HomeMy WebLinkAbout141-11 RESOLUTIONRESOLUTION NO. 141-11
A RESOLUTION AWARDING BID #11-47 AND APPROVING A
CONTRACT WITH CPS OF NWA, INC. IN THE AMOUNT OF $35,200.00
FOR THE PURCHASE OF SPRAY FOAM AND INSULATION AS PART OF
THE COMMUNITY REVOLVING LOAN FUND FOR ENERGY
EFFICIENCY, AND APPROVING A FIFTEEN PERCENT (15%) PROJECT
CONTINGENCY
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
#11-47 and approves a contract with CPS of NWA, Inc. in the amount of $35,200.00 for the
purchase of spray foam and insulation as part of the community revolving loan fund for energy
efficiency.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
fifteen percent (15%) project contingency.
PASSED and APPROVED this 16th day of August, 2011.
APPROVED:
B
ATTEST:
BY:-�
S NDRA E. SMITH, City Clerk/Treasurer
John Coleman
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/16/2011
City Council Meeting Date
Agenda Items Only
Sustainability & Strategic Planning
Division
Action Required:
Chief of Staff
Department
A resolution to approve the contract for spray foam and insulation to CPS of NWA (bid 11-47).
available in The Energy Effiency and Conservation Block grant. The amount of the contract is
10% contingency.
There are funds
$35,200.00, with a
$
35,200.00
Cost of this request
$
220,000.00
2240.9240.5342.99 $
Account Number
09011.0020
Project Number
Budgeted Item
X
Category/ Project Budget
35,200.00
Energy Block Grant
Program Category / Project Name
Energy Block Grant
Funds Used to Date Program / Project Category Name
184,800.00 Energy Block Grant
Remaining Balance
Budget Adjustment Attached
Fund Name
Finance and Internal Services Director Date
Date
7///
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
Revised January 15, 2009
aye ev le
THE CITY OF FAYETTEVILLE, ARKANSAS
CORRESPONDENCE
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8272
TO: Lioneld Jordan, Mayor
FROM: John Coleman, Director of Sustainability & Strategic Planning
Thru: Don Marr, Chief of Staff
DATE: July 28, 2011
SUBJECT: Bid 11-47, Spray Foam Insulation
Description
Using funds from the Energy Efficiency and Conservation Block Grant as part of the
American Recovery and Reinvestment Act (ARRA), the City has allocated $220,000 to
create the Community Revolving Loan Fund. This Fund provides Iow interest loans to non-
profits to perform energy efficiency and renewable energy improvements for which they
payback using the energy savings.
The purpose of this resolution is to approve Bid 11-47 for spray foam insulation in the
amount of $35,200. The bid was awarded to the Iow bidder, CPS of Northwest Arkansas.
Budget Impact
The contract will be paid for by Energy Efficiency and Conservation Block Grant funding as
obtained by the City of Fayetteville in September 2009.
rale
THE CITY OF FAYE
VILLE, ARKANSAS
I ARKANSAS
www.accessfayetteville.org
CONTRACT
Reference Bid: 11-47, Spray Foam Insulation Services
Contractor: CPS of NWA, Inc.
Term: Specific Project Only — No Revolving Terms
contract executed this t'/a day of
aul,;(kAA--
This
2011, between the City of Fayetteville,
Arkansas, and CPS of NWA, Inc. In consideration of theutual covenants contained herein, the parties agree as
follows:
1. CPS of NWA. 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 11-47 as stated in CPS of NWA, Inc.'s bid proposal, and in accordance with specifications
attached hereto and made a part hereof under Bid 11-47.
2. The City of Fayetteville shall pay CPS of NWA. Inc. based on its bid form in pricing as shown in bid and
attached to this contract. Payments will be made after approval and acceptance of work, submission of detailed
invoice, and submission of certified payroll. Payments will be made within a maximum 30 days after acceptance
of invoice. CPS of NWA, Inc. agrees to make detailed invoicing related documentation available to the City or
the Department of Energy (DOE) upon request (for example, during a post -award audit), including but not limited
to actual cost of material, etc.
3. It is explicitly understood and agreed to by CPS of NWA, Inc. and the City of Fayetteville that the total amount
of funding that the City of Fayetteville may use for this and four other similar contracts it is approving today is
capped at $220,000.00. Therefore, the City of Fayetteville will probably not order the full amount of items
and services shown on any of the five bids approved by the Fayetteville City Council. The City will order
any work to be done by CPS of NWA. Inc. by issuing a Purchase Order for such work or project which shall be
the City's assurance that sufficient funds remain to pay for such work or project. CPS of NWA, Inc. shall not
start work on any project unless and until it receives the City's Purchase Order for such work or project.
