Loading...
HomeMy WebLinkAbout188-11 RESOLUTIONRESOLUTION NO. 188-11 A RESOLUTION APPROVING AN AGREEMENT IN THE AMOUNT OF $43,536.00 WITH SCHEFERS ROOFING COMPANY, PURSUANT TO BID NO. 11-23, FOR THE INSTALLATION OF ROOFING AS PART OF THE MOUNT SEQUOYAH CENTER, INC. COMMUNITY REVOLVING LOAN FUND FOR ENERGY EFFICIENCY AGREEMENT 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 approves an agreement in the amount of $43,536.00 with Schefers Roofing Company, pursuant to Bid No. 11-23, for the installation of roofing as part of the Mount Sequoyah Center, Inc. Community Revolving Loan Fund for Energy Efficiency Agreement. PASSED and APPROVED this 1st day of November, 2011. APPROVED: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer tx � John Coleman Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/1/2011 City Council Meeting Date Agenda Items Only Division Action Required: Sustainability & Strategic Planning Department Utilize resolution 71-11, a contract with Schefers Roofing, to install a new, Energy Star rated roof on the Mt Sequoyah Cafeteria Building in the amount of $43,536. This project is funded by the Energy Efficiency and Conservation Block Grant and will be repaid by Mt Sequoyah. 43,536.00 Cost of this request 2240.9240.5342.99 Account Number none 09011.0022 Project Number Budgeted Item X 220,000.00 Category / Project Budget 169,421.15 Energy Block Grant Program Category / Project Name Energy Block Grant Funds Used to Date Program / Project Category Name 50, 578.85 Energy Block Grant Remaining Balance Fund Name Budget Adjustment Attached tcx ate /C"--81/ Date Finance and Internal Services Director Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 71-11 Received in City ®✓"`""? Clerk's Office 10 -1 4 -1 1 A10:46 R C V D Received in Mayor's Office Comments: t Revised January 15, 2009 aye: eville 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 —x -- DATE: October 14, 2011 SUBJECT: Community Revolving Loan Fund — Amended Contract with Mt Sequoyah 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 City has completed contract work in the amount of $121,000.68 at Mt Sequoyah in the form of heating and air conditioning, insulation, and windows and doors on three buildings. The purpose of this resolution is to utilize resolution 71-11 in the amount of $43,536 to install an Energy Star rated roof on the cafeteria building at Mt Sequoyah. This project will take the Revolving Loan Fund to 97% completion and the total Energy Block Grant to 96% completion. Budget Impact The additional $43,536 in construction costs will be paid for by Energy Efficiency and Conservation Block Grant funding as obtained by the City of Fayetteville in September 2009. RESOLUTION NO. A RESOLUTION APPROVING AN AGREEMENT IN THE AMOUNT OF $43,536.00 WITH SCHEFERS ROOFING COMPANY, PURSUANT TO BID NO. 11-23, FOR THE INSTALLATION OF ROOFING AS PART OF THE MOUNT SEQUOYAH CENTER, INC. COMMUNITY REVOLVING LOAN FUND FOR ENEREGY EFFICIENCY AGREEMENT 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 approves an agreement in the amount of $42,536.00 with Schefers Roofing Company, pursuant to Bid No. 11-23, for the installation of roofing as part of the Mount Sequoyah Center, Inc. Community Revolving Loan Fund for Energy Efficiency Agreement. PASSED and APPROVED this 1St day of November, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City Of Fayetteville - Purchase Order (PO) Request (Not a Purchase Order) P -Cards shall be used when, possible.'. If a vendor does not accept P -Card, please note at the bottom. (Cali x256 with questions All PO Request shall be scanned to the Purchasing e-mail: Purchasing@ci.fayetteville.ar.. us Vendor # Vendor Name: Schefers Roofing Requisition No.: 'I-7) Number: Mail Yes: No: Date: 10/14/2011 Expected Delivery Date Address: PO Box 701 Fob Point: Taxable Yes:_ No: QuotesAtt9..ched yes -.-- City: Bentonville State: AR Zip Code: 72712 Ship to code: Divison Head Approval: Requester: John Coleman Requester's Employee #: 2974 Extension: 272 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject # Inventory # 1 2 3 4 5 6 7 8 9 10 Roof Replacement - Cafeteria Bldg - Mt Sequ 1 EA 43,536.00 $43,536.00 2240.9240.5342.99 9011.0022 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Shipping/Handling Lot $0.00 Special Instructions: Approvals: Mayor: Finance & Internal Services Director: Dispatch Manager: Department Director:. Budget Manager: Utilities Manager: Subtotal: Tax: Total: $43,536.00 $4,027.08 $47,563.08 Purchasing Manager: Chief Of Staff: Other: SCHEFERS Roofing Company PO Box 701 Ber!tonvUe. AR 72712 479.717.2279 Fax 479.717..2240 wwwschefersroofing.com Septetnber 15, 2011 Proposal #A02511rev Mikel Lolley Treadwell Institute 706 West Treadwell Street Fayetteville, AR. 72701 RE: City of Fayetteville Roofing Repairs & Upgrades Mount Sequoyah, Cafeteria Bldg. #41 Shingle Re -Roof Fayetteville, AR. Per your request, the following is our proposed scope of work on the above referenced project. We propose to furnish all labor: materials and equipment to provide and install a new energy star rated shingle roof system with sheet metal flashing and trim as hereinafter specified. Buildings included in this proposal Mount Sequoyah, Cafeteria Building #41 Shingle Roof (approximately 10,600 SF) SPECIFIC INCLUSIONS: 1. Furnish complete job setup and safety. 