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Home My WebLink About11-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 11-22 File Number: 2021-1040 BID #21-80 CALDWELL TANKS, INC.: A RESOLUTION TO AWARD BID 421-80 AND AUTHORIZE A CONTRACT WITH CALDWELL TANKS, INC. IN THE AMOUNT OF $1.155,000.00 FOR THE CONSTRUCTION OF THE BENSON MOUNTAIN ELEVATED WATER STORAGE TANK IMPROVEMENTS PROJECT, ASSOCIATED SITE IMPROVEMENTS AND DEMOLITION OF THE EXISTING TANK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $231,000.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville. Arkansas hereby awards Bid #21-80 and authorizes Mayor Jordan to sign a contract with Caldwell Tanks, Inc., a copy of which is attached to this Resolution. in the amount of $1,155,000.00 for the construction of the Benson Mountain Elevated Water Storage Tank Improvements Project, and further approves a project contingency in the amount of $231,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 1/4/2022 Page 1 Printed on 115122 Resolution: 11-22 File Number: 2021-1040 Attest: .'0"C R'Kt; cJY Kara Paxton, City Clerk Treaguror FgyErTt f .; •, • �gNSFS •',�y �• Page 2 Printed on 115122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1040 Agenda Date: 1/4/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.12 BID #21-80 CALDWELL TANKS, INC.: A RESOLUTION TO AWARD BID #21-80 AND AUTHORIZE A CONTRACT WITH CALDWELL TANKS, INC. IN THE AMOUNT OF $1,155,000.00 FOR THE CONSTRUCTION OF THE BENSON MOUNTAIN ELEVATED WATER STORAGE TANK IMPROVEMENTS PROJECT, ASSOCIATED SITE IMPROVEMENTS AND DEMOLITION OF THE EXISTING TANK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $231,000.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #21-80 and authorizes Mayor Jordan to sign a contract with Caldwell Tanks, Inc., a copy of which is attached to this Resolution, in the amount of $1,155,000.00 for the construction of the Benson Mountain Elevated Water Storage Tank Improvements Project, and further approves a project contingency in the amount of $231,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 11512022 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-1040 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/21/2021 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #21-80 and approving a construction contract with Caldwell Tanks, Inc. in the amount of $1,155,000.00 for construction of a new elevated water storage tank, associated site improvements, and demolition of the existing tank. Staff also recommends approval of a project contingency in the amount of $231,000.00, and approval of a budget adjustment. 5400.720.5600-5808.00 Account Number 10006.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: Water and Sewer Fund Benson Mountain Pressure Plan Project Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 681,152.00 $ 632,305.82 48,846.18 $ 1,386,000.00 $ 1,386,000.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: December 21, 2021 CITY COUNCIL MEMO SUBJECT: Bid #21-80, Caldwell Tanks, Inc. — Construction Contract for Benson Mountain Elevated Water Storage Tank Improvements RECOMMENDATION: Staff recommends awarding Bid #21-80 and approving a construction contract with Caldwell Tanks, Inc. in the amount of $1,155,000.00 for construction of a new elevated water storage tank, associated site improvements, and demolition of the existing tank. Staff also recommends approval of a project contingency in the amount of $231,000.00, and approval of a budget adjustment. BACKGROUND: On December 14th, 2021 the City of Fayetteville accepted sealed competitive bids for the Benson Mountain Elevated Water Storage Tank Improvements project. Caldwell Tanks, Inc. submitted the lowest bid. All bids are shown here: Caldwell Tanks, Inc. $1,155,000.00 Maguire Iron, Inc. $1,445,600.00 Phoenix Fabricators & Erectors, Inc. $1,315,671.00 DISCUSSION: This project will remove the aging and undersized water standpipe (35,000 gal) serving the Benson Mountain Pressure Plane and will construct a new, larger elevated water storage tank (100,000 gal) to better meet system demands in this vicinity. These improvements were recommended in the City's Water Master Plan by Olsson, Inc. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: This project is eligible for utilization of impact fee funds. Funds will be moved from the Water Impact Fee and Sanitary Sewer Rehabilitation accounts to the Water System Rehabilitation account to cover the costs of this project. Attachments: Project Vicinity Map Certified Bid Tab, Bid #21-80 Submittal Agreement Benson Pressure Plane Improvements Vicinity Map I NT CITY OF FAYETTEVILLE ARKANSAS BID TABULATION BID 21-80, CONSTRUCTION - BENSON WATER TANK DEADLINE: TUESDAY, DECEMBER 14, 2021 BEFORE 2 PM, LOCAL TIME CERTIFICATION OF FUNDS Certified Funds $ 1,500,000.00 25%Additional Allowance Allowed Per State Law $ 375,000.00 Maximum Award Amount $ 1,875,000.00 Caldwell Tanks, Inc. Maguire Iron, Inc. Phoenix Fabricators and Erectors, LLC TOTAL BASE BID (ALL BID SCHEDULES) $ 1,155,000.00 $1,445,600.00 $1,315,671.00 Caldwell Tanks, Inc. Maguire Iron, Inc. Phoenix Fabricators and Erectors, LLC Bid Schedule Bid Schedule 1 TotalCost TotalCost TotalCost Number H1-1 Performance and Payment Bond $4,400.00 $30,000.00 $16,500.00 #1-2 Mobilization $55,000.00 $70,000.00 $50,000.00 H1-3 Construction Erosion Control $1,500.00 $6,000.00 $5,000.00 #1-4 Site Preparation and Grading $3,500.00 $18,000.00 $15,000.00 #1-5 Clearing and Grubbing $3,000.00 $17,000.00 $17,000.00 #1-6 OSHA Trench Safety $2,000.00 $3,000.00 $3,000.00 #1-7 Improvements as shown in the Plans and stated in the Specifications $1,019,870.00 $1,224,340.00 $1,131,771.00 ti1-8 Demolish Existing 35,0000-Gallon Benson Mountain Standpipe $30,000.00 $13,700.00 $13,500.00 ti1-9 Construct Gravel Access Drive (8" Thickness) $19,680.00 $39,360.00 $36,900.00 #1-10 Undercut Gravel Access Drive and Backfill with Oversize Rock $8,250.00 $12,000.00 $12,500.00 k1-11 Remove Gravel Access Drive and Restore with Seed, Fertilize, and Mulch $6,300.00 $11,200.00 $14,000.00 k1-12 Install Temporary 20' Gate Assembly and Remove following Construction $1,500.00 $1,000.00 $500 CITY OF FAYETTEVILLE ARKANS ARKANSAS Bid 21-80, Construction - Benson Water Tank - Bid 21-80, Construction - Benson Water Tank Project Overview Project Details Reference ID Bid 21-80, Construction - Benson Water Tank Project Name Bid 21-80, Construction - Benson Water Tank Project Owner Jonathan Smith Project Type ITB Department Purchasing Budget $0.00 - $0.00 The City of Fayetteville is accepting sealed