HomeMy WebLinkAbout04-05 RESOLUTIONRESOLUTION NO. 04-05
A RESOLUTION AWARDING BID #04-88 TO AIR WORKS
DIVISION OF MULTI -CRAFT CONTRACTORS, INC. IN THE
AMOUNT OF $49,442.00 FOR THE PURCHASE AND
INSTALLATION OF A 25 -TON ROOFTOP HEATING AND AIR
CONDITIONING UNIT AND REMOVAL OF THE EXISTING
UNIT AT THE FAYETTEVILLE POLICE DEPARTMENT .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: / 1
Section 1. That the City Council of the City of Fayetteville, Aransas,
hereby awards Bid #04-88 to Air Works Division of Multi -Craft Contractors, Inc.
in the amount of $49,442.00 for the purchase and installation of a 25 -ton rooftop
heating and air conditioning unit and removal of the existing unit at the
Fayetteville Police Department. A copy of the Contract, marked Exhibit "A" is
attached hereto and made a part hereof.
PASSED and APPROVED this 4th day of January 2005.
ATTEST:
By: Kc+
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
CV
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t. FAYETTEVILLE ;
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CONTRACT
This contract executed this 1. day ofatelailber, 2004, between the City of
Fayetteville, Arkansas,, and
Pktc u ncKsAtu ok mu11•-C` ra(}- £,binkrac.&jCs
In consideration of the mutual co\ enants contained herein, the parties agree as
follows:
fan- u5occitiv o4 mcc at its own cost
and expense shall furnish all labor materials, supplies, machinery, equipment,
tools, supen-ision. bonds, insurance, tax permits, and all other accessories and
services necessary to complete items bid per bid 04-88 as stated in
bid proposal, and in
accordance with specifications attached hereto and made a part hereof under Bid
#04-87, all included herein as if spelled out word for word.
04- %
2. The City of Faye e�ville shall pay
��td UYA- c, 1J based on their bid proposal in an
amount not to exceed 4 L\ 4I , 03 . Payments will be made after
approval and acceptance of cork and submission of invoice. Payments will be
made approximately 30 days after receipt of invoice.
The Contract documents r; hichggmprise the contract bet -ween the City of
Fayetteville and PC c*, t \) o-{Cfd Consist of this Contract and the
following documents attachecchereto, and made a part hereof:
A. Bid form identified as Invitation to Bid 04-88 with the specifications and
conditions typed thereon.
B. Q,JhQCI. bid proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract dR,Qcuments constitute the entire agreement between the City of
Fayetteville and 1 c 1,0x1{9,‘, - mcC, and may be modified only by a duly
executed written instrument signed by the City of Fayetteville and
{ c k)fl Qs>cktQ o4niw
4
5.
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cif « rk5,4 t t) er1 McG
it's duties under the terms of this agreement.
shall not assign
6. ' 1 ' Arks div 84- C, agrees to hold the City of
Fayetteville hartffess and indemnify the City of Fayetteville, against any and all
claiips fo property damage, personal injury or death, arising from
tborks, tti bic rnc-c, performance of this contract.
This clause shall not in any form or manner be construed to waive that tort
immunity set forth under Arkansas Law.
7. �U toerks, (�tl 11 tf 4 nryx, shall furnish a certificate of
insurance addressed to the City of Fayetteville, showing that he carries 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 Fontract is not protected under Worker's
Compensation Insurance, Ptir ('R c)io / shall provide and shall cause
each Subcontractor to provide adequate empl yer's liability insurance for the
protection of such of his employees as are not otherwise protected.
Workmen's Compensation Statutory Amount
Comprehensive General &
Automobile Insurance
Bodily Injury Liability 5250,000 for each person injured.
5500,000 for each accident.
Property Damage Liability 5500,000 aggregate.
The premiums for all insurance and the bond required herein shall be paid by Contractor.