2. Furnish complete tear off of existing roofing shingles and felt. 3. Furnish and install 7/16" OSB Decking replacement over 2,650 SF. (see deck replacement pricing below if the extent of the damaged decking is more than that proposed above). 4. Famish and install decking screws at areas where decking has lifted. 5. Furnish and install one layer of 30# felt nailed over the entire surface. 6. Furnish and install new metal drip edge at eave and gable perimeters. 7. Furnish and install new CertainTeed Landmark Solaris shingles. 8. Furnish and install new shingle starter. 9. Furnish and install new 3 -tab hip and ridge. 10. Furnish and install new step flashing at roof to wall transitions, fire place and curbs. 11 Furnish a 30 year manufactures warranty. All Under One Roof Commercial Roofing Roof Repair & Maintenance Architecturai Sheet Metal Afaarsas • icws • Kansas • missoun • Ni;orask: Ok!ar,oma SPECIFIC EXCLUSIONS: 1. Anything not specifically listed above. 2. Framing — primary or secondary. 3. Wood blocking. PRICE: 5 43,536 Price to replace 7/16" OSB Decking if more than 2,650 SF / 55.00 per square foot. We reserve the right to reject this proposal if it is not awarded in its entirety. Schefers Roofing Company shall perform the work described herein at the price quoted provided that in the event the price to the roofing contractor for any materials to be used shall increase 5 percent or greater than the price relied upon by the roofing contractor in preparing and submitting this proposal, than the proposal shall be increased to reflect the additional cost of the material to the roofing contractor. The concepts discussed in this Proposal are proprietary to Schefers Rooting Company, Inc. and shall not be used without the express written permission of Schefers Rooting Company, Inc. Any use of any of the ideas, concepts, techniques or other content of this Proposal without the express written agreement of and payment to Schefers Roofing Company, Inc. shall be at user's own risk, and user shall indemnify Schefers Roofing Company, Inc. against any claim, loss, cost or expense associated therewith. The price quoted in this proposal is valid for thirty (30) days from the date appearing on this document. Schefers Roofing Company appreciates the opportunity of submitting this proposal for your review. Respectfully submitted. Jeff Wicker Project Manager / Estimator 479-685-6004 Bldg. #41 Shingles Materials 25% Subtotal $ 20,265.02 $ 5,144.58 $ 25,409.60 Labor Hrly rate Hours Subtotal Rate 4 $ 107.00 5 5 535.00 Rate3 $ 53.55 8 $ 428.40 Rate2 $ 45.00 330 $ 14,850.00 Ratel $ 38.55 60 $ 2,313.00 403 $ 18,126.40 Materials $ 25,409.60 Labor $ 18,126.40 Chamber Modified $ 43,536.00 RESOLUTION NO. 71-11 A RESOLUTION AWARDING BID #11-23 AND AUTHORIZING A CONTRACT WITH SCHEFERS ROOFING IN AN AMOUNT NOT TO EXCEED $60,554.40 FOR ROOFING REPAIRS AND UPGRADES RELATED TO ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDED COMMUNITY REVOLVING LOAN FUND PROJECTS 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 #11-23 and authorizes a contract with Schefers Roofing in an amount not to exceed $60,554.40 for roofing repairs and upgrades related to Energy Efficiency and Conservation Block Grant funded Community Revolving Loan Fund projects. PASSED and APPROVED this 3rd day of May, 2011. APPROVED: ATTEST: B By: h)otdiw SO • RA E. SMITH, City C erk/Treasurer Agtre( ;^ e. S Y Q,c°• s • s AYETrEVILLE: `R4"yei�BY� /k t e®�� John Coleman Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/3/2011 City Council Meeting Date Agenda Items Only Sustainability & Strategic Planning Sustainability & Strategic Planning Division Department Action Required: The City of Fayetteville will have 5 contracts after all bidding that will make energy efficient improvements in the areas of HVAC, Roofing, Insulation, Window & Door Replacement, and solar equipment. Using funds from the Energy Block Grant, the City will allocate money to each approved project, based on project needs and/or requirements. The funds will be a loan to the project owner, with proceeds of energy savings returning to the Fund. The bid is based upon mark-up of materials and hourly rate. The Roofing lowest qualified bidder is Schefers Roofing (Bid 11-23). Cost of this request 2240.9240.5342.99 Account Number none 09011.0020 Project Number Budgeted Item X NTE $220,000.00/5 contracts Category / Project Budget 195.00 Energy Block Grant Program Category / Project Name Energy Block Grant Funds Used to Date Program / Project Category Name NTE $220,000.00/5 contracts Energy Block Grant Remaining Balance Fund Name Budget Adjustment Attached Finance and Internal Services Director D.5./ ate 7(a,a(/( 4 -20 -zeal Date Date to Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Cii44 —1 5' 1 1 PO 3 :10 R C V D Clerk's Office \Lt., Received in Mayor's Office Comments: Revised January 15, 2009 aye evi ARKANSAS 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: April 11, 2011 SUBJECT: Bid 11-23, Roofing Repairs & Upgrades 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 approve Bid 11-23 for Roofing Repairs & Upgrades not to exceed a total cost of $60,554.40 without further approval from City Council. The bid was evaluated based upon mark-up of materials and hourly rates. The contract is for one year with four automatic annual renewal optiong. Schefers Roofing is the only bidder and is recommended for award. 