bids from properly licensed firms for the construction of the 100,000-gallon Benson Mountain Multi - Project Description Column Elevated Water Storage Tank with related site improvements and demolition of the existing 35,000-gallon Benson Mountain Standpipe. All questions should be addressed to Jonathan Smith, Sr. Purchasing Agent at jonsmith@fayetteville-ar.gov. Open Date Nov 14, 2021 12:00 AM CST Close Date Dec 14, 2021 2:00 PM CST Highest Scoring Supplier Caldwell Tanks, Inc. Seal status Score 100 pts CITY OF FAYETTEVILLE ARKANS ARKANSAS Requested Information Unsealed on Unsealed by Bid Bond Dec 14, 2021 2:11 PM CST Jonathan Smith Required Signature Forms Dec 14, 2021 2:11 PM CST Jonathan Smith AR Secretary of State Filing # Dec 14, 2021 2:11 PM CST Jonathan Smith Arkansas Contractor's License Dec 14, 2021 2:11 PM CST Jonathan Smith 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 Dec 14, 2021 2:11 PM CST Jonathan Smith 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 21-80 Bid Table (BT-470S) Dec 14, 2021 2:11 PM CST Jonathan Smith 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 CITY OF FAYETTEVILLE ARKANS ARKANSAS conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Jonathan Smith Dec 14, 2021 2:11 PM CST No CITY OF FAYETTEVILLE ARKANS ARKANSAS Questions and Answers C & G Land Service Clearing and undercut LINDA LEWIS, Nov 29, 2021 10:02 AM CST Just to clarify, in one paragraph it states that cleared material can be burned if a permit is obtained ahead of time, in another it states that material will be hauled off. Can material cleared be burned onsite? If undercut is called for, can it be wasted onsite? Jonathan Smith, Nov 29, 2021 10:36 AM CST Your question has been added to the list and will be answered when we issue addendum 1. Modern Fence and Supply Fencing on Bid Table Hunter Van Dusen, Nov 19, 2021 11:57 AM CST The only Fencing mentioned on the Bid Table is the 20' temp gate Though other sheets show fencing and gate at the new Tank site. Will this be added later or be part of award winners bidding with Subs? Jonathan Smith, Nov 19, 2021 1:29 PM CST Your question has been added to the list and will be answered when we issue addendum 1 shortly after our pre -bid meeting next week. CITY OF FAYETTEVILLE ARKANS ARKANSAS Public Notices Bid 21-80, Addendum 1 Jonathan Smith, Nov 29, 2021 2:49 PM CST Addendum 1 has been posted. This addendum was used to answer all questions submitted to the Purchasing Division as well as to provide a complete list of everyone who attended the pre -bid meeting last week. Bid 21-80, FILE 07 -Addendum 2 Jonathan Smith, Dec 06, 2021 9:05 AM CST Addendum #2 has been posted for Bid 21-80. Items in this addendum are technical in nature and were generated based on internal discussions about safety and communications at the tower. CITY OF FAYETTEVILLE ARKANS ARKANSAS Internal Discussions No messages wxcaxsnsVILLE Approvals No approval requests CITY OF .V FAYETTEVILLE ARKANSAS Submissions Supplier I Date Submitted Phoenix Fabricators and Dec 14, 2021 7:14 AM Erectors, LLC i CST Caldwell Tanks, Inc. Maguire Iron, Inc. Dec 14, 2021 12:08 PM CST Dec 14, 2021 1:47 PM CST Name Email Confirmation Code Phoenix Fabricators vicki.gossel@phoenixtank.com MTc5ODYz Eric Monske emonske@caldwelltanks.com MTgwMD10 Shannan Ellefson ellefsons@maguireiron.com MTgwMDk2 CITY OF .V FAYETTEVILLE ARKANSAS Project Criteria Criteria Points I Description Total Lump Sum Bid Price 100 pts I Total Lump Sum Bid Within Certified Funds Pass/Fail I Total base bid must be within 125% of certified funds. Total 100 pts CITY OF .V FAYETTEVILLE ARKANSAS Scoring Summary Active Submissions Total Total Lump Sum Bid Price Within Certified Funds Supplier I 1100 pts 1100 pts Pass/Fail Caldwell Tanks, Inc. 1 100 pts 100 pts ($1,155,000.00) Pass Phoenix Fabricators and Erectors, 87.79 pts 87.79 pts ($1,315,671.00) Pass LLC Maguire Iron, Inc. 1 79.9 pts 79.9 pts ($1,445,600.00) 1 Pass OR aKKAK TEVILLE sas Proposal Scores Phoenix Fabricators and Erectors, LLC - Scoring Summary Evaluation Group 1 - Main Evaluation Total Total Lump Sum Bid Price Reviewer / 100 pts / 100 pts Amanda Beilfuss - - Andrea Foren - Jonathan Smith 87.79 pts $1,315,671.00 Average: $1,315,671.00 i Calculated: 87.79 pts 87.79 pts ($1,315,671.00) Within Certified Funds Pass/Fail Pass Pass i Pass CITY OF .V FAYETTEVILLE ARKANSAS CITY OF .V FAYETTEVILLE ARKANSAS Caldwell Tanks, Inc. - Scoring Summary Evaluation Group 1 - Main Evaluation Total Total Lump Sum Bid Price Reviewer / 100 pts / 100 pts Amanda Beilfuss - - Andrea Foren - Jonathan Smith 100 pts $1,155,000.00 Average: $1,155,000.00 1 Calculated: 100 pts 100 pts ($1,155,000.00) Within Certified Funds Pass/Fail Pass Pass 1 Pass CITY OF .V FAYETTEVILLE ARKANSAS Maguire Iron, Inc. - Scoring Summary Evaluation Group 1 - Main Evaluation Total / 100 pts - - Total Lump Sum Bid Price / 100 pts - Reviewer Amanda Beilfuss Andrea Foren Jonathan Smith 79.9 pts Average: $1,445,600.00 $1,445,600.00 1 Calculated: 79.9 pts 79.9 pts ($1,445,600.00) Within Certified Funds Pass/Fail Pass Pass 1 Pass OR aKKAK TEVILLE sas Proposal Score Comments Phoenix Fabricators and Erectors, LLC - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer Score Reason Jonathan Smith 87.79 pts ($1,315,671.00) Within Certified Funds - Reviewer Scores Reviewer Score Reason Jonathan Smith Pass Meets the requirement(s) Comments Total Base Bid Comments Below Certified amount. CITY OF .V FAYETTEVILLE ARKANSAS Caldwell Tanks, Inc. - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer Score Jonathan Smith 100 pts ($1,155,000.00) Within Certified Funds - Reviewer Scores Reason Comments Total Base Bid Reviewer Score Reason Comments Jonathan Smith I Pass I Meets the requirement(s) I Below the Certified Funds OR aKKAK TEVILLE sas Maguire Iron, Inc. - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer I Score Jonathan Smith 179.9 pts ($1,445,600.00) Within Certified Funds - Reviewer Scores Reason Reviewer Score Reason Comments Total Base Bid Comments Jonathan Smith I Pass I Meets the requirement(s) I Below the Certified amount. CITY OF .V FAYETTEVILLE ARKANSAS CITY OF FAYETTEVILLE ARKANS ARKANSAS Signatures Name Signatures Jonathan Smith Digitally signed by Jonathan (Project Owner) Jonathan Smith Smith Date: 2021.12.15 09:48:36-06'00' Amanda Beilfuss Digitally signed by Amanda (Evaluator) Amanda Beilfuss Beilfuss Date: 2021.12.20 15:30:53-06'00' Andrea Foren (Evaluator) Jonathan Smith (Evaluator) Andrea Foren Digitally signed by Andrea Foren Date: 2021.12.20 15:29:30-06'00' Jonathan Smith Digitally signed by Jonathan Smith Date: 2021.12.15 09:48:58-06'00' City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tani: Improvements SECTION 00410 — BID BONI) KNOW ALL ML?N BY fI IESFI l'R1_;S1 NTS: that we Caldwell T;ankti Inc. 4000 Tower Road Louisville, KY 40219 --_._ as Principal, hereinafter called the Principal, and Great American Ir1suranCe Comp mY— 301 Est a4th Street -- ---_._ -__ ------- Cincinnati, 01145202 a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 1 13 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum 01 Five Percent of' 'I'of al Bid Amount------- ---------- -- _..