HomeMy WebLinkAbout164-16 RESOLUTION1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 164-16
File Number: 2016-0418
BID NO. 16-52 ARACREBS II, LLC D/B/A ELITE BUILDING SOLUTIONS:
A RESOLUTION TO AWARD BID NO. 16-52 AND AUTHORIZE A CONTRACT WITH
ARACREBS II, LLC D/B/A ELITE BUILDING SOLUTIONS FOR HVAC SERVICES ON AN ON-CALL
BASIS FOR A PERIOD OF ONE YEAR WITH AN AUTOMATIC OPTION TO RENEW FOR FOUR
ADDITIONAL YEARS.
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 authorizes awards Bid No. 16-
52 and authorizes a contract with Aracrebs II, LLC d/b/a Elite Building Solutions for HVAC services on
an on-call basis for a period of one year with an automatic option to renew for four additional years.
PASSED and APPROVED on 9/20/2016
Attest:
I IfT1l�
Sondra E. Smith, City Cler``;•.
or
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Page 1 Printed on 9/21/16
City of Fayetteville 1 Arkansas 113 West Mountain Street
`" • Fayetteville, AR 72701
_ (479) 575-8323
I� I
a f
Text File
-- File Number: 2016-0418
Agenda Date: 9/20/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 3
BID NO. 16-52 ARACREBS II, LLC D/B/A ELITE BUILDING SOLUTIONS:
A RESOLUTION TO AWARD BID NO. 16-52 AND AUTHORIZE A CONTRACT WITH
ARACREBS II, LLC D/B/A ELITE BUILDING SOLUTIONS FOR HVAC SERVICES ON AN
ON-CALL BASIS FOR A PERIOD OF ONE YEAR WITH AN AUTOMATIC OPTION TO RENEW
FOR FOUR ADDITIONAL YEARS
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 authorizes awards Bid No.
16-52 and authorizes a contract with Aracrebs II, LLC d/b/a Elite Building Solutions for HVAC services
on an on-call basis for a period of one year with an automatic option to renew for four additional years.
City of Fayetteville, Arkansas Page 1 Printed on 9/2112016
Andrea Rennie
Submitted By
City of Fayetteville Staff Review Form
2016-0418
Legistar File ID
9/20/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/2/2016 Purchasing /
Finance & Internal Services Department
Submitted Date Division / Department
Action Recommendation:
A Resolution to award Bid 16-52 and authorize a contract with Aracrebs II, LLC DBA Elite Building Solutions for
HVAC services on an on-call basis for a period of one year with an automatic option to renew for four additional one
year terms.
Budget Impact:
Various
Various
Account Number Fund
Various Various
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? NA
Budget Adjustment Attached? NA
Previous Ordinance or Resolution 4
Original Contract Number:
Comments:
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
Approval Date:
V20140710
CITY OF
Fayo —Ile
1.
APKANSAS
MEETING OF SEPTEMBER 20, 2016
CITY COUNCIL AGENDA MEMO
TO: Mayor Lioneld Jordan and Fayetteville City Council
THRU: Paul A. Becker, Chief Financial Officer
FROM: Andrea Rennie, Purchasing Manager
DATE: Friday, September 02, 2016
SUBJECT: Approval of Bid 16-52, HVAC Contractor
RECOMMENDATION:
Staff recommends award of Bid 16-52 for HVAC services and approval of a contract with Aracrebs
II, LLC DBA Elite Building Solutions for various projects on an on-call basis.
BACKGROUND:
HVAC services were bid for a contract period of one year with an automatic option to renew,
unless cancelled, for four additional one year terms. This contract will be utilized by multiple City
departments and divisions on an as needed, on-call basis. HVAC projects exceeding $20,000
will require additional pre -approval from City Council.
DISCUSSION:
Bids were advertised twice state wide in July. In addition to newspaper advertising, the
Purchasing Department contacted over 20 local HVAC contractors, and provided notice of the bid
to over 1,700 subscribers on the Purchasing Bid Mailing List. Bids were received from two
vendors. Aracrebs ll, LLC DBA Elite Building Solutions is the lowest responsible responsive
bidder and is recommended for award. These services have not been bid for sole City use in the
past; however, the City will be able to capitalize on competitive pricing by the utilization of a single
vendor through the bid process.
BUDGET/STAFF IMPACT:
Budgeted funds will be utilized by each department depending on their plumbing needs.
Attachments:
Contract with Aracrebs II, LLC DBA Elite Building Solutions
Official Bid Tabulation: Bid 16-52, HVAC Contractor Re -Bid
Bid 16-52, Submittal from Aracrebs II, LLC DBA Elite Building Solutions
Mailing Address:
113 W. Mountain Street www.fayettevilie-ar.gov
Fayetteville, AR 72701
CITY OF
City of Fayetteville, AR
Contract for: Bid 16-52, Construction HVACR Contractor Rebid
r1e� Vendor: Elite Building Solutions.
Term: One year with four automatic one year renewals
ARKANSAS
This contract executed this U" day of , 2O16, between the City of Fayetteville,
Arkansas (City), 113 W Mountain, Fayetteville, Arkansas, 72701 and Aracrebs II, LLC DBA Elite Building Solutions
(Elite Buildine Solutions).
