HomeMy WebLinkAbout54-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 54-21
File Number: 2021-0036
BID #21-20 ELECTRICAL RESOURCES, INC.:
A RESOLUTION TO AWARD BID #21-20 AND AUTHORIZE A CONTRACT WITH
ELECTRICAL RESOURCES, INC. IN THE AMOUNT OF $87,920.84 FOR THE
INSTALLATION OF NIGHT SKY FRIENDLY LED LIGHTING AT THE GRINDERS
SKATEPARK IN WALKER PARK, AND TO APPROVE A PROJECT CONTINGENCY IN
THE AMOUNT OF $4,579.16
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 #21-20 and
authorizes Mayor Jordan to sign a contract with Electrical Resources, Inc. in the amount of
$87,920.84 for the installation of night sky friendly LED lighting at the Grinders Skatepark in Walker
Park, and further approves a project contingency in the amount of $4,579.16.
PASSED and APPROVED on 2/2/2021
Attest:
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Kara Paxton, City Clerk Treasurer; LLF: ;
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Page 1 Printed on 213121
City of Fayetteville Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
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Text File
File Number: 2021-0036
Agenda Date: 2/2/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C.10
BID #21-20 ELECTRICAL RESOURCES, INC.:
A RESOLUTION TO AWARD BID #21-20 AND AUTHORIZE A CONTRACT WITH ELECTRICAL
RESOURCES, INC. IN THE AMOUNT OF $87,920.84 FOR THE INSTALLATION OF NIGHT SKY
FRIENDLY LED LIGHTING AT THE GRINDERS SKATEPARK IN WALKER PARK, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $4,579.16
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 #21-20 and
authorizes Mayor Jordan to sign a contract with Electrical Resources, Inc. in the amount of $87,920.84 for the
installation of night sky friendly LED lighting at the Grinders Skatepark in Walker Park, and further approves a
project contingency in the amount of $4,579.16.
City of Fayetteville, Arkansas Page 1 Printed on 21312021
City of Fayetteville Staff Review Form
2021-0036
Legistar File ID
2/2/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Ted Jack 1/14/2021 PARKS & RECREATION (520)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a contract with Electrical Resources Inc for installation of night sky friendly LED lighting at the
Grinders Skatepark in Walker Park for $87,920.84 with a project contingency of $4,579.16 for a total cost of
$92,500.
Budget Impact:
2250.520.9255-5806.00
Account Number
Parks Develoment
Fund
13001.2001
Walker Park Skateboard Park Lights
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 98,000.00
Funds Obligated
$ 4,500.00
Current Balance
$ 93,500.00
Does item have a cost? Yes
Item Cost
$ 87,920.84
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget $ 5,579.16
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
QCITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 2, 2021
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Ted Jack, Park Planning Superintendent
DATE: January 14, 2021
SUBJECT: Approval of a contract with Electrical Resources Inc installation of night sky friendly
LED lighting at the Grinders Skatepark in Walker Park for $87,920.84 and a project
contingency of $4,579.16 for a total cost of $92,500.
RECOMMENDATION:
Approval of a contract with Electrical Resources Inc installation of night sky friendly LED
lighting at the Grinders Skatepark in Walker Park for $87,920.84 with a project contingency of
$4,579.16 for a total cost of $92,500.
BACKGROUND:
The popular skateboard park has been used primarily by area youth who have frequently
requested lighting. This contract will install the lighting which will be turned on by push button
and turned off by timer.
DISCUSSION:
Engineering Elements PLLC, of Fayetteville, was the design consultant for this project, selected
from RFQ 20-01, Selection #16. The project bid was within the initial staff estimates.
BUDGET/STAFF IMPACT:
Total project funding for this project in the CIP was $98,000. The construction bid and all other
costs have come in within budget allowing for the $4,579.16 contingency. The LED lighting will
cause a minor increase to electrical usage at Walker Park.
Attachments:
Staff Review Form
Electrical Resources, Inc. Contract/Bid Documents
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
l CITY OF
FAYETTEVILLE
ARKANSAS
Contract for Services
Bid 21-20, Construction —Walker Skate Park Lighting
Contractor/Vendor: Electrical Resources, Inc.
Term: Single Project
THIS AGREEMENT is made this �_ day of 2021, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter 961led CITY OF FAYETTEVILLE or CITY) and Electrical
Resources, Inc. (Vendor or Electrical Resources), and
CITY OF FAYETTEVILLE from time to time requires professional construction services in connection with construction
projects. Therefore, CITY OF FAYETTEVILLE and Electrical Resources in consideration of their mutual covenants agree as
follows:
Work performed by Electrical Resources shall be performed under valid, active, current license with the Arkansas
Contractor's Licensing Board. Electrical Resources shall follow all federal, state, and local laws at all times.
1. Contracted parties and relationship:
a. This agreement shall be binding between all parties. Fees shall be provided as identified in appendices.
i. Electrical Resources Tax identification number (TIN) ending in 8145
ii. Electrical Resources Arkansas Contractor License No. OOS778OS21
iii. Electrical Resources Secretary of State Filing No. 100130181
b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally
responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation
among all Project participants.
2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the
parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions,
representations or warranties with respect to the subject matter of this Agreement other than those as expressly
provided herein.
a. Appendices included under this agreement include the following:
Appendix A: Bid package identified as Bid 21-20 Construction — Walker Skate Park Lighting with
the specifications and conditions typed thereon inclusive of all bidding documents, plans and
drawings and issued addenda,
ii. Appendix B: Electrical Resources bid submittal
iii. Appendix C: Bid 21-20 Recommendation for Award, inclusive of the bid tabulation
iv. Appendix D: Electrical Resources Certificate of Insurance
v. Appendix E: Electrical Resources 100% Performance and Payment Bonds
1. Appendix D and E shall be submitted to the City within the timeframe identified in the bid
documents or 10 (ten) calendar days.
b. This agreement may be modified only by a duly executed written instrument signed by the CITY and
Electrical Resources.
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page 1 of 21
Last Revised 01.13.2021
c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract
Documents, the documents shall govern in the following order: (a) Change Orders and written
amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) Electrical
Resources bid submittal (d) City's published bid and associated Addenda.
3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the
following addresses:
a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701
b. Vendor: Electrical Resources, Inc., 278 N Vaughn Rd., Centerton, AR 72719
4. General Provisions:
i. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly
disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall
not pay or receive any contingent fees or gratuities to or from any other party, including agents,
officer's employers, Subcontractors, Subsubcontractors, Suppliers, Volunteers, Elected Officials,
or Others to secure preferential treatment.
ii. Workmanship: The Work shall be executed in accordance with the Contract Documents in a
workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to
facilitate the proper and expeditious execution of the Work and shall be new except as otherwise
provided in the Contract Documents.
iii. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or
equipment furnished by City or Others, it shall be the responsibility of the vendor to examine the
items so provided and thereupon handle, store, and install the items, unless otherwise provided
in the Contract Documents, with such skill and care as to provide a satisfactory and proper
installation. Loss or damage due to acts or omissions of the vendor shall be the responsibility of
vendor and may be deducted from any amounts due or to become due. Any defects discovered
in such materials or equipment shall be reported at once to the City and the City's contracted
third -party Design Professional. Following receipt of written notice from vendor of defects, City
and Design Professional shall promptly inform the City what action, if any, vendor shall take with
regard to the defects.
iv. WORKSITE VISIT: Vendor acknowledges that it has visited, or has had the opportunity to visit, the
Worksite to visually inspect the general and local conditions which could affect the Work.
v. Vendor shall perform all duties and responsibilities necessary to coordinate the various parts of
the Work and to prepare its Work for the work of City or Others.
1. Cutting, patching, or altering the work of City or Others shall be done with the prior
written approval of City and Design Professional. Such approval shall not be unreasonably
withheld.
vi. COMPLIANCE WITH LAWS: Vendor shall comply with all the Law at its own cost. Vendor shall be
liable to City for all loss, cost, or expense attributable to any acts or omissions by Vendor its
employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines,
penalties, or corrective measures.
vii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss
attributable to the acts or omissions of City or Others and not to Vendor, City may either (a)
promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page 2 of 21
Last Revised 01.13.2021
the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Vendor incurs
costs or is delayed due to such loss or damage, Vendor may seek an equitable adjustment in the
Cost of the Work, Date of Substantial Completion or Date of Final Completion. Any equitable
adjustment shall be approved by all parties.
viii. Taxes and Permits: Vendor shall give public authorities all notices required by law and shall obtain
and pay for all necessary permits, licenses, and renewals pertaining to the Work. Vendor shall
provide to City copies of all notices, permits, licenses, and renewals required under this
Agreement.
1. Vendor shall pay applicable taxes and permit fees associated with the entire project.
ix. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates,
and refunds, and all returns from sale of surplus materials and equipment, shall be credited to
the Cost of the Work, or directly to the City after final payment.
Y. City may occupy or use completed or partially completed portions of the Work when (a) the
portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate
insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or
use. Vendor shall not unreasonably withhold consent to partial occupancy or use.
xi. JOINT DRAFTING: All Parties expressly agree that this Agreement was jointly drafted, and that
both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing
its terms before execution. Therefore, this Agreement shall be construed neither against nor in
favor of either Party but shall be construed in a neutral manner.
xii. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive
benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire
and integrated agreement between the Parties, and supersedes all prior negotiations,
representations, or agreements, either written or oral. This Agreement and each and every
provision is for the exclusive benefit of all Parties and not for the benefit of any third party.
xiii. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this
Agreement without the written consent of the other Party. The terms and conditions of this
Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal
representatives. No Party shall assign the Agreement without written consent of the other.
xiv. Where figures are given, they shall be preferred to scaled dimensions.
xv. The drawings and specifications are complementary. If Work is shown only on one but not on the
other, Vendor shall perform the Work as though fully described on both. Vendor shall seek
clarification from the City or the City's third -party Design Professional for any discrepancies.
xvi. In case of conflicts between the drawings and specifications, the specifications shall govern
unless otherwise stated in the bidding documents. In any case of omissions or errors in figures,
drawings, or specifications, Vendor shall immediately submit the matter to City and Design
Professional for clarification. The City's clarifications are final and binding, which may include
third -party Design Professional content.
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page 3 of 21
Last Revised 01.13.2021
xvii. DEBARMENT AND SUSPENSION: By execution of this agreement, Vendor certifies that to the best
of its knowledge and belief that the Vendor and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (2) of this certification; and
4. (d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State, or local) terminated for cause or default.
S. Vendor understands that a false statement on certification regarding debarment and
suspension may be grounds for rejection of this proposal or termination of the award. In
addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify
that I will obtain a similar certification for each subcontract awarded in excess of
$2S,000.
6. Certifications for subcontracts or subsubcontracts executed under this agreement shall
include all language in this section.
5. Definitions:
a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or
trade meanings shall be interpreted in accordance with their well-known meanings.
b. "Business Day' means all Days, except weekends and official federal or state holidays where the Project is
located.
c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating
changes in the scope of the Work, and Date of Substantial Completion or Date of Final Completion.
d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to
achieve Final Completion.
e. "Cost of the Work" means the total costs and discounts charged to the City.
f. The "Vendor" is the person or entity identified in this contract and includes Vendor's Representative.
g. "Day" means a calendar day unless otherwise specified.
h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the
Contract Documents.
"Design Professional" means the licensed architect retained by the City and its subconsultants, to perform
design services for the Project.
"Final Completion" occurs on the date when Vendor's obligations under this Agreement are complete
and accepted by City and final payment becomes due and payable. This date shall be confirmed by a
Certificate of Final Completion signed by all Parties.
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page 4 of 21
Last Revised 01.13.2021
k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the
Law, or any other substance or material that may be considered hazardous or otherwise subject to
statutory or regulatory requirement governing handling, disposal, or cleanup.
I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with
City and Design Professional after execution of this Agreement and before Substantial Completion.
Interim Directives shall be consolidated and formalized in a change order to be signed by all parties.
m. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work
with which Vendor must comply that are enacted as of the Agreement date.
n. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors,
subsubcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c)
or any by any of them or for whose acts any of them may be liable.
o. "Overhead" means (a) payroll costs, burden, and other compensation of Vendor's employees in Vendor's
principal and branch offices for work associated with this project.
p. "Owner" is the City of Fayetteville, Arkansas (City).
q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time
criteria, space requirements and relationships, flexibility and expandability requirements, special
equipment and systems, site requirements, and any requirements for phased occupancy.
r. The "Parties" are collectively City and Vendor.
s. The "Project," is the building, facility, or other improvements for which Vendor is to perform Work under
this Agreement. It may also include construction by Owner or Others.
t. The "Schedule of the Work" is the document prepared by Vendor that specifies the dates on which
Vendor plans to begin and complete various parts of the Work, including dates on which information and
approvals are required from City.
u. "Subcontractor" is a person or entity retained by Vendor as an independent contractor to provide the
labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term
Subcontractor does not include Design Professional or Others.
v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is
sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the
Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This
date shall be confirmed by a certificate of Substantial Completion signed by all Parties.
w. A "Subsubcontractor" is a person or entity who has an agreement with a Subcontractor or another
Subsubcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or
equipment.
x. A "Supplier" is a person or entity retained by Vendor to provide material or equipment for the Work.
y. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure,
that is committed by an individual or individuals and that appears to be part of an effort to coerce a
civilian population or to influence the policy or affect the conduct of any government by coercion.
