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244-25 RESOLUTION
Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 244-25 File Number: 2025-2148 A RESOLUTION TO AWARD BID #25-49 AND AUTHORIZE A CONTRACT WITH AUSTIN KING, INC. D/B/A KING ELECTRIC TO PROVIDE ON-CALL ELECTRICAL SERVICES FOR ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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 #25-49 and authorizes a contract with Austin King, Inc. D/B/A King Electric to provide on-call electrical services for one year with automatic renewals for up to four additional one year terms. PASSED and APPROVED on November 4, 2025 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2148 MEETING OF NOVEMBER 4, 2025 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Chris Brown, Public Works Director FROM: Byron Humphry, Director of Park Operations and Facilities SUBJECT: A Resolution to approve a multi-year contract for on-call electrical services with Austin King, Inc. D/B/A King Electric RECOMMENDATION: Approval of a Resolution to award Bid 25-49, Construction - On-Call Electrical Services and a contract to Austin King, Inc. D/B/A King Electric for on-call as-needed electrical services for one year with four one-year automatic renewals. BACKGROUND: Electrical services are bid for a contract period of one year with an automatic option to renew for four additional one-year terms, for a possible contract term of five years. This contract is utilized by various City departments and divisions on an as-needed, on-call basis. Single electrical projects that exceed the threshold for City Council approval, currently $50,000, will require additional City Council approval. DISCUSSION: Bids were received from two vendors. King Electric is the lowest qualified responsive responsible bidder and has been awarded the electrical on-call contract for the past four contract terms. They continue to offer the City competitive pricing, exceptional customer service and are familiar with the City’s electrical structure of various buildings and facilities. BUDGET/STAFF IMPACT: Budgeted funds will be utilized by each City department and division depending on their electrical project and repairs needed. ATTACHMENTS: 3. Staff Review Form, 4. King Electric Contract Appendix Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2148 A RESOLUTION TO AWARD BID #25-49 AND AUTHORIZE A CONTRACT WITH AUSTIN KING, INC. D/B/A KING ELECTRIC TO PROVIDE ON-CALL ELECTRICAL SERVICES FOR ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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 #25-49 and authorizes a contract with Austin King, Inc. D/B/A King Electric to provide on-call electrical services for one year with automatic renewals for up to four additional one year terms. City of Fayetteville Staff Review Form 2025-2148 Item ID 11/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Byron Humphry 10/15/2025 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a Resolution to award Bid 25-49, Construction - On-Call Electrical Services and a contract to Austin King, Inc. D/B/A King Electric for on-call as-needed electrical services for one year with four one-year automatic renewals. Budget Impact: Various Various Account Number Fund Various Various Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $- V20221130 Purchase Order Number:Previous Ordinance or Resolution #258-20 Change Order Number:Approval Date:10/20/2020 Original Contract Number: Comments: CONTRACT: Bid 25-49, Construction – On-Call Electrical Services Page 1 of 6 City of Fayetteville, AR Contract for Services Construction – On-Call Electrical Services Contractor: Austin King Inc. dba King Electric Term: One Year with Four One-Year Renewals THIS AGREEMENT is made this __________ day of , 2025, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Austin King Inc. dba King Electric (Contractor or King Electric). CITY OF FAYETTEVILLE and King Electric, in consideration of their mutual covenants, agree as follows: 1.King Electric, 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 25-49, Construction – On-Call Electrical Services as stated in King Electric’s bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 25-49. a.The City of Fayetteville shall pay King Electric for completion of the project(s) 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 25-49, Construction – On-Call Electrical Services with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings, and issued addenda. iii.Appendix C: King Electric’s Bid Submittal iv.Appendix D: King Electric’s Certificate of Insurance 3.This agreement may be modified only by a duly executed written instrument signed by the CITY and King Electric. 4.King Electric shall not assign its duties under the terms of this agreement. 4th November CONTRACT: Bid 25-49, Construction – On-Call Electrical Services Page 2 of 6 City of Fayetteville, AR 5.Debarment and Suspension: By execution of this agreement, Contractor certifies that to the best of its knowledge and belief that the Contractor 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 King Electric 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 King Electric, or their employees, agents, Subcontractors, sub consultant and Suppliers of King Electric. 