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HomeMy WebLinkAbout69-06 RESOLUTIONRESOLUTION NO. 69-06 A RESOLUTION AWARDING BID # 06-29 AND APPROVING A CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC., TO PROVIDE PLUMBING SERVICES FOR A TERM OF ONE (1) YEAR WITH THREE (3) ONE-YEAR RENEWAL OPTIONS 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 # 06-29 and approves a contract with Multi -Craft Contractors, Inc. to provide plumbing services for a term of one (1) year with three (3) one-year renewal options. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. ....`" RK/TR��''%', q ' Y.O•SGi'' • :FAYETTEVILLE: yJ0T/CANS:•\t By:lei i Er%//%.� By: �J)�IAdl�t%K- 'fYI�A�i`' ��.......... PASSED and APPROVED this 18th day of April, 2006. ATTEST: or • City of Fayetteville Bid 06-29, Plumbing Contractor Services Contract • This contract executed this da9 of k , 2006, between the City of Fayetteville, Arkansas, 113 W Mountain, Fayetteville, Ar ansas, 72701 and Multi -Craft Contractors, Inc at PO Box 1760, Springdale, AR 72765-1760. • In consideration of the mutual covenants contained herein, the parties agree as follows: I. Multi -Craft Contractors, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid 06-29 as stated in Multi -Craft Contractors, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid # 06-29, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay for completion of each project based on prices indicated in Multi -Craft Contractors, Inc. bid proposal. 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. The Contract documents which comprise the contract between the City of Fayetteville and Multi -Craft Contractors, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 06-29 with the specifications and conditions typed thereon. B. Multi -Craft Contractors, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Multi -Craft Contractors, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Multi -Craft Contractors, Inc.. 5. Multi -Craft Contractors, Inc. shall not assign its duties under the terms of this agreement. 6. Multi -Craft Contractors, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Multi -Craft Contractors, Inc. 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. Multi -Craft Contractors, Inc. 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 contract is not protected under Worker's Compensation Insurance, Multi -Craft Contractors, Inc 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. Workmen's Compensation: Statutory Amount Comprehensive General & Automobile Insurance $500,000 for each accident. 3. Bodily Injury Liability: $500,000 for each accident. • 4. Property Damage Liability: $500,000 aggregate. The premiums for all insurance required herein shall be paid by Multi -Craft Contractors, Inc. 8. Multi -Craft Contractors, Inc to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Multi -Craft Contractors, Inc. with 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 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. 11. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the Fayetteville City Council in advance of the change in scope, cost or fees. 12. Jurisdiction: Legal jurisdiction to resolve any disputes must be Arkansas with Arkansas law applying to the case. 13. Arbitration/Mediation: We will not agree to be forced to mediate or arbitrate any dispute. 14. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments 15. Lien Waivers: The contractor shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors, and sub -subcontractors. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: 16. Contract Extension: This contract may be extended by mutual agreement for a period of three (3), one (1) year periods, on a year by year basis, beyond the initial expiration date as set at the beginning of the contract period, unless either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the contract period. This notice to terminate the contract at the end of the initial one (1) year period, shall be given in writing at least 30 days prior to the initial expiration date of the contract. The contractor shall have each subcontractor and sub -subcontractor and material supplier execute a written receipt evidencing acknowledgement of this statement prior to commencement of the work of the subcontractor or material supplier. WITNESS OUR HANDS THIS I km DAY OF ATTEST: _`ez\ . °G0,41/A . • cC,� S QF . ,Sj SSG, \ Y g ;FAYETTEVILLE; t;.911,kANSP2J=, fittato Sondra Smith City Clerk ATTEST: COI Y SECRETARY BUSINESS ADDRESS , 2006. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS BY DA COODY yor BY OEN/415 4L -l-/ E. -VC- U P PRINTED NAME AND TITLE 00 LOWaL RO• S,°R.N6vf4w fit n711-5- BUSINESS 27<p5 Larry Rennie Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts April 18 2006 City Council Meeting Date Operations Division Action Required: 445 c rfigNo 0-04 /Multi -Cni Cfyi%aildr5� lne Building Services Department Award of Bid 06-29 and contract for Plumbing Contractor Services to Multi -Craft Contractors Inc. for a term of one year with three one year renewal options. NTE $20,000/ per project Cost of this request Various Account Number Various Project Number Budgeted Item X Various Category / Project Budget Various Funds Used to Date Various Remaining Balance Budget Adjustment Attached Various Program Category / Project Name Various Program / Project Category Name Various Fund Name Department Director ��? e 06. Date City Attorney Finance and Internal Service Director Mayor Comments: Date �� OL [Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerks Off ENIE-'c FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor/ City Council p2.7 FROM: Larry Rennie Building Services Supv. THRU: Coy Hurd Building Services Manager DATE: March 20, 2006 SUBJECT: Bid Award for Plumbing Contractor Services Attached is the Agenda Request for awarding Bid 06-29 to the lowest bidder meeting the requirements for Plumbing work and related service needs for the City of Fayetteville for the time period beginning date of Bid Award and ending twelve months thereafter with the option for three (one year) term renewals Previous experience with this vendor on other city projects has shown that quality of workmanship is at a level which allows us to be very comfortable in recommending this bidder for various City of Fayetteville projects. Staff recommends acceptance of the rates provided by Multi Craft Contractors for Bid 06-29. It has been with an objective attitude that this bid has been evaluated. Therefore, this recommendation is submitted with confidence, that the City of Fayetteville will receive the best value for dollars spent. • RESOLUTION NO. A RESOLUTION AWARDING BID # 06-29 AND APPROVING A CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC., TO PROVIDE PLUMBING SERVICES FOR A TERM OF ONE (1) YEAR WITH THREE (3) ONE-YEAR RENEWAL OPTIONS. 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 # 06-29 and approves a contract with Multi -Craft Contractors, Inc. to provide plumbing services for a term of one (1) year with three (3) one- year renewal options. A copy of the contract, marked Exhibit "A" is attach hereto and made a part hereof. PASSED and APPROVED this 18th day of April, 2006 ATTES By: SONDRA" . VIITH, City Clerk APPROVED D3AN CO O'DY, Mayor • yeuevle CITY OF FAYETTEVILLE 113 W. Mountain St. • Fayetteville, AR 72701 INVITATION TO BID BID # 06-29 Plumbing Contractor Services BID #: 06-29 DATE ISSUED: February 10, 2006 DATE & TIME OF OPENING: March 1, 2006 at 2:00 PM BUYER: Andrea Foren, Room 306 - (479) 575-8220 F.O.B. Fayetteville, AR • • CITY OF FAYETTEVILLE REQUEST FOR BIDS 06-29 Plumbing Contractor Labor/Material Price Agreement February 10, 2006 I. NOTICE TO BIDDERS: Sealed bids will be received at the Office of the Purchasing Division, Third Floor, City Hall, 113 W. Mountain Street, Fayetteville, AR 72701, until 2:00 P.M., CT, on March 1st, 2006, per the attached .specifications. This price agreement shall commence upon award of contract and end one (1) year thereafter. II INSTRUCTIONS TO BIDDERS: 1.0. QUOTATIONS: 1.1. Prices shall include all labor, supervision, materials, equipment, transportation and services necessary to do a top quality job. 1.2. The bidder shall state any discounts to apply. (Discounts must be shown for individual items unless all items have the same percentage of discounts.) 1.3. Firm bids are desired. Bids which are not subject to any form of escalation will receive favorable consideration during the evaluation of bids. Any bid which is subject to an open or unlimited escalator clause may be rejected. The City reserves the right to consider any bid which may be offered subject to an escalator clause which is based on a nationally recognized index which permits both upward and downward escalation. 1.4. Award will be made to the lowest qualified bidder. 2.0. RIGHT OF REJECTION: The City of Fayetteville reserves the right to reject any one or all bids, or any part of any bid, to waive any informality in any bid, and to award the purchase in the best interest of the City of Fayetteville. Furthermore, the City reserves the right to hold the bid'of the three (3) lowest bidders for a period of ninety (90) calendar days from and after the time of the bid opening. 3.0. BID SUBMITTAL: 3.1. Address all bids to the Purchasing Division, Third Floor, City Hall, 113 W. Mountain Street, Fayetteville, AR 72701. The bids shall be enclosed in a sealed envelope, clearly marked BID NO. 06-29 "Plumbing Contractor Labor/Nlaterial Price Agreement" and "NOT TO BE OPENED UNTIL 2:00 P.M., March 1st, 2006." Bid 06-29, Plumbing Contractor Services Page 2 of 21 3.2. ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION, THIRD FLOOR, CITY HALL ON OR BEFORE THE TIME AND DATE INDICATED ON THE BID DOCUMENT. The responsibility for submitting bids to the Purchasing Division is solely that of the bidder. The City of Fayetteville will not be responsible for delays in mail delivery or delays caused by any other occurrence. LATE BIDS WILL NOT BE ACCEPTED. 