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74-09 RESOLUTION
RESOLUTION NO. 74-09 A RESOLUTION AWARDING BID #09-30 TO MULTI -CRAFT CONTRACTORS, INC. IN THE AMOUNT OF $117,300.00 FOR DRAKE FIELD HVAC CONTROLS UPGRADE; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $12,336.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $42,306.00. 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 #09-30 to Multi -Craft Contractors, Inc. in the amount of $117,300.00 for Drake Field HVAC Controls Upgrade. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a project contingency in the amount of $12,336.00. Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $42,306.00. PASSED and APPROVED this 7th day of April, 2009. APPROVED: ATTEST: LIINELDJI' 1 y By: Q 4 /,i/1�tt) Mayor SON E. SMITH, City Clerk/Treasurer AN • ]k '.. ��>•G\SYpc•,G��%t. • - :FAYETTEVILLE: .Z; ? ,/NGTON C %%%%% . kANSP•S• City of Fayetteville Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid Contract This contract executed this 31-6 day of 411 1 , 2009, between the City of Fayetteville, Arkansas, and Multi -Craft Contractors, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: . 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 09-30 as stated in Multi -Craft Contractors, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 09-30, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay S117,300 based on their bid proposal in an amount not to exceed $117,300. 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 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 09-30 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 Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability Statutory Amount $500,000 for each person i41ured. $1,000,000 for each accident. $1,000,000 aggregate. Premiums for all insurance and the bond 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 City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS 74 DAY OF ITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS L At ONEL IF' I AN, Mayor Sondra Smith, City Clerk ATTEST: COMP SECRETARY 220Y )7b0 SPQ/AlinNUE. AZ USINESS ADDRESS 702-7 74 1706 •G\S Y O,• .G ��.• .c^p ; :c,• •�1: c :FAYETTEVILLE: t• BY NAME AND TITLE �� � evi-pRmos, p ,0>r47- City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Department: General Government Division: Aviation & Economic Development Program: Airport Capital Expenditures Date Requested 4/5/2009 Adjustment Number Project or Item Added/Increased: $42,306 in the Building Maintenance account Project or Item Deleted/Reduced: None. To recognize $31,768 in AR Dept of Aeronautics grant funding. None. To use $10,538 of the Airport's fund balance. Justification of this Increase: Will add an additional amount to the project budget for repairs and modifications to the Airport Terminal HVAC control system. The additional budget is needed because the project had to be rebid due to higher than expected bids in the first round that exceeded that Certified Funds amount, and a 10% project contingency amount is added. Justification of this Decrease: The AR Dept. of Aeronautics will provide and 80% cost reimbursement on the project up to $102,000. 20% local match is required on the project. Increase Expense Budget Decrease Revenue Budget) Account Name Account Number Building & grounds maint 5550 3960 Account Name 5400 00 Amount Project Number 42,306 08074 1 Decrease Expense Budget (Increase Revenue Budget) Account Number Amount State grants Use of fund balance 5550 0955 6805 00 Project Number 31,768 08074 1 5550 0955 4999 99 10,538 S. �4— age" Reque i.. Approval Signatures get Manager ars DepartmDirector -Pc„g 4..A.. Fin ce & Inte I -rvices Director ayor 7a(e 7�)/ r(y Date 3—Pt 9 Date 3-3)-o5 Date v/fD/a ate Budget Office Use Only Type: A B C E Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/17/2009 City Council Meeting Date Agenda Items Only Aviation & Economic Development Division Action Required: General Government Department Action Required: A Resolution to award a contract to . Receipt of bid 09-23, Drake Field HVAC )nt411-1 -CAM- rra l-e^r5I Inc., Controls Upgrade: 3/13/2009, 2:00 pm. $87,790 (estimated) Cost of this request 5550.3960.5400.00 Account Number 08074 1 Project Number Budgeted Item 780.00 Category / Project Budget 780.00 Funds Used to Date Remaining Balance Budget Adjustment Attached Airport HVAC Improvements Program Category / Project Name Airport Capital Program / Project Category Name Airport Fund Fund Name Departmifit Dirdctor City Attome NiLkck.tdb+/— D14,1 ate Finance and Internal Services Director '1- 3 -oq Date ate ate 5 Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Comments: *Budget Adjustment submitted with previous Council Item - Consent Agenda #7 State Grant approval 3/3/09 Revised January 15, 2009 3 afrinied' rem Consc.d .' f 4&d 94 Y/y/o9 o9 City Council Meeting of: March 17, 2009 Agenda Item Number. r e iiev Il e AVIATION & ECONOMIC DEVELOPMENT ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: Staff/Contract Review Committee FROM: Ray M. Boudreaux, Director, Aviation and Econ. •• c Development DATE: February 20, 2009 SUBJECT: Approval to Award the Terminal Building AC Repair Project. RECOMMENDATION: Approve Award of the Terminal Building HVAC Repair Project. BACKGROUND: The Aviation and Economic Development Staff will open bids for the Terminal HVAC Repair Project March 13, 2009. A review of the bids will be done by the Engineer and a recommendation to award and bid tab will be presented to the City Council at their meeting March 17, 2009. Time is of the essence as the Arkansas Department of Aeronautics Grant revenue for this project must be spent and all paperwork filed by the end of this FY which is June 30, 2009. BUDGET IMPACT: Funds are available in the Airport Fund to match the Grant proceeds. Total project cost $87,790.00 with 20% or $17,558.00 local match. Attachments: Staff Review Form Bid Tab to be provided 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 • 479.718.7646 FAX • wvvw.accessfayetteville.org/govemment/aviation airport_economic_development@ci.tayetteville.ar.us RESOLUTION NO. A RESOLUTION AWARDING BID #09-23 AND APPROVING A CONTRACT WITH IN THE AMOUNT OF $XX,XXX.XX FOR DRAKE FIELD HVAC CONTROLS UPGRADE. 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 #09-23 and approves a contract with in the amount of $XX,XXX.XX for Drake Field HVAC Controls Upgrade. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 17th day of March, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer McCLEL ND MLECONSULTING ENGINEERS, INC / DESIGNED 10 SERVO 1810 N. College Avenue P O. Box 1229 Fayetteville Arkansas 72703 / 72702-1229 PHONE: 479-443-2377 FAX: 479-443-9241 March 31, 2009 Mr. Ray Boudreaux Airport Departmen City of Fayettev 4500 S. Scho Fayetteville Ave., Suite F R 72701 Re: (rake Field HVAC Controls Upgrade Fayetteville Municipal Airport, Dear Mr. Boudreaux: Bids were received on the above referenced project on Tuesday March 31, 2009, with three Contractors submitting a bid for this project. The low bidder is Multi -Craft Contractors, Inc., of Springdale, Arkansas, in the amount of $ 117,300.00 for the Base Bid amount. A copy of the certified Bid Tabulation is enclosed. The Engineer's estimate of the Construction Cost is also attached and was in the amount of $ 120,000.00. The Bid amount is below the estimated project construction cost. We recommend the City accept the low bid submitted by Multi -Craft Contractors, Inc., for the Base Bid in the amount of $ 117,300.00. If there are any questions regarding the bids or this recommendation, please contact us. Sincerely, MpLELLAND C!NSULTING ENGINEERS, INC. ayn Vice Pr PE Enclosures: Bid Tabulation Cc: Shane Lanning W.\20081082155-0RAKE HVACWORRESPONDENCEIHOURDREAUX-03319 DOC % RESOLUTION NO. A RESOLUTION AWARDING BID #09-30 TO MULTI -CRAFT CONTRACTORS, INC. IN THE AMOUNT OF $117,300.00 FOR DRAKE FIELD HVAC CONTROLS UPGRADE; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $12,336.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $42,306.00. 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 #09-30 to Multi -Craft Contractors, Inc. in the amount of $117,300.00 for Drake Field HVAC Controls Upgrade. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a project contingency in the amount of $12,336.00. Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $42,306.00. PASSED and APPROVED this 7th day of April, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer DEDUCTIIVE ALT. NO.3 Q o O o o I IC CO o O o o m N 0 z DEDUCTIIVE ALT. NO. 2 $ 2,700.00 o 0 co _O N o 0 v N O w cn DEDUCTIIVE ALT. NO. 1 $ 5,400.00 $ 4,000.00 0 O 0 O M el Total Base Bld 09-30 $ 117,300.0QJ $ 179,997.00 0 0 m N N N CONTRACTOR IMulti-Craft Contractors, Inc. Powers of Arkansas [Johnson Controls 0 O 0 O O O N r w Engineer's Estimate aye evi le A&RKANSA,S INVITATION TO BID City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: C'9) 575-8220 INVITATION TO BID BID 09-30, Drake Field HVAC Controls Upgrade Re -Bid DEADLINE: Tuesday, March 31, 2009 at 10.00 AM CST - Room 306 DELIVERY LOCATION: Room 306 -113 W Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforen@cl fayetteville.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT• March 16, 2009 & March 23, 2009 INVITATION TO BID BID 09-30, Drake Field HVAC Controls Upgrade Re -Bid No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled "Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid' with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to fumith & deliver the articles or services as specified, at the prices & terms stated herein, and In strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Multi -Craft Contractors, Inc. Contact Person: Michael Jones Title: Project Manager E -Mall: info@multi-craft.net Phone: 479-751-4330 Business Address: P.o. Box 1760 City: Springdale/ State: AR Zip: 72765-1760 Signature: itlicA s Date: March 31, 2009 City of Fayetteville Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid Page 1 of 9 City of Fayetteville Bid 09-30, Drake Field HVAC Controls Upgrade Re-Bid Bid Pricing Form (must be completed for your bid to be accepted) *NAME OF COMPANY: Multi -Craft Contractors, Inc. 