__ __...-_ - --_ _._.... -- Dollars (S5`%) of Bid A1110ur1t ), for the I�rtyntent of which surrr, _ well and truly to be trade, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WI-ILRLAS, Principal has submitted a Bid for: Benson Mountain Elevated Water Storage Tank Improvements, Bid 21-80, Construction. NOW, TIIC,REFORF", if the Owner shall accept the Bid of Principal and the Principal sllall enter into a Contract with the Owner In accordance with the terms of'such Bid, and give such Bond of Bonds as may be specified in the Bidding or Contract Documents with good and sufficient st.tfety for the faithful perforrnanc-e oi' such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hercol' between the amount specified in said Bid and such larger amount fof which the Owi-ler 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. Signed and sealed this 14th day of December 2021 00 110-Bid Bond 00410-1 November M.) I City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00410 - BID BOND (continued) PRINCIPAL Caldwell Tanks. Inc. Byil� (Signature) Eric W. Monsker Sales Manager (Type or print) SURETY Great American Insurance Company By (Signature) Cherie Brewer (Type or print) ATTORNEY -IN -FACT Cherie Brewer - Jo n % ar trad By !/ (Sign�yuurre�i Jt16fn Mark Strader (Type or print) This Bond shall be accompanied with Attorney-in-Fact's authority from Surety \J'C' t A T 4s SEAL) .0- �'. SEAL /'G�SrVILLE; END OF SECTION 00410 (CORPORATE SEAL) j' o 00410-Bid Bond 00410-2 November 2021 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET * CINCINNATI, OHIO 45202 f 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE POWER OF ATTORNEY No. 0 21502 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power PHILIP D. ANDERTON ALL OF ALL BRIAN CRAWFORD LOUISVILLE, $100,000,000 NED BOOKER KENTUCKY CHERIE BREWER JOHN MARK STRADER This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1ST day of FEBRUARY 1 2021 Attest GREAT AMERICAN INSU ANCE COMPANY 0i." Assistant Secretary Divisional Senior rice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK VICARIO (977-377-2405) On this 1ST day of FEBRUARY 2021 , before me personally appeared MARK VICARIO, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSAN A KOHORST notary Pubilc State Ohio wm�"' of My Comm, Expires May 18, 2025 This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of GreatAmerican Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 14th day of December 2021 Assistant Secretary~� C1029AH (03/20) City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM Contract Name: Benson Mountain Elevated Water Storage Tank Improvements Bid Number: 21 - 80, Construction BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Caldwell Tanks, Inc. 4000 Tower Road Louisville, KY 40219 ARTICLE I- INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner 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. ARTICLE 2- TERMS AND CONDITIONS 2.01 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 90 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 Owner's Notice of Award. 2.02 The undersigned bidder, having examined the specifications and contract documents, and being fully advised as to the extent and character of the work, propose to furnish all equipment and to perform all labor and work necessary for the completion of the work described by and in accordance with the specifications and contacts for the following prices. 00400-Bid Form 00400-1 November 2021 City of Fayetteville, Arkansas Benson M011ntaln Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date 11/29/2021 12/6/2021 DOCUMENT 00400-BID FORM (continued) B. Bidder has visited the Site, City or Utilities 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 Owner 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 sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. 00400-Bid Form 00400-2 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) 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 Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to retrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder of - over Owner. 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. 00400-Rid Form 00400-3 November 2021 City olTayetteville. Arkansas Benson Mountain Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) ARTICLE 4- BID PRICE Bidders are required to provide pricing for all line items. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, all bids shall be rejected and become confidential. Bidder shall complete the Work in accordance with the Contract Documents for the price(s) indicated on the UNIT PRICE BID SCHEDULE. The UNIT PRICE BID SCHEDULE shall be completed using the Bonfire software as directed in the Invitation to Bid. The City intends to award to the lowest responsive responsible bidder based on the evaluation of the sum of Schedule]. ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a financial institution located in the State of Arkansas or a Bid Bond and in the amount of Five Percent of Total Bid Amount Dollars ($ 5% of Total Bid Amount ) B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. 00400-Bid Form 00400-4 November 2021 City of Fayetteville. Arkansas Benson Mountain Flevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Caldwell Tanks, li 4000 Tower Road Louisville, KY 40219 Email salesRcaldwelltanks.com Phone No. (502)964-3361 Fax No. (502) 966-8732 ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. ARTICLE 9- CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE 9.01 Contractor's Assurances. As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the company) bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each sub -contract awarded in excess of $10,000 and I will furnish a similar statement fiom each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. LABOR STANDARDS I will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance. I will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts in excess of $2.000. 