Loading...
HomeMy WebLinkAbout72-11 RESOLUTIONRESOLUTION NO. 72-11 A RESOLUTION AWARDING BID #11-25 AND AUTHORIZING A CONTRACT WITH HECKATHORN CONSTRUCTION COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $40,742.00 FOR WINDOW AND DOOR REPLACEMENTS 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 #11-25 and authorizes a contract with Heckathorn Construction Company, Inc. in an amount not to exceed $40,742.00 for window and door replacements 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: 6th4/Ai S DRA E. SMITH, ity C1erk/Treasurer `9`11111iTTf91fi11 @ O 13 .r. : FAYETTEVILLE sV a.10 Av �R B'yj® ed @Gd `rte ��°g,�; 01, t1.0 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 window and door replacement lowest qualified bidder is Heckathorn (Bid 11-25). Cost of this request 2240.9240.5342.99 Account Number none 09011.0020 Project Number 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 Budgeted Item X Budget Adjustment Attached \L(), Dep i t Director 5-1j Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Attorney Date c�.,� ... 4-zo-z6li Finance and Internal Services Director Date 04-15-11P03:10 RCVD Received in City Clerk's Office ILti;ki 4 Received in Mayor's Office Comments: Revised January 15, 2009 aye ev ,le THE CITY OF FAYETTEVILLE, ARKANSAS CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8272 TO: Lioneld Jordan, Mayor FROM: John Coleman, Director of Sustainability & Strategic Planning -c, Thru: Don Marr, Chief of Staff DATE: April 11, 2011 SUBJECT: Bid 11-25, Window & Door Replacement 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 11-25 for Window & Door Replacement not to exceed a total cost of $40,742 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. Heckathorn Construction was 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. le THE CITY OF FAYETTEVILLE, ARKANSAS ArK1.\SAS www.accessfayetteville.org CONTRACT REFERENCE BID: 11-25, Window & Door Replacements Contractor: Heckathorn Construction Company, Inc. Term: 1 year with 4 automatic renewal options This contract executed this 3r8 day of May, 2011, between the City of Fayetteville, Arkansas, and Heckathorn Construction Company, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Heckathorn Construction Company, Inc. at its own cost and expense shall furnish alI labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete only those items specifically ordered by the City of Fayetteville by Purchase Order which are within Bid 11-25 as stated in Heckathorn Construction Company, Inc.'s bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 11-25. 2. The City of Fayetteville shall pay Heckathorn Construction Company, Inc. based on its bid form in pricing as shown in the bid and attached to this contract for any items specifically ordered by the City's Purchase Order. 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. Heckathorn Construction Company, 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 Heckathorn Construction Company, 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 Heckathorn Construction Company, 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. Heckathorn Construction 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 Heckathorn Construction Company, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 11-25 with the specifications and conditions typed thereon. B. Heckathorn Construction Company, 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 Heckathorn Construction Company, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Heckathorn Construction Company, Inc. 6. Heckathorn Construction Company, Inc. shall not assign its duties under the terms of this agreement. 7. Heckathorn Construction Company, 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 Bid 11-25, Window & Door Replacements Page 1 of 3 of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 8. Heckathorn Construction Company, 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 — Heckathorn Construction Company, 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. Heckathorn Construction Company, Inc. shall ensure that the project is in compliance with all Federal, state and local regulations for waste disposal. Heckathorn Construction Company, 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 - Heckathorn Construction Company, Inc. agrees to pay wage rates as presented in the latest published wage rates for Davis -Bacon for federally funded projects. Heckathorn Construction Company, Inc. shall submit certified payrolls to the City of Fayetteville upon delivery of detailed invoicing. 