cato Springs Trail bridges. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: On March 7th, 2016, the City was awarded the matching grant of $2,000,000 for the construction of the Cato Springs Trail from the Walton Family Foundation recognized through Resolution 73- 16. The Lake Fayetteville Trailhead project has $33,580.41 in remaining funds through project number 15016. Staff requests these funds be reallocated and used the supplement the purchase of the bridges for Cato Springs Trail. Attachments: Cato Springs Trail Map with bridge locations identified Bid 17-27 Bid Tabulation Bid 17-27 Submittal — Wheeler Lumber Sales Contract — Wheeler Lumber Budget Adjustment — Lake Fayetteville Trailhead n Rx{ N Y a��zarUack Gree�`Nay k� ��ia 1! eJl tinneol14% psaisie sI� RJ�a� yt-dr,S �oegJozea 41� i arx'♦f[fRI ♦ ♦MIM+IR �r � ♦ e U 7 •♦/r U Lfl 1 ♦♦R � � � 01.1 •, LL o • �. 11♦Rr. � O . g ♦IjJR °' C U 'P O o U acn -2 2E C? 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O 00 m 0 0 C) 00 rn 0 to opo o 0 0 � � 0) Ln O 0 m rn Ln I'D -j Om m m N ri u W .` 07 U J J U J vi C e O U — — c OUl p to E Ln v m tio c ?e m C N v c O to a a cc W C m m m u 3 �. 0o U O U E d) 1-4 N M V Ln lD L+ K1 6 LU LL_ Of LU W U _ City of Fayetteville, Arkansas i��I'� Purchasing Division — Room 306 r 113 W. Mountain St. ARKANSAS Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 17-27, Prefabricated Pedestrian Bridges DEADLINE: Thursday February 23, 2017 before 2:00:00 PM, Local Time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaug-h@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Monday, January 30, 2017 INVITATION TO BID Bid 17-27, Prefabricated Pedestrian Bridges No late bids will be_accepted. Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with -the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: _ Wheeler Lumber, LLC Contact Person: Michael Purke Title: Sales Re E -Mail: mpurkey@wheeler1892.com Phone: Business Address: 9330 James Ave S. City: Bloomington State: MN Signature: Date: City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 1 of 21 612-249-0852 Zip: 55431 2-20-17 City of Fayetteville Bid 17-27, Prefabricated Pedestrian Bridge Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 17-27, Prefabricated Pedestrian Bridge The City is seeking bids from qualified vendors for the purchase and delivery of two prefabricated modified bowstring truss style steel bridges. Bridge 1- Forty (40) foot x twelve (12) feet Bridge 3 - One hundred -thirty (130) feet x twelve (12) feet. All sealed bids are due by Thursday February 23, 2017 before 2:00:00 PM All bids are due before the time stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated purchase quantities. Bids will be opened and read aloud immediately following the stated deadline. Bid forms can be downloaded from the City's website at htto://fayetteviile-ar.pov/bids . All questions should be directed to Les McGaugh, (479)-575-8220, Imc au h d fa etteville-ar. ov. The City reserves the right to reject any and all bids and to waive formalities deemed to be in the City's best interest. 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. City of Fayetteville By: Les McGaugh, Purchasing Agent P: 479.575.8220 ImcgaughWayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 01/30/2017 City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 2 of 21 City of Fayetteville Bid 17-27, Prefabricated Pedestrian Bridge Bid Form Item DESCRIPTIQi�i Estimated +Quantity: IT PRICE PER UNIT.- NIT: TOTAL Bridge 140 -foot simple span modified 1 bowstring arch truss bridge with 1 jX $ .27,150.00 = $ 27,150.00 underhung .floor beam .design Bridge 3 130 -foot simple span modified 2 bowstring arch truss bridge shipped in one 1 $ ,98,900.00 = $ :08;900.00 piece with no splice Bids shall be submitted on this bid form In its entirety AND accom anied b descri tive literature on the products being bid. The City intends on awarding this bid to a single vendor. 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. X 1.) NO KNOWN RELATIONSHIP EXISTS City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 3 of 21 I 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. Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Wheeler Lumber, LLC *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: Bloomington *PHONE: 612-249-0852 Purchase Order/Payments shall be issued to this name Wheeler Lumber, LLC 9330 James Ave S. *E-MAIL: mpurkeytawheeler1892.com *BY: (PRINTED NAME) *AUTHORIZED SIGNAT *TITLE: Sales Rep. *STATE: MN *ZIP: 55431 FAX: _ 952-929-2909 *DUNS NUMBER: 07-133-5918 *TAX ID NUMBER: 42-1467646 CAGE NUMBER: 1 LPu1 Acknowledge Addendums: Addendum No. 1 Dated: 1-30-2017 Acknowledged by: -...Michael Purkey Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 4 of 21 City of Fayetteville Bid 17-27, Prefabricated Pedestrian Bridge 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 any packages 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 must have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in -the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item: 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:. In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 5 of 21 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. S. 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 Andrea Foren, 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. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time.and date listed. 9. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS- a. E UIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 6 of 21 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 for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT FOIA AND 1URISDICITON: 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. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c._ Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 7 of 21 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 ACCI.UISITIONS ANI}/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 8 of 21 b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request -for proposal, request for qualification, bid or contract to be rejected. 