HomeMy WebLinkAbout114-03 RESOLUTION• •
RESOLUTION NO.114-03
A RESOLUTION AWARDING BID #03-42 TO MULTI -CRAFT
CONTRACTORS, INC. IN THE AMOUNT OF ONE HUNDRED
THREE THOUSAND EIGHT HUNDRED EIGHTY-FIVE
DOLLARS ($103,885.00) TO INSTALL BACK-UP GENERATORS
AT EACH OF THE FAYETTEVILLE FIRE DEPARTMENT'S FIVE
FACILITIES; AND APPROVING A PROJECT CONTINGENCY IN
THE AMOUNT OF TEN THOUSAND THREE HUNDRED
EIGHTY-NINE DOLLARS ($10,389.00) FOR SAME.
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 #03-42 to Multi -Craft Contractors, Inc. in the amount of One
Hundred Three Thousand Eight Hundred Eighty -Five Dollars ($103,885.00) to
install back-up generators at each of the Fayetteville Fire Department's five
facilities.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a Project Contingency in the amount of Ten Thousand Three
Hundred Eighty -Nine Dollars (510,389.00) for same.
PASSED and APPROVED this 5th day of August, 2003.
By: 4a..la..i /hulk'
SONDRA SMITH, City Clerk
APPROVE
By
DAN COODY, May
CONTRACT
THIS AGREEMENT, made and entered into the 5th day of August, 2003, by and between the City of
Fayetteville, County of Washington, State of Arkansas, and
Multi -Craft Contractors, Ind., hereinafter called the Contractor.
WITNESSETH THAT:
WHEREAS, the City of Fayetteville has called for bids for installation of generators and related
electrical in Fire Stations 1, 2, 4, 5 & 6, as set out in the Plans and Specifications and approved by
the City of Fayetteville, Arkansas; and
WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the
Contractor is the lowest and best qualified bidder for the construction of said Improvements;
NOW THEREFORE, the Contractor agrees with the City of Fayetteville to commence and complete
the construction of:
Bid No. 03-42 which shall be the installation of generators and related electrical in Fire Stations
#1, 2, 4, 5 & 6 for The City of Fayetteville, Arkansas, in accordance with the bid schedule, plan
drawings, the contract documents including the project specifications, including all Work
required for a complete and acceptable installation, for the unit and lump sum prices bid in the
Bid Proposal, all of which become and are a part of this Contract, the total sum thus being
One Hundred Three Thousand, Eight Hundred, Eighty Five Dollars
($ 103,885.00 ), such sum being the agreed amount upon which bonds and liabilities are based,
and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment,
tools, supervision, bonds, insurance and other accessories and services necessary to complete
the said construction in accordance with the conditions and prices stated in the Bid attached
hereto and made a part hereof, and in accordance with the Technical Specifications, the General
Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all
blueprints, and other drawings, and written or printed explanatory matter thereof.
The Contractor agrees to commence work under this contract within ten days of the issuance of
the Notice to Proceed and totally complete all work within thirty (30) calendar days.
The City of Fayetteville agrees to pay the Contractor in current funds for the performance of the
contract in accordance with the accepted Bid, subject to additions and deductions, as provided in
the Specifications, and to make payment on account thereof as provided below.
As soon as is practicable after completion of each station, and in accordance with the bid
Specifications, the City of Fayetteville will make payments to the Contractor for work performed ,
based upon the project manager's approval of work completed, said invoice being certified by the
Contractor and accepted by the City of Fayetteville. Retainage shall be withheld from the partial
payments as provided by Arkansas state laws by the City of Fayetteville until final completion and
acceptance by the City of Fayetteville.
Time is hereby expressly declared to be of the essence of this contract, and the time of beginning,
manner of progress and time of completion of the work hereunder shall be and are essential
conditions hereof.
The Contractor agrees to commence work within ten (10) calendar days from the date of the
1
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Notice to Proceed and to proceed with the construction of the work and to prosecute the work
with an adequate force and in a manner so as to complete the work within the time stipulated
herein. If the Contractor fails in completing the contract within the time stipulated herein, the
Contractor agrees to pay the City of Fayetteville, as liquidated damages the sum of one hundred
dollars ($100.00) per day for each calendar day of delay In completion, said amounts being fixed
and agreed upon by and between the parties hereto. Because of the Impracticability and extreme
difficulty In fixing and ascertaining the actual damages City of Fayetteville would in such event
sustain, said amounts are to be presumed by the parties to this contract to be the amounts of
damage City of Fayetteville would sustain in related costs. Said amounts of liquidated damages
shall be deductible from any amount due Contractor under the Final Estimate of said work, after
the completion thereof, and Contractor shall be entitled to the Final Estimate less such amounts
of liquidated damages.
