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Home My WebLink About126-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 126-25 File Number: 2025-497 COMFORT SYSTEMS USA (ARKANSAS), INC. (SERVICE CONTRACT): A RESOLUTION TO AWARD BID #25-32 AND AUTHORIZE A CONTRACT WITH COMFORT SYSTEMS USA (ARKANSAS), INC. FOR INSPECTION OF BACKFLOW PREVENTION EQUIPMENT ON AN ON -CALL BASIS FOR ONE YEAR WITH FOUR AUTOMATIC ONE-YEAR RENEWALS 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 #25-32 and authorizes a contract with Comfort Systems USA (Arkansas), Inc. for inspection of backflow prevention equipment on an on -call basis within the approved budget for one year with four automatic one-year renewals. PASSED and APPROVED on May 20, 2025 Approved: Molly Rawn, Mayor Attest:va P% EgYETfEV!ILE " '��' 9gkAN5PS 2.` :H��,G70N��J`��• Kara Paxton, City Clerk Treasurer Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 20, 2025 CITY COUNCIL MEMO TO: Mayor Rawn and City Council THRU: Steven Dotson, Chief Financial Officer Waylon Abernathy, Bond Projects & Construction Dir FROM: Quin Thompson, Facilities & Bldg Maint Manager SUBJECT: COMFORT SYSTEMS USA (ARKANSAS) INC. (SERVICE CONTRACT): RECOMMENDATION: 2025-497 Staff recommends award of Bid 25-32 for On -Call services and approval of a contract with Comfort Systems USA (Arkansas) Inc. for inspection of backflow prevention equipment on an on -call basis for one year with four one-year automatic renewals. BACKGROUND: Backflow testing and inspection services were advertised and bid through the City Procurement Division. The contract is for a period of one year with an automatic option to renew unless canceled, for four additional one- year terms. Bids were advertised according the State procurement requirements with responses received from two vendors. Comfort Systems USA (Arkansas) Inc. is the lowest responsible, responsive bidder. This contract can be utilized by multiple City departments and divisions on an as -needed, on -call basis. DISCUSSION: State statute mandates that backflow prevention devices must be tested annually by a certified tester to ensure they are functioning properly and to protect the city's water supply from contamination. Facilities Management is currently responsible for inspection and testing of some 70 devices at an estimated annual cost of approximately $10,000. BUDGET/STAFF IMPACT: This project is funded by 2025 Sales Tax Capital Improvement funds. ATTACHMENTS: SRF (#3) , Bid 25-32, Appendix A - Bid Tab (#4), Bid 25-32, Appendix B - City Issued Bid (#5), Bid 25-32, Appendix C - Comfort Systems Bid Submittal (#6), City Of Fayetteville RPZ-1 (#7) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-497 COMFORT SYSTEMS USA (ARKANSAS), INC. (SERVICE CONTRACT): A RESOLUTION TO AWARD BID #25-32 AND AUTHORIZE A CONTRACT WITH COMFORT SYSTEMS USA (ARKANSAS), INC. FOR INSPECTION OF BACKFLOW PREVENTION EQUIPMENT ON AN ON -CALL BASIS FOR ONE YEAR WITH FOUR AUTOMATIC ONE-YEAR RENEWALS 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 #25-32 and authorizes a contract with Comfort Systems USA (Arkansas), Inc. for inspection of backflow prevention equipment on an on -call basis within the approved budget for one year with four automatic one-year renewals. Page 1 Quin Thompson Submitted By City of Fayetteville Staff Review Form 2025-497 Item ID 5/20/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/30/2025 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Staff recommends award of Bid 25-32 for On -Call services and approval of a contract with Comfort Systems USA (Arkansas) Inc. for inspection of backflow prevention equipment on an on -call basis for one year with four one-year automatic renewals. 4470.140.8900-5315.00 Account Number 02046.1 Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Sales Tax Capital Fund Building Improvements Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,045,935.00 $ 8,778.50 Is 1,037,156.50 1,037,156.50 Previous Ordinance or Resolution # Approval Date: V20221130 CITY OF FAYETTEVILLE ARKANSAS BID TABULATION Bid 25-32, Construction - On -Call Backflow Preventer Maintenance DEADLINE: Thursday, February 27, 2025 at 2:00 PM Comfort Systems Arkansas Backflow USA (Arkansas) Inc. Consultant, LLC Line# Description QTY I uom Extended Extended 1 Tot a l hourly cost for Backflow Preventer Maintenance 1 Hour $87.50 $125.00 (this shall be inclusive of all expenses): 2 Markup percentage on any repair materials: 25% 10% NOTICE: Bid award is contingent upon supplier meeting minimum specifications and lormaI authorization by City Officials. 3�aa5 Am a Beilfuss, curement Director Kenny Fitch, Sr. Procurement Agent CITY OF FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 City of Fayetteville, Arkansas Purchasing Division — Room 306 INVITATION TO BID Bid 25-32, Construction - On -Call Backflow e) Preventer Maintenance G 9�61 DEADLINE: Thursday, February 27, 20 before �VI, Lo �fne PROCUREMENT DIRECTOR: Amanda Bei abeilf a e to *; . ov DATE OF ISSUE AND ADVERTISE • 02/0 5 /2025 VIT TO a► Bid 25-32 Con tr c I — - all w erQter Maintenance T 1%' V► nn•• No late bids will be acre to . I shallGbmitt one of the following methods: 1 through the City's third-p lectron' ing p m, or (2) delivering In person via sealed envelope to the City of vill sing n. Submitting through the City's electronic bidding platform is s on enco ge All bids shall be b i accord with the attached City of Fayetteville specifications and bid document a�d hereto. Each bidder is required to fill in every blank and shall supply all informat*� uested; failure to do so may be used as basis of rejection. V 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 Division. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 1 of 15 City of Fayetteville Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 25-32, Construction — On -Call Backflow Preventer Maintenance The City of Fayetteville is seeking bids from properly licensed contractors for providing backflow preventer maintenance on an as -needed basis. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Procurement Director, at abeilfuss@fayetteville-ar.gov or bcalling (479) 575-8220. I Bidding documents and addenda shall be obtained at the City of Fayette urchasin i sion's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be r�ec by Thur ebruary 27 2025 before 2:00 PM, Local Time utilizing the electronic i softwar Qsubmit ealed physical bid to the City of Fayetteville, Purchasing Division address s d Belo ids ar Nbefore the time stated. Submitting a bid electronically is strongly encc�u r d. A public ' ening w& onducted shortly after the deadline at City Hall and livestreamed at htt w. outu use c a etteviIlear. No late bids shall be accepted. The City of Fayetteville shall of e resp for to isdirected bids, or for failure of Bidder's technical equipment. Pursuant to Arkansas Code Annota and women business enterprise City of Fayetteville encour small, minority and women b ine. All interested parties shall be qual state and local governments V44 The City of Fayetteville the Contract for a per' date. -9rd e�of Fa ett it e e Y onr ive co s for go(' neral co ctors ontrac pri es Wall qualified small, minority :rvices, and construction. Also, ns of their contract to qualified licen,4 010 accordance with all applicable laws of the r+ 0 Mies, to reject bids, and to postpone the award of beyond ninety calendar days from the bid opening CG` - City of Fayett I By: Amanda Beil uss, Procurement Director P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 02/02/2025 & 02/09/2025 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $345.40 City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 2 of 15 City of Fayetteville Bid 25-32, Construction — On -Call Backflow Preventer Maintenance 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: • Rirl Ottrihi itac • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments —Required Bid Form (this form, completed in its entirety) I Actual specification of any deficient item shall be noted on the bid et or se ttachment. If specifications of item bid differ from provided literature, deviation sha ocumen d certified by the manufacturer as a regular production option. ` 14 PRICE: Bidders shall submit pricing on the Cy's nlin biddital (ww tteville-ar.gov/bids) in the format presented online. Refer to the City's electro ding '�m tN4 bid pp�i' g electronically. Contact the City P c I Di sio to ob cumen cessary to submit a physical sealed b ev , all bidders ongly ouraged to submit on the � 4ijW0§onliy� ing p �� "W �v �V RID RnND 1 2 3 Each bid shall bo Panied a cashi r' eck from a bank doing business in the State of Arkansas or a corp t� and i amount' II than five (5) percent of the amount bid. This five (5) percent t shall b off t to ase bid amount submitted. In the event a bid s to submit a cashier's check for a bid bond, the check shall be made payable to the City of Fay AR and received by the Purchasing Division prior to the bid deadline. the actual physical cast * 's eck shall be delivered to the City prior to the deadline. UPIo1% physica d bond to the City's electronic bidding platform (preferred) OR attach bid bond with ittal and setting up an in -person delivery appointment with the City Purchasing Division. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this bid, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 3 of 15 2. Unless otherwise noted and explained, the unit(s) 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. 4. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firs, and/or Ammunition Industries, the contractor must notify the contracted public e.Otity in writi 5. The Bidder can and will comply with all specifications and requir Zis for deli Ocumentation and support as specified herein. 6. Bidder, as an officer of their organization er the at a etter �h6rization, is duly authorized e to certify the information provided h6\ cura �e. • 7. Bidder shall comply with all State ederal pport d N -Discrimination requirements and conditions of employment St, ition t ec eral, st d locail I s. 8. Bidder shall disclose a �le co lic of inter h th Cit Fayetteville, including, but not p limited to, any relat wit any City of Fa e empl Response shall disclose if a known relationship exists bet een an p n ilhal or e o e of yo and any City of Fayetteville employee or elected City of Fayette it icial. If ationshi ts, this should also be stated in your response. Failure to dis s a relat' hi may r cancellation of a purchase and/or contract p � � p Y as a result of your r s Z NO K N RELATIO SHIP EXISTS ` 2. ONS E lease explain): ` - 9. Bidder willm the Work in compliance with all applicable trench safety standards set forth in Vq__Y GB Occup rfeand Health Administration (OSHA) Part 1926 — Subpart P —Excavations. 10. As s bid er 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 City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 4 of 15 ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *STAT *PHONE: V" F _ *E-MAIL: _^ • TAX ID NUMBER:U- �N U ENTITt'��_ *BY: (PRINTED NAME) -dool—� A� *AUTHORIZED SIGNAT E: *TITLE: e3s 'qV Acknowledge Addend Addendum N ated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 5 of 15 *DATE: City of Fayetteville Bid 25-32, Construction — On -Call Backflow Preventer Maintenance General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: 2 3 a I C. e Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. 