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HomeMy WebLinkAbout277-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 277-20 File Number: 2020-0915 BID# 20-70 T.F. THOMPSON ROOFING - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID #20-70 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA RESTORATIONS, LLC DB/A T.F. THOMPSON CO. ROOFING & WATERPROOFING IN THE AMOUNT OF $41,000.00 FOR REPLACEMENT OF THE FACILITIES MANAGEMENT SHOP BUILDING ROOF, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,150.00 - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT 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 #20-70 and authorizes Mayor Jordan to sign a contract with Terra Firma Restorations, LLC d/b/a T.F. Thompson Co. Roofing & Waterproofing in the amount of $41,000.00 for replacement of the Facilities Management shop building roof, and further approves a project contingency in the amount of $6,150.00. PASSED and APPROVED on 11/5/2020 Page 1 Printed on 1116120 Resolution: 277-20 File Number 2020-0915 Attest: `,����ttrrrrtri C\'f-R K T,Q �����.•' CITY'•.F Kara Paxton. City Clerk Treasures FAye�E�74 ,�. ,g. 'X= 9 •'.41vsp\ Page 2 Printed on 1116120 -� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0915 Agenda Date: 11/5/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A 9 BID# 20-70 T.F. THOMPSON ROOFING - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID #20-70 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA RESTORATIONS, LLC D/B/A T.F. THOMPSON CO. ROOFING & WATERPROOFING IN THE AMOUNT OF $41,000.00 FOR REPLACEMENT OF THE FACILITIES MANAGEMENT SHOP BUILDING ROOF, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,150.00 - 2019 CITY FACILITIES IMPROVEMENTS BOND PROJECT 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 #20-70 and authorizes Mayor Jordan to sign a contract with Terra Firma Restorations, LLC d/b/a T.F. Thompson Co. Roofing & Waterproofing in the amount of $41,000.00 for replacement of the Facilities Management shop building roof, and further approves a project contingency in the amount of $6,150.00. City of Fayetteville, Arkansas Page 1 Prinked on 111612020 Matthew Cabe Submitted By City of Fayetteville Staff Review Form 2020-0915 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/16/2020 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: A Resolution to award BID# 20-70, to authorize a contract of $41,000 with T.F. Thompson Roofing for replacement of the roof of the Facilities Management shop building located at 109 E. Rock Street, and to approve a project contingency of $6,150 (15%). 4470.140.8900-5400.00 Account Number 02046.1 Budget Impact: Building & Grounds Maintenance Fund Facilities Management Shop Reroof Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Project Title $ 1,156,700.00 $ 121,622.85 $ 1,035,077.15 $ 47,150.00 $ 987,927.15 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE 14'W ARKANSAS MEETING OF NOVEMBER 5, 2020 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Paul Becker, Chief Financial Officer Wade Abernathy, Director of Bond Projects and Facilities FROM: Matthew Cabe, Building and Facilities Maintenance Manager DATE: October 15, 2020 SUBJECT: Approval of a contract in the amount of $41,000 with T.F. Thompson Roofing Co. for removal and replacement of the roof of the Facilities Management shop building located at 109 S. Rock St. RECOMMENDATION: A Resolution to award BID# 20-70, to authorize a contract with T.F. Thompson Roofing for replacement of the roof of the Facilities Management shop building located at 109 S. Rock St. Avenue, and approval of a project contingency of $6,150 (15%). BACKGROUND: The roof of the Facilities Management shop building has aged beyond its useful life. The project scope includes removal of the existing metal roofing and replacing it with a standing seam metal roof. DISCUSSION: On August 25, 2020, the City received construction bids for this project. T.F. Thompson Roofing Co. submitted the low bid of $41,000, which is below Facilities Management's estimate of $45,000. BUDGET/STAFF IMPACT: This project is funded by Facility Capital Improvement funds. Attachments: Agreement with T.F. Thompson Roofing Co. Bid Submittal Bid Tab Recommendation for Award Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, AR ®CITY OF Contract for: Bid 20-70, Construction of Facilities Shop Roof Replacement FAY E T T E V I L L E Contractor/Vendor: Terra Firma Restorations, LLC A R K A N S A S D/B/A T.F. Thompson Roofing Co. Term: Single Project This contract executed this r day of UV tAk v( , 2020, between the City of Fayetteville, Arkansas (City) and Terra Firma Restorations, LLC D/B/A T.F. Thompson Co. Roofing, T.F. Thompson Co. Roofing & Waterproofing (TF Thompson, Vendor, Contractor) In consideration of the mutual covenants contained herein, the parties agree as follows: 1. TF Thompson 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 20-70, Construction — Facilities Shop Roof Replacement as stated in TF Thompson bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 20-69, all included herein as if spelled out word for word. a. The City of Fayetteville shall pay TF Thompson for completion of the project based on prices indicated in Appendix B, for a not to exceed price of $41,000.00 US DOLLARS. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval 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. Invoices shall be submitted itemized to the detail and breakout presented in the bid form. 2. The Contract documents which comprise the contract between the City of Fayetteville and TF Thompson consist of this Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: Bid package identified as Bid 20-70, Construction —Facilities Shop Roof Replacement with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings and issued addenda. b. Appendix B: TF Thompson bid proposal. c. Appendix C: Recommendation for Award, inclusive of the bid tabulation d. Appendix D: TF Thompson Certificate of Insurance 3. These Contract documents constitute the entire agreement between the City of Fayetteville and TF Thompson and may be modified only by a duly executed written instrument signed by the City of Fayetteville and TF Thompson. 4. TF Thompson shall not assign its duties under the terms of this agreement. 5. TF Thompson 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 TF Thompson performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 6. TF Thompson shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that applicable coverage exists for the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. City of Fayetteville, AR Bid 20-70, Construction — Facilities Shop Roof Replacement Page 1 of 4 In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, TF Thompson shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by TF Thompson. a. Workmen's Compensation: Statutory Amount b. Comprehensive General & Automobile Insurance: $500,000 for each person injured. c. Bodily Injury Liability: $1,000,000 for each accident. d. Property Damage Liability: $1,000,000 aggregate. 7. TF Thompson shall furnish proof of licensure as required by all local and state agencies. 8. This contract may be terminated by the City of Fayetteville or TF Thompson with 30 calendar days written notice. 9. 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. 10. 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. 11. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute. 12. Contractor's Representations: a. TF Thompson has examined and carefully studied all contract documents. b. TF Thompson shall visit the project sites and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. c. TF Thompson is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. d. TF Thompson will carefully study all: A. Reports of explorations and tests of subsurface conditions at or contiguous to project sites and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. TF Thompson acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in project documents with respect to Underground Facilities at or contiguous to the Site. e. TF Thompson will obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to project sites or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect City of Fayetteville, AR Bid 20-70, Construction — Facilities Shop Roof Replacement Page 2 of 4 of the means, methods, techniques, sequences, and procedures of construction to be employed by TF Thompson and safety precautions and programs incident thereto. f. TF Thompson does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. g. TF Thompson is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. h. TF Thompson has correlated the information known to TF Thompson, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. i. TF Thompson has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that TF Thompson has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to TF Thompson. j. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. k. TF Thompson is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. I. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. 13. Liens: No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires, and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non- payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 14. Liquidated Damages: N/A 15. 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, AR Bid 20-70, Construction — Facilities Shop Roof Replacement Page 3 of 4 WITNESS OUR HANDS THIS 5 DAY OF /1M61 , 2020. Terra Firma Restorations, LLC D/B/A T.F. Thompson Co. Roofing, T.F. Thompson Co. Roofing & Waterproofing By: Tyler Kerley Printed Name and Title By ERK ��T►,,�� Signature- - - y -- ATTEST: . G R 0,: .G By:.�� Kara Paxton, City Clerk L DEVIL :�= Date Signed: N Cijv,N�%%Date Signed: 10/15/20 IN11►�� City of Fayetteville, AR Bid 20-70, Construction — Facilities Shop Roof Replacement Page 4 of 4 Contract for Bid 20-70 Appendix A City Bid Package Project Manual Itio� CiTy FAYE AR,K AS- N� �ITY� �EEVTtLE, CPCl Constructioi;� Facilities Shop Roof Replacement BID # 20-70 Date: August 2020 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 1 of 29 CITY OF FAYETTEVILLE ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting 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 docume'oo;)ower of Attorney, etc.) In lieu of a bid bond, the bidder may submit a cashier'Qe, g m a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (in of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, A . All addenda shall be signed, acknowledged, and i d on the appropria rms (submitting the actual addendums or marking acknowledgement on of r ages). 