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. Other City Departments are allowed to utilize these annual contracts, but will be required to follow standard procurement procedures. (4/15/2011) John Coleman Bid Tab 11-23, Roofing Repairs and Upgrades pdf Page 1 aye eville ARKANSAS BID: 11-23 DATE: 03/22/11 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-23, Roofing Repairs and Upgrades Name of Contractor: Schefers Roofing ! M13'"' i Perla �' .rFcS �'y f+?,i f'..-� 9 u H' Item Description Mark Up "Ye ° Contractors Material Cost Estimate i $$ Amount of Mark Up $$Amount Mark Up PLUS Material Cost 1 2 3 4 5 6 General Material (Cost plus %) $0-$100 45% x • $1,500 = $675 $2,175.00 General Material (Cost plus %) $101-$500 35% x $1,500 = $525 $2,025.00 General Material (Costplus %) $501-$1000 35% x $1,500 = $525 $2,025.00 General Material (Cost plus %) $1001 -and up 35% x $1,500 = $525 $2,025.00 Reflective Paint Nfateriat 35% x $2,000 = $700. $2,700.00 New Reflective Roof Material - Standing Seam Metal Roof 35% x $30,000 = $1.0,500 $40,500.00 Estimated Cost for Section A (Sum of Items 1-6): $51,450.00 SECTION B: Labor Subject to Davis -Bacon Wage Rates A B c (A X B) ]tem Description Estimated hours s i Hourly Rate n Estimated Labor Cost 7 8 9 ID Roofing - Rate 1 (Applicatior/Installer) 100 x $38.55 = $3,855.00 Roofing - Rate 2 (Installer/Foreman) 100 x $45.00 = $4,500.00 Roofing - Rate 3 (Foreman/Supervisor) 8 x $53.55 = $428.40 Roofing - Rate 4 (Supervisor/Inspector) 3 x $107.00 = $321.00 Estimated Cost for Section B (Sum of Items 7-10): $9,104.40 560,554.40 **Total Estimated Cost for Items 1-10 (sum of Section A + Section B) *NOTICE: Bid award Is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: P. VICE, PORCH MGR WITNESS a3/2g' ( DATE ave evi le ARKANSAS www accessfayetteville org THE CITY OF FAYETTEVILLE, ARKANSAS CONTRACT Reference Bid: 11-23, Roofing Repairs and Upgrades Contractor: Schefers Roofing Company Term: 1 year with 4 automatic renewal options This contract executed this 3rd day of May, 2011, between the City of Fayetteville, Arkansas, and Schefers Roofing Company, In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Schefers Roofing Company at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax pennits, and all other accessories and services necessary to complete items bid per Bid 11-23 as stated in Schefers Roofing Company bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 11-23. 2. The City of Fayetteville shall pay Schefers Roofing Company 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. Schefers Roofing Company 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 Schefers Roofing Company 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 Schefers Roofing Companv 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. Schefers Roofing Company 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 Schefers Roofing Company consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 11-23 with the specifications and conditions typed thereon. B. Schefers Roofing Company bid proposal, including mark up on materials and hourly rates. C. The Notice to Prospective Bidders and the Bid Tabulation, 5. These Contract documents constitute the entire agreement between the City of Fayetteville and Schefers Roofing Company and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Schefers Roofing Company. 6. Schefers Roofing Company shall not assign its duties under the terms of this agreement. 7. Schefers Roofing Company 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 11-23, Roofing Repairs and Upgrades Page 1 of 3 8. Schefers Roofing Company 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 alt 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 — Schefers Roofing Company 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. Schefers Roofing Company shall ensure that the project is in compliance with all Federal, state and local regulations for waste disposal. Schefers Roofing Company 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 - Schefers Roofing Company agrees to pay wage rates as presented in the latest published wage rates for Davis -Bacon for federally funded projects. Schefers Roofing Company shall submit certified payrolls to the City of Fayetteville upon delivery of detailed invoicing. 9. Schefers Roofing Company 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, Schefers Roofing Company 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 5500,000 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 Schefers Roofing Company. I0. Schefers Roofing Company to furnish proof of licensure as required by all local and.state agencies. Bid 11-23, Roofing Repairs and Upgrades Page 2 of 3 11. This contract may be terminated without penalty by the City of Fayetteville or Schefers Roofing Company 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. SCHEFERS ROOFING COMPANY By: �•GivtG.E' T, S,: (- fei5- /•e,K�5' e J Printed Contractor Name & Title ATTEST: Compal Secreta f z.' PiPPYcneek Wok, 3 Date Signed: Business Address R�+�6i7a't'L� ebe . 