22.. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 9 of 21 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 tax is not to 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 Andrea Foren immediately via telephone (479.575.8220) or e-mail (aforen@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 Andrea Foren, City of Fayetteville, Purchasing Agent via e-mail (aforenWayetteville-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. j) Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 10 of 21 to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k) Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m) The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 11 of 21 City of Fayetteville Bid 17-27, Prefabricated Pedestrian Bridges Technical Specifications: 1. GENERAL: 1.1 All unit(s) bid shall meet or exceed the minimum requirements or they will be deemed incomplete and will riot be considered for bid award. 1.2 All specifications written are to minimums unless otherwise noted, 1.3 The City intends to order the estimated quantity presented in the bid form in a single order. 1.4 Pricing bid shall be inclusive of all items, shipping, and warranty. Bid pricing shall NOT include sales tax. Applicable taxes will apply upon invoicing but will not be considered for bid evaluation. 1.5 Bridge shall be delivered to the City within 90 calendar days of City approved shop drawings. All orders shall be delivered to the address located in the City limits as further specified. GENERAL FEATURES OF DESIGN 2.1 The work shall consist of all labor, tools, equipment and materials necessary for the design, fabrication, transportation and delivery of a 40 -foot simple span modified bowstring arch truss bridge with underhung floor beam design (top of floor beam welded to the bottom of the bottom chord), as described herein as bridge number 1. A 130 -foot simple span modified bowstring arch truss_bridge designed utilizing and H -Section configuration where the floor beams are placed up inside the trusses and attached to the truss verticals, as described herein as bridge number 3. The intended usage is pedestrian, bicycle, occasional slow moving maintenance or emergency vehicles. These specification is for a fully engineered clear span bridge of steel construction and shall be regarded as minimum standards for design and fabrication. Both bridges shall be shipped in one piece with no field splice. 2.2 Modified Bowstring Arch Truss: The bridges shall be designed utilizing a modified bowstring truss design. Web diagonal truss members shall be Pratt style. The manufacturer shall maintain the distance from top of deck to bearing seat shown on the construction drawings included. The top of the top chord shall not be less than 54 inches above the deck and shall be a continuous single member smooth curve arch. Bridge 1 • The Bridge span shall be 40' -0" (straight line dimension) and shall be measured from the CL joint at begin bridge to CL Joint at end bridge. • The bridge width shall be 12'-0" clear and shall be as measured from the inside face of the safety railing elements. City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 12 of 21 Bridge 3 •The Bridge span shall be 130'-0" (straight line dimension) and shall be measured from the CL joint at begin bridge to CL Joint at end bridge. • The bridge width shall be 12'-0" clear and shall be as measured from the inside face of the safety railing elements. • Shipped in one piece — no field splice. 2.3 Member Components:_ All members of the truss and deck system (top and bottom chords, verticals, and diagonals) shall be fabricated from square and/or rectangular hollow structural sections (HHS), with the exception that floor beams may be wide flange (W) shapes. Open ends of end posts and floor beams shall be capped. Open shaped (non -tubular) stringers will be allowed only when the Bridge Manufacturer warranties the stringer design for 50% overload. Where water collection inside of structural tubing is possible, weep holes shall be provided. Unless the floor and fastenings are specifically designed to provide adequate lateral support to the flange of open shape stringers (w -shapes or channels), a minimum of one stiffener shall be provided in each stringer at every floor beam location. • Minimum thickness of all structural steel members, not including railings, shall be'/ inch. For ASTM A500 and ASTM A847 tubing, the section properties used for design shall be per the Steel Tube Institute of North America's Hollow Structural Sections "Dimensions and Section Properties". • Expansion bearings shall include Teflon or stainless steel sliding surfaces per AASHTO or elastomeric pads provided by manufacturer. Expansion bearing plates shall be welded to the bridge prior to shipping so no on-site welding is necessary. Consideration of dead load rotation is required in all cases. 2.4 Concrete Deck: Bridge shall be furnished with a stay -in-place, non=composite, galvanized steel form deck suitable for pouring a reinforced concrete slab. The form deck shall have a 1.5% cross slope for proper drainage. The form deck shall be designed to carry the dead load of the wet concrete, weight of the form decking, plus a construction load of 20 PSF uniform load or a 200 pound concentrated load on a V-0" wide section of deck. When edge supports are used, deflection is limited to 1/180 of the span or % inch, whichever is less. Without edge supports, deflection shall be limited to 1/180 of the span or 3/8 inch, whichever is less. The form deck material shall be supplied in accordance with ASTM A653 and galvanized to a minimum G90 coating weight. The side dams of the decking material shall be three sided with the top edge extending a minimum of %" beyond of the face of the railing toe plate to provide an accessible edge for screed of the concrete. The deck slab shall be 6 inch constructed using