HomeMy WebLinkAbout136-10 RESOLUTIONRESOLUTION NO. 136-10
A RESOLUTION AWARDING BID #10-48 AND AUTHORIZING A
CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC. FOR TIME AND
MATERIALS RELATED TO MISCELLANEOUS PLUMBING 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
#10-48 and authorizes a contract with Multi -Craft Contractors, Inc. for time and materials related
to miscellaneous plumbing services.
PASSED and APPROVED this 3`d day of August, 2010.
APPROVED:
By:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
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 10-48 for Miscellaneous Plumbing Services to Multi -Craft Contractors Inc. 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
Remaining Balance
Budget Adjustment Attached
Date
Miscellaneous
Fund Name
/ 0 Previous Ordinance or Resolution #
61—
Original Contract Date:
` ( Original Contract Number:
Date
Finan and Internal Services Director
Date
110'0
Chie
Ma or
Date
7/,/v
Date
Received in City 07-16-10P03:36 RCVD
Clerk's Office
Revised January 15, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Paul Becker, Finance & Internal Services Director
From: Peggy Vice, Purchasing Manger
Date: July 16, 2010
Subj: Plumbing Services Contract
Recommendation
Staff recommends award of Bid 10-48 for Plumbing Services and approval
of a contract with Multi -Craft Contractors Inc.
Background
Plumbing 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. Plumbing projects
that are $20,000 or over require separate Council approval.
Discussion
Bids were received from two vendors. Multi -Craft Contractors Inc. is the
lowest bidder. Multi -Craft Contractors Inc. 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 #10-48 AND AUTHORIZING A
CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC. FOR TIME AND
MATERIALS RELATED TO MISCELLANEOUS PLUMBING 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
#10-48 and authorizes a contract with Multi -Craft Contractors, Inc. for time and materials related
to miscellaneous plumbing services.
PASSED and APPROVED this 3rd day of August, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville
Bid 10-48, Plumbing Contractor
Contract
This contract executed this 30.d.ay of , 2010, between the City of Fayetteville, Arkansas,
113 W Mountain, Fayetteville, Arkansas, 72701 and ulti-Craft Contractors, Inc.
In consideration of the mutual covenants contained herein, the parties agree as follows:
1. 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 10-48 as stated in Multi -Craft Contractors, Inc. bid
proposal, and in accordance with specifications attached hereto and made a part hereof under Bid # 10-
48, all included herein as if spelled out word for word.
2. The City of Fayetteville shall pay for completion of each project based on prices indicated in Multi -Craft
Contractors, Inc. bid proposal. Payments will be made after approval and acceptance of work and
submission of invoice. Payments will be made approximately 30 days after receipt of invoice.
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 10-48 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.
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor — CONTRACT
Page 1 of 3
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 Multi -Craft Contractors, Inc.
8. Multi -Craft Contractors, Inc. to furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or Multi -Craft Contractors, Inc. with 10 days
written notice.
10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
11. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this
contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the
Fayetteville City Council in advance of the change in scope, cost or fees.
12. Jurisdiction: Legal jurisdiction to resolve any disputes must be Arkansas with Arkansas law applying
to the case.
13. Arbitration/Mediation: We will not agree to be forced to mediate or arbitrate any dispute.
14. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest
or penalty for "untimely" payments.
15. Lien Waivers: The contractor shall ensure that the City of Fayetteville receives lien waivers from all
material suppliers, subcontractors, and sub -subcontractors. The contractor shall give written notice to
the material suppliers, subcontractors and sub -subcontractors providing work on the project that states
the following:
`According to Arkansas law, it is understood that no liens can be filed against public 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 of surety ).'
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor — CONTRACT
Page 2 of 3
The contractor shall have each subcontractor and sub -subcontractor and material supplier
execute a written receipt evidencing acknowledgement of this statement prior to commencement of the work
of the subcontractor or material supplier.