In consideration of the mutual covenants contained herein, the parties agree as follows:
1. Elite Building Solutions 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 16-52 as stated in Elite Building Solutions bid proposal, and in
accordance with specifications attached hereto and made a part hereof under Bid # 16-52, all included
herein as if spelled out word for word. Pricing shall remain firm for the entire contract period.
2. The City of Fayetteville shall pay Elite Building Solutions for completion of each project based on unit
prices indicated in Elite Building Solutions' bid proposal. Payments will be made after approval and
acceptance of work and submission of invoice. Payments will be made approximately 30 days after
receipt of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased
for the City of Fayetteville from suppliers, subcontractors, or other sources.
3. The Contract documents which comprise the contract between the City of Fayetteville and Elite Building
Solutions consist of this Contract and the following documents attached hereto, and made a part
hereof:
A. Bid form identified as Invitation to Bid 16-52 with the specifications and conditions typed
thereon.
B. Elite Building Solutions bid proposal, which is inclusive of unit pricing which shall reflect on each
invoice.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and Elite
Building Solutions and may be modified only by a duly executed written instrument signed by the City of
Fayetteville and Elite Building Solutions.
5. Elite Building Solutions shall not assign its duties under the terms of this agreement.
6. Elite Building Solutions 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 Elite
City of Fayetteville, AR
Bid 16-52, Construction — HVACR Contractor Rebid - CONTRACT
Page 1 of 3
Building Solutions 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.
7. Elite Building Solutions 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, Elite Building Solutions 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. The premiums for all insurance required herein shall
be paid by Elite Building Solutions.
1. Workmen's Compensation:
Statutory Amount
2. Comprehensive General & Automobile Insurance
$500,000 for each accident.
3. Bodily Injury Liability:
$500,000 for each accident.
4. Property Damage Liability:
$500,000 aggregate.
8. Elite Building Solutions shall furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or Elite Building Solutions with 30 calendar
days written notice.
10. This contract shall be effective from one year of the date of signed contract. The City reserves the right
to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be
automatic unless either Elite Building Solutions or the City notifies the other of its intent to terminate
the contract at the end of the contract period.
a. Projects exceeding $20,000 will require additional approval in advance from the Fayetteville City
Council.
11. 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.
City of Fayetteville, AR
Bid 16-52, Construction — HVACR Contractor Rebid - CONTRACT
Page 2 of 3
12. 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 Fayetteville City Council in advance of the change in scope, cost or fees.
13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with
Arkansas law applying to the case.
14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute.
15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or
penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted
invoice.
WITNESS OUR HANDS THIS IDAY OF ITh5!Y 2016,
Aracrebs II, LLC DBA Elite Building Solutions
By:
Sign ure
N+ 0JC!
Printed Contractor Name & itle
A EST (Signat
Company Secretary (Printed Name)
Business Address
S\.r Ar 7?(;
City, State & Zip Code
Date Signed: - � 16
City of Fayetteville, AR
Bid 16-52, Construction — HVACR Contractor Rebid - CONTRACT
Page 3 of 3
CITY OF FAYE VILLE, ,RKA AS
L
ELD JORDA/N1, Mayor
__ 1
ATTEST: (Signature)
*����►t � ti i r rA
Sondra E. Smith, City Clerk, Tr��rt Y
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CITY OF
ye'ltevi�le
RKANSAS
City of Fayetteville, Arkansas
Purchasing Division — Room 306
113 W. Mountain St.
Fayetteville, AR 72701
Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID: Bid 16-52, Construction - HVAC/R Contractor Rebid
DEADLINE: Friday August 12, 2016 before 2:00:00 PM, Local Time
PRE -BID: Tuesday July 26, 2016 at 2:00 PM, Room 326
DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Les McGaugh, Imcgaugh@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: Monday, July 18 and 25, 2016
INVITATION TO BID
Bid 16-52, Construction - HVAC/R Contractor Rebid
No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled with the name and address of
the bidder.
All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents
attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure
to do so may be used as basis of rejection.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms
stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are
made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the
Proposer/Bidder and City Purchasing Manager.
Name of Firm: L�1. SA�.�tc_w_�s
Contact Person: 3ciw-r i Title:t c,.
E -Mail: C\c1 1 .Cc yY1 Phone:
Business Address: {--�LA (o ,
City: Ace_. State: zip:
Signature: Date: _ I C
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 1 of 22
City of Fayetteville
Bid 16-52, Construction - HVAC/R Contractor Rebid
Bid Form
City of Fayetteville, AR
Invitation to Bid
Bids 16-51, Construction - Plumbing Contractor Rebid
Bid 16-52, Construction - HVAC/R Contractor Rebid
16-51: The City of Fayetteville, AR is accepting sealed bids from properly licensed plumbing contractors for
providing plumbing services on an as -needed basis for a one (1) year term with the option to renew for four (4)
additional one (1) year terms.