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 the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Su i ting a bid electronically is strongly encouraged. A public bid opening will be conduoted short) ft e deadline at City Hall and livestreamed at htt s: www. outube.com user cit etteviIlea ate bids shall be accepted. The City of Fayetteville shall not be responsible forlo isdirect s, or for failure of Bidder's technical equipment. 3� The City will not be responsible for misyir ed bids. Bi Qbu I d c purchasing Division Office at (479) 575-8256 to ensure correct rece f iddin c- nts o pening time and date listed on the bid form. �► Bidder is advised that excepti06 any erms c ed in4t must be identified in its response to the bid. Failurean-negN so e City dec re a erm non-negotiable. Bidder's desire to take exception abterm w' is lif f m consideration for award. p �� q Y Local time is defined T, the ti JiFl*yettevilll ansas o ue date of the deadline. Bids shall be received before the timeby t A mic cloc ed in the Purchasing Division Office or electronic clock locatec4n 4�vl's thir tv biddi are. Bids will be evalu reserves the rig l� • riv : Faffid N : ' W I ; No oral interp documents. All qu writing via e-mail the response w of the con c the prop � est interest of the City of Fayetteville one, or by line item. The City ►FOR IN TATI OLA-RIFICATION: tionk4kk b made to N44jrms as to the meaning of specifications or any other contract estiQ rtaining to the terms and conditions or scope of work of this bid must be sent in i"rocurement Director. Responses to questions may be handled as an addendum if ovide clarification to the requirements of the bid. All such addenda shall become part uments. The City will not be responsible for any other explanation or interpretation of made or given prior to the award of the contract. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 6 of 15 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial 1—arrors in the invitation to bid or in bids submitted. ' e. The City of Fayetteville reserves the right to request any necessar ri ' ations ti nal information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the re arati rt bmissi o ids to or an work performed in p p p �� , Y connection therewith, shall be borne sol he bi). No pa will be made for any responses received, or for any other effort requir r made e bidCD ror to contract commencement. 6. CONFLICT OF INTEREST: V � 61 a. The bidder represents t resen y h o inter �'�and shal .r no interest, either direct or indirect, which wou o t i any er wit t erfor ce services required hereunder, as provided in City of F Ile de Section 3 led "Aurt of y of City Employee to Contract with the City". � b. All bidders shall prom ti y Ama �ilfuss, Ci urement Director, in writing, of all potential conflicts of interes �ros sine a i ion, interest, or other circumstance which may influence or ap ear Ivnflue e N bidder'sj ent or quality of services being provided. Such written notif4c shall id ti the pr ive business association, interest or circumstance, the nature of e bidd ay u d request an opinion to the City as to whether the associate r rest or stan c wo in the opinion of the City, constitute a conflict of interest if entered into by t. The City ees to communicate with the bidder its opinion via e-mail or first-class mail it in rty days of receipt of notification. 7. WITHDRAWL lam✓ A bid ma drawn prior to the time set for the bid submittal, based on a written request from an authorize esentative 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 BID 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) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 7 of 15 9. CONSTITUTIONAL, 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 constitutional, state, and federal directives, orders and laws as applicable to this bid and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make a departments, municipalities, and counties, the bid prices submitted in conditions therein, should any said governmental ntity desire mean all state of Arkansas agencies, the legisla d judicia c local district school boards, community colt es, unicip li es coy authorities), which may desire to purchas e ter n ondi is A� 11. COLLUSION: I� i t � `/1 12 13 The Bidder, by affixing their sign made without previous unders� making a bid for the same collusion, fraud, or other The City of Fayetteville rese purchases between th4-4 Freedom of In work are sub ( presence t� documen n (A.C.A. §25- - assessed for th or conneNcr an ,in all to all G ent agencies, nce �i s d bid terms and XI'V. Eligible Users shall a subdivisions (counties, other public agencies or e contract. r certifies that their bid is rson, firm or corporation without outside control, or's records as such records relate to s an dN-ments prepared while performing City contractual oAct. If a Freedom of Information Act request is ,.rmation tor) will do everything possible to provide the s prescribed in the Arkansas Freedom of Information Act uthorized photocopying costs pursuant to the FOIA may be resolve any disputes shall be in Washington County, Arkansas with Arkansas law The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 8 of 15 14. INSURANCE: The successful Bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker's Compensation, and General Automotive, if applicable. SUCH CERTIFICATE SHALL LIST THE CITY OF FAYETTEVILLE AS AN ADDITIONAL INSURED. LISTING THE CITY OF FAYETTEVILLE AS A CERTIFICATE HOLDER ONLY IS NOT AN ACCEPTABLE SUBSTITUTE. CERTIFICATE OF INSURANCE MUST INCLUDE THE ENDORSEMENT SHOWING THE CITY OF FAYETTEVILLE LISTED AS AN ADDITIONAL INSURED. Insurance shall remain valid, when applicable, throughout contract completion. 15. 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 fLOnderstood by bidders prior to submitting a bid on this requirement. ♦ G 16. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable c modatio ticipat i is proceeding/event, should call 479.521.1316 (telecommunications de or the not lat seven days prior to the deadline. Persons needing translation of �bi ocument s tact t of Fayetteville, Purchasing Division, immediately. ` �� • 17. PROCUREMENT POLICY FOR RECYCLE TERIAL The City of Fayetteville wishes to urage ' d ers to cycled► V" is in fulfilling contractual obligations to the City and th s Pop: ra ei II serve a ode o er public entities and private sector companies. a► 18. PAYMENTS AND INVOICI '1 o' The bidder must specify in th !blde exa pany na d address which must be the same as invoices submitted for aY nresult and of t urther, the successful bidder s responsible p, ip for immediately notify' Purcha ' ivision rcompany name change, which would cause invoicing to change fro nam t the tim e original bid. Payment will be made within thirty days of invoice rece d. e City ayetteville i ver credit worthy and will not pay any interest, fees, or penalty for un i yment . ayments processed through bidder's acceptance of Visa at no additional c t e City f dite p y nt processing. The City will not agree to any nonrefundable deposit or reta r th I remain p y of the bidder even if the hourly work actually performed by the bidder would not ' . such fee. 19. CANCELLATION- G` a. The Cijor4e s the right to cancel this contract without cause by giving thirty (30) days prior notice to the a for in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or id by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 9 of 15 c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 20. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shaellrovide wri tice to the City within thirty (30) calendar days of Contractor's notice of such action upon t rrence of said action, whichever occurs first. The right to terminate this contrac�ich sh t e unreasonably exercised by the City, shall include, but not b limited to, ir►stc in whi rporate acquisition and/or mergerre ownY local t resent a conflict of intere e contrar p e, or federal laws. Action by the City awarding a bid to a firm that h di sed its i e o as ubcontract in its response to the bid, without exception shall co ti proval rposeof reement. 21. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no ion on t o u e riendor all work of this type, which may develop during the contra d. This an excl Isi ntra ty specifically reserves the right to concurrently contra the om es for ar work ' s such an action to be in the City's best interest. In t a ultiple cont is pro on II apply separately to each item. 22. LOBBYING: ( Lobbying of selection committ'`✓` bers, Fayett vi employees, or elected officials regarding request for proposals, re 0or ualifi bids or �ts during the pendency of bid protest, b q p p q g p Y p Y the bidder/proposer/pr, s ran r r of t s/propose r's/protector's staff, and agent of the bidder/proposer/pr testo r an so emplo e any legal entity affiliated with or representing an organization that is onding t th eques roposal, request for qualification, bid or contract, or has a pending bi strictl hibite I n advertisement or on a date established by the City of Fayetteville a s II be prClever, d unti eith r n award is final or the protest is finally resolved by the City of Fayetteville; provi not - g herein shall prohibit a prospective/bidder/proposer from contacting the Fur a in ivision to address situations such as clarification and/or questions related to the procurement pro s or purposes of this provision lobbying activities shall include but not be limited to, influencing or ting to influence action or non -action in connection with any request for proposal, request f cation, bid or contract through direct or indirect oral or written communication or an attempt to in 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. 23. 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. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 10 of 15 24. ADD OR DELETE LOCATIONS OR SERVICES: 25 The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 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 der wishes to propose shall be clearly stated in the bidder's response and presented in thieform of an EJ�en+dum to the original bid documents. � ;� 26. OTHER GENERAL CONDITIONS: %L& .^� a. Bidder is presumed to be familiar with all fede ate, an in any manner affect those engaged ore toyed in thel that in any way affect the Work an X I in aW21n regulations. No claim of misunderst in or igno serve to modify the provisions o� e ontract pre the contract. O b. Prices shall include all I oterial C rhead p products and servic me Sales tax sha i sales tax laws will app when r c ssalhy but wi Me cor c. Each bidder should s delivery of services tp4 I Bidders must p bids on be ail bidder. e. The City resery bidders after th f vs, r Lies, and regulations which th ials or equipment used, or Z th said laws, ordinances, and idder or Proposer will in any way /shall *#,- binding unless embodied in ping, freight, etc., to cover the in the bid price. Applicable Arkansas in award of this project. from the date of receipt of an order for Nggnby an employee having legal authority to submit �reparing and providing responses shall be borne by the t to request an additional information it deems necessary from an or all q Y Y Y 'ission deadline. The re�c ►bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it co e city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any osts incurred by the Bidder in responding to this solicitation 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 Bidder for any expense so incurred, regardless of whether or not the submittal 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. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 11 of 15 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 via e-mail (abeilfuss@fayetteville-ar.gov). No oral interpretation or clarifications will be given as to the meaning of any part of this bid. 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 preparatio cessary to properly respond to this bid. The bid is designed to provide qualifieclAidders wii9s icient basic information to submit bids meeting minimum specifications an test requ�ell�ents but is not � intended to limit a bid's content or to exclude any relevant or gss data. k. Bidders irrevocably consent that any legal actiQQproce `ainst it arising out of or in any manner relating to this Contract shay tgLrevailed nsas I der hereby expressly and irrevocably waives any claim or defen y sai ti or pre di based on any alleged lack of jurisdiction or improper venue or an i r basis. 1. The successful bidder shall not gn the r any f this 4 r or any monies due or to become due hereunder wi o writ cnt of of aye n case the successful bidder assigns all or any part onie du or to b du un is Contract, the Instrument of assignment shall con us ubstantially to ct tha reed that the right of the assignee in and to any monies d or to c (!Ndue to e ccessf r shall be subject to prior liens of all persons, firms, and corpora servic ered or ials supplied for the performance of the services called for in thi on� V m. The successful bides ten ' 11 erected t act that all applicable Federal and State laws, municipal ordin es, nd the r sand regul ions of all authorities having jurisdiction over the services shall apply o' tract ugh0 t, ill be deemed to be included in the contract as though written II herei succ s u i der shall keep himself/herself fully informed of all laws, ordinances reg t n of the Fe tate, and municipal governments or authorities in any manner affecting those en r employed in providing these services or in any way affecting the conduct of the services and of rs and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discr n "or inconsistency should be discovered in these Contract Documents or in the specifi rein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall f c �v t report the same in writing to City of Fayetteville. 27. ATTACHMENTS TO BID DOCUMENTS: i. Appendix A: Building Maintenance Backflow List City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 12 of 15 City of Fayetteville Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Scope of Work 1. GENERAL The City of Fayetteville, Arkansas, hereinafter referred to as "the City", is seeking bids from qualified, licensed firms to ensure the proper functionality, safety, and compliance of the backflow preventer systems by conducting testing and providing comprehensive maintenance services for the City of Fayetteville facilities (see Appendix A for full list). The City anticipates awarding a contract for a one (1) year term with the option to automatically renew for four (4) additional one (1) year terms. 2. SCOPE OF WORK Q� G a. Testing Services i. Annual Testing: O 1 2 3 b. Maintenance Perform a full backflow prev test to comp with local and national ' plumbing codes. Use calibrated test e ant to pert a e of the backflow preventer, including the pressu �ntial a in e Check the condi ' check v elief v nd oth itical components for leaks, corrosion, or ��► O ` Perform n i al tes go the devi nsure it e ively prevents backflow. Recor rTT b ' esults to loc orities or ee latory agencies as required. Provide a det�� ort with esults, rklr mendations for repairs or replacements, are signs of malfunction or following system he device fails or if backflow is suspected. ections and Preventative Maintenance: rnspect the backflow preventer for physical damage, signs of wear, leaks, and any other issues that may affect its operation. 2. Clean all components including the check valves, air gaps, and relief valves. 3. Lubricate moving parts to ensure smooth operation and prevent corrosion. 4. Ensure all connections are secure and properly tightened. 5. Verify system pressure and ensure that it falls within the manufacturer's recommended range. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 13 of 15 ii. Repairs and Replacements: INS :J 1. Address minor repairs such as sealing leaks, replacing damaged gaskets, and/or fixing valves. 2. Replace worn or faulty components (e.g., check valves, seals, springs) to ensure optimal performance. 3. Provide recommendations if the entire backflow preventer is beyond repair or at the end of its useful life. iii. System Upgrades (if applicable): 1. Recommend upgrades or modifications to bring the backflow preventer it ompliance with current codes or to improve system efficiency. 2. Replace outdated or obsolete parts to maintain syste lability. iv. Documentation and Reporting: O 1. Provide a comprehensive se vice port of e ch mai e visit, including details of p p � �� g inspections, repairs, an 4 ments d 2. Keep a log of all testin m 'ntenan repairmed on the backflow preventer. 3. Maintain all reco e readily le fo u Yeferen and regulatory compliance. 4. Submit repo pro a e r ulator ge ies. ` v Compliance and Sta �0 i. Adhere to all I al, st a Ntional and reg s for backflow prevention. ii. Ensure all services are perform certifi ofessionals with experience in backflow prevention de iii. Maintain c li ce �01, fety, and health standards during testing and mainten ce o eration Frequen Nehedulin i. Perf m ba sting ann or more frequently as required by local ordinances. ii. r e. Exclusio tenance inspections at least once per year, with additional visits as i performance or user requirements. se services for backflow preventer failures or urgent issues. This scope of work does not include the installation of new backflow prevention devices or major system overhauls. ii. Services beyond standard maintenance, such as system replacements or upgrades due to regulatory changes. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 14 of 15 f. City Responsibilities Ensure access to the backflow prevention device for testing and maintenance. Inform the Contractor of any operational concerns, unusual occurrences, and/or visible signs of damage to the system. iii. Ensure that any necessary permits or authorizations for testing and repairs are obtained in advance. 3. PRICING a. Hourly labor rates and markup percentages bid shall include, but is not limited to, all labor cost, insurance, mobilization, overhead, profit, travel time, bonding, mileage, etc. Prices quote II be firm for the term of the contract. The City shall not be charged any additional fens includin t limited to, insurance premiums, mobilization, fuel surcharges, etc. 2CIr b. Regarding the bid line items involving markup centages o a r Is: Marcentage shall be input as a DECIMAL amount. For example, if r desire a mar f 0%, this percentage would need to be inserted in the bid table ".1 to cal Ie 10% i over the cost of the material. ' ,�► c. Each bid shall be accompanied by is the a b `business in the State of Arkansas or a corporate bid bond in an a not les Tve Hof the ount bid. This five 5 p �� ( ( ) percent amount shall be bas he tota bid am un mi re to submit a valid bid bond or cashier's check s ult in id r�I ion. V i. In the event opts to submit a casAIPeck fo id ond, the check shall be made to the it of F e to ' le AR a r eived b rchasin Division prior to the bid payable Y �'i � �� g deadline. the actual cashie '� k shall ered to the City prior to the deadline. ii. Upload 5% bid �o a City' tronic bi latform (preferred) OR attach bid bond with physical sub t d settir� in -per every appointment with the City Purchasing Division. • d. Projects e 50,00 1 requir i arate performance and payment bonds AFTER Council approva . I cost off rmanc and yment bond is allowed to be charged to the City at an additional f . i. Any sing ct exceeding $50,000 will require the Contractor to have a valid Arkansas Contra to License. END OF SCOPE OF WORK City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 15 of 15 *List subject to change Appendix A Property Type Customer TRAC Facility Address Make Type Serial Model Size Location 1 Government City of Fayetteville 46AF48 Rock Street Annex 100 W Rock St Wilkins RP ACP6019 975XL2 1.5" Mechanical room top floor 2 Government City of Fayetteville 30E437 Fire Station 3 1050 S Happy Hollow Rd Wilkins DC 126880 350 2.5" In truck bay along north wall 3 Government City of Fayetteville 30E437 Fire Station 3 1050 S Happy Hollow Rd Wilkins DC 2700059 350 0.75" In truck bay along north wall 4 Government City of Fayetteville 30E437 Fire Station 3 1050 S Happy Hollow Rd Wilkins RP 2544187 975XL 2" In truck bay along north wall 51 Government City of Fayetteville 30E437 Fire Station 3 1050 S Happy Hollow Rd Wilkins DCDA COO121 350D 2.5" In truck bay along north wall 6 Government City of Fayetteville F40080 Administration 113 W Mountain St Wilkins DC 2848686XLD 950XL 0.75" Basement computer training room 7 Government City of Fayetteville F40080 Administration 113 W Mountain St Watts RP 340576 909QT 2" Basement mech room - top assembly 8 Government City of Fayetteville F40080 Administration 113 W Mountain St Watts RP 344700 909QT 0.75" In basement mech room south wall 9 Government City of Fayetteville F40080 Administration 113 W Mountain St Watts RP 344711 909QT 0.75" 3rd floor in mech room south wall 10 Government City of Fayetteville F40080 Administration 113 W Mountain St Wilkins DCDA V16123 350ADA 4" Basement computer training room 11 Government City of Fayetteville F40080 Administration 113 W Mountain St Wilkins RP ACO4384 I 975XL2 2" Basement mech room - bottom assembly 12 Government City of Fayetteville EB2BD9 Fleet/ Transportation 1525 S Happy Hollow Rd Watts DC 26041 007M1QT 0.75' In mech room behind office 13 Government City of Fayetteville EB2BD9 Fleet/ Transportation 1525 S Happy Hollow Rd Watts DCDA 111325 709 n mech room behind office 14 Government City of Fayetteville 5DEFA7 Solid Waste & Recycling 1560 S Happy Hollow Rd Ames DC 42626 2050BM3 5" Mech room on northside of building 15 Government City of Fayetteville 5DEFA7 Solid Waste & Recycling 1560 S Happy Hollow Rd Ames DCDA QC-046VNL Colt 300BF Mech room on northside of building 16 Government City of Fayetteville 5DEFA7 Solid Waste & Recycling 1560 S Happy Hollow Rd Wilkins RP 273 975XL .25" In mech room by mop sink - top assembly 17 Government City of Fayetteville 5DEFA7 Solid Waste & Recycling 1560 S Happy Hollow Rd Wilk RP ♦ 7 35 975 1.25" In mech room by mop sink - bottom assembly 18 Government City of Fayetteville 5DEFA7 Solid Waste & Recycling 1560 S Happy Hollow Rd W in RP 9 97 2 lk 2" Mech room on