WITNESS OUR HANDS THIS DAY OF
ATT
dinotte
Sondra Smith, City Clerk G0RKTgs`14Ya°G)`,
` %c,
:U• •;U'
: FAY ETT EVI LLE
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1-1,7(2°. {vCJ�Co®V
A TEST: COMPAN S CRL+° 'IVR'e
2010.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKAN AS
BY
41°
r ONELD. �'. ' ) AN, Mayor
c 6^ 24
BY .DE N N I S KEL Ly , v
PRINTED NAME AND TITLE
R)IJGDf1- /r2 70)-746
BUSINESS ADDRES
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor — CONTRACT
Page 3 of 3
aye
•
evi
le City of Fayetteville, Arkansas
Purchasing Division — Room 306
113 W. Mountain
Fayetteville, AR 72701
ARKANSAS Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID
INVITATION TO BID: BID 10-48, PLUMBING 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, aforenci.fayetteville.ar.us, 479.575.8220
DATE OF ISSUE AND ADVERTISEMENT: Thursday, June 24 & Thursday, July 1, 2010
INVITATION TO BID
BID 10-48, PLUMBING CONTRACTOR
No late bids will be accepted. All bids shall be submitted in sealed envelopes labeled "Bid 10-48, Plumbing
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: Multi -Craft Contractors, Inc.
Contact Person: Dennis Kelly Title: Executive Vice President
E -Mail: info@multi-craft.net
Business Address:
City: Springdale
Signature:
P.O. Box 1760
Phone: 479-751-4330
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor
Page 1 of 20
2V,4
State: AR Zip: 72765-1760
Date: July 15, 2010
City of Fayetteville
Bid 10-48, Plumbing Contractor
Bid Proposal Form (shall be submitted with bid)
This page becomes an integral part of the proposal submitted
by Multi -Craft Contractors, Inc.
(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 10-48.
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 all labor, supervision, materials, equipment, transportation and services necessary to
do a top quality job. YES X NO
1.2. Discounts
1.3. Condition of Bid FIRM? YES X NO
SUBJECT TO ESCALATION nnuai review of labor rates
Method of Escalation, if applicable concurrent with cost -of -living increases
BIDS MUST BE FIRM FOR ACCEPTANCE FOR 90 Days
Bid is Firm 90 Days Weeks
1.4. Bidder will accept total bid only? YES NO X
(or any portion of bid award) YES X NO
3.3. Bidder has submitted an original bid document? YES X NO
5.0. Bidder will provide Workman's Compensation Insurance as outlined? YES X NO
Bidder will provide General Liability Insurance as outlined? YES X NO
Bidder will provide Automobile Coverage as outlined? YESX NO
This page becomes an integral part of the proposal submitted
by Multi -Craft Contractors, Inc.
(Vendor/Company Name)
X - but with noted execptions - see paragraph 7
11.0. Bidder will indemnify the City of Fayetteville? YES NO
12.0. Bidder has included qualification and experience information as required?
YES X NO
18.0. PURCHASES BY OTHER PUBLIC AGENCIES:
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor
Page 12 of 20
Bidder agrees to extend pricing, terms, and conditions to other public agencies
YES NO X
21.0 RESPONSE TIME
Bidder agrees to have a person on call for emergencies twenty four hours a day?
YES X NO
Bidder agrees to one (1) hour emergency response time?
YES X NO Where applicable
Bidder agrees to two to three day response time for regular calls unless an extension is approved by
City project manager?
YES X NO
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA:
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DA 1'ED
This page becomes an integral part of the proposal submitted
by Multi -Craft Contractors, Inc.
(Vendor/Company Name)
None
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
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor
Page 13 of 20
Bid 10-48, Plumbing Contractor
Bid Pricing Form
Bid 10-48, Plumbing Contractor
Price Details for Contract
Item
Description
Mark Up %
Contractors
Material
Cost
Estimate
Estimated Cost
with Mark Up
1
2
3
4
5
6
Material (Cost plus %) $0-$100
15 %
$1,000
$1,150.00
Material (Cost plus %) $101-$50015
%
$1,000
$ 1,150.00
Material (Cost plus %) $501-$100015
%
$5,000
$ 5,750.00
Material (Cost plus %) $1001-$5000
15 %
$5,000
$ 5,750.00
Material (Cost plus %) $5001 and up
15 %
$15,000
$ 17,250.00
Rental Equipment (Cost plus %)
15 %
$5,000
$ 5,750.00
Estimated Cost for Items 1-6:
$ 36,800.00
p.. {S
Y,fi"4.ry-1s"'1 .k5 rYR.. y3"j,,
,,-�`y�r-,, , -e V,,; }, €� K. t¢'.f ' -r} ..mss° `,.yC� 3 Yh k
lrr,$ ,,.
