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HomeMy WebLinkAbout2-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 2-23 File Number: 2022-223 BID #22-55 KUSSER GRANITEWORKS USA, INC.: A RESOLUTION TO AWARD BID #22-55 AND APPROVE THE PURCHASE OF MATERIALS FOR THE CIVIC PLAZA WATER FEATURE FROM KUSSER GRANITEWORKS USA, INC. D/B/A KUSSER FOUNTAINWORKS IN THE AMOUNT OF $1,102,434.00 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 #22-55 and approves the purchase of materials for the Civic Plaza Water Feature from Kusser Graniteworks USA, Inc. D/B/A Kusser FountainWorks in the amount of $1,102,434.00. 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 January 3, 2023 Attest: Kara Paxton, City *'� IItii11ll !/ ��RK 61 Y O "sG�'' r Page 1 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JANUARY 3, 2023 CITY COUNCIL MEMO 2022-223 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir DATE: December 15, 2022 SUBJECT: AWARD BID #22-55 AND APPROVE THE PURCHASE OF MATERIALS FOR THE CIVIC PLAZA WATER FEATURE RECOMMENDATION: A RESOLUTION TO AWARD BID #22-55 AND APPROVE THE PURCHASE OF MATERIALS FOR THE CIVIC PLAZA WATER FEATURE FROM KUSSER GRANITEWORKS USA, INC. D/B/A KUSSER FOUNTAINWORKS IN THE AMOUNT OF $1,102,434.00 AND TO APPROVE A BUDGET ADJUSTMENT BACKGROUND: The Civic Plaza Construction Drawings are nearing completion. The Civic Plaza includes a water feature that mimics a stream that is placed diagonally through the site. It is a design/art feature that has been one of the main components of the plaza. DISCUSSION: This item is for the procurement of the fountain materials. This product is custom to the plaza and is manufactured overseas. The vendor fabricates the material, assembles it at the facility, then ships it in containers to the project. This process results to a very long lead item, so staff recommends procuring this material now, so when the deck is completed and construction on the plaza begins, we will not be delayed due to materials delivery. BUDGET/STAFF IMPACT: A Budget Adjustment for Unallocated Phase II of the 2019 Bond funds will be used for this change order. Staff recommends approval of BID #22-55 KUSSER GRANITEWORKS USA, INC. DBA KUSSER FOUNTAINWORKS ATTACHMENTS: 2022-223 SRF Kusser FountainWorks Civic Plaza Fountain, 2022-223 BA Kusser FountainWorks Civic Plaza Fountain, Bid 22-55 Civic Plaza Fountain Materials, RES BID 22-55 -MATERIALS CIVIC PLAZA FOUNDATION Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville Staff Review Form 2022-223 Item ID 1/3/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 12/15/2022 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Approval of Materials Bid 22-55 with Kusser Graniteworks USA, Inc. dba Kusser FountainWorks in the amount of $1,102,434.00 for the materials associated with the Civic Plaza water feature and approval of a budget adjustment. This is phase II of the 2019 bond project. 4708.860.7800-5804.00 Account Number 46080.7800 Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Arts Corridor Bonds Fund Arts Corridor Improvements Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 8,933,855.00 $ 8,898,292.33 r- 35,562.67 $ 1,102,434.00 1,137,996.67 Previous Ordinance or Resolution # Approval Date: V20221130 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FACILITIES MANAGEMENT (140) /Org2 2022 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of Materials Bid 22-55 with Kusser Graniteworks USA, Inc. dba Kusser FountainWorks in the amount of $1,102,434.00 for the materials associated with the Civic Plaza water feature. This is phase II of the 2019 bond project. COUNCIL DATE: 1/3/2023 ITEM ID#: 2022-223 Noll y Black 7211512022 7:44 PM Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - - v.20221115 increase/ (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4708.860.7800-5804.00 1,102,434 - 46080 7800 EX Building Costs 4708.860.7999-5899.00 (1,102,434) - 46080 7999 EX Unallocated - Budget 1 of 1 CITY OF FAYETTEVILLE ARKANSAS BID TABULATION Bid 22-55, Spring Granite Fountain for Upper Ramble DEADLINE: Tuesday, December 13, 2022 at 2:00 PM Total Kusser FountainWorks (Kusser Graniteworks USA, Inc.) $1,102,434.00 Line # I Description I QTY I UOM I Unit Extended 1 Total Bid for Spring Granite Fountain for Upper Ramble, meeting all the required specifications. 