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HomeMy WebLinkAbout74-11 RESOLUTIONRESOLUTION NO. 74-11 A RESOLUTION AWARDING BID #11-34 AND AUTHORIZING A CONTRACT WITH ROCKY GROVE SUN COMPANY IN AN AMOUNT NOT TO EXCEED $170,150.00 FOR SOLAR EQUIPMENT AND INSTALLATION 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 #11-34 and authorizes a contract with Rocky Grove Sun Company in an amount not to exceed $170,150.00 for solar equipment and insulation 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: SONDRA E. SMITH, City Clerk/Treasurer evo ,111, \\ eC �,C,,y,BPPPP G�`mae"7s PPi G\i Y 6 ol)�o a a o a 6 ® a ® FAYETTEVI LLE 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 solar equipment lowest qualified bidder is (Bid 11-34). Cost of this request 2240.9240.5342.99 Account Number none 09011.0020 Project Number Budgeted Item X NTE $220,000.00/5 contracts Category / Project Budget 195.00 Energy Block Grant Program Category / Project Name Energy Block Grant Funds Used to Date Program / Project Category Name NTE $220,000.00/5 contracts Energy Block Grant Remaining Balance Fund Name Budget Adjustment Attached //5-7( Depart r .:._'rector Date *-44- V/Ittt( C " Attorney LV:1_31, .2-0 20 e Finance and Internal Services Director Date 4-po -1/ Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received inCity04-15-1 1 P03:10 RCVD Clerk's Office Comments: Revised January 15, 2009 1 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 11-34, Installation of Solar Equipment 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 11-34 for Solar Equipment Installation not to exceed a total cost of $170,150 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. Rocky Grove Sun Company 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. ave evi le THE C OF FA EV E, ARKANSAS ARKANSAS ww.access€ayettevilie.org CONTRACT Reference Bid: 11-34, Installation of Solar Equipment Re -Bid Contractor: Rocky Grove Sun Company Term: 1 year with 4 automatic renewal options This contract executed this 3rd day May, 2011, between the City of Fayetteville, Arkansas, and Rocky Grove Sun Company. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Rocky Grove Sun Company 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 11-34 as stated in Rocky Grove Sun Company's bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 11-34. 2. The City of Fayetteville shall pay Rocky Grove Sun Company based on its bid form in pricing as shown in bid and attached to this contract. Payments will be made after approval and acceptance of work, submission of detailed invoice, and submission of certified payroll. Payments will be made within a maximum 30 days after acceptance of invoice. Rocky Grove Sun Company agrees to make detailed invoicing related documentation available to the City or the Department of Energy (DOE) upon request (for example, during a post -award audit), including but not limited to actual cost of material, etc. 3. It is explicitly understood and agreed to by Rocky Grove Sun Company and the City of Fayetteville that the total amount of funding that the City of Fayetteville may use for this and four other similar contracts it is approving today is capped at $220,000.00. Therefore, the City of Fayetteville will probably not order the full amount of items and services shown on any of the five bids approved by the Fayetteville City Council. The City will order any work to be done by Rocky Grove Sun Company by issuing a Purchase Order for such work or project which shall be the City's assurance that sufficient funds remain topay for such work or project. Rocky Grove Sun 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 Rocky Grove Sun Company consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 11-34 with the specifications and conditions typed thereon. B. Rocky Grove Sun Company bid proposal, including mark up on materials and hourly rates. C. The Notice to Prospective Bidders and the Bid Tabulation. 5. These Contract documents constitute the entire agreement between the City of Fayetteville and Rocky Grove Sun Company and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Rocky Grove Sun Company. 