Estimated
hours
Price /Hour
Estimated Cost
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Journeyman Plumber (Straight time)
100
$ 45.50
$ 4,550.00
Journeyman Plumber (Nights and Weekends)
25
$ 61.50
$ 1,537.50
Journeyman Plumber (Holidays)
10
$ 77.50
$ 775.00
Apprentice Plumber (Straight time)
100
$ 34.00
$ 3,400.00
Apprentice Plumber (Nights and Weekends)
25
$ 46.00
$ 1,150.00
Apprentice Plumber (Holidays)
10
$ 58.00
$ 580.00
Plumber's Helper(Straight time)
100
$ 34.00
$ 3,400.00
Plumber's Helper(Nights and Weekends)
25
$ 46.00
$ 1,150.00
Plumber's Helper(Holidays)
10
$ 58.00
$ 580.00
Foreman/Supervisor (Straight time)
100
$ 50.00
$ 5,000.00
Foreman/Supervisor (Nights and Weekends)
25
$ 67.50
$ 1,687.50
Foreman/Supervisor (Holidays)
10
$ 85.00
$ 850.00
General Laborer (Straight time)
100
$ 34.00
$ 3,400.00
General Laborer (Nights and Weekends)
25
$ 46.00
$ 1,150.00
General Laborer (Holidays)
10
$ 58.00
$ 580.00
Estimated Cost for Items 7-21:
$ 19,530.00
TOTAL COST FOR ITEMS 1-21
$ 56,330.00
**Bid bond required on 5% of "Total Estimated Cost for Items 1-21"
Name of Contractor: Multi -Craft Contractors, Inc.
EXECUTION OF BID -
Bidders are requested to indicate by check mark or "Yes/No" on each line of the Technical Specifications the
compliance of the item bid. Actual specification of any deficient item must be noted on the bid sheet or separate
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor
Page 14 of 20
attachment. If specifications of item bid differ from provided literature, deviation must be documented and
certified by the manufacturer as a regular production option.
Upon signing this Bid, the bidder certifies that:
1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms,
standard conditions, and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements
as specified by The City of Fayetteville.
3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and
support as specified herein.
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM: Multi -Craft Contractors, Inc.
Purchase Order and /Payments shall be issued to this name
*BUSINESS ADDRESS: P.O. Box 1760
*CITY: Springdale
*PHONE: 479-751-4330
*E-MAIL:
*STATE: AR
info@multi-craft.net
*ZIP: 72765-1760
FAX: 479-751-4399
*BY: (PRINTED NAME)
Dennis Kelly
*AUTHORIZED SIGNATURE:
Lt4
*TITLE: Executive Vice President
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor
Page 15 of 20
City of Fayetteville
Bid 10-48, Plumbing Contractor
Statement of Disclosure — To Be Submitted With ALL Bids
This page does not count towards page limitations set forth in this request for proposal or bid.
Proposer 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 OR
PROPOSAL:
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.
Dennis Kelly
Printe Name
Signature
July 15, 2010
Date
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor
Page 16 of 20
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, Arkansas, 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 10-48, Plumbing Contractor ("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 14th day of July, 2010.
Multi -Craft Contractors, Inc.
(Principal)
By:
Travelers Casualty and Surety Company of America
By:
Marilyn ' ite, Attorney -in -Fact
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
ST PA U L POWER OF ATTORNEY
TRAVELERS
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
United States Fidelity and Guaranty Company
Attorney -In Fact No. 217535 Certificate No. 001069510
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under 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 duly 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 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 State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
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 Attorney(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 their, business of.guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pemiitted'in any°actions or proceedings allowed by law.
7th
IN WITNESS WHEREOF, the Companies have caused this instrufrtent;to be signed and their;eorporate seals to be hereto affixed, this
day of August 2006
Farmington Casualty Company
Fidelity and Guaranty i�nsurance,`Companyr, !.,,
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
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,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.
e .
Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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, 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 on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in 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 Attorneys -in -Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, 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 Sqt C, _ jmpaxy��g,,,t'Americ( nd United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the PoweDfy1ttornpy' xecuYed by t(P
s Companies, which is in full force and effect and has not been
revoked. -,+ , V...;
IN TESTIMONY WHEREOF, I have hereunto set my hand and`ii;{i'}xed thesta\s oe sai i meanies this day of 4" :Y , 20 �.
,o-�
Kori M. Johansotr(Assistant Secretary
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -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 INVALID WITHOUT THE RED BORDER
•• Centracters, Inc.