72.1(07____ City, State & Zip Code Date Signed: — S.t Bid 11-23, Roofing Repairs and Upgrades Page 3 of 3 CITY OF FAYETTEVILLE, ARKANSAS NELD J e ' 5 ATTEST: ayor Sone ra Smith, City Clerk 4/38/1 RESOLUTION NO. A RESOLUTION AWARDING BID #11-23 AND AUTHORIZING A CONTRACT WITH SCHEFERS ROOFING IN AN AMOUNT NOT TO EXCEED $60,554.40 FOR ROOFING REPAIRS AND UPGRADES RELATED TO ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDED COMMUNITY REVOLVING LOAN FUND PROJECTS 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 #11-23 and authorizes a contract with Schefers Roofing in an amount not to exceed $60,554.40 for roofing repairs and upgrades related to Energy Efficiency and Conservation Block Grant funded Community Revolving Loan Fund projects. PASSED and APPROVED this 3rd day of May, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ye _v.,le www.accessfayetteville.org CO TRACT REFERE CE BID: 11-23, Roofing Repairs and Upgrades Contracto Schefers Roofing Company Term: 1 yea with 4 automatic renewal options This contract exec .ted this Schefers Roofin • •• • m . follows: THE CITY OF FAYETTEVILLE, ARKANSAS day of , 20 , between the City of Fayetteville, Arkansas, and an . In consideration of the mut al covenants contained herein, the parties agree as 1. Schefers Roofin Com machinery, equipm- t, services necessary to proposal, and in accor 23, all included herein as an at its own cost nd expense shall furnish all labor, materials, supplies, tools, supervision, bon • s, insurance, tax permits, and all other accessories and omplete items bid pe Bid 11-23 as stated in Schefers Roofing Company bid nce with specificat' • ns attached hereto and made a part hereof under Bid 11 - spelled out wor» for word. 2. The City of Fayetteville sha pay S shown in bid and attached to work, submission of detailed inv a maximum 30 days after acce detailed invoicing related document request (for example, during a pos Order (PO). All work perfor ed Schefers Roofin • Com the -rs Roofinq Company based on their bid form in pricing as act. Payments will be made after approval and acceptance of d submission of certified payroll. Payments will be made within ce of invoice. Schefers Roofing Company agrees to make tion available to the City or the Department of Energy (DOE) upon and audit), including but not limited to actual cost of material, etc. 'ect •r any location with out the receipt of a City issued Purchase by Sc efers Roofing Company without a PO is at the risk of 3. No work shall be started on any pro 4. The Contract documents w ich comprise this ••ntract between the City of Fayetteville and Schefers Roofinq Company consi of this Contract and ie following documents attached hereto, and made a part hereof: A. Bid form ident' ied as Invitation to Bid 11-2with the specifications and conditions typed thereon. B. Schefers Ro •fin • Com • an bid proposal, includi • mark up on materials and hourly rates. C. The Notice • Prospective Bidders and the Bid Tabul ion. 5. These Contract • ocuments constitute the entire agreement etween the City of Fayetteville and Schefers Roofi q Company and may be modified only by a du executed written instrument signed by the City of Fayetteville and Schefers Roofinq Company. 6. Schefers Roofinq Company shall not assign its duties under the terms •f this agreement. 7. Schefers Roofinq Company 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 11-23, Roofing Repairs and Upgrades Page 1 of 3 8. Schefers Roofing Company agrees to abide by the following American Recovery and Reinvestment Act (ARRA) Provisions at all times and fully provide efforts to assist the City wit 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 e United States except as provided in the following: b. i. The cost of the domestic iron, steel, and/or manufacture • goods would be unreasonable. The cost of domestic iron, steel, or manufacture • goods used in the project is unreasonable when the cumulative cost of such m erial will increase the cost of the overall project by more than 25 percent; ii. The iro , steel, and/or manufactured good is •t produced, or manufactured in the United S .tes in sufficient and reasonably av ilable quantities and of a satisfactory quality; or iii. The applicatio of the restriction of secti•n 1605 of the Recovery Act would be inconsistent wit the public interest. iv. If all received quo -s do not meet the section 1605 of the Recovery Act the City of Fayetteville is requir:d to receive indep= dent verification from the Federal Government to move forward. oofinq ste g ag C • mpany assures to create or obtain a waste en rated by a proposed project prior to the project e r ent plan will describe the plan to dispose of any ruction and demolition debris, old light bulbs, lead ed equipment, debris, and asbestos) generated as a Roofing Company shall ensure that the project is in c: I regulations for waste disposal. Schefers Roofing em=nt plan and related documentation available to the pon -quest (for example, during a post -award audit). Waste Stream — Schefers management plan addressing w generating waste. This waste m sanitary or hazardous waste (e.g., ballasts, piping, roofing material, disc result of the proposed project. Schefe compliance with all Federal, state and Company shall make the waste ma City to or DOE (Department of Ener lo g )u c. Davis -Bacon Wage Rates - S efers Roof' g Company agrees to pay wage rates as presented in the latest publishe wage rates fo Davis -Bacon for federally funded projects. Schefers Roofing Company all submit certifi=• payrolls to the City of Fayetteville upon delivery of detailed invoicing. 