HomeMy WebLinkAbout135-10 RESOLUTIONRESOLUTION NO. 135-10
A RESOLUTION AWARDING BID #10-47 AND AUTHORIZING A
CONTRACT WITH KING ELECTRICAL SERVICES FOR TIME AND
MATERIALS RELATED TO MISCELLANEOUS ELECTRICIAN SERVICES
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
#10-47 and authorizes a contract with King Electrical Services for time and materials related to
miscellaneous electrician services.
PASSED and APPROVED this 3rd day of August, 2010.
APPROVED: ATTEST:
By:
By cielovvou.d.aak,
SONDRA E. SMITH, City Clerk/Treasurer
'
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OF•r.
' Cid
is :FAYETTEVILLE:
Peggy Vice
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/3/2010
City Council Meeting Date
Agenda Items Only
Purchasing
Division
Action Required:
Finance & Internal Services
Department
Award of Bid 10-47 for Miscellaneous Electrical Services to King Electrical Contractors and approval of a time and
materials contract.
City Wide as Needed
Cost of this request
Miscellaneous
Account Number
N/A
Project Number
Budgeted Item
X
N/A
Category / Project Budget
$
Miscellaneous
Program Category / Project Name
Miscellaneous
Funds Used to Date Program / Project Category Name
Miscellaneous
Remaining Balance Fund Name
Budget Adjustment Attached
(Jt•rr 11tL
Depa =■ Director
orney
ykuPcie-
/41 0 Previous Ordinance or Resolution #
Date
% /�j' / Original Contract Date:
-/ [ '-! Q Original Contract Number:
Date
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Fina and Internal Services Director Date
Chief o
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-7-11'10
Date
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D e
Received in City 07-1 1--10P03 :35 RCVD
Clerk's Office
Comments:
Revised January 15, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Paul Becker, Finance & Internal Services Director
From: PeggyVice, Purchasing Manger 1u=Q
Date: July 16, 2010
Subj: Electrical Services Contract
Recommendation
Staff recommends award of Bid 10-47 for Electrical Services and approval
of a contract with King Electrical Contractors.
Background
Electrical contracts are bid for a contract period of one year with an
automatic option to renew unless cancelled for four additional years. This
bid is utilized by all departments on an as needed basis. Electrical projects
that are $20,000 or over require separate Council approval.
Discussion
Bids were received from five vendors. King Electrical Contractors is the
lowest bidder. King Electrical Contractors has been the low bidder and
awarded the contract for the last two contract terms. They are familiar with
the City's buildings, policies and invoice and payment procedures.
RESOLUTION NO.
A RESOLUTION AWARDING BID #10-47 AND AUTHORIZING A
CONTRACT WITH KING ELECTRICAL SERVICES FOR TIME AND
MATERIALS RELATED TO MISCELLANEOUS ELECTRICIAN SERVICES
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
#10-47 and authorizes a contract with King Electrical Services for time and materials related to
miscellaneous electrician services.
PASSED and APPROVED this 3rd day of August, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SNIITH, City Clerk/Treasurer
City of Fayetteville
Bid 10-47, Electrical Contractor
Contract
This contract executed this 1BIL day of
2010, between the City of Fayetteville, Arkansas,
113 W Mountain, Fayetteville, Arkansas, 72701 and Ding Electrical Contractors.
In consideration of the mutual covenants contained herein, the parties agree as follows:
1. King Electrical Contractors 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 10-47 as stated in King Electrical Contractors bid
proposal, and in accordance with specifications attached hereto and made a part hereof under Bid # 10-
47, 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 King
Electrical Contractors 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 King
Electrical Contractors consist of this Contract and the following documents attached hereto, and made a
part hereof:
A. Bid form identified as Invitation to Bid 10-47 with the specifications and conditions typed
thereon.
B. King Electrical Contractors 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 King
Electrical Contractors and may be modified only by a duly executed written instrument signed by the
City of Fayetteville and King Electrical Contractors.
5. King Electrical Contractors shall not assign its duties under the terms of this agreement.
6. King Electrical Contractors 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 King
Electrical Contractors 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. King Electrical Contractors 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,
City of Fayetteville, AR
Bid 10-47, Electrical Contractor — CONTRACT
Page 1 of 3
King Electrical Contractors 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 King Electrical Contractors.
8. King Electrical Contractors shall furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or King Electrical Contractors 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 Washington County, 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:
City of Fayetteville, AR
Bid 10-47, Electrical Contractor — CONTRACT
Page 2 of 3
According to Arkansas law, it is understood that no liens can be filed against publr property if 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 3 a DAY OF
ATTEST: COMPANY SECRETARY
BUSINESS ADDRESS
KING ELECTRICAL CONTRACTORS, INC.