'CONTACT NAME: Michael Jones 'BUSINESS ADDRESS: P.O. Box 1760 *TITLE: Project Manager *E-MAIL ADDRESS: info@multi-craft.net "CITY: Springdale *STATE: AR *zip. 72765-1760 `PHONE: 479-751-4330 FAX: 479/51-4399 'E-MAIL ADDRESS: info@multi-craft. net *TOTAL TURN -KEY BID AMOUNT BASED ON BID 0930: $ 117,300.00 Deductive Alternate #1: 5,400.00 Deductive Alternate #2: 2,700.00 Deductive Altemate #3: N/A P.C. will be provided *Total number of working days estimated to complete project: 4b EXECUTION OF BID - Upon signing this Bid, the bidder certifies that helshe has road and agrees to the requirements set forth In this proposal, including specifications, terms, standard conditions, and any pertinent Information regarding the articles being bld on. Bids must be submitted on this bid form in Its entirety AND accompanied by descrfpdve literature on the products being bit. If specifications of Item bid differ from provided literature, deviation must be documented and certified by tho manufacturer as a regular production option. Unless otherwise noted and explained, tho unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. The Bidder can and will comply with all specification and requirements for delivery, documentation and support as specified herein. Unsigned bids will be rejected. It.. marked • ars mandatory for conslderadon Michael Jones *AUT O IZ BY NT NAME) *AUTHORIZED SI NATURES Project Manager 'TITLE 31 2009 `DATE All bids must be submitted no later then 10:00 a.m.. Central Standard on or before March 31, 2009 to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas, 72701 in a sealed envelope. Each bidder will be required to meet or exceed the specifications attached. Any deviation must be noted with specifications attached to bid. City of Fayetteville, Arkansas 81d 0940, Addendum 2 Page oft CITY OF FAYETTEVILLE INVITATION TO BID Bid 09-30, Drake Field HVAC Controls Upgrade RE -BID The City of Fayetteville is accepting bids from properly licensed professionals to bid on the upgrade of the HVAC equipment, located at the City of Fayetteville Airport Division, 4500 S. School Avenue, Fayetteville, Arkansas 72701. Any questions concerning the bidding process should be addressed to Andrea Foren, City of Fayetteville, Purchasing Agent,at aforennaci.fayetteville.ar.us or by calling (479)575-8220. Bids must be submitted in a sealed envelope or package labeled "Bid 09-30, Drake Field HVAC Controls Upgrade". All bids must be received on or before March 31, 2009 at 10:00 AM, Central Standard Time to the City of Fayetteville, Room 306, 113 W. Mountain, Fayetteville, Arkansas 72701. There will be a non -mandatory pre-bid meeting on Monday, March 23. 2009 at 3:00 PM at the project site, Drake Field, 4500 S. School Avenue, Fayetteville, AR 72701. All interested parties are strongly encouraged to attend. Bidding documents must be obtained at one of the following locations: Southern Reprographics Northwest Arkansas Planning Room 2905 N Point Circle 103-A Apple Blossom Road Fayetteville, AR 72704 Lowell, AR 72745 Phone: (479) 582-4022 Phone: (479) 750-7704. Each bid must be accompanied by a certified check or bid bond, in an amount not less than five (5) percent of the amount bid. An Arkansas Contractors License is required for any bid exceeding $20,000.00. A one hundred percent (100%) performance and payment bond is required with a contract awarded amount of $20,000.00 or more. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local govemments where the Project is located. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises." CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, CPPB, Purchasing Agent City of Fayetteville Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid. Page2of9 City of Fayetteville Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid General Bid Information and Requirements 1. All bids shall be submitted in a sealed envelope, labeled "Bid 09-30, Drake Field HVAC Controls Upgrade" and must be submitted on forms acquired by the vendor from the City of Fayetteville or Northwest Arkansas Plan Room. 2. Bids with missing pages or missing any requested attachment will be deemed incomplete. 3. The item bid and the bid number shall be stated on the face of the sealed bid envelope and any mailing packaging that is sent. 4. Bids received after the date and time set for receiving bids will not be considered. 5. The City reserves the right to accept or reject any or all bids, waive informalities in the bidding and make a bid award deemed to be in the best interest of the City. 6. 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. 