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��''%',
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PASSED and APPROVED this 18th day of April, 2006.
ATTEST:
or
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City of Fayetteville
Bid 06-29, Plumbing Contractor Services Contract
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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.
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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.
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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:
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Sondra Smith City Clerk
ATTEST: COI Y SECRETARY
BUSINESS ADDRESS
, 2006.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
BY
DA
COODY
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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
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/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
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[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
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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
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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
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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
City of Fayetteville
Bid 06-29, Plumbing Contractor Services: ProposaLForm
This page becomes an integral part of the proposal submitted
(Vendor/Company Name)
The undersigned proposes to furnish and deliver, in accordance with the requirements of the
Instructions to Bidders and the Specifications dated February 10, 2006, prepared by the City of
Fayetteville, Purchasing Division, for the time period beginning date of Bid Award and
ending twelve months thereafter as per Bid 06-28. Item numbers below refer to the same
numbered paragraph of the Instructions to Bidders and the Specifications.
H. INSTRUCTIONS TO BIDDERS:
1.1. Prices shall include all labor, supervision, materials, equipment, transportation and
services necessary to do a top quality job. YES_ NO_
1.2. Discounts .............
1.3. Condition of Bid FIRM? YES_ NO_
SUBJECTTO ESCALATION...........................................................................................
Method of Escalation, if applicable.....................................................................................
BIDS MUST BE FIRM FOR ACCEPTANCE FOR 90 Days
Bid is Firm Days Weeks
1.4. Bidder will accept total bid only? YES NO_
(or any portion of bid award) YES_ NO_
3.3. Bidder has submitted an original bid document? YES NO
5.0. Bidder will provide Workman's Compensation Insurance as outlined?
YES NO___
Bidder will provide General Liability Insurance as outlined? YES . NO.
Bidder will provide Automobile Coverage as outlined? YES_ NO
Bid 06-29, Plumbing Contractor Services
Page 14 of 21
This page becomes an integral part of the proposal submitted
(Vendor/Company Name)
11.0. Bidder will indemnify the City of Fayetteville? YES_ NO
12.0. Bidder has included qualification and experience information as required?
YES_ NO_
18.0. PURCHASES BY OTHER PUBLIC AGENCIES:
Bidder agrees to extend pricing, terms, and conditions to other public agencies
YES_ NO
21.0 RESPONSE TIME
Bidder agrees to have a person on call for emergencies twenty four hours a day?
YES NO
Bidder agrees to one (1) hour emergency response time?
YES_ NO
Bidder agrees to two to three day response time for regular calls unless an extension is
approved by City project manager?
YES NO
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA:
ADDENDUM NO.. DATED
ADDENDUM NO. DATED
Bid 06-29, Plumbing Contractor Services
Page 15 of 21
City of Fayetteville
Bid 06-29, Plumbing Contractor Services: Bid Blank
We propose to furnish the equipment/material as indicated in this Bid Blank, provided to the City
of Fayetteville with transportation charges prepaid, and for the price quoted below. All
equipment/material to be furnished in accordance with City of Fayetteville specifications attached
hereto.
Bid 06-29, Plumbing Contractor Services
Item
Description
Mark Up %
Contractors
Material
Cost
Estimated Cost
with Mark Up
I
Material Cost lus% $0-$100
%
$1000
$
2
Material Cost lus% $101-$500
%
$1000
$
3
Material (Cost plus %) $501-$1000
%
$5,000
$
4
Material (Cost lus %) $1001-$5000
%
$5,000
$
5
Material Cost lus % $5001 and up
%
$15,000
$
6
Rental Equipment (Cost plus %
%
$5,000
$
Estimated Cost for Items 1-6:
$
J i
' a
Journeyman Plumber (Straight time)
Estimated hrs
Price /Hour
Estimated Cost
7
100
$
8
Journeyman Plumber (Nights and Weekends)
25
$
9
Journeyman Plumber (Holidays)
10
$
10
Apprentice Plumber (Straight time)
100
$
11
Apprentice Plumber (Nights and Weekends)
25
$
12
Apprentice Plumber (Holidays)
10
$
13
Plumber's Helper(Straight time)
100
$
14
Plumber's Helper(Nights and Weekends)
25
$
15
Plumber's Helper(Holidays)
10
$
16
Foreman/Supervisor (Straight time)
100
$
17
Foreman/Supervisor (Nights and Weekends)
25
$
18
Foreman/Supervisor (Holidays)
10
$
19
General Laborer (Straight time)
100
$
20
General Laborer (Nights and Weekends)
25
$
21
General Laborer (Holidays)
10
$
Estimated Cost for Items 7-21:
$
**TOTAL ESTIMATED COST FOR ITEMS 1-21
$
**Bid bond required on 5% of "Total Estimated Cost for Items 1-21"
Bid 06-29, Plumbing Contractor Services
Page 16 of 21
City of Fayetteville
Bid 06-29, Plumbing Contractor Services: Signature Form
NAME OF COMPANY
u:l 1► �1�_
CITY STATE ZIP
AUTHORIZED SIGNATURE TITLE
NAME (TYPED OR PRINTED) DATE
PHONE NUMBER (INCLUDING AREA CODE)
FAX NUMBER (INCLUDING AREA CODE)
EMAIL ADDRESS
DATE
NOTE: ABOVE PRICES NOT TAX EXEMPT - The Bidder(s) will not be exempt from
Arkansas Sales Tax on materials and some services as required by Dept of Finance and
Administration. 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.