16-52: The City of Fayetteville, AR is accepting sealed bids from properly licensed HVAC/R contractors for
providing heating, ventilation, air conditioning, and refrigeration services on an as -needed basis for a one (1)
year term with the option to renew for four (4) additional one (1) year terms. The bid is intended to be for on -
call services and maintenance. This bid will not be used for new unit replacement except in the event of an
emergency.
Sealed bids shall be received by the City of Fayetteville, AR by Friday August 12, 2016 before 2:00:00 PM, local
time. Bids shall be submitted in a sealed envelope or sealed package labeled Bid 16-51, or 16-52. Bids received
after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified
closing time. All interested parties are invited to attend. Bids shall be received at 113 West Mountain St.
Fayetteville, Arkansas 72701.
A non -mandatory pre -bid meeting will be held on Tuesday July 26, 2016 at 2:00 PM in Room 326 at 113 W.
Mountain. All interested parties are strongly urged to attend.
Copies of the Bid Documents may be obtained electronically for bidding purposes from the City of Fayetteville
Purchasing Division by e -mailing Les McGaugh, City of Fayetteville Purchasing Agent, Imcgaugh@fayetteville-
ar.gov by calling 479-575-8220. Any questions concerning the bidding process should be addressed to Les
McGaugh, Purchasing Agent. No partial sets will be issued for bidding. No paper sets will be issued for bidding.
Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the State of
Arkansas and the City of Fayetteville for this Work.
A one hundred percent (100%) performance and payment bond shall be provided for projects exceeding
$20,000. Arkansas Department of Labor Prevailing Wage Rates apply for projects over $75,000.
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small,
minority and women business enterprises to bid on and receive contracts for goods, services, and construction.
Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified
small, minority and women business enterprises.
The City reserves the right to reject any or all Bids and to waive irregularities therein, and all Bidders shall agree
that such rejection shall be without liability on the part of the City for any damage or claim brought by any
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 2 of 22
Bidder because of such rejections, nor shall the Bidders seek any recourse of any kind against the City because
of such rejections. The filing of any Bid in response to this invitation shall constitute an agreement of the Bidder
to these conditions.
City of Fayetteville, AR
By: Les, McGaugh
City of Fayetteville, Purchasing Agent
Advertisement Dates: 07/18/16 and 07/25/16
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 3 of 22
City of Fayetteville
Bid 16-52, Construction - HVAC/R Contractor Rebid
Bid Form
City of Fayetteville, Arkansas
Bid 16-52, Construction - HVAC/R Contractor Rebid
Date Issued:
Deadline:
07/18/2016
Friday August 12, 2016 before 2:00 PM
F.O.B
Purchasing Agent Contact Information
Fayetteville, Arkansas as needed
Les McGaugh, (479) 575-8220, Imcgaugh@fayetteville-ar.gov
SECTION
A: Materials (Estimated Annual)
ITEM
DESCRIPTION
MARK
CONTRACTORS
MATERIAL COST
ESTIMATED MATERIAL COST
UP, %
ESTIMATE PER YEAR
WITH MARK UP's
1
Material (Cost plus %y- Excluding. New
4
$ 20 0 00
=
$ ^' i
Units
/0
2
Material (Cost plus %) -.New Units
�'/
x
$ 20000.00
-
S
Total Bid, Section A (Items 1-2):
$
Section B: Hours (Estimated Annual)
EST.
ITEM
DESCRIPTION
PER
PRICE/HOUR
ESTIMATED COST
YEAR
3
Journeyman HVAC/R Technician
100
x
CQC�
C�
$SC
Straight/Regular Time
$
.
4
Journeyman HVAC/R Technician -
25
x
�
-
$
Nights and Weekends
$
p�
5
Journeyman HVAC/R Technician
Holiday
10
x
$
_
$
6
Apprentice HVAC/R Technician -
100
x
- ��
-
$ 7
Straight/Regular Time
$ ,
cc�
7
Apprentice HVAC/R Technician -
25
x
V0
-
d C$
$ r7(,
Nights and Weekends
$
8
Apprentice HVAC/R Technician -
10
x
`
$ ��
Holidays
$ c
9
HVAC/R Technician's Helper-
100
x
,, JJ
Y
_
$ rc cb
Straight/Regular Time
$
10
HVAC/R Technician's Helper-
25
x
$(
Nights and Weekends
$
11
HVAC/R Technician's Helper-
Holidays
10
x
c4q
$ �(�/y(,
_
$
`�'
Foreman/Supervisor-
100
x
C
12
-
$ �i'
Straight/Regular Time
$City
of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 4 of 22
Foreman/Supervisor- Nights and 25 I �j� $
13 Weekends x $ \� -.�.
14 Foreman/Supervisor- Holidays 10 x $ a $
.�
15
General Laborer - Straight/Regular
100
x
is
=
$ f
Time
$
16
General Laborer- Nights and
25
x
_
$
Weekends
$ ,
1 l
17
General Laborer - Holidays
10
x
/
`r $
$
_
$
Total Bid, Section B (Items 3-17):
(P
(
BIDDERS SHALL COMPLETE AND BID ALL LINE ITEMS
$
I
Total Base Bid
Section A + Section B (Sum of Items 1-17):
NAME OF FIRM
*Bidders shall bid and provide pricing on all line items of all sections in the bid form.