'Faster payment is offered through acceptance of Visa. 7. All products and services delivered shall comply with applicable standards of quality. 8. Any exceptions to the specification requirements of the City of Fayetteville must be noted on the Bid Pricing Form. 9. Prices shall include all labor, materials, overhead, profit, insurance, etc., to cover the completion of the project being bid. 10. Failure to deliver on or before the time specified in the contract may subject the contractor to payment of damages or other appropriate sanctions. 11. Copy of any warranties 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. 12. 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. 13. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. 14. The request for 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. 15. If products and/or components other than those described in this bid document are proposed, the bidder must include complete descriptive literature and technical specifications. All requests for additional information must be received within five working days following the request. 16. Bids must be received by mail or hand delivery in the Purchasing Office, Attention: Andrea Foren, Room 306, 113 W. Mountain St. Fayetteville, AR 72701, on or before the time of closing listed on the City of Fayetteville Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid Page 3 of 9 face of the bid. 17. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at (479) 575-8220 to insure receipt of their bid documents prior to opening time and date listed on the bid form. 18. Bidder must conform to the requirements listed below and include appropriate evidence for each. Proof of appropriate insurance must be provided before work begins and is not required for bid opening. a. Workers Compensation as required by Arkansas State Statutes b: Bidder shall have general liability insurance as required at a minimum of $500,000.00 c. A bid bond of five percent (5%) must be submitted with all bids. A cashier's check for five percent (5%) of the amount bid will also be acceptable as a replacement to a bid bond. In the event a cashiers check is submitted AND that vendor is awarded the bid, the bid bond will not be returned until the City of Fayetteville has a valid one hundred (100) percent performance bond. 19. A one hundred percent (100%) performance bond is required after the project has been approved by City Council. Work shall not begin until the City of Fayetteville has a valid 100% performance bond. Bidder is responsible for filling a copy of the 100% performance bond with .the Washington County Clerks Office. 20. Contractor will be required to work with the project manager on a timeline for completion that will allow the City to best meet heating and air issues. The contractor is responsible for notifying the project manager of any date and time any existing unit(s) will be inoperable. 21. Any discrepancy between the specifications and plans should be brought to attention immediately, in writing, to Andrea Foren at aforen as ci.favetteville.ar.us 22. Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. Contractor shall be responsible for obtaining approved parts at no additional cost to the City of Fayetteville. 23. Price bid shall include first year of warranty, including but not limited to parts and labor, at no additional cost to the City of Fayetteville. 24. Attachment A, which contains specifications & drawings,is included in this bid packet. 25. NOTE: Any uncertainties shall be brought to the attention to Andrea Foren immediately via telephone (479.575.8220) or e-mail ( aforenQ ci.favetteville.ar.us ). It is the intent and goal of the City of Fayetteville Purchasing Division to provide bid packets that provide a clear and accurate understanding of the scope of work to be completed. We encourage you to ask questions to enable all bidders to be on equal bidding terms & documents. City of Fayetteville Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid Page 4 of 9 City of Fayetteville Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid Statement of Disclosure (submit with bid) ATTENTION: This form must be completed and returned in order for your bid to be eli s ible for consideration. DISCLOSURE STATEMENT Bidder must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a.relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID: 1.) I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and 2.) My organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Michael Jones Signature March 31, 2009 Date City of Fayetteville Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid Page 8 of 9 Bid 09-30, Addendutn 1 Date: Tuesday, March 24, 2009 To All Prospective .Vendors aye From: Andrea Foren, CPPB — 479.575.8220 — aforenAci.favetteville.acus RE: Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid e ARKANSAS This addendum is hereby made. a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification. Addendum shall be.attached to