Loading...
HomeMy WebLinkAbout166-02 RESOLUTION• 1 RESOLUTION Na 166-02 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF TWENTY-FOUR THOUSAND FIFTY DOLLARS ($24,050.00) TO AIRWORICS, A DIVISION OF MULTI -CRAFT CONTRACTORS, INC. TO RENOVATE THE HVAC SYSTEM AT THE FAYETTEVILLE ANIMAL SHELTER; AUTHORIZING A FIVE PERCENT (5%) PROJECT CONTINGENCY; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF FOUR THOUSAND FOUR HUNDRED SEVENTY DOLLARS ($4,470.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby awards a contract in the amount of Twenty -Four Thousand Fifty Dollars ($24,050.00) to Airworks, a division of Multi -Craft Contractors, Inc. to renovate the HVAC system at the Fayetteville Animal Shelter. Section 2. That the City Council of Fayetteville, Arkansas, hereby authorizes a five percent (5%) Project Contingency. Section 3. That the City Council of Fayetteville, Arkansas, hereby approves a Budget Adjustment in the amount of Four Thousand Four Hundred Seventy Dollars ($4,470.00). PASSED and APPROVED this 5th day of November, 2002. ATTEST: By: de/d EATHER WOODRUFF, City Clerk APPROVED: By: NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No.166-02 Document 1 11/05/02 Resolution # 166-02 2 10/14/02 Staff review form 3 Bid 4 10/11/02 Purchase requisition 5 11/14/02 Budget Adjustment 6 12/05/02 Memo from Heather Woodruff, City Clerk to Coy Hurd NOTES: • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: November 5, 2002 FROM: Coy Hurd Building Services Name Division General Services Department ACTION REQUIRED: Award contract regarding the bid for the renovation of the HVAC system at the Fayetteville Animal Shelter located at 1640 A��rmstrong Drive, in th�J amou�lt of $24,050 09an approl of contingency in the amount of $1,203.00. (:v✓ �IQ►4 (01ia d t— Gc 120, G�lal/Q'✓' COST TO CITY: $24,050 Contract $1,203 Contingency Cost of this request 37,884.00 Kennel Upgrades & Improvements Category/Project Budget Program Category / Project Name 4470.9470.5804.00 $ 15,228.41 Other Capital Account Number Funds Used to Date Program / Project Category Name 02007.1 $ 22,655.59 Sales Tax Construction Project Number Remaining Balance Fund Name BUDGET REVIEW: Budget Manag X Budgeted Item X Budget Adjustment Attached /0 -i/ ,o Z Date Administrative Services Director Date CONTRACT/GRANT/LEASE REVIEW: filatc Accounting Manag (/OC._. Date Ala ditor /0//1/01 -- Date O!(//0)— Date City Attoey LICAR Purchasing Manager 1011i10a Date ADA Coordinator Grant Coordinator "/ /0 02 - Cross Reference Date New Item. Yes Date Previous Ord/Res#: l D //—Cn— Orig. Contract Date Date Mayor Date Date Date Orig. Contract Number Description Comments: ltaff Review Form - Page 2 Meeting Date Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator • FAYETTEVILtE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM TO: Mayor Dan Coody, Members off etteville City Council FROM: Coy Hurd, Project Manager THRU: Gary Dumas, General Services Director RE: Bid for the renovation of the HVAC (heating, venting, and air conditioning) system at the Fayetteville Animal Shelter DATE: October 10, 2002 On October 9, 2002, a bid was conducted regarding a needed renovation of the HVAC system at the Fayetteville Animal Shelter at 1640 Armstrong Avenue. In anticipation of the bid opening, the Building Services Division telephoned four perspective vendors for the HVAC system for the purpose of stimulating interest and participation. In addition, public notification of the bid was advertised on two separate occasions in area newspapers. Two companies came to City offices to retrieve bid packages. When the 2:00 p.m. time arrived for the bid opening on October 9, only one vendor (Airworks) had submitted a bid. Airworks' bid was $24,500 for the work. This bid price was inclusive of all costs related to the stated scope of work, including all taxes, fees and permits. The bid of $24,050 was within the expected range of the cost of this work, and was also well within the declared amount of funds available. We should include a five percent contingency amount to address any possible changes or additions ($24,050 X .05 = $1,202.50; $24,050 + $1,203 = $25,253). It is my recommendation that Airworks' bid be accepted, and, that a Notice to Proceed be issued to that company to accomplish this work. I remain available to answer any questions or concerns on this matter. • • • • City of Fayetteville, Arkansas HVAC & MAKEUP AIR RENOVATION AT FAYETTEVILLE ANIMAL SHELTER Bid 02-41 General Information and Specifications: The City of Fayetteville is accepting price proposals from bidders to provide materials and installation to modify existing ductwork to add a new five ton DX cooling coil, replace thermostat, add five ton condensing unit, 2000 CFM E.R.V. with ductwork and associated controls. Proposals shall conform to the specifications attached. Contractors are encouraged to visit the site to verify site condition and accessibility before submitting. ;8 Proposals must conform to the following specifications and include appropriate evidence for each: 1. Bidder shall have a state of Arkansas Contractors License is bid proposal is over $20,000. 