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70-11 RESOLUTION
RESOLUTION NO. 70-11 A RESOLUTION AWARDING BID #11-22 AND AUTHORIZING A CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC. IN AN AMOUNT NOT TO EXCEED $62,237.00 FOR HVAC AND REPAIR SERVICES 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 #11-22 and authorizes a contract with Multi -Craft Contractors, Inc. in an amount not to exceed $62,237.00 for HVAC and repair services 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. irO LD JO ' S i Mayor By: C pf,..SO DRA E. SMITH, CityTreasurer 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 Action Required: Department 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 HVAC lowest qualified bidder is Multi -Craft (Bid 11- 22). 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 1 Project Budget Energy Block Grant Program Category / Project Name 195.00 Energy Block Grant Funds Used to Date Program / Project Category Name NTE $220,000.0015 contracts Energy Block Grant Remaining Balance Fund Name Budget Adjustment Attached 4,4 ��/` Date Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received inCA--15-11P03=10 RCVD Clerk's Office ‘-/Kkit:,,,, Received in Mayor's Office Comments: Revised January 15, 2009 aye eve 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 11-22, HVAC & Repair Services 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 one of five contracts, Bid 11-22 for Heating, Ventilation & Air Conditioning Services not to exceed a total cost of $62,237 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 options. Multi -Craft was the lowest responsive, responsible 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. ave evi le CONTRACT Reference Bid: 11-22, HVAC Installation & Repair Services Contractor: Multi -Craft Contractors, Inc. Term: 1 year with 4 automatic renewal options THE CITY OF FAY EVILLE, ARKANSAS This contract executed this 3rd day of May 2011, between the City of Fayetteville, Arkansas, and Multi -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 11-22 as stated in Multi -Craft Contractors, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 11-22. 2. The City of Fayetteville shall pay Multi -Craft Contractors, 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. Multi -Craft Contractors, 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 Multi -Craft Contractors, 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 Multi -Craft Contractors, 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. Multi - Craft Contractors, 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 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 11-22 with the specifications and conditions typed thereon. B. Multi -Craft Contractors. Inc. 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 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. 6. Multi -Craft Contractors. Inc. shall not assign its duties under the terms of this agreement. 7. 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 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 11-22, HVAC Installation & Repair Services Page 1 of 3 8. Multi -Craft Contractors. 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 — Multi -Craft Contractors, 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. Multi -Craft Contractors, Inc. shall ensure that the project is in compliance with all Federal, state and local regulations for waste disposal. Multi - Craft Contractors. 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 - Multi -Craft Contractors, Inc. agrees to pay wage rates as presented in the latest published wage rates for Davis -Bacon for federally funded projects. Multi -Craft Contractors. Inc. shall submit certified payrolls to the City of Fayetteville upon delivery of detailed invoicing. 9. 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. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability $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 Multi -Craft Contractors. Inc. 10. Multi -Craft Contractors. Inc. to furnish proof of licensure as required by all local and state agencies. Bid 11-22, HVAC Installation & Repair Services Page 2 of 3 11. This contract may be terminated without penalty by the City of Fayetteville or Multi -Craft Contractors, 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 m advance of the change in scope, cost or fees. MULTI -CRAFT CONTRACTORS, INC By: L., )4 iJAii KE e)V.49 Printed Contractor Name& Title ATTEST: C pany Secretary -P.D.2oK 1700 Business Address sf .I).4 A2 -42:46-- !7( City, State & Zip Code Date Signed: 41116/ c901( Bid 11-22, HVAC