00400-Bid Form 00400-5 November 2021 City of Fayetteville. Arkansas Benson Mountain Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement 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; (c) 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 (b) of this certification; and (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. understand that a false statement on this 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 1 will obtain a similar certification for each subcontract awarded in excess of $25,000. 00400-Bid Form 00400-6 November 2021 City of Fayetteville, Arkansas Benson Mowvnin Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) 9.02 Execution/Signatures for Contractor Assurances above. Bid and Bid Form: SUBMITTED on December 14 , )0 21 Arkansas State Contractor License No. 0028840422 If Bidder is: An Individual Name (type or (Individual's Signature) Doing business Business addre: Phone Email A Partnership Partnership Name : (Signature of general partner -attach evidence of authority to sign) Name (type or Business addrl Phone No: Fax No. Email Address: 00400-Bid farm 00400-7 November 10? 1 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) A Corporation or Corporate entity including Limited Liability Company (LLC) Corporation Name : Caldwell Tanks, Inc. (SEAL) State of Incorporation: Kentucky Type (General Business, Professional, Service, Limited Liability): General Business l/ (Signature -attach evidence of authority to sig% Name (type or printed): Eric W. Mousse Title: Sales Manager ' of Corporate Secretary) E. Business address: 4000 Tower Road Louisville, KY 40219 Phone No: (502)964-3361 Fax No. (502)966-8732 Email Address: sales@caldwelltanks.com END OF DOCUMENT 00400 stuunttq `SELL 7,q'''•,,� i C,ORPOPA ' rF :Z= `A 00400-Rid Form 00400-8 November 1021 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that CALDWELL TANKS, INC., Louisville, Kentucky, a Kentucky Corporation, has constituted and appointed, and does constitute and appoint the persons named below as its true and lawful Attorneys -in -Fact, to execute proposals for the sale of materials or the construction of work, to make contracts for same, and execute Surety Bonds to be used in connection therewith: KEVIN J. GALLAGHER WILLIAM A. STETZLER PATRICK A. SMITH SHANNON MCKAMEY ERIC W. MONSKE CONRAD R. SPANGLER, III This appointment is made in accordance with Article V, Section 1 of the By -Laws of the Corporation as amended January 16, 1986, and still in full force and effect. �MI"JAT1'PIS�WHEREOF, CALDWELL TANKS, INC. has caused these presents to be signed b �i j resident, ant'it�,corporate seal to be thereunto affixed and duly attested by its Secretary this 4th dWf Iy�2g1r z ATTEST: SEAL A TANKS, INC. (SEAL) '%�/S V I L 1 E '`��\ BY: - TK. an Harvey STATE OF KENTUCKY ) Presi i SS: COUNTY OF JEFFERSON ) LOU* ,,,day of May, 2021, before me personally appeared K. Ryan Harvey, President of CALDWEI,. a�,4VKS II�Sy avho being duly sworn, said he resides in the state of Kentucky; that he is President at`CALiUWL�Is�RNK-5, INC., the Corporation described in and which executed the foregoing instrument' that h�cr�" the Ckporate seal; that it was so affixeA by order of th Board of Directors of said Corporation, aO that"he;sigied his name thereto as President of sa' Co ati n by like authority. (SEAL) ��'� UB L IL -" � ? BY: Caroly . E. Burke STATE OF KE K`��' Notary Public, State at Large " " ) SS: MY COMMISSION EXPIRES 9/25/2023 COUNTY OF JEFFERSON ) I, David E. Bartley, Secretary of CALDWELL TANKS, INC. do hereby certify that the above and foregoing i�� Ve and correct copy of the Power of Attorney executed by CALDWELL TANKS, INC., wNctl�i�stl dfull force and effect. fIVITNESB'WH EOF, I have signed this certificate at Louisville, K ntucky, this day of- 7, AT02� (SEAL) SEAL BY: �0 •.' avid E. Bartley, Secret /��'��ISVILC'-_ � Caldwell Tanks Inc. City of Fayetteville, Arkansas CITY OF Purchasing Division —Room 306 " FAY E T T E Y I L L E 113 W. Mountain Fayetteville, AR 72701 /� R K k N 5 A5 Phone: 479.575.8258 .8258 1W TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 21-80, Construction — Benson Water Tank DEADLINE: Tuesday, December 14, 2021 before 2:00 PM, Local Time CCEPTABLE DELIVERY METHODS: (1) City's third -party bidding platform, OR (2) Sealed and delivered directly to the City of Fayetteville as instructed in the advertisement PURCHASING AGENT: Jonathan Smith jonsmith@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 11/14/2021 & 11/21/2021 INVITATION TO BID Bid 21-80, Construction — Benson Water Tank No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, Bonfire, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Caldwell Tanks, Inc. Contact Person: Eric W. Monske Title: Sales Manager E-Mail: sales@caldwelltanks.com Phone: (502) 964-3361 Business Address: 4000 Tower Road City: Louisville Signature: City of Fayetteville, AR Bid 21-80, Construction — Benson Water Tank Page 1 of 14 L TA t.`......!mfilcky Zip: 40219 CORPORgT;�, 1•, �[�ate: December 14, 2021 SEAL .' /S VI LLe s\s. CITY OF IjS FAYETTEVILLE ffARKANSAs 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. Fq 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) 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 and received prior to the bid deadline by making an in -person delivery appointment with the City Purchasing Division. X Upload 5% bid bond to the City's electronic bidding platform (preferred) OR attach bid bond with physical submittal and setting up an in -person delivery appointment with the City Purchasing Division. ❑R All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. X-1. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the location 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/citvoffavetteviIlear. 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. All bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72701 Additional Information Required • List of Subcontractors: Submit form on Bonfire or attach if submitting a physical bid • AR Secretary of State Filing: 100058306 or submit on the City's electronic bidding platform • Arkansas Contractor License#: 0028840422 or submit on the City's electronic bidding platform • 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 City's electronic bidding platform (preferred), OR circle applicable answer: YES r NO City of Fayetteville, AR Bid 21-80, Construction— Benson Water Tank Page 2of14 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT Contract Name: Benson Mountain Elevated Water Storage Tank Improvements Bid 21-80, Construction Date: December 14 . 