9. Schefers Roofing Company sha Fayetteville, showing that he carrie term of the Contract. Any work su worker's compensation insuranc contract is not protected under provide and shall cause each protection of such of his empl furnish a certificate o the following insurance wh let, the contractor shall require . In case any employee engag orker's Compensation Insurance, ubcontractor to provide adequate em ees as are not otherwise protected. insurance addressed to the City of h shall be maintained throughout the the subcontractor similarly to provide d in work on the project under this chefers Roofing Company shall loyer's liability insurance for the Workmen's Compensation Statutory Amount Comprehensive General & Automobile insurance Bodily Injury Liability Property Damage Liability Bid 11-23, Roofing Repairs and Upgrades Page 2 of 3 $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Schefers Roofing Company. 10. Schefers Roofing Company to furnish proof of licensure as required by all local and state agencies. 11. This contract may be terminated by the City of Fayetteville or Schefers Roofing Company with 10 days written notice. 12. Freedom of Information Act: City of Fayetteville contracts and documents •repared while performing city contractual work are subject to the Arkansas Freedom of Info -tion Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide t e documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Informatio Act (A.C.A. 25-19-101 et. Seq.). Only leg- y authorized photo coping costs pursuant to the FOIA ma a assessed for this compliance. 13. Changes in Scope or Price: Changes, modifications, or ame • ments in scope, price or fees to this contract shall not be allowed w hout a prior formal contract a -ndment approved by the Mayor and the City Council in advance of the c ange in scope, cost or fees WITNESS OUR HANDS THIS DA OF , 2011. CI r OF FAYETTEVILLE, F YETTEVILLE, ARKANSAS T:,. NY SECRETARY Po t3ox, 26 BUSINESS ADDRES LD JORDAN, Mayor ttest. Sondra Smith, City Clerk -re`e - /Zoo (oc q Cai,,.. /uK' D TITLE BY Bid 11-23, Roofing Repairs and Upgrades Page 3 of 3 evllle ARKANSAS BID: 11-23 DATE: 03/22/11 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-23, Roofing Repairs and Upgrades Name of Contractor: Schefers Roofing SECTION :Materials Subject to 13uy;American Requirements k B x 3 z �4F,, I S{ / ,B Item Description Murk Up % Contractors Material Cost Estimate $$ Amount of Mark Up t `^ S$ Amount Mark Up PLUS Material Cost 1 2 3 4 5 6 General Material (Cost plus %) $0-$100 45% x $1,500 = $675 $2,175.00 General Material (Cost plus %) $101-$500 35% x $I,500 = $525 $2,025.00 General Material (Cost plus %) $501-$1000 35% x $1,500 = $525 $2,025.00 General Material (Cost plus %) $1001 -and tip 35% x $1,500 = $525 `k $2,025.00 Reflective Paint Material 35% x $2,000 = $700 $2,700.00 New Reflective Roof Material - Standing Seam Metal Roof 35% x $30,000 -- $10,500 $40,500.00 Estimated Cost for Section A (Sum of Items 1-6): $51,450.00 SECTION B: Labor Subject to Davis -Bacon Wage Rates A , B C (A X B) Item Description Estimated hours HourlyRate ,;FCost Estimated Labor 7 8 9 10 Roofing - Rate I (Applicatior/Installer) 100 x $38.55 = $3,855.00 Roofing - Rate 2 (Installer/Foreman) 100 x $45.00 = $4,500.00 Roofing - Rate 3 (Foreman/Supervisor) 8 x $53.55 = $428.40 Roofing - Rate 4 (Supervisor/lnspector) 3 x $107.00 = $321.00 Estimated Cost for Section B (Sum of Items 7-10): $9,104.40 $60,554.40 **Total Estimated Cost for Items 1-10 (sum of Section A + Section B) *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: P. VICE, PURCH MGR /"--� WITNESS in,dftZ/if( DATE 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 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: CE ' i S 1oori �..I Purchase Order and /Payments shall be issued to this name *BUSINESS ADDRESS: 07-43 ThPPy *CITY: P1 I/4G`7T kt.0 *PHONE: 4P74?- 7(7-27-79 *STATE: 1172-, *ZIP: 727W2 - FAX: 1-fic% -7 t'7- 2 d. *E-MAIL: SFW€c cW F ?LS a-coei-10' • Co/Yi *BY: (PRINTED NAME)��� = A W( *AUTHORIZED SIGNATURE: > . l/l J[r t • r ` *TITLE: i 1 PCI*- A es *DATE: f J / ZZ / 2c / 1 Acknowledge Addendums: Addendum No. 1 Dated:/'t/ti Acknowledged by: I /.1 , LJ", Addendum No. Z Dated: ?/t //i Acknowledged by:, /i. IA I to Addendum No. 2 � Dated: 51 t7/ (( Acknowledged by:0�/ � � - J'�'"` - Addendum No. Dated: Acknowledged by: Bid 11-23, Addendum 1 — REVISED BID FORM Page3of3 Telecommunications Device for the Deaf .TDD. (474) 521-1316 113 West Mountain - Fayetteville, AR 72701 City of Fayetteville Bid 11-23, Roofing Repairs & Upgrades Bid Pricing Form — REVISED PER ADDEDNUM 1 . BID 1 1-28.., ADDENDUM 1 - REVISED BID FORM , _..,, :• . -,...._ Con(ractors Material Cost Ululate • " ,..:.,„•42- ; ,. SS Amount of S$ Amount Mark U Mark:1* PLUS Material Cost Item Description Mark Up % 1 2 3 4 5 6 General Material (Cost plui %) $Q-$100 46- 1. $1,500 1675.60 ilsa76,760 Gtaieral Material (Cost plus %) $101-$500%111 - 35- W $1,500 woo .0o• a 2 028: oo General ivlaterial (Cost phis %) $501-$10001 55- $1,500 4...00 •i-4-2 6745-.00 General Matetial (Cost plus %) $1001 -and up -°/ $1'500 160605 co Reflective Paint Material .5 5- ./. 