2145 W. MOORE LN.
FAYETTEVILLE, AR 72704
CITY OF FAYETTEVILLE,
F , ETTEVILLE, ARKANSAS
NELD r. AN, Mayor
Attest:
Sondra Smith, City Clerk
•«fir `�Y ��(••4 .t1/r/i
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FAYETTEV[LLE;
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CONTRACTOR: King Electrical Contractors
BY a%f /-
NAME AND 'I 'LE
City of Fayetteville, AR
Bid 10-47, Electrical Contractor— CONTRACT
Page 3 of 3
1.e City of Fayetteville, Arkansas
aye
Purchasing Division .--Room 306
Fayetteville, AR 72701
ARKANSAS Phone: 479.575.8220
113 W. Mountain
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID
INVITATION TO BID: BID 10-47, ELECTRICAL CONTRACTOR
DEADLINE: Thursday, July 15, 2010 at 2:00 PM, Central Standard Time
DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Andrea Foren, CPPB, afore(aci.fayetteville.ar.us, 479.575.8220
DATE OF ISSUE AND ADVERTISEMENT: Thursday, June 24 & Thursday, July 1, 2010
INVITATION TO BID
BID 10-47, ELECTRICAL CONTRACTOR
No late bids will be accepted. All bids shall be submitted in sealed envelopes labeled "Bid 10-47, Electrical
Contractor" 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. Any bid, proposal, or statements of qualification
will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies.
The undersigned hereby offers to furnish & 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: 1" 2 !'VLb-/ec �frra.l ),1-/-6,-,-/-01-;'
Contact Person: (2-(1-s ky
Title: 004-16-/`
E -Mail: (-h (a, 0 -ad eleol116-.r,.)- Phone: q?/-04/3-6Poo
Business Address: Moorc ti a. -t -c-
City: y---# /f c
Signature: , Date: 7- /0
State: 4-1,-A G, Zip: '7? 2 0'1
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 1 of 20
City of Fayetteville
Bid 10-47, Electrical Contractor
Technical Specifications
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 July 15, 2010, per the attached
specifications. This price agreement shall commence upon award of contract and end one (1) year
thereafter with the option to renew for an additional four (4) one year periods.
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.
1.5 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.
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 10-47 Electrical
Contractor".
3.2. ALL BIDS SHALL 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.
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 2of20
3.3. The Bidder(s) are to submit their bid on attached FORMS, 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.
42. 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 for 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 personnel at 479.575.8220.
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
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 3 of 20
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
5.3. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
5.4. Other Insurance Provisions
1) Commercial General Liability and Automobile Liability Coverages
a) 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, 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.
b.) 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.
c.) 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 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.
4) Acceptability of Insurers: Insurance is to be placed with Arkansas admitted insurers rated B+X or
better by A.M. Best's rating service.
5) Verification of Coverage: Contractor shall furnish 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 its behalf. The
certificates and endorsements are to be received and approved by the City before work commences.
6) Subcontractors: Contractor shall include each of its subcontractors as insured under the policies of
insurance required herein.
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 4of20
7) 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.
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 earnedup 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.
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:
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 5 of 20
Please direct any inquiries to Andrea Foren at (479) 575-8220. 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 via addenda.
10.0 EXTENSION OF CONTRACT
This contract may be extended by mutual agreement for a period of four (4), one (1) year periods;
automatically, 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 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 (4) 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, with an emphasis or Class Description
for electrical work.
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:
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 6 of 20
A notice of intent of bid protest shall be made in 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.
16.0 FAMILIARITY WITH LAWS
The Bidder is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations
that in any manner affect the work. Ignorance on the part of the Bidder will in no way relieve him from
responsibility of compliance with all said laws, ordinances, rules and regulations.
17.0 ASSESSMENTS AND TAXES
The 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
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 7 of 20
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 an Electrical Contractor to provide labor, material and equipment to perform
repairs/new installations, to various City buildings. The City reserves the right to bid any job. No single job may
exceed $20,000 without City Council approval PRIOR to any work being completed.
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 availabl e 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.
Alf 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.
The past year electrical award history, which resulted from this contract is as follows:
2006 = $32,670.64
2007 = $84,163.83
2008 = $66,535.89
2009 = $59,195.78
2010 = $32,909.58 (through April, 2010)
TOTAL = $275,475.72
Quotes and Estimates:
With the exception of emergency situations, as deemed by Purchasing, Contractor shall provide the requesting
City employee with a quote containing the following information: Contractors name, quote number, date of
quote, amount of expected materials to be invoiced, number of expected hours for each discipline of labor
(journeyman, etc.) as well as any equipment rental charges.
In the event the Contractor believes the project could come close to $20,000 he should immediately notify the
City employee requesting the work AND Andrea Foren or other Purchasing Division staff.
Invoices:
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 8 of 20
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 unless the invoice is being paid via Visa.
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 by
City Council to any amendments made to the contract.
Bid and Performance Bond:
A five (5%1 percent bid bond shall be submitted with each bid. The bid bond shall be based on the total
estimated cost of the bid as indicated on the price proposal document. Upon contract award a 100%
performance & payment bond shall 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 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.