20 21 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Caldwell Tanks, Inc. Name _ Eric W. Monske, Sales Manager Address — _ 4000 Tower Road, Louisville, KY 40219 Principal Office 4000 Tower Road, Louisville, KY 40219 Corporation, LLC, partnership, individual, joint venture, other Corporation Arkansas State General Conti -actor's License Number 0028840422 (Type or legibly print) For a Bidder (Contractor) to be considered as Qualified, the Contractor mast satisfy all insurance, financial, and bonding requirements of the City of Fayetteville. The Contactor must also provide documentation with the bid to document: The Contractor's successful completion of five contracts similar in scope to this City of Fayetteville Bid. The Contractor shall have executed work for municipalities operating water distribution facilities with a minimum of three (3) projects equaling or exceeding five hundred thousand dollars ($500,000) for installation of the product(s) bid. Work for developers and commercial site work will not be considered as permissible work experience. Acceptable documentation of these minimum installations must be submitted to the City of Fayetteville attached to this section. In accordance with Arkansas Procurement Law, a Contractor may use the combined experience of its owners or senior executive staff to satisfy the experience requirement, or the combined amount of experience of the key personnel that will be responsible for satisfying the experience requirement. 00140-Bidder Qualifications 00140-1 November 2021 Ciq' of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank lrnprovements SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) EXPERIENCE STATEMENT MANDATORY 1. Bidder has been engaged as a General Contractor in construction for 134 years and has performed work of the nature and magnitude of this Contract for 134 years. Bidder has been in business under its present name for 52 years. 2, The Contactor must also provide documentation with the bid to document the Contractor's successful experience with the following: a. The Contactor must also provide documentation with the bid to document the Contractor's successful completion of five contracts similar in scope to this City of Fayetteville Bid. 3. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) 4. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 5. Has Bidder ever failed to complete any project? if so, state when, where, and why. No 6. Bidder normally performs the following work with his own forces: The design, fabrication and erection of an elevated water storage tank. 7. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): See attached 8. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: Surety: Great American Insurance Company, 301 East Fourth Street, Cincinnati„ OH 45202 Agent: Sterling Thompson Company, 3006 EastPoint Parkway, Louisville, KY 40223 00140-Bidder Qualifications 00140-2 November 202E City of Fayetteville. At Benson Mountain Elevated Water Storage Tank Improvements SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) 9. Bidder's Workmen's Compensation Experience Modifier Factor is: FINANCIAL STATEMENT (IF REQUESTED) A. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide to the City of Fayetteville the following additional information: Bidder possesses adequate financial resources as indicated by the following: I. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judpment Creditors Where Docketed and Date Amount a. See attached $ b. g 00140-Bidder Qualifications 00140-3 November 2021 City of Fayetteville. Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: December 14 2021 Name of Organization: Caldwell Tanks, Inc. By Eric W. Monske ((Type or lea' Fy prin (Signature) Title Sales Manager (Type or legibly print) (OFFICIAL SEAL) \\1LL 1Uuuttii ate..• ••'�'�rs,': r) J pORPQ/t gr� , Z i(A. SQL :y �.�: /'�tt/11111111�� If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation or LLC, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed. Contractor shall attach evidence of authority of signature. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and authority to sign. END OF SECTION 00140 00140-Bidder Qualifications 00140-4 November 2021 2 2 CAIDWEU Since 1887 Water - Energy - Industrial BIDDER'S QUALIFICATION STATEMENT Similar Proiects: See attached listing of Double Ellipsoidal style tanks completed by Caldwell Tanks. Projects under Contract: See attached listing of Contracts under Construction for Double Ellipsoidal style tanks. See attached listing of Double Ellipsoidal style tanks completed by Caldwell Tanks. Construction Experience of Key Individuals: K. Ryan Harvey President 23 years Admin/Engineering Kevin J. Gallagher Vice President 26 years Sales/Engineering Tony Burke Director -Engineering 33 years Engineering David Francis Director -Operations 29 years Civil Construction Michael R. Shaffer Director -Steel Construction 24 years Steel Construction Wilson Frazier Director -Environmental Health & Safety 32 years Safety Scott McIntire Director -Quality Assurance 40 years Project Management Quality Assurance Resumes available upon request Judgements, Claims, Arbitration/Lawsuits: Acting as a general contractor, Caldwell Tanks completes approximately two hundred (200) construction projects annually. In the course of completing these contracts, we issue approximately 700 subcontracts and will engage subcontractors for about 25% of the work such as electrical, foundation, fencing, site work, etc. On occasions, disputes and claims arise. On very rare occasions, arbitration or other legal remedies will settle disputes and claims. At the present time, there are approximately a dozen active claims or disputes pending settlement through legal channels or otherwise. For the past five years, the total dollar amount of disputed claims has never exceeded 1/2 of 1 percent of annual dollar volume. 