the inside cover of the bidding documents, signed, and dated. Bid 0930, has the following modifications and clarifications: 1) The following attachments are hereby made a part of the contract documents Bid 09- 30, Drake Field HVAC Controls Upgrade Re -Bid. City of Fayetteville, Arkansas BId 09-30, Addendum 1 Page 1 of 3 Acknowledge Addendum #1: Printed Name: �Michael Jones Signature: Title: Project Mgr Date: 3/31/09 Company: Multi -Craft Contractors, Inc. Bid 09-30, Addendum 2 Date: Wednesday, March 25, 2009 To: All Prospective Vendors aye . eVl_ _e ARKANSAS From: Andrea Foren, CPPB — 479.575.8220 — atoret, ci,favettevilie.ar.us gg: Bid 09 30, Drake Field HVAC Controls Upgrade Re -Bid This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein: Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification. Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. Bid 0940, has the following modifications and clarifications: 1) Please see the updated bid form on page 2. This bid form must be submitted with your bid. Do pot use the bid form included with the original bid packet. 2) . Five percent (5%) bid bond shall be based off of the "Total Turn -key Bid Amount". 3) Deductive aBemates shall be listed as the amount to remove from the "Total Turn -Key Bid Amount". 4) Bid evaluation shall be based on "Total Turn -Key Bid Amount" unless all bids exceed 25% above the amount of funds certified for the project. In the event all bids exceed this amount, deductive alternates shall be taken In numerical order. a. For example;if all bids exceed the amount certified plus 25%, the City would evaluate all bids figured by the Total Tum -Key Bid Amount" less `Deductive Alternate 1'1. The same process. will be used through Deductive Altemate 3 until at least one (1) bid falls within the 25% added to the certification of funds. 5) Deductive Alternate #1 shall be defined as: The cost to remove the work for replacing the existing supply air dampers at air handling units AC -1, AC -2 and AC -3. In lieu of replacing these dampers the existing dampers may be reused and new actuators Installed for control. These dampers are shown in details Al B and C on sheet M2.2. 6) Deductive Alternate #2 shall be defined as: cost to remove all work related to Test Adjust and Balance (TAB) of existing air and hydronic systems. This shall include all work noted in specification section 15951, 'Testing, Adjusting and Balancing". 7) Deductive Alternate #3 shall be defined as: the cost to remove the operator workstation (control PC, color monitor, mouse & keyboard) and all associated color graphics from the base bid price The operator workstation is noted in paragraphs 1.4A and 2.3A of specification section 15900, and is specified in paragraph 2.3C1 and 2.3C2 of the same section. This color graphics are noted in paragraphs 2.3D1 thru 5 of section 15900. City of Fayetteville, Arkansas • Bid 09-30, Addendum 2 Pagel of 2 Acknowledge Addendum #2: Printed Name: Michael Jones Signature: Title: Project Mgr. Date: 3/31/09 . Company: Multi -Craft Contractors, Inc.' 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 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 Bid 09-30, Drake Field HVAC Controls Upgrade Re -Bid ("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 31st day of March, 2008. MULTI -CRAFT CONTRACTORS, INC. (Principal) By: V cc. PR51 parte Travelers Casualty and Surety Company of America By: / r Marilyn ite, Attorney -in -Fact ST PAUL Wir TRAVELERS Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID W1711OUT THE RED BORDER POWER OF ATTORNEY Farmington Casually Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 217535 Sl. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United Slates Fidelity and Guaranty Company Certificate Na. 0 010 6 9 4 6 5 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized unde the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations du y organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America am corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the Laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the Taws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Danna Carol Freeman, Darby Barton, Bill Brookshire, Warren T. Baldwin Jr., and Marilyn White of the City of Fayetteville State of Arkansas their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is narned above, to sign. execute, seal and acknowledge any and all bonds, recogniznnces, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of-guamnteeing the fidelity of persons, guaranteeing the performance of i contrails and executing or guaranteeing bonds and undertakings requited or per�sltfc4%n an mi4ss o�dfocecdings allowed by law. ,lJ J 43 IN WITNESS WHEREOF, the Companies have caused this instnyr(elrrt�to"� •�"' th, f cc morale seals to be hereto affixed. this 7th day of August 2006 ra.e. - F Farmington Casualty Cm( 3' "�O Fidelity and Guarenty)bsnranc(p panAL Fidelity and Guaranty Inti