Installation & Repair Services Page 3 of 3 CITY OF FAYETTEVILLE, SAS I I NELD J ATTEST: , Mayor ��•�C,�'pF a ° •°��Y FAYETTEVILLE: s • c.D .1,5;0 %� S J e,+e ..,-q6y� k °rya Po z eikaG}0'& CS ra Smith, City Clerk Date Signed:, RESOLUTION NO. A RESOLUTION AWARDING BID #11-22 AND AUTHORIZING A CONTRACT WITH MULTI -CRAFT CONTRACTORS, INC. IN AN AMOUNT NOT TO EXCEED $62,237.00 FOR HVAC AND REPAIR SERVICES 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 #11-22 and authorizes a contract with Multi -Craft Contractors, Inc. in an amount not to exceed $62,237.00 for HVAC and repair services 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 0/15/2011) John Coleman Bid Tab 11-22, HVAC Installation and Repair Services„pdf aye eyIJe Bid 11-22, HVAC Installation and Repair Services BID: 11-22 DATE: 01122/11 TIME: 7:00 PM CITY OF FAVETTEVILLE Name of Contractor: Carrier Corporation Multi -Craft Contractors, Inc. heat pexrlptlon Fifth Up S6 C.01141014ContCMtors o- Mintai Cort Eollo Nle AAmpum nr .Meru lap AAemuot; MprkL'. P1.11SMnteritl Cos: Mark Up'a MateripiC t k}rhnotC SS Amount of Morkk Up AAmouo[Mark U1. PLUS Alimnlal Cost I 2_ s 4 6 6000121Hlmerjai (Cost Plus%) S0.5100 - 10096 $1.500 53,500 03,000.0(1 3a% 51.1110 3450.00 11,950.00 General Maleriai (Coll plus%) 5101-5300 7384 S3 U00 52230 1 53,250.00 25% a 53.000 .. 5750.00 53,750.00 (imeral Material (Cull pass IS) 1501-51000 SO% 3[,500 $750 52,250.00 05% . 51300 - 5225.00 51,725.00 General Mwaia] (Cora plus %) 57401-a1,d up 33% 15,500 0.195 11,993.00 43% . 51.500 - 5225.00 01,725.00 Purchases al New Onils 25°% 130,000. 57,500 537,500.00 15% 530,000 - 54,500.00 534,500.00 RunNI Equipment (Gust plus 9S) 25% x 51,500 5375 51,875.00 10% 51,500 5150.00 01,650.00 Ealimaled Cost tar Section A (yam of Items I.0)t 551,670.00 545,300.00 SECTION $: Labor &him to ault-➢wren H'a6eRoles A II CC {A X B) A 11 s (A x li) that ocaeripnPn Eylren 1Arun 11outly 10.tt &rtim(NGlar Pat lap bre Bandy Rare nr Fsanueel meCon 7 8 9 10 HVAC •Rale 1(FaWieaiur/014a1le) 140 a 58550 511,970.00 190 x 550.00 57,000.00 11VAC • Itate2 (lamdilesiMeohnnic) 140 x 565.50 1111.70.00 140 z 050.00 07,000.00 IVAC- Rate 3Ens enlIt/a t:clinician) 42 : 085.50 - 53,591.00 42 x 065.00 52,730.00 HVAC -Rale 4 (Commissioning Agent) 3 x 599.05 = 0297.00 3 x 169.00 5207.00 Kat mated Cost for Secllon E (Sans nt 11ems 7-10): 527,620.00 010,937.00 **Total Estimated Cool for Items 1-1U 1su6n *clip,. A 9 K.gmr si $62;239:06 $79,598.00 CERTIFIED: 'NOTICE: Eld award is contingent upon vendor meeting minimum speoiftoations and formal authoriaation by City officials, P. VICE, PORCH MGR 1e THE CITY OF FAYETTEVILLE, ARKANSAS } ARKANSAS www.accessfayetteville.org CONTRACT REFERENCE BID: 11-22, AC Installation & Repair Services Contractor: Multi -Craft Cont ctors, Inc. Term: 1 year with 4 automatic enewal options This contract executed this d Multi -Craft Contractors. Inc. In con ideration of the mutual cove nts contained herein, the parties agree as follows: of , 2011, betwe n the City of Fayetteville, Arkansas, and 1. Multi -Craft Contractors, Inc. at Is own cost and exp nse shall furnish all labor, materials, supplies, machinery, equipment, tools, sup ision, bonds, ins ance, tax permits, and all other accessories and services necessary to complete ite s bid per Bid 1 -22 as stated in Multi -Craft Contractors. Inc. bid proposal, and in accordance with sp=cifications att- ched hereto and made a part hereof under Bid 11- 22, all included herein as if spelled ou word for w• d. Multi- ft ontractors. Inc. based on their bid form in pricing as yments will be made after approval and acceptance of ission of certified payroll. Payments will be made within voice. Multi -Craft Contractors, Inc. agrees to make ble to the City or the Department of Energy (DOE) upon di including but not limited to actual cost of material, etc. 2. The City of Fayetteville shall pay Multi - shown in bid and attached to this contra work, submission of detailed invoice, and s a maximum 30 days after acceptance of detailed invoicing related documentation a request (for example, during a post-awar ra 3. No work shall be started on any proje Order (PO). All work performed by Craft Contractors. Inc. ail au for any I• ation with out the receipt of a City issued Purchase Iti-Craft C tractors. Inc. without a PO is at the risk of Multi - 4. The Contract documents which co prise this contract •etween the City of Fayetteville and Multi -Craft Contractors, inc. consist of this ontract and the folio ing documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 11-22 wit the specifications and conditions typed thereon. B. Multi -Craft Contract rs Inc. bid proposal, including . rk up on materials and hourly rates. C. The Notice to Prosp ctive Bidders and the Bid Tabulatio 5. These Contract documen Craft Contractors. Inc. City of Fayetteville and constitute the entire agreement betwen the City of Fayetteville and Multi- nd may be modified only by a duly execu'-d written instrument signed by the ulti-Craft Contractors. Inc. 6. Multi -Craft Contracto , Inc. shall not assign its duties under the term of this agreement. 