northside of building 19 Government City of Fayetteville E72AAC Animal Services 1640 S Armstrong Ave Wa RP 365 t701 1" 1630 building in mech roomA,A bottom assemblyA,A 20 Government City of Fayetteville E72AAC Animal Services 1640 S Armstrong Ave atts R 438704 T 1" Main building - in mech room 21 Government City of Fayetteville E72AAC Animal Services 1640 S Armstrong Ave is 4344 09QT 1" 1630 building in mech room top assembly 22 Government City of Fayetteville 2AOOCO Compost 1708 S Happy Hollow Rd &4 ilkins RP 1064 975XL 1" Truck bay along south wall 23 Government City of Fayetteville 2AOOCO Compost 1708 S Happy Hollow Rd Wilkins 000 RP A 975XL2 1.5" In truck bay along west wall 24 Government City of Fayetteville 4D3719 Fleet Car Wash 1720 S Happy Hollow Rd W i I RP 3 375 1 3" In mech room in between bays. 25 Government City of Fayetteville FCOD2C Courts/Prosecutor 176 S Church Ave Apollo b o DC 1 467 600 4" In mech room along north wall 26 Government City of Fayetteville FCOD2C Courts/Prosecutor 176 S Church i n P 29029 XL 2" In mech room southeast corner 27 Government City of Fayetteville FCOD2C Courts/Prosecutor 176 S Chur Ap onbraco C 181 DC4A 0.5" In mech room along north wall 28 Government City of Fayetteville FCOD2C Courts/Prosecutor 176 S Ch h e ilkins Y405 975XL2 0.75" In mech room along north wall 29 Commercial City of Fayetteville NUKGCK Police Dept HQ 1800 N Steph or al Blvd Wilkins RP 9C 375AST 3" Northeast corner of building in mechanical room with water heater 30 Commercial City of Fayetteville NUKGCK Police Dept HQ 1800 N Stephe Carr Mem ial Ivd Am DCDA 5 LFColt 300BF 6" Mechanical room on east side of building 31 Commercial City of Fayetteville NUKGCK Police Dept HQ 1800 N Stephen arr M rial s DC 562 LF007M3QT 0.75" In mechanical room on the east side of building 32 Commercial City of Fayetteville NUKGCK Police Dept HQ 1800 N Stephen Carr M n vd P CG2225 975XL2 1.5" In mechanical room on west side of building by water heater Northeast building 33 Irrigation City of Fayetteville 769NKT Police Dept HQ 1800 N Stephen r M al Blvd ilkins ACH5241 975XL2 2" Next to water meter SE Corner next to main building 34 Commercial City of Fayetteville QMBEFT Fire Station 9 2250 ve Wilkins ACG7065 975XL2 2" In mech room top rp 35 Commercial City of Fayetteville QMBEFT Fire Station 9 22 S ch Ave Wilki RP ACF9476 975XL2 2" In mech room bottom rp 36 Commercial City of Fayetteville QMBEFT Fire Station 9 2250 S ool Av Ames DCDA UL-2280 LFColt 300BF 2.5" In mech room 37 Commercial City of Fayetteville QMBEFT Fire Station 9 OSchool Ave s DC 1 5045 LF007M3QT 0.75" In meth room 38 Government City of Fayetteville GY2CDR Fire Station 8 2 W Deank A DCDA VB-0182 LFColt 300BF 2.5" In mech room 39 Government City of Fayetteville GY2CDR Fire Station 8 2266 W D NMttf DC 4696 LF007M3QT 0.75" In mech room 40 Government City of Fayetteville GY2CDR Fire Station 8 2266 W e Wilkins RP ACF3719 975XL2 2" In mech room 41 Government City of Fayetteville F2C107 Water/Sewer Operations 24 ial Dr Wilkins DCDA V01372 350ADA 4" Southend of hallway 42 Government City of Fayetteville F2C107 Water/Sewer Operations 2 n strial Dr Wilkins DC 2064486XLD 950XL 0.75" Southend of hallway 43 Irrigation City of Fayetteville 5A302E Fire Training orick Dr Yd Wilkins RP 4366713 975XL 1" Eastside of drive by water meter box 44 Government City of Fayetteville 805E3A Fire Station 5 2 N Crossover Rd Watts RP A09199 009M2QT 2" In truck bay along west wall 45 Government City of Fayetteville 805E3A Fire Station 5 9 N Crossover Rd Watts RP 25569 9 2.5" In truck bay along west wall 46 Government City of Fayetteville 805E3A Fire Station 5 2979 N Crossover Rd Wilkins DCDA 23750 350ADA 4" In truck bay along west wall 47 Government City of Fayetteville 805E3A Fire Station 5 2979 N Crossover Rd Wilkins DC 2362596XLD 950XL 0.75" In truck bay along west wall 48 Irrigation City of Fayetteville 1636BE Fire Station 5 11ir2979 N Crossover Rd Yd Wilkins RP 2620389 975XL 1" In front yard by water meter box 49 Commercial City of Fayetteville 2X23VS West Ave Parking Deck 325 N WEST Ave Wilkins RP ACK1483 975XL2 2" Mechanical room 105 50 Government City of Fayetteville 1.00E+31 Fire Station 4 3385 N Plainview Ave Ames DC 7299 2000E 0.75" In bay along south wall 51 Government City of Fayetteville 1.00E+31 Fire Station 4 3385 N Plainview Ave Ames DCDA 101050 3000SS 2.5" In bay along south wall 52 Government City of Fayetteville 1.00E+31 Fire Station 4 3385 N Plainview Ave Wilkins RP 890532 975XL 2" In bay along south wall 53 Government City of Fayetteville 1.00E+31 Fire Station 4 3385 N Plainview Ave Watts PVB 3027 LF800M4QT 2" Inside bay between doors 54 Government City of Fayetteville C9C9E8 Fire Marshal 4140 S School Ave Wilkins RP ABB09841 975XL2 0.75" South of building behind fence in hotbox 55 Government City of Fayetteville 6467F9 Parking/Sustainability 416 W Spring St Wilkins RP 4000948 975XL2 1" Inside mech room 56 Irrigation City of Fayetteville D04661 Marion Orton Recycling Center 735 W North St Wilkins RP A220395 375 1" Ne corner of parking lot 57 Commercial ARTS LIVE THEATRE 77A63F Community Resources 818 N Sang Ave Wilkins RP 4697814 975XL2 0.75" Mechanical room by water heater feeds both units 58 Government City of Fayetteville 5EE04F Fire Station 7 835 N Rupple Rd Wilkins RP 1953744 975XL 2" In bay along south wall - bottom assembly 59 Government City of Fayetteville 5EE04F Fire Station 7 835 N Rupple Rd Wilkins RP AOO6348 975XL2 2" In bay along south wall - top assembly 60 Government City of Fayetteville FDCBBA Fire Station 6 900 S Hollywood Ave Watts DCDA 1067200504 774 2.5" In truck bay on south wall 61 Government City of Fayetteville FDCBBA Fire Station 6 900 S Hollywood Ave Watts DC 10216 007M2QT 0.75" In truck bay on south wall 62 Government City of Fayetteville FDCBBA Fire Station 6 900 S Hollywood Ave Wilkins RP B-22770 975XL 2.5" In truck bay on south wall 63 Government City of Fayetteville FDCBBA Fire Station 6 900 S Hollywood Ave Watts PVB 1487 800M4QT 2" In truck bayA,A between doors 64 Government FAYETTEVILLE SENIOR CENTER A4791C Fayetteville Senior Center 945 S College Ave Ames DCDA 124361-0103 3000SS 6" In basement along south wall 65 Government FAYETTEVILLE SENIOR CENTER A4791C Fayetteville Senior Center 945 S College Ave Watts DC 55291 007M1QT 0.75" In basement along south wall 66 Government FAYETTEVILLE SENIOR CENTER A4791C Fayetteville Senior Center 945 S College Ave Watts RP 57351 009M3QT 0.75" In basement along east wall 67 Government FAYETTEVILLE SENIOR CENTER A4791C Fayetteville Senior Center 945 S College Ave Watts RP 385393 909M1QT 2" South assembly in food storage room 68 Government FAYETTEVILLE SENIOR CENTER A4791C Fayetteville Senior Center 945 S College Ave Watts RP 385395 909M1QT 2" North assembly in food storage room Bid 25-32, Addendum 1 CITY OF _ Date: Friday, February 21, 2025 FAYETTEVILLE ' A R K A N S A S To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: Bid 25-32, Construction — On -Call Backflow Preventer Maintenance This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate bl f the Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATICLtl ON THE BCF M. • 2&w 1. The Bid Bond requirement has be oved. �? BontQ o to submit on this bid. City of Fayetteville, AR Bid 25-32, Addendum 1 longer required Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 CITY OF Wo" FAYETTEVILLE ARKANSAS Bid 25-32 Addendum 1 Comfort Systems (USA) Arkansas z Supplier Response �� (� G G on'- Event Information Number: Bid 25-32 Addend Title: Construction - O'Backfl vent nance Type: Invitation to Issue Date: 2/2/2025 Deadline: 2/27/202 0 :00 P Notes: The C' ette ZIRr0 e i flicensed Y co fQ&vroviding bac ireven intenance on an as - nee ed b i anuesti c cerni the idding process should be direct da ' iss. CiN etteville Procurement Dire r, Con rma Cont : Amand Iq ass Sr. r ing Agent Addres Pu� 6 i all Wes n ain Street - Room 306 ayett i R 72701 E il- abeifayetteville-ar.gov G Page 1 of 3 pages Vendor: Comfort Systems (USA) Arkansas Bid 25-32 Addendum 1 Comfort Systems (USA) Arkansas Information Contact: Brad Kuhl Address: 9924 Landers Road 4806 Rixey Road North Little Rock, AR 72117 Phone: (479) 770-8992 Fax: (479) 770-0801 Email: bkuhl@comfortar.com Web Address: www.comfortar.com By submitting your response, you certify that you are authorized to represent and bind your company. Brad Kuhl Signature Submitted at 2/27/2025 09:55:12 AM (CT) uested Attachments W bkuhl comfortar.c G Email ♦ p �. CG • ��► .Cj �� 4� �. sto ♦ �� • Bid 2 - ��ect Signature Forms for Bid 25-32 X Man eollect 25.pdf Please attach your completed forms. ThesRNO, umenit found i Qh h5a Found in the Attachments tab. Please be sure to include ALL requ'matI t d in t t Manu Bid Attributescl �* ".6 O 1 Arkansas Secretary of St Ali g b r: 811120406 2 Arkansas Contractor Lice tuber: 0004460625 3 Check Yes or No:* Pursuant Arka e Annot 5-1- 3 e ontractor agrees and certifies that they do not currently boycott Israel an ' noVhDyNs ael durin ti e in which they are entering into, or while in contract, with any public enti y as§25-1 3. I at any time during contract the contractor decides to boycott Israel, the contractore co d public entity in writing. ❑✓ Yes, I agree O ❑ No, I don't agr 4 Check Yes %Q: Pursuant Arkansas C de tated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 10 Yes, I agree ❑ No, I don't agree Page 2 of 3 pages Vendor: Comfort Systems (USA) Arkansas Bid 25-32 Addendum 1 5 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. Z I agree Bid Lines 1 Total hourly cost for Backflow Preventer Maintenance (this shall be inclusive of all expenses): Quantity: 1 UOM: Hour Price: I Total: 1 $87.50 Item Notes: Please provide cost for 1 hour of maintenance, inclusive of travel, access, etc. Amount of hours needed will vary. 2 Markup percentage on any repair materials: ` O R se 87.50 G !SO 0 o G � o � J � O �O G O O G Page 3 of 3 pages Vendor: Comfort Systems (USA) Arkansas Bid 25-32 Addendum 1 Beilfuss, Amanda From: Kuhl, Brad <BKuhl@comfortar.com> Sent: Thursday, February 27, 2025 3:01 PM To: Beilfuss, Amanda Subject: Re: Bid 25-32 Clarification Attachments: Outlook-ek31 gmw1 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. A Yes it is 25%, 1 thought I had put it correctly, but I may not have. Thank you. G Brad Kuhl Solutions Consultant NWA, HVAC/Plumbing ` 116 Commercial Ave Lowell, AR 72745 Cell: 501-539-4011. Office: 479-770-8992 email: BKuhl(a)comfortar.com comfortsystemsusa.com I NYSE: FIX O � COMFORT �/� G SYSTEMS %WUA. ` Oua ty Peopie. Bwktup Sotutwns CX3 From: Beilfuss, Am ' Ilfuss@f teville-a Sent: Thursday, F 7,202 To: Kuhl, Brad <BKu I com co > Subject: Bid 25-32 C11 rificat' WARNING: External Em O :\4* N Good afternooQQ O We are reviewing the bic received and I just wanted to clarify your percentage amount. 2 Markup percentage on any repair materials: Tcta Is .25% correct? Or is this supposed to be 25%? Thankyou! 