p e*Underwtlters, Inc. Seaboard Surely Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: On this the 7th day of August 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casually Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-6-06 Printed in U.S.A. Mau C. Teucuult, Notary _Public WARNING: THIS POWER OF ATTORNEY 15 INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Ibis Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Pidetity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, 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 an 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 seat 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; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Charman, 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 mom officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, 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; and it is FURTHER RESOLVED, 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 Attomeys-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 on the Company in the furore with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Famangton Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fut and Marine Inst Cpmpan St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Su en ;Ind United Sites Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powe tttomeycx ee Companies, which is in full force and effect and has not been revoked. 1 dd''iiiit99 IN TESTIMONY WHEREOF, 1 have hereunto set my hand a$$Jhpi rs oTi1dc Ames day off -'-W 20 3i pIA soic0-11olg` Kori M. Johann Assistant Secretary" To verify the authenticity of this Power of Attorney, call 1-800421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVAUD WRHOVT THE RED BORDER Clarice Pearman - Res. 74-09 From: To: Date: Subject: CC: Attachments: Clarice Pearman Boudreaux, Ray 4.13.09 5:28 PM Res. 74-09 Audit; Fell, Barbara Audit; Fell, Barbara Page 1 of 1 Ray: Attached is a copy of your agenda item passed by City Council regarding Multi -Craft Contractors, Inc. I will forward to Budget & Research your budget adjustment. I am forwarding to you one of two signed agreements. Please let me know if there is anything else needed for this item. Have a good day. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearma n@ci.fayetteville. ar. us • file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49E3764CFA... 4.13.09 • • PAYMENT AND PERFORMANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No.: 105266385 KNOW ALL PERSONS BY THESE PRESENTS, That we, Multi -Craft Contractors, Inc., as principal, (hereinafter called the "Principal"), and Travelers Casualty and Surety Company of America, a Connecticut corporation, as surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Fayetteville, as Obligee, in the sum of One Hundred Seventeen Thousand Three Hundred & 00/100---- Dollars ($117,300.00) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal has entered into a Contract with Obligee dated April 7, 2009, to perform construction work for Drake Field, HVAC Controls Upgrade ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform the Construction Work to be performed under the Contract, and shall promptly make payment to Claimants, as hereinafter defined, for all labor and material actually used, consumed or incorporated in the performance of the Construction Work under the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Surety's obligations hereunder to Obligee shall not arise unless Principal is in default under the Contract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for failing to perform the Construction Work; and Obligee has performed its obligations under the Contract. In such event, Surety shall have a reasonable period of time to: 1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons therefor. 4. The Contract balance as defined below, shall be credited against the reasonable construction cost of completing the Construction Work to be performed under the Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable construction cost of completing the Construction Work exceeds the Contract balance, Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount of this bond. If Surety completes the work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the Construction Work to be done under the Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract. To the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract balance" as used herein shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as used herein shall mean the providing of all labor and/or material necessary to complete Principal's Payment and Performance Bond - Page 1 of 3 • • scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work. 5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after Principal ceased performing the Construction Work, excluding warranty work. If the public works bond statutes in the location where the Construction Work is being performed contains a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shall commence to run no later than (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work, excluding warranty work, whichever occurs first. 