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HomeMy WebLinkAbout265-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 265-21 File Number: 2021-0772 BID #21-36 ARACREBS 11, LLC D/B/A ELITE BUILDING SOLUTIONS: A RESOLUTION TO AWARD BID #21-36 AND AUTHORIZE A ONE YEAR CONTRACT WITH ARACREBS IL LLC D/B/A ELITE BUILDING SOLUTIONS FOR HVAC SERVICES ON AN ON -CALL BASIS WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL YEARS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby authorizes awards Bid #21-36 and authorizes a contract with Aracrebs 11, LLC d/b/a Elite Building Solutions for HVAC services on an on -call basis for a period of one year with automatic renewals for up to four additional years. PASSED and APPROVED on 1 1/2/2021 Attest: ```���t►itr►rrr�� `��`�J•• GIT1'O•.q�ii .v. ,�•G• Kara Paxton, City Clerk TreasLier: FAYe7rEV/LLE ; �= •.�ANSAS .,�•y ��. Page 1 Printed on 1113121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0772 Agenda Date: 11/2/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.8 BID #21-36 ARACREBS II, LLC D/B/A ELITE BUILDING SOLUTIONS: A RESOLUTION TO AWARD BID #21-36 AND AUTHORIZE A ONE YEAR CONTRACT WITH ARACREBS II, LLC DB/A ELITE BUILDING SOLUTIONS FOR HVAC SERVICES ON AN ON -CALL BASIS WITH AUTOMATIC RENEWALS FOR UP TO 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 #21-36 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 automatic renewals for up to four additional years. City of Fayetteville, Arkansas Page 1 Printed on 111312021 Andrea Foren Submitted By City of Fayetteville Staff Review Form 2021-0772 Legistar File ID 11/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/5/2021 PURCHASING (160) Submitted Date Division / Department Action Recommendation: Staff recommends award of Bid 21-36 for On -Call HVAC Services and approval of a contract with Aracrebs II, LLC DBA Elite Building Solutions for various projects on an on -call basis for one year with four one-year automatic renewals. Budget Impact: N/A Various Account Number Fund N/A N/A Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ V20210527 Purchase Order Number: Previous Ordinance or Resolution # 164-16 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 02, 2021 TO: Mayor and City Council THRU: Paul A. Becker, Chief Financial Officer FROM: Andrea Foren, Purchasing Manager DATE: Tuesday, October 5, 2021 CITY COUNCIL MEMO SUBJECT: Contract for On -Call HVAC Services — Bid 21- 36, On -Call HVAC Services RECOMMENDATION: Staff recommends award of Bid 21-36 for On -Call HVAC Services and approval of a contract with Aracrebs II, LLC DBA Elite Building Solutions for various projects on an on -call basis for one year with four one-year automatic renewals. 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. DISCUSSION: Bids were advertised twice statewide in July. In addition to newspaper advertising, the Purchasing Department directly contacted over 20 local HVAC contractors, and provided notice of the bid to over subscribers registered on the City's electronic bidding portal. Bids were received from two vendors. Aracrebs II, LLC DBA Elite Building Solutions is the lowest responsible responsive bidder and is recommended for award. Approval of this contract will enable the City to have a third party readily available for HVAC repairs and replacements as needed, which can be critical for maintaining operations. BUDGET/STAFF IMPACT: Expenses will be with approved annual budgeted funds and the contract is intended to be utilized multiple City departments and divisions. Attachments: Contract with Aracrebs II, LLC DBA Elite Building Solutions Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF City of Fayetteville, AR FAY E T T E V t L L E Contract for: On -Call HVAC Services ARKANSAS Contractor/Vendor: Aracrebs II, LLC D/B/A Elite Building Solutions Term: One year with four one-year renewals This contract executed this L day of k4VUVJXr' 2021, between the City of Fayetteville, Arkansas (City) and Aracrebs II, LLC D/B/A Elite Building Solutions (Elite Building Solutions, Vendor, Contractor). 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 21-36, Construction — On -Call HVAC Services as stated in Elite Building Solutions bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 21-36, all included herein as if spelled out word for word. The City of Fayetteville shall pay Elite Building Solutions based on their bid proposal in an amount not to exceed amounts, hourly rates, and markup rates presented in bid submittal by Elite Building Solutions. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after acceptance of itemized detailed invoice. 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 21-36, Construction — On -Call HVAC Services with the specifications and conditions typed thereon. B. Elite Building Solutions bid proposal. C. Recommendation for Award, inclusive of the Bid Tabulation. D. Elite Building Solutions Certificate of Insurance 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. S. 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 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 1 of 3 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 and the bond required herein shall be paid by Elite Building Solutions. Workmen's Compensation Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 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 for one year from 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. Individual projects exceeding Council required threshold 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 2 of 3 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 t DAY OF MMIMIIA" , 2021. ARACREBS II, LLC D BUILDING SOLUTIONS ignature o rice .��ote kqe't'l if �cec Printed Contract r Name & Title _g 1 k ATTEST (Signature) NIA Company Secretary (Printed Name) Business Address 446 N.4� t4 5t. t'4nq -4to City, State & Zip Code / Date Signed: ©--57-20Z� City of Fayetteville, AR Bid 21-36, Construction —On-Call HVAC Services Page 3 of 3 7", iv�ayTRF�'�� -GAS Y O,c' • : G U; FAYETTEVILLE ATTEST: (Signature) �y q'QKANSPS .•� 4r.1rr_ P",Wnn C + V Kara Paxton, City Date Signed: CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8258 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 21-36, Construction — On -Call HVAC Services DEADLINE: Tuesday, July 27, 2021 before 2:00 PM, Local Time PRE -BID MEETING: Monday, July 12, 2021 at 2:00 PM, via Zoom ACCEPTABLE DELIVERY METHODS: (1) City's electronic bidding platform OR (2) sealed and delivered directly to the City of e *Ile as instructed in t tisement PURCHASING AGENT: Amanda Beilfuss, abellfus fa ett -ar. ov DATE OF ISSUE & ADVERTISEMENT: p ay, 07/0 /2 land 2021 V � No late bids will be accepted. Bids sh4,0111 e mitted in e foll party electronic bidding platform,, (2) deliv in e r s o n v Purchasing Division. SubmittingVth� tie City's el is biddin be submitted in accordance withched Ci o ettevil if Each bidder is required to fill in every blank a upply inf as basis of rejection.44. wig T%ods: (1) through the City's third- PINN O&nvelope to the City of Fayetteville 4g)n is strongly encouraged. All bids shall �tions and bid documents attached hereto. on requested; failure to do so may be used The undersigned hereby