3.3. The Bidder(s) are to submit their bid on attached PROPOSAL FORM, supplying all the required information. Failure to comply with this or any other paragraph of the Instructions to Bidders may be sufficient reason for invalidation of the bid. 3.4. Bidders are required to provide all requested information. Bid submittals should be submitted in a sealed envelope marked as instructed. Only information provided inside this envelope will be considered, unless otherwise instructed. Failure to follow this instruction or any other instruction contained in this Request for Bids may result in the rejection of your bid. 3.5. Bid modifications are not allowed. Complete withdrawal or complete exchange of bid is acceptable, if done before scheduled bid opening. 4.0. PUBLIC BID OPENING PROCEDURE: 4.1. The purpose of a Public Bid Opening is for a reading of bids received. No award will be made or implied at this time. 4.2. Only the following information will be given: a. Vendor name. b. Total price, except when award is made on a unit price basis or grand total for all or none items. 4.3. Bids or related documents may not be reviewed at the bid opening. No discussion of any nature concerning brand names, deliveries, samples, etc., can be entered into between any Purchasing personnel and any Vendor during or after the Bid opening until the evaluation has been completed and a recommendation forr award has been made. Agents will provide figures recorded for each vendor at bid opening, and/or indicated apparent low bidder prior to the receipt of any recommendation. 4.4. A copy of the bid tabulation will be available on the Purchasing Division's website upon completion of recommended award. 4.6. Vendors who wish to review or request copies of bids upon contract award may do so by making an appointment with Purchasing Division personnel at 479/575-8220. Bid 06-29, Plumbing Contractor Services Page 3 of 21 5.0. INSURANCE REQUIREMENTS: Prior to commencing work, the contractor shall procure and maintain at contractor's own cost and expense for the duration of the contract and any extensions the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid prices. Contractor shall maintain limits no less than: 5.1. Commercial General/Umbrella Liability Insurance - $500,000 limit per occurrence for property damage and bodily injury. The service provider should indicate in its bid whether the coverage is provided on a claims -made or preferably on an occurrence basis. The insurance shall include coverage for the following: a) Premise/Operations b) Products/Completed Operations c) Personal Injury 5.2. Business Automobile/Umbrella Liability Insurance - $500,000 limit per accident for property damage and personal injury. a) Owned/Leased Autos b) Non -owned Autos c) Hired Autos Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. Other Insurance Provisions 1) Commercial General Liability and Automobile Liability Coverages a) The City of Fayetteville, members of its City Council, boards, commissions and committees; officers, agents, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor or premises on which Contractor is performing services on behalf of the City. The coverage shall contain no special limitations on the scope of protection afforded to the City of Council, members of the City Council, boards, commissions and committees, officers, agents, employees and volunteers. b) The Contractor's insurance coverage shall be primary insurance as respects the City of Fayetteville, members of its City Council, boards, commissions and committees, officers, Bid 06-29, Plumbing Contractor Services Page 4 of 21 agents, employees and volunteers. Any insurance or self-insurance maintained by the City of Fayetteville, members of its City Council, boards, commissions and committees, officers, agents, employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Fayetteville, members of its City Council, boards, commissions and committees, officers, agents, employees and volunteers. - d) Coverage shall state that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers ' Liability and Property Coverages The insurer shall agree to waive all rights of subrogation against the City of Fayetteville, member of its City Council, boards, commissions and committees, officers, agents, employees and volunteers for losses arising from activities and operations of Contractor in the performance of services under this Agreement. 