1 $2,000 1 _ma 040 1 .2 700,00 New Reflective Roof Material - Standing Seam Metal Roof .5 6--- °/, $30,000 /0 Gal 00 60 0.49° Estimated Cost for Section A (Stint of Items 1-6); $ 6SECTION B: LaborC Subject WDai-Bacon VigeRates'....,,..;'lij:::, ' A ::•.:::s. q.:, ,,., Item Description: Mot basic trade is listed as "Rate I". Skill set increases with increased rate number. itimated hour othfeo to came? Hourly Rate ES0111attd tmbor Cost 7 8 9 10 Roofing - Rate 1 (Applicatior/Initaller) 100 I $ 38.56 1 $ a (36 -"TP Roofing - Rate 2. (Installer/Foreman) 100 $ • 46. 00 L Tao, w Roofing - Rate 3 (Forerrian/Superyisor) 8 i $ Roofing - Rate 4 (Supervisor/Inspector) 3 i $ 0 . co 1 $. 3 / • co • Estimated Cost for Section 13 (Sum -of Items 7-10. /14 9 • **.T0.0.1 Estimated:Cost for Items 1-10 (sum gpciloa A,÷secOon 0) $. 0 .. . daiCa "Sid bond required on 5% of "Total Estimated Cost for Items 1-10", - A 100% Performance and Pa ment bond is re•uirecl for same within ten da s atter notice of contract award., Narne of Contractor 6.04612-S RWF/ Ale? arktrici Woe)) 04 ex oF PA -15 ?gpi FecproF Bid 11-23, Addendum 1 —REVISED BID FORM °B.Peg; C°RP61"-Ita2Y oPe4kolFuewP14P :i' -'31;u411-01/41-11) Page 2 of 3 1-14e-trry of -Rt yerrEo,u_a II1Ay tS 'Telecommunications Device for the.Deaf TOD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 -City of Fayetteville... _ ....... _ . . Bid 11-23, Roofing Repairs and Upgrades Bid Proposal Form (shall be submitted with all bids) This page becomes an integral part of the proposal submitted by SC RS ROOF/ NI (Vendor/Company Name) The undersigned proposes to furnish and deliver, in accordance with the requirements of these bid documents issued February of 2011, prepared by the City of Fayetteville, Purchasing Division, for the time period beginning date of Bid Award and ending twelve months thereafter as per Bid 11- 23, subject to four one (1) year annual renewals. Item numbers below refer to the same numbered paragraph of the Instructions to Bidders and the Specifications. INSTRUCTIONS TO BIDDERS: 1.1. Prices shall include all labor, supervision, materials, equipment, transportation and services necessary to do a top quality job. YES X NO 1.2. Discounts offered: 1.3. Condition of Bid FIRM? YES a$ NO SUBJECT TO ESCALATION Method of Escalation, if applicable BIDS MUST BE FIRM FOR ACCEPTANCE FOR 90 Days Bid is Firm / 7(0 Days Weeks 1.4. Bidder will accept total bid only? YES NO X (or any portion of bid award) YES x NO 1.5 Bidder has submitted an original bid document? YESX NO 1.6 Bidder will provide Workman's Compensation Insurance as outlined? YES X NO 1.7 Bidder will provide General Liability Insurance as outlined? YES NO 1.8 Bidder will provide Automobile Coverage as outlined? YES x NO 1.9 Bidder will indemnify the City of Fayetteville? YES j( NO 2.0 Bidder has included qualification & experience information as required? YES X NO 3.0 PURCHASES BY OTHER PUBLIC AGENCIES: Bidder agrees to extend pricing, terms, and conditions to other public agencies YES )< NO City of Fayetteville, AR Bid 11-23, Roofing Repairs and Upgrades Page 24 of 29 4.0- --RESPONSE TIME Bidder agrees to have a person on call for emergencies twenty four hours a day? /� YES NO Bidder agrees to one (1) hour emergency response time? YES X NO Bidder agrees to two to three day response time for regular calls unless an extension is approved by City project manager? YES x NO 5.0 DAVIS-BACON PREVAILING WAGE DETERMINATION Bidder agrees meet all wage requirements as outlined and required, including but not limited to certified payroll reporting? YES _ NO 6.0 BUY AMERICAN Bidder agrees follow all Buy American requirements? YES )< NO 7.0 PROFESSIONAL STANDARDS Bidder agrees to have professional workmanship and perform work in a manner consistent with the industry in which it is related to? YES ,x NO BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA: ADDENDUM NO. / DATED /%w 4 2.0// ADDENDUM NO. L. DATED /jfb JI lr,ZOI/ ADDENDUM NO. 3 DATED/Nl ieeih7?.o/( This page becomes an integral part of the proposal submitted by Sciirmets ReDnici67 (Vendor/Company Name) We propose to furnish the equipment/material as indicated in this Bid Blank, provided to the City of Fayetteville with transportation charges prepaid, and for the price quoted below. All equipment/material to be furnished in accordance with City of Fayetteville specifications attached hereto. City of Fayetteville, AR Bid 11-23, Roofing Repairs and Upgrades Page 25 of 29 City -of - Fayetteville _ ...... Bid 11-23, Roofing Repairs and Upgrades Vendor References The following information is required from all Proposers •soall proposals may be reviewed and properly evaluated COMPANY NAME: CH i5eS / 7/ O ./ �-�J BUSINESS ADDRESS: % J�5 R)PIPY i i PcT tp/`� NUMBER OF YEARS IN BUSINESS: l4 HOW LONG IN PRESENT LOCATION: Ty/g. TOTAL NUMBER OF CURRENT EMPLOYEES: a2,Z FULL TIME (,2 PART TIME..- ' NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: /2 FULL TIME 3 PART TIME PLEASE LIST LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST THREE (3) YEARS (All fields must be completed): 1. VI(VEt.TY Aggiddli5A5 2. f ZJJ'ITrO//,(� a5013-61-1310,SQ COMPANY NAME COMPANY NAME ` plev/Nc7.FAe/ y,,�_ �) '� �coFir� ktx i5 <&4 �, FP►t7dV9. +I, s3gi K�� 0, 5,1(,' t 52.1 Jr jE= , . ' y f!�!':14lE,iJ 7 7&2 / bs� 7Z`�t� 8 CITY, STATE, ZIP7 7O3 CITY, STATE, ZIP ` �7oStJ [ECmIIRM7 )IIZ ME'S (t li-)E 2&OFA)) RifgleibiePTO CONTACT PERSON CONTACT PERSON 471-409-25610 /'/79- 6,193 il7N-379- 337/ - 47 757) TELEPHONE TELEPHONE 't79- ? t - 484/#1779-5-6--4g6? FAX NUMBER E-MAIL ADDRESS 41% -76-0 -- 4 90 FAX NUMBER E-MAIL ADDRESS 3. KR T-- -F—oatS 4.kis � COMPANY NAME COMPANY NAME 607 soo-Tit/T" C. 0 "" SOS O( G -r6( eKu S7 Z CITY, STATE, ZIP MQ -J011 -Le. OE. 72-7f . CITY, STATE, ZIP ie ,t-,q,?Z 141 s CONTACT PERSON 4 A-' Mo2,2r 6 CONTACT PERSON 79= 273 -d of I z5-/ 7? -2 .576-7 -4164 ---(129z M9 -694-727? TELEPHONE -� -Z73 —21153 TELEPHONE FAX NUMBER �1 MNf 1. S5 P/eAr , COM E-MAIL ADDRESS City of Fayetteville, AR Bid 11-23, Roofing Repairs and Upgrades Page 26 of 29 419 -464- g28 FAX NUMBER 4 vtU,AeirEcs C' . coin E-MAIL ADDRESS 5 St LAIQ A'1ZF PAU •zr 'Ta 61 -lbw -\ 6Glzs r y oFbcn. vuaiZ/c C, Pkv i c T s i'nd Pcr y is City of Fayetteville Bid 11-23, Roofing Repairs and Upgrades Debarment Certification Form — THIS FORM SHALL BE SUBITTED WITH ALL BIDS As A BIDDER on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Debarment: Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: --3—"EFW D, Dick -&i-22-- P• tA COMPANY: S re S Rtoria Cog?i•I/6E.M PHYSICAL ADDRESS: /n703ThiPPYC, Rl */3 zi211,164tte42.7Z762-(Ow"'ae( AstoOtozq MAILING ADDRESS: P . BOX 70( lee Lt v' 7Z712- • e� ' 0/0. PHONE:41 -7/7-2Z-7V8/6 -6i7 -1002- FAX: 44'7(7 /9* "72/b "7c1 EMAIL:fieW O Q5Ct1L 6 fl&v A-IC7.Cdr✓1 SIGNATUR��-�/./i DATE, 3f eill NOTICE: CAUSE: Debarment by an agency pursuant to FAR 9.406-2, GPO Instructions 110.11A, or PS Publication 41, for one or more of the following causes (a) conviction of or civil Judgment for fraud violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity; (b) violation of the terms of a Government contract, such as a willful failure to perform in accordance with its terms ora history of failure to perform; or (c) any other cause of a serious and compelling nature affecting responsibility. (See Code N- Debarment pursuant to FAR 9.406 2(b)(2) Drug Free Workplace Act of 1988.) TREATMENT: Contractors are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the City determines that there is a compelling reason for such action. Government prime contractors, when required by the terms of their contract, shall not enter into any subcontract equal to or in excess of $25,000 with a contractor that is debarred, suspended, or proposed for debarment, unless there is a compelling reason to do so. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing. City of Fayetteville, AR Bid 11-23, Roofing Repairs and Upgrades Page 27 of 29 City of Fayetteville ' Bid 11-23, Roofing Repairs and Upgrades 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: 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. Printed Name -5(r SA Date City of Fayetteville, AR Bid 11-23, Roofing Repairs and Upgrades Page 28 of 29 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Schefers Roofing Company P.O. Box 326, Grain Valley, MO 64029 as Principal, hereinafter called the Principal, and Merchants Bonding Company (Mutual) 2100 Fleur Drive, Des Moines, IA 50321-1158 a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville 113 W. Mountain, Fayetteville, AR 72701 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reroof of Chamber of Commerce & 3 Mount Sequoyah Locations, Curb Work at Botanical Gardens. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of Mess) (Witness) March , 2011 Schefers Roofing Company (P "ncipal) Merc = s Bonding C1Y•any Mut al) (S AttoKelly (Seal)• (Title) (Seal) (Title) AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 197 D. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WAS INGTON, D.C. 20006 MERCHANTS -VON 17 X:N G -COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principat office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint George R. Donnelly, Mark S. Nauser, Kelly R. Watson, Steven L. Nicholson Erie D. Benton, Chandler H. Cullor of Overland Park and State of Kansas its true and lawful Attomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: SEVEN MILLION ($7,000,000.00) DOLLARS ' and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and at the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE Ii, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE'll, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the. execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Its President and Its corporate seal to be hereto affixed, this27th day of2009... rE. .A:.c: y•1933 e. By .