offers to furnish & deliver th r ' o services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general con of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agr ment y the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: E-Mail: Business Address: City: Signature: State: Title: Phone: Date: City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 1 of 21 Zip: City of Fayetteville Bid 21-36, Construction — On -Call HVAC Services Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-35, Construction — On -Call Plumbing Services AND Bid 21-36 Construction — On -Call HVAC Services Bid 21-35: 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 automatically renew for four (4) additional one (1) year terms. Bid 21-36: 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 automatically renew for four (4) additional one (1) year terms. The bid is intended to be for on -call services, maintenance, and unit replacements. A non -mandatory pre -bid meeting, including discussion on both bids, will be held Monday, July 12, 2021 at 2:00 PM virtually via Zoom. Information regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. '� Bidding documents, plans, plan holders, and addenda sha ?shall ed a he City of Fayettev P Iasing Division's electronic bidding platform at www.fa etteville-ar. ov bids. II � be recei�F by Tuesda.�� , 2021 before 2:00 PM, local time utilizing the electronic bidding softwarNronicall� �submting seal bid at the s below. All bids shall be received prior to the bid deadline. Submitting is ongly encoura e ublic bid opening will be conducted shortly after the deadline at City Hall d ve treamed s www. out ser cit offs ettevillear. Late or misdirected bids shall not be accepted. Th ity ofVettevkille e responsi lost or misdirected bids, or failure of bidder's technical equipment. Cit ville � y G Purchasin on — Roo 1A We Mount eville, A 70 Each bid shall be accompanied by a cashier's c r a bang business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent o he an bond, the actual physical cashier's check shall be d6 performance and payment bond is required for indivi is required for all bidders and license shall be valid 4t 1 Pursuant to Arkansas Code Annotated business enterprises to bid on and re all general contractors to subcontract %.,Fe event a bidder opts to submit a cashier's check for a bid §the City prior to the deadline. A one hundred percent (100%) ects exceeding $50,000. A State of Arkansas Contractor's License of bid deadline. !�Th City of Fayetteville encourages all qualified small, minority and women Vcts for goods, services, and construction. Also, City of Fayetteville encourages of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period which shall not exceed beyond ninety (90) days from the bid opening date. City of Fayetteville By: Andrea Foren, NIGP-CPP, CPPO, CPPB City Purchasing Manager P: 479.575.8289 Email: aforen@fayetteville-ar.Rov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 07.04.21 & 07.11.21 City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 2 of 21 City of Fayetteville Bid 21-36, Construction — On -Call HVAC Services Bid Form Bid 21-36, Bid Table 1 of 2 # ❑escription #1-1 Material (Cost Plus %) - New Units #1-2 Material (Cost Plus %) - Excluding New Units Material Cost Percent Markup Estimate Per (INPUT As Estimat7Cost Year DECIMAL 20000 20000 rq%�o sto;_;, TOTAL FOR BID TABLE 1 OF 2: $ THIS BID FORM NU TH T PAGE. � G O O City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 3 of 21 i • • i •Tableof ption Ee:.." Haurs Per Year Priceffxw Estimated Cost #1-1 I JourneymanHVACaRTechnician- - StraighVRegula r Time Journeyman HVACJR Te-chn ician -Nights and 25 - Weekends #1-3 ,lounneyrnan MACfR Techn ician -Holiday 1D - #14 Apprentice HYACfR Tech nicii n - ion StraightlRegular Time #1_5 Apprentice HVACIR Technician - 25 C Weeken ds #14� Apprentice HVACM T isN;UyD- - HVAClRTechnician's er-R htaRe 100 - HIVACM Helper-T,Ii G - r O *14 HVACfR Techni 's - slid C - 91-1U Foreman�Supervisor- traighti uL 1130 - ff-11 ForemaniSupervhor- Nig an eekends 25 - Al-12 Forema - 11) - IK-13 General Lab traightfReg ular Time ion - 91-14 General Laborer - N i ghts and Weekends 111-15 General Laborer - Holiday 0 - TOTAL FOR BID TABLE 1 OF 2: $ City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 4 of 21 TOTAL PER BID TABLE: TOTAL FOR BID TABLE 1 OF 2: $ TOTAL FOR BID TABLE 2 OF 2: $ TOTAL BASE BID = SUM OF TABLE 1 PLUS TABLE 2: $ Bidders shall bid and provide pricing on all line items of all sections in both bid tables. BOTH BID TABLES SHALL BE COMPLETED. Failure to bid on all line items in both bid tables shall result in rejection of bid. The City intends to award this bid to the lowest responsive responsible bidder. The City will use the total of both bid tables for each bidder to help determine the lowest responsive responsible bidder. Bidders shall complete this bid form in its entirety AND accompany any descriptive literature on the products being bid. The City reserves the right to award this bid base on the City's best interest. PRICING: Hourly labor rates and markup percentages h �Ilucle but is not limited to all labor cost, insurance mobilization overheadprofit, travel time Bonqclijg, mileage, etc. Prices quoted shall be firm for the term of the contract. The City shall not be charga;LarAclTitional fees includin but imited to insurance premiums, mobilization fuel surcharges, etc `� *Pertainingto the bid table involvingmarkupenta es dui NPrials. Ma u ercenta e shall be input as a DECIMAL amount. For example, if a bidder desired to bid a markup of 10% I percentage would need to be inserted in the bid table as ,.10" tgarglri lInte a 10% inCrease over the fMt,aw7e material. V N FOR PHYSICAL BIDS COMPLETE THE F LL IN 1. Submit 5% bid bond with bid or shier's cht► k t amount of 5% of total base bd 2. AR Contractor's License #: 40 3. AR Secretary of State Filing #: 4. Pursuant Arkansas Code 0 § 5-1-503, the Contractor agrees and certifies that they do not currently boycott Israel ad wll�not boycott Israel during any time in which they are entering into, or while in contract, with any is entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. a. Circle applicable response: YES or NO City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 5 of 21 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. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 4. The Bidder can and will comply with all specification n eq irements for delivery, docu en and support as specified herein. 5. I, as an officer of this organization, or per the acl'ted letter of utho ation, am horized to certify the information provided herein is accurate true. 6. Bidder shall comply with all State nd F ral Equal p rT'Linity an n- 'scrimination requirements and conditions of employment in a*itti n all federal, local law 7. Bidder shall disclose any p s' oTiflict of int i h the Cit tteville, including, but not limited to, any relationshipwith an City of teville e es o s II close if a known relationship exists between Y Y p p any principal or employee of your firm ty of F ette I mployee or elected City of Fayetteville official. If no relationship exists, this sho d a b st ed in yo e onse. Failure to disclose such a relationship may result in cancellation of a purchas ntract resu of your response. 