4000 Tower Road Louisville, KY 40219 P: 502-964-3361 F: 502-966-8732 57 East Broad Street Newnan, GA 30263 P: 770-253-3232 F: 770-251-9253 CAIDWEU CCA2 �� DOUBLE ELLIPSOIDAL ELEVATED WATER TANKS DATE CAPACITY LOCATION/OWNER ENGINEER COMPLETED 100M Elevated City of Kermit Parkhill, Smith & Cooper 10/21 165' HWL Kermit, TX Lubbock, TX $433,000.00 (432) 586-3468 Zack Dawson (806) 473-2200 100M Elevated Madison County PWSD No. 1 Taylor Engineering, LLC 06/21 65' HWL Fredericktown, MO Farmington, MO $537,000.00 (573) 783-3460 Timothy D. Robbs (573)756-9226 100M Elevated Long Creek Water Association Engineering Service 8/20 120' HWL Meridian, MS Richland, MS $453,000.00 Meridian, MS Scott Litchfield Sheila Williams, PE (601)693-3096 (601)939-8737 100M Elevated Rattlesnake Ridge Water Dist. Kentucky Engineering Group, PLLC 5/20 81' HWL 3563 State Hwy. 1661 (OFF SR 7) 161 North Locust Street $485,000.00 Grayson, KY 41143 Varsailles, KY 40383 Bill Gilbert James C. Thompson, PE (606)474-7570 (859)251-4127 100M Elevated Edinburg Domestic Water System Calvert-Spradling Engineers 8/19 144'6" HWL Carthage, MS West Point, MS $428,000.00 Leake Co., MS Todd Thorton Stanley Spradling, PE (601)267-0355 (662)494-7101 100M Elevated Buffalo Trail Water Association Cann -Tech, LLC 6/18 111'6" HWL Mays Lick, KY Lawrenceburg, KY $509,000.00 Sardis, KY Dick Clary Matt Baker, PE (606)763-6516 (502)859-0907 100M Elevated Southern Iowa Rural Water Assoc. Garden & Associates, Ltd. 11/17 100'3" HWL Creston, IA Oskaloosa, IA $448,000.00 Adair Co., IA Dan McIntosh Mark J. Fincel, PE (641)782-5744 (641)672-2526 100M Elevated Big V Water Association Cook Coggin Engineers, Inc. 2/17 153' HWL Booneville, MS Tupelo, MS $474,000.00 Jurgen Hellriegel Nick Brawner (662)728-6901 (662)842-7396 100M Elevated Eastern Heights Water Works Professional Engineering 11/16 178' HWL Amite, LA Baton Rouge, LA $786,000.00 Jonathan Watts David Colson, PE (985)748-8488 (225)769-2810 100M Elevated Red River County WSC Hayter Engineering, Inc. 10115 141'6" Clarksville, TX Paris, TX $572,000.00 John Ragsdill Moses Ogolla (903)427-2891 (903)785-0303 CONFIDENTIAL SAL-FRM-05 SIMILAR PROJECTS Approved: 9/6/2018 Page 4 of 7 Rev 0 Contracts under construction CAL- V%T Since 1887 Water - Energy - Industrial Capacity/Tank/HWL Owner Engineer 75000 DE 100' HWL RATTLESNAKE RIDGE WATER DISTRICT E-8757 GRAYSON KY 75000 DE 118' HWL TOWN OF TAYLORTOWN E-9048 PINEHURST NC 75000 DE 130' HWL EMERALD COAST UTILITY SERVICES, INC. E-9006 EGLIN AFB FL 75000 DE 130' HWL CORNA KOKOSING CONSTRUCTION COMPANY E-9007 WESTERVILLE OH 75000 DE 143' HWL CITY OF MINNETONKA BEACH E-8987 MINNETONKA BEACH MN 100000 DE 114'3" HWL PATOKA WATER COMPANY, INC. E-9069 TASWELL IN Completion/Amount KENTUCKY ENGINEERING GROUP, PLLC VERSAILLES KY $460,000.00 (859) 251-4127 LKC ENGINEERING, PLLC ABERDEEN NC $859,000.00 (910)420-1437 AMERICAN STATES UTILITY SERVICES, IN EGLIN AFB FL $925,000.00 (770)528-3881 SANDS DECKER ENGINEERS & SURVEYOR COLUMBUS OH $720,000.00 STANTEC MINNEAPOLIS MN $1,127,000.00 (651)636-4600 MIDWESTERN ENGINEERS, INC. LOOGOOTEE IN $608,020.00 (812) 295-2800 C(Ch1LDDVWEU Since 1887 Water Energy - Industrial Capacity/Tank/HWL Owner Engineer 100000 DE 129' HWL CITY OF DUDLEY E-9084 DUDLEY GA 100000 DE 163'6" HWL SOUTH LOWNDES WATER ASSOCIATION, INC. E-9114 CRAWFORD MS 100000 DE 96' HWL CITY OF LOGAN E-8693 LOGAN OH 125000 DE 139' HWL CITY OF PAVO E-9009 PAVO GA 150000 DE 105'3" HWL VILLAGE OF SANDOVAL E-9083 SANDOVAL IL 150000 DE 124' HWL NORTH LEE COUNTY WATER ASSOCIATION E-9062 SALTILLO MS Monday, December 13, 2021 Completion/Amount T.R. LONG ENGINEERING, PC HINESVILLE GA $662,000.00 (912)352-0005 CALVERT-SPRADLING ENGINEERS, INC. WEST POINT MS $694,000.00 (662)494-7101 STANTEC CONSULTING SERVICES, INC. LOGAN OH $614,000.00 (740)380-2828 WATKINS & ASSOCIATES, LLC TIFTON GA $687,000.00 (229)388-8823 J.T. BLANKINSHIP, INC. MURPHYSBORO IL $1,273,000.00 (618)687-1771 COOK COGGIN ENGINEERS, INC. TUPELO MS $813,000.00 (662)842-7381 C(Ch1LDDVWEU Since 1887 Water Energy - Industrial Capacity/Tank/HWL Owner Engineer Completion/Amount 150000 DE 140' HWL VILLAGE OF LA RUE GPD ASSOCIATES E-8999 LA RUE OH AKRON OH $990,000.00 (330)572-2193 150000 DE 140' HWL MOUNT OLIVE WATER ASSOCIATION WGK, INC. E-8630 BOLTON MS CLINTON MS $716,000.00 (601)925-4444 150000 DE 170' HWL MUD CREEK WATER ASSOCIATION PRECISION ENGINEERING CORPORATION E-9060 PONTOTOC MS OXFORD MS $647,000.00 (662)234-8539 150000 DE 75'6" HWL MONROE COUNTY WATER DISTRICT STIGALL ENGINEERING ASSOCIATES, INC. E-8384 TOMPKINSVILLE KY NASHVILLE TN $474,634.00 (615)460-7515 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that CALDWELL TANKS, INC., Louisville, Kentucky, a Kentucky Corporation, has constituted and appointed, and does constitute and appoint the persons named below as its true and lawful Attorneys -in -Fact, to execute proposals for the sale of materials or the construction of work, to make contracts for same, and execute Surety Bonds to be used in connection therewith: KEVIN J. GALLAGHER WILLIAM A. STETZLER PATRICK A. SMITH SHANNON MCKAMEY ERIC W. MONSKE CONRAD R. SPANGLER, III This appointment is made in accordance with Article V, Section 1 of the By -Laws of the Corporation as amended January 16, 1986, and still in full force and effect. �MI"JAT1'PIS�WHEREOF, CALDWELL TANKS, INC. has caused these presents to be signed b �i j resident, ant'it�,corporate seal to be thereunto affixed and duly attested by its Secretary this 4th dWf IycP2g1r z ATTEST: SEAL A TANKS, INC. (SEAL) '��/SVIL1 E' BY: - "'// �t'�` K. an Harvey STATE OF KENTUCKY ) Presi i SS: COUNTY OF JEFFERSON ) LOU* ,,,day of May, 2021, before me personally appeared K. Ryan Harvey, President of CALDWEI,. a�,4VKS II�Sy avho being duly sworn, said he resides in the state of Kentucky; that he is President at`CAL•�UWL�Is�RNK-5, INC., the Corporation described in and which executed the foregoing instrument' that h�cr�" the Ckporate seal; that it was so affixeA by order of th Board of Directors of said Corporation, aO that"he;sigied his name thereto as President of sa' Co ati n by like authority. (SEAL) ��'� UB L \( -" � ? BY: Caroly . E. Burke STATE OF KE K`��' Notary Public, State at Large " " ) SS: MY COMMISSION EXPIRES 9/25/2023 COUNTY OF JEFFERSON ) I, David E. Bartley, Secretary of CALDWELL TANKS, INC. do hereby certify that the above and foregoing i�� Ve and correct copy of the Power of Attorney executed by CALDWELL TANKS, INC., wNctl�i�stl dfull force and effect. (IVITNESS'WH�EOF, I have signed this certificate at Lq 2I—Z (SEAL) % , . SEAL BY: avid E. Bartley, Secret ��'�.,ISVIL�-"c;��`` Caldwell Tanks, *Inc., 30'-0" TANK DIAMETER 100,000 GALLON CAPACITY BALCONY "R2" w w "R1" z 0 zQ o "S1„ w I � -04 Q N w "63" c� _ " 62" "RR2" MATERIAL THICKNESS o ~ CONTAINER: "CO2" "BR2" 0o J »R2„ 1/4„ z w "ST1" "RR1" „R1„ 1/4" Ld "sill 1/4" o U "BY 1 /4„ w o O » B2" 1/4" IL O ~ "BR1„ RISER 1/4" 0 o TOWER: ul COLUMNS DIAMETER: 20" "CO2": 1/4" (THICKNESS) "C01 ": 1 /4" (THICKNESS) 48" DIA. WET RISER STRUT ELEVATION „ST1: W6x2o BRACE RODS "BR2": 1" "BR1 DESIGN PARAMETERS DESIGN PER AWWA D100-11 AND PROJECT SPECIFICATIONS. ALL ACCESSORIES TO BE INCLUDED PER SPECIFICATIONS. SIZES AND THICKNESSES SUBJECT TO CHANGE WITH CALDiWELL FINAL