9. Heckathorn Construction Company, 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 tern 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, Heckathorn Construction Company, 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 Bid 11-25, Window & Door Replacements Page2of3 $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 Heckathorn Construction Company, Inc. 10. Heckathorn Construction Company, Inc. shall furnish proof of licensure as required by all local and state agencies. 11. This contract may be terminated without penalty by the City of Fayetteville or Heckathom Construction Company, 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- 19-10I 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. HECKATIIORN. CITY OF FAYETTEVILLE, CONSTRUCTION COMPANY, INC A' > NSAS By acv. L.,t ecL -r 1 Pie5rart . f Printed Contractor Name & Title IO ' ELD J S , Mayor ATTEST: ATTEST: omeYA/ ve62Zei Company Secretary S 4ec ovc— eSO 001- �U1va KYCKtre Business Address City, State & Zip Code Date Signed: CA'Z'S Bid 11-25, Window & Door Replacements Page 3 of 3 _ i,/ i _ .iil/. o l'ra Smit , City Clerk Date Signed: qao`°CCN 01 -FR r'", v FAY ETTEVILLE: ? qas9s• kANsP °°es�(G �ON1�C'1,0 (4/15/2011) John Coleman - B1d Tab 11 25, Window and Door RepEacel I lents df Page 157-Tztrieyllie ; BID: 11-25 DATE: 03122/11 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-25, Window and Door Replacements Name of Contractor: Heckathom Construction Company Contractors Material Cot Estimate $$ Amount of Mark Up $$ Amount Mark Up PLUS Material Cost !tea Description Mark Up % 1 General Material (Cost plus %) $0-$100 15% x $1,500 $225 J $1,725.00 2 General Material (Cost plus %) $ t01-$500 12% a $1,500 = $180 $1,580.00 3 General Material (Cost plus %) $501-$1000 10% x $1.,500 = $150 $1,650.00 4 General Material (Cost plus %) $1001 -and up ° 14/o x $1,500 $150 ' � $1,650.00 5 Doors 10% x $1,000 - $100 $1,100.00 6 Windows 10% x $25,000 = $2,500 $27,500.00 Estimated Cost for Section A (Sum of Items 1-6): $35,305.00 SECTION B: Labor Subject to Davis -Bacon Wage Rates A B C (A X B) Item Description Estimated hours k Hourly Rate Estimated Labor Cost 7 8 9 10 Window & Door Replacement - Rate 1 (Installer) 80 x $27.00 = $2,160.00 Window & Door Replacement - Rate 2 (Installer/Foreman) 80 x $37.00 = $2,960.00 Window & Door Replacement - Rate 3 (Foreman/Inspector) 4 x $41.00 = $164.00 Window & Door Replacement - Rate 4 (Supervisor/Inspector) 3 x $51.00 - $153.00 Estimated Cost for Section B (Sum of Items 7-10): $5,437.00 $40,742.00 **Total Estimated Cost for Items 1-10 (Sum of Section A+Section 8) 'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: U-ozsL P. VICE, PURCH MGR 10/ff-( DATE f RESOLUTION NO. A RESOLUTION AWARDING BID #11-25 AND AUTHORIZING A CONTRACT WITH HECKATHORN CONSTRUCTION COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $40,742.00 FOR WINDOW AND DOOR REPLACEMENTS 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 #11-25 and authorizes a contract with Heckathorn Construction Company, Inc. in an amount not to exceed $40,742.00 for window and door replacements 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 evi le ARKANSAS CONTRACT REFERENCE BID: 11-25, Window & Door Replacements Contractor: Heckathorn Construction Company, Inc. Term: 1 year with 4 a tomatic renewal options THE CITY OF EAYETTEVILLE, ARKANSAS This contract executed this day of , 2011, bettyen the City of Fayetteville, Arkansas, and Heckathorn Construction Co pany, Inc. In consideration of e mutual covenants contained herein, the parties agree as follows: 1. Heckathorn Construction ompanv, Inc. at its •wn cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and service- necessary to complete items bid per Bid 11-25 as stated in Heckathorn Construction Com • . nv, Inc. • id proposal, and in accordance with specifications attached hereto