7. 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 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 11-22, HVAC Insulation & Repair Services Page 1 of 3 8. Multi -Craft Contractors, 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 require that all iron, steel, and manufactured goods used in the project must be produced within he United States except as provided in the following: i. The cost of the domestic iron, steel, and/or manufactur d goods would be unreasonable. The cost of domestic iron, steel, or manufactur goods used in the project is unreasonable when the cumulative cost of such m terial will increase the cost of the overall project by more than 25 percent; /~ ii. The iron, steel, - nd/or manufactured good is riot produced, or manufactured in the United States in ufficient and reasonably 7 liable quantities and of a satisfactory quality; or iii. The application of he restriction of sectio 1605 of the Recovery Act would be inconsistent with the . ublic interest. iv. If all received quotes o not meet the ; - ction 1605 of the Recovery Act the City of Fayetteville is required treceive indepe dent verification from the Federal Government to move forward. b. Waste Stream — Multi -Craft ► • ntractor Inc. assures to create or obtain a waste management plan addressing wa-• e generated by a proposed project prior to the project generating waste. This waste ma gem t plan will describe the plan to dispose of any sanitary or hazardous waste (e.g., • nstr ction and demolition debris, old light bulbs, lead ballasts, piping, roofing material, disca de + equipment, debris, and asbestos) generated as a result of the proposed project. Multi -Cr • Contractors, Inc. shall ensure that the project is in compliance with all Federal, state anlocal regulations for waste disposal. Multi -Craft Contractors, Inc. shall make the waste agement plan and related documentation available to the City to or DOE (Department of :ner• ) upon request (for example, during a post -award audit). c. Davis -Bacon Wage Rates - Multi Craft Co tractors. Inc. agrees to pay wage rates as presented in the latest published , age rates 0 r Davis -Bacon for federally funded projects. Multi -Craft Contractors, Inc. shsubmit certi -d payrolls to the City of Fayetteville upon delivery of detailed invoicing. 9. Multi -Craft Contractors, Inc. shall f Fayetteville, showing that he carries th term of the Contract. Any work sublet, worker's compensation insurance. 1 contract is not protected under Work provide and shall cause each Subco protection of such of his employees Workmen's Compensation Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability Bid 11-22, HVAC Insulation & Repair Services Page 2 of 3 nish a certificate following insurance e contractor shall requ case any employee eng 's Compensation Insuran tractor to provide adequate are not otherwise protected. f insurance addressed to the City of ich shall be maintained throughout the e the subcontractor similarly to provide ed in work on the project under this Multi -Craft Contractors, Inc. shall mployer's liability insurance for the Statutory Amount $500,000 for each person injur $1,000,000 for each accident. $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Multi -Craft Contractors, Inc. 10. Multi -Craft Contractors, Inc. to furnish proof of licensure as required by all local and state agencies. 11. This contract may be term ted by the City of Fayetteville or Multi -Craft Contractors, Inc. with 10 days written notice. 12. Freedom of Information Act: ity of Fayetteville contracts and doc i ments prepared while performing city contractual work are sub.' ct to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is pres-nted to the City of Fayettevi e, the contractor will do everything possible to provide the docume s in a prompt and timely anner as prescribed in the Arkansas Freedom of Information Act (A.C. . 25-19-101 et. Seq.). 0 y legally authorized photo coping costs pursuant to the FOIA may be asses -.-d for this compliance. 