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 9of20
City of Fayetteville
Bid 10-47, Electrical Contractor
General Terms and Conditions
1. All interested parties shall return the form titled "Statement of Disclosure" with bid or proposal documents.
2. 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.accessfayetteville.orq). Bids with missing pages or missing any
requested attachment are subject to being deemed incomplete.
3. The item bid and the bid number shall be stated on the face of the sealed bid envelope.
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 formalities in the bidding and make a bid
award deemed to be in the best interest of the City.
6. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any
manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way
affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of
misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of
the contract. No representations shall be binding unless embodied in the contract.
7. 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.
8. 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.
9. All products delivered shall comply with applicable standards of quality.
10. Any exceptions to the specification requirements of the City of Fayetteville must be noted on the Bid Form.
11. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the furnishing
of the items bid. Sales tax is not to be included in the bid price. Applicable Arkansas sales tax laws will apply
to this bid, but will not be considered in award of the bid.
12. 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.
13. 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.
14. 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.
15. The City reserves the right to request any additional information it deems necessary from any or all bidders after
the submission deadline.
16. 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.
17. 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
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 10 of 20
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.
18. 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 the time of closing listed on the face of the bid. No bids shall be
accepted via e-mail or fax.
19. 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.
20. Items bid must be delivered FOB City of Fayetteville Transportation Division, 1455 S. Happy Hollow Road,
Fayetteville, AR 72701. Units must be fully assembled, serviced, and ready for operation as delivered unless
otherwise specified. No dealer/distributor logo or other identification will be installed other than standard
manufacturer name badges and specification plates.
21. Any discrepancy between the specifications and plans should be brought to attention immediately, in writing, to
Andrea Foren at aforenci.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, design,
and specification as to what has been specified, will be acceptable for consideration only if approved by the City
of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested
equal. •
23. Price bid shall include warranty, including but not limited to parts and labor, at no additional cost to the City of
Fayetteville, as specified herein.
24. NOTE: Any uncertainties shall be brought to the attention to Andrea Foren immediately via telephone
(479.575.8220) or e-mail ( aforen@ci.fayefteville.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 and/or goods to be provided. We encourage all interested parties to ask
questions to enable all bidders to be on equal bidding terms & documents.
25. "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."
26. The City of Fayetteville shall take ownership of product when products bid arrive undamaged at the specified
shipping location.
27. ANY EXCEPTION TAKEN TO THESE SPECIFICATIONS AND BID DOCUMENTS SHALL BE NOTED ON
THESE DOCUMENTS. BIDDERS SHALL NOTE THE DIFFERENCE NEXT TO THE RELATED
SPECIFICATION. THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT EXCEPTIONS TO
SPECIFICATIONS.
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 11 of 20
City of Fayetteville
Bid 10-47, Electrical Contractor
Bid Proposal Form (shall be submitted with bid)
This page becomes an integral part of the proposal submitted
by / 11�1�y jC-/rrGt.
c• (Vendor/Company Name)
The undersigned proposes to furnish and deliver, in accordance with the requirements of the Instructions to
Bidders and the Specifications issued June 24, 2010, 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 10-47.
Item numbers below refer to the same numbered paragraph of the Instructions to Bidders and the Specifications.
II. INSTRUCTIONS TO BIDDERS:
1.1. Prices shall include labor, supervision, materials, equipment, transportation and services necessary to
do a top quality job. YES t/- NO
1.2. Discounts offered: 11. o n t.
1.3. Condition of Bid FIRM? YES f NO
SUBJECT TO ESCALATION ' `'
Method of Escalation, if applicable tit n e
BIDS MUST BE FIRM FOR ACCEPTANCE FOR 90 Days
Bid is Firm ' c2 Days Weeks
1.4. Bidder will accept total bid only? YES V NO
(or any portion of bid award) YES NO e"---
3.3.
%3.3. Bidder has submitted an original bid document? YES NO
5.0. Bidder will provide Workman's Compensation Insurance as outlined? YES r� NO
Bidder will provide General Liability Insurance as outlined? YES r/' NO
Bidder will provide Automobile Coverage as outlined? YES ✓ NO
This page becomes an integral part of the proposal submitted
by Ki eh r f/r G / k / a I
Lf-
(Vendor/Company Name)
11.0. Bidder will indemnify the City of Fayetteville? YES VNO
12.0. Bidder has included qualification and experience information as required?
YES VNO
18.0. PURCHASES BY OTHER PUBLIC AGENCIES:
City of Fayetteville, AR
Bid 10-47, Electrical Contractor
Page 12 of 20
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 V. -NO
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA:
ADDENDUM NO. WA DATED
ADDENDUM NO. N 4 DATED
ADDENDUM NO, Ill 4- DATED
This page becomes an integral part of the proposal submitted
by /1'1'16- m'6- 6./i
(Vendor/Company Name)
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.
City of Fayetteville, AR
Rid 10-47, Electrical Contractor
Page 13 of 20