2. Bidder shall have workers' compensation as required by Arkansas State statutes. 3. Bidder shall have general liability insurance as required at a minimum of $500,000.00. A bid bond of 5% and a 100% performance/payment bond are required if bid proposal is over 520,000. The successful bidder will be responsible for providing the following: 1. Provide all labor, equipment, materials and supplies needed to complete the job as specified. 2. Remove and cleanup of all debris and construction materials after installation. 3. A 5100.00 per day penalty shall be assessed for each day over the 30 day required delivery date. Any deviation must be noted with specifications attached to bid. 4. Bad weather days will be considered and allowed when appropriate. A $100.00 per day penalty shall be assessed for each day over the 30 day completion time. Installation may be performed on Monday through Friday. 5. Project will not be accepted until the City approves the work after construction. PROPOSAL FORM Total price for this project shall include installation, post construction cleanup, etc. and sales tax as regulated in Arkansas Department of Finance and Administration, GR -21 (Attached). Total Bid o Ir*************517�0�Ir************* The Bidder understands the Owner reserves the right to reject any or all bids and to waive formalities deemed to be in the City's best interest. 1 j • Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the schedule closing time for receiving bids. CONTRACTORS NAME P t r Off K.c a! -r,4 o 4 f r t ry� 66 CONTRACTORS LICENSE # 00E2S$ I D30:°i CONTACT PERSON TITLE ADDRESS TELEPHONE SIGNATURE: Laren -Eau IKnef 6heck Ne o,1 ejnnp 01(1 gel' X300 LtWQV\ RA 6pmrnAltiVe AR, l 1 FAx '7M -031(p -n31(p i`1/ All inclusive bids must be submitted no later than Oct. 9, 2002 at 2:00 p.m., to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas, 72701 in a sealed envelope marked 'HVAC MAKEUP AIR AT ANIMAL SHELTER" "Bid 02-41." Each bidder will be required to meet or exceed the specifications attached. Any deviation must be noted with specifications attached to bid. Questions should be directed to Larry Rennie, Facilities Maintenance, (479) 575-8363. 2 CERTIFICATE: 141/001/ 00476 E(M I DIYY) ACORQS CERTIFICATE tF LIABILITY INSUR!NCE DATE PRODUCER Rabzemen Insurance/SPD 4706 5. Thompson, Suite 101 THIS ONLY HOLDER. ALTER CERTIFICATE AND THE THIS CONFERS CERTIFICATE COVERAGE IS ISSUED NO AFFORDED AS A MATTER RIGHTS UPON DOES NOT BY THE OF INFORMATION THE CERTIFICATE AMEND, EXTEND OR POLICIES BELOW. Springdale AR 72764 COMPANIES AFFORDING COVERAGE (501) 756-1400 COMPANY A St. Paul Mercury Insurance Co. INSURED Airworks Division of Multi-Craft Contractors, Inc. COMPANY B National Surety Corporation P. 0. Box 1760 2300 Lowell Rd. COMPANY C St. Paul Fire 6 Marine Ins. Co Springdale, AR 72765-1760 COMPANY D COVERAGES.-' - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED,NOT W ITHSTANDINGANYREOUIREMENT,TERMOR CONDIT ON OF ANYCONTRACT OROTHERDOCUMENT W ITHRESPECTTO W HICHTHIS 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERALLIABLFTY KK09101654 9/01/02 9/01/03 GENERAL AGGREGATE S 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $ 2,000,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTORS PROT EACH OCCURRENCE $ 1,000,000 X Per Protect Limit FIRE DAMAGE (Any one fire) $ 100,000 X Contractual Liab. MED EXP (Any ono person) $ 10,000 A AUTOMOBILE LIABILITY KK09101654 9/01/02 9/01/03 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per parson) S SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) S X NON-OWNED AUTOS PROPERTY DAMAGE S GARAGE LIABLITY AUTO ONLY -EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S B EXCESS LIABLITY XYZ00075453290 9/01/02 9/01/03 EACH OCCURRENCE S 1,000,000 X UMBRELLA FORM AGGREGATE S 1,000,000 OTHER THAN UMBRELLA FORM S A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY RVK9101979 9/01/02 9/01/03 X WC STA UJ TORY LIMITS OTH- ER EL EACH ACCIDENT S 1,000,000 THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: J INCL EXCL EL DISEASE-POLICY LIMIT S 1,000,000 EL DISEASE-EA EMPLOYEE $ 1,000,000 C OTHER Instal lotion Floater Special Causes of Loss IM09102640 9/01/02 9/01/03 S50,000 per Job location 510,000 In transit 510,000 temporary storage site 51,000 deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PURPOSE OF CERTIFICATE: Insurance Information for BID for HVAC 6 Makeup Air Renovation at Fayetteville Animal Shelter BID 02-41 CERTIFICATE HOLDER City of Fayetteville Purchasing Office CANCELLATION -. -" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WEL ENDEAVOR TO MAL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Room 306 113 1. Mountain St. BUT FALURE TO MAL SUCH NOTICE SHALLIMPOSE NO OBLIGATION OR LIABLITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Fayetteville, AR 72701 AUTHO DR PR DATIVE Debbie Kelm ACORD 25.5 (1195) .. ' ©ACORD CORPORATION.1988 CERTIFICATE: 141/001/ 00476 • DESCRIPTION: HVAC & MAKEUP AIR ANIMAL SHELTER &o, i64, -8..z. 1 1 1 i r tI:a ur. r, a - altatt1Illar:lu c rut: wdtau;S: cn rt iva:» lurid.' UNITED STATES FIDELIS5.31:55UARANTY COMPANY BOND# 400SA8960 We ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Airworks Division of Multi -Craft Contractors, Inc., Springdale, Arkansas as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a coroporation organized and existing under the laws of the State of Maryland and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville Animal Shelter, Fayetteville, Arkansas as Obligee, hereinafter called Owner, in the amount of Twenty-five Thousand, Three Hundred Forty-five and 06/100 Dollars ($.25,34.5.06— ) for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated December 5, 2Q02 entered into a contract with Owner for HVAC & MAKEUP AIR RENOVATION AT FAYETTEVILLE ANIMAL SHELTER , which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas No suit, action or proceeding shall be brought on this bond except by the Owner, unless it is brought in accordance with A.C.A. Section 22-9-403 (b) and A.C.A. Section 18-44-503 (b) (Supp. 1987) as amended. No suit, action or proceeding shall be brought by the Owner after two years from the date on which final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forberance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this 5th day of December it)( 2002 Witness Airworks Division of Multi -Craft Contractors, Inc. By. UNITED ST .14 illP Rtntatt:917fffitRE:11AlItllR'17M1A M011ifiltt t /II'(t0.E: !.:r n By Principal 1 / /, D GUARANTY COMPANY Surety ebbie Kelm ' Attorney-in-fact 1'. ,r' iiA‘'1411' .://a irial49/Ai /Mittl`7IIIRW c t 1�@. 9, /1Q&-03-- . V111(4.Vhiffli -f =1110,111121t dY.'`Y1181:I9411111 ttifillIMMIII iI:•iYHWiVIIMAC ' INME.' IIDW'.iINIWAIDIEW:=11/ 1)1 UNITEDS�CTES FIDELI CO?�L We UARANTY COMPANY BOND# 400SA8960 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Airworks Division of Multi -Craft Contractors, Inc., Springdale, Arkansas as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a coroporation organized and existing under the laws of the State of Maryland and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville Animal Shelter, Fayetteville, Arkansas as Obligee, hereinafter called Owner, in the amount of Twenty-five Thousands Three Hundred, Forty-five and 06/100 Dollars ($ — ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated Decgrnbgr,, 2Q0? entered into a contract with Owner for HVAC & MAKEUP AIR RENOVATION AT FAYETTEVILLE ANIMAL SHELTER which contract is by reference made a part hereof, and is hereinafter referred•to as the Contract. THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner, unless it is brought in accordance with A.C.A. Section 22-9-403 (b) and A.C.A. Section 18-44-503 (b) (Supp. 1987) as amended. No suit, action or proceeding shall be brought by the Owner after two years from the date on which final payment under the Contract falls due. Any alteralions which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract or any other forberance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this 5th day of December( 2002 i I�. Witness Airworks Division of Multi -Craft Contractors, Inc. By Principal UNITED ST S FIDELITY D GUARANTY COMPANY Surety By ebbie Kelm Attorney-in-fact 71AMiR: IMIS;?1JA IRMIT10.0 MM Alit FARC VIIIMO ni O. • The StMuI POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company St. Paul Mercury Insurance Company Power of Attorney No. 22554 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 829487 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies„), and that the Companies do hereby make, constitute and appoint Fred Stone, Warren T. Baldwin, Jr., William Brookshire, Tabatha Moody, Debbie Kelm and Beth Richardson Springdale Arkansas of the City of State their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings ,rea ted orpe` need in any actions or proceedings allowed by law. WHEREOF, WITNESS WEREOF, the Companies have caused this ins ['to ffi1 nenSt 8sealetlahtA,A3Ld day of May 2001 t'ir Seaboard Surety Company \14QO lite States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance, • ompa (,Sr� at\) Fidelity and Guaranty Insurance Company St. Paul Guardian Insurancri0Zan411,0 c fic. Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Comp y> S 9•. nn da p:se State of Maryland City of Baltimore JOHN R PHINNEY, Vice President / /vt1 c . / tect THOMAS E. HUIBREGTSE, Assistant Secretary On this 23rd day of May 2001 before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary. respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. 86203 Rev. 7-2000 Printed in U.S.A. REBECCA EASLEY-ONOKALA. Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attomey issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, 1 hereunto set my hand this day of l car To verify the authenticity of this Power of Attorney, call /-800-4211 and rsPk+for dhe°we,r+oJ'Aey clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to whibt,the pope �s attachelj,_l - Q1� 4#'$tt Thomas E. Huibregtse, Assistant Se retary ACORDry CERTIFICATE Sulte 101 OF LIABILITY 4 INSUISNCE z MIDDRY) ;' PRODUCER Rebsaman Insuronea/SPO 4706 S. Thompson, Spr Ingdal• AR 72764 1501) 756-1400 THIS CERTIFICATE IS ONLY AND CONFERS HOLDER. THIS CERTIFICATE ALTER THE COVERAGE ISSUED AS A MATTER OF INFORMATION NO RIGHTS UPON THE CERTIFICATE DOES NOT AMEND, EXTEND OR AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A St. Paul Mercury Insurance Co. INSURED Airworks Division of Multi -Craft Contractors, Inc. P. 0. Box 1760 2300 Lowell Rd. Springdale, AR 72765-1760 I COMPANY B National Surety Corporation COMPANY C St. Paul Fire & Marine Ins. Co COMPANY D COVERAGES 'a.,,.». ' :,.," ..:.:.: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCELISTED BELO W HA VE BEENISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDINGANYREOUIREMENT,TERMORCONDIT ONOFANYCONTRACTOROTHERDOCUMENT WITHRESPECTTO WHICHTHIS 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMNOIYY) POLICY EXPIRATION DATE (MAMMY) LIMITS A GENERALLIABLITY COMMERCIAL GENERAL CLAIMS MADE & CONTRACTOR'S ProJeet Limit LIABILITY OCCUR PROT KK09101654 9/01/02 9/01/03 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS-COMP/OP AGO $ 2,000,000 X PERSONAL 8 ADV INJURY $ 1,000,000 OWNER'S Per EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE (Any one lire) $ 100,000 X Contractual Llab. MED EXP (Any one person) $ 10,000 A AUrOMOBLE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS KK09101654 9/01/02 9/01/03 COMBINED SINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE S. GARAGELIABLITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ B EXCESSLIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM XYZ00075453290 9/01/02 9/01/03 EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 $ A WORKERS COMPENSATION EMPLOYERS' LIABILITYTORY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND INCL EXCL WVK9101979 9/01/02 9/01/03 X WC START- LIMITS OTH-. ER EL EACH ACCIDENT $ 1,000,000 _ EL DISEASE -POLICY LIMIT $ 1,000,000 EL DISEASE -EA EMPLOYEE $ 1,000,000 C OTHER Installation Floater Special Causes of Loss IM09102640 9/01/02 9/01/03 S50,000 per Job Icoat i on 510,000 in transit 510,000 temporary storage sl to 51.000 deductible DESCRIPTION RE: HVAC OF OPERATIONSLOCATIONSIVEHICLESISPECIAL ITEMS 6 Makeup Air Renovation at Fayetteville Animal Shelter CERTIFICATE.HOLDER ACORD - - - City of Fayetteville Purchasing Office Room 306 113 W. Mountain St. Fayetteville, AR 72701 25.5 (.1/95) ' - CANCELLATION SHOULD EXPIRATION 10 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABLRY KIND UPON THE COMPA ITS AGENTS OR REPRESENTATIVES BUT FALURE OF ANY AIm10 D R BERT/ F "_/L/� - Debbie Kelm © ACORD. CORPORATION 1988..: ..... '. CERTIFICATE: 141/001/ 00476 • NOTICE TO BIDDERS Bid NO. 02-41 for HVAC & MAKEUP AIR ANIMAL SHELTER The City of Fayetteville, Arkansas, will receive proposals in Room 306, City Hall, 113 West Mountain Street, Fayetteville, 1 Arkansas until 2:00 p.m., October 9th, 2002, for the above listed item. Bid forms, specifications and terms and conditions may be obtained from Larry Rennie at the Building Maintenance Office located at 115 South Church. The City reserves the right to reject any and all proposals, and to waiveformalities deemed to be in the City's best interest. Contractors license and a 5% bid bond required if bids are $20,000.00 or more. Pursuant to Ark. 