13. Changes in Scope or Price: Chang= , modifications, o amendments in scope, price or fees to this contract shall not be allowed without a rior formal contr . ct amendment approved by the Mayor and the City Council in advance of the change i scope, cost o fees. WITNESS OUR HANDS THIS DAY OF , 2011. ATT CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS NELD JORDAN, Mayor Attest: bondra Smith, City Clerk BY NAME AND TI LE ARY P.L . BoX 17Cao sPR-I uC-DA- BUSINESS ADDRESS 7�-7-t 70o fr2 Bid 11-22, HVAC Insulation & Repair Services Page 3 of 3 Trfatoille Bid 11-22, HVAC Installation and Repair Services BIO: 11-32 DATE: 03122111 TIME: 2:00 PM CITY OF FAYETTEVILLE Name of Contractor: Carrier Corporation Multi -Craft Contractors, Inc. SECTION' A: Materials. .:.:,:'5uhjeci'Iti:Btiy Amerkan R�quirevneats • ...:...:..:.'.A': ; _:: � �_' � i B. C .. SR • D— - rr�'��I.:,....4r.X.B)B i.. ••nmvB.rti . .:t# :. p. C lrcm 4neriptiuv Mork Up % - ?cPoinmnr4 ;. ?Nater$$! Cis _ P.xtim.tr auB). - S , of Mark Up Mark 5 SS UP I PLUS hi.rrriai Curl Mark 1`- 96 I is Hulerixl (Taal a k:rlim.le Amount of SSA l Mark Up Au, ark 44 o.at M Up PI.IfS M.tcrLU Cost 2 3 n 5 fi $saner$! Material (Cosi pias 9b) $4.5100 100/0 81,5.0 01,500 33.100.90 30% x $1,500 5450.00 $1,950.00 (icncral Materia) (Cast plus 96) 3101.5500 75% . 33,000 $2,250 1. 55,250.00 25% x $3,000 - 0750.00 2 $3,750.00 General Material (Cost plus o%) $501.01000 5036 51,500 x .. $750 32,250.40 1594 x 1$1,500, $225.00 51,725.00 General Maturip] (Gnat glue TO 51941-pna up 3396 x SI .5L1.0 5495 51,995.00 f 13% $1,500 = S225.00 31,725.00 Purchases of New 1.Mita 259'0 s $30,000 57,500 337,500.00 15% . 530,000 • 34,600.00 $34.500.00 Rental Equipment (Cost plus h) 250/ x E1.500 5375 Y 01,875.00 10% x $1,500 - 0150.00 51,650.00 Estimated Cast for Samson A (Suns of Items 1-65: 551,870,00 545.300.00 SECTION B: Labor subject t novis-$.con wage Rntcs A B C (A x 13) A I 11 , (A C x B) Sem 0 criprtun Estimated hours C llnuriy Rate k.li�€hd la6ur (Iiia t'atimated hears . !!curly Rik Estimated Labor � CCM 7 If 11, J I1VAC - Rate 1 {1'abricaror/Installer} 140 585.50 = 511.970.00 140 x $50100 - 57,000.00 HVAC - Rate 2 (1nstal er/51cchanic) 140 x 585.50 = 011,970.00 140 x 150.00 = 57,000.00 ., $VAC - Rate 3 (Installerll'cchaiciun) 42 z 585.50 - 53,591.00 4'2 x $65.00 - 52.730.00 HVAC - Rate 4 (Commissioning Agent) 3 x 599.00 = 5297.00 3 x $69.00 - 0207.00 Estimated Cast for .SeetiOrt R (Sum of linos 740): $27,828.00 $16.937.00 562,237.00 **Total. Estimafed Cost Par items 1-10 ism or Station A+Swim B) 379,698.00 CERTIFIED: 'NOTICE: Bid award is contingent upon vendor meeting minimum specifleaffone and formal authorization by City officials. (Si&J2 P. VICE, PliRCH MGR VA DAT 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: Multi -Craft Contractors, Inc. Purchase Order and !Payments shall be issued to this name *BUSINESS ADDRESS: P.O. Box 1760 *CITY: Springdale *STATE: AR *ZIP: 72765-1760 *PHONE: 479-751-4330 FAX: 479-751-4399 *E-MAIL: info@multi-craaft.net *BY: (PRINTED NAME) Dennie Kelly *AUTHORIZED SIGNATURE: Xic e. *TITLE: Vice President *DATE: March 22 2011 Acknowledge Addendums: Addendum No. 1 Dated: 03/04/11 Acknowledged by: Dennis Kelly Addendum No. 2 Dated: 03/11/11 Acknowledged by: Dennis Kelly Addendum No. 3 Dated: 03/17/11 Acknowledged by: Dennis Kelly Addendum No. Dated: Acknowledged by: Bid 11-22, Addendum 1 -- REVISED BID FORM Page 3 of 3 Telecommunications Device for the Deaf TDD {479) 521-1316 113 West Mountain - Fayetteville` AR 72701 City of Fayetteville Bid 11-22, HVAC Installation & Repair Services Bid Pricing Form — REVISED PER ADDEDNUM 1 BID 11-22 ADDENDUM 1 — REVISED_ BID FORM x , - --7 _ \EY '.F� IL � ,1 , i I ' rlI 1 , Mark Up % ( _ S$ Amount Mark Up PLUS Material Cost Contactors Material Cost Rsilmate SS Amount o[ a Mark Up hem Description General Material (Cost plus %) $0-$100 30 °/ $1,500 1 $450.00 $ 1,950.00 General Material (Cost plus %) $101-$500 25 0/• I $3,000 : $750.00 4, $ 3,750.00 r General Material (Cost plus %) $501-$1000 15 0/ 1 $1,500 1 $225.00 1,725.00 General Material (Cost plus %) $1001 -and up 15 1 $1,500 1 $225.00 $1,725.00 A Purchases of New Units a/: $30,000 "' ''1, III " i . Rental Equipment (Cost plus %) 10 °/ 1 $1,500 i $150.00 S1,650.00 Estimated Cost for Section A (Sum of Items 1-6): $ 45,300.00 >vt . i..sO g ?n 4 y�riM <1� f :$_ } "/..'iY tfti''L ''V ''''.*�' vA M1 I , 'do- T64va.f F ' riscM. tJ�r »qi =', sKi.L, .iN',C�e �'1Lv:V~ Hourly Rate Ar -:1 @ B Ix lx ksumateumr La _ Cost ii 11 I I> f `I � Description: Most basic trade is listed as "Rate 1" Shill set increases with increased isle number. 