Loading...
HomeMy WebLinkAbout73-11 RESOLUTIONRESOLUTION NO. 73-11 A RESOLUTION AWARDING BID #11-33 AND AUTHORIZING A CONTRACT WITH NATURAL STATE INSULATION IN AN AMOUNT NOT TO EXCEED $25,885.10 FOR ATTIC SEAL AND INSULATION 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 #11-33 and authorizes a contract with Natural State Insulation in an amount not to exceed $25,885.10 for attic seal and insulation services related to Energy Efficiency and Conservation Block Grant funded Community Revolving Loan Fund projects. PASSED and APPROVED this 3`d day of May, 2011. APPROVED: 1 LD JO , Mayor ATTEST: By: SON 44o . �44 E. SMITH, City Clerk/Treasurer ®ooa1,m1Fcvvvv ,,e%�RdUp TRs ® ®®O®oe v"'' O U m FAYETTEVILLE 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 attic seal/insulation lowest qualified bidder is Natural State Insulation (Bid 11-33). 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 Fi nce and Internal Services Director Chi:fofSt ayor /Zo -/i Date 2a // Date �1-26 z®t Date Lf --.)0-11 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 aye,. evLle ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 CORRESPONDENCE Telephone: (479) 575-8272 TO: Lioneld Jordan, Mayor FROM: John Coleman, Director of Sustainability & Strategic Planning Thru: Don Marr, Chief of Staff DATE: April 11, 2011 SUBJECT: Bid 11-33, Attic Seal & Insulation Services Re -Bid 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 11-33 for Attic Seal & Insulation Services not to exceed a total cost of $25,885.10 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. Natural State Insulation is the only bidder and is recommended for award. Budget Impact Contract costs will be paid for by Energy Efficiency and Conservation Block Grant funding as obtained by the City of Fayetteville in September 2009. Combined, Bids 11-22, 11-23, 11-25, 11-33, and 11-34 will not exceed $220,000 without further approval from the City Council. Other City Departments are allowed to utilize these annual contracts, but will be required to follow standard procurement procedures. Ta`etevi e www.accessfayetteville.org CONTRACT REFERENCE BID: 11-33, Attic Seal and Insulation Re -Bid Contractor: Natural State Insulation, LLC Term: 1 year with 4 automatic renewal options THE CITY OF FAYETTEVILLE, ARKANSAS This contract executed this 3rd day of May, between the City of Fayetteville, Arkansas, and Natural State Insulation, LLC. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Natural State Insulation, LLC 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 11-33 as stated in Natural State Insulation, LLC's bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 11-33. 2. The City of Fayetteville shall pay Natural State Insulation, LLC 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. Natural State Insulation, LLC 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 Natural State Insulation, LLC. 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 Natural State Insulation, LLC 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. Natural State Insulation, LLC 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 Natural State Insulation, LLC consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 11-33 with the specifications and conditions typed thereon. B. Natural State Insulation, LLC 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 Natural State Insulation, LLC and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Natural State Insulation, LLC. 6. Natural State Insulation, LLC shall not assign its duties under the terms of this agreement. 