If the Contractor be delayed at any time in the progress of the work by any act or neglect of the
City of Fayetteville or of the City of Fayetteville's employees, or by any other Contractor employed
by the City of Fayetteville, or by changes ordered in the work, or by strikes, lockouts, fire, unusual
delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or
by any cause which the Project Manager shall decide to justify the delay, then the time of
completion shall be extended for such reasonable time as the Project Manager may decide.
No such extension shall be made for delay occurring more than seven days before claim therefor
is made in writing to the Project Manager. In the case of a continuing cause for delay, only one
claim Is necessary.
In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue
the work after ten (10) days written notice, given Contractor by the City of Fayetteville, then the
City of Fayetteville shall have the option of 1) declaring this contract at an end, in which event the
City of Fayetteville shall not be liable to the Contractor for any work theretofore performed, or 2)
requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of
Contractor; and in that event, should the surety fall, neglect or refuse to carry out said contract, 3)
said City of Fayetteville may complete the contract as its own expense and maintain an action
against the Contractor and the surety hereto for the actual cost of same, together with any
damages or other expense sustained or incurred by City of Fayetteville In completing this
contract, less the total amount provided for hereunder to be paid Contractor upon the completion
of this contract.
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.
The contractor shall ensure that the City of Fayetteville receives Tien waivers from all material
suppliers, subcontractors and sub -subcontractors and before work begins on the project. The
contractor shall give written notice to the material supplie4rs, subcontractors and sub -
subcontractors providing work on the project that states the following: "According to Arkansas
Law, It Is understood that no liens can be filed against public property If a valid and enforceable
payment and performance bond is in place. The contractor shall have each subcontractor, sub -
subcontractor and material supplier execute a written receipt evidencing acknowledgment of this
statement prior to commencement of the work of the subcontractor, sub -subcontractor or material
supplier.
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 cost pursuant to the FOIA may be assessed
for this compliance."
2
• •
Contractor shall hold harmless, defend and indemnify the City from any and all claims, actions, suits,
charges and judgments whatsoever that arise out of performance or nonperformance of the services or
subject matter called for in this contract, provided that nothing herein shall be construed to alter, limit or •
otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes
of the State of Arkansas.
This contract shall be binding upon the heirs, representatives, successors or assigns of the
parties hereto, including the surety.
IN WITNESS WHEREOF, the City of Fayetteville and Contractor have hereto set their hands and
seals, respectively.
Wit
if corporation, secretary should attest.
Sondra Smith, City Clerk
End of Contract
Multi -Craft Contractors, Inc.
Firm Name
By:
Title of Authorized Person
CITY OF FAYETTEVILLE, ARKANSAS
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•
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PROPOSAL FORM
Total price for this project shall include installation, post construction cleanup, etc.
1. Fire Station No. 1 $ 30,105.00
2. Fire Station No. 4 $ 19,470.00
3. Fire Station No. 6 $ 17, 320.00
4. Fire Station No. 2 $ 17,910.00
5. Fire Station No. 5 $ 19,080.00
Total Bid — All Stations $ 103, 885.00
Deductive Alternates:
6. Deduct Fire Station No. 2
$ 17,910.00
Deduct Fire Station No. 5 $ 19,080.00
***********************************• *************• ******1141.• lit* • 111************•••• *** • *********• *****************
&£ I__*«.....«..«.***-,* «4 *****..»+.««...««««..«.».44444414«.».....«..»....»..«.+«.«.«.
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 sixty (60)
calendar days after the scheduled closing time for receiving bids.
CONTRACTORS NAME
CONTRACTORS LICENSE #
CONTACT PERSON
TITLE
Multi -Craft Contractor& Inc.
0025810304
Dennis Kelly
Executive Vice President
2
ADDRESS
TELEPHONE
SIGNATURE.
• •
2300 Lowell Road, 72764
P.O. Box 1760
Springdale, AR 72765-1760
479-751-4330
FAX 479-751-4399
All inclusive bids must be submitted no later than June 25th, 2003 at or before 11:00 a.m., to the
City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville,
Arkansas, 72701 in a sealed envelope marked 'Fire Station Generators' "Bid 0342." Each bidder
will be required to meet or exceed the specifications. Any deviation must be noted with
specifications attached to bid. Questions should be directed to Larry Rennie, Building
Maintenance, (479) 575-8361.
3
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AGENDA REQUEST
Y CONTRACT REVIEW
GRANT REVIEW
MICROFILMED
REVIEW FORM - FINANCIAL OBLIGATION
For the Fayetteville City Council Meeting of:
6LD
00/
4//i-4' 67i/yuck!
CO / ' CDL
PCIA-1163
FROM:
Laity Rennie Building Services
Name Division
FISD
Department
ACTION REQUIRED: Change Order tl -
which were listed
Change Order 02 - Add
2003. Change location
2003.