Terrorism includes, but is not limited to, any act certified by the United States government as an act of
terrorism pursuant to the Terrorism Risk Insurance Act, as amended.
z. "Work" means the construction services necessary or incidental to fulfill Vendor's obligations for the
Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer
to the whole Project or only a part of the Project if work is also being performed by Owner or Others.
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page S of 21
Last Revised 01.13.2021
aa. "Worksite" means the area of the Project where the Work is to be performed.
bb. "Bi-monthly basis" means every fourteen to sixteen calendar days.
6. Contract Document Review and Administration
a. Before commencing the Work, Vendor shall examine and compare the drawings and specifications with
information furnished by the City and Design Professional that are considered Contract Documents,
relevant field measurements made by Vendor, and any visible conditions at the Worksite affecting the
Work.
b. Should Vendor discover any errors, omissions, or inconsistencies in the Contract Documents, Vendor shall
promptly report them to the City and Design Professional. Following receipt of written notice from
Vendor of defects, City shall promptly inform Vendor what action, if any, Vendor shall take with regard to
the defect.
c. Nothing in this section shall relieve VENDOR of responsibility for its own errors, inconsistencies, or
omissions.
d. COST REPORTING: Vendor shall maintain complete, accurate, and current records that comply with
generally accepted accounting principles and calculate the proper financial management under this
Agreement. Vendor shall maintain a complete set of all books and records prepared or used by Vendor
with respect to the Project. City shall be afforded access to all of Vendor's records, books,
correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this
Agreement. Vendor shall preserve all such records for a period of three years after the final payment or
longer where required by Law.
7. Warranty
a. Vendor warrants all materials and equipment furnished under the Construction Phase of this Agreement
will be new unless otherwise specified, of good quality, in conformance with the Contract Documents,
and free from defective workmanship and materials. At City or Design Professional request, Vendor shall
furnish satisfactory evidence of the quality and type of materials and equipment furnished. Vendor
further warrants all Work shall be free from material defects not intrinsic in the design or materials
required in the Contract Documents. Vendor's warranty does not include remedies for defects or
damages caused by normal wear and tear during normal usage beyond the warranty period, use for a
purpose for which the Project was not intended, improper or insufficient maintenance, modifications
performed by the City or others, or abuse. Vendor's warranty shall commence on the Date of Final
Completion of the Project.
b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and
purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are
no warranties which extend beyond the description on the face of any such warranty. For such
incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF
MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
DISCLAIMED.
c. Vendor shall obtain from its Subcontractors and Suppliers any special or extended warranties required by
the Contract Documents. Vendor's liability for such warranties shall be limited to the one-year correction
period, as further defined in this Agreement. After that period Vendor shall provide full and
comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such
extended warranties.
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page 6 of 21
Last Revised 01.13.2021
d. Correction of Work
If before Substantial Completion or within two -years after the date of Final Completion of the
Work any Defective Work is found, City shall promptly notify Vendor in writing. Unless City
provides written acceptance of the condition, Vendor shall promptly correct the Defective Work
at its own cost and time and bear the expense of additional services required for correction of
any Defective Work for which it is responsible. If within the two-year correction period City
discovers and does not promptly notify Vendor or give Vendor an opportunity to test or correct
Defective Work as reasonably requested by Vendor, City waives Vendor's obligation to correct
that Defective Work as well as City's right to claim a breach of the warranty with respect to that
Defective Work.
ii. If Vendor fails to correct Defective Work within a reasonable time after receipt of written notice
from City before final payment, City may correct it in accordance with Owner's right to carry out
the Work. In such case, an appropriate Change Order shall be issued deducting the cost of
correcting the Defective Work from payments then or thereafter due Vendor. If payments then
or thereafter due Vendor are not sufficient to cover such amounts, Vendor shall pay the
difference to City.
iii. Vendor's obligations and liability, if any, with respect to any Defective Work discovered after the
two-year correction period shall be determined by the Law. If, after the two-year correction
period but before the applicable limitation period has expired, City discovers any Work which City
considers Defective Work, City shall, unless the Defective Work requires emergency correction,
promptly notify Vendor and allow Vendor an opportunity to correct the Work if Vendor elects to
do so. If Vendor elects to correct the Work it shall provide written notice of such intent within
fourteen (14) Days of its receipt of notice from City and shall complete the correction of Work
within a mutually agreed timeframe. if Vendor does not elect to correct the Work, City may have
the Work corrected by itself or Others, and, if City intends to seek recovery of those costs from
Vendor, City shall promptly provide Vendor with an accounting of the actual correction costs.
iv. If Vendor's correction or removal of Defective Work causes damage to or destroys other
completed or partially completed work or existing building, Vendor shall be responsible for the
cost of correcting the destroyed or damaged property.
v. The two-year period for correction of Defective Work does not constitute a limitation period with
respect to the enforcement of Vendor's other obligations under the Contract Documents.
vi. Before final payment, at City option and with Vendor's agreement, City may elect to accept
Defective Work rather than require its removal and correction. In such cases the contract shall be
equitably adjusted for any diminution in the value, as determined by City, of the Project caused
by such Defective Work via formal written change order.
8. Safety of Persons and Property
SAFETY PROGRAMS: Vendor holds overall responsibility for safety programs. However, such obligation
does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Vendor shall
prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a)
its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page 7 of 21
Last Revised 01.13.2021
locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work
areas, whether or not the property is part of the Worksite.
b. VENDOR'S SAFETY REPRESENTATIVE: Vendor shall designate an individual at the Worksite in its employ as
its safety representative. Unless otherwise identified by Vendor in writing to City, Vendor's project
superintendent shall serve as its safety representative. Vendor shall report promptly in writing all
recordable accidents and injuries occurring at the Worksite. When Vendor is required to file an accident
report with a public authority, Vendor shall furnish a copy of the report to City.
c. Vendor shall provide City with copies of all notices required of Vendor by the Law. Vendor's safety
program shall comply with the requirements of governmental and quasi -governmental authorities having
jurisdiction.
i. Damage or loss not insured under property insurance that may arise from the Work, to the extent
caused by negligent or intentionally wrongful acts or omissions of Vendor, or anyone for whose
acts Vendor may be liable, shall be promptly remedied by Vendor.
d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Vendor's
safety program, may require Vendor to stop performance of the Work, take corrective measures
satisfactory to City. If Vendor does not adopt corrective measures, City may perform them and deduct
their cost from the GMP. Vendor agrees to make no claim for damages, or an increase in the GMP, or for
a change in the Dates of Substantial or Final Completion based on Vendor's compliance with City's
reasonable request.
9. Subcontracts:
a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Vendor agrees to bind every Subcontractor and Supplier
and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract
Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the
Work.
b. Vendor agrees not to subcontract Vendor at risk related services without prior written consent from the
City.
10. Fees, Expenses, and Payments:
a. Electrical Resources 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 21-20 as stated in Electrical Resources bid response, and in
accordance with specifications attached hereto and made a part hereof under Bid 21-20, all included
herein as if spelled out word for word.
b. This turn -key project providing labor and materials shall be provided to the City for a not to exceed fee of
87 920.84 US Dollars.
c. The City of Fayetteville shall pay Electrical Resources for completion of the project based on a percentage
of work completed. At no point shall payment exceed the percentage of work completed, as determined
by the City.
d. 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
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page 8 of 21
Last Revised 01,13.2021
other sources. The City of Fayetteville does not agree to any interest or penalty for "untimely" payments.
e. The City reserves the right to withhold five percent (5%) retainage from all payments until project is
completed in full.
f. Not to exceed pricing shall include but not be limited to:
1. Labor wages directly employed by Vendor in performing of the Work.
2. Salaries of Vendor's employees when stationed at the field office, in whatever capacity employed,
employees engaged on the road expediting the production or transportation of material and
equipment, and employees from the principal or branch office as mutually agreed by the Parties in
writing.
3. Cost of all employee benefits and taxes, including but not limited to, workers' compensation,
unemployment compensation, social security, health, welfare, retirement, and other fringe benefits
as required by law, labor agreements, or paid under Vendor's standard personnel policy, insofar as
such costs are paid to employees of Vendor who are included in the Cost of the Work.
4. Transportation, travel, hotel, and moving expenses of Vendor's personnel incurred in connection with
the Work.
5. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection
and testing if not provided by City, transportation, storage, and handling.
6. Payments made by Vendor to Subcontractors for work performed under this Agreement.
7. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary
facilities, and hand tools not owned by the workers that are used or consumed in the performance of
the Work, less salvage value or residual value; and cost less salvage value on such items used, but not
consumed that remain the property of Vendor.
8. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers,
used at the Worksite, whether rented from Vendor or others, including installation, repair, and
replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive
market rates.
9. Cost of the premiums for all insurance and surety, performance or payment bonds which Vendor is
required to procure or deems necessary and approved by City.
10. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Vendor is
liable.
11. Permits, taxes, fees, licenses, tests, royalties.
12. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost
of corrective work during the Construction Phase and for the warranty period.
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13. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the
field office and site.
14. Water, power, and fuel costs necessary for the Work.
1S. Cost of removal of all nonhazardous substances, debris, and waste materials.
16. Costs incurred due to an emergency affecting the safety of persons or property.
17. Costs directly incurred in the performance of the Work or in connection with the Project, and not
included in Vendor's Fee, which are reasonably inferable from the Contract Documents.
STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents,
applications for payment may include materials and equipment not yet incorporated into the Work but
delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs
incurred transporting the materials to an offsite storage facility. Approval of payment applications for
stored materials and equipment stored offsite shall be conditioned on a submission by Vendor of bills of
sale and proof of required insurance, or such other documentation satisfactory to City to establish the
proper valuation of the stored materials and equipment, City's title to such materials and equipment, and
to otherwise protect City's interests therein, including transportation to the Worksite. Materials and
equipment stored offsite shall be in a bonded and insured secure facility.
Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this Agreement,
VENDOR shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF
FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted
by VENDOR to be set forth therein.
i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by
the parties to this Agreement, final payment under this Agreement or settlement upon
termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against VENDOR or sureties under this Agreement.
11. Project Bonding - Performance and payment bonding: After execution of this contract by all parties, Electrical
Resources shall provide a 100% separate performance and payment bond from a bonding company, licensed to
do business in the state of Arkansas. Bonds shall be provided within ten (10) calendar days after this contract has
been executed by all parties.
All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall
be rated A+ minimum by A. M. Best.
12. Time:
a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion
shall be established in the contract documents as a hard not to exceed date. If such dates are not
established upon the execution of this Agreement, a Date of Substantial Completion and Date of Final
Completion of the Work shall be established via Change Order.
b. Time is of the essence with regard to the obligations of the Contract Documents.
c. Unless instructed by City in writing, Vendor shall not knowingly commence the Work before the effective
date of Vendor's required insurance and bonds and formal written and signed Purchase Order issued by
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the City of Fayetteville Purchasing Division.
Schedule of Work: Before submitting its first application for payment, Vendor shall submit to City and, if
directed, Design Professional a Schedule of the Work showing the dates on which Vendor plans to begin
and complete various parts of the Work, including dates on which information and approvals are required
from City. Except as otherwise directed by City, Vendor shall comply with the approved Schedule of the
Work or Vendor.
i. City may determine the sequence in which the Work shall be performed, provided it does not
unreasonably interfere with the approved project schedule. City may require Vendor to make
reasonable changes in the sequence at any time during the performance of the Work in order to
facilitate the performance of work by City or Others. If Vendor consequently incurs costs or is
delayed, the Dates of Substantial or Final Completion, or both, Vendor may seek equitable
adjustment.
e. NOTICE OF DELAY CLAIMS: If Vendor requests an equitable extension of the Contract Time or an
equitable adjustment contract as a result of a delay described, Vendor shall give City written notice of the
claim. If Vendor causes delay in the completion of the Work, City shall be entitled to recover its additional
costs.
13. Substantial Completion:
Vendor shall notify City and, if directed, Design Professional when it considers Substantial Completion of
the Work or a designated portion to have been achieved. City, with the assistance of its Design
Professional, shall promptly conduct an inspection to determine whether the Work or designated portion
can be occupied or used for its intended use by City without excessive interference in completing any
remaining unfinished Work. If City determines the Work or designated portion has not reached
Substantial Completion, City, with the assistance of its Design Professional, shall promptly compile a list of
items to be completed or corrected so City may occupy or use the Work or designated portion for its
intended use. Vendor shall promptly and accurately complete all items on the list.
When Substantial Completion of the Work or a designated portion is achieved, Vendor shall prepare a
Certificate of Substantial Completion establishing the date of Substantial Completion and the respective
responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and
damage to the Work, and fixing the time for completion of all items on the list accompanying the
Certificate. The Certificate of Substantial Completion shall be submitted by Vendor to City and, if directed,
to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial
Completion.
Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the
Contract Documents shall commence on the date of Substantial Completion of the Work or a designated
portion.
Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Vendor the
remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a
sum equal to one hundred and fifty percent (ISO%) of the estimated cost of completing or correcting
remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final
Completion, including all close outs. Uncompleted items shall be completed by Vendor in a mutually
agreed upon timeframe.
14. Final Completion:
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i. Upon notification from Vendor that the Work is complete and ready for final inspection and
acceptance, City, with the assistance of its Design Professional shall promptly conduct an
inspection to determine if the Work has been completed and is acceptable under the Contract
Documents.
ii. When the Work is complete, Vendor shall prepare for City's written acceptance a final application
for payment stating that to the best of Vendor's knowledge, and based on City's inspections, the
Work has reached Final Completion in accordance with the Contract Documents.
iii. Final payment shall be made to Vendor within thirty (30) Days after Vendor has submitted an
application for final payment, pending the application has been approved by the City, including
submissions required, and a Certificate of Final Completion has been executed by all Parties.
iv. Final payment shall be due on Vendor's submission of the following to the City:
1. an affidavit declaring any indebtedness connected with the Work, to have been paid,
satisfied, or to be paid with the proceeds of final payment, so as not to encumber City
property;
2. as -built drawings, manuals, copies of warranties, and all other close-out documents
required by the Contract Documents;
3. release of any liens, conditioned on final payment being received;
4. consent of any surety; and
S. any outstanding known and unreported accidents or injuries experienced by Vendor or
its Subcontractors at the Worksite.
If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is
materially delayed through no fault of Vendor. If approved by City, they shall pay the balance due
for any portion of the Work fully completed and accepted. if the remaining contract balance for
Work not fully completed and accepted is less than the retained amount before payment, Vendor
shall submit to City and, if directed, Design Professional the written consent of any surety to
payment of the balance due for portions of the Work that are fully completed and accepted. Such
payment shall not constitute a waiver of claims, but otherwise shall be governed by this section.
vi. ACCEPTANCE OF FINAL PAYMENT: Unless Vendor provides written identification of unsettled
claims with an application for final payment, its acceptance of final payment constitutes a waiver
of such claims.
Electrical Resources shall ensure that the City of Fayetteville receives lien waivers from all material
suppliers, subcontractors and sub -subcontractors and before work begins on the project. The
contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors
providing work on the project that states the following:
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i. 'According to Arkansas law, it is understood that no liens can be filed against public property if
valid and enforceable payment and performance bond is in place. Regarding this Project and
Agreement, the valid and enforceable bonds are with ( name of surety ).'
ii. Electrical Resources shall have each subcontractor, sub -subcontractor and material supplier
execute a written receipt evidencing acknowledgment of this statement prior to
commencement of the work of the subcontractor or material supplier.
15, Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if
addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight
courier.
16. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
17. Venue: Venue for all legal disputes shall be Washington County, Arkansas.
18. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing 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 VENDOR shall 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.
19. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost or fees.
20.Insurance:
a. Before starting the Work and as a condition precedent to payment, Vendor shall procure and maintain in
force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability
Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for
liability arising from premises, operations, independent contractors, products -completed operations,
personal injury and advertising injury, contractual liability, pollution coverage, and broad form property
damage. Vendor shall maintain completed operations liability insurance for one year after Substantial
Completion, or as required by the Contract Documents, whichever is longer. Vendor's Employers' Liability,
Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented
in Appendix D.
b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a
single policy for the full limits required or by a combination of underlying policies with the balance
provided by excess or umbrella liability policies.
c. Vendor shall maintain in effect all insurance coverage required with insurance companies lawfully
authorized to do business in the jurisdiction in which the Project is located. If Vendor fails to obtain or
maintain any insurance coverage required under this Agreement, City may purchase such coverage and
charge the expense to Vendor or terminate this Agreement.
d. To the extent commercially available to Vendor from its current insurance company, insurance policies
required shall contain a provision that the insurance company or its designee shall give City written notice
transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance
company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before
commencing the Work and upon renewal or replacement of the insurance policies, Vendor shall furnish
City with certificates of insurance until one year after Substantial Completion or longer if required by the
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Contract Documents. In addition, if any insurance policy required is not to be immediately replaced
without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Vendor shall give City
prompt written notice upon actual or constructive knowledge of such condition.
e. Certificates of Insurance shall list the City as Additional Insured Parties.
f. PROPERTY INSURANCE:
At no time shall any policy be covered by self-insurance or in a self -insured format. All policies
shall be covered by an approved commercial insurance professional properly licensed to do
business in Arkansas.
Unless otherwise directed in writing by City, before starting the Work, Electrical Resources shall
obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement
at the time of loss, including existing structures. This insurance shall also (a) name Vendor,
Subcontractors, Subsubcontractors, and Design Professional as named insureds; (b) be written in
such form to cover all risks of physical loss except those specifically excluded by the policy; and
(c) insure at least against and not exclude:
1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft,
including helicopter, operated by or on behalf of Vendor) and vehicles, riot and civil
commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake,
earth movement, water damage, wind damage, testing if applicable, collapse, however
caused;
2. damage resulting from defective design, workmanship, or material;
3. coverage extension for damage to existing buildings, plant, or other structures at the
Worksite, when the Project is contained within or attached to such existing buildings,
plant or structures. Coverage shall be to the extent loss or damage arises out of
Constructor's activities or operations at the Project;
4. equipment breakdown, including mechanical breakdown, electrical injury to electrical
devices, explosion of steam equipment, and damage to steam equipment caused by a
condition within the equipment;
5. testing coverage for running newly installed machinery and equipment at or beyond the
specified limits of their capacity to determine whether they are fit for their intended use;
and
6. physical loss resulting from Terrorism.
iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any
deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the
Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible
amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This
insurance shall remain in effect until final payment has been made or until no person or entity
other than City has an insurable interest in the property to be covered by this insurance,
whichever is sooner. Partial occupancy or use of the Work shall not commence until City has
secured the consent of the insurance company or companies providing the coverage required in
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this subsection. Before commencing the Work, City shall provide a copy of the property policy or
policies obtained.
iv. If City elects to purchase the property insurance required by this Agreement, including all of the
coverages and deductibles for the same durations specified, City shall give written notice to
Vendor before the Work is commenced and provide a copy of the property policy or policies
obtained in compliance with this agreement. City may then provide insurance to protect its
interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors,
The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its
intent to purchase property insurance required by this Agreement and fails to purchase or
maintain such insurance, City shall be responsible for costs reasonably attributed to such failure.
The Parties each waive all rights against each other and their respective employees, agents,
contractors, subcontractors, suppliers, subsubcontractors, and design professionals for damages
caused by risks covered by the property insurance, except such rights as they may have to the
proceeds of the insurance.
1. To the extent of the limits of Vendor's Commercial General Liability Insurance, Vendor
shall indemnify and hold harmless City against any and all liability, claims, demands,
damages, losses, and expenses, including attorneys' fees, in connection with or arising
out of any damage or alleged damage to any of City's existing adjacent property,
including personal property, that may arise from the performance of the Work, to the
extent caused by the negligent or intentionally wrongful acts or omissions of Vendor,
Subcontractor, Supplier, Subsubcontractor, or anyone employed directly or indirectly by
any of them or by anyone for whose acts any of them may be liable.
g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to
the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final
Completion.
h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Vendor to purchase and maintain
additional liability coverage. Vendor shall provide:
Additional Insured. City shall be named as an additional insured on Vendor's Commercial General
Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella
liability, commercial automobile liability, and any required pollution liability, but only with respect
to liability for bodily injury, property damage, or personal and advertising injury to the extent
caused by the negligent acts or omissions of Vendor, or those acting on Vendor's behalf, in the
performance of Vendor's work for Owner at the Worksite. The insurance of the Vendor and its
Subcontractors (both primary and excess) shall be primary to any insurance available to the
Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non-
contributory.
ii. OCP. Vendor shall provide an Owners' and Contractors' Protective Liability Insurance ("OCP")
policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner.
Any documented additional cost in the form of a surcharge associated with procuring the additional
liability coverage in accordance with this subsection shall be paid by VENDOR. Before commencing the
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Work, Vendor shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing
that City has been named as an additional insured, as applicable.
i. ROYALTIES, PATENTS, AND COPYRIGHTS: Vendor shall pay all royalties and license fees which may
be due on the inclusion of any patented or copyrighted materials, methods, or systems selected
by Vendor and incorporated in the Work. Vendor shall defend, indemnify, and hold City harmless
from all suits or claims for infringement of any patent rights or copyrights arising out of such
selection.
PROFESSIONAL LIABILITY INSURANCE: To the extent Vendor is required to procure design services,
Vendor shall require its design professionals to obtain a commercial professional liability insurance for
claims arising from the negligent performance of professional services under this Agreement, with a
company reasonably satisfactory to City, including coverage for all professional liability caused by any
consultants to Vendor's design professional, written for not less than one million US dollars ($1,000,000)
per claim and in the aggregate. Vendor's design professional shall pay the deductible. The Professional
Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all
Services performed by the Constructor's design professional for this Project. Coverage shall be continued
in effect for the entire warranty period.
21. Professional Responsibility: VENDOR will exercise reasonable skill, care, and diligence in the performance of
services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY
OF FAYETTEVILLE will promptly report to VENDOR any defects or suspected defects in services of which CITY OF
FAYETTEVILLE becomes aware, so VENDOR can take measures to minimize the consequences of such a defect.
CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of VENDOR.
22. Responsibility of the City of Fayetteville
a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of VENDOR:
i. Provide full information as to the requirements for the Project.
ii. Assist Electrical Resources by placing at Electrical Resources disposal all available information
pertinent to the assignment including previous reports and any other data relative thereto.
iii. Assist Electrical Resources in obtaining access to property reasonably necessary for Electrical
Resources to perform its services.
iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented
by Electrical Resources and render in writing decisions pertaining thereto.
v. Review all documents and provide written comments to Electrical Resources in a timely manner.
vi. The City of Fayetteville Facilities Director is the project representatives with respect to the
services to lbe performed under this Agreement. The Facilities Director Representative shall have
complete authority to transmit instructions, receive information, interpret and define policies and
decisions with respect to materials, equipment, elements and systems to be used in the Project,
and other matters pertinent to the services covered by this Agreement.
23. Cost Opinions and Projections: Cost opinions and projections prepared by the Electrical Resources relating to
construction costs and schedules, operation and maintenance costs, equipment characteristics and performance,
cost estimating, and operating results are based on Electrical Resources experience, qualifications, and judgment
as a Electrical Resources professional.
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24. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE
authorizing services hereunder.
a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the
Project through completion of the services stated in the Agreement. VENDOR shall proceed with
providing the authorized services immediately upon receipt of written authorization from CITY OF
FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which
the services are to be completed.
25. Termination:
a. This Agreement may be terminated in whole or in part in writing by either party in the event of
substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the
terminating party, provided that no termination may be effected unless the other party is given:
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its
convenience, provided that VENDOR is given:
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
c. If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price
provided for in this Agreement shall be made, but
I. No amount shall be allowed for anticipated profit on unperformed services or other work,
ii. Any payment due to VENDOR at the time of termination may be adjusted to cover any additional
costs to CITY OF FAYETTEVILLE because of VENDOR's default.
d. If termination for default is effected by VENDOR, or if termination for convenience is effected by CITY OF
FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work
performed. The equitable adjustment for any termination shall provide for payment to VENDOR for
services rendered and expenses incurred prior to the termination, in addition to termination settlement
costs reasonably incurred by VENDOR relating to commitments which had become firm prior to the
termination.
e. Upon receipt of a termination action under Paragraphs above, VENDOR shall:
i. Promptly discontinue all affected work (unless the notice directs otherwise),
ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
accumulated by VENDOR in performing this Agreement, whether completed or in process.
f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award
another party an agreement to complete the work under this Agreement.
g. If, after termination for failure of VENDOR to fulfill contractual obligations, it is determined that VENDOR
had not failed to fulfill contractual obligations, the termination shall be deerned to have been for the
convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made
as provided in this agreement.
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26. Delays
a. In the event the services of Electrical Resources are suspended or delayed by CITY OF FAYETTEVILLE, or by
other events beyond VENDOR's reasonable control, VENDOR shall be entitled to additional compensation
and time for reasonable documented costs incurred by VENDOR in temporarily closing down or delaying
the Project.
b. In the event the services are suspended or delayed by VENDOR, CITY shall be entitled to compensation
and time for reasonable costs incurred in temporarily closing down or delaying the Project.
27. Rights and Benefits
a. Electrical Resources services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not
for the benefit of any other persons or entities.
28. Dispute Resolution
a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY
OF FAYETTEVILLE and VENDOR which arise from, or in any way are related to, this Agreement, including,
but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or
omissions of CITY OF FAYETTEVILLE or VENDOR in the performance of this Agreement, and disputes
concerning payment.
b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely
Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these
procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction,
until the procedures in this agreement have been complied with.
c. Notice of Dispute
i. For disputes arising prior to the making of final payment promptly after the occurrence of any
incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve
the other party with a written Notice.
ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE
shall give VENDOR written Notice at the address listed in this agreement within thirty (30)
calendar days after occurrence of any incident, accident, or first observance of defect or damage.