7.Insurance: King Electric 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, King Electric 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 King Electric. 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.King Electric 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 King Electric 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 King Electric 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.King Electric 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 25-49, Construction – On-Call Electrical Services Page 3 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 Contractor shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 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 project(s) 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 Contractor 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 Contractor shall be the responsibility of Contractor 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 Contractor of defects, City and Design Professional shall promptly inform the City what action, if any, Contractor shall take with regard to the defects. CONTRACT: Bid 25-49, Construction – On-Call Electrical Services Page 4 of 6 City of Fayetteville, AR c.COMPLIANCE WITH LAWS: Contractor shall comply with all the Law at its own cost. Contractor shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Contractor its employees, subcontractors, suppliers, and agents for failure 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 Contractor, 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 Contractor in writing. Unless City provides written acceptance of the condition, Contractor 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 Contractor or give Contractor an opportunity to test or correct Defective Work as reasonably requested by Contractor, City waives Contractor'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: Contractor 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. Contractor 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 King Electric: i.Provide full information as to the requirements for the Project. ii.Assist King Electric by placing at King Electric disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii.Assist King Electric in obtaining access to property reasonably necessary for King Electric to perform its services. iv.Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by King Electric and render in writing decisions pertaining thereto. v.Review all documents and provide written comments to King Electric in a timely manner. CONTRACT: Bid 25-49, Construction – On-Call Electrical Services Page 5 of 6 City of Fayetteville, AR 18.Additional Responsibilities of King Electric: a.Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve King Electric 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.King Electric shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by King Electric negligent performance, except beyond the King Electric 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.King Electric obligations under this clause are in addition to Contractor’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 King Electric for faulty materials, equipment, or work. 19.Gratuities: a.If CITY OF FAYETTEVILLE finds after a notice and hearing that King Electric or any of King Electric 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 King Electric 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 King Electric as it could pursue in the event of a breach of the Agreement by King Electric. 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 King Electric incurs in providing any such gratuities to any such officer or employee. 20.Contractor’s Representations: a.King Electric has examined and carefully studied all contract documents. b.King Electric 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.King Electric 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.King Electric does not consider that any additional examinations, investigations, explorations, 11/04/2025 Appendix A: Bid Tabulation Total Line #Description QTY UOM Unit Extended Unit Extended 1.1 Material (Cost plus %) $0-$100 1000 Dollars $1.35 $1,350.00 $1.10 $1,100.00 1.2 Material (Cost plus %) $101-$500 1000 Dollars $1.35 $1,350.00 $1.10 $1,100.00 1.3 Material (Cost plus %) $501-$1000 5000 Dollars $1.35 $6,750.00 $1.10 $5,500.00 1.4 Material (Cost plus %) $1001-$5000 5000 Dollars $1.20 $6,000.00 $1.10 $5,500.00 1.5 Material (Cost plus %) $5001 and up 65000 Dollars $1.10 $71,500.00 $1.10 $71,500.00 1.6 Rental Equipment (Cost plus %)10000 Dollars $1.00 $10,000.00 $1.10 $11,000.00 2.1 Journeyman Electrician - Straight/Regular Time 500 Hours $60.00 $30,000.00 $75.00 $37,500.00 2.2 Journeyman Electrician - Nights and Weekends 25 Hours $80.00 $2,000.00 $112.50 $2,812.50 2.3 Journeyman Electrician - Holiday 10 Hours $80.00 $800.00 $150.00 $1,500.00 2.4 Apprentice Electrician - Straight/Regular Time 500 Hours $45.00 $22,500.00 $60.00 $30,000.00 2.5 Apprentice Electrician - Nights and Weekends 25 Hours $65.00 $1,625.00 $90.00 $2,250.00 2.6 Apprentice Electrician - Holidays 