Class S (AE) concrete with a minimum 28 -day strength of 4000 psi (by others). Concrete deck design shall be performed by the bridge manufacturer for concentrated loads as specified above. Top of the side dam shall be smooth and consistent grade to provide a smooth edge to screed the concrete deck. 2.5 Safety Rails: Vertical safety rails or pickets shall be placed on the structure to a minimum height City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 13 of 21 of 4' — 6" above the deck surface. The pickets shall be spaced so as to prevent a 4" sphere from passing through the truss. Pickets shall be placed on the inside of the structure with 12 feet clear from face of pickets. The picket safety system shall be designed for an infill loading of 200 pounds, applied horizontally at right angles, to a one square foot area at any point in the system. Pickets shall be fabricated to be plumb in the finished condition. Pickets shall be %" square tube steel and not angle iron. No handrail or rub rail is necessary. 2.6 Toe Plate: The bridge shall be supplied with a steel toe plate mounted to the inside face of both trusses. The toe plate shall be a minimum of 4 inches high. Toe plating will be welded to the truss members at a height adequate to provide a 3 -inch gap between the bottom of the plate and the top of the deck or the top of the bottom chord, whichever is higher. The span of ,unstiffened flat toe plating (from center to center of supports) shall not exceed 5'-8". 2.7 Camber: Bridge shall have a vertical camber dimension at mid -span equal to 100% of the full dead load deflection. 2.8 End Transition: Bridge shall be designed for an expansion gap on each end where the bridge meets the back wall. This joint will be caulked by others instead of a steel cover plate being provided. Manufacturer shall provide the minimum width of the expansion joint in the shop drawings to accommodate for thermal expansion. 3. ENGINEERING AND DESIGN LOADING: Structural design of the bridge structure(s) shall be performed by or under the direct supervision of a Licensed Professional Engineer and done in accordance with recognized engineering practices and principles. The design of the bridge -shall conform to the requirements of the International Building Code (IBC), 2009. 3.1 Design Loads: The bridge structure design shall consider its own dead load (superstructure and original decking), as well as the additional loads listed below. 3.2 Pedestrian Live Loads: Pedestrian live load and wind load as specified by IBC, the bridge shall have a minimum uniform live load of 90 PSF shall be applied to the entire deck surface, with no reduction allowed. The pedestrian live load shall be applied to those areas of the walkway so as to produce the maximum stare in the member being designed. 3.3 Truck Load: A 20,000 pound (AASHTO H-10) four wheeled vehicle shall be used for the truck loading. The wheel loads for this vehicle shall be 2,000 pounds and 8,000 pounds for the front and rear axles, respectively. The wheel loads shall be assumed to be spaced 6 feet apart transversely. The distance between the front and rear axles shall be assumed to be 14 feet. The truck shall be positioned 2 feet from the face of the truss to determine the distribution of loading carried by each truss. All of the concentrated or wheel loads shall be placed so as to produce the maximum stress in each member being analyzed. Critical stresses need be calculated assuming there is only one vehicle on the bridge at any given time. Assumptions that vehicles only travel down the center of the bridge or that the vehicle load is a uniform line load will not be allowed. A vehicle impact allowance is not required. 3.4 Wind Load: Bridge shall be designed for a wind load of 35 pounds per square foot on the full City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 14 of 21 vertical projected area of the bridge as if enclosed. The wind load shall be applied horizontally at right angles to the longitudinal axis of the structure. The wind loading shall be considered both in the design of the lateral load bracing system and in the design of the truss vertical members, floor beams and their connections. The effect of forces tending to overturn structures shall be calculated assuming that the wind direction is at right angles to the longitudinal axis of the structure. In addition, an upward force shall be applied at the windward quarter point of the transverse superstructure width. This force shall be 20 pounds per square foot of deck. 3.5 Stream Force_ The bridges shall be designed for a lateral stream force as required by the International Building Code, 2009. The stream velocity for the 100 -year design storm for Bridge 1 is 11 fps and Bridge 2 is 5 fps. These velocities shall be used in the design of the anchor bolts to withstand shearing. Calculation of the stream force shall assume that the bridge structure is completely blocked with debris. 3.6 Combination of Loading: Combinations of loads and load factors for load and resistance factor design shall conform to the International Building Code (IBC), 2009. 4. DESIGN LIMITATIONS: 4.1 Vertical Deflections: The vertical deflection of the main trusses due to service pedestrian live load shall not exceed 1/360 of the span. The vertical deflection of cantilever spans of the structure due to service pedestrian live load shall not exceed 1/220 of the cantilever arm length. The deflection of the floor system members (floor beams and stringers) due to service pedestrian live load shall not exceed 1/360 of their respective spans. Deflection limits due to occasional vehicular traffic shall not be considered. 4.2 Vibration: The fundament frequency shall meet the requirements of the AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges (latest edition). 