In both instances, the Notice shall specify the nature and amount of relief sought, the reason
relief should be granted, and the appropriate portions of this Agreement that authorize the relief
requested.
iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for
CITY OF FAYETTEVILLE and VENDOR shall confer in an effort to resolve the dispute. If the dispute
cannot be resolved at that level, then, upon written request of either side, the matter shall be
referred to the President of VENDOR, and the Mayor of CITY OF FAYETTEVILLE or his or her
designee. These officers shall meet at the Project Site or such other location as is agreed upon
within 30 calendar days of the written request to resolve the dispute.
29. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment
to Electrical Resources for services rendered by Electrical Resources. All parties agree if funding should become
insufficient to complete the project, VENDOR shall be notified in a timely manner.
30. Publications:
a. Recognizing the importance of professional services on the part of VENDOR's employees and the
importance of VENDOR's public relations, VENDOR may prepare publications, such as technical papers,
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articles for periodicals, promotional materials, and press releases, in electronic or other format,
pertaining to VENDOR's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall
review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to VENDOR, CITY OF
FAYETTEVILLE may require deletion of proprietary data or confidential information from such
publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved
materials may be used in a variety of situations and do not require additional review or approval for each
use. The cost of VENDOR's activities pertaining to any such publication shall be for VENDOR's account.
31. Indemnification:
a. The CITY requires the VENDOR to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any
loss caused by negligence and from and against any and all loss where loss is caused or incurred or
alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault
of the VENDOR, or their employees, agents, Subcontractors, sub consultant and Suppliers of the VENDOR.
32. Ownership of Documents:
a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates,
field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. Vendor may retain
reproduced copies of drawings and copies of other documents.
b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy
or electronic media prepared by Vendor as part of the Services shall become the property of CITY OF
FAYETTEVILLE when VENDOR has been compensated for all Services rendered, provided, however, that
Vendor shall have the unrestricted right to their use. Vendor shall, however, retain its rights in its
standard drawings details, specifications, databases, computer software, and other proprietary property.
Rights to intellectual property developed, utilized, or modified in the performance of the Services shall
remain the property of Vendor.
c. Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. Vendor makes no warranty as to the compatibility of these files
with any other system or software. Because of the potential degradation of electronic medium over time,
in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the
sealed drawings/hard copies will govern.
33. Additional Responsibilities of VENDOR:
a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished
hereunder by CITY shall not in any way relieve Vendor of responsibility for the technical adequacy of the
work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be
construed as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement.
b. Vendor shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF
FAYETTEVILLE caused by Vendor's negligent performance, except beyond the Vendor's normal standard
of care, of any of the services furnished under this Agreement, and except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data.
c. Vendor's obligations under this clause are in addition to Vendor's other express or implied assurances
under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE
may have against VENDOR for faulty materials, equipment, or work.
34. Audit and Access to Records:
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page 19 of 21
Last Revised 01.13.2021
a. Vendor's shall maintain books, records, documents and other evidence directly pertinent to performance
on work under this Agreement in accordance with generally accepted accounting principles and practices
consistently applied in effect on the date of execution of this Agreement.
b. Vendor's shall also maintain the financial information and data used by Vendor's in the preparation of
support of the cost submission required for any negotiated agreement or change order and send to CITY
OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their
authorized representatives shall have access to all such books, records, documents and other evidence
for the purpose of inspection, audit and copying during normal business hours. VENDOR will provide
proper facilities for such access and inspection.
c. Records shall be maintained and made available during performance on assisted work under this
Agreement and until three years from the date of final payment for the project. In addition, those
records which relate to any controversy arising out of such performance, or to costs or items to which an
audit exception has been taken, shall be maintained and made available until three years after the date of
resolution of such appeal, litigation, claim or exception.
d. This right of access clause (with respect to financial records) applies to:
i. Negotiated prime agreements
ii. Negotiated change orders or agreement amendments affecting the price of any formally
advertised, competitively awarded, fixed price agreement
iii. Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not apply to a
prime agreement, lower tier sub agreement or purchase order awarded after effective price
competition, except:
1. With respect to record pertaining directly to sub agreement performance, excluding any
financial records of VENDOR;
2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be
involved;
3. If the sub agreement is terminated for default or for convenience.
35. Covenant Against Contingent Fees:
a. VENDOR warrants that no person or selling agency has been employed or retained to solicit or secure this
Agreement u'pon an agreement of understanding for a commission, percentage, brokerage or continent
fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained
by VENDOR for the purpose of securing business. For breach or violation of this warranty, CITY OF
FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct
from the contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
36. Gratuities:
a. If CITY OF FAYETTEVILLE finds after a notice and hearing that VENDOR or any of VENDOR agents or
representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any
official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this
project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making
any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written
notice to VENDOR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and
remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page 20 of 21
Last Revised 01.13.2021
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the
Remedies clause of this Agreement.
b. The CITY may pursue the same remedies against VENDOR as it could pursue in the event of a breach of
the Agreement by VENDOR. As a penalty, in addition to any other damages to which it may be entitled by
law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which
shall be not less than three nor more than ten times the costs VENDOR incurs in providing any such
gratuities to any such officer or employee.
,37. Clarification and Understanding of all parties:
a. The citizens of Fayetteville voted to authorize the Fayetteville City Council to issue bonds to fund this
project.
b. All parties agree and acknowledge that all funds derived from the City's sale of the bonds may only be
spent or used for purposes authorized by the City voters and applicable state law.
c. The VENDOR agrees to work with the City of Fayetteville to prominently display a bronze or comparable
material plaque inside the Fayetteville Police Headquarters main lobby stating "The City of Fayetteville
thanks the citizens and taxpayers of Fayetteville for their over $XX million investment for the project
name and year". Wording shall be finalized with the CITY prior to procuring the plaque.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and Electrical Resources, Inc by its
authorized officer have made and executed this Agreement as of the day and year first above written.
ITY OF FAYETTEVILLE, AR AN SAS ELECTRICAL RESOURCES, INC.
By, By. 1� — 7"
Li eld Jord M or Ja H. Milford, Presi e t
• �'Y 0 •. ATTEST: \� • G F •.G�'�:
. FAYETTEVILLE
By:
Kara Paxton, City Clerk
• • Rk P
'�,�9sy. � SANS , • • ,���•
Date Signed: ` G Date Signed:
CONTRACT: Bid 21-20, Construction — Walker Skate Park Lighting
Page 21 of 21
Last Revised 01.13.2021
Contract for Bid 21-20
Appendix A
City Bid Package
WOO
CITY OF
FAYETTEVILLE
ARKANSAS
City of Fayetteville, Arkansas
Purchasing Division — Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8289
TDD (Telecommunication Device for the Deaf): 479.521.1316
Bid 21-20, Construction — Walker Skate Park Lighting
Bid deadline, pre -bid meeting information, deadline for questions, addendums, and all
other bid information will be posted to the City's online electronic bidding platform at
htt fa etteviIle- r. ov bids.
ACCEPTABLE DELIVERY METHODS: noe
(1) City's third -party electronic bAdieg platfor ,
(2) sealed and delivered dire to �/ie Ci tte�
PURCHASING MANAGER: Andrea ren foren eville-<
DATE OF ISSUE & ADVERTISEMEN nday, 020 &�J
z
ille cted
479-575-8289
UJ 2020
No late bids shall be accepted. Bids shame submit 'k'Ke of th folloDig methods: (1) through the City's third -party
bidding platform, Bonfire, or, (2) in a sealed env livered to designated drop box outside of City Hall, 113 W.
Mountain St., Fayetteville, AR 72701. Sub ' in ough B i'�i ongly encouraged. All bids shall be submitted in
accordance with the attached City of Faye pecific a bid documents attached hereto. Each bidder is
required to fill in every blank and shall supply I information re sted; failure to do so may be used as basis of rejection.
NOTI 0 ALL BIDDERS:
All interested parties can obtain files for c1sp
ct by going to http://fayetteville-ar.gov/bids. Bid documents shall be
acquired electronically from the City of Fale Purchasing Division's electronic bidding platform only.
BID PACKAGE INCLUDES THE FOLLOWING FILES WHICH SHALL BE LISTED UNDER "PUBLIC FILES" ON BONFIRE:
FILE #01: BID & PROJECT MANUAL — 25 total pages
FILE #02: DRAWINGS & SPECIFICATIONS —02 Plan Sheets
*Additional files added as addendums are issued. ALL PROJECT DOCUMENTS & ADDENDUMS WILL BE POSTED AT
http://fayetteville-ar.gov/bids. Please see to the "Document Takers" section in replacement of a plan holder listing.
Bidders shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring
http://fayetteville-or.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection.
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 1 of 25
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 documentation (Power of Attorney, etc.)
F-1
o 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). Cashier's checks
shall be made payable to the City of Fayetteville, AR.
o Upload bid bond to Bonfire (preferred) OR attach bid bond with physical submittal. Cashier's Checks shall
be submitted physically by the bid deadline.
All addenda shall be signed, acknowledged, and suZs).
d on the appropriate forms (submitting the actual
addendums or marking acknowledgement on oth
All line items shall be appropriately filled o nd�extended to rev the line ite limbs well as the total bid
F-1 Price. Total base bid should be calculate i th vided va
All pages provided with signature es s II be app p t
igned, accordingly, and included with
submitted bid documents •
All bids shall be received be t e stated dea ee tilizing tRe ctl�lFiic bidding software, OR by submitting a
F-1 sealed bid at the City of Fayette ille, Purch in Division a rted below. Submittinga bid electronically is
Y
strongly encouraged. A public bid o ill be jo u d shortly after the deadline at City Hall and
livestreamed at htt s: www. ou user ci illear. Late or misdirected bids shall not be
accepted. The City of Fayetteville %^of be re I for lost or misdirected bids, or failure of bidder's
technical equipment. All bid docume s shall be Alive in a sealed envelope to the address listed below before
the stated deadline on the coversheet of A �(„++J All bids should be delivered with the name of the bidder
(contractor) on the sealed envelop�tcli
well as the bidders Arkansas Contractors License Number.
•
y of Fayetteville, AR
urchasing Division — Suite 306
QW. Mountain, Fayetteville, AR 72701
F-1
Additional Information Required:
• List of Subcontractors: Submit form on Bonfire or attach if submitting a physical bid
• AR Secretary of State Filing: _ or submit on Bonfire
• Arkansas Contractor License#:
or submit on Bonfire
• 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.
o Submit on Bonfire (preferred), OR circle applicable answer: YES or NO
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 2 of 25
City of Fayetteville
Bid 21-20, Construction —Walker Skate Park Lighting
Advertisement
City of Fayetteville, Arkansas
INVITATION TO BID
Bid 21-20, Construction —Walker Skate Park Lighting
The City of Fayetteville is accepting package bids from properly licensed and authorized firms for work related to electrical
lighting upgrades to Walker Skate Park, 10 W. 15`h St., Fayetteville, AR 72701. All questions during the bidding process shall be
addressed to Andrea Foren, City Purchasing Manager.
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 Tuesday, January 12, 2021 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.youtube.com/user/cityoffayetteviIlear. Late or
misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of
bidder's technical equipment.
Cityo a et'
Purchasing Divisi — Room 30t\>',
113 st Idountain Street
oom§lyet Ile, AR 7J7
A non -mandatory Pre -Bid meeting will be h Tue ay, Decem a 2020 at • virtually via Zoom. Information
regarding the pre -bid meeting is availableeon a oject page y ity's electro b' ing platform. All interested parties
are encouraged to attend. O�
Each bid shall be accompanied by a cashi s check f
in an amount not less than five (5) percent of the
bond, the actual physical cashier's check sh beA
performance and payment bond is required h
nXen the State of Arkansas or a corporate bid bond
t a bidder opts to submit a cashier's check for a bid
or to the deadline. A one hundred percent (100%)
State of Arkansas Contractor's License is required for
all bidders and license shall be valid at the time bid deadlinv
e.
In an effort to understand hardships our vendors and` pprDs are facing in relation to the current COVID-19 situation, the
Purchasing Division will take feedback from plan ho and interested parties to understand the current impact to vendors
operations. •`�
Pursuant to Arkansas Code Annotated §22- 0he 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 which shall not exceed beyond ninety (90) days from the bid opening date.
City of Fayetteville
By: Andrea Foren, CPPO, CPPB
City Purchasing Manager
P: 479.575.8289 Email: aforen@fayetteville-ar.sov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 12.20.2020 & 12.27.2020
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 3 of 25
City of Fayetteville
Bid 21-20, Construction — Walker Skate Park Lighting
Bid Form
BID FORM
Contract Name: Construction — Walker Skate Park Lighting
Bid Number 21-20
BID TO:
Owner:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder:
Section 1—Intent: 1 i
1. The undersigned Bidder proposes and agre t
t� Bid is acc ted; o enter into Zeement with the City of
Fayetteville in the form included in th ntr t Doc erform an II Work as specified or
indicated in the Contract Docume s for Bid pric ithin the� tii indicated in this Bid and in
accordance with the other term a nditions of t'Q
h n ct Docum s•
�
Section 2 —Terms & Conditions: ` �
2. Bidder accepts all of the terms and condi n kof the In tionV Bid and Instructions to Bidders including
without limitation those dealing with t tion 413i s rity. This Bid will remain subject to acceptance
for 180 days after the day of Bid n idder deliver the required number of counterparts of
the Agreement with the Bonds and e d cumen fired by the Bidding Requirements within 15 days after
the date of City's Notice of Award. C7
Section 3 — Bidder's Representations:
In submitting this Bid, Bidder represents, as I t forth in the Agreement, that:
A.) Bidder has examined and carefully studi a Bid Documents, and the following Addenda, receipt of all
which is hereby acknowledged:
Number
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 4 of 25
Date
B.) Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that
may affect cost, progress, performance, and furnishing of the Work.