1 Amanda Beilfuss Procurement Director City of Fayetteville, Arkansas 479-575-8220 fayetteville-ar.gov z City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 is FAY E T T E V I L L E 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 25-32, Construction - On -Call Backflow Preventer Maintenance DEADLINE: Thursday, February 27, 20 PROCUREMENT DIRECTOR: Amanda Bei DATE OF ISSUE AND ADVERTISEMA; Bid 25-32 No late bids will be acc through the City's third - envelope to the City of( bidding platform is soon If 36WN All bids shall beVnik and bid documents, supply all informat< ^�6 r Maintenance �hOone of the following methods: (1) , or (2) delivering in person via sealed i. Submitting through the City's electronic 3n,@ewith the attached City of Fayetteville specifications wEach bidder is required to fill in every blank and shall re to do so may be used as basis of rejection. The undersigned hereb7keffers 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 Division. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 1 of 15 City of Fayetteville Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 25-32, Construction — On -Call Backflow Preventer Maintenance The City of Fayetteville is seeking bids from properly licensed contractors for providing backflow preventer maintenance on an as -needed basis. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Procurement Director, at abeilfuss@fayetteville-ar.gov or bcalling (479) 575-8220. I Bidding documents and addenda shall be obtained at the City of Fayette urchasin i 'sion's ctronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be r�ec before 2:00 PM, Local Time utilizing the electronic i softwar the City of Fayetteville, Purchasing Division addres s d belo ids Submitting a bid electronically is strongly enc oura ed. A public ening deadline at City Hall and livestreamed at htt w. outu use c be accepted. The City of Fayetteville shall Wob resp for to Bidder's technical equipment. Pursuant to Arkansas Code Ann and women business enterpris City of Fayetteville encour small, minority and women All interested parties shall be qual state and local governments V44 The City of Fayetteville the Contract for a per' date. -9-2 Pei y of Fa ett it e en Yon de cos for goQ,� eral co Jrctors ontr pri es. ►by Thur �bruar 2025 ubmit eale,�d bid to ar before e stated. n onduc rtly after the ✓�fifavettevi o late bids shall isdirectkclWs, or for failure of ragtSall qualified small, minority >rvices, and construction. Also, ns of their contract to qualified lice `d�accordance with all applicable laws of the wKties, to reject bids, and to postpone the award of beyond ninety calendar days from the bid opening O� G � City of Fayett I By: Amanda Beil uss, P ocu ent Director P: 479.575.8220 abeilf ayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 02/02/2025 & 02/09/2025 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $345.40 City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 2 of 15 City of Fayetteville Bid 25-32, Construction — On -Call Backflow Preventer Maintenance 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 —Required Bid Form (this form, completed in its entirety) e) I Actual specification of any deficient item shall be noted on the bid et or se Pttachment. If specifications of item bid differ from provided literature, manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City 's online format presented online. Refer to the City's electrq`b►idding nE ", jq Contact the Cij2evj,, ng Di 'sio to physical sealedall bidders "§onli� deviation sha ocumen �� certi . the G ` biddi �tal (ww ttevillegiiii bids) in the bid Okieffg1electronically. N- .. kcu ' cessary to submit a ongl c uraged to submit on the inAp BID BOND: 1. Each bid shall b co panied a cashier' from a bank doing business in the State of Arkansas or a corpt and iNktAld^b ou than five 5 percent � () percent t shall`b se bid amount submitted. A� of the amount bid. This five (5) In the event a Sd�N s to su i ashier's check for a bid bond, the check shall be made payable to the City of Fay, ARlan ived by the Purchasing Division prior to the bid deadline. the actual physical cast UPIo1% physica Upon signing this Bid, the ivered to the City prior to the deadline. electronic bidding platform (preferred) OR attach bid bond with ing up an in -person delivery appointment with the City Purchasing Division. Bidder has read and agrees to the requirements set forth in this bid, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 3 of 15 2. Unless otherwise noted and explained, the unit(s) 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. 4. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firs, and/or Ammunition Industries, the contractor must notify the contracted public e.Otity in writi 5. The Bidder can and will comply with all specifications and requir Zis for deli Ocume and support as specified herein. • Cj 6. Bidder, as an officer of their organization+IiSCP er the at a etter �h6rizatio �y authorized to certify the information provided hecura �e. 7. Bidder shall comply with all State ederalpport d N ,ination requirements and conditions of employment ition t e eral st d local I s. � 8. Bidder shall disclose a p s�ble co lic of inter h th ayetteville, including, but not limited to, any relat wit any City of Fa e em esponse shall disclose if a known relationship exists be een an p n ilhal or e o e of yo fir and any City of Fayetteville employee or elected City of Fayette it icial. If ations�ifsts, this should also be stated in your response. Failure to dis s a relat hi may in cancellation of a purchase and/or contract p � � p Y as a result of your r s NO K N RELATI EXISTS • ` 2. .4ONS (Please explain): N 9. Bidder will the Tn compliance with all applicable trench safety standards set forth in Occup a a h Administration (OSHA) Part 1926 —Subpart P — Excavations. 10. As s bid er on is ect, you are required to provide debarment/suspension certification indicating that you are i pliance 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 City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 4 of 15 ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: 4F QJ` *STATE: - �N�.► ' �N * `Q PHONE: F *E-MAIL: TAX ID NUMBER: 74-28 U ENTI *BY: (PRINTED NAME) *AUTHORIZED SIGNAT E:ej • *TITLE: e3s 4%� Acknowledge Addend O Addendum N ated: Acknowledged by: Addendum No. a e Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 5 of 15 *DATE: City of Fayetteville Bid 25-32, Construction — On -Call Backflow Preventer Maintenance General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: 2 3 a I C. e Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. 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 the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Su i ting a bid electronically is strongly encouraged. A public bid opening will be conduoted short) Pate e deadline at City Hall and livestreamed at htt s: www. outube.com user cit etteviIlea bid shall be accepted. The City of Fayetteville shall not be responsible forlo isdirect s, or fNre of Bidder's technical equipment. CG The City will not be responsible for mis�irg. ted bids. Bi ould c urchasiePxiision Office at (479) 575-8256 to ensure correct rec f iddin c�nts o peni ate listed on the bid form. ��►" Bidder is advised that exce ti an erms c ed in th must be identified in its p Y �' ' response to the bid. Failur o e City dec re an h term non-negotiable. Bidder's p �° Y Y g desire to take exception of�i-neg 'ab term w' 0 isq m consideration for award. Local time is defined the h i F2lyettevillansas o the ue date of the deadline. Bids shall be received before the timeby t Amic clo�4cc ted in the Purchasing Division Office or electronic clock located in 4�vl's third Vtv biddinaMware. Bids will be evalu reserves the rig l� • r riv \ , , \ 4! No oral interpr%o documents. All qu writing via e-mail the response w of the con c c the prop Z`st interest of the City of Fayetteville �4ne, or by line item. The City )ade k *Oms as to the meaning of specifications or any other contract iing Xpterms and conditions or scope of work of this bid must be sent in Director. Responses to questions may be handled as an addendum if dZRfiion to the requirements of the bid. All such addenda shall become part ►City will not be responsible for any other explanation or interpretation of prior to the award of the contract. DESCRIPTION OF SPAS AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 6 of 15 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial 1—arrors in the invitation to bid or in bids submitted. ' e. The City of Fayetteville reserves the right to request any necessar ri ' ations ti nal inflation, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: G All expenses involved with the re arati it bmissi o ids to or an k performed in p p p �� , connection therewith, shall be borne sol �c he bi). No pa will be a or any responses received, or for any other effort requir r made e bid r I r to ct� commencement. 6. CONFLICT OF INTEREST: a. The bidder represents t resen y h o inter and shad q ' e no interest, either direct or indirect, which wou c t any er wit t erfor services required hereunder, as provided in City of F lle defection 3 led "Aut r' of City Employee to Contract with the City". ` C7 b. All bidders shall prom ti y Ama �ilfuss, C' r urement Director, in writing, of all potential conflicts of interes �ros siness ' tion, interest, or other circumstance which may influence or ap ear nflue e h bidder' �ent or quality of services being provided. Such written notif4c shall id ti the pro e business association, interest or circumstance, the nature of e bidd ay u and request an opinion to the City as to whether the associate i rest or stance u the opinion of the City, constitute a conflict of interest if entered into by t. The ' y a ees to communicate with the bidder its opinion via e-mail or first-class mail t in rty da r eipt of notification. 7. WITHDRAWL lam✓ A bid ma drawn i to the time set for the bid submittal, based on a written request from an authorize esen ti e he firm; however, a bid shall not be withdrawn after the time set for the bid unless approved b the chasing Division. 8. LATE BID 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) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 7 of 15 9. CONSTITUTIONAL, 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 constitutional, state, and federal directives, orders and laws as applicable to this bid and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Q, Unless otherwise stipulated by the bidder, the bidder agrees to make av IabTe to all G ent agencies, departments, municipalities, and counties, the bid prices submitted in<crdance s d bid tis and conditions therein, should any said governmental tity desire uu`� u``nder t i . Eligi ``shall mean all state of Arkansas agencies, the le islat e a d udicia ales, a subdi*i n counties, g g 1 � p local district school boards, community coll es, unicip lies count' �r other agencies or authorities), which may desire to purchas e ter n onditio e contr t. 11. COLLUSION: /� i t tk The Bidder, by affixing their signat - i:his bidVwor1r5 to �j%Ting: ' ?"fertifies that their bid is made without previous unders agre conne wit any rson, firm or corporation making a bid for the same ' ) and r ces an in all rvs c fair, without outside control, collusion, fraud, or othe is ga action. 