7 HVAC - Rate 1 (Fabricator/Installer) 140 3 50.10 $ 7,000.00 8 HVAC - Rate 2 (Installer/Mechanic) 140 1 $ 1.00 $ 7,000.00 9 HVAC - Rate 3 (Installer/Technician) ME i $ 65.00 1 $ 2,730.00 10 HVAC - Rate 4 (Commissioning Agent) ©I $ 69.00 $ 207.00 Estimated Cost for Section B (Sum of Items 7-10): $16,937.00 **Total Estimated Cost for Items 1-10 (sum of Section A + Section : $ $82.237.00 **Bid bond required on 5% of 'Total Estimated Cost for Items 1-10". A 100% Performance and Pa ment bond is re • uired for same within ten d- s after notice of contract award. Name of Contractor: Multi -Craft Contractors, Inc. Bid 11-22, Addendum 1 -- REVISED BID FORM Page 2 of 3 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 City of Fayetteville Bid 11--22, HVAC Installation & Repair Services Bid Proposal Form (shall be submitted with all bids) 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 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- 22, 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: none 1.3. Condition of Bid FIRM? YES X NO SUBJECT TO ESCALATION rslo Method of Escalation, if applicable BIDS MUST BE FIRM FOR ACCEPTANCE FOR 90 Days Bid is Firm x Days Weeks 1.4. Bidder will accept total bid only? YES X NO (or any portion of bid award) YES x NO 1.5 Bidder has submitted an original bid document? YES X 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 X NO 1.8 Bidder will provide Automobile Coverage as outlined? YES X NO 1.9 Bidder will indemnify the City of Fayetteville? YES X 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 xX City of Fayetteville, AR Bid 11-22, HVAC Installation & Repair Services Page 24 of 29 4.0 RESPONSE TIME Bidder agrees to have a person on call for emergencies twenty four hours a day? YESX NO Bidder agrees to four (4) hour emergency response time for City related calls? 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? YESX NO 6.0 BUY AMERICAN Bidder agrees follow all Buy American requirements? YES X 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 NO BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA: ADDENDUM NO. 1 DATED 03/04/2011 ADDENDUM NO. 2 DATED 03/11/2011 ADDENDUM NO. 3 DATED 03/17/2011 This page becomes an integral part of the proposal submitted by Multi -Craft Contractors, Inc. (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 famished in accordance with City of Fayetteville specifications attached hereto. City of Fayetteville, AR Bid 11-22, HVAC Installation & Repair Services Page 25 of 29 City of Fayetteville Bid -11-22, HVAC Installation & Repair Services Vendor References The following information is required from all Proposers so all proposals may be reviewed and properly evaluated COMPANY NAME: Multi -Craft Contractors, Inc. BUSINESS ADDRESS: P.O. Box 1760, Springdale AR 72765-1760 NUMBER OF YEARS IN BUSINESS: 39 HOW LONG IN PRESENT LOCATION: 24 TOTAL NUMBER OF CURRENT EMPLOYEES: 345 FULL TIME 4 PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: TBD FULL TIME PART TIME -Welch individuaTrp oject PLEASE LIST LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST THREE (3) YEARS (AIl fields must be completed): 1, Rockline Industries 2. Washington County Administration COMPANY NAME COMPANY NAME 1583 E. Mountain Rd., Springdale AR 72764 CITY, STATE, ZIP Mike Gray 280 N. College, Fayetteville AR 72701 CITY, STATE, ZIP Ron Wood CONTACT PERSON CONTACT PERSON 479-756-9251 479-466-2817 TELEPHONE 479=927-4388 FAX NUMBER megray@rocklineind.corn TELEPHONE 479-444-1648 FAX NUMBER unknown E-MAIL ADDRESS E-MAIL ADDRESS 3 Central United Methodist Church a. Preformed Line Products COMPANY NAME COMPANY NAME P.O. Box 1106, Fayetteville AR 72702 2740 S. 1st Street, Rogers AR 72758 CITY, STATE, ZIP Billy Jones CONTACT PERSON 479-442-4237 TELEPHONE 479442-4258 CITY, STATE, ZIP Dale Hoofard CONTACT PERSON 479-636-7600 TELEPHONE 479-636-0769 FAX NUMBER FAX NUMBER bjones@centraltolife.com dhoofard@preformed.com E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR Bid 11-22, HVAC Installation & Repair Services Page 26 of 29 City of Fayetteville Bid t1-22; HVAC Installation & Repair Services 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: Dennis Kelly COMPANY: Multi -Craft Contractors, Inc. PHYSICAL ADDRESS: 2300 Lowell, Road, Springdale AR 72764 MAILING ADDRESS: P.O. Box 1760, Springdale AR 72765-1760 PHONE: 479-751-4330 EMAIL: dlk@multi- aft.net SIGNATURE: FAX: 479-751-4399 DATE: March 22, 2011 ee4 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 perforin in accordance with its terms or a 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 