and made a part he -of unde Bid 11-25, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Heckat % • rn Construction Company, Inc. based on their bid form in pricing as shown in bid and attached o is contract. Payments will be made after approval and acceptance of work, submission of d ailed i, voice, and submission of certified payroll. Payments will be made within a maximum 30 ays afte acceptance of invoice. Heckathorn Construction Company, Inc. agrees to make • tailed invoic g related documentation available to the City or the Department of Energy (DOE) up • request (for e ample, during a post -award audit), including but not limited to actual cost of material etc. Order (PO). All work pelf risk of Hec athorn Cons = ny project for any locati • med by Heckathorn Const uction Com • an 3. No work shall be started on Inc. with out the receipt of a City issued Purchase ction Com an Inc. without a PO is at the 4. The Contract docume which comprise this contract betwe- the City of Fayetteville and Heckathorn Construction Com • . Inc. consist of this Contract and the following documents attached hereto, and made a part her -of: n A. Bid form dentified as Invitation to Bid 11-25 with the s• -cifications and conditions typed thereon. B. Hecka orn Construction Company, Inc. bid proposal, inclu •' g mark up on materials and hour) rates. C. The otice to Prospective Bidders and the Bid Tabulation. n These ntract documents constitute the entire agreement between the • ity of Fayetteville and Heckat orn Construction Company, Inc. and may be modified only by a • my executed written instru ent signed by the City of Fayetteville and Heckathorn Construction Comp ny, Inc. 6. Heckathorn Construction Company, Inc. shall not assign its duties under the terms of this agreement. 7. Heckathorn Construction Company, 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 Bid 11-25, Window & Door Replacements Page 1 of 3 death, arising from performance of this contract. This clause shall not in any rm or manner be construed to waive that tort immunity set forth under Arkansas Law. 8. Heckathorn Construction Company, Inc. agrees to abide by the following 1 merican Recovery and Reinvestment Act (ARRA) Provisions at all times and fully provide effo r s to assist the City with compliance: a. B , American — Section 1605 of the Recovery Act re • ires that all iron, steel, and ma ufactured goods used in the project must be produced thin the United States except as prove ed in the following; i. . e cost of the domestic iron, steel, and/or man ctured goods would be unreasonable. Thcost of domestic iron, steel, or manu =ctured goods used in the project is unre: sonable when the cumulative cost of ch material will increase the cost of the overa • roject by more than 25 percent; b. ii. The iron, steel, and/or manufactured • •od is not produced, or manufactured in the United Sta -s in sufficient and reaso ably available quantities and of a satisfactory quality; or iii. The application inconsistent with t of the restrictio public inter iv. If all received quotes Fayetteville is required to move forward. do no re Waste Stream — Heckathorn waste management plan addr generating waste. This w sanitary or hazardous wa ballasts, piping, roofing result of the proposed pr project is in complia Heckathorn Constru documentation avai example, during a of section 1605 of the Recovery Act would be t. eet the Section 1605 of the Recovery Act the City of ive independent verification from the Federal Government ssing to mana e (e.g., con terial, discarde ject. Heckathorn e with all Federal, tion Com • an Inc. sha ble to the City to or DO st-award audit). truction Company, Inc. assures to create or obtain a ste generated by a proposed project prior to the project ment plan will describe the plan to dispose of any ruction and demolition debris, old light bulbs, lead equipment, debris, and asbestos) generated as a onstruction Com • an Inc. shall ensure that the ate and local regulations for waste disposal. make the waste management plan and related (Department of Energy) upon request (for c. Davis -Bacon W : ge Rates - Heckathorn Construct! n Com • an Inc. agrees to pay wage rates as prese ted in the latest published wage rates for Davis -Bacon for federally funded projects. Hec athorn Construction Company, Inc. shall .ubmit certified payrolls to the City of Fayetteville on delivery of detailed invoicing. 