6. A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or material is actually used, consumed or incorporated in the performance of the Construction Work under the Contract. 7. Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or material supplied by Claimant which was actually used, consumed or incorporated in the performance of the Construction Work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or supplied the last labor and/or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 8. No suit or action shall be commenced hereunder by any Claimant after the expiration of the earlier of: (a) one year after the day on which Claimant last supplied the labor and/or materials for which the claim is made; or (b) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant last supplied the labor and/or materials for which the claim is made. 9. No suit or action shall be commenced hereunder by Obligee or any Claimant other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 10. The amount of this bond shall be reduced by and to the extent of any payment or payments made by Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or otherwise in discharge of Principal's obligations. Surety's liability hereunder to Obligee and all Claimants is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Surety may, at its option, discharge all obligations under this bond by interpleading into the registry of any court of competent jurisdiction of the full unused penal sum of this bond, or such portion thereof that will satisfy the obligations owed to Obligee and/or Claimant(s). No right of action shall accrue on this bond to any person or entity other than Obligee and/or Claimant(s). The bond shall not afford coverage for any liability of Principal for tortious acts, whether or not said liability is direct or is Payment and Performance Bond - Page 2 of 3 • • imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. 11. This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed. Except as provided in paragraphs 5 and 8 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this 8th day of April, 2009. Multi -Craft Contractors, Inc. (Principal) By: Travelers Casualty and Surety Company of America By: MarilyAttorney-in-Fact Payment and Performance Bond - Page 3 of 3 • e ST PAUL wow TRAVELERS WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217535 SI. Paul Guardian Insurance Company S1. Paul Mercury Insurance Company Travelers Casually and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate Na. 001069467 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under he laws of he S ate of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and 5 rety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the Stat of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively call d the "Companies"), and that the Companies do hereby make, constitute and appoint Danna Carol Freeman, Darby Barton, Bill Brookshire, Warren T. Baldwin Jr., and Marilyn White of the City of Fayetteville State of Arkansas their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theiubusiness oLguaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per ttedlin anya tions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instruimenjito b®gned,aannd thei corporate seals to be hereto affixed this nth day of August 2006 Iv Farmington Casualty Co ny"�� 13�� 0 Fidelity and GuarantylosurancetCom ® b Fidelity and Guaranty Insu` nce Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casually and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: On this the 7th day of August 2006, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-6-06 Printed in U.S.A. pnui C. .1.e�ntOuR* Marie C. Tetreauh, No ary Public WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORD CERTIFICATE OF LIABILITY INSURANCE OPID MV MOLTI-2 DATE (MMND YYYY) 04/08/09 TYPE OF INSURANCE PRODUCER Regions Insurance, Inc. (Fay) 1465 E. Joyce Blvd, Suite 205 Fayetteville AR 72703 Phone:479-684-5250 Fax:479-684-5252 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Multi -Craft Contractors, Inc. P. O. Box 1760 2300 Lowell Rd. Springdale AR 72765-1760 INSURER A: Phoenix Insurance Company 25623 GENERAL COMMERCIAL 25615 INSU E B. Charter Oak Fire Ins Co INSURER C: Travelers Indent. co of America 25666 INSURER D: 09/01/09 INSURER E: $1,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TNSK LTR AUU'L NSRC TYPE OF INSURANCE POLICY NUMBER POLICY DATE EFFECTIVE (MM/DD/YY) POLICY EXPIRATION DATE (MM!DD/YY) LIMITS A GENERAL COMMERCIAL LIABILITY GENERAL CLAIMS MADE LIABILITY OCCUR C05902M304PHX 09/01/08 09/01/09 EACH OCCURRENCE $1,000,000 X tr HI PREMISES(EaEMED ocwrence) $100,000 X MED EXP (My one person) $ 5, 000 PERSONAL &ADV INJURY $ 1,000 r 000 GENERAL