1 1 1 LS I $1,102,434.00 $1,102,434,00 * NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials. Amanda Beilfuss, Sr. Purchasing Agent Les McGaugh, Purchasing Director CITY OF -� FAYETTEVILLE ARKANSA Bid 22-55 Addendum 2 Kusser FountainWorks Kusser Graniteworks USA, Inc. Supplier Response Event Information Number: Bid 22-55 Addendum 2 Title: Spring Granite Fountain for Upper Ramble Type: Invitation to Bid Issue Date: 11/27/2022 Deadline: 12/13/2022 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors for the purchase of one (1) Engineered Modular Granite Fountain System to be placed in the Cultural Arts Corridor (Upper Ramble). This bid is for the purchase of assembled equipment only; Installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent, at abeilfuss@fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Kusser Fountain Works Bid 22-55 Addendum 2 Kusser FountainWorks Information Contact: Jerry Claxton Address: 3109 East 4th Ave Suite 204 TAMPA, FL 33605 Phone: (813) 248-3428 Email: sales@kusserusa.com Web Address: kusserusa.com By submitting your response, you certify that you are authorized to represent and bind your company. Jerry Leon Claxton Signature Submitted at 1211212022 08:39:06 AM (CT) Requested Attachments jclaxton@kusserusa.com Email Bid 22-55, Bid Manual Forms Bid 22-55, FILE #01 Bid Form - Kusser Signed-clx.pdf Please submit the signed and completed forms from the bid manual. This can be found in the 'Attachments' tab. Response Attachments K4028-F01-R00-001 Modular Granite Fountain Proposal.pdf Kusser FountainWorks Proposal 2022-09-14 Preliminary Sketch Fayetteville, hc.pdf Kusser FountainWorks preliminary sketch Bid Lines 1 Total Bid for Spring Granite Fountain for Upper Ramble, meeting all the required specifications. Quantity: 1 UOM: Lump Sum Price: $1,102,434.00 1 Total: 1 $1,102,434.00 Response Total: $1,102,434.00 Page 2 of 2 pages Vendor: Kusser FountainWorks Bid 22-55 Addendum 2 City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R KA N S AS Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 22-55, Spring Granite Fountain for Upper Ramble DEADLINE: Tuesday, December 13, 2022 before 2:00 PM, Local Time PRE -BID MEETING: Wednesday, December 7, 2022 at 10:00 AM, via Zoom PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 11/27/2022 INVITATION TO BID Bid 22-55, Spring Granite Fountain for Upper Ramble 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, 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 Director. Name of Firm: Kusser Graniteworks USA, Inc. DBA: Kusser FountainWorks Contact Person: Jerry Claxton Title: Director of Sales E-Mail: jclaxton@kusserusa.com Phone: 813-248-3428 Business Address: City: Tampa Signature: 3109 E. 4th Ave. �i L o�®w R.usa.�om, wxu�e. rou�ui�wo . Jerry Leon Claxton �� ePaeme,o,m.,9,wre City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 1 of 21 State: FL Zip: Date: 12/09/22 33605 City of Fayetteville Bid 22-55, Spring Granite Fountain for Upper Ramble Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 22-55, Spring Granite Fountain for Upper Ramble The City of Fayetteville is seeking bids from qualified vendors for the purchase of one (1) Engineered Modular Granite Fountain System to be placed in the Cultural Arts Corridor (Upper Ramble). This bid is for the purchase of assembled equipment only; Installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent, at abeilfuss@fayetteville-ar.gov or by calling (479) 575-8220. Bidding documents 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, December 13, 2022 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. 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/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 11/27/2022 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $171.13 City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 2 of 21 City of Fayetteville Bid 22-55, Spring Granite Fountain for Upper Ramble Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayetteville-ar.gov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (ww.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. 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. City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 3 of 21 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. 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. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 4 of 21 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Kusser Graniteworks USA, Inc. Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name Kusser FountainWorks *BUSINESS ADDRESS: 3109 E. 4th Ave. *CITY: Tampa *STATE: FIL *ZIP: *PHONE: 813-248-3428 *E-MAIL: jclaxton@kusserusa.com *BY: (PRINTED NAME) Jerry Claxton FAX: Digitally signetl by Jerry Leon Claxton M, C=US, CN=Jerry Jerry Leon Claxton Le°°Dla"°° *AUTHORIZED SIGNATURE: Reaaonlagreerohe,armadeineEbytheplacamenlomysignaWreonhla da�,men� *TITLE: Director of Sales UNIQUE ENTITY NUMBER: *TAX ID NUMBER: 59-2338770 Acknowledge Addendums: CAGE NUMBER: Jerry Leon Claxtonlh Addendum No. 1 Dated: 12/01/22 Acknowledged by: o.n,o,.,,-ma,e,°.snow, Addendum No. 2 Dated: 12/06/22 Jerry Leon Claxton Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 5 of 21 33605 City of Fayetteville Bid 22-55, Spring Granite Fountain for Upper Ramble References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: KUSser Graniteworks USA, Inc. DBA: Kusser FountainWorks BUSINESS ADDRESS: 3109 E. 4th Ave., Tampa, FL 33605 NUMBER OF YEARS IN BUSINESS: 29 HOW LONG IN PRESENT LOCATION: 29 TOTAL NUMBER OF CURRENT EMPLOYEES: 11 FULLTIME 11 PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed). Bidders shall have valid experience. 1. Whiting -Turner Contracting Co. COMPANY NAME Herndon, VA 20171 CITY, STATE, ZIP Joseph Lechtford CONTACT PERSON 925-209-7930 TELEPHONE February, 2022 DATE COMPLETED joseph.letchford@whiting-turner.com E-MAIL ADDRESS 3. L.F. Jennings COMPANY NAME Falls Church, VA 22046 CITY, STATE, ZIP Jeremy Lex CONTACT PERSON 517-259-0887 TELEPHONE September, 2021 DATE COMPLETED jlex@lfjennings.com E-MAIL ADDRESS City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 6 of 21 2. Millennium Pool Services COMPANY NAME Springfield, VA 22151 CITY, STATE, ZIP Hank Lavery CONTACT PERSON 703-939-5062 TELEPHONE June 2020 DATE COMPLETED hlavery@millenniumpool.com E-MAIL ADDRESS 4. Alberici Corp. COMPANY NAME St. Louis, MO 63114 CITY, STATE, ZIP Brent Richter CONTACT PERSON 314-733-2531 TELEPHONE August, 2022 DATE COMPLETED brichter@alberici.com E-MAIL ADDRESS City of Fayetteville Bid 22-55, Spring Granite Fountain for Upper Ramble 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. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. 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. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 7 of 21 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 right to select the bid that it believes will serve the best interest of the City. The City of Fayetteville reserves the right to accept or reject any or all bids. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Amanda Beilfuss, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 8 of 21 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. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT. FOIA. AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 9 of 21 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: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 10 of 21 d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 11 of 21 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 response and presented in the form of an addendum to the original bid documents. 25. PRICING a. unless price schedules are changed by contractor's manufacturer/supplier. In the event of a general price schedule decrease during the contract period, the City shall be guaranteed full benefit of the price reduction for all undelivered orders on the effective date of the decrease and thereafter. Contractor guarantees against increases in quoted price for the first thirty (30) days of the contract period. Thereafter in the event contractor's manufacturer/supplier increases his general price schedule, he may submit a price adjustment request to the Purchasing Office (Amanda Beilfuss — abeilfuss@fayetteville-ar.gov). The price adjustment request will be accepted so long as the requested increase in prices does not exceed the direct price increases published in the manufacturer's revised general price schedule (for example if manufacturer's price increases $.10/unit, he may request an adjustment not to exceed $.10/unit in the contract award price). The Contractor shall submit a letter from the manufacturer certifying the increased cost with each price adjustment request. All adjusted prices must be competitive with the prevailing market price. b. The City reserves the right to re-evaluate bidders in their standing in the event of a vendor price increase. 26. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshaiinot,beinciudedin the,bidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 12 of 21 bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@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 Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test 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 or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. I. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 13 of 21 written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having 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. 27. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 28. ATTACHMENTS TO BID DOCUMENTS: N/A BID FORM CONTINUES ON NEXT PAGE City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 14 of 21 City of Fayetteville Bid 22-55, Spring Granite Fountain for Upper Ramble Specification Requirements ENGINEERED MODULAR GRANITE FOUNTAIN SYSTEM PART 1 - GENERAL 1.1 SUMMARY A. Furnish all labor, materials, supplies, equipment, apparatus, tools, transportation, and perform all operations in connection with and reasonably incidental to the complete fabrication of the engineered modular granite fountain system as specified herein. Items of work specifically included are the engineered modular granite fountain stone structure, including all labor and materials required for the furnishing and fabrication of all modular fountain stonework called for on the plans. B. This bid is for the purchase of assembled equipment only; Installation will be the responsibility of the City. C. Fabricator Responsibilities 1. Fountain equipment per the drawing specifications. 1.2 DESIGN STATEMENT A. The engineered modular granite fountain system consists of various distinct elements. The spring fed trough will be machined into 14 parts as a monolithic granite modular system. There will be a keyway CNC routed with the adjoining sections of the water trough to keep water from wicking back behind the wall system. These modules will consist of monolithic granite modular sections sitting above the outer trough and locked together with the keyway. Fountain granite structures will be sized and detailed as indicated in Kusser FountainWorks drawings. This fountain is fabricated in modules with stainless -steel tensioning brackets and "0" rings used for assembly; the unit will have multiple "0" rings joints. All modules are assembled and leveled on top of a combination of concrete support pedestals or CMU block walls resting on footers or as indicated on the plans. B. Plumbing and conduit connections are factory installed in the granite exterior for field attachment of pipes and conduits. C. No additional waterproofing, structures, or finishes are required to complete the fabrication. City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 15 of 21 D. The water will be provided at 35 gpm from the spring and run down the various granite stone pathways to the lower pool and return to the natural system as indicated in the fountain piping plans. E. The engineered modular granite fountain will be fabricated in modules that are pre -assembled and bolted together at the factory. It will be tested at the factory for fit and water tightness. The assembled fountain sections will be fitted and operated at the factory. F. A digital video of the fountain(s) will be made at the factory and sent to the client via a secure download link for approval prior to shipping. G. After approval the fountain will be disassembled and packed into standard shipping containers for transport to the jobsite. H. Assembly of the engineered modules modular granite fountain at the jobsite is accomplished with a crane and connected using stainless steel tensioning brackets and a waterproof rubber "O" ring seal at the assembly joints. 1.3 REFERENCES A. The following codes, agencies, and guidelines shall be used to establish design criteria where not indicated otherwise on submittal drawings: 1. Underwriter's Laboratory 2. National Electric Code 3. National Electrical Manufacturers Association 4. Uniform Plumbing Code 5. Uniform Building Code 6. All state and local codes which are applicable 1.4 SUBMITTALS A. Samples will be reviewed for color and texture only. 1. Stone Sample a. Three samples for each type of stone showing a full range of color, texture, and finish expected in completed work. b. Minimum of a 12-inch square. 2. Sealant Samples a. Sealant installed between two pieces of 4-inch x 8-inch stone for each type and finish of stone. b. Mounted on suitable backing. City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 16 of 21 3. Approved Range of Stone Sample a. One set of approved range of stone will be returned to contractor by authorized owner representative. b. One set of approved range of stone will be returned to Kusser Graniteworks (fabricator) to serve as a guide for approved range of stone. 