Failure to bid on all line items shall result in rejection of bid. The City intends to
award this bid to the lowest responsive responsible bidder.
Bidder Qualification Questions:
1— Does your company have a licensed HVAC/R Technician. YE NO (circle one)
2 —Does your company have a Commercial Contractor's License NO NO (circle one)
3 —Is your company EPA Certified?NO (circle one)
4— (FOR INFORMATION USE ONLY) List all manufacturers you are certified to service:
} TI
rnu�Cti cwt
3 — (FOR INFORMATION USE ONLY) List all Computer Controls Manufacturers you are certified
to service:
C_ kz _wdp k
BIDDERS SHALL SUBMIT PROOF OF THE ABOVE CERTIFICATIONS (LISTED IN QUESTIONS 1-3)
WITH BID.
City of FaeTteviIIe,
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 5 of 22
EXECUTION OF BID -
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid
differ from provided literature, deviation shall 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.
4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the
information provided herein is accurate and true.
5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and
conditions of employment in addition to all federal, state, and local laws.
6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any
relationship with any City of Fayetteville employee. Response shall 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 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.
6 1.) NO KNOWN RELATIONSHIP EXISTS
2.) RELATIONSHIP EXISTS (Please explain):
7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational
Safety and Health Administration (OSHA) Part 1926 —Subpart P — Excavations.
8. 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.
a. 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.
b. . Your signature below 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.
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 6 of 22
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM: C t\ S IT.. LL(
tPurch e Or��dyyer /Payments s all be issued to this name
*D/B/A or Corporation Name `s S_s _.
*BUSINESS ADDRESS: —1 L[ (p ICJ H QS' S4.
*CITY: 5_i►J1<CA<.� *STATE: _*ZIP: ( fl (.2
�r J n [j 1
*PHONE: ___ - l "SSl/ (L FAX: tfl( . ` _1 " 1
*E-MAIL: r\Ak (s n- c
*BY: (PRINTED NAME) LS1'i Y
*AUTHORIZED SIGNATURE:
*TITLE: t.c.►r°c-.�-'r
DUNS NUMBER: CAGE NUMBER:
*TAX ID NUMBER: +
Acknowledge Addend urns:
Addendum No. Dated: Acknowledged by:
Addendum No. Dated: Acknowledged by:
Addendum No. Dated: Acknowledged by:
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 7 of 22
City of Fayetteville
Bid 16-52, Construction - HVAC/R Contractor Rebid
References
The following information is required from all Bidders so all bids may be reviewed and properly evaluated.
COMPANY NAME: C�k11t
�tcak^
BUSINESS ADDRESS: LA4 G t'... k ,
NUMBER OF YEARS IN BUSINESS: tr.S HOW LONG IN PRESENT LOCATION: c..
TOTAL NUMBER OF CURRENT EMPLOYEES: 1 FULL TIME PART TIME
NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: FULL TIME I PART TIME
PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED
SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed). Contractors shall have valid experience.
1. �csk 2.�
COMPANY NAME COMPANY ME
e -i 7 � 1 [ S_ C
CITY, STATE,fP .
CITY, S'rA E, ZIP
C lei
CONTACT PERSON
75� -%s
TELEPHONE
ccwx�yc"��I��
DATE COMPLETED
E-MAIL ADDRESS
3. &P-CAe, �� r
COMPANY NAME
Les \¼ r
CONTACT PERSON
L l -(31 3333
TELEPHONE
cMc2S St'\ M
DATE COMPLETED
E-MAIL ADDRESS
4.._l C tQc\\
COMPANY NAME
((e R t2 "7 p-? 1 , r t r 7
CITY, STATE, ZIP CITY, STATE, ZIP
'fir cv- &\'`rrn
CONTACT PERSON CONTACT PERSON
___-
TELEPHONE
Cc>(�4c� Sit` �iye
DATE COMPLETED
E-MAIL ADDRESS
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 8 of 22
TELEPHONE
DATE COMPLETED,,,,
E-MAIL DDRESS
City of Fayetteville
Bid 16-52, Construction - HVAC/R Contractor Rebid
General Terms and Conditions
1. SUBMISSION OF BID & BID EVALUATION:
a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division.
c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville,
Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the
firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages
enclosed in shipping containers or boxes.
d. The City shall not be responsible for misdirected bids. Vendor should call the Purchasing Office at
479.575.8220 to ensure correct receipt of bidding documents rp for to opening time and date listed
on the bid form.
e. Bidders must have experience in providing products and/or services of the same or similar nature.
Failure to provide materials bid will subiect bidder to disqualification for the remainder of the calendar
year. Failure to deliver poor or inadequate services on a consistent basis or more than three($j times
in a calendar year will subject bidder to disqualification for the remainder of the calendar year.
f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its
response to the bid. Failure to do so may lead the City to declare any such term non-negotiable.
Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration
for award.
g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall
be received before the time as shown by the atomic clock located in the Purchasing Division Office.
h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City
reserves the right to award bids in their entirety, none, or by line item.
i. This agreement shall be effective from one year of the date of signed contract. The City reserves the
right to extend the contract by mutual agreement for a period of four (4) additional, one (1) year
periods automatically unless either the Contractor or the City notifies the other of its intent to
terminate the contract at the end of the contract period.
j. Bid pricing shall remain firm for five years.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent
in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if
the response would provide clarification to the requirements of the bid. All such addenda shall become part
of the contract documents. The City will not be responsible for any other explanation or interpretation of
the proposed bid made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 9 of 22
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of
quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality,
size, design, and specification as to what has been specified, will be acceptable for consideration only if
approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept
or reject any requested equal.
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest
of the City.
b. The City of Fayetteville reserves the right to accept or reject any or all bids.
c. The City of Fayetteville reserves the right to cancel the entire bid.
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the
invitation to bid or in bids submitted.
e. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information, or data without changing the terms of the bid.
5. COSTS INCURRED BY BIDDERS:
All expenses involved with the preparation and submission of bids to the City, or any work performed in
connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses
received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement.
6. CONFLICT OF INTEREST:
a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance or services required hereunder, as
provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with
the City".
b. All bidders shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential
conflicts of interest for any prospective business association, interest, or other circumstance which
may influence or appear to influence the bidder's judgment or quality of services being provided.
Such written notification shall identify the prospective business association, interest or circumstance,
the nature of which the bidder may undertake and request an opinion to the City as to whether the
association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest
if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail
or first-class mail within thirty days of receipt of notification.
7. WITHDRAWL OF PROPOSAL:
A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an
authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid
unless approved by the Purchasing Division.
8. LATE PROPOSAL OR MODIFICATIONS:
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in
writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids.
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 10 of 22
Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents
prior to opening time and date listed.
9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply
with all local, state, and federal directives, orders and laws as applicable to this proposal and
subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO),
Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods, services,
and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions
of their contract to qualified small, minority and women business enterprises.
10. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies,
departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal
terms and conditions therein, should any said governmental entity desire to buy under this proposal.
Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political
subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other
public agencies or authorities), which may desire to purchase under the terms and conditions of the
contract.
11, COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that
his or her bid is made without previous understanding, agreement, or connection with any person, firm or
corporation making a proposal for the same item(s) and/or services and is in all respects fair, without
outside control, collusion, fraud, or otherwise illegal action."
12. RIGHT TO AUDIT, FOIA, AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to
purchases between the City and said vendor.
b. Freedom of Information Act: City 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 photocopying costs
pursuant to the FOIA may be assessed for this compliance.
c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law
applying to the case.
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 11 of 22
goods and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for bid apply to this contract except as specifically
stated in the subsequent sections of this document, which take precedence, and should be fully understood
by bidders prior to submitting a proposal on this requirement.
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the
deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing
Division, immediately.
16. PROCUREMENT POLICY FOR RECYCLED MATERIALS:
The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual
obligations to the City and that such practices will serve as a model for other public entities and private
sector companies.
17. PAYMENTS:
The bidder must specify in their bid the exact company name and address which must be the same as
invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible
for immediately notifying the Purchasing Division of any company name change, which would cause
invoicing to change from the name used at the time of the original bid. Payment will be made within thirty
days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or
penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no
additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable
deposit or retainer that would remain property of the bidder even if the hourly work actually performed by
the bidder would not justify such fee.
The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be
made after approval and acceptance of work and submission of invoice. Payments will be made within 30
days of accepted invoice.
18. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice
to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails
to fulfill or abide by any of the terms or conditions specified.
b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a
material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right
to cancel and obtain from another source, any items and/or services which have not been delivered
within the period of time from the date of order as determined by the City of Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify
the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period
without penalty or expense to the City.
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 12 of 22
19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a bidder intends to subcontract a portion of this work,
the bidder shall disclose such intent in the bid submitted as a result of this bid.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to
the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence
of said action, whichever occurs first. The right to terminate this contract, which shall not be
unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate
acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal
laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or
subcontract in its response to the bid, without exception shall constitute approval for purpose of this
Agreement.
20. NON-EXCLUSIVE CONTRACT:
Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which
may develop during the contract period. This is not an exclusive contract. The City specifically reserves the
right to concurrently contract with other companies for similar work if it deems such an action to be in the
City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each
item.
21. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding
request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by
the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an
organization that is responding to the request for proposal, request for qualification, bid or contract, or has
a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of
Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City
of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from
contacting the Purchasing Division to address situations such as clarification and/or questions related to the
procurement process. For purposes of this provision lobbying activities shall include but not be limited to,
influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an
attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause
any request for proposal, request for qualification, bid or contract to be rejected.
22. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this bid from the bidder. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the
Contractor shall provide such additional requirements as may become necessary.
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or
individually, at the City's sole option, at any time after award has been made as may be deemed necessary
or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this
contract in accordance with the terms, conditions, and specifications.
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 13 of 22
24. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in
the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid
form(s) if sufficient space is not available on the original form for the bidder to enter a complete response.
Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise,
will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes
to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the
original bid documents.