3) All Coverages a) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given (add user department and specify specific individual and title) to the City. b) If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach. Altematively, City may purchase such required insurance coverage (but has no special obligation to do so), and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance. D. Acceptability of Insurers Insurance is to be placed with Arkansas admitted insurers rated B+X or better by A.M. Best's rating service. Verification of Coverage Contractor shall famish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each policy are to be signed by a person authorized by that insurer to bind coverage on Bid 06-29, Plumbing Contractor Services Page 5 of 21 its behalf. The certificates and endorsements are to be received and approved by the City before work commences. F. Subcontractors Contractor shall include each of its subcontractors as insureds under the policies of insurance required herein. G. Defense, Indemnification and Hold Harmless Agreement (Contracts for Services) Contractor hereby agrees to indemnify, defend and hold harmless the City of Fayetteville, members of its City Council, boards, commissions and committees, officers, agents, employees and volunteers (hereinafter collectively referred to as "City") from any and all loss, damage, cost, expense, liability, claims, demands, suits, attorney's fees and judgments arising directly or indirectly from or in any manner related to the work, project, event or other purposes in connection with the Contractor's performance or failure to perform under the terms of this contract, regardless of the active or passive nature of' any negligence by City, except as otherwise expressly stated herein. Contractor shall not be responsible when such liability arises from the sole negligence of the City. Contractor shall pay City for any costs incurred in enforcing this provision. 6.0. DEFAULT AND TERMINATION OF CONTRACT: Should the Contractor fail to correct any condition which is in violation of the terms of the contract, within 24 hours after having been notified by the City, then the City may declare this contract in default and terminate same. Continuous failure to comply with the terms of contract or failure to correct problems brought to the attention of the Contractor shall be grounds for the City to terminate the contract. The City may terminate a contract, in whole or in part, whenever the City determines that such termination is in the best interest of the City, without showing cause, upon giving written notice to the Contractor. The city shall pay all reasonable costs incurred by the contractor up to the date of termination. The contractor shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination. The City of Fayetteville's performance and obligation to pay under "Continuing Price Agreement" contracts is contingent upon an annual appropriation by the City Council. 7.0. QUANTITIES: The City anticipates purchasing $50,000 of services during the contract period. This quantity is approximate and represents the estimated requirement for the contract period. Bid 06-29, Plumbing Contractor Services Page 6 of 21 • There is no obligation on the part of the City to purchase more or less than the quantity listed. The City reserves the right to purchase more or less than the quantity listed, depending upon actual requirements during the life of the agreement. 8.0. PAYMENT: 8.1. Prompt Pay Policy It is the policy of the City of Fayetteville to pay invoices no later than thirty days of receipt. 8.2. Withholding Payment In the event a contract is canceled under any provision herein, the City of Fayetteville may withhold from the Contractor any monies owed on that or any contract, an amount sufficient to compensate for damages suffered because of the violation resulting in cancellation. 9.0. INQUIRIES: Please direct any inquiries to Andrea Foren or Peggy Vice at (479) 575-8220 or (479) 575- 8289. All telephone conversations are to be considered unofficial responses. Questions, verifying the Bids' content, if appropriate, will be responded to in writing. The written response will be the City's official response and will be posted on the website and sent out on the mailing list. 10.0 EXTENSION OF CONTRACT This contract may be extended by mutual agreement for a period of three (3), one (1) year periods, on a year by year basis, beyond the initial expiration date as set at the beginning of the contract period, unless either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the contract period. This notice to terminate the contract at the end of the initial one (1) year period, shall be given in writing at least 30 days prior to the initial expiration date of the contract. 11.0. INDEMNIFICATION: 11.1. The Contractor shall indemnify and hold harmless the City, and their agents and employees from and against all claims, for infringement of any United States Patent, or damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, furnishing of services, or furnishing of materials, goods, or equipment, as required by the bid documents, including but not Limited to claims regarding defects in materials, goods, or equipment, which is caused in whole or in part by any breach of contract, or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 11.2. In any and all claims against the City, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of Bid 06-29, Plumbing Contractor Services Page 7 of 21 damages, compensation or benefits payable by or for the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts or other Employee Benefit Act. 12.0. CONTRACTOR QUALIFICATION AND EXPERIENCE: 12.1. Bidders are required to furnish evidence that they have past experience in the type of work as outlined in the attached specifications, to include specific experience. A minimum of three (3) references must be submitted with each bid. These references may be used in the evaluation of this bid to determine award. 