1.) NO KNOW RELA SSTS 2.) RELATIONSHIP XIS lease explain): 8. Bidder will perform the Work int ian with all applicable trench safety standards set forth in Occupational Safety and Health Administr o ( Part 1926 — Subpart P — Excavations. 9. As A bidder on this project, yo e 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. 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 6 of 21 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. Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *PHONE: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: Purchase Order/Payments shall be issued to this name *STATE: *ZIP: FAX: DUNS NUMBER: C E NUMB *TAX ID NUMBER: ` G Acknowledge Addendums: O Addendum No. Dated: nowle d by. Addendum No. Dated: A ed by: Addendum No. Dated: tckn eledged by: Addendum No. Dated: Ak nowledged by: ALL BIDDERS SHALL READ THE "TECHNICAL SPECIFICATIONS" SECTION WITH BID. BY SIGNING THIS BID FORM, BIDDER ACKNOWLEDGES THE "TECHNICAL SPECIFICATIONS" SECTION IN ITS ENTIRETY City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 7 of 21 City of Fayetteville Bid 21-36, Construction — On -Call Plumbing Services References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: BUSINESS ADDRESS: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULLTIME PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: FULL TIME 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. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE ♦` AV In DATE COMPLETED E-MAIL ADDRESS 3. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE DATE COMPLETED E-MAILADDRESS Q� 'Leo' 7 MPANY NAME OJITY, STAT l�lf� RSON PHONE NY D/ \ M ETED E-11W ADDRESS 4. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE DATE COMPLETED E-MAILADDRESS City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 8 of 21 City of Fayetteville Bid 21-36, Construction — On -Call Plumbing Services General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: 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 or submitted electronically on the City's online bidding platform. 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 for physical packaging submitted. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. The City will not be responsible for misdirected s. Vendor should call the Purchasing Office at 479.575.8258 to ensure correct receipt of bidd uments prior to opening ti and date listed on the bid form. Bidders shall have experience in pro 'dingle cts and/o er ces of th sa or similar nature. Failure to provide materials bid wil 'ect bidder o di ualificati he remainder of the calendar year. Failure to delive r or inad ices on ent basis or more than the contract term. v' g. Bidder is advised tha e to any erms cont his bid must be identified in its response to the bid. r o do so the City a any such term non-negotiable. Proposer's desire to tak xception a on-neg will not disqualify it from consideration for award. h. Local time is defined as the yettev' Ark sas on the due date of the deadline. Bids shall be received before the time shown b� at is clock located in the Purchasing Division Office. i. Bids will be evaluated and awarde the best interest of the Cityof Fayetteville. The City Y Y intends to award this bid in its en iret j. Final signed agreement sha ective from one year of the date of signed contract. The City reserves the right to e �> tract by mutual agreement for a period of four (4) additional, one (1) year periods tom t ally unless either the Contractor or the City notifies the other of its intent to terminate the act at the end of the contract period. k. 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 City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 9 of 21 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: 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 b c d N interest of the City. The City of Fayetteville reserves the right to accept or reject any or all bids. The City of Fayetteville reserves the right to cancel the entire bid. The City of Fayetteville reserves the right t dy or waive technical or imm erial errors in the invitation to bid or in bids submitte The City of Fayetteville reserves the rig o quest an es sary clarifi i dditional information, or data without chan 'ng �* rms of the 5. COSTS INCURRED BY BIDDERS: �*_ft4, ^� All expenses involved with the prel connection therewith, shall be bor received, or for any other effo�rA 6. CONFLICT OF INTEREST: a The bidder represents tr or indirect, which woul� hereunder, as provided E I t C t t tion Vsubmi rely by the bi of, or ma mp oyee o on rac wILIuIC. ��y `"- b. All bidders shall promptly notif 6'Gvashi, City Purchasing Agent, in writing, of all potential conflicts of interest for any pr spe business association, interest, or other circumstance which may influence or a o influence the bidder's judgment or quality of services being provided. Such writte ica n shall identify the prospective business association, interest or circumstance, the ure hi h the bidder may undertake and request an opinion to the City as to whether the soci ion, interest or circumstance would, in the opinion of the City, constitute a conflict o 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: %l OP`any work performed in � be made for any responses to contract commencement. 5nd shall acquire no interest, either direct the performance or services required e Section 34.26 titled "Authority of City 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 10 of 21 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. Bidders should call the Purchasing Division at (479) 575-8258 to ensure receipt of 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 bid r ees to m vailable to all roent agencies, departments, municipalities, and counties, th prop prices sub e in accor c ith said proposal terms and conditions therein, should any sai ernmental e tity Asire to bu this proposal. Eligible Users shall mean all state of Ark s age cies, .ve and j anches, political subdivisions (counties, local district hool ds, com i olleges, ip lities, counties, or other public agencies or authorities), vhi y desire to under the s and conditions of the contract. ` 11 IV) COLLUSION: The Proposer, by affixing his or her sign his or her bid is made without prev ous corporation making a proposal for outside control, collusion, fraud, or h The City of Fayetteville rese relate to purchases betvv' ` is pr sa es to the following: "bidder certifies that ding, a e ent, or connection with any person, firm or s) d/or ervices and is in all respects fair, without n." ivilege of auditing a vendor's records as such records City and said vendor. ,`.Kitt contracts and documents prepared while performing City ct to the Arkansas Freedom of Information Act. If a Freedom of Information Act regMO?'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. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 11 of 21 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 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 - co City of Fayetteville wishes to encourage its bidders ?use rec oducts in f contractual obligations to the City and that such practice ill Ave as a model r other pu ti es and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their J id act con invoices submitted for paym It of aw- for immediately notifying th a ing Divisi� invoicing to change from the n used at e days of invoice accepted. The City of Fa penalty for untimely payments. Pa n be additional costs to the City for expe m%n deposit or retainer that would remai proPeUiLo the bidder would not justify such fee. and ad re vNich must be the same as s bid. FulMe e successful bidder is responsible ny compgabid. �k change, which would cause e of t i Payment will be made within thirty is ver edi orthy and will not pay any interest, fees, or pr cess rough bidder's acceptance of Visa at no t ssing. The City will not agree to any nonrefundable dder even if the hourly work actually performed by The City will pay the awarded bidder bas Von'Wit prices provided on invoicing. Progress payments will be made after approval and accepta n k 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. 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 12 of 21 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. 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 mergewiLresent a conflict of interest or re contrary to any local, state, or federal laws. Action i awarding a proposal to t has disclosed its intent to assign or subcont a I its respo the bid, wi eption shall constitute approval for purpose o h , r ment. 20. NON-EXCLUSIVE CONTRACT: J0101 • Award of this bid shall impose no o may develop during the contract pi right to concurrently contract:,A�tN City's best interest. In the caCej" 21. LOBBYING: Lobbying of selection committee �j request for proposals, request for C the bidder/proposer/protestor or a bidder/proposer/protestor, or any person ( organization that is responding to the requ a pending bid protest is strictly prohibite E Fayetteville and shall be prohibited of Fayetteville; provided, ho) contacting the Purchasing Di the ven r II work of this type, which :ontra City specifically reserves the or,6i ems such an action to be in the shall apply separately to each item. �itT*of FayeNcon' employees, or elected officials regarding ins, bi rracts, during the pendency of bid protest, by er aft b der's/proposer's/protestor's staff, and agent of the p�y any legal entity affiliated with or representing an o roposal, request for qualification, bid or contract, or has :he upon advertisement or on a date established by the City of er an award is final or the protest is finally resolved by the City ierein shall prohibit a prospective/bidder/proposer from Tddress situations such as clarification and/or questions related to the procurement process. For purp 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 13 of 21 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. 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. such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's respo d presented in the form of ap�tiddendum to the original bid documents. �� 25. INSURANCE REQUIREMENTS: The successful bidder shall provide a Certi e oVsuranle ccordance wit cifications listed in this request for proposal, an additional insured renewal period. prior to commencem t f ny work. h ertificate Insurance shall ain lid durin e contract t4 'the City of Fayetteville as shall be provided at each For single projects exceeding $ , tractor s mit certifi to insurance within 10 days of notice of notice to proceed, after City p � Y Fayetteville, showing that the con the term of the bid. Any work s( same insurance coverage Workers' Compensation, the ContractoNhall employer's liability insurance for the protectio Workers' Compensation: Comprehensive General & Aulw t Bodily Injury Liability: CN cates in rance are to be addressed to the City of rg i LM*fce which shall be maintained throughout N�cjre the subcontractor similarly to provide the �d Ti work on the project is not protected under shall cause each subcontractor to provide, adequate is employees as are not otherwise protected. Statutory Amount $1,00,000 for each accident $500,000 for each accident Property Damage Liability: $500,000 aggregate. 26. 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 City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 14 of 21 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. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. 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. d. 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. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. 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 bA er in preparation. It shall be clearly understood that any costs incurred by the Proposer in respond his request for proposal is a,;/ e bidder's own risk and expense as a cost of doing business. T ayett ville shall not be li reimbursement to the Proposer for any expenses * curred, r s of whe, of the proposal is accepted. g. If products, components, or services t r than tho in this ent are proposed, the bidder must include complete d cripti erature . All req o additional information must be received within five o days follow' equest. h. NOTE: Any uncertainties I ught to ention to eilfuss immediately via telephone (479.575.8258) or e-mai ei uss fa e ar. ov). I tent and goal of the City of Fayetteville Purchasing Divi n to prov e cumen a clear and accurate understanding of the scope of work to be completed nods to pr ided. We encourage all interested parties to ask questions to enable all bid o on eq bid terms. i. Any inquiries or requests for exp nation in * d the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville g Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8258). No oral inter t on or clarifications will be given as to the meaning of any part of this request for proposal. All estio s, clarifications, and requests, together with answers, if any, will be provided to all fir4s ten addendum. Names of firms submitting any questions, clarifications, or requests " i losed until after a contract is in place. j. Any information provided rei is intended to assist the bidder in the preparation of proposals necessary to properly respon to this bid. The bid is designed to provide qualified Proposers with 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. 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 15 of 21 I. 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. m. 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 F tteville. 27. INVOICING: Quotes shall be prepared using bi I d are not required to b to reflect bid pricing. However, all invoices shall be presented the Cit hall be fu zed showing bid pricing to arrive at the final total invoice aououe a. City Department artment that ordere marials or*s b. Order Date ` c. Delivery date or the date ervi es d. Name of the City Em t reques d icked up ds, materials, or service e. Bid Number f. Itemized pricing, sh ng calcul io Corr h bid pricing including but not limited to hourly rates and markup ges. 28. PRICING: a. Prices shall include all lab , super 'sib, erials, equipment, transportation, and services necessary to do a superior quali j ` b. Bidder shall state any discoun s to ly. Discounts shall be shown for individual items unless all items have the same per of discounts. c. Any projects in exc r ent threshold for City Council will require additional approval from the Fayettevi e Cit uncil prior to authorization of work. Projects exceeding $50,000 will require a 100% per nce and payment bond after Council approval. Actual cost of performance any payment bond is allowed to be charged to the City at an additional fee. i. The City shall reimburse the actual cost of the 100% performance and payment bond for projects over $50,000 to the awarded contractor. Reimbursement cost shall be equal to actual cost of bonds paid by the contractor. 