9. Heckathorn Con of Fayetteville, the term of th provide work under this Construct employer' uction Com • an nc. shall furnish a certificate of owing that he carries the following insurance which s Contract. Any work sublet, the contractor shall require t is compensation insurance. in case any employee enga contract is not protected under Worker's Compensation n Com • an Inc. shall provide and shall cause each Subcontrac liability insurance for the protection of such of his employees as are n surance addressed to the City all be maintained throughout subcontractor similarly to d in work on the project surance, Heckathorn r to provide adequate otherwise protected. Work - n's Com • ensation Statutory Amount Comprehensive General & Automobile Insurance Bid 11-25, Window & Door Replacements Page2of3 Bodily Injury Liability $500,000 for each person injure $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 p.. id by Heckathorn Construction Company, Inc. nstruction Company, Inc. to furnish proof of 'censure as required by all local and This contract may +e terminated by the City of Fayettevil • or Heckathorn Construction Company, Inc. with 10 days wn , en notice. Freedom of Information ct: city contractual work ar Information Act request i possible to provide the doc Freedom of Information Act ( pursuant to the FOIA may be as City of Fayetteville con subject to the Arkansa presented to the City ments in a promp .C.A. 25-19-101 essed for this 13. Changes in Scope or Price: Cha contract shall not be allowed without City Council in advance of the change acts and documents prepared while performing Freedom of Information Act. If a Freedom of of Fayetteville, the contractor will do everything and timely manner as prescribed in the Arkansas t. Seq.). Only legally authorized photo coping costs ompliance. ifcations, or amendments in scope, price or fees to this formal contract amendment approved by the Mayor and the scope, cost or fees. WITNESS OUR HANDS THIS DAY ►, , 2011. TTEST: C • MPANY ' ECRETARY Secretary LIONE CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS D JORDAN; Mayor Attest: Sondr Smith, City Clerk Heck. :. •4,mo. -..is ._, Oar•- �� B,ie�_ ,resident NA E ND TITLE Don L. Hec thorn Janet S. Heckat'orn 1880 North Bir h Avenue Fa etteville, AR 72703 BUSINESS AD ' - ESS Bid 11-25, Window & Door Replacements Page 3 of 3 aye evllle BID: 11.25 DATE: 03/22111 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-25, Window and Door Replacements Name of Contractor: Heckathorn Construction Company ubjecttoBuyA�mertnstl te(yrials?? i 5� equictitt'htskK, y£ £ i h § h E Eg 1 Item Description Mark Up % Contractors Material Cost Estimate SS Amount of Mark Up g SS Amount Mark Up PLUS Material Cost 2 3 4 s 6 General Material (Cost plus %) $0-$100 15% x $1,500 s $225 $1,725,00 General Material (Cost plus %) $101-$500 12% x $1,500 - $180 $1,680.00 General Material (Cost plus %) $501-$1000 10% x $1,500 = $150 $1,650.00 General Material (Cost plus %) $I001 -and up l0% x'• $1,500 $150 $1,650.00 Doors 10% x $L000 - $100 \ $1,100.00 Windows 10%n x $25,000 - $2,500 1` $27,500.00 Estimated Cost for Section A (Sum of Items 1.6): $35,305.00 • SECTION B: Labor Subject to Davis -Bacon Wage Rates A B c (A x B) Item Description Estimated hours * ; Hourly Rate Estimated Labor Cost 7 8 9 10 Window & Door Replacement - Rate 1 (Installer) 80 x $27.00 - $2,160.00 Window & Door Replacement - Rate 2 (Installer/Foreman) $0 x $37.00 = $2,960.00 Window & Door Replacement - Rate 3 (Foreman/Inspector) 4 a $1.00 = $164.00 Window & Door Replacement - Rate 4 (Supervisor/Inspector) 3 x $51.00 - $153.00 Estimated Cost for Section B (Sum of Items 7-10): $5,437.00 $40,742.00 **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 f/j/(2.