12. RIGHT TO AUDIT FOIA A JU IncI : N ` a. The City of Fayetteville resA4 s e privile uditin v 2or's records as such records relate to purchases between th4Q4n said v Freedom of Info matiVct: Ci�i�n'Nacts and%L�hents prepared while performing City contractual work are suble WtheArka`s` eedom rmation Act.If a Freedom of Information Act request is presente ville, t ( ractor) will do everything possible to provide the documenn proely m e a rescribed in the Arkansas Freedom of Information Act (A.C.A. §25- -101ly ally authorized photocopying costs pursuant to the FOIA may be assessed for thi c kO Legal juris4 o resol��11+r disputes shall be in Washington County, Arkansas with Arkansas law 13.INDEMNIFICATION The successful biddINI agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 8 of 15 14. INSURANCE: The successful Bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker's Compensation, and General Automotive, if applicable. SUCH CERTIFICATE SHALL LIST THE CITY OF FAYETTEVILLE AS AN ADDITIONAL INSURED. LISTING THE CITY OF FAYETTEVILLE AS A CERTIFICATE HOLDER ONLY IS NOT AN ACCEPTABLE SUBSTITUTE. CERTIFICATE OF INSURANCE MUST INCLUDE THE ENDORSEMENT SHOWING THE CITY OF FAYETTEVILLE LISTED AS AN ADDITIONAL INSURED. Insurance shall remain valid, when applicable, throughout contract completion. 15. 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 fLOnderstood by bidders prior to submitting a bid on this requirement. ♦ G 16. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable rc modat should call 479.521.1316 (telecommunications dN,91for the deadline. Persons needing translation of �hiument siM Division, immediately. X` k�: 17 PROCUREMENT POLICY FOR RECYCLE The City of Fayetteville wishes to obligations to the City and tha sN sector companies. *IQ Alm PAYMENTS AND INVOICII - l The bidder must specify in th 4 r invoices submitted for pay ntA for immediately notify' Purcl invoicing to change fro nam� days of invoice rece d. e City penalty for un i yment 41,,.Vay additional c t e City f d deposit or reta r th I remaii the bidder would not &such feel ticipat i i'I' Is pr&fFlevent, of lat sevento the t of Fay e, Purchasing r :led pts in fulfilling contractual fXther public entities and private zpany Arnd address which must be the same as hard of t�oFurther, the successful bidder is responsible sion 9 cmpany name change, which would cause ti NUe original bid. Payment will be made within thirty credit worthy and will not pay any interest, fees, or Processed through bidder's acceptance of Visa at no processing. The City will not agree to any nonrefundable of the bidder even if the hourly work actually performed by 19. CANCELLATION. G O` a. The Ci e s the ri t cancel this contract without cause by giving thirty (30) days prior notice to the a for in w ' ' o the intention to cancel or with cause if at any time the Contractor fails to fulfill or ide n he terms or conditions specified. b. Failure of the c actor 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. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 9 of 15 c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 20. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shaellrovide wri tice to the City within thirty (30) calendar days of Contractor's notice of such action upon t rrence of said action, whichever occurs first. The right to terminate this contra��ich sh t e unr nably exercised by the City, shall include, but not b limited to, ir►st c in whi rpor I ition and/or merger represent a conflict of interes oJa contrar �ny local teor fe s. Action by the City awarding a bid to a firm that h did its i e c as ubcontr s response to the bid, without exception shall co st' proval �rposeof reeme 21. NON-EXCLUSIVE CONTRACT: 0 ici.& ` 22 Award o may dev right to City's be hich the the em. LOBBYING: N - Lobbying of selection committf:e !Kb ers, Faye `il mployees, or elected officials regarding request for proposals, re 0or qualifi bids o acts, during the pendency of bid protest, by the bidder/proposer/pr, s r an r� r of the is/propose r's/protector's staff, and agent of the bidder/proposer/pr testo r an so emplo any legal entity affiliated with or representing an organization that is onding t th equest posal, request for qualification, bid or contract, or has a pending bi strict) hibite pon advertisement or on a date established by the City of Fayetteville a s II be pr d until a award is final or the protest is finally resolved by the City of Fayetteville; pro ever, othi g herein shall prohibit a prospective/bidder/proposer from contacting the Fur procurement pro influencing or^ request t JW attempt tNAin request for propos division ess situations such as clarification and/or questions related to the )ur s this provision lobbying activities shall include but not be limited to, o nce action or non -action in connection with any request for proposal, r contract through direct or indirect oral or written communication or an p persons and/or entities specified in this provision. Such actions may cause any st for qualification, bid or contract to be rejected. 23. 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. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 10 of 15 24. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 25. 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 der wishes to propose shall be clearly stated in the bidder's response and presented in thieform of an ad�en+dum to the original bid documents. 26. OTHER GENERAL CONDITIONS: • O a. Bidder is presumed to be familiar with all fed e ate, an in any manner affect those engaged ore toyed in the-1 • that in any way affect the Work �i a 17 in a s regulations. No claim of misunderstjj�� in or igno n serve to modify the provisions ofl(i ontract presE the contract. O b. Prices shall include all 1 0111111111 terial ov rhead p l products and servicIC me Sales tax sha ei Ns, and ials or&0 dons which ent used, or ordinances, and oser will in any way g unless embodied in .ping, freight, etc., to cover the the bid price. Applicable Arkansas sales tax laws will app whew c sIally but wii o be con ere in award of this project. c. Each bidder should s delivery of services tp4 I Bidders must p bids on be ail bidder. e. The City resery bidders after th f OINs from the date of receipt of an order for ON ,41ed by an employee having legal authority to submit -eparing and providing responses shall be borne by the any additional information it deems necessary from any or all The re A ►bid is n�`Ise construed as an offer, a contract, or a commitment of any kind; nor does it co e city tQ'N for any costs incurred by bidder in preparation. It shall be clearly understood that any0 osts JrWby the Bidder in responding to this solicitation is at the bidder's own risk and expense as a cddoing business. The City of Fayetteville shall not be liable for reimbursement to the Bidder for any expense so incurred, regardless of whether or not the submittal 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. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 11 of 15 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 via e-mail (abeilfuss@fayetteville-ar.gov). No oral interpretation or clarifications will be given as to the meaning of any part of this bid. 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 preparatio cessary to properly respond to this bid. The bid is designed to provide qualifieclAidders wii9s icient basic information to submit bids meeting minimum specifications an test requ�ell�ents bL1� is not � intended to limit a bid's content or to exclude any relevant or gss data. k. Bidders irrevocablyconsent that an legal acts roce `ainst it arisin�, or in an Y g �p Y manner relating to this Contract shadJAzevailed nsas I der h ` pressly and irrevocably waives any claim or defe y sai ti or pre di bas y alleged lack of jurisdiction or improper venue or an i r basis. 1. The successful bidder shall no i n the r any f this Co `aif or any monies due or to become due hereunder w' o t writ c nt of of ayett In case the successful bidder assigns all or any part nnor ie du or to b du is Contract, the Instrument of assignment shall con us ubstantially to ct th ed that the right of the assignee in and to any monies d or to c (!Ndue to e ccessf bi r shall be subject to prior liens of all persons, firms, and corpora servic ered off► rials supplied for the performance of the services called for in thi on� 11 m. The successful bides ten ' i dV ted fact that all applicable Federal and State laws, municipal ordin es, nd the r s and regu hS of all authorities having jurisdiction over the services shall apply o' tract tLklughout, an ill be deemed to be included in the contract as though written II here i succ�bi der shall keep himself/herself fully informed of all laws, kt ordinances regyn of the Uder tate, and municipal governments or authorities in any manner affecting those enr empl providing these services or in any way affecting the conduct of the services and of rs a s of bodies or tribunals having any jurisdiction or authority over same. If any discr n or in ncy should be discovered in these Contract Documents or in the specifi rein ref e to, in relation to any such law, ordinance, regulation, order or decree, s/he shall repo me in writing to City of Fayetteville. 27. ATTACHMENTS TO��OCUMENTS: i. Appendix A: Building Maintenance Backflow List City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 12 of 15 City of Fayetteville Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Scope of Work 1. GENERAL The City of Fayetteville, Arkansas, hereinafter referred to as "the City", is seeking bids from qualified, licensed firms to ensure the proper functionality, safety, and compliance of the backflow preventer systems by conducting testing and providing comprehensive maintenance services for the City of Fayetteville facilities (see Appendix A for full list). The City anticipates awarding a contract for a one (1) year term with the option to automatically renew for four (4) additional one (1) year terms. 2. SCOPE OF WORK Q, G a. Testing Services i. Annual Testing: • O 1 2 3 b. Maintenance Perform a full backflow prey do ' test to comp with Id national plumbing g codes. Use calibrated test eeent�ial to e pert a e of kflow preventer, including the pressur e in e Check the condi ' check v elief v nd oth I components for leaks �� p , corrosion or Perform a testC oi9devii nsur '6vely prevents backflow. arities o g atory agencies as required. It*,r mendations for repairs or replacements, are signs of malfunction or following system device fails or if backflow is suspected. ntative Maintenance: "ckflow preventer for physical damage, signs of wear, leaks, and any other y affect its operation. all components including the check valves, air gaps, and relief valves. 3. Lubricate moving parts to ensure smooth operation and prevent corrosion. 4. Ensure all connections are secure and properly tightened. 5. Verify system pressure and ensure that it falls within the manufacturer's recommended range. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 13 of 15 Repairs and Replacements: 1. Address minor repairs such as sealing leaks, replacing damaged gaskets, and/or fixing valves. 2. Replace worn or faulty components (e.g., check valves, seals, springs) to ensure optimal performance. 