10 Hours $65.00 $650.00 $120.00 $1,200.00 2.7 Electrician's Helper - Straight/Regular Time 500 Hours $10.00 $5,000.00 $55.00 $27,500.00 2.8 Electrician's Helper - Nights and Weekends 25 Hours $15.00 $375.00 $82.50 $2,062.50 2.9 Electrician's Helper - Holidays 10 Hours $15.00 $150.00 $110.00 $1,100.00 2.10 Foreman/Supervisor - Straight/Regular Time 200 Hours $60.00 $12,000.00 $75.00 $15,000.00 2.11 Foreman/Supervisor - Nights and Weekends 25 Hours $80.00 $2,000.00 $112.50 $2,812.50 2.12 Foreman/Supervisor - Holidays 10 Hours $80.00 $800.00 $150.00 $1,500.00 2.13 General Laborer - Straight/Regular Time 300 Hours $10.00 $3,000.00 $45.00 $13,500.00 2.14 General Laborer - Nights and Weekends 20 Hours $15.00 $300.00 $67.50 $1,350.00 2.15 General Laborer - Holidays 10 Hours $15.00 $150.00 $90.00 $900.00 $140,987.50$81,350.00 $95,700.00$96,950.00SECTION A: Fees SECTION B: Hours Kenny Fitch, Sr Procurement Agent ______________________________________________________________________________ Trevel Young, Procurement Agent ______________________________________________________________________________ * NOTICE: Bid award is contingent upon supplier meeting minimum specifications and formal authorization by City Officials. $236,687.50$178,300.00 King Electric Bill's Electric Inc. DEADLINE: Tuesday, October 07, 2025 at 2:00 PM Bid 25-49, Construction - On-Call Electrical Services BID TABULATION Appendix B: Bid Package Bid 25-49, Construction On-Call Electrical Services City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 1 of 17 City of Fayetteville, Arkansas Procurement Division – Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 25-49, Construction - On-Call Electrical Services DEADLINE: Tuesday, October 07, 2025 before 2:00 PM, Local Time CONTACT: Sr. Procurement Agent Kenny Fitch, kfitch@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 09/14/2025 & 09/21/2025 No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City’s third-party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Procurement Division. Submitting through the City’s electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Procurement Division. INVITATION TO BID Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 2 of 17 City of Fayetteville Bid 25-49, Construction – On-Call Electrical Services Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 24-49, Construction – On-Call Electrical Services The City of Fayetteville is accepting sealed bids from properly licensed firms to provide various electrical services for City-owned facilities or equipment on an on-call basis. Questions regarding this bid should be addressed to Kenny Fitch, Sr Procurement Agent at kfitch@fayetteville-ar.gov. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Procurement Division’s electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Tuesday, October 7, 2025 before 2:00 PM, local time utilizing the electronic bidding software or by submitting a sealed bid to the City of Fayetteville Procurement Division. All bids shall be received prior to the bid deadline. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed on Zoom. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder’s technical equipment. 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, the City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period which shall not exceed beyond ninety (90) days from the bid opening date. City of Fayetteville By: Kenny Fitch Sr Procurement Agent 479.575.8258 kfitch@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 09.14.25 & 09.21.25 This publication was paid for by the Procurement Division of the City of Fayetteville, Arkansas. Amount paid: $295.16 Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 3 of 17 City of Fayetteville Bid 25-49, Construction – On-Call Electrical Services Required Bid Form – Bid Signature & Online Submittal Reqirements 1. EXECUTION OF BID: a. 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: i. Bid Attributes ii. Bid Line Items – Bidders shall bid on all line items and not submit partial bids iii. Response Attachments -Required Bid Form (this form, completed in its entirety) b. Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. 2. PRICE: Bidders shall submit pricing on the City’s online bidding portal in the format presented online. 3. BIDDER CERTIFIES: a. 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. b. 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. c. 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. d. 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, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. Refer to the City’s electronic bidding platform to submit bid pricing electronically. Contact the City Procurement Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City’s online bidding portal. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 4 of 17 e. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. f. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. g. Bidder shall comply with all State and Federal Equal Opportunity and Non-Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. h. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. ___________ 1.) NO KNOWN RELATIONSHIP EXISTS ___________ 2.) RELATIONSHIP EXISTS (Please explain): ______________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ i. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 – Subpart P – Excavations. j. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. k. Federal Executive Order (E.O.) 12549 “Debarment and Suspension“ requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. l. 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. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 5 of 17 4. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 5. SIGNATURE SUBMITTAL: NAME OF FIRM: ________________________________________________________________________ Purchase Order/Payments shall be issued to this name D/B/A or Corporation Name _______________________________________________________________ BUSINESS ADDRESS: _____________________________________________________________________ CITY: ____________________________________ STATE: ______________ ZIP: ___________________ PHONE: ______________________________________ FAX: ____________________________________ E-MAIL: ________________________________________________________________________________ TAX ID #: _________________________ AR SECRETARY OF STATE FILING #:__________________________ By submitting your response, you certify that you are authorized to represent and bind your company : SIGNATURE: ____________________________________________________________________________ PRINTED NAME: _________________________________________________________________________ TITLE: _______________________________________ DATE: _____________________________________ Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 6 of 17 City of Fayetteville Bid 25-49, Construction – On-Call Electrical Services References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: ________________________________________________________________________________ BUSINESS ADDRESS: ____________________________________________________________________________ NUMBER OF YEARS IN BUSINESS: ___________________HOW LONG IN PRESENT LOCATION: _______________ TOTAL NUMBER OF CURRENT EMPLOYEES: _________________ FULL TIME _______________ PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: _____ FULL TIME _____ PART TIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed). Contractors shall have valid experience. 1. ___________________________________________ 2. __________________________________________ COMPANY NAME COMPANY NAME _____________________________________________ __________________________________________ CITY, STATE, ZIP CITY, STATE, ZIP _____________________________________________ _____________________________________________ CONTACT PERSON CONTACT PERSON _____________________________________________ _____________________________________________ TELEPHONE TELEPHONE _____________________________________________ _____________________________________________ DATE COMPLETED DATE COMPLETED _____________________________________________ _____________________________________________ E-MAIL ADDRESS E-MAIL ADDRESS 3. ___________________________________________ 4. __________________________________________ COMPANY NAME COMPANY NAME _____________________________________________ __________________________________________ CITY, STATE, ZIP CITY, STATE, ZIP _____________________________________________ _____________________________________________ CONTACT PERSON CONTACT PERSON _____________________________________________ _____________________________________________ TELEPHONE TELEPHONE _____________________________________________ _____________________________________________ DATE COMPLETED DATE COMPLETED _____________________________________________ _____________________________________________ E-MAIL ADDRESS E-MAIL ADDRESS Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 7 of 17 City of Fayetteville Bid 25-49, Construction – On-Call Electrical Services General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Procurement Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Procurement Division’s electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of Bidder’s technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Procurement Division Office at (479) 575-8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non-negotiable. Bidder’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award. f. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Procurement Division Office or electronic clock located in the City’s third-party bidding software. g. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Sr Procurement Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Procurement Division. The City of Fayetteville reserves the right to accept or reject any requested equal. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 8 of 17 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled “Authority of City Employee to Contract with the City”. b. All bidders shall promptly notify Kenny Fitch, City Sr Procurement Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder’s judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF BID: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Procurement 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 Procurement Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 9 of 17 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 available to all Government agencies, departments, municipalities, and counties, the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under this bid. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Bidder, by affixing their signature to this bid, agrees to the following: “bidder certifies that their bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.” 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor’s records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 10 of 17 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 fully understood by bidders prior to submitting a bid on this requirement. 16. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Procurement Division, immediately. 17. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 18. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Procurement Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder’s acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. 19. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 11 of 17 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 shall provide written notice to the City within thirty (30) calendar days of Contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a bid to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 21. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City’s best interest. In the case of multiple-term contracts, this provision shall apply separately to each item. 22. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder’s/proposer’s/protestor’s staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Procurement Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non-action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 12 of 17 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. 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 Procurement Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder’s response and presented in the form of an addendum to the original bid documents. 26. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 13 of 17 f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the 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. h. NOTE: Any uncertainties shall be brought to the attention to Kenny Fitch immediately via telephone (479.575.8258) or e-mail (kfitch@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Procurement Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Kenny Fitch via e-mail (kfitch@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 preparation necessary to properly respond to this bid. The bid is designed to provide qualified Bidders with sufficient basic information to submit bids meeting minimum specifications and/or test requirements but is not intended to limit a bid’s content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Bidder hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. l. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 14 of 17 m. The successful bidder’s attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 27. ATTACHMENTS TO BID DOCUMENTS: a. Attachment A: General Requirements Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 15 of 17 City of Fayetteville Bid 25-49, Construction – On-Call Electrical Services Attachment A: General Requirements 1. GENERAL: 1) The City requires the services of an Electrical Contractor to provide labor, materials, and equipment to perform repairs, new installations, and any necessary service to various City buildings and projects on an as needed basis. 2) The City anticipates awarding a contract for an initial one (1) year term with automatic renewals for four (4) additional one (1) year terms. Either party may decline to renew by providing the other party with written notice at least thirty (30) days prior to the expiration of the current contract term. 3) All invoices shall be presented to the City, fully itemized, utilizing bid pricing to arrive at the final total invoice amount. All invoices shall include the following information at a minimum: a) General description of services provided, including the project address. b) City Department that ordered the materials or services. c) Order Date. d) Delivery date or date of services. e) Name of City employee that requested or picked up the goods, materials, or service. f) Bid number that applies to the purchase and invoices. The amounts in the invoice should match the bid. 4) The City reserves the right to bid any project. This is not an exclusive contract. 5) The contractor may be required to do emergency repairs at times other than normal working hours. The contractor shall be in a position to be available on a twenty-four (24) hour basis for such emergency work. Contractor shall include a response time. 6) On site emergency response time shall be no more than two (2) hours after notification. Regular response time shall be no more than 48 hours after contact. Bidder shall include mileage and travel time as part of this agreement. The City shall not be responsible for additional mileage, travel time costs, surcharges, fuel fees, or any other fees added onto invoicing. 