C.) Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,
progress, performance, and furnishing of the Work.
D.) Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the
Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to
the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges
that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder
acknowledges that City and Engineer do not assume responsibility for the accuracy or completeness of information and
data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site.
E.) Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or
supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress,
performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences,
and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto.
F.) Bidder does not consider that any additional examinatiorestigations, explorations, tests, studies, or data are
necessary for the determination of this Bid for performi a f rnishing of the Work in accordance with the times,
price, and other terms and conditions of the Contract Doc m n
I
G.) Bidder is aware of the general nature of work to��performed by "ty a others at t Zthat relates to Work for
which this Bid is submitted as indicated in the C n ct �cume t!.
H.) Bidder has correlated the information n to Bidder, in r tion and a tions obtained from visits to the
Site, reports, and drawings identified ontract c ents, and ional examinations, investigations,
explorations, tests, studies, and dat Contract s. ►
I.) Bidder has given Engineer written notice of c nflicts, er s, a iguities, or discrepancies that Bidder has
discovered in the Contract Documents, and the ri solution er f by Engineer is acceptable to Bidder.
J.) The Contract Documents are generally su " ient o indic a convey understanding of all terms and conditions for
performing and furnishing the Work for which this Bid isIGmi d.
K.) This Bid is genuine and not made in the interest o r on behalf of any undisclosed person, firm, or corporation and is
not submitted in conformity with any agreerile or s of any group, association, organization, or corporation; Bidder
has not directly or indirectly induced or so to of er Bidder to submit a false or sham bid; Bidder has not solicited
or induced any person, firm, or a corpora 'on t efrain from bidding; and Bidder has not sought by collusion to obtain
for himself any advantage over any other Bi r or over City.
L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational
Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations.
M.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation
of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of
Awards.
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 5 of 25
Section 4 — Lump Sum Base Bid Price:
REFER TO THE CITY'S ELECTRONIC BIDDING PLATFORM FOR THIS
SECTION OF THE BID FORM.
** A Contractor's License is required to bid this project. This project requires a five (5) percent bid bond in the form of
a corporate bid bond or cashier's check from a bank located in the State of Arkansas at time of bid opening. After
contract award, a one hundred (100) percent performance and payment bond is required along with proof of
insurance before construction begins.
Costs include a complete turn -key price for work indicated on drawings and in specifications provided by the Project
Manual and Drawings/Specs plus any site restoration required to return the site to its original form. All improvements
listed above shall include applicable shipping, sales tax, and an ther costs incurred to the City of Fayetteville.
The Bidder shall state the price bid in words and figures ( n e i ink or typed) for each pay item, and the total bid. In
case of conflict between words and figures, the words, unlgs viously in t, shall goverr�,
Bidder understands the City reserves the right wa he totajp t or to rejec VI bids and to waive any
informalities in the bidding.
Bidder agrees that this Bid shall be good w not be wi for a peri d0 calendar days after the scheduled
closing time for receiving bids. IR Section 5 — Listing of Subcontractors:
I, the signed General Contractor, certify th pr o Is rom theme ng subcontractors were used in the preparation
of my proposal. I agree that if I am the suc s der, d following subcontractors are approved by the City, I
will not enter into contracts with others fort se divisions o ork without written approval from the City.
NA `C:)
Section 6 — Contract Times: X
A.) Bidder agrees that the Work will be bsta'ally completed and ready for final payment within 90 calendar days
from Notice to Proceed. Due to ordering le time of equipment and parts for the project, the City intends to issue a
Notice of Award, allowing the contractor to order materials, then proceed with a formal Notice to Proceed high lead
time supplies and materials have been delivered.
B.) Liquidated damages shall be assessed in the amount of $500 per calendar day beginning with the first day after the
final day calculated by the City for substantial completion.
Section 7 — Communications:
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 6 of 25
A.) Communications concerning this Bid shall be addressed to the Bidder as follows:
Contractor:
Primary Contact:
Address:
Phone No.:
FAX No.:
Section 9 — List of Subcontractors
The undersigned submits the following makes of Subcontractors used in performing work for this project:
Subc,antm, tof s Work
Subcontractor's Name
and Address
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 7 of 25
DTected Percentaee
or Vaile
Section 9 — Signature:
A.) This bid is being submitted in good faith, according to the entire bid package presented:
SUBMITTED on this Date of
Arkansas State Contractor License No.
If Bidder is:
OPTION 1: An Individual
Name (type or printed):
By: (SEAL)
(Individual's Signature)
Doing business as:
Business address:
Phone No.: FAX
OPTION 2: A Partnership le ` �►
Partnership Name: •X SEAL
By: o
(Signature of general partner — attach evide4 e f authorit sign
Name (type or printed): •
Business address:
Phone No.:
OPTION 3: A Corporation or LLC
Corporation Name:
Date of Incorporation:
FAX No. `
Type (General Business, Professional, Service, Limited Liability):
By:
(Signature — attach evidence of authority to sign)
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 8 of 25
SEAL)
20
Name (type or printed):
Title:
(CORPORATE SEAL)
Business address:
Phone No.: FAX No.:
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 9 of 25
City of Fayetteville
Bid 21-20, Construction —Walker Skate Park Lighting
General Terms and Conditions
1. SUBMISSION OF BID & BID EVALUATION:
a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this
document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing
Division.
c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville,
Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of
the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any
packages enclosed in shipping containers or boxes.
d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at
479.575.8220 to ensure correct receipt of 61b,"ding documents prior to opening time and date
listed on the bid form.
e. Bidders shall have experience in proTV
produc nd/or services the same or similar
nature. #
f. Bidder is advised that excepti to of thete ntained in ust be identified in
its response to the bid. F ' ure t so ma Cit to c r�alh such term non-
Y � Y Y
negotiable. Proposer' sd to take exce t a non-nefti• e term will not disqualify it
from consideration r V
g. Local time is define s e time in ville, Ar a}i the due date of the deadline. Bids
shall be received before the tim own b t ato,tis
s clock located in th P r
ye Purchasing Division
Office. •
h. Bids will be evaluated an d basebest interest of the City of Fayetteville. The City
reserves the right to award ids in the' en t , none, or line item.
Y Y
i. Deductive Alternates: �
i. BIDDERS ARE REQUI JE VIDE PRICING FOR ALL LINE ITEMS. FAILURE TO PROVIDE
PRICING CAN RES fMB NG REJECTED.
ii. THE CITY INTENDSNARD THIS CONTRACT TO THE LOWEST QUALIFIED RESPONSIVE
RESPONSIBLE BIDDER BASED ON THE LUMP SUM BID AS LONG AS SUCH BID FALLS WITHIN THE
AMOUNT OF FUNDS CERTIFIED FOR THE PROJECT PLUS 25%.
iii. IN THE EVENT NO BID FALLS WITHIN THE AMOUNT OF FUNDS CERTIFIED FOR THE PROJCET,
PLUS 25%, THE CITY WILL UTILIZE DEDUCTIVE ALTERNATES, IF APPLICABLE, IN ORDER UNTIL
BIDS CAN BE COMPARED WITHIN THE AMOUNT CERTIFIED, PLUS 25%.
iv. IN THE EVENT ALL DEDUCTIVE ALTERNATES ARE SUBTRACTED AND NO BID FALLS WITHIN THE
AMOUNT CERTIFIED, PLUS 25%, ALL BIDS SHALL BE REJECTED.
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
City of Fayetteville, AR
Bid 21-20, Construction —Walker Skate Park Lighting
Page 10 of 25
documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in
writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the
response would provide clarification to the requirements of the bid. All such addenda shall become part of
the contract documents. The City will not be responsible for any other explanation or interpretation of the
proposed bid made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of
quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality,
size, design, and specification as to what has been specified, will be acceptable for consideration only if
approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept
or reject any requested equal.
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the righ elect the bid that it believes will serve the best
interest of the City.
b. The City of Fayetteville reserves the rig t ccept or ct any or all bi�
c. The City of Fayetteville reserves t rit t cancel the tire bid.
d. The City of Fayetteville resery he TYt to rein or aive tech material errors in
the invitation to bid or in bids su 'tted.
e. The City of Fayetteville re es e right to q`t any ne sfilarifications, additional
information, or data \AM anging t s of the b
5. T INCURRED
COSTS CU RED BY BIDDERS
All expenses involved with the preparation a bmission bids o the City, or any work performed in
connection therewith, shall be borne sol biddy payment will be made for any responses
received, or for any other effort req r ma bidder(s) prior to contract commencement.
6. CONFLICT OF INTEREST:
` a. The bidder represents that it prestls no interest and shall acquire no interest, either direct
or indirect, which would conf' y manner with the performance or services required
hereunder, as provided i i a tteville Code Section 34.26 titled "Authority of City
Employee to Contract h tity".
b. All bidders shall promptly notify Andrea Foren, City Purchasing Manager, 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:
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 11 of 25
A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an
authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid
unless approved by the Purchasing Division.
8. LATE PROPOSAL OR MODIFICATIONS:
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in
writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids.
Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents
prior to opening time and date listed.
9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. 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 Fa ville encourages all general contractors to
subcontract portions of their contract d small, minority and women business
enterprises.T41**^
Z
10. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidde , t e dder a • t ri ake a it a overnment agencies,
departments, municipalities, and cou 'es, a proposa submitt ordance with said proposal
terms and conditions therein, sh n aid gover I entity d s uy under this proposal.
Eligible Users shall mean all s an ag legi i d judicial branches, political
subdivisions (counties, local this ' school bo mmunity eges, municipalities, counties, or other
public agencies or authorities), which may r o purcha un r the terms and conditions of the
contract. •
11. COLLUSION: `
The Proposer, by affixing his or her signature roposal, agrees to the following: "bidder certifies that
his or her bid is made without previous under tan i g, agreement, or connection with any person, firm or
corporation making a proposal for the s (s) and/or services and is in all respects fair, without
outside control, collusion, fraud, or it gal action."
12. RIGHT TO AUDIT FOIA AND JURIS T
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records
relate to purchases between the City and said vendor.
Freedom of Information Act: City contracts and documents prepared while performing City
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (Contractor) will do
everything possible to provide the documents in a prompt and timely manner as prescribed in
the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 12 of 25
c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas
law applying to the case.
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the
goods and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for bid apply to this contract except as specifically
stated in the subsequent sections of this document, which take precedence, and should be fully understood
by bidders prior to submitting a proposal on this requirement.
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
16
17
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device r the deaf), not later than seven days prior to the
deadline. Persons needing translation of this docume s II contact the City of Fayetteville, Purchasing
Division, immediately. �/
PROCUREMENT POLICY FOR RECYCLED MAT IA .
The City of Fayetteville wishes to encour its ders toucled proilling contractual
obligations to the City and that such ractic ill serves del for r p $1icentities and private
sector companies.
PAYMENTS AND INVOICING: `
The bidder must specify in their * the exac
invoices submitted for payment as a resin
for immediately notifying the PurchaAlng v
invoicing to change from the name u �
days of invoice received. The City of Fa etteN
penalty for untimely payments. Payments ca
additional costs to the City for expedited pi�
deposit or retainer that would remainpre
the bidder would not justify such fer.
ny nakea.raddress which must be the same as
rd of thiFurther, the successful bidder is responsible
of a • ny name change, which would cause
ic�riginal bid. Payment will be made within thirty
dit worthy and will not pay any interest, fees, or
d through bidder's acceptance of Visa at no
processing. The City will not agree to any nonrefundable
the bidder even if the hourly work actually performed by
The City will pay the awarded bidderNeifed on unit prices provided on invoicing. Progress payments will be
made after approval and acceptance of work and submission of invoice. Payments will be made within 30
days of accepted invoice.
18. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior
notice to the Contractor in writing of the intention to cancel or with cause if at any time the
Contractor fails to fulfill or abide by any of the terms or conditions specified.
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 13 of 25
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.
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 contraftshall terminate of the last day of the current
fiscal period without penalty or expense to the City.
19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a bidder intends to subcontract a portion of this
work, the bidder shall disclose such intent in the bid submitted as a result of this bid.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written
notice to the City within thirty (30) calend ^s of Contractor's notice of such action or upon
the occurrence of said action, whichev r first. The right to terminate this contract, which
shall not be unreasonably exercised by th ty, shall i de, but not beoted to, instances in
which a corporate acquisition an r rver er represen conflict of i or are contrary to
any local, state, or federal law ctiry the fit ar ing a pro a firm that has
disclosed its intent to assi nor s act i 't ve�ponse t h i out exception shall
constitute approval for p se this Agre t.