7. Natural State Insulation, LLC 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 11-33, Attic Seal & Insulation Re -Bid Page 1 of 3 8. Natural State Insulation, LLC 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 — Natural State Insulation, LLC 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. Natural State Insulation, LLC shall ensure that the project is in compliance with all Federal, state and local regulations for waste disposal. Natural State Insulation, LLC 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 - Natural State Insulation, LLC agrees to pay wage rates as presented in the latest published wage rates for Davis -Bacon for federally funded projects. Natural State Insulation, LLC shall submit certified payrolls to the City of Fayetteville upon delivery of detailed invoicing. 9. Natural State Insulation, LLC 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, Natural State Insulation, LLC 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 Natural State Insulation, LLC. Bid 11-33, Attic Seal & Insulation Re -Bid Page 2 of 3 10. Natural State Insulation, LLC to furnish proof of licensure as required by all local and state agencies. 11. This contract may be terminated without penalty by the City of Fayetteville or Natural State Insulation, LLC with 10 days' written notice. 12. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25- 19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. NATURAL STATE INSULATION, LLC Printed Contractor Name & Title ATTEST: /zoo 5/6 -Amar Business Address SP' 62 »-i- 7.276 5i City, State & Zip Code Date Signed:�Z-7 Bid 11-33, Attic Seal & Insulation Re -Bid Page 3 of 3 CITY OF FAYETTEVILLE, ARKANSAS ATTEST: AvikeiL) atkat- Sondra Smith, City Clerk Date Signed: 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: /1747 -ORAL 57 -4 -TE L, G, C. Purchase Order and /Payments sheltie issued to this name *BUSINESS ADDRESS: /2z20 S-7- Av 7 P.4c6 *CITY: 5-64/A/C 7)4 G E *STATE: 4/f *ZIP: 72 76 *PHONE: /79- 9S‘-- y6 O 0 FAX: G/79- 964 ` . e7/ *E-MAIL: f Slims Fer 6�06a-s . ne *BY: (PRINTED NAME) C//,44&--/2cw C' ;5' *AUTHORIZED SIGNATURE: *TITLE: /&47v.4 c *DATE: y / /, / half' City of Fayetteville, AR Bid 11-33, Attic Seal and Insulation Re -Bid Page 23 of 29 Estimated Cost for Section A (Sum of Items 1-6): City of Fayetteville Bid 11-33, Attic Seal & Insulation Services Re -Bid Bid Pricing Form BID 11-33, BID FORM Item 1 2 3 4 Description General Material (Cost plus %) $0-$100 General Material (Cost plus %) $101-$500 General Material (Cost plus %) $501-$1000 General Material (Cost plus %) $1001 -and up Attic Seal Spray Foam Insulation Blown Insulation Mark Up 1 1 1 1 1 1 Contractors Material Cost Estimate $1,500 $1,500 $1,500 $1,500 $15,000 $500 $$ Amount of Mark Up 1 1 1 1 1 75-4) SECTTON B: Labor Subject to Davis -Bacon Wage Rates Item 7 8 9 10 Description: Most basic trade is listed as 'Rate 1 ". Skill set increases with increased rate number. Attic Seal & Insulation - Rate 1 (Installer) Attic Seal & Insulation - Rate 2 (Installer/Foreman) Attic Seal & Insulation - Rate 3 (Foreman/Inspector) Attic Seal & Insulation - Rate 4 (Supervisor/Inspector) sthn sited hours subject to change 130 130 8 3 1 0 Hourly Rate $ $ 60 - $ $ /', 7S $ (A x B) Estimated Labor Cost $ 3 1 1 Estimated Cost for Section B (Sum of Items 7-10): * * Total Estimated Cost for Items 1-10 (sum or Section A + section B) $ $ /So 7/3.- $25-. gr5- **Bid bond required on 5% of "Total Estimated Cost for Items 1-10". A 100% Performance and Payment bond is re . uired for same within ten da s after notice of contract award. Name of Contractor: A47 -1/12A-/- L City of Fayetteville, AR Bid 11-33, Attic Seal and Insulation Re -Bid Page 22 of 29 City of Fayetteville Bid 11-33, Attic Seal & Insulation Services Re -Bid Bid Proposal Form (shall be submitted with all bids) This page becomes an integral part of the proposal submitted by A4 u/Lg t Sr.vsv 4417-7c2A L C C (Vendor/Company Name) The undersigned proposes to fumish 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- 33, subject to four one (1) year annual renewals. Item numbers below refer to the same numbered paragraph of the Instructions to Bidders and the Specifications. INSTRUCTIONS