29. ATTACHMENTS TO BID DOCUMENTS: See technical specifications included with this bid packet. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 16 of 21 City of Fayetteville Bid 21-36, Construction — On -Call HVAC Services Technical 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, installations, 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 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 n o ) hours after notification. e sponse time shall be no more than 48 hours after contact. Bidd r ude e and travel tim p of this agreement. The City shall not be responsible for adI mileage, me costs, T es, fuel fees, or any other fees added onto invoicing. 1.7 The City estimates $80,000 of services for v io ojects d a contract t antities listed in the bid form are estimates only. Past spend reflects roxi ely $393, U 2017 th h id -June 2021, breakdown is as follows: ♦ * 2017 = approxi t200PQN G * 2018 = approxima 27,500 * 2019 = approximately $46,600 O * 2020 = approximately $161, * 2021(through mid -Jun • ately 800 1.8 The City shall not be obligated to pu hase han the estimated quantities listed. The City reserves the right to purchase via an on -call basis d i pon actual needs during the contract period. 1.9 Bidders shall furnish evidence that the h ve past experience in the type of work as outlined in the bid specifications and shall include spec rience. A minimum of three (3) references for commercial work within the past three (3) year al�l�e itted with each bid. 1.10 Bidder shall be currently lice an 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 ATTHE 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 17 of 21 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. 1.14 In the event a project is deemed to exceed $50,000, the City department requesting service and the Purchasing department shall be notified immediately. No project exceeding $50,000 shall be performed or started without prior approval from the Fayetteville City Council and a 100% performance and payment bond. 1.15 Work shall not be started without an executed Purchase Order, signed by the Purchasing Manager/Director or by a project specific approved p-card request (for payment through Visa), showing full approval. 1.16 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, fuel surcharges, etc. 1.17 Pertaining to the bid table involving markup percentages on materials. Mark up percentage shall be input as a DECIMAL amount. For example, if a bidder desired to bid a markup of 10%, this percentage would need to be inserted in the bid table as ".10" to calculate a 10% increase over the cost of the material. 1.18 1.19 The Contractor shall employ a competent and thoroug rienced superintendent capabl f handling all phases of each project including any necessary assi is mplete each project. Whe k under this contract is being performed, the City and necessary e p yees shal sent at the j e Superintendent shall represent the Contract in hA nce and all ctions given t i hall be as binding as if given to the Contractor. Major and important directions sha I be co i ed in wri �t Contrac , th directions shall be so confirmed upon written request of Cont actor. 1.20 The Superintendent shall superseded by any other 1.21 1.22 1.23 name of the proposed SuperiMWden number or numbers through which th duration. and re e charge of Cot . After co Ddmal�r contactfiewthlC The Contractor shall provide efficie1%supe Contractor shall carefully study and compa at once to the Project Manager any error, i held responsible for the existence or disap, The City reserves the right to ca Any work orders associated coordination with Facilities e act for the Contractor and shall not be rd, awarded Contractor shall submit the tractor and shall furnish a telephone ched 24 hours each day of the contract 1111111�bvork, using industry standard, best skill and attention. kings, Specifications, and other instructions and shall report ncy, or omission which may be discovered; but, shall not be ract within thirty (30) days written notice at no penalty to the City. ty Owned and Leased Buildings shall be under the direction and 1.24 Any other work orders associated will be directed through the respective City department or division. 1.25 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. 1.26 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 on the bid form page of submittal. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 18 of 21 City of Fayetteville Bid 21-36, Construction — On -Call HVAC Services Draft Contract — Between City and Contractor This contract executed this day of 2021, between the City of Fayetteville, Arkansas, and . In consideration of the mutual covenants contained herein, the parties agree as follows: 1. 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 21-36 as stated in bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 21-36, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay based on their bid proposal in an amount not to exceed amounts, hourly rates, and markup rates presented in bid submittal by Payments will be made after approval and accepta of work and submission of invoice. Payments will be made approximately 30 days after acceptance i .zed detailed invoice. 3. The Contract documents which comprise th ontract e n the olrFayetteville and consist of this Contr aid the folio ing currents d ereto, and made a part hereof: A. Bid form identified as I *tatio to Bid 2 -3`ith the ifi tions and conditions typed thereon. � G B. bid pr O C. The Notice to Prospective Bi de the Bi ab ation. 4. These Contract documents co stitu e ire agreement between the City of Fayetteville and may be m ie only by a duly executed written instrument signed by the City of Fayetteville and 5. ♦ s gn its duties under the terms of this agreement. 6. 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. 7. 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 City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 19 of 21 not protected under Worker's Compensation Insurance, 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 and the bond required herein shall be paid by Workmen's ComDensation Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 aggregate. 8. 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 with 30 calendar days written notice. 