Bid 06-29, Plumbing Contractor Services
Page 17 of 21
City of Fayetteville
Bid 06-29, Plumbing Contractor Services: Statement of No Bid
We, the undersigned, have declined to bid for the following reason(s):
1. We do not offer this servicelproduct
2. Our schedule would not permit us to perform
3. Unable to meet specifications
4. Insufficient time to respond to the Request for Proposal
5. We are unable to meet bond requirements
6. Other (Explain)
CompanyName:................................................................................
Signature:...................................................0.0..........................
Name:...............................................................0................
(Print/T)pe)
Address:................................................................................
................................................................................
................................................................................
Phone Number:
Email Address:
Bid 06-29, Plumbing Contractor Services
Page 18 of 21
City of Fayetteville
Bid 06-29, Plumbing Contractor Services: Sample Contract
This contract executed this _ day of , 2006, between the City of
Fayetteville, Arkansas, 113 W Mountain, Fayetteville, Arkansas, 72701 and
at
In consideration of the mutual covenants contained herein, the parties agree as follows:
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
as stated in 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 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.
3. The Contract documents which comprise the contract between the City of Fayetteville and
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. 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 and may be modified only by a duly executed written
instrument signed by the City of Fayetteville and
5. shall not assign its -duties under the terms of this
agreement.
6. 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 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.
Bid 06-29, Plumbing Contractor Services
Page 19 of 2l
7. 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, 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.
1. Workmen's Compensation:
Statutory Amount
2. 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
Ef
9
to furnish proof of licensure as required by all
local and state agencies.
This contract may be terminated by the City of Fayetteville or
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. .
Bid 06-29, Plumbing Contractor Services
Page 20 of 2l
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:
'According to Arkansas law, it is understood that no liens can be filed against public property ifa valid and
enforceable payment and performance bond is in place. Regarding the Project and Agreement, the valid and
enforceable bonds are with (_name ofsurety ).'
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 DAY OF , 2006.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
BY
DAN COODY, Mayor
ATTEST:
Sondra Smith, City Clerk
BY
PRINTED NAME AND TITLE
ATTEST: COMPANY SECRETARY
BUSINESS ADDRESS
Bid 06-29, Plumbing Contractor Services
Page 21 of 21
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City of Fayetteville
Bid 06-29, Plumbing Contractor Services: Bid Blank
We propose to furnish the equipment/material as indicated in this Bid Blank, provided to the City
of Fayetteville with transportation charges prepaid, and for the price quoted below. All
equipment/material to be furnished in accordance with City of Fayetteville specifications attached
hereto.
Bid 06-29, Plumbing Contractor Services
Item
Description
Mark Up %
Contractors
. Material
cost
Estimated Cost
with Mark Up
%
1
Material (Cost plus % $0-$100 .