contractor=*, 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 11-22, HVAC Installation & Repair Services Page 27 of 29 City of Fayetteville -Bid --11-22, HVAC Installation & Repair Services 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 mist 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 Printd Name a r Signature March 22, 2011 Date City of Fayetteville, AR Bid 11-22, HVAC Installation & Repair Services Page 28 of 29 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, Arkansa, 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 11-22, HVAC Installation and Repair Services ("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 17th day of March, 2011. Multi -Craft Contractors, Inc. (Principal) By: te,4 Travelers Casualty and Surety Company of America Marilyn e. Attorney -in -Fact W e, Attorney -in -Fact WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul -Guardian Insurance Company. Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217535 Certificate No. 0 010 695 38 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 Fnyettavilhh , State of Arkanfiac _ , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, real 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 ot:,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pi rinsited in any ecuons r proceedings allowed by law. 7th IN WETNESS WHEREOF, the Companies have caused this insir prre nl to be signed and thpir c rporatc seals to be hereto affixed, this day of August 2006 K �tt Farmington Casualty Cpntpi'a�ny.:�-' St. Paul Guardian Insurance Company Fidelity and Guaranty' nsurante Company ;,f ' St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance 11nderwrIters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company phStl,��r yyn•• Slr�r}' �y4t0.YM1q� D`*Ii,;Mpv9 Jayv1� �*YY ipQ� 1f�y"-.ry �vsoA�� C3ri' ,� pSPOR � QY` iej r� 9B=6 0 � � rrcoxaaottto a' 7927 g ... "'e �aF�t,PoaArstPri m '�, � m� ar n z FIAaTiF0A4J. < lNR1RGAal � � x x a . F State of Connecticut City of Hartford ss. By: rge W ompson, San' r Vic President 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 seat. VR My Commission expires the 30th day of June, 2011. O 58440-6-06 Printed in U.S.A. « . Marie C. Tetreault, Notary Public WARNING: This POWER OF ATTORNEY IS INVALID This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farrtrington 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, recognizauces, 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 RESOLVEI1, 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. 1, 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 �ornpany St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and SumpaiAmeri end United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power y,'exe e byby�ompanies, which is in full force and effect and has not been revoked. ` 9 y��ry. IN TESTIMONY WHEREOF I have hereunto set my hand aiyl 4fiI t s8t11s of s,dbiiusies. this I7&' day of'4/i . 20 IL Kori M. Johann Assistant Secretary 5aEfy pR *% �Ng 155 Tr'w0 rya ` Nm�h+a G�Oaiiin € .. €'T' avoeq fqR e�E.n �� t9ss se 1951 s 7i�2T ;PEAL ssR>tI� a 1977 y � }. � a•`t�i ANA' �iS � illy iy � 1 � p� Mn 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. Project Check List Bid 11-22, BVRC Installation and Repair Services This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) In lieu of a bid bond, the bidder may submit a cashier's check for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). X All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All bidders shall submit the following forms with each bid: Bid Pricing Form, Bid Proposal Form, Vendor References, Debarment Certification Form, & Statement of Disclosure. X All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractors License Number. City of Fayetteville, AR 'Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: Multi -Craft Contractors, Inc. ARKANSAS CONTRACTORS LICENSE NUMBER: City of Fayetteville, AR Bid 11-22, HVAC Installation & Repair Services Page 3 of 29 0025810311 fZe'a k- c-i PAYMENT AND PERFORMANCE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 BOND Doc ID 014184350005 Type: LIE Kind: PERFORMANCE BOND Recorded: 08/31/2011 at 03:35:24 PM Fee Amt: $35.00 Paae i of 5 Washington County. AR Bond No.: 105647837 Bette stamps Circuit Clerk FileBO3O-00000697 KNOW ALL PERSONS BY THESE PRESENTS, That we, Multi -Craft Contractors, Inc., as principal, (hereinafter called the "Principal"), and Travelers Casualty and Surety Company of America, a Connecticut corporation, as surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Fayetteville, as Obligee, in