4. Design Modifications a. Submit for review any proposed variations in details or substitutions in materials required to meet specified performance requirements and to coordinate work. b. Where Fountain Contractor proposes to deviate from Contract Documents, provide drawings and calculations. B. Materials List 1. Includes pipe, fittings, fountain components, control system components factory installed within the granite fabricated system. C. Manufacturer's Data 1. Submit manufacturers' catalog cuts, specifications, and operating instructions for all equipment supplied. D. Shop Drawings 1. Show modular granite fountain layout of stone. 2. Show large-scale details of anchoring and assembly instructions for each type of stone required. 3. Indicate which joints are mortar and which are sealant. 4. Indicate materials and dimensions, including adjacent materials inclusive of water feature scope. 5. Number each piece of stone on setting drawings to correspond to identification number given each stone for fabrication. 6. Include list of materials and equipment integral with the stone feature. 7. Include pipe elevations and dimensions, pipe center lines, required clearances, and modular granite fountain fitting locations. 8. Submit all shop drawings using AutoCAD or equivalent. 9. Product data: manufacturers' descriptive data and performance characteristics for granite system. E. Quality Control Submittals 1. Certificates of Compliance from installer documenting that system was installed in accordance with requirements of Contract Documents and applicable codes, ordinances, rules, and regulations of authorities having jurisdiction. City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 17 of 21 F. Closeout Submittals 1. Operation and Maintenance Data 1.5 QUALITY ASSURANCE A. Single Source Responsibility 1. Retain one firm or company, referred to as "Fountain Fabricator" herein, to be responsible for stone supply and fabrication. B. Stone Fabricator Qualifications 1. Minimum 10 years in successful design and fabrication of work similar to major components of work indicated and required for this project. 2. Employs only experienced tradesmen with a minimum of 10 years successful experience in fabrication of work. C. Fountain Fabricator Qualifications 1. Minimum 5 years [documented] experience in work of this Section. 2. Successful completion of minimum of 5 projects of similar scope and complexity within past 5 years. D. Designer/Engineer Qualifications 1. Minimum 10 years [documented] experience in work of this Section. 2. Successful completion of minimum of 10 projects of similar scope and complexity within past 5 years. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver stone to project site in manufacturer's original packaging at times determined by the Owners Representative, using protection and handling equipment which will ensure no damage. B. Owners Representative will immediately inspect materials upon arrival to verify any damage incurred in shipment requiring repair or replacement and notify fabricator immediately. C. Owners Representative will tore above grade on wood dunnage or other suitable surfaces using polyethylene film so that water accumulations will drain freely. Separate stone from wood or other supporting or protection members. D. The Owners Representative is to provide protection of materials in the work area and remain responsible for any damage to the work until the project is complete. 1.7 GUARANTEE AND REPLACEMENT City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 18 of 21 A. The Fountain Fabricator shall warranty that any material found defective within one year of final acceptance shall be replaced at no cost to owners. B. The warranty does not extend to damage or failure caused by neglect, misuse, incorrect operation, or vandalism. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Contract Documents are based on engineered modular granite fountain fabricated by Kusser Graniteworks. 2.2 QUARRYING A. Provide stone from single quarry for each variety of stone required. B. Quarry stone in a manner to provide as -quarried block orientations which yield finished stone with required visual characteristics. 2.3 PREMANUFACTURED MODULAR GRANITE FOUNTAIN SYSTEM A. Provide modular granite fountain and fountain equipment by a single supplier. 2.4 GRANITE A. All granite shall be of standard architectural grade, free of cracks, seams, starts, or other traits which may impair its structural integrity or function. 1. Types and Sources a. Kusser FOrstensteiner Granite as supplied by Kusser FountainWorks (Division of Kusser Graniteworks) or approved equal by architect or owners. 