15.00%
$1,000
$1,150.00
2
Material (Cost plus % $101-$500
15.00%
$1,000
$1,150.00
3
Material (Cost plus % $501-$1000
15.00%
$5,000
$5,750.00
4
Material (Cost plus %
$1001-$5000
15.00%
$5,000
$5,750.00
s
Material (Cost
plus % $5000 and up
15.00%
$15,000
$17,250.00
6
Rental Equipment
(Cost plus %)
10.00%
$5,000
$5,500.00
Estimated Cost for Items 1-6:
$36,550.00
Estimated hrs
Pricethour
Estimated Cost
7
Journeyman Plumber (Straight time)
100
$40.50
$4,050.00
s
Juomeyman Plumber (Nights and Weekends
25
$55.50
$1,387.50
9
Journeyman Plumber (Holidays)
10
$70.50
$705.00
to
Apprentice Plumber (Straight time
100
$30.00
$3,000.00
11
Apprentice Plumber (Nights and Weekends)
25
$41.00
$1,025.00
12
A prentice-Plumber(Holidays)
10
$52.50
$525.00
13
Plumber's Helper (Straight time)
100
$30.00
$3,000.00
14
Plumber's Helper (Nights and Weekends)
25
$41.00
$1,025.00
15-
Plumber's Helper (Holidays)
10
$52.50
$525.00
16
Foreman/Supervisor (Straight time)
100
$40.50
$4,050.00
17
Foreman/Supervisor (Nights and Weekends)
25
$55.50
$1,387.50
18
Foreman/Supervisor (Holidays)
10
$70.50
$705.00
19
General Laborer Straight time
100
N/A
20
General Laborer (Nights and Weekends)
25
N/A
21
General Laborer (Holidays)
10
N/A
Estimated Cost for Items 7-21:
$21,385.00
*`TOTAL ESTIMATED COST FOR ITEMS 1-21
$57,935.00
**Bid
bond required
on 5% of "Total Estimated Cost for Items 1-21"
Bid 06-29, Plumbing Contractor Services
Page 16 of 21
City of Fayetteville
Bid 06729, Plumbing Contractor Services: Signature Form
Multi -Craft Contractors, Inc.
NAME OF COMPANY .
P.O. Box 1760
MA➢.iNG ADDRESS
Springdale AR 72765-1760
CIT
Y. STATE . ZIP
. L/ n Y/..1 - Gvcri 4i
479-751-4330
PHONE NUMBER (INCLUDING AREA CODE)
479-751-4399
FAX NUMBER (INCLUDING AREA CODE)
info@multi-craft.net
EMAIL ADDRESS
March 10, 2006
DATE
NOTE: ABOVE PRICES NOT TAX EXEMPT - The Bidder(s) will not be exempt from
Arkansas Sales Tax on materials and some services as required by Dept of Finance and
Administration. 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.
Bid 06-29, Plumbing Contractor Services
Page 17 of 21
Yr
1
3:
._...__...-_. _...._...
ADDENDUM TO BID
This addendum to Bid# 06-29, "Plumbing Contractor, Labor /Material Price
Agreement" dated March 1. 2006, by and between Multi -Craft Contractors, Inc.
(hereinafter "Multi -Craft'") and City of Favetteville. (hereinafter "City"), is executed
contemporaneously with said Bid and contains terms and conditions in lieu of and fully
replaces Section 5.0. Insurance/Indemnification of said Bid.
1. INSURANCE REQUIREMENTS: Multi -Craft agrees to procure, pay for,
and maintain in full force and effect during the course of the performance of the Contract,
insurance policies for workers compensation; automobile liability; and general liability
for bodily injury and property damage (including contractual liability). Multi -Craft shall
not commence work or receive any payment hereunder until a certificate of such
insurance is furnished to City. If Multi -Craft receives no notice from City to the contrary
within five (5) days after furnishing such certificate(s) of insurance, then Multi -Craft
shall be deemed to have furnished the proper insurance required by this Agreement.
With the exception of the worker's compensation insurance policy, all policies required
of Multi -Craft according to the provisions of this article shall provide that the City, City
Council, boards, commissions, officers, agents, employees and volunteers be named as
additional insureds under such Multi -Craft's insurance policies.
2. INDEMNIFICATION AND HOLD HARMLESS: Multi -Craft agrees to
indemnify City, City Council, boards, commissions, officers, agents, employees and
volunteers against and hold them harmless for any and all claims, demands, liabilities,
losses, expenses, suits and actions (including without limitation attorneys' fees) for or on
account of any injury to any person, or any death at any time resulting from such injury,
or any damage to any property, which may arise out of or in connection with the work
covered by this Contract and arising from the work or operations of Multi -Craft; except
to the extent caused by, contributed to, or compounded by the owner and/or contractor.
MULTI -CRAFT CONTRACTORS, INC.
By:
Title: EC UT!VE: U (CC f 0.aj gC
I� IIi irim
CITY OF FAYETTEVILLE
By:
Title:
Date:
Addendum to Bid 06-29
"Plumbing Contractor, Labor/Material Price Agreement"
Qualification and Experience
City of Fayetteville, Plumbing Services Contract for year
2005.