6. Rocky Grove Sun Company shall not assign its duties under the terms of this agreement. 7. Rocky Grove Sun Company agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. Bid 11-34, Installation of Solar Equipment Re -Bid Page 1 of 3 8. Rocky Grove Sun Company agrees to abide by the following American Recovery and Reinvestment Act (ARRA) Provisions at all times and fully provide efforts to assist the City with compliance: a. Buy American — Section 1605 of the Recovery Act requires that all iron, steel, and manufactured goods used in the project must be produced within the United States except as provided in the following: i. The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; ii. The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or iii. The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. iv. If 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 — Rocky Grove Sun Company assures to create or obtain a waste management plan addressing waste generated by a proposed project prior to the project generating waste. This waste management plan will describe the plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light bulbs, lead ballasts, piping, roofmg material, discarded equipment, debris, and asbestos) generated as a result of the proposed project. Rocky Grove Sun Company shall ensure that the project is in compliance with all Federal, state and local regulations for waste disposal. Rocky Grove Sun Company shall make the waste management plan and related documentation available to the City to or DOE (Department of Energy) upon request (for example, during a post -award audit). c. Davis -Bacon Wage Rates - Rocky Grove Sun Company agrees to pay wage rates as presented in the latest published wage rates for Davis -Bacon for federally funded projects. Rocky Grove Sun Company shall submit certified payrolls to the City of Fayetteville upon delivery of detailed invoicing. 9. Rocky Grove Sun Company shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Rocky Grove Sun Company shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Rocky Grove Sun Company. Bid 11-34, Installation of Solar Equipment Re -Bid Page 2 of 3 10. Rocky Grove Sun Company 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 Rocky Grove Sun Company with 10 days' written notice. 12. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25- 19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ROCKY GROVE SUN COMPANY By: Owiv8 Printed Contractor Name & Title ATTEST: Company Secretary 3 9 r ,91,so/v eo Business Address NcSTDk, i9 -A' 'Pa 742- City, 42City, State & Zip Code Date Signed: 4 —2 Bid 11-34, Installation of Solar Equipment Re -Bid Page 3 of 3 CITY OF AYETTEVILLE, ARKANSAS LIO'ELDJP' 1 ATTEST: , Mayor ondra Smith, City Clerk Date Signed: 44 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: Pc,c04y 0i ue Svc Con71079-11iy Purchase Order and /Payments shall be issued fo this name *BUSINESS ADDRESS: 3Z 9Il)H-b IS 1i) 3(0Oc *CITY: g / JUC-, S iv1l *STATE: 1'"►- *ZIP: `9a 742 *PHONE: 47c7-6 S �- v -- FAX: 279-6, 6S.'•"- a-1-71 *E-MAIL: /14 rdc l y l^G ve, c t5 tNl *BY: (PRINTED NAME) jPr ivy eS *AUTHORIZED SIGNATURE: feaLT *TITLE: OWN *DATE: 17L / / 7 1 av f 1 City of Fayetteville, AR Bid 11-34, Installation of Solar Equipment Re -Bid Page 23 of 29 City of Fayetteville Bid 11-34, Installation of Solar Equipment Re -Bid Bid Pricing Form BID 11-34 BID FORM 1 2 3 4 5 Description General Material (Cost plus %) .$0-$.100 Gerretal Material (Ce§tplits%) :$101-$500 General Material (Cost. plus %) $501-$1000 General Material (Cosi plus %) $1001-$5000 Main Solar Panels IVIark up.% 4 % cD 1 1 1 1 1 Contractors Material.Cost Estimate $250 $750 $1,500 $5;500 $125;000 1 1 1 1 1 $$ Amount or lVlitrkUp I D -3 0 (0 0 one 750 $$ Amoimt Mark Up PLUS Material Cost Estimated Cosi for Section A (Siun of Items SECTION Labor Subject toDavis-BacntiWit$ORatt5 6 7 8 9 POOtligion: Most basic tradels listed as illatel". Skill Set increases with increasedrate nuMbet. Installation of Solar -Rate 1 (Fablicator/InstallerY • Installation of Solar- RatO. 2 (Installer/FOtemati) Installation :of Solar - Rate:3:(Forentari/Ittspector) installation of Sok - Rate 4,(Supertisorampect9r) 150 150 51 HOurly-Rate $ 3 5 - 40. 