2. Granite Specifications a. Unique identification code of this product types: 12058-FOG b. Type, batch, or serial number or another indicator for identifying the product: Trade name: FOrstensteiner Granit (Diorit) Petrographic Designation of the Stone: Diorite Look: anthracite -dark grey; fine -/medium grainy Quarry / Origin: Quarry Paradies Paradies 8, 94538 FOrstenstein City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 19 of 21 Bayer. Wald, Deutschland Geo-coordinates (WGS 84): 13,322' 6L. / 48.710 ° nB. The appearance is partly with typical white or green variations with various widths and shapes as well as brighter and darker accumulation of minerals. Intended use as foreseen by manufacturer: Floor panels and stair cladding made from natural stone for floor and stair in indoor and outdoor area according to DIN EN 12058:2015 e. Name, registered trading name, or registered brand and contact address of the manufacturer: Kusser Granitwerke GmbH, DreiburgenstraRe 5, 94529 Aicha vorm Wald f. System or systems for assessment and verification of consistency of performance of the construction project according to attachment V: System 4 g. Declaration of performance for the essential characteristics according to harmonized specification DIN EN 12058:2015: ESSENTIAL CHARACTERISTICS PERFORMANCE FIRE BEHAVIOR Class Al BREAKING STRENGTH (Bending strength as average 18 / 12 / 2,7 MPa value / lower expected value (EL) / standard deviation) SLIDING ABILITY (Anti -sliding -effect / Sliding resistance SRV dry/wet. > 75 / >_ 60 Surface treatment: rough treatment (sandblasted, flamed, diamond sawn) >_ 65 / >_ 30 Fine treatment (honed) TACTILE/VISUALLY MEASURED PROPERTIES - DIRECT AIRBORNE SOUND INSULATION (as bulk 2800 kg/m3 density average value) THERMAL CONDUCTIVITY NPD RESISTANCE TO RUST- FREEZING/THAWING- GENERAL Bending strength (average values) before / after 56 18 / 18 MPa freezing/thawing cycles (technological test according to EN 12371) EMISSION OF RADIOACTIVITY < 1,0 RELEASE OF OTHER DANGEROUS SUBSTANCES NPD h. The performance of the product according to the numbers 1 and 2 corresponds to the declared performances according to number 6. Responsibility for generating this declaration of performance is only the manufacturer according to number 4. 3. Finishes a. Apply specified finishes for each stone type. b. Straight backs on radial units are acceptable if not visually exposed. C. Finish exposed to view edges and reveals in stone to match face finish, except that sawn finish in granite reveals is acceptable. 2.5 GRANITE SPECIALTIES City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 20 of 21 A. Modular engineered granite water table feature is fabricated in modules with required "0" rings. Includes required fittings within the unit as per Kusser FountainWorks drawings. 2.6 GRANITE ELEMENTS A. Material: FOrstensteiner 2.7 GRANITE ACCESSORIES A. Anchoring system, tension brackets, dowels, shims, and supports provided by stone fabricator in Type 304 stainless steel and as required meeting performance requirements. END OF BID FORM City of Fayetteville, AR Bid 22-55, Spring Granite Fountain for Upper Ramble Page 21 of 21 KUSSER 0 QUOTE Kusser FountainWorks 3109 E 4th Ave, Tampa, FL 33605-5713, To Amanda Beilfuss City of Fayetteville Arkansas 113 W Mountain St City of Fayetteville, AR 72701 United States QUOTE # K4028-F01-R00-001 DATE Dec 13, 2022 Phone 479-575-8220 ACCOUNT EXECUTIVE Reference: Bid 22-55, Spring Granite Fountain for TERMS Jerry Claxton Upper Ramble Supply Only of the granite water feature modular stone. QTY DESCRIPTION KUSSER FOUNTAIN WORKS IS OVER 100 YEARS OLD AND HAS BEEN ACTIVE IN THE FOUNTAIN INDUSTRY FOR OVER THE LAST 30 YEARS. WE APPRECIATE THE OPPORTUNITY TO BID THIS PROJECT AND WOULD LIKE TO SCHEDULE A TIME TO MEET AND DISCUSS HOW WE CAN DO BUSINESS WITH YOU. PLEASE CONTACT JERRY CLAXTON AT 813-520-9896 WITH ANY QUESTIONS BUDGET BASED UPON 11/18/2022 GRANITE BID DRAWINGS SHEETS L5.50, L5.51, L5.52 ,L5.53. KUSSER'S PRICING INCLUDES DESIGN OF THE GRANITE FOUNTAIN SYSTEM, FABRICATION OF THE GRANITE FOUNTAIN SYSTEM AND DELIVERY TO THE JOB SITE. EXCLUDES ALL OF THE FOLLOWING: SITE OFFLOAD, INSTALLATION, MEP SUPPLY AND INSTALL, ALL CONCRETE WORK, FOUNDATIONS, SUPPORTS. SCHEDULE: 4-6 WEEKS - SHOP DRAWINGS 26-31 WEEKS - GRANITE FABRICATION WEEKS AFTER APPROVED SHOP DRAWINGS. 