7) The City anticipates approximately 500 hours of service for various projects during each contract term. This quantity is an estimate only and does not represent any guaranteed work to be performed during the contract period. The City shall not be obligated to purchase more or less than the estimated quantities listed. The City reserves the right to purchase more or less via an on-call basis depending upon actual needs during the contract period. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 16 of 17 8) Bidders shall furnish evidence that they have past experience in the type of work as outlined in the bid specifications and shall include specific experience. A minimum of four (4) references must be submitted with each bid for projects that have been completed within the past five (5) years. 9) Bidder shall be a licensed electrical contractor with the State of Arkansas. A current valid Arkansas contractor’s license is required and shall be valid at time of bid deadline. 10) Bidder shall hold an active registration in “Good Standing” with the Arkansas Secretary of State prior to the bid award. 11) The Bidder shall possess the correct occupational licenses, all professional licenses and any other authorizations necessary to carry out and perform the work required by the project AT THE TIME OF BID SUBMISSION pursuant to all applicable Federal, State, and Local Laws, Statutes, Ordinances, and rules and regulations of any kind. 12) The Contractor shall be responsible for obtaining all required permits; however, fees for all permits will be waived and shall not be included in pricing. 13) All work shall be performed in a good, workmanship-like manner and shall conform to codes enforced by the City Inspection Division. 14) In the event a single project is deemed to exceed $50,000, the City department that requested the service and the Procurement department shall be notified by the Contractor immediately. 15) Any single project exceeding $50,000 will require a 100% performance bond and 100% payment bond to be delivered to the City after the project has been approved by Fayetteville City Council. The bonds shall be filed and file marked at the Washington County Circuit Clerks Office prior to the delivery to the City. 16) Labor quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage, etc. Prices quoted shall be firm for the term of the contract. 17) The Contractor shall employ a competent and thoroughly experienced superintendent capable of handling all phases of each project including any necessary assistants to complete each project. When any work under this contract is being performed, the City and necessary employees shall be present at the job site. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. 18) Major and important directions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed upon written request of the Contractor. 19) The Superintendent shall be in complete and responsible charge of the project for the Contractor and shall not be superseded by any other personnel of the Contractor. The Contractor shall submit the name of the proposed Superintendent for the Contractor and shall furnish a telephone number or numbers through which the Superintendent may be reached 24 hours each day of the contract duration. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s City of Fayetteville, AR Bid 25-49, Construction – On-Call Electrical Services Page 17 of 17 20) The Contractor shall provide efficient supervision for the work, using his best skill and attention. He shall carefully study and compare all Drawings, Specifications, and other instructions and shall report at once to the Project Manager any error, inconsistency, or omission which he may discover, but he shall not be held responsible for the existence or discovery. 21) In the event the City becomes unhappy with hours billed on projects, quality of work, timeliness of performance or any other manner, the City reserves the right to cancel this contract with a thirty (30) day written notice at no penalty to the City. 22) Any work orders associated with all City owned and leased buildings will be directed by the Facilities Management division. 23) Any other work orders associated will be directed through their respective division. Ap p e n d i x B Bid 2 5 - 4 9 , C o n s t r u c t i o n – O n - C a l l E l e c t r i c a l S e r v i c e s Appendix C: King Electric’s Submittal Bid 25-49 Addendum 1 King Electric Austin King Inc. Supplier Response Event Information Number:Bid 25-49 Addendum 1 Title:Construction - On-Call Electrical Services Type:Invitation to Bid Issue Date:9/14/2025 Deadline:10/7/2025 02:00 PM (CT) Notes:The City of Fayetteville is accepting sealed bids from properly licensed firms to provide various electrical services for City-owned facilities or equipment on an on-call basis. Questions regarding this bid should be addressed to Kenny Fitch, Sr Procurement Agent at kfitch@fayetteville-ar.gov. Contact Information Contact:Kenny Fitch Address:Procurement Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Phone:(479) 