S. P\C \Ooc1LS d1V tflt_.L, to furnish proof of licensure as
required by alllocal4} and state agencies.
9. This c°ptra;}tmay be terminated by the City of Fayetteville or
%v UjorK5A, U d(WV,Cwith 10 days written notice.
10. Freedom of Information Act: City of Fayetteville contracts and documents
prepared while performing city contractual work are subject to the Arkansas
5
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•
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
photo coping costs pursuant to the FOIA may be assessed for this compliance.
%WiLl);ESS OUR HANDS THIS `74 k DAY OF
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ATTEST:
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CITY OF FAYETTEVILLE,
FAYET aVILLE, AKANSA
BY:
CITY CLERK
SIGNATURE:
MAYOR
AUTHORIZED CONTRACTOR
BY: Rick \NAME A D TI�LEf e5i4Pn+
ATTEST:
6
COMPANY SECRETARY
111k &ft
(.300 useqri 1�
BUSINESS A RESS
(GU11140:a111E1 lit & IIllWillY.'111i '/flat+(1lial#:111GV1e11#61111y1/fGVIIIll AlWaU1G: lift. HilW&1111.ttllld:t1111M111111/ :y11fw1 t
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in
UNITED
as
coroporation
the
as
Forty
Dollars
personal
with
hereinafter
on
suffer
which
persons
persons
obligation,
in full
or
A.C.A.
proceeding
Contract
the
on
the
from
being
4t
We
Principal,
State
City of
Obligee,
($
Principal
Owner
Purchase
existing
THE
his part
by
the
force
No suit,
proceeding
Section
Any
giving
the part
Surety
their
hereby
In no
Executed
.ARKANSAS
Airworks
hereinafter
organized
of
Fayetteville
hereinafter
Nine
49,442.00
representatives,
for
unit
referred
CONDITION
and
reason
Owner
all indebtedness
shall
subject
and
action
shall
falls
alterations
by the
of
or
liability
event
t
STATES
STATUTORY
Division of
called
and existing
Arkansas, as Surety,
called
Thousand Four Hundred
), for
successors
has by written agreement
and Installation
at the Fayetteville
to as the
OF THIS
shall fully indemnify
of failure so
may incur in
for labor
have a direct right
to the Owner's
effect.
or proceeding
shall be brought
22-9-403 (b) and
be brought by
due.
which may
Owner of any
either the Owner
Sureties, or either
hereunder, notice
waived.
shall the aggregate
on this 28 th
r
FIDELIS
Multi -Craft
Principal,
under
hereinafter
Owner, in
Forty
the payment
and
of a 25ton
Police
Contract.
OBLIGATION
and
to do and
making
or materials
of action
priority,
shall be
on this
A.C.A.
the Owner
be made
extension
or the
or any
to the
liability
PAYMENT
AND
and firmly
Surety
firmly
unit
reference
shall
all cost
the
that
said
jointly
and
the State
it
1987) as
on
or in the
the Contract,
in any
alteration,
set
of Multi
Y
. .....
COMPANY
BOND# 400TC2138
BOND
GUARANTY COMPANY, a
and authorized to do business
bound unto
bind themselves their heirs,
PERFORMANCE
Contractors,
and UNITED
the
the amount
Two
assigns,
dated
rooftop
Department
is
save
shall
good any
furnished
against
then
brought
bond except
Section
after
in the
of time
Principal
of them,
Surety
of the
day of
`=1'r
y.
Inc.,
laws of the
called
of
& no/100
whereof
jointly
January
heating
, which
such that
harmless
fully reimburse
such
the
this' obligation
on this
by
18-44-503
two years
terms of
for the
to the
their heirs,
or Sureties
Surety
January
By
UNITED
By.