4-6 WEEKS - SHIPPING OCEAN FREIGHT TO JOB SITE "VALIDITY NOTE: Our proposal is valid for 30 days from proposal date. Within these 30 days, customer can move forward with an order for the fabrication of the granite modular fountain and equipment to secure the proposal pricing for a future installation. Kusser FountainWorks will bill the order as stored materials, plus any applicable storage fees. "SHIPPING NOTE: In consideration of current market conditions, port congestion, fuel surcharges, trucking volatility and labor shortages, Kusser cannot guarantee a firm price for shipping. Domestic and International Shipping, Custom and Duty Fees, and truck transportation from USA port to the delivery address are based on current rates (or date of the proposal). Due to the fluctuating market, these items will be invoiced at actual cost at time of shipment. Actual transportation invoices will be provided to client to issue a change order for any cost above the allowance. Allowance of $108,000 included in this proposal. 1 GRANITE MODULAR FOUNTAIN SYSTEM MATERIALS 01.01 MODULAR GRANITE FEATURE Factory fabricated granite runnel fountain feature consisting of 14 modules with borings and flanges for water supply, return and drainage connections. All overflow weir edges are rounded R 25 mm for smooth flow of water. Including stone bridge in one of the module. The modules are fixed to each other with stainless -steel clamps, each module is made of Large natural stone elements, anchored and watertight glued together with 2 component epoxy resin glue. Dec 13, 2022 K4028-F01-R00-001 Reference: Bid 22-55, Spring Granite Fountain for Upper Ramble 1 of4 Qi innly (lnly of tho nronito Xniotor footi iro mnrli dor QTY DESCRIPTION Please note that this price is based on the drawings Landscape drawings dated November 18,2022- Spring details. Price is subjected to change in case of further change in design. Material: Furstensteiner Granit (Diorit anthrazit-dunkelgrau; Bruch: Paradies, Furstenstein, Bayer. Wald) Finish: Water flow surface saw cuts and textured; all visible surfaces honed otherwise sawn Dimension: 8929 x 274.5 x varies cm Module = 792.5 cm x 197.5 cm x 91.5 cm Module 2 = 760 cm x 171.5 cm x 71.1 cm Module 3 = 903.5 cm x 103 cm x 71.1 cm Module 4 = 597.9 cm x 183.5 cm x 91.6 cm Module 5 = 700 cm x 91.5 cm x 60 cm Module 6 = 700 cm x 91.5 cm x 20 cm Module 7 = 700 cm x 91.5 cm x 20 cm Module 8 = 700 cm x 219.5 cm x 40 cm Module 9 = 700 cm x 61 cmx25cm Module 10 = 700 cm x 61 cmx25cm Module 11 = 871 cm x 61 cm x 25 cm Module 12 = 720 cm x 198 cm x 77.2 cm Module 13 = 700 cm x 190 cm x 77.2 cm Module 14 = 328.2 cm x 84.5 cm x 77.2 cm (28) 01.03 SPRING CHANNEL COVER PLATES Stone cover plates approx. 6 cm for the spring channel. Including machined slots on top surface. Finish: All visible surfaces honed otherwise sawn Dimension: 101 x 51 x 6 cm GRANITE SHIPPING GRANITE NOTES The sample of natural stone, which you will select, indicates an average of color markings and other characteristics. Stone is a product of nature; therefore, it is impossible to guarantee uniformity of color veining or any other characteristics. GRANITE INCLUSIONS 01. Shop Drawing 02. Duty, Broker Fee, Customs Fee, Customs Bond 03. Insurance to the jobsite 04. Crating for Seaworthy GRANITE ACCESSORIES Anchors: Anchoring system, tension brackets, dowels, shims and supports provided by stone fabricator in Type 304 stainless steel and as required meeting performance requirements 1 GRANITE PLANTER WALLS MATERIALS 01.02 PLANTER WALLS Granite wall sections around the spring feature not part of the modular construction. Including SS Clamps for anchoring with modules. All parts made of large natural stone elements, anchored and watertight glued together with 2 component epoxy resin glue. Material: Fdrstensteiner Granit (Diorit anthrazit-dunkelgrau; Bruch: Paradies, Fdrstenstein, Bayer. Wald) Finish: All visible surfaces honed otherwise sawn MISC STAINLESS STEEL HARDWARE FOR ATTACHMENT TO MODULAR SYSTEM GRANITE NOTES The sample of natural stone, which you will select, indicates an average of color markings and other characteristics. Stone is a product of nature; therefore, it is impossible to guarantee uniformity of color veining or any other characteristics. GRANITE INCLUSIONS 01. Shop Drawing 02. Duty, Broker Fee, Customs Fee, Customs Bond 03. Insurance to the jobsite 04. Crating for Seaworthy Dec 13, 2022 K4028-F01-R00-001 Reference: Bid 22-55, Spring Granite Fountain for Upper Ramble 2 of 4 Qi innly llnly of +kn nrnnitn uun+iar fianh iro mnrh dnr QTY DESCRIPTION GRANITE ACCESSORIES Anchors: Anchoring system, tension brackets, dowels, shims and supports provided by stone fabricator