4.3 Horizontal Deflection: The horizontal deflection of the structure due to lateral wind loads not exceed 1/500 of the span under a PSF wind load. 5. MATERIALS: 5.1 Unpainted Weathering Steel: Bridges shall be fabricated from high strength, low alloy, atmospheric corrosion resistant ASTM A847 cold -formed welded square and rectangular tubing and/or ASTM A588, or ASTM A242, ASTM A606 plate and structural steel shapes (Fy-50,000 psi). The minimum corrosion index of atmospheric corrosion resistant steel, as determined in accordance with ASTMG101, shall be 6.0. All visible members of the bridge shall be weathering steel including the side dams of the bridge pan. 5.2 Welding: Welding and weld qualification tests shall confirm to the provisions of AWS D1.1 "Structural Welding Code", 1996 Edition. Filler metal shall be in accordance with the applicable AWS Filler Metal Specification (i.e. AWS A 5.28 for the GMAW Process). For exposed, bare, unpainted applications of corrosion resistant steels (i.e. ASTM A588 and A847), the filler metal shall be in accordance with AWS D1.1, Section 3.7.3. The flux core arc welding (FCAW) process, utilizing E80 City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 15 of 21 electrodes with similar weathering characteristics as the base material, shall be used. Welding operators shall be properly accredited, experienced operators. Each shall have certification of satisfactorily passing AWS standard qualification test(s) for all positions with unlimited thickness of base metal, have a minimum of 6 -months experience in welding tubular structures and have demonstrated the ability to make uniform sound welds of the type required. All welded connections shall be fillet welds completely around of size equal to the thickness of the lightest gage member in the connection. Nondestructive weld testing is required. Testing shall be performed by a qualified ASNT Level II Technician or greater and paid for by the Bridge Manufacturer. All welds shall be 100% visually inspected. Ten percent (10%) of all fillet and partial penetration welds shall be magnetic particle tested. For arch type bridges, 100% of end of top chord to bottom chord connections shall be tested. Full penetration shop welds shall be Ultrasonic tested in accordance with AWS D1.1 Section 6. Base material certifications are to be supplied by the material suppliers. Inspection test results shall be available on request. 6. SUBMITTALS: 6.1 Submittal Drawings: The Bridge Manufacturer shall design the prefabricated bridges and provide submittal drawings in accordance with these minimum requirements. Schematic drawings and diagrams shall be submitted to the Engineer for their review after receipt of order. Submittal drawings shall be unique drawings for each bridge, prepared to illustrate the specific portion of the work to be done. All relative design information such as member sizes, bridge reactions, and general notes shall be clearly specified on the drawings. Drawings shall have cross referenced details and sheet numbers. All calculations and submittal drawings shall be sealed by a Professional Engineer licensed in the State of Arkansas and provided to the City. Abutment dimensions for the back wall height along with technical support shall also be provided by manufacturer. 6.2 Structural Calculations: Structural calculations for the bridge superstructure shall be submitted by the bridge manufacturer and reviewed by the approving engineer. All calculations shall be signed and sealed by a Professional Engineer who is licensed in Arkansas. The calculations shall include all design information necessary to determine the structural adequacy of the bridge. The calculations shall include but are not limited to the following: • All International Building Code (IBC),2009 design checks for axial, bending and shear forces in the critical member of each truss member type (i.e. top chord, bottom chord, floor beam, vertical, etc.) • Checks for the critical connection failure modes for each truss member type (i.e. vertical, diagonal, floor beam, etc.). Special attention shall be given to all welded tube on tube connections. • All bolted splice connections. • Main truss deflection checks. • U -Frame stiffness checks (used to determine K factors for out -of -plane buckling of the top chord) for all half through or "pony" truss bridges. City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 16 of 21 • Deck design. The analysis and design of triangulated truss bridges shall account for moments induced in members due to joint fixity where applicable. Moments due to both truss deflection and joint eccentricity shall be considered. Welder certifications in compliance with AWS standard qualification tests. 7. FABRICATION 7.1 Drain Holes: When the collection of water inside a structural tube is a possibility, either during construction or during service, the tube shall be provided with a drain hole at its lowest point to let water out. 7.2 Welds: Special attention shall be given to developing sufficient weld throats on tubular members. Fillet weld details shall be in accordance with AWS D1.1. Unless determined otherwise by testing, the loss factor "Z" for heel welds shall be in accordance with AWS Table 2.8. Fillet welds which run onto the radius of a tube shall be built up to obtain the full throat thickness. The maximum root openings of fillet welds shall not exceed 3/16" in conformance with AWS D1.1 Section 5.22. Weld size or effective throat dimensions shall be increased in accordance with this same section where applicable (Le. fit -up gaps > 1/16") The fabricator shall have verified that the throat thickness of partial joint penetration groove welds (primarily matched edge welds or the flare -bevel -groove welds on underhung floor beams) shall be obtainable with their fit -up and weld procedures. Matched edge welds shall be "flushed" out when required to obtain the full throat or branch member wall thickness. For full penetration butt welds of tubular members, the backing material shall be fabricated prior to installation in the tube so as to be continuous around the full tube perimeter, including corners. Backing may be of four tubes: • A "box" welded up from four (4) plates. •Two "channel" sections, bent to fit the inside radius of the tube, welded together with full penetration welds. ■ A smaller tube section which slides inside the spliced tube. • A solid plate cut to fit the inside radius of the tube. Corners of the "box" backing, made from four plates, shall be welded and ground to match the inside corner radii of the chords. The solid plate option shall require a weep hole either in the chord wall above the "high side" of the plate or in the plate itself. In all types of backing, the minimum fit -up tolerances for backing must be maintained at the corners of the tubes as well as across the "flats". S. BEARINGS: 8.1 Bearing Devices: The bridge manufacturer shall be responsible for the design of the bearing devices. The manufacturer shall have the option of using steel bearing, elastomeric bearings, or City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 17 of 21 a combination thereof. The bearing devices shall be designed for the anticipated temperature differentials and for the actual rotations of the bearings due to dead and live load rotations. 8.2 Anchor Bolts: The bridge manufacturer shall determine the number, diameter, minimum grade and finish of all anchor bolts. The anchor bolts shall be designed to resist all horizontal and uplift forces to be transferred by the superstructure to the supporting foundations including the stream force. Engineering design of the bridge supporting foundation, including design of anchor bolt embedments, shall be the responsibility of the foundation engineer. The bridge manufacturer shall provide the anchor bolts for installation by the contractor in accordance with the manufacturer's anchor bolt spacing dimensions. Information as to bridge support reactions and anchor bolt locations shall be furnished by the bridge manufacturer after receipt of order and after the bridge design is complete. Anchors shall be of the drilled type, installed with a chemical adhesive system. Anchor systems shall be designed and supplied by the Bridge Manufacturer. Anchor bolts shall conform to ASTM A307, A193, or F1554. FINISHING: 9.1 Blast Cleaning: All blast cleaning shall be done in a dedicated OSHA approved indoor facility owned and operated by the bridge fabricator. Blast operations shall use Best Management Practices and exercise environmentally friendly blast media recovery systems. To aid in providing a uniformly "weathered" appearance, all exposed surfaces of steel shall -be blast cleaned in accordance with Steel Structures Painting Council Surface Preparations Specifications No. 7 Brush -Off Blast Cleaning, SSPC-SP7 latest edition. Exposed surfaces of steel shall be defined as those surfaces seen from the deck and from outside of the structure. Stringers, floor beams,. lower brace diagonals and the inside face of the truss below deck and bottom face of the bottom chord shall not be blasted. 10. DELIVERY: Cost shall include delivery of bridge 1 to the installation site at the Fayetteville Regional Park near the intersection of 1-49 and HWY 265 in Fayetteville, AR. and bridge 3 at the location near the intersection of Hwy 71B and Cato Springs Road. An all-weather road has been constructed for access to the bridge location. All trucks delivering bridge materials will need to be unloaded at time of arrival. 10.1 Bidder shall provide the City with delivery notification and delivery date/time shall be coordinated and set. Once the delivery date and time is set it cannot be changed unless approved by the City AND bidder. If bidder modifies the delivery date without coordination and approval of the City, the bidder shall be subject to damages related to but not exceeding the cost of project installation reschedules (such as rescheduling a crane, etc.). If the bridge is fabricated before the City is ready to receive it, then the vendor shall agree to store the fabricated bridge at no cost to the City at their location until the City is ready for the bridge to be shipped. Additional fuel charges shall be factored into the bid and cannot be changed due to possible shipping delays. City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 18 of 21 The Bridge Manufacturer shall provide detailed, written instruction procedures for proper lifting and splicing of bridge components. The method and sequence of erection shall be the responsibility of the City or its designee. The bridge manufacturer shall provide written inspection and maintenance procedures to be followed by the City. 10.2 FOB Terms: Bridge 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. 11. QUALIFIED SUPPLIERS: The bridge manufacturer shall be currently certified by the American Institute of Steel Construction to have the personnel, organization, experience, capability, and commitment to produce fabricated structural steel for Simple Steel Bridges as set forth in the AISC Certification Program. Qualified suppliers must have at least 5 years of experience fabricating these type of structures. Manufacturer shall provide a certificate for Simple Bridge with bid submittal. Design procedure shall be in accordance with the "International Building Code (IBC), 2009 edition", supplemented with the current edition of"American Institute of Steel Construction (AISC) including the Design Specification for Steel Hollow Structural Sections, further supplemented with the current edition of American Welding Society (AWS) D1.1 Structural Welding Code, as modified and further supplemented herein. Structural Welding Code as modified and further supplemented herein. Structural members shall be designed in accordance with recognized engineering practices -and principles. The City will evaluate and verify the accuracy of the submittal prior to bid. If the City determines the qualifying criteria have not been met, the proposed supplier shall be rejected. The City's ruling shall be final. City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 19 of 21 11.1 Pre -Approved Manufacturers: CONTECH Bridge Solutions, Inc. Big R Bridge