UARANTY
AND
Springdale, Arkansas
STATES FIDELITY
State of Maryland
Surety, are held
Principal and
and severally,
4, 2005
and air conditioning
contract is by
if the Principal
the Owner from
and repay
default, and, further,
or performed under
Principal and Surety,
shall be null
bond outside
the Owner, unless
(b) (Supp.
from the date
the Contract,
performance of
other shall not
personal representatives,
of any such
exceed the sum
works Division
Airw
/ q / y,�
lJG �4G
by these presents.
entered into
and removal of
made a part
faithfully perform
and damage
Owner all outlay
if the Principal
Contract, failing
and severally,
void; otherwise it
of Arkansas.
is brought in accordance
amended. No
which final payment
work to be done
or any other
way release the
successors
extension or
out herein.
10(20Q5
-Craft Contractors,
a contract
hereof, and is
the Contract
which he may
and expense
shall pay all
which such
under this
shall remain
No suit, action
with
suit, action or
under the
under it or
forberance
Principal and
or assigns
forbearance
Inc.
Principal
•
COMPANY
Sure
L
GU
... .
Attorn
ST IDEL
I.1...
L
in -fact
Witness '
..
Tabatha Mood
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STPAUL
TRAVELERS
Bond Number 400TC2138
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act") The Act
establishes a short-term program under which the Federal
Govemment will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any the Act will have on your premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of an insurer's
statutorily established deductible for that year. The Act also caps
the amount of terrorism -related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted) Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
TLT-1018 (9/04)
Meallb l
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. 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. 2003525
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 unde 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 Aaomey(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 undertakingslreequiied orermitted in ny actions or proceedings allowed by law.
! �.�
IN WITNESS WHEREOF, the Companies have caused this instrumentltlttot1he' signedyand sealed th\)12th
is — day of December 2003
ON7
Seaboard Surety Company 4t�) %� l; United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Compa y, f OV. Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Coompa - `f� L ^4R Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company vM9>9
State of Maryland
City of Baltimore
PETER W. CARMAN, Vice President
&
THOMAS E. HUIBREGTSE, Ascista it Secretary
On this 12th day of December 2003 before me, the undersigned officer, personally appeared Peter W. Carman and
Thomas E. Huibregtse, who acknowledged themselves to he 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 1st day of July, 2006.
\6203 Rev. 7-2002 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 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 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 Attorney(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, I hereunto set my hand thisXelk—
day of
ms
f92
J ul..s E-ALAT icer f n W Ixirp e
Y Ix•n �aSE ALJo' \SEAN°
�r"e" ` �s: "+'� 'r Ml Axpis' 1' r 1+r '-' �, Thomas E. Huibregtse, Assistant Se retary
To verify the authenticity of this Power of Attorney, call 1-800-02113880 and ask for thetower _of Attorney clerk. Please refer to the Power of Attorney number,
the above-named individuals and the details of the bond to which the powerls attached "
i r v cfr
2
FAYETTEV1LE
THE CITY OF FAYFTTFVILLF, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
ems -
• //y/a5
ani-oS
A,r kb s /)/away/.
htai ` air
TO: Mayor Coody and Members of the City Council
FROM: Frank Johnson, Chief of Police
DATE: December 9, 2004
SUBJECT: Approval of Contract to Replace HVAC Police Department
RECCOMENDATION:
Council accepts bid # 04-88 and authorize Mayor Coody to issue a purchase order
to Air Works for the replacement of the heating and air conditioning unit on the second
floor of the Police Department totaling $49,442.00.
BACKGROUND:
The Fayetteville Police is housed in a building renovated during 1993.. The
current heating and air conditioning system for the major portion of the building was in
place at the time of the renovation. The refrigerant coil is leaking and cannot be repaired
or replaced due to the lack of space where the unit is located. This bid is for one of two
existing units. The unit supplying service for the first floor is currently working.
Green — Anderson Engineering firm reviewed our current system for the second
floor and created the specifications contained in this contract.