the sum of Seventy One Thousnd Seven Hundred Ninety Four & 55/100 -----Dollars ($71,794.55) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal has entered into a Contract with Obligee dated August 19, 2011, to perform construction work for 11-22, HVAC Installation & Repair Services ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform the Construction Work to be performed under the Contract, and shall promptly make payment to Claimants, as hereinafter defined, for all labor and material actually used, consumed or incorporated in the performance of the Construction Work under the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Surety's obligations hereunder to Obligee shall not arise unless Principal is in default under the Contract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for failing to perform the Construction Work; and Obligee has performed its obligations under the Contract. In such event, Surety shall have a reasonable period of time to: 1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons therefor. 4. The Contract balance, as defined below, shall be credited against the reasonable construction cost of completing the Construction Work to be performed under the Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable construction cost of completing the Construction Work exceeds the Contract balance, Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount of this bond. If Surety completes the work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the Construction Work to be done under the Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner. as said sums would have been payable to Principal had there been no default under the Contract. To the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract balance" as used herein shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as used herein shall mean the providing of all labor and/or material necessary to complete Principal's Payment and Performance Bond - Page 1 of 3 scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work. 5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after Principal ceased performing the Construction Work, excluding warranty work. If the public works bond statutes in the location where the Construction Work is being performed contains a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shalt commence to run no later than (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work, excluding warranty work, whichever occurs first. 6. A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or material is actually used, consumed or incorporated in the performance of the Construction Work under the Contract. 7. Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or material supplied by Claimant which was actually used, consumed or incorporated in the performance of the Construction Work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or supplied the last labor and/or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 8. No suit or action shall be commenced hereunder by any Claimant after the expiration of the earlier of: (a) one year after the day on which Claimant last supplied the labor and/or materials for which the claim is made; or (b) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant last supplied the labor and/or materials for which the claim is made. 9. No suit or action shall be commenced hereunder by Obligee or any Claimant other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 10. The amount of this bond shall be reduced by and to the extent of any payment or payments made by Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or otherwise in discharge of Principal's obligations. Surety's liability hereunder to Obligee and all Claimants is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Surety may, at its option, discharge all obligations under this bond by interpleading into the registry of any court of competent jurisdiction of the full unused penal sum of this bond, or such portion thereof that will satisfy the obligations owed to Obligee and/or Claimant(s). No right of action shall accrue on this bond to any person or entity other than Obligee and/or Claimant(s). The bond shall not afford coverage for any liability of Principal for tortious acts, whether or not said liability is direct or is Payment and Performance Bond - Page 2 of 3 imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. 