3. Provide recommendations if the entire backflow preventer is beyond repair or at the end of its useful life. iii. System Upgrades (if applicable): 1. Recommend upgrades or modifications to bring the backflow preventer iompliance with current codes or to improve system efficiency. 2. Replace outdated or obsolete parts to maintain syste iability. iv. Documentation and Reporting: O 1. Provide a comprehensive se vic ort of e ch mai e visit, i n details of p p i g inspections, repairs, an ments d • 2. Keep a log of all testin i tenan repair ;s mmecl Oft o ackflow preventer. 3. Maintain all reco re readily le fo u Yefere c `Regulatory compliance. 4. Submit repo pro 'a e r ulator ge ies. v IN *61 Compliance and Sta ` i. Adhere to all I al, st a Ntional RNncl re atio s for backflow prevention. ii. Ensure all services are perform certif' fessionals with experience in backflow prevention de ' � iii. Maintain c li ce �01, ety, and health standards during testing and mainten ce o eration •` Frequen Nehedulin i. Perf m ba sting Itnua , or more frequently as required by local ordinances. Exclusio ce inspections at least once per year, with additional visits as rmance or user requirements. nse services for backflow preventer failures or urgent issues. work does not include the installation of new backflow prevention devices or major system overhauls. Services beyond standard maintenance, such as system replacements or upgrades due to regulatory changes. City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 14 of 15 f. City Responsibilities Ensure access to the backflow prevention device for testing and maintenance. Inform the Contractor of any operational concerns, unusual occurrences, and/or visible signs of damage to the system. iii. Ensure that any necessary permits or authorizations for testing and repairs are obtained in advance. 3. PRICING a. Hourly labor rates and markup percentages bid shall include, but is not limited to, all labor cost, insurance, mobilization, overhead, profit, travel time, bonding, mileage, etc. Prices quote II be firm for the term of the contract. The City shall not be charged any additional fens includin t limited to, insurance premiums, mobilization, fuel surcharges, etc. � 2CIr b. Regarding the bid line items involving markup centages o a r Is: Mar �rcenta �Fbe input as a DECIMAL amount. For example, if idJr desire a mar f 0%, tR' ntage would need to be inserted in the bid table to cal I e 10% i over t oaf the material. • ,�► C. Each bid shall be accompanied by is the a b `busIII i e State of Arkansas or a corporate bid bond in an a not les;gN,Tve of th t bid. This five 5 percent amount shall be ba he tota bid amu n mitt . F e to submit a valid bid bond or cashier's check s ult in id r�I ion. • i. In the event opts to submit a caseck ond, the check shall be made payable to the ity of F e to *le, AR a 5 �kshal eived i�iverecl h rchasing Division prior to the bid deadline. the actual cashie ' ; l�b to the City prior to the deadline. ii. Upload 5% bid tp,_�"o e City' tronic b' latform (preferred) OR attach bid bond with physicalsub td settir� in -per livery appointment with the City Purchasing Division. • d. Projects e 50,00 I requir separate performance and payment bonds AFTER Council approva . I cost off rmance a ent bond is allowed to be charged to the City at an additional f . i. Any sing ct e c 50,000 will require the Contractor to have a valid Arkansas Contra to Licens O G END OF SCOPE OF WORK City of Fayetteville, AR Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 15 of 15 *List subject to change Appendix A Property Type Customer TRAC Facility Address Make Type Serial Model Size Location 1 Government City of Fayetteville 46AF48 Rock Street Annex 100 W Rock St Wilkins RP ACP6019 975XL2 1.5" Mechanical room top floor 2 Government City of Fayetteville 30E437 Fire Station 3 1050 S Happy Hollow Rd Wilkins DC 126880 350 2.5" In truck bay along north wall 3 Government City of Fayetteville 30E437 Fire Station 3 1050 S Happy Hollow Rd Wilkins DC 2700059 350 0.75" In truck bay along north wall 4 Government City of Fayetteville 30E437 Fire Station 3 1050 S Happy Hollow Rd Wilkins RP 2544187 975XL 2" In truck bay along north wall 51 Government City of Fayetteville 30E437 Fire Station 3 1050 S Happy Hollow Rd Wilkins DCDA COO121 350D 2.5" In truck bay along north wall 6 Government City of Fayetteville F40080 Administration 113 W Mountain St Wilkins DC 2848686XLD 950XL 0.75" Basement computer training room 7 Government City of Fayetteville F40080 Administration 113 W Mountain St Watts RP 340576 909QT 2" Basement mech room - top assembly 8 Government City of Fayetteville F40080 Administration 113 W Mountain St Watts RP 344700 909QT 0.75" In basement mech room south wall 9 Government City of Fayetteville F40080 Administration 113 W Mountain St Watts RP 344711 909QT 0.75" 3rd floor in mech room south wall 10 Government City of Fayetteville F40080 Administration 113 W Mountain St Wilkins DCDA V16123 350ADA 4" Basement computer training room 11 Government City of Fayetteville F40080 Administration 113 W Mountain St Wilkins RP ACO4384 I 975XL2 2" Basement mech room - bottom assembly 12 Government City of Fayetteville EB2BD9 Fleet/ Transportation 1525 S Happy Hollow Rd Watts DC 26041 007M1QT 0.75' In mech room behind office 13 Government City of Fayetteville EB2BD9 Fleet/ Transportation 1525 S Happy Hollow Rd Watts DCDA 111325 709 n mech room behind office 14 Government City of Fayetteville 5DEFA7 Solid Waste & Recycling 1560 S Happy Hollow Rd Ames DC 42626 2050BM3 5"1 Mech room on northside of building 15 Government City of Fayetteville 5DEFA7 Solid Waste & Recycling 1560 S Happy Hollow Rd Ames DCDA QC-046VNL Colt 3006E MV room on northside of building 16 Government City of Fayetteville 5DEFA7 Solid Waste & Recycling 1560 S Happy Hollow Rd Wilkins RP 273 975XL .25" I e room by mop sink - top assembly 17 Government City of Fayetteville 5DEFA7 Solid Waste & Recycling 1560 S Happy Hollow Rd Wilk RP 7 3 975 1.25" room by mop sink - bottom assembly 18 Government City of Fayetteville 5DEFA7 Solid Waste & Recycling 1560 S Happy Hollow Rd Wi ins RP 9 97 2 4' room on northside of building 19 Government City of Fayetteville E72AAC Animal Services 1640 S Armstrong Ave Wa RP 365 630 building in mech roomA,A bottom assemblyA,A 20 Government City of Fayetteville E72AAC Animal Services 1640 S Armstrong Ave Watts R 438704 T 1' Main building - in mech room 21 Government City of Fayetteville E72AAC Animal Services 1640 S Armstrong Ave is 43 4 09QT 1630 building in mech room top assembly 22 Government City of Fayetteville 2AOOCO Compost 1708 S Happy Hollow Rd ilkins RP 1064 975XL 1" Truck bay along south wall 23 Government City of Fayetteville 2AOOCO Compost 1708 S Happy Hollow Rd Wilkins RP A 975XL 1.5" In truck bay along west wall 24 Government City of Fayetteville 4D3719 Fleet Car Wash 1720 S Happy Hollow Rd W i I RP 3 7 3" In mech room in between bays. 25 Government City of Fayetteville FCOD2C Courts/Prosecutor 176 S Church Ave Apollo b o DC 1 467 0 4" In mech room along north wall 26 Government City of Fayetteville FCOD2C Courts/Prosecutor 176 S Church i n P 290294 L 2" In mech room southeast corner 27 Government City of Fayetteville FCOD2C Courts/Prosecutor 176 S Chur Ap onbraco C 18JQ47 DC4A 0.5" In mech room along north wall 28 Government City of Fayetteville FCOD2C Courts/Prosecutor 176 S Ch h e ilkins 975XL2 0.75" In mech room along north wall 29 Commercial City of Fayetteville NUKGCK Police Dept HQ 1800 N Step h emorial Blvd Wilkins RP 375AST 3" Northeast corner of building in mechanical room with water heater! 30 Commercial City of Fayetteville NUKGCK Police Dept HQ 1800 N Stephe Carr Mem ial Ivd Am DCDA 5 LFColt 300BF 6" Mechanical room on east side of building 31 Commercial City of Fayetteville NUKGCK Police Dept HQ 1800 N Stephen arr M rial s C 6562 LF007M3QT 0.75" In mechanical room on the east side of building 32 Commercial City of Fayetteville NUKGCK Police Dept HQ 1800 N Stephen Carr M n vd CG2225 975XL2 1.5" In mechanical room on west side of building by water heater Northeast building 33 Irrigation City of Fayetteville 769NKT Police Dept HQ 1800 N Stephen r M al Blvd ilkins R ACH5241 975XL2 2" Next to water meter SE Corner next to main building 34 Commercial City of Fayetteville QMBEFT Fire Station 9 2250 ve Wilkins ACG7065 975XL2 2" In mech room top rp 35 Commercial City of Fayetteville QMBEFT Fire Station 9 22 S ch Ave Wil Lns RP ACF9476 975XL2 2" In mech room bottom rp 36 Commercial City of Fayetteville QMBEFT Fire Station 9 2250 S ool Av Am DCDA UL-2280 LFColt 300BF 2.5" In mech room 37 Commercial City of Fayetteville QMBEFT Fire Station 9 OSchool Ave DC 5045 LF007M3QT 0.75" In mech room 38 Government City of Fayetteville GY2CDR Fire Station 8 2 W Dean DCDA VB-0182 LFColt 300BF 2.5" In mech room 39 Government City of Fayetteville GY2CDR Fire Station 8 2266 W D tts DC 4696 LF007M3QT 0.75" In mech room 40 Government City of Fayetteville GY2CDR Fire Station 8 2266 W e ins RP ACF3719 975XL2 2" In mech room 41 Government City of Fayetteville F2C107 Water/Sewer Operations 24 ial Dr Wilkins DCDA V01372 350ADA 4" Southend of hallway 42 Government City of Fayetteville F2C107 Water/Sewer Operations 2 n strial Dr Wilkins DC 2064486XLD 950XL 0.75" Southend of hallway 43 Irrigation City of Fayetteville 5A302E Fire Training orick r Y Wilkins RP 4366713 975XL 1" Eastside of drive by water meter box 44 Government City of Fayetteville 805E3A Fire Station 5 2 N Crosso Watts RP A09199 009M2QT 2" In truck bay along west wall 45 Government City of Fayetteville 805E3A Fire Station 5 9 N Cros Watts RP 25569 9 2.5" In truck bay along west wall 46 Government City of Fayetteville 805E3A Fire Station 5 2979 N s er d Wilkins DCDA 23750 350ADA 4" In truck bay along west wall 47 Government City of Fayetteville 805E3A Fire Station 5 2979 ver Rd Wilkins DC 2362596XLDI 950XL 0.75" In truck bay along west wall 48 Irrigation City of Fayetteville 1636BE Fire Station 5 in Nitover Rd Yd Wilkins RP 2620389 975XL 1" In front yard by water meter box 49 Commercial City of Fayetteville 2X23VS West Ave Parking Deck %32 N WEST Ave Wilkins RP ACK1483 975XL2 2" Mechanical room 105 50 Government City of Fayetteville 1.00E+31 Fire Station 4 Plainview Ave Ames DC 7299 2000E 0.75" In bay along south wall 51 Government City of Fayetteville 1.00E+31 Fire Station 4 3385 N Plainview Ave Ames DCDA 101050 3000SS 2.5" In bay along south wall 52 Government City of Fayetteville 1.00E+31 Fire Station 4 3385 N Plainview Ave Wilkins RP 890532 975XL 2" In bay along south wall 53 Government City of Fayetteville 1.00E+311 Fire Station 4 3385 N Plainview Ave Watts PVB 3027 1 LF800M4QT 2" Inside bay between doors 54 Government City of Fayetteville C9C9E8 Fire Marshal 4140 S School Ave Wilkins RP ABB09841 I 975XL2 0.75" South of building behind fence in hotbox 55 Government City of Fayetteville 6467F9 Parking/Sustainability 416 W Spring St Wilkins RP 4000948 975XL2 1" Inside mech room 56 Irrigation City of Fayetteville D04661 Marion Orton Recycling Center 1 735 W North St Wilkins RP A220395 375 1" Ne corner of parking lot 57 Commercial ARTS LIVE THEATRE 77A63F Community Resources 818 N Sang Ave Wilkins RP 4697814 975XL2 0.75" Mechanical room by water heater feeds both units 58 Government City of Fayetteville 5EE04F Fire Station 7 1 835 N Rupple Rd Wilkins RP 1953744 975XL 2" In bay