0 P All line items shall be appropriately filled 6rovid d exte CI evea I item price as well as the total bid price. Total base bid should be calculate :�G All pages provided with signatZPs sha ppr rimy signed, dated accordingly, and included with submitted bid documents ❑All bid documents shall ee ivered in sealed en�lo) to the address listed below before the stated deadline on the covershee tP1�.�id. All bids shoul ��liveerred with the name of the bidder (contractor) on the sealed envelope as well °'bidders Arkansas Con ralV's License Number. do—• Fayetteville, AR ur hasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: ARKANSAS CONTRACTORS LICENSE NUMBER: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 2 of 29 City of Fayetteville Bid 20-69, Construction - Fabric Storage Building Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 20-70, Construction — Facilities Shop Roof Replacement The City of Fayetteville is accepting bids from properly licensed and authorized firms for the materials, delivery, remove and dispose of old, and installation of a new roof on the Facilities Division Shop building. Questions should be addressed to Les McGaugh, Purchasing Agent at Imcgaugh@fayetteville-ar.gov or by calling (479) 575-8220. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteviIle-ar.gov/bids. All bids shall be received by Thursday August 27, 2020 before 2:00 PM, local time utilizing the electronic bidding software, OR by submitting a sealed bid at the City of Feville, Purchasing Division address listed below. Submitting a bid electronically is strongly encouraged. A public bid opei '_ shortly after the deadline at City Hall and livestreamed at htt s: r. www. outube.com user cit offs ettevilleaate bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of Eys technical equipment. City of Faye eville Purchasing Divi�io oom 306 113 West � Stre V Fayetti!v 72701 v A non -mandatory Pre -Bid meeting will be held Thursday t 13, 2Z a 00 A sit information regarding the pre -bid meeting is available on the project page on the City's is biddi g m. A ested parties are encouraged to attend. Each bid shall be accompanied by a cashier's ch a ban usi r &State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the bid. A dred pe t (100%) performance and payment bond is required with the contract awarded and shall be fil r d by th a in ton my ircuit Clerk's Office upon receipt to the City. A State of Arkansas Contractor's License is re r all ids icens' I e valid at the time of bid deadline. In an effort to understand hardsh s vendorsan uppliers are g in relation to the current COVID-19 situation, the Purchasing Division will take feedback fr m p olders and intereste�PC s to understand the current impact to vendors operations. Pursuant to Arkansas Code Annotated §22-9-203 Th,e Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contr o s, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of t it ntract 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, Sr. Purchasing Agent P: 479.575.8220 Email: Imcgaugh@favetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 08.02.2020 and 08.09.2020 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 3 of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement Bid Form Days to Final Completion: 20 Days from Receipt of PO F.O.B. 109 W. Rock St., Fayetteville, AR 72701 Bid Form is available on Bonfire. 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 or he City's best interest at the time of product order. �� O' o W THIS BID FORM I HE NEXT PAGE. � P � o G CO G� City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 4 of 29 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. O 4. I, as an officer of this organization, or per the attached letter of autho ation, am duly authorized to certify the information provided herein is accurate and true. O� S. Bidder shall comply with all State and Federal Equa�Opp�unity and Non -Discrimination requirements and conditions of employment in addition to all federal, s , , d local laws. (�� 6. Bidder shall disclose any possible conflict of interleq h the City f Fayet4'��oWA luding, but not limited to, any relationship with any City of Fayetteville empl�ee. Respon�Il dis ton relationship exists between any principal or employee of your firm a �n `'ity of F � ille e or elected City of Fayetteville official. If no relationship exists, this should ostated i respo lure to disclose such a relationship may result in cancellation of a purchase contra esulVesponse. 1.) N�%S I RELA IP EXIS • +�►9�se)x `ELATIONSHIPEXISTS eapIain): e6 7. Bidder will perform e Work in compli ith all applicable trench safety standards set forth in Occupational Safety and Health Administration (0 * 26 — Subpart P — Excavations. 8. Pursuant Arkansas Code Annotat §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 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. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 5 of 29 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: *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *PHONE: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: _ *TITLE: Purchase Order/Payments shall be issued to this name *STATE: AO *ZIP: I FAX: N DUNS NUMBER: . GE NUMBER: *TAX ID NUMBER: Acknowledge Addenducr Addendum No. Dated: knowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 6 of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement 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 ar to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsder to whom the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as herlev provided) makes an award. PART TWO - COPIES OF BIDDING DOCUMENTS • 6 2.1 Complete sets of the Bidding Documents Qciumb a fo�rt h it sum, if any, stated in the Advertisement for Bids may be obtainedthAlomplete sets of Bidding Docum s must be s in�e Bids. City of Fayetteville assumes no responsibility for errors or m i�pretati�{ sultiori'f the use of incomplete sets of Bidding Documents.► 2.3 City of Fayetteville in ki g copiedin ents available on the above terms do so only for the purpose of ojei n ids for the ork �d not confer a license or grant for any other use. ♦♦ 2S PART THREE - EXAMINATION OF SITE AND C+N`r )CT DOCUMENTS x 3.1 Bidders are advised that the Drag 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. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 7 of 29 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 owner 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 by City of Fayetteville's of such Underground Facilities or others, and City of Fayetteville do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. O 3.5 On request, City of Fayetteville will provid e each Bidder arNsifto the site to conduct such examinations, investigations, explorations, tests, and studies as eac deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore he s to its former conditions upon completion of such explorations, investigations, tests, and stud�e �GJ 3.6 Reference is made to the General Requiremer<r the 'de ificatio general nature of work that is to be performed at the site by Cit Fayet r of r (`h as utilities and other prime contractors) that relates to the wor ich a o be ed. On request, and as available, City of Fayetteville will provide Xea h Bid r exa n, access to or copies of Contract Documents (other than portions O(onstitu of rela prig ter h work. 3.7 The submission of a Bid �co (v i��ble representation by Bidder that Bidder has v complied with every ri ement Arti hat without exception the Bid is premised upon performing and s n``g the Wor required the Contract Documents and applying the specific means, method to niques, sequences) ocedures of construction (if any) that may be shown or indicated or expre y required by th ract Documents, that Bidder has given owner written notice of all conflicts, errors, ambigui iscrepancies that Bidder has discovered in the Contract Documents and that the writte es lutions thereof by owner are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the Contract Documents. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 8 of 29 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 owner 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 Docu n as deemed advisable by City of Fayetteville. I 5.4 Bidder assumes all responsibility for checking the ebsite at www.accessfayetteville.org for updates and addenda issued to this project. ellp . 6 PART SIX - APPROXIMATE ESTIMATE OF QUANTITIES NNO Qj 6.1 The provided estimate of quantities is ximat • nd s I lice basis for receiving unit price bids for each item but shall not be c - ed by s as a quantities that may be required for the completion of the proposed w k�wever quant the unit and lump sum prices bid for each item, shall determine the rya t of e id foc rison of Bids and aid in determining the low and responsive Bidder Ons. purpo ard� g It 1 contract, and will be used as basis for fixing the amount of the requir • v PART SEVEN - PRICES V ` G 7.1 Bidders must state a price for each it work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for th i g of all labor, materials, tools, equipment, and apparatus of every description to construct, ere t, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required and has reviewed the Drawings and Specifications to verify the full scope of the Work. PART EIGHT - BID FORM 8.1 Bids are due as indicated in the Advertisement for Bids. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 9 of 29 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�Ir�e3'Sgiven in the Advertisement for Bids on or before the day and hour set for opening the bids i the completed Bid Form and Project Manual in a sealed envelope bearing the title of the the name of the Bidder, Bidder's Arkansas Contractor's License Number, and the date and oLTr0Ithe bid opening. If this sealed envelope is delivered by a public carrier, it must be contained n nother envelope adsed to City of Fayetteville and the attention of the project name. It ole r sibility er to see that the Bid is received on time. 8.5 Acceptance of deductive alternate bi the Ci ayette discretion, as best services the City of Fayetteville's interest. Each de ctiv alter prese ill be provided on the Bid Form. The price of the Bid for each deduct e ernat be th nt to be deducted from the price of the Total Base Bid if the City of Teville any f t alternates. The unit price amount for each alternate shall be the sam kt e unit ri o t,s d in the Bid. 8.6 No Bidder shall u e t e informJon in o th�to any person whomsoever, except those having a partnership or o er inancial interest wit*► in the Bid, until after the bids have been opened. PART NINE - SIGNATURE ON BIDS 9.1 If the Bid is made by an individua ),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 20-70, Construction - Facilities Shop Roof Replacement Page 10 of 29 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 sec it u�ffil the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, w ove is sooner. Cash equivalent security of the second and third low bidder may be exchanged fyl uivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whi ev eVtsooner. PART ELEVEN - PERFORMANCE BOND AND PAYMEN • QJ 11.1 Prior to signing the Agreement, ContrContra shall sur tormance Bond and a payment Bond, equal to one hundred percent �` q PON 4 � G 11.2 Contractor shall pay all expensonnec�j lvithQeVining of said Bonds. The Bonds shall be conditioned that Contractor aithfull p Pfbrm e ract and shall pay all indebtedness for labor and materials furnished o f ormed c onst�r ti of such alterations and additions as prescribed in this contract. 11.3 The surety com an issuing the Bonds r1►ue a solvent company on the "Surety Companies Annual List" issued by the S. Department Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limj at\ the surety company as set out therein. 11.4 In Arkansas, prevailing law requirVVs 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 date of the Bonds, and 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 20-70, Construction - Facilities Shop Roof Replacement Page 11 of 29 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 may be 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 AO I 14.1 Contractor shall not assign or sublet all or any part of itract without the prior written approval of City of Fayetteville nor shall Contractor allow suc sutc tractor to commence work until approval of workman's compensation insurance and public ! aM insurance as may bpiecluired. Approval of each subcontract by City of Fayetteville will in no relea ntractor any obligations as set out in the Drawings, Specifications, contract, and s. A & �` Q► PART FIFTEEN -SUBSTITUTE AND "OR EQUALfk6.) 15.1 Any reference to a particular br>cnr man lure i-n rf�ffort to establish an acceptable level of quality for this purchase. Br r man a �ers at e included in a bid that are of at least equal quality, size and specifica i s to wh s een ci i d, will be acceptable for consideration. PART SIXTEEN - COMPLIANC IH STATE LICENSING J 16.1 A Contractor's Lic se is require6as his project, however, prior to executing the agreement with the City of Fayetteville, the Cont� be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkatate 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 owner'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 20-70, Construction - Facilities Shop Roof Replacement Page 12 of 29 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. O 18.6 Uncompleted work which, in the judgment of City of Fay a0il might hinder or prevent the prompt completion of additional work if awarded. 18.7 Being in arrears on existing contracts, in litigatrio th City of Fayettevi or having defaulted on a previous contract.] PART NINETEEN - OPENING OF BIDS '< • �' O (�►`oft 19.1 Bids will be op ened and read alou ubltcl at Tice wh . s are to be submitted in a room to be designated byCity of Fayettevill tlt day o ��bid e n . An abstract of the amounts of the base Bids and major alternates (if ill be Tvaila e t idders after the opening of Bids. PART TWENTY - CONSIDERATI IDS P <j).N 20.1 After the bids a o Oned and read, the ties will be extended and totaled in accordance with the bid prices of the ac epted Bids. This , of the Bids will confirm the low bidder. 20.2 In evaluating Bids, City of Fayett ill `ill 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 20-70, Construction - Facilities Shop Roof Replacement Page 13 of 29 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 contrac r uced to writing and signed by the contracting parties. The letting of a contract shall not be c le until the contract is executed and the necessary Bonds approved. 01 PART TWENTY-THREE - RETAINAGE 23.1 Provisions concerning retainage and Contra • is to osit secu Zn lieu of retainage are set forth in the Agreement. PART TWENTY-FOUR - SIGNING OF AGREEM & � G 24.1 When City of Fayetteville gives altte of S n to®SL4Ccessful Bidder, it will be accompanied by the number of unsigned co arts of ree nt�6 indicated in the Supplementary Conditions, with all other written Co arts V tac ithin ten (10) days thereafter, Contractor shall sign and deliver the re i numbunt of the Agreement and attached documents to City of Fayetteville wi tier quired Bo s & Certi e of Insurance. Within ten (10) days thereafter City of Fayetteville s II aver one fully signdl C9terpart to Contractor. PART TWENTY-FIVE - MATERIALS GUAR A 25.1 Before any contract is awarded Bi der 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 20-70, Construction - Facilities Shop Roof Replacement Page 14 of 29 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, signe t®law on March 1, 1993. PART TWENTY-EIGHT — PAST EXPERIENCE REQUIRED O� 28.1 All bidders shall have past experience in providing imila ork as described for this project. The City of Fayetteville reserves the right to reject for inac�e experience. A mil um of four (4) references are required. End of Section koOft � Q N cp CGS City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 15 of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement 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 may be submitted electronically on the City's Electronic bidding Platform, Bonfire, by going to www.fayetteville-ar.gov/bids the City is not responsible for failure of bidders technical equipment. d. Bids submitted physical shall be enclosed in sealed envelcor packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 WAo�a1►ain, Fayetteville, AR 72701. The name, address of the firm and Bid RFP or RFQ nu ber shall be on the outside of the acka in as well as on anv nackapaes enclosed in shiooins t ers or boxes. e. The City will not be responsible for misdire ed b� Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt c f ng documents rior opening time and date listed on the bid form.` f. Bidders shall have in experience rovltifin r du / ci and r ces of the same or similar p �p g� P nature. Pany 4$erms g. Bidder is advised that exceion3ed in this bid must be identified in its response to the bid. F u�Sto dos lea to declare any such term non- negotiable. Proposer' Te to to Zpti to non-negotiable term will not disqualify it from consideratio ard. Iq . �, h. Local time is d e as the t Fay �, Arkansas on the due date of the deadline. Bids shall be r i before the tiTne as owTb the atomic clock located in the Purchasing Division `% Y g Office. i. Bids will be evaluated and avC used on the best interest of the City of Fayetteville. The City reserves the right to awa bign their entirety, none, or by line item. 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 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 16 of 29 approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any n essary clarifications, additional information, or data without changing the terms of the iJ COSTS INCURRED BY BIDDERS: I All expenses involved with the preparation and submissio to the City, or any work performed in connection therewith, shall be borne solely by the bid r(s). payment will be made for any responses received, or for any other effort required of, or made` , e bidder(s) prior tontract commencement. CONFLICT OF INTEREST: (� a. The bidder represents that it preset y has no i=st an uire no interest, either direct or indirect, which would confl ny ma h the mance or services required hereunder, as provided in y oayett ode S 4.26 titled "Authority of City Employee to Contract wit City". V Qf b. All bidders shall pro otify L Gaug ity urchasing Agent, in writing, of all potential conflicts of inter any o e i sib ssociation, interest, or other circumstance which may inf � ` or app flu he bidder's judgment or quality of services being provided c ritten notific tion s II i ntify the prospective business association, interest or circumstc the nature of whic idder may undertake and request an opinion to the City as to whether the associatiop, st or circumstance would, in the opinion of the City, constitute a conflict of in s ered into by the bidder. The City agrees to communicate with the bidder its opinio�-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 ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 17 of 29 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 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 subm in accordance with said proposal terms and conditions therein, should any said governmental enti �to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the le sla viand judicial branches, political subdivisions (counties, local district school boards, commu tceges, municipalities, counties, or other public agencies or authorities), which may desire to purchAs er the terms and conditions of the contract. 