4. The Contract documents which comprise this contract between the City of Fayetteville and CPS of NWA. Inc.
consist of this Contract and the following documents attached hereto, and made a part hereof:
A. Bid form identified as Invitation to Bid 11-47 with the specifications and conditions typed thereon.
B. CPS of NWA, Inc. bid proposal, including mark up on materials and hourly rates.
C. The Notice to Prospective Bidders and the Bid Tabulation.
S. These Contract documents constitute the entire agreement between the City of Fayetteville and CPS of NWA,
Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and CPS
of NWA. Inc.
6. CPS of NWA, Inc. shall not assign its duties under the terms of this agreement.
7. CPS of NWA. 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 performance of this
contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under
Arkansas Law.
Bid 11-47, Spray Foam Insulation Services
Page 1 of 3
8. CPS of NWA, Inc. agrees to abide by the following American Recovery and Reinvestment Act (ARRA)
Provisions at all times and fully provide efforts to assist the City with compliance:
a. Buy American — Section 1605 of the Recovery Act requires that all iron, steel, and manufactured goods
used in the project must be produced within the United States except as provided in the following:
i. The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost
of domestic iron, steel, or manufactured goods used in the project is unreasonable when the
cumulative cost of such material will increase the cost of the overall project by more than 25
percent;
ii. The iron, steel, and/or manufactured good is not produced, or manufactured in the United States
in sufficient and reasonably available quantities and of a satisfactory quality; or
iii. The application of the restriction of section 1605 of the Recovery Act would be inconsistent with
the public interest.
iv. If all received quotes do not meet the Section 1605 of the Recovery Act the City of Fayetteville is
required to receive independent verification from the Federal Government to move forward.
b. Waste Stream — CPS of NWA. Inc. assures to create or obtain a waste management plan addressing
waste generated by a proposed project prior to the project generating waste. This waste management plan
will describe the plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition
debris, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos)
generated as a result of the proposed project. CPS of NWA. Inc. shall ensure that the project is in
compliance with all Federal, state and local regulations for waste disposal. CPS of NWA. Inc. shall
make the waste management plan and related documentation available to the City to or DOE (Department
of Energy) upon request (for example, during a post -award audit).
c. Davis -Bacon Wage Rates - CPS of NWA, Inc. agrees to pay wage rates as presented. in the latest
published wage rates for Davis -Bacon for federally funded projects. CPS of NWA, Inc. shall submit
certified payrolls to the City of Fayetteville upon delivery of detailed invoicing.
9. CPS of NWA, 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, CPS of NWA. Inc. shall provide and shall cause each Subcontractor to provide adequate employer's
liability insurance for the protection of such of his employees as are not otherwise protected.
Workmen's Compensation Statutory Amount
Comprehensive General &
Automobile Insurance
Bodily Injury Liability $500,000 for each person injured.
$1,000,000 for each accident.
Property Damage Liability $1,000,000 aggregate.
The premiums for all insurance and the bond required herein shall be paid by CPS of NWA, Inc..
Bid 11-47, Spray Foam Insulation Services
Page 2 of 3
10. CPS of NWA. Inc. to furnish proof of licensure as required by all local and state agencies.
11. This contract may be terminated without penalty by the City of Fayetteville or CPS of NWA, Inc. with 10 days'
written notice.
12. 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.
13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost or fees.
CPS of NWA, Inc.
Printed Contractor Name & Title
ATTEST:
Company Secretary
364
Business Address
c2f�,, £
ity, S & Zip Cede
Date Signed: 7"
Bid 11-47, Spray Foam Insulation Services
Page 3 of 3
CITY OF FAYETTEVILLE, ARKANSAS
L
NELD JO
ATTEST:
••••i01.1TIf itito
FAYETTEVILLE;
rte"
%fI `7 r®"�Vo°e
,5`
, Mayor
864,„1/c.i
Sondra Smith, City Clerk
Date Signed: :16 ' I/
Page 1 of 1
Sondra Smith - Foam Insulation Contract - Contingency
From: John Coleman
To: Smith, Sondra
Date: 8/4/2011 10:28 AM
Subject: Foam Insulation Contract - Contingency
I need to increase the contingency from 10% to 15% on the foam insulation contract.
Thank you,
John
file://C:\Documents and Settings\ssmith\Local Settings\Temp\XPgrpwise14E3A7449FAY... 8/4/2011
RESOLUTION NO.