11. This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed. Except as provided in paragraphs 5 and 8 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this 22nd day of August, 2011. Multi -Craft Contractors, Inc. (Principal) By. 9t-4 &zJ Travelers Casualty and Surety Company of America By: I Marilyn VMite, Attorney -in -Fact Payment and Performance Bond - Page 3 of 3 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ST PAUL POWER OF ATTORNEY TRAVELERS Farmington Casually Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217535 Certificate No. 001069 572 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 permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument.to be signed.arid the r:Corporate seals to be hereto affixed, this day of August 2006 `' �' s ; ;v I t• r• - 7th Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty 'Insurance Company " ` Si. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GFt:v��} St1tElY C FIRE 6 4 Q;,,N IX.s``� l Qy ,M54gq J��ltl �Np+ � �� �-�.•�� � ;i' '"a n tlCa�i4GtFU ml�a�voR�r�.I'i Wrco�rOR�rt.^ �' � �'"' u 19rt2 0 Y��s- i � � 1951 :r, :SEAL hod ��;STs1t.I,f� ;,Oo Dart a �+q t89g 6 y �t'+ d N� �`iw'rlew� 1f�t�,+c�`� '•+s� N'yE i sf•.. ,.�,a "` ^� �< � Y! State of Connecticut City of Hartford ss. By: orge W ompson, Sen' r Vic Resident 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, Si. 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. T*Aq My Commission expires the 30th day of June, 2011. C�llLt/�► C • V Marie C. Teireautt, Notary Public 58440-6-06 Printed in U.S.A. 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. 1, 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 Surety mpany :og`Americca-and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power 911ttomey'exeeuted b sa dtCompanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand andii .il the:seals of saidLComanies this day of ______________________,20 �. `� �` Y % Kori M. Johan Assistant Secretary 61.6V4T►w„:..•t'(� j ,P'Ii 0 l't' �'YO Oi'tirC�'-a �3 '�y ■PO��rr� y f6R�r''�e, 2 L*. �" z t„s o y � � � � 7951 Ny- f �, �.� e. �•�SEAL1�o" '��'+`$811J� �` � Fg 7>�� Q 3 t888 �p • � CFt� twNdts :.AMA ��.....: � •i ��• � AM[d�'" 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. 70- M t OP ID: MV COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION !/1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD ACRD" CERTIFICATE OF LIABILITY INSURANCE I DATE(MMJDDNYYY) 09101111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certcate holder in lieu of such endorsement s PRODUCER 479-684-5250 Regions insurance, Inc.(Fa 1465 E.Jayce Blvd, Suite 2 479�64�252 Fayetteville, AR 72703 Warren T"Bud" Baldwin Jr CEAc T PHONE FAX A/C No Exti:(A/C,No): ADDss: PRODUCER MULTI -2 CUSTOMER IDi INSURER S) AFFORDING COVERAGE NAIL f INSURED Multi -Craft Contractors, Inc. P.O. Box 1760 2300 Lowell Rd. Springdale, AR 72765-1760 INsuR>=RA:Hartford Fire Insurance Co 19682 INSURERB:TWin City Fire Insurance Co 29459 INSURER C: INSURER 0 INSURER E INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADBI. U51 POLICY NUMBER POLICY POLICY EXP LSARS GENERALLIABILITY EACHOCCURRENCE $ 1,000,000 LAMAULI0IYIN1LL) pREMISEs Eeoccurrence $ 100,000 A '1 X IC0MMC.0ENERALLIABILITY X $6UENOCI510 09101/11 03/01112 CLAIMS -MADE OCCUR MEDEXP(Anyonepersonl $ 5,000 PERSONAE &ADV 1/JURY $ 1,000,00 X Blkt Contractual GENERALAGGREGATE ; 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,00 $ POLICY X PRO LOC A AUTOMOBILE X LIABILITY ANY AUTO )( 36UENOCI511 09101/11 03/01/12 COMBINED SNGtE LIMIT IEaecaden u t,00D,000 EODILY r .uRY IPerpersorl $ ALL OWNEDAUTOS BODILY r URY (Per acDdenll S X SCHEDULED AUTOS HE/EDAUTOS PROPERTY DAMAGE (Perecclder/I S X NON -OWNED AUTOS UMBRELLA LLAB OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS LIAB j CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ B WORKERS COMPENSATION AI EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR)PARTNERIEXECUTIVE 36WE0C1509 09101111 03!01112 X WC STATU- OTH- TORY LIMITS ER EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NHI N/A E.L. DISEASE - EA EMPLOYEE $ 1, 000,00 II yes, descnbe under DESCRIPTION OF OPERATIONS below EL DISEASE POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHCLES (Attach ACORO 101, Additional Remarks Schedule, S more apace I. nqutnd) BID: 11-22, HVAC INSTALLATION & REPAIR SERVICES CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED BUT ONLY WITH RESPECT TO WORK PERFORMED BY THE NAMED INSURED ON THE SPECIFIED BID AND AS REQUIRED BY SIGNED WRITTEN CONTRACT. CIOFFAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fayetteville THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Andrea Foren ACCORDANCE WITH THE POLICY PROVISIONS. 113 Weal Mountain A11UffTI' RIZEDREPRESENTATIVE Fayettevile, AR 72701