‘, WITNESS 0 E DA 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: Heckathorn Construction Company, Inc. Purchase Order and /Payments shall be Issued to this name *BUSINESS ADDRESS: 1880 N. Birch Avenue *CITY: Fayetteville *STATE: AR *PHONE: 479-442-5386 *E-MAIL: heckconst@sbcglobal.net *ZIP: 72703 FAX: 479-442-7385 Arkansas License No: 0023780411 *By: (PRINTED NAME) Don *AUTHORIZED SIGNATU Attest Company L. Heckathorn Secreta *TITLE: President *DATE March 1 2011 Acknowledge Addendums: Addendum No. 1 Dated: 3-04-2011 Acknowledged by: David Christian Hansen Addendum No. 2 Dated: 3-41-2011 Acknowledged by: David Christian Hansen Addendum No. 3 Dated: 3-17-2011 Acknowledged by: David Christian Hansen Addendum No. Dated: Acknowledged by: Bid 11-25, Addendum 1 —REVISED BID FORM Page3of3 Te`.ownuntmications Device for the Deaf TDD (4791521-13115 113 West Mountain - Fayetteville, AR 7270! City of Fayetteville Bid 11-25, Window & Door Replacements Bid Pricing Form -- REVISED PER ADDEDNUM 1 BID 11-25, ADDENDUM 1 - REVISED BID FORM . SECTION A. Materials Subject to Buy American Requirements r A 5 C 1 B I (A % B) = D iii (B + C) Ite,n Description Mark Up % Contractors Material Cost Estimate $S Amount of Mark Up SS Amount Mark Up PLUS Material Cost 1 2 3 4 5 6 General Material (Cost plus %) $0-$10015 % x $1,500 = 225 S 1, 725 General Material (Cast plus %) $10l-$500 12 % x $1,500 _ 180 S 1, 680' General Material (Cost plus %) $501-$100010 % x $1,500 150 3 1, 650 General Material (Cost plus %) $1001 -anti up 10 °fax $1,500 _ 150 S 1 650 Doors 10 % x $1,000 „ 100 1,100 Windows10 % x $25,000 S 2,500 $ 27, 500 Estimated Cost for Section A (Sum of Items 1-4): $ 35, 305 SECTION B. Labor Subject to Davis -Bacon Wage Rates A 13 C (A XI 13) Item Description:. Most basic trade is listed as "Rate 1". Skill set increases with increased rate number, Edauatedhours �tk/scrlo crmnga Hour Rate Hourly Estimated Labor • Cost 7 8 9 10 'Window & Door Replacement - Rate 1 (Installer) 80 x S 27.00 s $ 2,160 Window & Door Replacement - Rate 2 (Installer/Foreman) 80 x 3 37.00 3 $ 2, 960 Window & Door Replacement - Rate 3 (Foreman/Inspector) 4 . x 3 41.00 = $ 164 Window & Door Replacement - Rate 4 (Supervisor/Inspector) 3 x $ 51.00 = $ 153 Estimated Cost for Section B (Sum of Items 7-10): $ 5 ,1137 **Total Estimated Cost for Items 1-10 (sum of Section A + Section B) $ 40, 742 **Bid bond required on 5% of "Total Estimated Cost for Items 1-10". A 100% Performance and Payment bond is required for same within ten days after notice of contract award. Name of Contractor. Heckathorn Construction Company, Inc. Arkansas State License No. 0023780411 Bid 11-25, Addendum 1 — REVISED SID FORM Page 2 of 3 Tni'Kw,mm.rnicntionf Device for the Deaf TOD 14791521-1316 113 West Mountain • Fayetteville. AR 72701 City of Fayetteville Bid 11-25, Window & Door Replacements Bid Proposal Form (shall be submitted with all bids) This page becomes an integral part of the proposal submitted by Heckathorn Construction Company, 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- 25, 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: N/A 1.3. Condition of Bid FIRM? YES x NO SUBJECT TO ESCALATION ...N/A Method of Escalation, if applicable NIA BIDS MUST BE FIRM FOR ACCEPTANCE FOR 90 Days Bid is Firm 90 Days Weeks 1.4. Bidder will accept total bid only? YES X NO (or any portion of bid award) YES NO x 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 x NO City of Fayetteville, AR Bid 11-25, Window & Door Replacements Page 24 of 29 City of Fayetteville Bid 11-25, Window & Door Replacements Vendor References The following information is required from all Proposers so all proposals may be reviewed and properly evaluated COMPANY NAME: Heckathorn Construction Company, Inc. BUSINESS ADDRESS: 1880 N. Birch Avenue Fayetteville, AR 72703 NUMBER OF YEARS IN BUSINESS: 50 Years HOW LONG IN PRESENT LOCATION: 32 Years TOTAL NUMBER OF CURRENT EMPLOYEES: 10 FULL TIME 1 PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: 4 FULL TIME 0 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. City of Elkins ---Library COMPANY NAME COMPANY NAME Elkins, AR 72727 Prairie Grove, AR 72756 2. Prairie Grove Telephone Company CITY, STATE, ZIP Susan Unger CITY, STATE, ZIP David Parks CONTACT PERSON CONTACT PERSON 479-643-2904 479-846-7200 TELEPHONE TELEPHONE NONE 479-267-1112 FAX NUMBER FAX NUMBER librarylady@windstream.net dmp@pgtc.cora E-MAIL ADDRESS E-MAIL ADDRESS 3. Beverly Manor Apartments COMPANY NAME 