AGGREGATE $2,000,000 GENL AGGREGATE POLICY LIMIT APPLIES j Co- PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 n 1 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS 8105902M304COF 09/01/08 09/01/09 SINGLE LIMIT sBINEDq $1,000,000 CO COMBINED(Ea X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THANEA AUTO ONLY: ACC $ AGG $ EXCESS/UMBRELLA OCCUR DEDUCTIBLE RETENTION LIABILITY CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ $ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below UB5902M304IND 09/01/08 09/01/09 X TORY LIMIITS ITS 01H - E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000 , 000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS PROJECT: DRAKE FIELD HVAC CONTROLS UPGRADE CERTIFICATE HOLDER CANCELLATION CIOFFA1 City of Fayetteville Purchasing Division 113 W Mountain, Room 306 Fayettevile AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. //44141. v P IA) LOA) ACORD 25 (2001/08) ©ACORD CORPORATION 1988 • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) /It w/71/ -o1 ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID 02 MULTI -2 DATE REDUCED BY PAID CLAIMS. (MM DD YYY) 04/15/09 IDU L NSRD PRODUCER Regions Insurance, Inc. (Fay) 1465 E. Joyce Blvd, Suite 205 Fayetteville AR 72703 Phone:479-684-5250 Fax:479-684-5252 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERSAFFORDINGCOVERAGE NAIC# INSURED Multi -Craft Contractors, Inc. P. O. Box 1760 2300 Lowell Rd. Springdale AR 72765-1760 INSLRERA- Phoenix Insurance Company 25623 GENERAL COMMERCIAL 25615 INSURERB-. Charter Oak Fire Ins Co INS ER c: a.e.d.n. term. Co .f karmic. 25666 INSURERD: INSURER E'. $1,000,000 AGES TIE POLICIES OF INSURANCE LISTED BELOW HAVE ANY REQUIREMENT. TERM CR CONDITION OF ANY CONTRACT MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN BEEN ISSUED TO THE INSURED NAMED ABOVE CR OTTER DOCUMENT WITH RESPECT DESCRIBED HEREIN IS SUBJECT FOR TIE POLICY PERIOD INDICATED. NOTWITHSTANDING TO WHICH THIS CERTIFICATE MAY BE IGI:A FD OR TO ALL TIE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH REDUCED BY PAID CLAIMS. Nem LTR IDU L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY LFItCTIVE -POLICY DATE (MMIDD/YY) EXPIRATION DATE (MM/DDM') LITS A GENERAL COMMERCIAL LIABILITY GENERAL CLAIMS MACE LIABILITY OCCUR CO5902M304PHX 09/01/08 EACH OCCURRENCE $1,000,000 X 09/01/09 PROEMISES(Eeoccurerwe) $100,000 X MED EXP (Pry one person) $ 5 , 000 PERSONAL8 ACV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $2,000,000 GENU AGGREGATE POLICY LIMIT APPLIES PER: Ppo- nJECTn LOC PRODUCTS- COMP/OP AGG $2,000,000 8 AUTOMOBLLE ANY AUTO ALL OWED SOEDULED HIRED AUTOS LIABLLITY AUTOS AUTOS AUTOS 8105902M304COF 09/01/08 09/01/09 COMBINED SINGLE LIMIT (Ee sodded)31,000,000 X BODILY INJURY {Per person) $ X BODILY INJURY (Per acciderX) $ X NON -OWNED PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTOOTTER AUTO ONLY - EA ACCIDENT $ THAN AUTO ONLY: EA ACC $ ANY AGG EXCESSAIMBRELLA LIABILITY CLAIMS MADE EACH OCCURRENCE $ OCCUR AGGREGATE $ $ $ DEDUCTIBLE $ $ RETENTION WORKERS COMPENSATION AND WORKERS LIABILITY EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICQLMEMBER EXCLUDED? 11 yyes, descnbe Tref SPECIALPROVISIONSDebw UB5902M304IND 09/01/08 09/01/09 X TORY LIMITS 01H - E EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E.L.DISEASE- POLICYLIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS PROJECT: DRAKE FIELD HVAC CONTROLS UPGRADE ERTIFICATE HOLDER CANCELLATION CIOFFA1 City of Fayetteville Purchasing Division 113 W Mountain, Room 306 Fayettevile AR 72701 SHOULD DATE NOTICE NPOSE ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING NSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FALURE TO DO 80 SHALL NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR ']RRE/,P('RESENTRIZEDAAATTyIVES. (I4A4At 4aa " TALE ACORD 25 (2001/08) ®ACORD CORPORATION 1988 Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only Aviation & Economic Development General Govemment Division Action Required: 5j/z1oi Cot Art-Narks oarks Department Action Required: Review and approve Change Order #1 with AirWorks, Divison of Multi -Craft Contractors, Contact: Michael Jones, PO Box 1760 Springdale AR 72765; 751-7411; 751-0316 Fax; mwj@multi-craft.net, comprising various additional items to the Contract for HVAC Controls upgrade. $5,233.00 Cost of this request 5550.3960.5400.00 Account Number 08074 1 Project Number Budgeted Item •era X men t Di tor 130,876.00 Category / Project Budget 118,555.00 Airport HVAC Improvements Program Category / Project Name Airport Capital Funds Used to Date Program / Project Category Name 12,321.00 Airport Fund nr7 City Attorney Remaining Balance Fund Name Budget Adjustment Attached F'i nce and Internal Services Director Date Previous Ordinance or Resolution # 74-09 Original Contract Date: 3/3/2009 4.041 Original Contract Number: Date S _ t l - 2•409 Date efofS Date ay ate 2083 Received in Mayor's Office Comments: Revised January 15, 2009