11. COLLUSION: •� The Proposer, by affixinghis or her signature t thi ro os , a Tees to wing: "bidder certifies that g P g g his or her bid is made without previous u d ding, ent, o ection with any person, firm or corporation making a proposal for the sar m(s) �`� 'ervic is in all respects fair, without outside control, collusion, fraud, or o ise ille r "on." �► 12. RIGHT TO AUDIT FOIA AND 1UR N: I Q a. The City of Fayet rese e ivi uditing a vendor's records as such records relate to purc s etween y a vendor. b. Freedo o I ia mation Act: City r�octs and documents prepared while performing City contractu ork are subject to h A ansas Freedom of Information Act. If a Freedom of Information Act request is 1 to the City of Fayetteville, the (Contractor) will do everything possible to pr idl e documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Iation 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: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 18 of 29 All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: O The bidder must specify in their bid the exact company name andrrther, ac {ress which must be the same as invoices submitted for payment as a result of award of this b��P the successful bidder is responsible for immediately notifying the Purchasing Division of any cfVN namechange, which would cause invoicing to change from the name used at the time of nal bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is it orthy and will q7Jay any interest, fees, or penalty for untimely payments. Payments can b sed th bidder ptance of Visa at no additional costs to the City for expedited pay nt oce� si T e City gree to any nonrefundable deposit or retainer that would remain pr N the r even if rly work actually performed by the bidder would not justify such fee. VNO The City will pay the awarded bidder & on u Zes p n invoicing. Progress payments will be made after approval and accept work �mi6ionqinvoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: '� OW P 10i a. The City ese the right to cancQl& contract without cause by giving thirty (30) days prior notice toontractor in writin f fie intention to cancel or with cause if at any time the Contractor fails to fulfill or ab ny of the terms or conditions specified. b. Failure of the contractor 4 nply 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: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 19 of 29 a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the ndor for all work of this type, which may develop during the contract period. This is not an exclusive c t'` cc The City specifically reserves the right to concurrently contract with other companies for similar, or fit deems such an action to be in the City's best interest. In the case of multiple -term contracts, th��iision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Nayille employees, or ted officials regarding request for proposals, request for qualifications, contrat>4uring t ency of bid protest, by the bidder/proposer/protestor or any member of idder's/ oposer' tor's staff, and agent of the bidder/proposer/protestor, or any person e ed b a al en , a . ated with or representing an organization that is responding to the re r prop eques ualification, bid or contract, or has a pending bid protest is strictly prohib_ d ei her up ertise r on a date established by the City of Fayetteville and shall be prohibited ti Wither a rd is o he protest is finally resolved by the City of Fayetteville; provided, howe01to"addr ng h e allZ hi a prospective/bidder/proposer from contacting the Purchasing Di s ii atioMas clarification and/or questions related to the procurement process. For r ses of visi�ying activities shall include but not be limited to, influencing or attem t i fluence ac *on or o!R-Oon in connection with any request for proposal, request for qualifica 'on, bid or contract thro ect or indirect oral or written communication or an attempt to obtain goo will of persons an4U ntities specified in this provision. Such actions may cause any request for proposal, request for qu Nei, id 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 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 20 of 29 the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: a. 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, insura s ipping, freight, etc., to cover the products and services presented. Sales tax shall not be includedd t e bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be cVred in award of this project. c. Each bidder should state the anticipated number of d s r m 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 •� y an yee ha v al authority to submit bids on behalf of the bidder. The entire cos oparin an providi nses shall be borne by the bidder. ' •' e. The City reserves the right to requ stPdditiormati it eems necessary from any or all bidders after the submission dea '� ► f. The request for bid is not to trued ffer a cdgtract, or a commitment of any kind; nor does it commit the city to pay XN costs i d bybi in preparation. It shall be clearly understood that any costs incurred Prop es o this request for proposal is at the bidder's own risk and expense c of doing b iness. Th y of Fayetteville shall not be liable for reimbursement o t roposer for any e%p so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or servii r han those described in this bid document are proposed, the bidder must include complete de ive 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 (ImcgauBh@fayetteville-ar.Bov). 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. 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 (I_mcgauBh@fayetteville-ar.gov@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, City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 21 of 29 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 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. I. 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 reed that the right of the assignee in and to any monies due or to become due to the successful bidd ia be subject to prior liens of all persons, firms, and corporations for services rendered or mate ria supplied for the performance of the services called for in this contract. �Japplicable 40 m. The successful bidder's attention is directed to the fact h t Federal and State laws, municipal ordinances, and the rules and regulations all uthorities having jurisdiction over the services shall apply to the contract throughout, and the dee d to be include the contract as though written out in full herein. The successful bidd I eep hi e /hersel informed of all laws, ordinances and regulations of the Federal ate nd O ci I gove r r+> c or authorities in any manner affecting those engaged or employed r �ing th vices y way affecting the conduct of the services and of all orders and decr of V. o als ha yjurisdiction or authority over same. If any discrepancy or inconsistenc Id be ered ' ontract Documents or in the specifications herein referred lation j suc la ordinance, regulation, order or decree, s/he shall herewith report the ritin y of Fa evi le. 26. INVOICING: All invoices e pre to t e ►with the minimum information listed below. a. City Dep that ordered the ria s or services b. Order Da c. Delivery date or the date of si � d. Name of the City Employ requested or picked up the goods, materials, or service e. Bid Number that applies Clp,3urclhase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: a. Technical Specifications b. Aerial View of worksite. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 22 of 29 Bid 20-70, Technical Specifications PART 1 GENERAL a. Trapezoidal -rib, snap joint, standing seam metal roof panels, with related metal trim and accessories. b. Replace gutters C. Use R-13, Batt style insulation. 2. REFERENCES a. American Architectural Manufacturer's Association (AAMA): www.aamanet 1) AAMA 621 - Voluntary Specifications for High Performance Org is Coatings on Coil Coated Architectural Hot Dipped Galvanized (HDG) & Zinc -Aluminum Coated Steel SuVs. 2) AAMA 809.2 - Voluntary Specification Non -Drying Seala b. sa C. American Society of Civil Engineers (ASCE): www.asce.org/Q'�Wes- ndards: D' 1) ASCE 7 - Minimum Design Loads for Building • leer Struc V ASTM International (ASTM): www.astm.org: • 1) ASTM A 653 - Specification for S eel Zinc-C S alvaniz or inc-Iron Alloy -Coated (Galvannealed) by the 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) Hot -Dip Process. ASTM A 755 - Specification f S el Sheet, Tlic Co yZhe Hot -Dip Process and Prepainted b the Coil - Coating Process for Exter sed Buil n duct ASTM A 792/A 792M n rd Spe for• t eet, 55 % Aluminum -Zinc Alloy -Coated by the Hot -Dip Process. ASTM A 980 St pecificati for S eel, et arbon, Ultra High Strength Cold Rolled. ASTM C 64 cation for Nons ructurteel raming Members. ASTM C 9 S cification for Elastomer TVSealants. ASTM D 224 - est Method for Cal of Color Differences from Instrumentally Measured Color Coordinates. ASTM D 4214 - Test Methods fo vn Degree of Chalking of Exterior Paint Films. ASTM E 1592 - Standard Tes MettN for Structural Performance of Sheet Metal Roof and Siding Systems by Uniform Static Air Pressure Dif e. ASTM E 1646 - Standard Test Method for Water Penetration of Exterior Metal Roof Panel Systems by Uniform Static Air Pressure Difference. ASTM E 1680 - Standard Test Method for Rate of Air Leakage Through Exterior Metal Roof Panel Systems. ASTM E 1980 - Practice for Calculating Solar Reflectance Index of Horizontal and Low -Sloped Opaque Surfaces. d. Underwriters Laboratories, Inc. (UL): www.ul.com: 1) UL 580 - Tests for Uplift Resistance of Roof Assemblies 3. ADMINISTRATIVE REQUIREMENTS a. Pre -installation Meeting: Prior to erection of framing, conduct pre -installation meeting at site attended by Owner and related trade contractors. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 23 of 29 1) Coordinate building framing in relation to metal panel system. 2) Coordinate openings and penetrations of metal panel system. 3) Coordinate openings and penetrations and manufacturer's accessories with installation of metal panels. QUALITY ASSURANCE a. Manufacturer/Source: Provide metal roof panel assembly and accessories from a single manufacturer providing fixed -base roll forming. Manufacturer Qualifications: Approved manufacturer listed in this Section with minimum five years of experience in the manufacture of similar products in successful use in similar applications. 1) Approval of Comparable Products: Submit the following in accordance with project substitution requirements, within time allowed for substitution review: a) Product data, including certified independent test data indicat`.i Compliance with requirements. b) Samples of each component. o c) Sample submittal from similar project. d) Project references: Minimum of five installationt,notl s than five years old, with Owner contact information. e) Sample warranty. 2) Substitutions following award of contract are not�all 3) Approved manufacturers must meet separat nts bmittals Arti `V C. Installer Qualifications: Experienced Installer h riimum iv ears o nce with successful) completed Y Y P projects of a similar nature and scope is rec� d. ` 1) Installer's Field Supervisor: Exp nce&mecha ising site whenever work is underway. v e S. ACTION SUBMITTALS �1 a. Product Data: Manufactu RV ata sheecifi �ts. b. Drawings, Conditi n D or Factory InstallatiV e: Show layouts of metal panels. Include details of each condition of installation, paneles, and attachment to b" Idii . 1 Indicate points of supporting s •must coordinate with metal panel system installation. P PP g � P Y t 2) Include data indicating compli ce ith performance requirements. 