Omit all work called for on fire
stations 02 and 05
as deductive alternates on the
a wood screen at station t6 per revised drawings dated Oct. 2,
of generator set at station tl per revised drawings dated Oct. 2,
bid form.
COST TO CITY:
($36,145.00)
$168,188.00 Emergency Gas Generators
Cost of this request Category/Project Budget
4470.9470.5801.00
Program Category / Project Name
$115,337.50 Fire Safety Improvements
Account Number Funds Used to Date
Program / Project Category Name
03002 $52,850.50 Sales Tax/Capitol Improvements
Project Number Remaining Balance
Fund Name
BUDGET REVIEW:
Budget Managrr
CONTRACT/GRANT/LEASE REVIEW:
XBudgeted Item
/a 9/'t
Date
Budget Adjustment Attached
�ia,1sl t "1 /01 /03
Acc ting Manager Date
•
City Attor
y
CUA W# A %0(31 103
ST71 RECO* *DATION:
Division Head
Department Director
Finance & Internal Services Dir.
Chief A�istra[ive Officer
Mayor
io-c$V.o3
Date
Date
Date
Date
ate
Received in Mayor's Office
Cross Reference:
Previous Ord/Resp:
Orig. Contract Date:
Orig. Contract Number:
New Item:
i(4-03
Date
i0/31 !O3
Date
///34 3 ,rt,
Date
Slslo3
Description
411
Staff Review Form - Page 2 •
Meeting Date January 0, 1900
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
FAYETTEALLE
THE CITY OF FAYETTEVIIIE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Steve Davis, Finance And Internal Services Director
Coy Hurd, Bldg Services Director And Project Manager
Larry Rennie, Bldg Services Supervisor
November 3, 2003
Fire Station Generator Change Orders
CHANGE ORDER #1: The City decided to exercise the deductive alternates on the bid
form deleting stations #2 & #5. Station #2 can be covered from Central Fire Station and
station #5 is scheduled to be replaced. The voltage requirements for #2 & #5 are
different than the other stations and would make them obsolete in the future.
CHANGE ORDER #2: Station #4 — Add a privacy screen per planning. Station #1 —
Relocate generator due to set -back per planning.
•
• •
CHANGE ORDER
(Instructions on reverse side)
No One (1)
PROJECT Fayetteville Fire Station Generators
DATE OF ISSUANCE 9-18-03 EFFECTIVE DATE 9-1 9-03
OWNER...C.i.tY....o.f..F..Y.etten ,1A,P
OWNER's Contract No.
PO#033220
CONTRACTOR Multi -Graft ContractoIINGINEER Green Anderson En9r.,
Inc.
You are directed to make the following changes in the Contract Documents.
Description:Omit all work called for on fire stations
listed as deductive alternates on the bid form.
r3ReasonforChange1tOrder: tThe City of Fayetteville desires
*eductive (List documentssupportingchange)N/A
#2 and #5 which were
to exercise the
•
Original Contract
s 103a885
CHANGE IN CONTRACT PRICE:
Price
Original
Substantial
Ready
CHANGE IN CONTRACT TIMES:
Contract Times
Completion•
for final payment:
day. ordun
Net changes from previous
S None
Change Orders No. to No.
Net
change from previous Change Orders No. to No
_ _
_ _
None
days
Contract Price prior to this Change Order
1 0 3, 88 5
$
Contract
Substantial
Ready
Times prior to this Change Order
Completion
for final payment
days n dun
Net Increase (decrease) of
S (36,990)
this Change Order
Net
Increase (decrease) of this Change Order
No changes
days
Contract Price with all approved Change Orders
66 , 895
S
Contract
Substantial
Ready
Times with all approved Change Orders
Completion:
for final payment
day, a dun
RECOMMENDED:
By.
Date: /O' )s' ei
APPRO D
By
.lomat Qi/les•ed
Date:
Ownrr not •T: slow
/0/2 a3
ACCEPTED:
By: \(1YYVN./A
ceet,rww a 41wa1
Date: /D—d/-05
EJCDC No. 1910 -S -B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America
CHANGE ORDER
TWO ( 2 )
(Instructions on reverse side) No
PROJECT..F.ayette.fl.e..Fir.e..$tat.ion Generators
DATE OF ISSUANCE 10-1 4-03 EFFECTIVE DATE
10-15-03
OWNER City of Fayetteville
OWNER's Contract No.
PO# 033220
CONTRACTOR Multi -Craft ContractortNGINEER Green Anderson Engr.r Inc
You are directed to make the following changes in the Contract Documents.