Anderson Bridges LLC 8301 State Highway 29 North 19060 Weld County Road 111 Willow Street Alexandria, Minnesota 56308 Greeley, CO 80631-9664 Colfax, WI 54730 1-800-328-2047 1-800-234-0734 1-877-934-2800 Wheeler Lumber, LLC Excel Bridge Manufacturing Co. Pioneer Bridges 9330 James Ave. S 2001 Shoemaker Avenue 119 401h Street NE Bloomington, MN 55431 Santa Fe Springs, CA 90670 Fort Payne, AL 35967 1-800-328-3986 1-800-548-0054 1-866-708-5778 Art Thureson Inc. Cameron Bridge Works, LLC True North Steel 4,000 West Walton 4,000 West Walton 5501 South 30`h St. W Waterford, MI 48329 Waterford, MI 48329 Billings, MT 59102 1-248-623-8599 1-248-623-8599 1-406-370-2548 SMI & Hydraulics, Inc. U.S. Bridge division of the Ohio Roscoe Bridge 401 Lone Tree Street Bridge Corporation 5405 Momont Road Porter, MN 56280 201 Wheeling Ave, P.O. Box 757 Missoula, MT 59808 (507) 296-4559 Cambridge OH 43725 1-406-532-7126 (740) 432-6334 Echo Bridge Manufacturing Co. 123 Bob Masia Drive Pine City, NY 14871 1-607-734-9456 12. WARRANTY: 12.1 The bridge manufacturer shall warranty their steel structure to be free of design, material, and workmanship defects for a period of ten years from the date of acceptance. This warranty does not include decking, foundation or any other items not part of the steel truss structure. The warranty shall not cover defects in the bridge caused by abuse, misuse, overloading, accident, improper maintenance, alteration or any other cause not the result of defective materials or workmanship. Repair or replacements shall be the exclusive remedy for defects under this warranty. The bridge manufacturer shall not be liable for any consequential or incidental damages for breach of any express or implied warranty on their structures. Bid pricing shall include expenses related to covered warranty items including but not limited to travel, labor, materials, etc. 13. OTHER PROVISIONS: 13.1 The City anticipates being prepared to accept delivery between the dates of June 1st, 2017 and September 31st, 2017. City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 20 of 21 13.2 The City of Fayetteville shall pay for bridge in full within thirty (30) calendar days of delivery, acceptance, and proper invoicing of bridge. However, in the event the City exceeds sixty (60) calendar days from date bidder has bridge 100% completed, the City will pay said bidder 30% of total bid after receipt of payment bond in the amount of payment. In no event shall the City pay in advance for any item without previously receiving a payment bond. 13.3 The City shall be responsible for offloading the bridge. 13.4 Bidders shall have a minimum of three (3) years' experience supplying materials, products, and services requested in this bid. 13.5 Bidders are not required to provide drawings until an award has been issued. 13.6 Bridge shall comply with ADA guidelines. 13.7 Materials not specified shall conform to applicable ASTM or IBC City of Fayetteville, AR Bid 17-27, Prefabricated Pedestrian Bridges Page 21 of 21 SALES ORDER ORDER NO. 1 14028 14029 Wheeler Lumber, LLC 9330 James Avenue South Bloomington, NW 55431 Ph: (952)929.7854 or (800)328-3986 Fx: (952)929.2909 Email: info@wheeler-con.com web: wwwwheeler-con.com SALESMAN NO. DATE LOCATION INSPECTION CUSTOMER NO. P.O. NO. PROJECT NO. 684 1 2/24/17 1240 T19672 Sold To: Mr. Matt Mihalevich Finish: Ship To: Weld Code: AWS D1,1 Truss Type. City of Fayetteville Web: {jobsite} 113 W. Mountain Street Fayetteville, AR Cato Springs Trail City of Fayetteville, AR 72701 T I T19672 Prefabricated Steel Truss Recreation Bridge - Bridue No. 1 (14028 Bridge Size: 40'x 12' Finish: Weathering (SP 7) Weld Code: AWS D1,1 Truss Type. Bowstring Web: Pratt X -Section: H -Shape Live Load: 90 psf Vehicle Load: H-10 Design Code: AASHTO LRFD Safety Railing: 54" Vertical Rail Spacing: Contain 4" sphere Rail Material: Steel angle Rub Rail: None Hand Rail: None — i Lifting Weight: 9,700 lbs Shipped as: 1 piece(s) Field Splices: 0 i Bearings: Stainless/Teflon Decking: Concrete Reinforcement: 2,000 lbs Concrete Qty: 8 cy Additional Notes: Concrete and reinforcement by others. Includes corrugated metal decking and side forms. Quantities are subject to change based on final design. Lifting weight is for fully assembled bridge without concrete and reinforcement. Lump sum / ea... $27,150.00 Prefabricated Steel Truss Recreation Bridce - Bridoe No. 2 (14029) Bridge Size: 130'x 12' Finish: Weathering (SP 7) Weld Code: I AWS DIA Truss Type: Bowstring Web: Pratt X -Section: H -Shape Live Load: 90 psf Vehicle Load: H-10 Design Code: AASHTO LRFD Safety Railing: 54" Vertical Rail Spacing: Contain 4" sphere Rail Material: Steel angle Rub Rail: None Hand Rail: None Lifting Weight: 52,500 lbs Shipped as: 1 piece(s) Field Splices: 0 Bearings: Stainless/Teflon Decking: Concrete Reinforcement: 6,400 lbs Concrete Qty: 26 cy Additional Notes: Concrete and reinforcement by others. Includes corrugated metal decking and side forms. Quantities are subject to change based on final design. Lifting weight is for fully assembled bridge without concrete and reinforcement. Includes mounting brackets for light fixtures, but does not include conduit, light pole, lamps, or any electrical. "'Bridge will be Shipped in ONE PIECE — No Field Splicing required— Lump sum / ea = $98,900.00 GRAND TOTAL (BOTH BRIDGES): $126,050.00 Your order as detailed above is h eby a ed and this contract is confirmed in accordance with the terms which appear on the reverse side of this agreement. Please verify the d ifs her man advise us immediately if we have not entered your order correctly, or if this document does not fully set forth all terms agreed upqLbofie pard SIG HEERE WHEEELER LUMBER, LLC ACCEPTED: �On DATE: BY: Jonny Hoak 2/24/17 Delivery available within 10-12 weeks after plan approval. F.O.B. trucks delivered to jobsite. Delivery is made to a location nearest the site, which is easily accessible to normal over -the -road tractor/trailer equipment. Oversized loads warrant additional consideration