12.2. Contractor shall have a State of Arkansas Contractor's license. 12.3. The Bidder, at time of bid submittal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statutes, Ordinances, and rules & Regulations of any kind. Copies of the licenses should be submitted with the bid indicating that the entity biding the project is properly licensed to perform the activities or work included in the contract documents 13.0. VENDOR PERFORMANCE EVALUATION: The successful vendor(s) are subject to have their performance evaluated by the City of Fayetteville. This performance evaluation will be a "Public Record". 14.0. VENDOR GRIEVANCE PROCEDURE: A notice of intent of bid protest shall be made m writing to the Purchasing Manager within 72 hours (weekends and holidays exempted) after posting of the intended recommendation of award. The vendor shall be responsible for inquiring as to any and all award recommendation/postings. Should any concerns or discrepancies arise during the bid process, we encourage you to contact the Purchasing Division prior to the scheduled bid opening. Such matters will be addressed and/or remedied prior to a bid opening or award whenever practically possible. A vendor shall not contact Departments/Divisions regarding the vendor complaint. 15.0. PURCHASES BY OTHER PUBLIC AGENCIES: With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other governmental agencies or political subdivisions within the State of Arkansas. Such purchases shall be governed by the same terms and conditions stated herein This agreement in no way restricts or interferes with the right of any State or political subdivision or other public entity to bid any or all of these items independently. Bid 06-29, Plumbing Contractor Services Page 8 of 21 16.0 FAMILIARITY WITH LAWS • The Bidder is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations, that in any manner affect the work. Ignorance on the part of the Bidder will in no way relieve him from responsibility of compliance with all said laws, ordinances, rules and regulations. 17.0 ASSESSMENTS AND TAXES The Contractor will not be exempt from Arkansas Sales Tax. The Owner is exempt from all Federal excise taxes on materials, appliances, etc., which are incorporated into and become a part of the finished improvement. 18.0 CONTRACT DOCUMENTS 18.1 Contract Documents will consist of the following parts: A. Bid Documents: 1. Proposal (as accepted by the Owner) 2. Addenda 3. List of Subcontractors (if applicable) B. Contract Forms: 1. Contract 2. Contract Bond (required for projects $20,000+) 3. Insurance Certifications 18.2 The Contract Documents shall be complementary to each other, what is called for by one shall be as binding as if called for by all. The Contractor shall be responsible for providing a complete facility according to the meaning and intent of the Contract Documents, whether all of the items involved under any trade are mentioned in one or several places 19.0 PERMITS The contractor will be responsible for obtaining any and all required permits. The City shall be responsible for the cost of any and all permits. 20.0 COMPLIANCE WITH IMMIGRATION AND NATURALIZATION ACT The city shall consider the employment by any contractor of unauthorized aliens a violation of Section 274(e) of the Immigration and Naturalization Act. Such violation shall be cause for immediate cancellation of contracts between said contractor and the city. 21.0. SPECIFICATIONS/SCOPE OF WORK: General: The City requires the services of a Plumbing Contractor to provide labor, material and equipment to perform repairs/new installations, to various City buildings. The City reserves the right to bid Bid 06-29, Plumbing Contractor Services Page 9 of 21 any job with an estimated cost of $10,000 or more. No single job may exceed $20,000 without City Council approval. The contractor may be required to do emergency repairs at times other than normal working hours. The contractor shall be in a position to be available on a twenty-four (24) hour basis for such emergency work. Contractor must include response time. On Site emergency response time shall be no more than one (1) hour after notification. Regular response time shall be no more than two to three days after contact. Bidder must include mileage and travel time as part of this agreement. The City will not assume mileage or travel time costs. All work shall be performed in a