Description: Add a wood screen at Station /14 per revised drawings dated
Oct.2, 2003. Change location of generator set at Station #1 per revised
Reason for Change Order: drawings dated Oct.2, 2003
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE:
Original Contract Price
103,885
CHANGE IN CONTRACT TIMES:
Original Contract Times
Substantial Completion:
Ready for final payment•
days a dues
Net changes from previous Change Orders No. to No
436,990)
Net change from previous Change Orders No. _ to No
none
Contract Price prior to this Change Order
66,895.
$
Contract Times prior to this Change Order
Substantial Completion.
Ready for final payment.
daysa lova
Net Increase (decrease) of this Change Order
S 845.
Net Increase (decrease) of this Change Order
no changes
days
Contract Price with all approved Change Orders
S 67,740
Contract Times with all approved Change Orders
Substantial Completion -
Ready for final payment.
days a dues
RE f (ENDED: APPROy�: lf�n ACCEED:
By. PI•�/1(/1/L4
Bowater tAWnrie nitro owermiahaimdsf u l Canincrormaorimd
Date: /D- l 4- • 03 Date: /G /a)3 Date'
/0-1)'03
ure)
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America
•
• •
CHANGE ORDER
(Instructions on reverse side)
No One (1)
PROJECT Fayetteville Fire Station Generators
DATE OF ISSUANCE 9-18-03 EFFECTIVE DATE 9=1 9-03
OWNER...C.1.ty..Qt..F..Y.6.tte.V.l.l,le
OWNER's Contract No. POp033220
CONTRACTOR Multi -Graft ContractolENGINEER Green Anderson En9r., Inc.
You are directed to make the following changes in the Contract Documents.
Description: Omit all work called for on fire stations
listed as deductive alternates on the bid form.
Reason for Change Order: The City of Fayetteville desires to
#2 and #5 which
Utac�iments: `Let Joecumenis supporting change)/
exercise the
were
CHANGE IN CONTRACT PRICE:
Original Contract Price
S 103.885
CHANGE IN CONTRACT TIMES:
Original Contract Times
Substantial Completion:
Ready for final payment
days w dam
Net changes from previous Change Orders No. _ to No.
$ None
Net change from previous Change Orden No.
None
to No
days
Contract Price prior to this Change Order
S 103,885
Contract Times prior to this Change Order
Substantial Completion:
Ready for final payment
days w darn
Net Increase (decrease) of this Change Order
$ (36,990)
Net Increase (decrease) of this Change Order
No changes
days
Contract Price with all approved Change Orden
66,895
S
Contract Times with all approved Change Orders
Substantial Completion:
Ready for final payment:
days of than
RECOMMENDED:
By < f yVt,w"
(AwMtrN S®wwc)
Date:
j3,1S• 03
Date: JO 1 07.3
(
Date /0 -al -05
EJCDC No. I910 -8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
•
•
• •
CHANGE ORDER
(Instructions on reverse side) No
TWO (2)
PROJECT..F.dyet,teNi1Le..F.i.r.e..$tdtion Generators
DATE OF ISSUANCE 1 0-1 4-03
EFFECTIVE DATE 10-15-03
OWNER City of Fayetteville
OWNER's Contract No. PON 033220
CONTRACTOR Multi -Craft ContractortNGINEER Green Anderson En9r. f Inc
You are directed to make the following changes in the Contract Documents.
Description: Add a wood screen at Station #4 per revised drawings dated
Oct.2, 2003. Change location of generator set at Station N1 per revised
Reason for Change Order: drawings dated Oct.2, 2003
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE:
Original Contract Bice
103,885
CHANGE IN CONTRACT TIMES:
Original Contract Times
Substantial Completion -
Ready for final payment.
&nova[&
Net changes from previous Change Orden No. 1
436,990)
to No.
Net change from previous Change Orden No. _ to No
none
an
Contract Price prior to this Change Order
66,895.
$
Contract Times prior to this Change Order
Substantial Completion.
Ready for final payment.
&novena
Net Increase (decrease) of this Change Order
S 845.
Net increase (decrease) of this Change Order
no changes
en
Contract Price with all approved Change Orden
S 67,740
Contract Times with all approved Change Orden
Substantial Completion:
Ready for final payment.
&n or dales
REta'• ENDED: c APPR
�.,./
. A
('ip�uwU - Orrcr (Auiho iced
Date
8
/0-)+-o3
Date: /6 7g/3
ACCEPTED•
By /IUl[sa
Cmnrcwr (Authorized re
Date
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractor of America.
FAYETTALLE
THE CITY OF FATETTEVIltE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Larry Rennie
Building Services
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: November 4, 2003
Re: Multi -Craft Contractors
Attached please find an executed copy of Change Order No. 1 and 2 for work at the various fire
stations. The original agreement will be recorded in the city clerk's office and microfilmed.
If anything else is needed please let the city clerk's office know.