•
20. NON-EXCLUSIVE CONTRACT: `
Award of this bid shall impose n I ligation oty to utili e vendor for all work of this type, which
NI
may develop during the contract period. T i tan excl ve c tract. The City specifically reserves the
right to concurrently contract with othe o p ies for• ' la ork if it deems such an action to be in the
City's best interest. In the case of m - m co a is provision shall apply separately to each item.
21. LOBBYING: CM
Lobbying of selection committee members, ` of.Payetteville employees, or elected officials regarding
request for proposals, request for qualifi bids or contracts, during the pendency of bid protest, by
the bidder/proposer/protestor or a • rr the bidder's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any rssomployed by any legal entity affiliated with or representing an
organization that is responding to th quest 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.
City of Fayetteville, AR
Bid 21-20, Construction —Walker Skate Park Lighting
Page 14 of 25
22. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this bid from the bidder. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the
Contractor shall provide such additional requirements as may become necessary.
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or
individually, at the City's sole option, at any time after award has been made as may be deemed necessary
or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this
contract in accordance with the terms, conditions, and specifications.
24. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in
the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid
form(s) if sufficient space is not available on the original form for the bidder to enter a complete response.
Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise,
will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes
to propose shall be clearly stated in the bidder's resp and presented in the form of an addendum to the
original bid documents.
25. OTHER GENERAL CONDITIONS:
I
Bidder is presumed to be familiar wit I f al, state,
in any manner affect those engaged r oyed in e
that in any way affect the Work -al sha in all resp
regulations. No claim of misuR e Vding or ig
serve to modify the provihe contraIrepre
th t t
Z
a cit laws, orJll$
nd regulations which
or th equipment used, or
�dTnply wit s, ordinances, and
on the p �f idder or Proposer will in any way
;end rtiall be binding unless embodied in
e con rac . N
b. Prices shall include all labor, material ad, profi urance, shipping, freight, etc., to cover the
products and services presented -All able s s� all be included in the bid price. s
c. Each bidder should state the antic ated number ys from the date of receipt of an order for
delivery of services to the City of Fayette�e�
d. Bidders must provide the City with their b s signed by an employee having legal authority to submit
bids on behalf of the bidder. The a,@tXco f preparing and providing responses shall be borne by the
bidder. C ,`
e. The Cityreserves the right to re �C an additional information it deems necessary from an or all
g q Y Y Y
bidders after the submission deadline.
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
City of Fayetteville, AR
Bid 21-20, Construction —Walker Skate Park Lighting
Page 15 of 25
k.
must be received within five working days following the request.
NOTE: Any uncertainties shall be brought to the attention to Andrea Foren immediately via telephone
(479.575.8289) or e-mail (afore n@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville
Purchasing Division to provide documents providing a clear and accurate understanding of the scope of
work to be completed and/or goods to be provided. We encourage all interested parties to ask
questions to enable all bidders to be on equal bidding terms.
Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Andrea Foren, City of Fayetteville, Purchasing Manager via e-mail (aforen@fayetteville-ar.gov) or
telephone (479.575.8289). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if
any, will be provided to all firms via written addendum. Names of firms submitting any questions,
clarifications, or requests will not be disclosed until after a contract is in place.
Any information provided herein is intended to assist the bidder in the preparation of proposals
necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with
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.
Bidders irrevocably consent that any legal action o ro eding against it under, arising out of or in any
manner relating to this Contract shall be prevai e y ansas w. Proposer here expressly and
irrevocably waives any claim or defense inany�i ction or pr ing based ni ►alleged lack of
jurisdiction or improper venue or any simAa ! is.
The successful bidder shall not assign th ole or a this C r ctt ny monies due or to
become due hereunder without en nsent of y ayettevil?e the successful bidder
assigns all or any part of any 41 e or to b o ue under tract, the Instrument of
assignment shall contain a bstantiall �tllee effect is ed that the right of the assignee in
and to any monies due or to me due ccess ul bi er shall be subject to prior liens of all
persons, firms, and corporations for se ndered o aterials supplied for the performance of the
services called for in this contract_ '.
m. The successful bidder's attention i ec
municipal ordinances, and the rules'and
shall apply to the contract throughout, a
written out in full herein. The su
th c tFiat all applicable Federal and State laws,
rtions all authorities having jurisdiction over the services
'y>ill be deemed to be included in the contract as though
r shall keep himself/herself fully informed of all laws,
ordinances and regulations of the I State, and municipal governments or authorities in any manner
affecting those engaged or emp yed providing these services or in any way affecting the conduct of the
services and of all orders and dec of bodies or tribunals having anyjurisdiction or authority over same.
If any discrepancy or inconsistency should be discovered in these Contract Documents or in the
specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he
shall herewith report the same in writing to City of Fayetteville.
26. INVOICING: All invoices shall be presented to the City with the minimum information listed below.
a. City Department that ordered the materials or services
b. Order Date
c. Delivery date or the date of services
Name of the City Employee that requested or picked up the goods, materials, or service
Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing.
City of Fayetteville, AR
Bid 21-20, Construction —Walker Skate Park Lighting
Page 16 of 25
City of Fayetteville
Bid 21-20, Construction — Walker Skate Park Lighting
Bidding Conditions
PART ONE - DEFINITIONS
1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the
meanings assigned to them in the General Conditions. Certain additional terms used in these
Instructions to Bidders have the meanings indicated below which are applicable to both the singular and
plural thereof.
1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which
submits a bid to a Bidder.
1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding
procedures are to be administered.
1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on
the basis of the City of Fayetteville's evaluation as�nafter provided) makes an award.
PART TWO - COPIES OF BIDDING DOCUMENTS v z
2.1 Complete sets of the Bidding Docu s i e nufor the d if any, stated in the
Advertisement for Bids may be o taine f m the Is fice.
2.2 Complete sets of Bidding D c must be s in prepay. Neither City of Fayetteville nor
Architect assumes any ility for ° or m' rations resulting from the use of
incomplete sets of Bidding D ments. �+
2.3 City of Fayetteville and Architec g copi ing Documents available on the above terms
do so only for the purpose of ob g ids fo rk and do not confer a license or grant for any
other use.
PART THREE - EXAMINATION OF SITE AND CON CT CCUMENTS
•
3.1 Bidders are advised that the Dr ina d Specifications are on file at the City of Fayetteville Purchasing
Division and shall constitute all information which the City of Fayetteville shall furnish. No other
information given or sounding made by the City of Fayetteville or any official thereof, prior to the
execution of said contract, shall ever become a part of, or change the contract, drawings, specifications
and estimates, or be binding on City of Fayetteville.
Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and
Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions;
inform themselves by their independent research and sounding of the difficulties to be encountered,
and all attending circumstances affecting the cost of doing the work, and the time specified for its
completion; and obtain all information required to make an intelligent bid.
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 17 of 25
3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are
necessary for full and complete information upon which the bid may be made and for which a contract
is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a
statement that all bids are made with the full knowledge of the difficulties and conditions that may be
encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials
required and with full knowledge of the drawings, profiles, specifications, and estimates and all
provisions of the contract and Bonds.
3.3 Bidders shall promptly notify Architect of all conflicts, errors, ambiguities, or discrepancies which Bidder
has discovered in or between the Contract Documents and such other related documents.
3.4 Information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based upon information and data furnished to City
of Fayetteville and Architect by City of Fayetteville's of such Underground Facilities or others, and City of
Fayetteville and Architect do not assume responsibility for the accuracy or completeness thereof unless
it is expressly provided otherwise in the Supplementary Conditions.
3.5
3.6
3.7
On request, City of Fayetteville will provide each Ear, access to the site to conduct such examinations,
investigations, explorations, tests, and studies Bidder deems necessary for submission of a Bid.
Bidder must fill all holes and clean up and resto e site t ' former condit' upon completion of
such explorations, investigations, tests, a st+�di s.
Reference is made to the General Requi a ents fo itificati I�eneral nature of work that
is to be performed at the site Cit of Fayett vio r other s1'as utilities and other prime
contractors) that relates to tR r for whic s to be s r d. On request, and as available,
City of Fayetteville will o �to each e for ex a access to or copies of Contract
Documents (other than por thereof ro prick) fo�ch work.
The submission of a Bid will co stiReaNnincont?e representation by Bidder that Bidder has
complied with every requireme Arti t without exception the Bid is premised upon
performing and furnishing the rk required b e Contract Documents and applying the specific
means, methods, techniques, sequencesV, cedures of construction (if any) that may be shown or
r c
indicated or expressly required by the L�ntt Documents, that Bidder has given Architect written
notice of all conflicts, errors, ambj X�6 �, d discrepancies that Bidder has discovered in the Contract
Documents and that the writte IyXu'N6ns thereof by Architect are acceptable to Bidder, and that the
Contract Documents are gene ly ufficient to indicate and convey understanding of all terms and
conditions for performing and furnishing the Work.
PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and
other lands designated for use by Contractor in performing the Work are identified in the Contract
Documents. All additional lands and access thereto required for temporary construction facilities,
construction equipment, or storage of materials and equipment to be incorporated in the Work are to
be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in
existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the
City of Fayetteville, AR
Bid 21-20, Construction —Walker Skate Park Lighting
Page 18 of 25
Contract Documents.
PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true
meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from
any part of the proposed Contract Documents, he should submit a written request for interpretation
thereof to the Architect not later than seven days before the date set for bid opening. The person
submitting the request shall be responsible for its prompt delivery.
5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all
holders of Bidding Documents. Only questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be
responsible for any other explanations or interpretations of the proposed Contract Documents.
5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of
Fayetteville.
5.4 Bidder assumes all responsibility for checki ity's website at www.accessfayetteville.org for
updates and addenda issued to this project.
I
PART SIX -APPROXIMATE ESTIMATE OF QUA TIE
6.1 The provided estimate of quanti is proximat oand shall basis for receiving unit price
bids for each item but shall nsidered ers as ac%antities that may be required for
the completion of the pr oork. Howe ch qua . . the unit and lump sum prices bid for
each item, shall determine amount bid for co arison of Bids and aid in determining the
low and responsive Bidder for the pur awardin e c ntract, and will be used as basis for fixing
the amount of the required Bon
PART SEVEN - PRICES
7.1 Bidders must state a price for eaerings.
o named in the Bid Form. Unit and Lump Sum prices shall
include amounts sufficient for tof all labor, materials, tools, equipment, and apparatus of
every description to construcfinish completely all of the work as called for in the
Specifications or indicated on t
7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be
done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville
may be rejected at the discretion of City of Fayetteville.
7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work
required and has reviewed the Drawings and Specifications to verify the full scope of the Work.
PART EIGHT- BID FORM
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 19 of 25
8.1 Bids are due as indicated in the Advertisement for Bids.
8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. The unit price or
lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces
provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise
as to their intent and meaning. In case of a difference in the written words and figures, the amount
stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit
prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any
column of figures and the correct sum thereof will be resolved in favor of the correct sum.
8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called
for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to
Bidders may be rejected as informal or non -responsive at the option of City of Fayetteville. However,
City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and
to make the award in the best interest of City of Fayetteville.
8.4 Address sealed bids to City of Fayetteville, and deliver to the address given in the Advertisement for Bids
on or before the day and hour set for opening tds. Enclose the completed Bid Form and Project
Manual in a sealed envelope bearing the title t oject, the name of the Bidder, Bidder's Arkansas
Contractor's License Number, and the date an ur oft id opening. If(� s. sealed envelope is
delivered by a public carrier, it must be tai�ie in another Vvelope addr NVo City of Fayetteville
and the attention of the project na the sale spo sibility of o see that the Bid is
received on time. �'
8.S Acceptance of deductive alte s is at th i Fayette v �/scretion, as best services the City
of Fayetteville's interest. uctive alt if pres I be provided on the Bid Form. The
price of the Bid for each de tive alter I be the a unt to be deducted from the price of the
Total Base Bid if the City of Fayettev' cts any o e a ernates. The unit price amount for each
alternate shall be the same as th un e mounts the Bid.
8.6 No Bidder shall divulge the infor tion in the Bi any person whomsoever, except those having a
partnership or other financial interest witlhl7 the Bid, until after the bids have been opened.
PART NINE - SIGNATURE ON BIDS x
9.1 If the Bid is made by an indiv ual`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 21-20, Construction —Walker Skate Park Lighting
Page 20 of 25
9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed
with City of Fayetteville.
9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda.
PART TEN - BID SECURITY
10.1 A five percent (5%) bid security, in the form of a bid bond, or cashier's check from a bank located in the
State of Arkansas, as stated in the Advertisement For Bids, shall accompany each bid. Bid bonds for the
difference in price between low bidder and second low bidder shall not be acceptable. The Successful
Bidder's security will be retained until City of Fayetteville receives a signed Agreement and required
Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement
and furnish the required contract security within fifteen days after the Notice of Selection, City of
Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited.
10.2 The City of Fayetteville reserves the right to retain the security until the Successful Bidder enters into
the Contract or until sixty (60) days after bid opeVMwhichever is sooner. Cash equivalent security of
the second and third low bidder may be exch e o an equivalent bid bond after bid tabulations are
complete or thirty (30) days after bid opening, ever is s r.