Multi -Craft
July 15, 2010
P.O. Box 1760
2300 N Lowell Rd
Springdale, AR 72765
(479)751-4330
Fax: (479) 7514399
www.multi-craft.net
City of Fayetteville, AR
Bid 10-47, Plumbing Contractor
Experience references:
1. University of Arkansas
On -Call Journeymen,Plumbing
Ongoing, original contract dated in 2005
Contact: Kelley Sharp
Facilities Management
521 Razorback Road
Fayetteville, AR 72701
(479) 575-5470
kesharp cr uark.edu
2. City of Fayetteville
Plumber Contracting Services
Began 2006
Contact:- Larry Rennie
113 W. Mountain St.
Fayetteville AR 72701
(479) 575-8361
lrennie@ci.fayetteville.ar.us
3. Glad Manufacturing
MCC maintains a maintenance office/staff at their facility
Since 1990
Contact: Brian Wilhelm
1700 n. 13TH Street
Rogers AR 72756
479 636-2845
brian.wilhelmAclorox.com
Arkansas Contractors: 0025810311
Arkansas Electrical: M2320
Arkansas HVAC: 135450
Arkansas Plumbing: MP36I3
P.O. Box 1760
2300 N Lowell Rd
Springdale, AR 72765
(479) 7514330
Fax: (479) 7514399
www.multi-craft.net
Multi -Craft Contractors, Inc.
WARRANTY
Example
PROJECT:
Owner:
Contractor:
Arkansas Contractors: 0025810309
Arkansas Electrical: M2320
Arkansas HVAC: 135450
Arkansas Plumbing: MP3613
Multi -Craft Contractors, Inc. warrants to Owner and Contractor that materials
and equipment furnished under the contract will be of good quality and new unless
otherwise required or permitted by Contract Documents; that the work will be free
from defects not inherent in the quality required or permitted, and that the work will
conform to the requirements of the Contract Documents. Components not
manufactured by but furnished by Multi -Craft Contractors, Inc. as part of its
equipment (i.e. motors, starters, thermostats, controls, etc.) will be warranted by Multi -
Craft Contractors, Inc. only to the extent of the component manufacturer's warranty.
Multi -Craft Contractors, Inc. warranty excludes remedy for damage or defect caused
by abuse or modifications by others, improper or insufficient maintenance, improper
operation, or normal wear and tear under normal usage. Multi -Craft Contractors, Inc.
shall not be liable for any loss of profit, loss by reason of plant shutdown, non-
operation or increased cost of operation, loss of product or materials, or other special
or consequential loss or damages. Warranty is valid only in the contiguous United
States.
WARRANTY PERIOD ONE YEAR FROM DATE OF COMMISSIONING
Multi -Craft Contractors, Inc.
Project Superintendent
479-751-4330
City of Fayetteville
Bid 10-48, Plumbing 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 10-48, Plumbing
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 10-48, Plumbing Contractor
Page 2 of 20
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.
4.2. Only the following. information will be given:
a. Vendor name.
b. Total price, except when award is made on a unit price basis or grand total for all or none items.
4.3. Bids or related documents may not be reviewed at the bid opening. No discussion of any nature
concerning brand names, deliveries, samples, etc., can be entered into between any Purchasing
personnel and any Vendor during or after the Bid opening until the evaluation has been completed and .a
recommendation 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 10-48, Plumbing 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 10-48, Plumbing Contractor
Page 4 of 20
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 tho active or passive naturo of any negligence
-City, cxecptae-etherwise-expfessIystaed'tTeretn 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. % K
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 earned up to the date of termination.
The City of Fayetteville's performance and obligation to pay under "Continuing Price Agreement"
contracts is contingent upon an annual appropriation by the City Council.
7.0. QUANTITIES:
The City anticipates purchasing $50,000 of services during the contract period. This quantity is
approximate and represents the estimated requirement for the contract period.
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 10-48, Plumbing 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.
10.0 EXTENSION OF CONTRACT
This contract may be extended by mutual agreement for a period of four (4), one (1) year periods, on a
year by year basis, beyond the initial expiration date as set at the beginning of the contract period, unless
either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the
contract period. This notice to terminate the contract at the end of the initial one (1) year period, shall be
given in writing at least 30 days prior to the initial expiration date of the contract.
11.0. INDEMNIFICATION:
11.1. The Contractor shall indemnify and hold harmless the City, and their agents and employees from and
against all claims, for infringement of any United States Patent, or damages, losses and expenses
including attorney's fees arising out of or resulting from the performance of the work, furnishing of
services, or furnishing of materials, goods, or equipment, as required by the bid documents, including but
not limited to claims regarding defects in materials, goods, or equipment, which is caused in whole or in
part by any breach of contract, or omission of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
11.2. In any and all claims against the City, or any of their agents or employees by any employee of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in
any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts or other
Employee Benefit Act.