/cbp
cc: Nancy Smith, Internal Auditor
NAME OF FILE: Resolution No. 114-03 w/Agreement
CROSS REFERENCE:
Item #
Date
Document
•
1
07/17/03
Staff Review Form w/attachments
draft resolution
memo to City Council
copy of bid tabulation
copy of proposed contract
Arkansas Statutory Performance 8 Payment Bond
Power of Attomey
2
08/11/03
memo to Chris Bosch
NOTES:
Al-e-cen-0 4- antaticktiat tezdotAtzt,
,n e ,1
0111 STAFIREVIEW FORM - FINANCIAL OBLIGAI
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: August5,2003
FROM:
Chris Bosch, Fire Chief Fire Operations Fire
Name
Division Department
ACTION REQUIRED: A resolution approving the bid proposal in the sum of $103,885, plus a 10% contingency
for the installation of back-up power generators for each of the Fire Department's five facilities. Total cost of this
project, including contingency, will be $114,274.
COST TO CITY:
$103,885 Project Cost
$10,389 Project Cont.
Cost of this request
192,000.00 Emergency Gas Generators
Category/Project Budget Program Category / Project Name
4470-9470-5801-00 $ 11,550.00 Fire Improvements
Account Number
Funds Used to Date Program / Project Category Name
03002 $ 180,450.00 Sales Tax Capital
Project Number
Remaining Balance Fund Name
BUDGET REVIEW:
X Budgeted Item Budget Adjustment Attached
udget Manager Date
CONTRACT/GRANT/LEASE REVIEW:
a_ �/"{,1`f_ 7/l F/G3 U I ru t 1� 7/1Y103
Accounting Manager / Date Internal H itor Date
City Att rney Date Purchasing Manager Date
STAFF RECOMMENDATION:
Staff recommends approval of the resolution.
Received in Mayor's Office
Division Head
l
Department D1 rector
Finance
Internal
Services Dir.
Date
7/0103
Date
7-21-O}
Date
Chie
ve Officer
Mayor
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
7/2/42
Date /
Yes
No
• •
Staff Review Form - Page 2
Description Fire Dept.Emergency Gas Generators
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
Meeting Date August 5, 2003
Reference Comments:
• •
RESOLUTION NO.
A RESOLUTION AWARDING BID #03-42 TO MULTI -CRAFT
CONTRACTORS, INC. IN THE AMOUNT OF ONE HUNDRED
THREE THOUSAND EIGHT HUNDRED EIGHTY-FIVE
DOLLARS (S103,885.00) TO INSTALL BACK-UP GENERATORS
AT EACH OF THE FAYETTEVILLE FIRE DEPARTMENT'S FIVE
FACILITIES; AND APPROVING A PROJECT CONTINGENCY IN
THE AMOUNT OF TEN THOUSAND THREE HUNDRED
EIGHTY-NINE DOLLARS ($10,389.00) FOR SAME.
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 #0342 to Multi -Craft Contractors, Inc. in the amount of One
Hundred Three Thousand Eight Hundred Eighty -Five Dollars ($103,885.00) to
install back-up generators at each of the Fayetteville Fire Department's five
facilities.
Section 2. That the City Council of the City of Fayette
hereby approves a Project Contingency in the amount o£
Hundred Eighty -Nine Dollars ($10,389.00) for same. rot
PASSED and APPROVED this 5th day of Augist, 2003
to ROVED
it
�y�
.1
rk4nsas,
sand hree
ATT
By
A SMITH, City Clerk
B�.
cam' COODY, Mayor
From the Desk of the Fire Chief
Memo
To: Dan Goody, Mayor
Fayetteville City Council
From: Chris Bosch, Fire Chief
CC: Hugh Earnest, CAO
Date: July 1, 2003
Re: Bads -Up Power Generators
Background
In the 2003 budget the Fire Department requested funding for the installation of back-
up power generators for each of our facilities. In the event of a power failure these
generators will allow our agency to continue to provide emergency service during
both natural and man-made disaster.
This need for these auxiliary power sources was brought to our attention during the
recent ice storm which caused extensive damage to the region. As you will recall,
during that time areas of the City were without power for several days. Unfortunately
due to this lack of power several of our Fire Department facilities were also without
power. This loss of power made it extremely difficult for our units to enter and exit the
stations and therefore placed constraints on our ability to assist those citizens who
needed our help. Further, a lack of power at each Fire Station inhibited our ability to
provide shelter for our citizens, if necessary.
Often times, during this type of crisis, the Fire Department is one of the first agencies
called upon to assist citizens. Without back-up power generators we are unable to
raise and lower our apparatus doors, which inhibits our ability to provide service.
Further, without power our units are unable to receive calls for service from the
Central Dispatching Center.