575-8258 Email:kfitch@fayetteville-ar.gov Vendor: King Electric Bid 25-49 Addendum 1Page 1 of 4 pages King Electric Information Address:96 Lillie Lane Fayetteville, AR 72701 Phone:(479) 443-0006 By submitting your response, you certify that you are authorized to represent and bind your company. Chris King chris@ckingelectric.net Signature Email Submitted at 10/7/2025 12:59:16 PM (CT) Requested Attachments Signature Forms for Bid 25-49 King Electric.pdf Please attach all completed bid forms. These documents can be found in the Project Manual located under the "Attachments" tab. Please be sure to include ALL required information stated in the Project Manual. Bid Attributes 1 Arkansas Secretary of State Filing Number: 100142465 2 Arkansas Contractor's License Number 0063870425 3 Maximum Emergency Response Time 1 hour 4 Check Yes or No: 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. Yes, I agree No, I don't agree 5 Check Yes or No: 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, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. Yes, I agree No, I don't agree Vendor: King Electric Bid 25-49 Addendum 1Page 2 of 4 pages 6 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. I agree Bid Lines 1 Package Header SECTION A: Fees (Estimated Annual) Quantity:1 UOM:Contractors Cost Estimate Total:$96,950.00 Item Notes:Please put your mark up as a 1 plus the decimal percentage amount. This will get you the total plus cost amount for each line. (For example, a 10% markup would need to be put in as 1.10, 25% as 1.25, etc.) Package Items 1.1 Material (Cost plus %) $0-$100 Quantity:1000 UOM:Dollars Price:$1.35 Total:$1,350.00 1.2 Material (Cost plus %) $101-$500 Quantity:1000 UOM:Dollars Price:$1.35 Total:$1,350.00 1.3 Material (Cost plus %) $501-$1000 Quantity:5000 UOM:Dollars Price:$1.35 Total:$6,750.00 1.4 Material (Cost plus %) $1001-$5000 Quantity:5000 UOM:Dollars Price:$1.20 Total:$6,000.00 1.5 Material (Cost plus %) $5001 and up Quantity:65000 UOM:Dollars Price:$1.10 Total:$71,500.00 1.6 Rental Equipment (Cost plus %) Quantity:10000 UOM:Dollars Price:$1.00 Total:$10,000.00 2 Package Header SECTION B: Hours (Estimated Annual) Quantity:1 UOM:Price/Hour Total:$81,350.00 Item Notes:Put in price per hour for each Package Items 2.1 Journeyman Electrician - Straight/Regular Time Quantity:500 UOM:Hours Price:$60.00 Total:$30,000.00 2.2 Journeyman Electrician - Nights and Weekends Quantity:25 UOM:Hours Price:$80.00 Total:$2,000.00 2.3 Journeyman Electrician - Holiday Quantity:10 UOM:Hours Price:$80.00 Total:$800.00 2.4 Apprentice Electrician - Straight/Regular Time Quantity:500 UOM:Hours Price:$45.00 Total:$22,500.00 Vendor: King Electric Bid 25-49 Addendum 1Page 3 of 4 pages 2.5 Apprentice Electrician - Nights and Weekends Quantity:25 UOM:Hours Price:$65.00 Total:$1,625.00 2.6 Apprentice Electrician - Holidays Quantity:10 UOM:Hours Price:$65.00 Total:$650.00 2.7 Electrician's Helper - Straight/Regular Time Quantity:500 UOM:Hours Price:$10.00 Total:$5,000.00 2.8 Electrician's Helper - Nights and Weekends Quantity:25 UOM:Hours Price:$15.00 Total:$375.00 2.9 Electrician's Helper - Holidays Quantity:10 UOM:Hours Price:$15.00 Total:$150.00 2.10 Foreman/Supervisor - Straight/Regular Time Quantity:200 UOM:Hours Price:$60.00 Total:$12,000.00 2.11 Foreman/Supervisor - Nights and Weekends Quantity:25 UOM:Hours Price:$80.00 Total:$2,000.00 2.12 Foreman/Supervisor - Holidays Quantity:10 UOM:Hours Price:$80.00 Total:$800.00 2.13 General Laborer - Straight/Regular Time Quantity:300 UOM:Hours Price:$10.00 Total:$3,000.00 2.14 General Laborer - Nights and Weekends Quantity:20 UOM:Hours Price:$15.00 Total:$300.00 2.15 General Laborer - Holidays Quantity:10 UOM:Hours Price:$15.00 Total:$150.00 Response Total: $178,300.00 Vendor: King Electric Bid 25-49 Addendum 1Page 4 of 4 pages Appendix D: King Electric’s Certificate of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/16/2025 Sterling Seacrest Pritchard,Inc. 9900 Maumelle Blvd. Suite B North Little Rock AR 72113 Mckenzie Smith 501-478-2967 mckenzies@sspins.com Plaza Insurance Co 30945 AUSTKIN-01 State Auto Mutual Insurance Co 25135AustinKing,Inc. DBA:King Electrical Contractors,Inc. 96 Lillie Lane Fayetteville AR 72701 1189856180 B X 1,000,000 X 100,000 X Blkt Contractual 5,000 1,000,000 2,000,000 X X Contractors E&O Y Y 10187013CP 9/16/2025 9/16/2026 2,000,000 Per Claim $1,000,000 Agg $1,000,000 B 1,000,000 X X Y Y 10186819CA 9/16/2025 9/16/2026 B X X 4,000,000Y10187154CU9/16/2025Y 9/16/2026 4,000,000 X 0 A X N Y 10214316WC 9/16/2025 9/16/2026 1,000,000 1,000,000 1,000,000 B Installation Floater including materials stored @ insured's premises 10187013CP 9/16/2025 9/16/2026 Limit Per Jobsite Stored Materials Deductible $500,000 $500,000 $1,000 The following applies when required in written contract or agreement:Certificate holder and owner are included as additional insureds on a primary and non-contributory basis with respect to General Liability (including completed operations),and Auto Liability.Waiver of subrogation is provided on General Liability,Auto Liability,and Workers Compensation.; City of Fayetteville 113 W.Mountain St. Fayetteville AR 727016069 USA