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." Peggy Vice Purchasing Manager City of Fayetteville, Arkansas HVAC & MAKEUP AIR RENOVATION AT FAYETTEVILLE ANIMAL SHELTER Bid 02-41 General Information and Specifications: The City of Fayetteville is accepting price proposals from bidders to provide materials and installation to modify existing ductwork to add a new five ton DX cooling coil, replace thermostat, add five ton condensing unit, 2000 CFM E.R.V. with ductwork and associated controls Proposals shall conform to the specifications attached. Contractors are encouraged to visit the site to verify site condition and accessibility before submitting. Proposals must conform to the following specifications and include appropriate evidence for each: 1. Bidder shall have a state of Arkansas Contractors License is bid proposal is over $20,000. 2. Bidder shall have workers' compensation as required by Arkansas State statutes. 3. Bidder shall have general liability insurance as required at a minimum of $500,000.00. A bid bond of 5% and a 100% performance/payment bond are required if bid proposal is over $20,000. The successful bidder will be responsible for providing the following: 1. Provide all labor, equipment, materials and supplies needed to complete the job as specified. 2. Remove and cleanup of all debris and construction materials after installation. 3. A $100.00 per day penalty shall be assessed for each day over the 30 day required delivery date. Any deviation must be noted with specifications attached to bid. 4. Bad weather days will be considered and allowed when appropriate. A $100.00 per day penalty shall be assessed for each day over the 30 day completion time. Installation may be performed on Monday through Friday. 5. Project will not be accepted until the City approves the work after construction. PROPOSAL FORM Total price for this project shall include installation, post construction cleanup, etc. and sales tax as regulated in Arkansas Department of Finance and Administration, GR -21 (Attached). Total Bid $ **************************************************************************** The Bidder understands the Owner reserves the right to reject any or all bids and to waive formalities deemed to be in the City's best interest. Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the schedule closing time for receiving bids. CONTRACTORS NAME CONTRACTORS LICENSE # CONTACT PERSON TITLE ADDRESS TELEPHONE FAX SIGNATURE: All inclusive bids must be submitted no later than Oct. 9, 2002 at 2:00 p.m., to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas, 72701 in a sealed envelope marked "HVAC MAKEUP AIR AT ANIMAL SHELTER" "Bid 02-41." Each bidder will be required to meet or exceed the specifications attached. Any deviation must be noted with specifications attached to bid. Questions should be directed to Larry Rennie, Facilities Maintenance, (479) 575-8363. CITY OF FAYETTEVILLE, ARKANSAS Terms and Conditions 1. All bids shall be submitted in a sealed envelope and must be submitted on forms provided by the City. 2 The item bid and the bid number shall be stated on the face of the sealed bid envelope 3. Bids received after the date and time set for receiving bids will not be considered. 4. The City reserves the right to accept or reject any or all bids, waive formalities in the bidding and make a bid award deemed to be in the best interest of the City. The City shall be able to purchase more or less than the quantity indicated subject to availability of funds. 5. The bid price shall remain good and firm until project is completed. 6. All products delivered shall comply with applicable standards of quality. 7. Any exceptions to the requirements of the City of Fayetteville must be noted on the Bid Form. 8. Prices shall include all labor, materials, overhead, profit, insurance, etc., to cover the furnishing of the items bid. Sales tax is not to be included in the bid price. Applicable Arkansas sales tax laws will apply to this bid, but will not be considered in award of the bid. 9. Each bidder shall state on the face of the bid form the anticipated number of days from the date of receipt of an order for delivery of equipment and installation to the City of Fayetteville. 10. Copy of the warranty shall accompany the bid, and any exceptions to the warranty shall be clearly noted on the bid form. 11. 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. 12. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. 13. 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 of bid. 14. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at (501) 575-8289 to insure receipt of their bid documents prior to opening time and date listed on the bid form. 15. If products and/or components other than those described in this bid document are proposed, the bidder must include complete descriptive literature and technical specifications All requests for additional information must be received within five working days following the request. 