good workmanship like manner and shall conform to codes enforced by the City Inspection Division. The contractor is responsible for requesting inspections before work is covered and requesting a final inspection when work is complete. Invoices: Invoices or pay requests shall contain details of services performed and number of man hours for each discipline of labor, materials furnished and rental equipment used. Unit prices for each shall be listed. Contractor may be required to furnish material and rental equipment invoices upon request. The City's purchase order number must appear on the invoice. Prices: Labor quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage, etc. Prices quoted must be firm for the term of the contract. Price increases may be negotiated at the beginning of a renewal period based on the most current consumer price index. A formal contract addendum must be approved. Bid and Performance Bond: A five (5%) percent bid bond must be submitted with each bid. The bid bond must be based on the total estimated cost of the bid as indicated on P-3 of the proposal document. Upon contract award a 100% performance bond must be submitted with each individual project totaling $20,000.00 or more. Project Supervision: The Contractor shall employ a competent and thoroughly experienced superintendent capable of handling all phases of each project; he shall have any necessary assistants to complete each project. When any work under this contract is being performed, the Superintendent and necessary assistants shall be present at the job site. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. Major and important directions shall be confirmed in writing to the Contractor, other directions shall be so confirmed upon written request of the Contractor. The Superintendent shall be in complete and responsible charge of the project for the Contractor and shall not be superseded by any other personnel of the Bid 06-29, Plumbing Contractor Services Page l0 of 21 Contractor. The Contractor shall submit the name of the proposed Superintendent for the Contractor and shall furnish a telephone number or numbers through which the Superintendent may be reached 24 hours each day of the contract duration. The Contractor shall provide efficient supervision for the work, using his best skill and attention. He shall carefully study and compare all Drawings, Specifications and other instructions and shall report at once to the Project Manager any error, inconsistency or omission which he may discover, but he shall not be held responsible for their existence or discovery. Bid 06-29, Plumbing Contractor Services Pagel 1 of 21 City of Fayetteville Bid 06-29, Plumbing Contractor Services: General Terms & Conditions 1. All bids shall be submitted in a sealed envelope and must be submitted on forms acquired by the vendor from the City of Fayetteville Purchasing website (www.accessfavetteville.orq). Bids with missing pages or missing any requested attachment will be deemed incomplete. 2. The item bid and the bid number shall be stated on the face of the sealed bid envelope. 3. 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. 4. The quantities listed are based on the needs of the City and availability of funds at the time bids are posted. The City shall be able to purchase more or less than the quantity indicated subject to availability of funds or change in needs. 5. The bid price shall remain good and firm until project is completed. Payment to the vendor by the City will be made within 30 days following delivery and acceptance in accordance with these specifications and the City's Purchase Order to the vendor. 6. All products delivered shall comply with applicable standards of quality. 7. Any exceptions to the specification 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. 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. Failure to deliver on or before the time specified in the contract may subject the contractor to payment of damages or other appropriate sanctions. 10. Copy of the warranty shall accompany the bid, and any exceptions to the warranty shall be clearly noted on the bid form. Written warranties shall specify the greater of the manufacturer's standard warranty or the minimum warranty specified herein by the City. 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. 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. Each apparent low bid will be reviewed line by line to ensure compliance with specifications prior to recommendation for award. Bid 06-29, Plumbing Contractor Services Page 12 of 21 • 15. Bids must be received by mail or hand delivery in the Purchasing Office, Room 306, 113 W. Mountain St. Fayetteville, AR 72701, on or before March 1st, 2006 at 2:00 PM. 16: The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at (479) 575-8256 to insure receipt of their bid documents prior to opening time and date listed on the bid form. Bid 06-29, Plumbing Contractor Services Page 13 of21