1 1 1 EstImated Cpst for $eetion B (Sum Of Items 6-9): **Total Egimated Cot roc Rein $, 1-9 (gum ef Won A.+ Section ill $ 167 giso, c (A x 13) Estitnated Labor Cost $ 3 X°. $ 00. $ 170 rs-D, **Bid boned required on 5% of "Total Estimated for Items 1-10. A 100% Performance and Pa ment bond is resuired for same within ten da s atter notice of contract award. Name of Contract& RockykeNe 5 ei iv. Com4PA-A) City of Fayetteville, AR Bid 11-34, Installation of Solar Equipment Re -Bid Page 22 of 29 City of Fayetteville Bid 11-34, Installation of Solar Equipment Re -Bid Bid Proposal Form (shall be submitted with all bids) This page becomes an integral part of the proposal submitted 1�C w by OC K �` (�'7 .2 V Lie C� N C:J/14 p fi`i1 (Vendor/Company Name) 7 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 11-34, 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 jnclude all labor, supervision, materials, equipment, transportation and services necessary to do a top quality job. YES V NO 1.2. Discounts offered: 1.3. Condition of Bid FIRM? YES V' NO SUBJECT TO ESCALATION Method of Escalation, if applicable BIDS MUST BE FIRM FOR ACCEPTANCE FOR 90 Days Bid is Firm j 0 Days Weeks 1.4. Bidder will accept total bid only? YES_e__ (or any portion of bid award) YES O 1.5 Bidder has submitted an original bid document? YES40 1.6 Bidder will provide Workman's Compensation Insurance as outlined? ES /NO, 1.7 Bidder willrovide General LiabilityInsurance as outlined? YES NO P 1.8 Bidder will provide Automobile Coverage as outlined? YES /N 1.9 Bidder will indemnify the City of Fayetteville? YES v 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 7NO 4.0 RESPONSE TIME Bidder agrees to have a person on call for emergencies twenty four hours a day? YES NO City of Fayetteville, AR Bid 11-34, Installation of Solar Equipment Re -Bid Page 24 of 29 Bidder agrees to twenty four (24) hour emergency response time? YES � NO Bidder agrees to two to three day response time for regular calls unless an extension is approved by City project manger? YES L/NO 5.0 DAVIS-BACON PREVAILING WAGE DETERMINATION Bidder agrees meet all wage requirements as outlined and required, including but not limited to certified payroll reporting?? YES " NO 6.0 BUY AMERICAN Bidder agre follow all Buy American requirements? YES NO 7.0 PROFESSIONAL STANDARDS Bidder agrees to have professional workmanship and perform work in a manner consistent with the industry in which itt is related to? YES `� NO BidderhasproperNABCEP Certification? , YES . NO If "NO" selected, will your NABCEP certification be fully approved before Friday, May 13, 2011 at 5:00 PM? YES NO If not certified, has bidder submitted documentation with bid to insure certification before deadline? YES NO BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA: ADDENDUM NO. i DATED 1-1- 1 ADDENDUM NO. DATED ADDENDUM NO. DATED This pagehbecom/�ec? s an integral part of the proposal submitted by 1Cae � �/ .(; r c�cn [ ©.rig Gt (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 fumished in accordance with City of Fayetteville specifications attached hereto. City of Fayetteville, AR Bid 11-34, Installation of Solar Equipment Re -Bid Page 25 of 29 City of Fayetteville Bid 11-34, Installation of Solar Equipment Re -Bid Vendor References The following information is required from all Proposers so all proposals may be reviewed and properly evaluated COMPANY NAME: O ck y C-1 / BVL: S VA) (OVA P A-Ny BUSINESS ADDRESS: 3ci.” in4-1)i so 3640c - NUMBER OF YEARS IN BUSINESS: oL 3 HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: ) FULL TIME 1 PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: 3 FULL TIME r 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. CRnc E: Cm"WA .)rty C11E4.C44 COMPANY NAME COMPANY NAME 2. 