A RESOLUTION AWARDING BID #11-47 AND APPROVING A
CONTRACT WITH CPS OF NWA, INC. IN THE AMOUNT OF $35,200.00
FOR THE PURCHASE OF SPRAY FOAM AND INSULATION AS PART OF
THE COMMUNITY REVOLVING LOAN FUND FOR ENERGY
EFFICIENCY, AND APPROVING A FIFTEEN PERCENT (15%) PROJECT
CONTINGENCY
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
#11-47 and approves a contract with CPS of NWA, Inc. in the amount of $35,200.00 for the
purchase of spray foam and insulation as part of the community revolving loan fund for energy
efficiency.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
fifteen percent (15%) project contingency.
PASSED and APPROVED this 16th day of August, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
RESOLUTION NO.
A RESOLUTION AWARDING BID #11-47 AND APPROVING A
CONTRACT WITH CPS OF NWA, INC. IN THE AMO .` T OF $35,200.00
FOR THE PURC SE OF SPRAY FOAM AND INSUL TION AS PART OF
THE CO 1 1 Y REVOLVING LOAN F i FOR ENERGY
EFFICIENCY
BE IT RESOLVED BY THE CITY f UNCIL OF THE CITY OF
FAYETTEVILLE, ARKANS
Section 1: That the City Co ci
#11-47 and approves a contract with
purchase of spray foam and insulation
efficiency.
of the City
PS of NW
part of 4 e
PASSED and APPROVED this 16
APPROVED:
By:
d
Fayetteville, Arkansas hereby awards Bid
, Inc. in the amount of $35,200.00 for the
community revolving loan fund for energy
of August, 2011.
A
EST:
By:
LIONELD JORDAN, M. or
SOND" • E. SMITH, City Clerk/Treasurer
John Coleman
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
nla
City Council Meeting Date
Agenda Items Only
CPS CDI
Sustainability & Strategic Planning Sustainability & Strategic Planning
Division
Action Required:
Department
The purpose of this resolution is to utilize $4,500 in contingency funds from the contract with CPS of Northwest
Arkansas (Resolution 141-11) to add a spray foam intumescent paint in the attic of the main office at Mt Sequoyah.
4,500.00
Cost of this request
2240.9240.5342.99
Account Number
none
09011.0020
Project Number
NTE $220,000.0015 contracts
Category / Project Budget
195.00
Energy Block Grant
Program Category / Project Name
Energy Block Grant
Funds Used to Date Program 1 Project Category Name
NTE $220,000.0015 contracts Energy Block Grant
Remaining Balance Fund Name
Budgeted Item X Budget Adjustment Attached
Dop
Ci Attorney
rector
Da e
9/9///
Date
\P0J a, L. 9.1-2,011
Finance and Internal Services Director Date
'7-
Date
D-te
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in
Mayor's Office
ENTERED
4 /
Comments:
Revised January 15, 2009
/RyeticTiyille
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
CORRESPONDENCE Telephone: (479) 575-8272
TO: Lioneld Jordan, Mayor
FROM: John Coleman, Director of Sustainability & Strategic Planning
Thru: Don Marr, Chief of Staff
DATE: September 8, 2011
SUBJECT: Change Order #1: Resolution 141-11
Description
Using funds from the Energy Efficiency and Conservation Block Grant as part of the American Recovery and
Reinvestment Act (ARRA), the City has allocated $220,000 to create the Community Revolving Loan Fund. This
Fund provides low interest loans to non -profits to perform energy efficiency and renewable energy
improvements for which they payback using the energy savings.
The purpose of this resolution is to utilize $4,500 in contingency funds from the contract with CPS of Northwest
Arkansas (Resolution 141-11) to add a spray foam intumescent paint in the attic of the main office at Mt
Sequoyah.
Budget Impact
Contract costs will be paid for by Energy Efficiency and Conservation Block Grant funding as obtained by the
City of Fayetteville in September 2009. Combined, Bids 11-22, 11-23, 11-25, 11-33, and 11-34 will not exceed
$220,000 without further approval from the City Council.
•
CPS of NWA, Inc.
P.O. Box 458 Tontitown, AR 72770-0458
Phone (479) 361-1148 - Fax (479) 361-5788
Arkansas Contractor Licence #0164550911
Proposal
Date
Estimate #
7/29/2011
1863
Attention
Project Description
CITY OF FAYETTEVILLE
ATTN: MICHAEL OLLIE
Scope of Work
Total
Spray Foam Kote 50/50 intumescent Paint over foam in main office
attic
500.00
.0 A--
Chuck'sPaint Svc. Authorized Signature
Total $4,500.00
iii