TO BIDDERS: 1.1. Prices shall include all labor, supervision, materials, equipment, transportation and services necessary to do a top quality job. YES X NO 1.2. Discounts offered: 1.3. Condition of Bid FIRM? YES X NO SUBJECT TO ESCALATION Method of Escalation, if applicable BIDS MUST BE FIRM FOR ACCEPTANCE FOR 90 Days Bid is Firm ?O Days Weeks 1.4. Bidder will accept total bid only? YES X NO (or any portion of bid award) YES 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 >< 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 11-33, Attic Seal and Insulation Re -Bid Page 24 of 29 4.0 RESPONSE TIME Bidder agrees to have a person on call for emergencies twenty four hours a day? YES >( NO Bidder agrees to two to three day response time for regular calls unless an extension is approved by City project manager? YES X NO 5.0 DAVIS-BACON PREVAILING WAGE DETERMINATION Bidder agrees meet all wage requirements as outlined and required, including but not limited to certified payroll reporting? YES X 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 X NO BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA: ADDENDUM NO. /0 DATED ADDENDUM NO. /VA DATED ADDENDUM NO. N/A DATED This page becomes an integral part of the proposal submitted by //�TU/f,4t 51/27-- "�ivsvt 4-7-rn sf/ L G (Vendor/Company Name) We propose to furnish the equipment/material as indicated in this Bid Blank, provided to the City of Fayetteville with transportation charges prepaid, and for the price quoted below. All equipment/material to be furnished in accordance with City of Fayetteville specifications attached hereto. City of Fayetteville, AR Bid 11-33, Attic Seal and Insulation Re -Bid Page 25 of 29 City of Fayetteville Bid 11-33, Attic Seal & Insulation Services Re -Bid Vendor References The following information is required from all Proposers so all proposals may be reviewed and properly evaluated COMPANY NAME: 47477/,4 SOL-A-Tno v / G C. BUSINESS ADDRESS: /200 S7E=1.c'4-4-r , ,*cam Sen_ ✓6-P.4Le: 4W 72 76 V NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: `/Af0.5/7/45,A, TOTAL NUMBER OF CURRENT EMPLOYEES: 7 FULL TIME ,v/A, PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: FULL TIME/,n 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. fj ENC MA -/Le aN r4ticr7o� r)," AIWA COMPANY NAME FAY9rr-vice /4g 7270/ CITY, STATE, ZIP CONTACT PERSON V79 -F7/ -z082 - TELEPHONE el%`r'- 2 $ /- /3i? FAX NUMBER evLchrvta.rkCo.'s f @ c , r E-MAIL ADDRESS 3. f;;; =5i - /�1i4- /A/4 COMPANY NAME /tie 722 2S - CITY, STATE, ZIP / /6"1///v�A--A-'C 57 -V CONTACT PERSON 4/7f- 3g7— z88S TELEPHONE 5-0f- 66/- 95-9.6 FAX NUMBER Kt yys @ east /e (-WIwa,c� E-MAIL ADDRESS City of Fayetteville, AR Bid 11-33, Attic Seal and Insulation Re -Bid Page 26 of 29 2. C. W. t1dCo/L0 e0N 57`2W Gr, o.c} COMPANY NAME FA-Yer 1/1 LL e /4/1 7274 y CITY, STATE, ZIP &Qv y Ct2Azt,Fo2.P CONTACT PERSON z/74-- 2s/-// / TELEPHONE «7?- 57/-//6l FAX NUMBER codc r er,z v-ro ro/, E-MAIL ADDRESS 4. /v!/ (&r Z4/ CON577WC77v,J Com -4R3,/ COMPANY NAME 5e,a tJ R /1 7276 2_ CITY, STATE, ZIP 1 -Ea VS CONTACT PERSON '/79- 757-- 3" TELEPHONE '/77- 7S- -y,Yv/ FAX NUMBER ,gfey-as 6) ivtstonec: E-MAIL ADDRESS City of Fayetteville Bid 11-33, Attic Seal & Insulation Services Re -Bid Debarment Certification Form — THIS FORM SHOULD 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: C "A -x -e o,) C: S/-/-4 2 ter' COMPANY: A47 -1//2A-1., 7c LCC PHYSICAL ADDRESS: /200 STvWZr 04C5 5��./62,A-Le Ad 7276y MAILING ADDRESS: 54 PHONE: «79— 966-y 1/4-00 FAX: 9T9 --?6‘- 4760/ EMAIL: CShcfer @ %>o/ic.se , !fte+ SIGNATURE: DATE: V/iS/i/ NOTICE: CAUSE: Debarment by an agency pursuant to FAR 9.406-2, GPO Instructions 110.11A, or PS Publication 41, for one or more of the following causes (a) conviction of or civil judgment for fraud violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity; (b) violation of the terms of a Government contract, such as a willful failure to perform in accordance with its terms 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. Govemment prime contractors, when required by the terms of their contract, shall not enter info 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 teen as determined by the debarring agency and as indicated in the listing. City of Fayetteville, AR Bid 11-33, Attic Seal and Insulation Re -Bid Page 27 of 29 City of Fayetteville Bid 11-33, Attic Seal & Insulation Services Re -Bid 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: K1.) 