3 � �_� Lt LK CA -Fel F=t SAi-rt4, '7a `0S T sPek., J r & -70274 CITY, STATE, ZIP CITY, STATE, ZIP BILL L%5L1C _ ) ctS IPH Al Olt C,A.Ai CONTACT PERSON CONTACT PERSON '417— 1177 g70- 44(4-5- lb() TELEPHONE TELEPHONE FAX NUMBER mai 1 d 9 ro ce tt _ c:. lA u rck . co E-MAIL ADDR S 3. C(Ty 0 k' E / y� 77L V c LLE COMPANY NAME CITY, STATE, ZIP :�oG►n Ccslevvict>1 CONTACT PERSON L79 -575_F 702 TELEPHONE FAX NUMBER n j C01evtnaln c t. aye.t` Avi ?Ie,ar. us E-MAIL ADDRESS City of Fayetteville, AR Bid 11-34, Installation of Solar Equipment Re -Bid Page 26 -of 29 FAX NUMBER GI house r'itterInfit.Cbs E-MAIL ADDRESS 4. STt�11 Glu terry .5/ST/1/15 COMPANY NAME Pt& 7oZ 75 (45 CITY, STATE, ZIP c f Lo S-7177 CONTACT PERSON APPY -606,-a5- 72_ TELEPHONE 4-79— le) 7S/S FAX NUMBER nPe) @ s *, tterevl y . Co n E-MAIL ADDRESS City of Fayetteville Bid 11-34, Installation of Solar Equipment 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: 3 / v b< b, /31 E 7 COMPANY: kocKy C ►QOr"t .L.) A3 Co114 P6 -1t.1 y PHYSICAL ADDRESS: 3a99 n'113 -b) Sd Itl 306 MAILING ADDRESS: �-n1 PHONE: Li' 7q- & & s" -- EMAIL: - EMAIL: t -P( 00cK SIGNATURE:-6,2,7-7-zaat FAX: 179-6&s- l 4 r7 / -owe, Com DATE: 27L ) 7-- // 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 Govemment 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. Government prime contractors, when required by the terms of their contract, shall not enter into any subcontract equal to or in excess of $25,000 with a contractor that is debarred, suspended, or proposed for debarment, unless there is a compelling reason to do so. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing. City of Fayetteville, AR Bid 11-34, Installation of Solar Equipment Re -Bid Page 27 of 29 City of Fayetteville Bid 11-34, Installation of Solar Equipment 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 disclosesuch 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 CH CK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOU IRM: 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. Pr' ted Name Si nature Date City of Fayetteville, AR Bid 11-34, Installation of Solar Equipment Re -Bid Page 28 of 29 CAA 4/1/Z011 8 ::3S : Z AM PALL S/OUt teax server OD°l Western Surety Company BID BOND (Percentage) Bond Number: 71092749 KNOW ALL PERSONS BY THESE PRESENTS, That we James Damet d1'oa Rocky Grove Sun Company of 3299 Madison 3605, Kingston, AR 72742 , hereinafter referred to as the Principal, and western Surety Company as Surety, are held and firmly bound unto City of Fayetteville of 113 W. Moun-,ain, Fayetteville, AR -727C1 hereinafter referred to as the Obligee, in the sum of Five ( 5 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Solar Py System Installation NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 18th day of Apri Forth F5876 2011 James Damet dba Rocky Grove Sun Company Princip By By :.9 (Seal) Western Suret• Co RRY (Seal) SCOTT . . KSCALFS Attorney -in -Fact CNA 4/15/2011 8:39:29 AM PAGE 4/005 Fax Server Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No 71092749 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint BRYAN SCOTT CLINKSCALES its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: James Damet dba Rocky Greve Sun Company Obligee: City of Fayetteville Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attomey(s)-in-fact may do within the above stated limitations_ Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. AR bonds, policies, undertakings, Powers of Attornoy or other obligations of tho corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or, any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may he printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of 2011 but until such time shall be irrevocable and in full force and effect. July 18 In Witness Whereof; Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its coLn.•ltobeaffixed this 18th day of April 2011 '1' ,_''',,.041- WEST.' R SURE COMPANY COMPANY M IPE Ct ST A �.�erf 1 ss COU1V1R-'t•),e;\di�.igf7-.