4. Northwest Arkansas Community College COMPANY NAME (Burns Hall) Fayetteville, AR 72701 Bentonville, AR 72712 CITY, STATE, ZIP CITY, STATE, ZIP Allen White Jim Lay CONTACT PERSON CONTACT PERSON 479-521-8442 479-619-4130 TELEPHONE TELEPHONE 479-521-8411 479-619-7067 FAX NUMBER FAX NUMBER allen42@awbell.net -flay@nwacc.edu E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR Bid 11-25, Window & Door Replacements Page 26 of 29 City of .Fayetteville Bid 11-25, Window & Door Replacements 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: Don L. Heckathorn COMPANY: Heckathorn Construction Company, Inc. PHYSICAL ADDRESS: 1880 N. Birch Avenue Fayetteville, AR 72703 MAILING ADDRESS: 1880 N. Birch Avenue Fayetteville, AR 72703 PHONE: 479-442-5386 FAX: 479-442-7385 EMAIL: heckconstcgl..bal. et SIGNATURE: DATE: March 22, 2011 NOTICE: CAUSE: Debarment by an agency pursuant to FAR 9.408-2, 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 fhe terms of a Government contract, such as a willful failure to Perform 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 9.408 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 specifled term as determined by the debarring agency and as indicated in the listing. City of Fayetteville, AR Bid 11-25, Window & Door Replacements Page 27 of 29 City of Fayetteville Bid 11-25, Window & Door Replacements Statement of Disclosure — To Be Submitted With ALL Bids This page does not count towards page limitations set forth in this request for proposal or bid. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID OR PROPOSAL: 1.) 1, 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. Don G. Heckathorn Prin u Na Signature March 22, 2011 Date City of Fayetteville, AR Bid 1145, Window & Door Replacements Page 28 of 29 BID BOND Contemns with The American Institute of Architects, MA. Document Na. A-310 KNOW ALL BYTHESE PRESENTS, That we, Heckathorn Construction Company, Inc. and the Hartford Fire Insurance Company of One Hartford Plaza, Hartford, Connecticut the laws of the State of Connecticut as Principal, hereinafter called the I r ncipal, City of Fayetteville. Arkansas in the sum of Five Percent of Amount of Bid a corporation duty organized under as Surety, hereinafter called the Surety, are held and firmly bound nate as Obligee, hereinafter called the Obligee, Dollars ($ 5% of Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Suety, bind ourselves, our heirs, cxc7Ctttois, administrators, successors and assiggns. Jointly and severally, firmly by these pmts, WHEREAS, the Principal has submitted a bid fori _2 acements Fa etteville Arkansas NOW. THEREFORE, if the Obligee shalt accept the bid of the Principal and lige Principal shall eraser 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 material furnished 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 beti:n the amount specified in said bid and such larger amount for which the Obligee may in good titith contract with another Fatty to perform the Work covered by said bid, then this obligation shall be mdI and void, otherwise to remain in full force and effect. Signed and sealed this tRq day , 2011 POWER OF ATTORNEI' KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct inquiries/Claims to: THE HARTFORD _. --BOND, T-4 P.O_ BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 cal!: 888-266-3488 or fax: 860-757-5835 Agency Code: 38-591481 X X X Hartford Fire Insurance Company, a corporation duly organized under the laws oldie State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Benson A. Cashion, Matthew K. Cashion, Jr., Judy Schoggen, Maar H. Griffin, Cynthia L. hickey, Pamela K. Hays, Nick W. Peters of Little Rock, AR their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Scott Sadowsky, Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD ss. Hartford M. Ross Fisher, Assistant Vice President On this 1 sr day of February, 2004, before me personally came M. Ross Fisher, to me known, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. CERTIFICATE Scott E. Pasch Notary Public My Commission Expires October 3 t, 2012 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 18, 2011 Signed and sealed at the City of Hartford. Gary W. Stumper, Assistant Vice President