3) Include structural data indicating ompliance with requirements of authorities having jurisdiction. C. Samples for Initial Selection: For each exposed product specified including sealants. Provide representative color charts of manufacturer's full range of colors. d. Samples for Verification: Provide 8" long section of each metal panel profile. Provide color chip verifying color selection. INFORMATIONAL SUBMITTALS a. Product Test Reports: Indicating compliance of products with requirements, witnessed by a professional engineer. b. Qualification Information: For Installer firm and Installer's field supervisor. C. Manufacturer's Warranty: Sample copy of manufacturer's standard warranty. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 24 of 29 CLOSEOUT SUBMITTALS Maintenance data. b. Manufacturer's Warranty: Executed copy of manufacturer's standard warranty. 8. DELIVERY, STORAGE, AND HANDLING Protect products of metal panel system during shipping, handling, and storage to prevent staining, denting, deterioration of components or other damage. Protect panels and trim bundles during shipping. 1) Deliver, unload, store, and erect metal panel system and accessory items without misshaping panels or exposing panels to surface damage from weather or construction operations. 2) Store in accordance with Manufacturer's written instructions. Provide wood collars for stacking and handling in the field. 9. COORDINATION A� a. Coordinate sizes, profiles, and locations of roof curbs and other oo ounted equipment and roof penetrations, based upon sizes of actual selected equipment. A 10. WARRANTY a. Special Manufacturer's Warranty: On manufact er'sandard orm,in whicOUate vturer agrees to repair or replace metal panel assemblies that fail in materials a kmans ��i�ffTone y rof Substantial Completion. k ` b. Special Panel Finish Warranty: If sele 01► Manuf stand in which Manufacturer r p yagrees to repair or replace metal panels that evidence e oration ctory- d ish within 20 years from date of Substantial Completion, including: 1) Fluoropofymer Two- stem• ' a' a Color fa n excess of 6 enter units � M D 2244. p b) Ch ing cess of No. 8 ratingge�M D 4214. c) Fail p adhesion, peeling, chec ng! r cracking. 11. MANUFACTURER CGS Basis of Design Manufacturer: Central States Manufacturing Inc. (CSMI); Lowell, AR (Tel. 800-356-2733); Email: info@centralstatesmfg.com; Web: www.centraistatesmfgcom. 1) Provide basis of design product, or comparable product approved by Owner prior to bid. 12. PERFORMANCE REQUIREMENTS General: Provide metal roof panel system meeting performance requirements as determined by application of specified tests by a qualified testing facility on manufacturer's standard assemblies. b. Structural Performance: Provide metal panel assemblies capable of withstanding the effects of indicated loads and stresses within limits and under conditions indicated: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 25 of 29 1) Wind Loads: Determine loads based on uniform pressure, importance factor, exposure category, and basic wind speed indicated on drawings. a) Wind Uplift Testing: Certify capacity of metal panels by actual testing of proposed assembly per ASTM E 1592. C. Wind Uplift Resistance: Comply with UL 580 for wind -uplift class UL-90 d. Air Infiltration, ASTM E 1680 e. Water Penetration Static Pressure, ASTM E 1646 f. Thermal Movements: Allow for thermal movements from variations in both ambient and internal temperatures. Accommodate movement of support structure caused by thermal expansion and contraction. Allow for deflection and design for thermal stresses caused by temperature differences from one side of the panel to the other. 13. METAL ROOF PANELS O a. Mechanically Seamed Joint, Concealed Fastener, Trapezoidal Seam al Roof Panels: Structural metal roof panel consisting of formed metal sheet with raised trapezoidal ribs at an edges, installed by lapping the edges of adjacent panels and using a mechanical seaming machine, and mechania�r ching panels to supports using concealed clips and fasteners in a weathertight installation. _ (V� 1) Basis of Design: Central States, (Nufacturing Inc. (C I); Central Seam Plus; http://www.centralstatesmfg.com/central-lo ���•jjjj"""" 2) Aluminum -Zinc Alloy -Coated Steel Sheet: �92/A 79 ructural q ity, Grade 50, Coating Class AZ50 (Grade 340, Coating Class AZM150), prep to y the co coa ng proc M A 755/A 755M. a) Nominal Coated Thickness: ` b) Panel Surface: Smooth mi r ribs i rlol;:� c) Exterior Finish: Fluorop two -co m d Color: As selected �rom r r' r ctu e s sqc d colors 3) Panel Width: 24 inc mm 4) Panel Seam Height.[[ i ` 5) Joint Type: e a c Ilyjoined si laps. C� 14. METAL ROOF PANEL ACCESSORIES • �v a. General: Provide complete metal ro pa el assembly incorporating trim, copings, fasciae, gutters and downspouts, and miscellaneous flashings, in manufacture s standard profiles. Provide required fasteners, closure strips, thermal spacers, splice plates, support plates, and sealants as indicated in manufacturer's written instructions. b. Flashing and Trim: 26 gauge SMP painted trims if bare galvalume panels, or 24 gauge Fluropon trim if Fluropon painted panels are selected. C. Panel Clips: Provide panel clip of type specified, at spacing indicated on approved and provided shop drawings. 1) Two-piece Floating: ASTM C 645, with ASTM A 653/A 653M, G90 (Z180) hot -dip galvanized zinc coating, configured for concealment in panel joints, and identical to clips utilized in tests demonstrating compliance with performance requirements. d. Panel Fasteners: Self -tapping screws and other acceptable corrosion -resistant fasteners recommended by roof panel manufacturer. Where exposed fasteners cannot be avoided, supply fasteners with EPDM or neoprene gaskets and heads matching color of metal panels by means of factory -applied coating ("long life" designated fasteners). City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 26 of 29 e. Joint Sealers: Manufacturer's standard or recommended liquid and preformed sealers and tapes, and as follows: 1) Factory -Applied Seam Sealant: Manufacturer's standard hot -melt type. 2) Tape Sealers: Manufacturer's standard non -curing butyl tape, AAMA 809.2. 15. FABRICATION a. General: Provide factory fabricated and finished metal panels and accessories meeting performance requirements, indicated profiles, and structural requirements. b. Fabricate metal panel joints configured to accept factory -applied sealant providing weathertight seal and preventing metal - to -metal contact and minimizing noise resulting from thermal movement. C. Form panels in continuous lengths for full length of detailed runs, except where otherwise indicated on approved shop drawings. d. Sheet Metal Flashing and Trim: Fabricate flashing and trim to comply wi I rri qufacturer's written instructions, approved shop drawings, and project drawings. Form from materials matching me p rraa 'substrate and finish. O' 16. FINISHES a. Finishes, General: Prepare, pretreat, and apply coating/[ xposed metal surfaces comply with coating and resin manufacturers' written instructions. ` b. Fluoropolymer Two -Coat System: 0.2 — 0.3 m pri r with 7 - D.8 mPVDF fluoro of mer color coat, V AAMA 621, meeting solar reflectance index e ents. � P Y 1) Basis of Design: CSMI, Central rd- uropon C. Concealed Finish: 0.5 mil total dr, ickness rig of pn r coat and wash coat of manufacturer's standard light- colored acrylic or polyester bacl� PART 2 EXECUTION P �` O CO 1. EXAMINATIONv a. Examine metal panel system substr e a`supports with Installer present. Inspect for erection tolerances and other conditions that would adverse) affect i allation of metal panel installation. Y 1) Inspect metal panel support substrate to determine if support components are installed as indicated on approved shop drawings. Confirm presence of acceptable supports at recommended spacing to match installation requirements of metal panels. 2) Panel Support Tolerances: Confirm that panel supports are within tolerances acceptable to metal panel system manufacturer but not greater than the following: a) 1/4 inch (6 mm) in 20 foot (6.1 m) in any direction. b) 3/8 inch (9 mm) over any single roof plane. b. Correct out -of -tolerance work and other deficient conditions prior to proceeding with insulated metal roof panel system installation. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 27 of 29 PREPARATION a. Miscellaneous Supports: Install subframing, girts, furring, and other miscellaneous panel support members according to ASTM C 754. b. Flashings: Provide flashings as required to complete metal roof panel system. Install in accordance with Section 07 62 00 "Sheet Metal Flashing and Trim" and approved drawings. 3. METAL PANEL INSTALLATION a. Snap -Joint, Trapezoidal Standing Seam Metal Roof Panels: Install weathertight metal panel system in accordance with manufacturer's written instructions, approved shop drawings, and project drawings. Install metal roof panels in orientation, sizes, and locations indicated, free of waves, warps, buckles, fastening stresses, and distortions. Anchor panels and other components securely in place. Provide for thermal and structural movement. b. Attach panels to supports using clips, screws, fasteners, and sealants recommended by manufacturer and indicated on approved shop drawings. 1) Fasten metal panels to supports with concealed clips at ea to tlpn indicated on approved shop drawings, with spacing and fasteners recommended by manufacturer. 2) Snap Joint: Nest standing seams and fasten togethe� rlocking and completely engaging factory -applied sealant. 3) Provide weatherproof jacks for pipe and conduit pe ting metal panels of type ecommended by manufacturer. 4) Dissimilar Materials: Where elements of me ste I come into c with dissimilar materials, treat k - faces and edges in contact with dissimilar mVas recomAll by ma gfaurer. ACCESSORY INSTALLATION O ` a. General: Install metal panel trim, fla M nd acc Pusin 0 ended fasteners and joint sealers, with positive anchorage to building, and with ht Pro for thermal expansion. Coordinate installation with g g, g g P flashings and other compone t� 1) Install component e fired for lete �anel assembly, including trim, copings, flashings, sealants, closure strip a d lar items. 2) Comply th ils of assemblies �i to establish compliance with performance requirements and manufactu ritten installation instr do 3) Provide concealed fasteners except i oted on approved drawings. 