-, On this 18th day of April , iu the year 2011 , before nae, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. Paul T. Bruflat(Senior Vice President D. KRELLig:Ni WIt NOTARY PUBLIC�; SOUTH Dd1At +wow Me" %%%%%400w i My Commission Expires November 30, 2012 otary Public - South Dakota I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 18th day of April 2011 WEST.' R SURE _ COMPANY Paul T. Brufla ' _ .'or Vice President Form F5300-9.2006 CNA 4/15/2011 8:39:29 AM PAGE 5/005 Fax Server STATE OF COUNTY OF Washington 44) On this ]./ day of and for said Coun , personally appeared Arkansas ACKNOWLEDGMENT OF SURETY (A6turney--in-Fact) Ira % Bond No. 710°2749 v' C , before me, a notary public in BZYAN SCOTT CLINKSCALES to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said BRYAN SCOTT CLINKSCALES acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Springdale Arkansas , the day and year last above written. Forth 106-4-2000 i-u..��l DENISE MULLER OFFICIAL SEAL • NOTARY PUBLIC WASHINGTON COUNTY, ARKANSAS COMMISSION #12369263 MY COMMISSION EXPIRES 1.6-2019 Notary Public ttvil1e THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS wvrvs.accessfayrtteville.org Bid 11-34, Addendum 1 Bid 11-34, installation of Solar Equipment Re -Bid City of Fayetteville — Purchasing Division 113 W. Mountain — Room 306 Fayetteville, AR 72701 Phone: 479.575.8220 E -Mail: aforen@ci.fayetteville.ar.us Date: Monday, April 11, 2011 To: All interested parties From: Andrea Foren, CPPB, Purchasing Agent Notice: This addendum is hereby made a part of the bid documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. Bid 11-34, has the following additional requirement: 1. The individual encompassing the NABCEP Certification is required to be directly employed by the bidder and shall not be hired as a subcontractor. The NABCEP certified installer is required to be shown on the certified payroll information sent by the bidder with reporting. Bid 11-34, Addendum 1 Page 1 of 1 Acknowledge Addendum #1: Printed Name: 1 Ain e5 e—r Signature:�y Title: 0-Mli'E &... Date: Company: il)(ck7 C rovecuv Telecommunications Device for the Deaf TDD (479).521-1316 113 West Mountain - Fayetteville, AR 72701 aye eVi le ARKANSAS Project Check Ust Bid 11-34, Installation of Solar Equipment Re -Bid 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. 1 i J 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). 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. 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 CD. CONTRACTOR NAME: 1)Oe ( kovE d N ARKANSAS CONTRACTORS LICENSE NUMBER: # d /1r3 10-f City of Fayetteville, AR Bid 11-34, Installation of Solar Equipment Re -Bid Page 3 of 29 aye evl e ARKANSAS BID: 11-34 DATE: 04/18/11 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-34, Installation of Solar Equipment Re -Bid Name of Contractor: Rocky Grove Sun Company ,, ! ih8 �"�F}p�"w`.+� f a3�S�..dv{35, 9 t f�,�,JS$g ) MfQ"`7j���..� ry r� s 1 ��' 1 5 t� i' e cq z' 'Cq�{� Y db,... x=+Y=�':;^�.. F`4�E', ,,..-'yf , 4'i F m ag y 1 ZQirA� q.?. 15 ;1-' ® s Item Description Mark Up % Contractors Material Cost Estimate . $$ Amount of Mark Up ' $$ Amount Mark Up j PLUS Material Cost 1 General Material (Cost plus %) $0-$100 4% x $250 = $10 $260.00 2 General Material (Cost plus %) $101-$500 4% x $750 = $30 :. ; $780.00 3 General Material (Cost plus %) $501-$1000 4% x $1,500 = $60 $1,560.00 4 General Material (Cost plus %) $1001-$5000 20% x $5,500 = $1,100 $6,600.00 5 Main Solar Panels 19% x $125,000 = $23,750 $148,750.00 Estimated Cost for Section A (Sum of Items 1-5): $157,950.00 SECTION B: Labor Subject to Davis -Bacon Wage Rates A B i C (A x B) Item Description Estimated hours Hourly Rate Estimated Labor Cost 6 7 8 9 Installation of Solar - Rate 1 (Fabricator/Installer) 150 x $20.00 = $3,000.00 Installation of Solar- Rate 2 (Installer/Foreman) 150 x $25.00 = $3,750.00 Installation of Solar - Rate 3 (Foreman/Inspector) 150 x $35.00 = $5,250.00 Installation of Solar - Rate 4 (Supervisor/Inspector) 5 x $40.00 = $200.00 Estimated Cost for Section B (Sum of Items 6-9): $12,200.00 $170,150.00 **Total Estimated Cost for Items 1-9 (sum of Section A + Section B) *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: -P tliLQ P. VICE, PURCH MGR WI NESS DA/;"2./// RESOLUTION NO. A RESOLUTION AWARDING BID #11-34 AND AUTHORIZING A CONTRACT WITH ROCKY GROVE SUN COMPANY IN AN AMOUNT NOT TO