Contact: Coy Hurd
City of Fayetteville
Building Maintenance
5754-8361
2. University of Arkansas On -Call Journeyman Services
Contract.
Since 2003, we have provided • a crew of Journeyman
• Electricians, Plumbers, HVAC to perform various service and
repair projects on an "as -needed" basis, including
emergency nights/weekends.
• Contact: Kelly Sharp
University of Arkansas
575-5470
3. Glad Manufacturing, Rogers Arkansas
Since 1980, Multi -Craft Contractors has kept a crew of
Electrical, Plumbing and Millwright Journeymen on site at
their Rogers facility to perform various maintenance, repair
and installation services.
Contact: Brian Wilhelm or Lyndal Schisler
479-636-2845
BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
KNOWN ALL BY THESE PRESENTS, That we, Multi -Craft Contractors, Inc., as
Principal, and Travelers Casualty and Surety Company of America, as Surety, are held
and firmly bound unto City Of Fayetteville, as Obligee, in the sum of Five percent of bid
Dollars ($5%) for the payment of which we bind ourselves, and our successors and
assigns, jointly and severally, as provided herein.
WHEREAS,
Principal
has submitted or is about to
submit a bid to the Obligee on a
contract for
Plumbing
Contractor Services #06-29(12
months) ("Project").
NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid,
and Principal enters into a contract with Obligee in conformance with the terms of the
bid and provides such bond or bonds as may be specified in the bidding or contract
documents, then this obligation shall be void; otherwise Principal and Surety will pay to
Obligee the difference between the amount of Principal's bid and the amount for which
Obligee shall in good faith contract with another person or entity to perform the work
covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed
the penal sum of this bond.
Signed this 24th day of February, 2006.
Multi -Craft Contractors, Inc.
(Principal) I H
By:
Travelers Casualty and Surety Company of America
By:
Danna Freeman, Attorney -in -Fact 1
I.
I.
-._.-. _--
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Dana Carol Freeman, Tabatha Moody, Darby Barton, Bill Brookshire, Warren T.
Baldwin, Jr., of Fayetteville, Arkansas, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to
sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act,
any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or
conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent
as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to
the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full forceand effect: •
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in wilting and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
.undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
:Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and 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 in the future with respect to any bond or
undertaking to which it is attached.. .
(02-05) Unlimited
.....................
City of Fayetteville '
Bid 06-29, Plumbing Contractor Services: Sample Contract
This contract executed this _ day of , 2006, between the City of
Fayetteville, Arkansas, 113 W Mountain, Fayetteville, Arkansas, 72701 and
at
In consideration of the mutual covenants contained herein, the parties agree as follows:
at its own cost and expense shall fiunish 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
as stated in 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 forward.
2. The City of Fayetteville shall pay for completion of each project based on prices indicated
• in 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.
3. The Contract documents which comprise the contract between the City of Fayetteville and
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. bidproposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville
and and may be modified only by a duly executed written
instrument signed by the City of Fayetteville and
5.
agreement.
shall not assign its -duties under the terms of this
6. 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 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. 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, 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
2. 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
8.. to furnish proof of licensure as required by all
local and state agencies.
9. This contract maybe terminated by the City of Fayetteville or
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.
Bid 06-29, Plumbing Contractor Services
Page 20 of 21
13. Arbitration/Mediation: We will not agree to be forced to mediate or arbitrate any dispute.
I4. 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:
'According to Arkansas law, ills understood that no liens can be filed against public property i f a valid and
enforceable payment and performance bond is in place. Regarding the Project and Agreement, the valid and
enforceable bonds are with ( name ofsurety ).'
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 DAY OF , 2006.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
BY
DAN COODY, Mayor
ATTEST:
Sondra Smith, City Clerk
ATTEST: COMPANY SECRETARY
BUSINESS ADDRESS
BY
PRINTED NAME AND TITLE
Bid 06-29, Plumbing Contractor Services
Page 21 of 21
a.
Clarice Pearman - Res. 69-06 — Page 1
From: Clarice Pearman
To: Rennie, Larry
Date: 4.21.06 3:08PM
Subject: Res. 69-06
Larry,
Attached is a copy of the resolution passed by City Council, April 18, 2006 awarding Multi -Craft
Contractors a plumbing contract. I'm attaching a copy of that contract.
Have a good weekend.
Thanks.
Clarice
CC: Audit