10. This contract shall be effective from one year t of si ed contract. The s ves the right to automatically renew the contract for four (4) a d' ional one r terms. shall be automatic unless either c he4eity notifies the her of its i o erminate the contract at the end of the contract p a. Individual projects excee Co cil requir thold wil ui additional approval from the Fayetteville City (jou il. 11. Freedom of Information y of Fay ontracts uments prepared while performing city contractual work are su ect to the ka sas Fr formation Act. If a Freedom of Information Act request is present e to ity of ett ille, the contractor will do everything possible to provide the docum rompt d tim manner as prescribed in the Arkansas Freedom of Information Act (A. 2-19-141 ).Only legally authorized photo coping costs pursuant to the FOIA may be ass e sed f is Hance. 12. Changes in scope or price: Changek mo ications, or amendments in scope, price or fees to this contract shall not be allowed wi rior formal contract amendment approved by the Mayor and the Fayetteville City Council ' e f the change in scope, cost or fees. 13. Jurisdiction: Legal jurisdic 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 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 20 of 21 WITNESS OUR HANDS THIS DAY OF 2021. CONTRACTOR NAME Signature Printed Contractor Name & Title ATTEST (Signature) Company Secretary (Printed Name) Business Address City, State & Zip Code Date Signed: CITY OF FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor ATTEST: (Signature) ara Paxton, City Clerk Date ig O 4�z.'6' *�k G O City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services — FORMATTED FOR PHYSICAL DELIVERY Page 21 of 21 Atinendix B CITY OF WhAft FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575,8258 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 21-36, Construction — On -Call HVAC Services DEADLINE: Tuesday, July 27, 2021 before 2:00 PM, Local Time PRE -BID MEETING: Monday, July 12, 2021 at 2:00 PM, via Zoom ACCEPTABLE DELIVERY METHODS: (1) City's electronic bidding platform OR (2) sealed and delivered directly to the City of Fayetteville as instructed in the advertisement PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayettevilie-ar.gov DATE OF ISSUE & ADVERTISEMENT: Sunday, 07/04/2021 and 07/11/2021 No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third - party electronic bidding platform, Bonfire, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. 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 Contact Person: Doti ICe Title: _V1CC M4A' r_?, E-Mail: Ion y c—De6g,cc n1r7 e1,cr 4 C Phone: Wq—,x787- &2 gS Business Address. City: Signature: r--4t an tk City of Fay to , R Bid 21-36, Construction — On -Call HVAC Services Page 1 of 19 State: Zip: 2 %� Z Date: 16 4o7 / City of Fayetteville Bid 21-36, Construction — On -Call HVAC Services Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-35, Construction — On -Call Plumbing Services AND Bid 21-36 Construction — On -Call HVAC Services Bid 21-35: 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 automatically renew for four (4) additional one (1) year terms. Bid 21-36: 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 automatically renew for four (4) additional one (1) year terms. The bid is. intended to be for on -call services, maintenance, and unit replacements. A non -mandatory pre -bid meeting, Including discussion on both bids, will be held Monday, July 12, 2021 at 2:00 PM virtually via Zoom. Information regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville-ar.gov/bids. All bids shall be received by Tuesday, July 27, 2021 before 2.00 PM, local time utilizing the electronic bidding software, or by submitting a sealed bid at the address below. All bids shall be received prior to the bid deadline. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffavettevillear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the amount bid. In the event a bidder opts to submit a cashier's check for a bid bond, the actual physical cashier's check shall be delivered to the City prior to the deadline. A one hundred percent (100%) performance and payment bond is required for individual projects exceeding $50,000. A State of Arkansas Contractor's License is required for all bidders and license shall be valid at the time of bid deadline. 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 of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period which shall not exceed beyond ninety (90) days from the bid opening date. City of Fayetteville By: Andrea Foren, NIGP-CPP, CPPO, CPPB City Purchasing Manager P:479.575.8289 Email: aforen@fayetteville-ar gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 07.04.21 & 07.11.21 City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 2 of 19 City of Fayetteville Bid 2136, Construction — On -Call HVAC Services Bid Form Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to submit a physical sealed bid. Bidders shall bid and provide pricing on all line items of all sections in both bid tables. BOTH BID TABLES SHALL BE COMPLETED. Failure to bid on all line items in both bid tables shall result in rejection of bid. The City intends to award this bid to the lowest responsive responsible bidder. The City will use the total of both bid tables for each bidder to help determine the lowest responsive responsible bidder. Bidders shall complete this bid form in its entiretvAND accompany any descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest. 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, fuel surcharges, etc. *Pertaining to the bid table involving markup Percentages on materials. Mark up percentage shall be input as a DECIMAL amount. For example, if a bidder desired to bid a markuo of 10% this percentage would need to be inserted in the bid table as ".10" to calculate a 10% increase over the cost of the material. THIS BID FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 3 of 19 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. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during anytime in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. ],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. 6. 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. 7. 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. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. 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. 9. 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. City of Fayetteville, AR Bid 21-36, Construction —On-Call HVAC Services Page 4 of 19 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. Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: 1 A `axCebS ,I , L `C issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS:yZ(4 `i �Of' Sf *CITY. �40111 i ACJAI, 'STATE: , *ZIP: / 27` *PHONE: 475i-d07 �9S ` FAX: —7 I — 7,)- 7— l a8 1 *E-MAIL: l orl *BY: (PRINTED NAME) *AUTHORIZED SIG *TITLE: , `�( CC �111 I1q WLILIU'143 CO mrn *TAX ID NUMBER: 8I ' 13I3 e qS Acknowledge Addendums: Is-iTt ll ll Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: ALL BIDDERS SHALL READ THE "TECHNICAL SPECIFICATIONS" SECTION WITH BID BY SIGNING THIS BID FORM, BIDDER ACKNOWLEDGES THE 'TECHNICAL SPECIFICATIONS" SECTION IN ITS ENTIRETY City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 5 of 19 City of Fayetteville Bid 21-36, Construction —On -Call HVAC Services References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: BUSINESS ADDRESS: M r NUMBER OF YEARS IN BUSINESS: I Ll HOW LONG IN PRESENT LOCATION: _ 9 TOTAL NUMBER OF CURRENT EMPLOYEES: ( FULLTIME PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: FULLTIME PARTTIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (S) YEARS )All fields must be completed). Contractors shall have valid experience. COMPANY NAME COMPANY WAME CITY, tTATE, fIP CITY, TATE, ZIP , Qmcs I��Skey L�sf� GSs��r�� CONTACT PERSON CONTACT PERSON y_79 - S1S- 1133 4 5-6 3(- 333 3 TELEPHONE TELEPHONE DATE COMPLETEDDATE COMPLETED aiReS. qvAklyJQfis �i l a��f5'V r1 / r QV E-MAIL ADDRESS (� E-MAIL ADDRESS J� 3. l L4 ' l 4. COMPANY NAME COMPANY NAME F,44frv,W4 44R 121o,3 ��� of f� f le `7 Z7C� CITY, TATE, ZIP i CITY, STATE, ZIP 141(ke TI)4 � b !' ;Tc��e S /IfecJ k; r k CONTACT PERSON CONTACT PERSON qB- 8-11-So5-7 y-75- ; 3- TELEPHONE I TELEPHONE _ �C'�iJ� ()Cave DATE COMPLETED DATE COMPLETED TMTGgIbr2&aQmS, Is-& -NEW Kr�21<d)ar\j(fs4,witt E-MAIL ADDRESS E-MAILADDRESS City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 6.of 19 City of Fayetteville Bid 21-36, Construction —On -Call HVAC Services 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 or submitted electronically on the City's online bidding platform. 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 for physical packaging submitted. d. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville-ar.gov/bids. e. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8258 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. f. Bidders shall have experience in providing products and/or services of the same or similar nature. Failure to Provide materials bid will sublect 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 (3) times within a six-month Period will subject bidder to disqualification for the remainder of the contract term. g. 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. h. 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. i. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City intends to award this bid in its entirety. Final signed 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. k. 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 City of Fayetteville, AR Bid 21-36, Construction —On-Call HVAC Services Page 7 of 19 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: 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 BYBIDDERS: 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 Adonis Bwashi, 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 8 of 19 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. Bidders should call the Purchasing Division at (479) 575-8258 to ensure receipt of 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. RIGHTTO 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 9 of 19 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 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 AND INVOICING: 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 accepted. 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 10 of 19 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. 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/protestors 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 11 of 19 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. 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. INSURANCE REQUIREMENTS: 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: Comprehensive General & Automotive Liability: Bodily Injury Liability: Property Damage Liability: 26. OTHER GENERAL CONDITIONS: Statutory Amount $1,00,000 for each accident $500,000 for each accident $500,000 aggregate. 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 City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 12 of 19 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. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax shaiinotbeindudedin thebidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. 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. d. 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. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. 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. g. 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. h. NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8258) or e-mail (abeilfuss(@favetteville-ar.eov). 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. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Purchasing Agent via e-mail (abeilfussftfavetteville-ar.gov) or telephone (479.575.8258). 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. j. 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 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. k. 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. City of Fayetteville, AR Bid 21-36, Construction —On-Call HVAC Services Page 13 of 19 I. 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. m. The successful bidders 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. 27. INVOICING: Quotes shall be prepared using bid pricing and are not required to be itemized to reflect bid pricing. However, all invoices shall be presented to the City, and shall be fully itemized showing bid pricing to arrive at the final total invoice amount: a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number f. Itemized pricing, showing calculations to correspond with bid pricing including but not limited to hourly rates and markup percentages. 28. 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. c. Any projects in excess of procurement threshold for City Council will require additional approval from the Fayetteville City Council prior to authorization of work. Projects exceeding $50,000 will require a 100% performance and payment bond after Council approval. Actual cost of performance any payment bond is allowed to be charged to the City at an additional fee. i. The City shall reimburse the actual cost of the 100% performance and payment bond for projects over $50,000 to the awarded contractor. Reimbursement cost shall be equal to actual cost of bonds paid by the contractor. 29. ATTACHMENTS TO BID DOCUMENTS: See technical specifications included with this bid packet. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 14 of 19 City of Fayetteville Bid 2136, Construction — On Call HVAC Services Technical 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, installations, 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 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 two (2) hours 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, travel time costs, surcharges, fuel fees, or any other fees added onto invoicing. 1.7 The City estimates $80,000 of services for various projects during each contract term. Quantities listed in the bid form are estimates only. Past spend reflects approximately $393,300 from 2017 through mid -June 2021, breakdown is as follows: * 2017 = approximately $44,200 * 2018 = approximately $127,500 * 2019 = approximately $46,600 * 2020 = approximately $161,200 * 2021(through mid -June): approximately $13,800 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 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 for commercial work within the past three (3) years shall be submitted with each bid. 1.10 Bidder shall be currently licensed as an 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 contractors 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. City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 15 of 19 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. 