DESIGN. Since 1887 SITE CLASS: C Water - Energy - Industrial SEISMIC LOAD - SS=22.0% Si =9.6% GOSHEN, AR 100,000 GALLON DOUBLE ELLIPSOIDAL TANK WIND LOAD - 90 MPH 4 BATTERED COLUMNS (0.75" IN 12") BY. BRK TITLE: BID SKETCH DIAMETER AT TOP OF FOUNDATION - 37'-8 3/8" DATE: DRAWING NO.: 12/01 /21 BID 228 QUANTITIES: (TOTAL FOR 4 COLUMNS) o 3'-2" x 3'-11" TAN. x RAID. WIDTH CONCRETE — 15 CU. YDS. REINFORCEMENT — 1,200 LBS. #5 DOWELS �(16) w �(6) #4 TIES LL `9 � o w ( 5) #4 BARS Q n EQ. SPA. EA. WAY O O Y I � U (5) #6 BARS EQ. SPA. EA. WAY 6'-3" SQUARE FOOTING PEDESTAL SECTION NOTES: THE PROJECT GEOTECHNICAL ENGINEER SHALL INSPECT AND APPROVE SUBGRADE PRIOR TO STEEL OR CONCRETE PLACEMENT. FOUNDATION IS SUBJECT TO CHANGE WITH FINAL DESIGN. SUBGRADE PREPARATION AND BACKFILL PER PROJECT GEOTECHNICAL REPORT AND SPECIFICATIONS. REINFORCING STEEL QUANTITIES DO NOT ACCOUNT FOR LAPS, BENDS, HOOKS, ETC. DESIGN PARAMETERS DESIGN PER AWWA D100-11 AND PROJECT SPECIFICATIONS. ANCHOR BOLT CIRCLE DIA. — 37'-8 318" SUBJECT TO CHANGE WITH FINAL DESIGN. SEISMIC LOAD — SS= 18.0% Si = 9.8% CALDMVELL BASIC WIND SPEED — 90 MPH Water - Energy5 inee tr87 - Industrial NET ALLOWABLE BEARING CAPACITY — 6,500 PSF GOSHEN, AR 100,000 GALLON DOUBLE ELLIPSOIDAL TANK CONCRETE STRENGTH — 4,000 PSI BY: TITLE: BRK COLUMN PIER DETAIL REINFORCING STEEL PER ASTM A615 GR. 60. DATE:12/8/21 DRAWING NO.: BID 228 0 5'-2" SQ. SLAB QUANTITIES: CONCRETE — 4 CU. YDS. o Q Y REINFORCEMENT — 300 LBS. C. W ~ = (6) ##4 BARS w 0 0 w EA. FA. EQ. SPA. J ( 6) ##4 BARS z Q EA. FA. EQ. SPA. J Q o ( 6) ##5 BARS EA. FA. EQ. SPA. o CD �T • • e o 0 6'-2" SQUARE FOOTING CENTER PIER SECTION ( 2 ) WALLS REQUIRED NOTES: THE PROJECT GEOTECHNICAL ENGINEER SHALL INSPECT AND APPROVE SUBGRADE PRIOR TO STEEL OR CONCRETE PLACEMENT. FOUNDATION IS SUBJECT TO CHANGE WITH FINAL DESIGN. SUBGRADE PREPARATION AND BACKFILL PER PROJECT GEOTECHNICAL REPORT AND SPECIFICATIONS. REINFORCING STEEL QUANTITIES DO NOT ACCOUNT FOR LAPS, BENDS, HOOKS, ETC. DESIGN PARAMETERS DESIGN PER AWWA D100-11 AND PROJECT SPECIFICATIONS. SUBJECT TO CHANGE WITH FINAL DESIGN. SEISMIC LOAD — SS= 18.0% Sl = 9.8% � v= LWELL BASIC WIND SPEED — 90 MPH Water - Energys,t -Indduu strriaig l NET ALLOWABLE BEARING CAPACITY — 6,500 PSF GOSHEN, AR 100,000 GALLON DOUBLE ELLIPSOIDAL TANK CONCRETE STRENGTH — 4,000 PSI BY: TITLE: BRK CENTER PIER DETAIL REINFORCING STEEL PER ASTM A615 GR. 60. DATE:12/8/21 DRAWING NO.: BID 228 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank t,nprovements SECTION 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: Benson Mountain Elevated Water Storage Tank Improvements, Bid 21-80, Construction. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value Designate Work Ozark MTN. Construction 1002 Artis Lane Civil Construction Conway, AR 72034 $300,000 Viking Industrial Painting 8790 F St., Suite 629 Field Coatings Omaha, NE 68127 $110,000 Brothers Electric Electrical 16649 Payne Road Conroe, Texas 77302 $90,000 Iseler Demolition, Inc. Demolition 6996 Ronjoy PI PO B_ox 185 $30,000 Port Hope, MI 48468 NOTE: This form must be submitted in accordance with the Instructions to Bidders. Caldwell Tanks, Inc. 1idder's name (type or print) Bidder's name (signature) Eric W. Monske, Sales Manager December 14, 2021 Date END OF SECTION 00430 V4.: pORPORq, Z =;<o.SEAL GAS .......••• Nl' ,: 00430-List of Subcontractors 00430-1 November 2021 Responses Success: All data is valid! Bid 21-80, Total Base Bid Success: All values provided #1-1 Performance and Payment Bond 1 LS $ 4,400.00 $ 4,400.00 LS $ 55,000.00 $ 55,000.00 Success: All values provided #1-2 Mobilization 1 LS $ 1,500.00 $ 1,500.00 Success: All values provided #1-3 Construction Erosion Control 1 LS $ 3,500.00 $ 3,500.00 Success: All values provided #1-4 Site Preparation and Grading 1 LS $ 3,000.00 $ 3,000.00 Success: All values provided ■ #15 Clearing and Grubbing 1 LS $ 2,000.00 $ 2,000.00 Success: All values provided #1-6 OSHA Trench Safety 1 Construction of the 100,000-Gallon Benson Success: All values provided #1-7 Mountain Elevated Water Storage Tank Improvements as shown in the Plans and stated 1 LS $ 1,019,870.00 $ 1,019,870.00 in the Specifications LS $ 30,000.00 $ 30,000.00 Success: All values provided #1-8 Demolish Existing 35,0000-Gallon Benson Mountain Standpipe 1 SY $ 16.00 $ 19,680.00 Success: All values provided #1-9 Construct Gravel Access Drive (8" Thickness) 1230 CY $ 33.00 $ 8,250.00 Success: All values provided #1.10 Undercut Gravel Access Drive and Backfill with Oversize Rock 250 SY $ 9.00 $ 6,300.00 Success: All values provided #1-11 Remove Gravel Access Drive and Restore with Seed, Fertilize, and Mulch 700 EA $ 1,500.00 $ 1,500.00 Success: All values provided #1.12 Install Temporary 20' Gate Assembly and Remove 1 following Construction 12/15/21, 9:06 AM Back to Project Proposal Data Bid 21-80, Construction - Benson Water Tank - Proposal Data Show/Hide 4 Search Supplier AR Secretary of State Arkansas Contractor's Pursuant Arkansas Code Annotated §25-1-503, the Filing # License # currently boycott Israel and will not boycott Israel r or while in contract, with any public entity as define contractor decides to boycott Israel, the contractor writing. Caldwell Tanks, Inc. 0028840422 Yes Scorecard Open... Maguire Iron, Inc. 0130400521 Yes Scorecard Open... Phoenix Fabricators and Erectors, LLC 0034100421 Yes Scorecard Open... 6 https://fayettevi I I e-a r. bonfi rehu b.com/projects/54718/proposal Data l rtN nt I a%ettc\ille. Xrkansa.+ Ben mill %t,runtam I Iexatcd %later's1ora_c lank Impro\ement- SECTION 00500 — AGREEMENT BET Y' EEN OWNER AND CONTR.:CTOR Contract Name. Title: Benson Mountain Elegy aced Water Storage 1 ank Iill proyements Contract No.: 2 1-80. Construction THiS AGREEMEN f is dated as of the q day of lanW4in the year 20vby and bet-,Neen The Cith of Fayetteville, Arkansas and C'ald\%ell Tanks. Inc. (hereinafter called Contractor). ARTICLE I - WORK LM Contractor shall complete all Work as specified or indicated in the Contract Documents. The x�,ork under this Agreement includes. but is not limited to: A. Construction of the 100.000-gallon Benson Mountain Multi -Column Elevated Water Storage Tank Aith related site improvements and demolition of the existing 35,000- gallon Benson Mountain Standpipe. 1.0' The Contractor agrees to perform the x+ork described in the Contract Documents and comply \kith the terms therein for the amounts shown in the Bid Proposal. Refer to Section 00400- Bid Form for quantifies. 1.03 Any use o1' a third party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. 