4) Set units true to line and levs�,,',,,`ra d. Install work with laps, joints, and seams that will be permanently weather resistant. V Joint Sealers: Install joint sealers where indicated and where required for weathertight performance of metal panel assemblies, in accordance with manufacturer's written instructions. 1) Prepare joints and apply sealants per requirements of Division 07 Section "Joint Sealants." CLEANING AND PROTECTION Remove temporary protective films immediately in accordance with metal roof panel manufacturer's instructions. Clean finished surfaces as recommended by metal roof panel manufacturer. b. Replace damaged panels and accessories that cannot be repaired to the satisfaction of the Owner. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 28 of 29 END OF SECTION _3 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 29 of 29 Contract for Bid 20-70 Appendix B Bid Submittal — TF Thompson Roofing CITY OF .' FAYETTEVILLE ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting 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. F- 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. F1All 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. r—i All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents aAll 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: ARKANSAS CONTRACTORS LICENSE NUMBER:y�7j City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 2 of 29 City of Fayetteville Bid 20-69, Construction - Fabric Storage Building Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 20-70, Construction — Facilities Shop Roof Replacement The City of Fayetteville is accepting bids from properly licensed and authorized firms for the materials, delivery, remove and dispose of old, and installation of a new roof on the Facilities Division Shop building. Questions should be addressed to Les McGaugh, Purchasing Agent at Imcgaugh@fayetteville-ar.gov or by calling (479) 575-8220. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville-ar.gov/bids. All bids shall be received by Thursday August 27, 2020 before 2:00 PM, local time utilizing the electronic bidding software, OR by submitting a sealed bid at the City of Fayetteville, Purchasing Division address listed below. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.voutube.com/user/cityoffavettevi Ilea r. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 A non -mandatory Pre -Bid meeting will be held Thursday August 13, 2020 at 10:00 AM onsite. Information regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. Each bid shall be 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 bidders and license shall be valid at the time of bid deadline. in an effort to understand hardships our vendors and suppliers are facing in relation to the current COVID-19 situation, the Purchasing Division will take feedback from plan holders and interested parties to understand the current impact to vendors operations. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty (60) days from the bid opening date. City of Fayetteville By: Les McGaugh, Sr. Purchasing Agent P: 479.575.8220 Email: Imcgaugh fayetteville-ar gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 08.02.2020 and 08.09.2020 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 3 of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement Bid Form Days to Final Completion: 20 Days from Receipt of PO F.O.B. 109 W. Rock St., Fayetteville, AR 72701 Bid Form is available on Bonfire. 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. THIS BID FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 4 of 29 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. 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 cancellati n of a purchase and/or contract as a result of your response. 1.j NO KNOWN RELATIONSHIP EXISTS 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. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 9. 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. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 5 of 29 b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or vauntarily 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: ''M— Purchhas� O der/Payments shal be *D/B/A or Corporation Name � 1, �, Qn}n {fig to this name *BUSINESS ADDRESS: �`16 L C *CITY: *STATE: *ZIP: —1)" *PHONE: I l ! O �� I FAX: �l I 4- *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: UI06 DUNS NUMBER: l �5 1�� ~� CAGE NUMBER:.. *TAX ID NUMBER: Acknowledge Addendums: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 6 of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement 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 Gayetteville as distinct from a sub -bidder, which submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as hereinafter provided) makes an award. PART TWO - COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. City of Fayetteville assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 City of Fayetteville in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. PART THREE - EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the 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. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 7 of 29 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 owner 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 by City of Fayetteville's of such Underground Facilities or others, and City of Fayetteville 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 owner written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by owner are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the Contract Documents. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 8 of 29 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 proposec Contract Documents, he shoulc submit a written request for interpretation thereof to the owner not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt celivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Adcendum 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 callec for in the Specifications or indicated on the Drawings. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required and has reviewed the Drawings and Specifications to verify the full scope of the Work. PART EIGHT - BID FORM 8.1 Bids are due as indicated in the Advertisement for Bids. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 9 of 29 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 celiver 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 20-70, Construction - Facilities Shop Roof Replacement Page 10 of 29 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. !f 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 Bic 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 date of the Bonds and 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 Boncs 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 20-70, Construction - Facilities Shop Roof Replacement Page 11 of 29 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 may be 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 anc 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 owner'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 20-70, Construction - Facilities Shop Roof Replacement Page 12 of 29 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 20-70, Construction - Facilities Shop Roof Replacement Page 13 of 29 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 Boncs approved. PART TWENTY-THREE - RETAINAGE 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. PART TWENTY-FOUR - SIGNING OF AGREEMENT 24.1 When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to City of Fayetteville with the required Boncs & 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 subjectec 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 20-70, Construction - Facilities Shop Roof Replacement Page 14 of 29 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 20-70, Constructior - Facilities Shop Roof Replacement Page 1S of 29 City of Fayetteville Bid 20-70, Construction - Facilities Shop Roof Replacement General Terms and Conditions I. 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 may be submitted electronically on the City's Electronic bidding Platform, Bonfire, by going to www.tayetteville-ar-gov/bids the City is not responsible for failure of bidders technical equipment. d. Bids submitted physical 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 acka in as well as on any packages enclosed in shi in containers or boxes. e. 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 r(or to opening time and date listed on the bid form. f. Bidders shall have experience in providing products and/or services of the same or similar nature. g. 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. h. 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. i. 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 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 16 of 29 approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 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 requirec 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". All bidcers 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. 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 ensure receipt of their submittal cocuments prior to opening time and date listed. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 17 of 29 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. 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 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: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 18 of 29 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. 1S. 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 AC UISITIONS AND OR MERGERS: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 19 of 29 The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. 4 a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. in the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, curing 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 amencment 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 City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 20 of 29 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 coplete response. Any modifications or alterations to the original documents by the bidder, whether intentiomnal or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: 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 shall 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 (ImcgaughPfayetteville-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, City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Dage 21 of 29 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 to submit proposals meeting minimum specifications and/or test recuirements, 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 overthe 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. 