PART ELEVEN - PERFORMANCE BOND AND P EE ND A*N SU ANCE
11.1 Prior to signing the Agreement, ntr for shall r `a suretmance Bond and a payment
Bond, each equal to one hun&, ent of th t ct price.
11.2 Contractor shall pay all exp es in con with the aining of said Bonds. The Bonds shall be
conditioned that Contractor shall fait rform th ntract and shall pay all indebtedness for labor
and materials furnished or perfo R2 n e onstr'lr l such alterations and additions as prescribed
in this contract. Y101
11.3 The surety company issuing the Bonds r% a solvent company on the "Surety Companies Annual
List" issued by the U.S. Department of th Tr e sury, and the Bonds are not to be issued in an amount
greater than the underwriting limitiI s the surety company as set out therein.
11.4 In Arkansas, prevailing law req.Q>Yat performance and payment Bonds on public works contracts
shall be executed by a resident ocal 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, and file
marked by the Washington County Circuit Clerk.
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
City of Fayetteville, AR
Bid 21-20, Construction —Walker Skate Park Lighting
Page 21 of 25
notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein
specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the
discretion of Contractor.
11.7 The Contractor shall maintain the following insurance throughout the term of the project until
completed by the City:
• Builder's Risk Coverage
• General Liability Insurance, minimum $1,000,000 aggregate
• Worker's Compensation, as required by state law
• Automobile insurance
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 O
13.1 Provisions for liquidated damages, if any, are set h in the M.
I
PART FOURTEEN - SUBCONTRACTORS SUPP AA OTHER
14.1 Contractor shall not assign or su all or any part t i contract(�it u the prior written approval of
City of Fayetteville nor shal or allow c u contrac iOdommence work until approval of
workman's compensation e and pu i i ility ins c may be required. Approval of each
subcontract by City of Faye t ille will in ner r leas ontractor from any obligations as set out
in the Drawings, Specifications, contr Bonds.
•
PART FIFTEEN - SUBSTITUTE AND "OR E I MS `
15.1 Any reference to a particular brand or n%47ture is in an effort to establish an acceptable level of
quality for this purchase. Brands or m acturers that are included in a bid that are of at least equal
quality, size and specification as tc t h been specified, will be acceptable for consideration.
PART SIXTEEN - COMPLIANCE WITH STENSING LAW
16.1 A Contractor's License is required to bid this project, however, prior to executing the agreement with
the City of Fayetteville, the Contractor shall be licensed in accordance with the requirements of Act 150,
Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors" for bids in excess of $20,000.
PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS
17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five
days after bid opening, upon City of Fayetteville's or Architect's request, detailed written evidence such
as financial data, present commitments, and other such data as may be called for. Each Bid must contain
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 22 of 25
evidence of Bidder's qualification to do business in the State of Arkansas.
PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS
18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and
the rejection of Bids.
18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under
the same or different names.
18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as
bidders for any future work.
18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other
items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of
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 f* Q
statement, experience, plant, and equipment
statements submitted. Lack of responsibilityT
own byt work judged®m the standpoint of
workmanship and progress. V
18.6 Uncompleted work which, in th61rde
of City teville, i tier or prevent the prompt
completion of additional work if
18.7 Being in arrears on exist' acts, in li with wf etteville, or having defaulted on a
previous contract.
PART NINETEEN - OPENING OF BIDS •
19.1 Bids will be opened and read alou publicly at the ce where Bids are to be submitted in a room to be
designated by City of Fayetteville the da%o bid opening. An abstract of the amounts of the base
Bids and major alternates (if any) will be de vailable to Bidders after the opening of Bids.
•� PART TWENTY -CONSIDERATION OF BI `
20.1 After the bids are opened and rea , 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
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 23 of 25
Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance
requirements, performance data, and guarantees of major items of materials and equipment proposed
for incorporation in the Work when such data is required to be submitted prior to the Notice of
Selection.
PART TWENTY-ONE -RIGHT TO REJECT BIDS
21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise
for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to
decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be
given to the reputation, financial ability, experience and equipment of the Bidder.
21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in
the Work and to negotiate contract terms with the Successful Bidder.
PART TWENTY-TWO - AWARDING OF CONTRACT
22.1 City of Fayetteville reserves the right to withhold warding of a contract a reasonable period of time
from the date of opening bids, not to exceed i `:iPi days except with the consent of the Successful
Bidder. The awarding of a contract upon a succe I Bid sha e the Bidder nht to action or claim
against City of Fayetteville upon the con ct.6n the contra is educed lwg and signed by the
contracting parties. The letting of a ntr shall nQt co plete un V tract is executed and
the necessary Bonds approved.
PART TWENTY-THREE - RETAINAGE •
.N6 0
23.1 Provisions concerning retain and Con rights to osit securities in lieu of retainage are set
forth in the Agreement.
•
PART TWENTY-FOUR - SIGNING OF AGRIVem
24.1 When City of Fayetteville gives a Notice CkS ion to the Successful Bidder, it will be accompanied by
the number of unsigned counterparts of e greement as indicated in the Supplementary Conditions,
with all other written Contract D4X�e �- ttached. Within ten (10) days thereafter, Contractor shall
sign and deliver the required nqV1
i`Iounterparts of the Agreement and attached documents to City
of Fayetteville with the requires & Certificate of Insurance. Within ten (10) days thereafter City
of Fayetteville shall deliver one fgnedcounterpart to Contractor.
PART TWENTY-FIVE - MATERIALS GUARANTY
25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin,
composition, or manufacture of any or all materials proposed to be used in the construction of the
Work, together with samples, which may be subjected to tests provided for in the Specifications to
determine their quality and fitness for the Work.
PART TWENTY-SIX - FAMILIARITY WITH LAWS
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 24 of 25
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
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 genermit ARR001000 prior to commencing work at the
site. D,
27.3 Arkansas Act 291 of 1993, dealing with a va#Po safety, sign in o law on ram, 1993.
PART TWENTY-EIGHT —PAST EXPERIENCE R Q •
V `
28.1 All bidders shall have past exa 1 in providi ar work 1 ibed for this project. The City of
Fayetteville reserves the r ject for in. q to exp
End of Section •
•NAO
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 25 of 25
Epp 1paGENERAL NOTES
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]AS• FAYETTEVILLE SKATE PARK :•'• "E� 1i Fouy,...tom um CITY OF FAYETTEVILLE
iV
tUCi R1U� ru & E"tEpM rECt" 113 WEST MOUNTAIN STREET
• " OE3ICN CO.W,TmA�I ♦j .
a FAYETTEVILLE, ARKANSAS 72701
ELECTRICAL SPECIFICATIONS
Bid 21-20, Addendum 1
Date: Tuesday, December 29, 2020
To: All Prospective Vendors
From: Andrea Foren — aforen@fayetteville-ar.gov
RE: Bid 21-20, Construction — Walker Skate Park Lighting
,. CITY OF
FAYETTEVILLE
ARKANSAS
This addendum is hereby made a part of the contract documents to the same extent as though it were originally included
therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD
ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
1.
The City hereby reschedules a non -mandatory pre -bid mee . on Tuesday, January 5, 2021 at 11:00 AM Central Time
(US and Canada) virtually via Zoom. Information regardin he re -bid meeting is available on the project page on the
City's electronic bidding platform (or below). All inter es are encouraged to attend.
Topic: Pre -Bid Meeting: Bid 21-20, Constrq(Ua
nn - Iker Skit Lighting (Re
Time: Jan 5, 2021 11:00 AM Central T'me Canada
Join Zoom Meeting
Meeting ID: 910 9594 5220
Passcode: 376277
Dial by your location
+1 646 558 8656 US (New York) •
*A
+1 301 715 8592 US (Washingtto
+1 312 626 6799 US (Chicago) c
+1 669 900 9128 US (San Jose)
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
877 853 5257 US Toll -free
888 475 4499 US Toll -free
Meeting ID: 910 9594 5220
Find your local number: https://zoom.us/u/abH6uANzVl
City of Fayetteville, AR
Bid 21-20, Addendum 1
Page1�1
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
Contract for Bid 21-20
Appendix B
Bid Submittal —
Electrical Resources,
Inc.
City of Fayetteville
Bid 21-20, Construction — Walker Skate Park Lighting
Bid Form
BID FORM
Contract Name: Construction — Walker Skate Park Lighting
Bid Number 21-20
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
PJMP i ty.rA7Z `72-71 q
Section 1— Intent:
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of
Fayetteville in the form included in the Contract Documents to perform and furnish all Work as specified or
indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in
accordance with the other terms and conditions of the Contract Documents.
Section 2 — Terms & Conditions:
2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including
without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance
for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of
the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after
the date of City's Notice of Award.
Section 3 — Bidder's Representations:
In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A.j Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all
which is hereby acknowledged:
Number Date
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 4 of 25
B.) Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that
may affect cost, progress, performance, and furnishing of the Work.
C.) Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,
progress, performance, and furnishing of the Work.
D.) Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the
Site and all drawings of physical conditions in or relating to existing surface -or subsurface structures at or contiguous to
the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges
that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder
acknowledges that City and Engineer do not assume responsibility for the accuracy or completeness of information and
data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site.
E.) Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or
supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress,
performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences,
and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto.
F.) Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are
necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times,
price, and other terms and conditions of the Contract Documents.
G.) Bidder is aware of the general nature of work to be performed by City and others at the Site that relates to Work for
which this Bid is submitted as indicated in the Contract Documents.
H.) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the
Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
I.) Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has
discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder.
1.) The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Work for which this Bid is submitted.
K.) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is
not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder
has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited
or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain
for himself any advantage over any other Bidder or over City.
L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational
Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations.
M.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation
of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of
Awards.
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 5 of 25
Section 4 - lump Sum Base Bid Price:
REFER TO THE CITY'S ELECTRONIC BIDDING PLATFORM FOR THIS
SECTION OF THE BID FORM.
** A Contractor's License is required to bid this project. This project requires a five (5) percent bid bond in the form of
a corporate bid bond or cashier's check from a bank located in the State of Arkansas at time of bid opening. After
contract award, a one hundred (100) percent performance and payment bond is required along with proof of
insurance before construction begins.
Costs include a complete turn -key price for work indicated on drawings and in specifications provided by the Project
Manual and Drawings/Specs plus any site restoration required to return the site to its original form. All improvements
listed above shall include applicable shipping, sales tax, and any other costs incurred to the City of Fayetteville.
The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total bid. In
case of conflict between words and figures, the words, unless obviously incorrect, shall govern.
Bidder understands the City reserves the right to award the total project, or to reject any or all bids and to waive any
informalities in the bidding.
Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled
closing time for receiving bids.
Section 5 - listing of Subcontractors.
1, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation
of my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I
will not enter into contracts with others for these divisions of the Work without written approval from the City.
NA
Section 6 - Contract Times:
A.) Bidder agrees that the Work will be substantially completed and ready for final payment within 90 calendar days
from Notice to Proceed. Due to ordering lead time of equipment and parts for the project, the City intends to issue a
Notice of Award, allowing the contractor to order materials, then proceed with a formal Notice to Proceed high lead
time supplies and materials have been delivered.
B.) Liquidated damages shall be assessed in the amount of $500 per calendar day beginning with the first day after the
final day calculated by the City for substantial completion.
So-ettako—= Co tmuf*800fts;
City bf Nycittovllle, AR
Did ?1-20, Cpnwtmion - Walker Skate Park Lighting
Page 6 of 25
A.) Communications concerning this Bid shall be addressed to the Bidder as follows:
Contractor: [ I 'C-'CT-R i c t_ IN C.
Primary Contact: M) Lr(--57Z7)
Address. 2-18 K . VA. )(, r I (' Fes' i C�'i c�r`t AV— _z_-719
Phone No.:
FAX No.:
Section 9 — list of Subcontractors
The undersigned submits the following makes of Subcontractors used in performing work for this project:
Subcontractor's k'ork Subcona-actofs o�une
and Address
A,
City of Fayetteville, AR
Bid 21-20, Construction - Walker Skate Park Lighting
Page 7 of 25
Expected Percentage
or Vahle
_� LA
Section 9 — Signature:
A.) This bid is being submitted in good faith, according to the entire bid package presented:
SUBMITTED on this t9-11- Date of JfA r,LUn-]?y , 20 Z)
Arkansas State Contractor License No. GC6?-7R0( 2 1
If Bidder is:
OPTION 1: An Individual
Name (type or printed):
By: (SEAL)
(Individual's Signature)
Doing business as:
Business address:
Phone No.: FAX No.
OPTION 2: A Partnership
Partnership Name:
By:
SEAL)
(Signature of general partner — attach evidence of authority to sign)
Name (type or printed):
Business address:
Phone No.: FAX No.
OPTION 3: A Corporation or LLC
.ti
Corporation Name: G'R_I< L �C—Snt �rZ.C�STf r tr . (SEAL) _
Date of Incorporation: 3 — % — Gfj.