1.04 Contractor is responsible for obtaining: all applicable permits. The fees for Cit} of Fayetteville (only) issued permits shall be vvaived. 1.05 The Contract may include \�ork in City of Fayetteville right-of-wav, ARDOT (State) right- of-way, railroad right-ol-way and in General or Utility Easements. ARTICLE 2 - ENGINEER -01 The Contract Documents have been prepared by tla\\kins-\k'eir Engineers, Inc. Ha\ykins- Weir Engineers. Inc. assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in connection x%ith completion of the Work in accordance \pith the Contract Documents. 00500-Agreement 0000-1 Nmcmhcr 20-11 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 2.02 The City of Fayetteville assumes all duties and responsibilities, and has the rights and authority assigned to The City of Fayetteville as Owner in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestone, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR COMPLETION AND FINAL PAYMENT: A. The Work shall be substantially completed within 330 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment within 30 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred and Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven Hundred and Fifty Dollars ($750.00) for each 00500-Agreement 00500-2 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the Contract estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the Contract Documents. 4.03 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. Further, there shall be no changes to the scope and/or contract documents without prior written approval of the Engineer of Record and the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units 00500-Agreement 00500-3 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. 00500-Agreement 00500-4 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) B. Contractor has visited the Site(s) 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. Contractor 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. Contractor 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. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, 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. 00500-Agreement 00500-5 November 202I City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in this Agreement and in the GENERAL CONDITIONS: l . This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. a. The Performance and Payment Bond shall be one hundred percent (100%). b. The Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance, Payment and Warranty Bonds to the Owner or Engineer. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in Table of Contents of Project Manual. 00500-Agreement 00500-6 November 2021 l ih of Fa%cttc%i11c. ),rkan;a, IIensaIII Moumam I Ic�etcd %\ aucr Storai.�c I ank Impr++:cm.m, SECTION 00500 — AGREEMENT BETWEEN (:!'.'NER AND CONTRACTOR (continued) 7. DraN\ings consisting of a covet' sheet and sheets as listed in the Table of' Contents thereof (Drawings). with each sheet bearing the tollo\\inL+ general title: Benson Mountain Elevated Water Storace Tank Improvement11/7 8. Addenda numbers -44— inclusive. 9. The foIlo\\int' which ma\ be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment bN a pane hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the part sought to be bound: and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment. no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors. assigns, and legal representatives to the other part, hereto, its partners. successors. assigns. and legal representatives in respect to all covenants, agreements. and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Art\ provision or part of the Contract Documents held to be void or unenforceable under am Law or Regulation shall be deemed stricken, and all remaining pro\ isions shall continue to be valid and binding, upon The Citv of Fayetteville and Contractor. (10500-Agrcement 00500-7 \o cnaher 202 1 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. 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. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 00500-Agreement 00500-8 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on (iCtCt 20Z?—which is the Effective Date of the Agreement. CONTRACTOR: Caldwell Tanks, Inc. CITY OF FAYETTEVILLE By: Kevin J. Galla her By: Liorwld Jo (Type or leg' print) „ / (Type egibly (S ®,aZX'107 L' lipM (Signature) Title: Vice President Title: Mayor Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and 6,ipft,work ttttttsuch entity is petr>t1bin the State of Arkansas.��Ro�,�•'GAS Y 0A •sG��;: fkp (�YJTTEVILLE1-0 ; ` Attest '��`VIL Attest David E. Bartley. &tt k 00500-Agreement 00500-9 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) Address for giving notices Address for giving notices 4000 Tower Road 113 W. Mountain St. Louisville, KY 40219 License No. #0028840412 Agent for Service of process Cogency Global, Inc. 1215 Twin Lakes Drive Little Rock, AR 72205 (Type or legibly print) (Signature) Fayetteville, AR 72701 Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity Approved as to Form: or LLC, attach evidence of authority to sign.) By: Attorney For: END OF SECTION 00500 00500-Agreement 00500-10 November 2021 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number WATER SEWER (720) 2022 (BY) /Org2 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment is needed in the Benson Mountain Pressure Plane project for costs associated with the construction contract for the Benson Mountain Elevated Water Storage Tank Improvements. Contract includes construction of a new elevated water storage tank, associated site improvements and demolition of the existing tank. Budgeted Impact Fee Funds will be utilized for this project. Budgeted funds from the Impact Fee Project are being moved to cover the cost for the construction of the tank, associated site improvements and the demolition of the old tank COUNCIL DATE: 1 /4/2022 LEGISTAR FILE ID#: 2021-1040 }f o-ll y 31ac1� 12/21 /2021 9:20 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: 1/4/2022 TOTAL Account Number 2,772,000 2,772,000 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20211122 Account Name 5400.720.5600-5808.00 1,386,000 - 10006 1 EX Improvements - Water Line 5400.720.5600-6602.30 2300.720.9300-7602.40 - 1,386,000 1,386,000 - 10006 07002 1 RE 2001.1 EX Transfer from Fund - Impact Fee Transfers To Funds - Water & Sewer Func 2300.720.9300-4999.99 - 1,386,000 RE Use Fund Balance - Current H:\BudgetAdjustments\2022-Budget\CITY COUNCIL\01-04-22\2021-1040 BA Benson Mtn Water Tank Caldwell contractAsm 1 of 1