12.0. CONTRACTOR QUALIFICATION AND EXPERIENCE:
12.1. Bidders are required to furnish evidence that they have past experience in the type of work as outlined in
the attached specifications, to include specific experience. A minimum of three (3) references must be
submitted with each bid. These references may be used in the evaluation of this bid to determine award.
12.2. Contractor shall have a State of Arkansas Contractor's license, with an emphasis or Class Description
for plumbing 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 10-48, Plumbing 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:
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 10-48, Plumbing 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.
The contractor may be required to do emergency repairs at times other than normal working hours. The
contractor shall be in a position to be available on a twenty-four (24) hour basis for such emergency work.
Contractor must include response time. On Site emergency response time shall be no more than one (1) hour
after notification. Regular response time shall be no more than two to three days after contact. Bidder must
include mileage and travel time as part of this agreement. The City will not assume mileage or travel time
costs.
All work shall be performed in a good workmanship like manner and shall conform to codes enforced by the
City Inspection Division.
The contractor is responsible for requesting inspections before work is covered and requesting a final
inspection when work is complete.
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:
Invoices or pay requests shall contain details of services performed and number of
discipline of labor, materials furnished and rental equipment used. Unit prices for
Contractor may be required to furnish material and rental equipment invoices upon
purchase order number must appear on the invoice.
Prices:
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor
Page8of20
man hours for each
mach shall be listed.
request. The City's
Labor quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage, etc. Prices quoted
must be firm for the term of the contract. Price increases may be negotiated at the beginning of a renewal
period based on the most current consumer price index. A formal contract addendum must be approved.
Bid and Performance Bond:
A five (5%) percent bid bond must be submitted with each bid. The bid bond must be based on the total
estimated cost of the bid as indicated on P-3 of the proposal document. Upon contract award a 100%
performance bond must be submitted with each individual project totaling $20,000.00 or more.
Project Supervision:
The Contractor shall employ a competent and thoroughly experienced superintendent capable of handling all
phases of each project; he shall have any necessary assistants to complete each project. When any work under
this contract is being performed, the Superintendent and necessary assistants shall be present at the job site.
The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as
binding as if given to the Contractor. Major and important directions shall be confirmed in writing to the
Contractor, other directions shall be so confirmed upon written request of the Contractor. The Superintendent
shall be in complete and responsible charge of the project for the Contractor and shall not be superseded by any
other personnel of the 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 10-48, Plumbing Contractor
Page 9 of 20
City of Fayetteville
Bid 10-48, Plumbing 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 10-48, Plumbing 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 ataforen@ci.fayetteville.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(a.ci.fayetteville.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 10-48, Plumbing Contractor
Page 11 of 20
BID: 10-48
DATE: 7/15/10
TIME: 2:00 PM
CITY OF FAYETTEVILLE
Bid 10-48, Plumbing Contractor
Item
•
Description
Comfort Systems USA (AR), Inc.
Multi -Craft Contractors, Inc.
Mark Up %
Contractors
Material Cost
Est. Cost with Mark
a
Up la
Mark Up
Contractors
Material Cost
Est. Cost with Mark
Up /o
1
Material (Cost plus %) $0-$100
30%
$1,000
$1,300.00
15%
$1,000
$1,150.0O
2
Material (Cost plus %) $101-$500
25%
$1,000
$1,250.00
15%
$1,000
$1,150.00
3
Material (Cost plus %) $501-$1000
20%
$5,000
$6,000.00
15%
$5,000
$5,750.00
4
Material (Cost plus %) $1001-$5000
17%
$5,000
$5,850.00
15%
$5,000
$5,750.00
5
Material (Cost plus %) $5001 and up
15%
$15,000
$17,250.00
15%
$15,000
$17,250.00
6
Rental Equipment (Cost plus %)
15%
$5,000
$5,750.00
15%
$5,000
$5,750.00
Estimated Cost for Items 1-6:
$37,400.00
$36,800.00
Est. Hours
Price / Hour
Est. Cost