DISCUSSION:
This bid provides for a 25 -ton roof top unit utilizing gas for heat and electricity
for cooling and removing the old system from the mechanical room. The ductwork will
also be modified for improved efficiency. Duct mounted smoke detectors and fire
dampers will be installed. The provisions of this bid will provide a complete and
operating mechanical system with a 1 -year full parts and labor warranty.
BUDGET IMPACT:
The total cost of $49,442.00 for this project is included in the Sales Tax Capital
Improvement Fund within the Building Improvements project. The Budget & Research
Division has reviewed funding for this project. This procurement followed the existing
City policies and utilizes a contract form approved by the City Attorney's Office.
• •
RESOLUTION NO.
A RESOLUTION AWARDING BID #04-88 TO AIR WORKS
DIVISION OF MULTI -CRAFT CONTRACTORS, INC. IN THE
AMOUNT OF $49,442.00 FOR THE PURCHASE AND
INSTALLATION OF A 25 -TON ROOFTOP HEATING AND AIR
CONDITIONING UNIT AND REMOVAL OF THE EXISTING
UNIT AT THE FAYETTEVILLE POLICE DEPARTMENT .
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 #04-88 to Air Works Division of Multi -Craft Contractors, Inc.
in the amount of $49,442.00 for the purchase and installation of a 25 -ton rooftop
heating and air conditioning unit and removal of the existing unit at the
Fayetteville Police Department. A copy of the Contract, marked Exhibit "A" is
attached hereto and made a part hereof.
PASSED and APPROVED this 4th day of January 2005.
APPROVE
ATTEST:.!
DAN'COODY, Mayo
B�
SONDRAf'SMITI'I,. City `Cie
•
PROPOSAL FORM
OG arei bk&3
?lice ' �f
The Bidder understands the City of Fayetteville 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.
Bid Price Per Specifications:
TAa•Go
Anticipated Number of Days to Complete Project: 100
CONTRACTORS NAME
CONTRACTORS LICENSE #
CONTACT PERSON
TITLE
ADDRESS
TELEPHONE
EMAIL ADDRESS
AUTHORIZED SIGNATURE:
1,
All inclusive bids must be submitted no later than November 23, 2004 at 2:30 p.m., to the
City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street,
Fayetteville, Arkansas, 72701 in a sealed envelope marked "Bid 04-88, HVAC
Renovation" Each bidder will be required to meet or exceed the specifications attached.
Any deviation must be noted with specifications attached to bid. Questions related to the
bidding process should be directed to Ben Bell, City of Fayetteville Purchasing Division,
(479) 575-8220, or by e-mail bbell@ci.favetteville.ar.us.
/
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• City of Fayetteville •
Staff Review Form
City Council Agenda Items
Contracts
Frank Johnson
Submitted By
4 -Jan
City Council Meeting Date
Police Police
Division
Action Required:
Department
City Council accept Bid #04-88 and authorize Mayor Goody to sign contract for the purchase and installation of 25
ton roof top heating and airconditioning unit and removal of existing unit.
$49,442.00
Cost of this request
4470-9470-5$01.00
Account Number
02046
Project Number
Budgeted Item
X
280,681.00
Category/Project Budget
$
167,843.00
Funds Used to Date
112,838.00
Building Improvements
Program Category / Project Name
Building Improvements
Program / Project Category Name
Sales Tax Construction Fund
Remaining Balance Fund Name
Budget Adjustment Attached
ma-;(
drt 4j
Dep ment
Dir i
D p tor
City Attorney
WAfiLyD
Finance an. Internal Service Director
099
Date
Mayor
Date
a
Comments:
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
Receivedi Mayor's Office
is/at/'q
3 Clarice Pearman - Air Works/Multi-Craft tractors
From: Clarice Pearman
To: Johnson, Frank
Subject: Air Works/Multi-Craft Contractors
Attached is the resolution passed by the City Council on January 4, 2005 regarding the replacement of
heat & air unit at the police department by Air Works. Also attached is the agreement for said purposes.