Current Situation
In June 2003 the Fire Department, in conjunction with the Building Maintenance
Division and the Purchasing Office, posted bid specifications for the installation of
natural gas powered back-up power generators for each of the five fire stations. The
bid process closed on June 25, 2003 with the receipt of three bids. One of the bids
did not include the required bid bond and subsequently was rejected.
The remaining two bids came in well under the amount budgeted for this project.
The original budget for this project was estimated to be $180,000 for all facilities;
however, the two remaining bids were returned with prices of $159,810 and
$103,885 respectively.
After a careful review of the bid proposals we believe the bid for $103,885, which was
submitted by Muth -Craft Contractors, Inc. presents the most reasonable cost.
Further we believe the City has experienced success in working with Multi -Craft
Contractors, Inc. on past projects.
Recommendation
Given these facts it is my recommendation that Council approve the attached agenda
request allowing Mufti -Craft Contractors, Inc. to proceed with the installation of these
much needed generators, for the sum of $103,885. Further, it is my recommendation
that Council approve a 10% contingency for this project, in the sum of $10,389, which
will ensure successful completion.
If you have any questions regarding this process I will be happy to provide any follow-
up information at your convenience.
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PROPOSAL FORM
Total price for this project shall include installation, post construction cleanup, etc.
1. FireStation No. 1 $ 30,105.00
2. FireStation No. 4 $ 19,470.00
3. Fire Station No. 6
4. Fire Station No. 2
5. Fire Station No. 5
Total Bid - All Stations
Deductive Alternates:
$ 17,320,00
$ 17.910.00
$ 19,080.00
$103,885.00
6. Deduct Fire Station No. 2 $ 17,910.00
7. Deduct FireStation No. 5 $ 19,080.00
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 sixty (60)
calendar days
after the
scheduled closing time for
receiving bids.
CONTRACTORS NAME Multi -Craft Contractors, Inc.
CONTRACTORS LICENSE # 0025810304
CONTACT PERSON Dennis Kelly
TITLE Executive Vice President
7
ADDRESS 2300 Lowell Road, 72764
P.O. Box 1760
Springdale, AR 72765-1760
TELEPHONE 479-751-4330 FAX 479-751-4399
SIGNATURE: Uu 1� �eC ( cC V.
All inclusive bids must be submitted no later than June 25th, 2003 at or before 11:00 a.m., to the
City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville,
Arkansas, 72701 in a sealed envelope marked Fire Station Generators' Bid 03-42.' Each bidder
will be required to meet or exceed the specifications. Any deviation must be noted with
specifications attached to bid. Questions should be directed to Larry Rennie, Building
Maintenance, (479) 575-8361.
3
•
PROPOSAL FORM
Total price for this project shall include installation, post construction cleanup, etc.
1.
Fire
Station No.
1
$
4 7
389.00
2.
Fire
Station No.
4
$_30,372.00
3.
Fire
Station No.
6
$
29.480.00
4.
Fire
Station No.
2
$25,920.00
5.
Fire
Station No.
5
$
26.649.00
Total Bid
-All
Stations
$
159,810.00
Deductive Alternates:
6. Deduct Fire Station No. 2 $ 25,920.00
7. Deduct Fire Station No. 5 $ 26,649.00
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 sixty (60)
calendar days after the scheduled closing time for receiving bids.
CONTRACTORS
NAME
Neal
Hefner Construction, Inc.
CONTRACTORS
LICENSE #
001
2630404
CONTACT PERSON Neal Hefner or ary Fi Chian
TITLE Presidpnr I Proj Ma ag.er
2
ADDRESS 2308 Turner. Suite I
Springdale, AR 72764
TELEPHONE (479) 756-5602 FAX(479) 750-0865
SIGNATURE:
All inclusive bids must be submitted no later than June 25th, 2003 at or before 11:00 a.m., to the
City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville,
Arkansas, 72701 in a sealed envelope marked "Fire Station Generators" "Bid 03-42." Each bidder
will be required to meet or exceed the specifications. Any deviation must be noted with
specifications attached to bid. Questions should be directed to Larry Rennie, Building
Maintenance, (479) 575-8361.
This contract will be substituted for an original with a signature from the contractor
before the agenda session.
CONTRACT
THIS AGREEMENT, made and entered into the — day of , 2003, by and between the City of Fayetteville, County
of Washington, State of Arkansas, and
. hereinafter called the Contractor.
WITNESSETH THAT
WHEREAS, the City of Fayetteville has called for bids for installation of generators and related electrical in Fire Stations
1, 2, 4, 5 & 6, as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and
WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and
best qualified bidder for the construction of said Improvements;
NOW THEREFORE, the Contractor agrees with the City of Fayetteville to commence and complete the construction of:
Bid No. 03-42 which shall be the installation of generators and related electrical in Fire Stations #1,2,4,5 & 6 for The
City of Fayetteville, Arkansas, in accordance with the bid schedule, plan drawings, the contract documents including the
project specifications, including all Work required for a complete and acceptable installation, for the unit and lump sum
prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being
Dollars
words
( S ), such sum being the agreed amount upon which bonds and liabilities are based,
and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds,
insurance and other accessories and services necessary to complete the said construction in accordance with the
conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical
Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include
all blueprints, and other drawings, and written or printed explanatory matter thereof.