16. Bids must be hand delivered or received by mail in the Purchasing Office, Room 306, 113 W Mountain St. Fayetteville, AR 72701, on or before the time of closing listed on the face of the bid. *17. Public improvement bids with a total of $20,000 or more shall submit certificates of insurance within 10 days of notice of bid award. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet, the contractor shall require the subcontractor similarly to provide the same insurance coverage In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor 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. Workers' Compensation: Comprehensive General & Automotive Liability: Property Damage Liability: Statutory Amount $250,000 each person. $500,000 aggregate. $100,000 aggregate. *18. Public improvement bids with a total of $20,000 or more require a 5% bid bond and if awarded, a 100% performance and payment bond to be submitted before notice to proceed is given. *19. Public improvement bids exceeding $20,000 or more require a contractor's license. *20. The City shall pay Contractor based on unit prices indicated in contractor's bid proposal Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. *21. Contractor shall not assign his duties under the terms of this agreement. All work shall be coordinated directly with the Project Manager, or their designee. *Applies to construction public improvement projects only, unless otherwise noted. GR -21. PERSONS REQUIRED TO COLLECT AND REMIT TAX—SPECIFIC BUSINESSES --CONTRACTORS (Amended 1995, March 1998): A. DEFINITIONS 1. "Consumer" or "user" means the person to whom the taxable sale is made or to whom the taxable services are furnished. All contractors are deemed to be consumers or users of all tangible personal property including materials, supplies, and equipment used or consumed by them in performing any contract, and the sales of all such property to contractors are taxable sales. The contractor must pay tax at the time of purchase. 2. "Contract" means any agreement or undertaking to construct, manage or supervise the construction, erection, alteration or repair of any building or other improvement or structure affixed to real estate, including any of their component parts. The term "contract" shall not include the following: a. A contract to produce tangible personal property. b. A cost plus contract or any contract where the contractor has the right to pass any additional tax on to the principal as a part of the contractor's cost. 3. "Contractor" means any person who contracts or undertakes to construct, manage or supervise the construction, erection, alteration or repair of any building or other improvement or structure affixed to real estate, including any of their component parts. B. NON-TAXABLE SERVICES AND SALES. The following represents services which are not subject to sales tax: 1. The alteration, addition, cleaning [with exceptions noted in paragraph C(1)], refinishing, replacement, or repair of nonmechanical, passive or manually operated components of buildings or other improvements or structures affixed to real estate, including but not limited to the following: walls, floors, ceilings, doors, locks, windows, glass, heat and air ducts, roofs, wiring, breakers, breaker boxes, electrical switches and receptacles, light fixtures, pipes, plumbing fixtures fire and security alarms, intercoms, sprinkler systems, parking lots, fences, gates, fireplaces, and similar components which become a part of real estate after installation, are not taxable services. This means, generally, that services performed on non- mechanical components or fixtures within or on a building or other improvement to real estate are not taxable. 2. First-time installation of mechanical or electrical equipment into a building or other improvement to real estate is not a taxable service. For example, labor charges for the first-time installation of heating and air conditioning machinery and heating and air ducts into a building are not taxable. See paragraph D for tax liability on materials. 3. First-time installation of carpeting into a building or other improvement to real estate is not a taxable service. See paragraph D for tax liability on materials. C. TAXABLE SERVICES (See GR -9 for additional taxable services.) 1. The services enumerated in Ark. Code Ann. '26-52-301(3)(E) including the service of providing cleaning or janitorial work are taxable. The cleaning of the interior or exterior of any building or structure, including vents, ducts, windows, walls, ceilings, or floors, is a taxable service 2. The alteration, addition, cleaning, refinishing, replacement and repair of motors, electrical appliances, machines, and other mechanical items are taxable. For example, the repair or