25. CERTIFICATE OF INSURANCE:
The successful bidder shall provide a Certificate of Insurance in accordance with specifications listed in this
request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville
as an additional insured. Insurance shall remain valid during each contract term and shall be provided at
each renewal period.
For single projects exceeding $20,000 contractor shall submit certificates of insurance within 10 days of
notice of notice to proceed, after City Council approval. Certificates of insurance are to be addressed to the
City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained
throughout the term of the bid. Any work sublet, the contractor shall require the subcontractor similarly to
provide the same insurance coverage. In case any employee engaged in work on the project is not
protected under Workers' Compensation, the Contractor 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.
Workers' Compensation:
Statutory Amount
Comprehensive General & Automotive Liability: $1,00,000 for each accident
Bodily Injury Liability: $500,000 for each accident
Property Damage Liability: $500,000 aggregate.
26. PRICING:
a. Prices shall include all labor, supervision, materials, equipment, transportation, and services
necessary to do a superior quality job.
b. Bidder shall state any discounts to apply. Discounts shall be shown for individual items unless all
items have the same percentage of discounts.
Any projects in excess of $20,000 will require additional approval from the Fayetteville City Council
prior to authorization of work. Projects exceeding $20,000 will require a 100% performance and
payment bond after Council approval at no additional cost to the City
i. The City shall reimburse the actual cost of the 100% performance and payment bond for
projects over $20,000 to the awarded contractor. Reimbursement cost shall be equal to
actual cost of bonds paid by the contractor
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 14 of 22
d. Any projects in excess of $75,000 shall be subject to prevailing wage rates as determined by the
Arkansas Department of Labor. Additional hourly fees shall not be charged to the City for projects
requiring prevailing wage rates.
27. OTHER GENERAL CONDITIONS:
a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or
that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any
way serve to modify the provisions of the contract. No representations shall be binding unless
embodied in the contract. Prices shall include all labor, materials, overhead, profit, insurance, shipping,
freight, etc., to cover the products and services presented. Sales tax shall not to be included in the bid
price; however, applicable Arkansas sales tax laws will apply when necessary but will not be considered
in award of this project.
b. Each bidder should state the anticipated number of days from the date of receipt of an order for
delivery of services to the City of Fayetteville.
c. Bidders must provide the City with their bids signed by an employee having legal authority to submit
bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the
bidder.
d. The City reserves the right to request any additional information it deems necessary from any or all
bidders after the submission deadline.
e. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does
it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood
that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own
risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for
reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal
is accepted.
f. If products, components, or services other than those described in this bid document are proposed, the
bidder must include complete descriptive literature for each. All requests for additional information
must be received within five working days following the request.
g. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone
(479.575.8220) or e-mail (Imcgaugh@favetteville-ar.gov). It is the intent and goal of the City of
Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the
scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask
questions to enable all bidders to be on equal bidding terms.
h. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imcgaugh@favetteville-ar.gov) or
telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if
any, will be provided to all firms via written addendum. Names of firms submitting any questions,
clarifications, or requests will not be disclosed until after a contract is in place.
i. Any information provided herein is intended to assist the bidder in the preparation of proposals
necessary to properly respond to this bid, The bid is designed to provide qualified Proposers with
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 15 of 22
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data.
j. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any
manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
k. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful bidder
assigns all or any part of any monies due or to become due under this Contract, the Instrument of
assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in
and to any monies due or to become due to the successful bidder shall be subject to prior liens of all
persons, firms, and corporations for services rendered or materials supplied for the performance of the
services called for in this contract.
The successful bidder's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services
shall apply to the contract throughout, and they will be deemed to be included in the contract as though
written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws,
ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner
affecting those engaged or employed in providing these services or in any way affecting the conduct of the
services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same.
If any discrepancy or inconsistency should be discovered in these Contract Documents or in the
specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree; s/he
shall herewith report the same in writing to City of Fayetteville.
28. INVOICING: All invoices shall be presented to the City with the minimum information listed below.
a. City Department that ordered the materials or services
b. Delivery date or the date of services
c. Name of the City Employee that requested service
d. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match
invoicing.
29. Invoicing shall be itemized based upon line item pricing provided with bid.
30. ATTACHMENTS TO BID DOCUMENTS: See included detailed specifications.
31. This is a rebid from Bid 16-43. Bidding documents for Bid 16-43 are not applicable or eligible for this
bid. Bidders shall use bidding documents provided in this document for project submittal.
City of Fayettevi Ile, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 16 of 22
City of Fayetteville
Bid 16-52, Construction - HVAC/R Contractor
Detailed Specifications
1.1 Bidders shall bid and provide pricing on all line items of all sections in the bid form. Failure to bid on all line items
shall result in rejection of bid. The City intends to award this bid to the lowest responsive responsible bidder.
1.2 The City requires the services of an HVAC/R Contractor to provide labor, material, materials, and
equipment to perform repairs, and any necessary service to various City buildings and projects.
1.3 The City reserves the right to bid or quote any project. This is not an exclusive contract.
1.4 This is intended to be for on -call services and maintenance. This bid will only be used for new unit
replacement in the event of an emergency.