Est. Hours
Price! Hour
Est. Cost
7
Journeyman Plumber (Straight time)
100
$65.00
$6,500.00
100
$45.50
$4,550.00
8
Journeyman Plumber (Nights and Weekends)
25
$97.50
$2,437.50
25
$61.50
$1,537.50
9
Journeyman Plumber (Holidays)
10
$130.00
$1,300.00
10
$77.50
$775.00
10
Apprentice Plumber (Straight time)
100
$50.00
$5,000.00
100
$34.00
$3,400.00
11
Apprentice Plumber (Nights and Weekends)
25
$75.00
$1,875.00
25
$46.00
$1,150.00
12
Apprentice Plumber (Holidays)
10
$100.00
$1,000.00
10
$58.00
$580.00
13
Plumber's Helper (Straight time)
100
$50.00
$5,000.00
100
$34.00
$3,400.00
14
Plumber's Helper (Nights and Weekends)
25
$75.00
$1,875.00
25
$46.00
$1,150.00
15
Plumber's Helper (Holidays)
10
$100.00
$1,000.00
10
$58.00
$580.00
16
Foreman/Supervisor (Straight time)
100
$80.00
$8,000.00
100
$50.00
$5,000.00
17
Foreman/Supervisor (Nights and Weekends)
25
$120.00
$3,000.00
25
$67.50
$1,687.50
18
Foreman/Supervisor (Holidays)
10
$160.00
$1,600.00
10
$85.00
$850.00
19
General Laborer (Straight time)
100
$26.00
$2,600.00
100
$34.00
$3,400.00
20
General Laborer (Nights and Weekends)
25
$39.00
$975.00
25
$46.00
$1,150.00
21
General Laborer (Holidays)
10
$52.00
$520.00
10
$58.00
$580.00
Estimated Cost for Items 7-21:
**TOTAL ESTIMATED COST FOR ITEMS 1-21:
$42,682.50
$29,790.00
$80,082.50
$66,590.00
*NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CERTIFIED:
P. VICE PURCH MGR WITNES
t % O
DATE
City of Fayetteville
Bid 10-48, Plumbing Contractor
Contract
This contract executed this day of , 2010, between the City of Fayetteville, Arkansas,
113 W Mountain, Fayetteville, Arkansas, 72701 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 10-48 as stated in Multi -Craft Contractors, Inc. bid
proposal, and in accordance with specifications attached hereto and made a part hereof under Bid # 10-
48, all included herein as if spelled out word for word.
2. The City of Fayetteville shall pay for completion of each project based on prices indicated in Multi -Craft
Contractors, Inc. bid proposal. Payments will be made after approval and acceptance of work and
submission of invoice. Payments will be made approximately 30 days after receipt of invoice.
The Contract documents which comprise the contract between the City of Fayetteville and Multi -Craft
Contractors, Inc. consist of this Contract and the following documents attached hereto, and made a part
hereof:
A. Bid form identified as Invitation to Bid 10-48 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.
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor — CONTRACT
Page 1 of3
1. Workmen's Compensation:
Statutory Amount
2. Comprehensive General & Automobile Insurance
$500,000 for each accident.
3. Bodilyjury Liability:
$500,000 for each accident.
4. Property Damage Liability:
$500,000 aggregate.
The premiums for all insurance required herein shall be paid by Multi -Craft Contractors, Inc.
8. Multi -Craft Contractors, Inc. to furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or Multi -Craft Contractors, Inc. with 10 days
written notice.
10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
11. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this
contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the
Fayetteville City Council in advance of the change in scope, cost or fees.
12. Jurisdiction: Legal jurisdiction to resolve any disputes must be Arkansas with Arkansas law applying
to the case.
13. Arbitration/Mediation: We will not agree to be forced to mediate or arbitrate any dispute.
14. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest
or penalty for "untimely" payments.
15. Lien Waivers: The contractor shall ensure that the City of Fayetteville receives lien waivers from all
material suppliers, subcontractors, and sub -subcontractors. The contractor shall give written notice to
the material suppliers, subcontractors and sub-subcontractorsproviding work on the project that states
the following:
`According to Arkansas law, it is understood that no liens can be filed against public 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 of surely ). '
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor — CONTRACT
Page 2 of 3
The contractor shall have each subcontractor and sub -subcontractor and material supplier
execute a written receipt evidencing acknowledgement of this statement prior to commencement of the work
of the subcontractor or material supplier.
WITNESS OUR HANDS THIS DAY OF , 2010.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
nil
LIONELD JORDAN, Mayor
ATTEST:
Sondra Smith, City. Clerk
nil
PRINTED NAME AND TITLE
ATTEST: COMPANY SECRETARY
BUSINESS ADDRESS
City of Fayetteville, AR
Bid 10-48, Plumbing Contractor — CONTRACT
Page 3 of 3