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. Qo,Quj Poky LIQ Printed Name Signature Date City of Fayetteville, AR Bid 11-33, Attic Seal and Insulation Re -Bid Page 28 of 29 GRANITE RE, INC. Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Natural State Insulation Commercial Contracting LLC as principal, hereinafter called the Principal, and Granite Re, Inc., 14001 Quailbrook Drive, Oklahoma City, OK 73134 a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville as Obligee, hereinafter called the Obligee, in the sum of *** Five Percent of the Bid Amount*****, Dollars ($*** 5 %* for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project: Bid #11x33 Insulation of 4 Non Profits, Fayetteville, AR Bid Date: 4-18-11 NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with 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 between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of April, 2011 Jaya ticd-c-kv\_ Witness GR0709-2 Natural State I < '.n Commercial Contracting LLC Princip Title Gran' e (Seal) Billy Eugen- : ennett Attorney in Fact GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 26th day of June, 2007. STATE OF OKLAHOMA ) ) SS: COUNTY OF OKLAHOMA ) Kenneth D. Whitting on, President Rodman A. Frates, Secretary/Treasurer On this 26'h day of June, 2007, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9, 2012 Commission #: 00005708 Notary Publi GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 18th day of April , 20 11 . GR0800-1 Idman A. Frates, Secretary/Treasurer aye ev!Ile BID: 11-33 DATE: 04/18/11 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-33, Attic Seal & Insulation Services Re -Bid Name of Contractor: Natural State Insulation, LLC .f,ADf ,, 4' e�."i .r �?e -rr"=¢n . � �-, ay..• u+ ^ 4 Item _ Description Mark Up % Contractors Material Cost Estimate $$ Amount of Mark Up $$ Amount Mark U PLUS;Material Cost 1 General Material (Cost plus %) $0-$100 x $1,500 = No Bid 2 General Material (Cost plus %) $101-$500 x $1,500 = ;':' No Bid 3 General Material (Cost plus %) $501-$1000 x $1,500 = No Bid 4 General Material (Cost plus %) $1001-up x $1,500 = No Bid Li 5 Attic Seal Spray Foam Insulation 25% x $15,000 = $3,750 $18,750.00 6 Blown Insulation x $500 = '' No Bid j; - Estimated Cost for Section A (Sum of Items 1-6): $18,750.00 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 Attic Seal & Insulation - Rate 1 (Installer) 130 x $23.50 = $3,055.00 Attic Seal & Insulation - Rate 2 (Installer/Foreman) 130 x $30.00 = $3,900.00 Attic Seal & Insulation - Rate 3 (Foreman/Inspector) 8 x = No Bid Attic Seal & Insulation - Rate 4 (Supervisor/Inspector) 3 x $60.00 = $180.00 Estimated Cost for Section B (Sum of Items 7-10): $7,135.00 $25,885.00 **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 yZoid ITNESS DATE RESOLUTION NO. A RESOLUTION AWARDING BID #11-33 AND AUTHORIZING A CONTRACT WITH NATURAL STATE INSULATION IN AN AMOUNT NOT TO EXCEED $25,885.10 FOR ATTIC SEAL AND INSULATION 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 #11-33 and authorizes a contract with Natural State Insulation in an amount not to exceed $25,885.10 for attic seal and insulation 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 City of Fay-tteville Bid 11-33, A`.'c Seal & Insulation Services Re -Bid Draft Contract Between City and