in Type 304 stainless steel and as required meeting performance requirements SITE VISITS / SHOP DRAWINGS 1 DESIGN It VISITS FOR INSPECTIONS SITE INSPECTION VISITS/STARTUP (6 ONE -DAY TRIPS INCLUDED (ONLY 1 KUSSER REPRESENTATIVE)) 1. Preconstruction meeting 2. Roughins inspection 3. Mechanical install inspection 4. Startup and display adjustment 5. Final programming 6. Owner training and turnover SHOP FABRICATION DRAWINGS Shop fabrication drawings for water feature granite system and installation details. MANUALS WARRANTY 12 Months from date of acceptance. See manufacturers warranty detail onequipment. This is for the supply only of the Kusser granite modular system with adjacent planter granite walls. All other supply and scopes excluded as outlined below. 1 EXCLUSIONS** **All MEP equipment, ALL installation scopes, storage if required. **Grouting, caulking **Surveys, benchmarks or elevations **Engineering of foundations and sub slab to level working surface **All concrete work and foundations required for granite system **PE Stamped drawings (if required it will be at an additional fee) **Health Department requirements or permits **Sales tax (is the responsibility of the owner to remit applicable tax to the appropriate tax agency) **Proposal assumes free and clear access to construction site. All required lifting and hoisting. **All excavation and backfill. Import/export of fill (Note: site fill to be nominal grain material) **Any special limitations to gain access to site for delivery and installation of fountain equipment **Financial Bond unless stated otherwise within this document. Wage Scale / union rates. **Dewatering, tenting, heating. **All box voids if required, concrete foundations **All finishes except granite modular slabs on runnel; granite planter walls, quantity as included within proposal **All permits $ inspections **All items not listed within this proposal TERMS: Payment Terms: All prices are in US Dollars. $ 50% Deposit on acceptance of contract $ 40% Due prior to vault shipment Balance Due net 30 days after delivery. Dec 13, 2022 K4028-F01-R00-001 Reference: Bid 22-55, Spring Granite Fountain for Upper Ramble 3 of 4 Qi inniv r)nly of +kn nrnnitn uun+iar fianh iro me-wh dnr DESCRIPTION SUBTOTAL $1,094,934.00 SALES TAX SHIPPING TOTAL Thank You For The Opportunity! $0.00 $7,500.00 $1,102,434.00 Dec 13, 2022 K4028-F01-R00-001 Reference: Bid 22-55, Spring Granite Fountain for Upper Ramble Qi innly Only of tho nronito Xniotor footi iro mnrli dor 4 of 4 1 2 3 4 5 6 7 8 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A A Section View B 7167 [23'-641"] B 3203 [10'-6"] i 3964 [13'] 2 ' n _ m N co o N 1131., 4267 [14'] 133096 1330.70 133070 C — — — — n 133E 09 FinisM1eE Floor n S C Phan View Planter Walls D D Planter Walls and cover stone Spring Source = 21335 [70'1 Open Spring Channel=30160 [98'-111 1 Spring Channel=26210 [86'1 Spring Ouffall=11585 [38'1 Ln CD o ms rn n o ----- ' MODULEI#5,e\\\ ; " - - = ' _ _ ODULE #12 \;\\\,\' _ /J _ o — o a 7((l - n V MODULE #1 r --- jbTF132..§ E I N MODULE V �.� O . p � O MODULE # 4 535 [1'-9"] Ln 3282 [10'-94"] 01 SPRING OUTFALL DETAIL Ln in m rae= :5 [— in Modul 1 =7925 [26'1 Modul 2=7600 [ 4'-114"] Modul 4 = 5979 [19'-72"] Modul 6= 7000 [22'-112"] Modul 8 = 7000 [22'-112"] Modul 10 = 7000 [22'-112"] Modul 12 = 7200 [23'-72"] Modul 13 = 7000 [22'-112"] Modul 3= 9035 [29'-74"] Modul 5 = 7000 [22'-1121"] Modul 7 = 7000 [22'-112"] Modul 9 = 7000 [22'-13"] Modul 11 = 8710 [28'-7"1 F('01__ F SPRING KEY PLAN SCALE= 1 :100 G c KUSSER Fountainworks USA JOB-NO:4028 TIME LIMIT: Dreiburgenstra3e 5 Tel: 08544/9625-0 Fax:08544/9625-93 WEIGHT: SCALE:1:100 Germany-94529 Aicha vorm Wald KVSSER www.kusser.com MATERIAL: FOrstensteiner DATE NAME Fayeftevile Ramble fountain EDITOR 14.09.2022 he REVIEWED Preliminary Sketch H STANDARD Kst./Posit ionsnr: Kusser USA -2022-09-4028-01 - A20 STATE CHANGES DATE NAME FILE-NAME:&11VflIAoge6ofelBNl•BINUSSERUSA#4�181heAamhlefayelteYdleNUhI�SPId�PiV�V1l�Iw�fI�U1I•]V1]E�IY�PIId[PIIPYI�P,hcdN9 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. A RESOLUTION TO AWARD BID #22-55 AND APPROVE THE PURCHASE OF MATERIALS FOR THE CIVIC PLAZA WATER FEATURE FROM KUSSER GRANITEWORKS USA, INC. D/B/A KUSSER FOUNTAINWORKS IN THE AMOUNT OF $1,102,434.00 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 #22-55 and approves the purchase of materials for the Civic Plaza Water Feature from Kusser Graniteworks USA, Inc. D/B/A Kusser FountainWorks in the amount of $1,102,434.00. 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.