•J4• 3 •1�.. • STATE OF IOWA COUNTY OF POLK ss. On this 27th day of May , 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing Instrument, and that the Seal affixed to the said instrument Is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. . MERCHANTS BONDING COMPANY (MUTUAL) President STATE OF IOWA COUNTY OF POLK ss. A. CINDY SMYTH e ; Commission Number 173504 °W" MyCommission archi 16,201xpires eudy Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Wnereof, l have hereunto set my hand and affixed the seal of the Company on this 18Tillay of MARCH , 2011 POA 0001 (1109) .Secretary Reeftafbidnatn Kynar 500°or Hylar 5000TM Limited Warranty MATERIAL DESCRIPTION: SOLD TO: OWNER: JOB NAME: INVOiCE'.Nliif I, j3ER EFF.BCTIVEDATE: DATE ISSUE: Berridge Manufacturing Company warrants tha t ynar 500f oei;. ar 3. 500011' 70%full-strength Fluoropoty erfinishuwill•performfortwentar (20) years from date of installation ,n effective sottlpg mates al within the scope of the conditions,,"'d d limitations defined in l'sr warranty dgcui en>v t`i ix z •„ EFFECTIVEURFACiNG Id1 ;DEFINED`TO MEAN: 4. 1. Freedo �.' � cking,chiapingorp. rig duetothedeterioration ofthe finishb ''riodoft ienty(20)yearsfromdateofpurchase, exclusive ofm arlicaldamageorotherabnormalcontingencies. (See Para 2). 2. Freedoi',rm,n ,colorchanges in excess of 5 NBS Units (Using the NBS unif' of color notation as measured on the MEECO Colormaster. ASTM -D-2244) for a period of twenty (20) years from date of purchase. 3. Freedom from chalking in excess of Number 8 Rating (ASTM -D-659-80) for a period of twenty (20) years from date of installation. TERMS AND CONDITIONS OF WARRANTY: 1. Berridge shall not have any obligation under this Warranty,.,,un�til all invoices for installation, supplies and services have beeripaid in full to Berridge and to the Roofer. 2. BERRIDGE HAS NO OBLIGATION N9RzNFi'ESPONSiBlL FOR DAMAGE TO FINISH OR MATERIAIh°S USED;,9Y GCCS*OMER MUST NOTIFY BERRIDGE MANUFACTURING C . ii. PA'NY IN WRITING WITHIN THIRTY (30) DAYS FROM D1 COVERYOFTHECONDiTiONWHICHISTHEBASISOFANY CLAIM AND ALLOW AN INSPECTION OF THE MATERIALS DURING NORMAL BUSINESS HOURS. BERRIDGE MANUFACTURING COMPANY'S OBLIGATION WITH RESPECT TO THIS WARRANTY IS LIMITED AS FOLLOWS: A. In theeventofavalid claim, Berridge Manufacturing Company shall, at its option: a.) assume the rea sole costs to restore the finish on the materials; b.) fujrni3;h"Tre(i aacement materials; or c.) refund the original purch'a'se price.•paid to Berridge for the materials less five percentt5%,a) for Bach year which has lapsed since the;.date of purchWs>e f the naterials. B. Berridge Manufacturing Company ;rnaxlroum liability for any claim under thi Limited Warran jt will be th:4 lesser of the ttrjg > mounts; calculated pursuMc to a, b .dd.ip of paragraph Y"> ii1?.A *: wilt be at ti.ia sole discption0Berridge Manufacturing *any to dateline which action will be taken with respect 'any claim under th 1 mited Warranty. in no event shall midge Manufacturing Company's liability :exceed the lesser of the cost of replacing or restoring the defective panels. `lite warranty on any repaired or replaced product shall be for the remainder of the warranty period applicable to the original purchase. F. EXCEPT AS SET FORTH HEREIN, BERRIDGE MANUFACTURING COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,AND HEREBY EXPRESSLYDENIES THESAME. This warranty is tendered for the sole benefit of the original owner of the project named herein and is not transferable or assignable. Berridge's only liability and responsibility is to the terms and conditions of this Warranty, This Warranty supersedes and is in lieu of any and alt other warranties (whether express or implied) that are either in addition to or in conflict with the term(s) and condition(s) stated herein. In the event a court of competent jurisdiction rules that any portion of this Limited Warranty is unenforceable, the remainder of this Limited Warranty shall be construed and enforced as if the stricken portion was not a part hereof originally. FOLLOWING CONDITIONS: A. Materials installed in corrosive or aggressiveFepvaronm�lt including, but notiimitedto, ssubjecttomaflb_ga�; feoonditr- saltwater, saltwaterspr , d icaIs, otlharr�` leases:, lith the:. xceptto� of norm al pp lotion. ., z B. A tof God; falling objgcts„,r0OxexterriallorceS. C. AkhArmal or harmful gases, fumes or chemicals other than eneT i'r Ilution. - G D. Phystcafarageafterjhstallatioh,intentionalorunintentional, whether ca60:411byuse, misuse, negligence, vandalism, 5. orxcessiveff9 t traffic on roof area. E. An I�r>r.sfate[s which damages finish after installation of 6. mafeJiats on project. F. Physical damage caused during the forming process due to machinery or roll forming process used. G Slopes of the roof or sections with a pitch of less than one in twenty-four or otherwise as to allow puddling or staining. 7. H. Deterioration of finish or materials due to improper storage prior to or during installation process. I. Deterioration of the finish or substrate caused by standing water or condensation. J. Discoloration or damage to panel finish caused by failure to remove factory -applied protective strippable plastic film. BERRIDGE MANUFACTURING COMPANY 1 6515 Fratt Road, San Antonio, TX 78218 1 P: (210) 6504050 1 F: (210) 650-0379 rev.03D810.2l RitynarWamant