EXCEED $170,150.00 FOR SOLAR EQUIPMENT AND INSTALLATION 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 #11-34 and authorizes a contract with Rocky Grove Sun Company in an amount not to exceed $170,150.00 for solar equipment and insulation related to Energy Efficiency and Conservation Block Grant funded Community Revolving Loan Fund projects. PASSED and APPROVED this 3`a day of May, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Bid 11-34, Installation of Solar Equipment Re -Bid Draft Contract — Between City and Contractor This contract executed this day of , 2011, between the Cit of Fayetteville, Arkansas, and In consideration of the mutual covenants contained herein, . e parties agree as follows: t its own cost and expense shall rnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, t permits, and all other accessories and services necessary to co plete items bid per Bid 11-34 a stated in bid proposal, and in accordance with s ecifications attached hereto a made a part hereof under Bid 11-34, all included herein as if spelled •ut word for word. 2. The City of Fayetteville shall •ay ased on their bid proposal in an amount not to exceed $ . P ments will be m•de after approval and acceptance of work and submission of invoice. Paymentswill be made ap oximately 30 days after receipt of invoice. 3. The Contract documents which omprise he contract between the City of Fayetteville and consist of this C•»ntract . nd the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitatio to Bid 11-34 with the specifications and conditions typed thereon. B. • d propo C. The Notice to Prospecti v= Bidders and t e Bid Tabulation. 4. These Contract document constitute the entire agreement between the City of Fayetteville and d may be modified only •y a duly executed written instrument signed by the City of Fayetteville and 5. shall not assign its duties u oder the terms of this agreement. 6. agrees to hold the City of Fa etteville harmless and indemnify the City of Fayetteville, agai t any and all claims for property da -ge, personal injury or death, arising from performance of this contract. Thi clause shall not in any form or manner be construed to w . ive that tort im munity set forth under Arkansa . Law. 7. shall furnish a certificate of insurance addre sed to the City of Fayetteville, showing that he car ies the following insurance which shall be maintain -• throughout the term of the Contract. Any wor ' sublet, the contractor shall require the subcont actor similarly to provide worker's compen :tion insurance. In case any employee engaged in wor on the project under this contract is not protected under Worker's Compensation Insurance, shall provide and shall cause each Subcontractor to provide adequate employer's liability insuran - for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance City of Fayetteville, AR Bid 11-34, Installation of Solar Equipment Re -Bid Page 20 of 29 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 p• -id by 8. to f urnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or with 10 days written notice. 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are sub'ect to the Arkansas Freed .m of Information Act. If a Freedom of Information Act request is pre--nted to the City of Fay-tteville, the contractor will do everything possible to provide the docume s in a prompt and ti r ely manner as prescribed in the Arkansas Freedom of Information Act (A.C. 25-19-101 et. Seq Only legally authorized photo coping costs pursuant to the FOIA may be assess d for this complia ce. 11. Changes in Scope or Price: Changes, modification., or amendments in scope, price or fees to this contract shall not be allowed without a prior formal c•ntract amendment approved by the Mayor and the City Council in advance of the change in s• •pe, co -t or fees. WITNESS OUR HANDS THIS DAY OF , 2011. ATTEST: COMPANY SECRETARY BUSINESS ADDRESS City of Fayetteville, AR Bid 11-34, Installation of Solar Equipment Re -Bid Page 21 of 29 CITY OF FAYETTEVILLE, AYETTEVILLE, ARKANSAS LIONELD • RDAN, Mayor Attest: Sondra Smith, Ci Clerk CONT CTOR BY NAME AN ' TITLE