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. Technical Specifications b. Aerial View of worksite. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 22 of 29 Bid 20-70, Technical Specifications PART 1 GENERAL a. Trapezoidal -rib, snap joint, standing seam metal roof panels, with related metal trim and accessories. b. Replace gutters C. Use R-13, Batt style insulation. 2. REFERENCES a. American Architectural Manufacturer's Association (AAMA): www.aamanet.org: 1) AAMA 621 - Voluntary Specifications for High Performance Organic Coatings on Coil Coated Architectural Hot Dipped Galvanized (HDG) & Zinc -Aluminum Coated Steel Substrates. 2) AAMA 809.2 - Voluntary Specification Non -Drying Sealants. b. American Society of Civil Engineers (ASCE): www.asce.org/codes-standards: 1) ASCE 7 - Minimum Design Loads for Buildings and Other Structures. C. ASTM International (ASTM): www.astm.ora: 1) ASTM A 653 - Specification for Steel Sheet, Zinc -Coated (Galvanized) or Zinc -Iron Alloy -Coated (Galvannealed) by the Hot -Dip Process. 2) ASTM A 755 - Specification for Steel Sheet, Metallic Coated by the Hot -Dip Process and Prepainted by the Coil - Coating Process for Exterior Exposed Building Products. 3) ASTM A 792/A 792M - Standard Specification for Steel Sheet, 55 % Aluminum -Zinc Alloy -Coated by the Hot -Dip Process. 4) ASTM A 980 - Standard Specification for Steel, Sheet, Carbon, Ultra High Strength Cold Rolled. 5) ASTM C 645 - Specification for Nonstructural Steel Framing Members. 6) ASTM C 920 - Specification for Elastomeric Joint Sealants. 7) ASTM D 2244 - Test Method for Calculation of Color Differences from Instrumentally Measured Color Coordinates. 8) ASTM D 4214 -Test Methods for Evaluating Degree of Chalking of Exterior Paint Films. 9) ASTM E 1592 - Standard Test Method for Structural Performance of Sheet Metal Roof and Siding Systems by Uniform Static Air Pressure Difference. 10) ASTM E 1646 - Standard Test Method for Water Penetration of Exterior Metal Roof Panel Systems by Uniform Static Air Pressure Difference. 11) ASTM E 1680 - Standard Test Method for Rate of Air Leakage Through Exterior Metal Roof Panel Systems. 12) ASTM E 1980 - Practice for Calculating Solar Reflectance Index of Horizontal and Low -Sloped Opaque Surfaces. Underwriters Laboratories, Inc. (UL): www.ul.com: 1) UL S80 - Tests for Uplift Resistance of Roof Assemblies 3. ADMINISTRATIVE REQUIREMENTS a. Pre -installation Meeting: Prior to erection of framing, conduct pre -installation meeting at site attended by Owner and related trade contractors. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 23 of 29 1) Coordinate building framing in relation to metal panel system. 2) Coordinate openings and penetrations of metal panel system. 3) Coordinate openings and penetrations and manufacturer's accessories with installation of metal panels. 4. QUALITY ASSURANCE a. Manufacturer/Source: Provide metal roof panel assembly and accessories from a single manufacturer providing fixed -base roll forming. b. Manufacturer Qualifications: Approved manufacturer listed in this Section with minimum five years of experience in the manufacture of similar products in successful use in similar applications. 1) Approval of Comparable Products: Submit the following in accordance with project substitution requirements, within time allowed for substitution review: a) Product data, including certified independent test data indicating compliance with requirements. b) Samples of each component. c) Sample submittal from similar project. d) Project references: Minimum of five installations not less than five years old, with Owner contact information. e) Sample warranty. 2) Substitutions following award of contract are not allowed. 3) Approved manufacturers must meet separate requirements of Submittals Article. C. Installer Qualifications: Experienced Installer with minimum of five years of experience with successfully completed projects of a similar nature and scope is recommended. 1) Installer's Field Supervisor: Experienced mechanic supervising work on site whenever work is underway. 5. ACTION SUBMITTALS a. Product Data: Manufacturer's data sheets for specified products. b. Drawings, Condition Details or Factory Installation Guide: Show layouts of metal panels. Include details of each condition of installation, panel profiles, and attachment to building. 1) Indicate points of supporting structure that must coordinate with metal panel system installation. 2) Include data indicating compliance with performance requirements. 3) Include structural data indicating compliance with requirements of authorities having jurisdiction. C. Samples for Initial Selection: For each exposed product specified including sealants. Provide representative color charts of manufacturer's full range of colors. d. Samples for Verification: Provide 4" long section of each metal panel profile. Provide color chip verifying color selection. 6. INFORMATIONAL SUBMITTALS a. Product Test Reports: Indicating compliance of products with requirements, witnessed by a professional engineer. b. Qualification Information: For Installer firm and Installer's field supervisor. C. Manufacturer's Warranty: Sample copy of manufacturer's standard warranty. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 24 of 29 7. CLOSEOUT SUBMITTALS a. Maintenance data. b. Manufacturer's Warranty: Executed copy of manufacturer's standard warranty. 8. DELIVERY, STORAGE, AND HANDLING a. Protect products of metal panel system during shipping, handling, and storage to prevent staining, denting, deterioration of components or other damage. Protect panels and trim bundles during shipping. 1) Deliver, unload, store, and erect metal panel system and accessory items without misshaping panels or exposing panels to surface damage from weather or construction operations. 2) Store in accordance with Manufacturer's written instructions. Provide wood collars for stacking and handling in the field. 9. COORDINATION a. Coordinate sizes, profiles, and locations of roof curbs and other roof -mounted equipment and roof penetrations, based upon sizes of actual selected equipment. 10. WARRANTY a. Special Manufacturer's Warranty: On manufacturer's standard form, in which manufacturer agrees to repair or replace metal panel assemblies that fail in materials and workmanship within one year from date of Substantial Completion. b. Special Panel Finish Warranty: If selected; On Manufacturer's standard form, in which Manufacturer agrees to repair or replace metal panels that evidence deterioration of factory -applied finish within 20 years from date of Substantial Completion, including: 1) Fluoropolymer Two- Coat System: a) Color fading in excess of 6 Hunter units per ASTM D 2244. b) Chalking in excess of No. 8 rating per ASTM D 4214. c) Failure of adhesion, peeling, checking, or cracking. ll. MANUFACTURER a. Basis of Design Manufacturer: Central States Manufacturing Inc. (CSMI); Lowell, AR (Tel. 800-356-2733); Email: info@centralsta;esmfg.com Web: www.centralstatesmfe.com. 1) Provide basis of design product, or comparable product approved by Owner prior to bid. 12. PERFORMANCE REQUIREMENTS a. General: Provide metal roof panel system meeting performance requirements as determined by application of specified tests by a qualified testing facility on manufacturer's standard assemblies. b. Structural Performance: Provide metal panel assemblies capable of withstanding the effects of indicated loads and stresses within limits and under conditions indicated: City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 25 of 29 1) Wind Loads: Determine loads based on uniform pressure, importance factor, exposure category, and basic wind speed indicated on drawings. a) Wind Uplift Testing: Certify capacity of metal panels by actual testing of proposed assembly per ASTM E 1592. C. Wind Uplift Resistance: Comply with UL 580 for wind -uplift class UL-90 d. Air Infiltration, ASTM E 1680 e. Water Penetration Static Pressure, ASTM E 1646 f. Thermal Movements: Allow for thermal movements from variations in both ambient and internal temperatures. Accommodate movement of support structure caused by thermal expansion and contraction. Allow for deflection and design for thermal stresses caused by temperature differences from one side of the panel to the other. 13. METAL ROOF PANELS a. Mechanically Seamed Joint, Concealed Fastener, Trapezoidal Seam Metal Roof Panels: Structural metal roof panel consisting of formed metal sheet with raised trapezoidal ribs at panel edges, installed by lapping the edges of adjacent panels and using a mechanical seaming machine, and mechanically attaching panels to supports using concealed dips and fasteners in a weathertight installation. 1) Basis of Design: Central States Manufacturing Inc. (CSMI); Central Seam Plus; http://www.centralstatesmfg-com/central-loc/ 2) Aluminum -Zinc Alloy -Coated Steel Sheet: ASTM A 792/A 792M, structural quality, Grade 50, Coating Class AZ50 (Grade 340, Coating Class AZM150). pre -painted by the coil -coating process per ASTM A 755/A 755M. a) Nominal Coated Thickness: 24 gauge b) Panel Surface: Smooth with minor ribs in pan c) Exterior Finish: Fluoropolymer two -coat system d) Color: As selected by Owner from manufacturer's standard colors 3) Panel Width: 24 inches (610 mm) 4) Panel Seam Height: 3 inch 5) Joint Type: Mechanically joined side laps. 14. METAL ROOF PANEL ACCESSORIES a. General: Provide complete metal roof panel assembly incorporating trim, copings, fasciae, gutters and downspouts, and miscellaneous flashings, in manufacturer's standard profiles. Provide required fasteners, closure strips, thermal spacers, splice plates, support plates, and sealants as indicated in manufacturer's written instructions. b. Flashing and Trim: 26 gauge SMP painted trims if bare galvalume panels, or 24 gauge Fluropon trim if Fluropon painted panels are selected. C. Panel Clips: Provide panel clip of type specified, at spacing indicated on approved and provided shop drawings. 