1.5 The contractor may be required to do emergency repairs at times other than normal working hours.
The contractor shall be in a position to be available on a twenty-four (24) hour basis for such emergency
work. Contractor shall include a response time as part of bid pricing.
1.6 On site emergency response time shall be no more than one (1) hour after notification. Regular
response time shall be no more than 48 hours after contact. Bidder shall include mileage and travel
time as part of this agreement. The City shall not be responsible for additional mileage or travel time
costs.
1.7 The City anticipates $50,000 of services for various projects during the each contract term. This quantity
is approximate and represents the estimated requirement for the contract period.
1.8 The City shall not be obligated to purchase more or less than the estimated quantities listed. The City
reserves the right to purchase more or less via an on -call basis depending upon actual needs during the
contract period.
1.9 Bidders shall furnish evidence that they have past experience in the type of work as outlined in the bid
specifications and shall include specific experience. A minimum of three (3) references shall be
submitted with each bid.
1.10 Bidder shall be currently licensed as a HVAC/R contractor with the State of Arkansas. Bidders shall have
had an HVAC/R license for a minimum of five (5) years. Current valid Arkansas contractor's license is
required and shall be valid at time of bid.
1.11 The Bidder shall possess the correct occupational licenses, all professional licenses, and any other
authorizations necessary to carry out and perform the work required by the project AT THE TIME OF BID
SUBMISSION pursuant to all applicable Federal, State, and Local Laws, Statutes, Ordinances, and rules
and regulations of any kind.
1.12 The Contractor shall be responsible for obtaining all required permits; however, fees for City issued
permits shall be waived and shall not be included in pricing.
1.13 All work shall be performed in a high quality, workmanship like manner and shall conform to codes
enforced by the City Inspection Division.
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 17 of 22
1.14 In the event a project is deemed to exceed $20,000, the City department requesting service and the
Purchasing department shall be notified immediately. No project exceeding $20,000 shall be performed
or started without prior approval from the Fayetteville City Council and a 100% performance and
payment bond.
1.15 PRICING: Hourly labor rates and markup percentages bid shall include but is not limited to all labor cost,
insurance, mobilization, overhead, profit, travel time, bonding, mileage, etc. Prices quoted shall be firm
for the term of the contract. The City shall not be charged any additional fees including but not limited to
insurance premiums, mobilization, bonding, etc.
1.16 The Contractor shall employ a competent and thoroughly experienced superintendent capable of
handling all phases of each project including any necessary assistants to complete each project. When
any work under this contract is being performed, the City and necessary employees shall be present at
the job site. The Superintendent shall represent the Contractor in his absence and all directions given to
him shall be as binding as if given to the Contractor.
1.17 Major and important directions shall be confirmed in writing to the Contractor, other directions shall be
so confirmed upon written request of the Contractor.
1.18 The Superintendent shall be in complete and responsible charge of the project for the Contractor and
shall not be superseded by any other personnel of the Contractor. After contract award, awarded
Contractor shall submit the name of the proposed Superintendent for the Contractor and shall furnish a
telephone number or numbers through which the Superintendent may be reached 24 hours each day of
the contract duration.
1.19 The Contractor shall provide efficient supervision for the work, using industry standard, best skill and
attention. Contractor shall carefully study and compare all Drawings, Specifications, and other
instructions and shall report at once to the Project Manager any error, inconsistency, or omission which
may be discovered; but shall not be held responsible for the existence or discovery.
1.20 In the event the City becomes dissatisfied with hours billed on projects, quality of work, timeliness of
performance or any other manner, the City reserves the right to cancel this contract within thirty (30)
days written notice at no penalty to the City.
1.21 Any work orders associated with All City Owned and Leased Buildings shall be performed under the
direction and coordination with Facilities Management. Any other work orders associated will be
directed through the respective City department or division.
1.22 All bidders shall have current certifications for the certifications listed below. Proof of certification shall
be submitted with bid. Bidders shall indicate response in the designated location shown on the bid form
provided with this bid. Evidence of each requirement listed below shall be included with sealed bid
submission.
Bidders shall have a minimum of one (1) currently employed, on staff, licensed HVAC/R
Technician at time of bid.
b. Bidders shall have a current valid Commercial Contractor's License issued from the State of
Arkansas Contractor's Licensing Board at time of bid.
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 18 of 22
c. Bidders shall be EPA Certified at time of bid.
City of Fayetteville, AR
Bid 16-5Z, Construction - HVAC/R Contractor Rebid
Page 19 of 22
City of Fayetteville
Bid 16-52, Construction — HVAC/R Contractor
Draft Contract — Between City and Contractor
This contract executed this day of t , 2016, between the City of Fayetteville, Arkansas, and
___ � tldi 501�k% 5 . In consideration of the mutual
covenants contained herein,ihe parties agree as follows:
1. 4 t�u�tTrS own cost and expense shall furnish all labor, materials, supplies, machinery,
equipment, too s, supervision, bonds, insurance, tax permits, and all other accessories and services
necessary to complete items bid per Bid 16-52 .as stated in bid proposal, and in
accordance with specifications attached hereto and made a part hereof under Bid 16-52, all included
herein as if spelled out word for word.