Type (General Business, P ofe sional, Se ice, Limited Liability):
By:
(Sig re — attach evidence o uthori )
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 8 of 25
Name (type or printed): .) (. bl\e � 0. ' 1/j iLF(�i?i�
Title: I KC-S 11�C_.r�1 r
(CORPORATE SEAL)
Business address: 2-38 d . Nla ur 14w 'fin.
i".c�.�-rz--x. j A2 -7-Z--7 ic•
Phone No.: '��.7C�--715—'� 'i�i(� FAX No.:
End of Section — Bid Form
City of Fayetteville, AR
Bid 21-20, Construction — Walker Skate Park Lighting
Page 9 of 25
MINUTES OF SPECIAL MEETING
OF THE
BOARD OF DIRECTORS
OF
ELECTRICAL RESOURCES, INC.
A special meeting of the Board of Directors of Electrical Resources, Inc. was held at the
corporate offices in Rogers, Arkansas on July 2, 2009, pursuant to a waiver of notice and consent,
evidenced by the signature of each Director at the conclusion of these minutes.
wit:
E:aeh director was present.
Upon motion duly made and seconded, the following Resolution was unanimously adopted, to
-BE I-r RESOLVED, that First National Bank of Centerton, be designated as a
depository of the funds of this Corporation and all checks, drafts, or other orders for payment of
money may be endorsed for deposit by stamp or personal endorsement of any officer or
employee and deposited in said account.
"BE lT RESOLVED that any of the following:
NAME TITLE
James I-1. Milford
Barbara Milford
Corey Milford
Chase Milford
William D. Milford
President
Secretary/Treasurer
Vice President
Vice President
Vice President
be and hereby are authorized to draw checks, drafts or other orders for the payment of money on
said account and the Bank is authorized to honor the same including checks and drafts payable
to this Corporation or to bearer or to the order of the person signing the same.
"BE rr RESOLVED that the following:
NAME 'f1TLE
James H. Milford President
Barbara Milford Secretary/Treasurer
GRANITE RE, INC.
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Electrical Resources, Inc.
as principal, hereinafter called the Principal, and
Granite 'Re, Inc., 14001 Quailbrook Drive, Oklahoma City, OK 73134
a corporation duly organized under the laws of the State of Minnesota as Surety, hereinafter called the Surety,
are held and firmly bound unto City of Fayetteville
as Obligee, hereinafter called the Obligee, in the sum of
FIVE Percent of the Bid Amount, Dollars (S S%of Bid Amount )
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHERLAS, the Principal has submitted a bid for
Project: Walker Skate Park Lighting
Bid Date: 01/12/2021
The conditions of this Bond are such that if the Obligee accepts the bid of the Principal within the time specified in the bid documents or
within such time period as may be agreed to by the Obligee and Principal, and the Principal either (1) caters into a contract with the Obligcc
in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a
surety admitted in the jurisdiction of the Project and otherwise acceptable to the Obligee, for the faithful performance of such Contract and
for the prompt payment of labor and material furnished in the prosecution thereof: or (2) pays to the Obligec the difference, not to exceed the
amount of this Bond, between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with
another party to perform the work covered by said bid. then this obligation shall be null and void, otherwise to remain in full force and effect.
The Surety hereby waives any notice of an agreement between the Obligee and Principal to extend the time in which the Obligee may accept
the bid. waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids, and the Obligee and Principal shall obtain the Surety's consent loran extension beyond sixty (60) days.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project. any provision in this
Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this bond shall be construed as a statutory
bond and not as a common law bond.
Signed and scaled this 12th day of January 2021
Electrical Resources, .
Witness itfe (Seal)
Granite Re, Inc.
Attorney in Fact DanraLee Schnedier (Seal)
GR0614-2
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the
City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
BILLY EUGENE BENNETT JR.; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL: STEVEN WAYNE HUTCHINS; TRACY FLETCHER its true and lawful
Attorney -in -Facts) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts
and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a
part of this Power of Attorney: and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the
said:
BILLY EUGENE BENNETT JR.: DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; STEVEN WAYNE HUTCHINS; TRACY FLETCHER may lawfully do in the
premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures
of its President and Assistant Secretary. this 3,d day of January, 2020.
Kenneth D. WhittinciltIon, President
STATE OF OKLAHOMA
SS:
COUNTY OF OKLAHOMA)
Kyle P. McDonald, Assistant Secretary
On this 3,d day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P.
McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that
they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the
corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the seal affixed
to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed
their name thereto by like order as President and Assistant Secretary, respectively, of the Company.
PWi-1 My Commission Expires:
Lti,ui�Y 1 �
April 2l , 2023 - Notary Public
Commission ft: 11003620 ?i�;•`
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the
following resolution is a true and correct excerpt from the July 15, 1987. minutes of the meeting of the Board of Directors of Granite Re, Inc. and that
said Power of Attorney has not been revoked and is now in full force and effect.
"RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to
appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and
surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or
evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this
1 ?thday of dantiary 202J—.
Kyle P. McDonald, Assistant Secretary
GRO800-1
Item Number Item Quantity Requh Unit of Measur(Unit Price
1 Total Base Bid
#1-1 Mobilization - Shall r 1 Lump Sum 2000
#1-1 Mobilization - Shall r 1 Lump Sum 2000
#1-2 Insurance and Bondi 1 Lump Sum 1760
#1-3 Total Remaining Cos 1 Lump Sum 84160.84
1 /12/2021
Proposal Data
Back to Project
Bid 21-20, Construction - Walker Skate Park Lighting - Proposal Data
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Supplier
AR Secretary of
Arkansas
Pursuant Arkansas Code Annotated §26-1-503, the Con
State Filing #
Contractor's
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 mm
A8_A_Serv_ice Electric Incorporated
lScorecard
62-1679476
0075980421
Yes
. Open...
Electrical Resources, Inc.
#100130181
#0057780521
Yes
Scorecard ,' Open... .
Innovative Power Solutions
800010491
AR 0173390421 April
Yes
Scorecard]'Ope—n j
C
28, 2020 - April 30,
' —
2021
0 Help
https://fayetteviIle-ar.bonfirehub.com/projects/36292/proposalData 1 /1
Contract for Bid 21-20
Appendix C
Recommendation for Award
FAYETTEVILLE
AR IAA NSAS
BID TABULATION
BID 21-20, CONSTRUCTION - WALKER SKATE PARK LIGHTING
Deadline: Tuesday, January 12, 2021 before 2:00 PM, Local Time
Certification Amount: $ 93,000.00
25%Allowance: $ 23,250.00
Total Allowance: $116,250.00
A&A Service Electric
Incorporated
Electrical Resources, Inc.
Innovative Power Solutions
$162,700.00
$87,920.84
$109,745.00
Total Base Bid!
q
Items
Quantity
Unit of
Unit
Total
Unit
Total
Unit
Total
Required
Measure
Price
Cost
Price
Cost
Price
Cost
a
Mobilization - Shall not exceed 5% of Total Base Bid
1
Lump Sum
$5,500.00 $5,500.00
$2,000.00 $2,000.00
— 0 -
$5,000.00 $5,000.00
#1-1
a1-2
Insurance and Bonding
1
Lump Sum
$1,900.00 $1,900.00
$1,760.00 $1,760.00 I
$1,301.00 $1,301.00
n1-3
Total Remaining Costs to Complete Project
1
Lump Sum
$155,300.00 $155,300.00
$84,160.84 1784,160.84 '
$103,444.00 $103,444.00
*NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CIT• or
FAYETTEVILLE
ARKANSAS
Bid 21-20, Construction - Walker Skate Park
Lighting
Project Overview
Project Details
Reference ID
Bid 21-20, Construction - Walker Skate Park Lighting
Project Name
Bid 21-20, Construction - Walker Skate Park Lighting
Project Owner
Andrea Foren
Project Type
ITB
Department
Purchasing
Certification Amount
$93,000.00
25% Allowance
$23,250.00
Total Allowance
$116,250.00
Project Description
The City of Fayetteville is accepting bids from properly licensed and
authorized firms for work related to electrical lighting upgrades to Walker
Skate Park in Fayetteville, AR. All questions during the bidding process
shall be addressed to Andrea Foren, City Purchasing Manager at
aforen@fayetteville-ar.gov.
Open Date
Dec 21, 2020 12:00 AM CST
Close Date
Jan 12, 2021 2:00 PM CST
Highest Scoring Supplier Score
Electrical Resources, Inc. 100 pts
Generated on Jan 12, 2021 4:39 PM CST - Adonis Bwashi
Page 1 of 8
C.r, OF
AY1LL6
ABEW KSARKANSA S
Seal status
Requested Information Unsealed on Unsealed by
I
Bid Bond ! Jan 12, 2021 2:03 PM CST
Adonis Bwashi
I
i
Required Signature Form Jan 12, 2021 2:03 PM CST
I
Adonis Bwashi
i
AR Secretary of State Filing #
Jan 12, 2021 2:03 PM CST
Adonis Bwashi
Arkansas Contractor's License
Jan 12, 2021 2:03 PM CST
I
Adonis Bwashi
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
Jan 12, 2021 2:03 PM CST
Adonis Bwashi
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 21-20, Bid Form (BT-28B1)
Jan 12, 2021 2:03 PM CST
Adonis Bwashi
Generated on Jan 12, 2021 4:39 PM CST - Adonis Bwashi
Page 2 of 8
06 AFAYETTEVILLE
RKANSAS "iv OF
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
I Date Signed
Has a Conflict of Interest?
Adonis Bwashi
Jan 12, 2021 2:04 PM CST
No
Generated on Jan 12, 2021 4:39 PM CST - Adonis Bwashi
Page 3 of 8
40car! or-
lAT8TT8Ylii6
ABKAKS"
-
Public Notices
Pre -Bid Meeting: Bid 21-20, Construction - Walker Skate Park Lighting (Reschedule)
I Adonis Bwashi, Dec 29, 2020 3:05 PM CST
To All, The City hereby reschedules a non -mandatory pre -bid meeting on Tuesday, January 5,
2021 at 11:00 AM Central Time (US and Canada) virtually via Zoom. Information regarding the pre -
bid meeting is available on the project page on the City's electronic bidding platform (or below). All
interested parties are encouraged to attend. Andrea Foren is inviting you to a scheduled Zoom
meeting. Topic: Pre -Bid Meeting: Bid 21-20, Const - Walker Skate Park Lighting (Reschedule)
Time: Jan 5, 2021 11:00 AM Central Time (US and Canada) Join Zoom Meeting
https.-//zoom.us/j/91095945220?pwd=aERvYjJHVVBMZ3V2dlBKT2pYV3E1ZzO9 Meeting ID: 910
9594 5220 Passcode: 376277 One tap mobile +16465588656„91095945220# US (New York)
+13017158592„91095945220# US (Washington D.C) Dial by your location +1 646 558 8656
US (New York) +1 301 715 8592 US (Washington D.C) +1 312 626 6799 US (Chicago)
+1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) , +1 346 248 7799 US
(Houston) 877 853 5257 US Toll -free 888 475 4499 US Toll -free Meeting ID: 910 9594
5220 Find your local number: https://zoom. us/u/abH6uANzV1
Generated on Jan 12. 2021 4:39 PM CST - Adonis Bwashi
Page 5 of 8
�QG17Y OF
FAVETTEVILLL'
no�cnwaax
Submissions
Supplier
Date Submitted
Name
Email
T
Confirmation Code
A8A Service Electric
Incorporated
Jan 12, 2021 150 PM CST
Alex Guajardo
alexguaj@aol.com
MTE21VITE3
Electrical Resources, Inc.
Jan 12, 2021 12:34 PM
James Milford
james@electrical-
MTE2MDU0
CST
resources.com
Innovative Power
Jan 12, 2021 1:28 PM CST
Keith Lynch
keith.lynch@innpower.com
MTE2MDk4
Solutions
Generated on Jan 12, 2021 4:39 PM CST - Adonis Bwashi
Page 6 of 8
CITY OF
�� FAYETTEVILLE
IARKANGAS
Project Criteria
Criteria
Points
i Description
Total Lump Sum Bid Price
100 pts
Total Lump Sum Bid i
i
Within Certified Funds
Pass/Fail
Total base bid must be within 125% of certified funds.
Total
100 pts ;
Generated on Jan 12, 2021 4.39 PM CST - Adonis Bwashi
Page 7 of 8
CITY OF
Q �FAYETTEVILLE
ce�urteas
Scoring Summary
Active Submissions
Supplier
Total
/ 100 pts
Total Lump Sum Bid Price
/ 100 pts
Within Certified Funds
Pass/Fail
Electrical Resources, Inc.
100 pts
100 pts ($87,920.84)
Pass
Innovative Power Solutions
80.11 pts
80.11 pts ($109,745.00)
Pass
A&A Service Electric Incorporated
54.04 pts
54.04 pts ($162,700.00)
Fail
Generated on Jan 12, 2021 4:39 PM CST - Adonis Bwashi
Page 8 of 8
1
el" OP
V' AYI6LQ
ARKAI�iAKANSA B
Signatures
Name Signatures
Andrea Foren j Andrea Digitally signed by i
Andrea Foren
(Project Owner) Foren r ,Date:2021.01.13
16:14:30-06'00'
Adonis Bwashi - Digitally signed by Adonis Bwashi
DN: cn=Adonis Bwashi,
(Evaluator) 0� -" �� ''email_=abwashi@fayetteville-ar.gov, c=US
Date: 2021.01.13 16:12:33-06'00'
Generated on Jan 12, 2021 4:39 PM CST - Adonis Bwashi
Page 4of8