Contractor This contract exec -d this day of , 2011, between the City of Fayett- Ile, Arkansas, and . In consi• -ration of the mutual covenants contained h• rein, the parties agree as follows: 1. at its own cost and expense shall furnish all abor, materials, supplies, machinery, equipme't, tools, supervision, bonds, insurance, tax permits and all other accessories and services necessary to complete items bid per Bid 11-33 as stated in bid proposal, and in accordance with specifications attached hereto and made part hereof under Bid 11-33, all included herein as if spell- • out word for word. 2. The City of Fayetteville sha pay based o heir bid proposal in an amount not to exceed $ . ' yments will be made after approval and acceptance of work and submission of invoice. Payment will be made approximat 30 days after receipt of invoice. 3. The Contract documents which omprise the co ract between the City of Fayetteville and consist of this C: tract and the •flowing documents attached hereto, and made a part hereof: A. Bid form identified as Invitation t• Bid 11-33 with the specifications and conditions typed thereon. B. bid prop sal. C. The Notice to Prospective Bidder: and the Bi • Tabulation. 4. These Contract documents const ute the entire agree ent between the City of Fayetteville and and ma be modified only by a du executed written instrument signed by the 5. City of Fayetteville and all not assign its duties under the t- ms of this agreement. 6. -grees to hold the City of Fayetteville h- mless and indemnify the City of Fayetteville, against an - and all claims for property damage, perso -I injury or death, arising from performance of this contract. This clause sha not in any form or manner be construed to waive t -t tort immunity set forth under Arkansas Law. 7. shall furnish a certificate of insurance addressed to the Cit of Fayetteville, showing that he carries e following insurance which shall be maintained throughout t term of the Contract. Any work su•let, the contractor shall require the subcontractor similarly o provide worker's compensation insurance. In case any employee engaged in work on the project `a der this contract is not protect:. under Worker's Compensation Insurance, shall provi - and shall cause each Sub,ontractor to provide adequate employer's liability insurance for the protecti• of such of his employ- -s as are not otherwise protected. Wor en's Com•ensation Statutory Amount C ' mprehensive General & utomobife Insurance City of Fayetteville, AR Bid 11-33, Attic Seal and Insulation Re -Bid Page 20 of 29 8. Bodily Inj _ ry Liability Property Da -ge Liability The premiums for all in $500,000 for each person injur $1,000,000 for each accident $1,000,000 aggregate. urance and the bond required herein shall •e paid by 9. This contract may be termin 10 days written notice. to f urnish proof of licensure as equired by all local and state agencies. ted by the City of Fayettevi - or w ith 10. Freedom of Information Act: Cit city contractual work are subject Information Act request is present possible to provide the documents i Freedom of Information Act (A.C.A. 2 pursuant to the FOIA may be assessed of Fayetteville co to the Arkans to the Ci a prom 19-10 th. f 11. Changes in Scope or Price: Changes, contract shall not be allowed without a p City Council in advance of the change n WITNESS OUR HANDS THIS DA OF ATTEST: COMPA Y SECRETARY BUSINESS A DRESS City of Fayetteville, AR Bid 11-33, Attic Seal and Insulation Re -Bid Page 21 of 29 racts 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 et. Seq.). Only legally authorized photo coping costs compliance. o, ifications, or amendments in scope, price or fees to this or fo al contract amendment approved by the Mayor and the scope, cost or fees. , 2011. CI Y OF FAYETTEVILLE, FA TTEVILLE, ARKANSAS LIONELD JOR Attest: N, Mayor Sondra Smith, City Cle k CONTRACT BY NAME AND TITL