The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and
totally complete all work within sixty (60) calendar days.
The City of Fayetteville agrees to pay the Contractor in current funds for the performance of the contract in accordance
with the accepted Bid, subject to additions and deductions, as provided in the Specifications, and to make payment on
account thereof as provided below.
As soon as is practicable after completion of each station, and in accordance with the bid Specifications, the City of
Fayetteville will make payments to the Contractor for work performed , based upon the project manager's approval of
work completed, said invoice being certified by the Contractor and accepted by the City of Fayetteville. Retainage shall
be withheld from the partial payments as provided by Arkansas state laws by the City of Fayetteville until final
completion and acceptance by the City of Fayetteville.
Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and
time of completion of the work hereunder shall be and are essential conditions hereof.
The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to
proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to
complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time
stipulated herein, the Contractor agrees to pay the City of Fayetteville, as liquidated damages the sum of one hundred
dollars ($100.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and
between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual
damages City of Fayetteville would in such event sustain, said amounts are to be presumed by the panics to this contract
to be the amounts of damage City of Fayetteville would sustain in related costs. Said amounts of liquidated damages
shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof,
and Contractor shall be entitled to the Final Estimate less such amounts of liquidated damages.
If the Contractor be delayed at any time in the progress of the work by any act or neglect of the City of Fayetteville or of
the City of Fayetteville's employees, or by any other Contractor employed by the City of Fayetteville, or by changes
ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes
beyond the Contractor's control, or by any cause which the Project Manager shall decide to justify the delay, then the time
of completion shall be extended for such reasonable time as the Project Manager may decide.
No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the
Project Manager. In the case of a continuing cause for delay, only one claim is necessary.
In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10)
days written notice, given Contractor by the City of Fayetteville, then the City of Fayetteville shall have the option of 1)
declaring this contract at an end, in which event the City of Fayetteville shall not be liable to the Contractor for any work
theretofore performed, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract
of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said City of
Fayetteville may complete the contract as its own expense and maintain an action against the Contractor and the surety
hereto for the actual cost of same, together with any damages or other expense sustained or incurred by City of
Fayetteville in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the
completion of this contract.
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.
The contractor shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors
and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material
supplie4rs, subcontractors and sub -subcontractors providing work on the project that states the following: "According to
Arkansas Law, it is understood that no liens can be filed against public property if a valid and enforceable payment and
performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with
The contractor shall have each subcontractor, sub -subcontractor and material supplier
execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the
subcontractor, sub -subcontractor or material supplier.
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 cost pursuant to the FOIA may be
assessed for this compliance."
Contractor shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and
judgments whatsoever that arise out of performance or nonperformance of the services or subject matter called for in this
contract, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded
the City of Fayetteville under the Constitution and Statutes of the State of Arkansas.
This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the
surety.
IN WITNESS WHEREOF, the City of Fayetteville and Contractor have hereto set their hands and seals, respectively.
Firm Name
By:
Title of Authorized Person
Witness•
•If corporation, secretary should attest.
CITY OF FAYETTEVILLE, ARKANSAS
Dan Coody, Mayor
Attest:
Sondra Smith, City Clerk
End of Contract
ON
M, . H' inn 1+
/J'/-03
UNITED STATES FIDELI UARANTY COMPANY
BOND# 400SA8967
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
Multi Craft Contractors, Inc.
We. .. .. . ._ _.. . ............_ ............
as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a
coroporation o•ganized and existing undo' the laws of the Slain 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
-�
as Obliooe, hereinafter called Owner. in the amount of.. _. _......... _... _. _...................... .....
•'
One, hundred Three Thousand, Eight Hundred,: Eighty Five 8Np/1.00
_,.
Dollars is 103.885.00 j, tot the payment whereof Pnncrpal and Surety bind themselves. their heirs,
personal representatives. successors and assigns. jointly and severally, firmly by these presents.
Principal has by written agreement dated ..August,k 2003 .. entered into a contract
i
with Owner for
Fire Station Generators #03-42
. which contract is by reference made a part hereof, and is
hereinafter relented to as the Contract.
ii
THE CONDITION OF THIS OBLIGATION is such that it the Principal shag 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 It the Principal shall pay all
persons all indehiednoss Inn latwr ur materials furnished or performed under said Contract, tolling 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) (Stipp. 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
i
the giving by the Owner of any extension of time for the performance of the Contract, or any other forberance
en the part of either the Owner or the Principal to the other shelf not in any way release the Principal and
the Surety or Sureties, or either or any OI 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.