along south wall - bottom assembly 59 Government City of Fayetteville 5EE04F Fire Station 7 835 N Rupple Rd Wilkins RP AOO6348 975XL2 2" In bay along south wall - top assembly 60 Government City of Fayetteville FDCBBA Fire Station 6 900 S Hollywood Ave Watts DCDA 1067200504 774 2.5" In truck bay on south wall 61 Government City of Fayetteville FDCBBA Fire Station 6 900 S Hollywood Ave Watts DC 10216 007M2QT 0.75" In truck bay on south wall 62 Government City of Fayetteville FDCBBA Fire Station 6 900 S Hollywood Ave Wilkins RP B-22770 975XL 2.5" In truck bay on south wall 63 Government City of Fayetteville FDCBBA Fire Station 6 900 S Hollywood Ave Watts PVB 1487 800M4QT 2" In truck bayA,A between doors 64 Government FAYETTEVILLE SENIOR CENTER A4791C Fayetteville Senior Center 945 S College Ave Ames DCDA 124361-0103 3000SS 6" In basement along south wall 65 Government FAYETTEVILLE SENIOR CENTER A4791C Fayetteville Senior Center 945 S College Ave Watts DC 55291 007M1QT 0.75" In basement along south wall 66 Government FAYETTEVILLE SENIOR CENTER A4791C Fayetteville Senior Center 945 S College Ave Watts RP 57351 009M3QT 0.75" In basement along east wall 67 Government FAYETTEVILLE SENIOR CENTER A4791C Fayetteville Senior Center 945 S College Ave Watts RP 385393 909M1QT 2" South assembly in food storage room 68 Government FAYETTEVILLE SENIOR CENTER A4791C Fayetteville Senior Center 945 S College Ave Watts RP 385395 909M1QT 2" North assembly in food storage room CITY OF Contract for Services iFAYETTEVILLE Construction — On -Call Backflow Preventer Maintenance iARKANSAS Contractor/Vendor. Comfort Systems USA (Arkansas) Inc. Term: One Year with Four One -Year Renewals THIS AGREEMENT is made this _ day of mi-4 — 2025, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Comfort Systems USA (Arkansas) Inc. (Vendor or Comfort Systems). CITY OF FAYETTEVILLE from time to time requires professional construction services in connection with construction projects. Therefore, CITY OF FAYETTEVILLE and ComfortSystems, in consideration of their mutual covenants, agree as follows: 1. Comfort Systems, at its own cost and expense, shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and/or all other accessories and services necessary to complete items bid per Bid 25-32 Construction — On -Call Backflow Preventer Maintenance as stated in Comfort Systems bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 25-32. a. The City of Fayetteville shall pay Comfort Systems for completion of the project based on prices indicated in Appendix B. b. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. Invoices shall be submitted itemized to the detail and breakout presented in the bid form. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: I. Appendix A: Bid Tabulation ii. Appendix B: Bid Package identified as Bid 25-32 Construction — On -Call Back -flow Preventer Maintenance with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings, and issued addenda. iii. Appendix C: Comfort Systems Bid Submittal iv. Appendix D: Comfort Systems Certificate of Insurance 3. This agreement may be modified only by a duly executed written instrument signed by the CITY and Comfort Systems. 4. Comfort Systems shall not assign its duties under the terms of this agreement. CONTRACT: Bid 25-32, Construction —On-Call Backf low Preventer Maintenance Page 1 of 6 City of Fayetteville, AR 5. Debarment and Suspension: By execution of this agreement, Vendor certifies that to the best of its knowledge and belief that the Vendor and it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 6. Indemnification: The CITY requires Comfort Systems to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any loss caused by negligence and from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of Comfort Systems, or their employees, agents, Subcontractors, sub consultant and Suppliers of Comfort Systems. 7. Insurance: Comfort Systems shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that applicable coverage exists for the following insurance which shall be maintained throughout the term of the Contract. Any work sublet; the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Comfort Systems shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance shall be paid by Comfort Systems. The Certificate of Insurance shall show the City as an additional insured. a. Workmen's Compensation: Statutory Amount b. Comprehensive General & Automobile Insurance: $500,000 for each person injured. c. Bodily Injury Liability: $1,000,000 for each accident. d. Property Damage Liability: $1,000,000 aggregate. 8. ComfortSystems shall furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Comfort Systems with 30 calendar days written notice. 10. The City agrees to reserve the right to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be automatic unless either Comfort Systems or the City notifies the other of its intent to terminate the contract at the end of the contract period. a. Single projects exceeding $50,000.00 will require additional approval from the Fayetteville City Council. b. Single projects over the City Council threshold of $50,000.00 shall require one hundred percent (100%) performance and payment bonds. Performance and Payment bonds shall be provided to the City after being file marked at the Washington County Circuit Clerk's Office. C. Comfort Systems shall warranty work performed under this contract for a period of one (1) full year from the date of final payment for each project awarded under this contract. CONTRACT: Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 2 of 6 City of Fayetteville, AR 11. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 12. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute. Venue for all legal disputes shall be Washington County, Arkansas. 13. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the VENDOR shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Sec.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 14. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 15. Liens: No liens against this construction projects) 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. 16. General Provisions: a. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall not pay or receive any contingent fees or gratuities to or from any other party, including agents, officer's employers, Subcontractors, Sub subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. b. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or equipment furnished by City or Others, it shall be the responsibility of the vendor to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of the vendor shall be the responsibility of vendor and may be deducted from any amounts due or to become due. Any defects discovered in such materials or equipment shall be reported at once to the City and the City's contracted third -party Design Professional. Following receipt of written notice from vendor of defects, City and Design Professional shall promptly inform the City what action, if any, vendor shall take with regard to the defects. CONTRACT: Bid 25-32, Construction — On -Call Backf low Preventer Maintenance Page 3 of 6 City of Fayetteville, AR c. COMPLIANCE WITH LAWS: Vendor shall comply with all the Law at its own cost. Vendor shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Vendor its employees, subcontractors, suppliers, and agents forfailure to comply with Laws, including fines, penalties, or corrective measures. d. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to Vendor, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. i. If any Defective Work is found, City shall promptly notify Vendor in writing. Unless City provides written acceptance of the condition, Vendor shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the two-year correction period City discovers and does not promptly notify Vendor or give Vendor an opportunity to test or correct Defective Work as reasonably requested by Vendor, City waives Vendor's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work. e. TAXES AND PERMITS: Vendor shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Vendor shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. f. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. 17. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Comfort Systems: i. Provide full information as to the requirements for the Project. ii. Assist Comfort Systems by placing at Comfort Systems disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist Comfort Systems in obtaining access to property reasonably necessary for Comfort Systems to perform its services. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by Comfort Systems and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to Comfort Systems in a timely manner. CONTRACT: Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 4 of 6 City of Fayetteville, AR vi. The City of Fayetteville Facilities and Building Maintenance Manager is the project representatives with respect to the services to be performed under this Agreement. The Facilities and Building Maintenance Manager shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 18. Additional Responsibilities of Comfort Systems: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve Comfort Systems of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. Comfort Systems shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by Comfort Systems negligent performance, except beyond the Comfort Systems normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. Comfort Systems obligations under this clause are in addition to Vendor's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against Comfort Systems for faulty materials, equipment, or work. 19. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that Comfort Systems or any of Comfort Systems agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to Comfort Systems terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against Comfort Systems as it could pursue in the event of a breach of the Agreement by Comfort Systems. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs Comfort Systems incurs in providing any such gratuities to any such officer or employee. CONTRACT: Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 5 of 6 City of Fayetteville, AR 20. Contractor's Representations: a. Comfort Systems has examined and carefully studied all contract documents. b. Comfort Systems shall visit the project sites and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. c. Comfort Systems 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. Comfort Systems 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. e. Comfort Systems 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. f. Comfort Systems has correlated the information known to Comfort Systems, 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and COMFORT SYSTEMS USA (ARKANSAS) INC., by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS COMFORT SYSTEMS USA (ARKANSAS) INC. * -�O� I By: By: / Molly Rawn, Mayor Brad Kuhl, Service Sales NW ATTEST: By: Kara Paxton, City Clerk - Treasurer Date Signed: 05/22/2025 Date Signed: V- CONTRACT: Bid 25-32, Construction — On -Call Backflow Preventer Maintenance Page 6 of 6 City of Fayetteville, AR