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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 s�®`9�1° 1,9,K 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