•a
In no event shall the aggregate liability of the Surety exceed the sum set out herein.
..'_
Executed on this 8th _day of. .Septe.mber.. 2003 . ......,
Mul raft Contra ors, Inc. ......................
'
By ...................... ............ ..
UNITED ST TES FIDEv AND UARANTY COMPANY
Surety
�'1'�i
Witness Mario Ali a Sumlin By
Tabatha Moody Attorneyin•fact
,
S(yp, St. Paul Fire and Marbr Insurance Company United Sutra Fidelity and Gaaranty Company
FOUre ty SI. Paul Guardian Insurance Company Fidelity .ad Goanncy Insurance Company
St Paul Mercury Insurance Company Fidelity and Guaranty Insurance Undarwriien, Inc.
Seaboard Surety Company SI. Paul Medical Liability Insunuce Company
Bond No. 400SA8967
RIDER CONTAINING
DISCLOSURE NOTICE OFTERRORISM COVERAGE
This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the
"Act"). No action is required on your part. This Disclosure Notice is incorporated in
and a part of the attached bond, and is effective the date of the bond.
You should know that, effective November 26, 2002, any losses covered by the
attached bond that are caused by certified acts of terrorism would be partially
reimbursed by the United States under a formula established by the Act. Under this
formula, the United States reimburses 90% of covered terrorism losses exceeding
the statutorily established deductible paid by the insurance company providing the
coverage.
Under the Act, there is a cap on our liability to pay for covered terrorism losses if the
aggregate amount of insured losses under the Act exceeds $100,000,000,000 during
the applicable period for all insureds and all insurers combined. In that case, we will
not be liable for the payment of any amount which exceeds that aggregate amount of
$100,000,000,000.
The portion of your premium that is attributable to coverage for acts of terrorism is
0.00.
IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO
CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY.
e
TheStmuI
Power of Attorney No.
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
22554
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters. Inc.
829524
Certificate No.
KNOW ALI. :MEN Bl' THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. and that
Si, Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company arc 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
Undcrwrilen. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collecilvely tailed the 'CompaniesI. 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
of the City of _. .. _ . State . their true and lawful Attorney(s)-in-Fact.
each in their separate capacity if more than tine is named above. m 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 an behalf of (he Companies in their business of guaranteeing the fidelity of persons. guaranteeing the
performance of contracts and executing or guaranteeing hoods and undertakingst reaed or permitted in any actions or proceedings allowed by law.
'NF 2\ v IS 23rd May 2001
IN WITNESS WHEREOF, the Companies have caused this instrumen tu• tgn�`t sealed% l day nl
Seaboard Surely Company ``� United Slates Fidelity and Guaranty Company
St. Paul Fire and Marine Insuraric4Companj ♦ Fidelity and Guaranty Insurance Company
St. Paul Guardian InsurancSCampany,�r ',(` �`• Fidelity and Guaranty Insurance Underwrilem, Inc.
St. Paul Mercn uInsurance Co vp nyx ♦ f�
1927 ru o SEAL'r 3• Ifl
1011S P. PI{INNHV. Vice f rtaideni
'i .Sk'gL a <�_
bra d o .,...•
Stale of Maryland
City of Baltimore I11OMAS E. HUIBREGTSE. Assistant Secretary
On this 23rd _ _ day. of May . 2001 before me. the undersigned officer, personally appeared John F. Phinney and
Thomas E. Huihregtse. who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company. Si, Paul Fire and
Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United Staten 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 purp'ss therein contained by signing the names of the
ctirpomtions 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. 2(X)2.
S
REBECCA EASLEYGNOKALA. Notary Public
86203 Rev. 7-2000 Printed in U.S.A.
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, Si. 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 Attorney 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 he 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. 1 "�
IN TESTIMONY WHEREOF, I hereunto set my hand this Q day of
Mrs
S �� Thomas E. Huibregtse, Assistant Secretary
To verify the authenticity of this Power of Attorney, call 1-800-J211J880'and ; sk for theRowerofAtrorney clerk. Please refer to the Power of Attorney number,
-
the above -named individuals and the details of the bond to wI:fththe 1- _r ached.l �
FAYETTEV?LLE
Mr CITY OF FAYITTEVIIIE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Chris Bosch
Fire Chief
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: August 11, 2003
Re: Res. 114-03
Attached please find an executed copy of the above referenced resolution passed by City
Council, August 5, 2003 awarding Bid No. 03-42 to Multi -Craft Contractors, Inc. The original
resolution and contract will be recorded in the city clerk's office and microfilmed.
If anything else is needed please let the city clerk's office know
/cbp
cc: Nancy Smith, Internal Auditor