and providing suitable access shall be the responsibility of others. All trucks delivering materials will need to be unloaded at the time of arrival. Terms are 10% payment once plans are approved, net 30 days and remainder of balance on delivery, net 30. Price does not include any applicable taxes but this project is tax exempt. SALES ORDER Page 2 Wheeler Lumber, LLC 9330 janies Avenue South Bloomington, NfN 55431 Ph: (952)929-7854 or (800)328.3986 Fxr (952)929,2409 Email: infota)WI-Imler-con.com Wpb: w;vw wfxeeler-con.com CONDITIONS OF SALE 1. ACCEPTANCE. Any quotation, if any, by Seller is merely an invitation for an offer from potential customer(s). All resulting customer offers (orders) are thus subject to acceptance at Seller's offices at the address shown on the face hereof, before any contract is formed. IT 15 EXPRESSLY UNDERSTOOD AND AGREED THAT ALL CUSTOMER OFFERS (ORDERS) RESULTING HEREFROM MUST INCLUDE ALL TERMS AND CONDITIONS PRINTED HEREON. 2. DRAWINGS AND SPECIFICATIONS - UNSAFE DESIGN -AMIw OMyM11111I! Material shall be fabricated in accordance with design drawings, specifications and detail drawings furnished or approved by Buyer unless otherwise stated on the face of this quotation. If the design drawings and specifications described herein are preliminary or incomplete, Buyer shall promptly furnish drawings and specifications which are complete, final, and bear necessary approval unless expressly agreed to by Seller. Seller assumes no responsibility for the accuracy, completeness, fitness or suitability of designs, drawings or specifications furnished or approved by Buyer, and 9fly 3. LIMITED WARRANTIES. THERE ARE NO UNDERSTANDINGS, TERMS, CONDITIONS, OR WARRANTIES NOT FULLY EXPRESSED HEREIN. Seller warrants title to and freedom from encumbrance of the products sold hereunder, and Seller warrants that products bought on the basis of the description thereof, as appears or as referred to on the face hereof, are of merchantable quality. Seller makes no other warranty whatever, express or implied. all implied warranties of merchantability and all implied warranties of fitness for any particular purpose which exceed or differ from the warranties herein expressed are disclaimed by Seller and excluded from agreement. 4. LIMITATION OF BUYER'S REMEDIES- Seller's liability hereunder shall be limited to the obligation to repair or replace products proven to have failed to meet the specification or to have been defective in quality or workmanship at the time of delivery, or allow credit therefore, at its option. Seller's total cumulative liability in any way arising from or pertaining to any products sold or required to be sold under this contract shall not in any case exceed the purchase price paid by the Buyer for such product. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR COMMERCIAL LOSS, CLAIMS FOR LABOR, OR CONSEQUENTIAL DAMAGES OF ANY OTHER TYPE. It is expressly agreed that Buyer's remedies expressed in this paragraph are Buyer's exclusive remedies. 5. LIMITATION OF LIABILITY FOR FAILURE OR DELAY IN DELIVERY. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CLAIMS FOR LABOR OR FOR ANY CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM FAILURE OR DELAY IN DELIVERY. NO DELIVERY DATES ARE GUARANTEED, 6. FORCE MAJEURE. In any event and in addition to all other limitations stated herein, Seller shall not be liable for any act, omission, result or consequence, including but not limited to delay in delivery or performance, which is 1) due to any act of God, the prior performance of any government order, any order bearing priority rating or order placed under any allocation program (mandatory or voluntary) established pursuant to law, local labor shortage, fire, flood, or other casualty, governmental regulation or requirement, shortage or failure of raw material supply, -fuel, power or transportation, breakdown of equipment, or any cause beyond Seller's reasonable control whether of similar or dissimilar nature than those above enumerated, or 2) due to any strike, labor dispute, or difference with workmen, regardless of whether or not Seller is capable of settling any such labor problem. 7. PASSAGE OF TITLE. Title to the products sold hereunder shall pass upon delivery to the carrier at the point of shipment. Neither Buyer nor the consignee shall have the right to divert or reconsign such shipment to any destination other than specified in the bill of lading without permission of the Seller. Unless otherwise agreed Seller reserves the right to select the mode of transportation. If Buyer is unable or unwilling to take delivery of the products within 30 days of the later of (1) the originally scheduled delivery date, or (2) the date Seller makes the products available for shipment, then Seller may at its option transfer title and require payment according to the provisions of paragraph 8 below. Buyer assumes all benefits and risks of ownership (including risk of fire, theft, or other loss) once title is transferred, whether or not the products have been delivered. 8. PAYMENTS. It is expressly understood and agreed that payment for materials shall be in accordance with payment terms indicated herein, and amounts 30 days or more past due shall be subject to a service charge of 1.5% per month or 18% per annum. If Buyer shall fall to comply with any provision or to make payments in accordance with the terms of this contract or any other contract between Buyer and Seller. Seller may at its option defer further shipments or, without waiving any other rights It may have, terminate this contract. Buyer agrees to pay all costs of collection including a reasonable attorney's fee in the event it becomes necessary to enforce collection for the amounts reflected on this order. All deliveries shall be subject to the approval of Seller's department. Seller reserves the right before making any delivery to require payment in cash or security for payment, and if Buyer fails to comply with such requirement, Seller may terminate this contract. SALES ORDER Page 3 W r Lt]'ti1b r, LLC 9330 James Avenue South Bloomington, 1N 55431 Ph: (952)929-7854 or ($00)328-3986 Px: (952)929-2909 Email; infoca)wheeler-con.com web: www.whecier-con.com CONDITIONS OF SALE - CONTINUED 9. TRANSPORTATION CHARGES_ Delivered prices or prices involving competitive transportation adjustments shall be subject to appropriate adjustment to reflect changes in transportation charges. 