1) Two-piece Floating: ASTM C 645, with ASTM A 653/A 653M, G90 (Z180) hot -dip galvanized zinc coating, configured for concealment in panel joints, and identical to clips utilized in tests demonstrating compliance with performance requirements. d. Panel Fasteners: Self -tapping screws and other acceptable corrosion -resistant fasteners recommended by roof panel manufacturer. Where exposed fasteners cannot be avoided, supply fasteners with EPDM or neoprene gaskets and heads matching color of metal panels by means of factory -applied coating ("long life" designated fasteners). City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 26 of 29 Joint Sealers: Manufacturer's standard or recommended liquid and preformed sealers and tapes, and as follows: 1) Factory -Applied Seam Sealant: Manufacturer's standard hot -melt type. 2) Tape Sealers: Manufacturer's standard non -curing butyl tape, AAMA 809.2. 15. FABRICATION a. General: Provide factory fabricated and finished metal panels and accessories meeting performance requirements, indicated profiles, and structural requirements. b. Fabricate metal panel joints configured to accept factory -applied sealant providing weathertight seal and preventing metal - to -metal contact and minimizing noise resulting from thermal movement. C. Form panels in continuous lengths for full length of detailed runs, except where otherwise indicated on approved shop drawings. d. Sheet Metal Flashing and Trim: Fabricate flashing and trim to comply with manufacturer's written instructions, approved shop drawings, and project drawings. Form from materials matching metal panel substrate and finish. 16. FINISHES a. Finishes, General: Prepare, pretreat, and apply coating to exposed metal surfaces to comply with coating and resin manufacturers' written instructions. b. Fluoropolymer Two -Coat System: 0.2 — 0.3 mil primer with 0.7 - 0.8 mil 70 percent PVDF fluoropolymer color coat, AAMA 621, meeting solar reflectance index requirements. 1) Basis of Design: CSMI, Central Guard - Fluropon Concealed Finish: 0.5 mil total dry film thickness :onsisting of primer coat and wash coat of manufacturer's standard light- colored acrylic or polyester backer finish. PART 2 EXECUTION EXAMINATION Examine metal panel system substrate and supports with Installer present. Inspect for erection tolerances and other conditions that would adversely affect installation of metal panel installation. 1) Inspect metal panel support substrate to determine if support components are installed as indicated on approved shop drawings. Confirm presence of acceptable supports at recommended spacing to match installation requirements of metal panels. 2) Panel Support Tolerances: Confirm that panel supports are within tolerances acceptable to metal panel system manufacturer but not greater than the following: a) 1/4 inch (6 mm) in 20 foot (6.1 m) in any direction. b) 3/8 inch (9 mm) over any single roof plane. b. Correct out -of -tolerance work and other deficient conditions prior to proceeding with insulated metal roof panel system installation. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 27 of 29 2. PREPARATION a. Miscellaneous Supports: Install subframing, girts, furring, and other miscellaneous panel support members according to ASTM C 754. b. Flashings: Provide flashings as required to complete metal roof panel system. Install in accordance with Section 07 62 00 "Sheet Metal Flashing and Trim" and approved drawings. 3. METAL PANEL INSTALLATION a. Snap -Joint, Trapezoidal Standing Seam Metal Roof Panels: Install weathertight metal panel system in accordance with manufacturer's written instructions, approved shop drawings, and project drawings. Install metal roof panels in orientation, sizes, and locations indicated, free of waves, warps, buckles, fastening stresses, and distortions. Anchor panels and other components securely in place. Provide for thermal and structural movement. b. Attach panels to supports using clips, screws, fasteners, and sealants recommended by manufacturer and indicated on approved shop drawings. 1) Fasten metal panels to supports with concealed clips at each location indicated on approved shop drawings, with spacing and fasteners recommended by manufacturer. 2) Snap Joint: Nest standing seams and fasten together by interlocking and completely engaging factory -applied sealant. 3) Provide weatherproof jacks for pipe and conduit penetrating metal panels of types recommended by manufacturer. 4) Dissimilar Materials: Where elements of metal panel system will come into contact with dissimilar materials, treat faces and edges in contact with dissimilar materials as recommended by manufacturer. 4. ACCESSORY INSTALLATION General: Install metal panel trim, flashing, and accessories using recommended fasteners and joint sealers, with positive anchorage to building, and with weather tight mounting. Provide for thermal expansion. Coordinate installation with flashings and other components. 1) Install components required for a complete metal panel assembly, including trim, copings, flashings, sealants, closure strips, and similar items. 2) Comply with details of assemblies utilized to establish compliance with performance requirements and manufacturer's written installation instructions. 3) Provide concealed fasteners except where noted on approved drawings. 4) Set units true to line and level as indicated. Install work with laps, joints, and seams that will be permanently weather resistant. b. Joint Sealers: Install joint sealers where indicated and where required for weathertight performance of metal panel assemblies, in accordance with manufacturer's written instructions. 1) Prepare joints and apply sealants per requirements of Division 07 Section "Joint Sealants." 5. CLEANING AND PROTECTION a. Remove temporary protective films immediately in accordance with metal roof panel manufacturer's instructions. Clean finished surfaces as recommended by metal roof panel manufacturer. b. Replace damaged panels and accessories that cannot be repaired to the satisfaction of the Owner. City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 28 of 29 END OF SECTION LI w hock S City of Fayetteville, AR Bid 20-70, Construction - Facilities Shop Roof Replacement Page 29 of 29 XgEST BANK Branch M: 161 Remitter: Terra Firma Restorations Pay Two Thousand Ninety One Dollars and 00/100 To City of Fayetteville, AR The Order Of Memo Branch N: 161 BANK Remitter: Terra Firma Restorations Pay Two Thousand Ninety One Dollars and 00/100 To City of Fayetteville. AR Th. Order Of Memo: a•L6>.0006757u' t:082900872�: DATE 08/27/2020 Cashlers Check Check 0: 1610006757 Remitter. Terra Firma Restorations Payee: City of Fayetteville. AR Amount: $2.091.00 Fee: $0.00 DESCRIPTION CUSTOMER COPY No:1610006757 DATE: 08127/2020 e1e7le29 *******'*$2,091.00 CASHIER'S CHECK NOT NEGOTIABLE No:1610006757 DATE:08127/2020 eiarre» — 8 ********$2,091.00 a C ER' ECK 100 101.5911, Total. AMOUNT $2,091.00 Scanned with CamScanner 8/27/2020 Proposal Data Back to Project Bid 20-70, Construction - Facilities Shop Roof Replacement - Proposal Data Show/Hide —4 Search Supplier Arkansas AR Secretary of Pursuant Arkansas Code Annotated §25-1-503, the Con Contractor's State Filing # currently boycott Israel and will not boycott Israel durin License while in contract, with any public entity as defined in §2 contractor decides to boycott Israel, the contractor mut T.F. Thompson Roofing 0286900320 811000660 Yes Scorecard Open... Q Help https://fayetteville-ar.bonfirehub.com/projects/30172/proposaiData 1 /1 Item Number Item Bid 1 .• #1-1 Bonding and Insuran #1-2 Roof Replacement (F #1-3 Roof Decking (unit cc Quantity Requir Unit of Measurc Unit Price 1 Lump Sum 1 LS 5 EA 820 41000 0 Contract for Bid 20-70 Appendix C Recommendation for Award CITY OF FAYETTEVILLE ARKANSAS Bid Tabulation Bid 20-70, Construction - Facilities Shop Roof Replacement Deadline: Thursday August 27, 2020 before 2:00 PM, local time Certification of Funds - S_ss.nnn nn Certification of Funds +25% (Max Allowed Award) : $68,750.00 T.F. Thompson Roofing Total Cost $41,820.00 Quantity Unit Unit Total # Items of Required Price Cost Measure #1-1 Bonding and Insurance 1 Lump Sum $820 $820 Roof Replacement (Purchase and delivery of materials, tear off and disposal of old #1-2 1 LS $41,000.00 $41,000.00 roof, and installation of new roof and gutters) Roof Decking (unit cost to replace 4'x'8' #1-3 decking, as needed) None Expected S EA $0 $0 FAYETTEVILLE AQKARI A glCA K YA S Bid 20-70, Construction - Facilities Shop Roof Replacement Project Overview Project Details Reference ID Bid 20-70, Construction - Facilities Shop Roof Replacement Project Name Bid 20-70, Construction - Facilities Shop Roof Replacement Project Owner Andrea Foren Project Type ITB Department Purchasing Certification of $55,000.00 Funds Project Description Bid 20-69, Construction - Head Start Roof Replacement Open Date Aug 02, 2020 12:00 AM CDT Close Date Aug 27, 2020 2:00 PM CDT Highest Scoring Supplier T.F. Thompson Roofing Score 100 pts .W ABKAK EYILL! SYKAKIAi Seal status Requested Information Unsealed on Unsealed by City's Required Forms Aug 27, 2020 2:01 PM CDT Les McGaugh Bid Bond Aug 27, 2020 2:01 PM CDT Les McGaugh Arkansas Contractor's License Aug 27, 2020 2:01 PM CDT Les McGaugh AR Secretary of State Filing # Aug 27, 2020 2:01 PM CDT Les McGaugh Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or Aug 27, 2020 2:01 PM CDT Les McGaugh while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Bid 20-70, Bid Form (BT-03LN) Aug 27, 2020 2:01 PM CDT Les McGaugh C:[ OI' FAYETTEVILLE ARKAW A$KAKiA1 Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: " has direct or indirect financial interest in the award of the contract to any proponent; " is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, " has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Les McGaugh Aug 27, 2020 2:03 PM CDT No cure ac ARKANTiY1LLi FAYE IAf Submissions Supplier Date Submitted Name Email Confirmation Code T.F. Thompson Roofing Aug 27, 2CDT11:59 AM Tyler Kerley tyler.kerley@tfthompson.com OTY4Mjl= CITY OF .� ARKANS VILLA ♦AYET® T Scoring Summary Active Submissions Total Total Base Bid Price Within Certified Funds Supplier / 100 pts / 100 pts Pass/Fail T.F. Thompson Roofing 100 pts 100 pts ($41,820.00) Pass c — pr .� ! R"10 Ta YILLa Aaunluwa Signatures Name Andrea Foren (Project Owner) Les McGaugh (Evaluator) Andrea Foren Signatures Digitally signed by Andrea Foren Date: 2020.10.14 11:41:32 -05'00' Digitally signed by Les McGaugh Les M c G a u g Date: 2020.10.14 11:40:11-05'00'