2. The City of Fayetteville shall p S. based on their bid proposal in an amount not to
exceed $ Payments will be made after approval and acceptance of work and
submission of invoice. Payments will be made approximately 30 days after receipt of invoice.
3. The Contract documents which comprise the contract between the City of Fayetteville and
7_�' consist of this Contract and the following documents attached hereto, and made a
part hereof:
A. Bid form identified as Invitation to Bid 16-52 with the specifications and conditions typed
thereon.
B. L Y ItC.(R bid proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville
¼and may be modified only by a duly executed written instrument signed by the
City of Fayet ville and flit iUvu.
5.'�G 41,�a�:u��1L�[►�eur�S shall not assign its duties under the terms of this agreement.
6. 1k .AJdi .}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
{ . Si,Lerformance of this contract. This clause shall not in any form or manner be
construed to waive that tort immunity set forth under Arkansas Law.
7. hall furnish a certificate of insurance addressed to the City of Fayetteville, showing
that he rries 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, S0�shall provide and shall cause
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 20 of 22
each Subcontractor to provide adequate employer's liability insurance for the protection of such of his
employees as are not otherwise protected. The premiums for all insurance and the bond required
herein shall be paidl_c
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.
8. furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or r 30 calendar days
written notice.
10. This contract shall be effective from one year of the date of signed contract. The City reserves the right
to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be
automatic unless either or the City notifies the other of its intent to terminate the
contract at the end of the contract period.
a. Projects exceeding $20,000 will require additional approval from the Fayetteville City Council.
11. 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.
12. 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 Fayetteville City Council in advance of the change in scope, cost or fees.
13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with
Arkansas law applying to the case.
14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute.
15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or
penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted
invoice.
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 21 of 22
WITNESS OUR HANDS THIS3 DAY OF T 2016.
CONTRACTOR NAME
By:
Sig ature
4L4 4)CS
Printed Contractor Name & Title
ATTEST (Signature)
Company Secretary (Printed Name)
Business Address
City, Stat & Zip Code
Date Signed: �`I' t(T
City of Fayetteville, AR
Bid 16-52, Construction - HVAC/R Contractor Rebid
Page 22 of 22
Cr
ATTEST: (Signature) C) C)
¶.ir11i f!F1,,`A
Sondra E. Smith, City Clerk,'
► � y .' ��
``�� FAYin���V1t.L�`
Date Signed: Q - iL
License No. 0353700517 ID #42138
State of Arkansas
Commercial Contractors Licensing Board
ARACREBS H, LLC, DB/A ELITE BUILDING SOLUTIONS
446 N 40TH ST
SPRING DALE, AR 72762
ARACREBS 11, LLC, D/B/A ELITE BUILDING SOLUTIONS
This is to Certify That
is duly licensed under the provisions of Act 150 of the 1965 Acts as amended
and is entitled to practice Contracting in the State of Arkansas within the
following classifications/specialties:
SPECIALTY
Heating, Ventilation, Air Conditioning, Refrigeration
with the following suggested bid limit Unlimited
from April 22, 2016 - until
when this Certificate expires.
May 31,2017
Witness our hands of the Board, dated at North Little Rock, Arkansas:
CHAIRMAN
s
SECRETARY
April 22, 2016 - da
1. 1�,�. � ryT.�T�ir� •-r•�rn��
-:1-.
1-.
ARKANSAS DEPT OF LABOR
BOILER INSPECTION DIMS!.
�`� 4 "r THIS IS TO CERTIFY
C1Ik a S� NATHIaN J WRIGHT ,.
911 KING AUTHER DR
NI, W1gG�IIT SPR!NGDALE, AR 72767
i.rC hs rr IS LICENSED AS
HP23797
UNthSAL HIGH PRESSURE
BOILER OPERATOR
issued:5i2312015 Expires: 5/231201
Bid 16-52, Addendum 1
Date: Friday July 29, 2016
To: All Prospective Vendors
From: Les McGaugh — 479.575.8220 — Imcgaugh@fayetteville-ar.gov
RE: Bid 16-52, Construction — HVACR Rebid
CITY OF
rev
ARKANSAS
This addendum is hereby made a part of the contract documents to the same extent as though it were originally included
therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD
ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
1. A non -mandatory pre -bid meeting was held in Room 326 City Hall, 113 W Mountain on Tuesday July 26th,
2016 at 2:00 PM. The sign in sheet of all attendees is attached. The following items were discussed during
the pre -bid meeting:
a. Billable hours shall include reasonable drive time to and from Point of Dispatch. Hourly rates shall be
inclusive of all fees. No fuel, mileage, surcharge, or additional fees shall be added to any invoice.
b. Point of Dispatch shall be defined as the closest office to the City of Fayetteville, located at 113 W.
Mountain, Fayetteville, AR 72701. Point of Dispatch address shall be provided below or written on the
bid form.
a. Point of Dispatch Address: '1 1'l `.Q 13• -rkx ck
c. Emergency Response time is hereby increased from one (1) hour to two (2) hours.
'Ii
7?lecornmunic�tier.; Device far the'Deaf TOD(479) 521 1316 13 West Mountain rayeu ..iile. AR 72701
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