10. CLAIMS BY BUYER. Claims by buyer must be made within 30 days of receipt of shipment, which Buyer and Seller agree is a reasonable time, or Buyer's claim shall be barred. In addition, Seller must be given an opportunity to investigate the claim before Buyer disposes of the material, or else Buyer's claim will be barred. Seller shall incur no liability for damage, shortages, or other cause alleged to have occurred or existed at or prior to delivery to the carrier unless Buyer shall have entered full details thereof on its receipt to the carrier. 11. MECHANICAL PROPERTIES: CHEMICAL ANALYSES. Data referring to mechanical properties or chemical analyses are the result of tests performed on specimens obtained from specific locations of the product(s) in accordance with prescribed sampling procedures: any warranty thereof Is limited to the values obtained at such locations and by such procedures. There is no warranty with respect to values of the materials at other locations. 12. PATENTS. Seller shall indemnify Buyer against attorney's fees and any damages or costs awarded against Buyer in the event any legal proceeding is brought against Buyer by a third person claiming the materials delivered hereunder in itself constitutes an infringement on any U.S. patent, provided Buyer gives Seller prompt notice of any such suit being brought, gives Seller the opportunity to defend any such suit, and cooperates with Seller with respect to any such defense; unless the material is made in accordance with materials, designs, or specifications reauired by Buver. In which case Buver shall similariv indemnity Seller. 13. PERMISSIBLE VARIATIONS. The products sold hereunder shall be subject to Seller's standard manufacturing variations, tolerances and classifications. 14. TECHNICAL ADVICE. Seller shall not be responsible for the results of any technical advice in connection with the design, installation or use of the products sold hereunder, unless expressly agreed to by Seller. 15. TAXES. No tax imposed in respect to the sale of the products sold hereunder is included In any quotation by Seller. Any such tax shall be added to and paid by Buver as part of the purchase price. 16. BUYER'S RIGHT OF TERMINATION. Buyer may terminate this contract whole or in part upon notice in writing to Seller. Seller shall thereupon, as directed, cease work and transfer to Buyer title to all completed and partially completed products and to any raw materials or supplies acquired by Seller especially for the purpose of performing this contract and Buyer shall pay Seller the sum of the following: (1) the contract price for all products which have been ,completed prior to termination; (2) the cost to Seller of the material or work in process as shown on the books of Seller in accordance with the accounting practice consistently maintained by Seller plus a reasonable profit thereon, but in no event more than the contract price; (3) the cost F.O.B. Seller's plant of materials and supplies acquired especially for the purpose of completing this contract; and (4) reasonable cancellation charges, if any, paid by Seller on account of any commitmeht(s) made hereunder, The provisions of this contract shall be without prejudice to the rights of either party for failure on the part of the other party to comply with the provisions of this contract. 17. SELLER'S RIGHT OF TERMINATION. If this contract is made in compliance with any governmental rule or regulation, plan, order or other directive, upon the termination thereof Seller shall have the option of canceling this contract in whole or in part. 18. SELLER'S AUTHORIZED REPRESENTATIVE. It is expressly understood and agreed that no officer or agent or salesperson has any authority to obligate the Seiler by any terms, stipulations or conditions not herein expressed; that all previous representations and agreements, either verbal or written referring to the goods which are the subject of this contract are hereby superseded and canceled and that there are no promises, agreements or understandings outside of this contract. Parol evidence will not be admissible to alter, vary or contradict the terms of this contract. 19. WAIVER. Failure or inability of either party to enforce any right hereunder shall not waive any right in respect to any other future rights or occurrences. 20. PRICES. Prices shall be Seller's prices in effect at time of shipment. 21. CONFLICTING PROVISIONS OFFERED BY BUYER. Any terms and conditions of any purchase order or other Instrument issued by the Buyer, in connection with the subject matter of this document, which are in addition to or inconsistent with the terms and conditions expressed herein, will not be binding on Seller in any manner whatsoever unless accepted by Seller In writing. a City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 DEVELOPMENT SERVICES (620) 2017 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION /JUSTIFICATION: This budget adjustment moves remaining funds from the completed Lake Fayetteville Trailhead (BGO) project to supplement funding for Cato Springs Trail development. RESOLUTION/ORDI NANCE TOTAL Account Number 4470.800.8830-5814.05 4470.800.8830-5814.05 COUNCIL DATE: 3/21/2017 LEGISTAR FILE ID#: 2017-0129 LB alr bard/ Fe& 3/7/2017 7:16 AM Budget Director Date TYPE: DESCRIPTION: GLDATE: POSTED: / v.20161220 Increase / (Decrease) Proiec_#_,Sub# Expense 33,580 (33,580) Revenue Project Sub AT Account Name 02016 1405 EX Sidewalk/Trails-Trails 15016 1 EX Sidewalk/Trails -Trails C:\Users\Ismith\AppData\Roaming\L5\Temp\8c85Of8f-Od89-4b4c-9bee-06a2eO5bb1 be 1 of 1