1.14 In the event a project is deemed to exceed $50,000, the City department requesting service and the Purchasing department shall be notified immediately. No project exceeding $50,000 shall be performed or started without prior approval from the Fayetteville City Council and a 100% performance and payment bond. 1.15 Work shall not be started without an executed Purchase Order, signed by the Purchasing Manager/Director or by a project specific approved p-card request (for payment through Visa), showing full approval. 1.16 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, fuel surcharges, etc. 1.17 Pertaining to the bid table involving markup percentages on materials. Mark up percentage shall be input as a DECIMAL amount. For example, if a bidder desired to bid a markup of 10%this percentage would need to be inserted in the bid table as ".10" to calculate a 10% increase over the cost of the material. 1.18 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. 1.19 Major and important directions shall be confirmed in writing to the Contractor, other directions shall be so confirmed upon written request of the Contractor. 1.20 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 or primary contact 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. 1.21 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. 1.22 The City reserves the right to cancel this contract within thirty (30) days written notice at no penalty to the City. 1.23 Any work orders associated with All City Owned and Leased Buildings shall be under the direction and coordination with Facilities Management. 1.24 Any other work orders associated will be directed through the respective City department or division. 1.25 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. 1.26 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 on the bid form page of submittal. City of Fayetteville, AR Bid 21-36, Construction —On-Call HVAC Services Page 16 of 19 City of Fayetteville Bid 21-36, Construction—On-Call HVAC Services Draft Contract— Between City and Contractor This contract executed this day of , 2021, between the City of Fayetteville, Arkansas, and . In consideration of the utual covenants contained herein, the parties agree as follows: 1. at its own cost and expense shall furnish all labor, materials, suppi hinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other access. d services necessary to complete items bid per Bid 21-36 as stated in e proposal, and in accordance with specifications attached hereto and made a part hereof undo .id 2 -36, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay based on their bi. • ..sal in an amount not to exceed amounts, hourly rates, and markup rates presented in • 7Inmittal by Payments will be made after approval and acceptance of work an. • ission of invoice. Payments will be made approximately 30 days after acceptance of itemized detailed invoice. 3. The Contract documents which comprise the co;i act .etween the City of Fayetteville and consist of this Contract and the f. . , g documents attached hereto, and made a part hereof: fir A. Bid form identified as Invitation :ib 1-36 with the specifications and conditions typed thereon. B. bid proposal. C. The Notice to Prospe 4:id.-rs and the Bid Tabulation. 4. These Contract docents constitute the entire agreement between the City of Fayetteville and may be modified only by a duly executed written instrument signed by the City of Fayet Salle d 5. ems, shall not assign its duties under the terms of this agreement. 6. + agrees to hold the City of Fayetteville harmless and indemnify the City of a eville, 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. 7. 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 City of Fayetteville,AR Bid 21-36,Construction—On-Call HVAC Services Page 17 of 19 not protected under Worker's Compensation Insurance, 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 and the bond required herein shall be paid by . Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. "Dc° $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. 8. shall furnish proof of licensure as required by all local an•zv a .gencies. 9. This contract may be terminated by the City of Fayetteville or with 30 calendar days Y written notice. 10. This contract shall be effective from one year of the date • ,- gn-d contract. The City reserves the right to automatically renew the contract for four (4) additi on ) year terms. Renewals shall be automatic unless either or the City no he other of its intent to terminate the contract at the end of the contract period. a. Individual projects exceeding Coun . es -d threshold 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 subj t to e Arkansas Freedom of Information Act. If a Freedom of Information Act request is pr ed the City of Fayetteville, the contractor will do everything : . possible to provide the s in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Ac .C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA . be assessed for this compliance. 12. Chan es in s e or rice: Changes, modifications, or amendments in scope, price or fees to this contract sha I e allowed without a prior formal contract amendment approved by the Mayor and the F. etteville City Council in advance of the change in scope, cost or fees. 13. ris ..n: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with •r ? as law applying to the case. 14. A rbitration/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 21-36,Construction—On-Call HVAC Services Page 18 of 19 WITNESS OUR HANDS THIS DAY OF CONTRACTOR NAME M Signature Printed Contractor Name & Title ATTEST (Signature) Company Secretary (Printed Name) Business Address City, State & Zip Code Date Signed: City of Fayetteville, AR Bid 21-36, Construction — On -Call HVAC Services Page 19 of 19 2021. CITY OF FAYETTEVILLE, ARKANSAS a LIONELDJORDAN, Mayor ATTEST: (Signature) Kara Paxton, City Clerk Date Signed: 81-153 829 Cashier's Check REMITTER: ARACREBSIILLC ■FOUR THOUSAND NINE HUNDRED SEVENTY-SEVEN DOLLARS AND FIFTY CENTS ********** Pay to the CITY OF FAYETTEVILLE Order of: MEMO: Cashier's Check REMITTER: ARACREBS II LLC �y FirstSecurity R"k ■FOUR THOUSAND NINE HUNDRED SEVENTY-SEVEN DOLLARS AND FIFTY CENTS "******** Pay tome CITY OF FAYETTEVILLE Order of: MEMO: CHECK NO. i to1.14 E=11 DATE 07/27/21 AMOUNT *****$4,977.50 NON-NEGOTIABLE CUSTOMER COPY CHECK NO. 1083196 DATE 07/27/21 AMOUNT *****$4,977.50 AU7WRIZED SIGNATURE 0 106 3 19 611' 1:08 290 1 S 381: 09 101r100 21l, SII• O Responses Success: All data is valid! Numeric Descriptionr Material Cost Percent Markup Status # 7 Year DECIMAL Materials (Estimated Annual) Success: All values provided Material (Cost Plus %) - New Units 20000 $ 0.30 $ 26,000.00 Success: All values provided #1-2 Material (Cost Plus %) - Excluding New Units 20000 $ 0.20 $ 24,000.00 Responses Success: All data is valid! Hours (Estimated Annual) Description Estimated Hours Price/Hour Estimated Cost Per Year Success: All values provided #1-1 Journeyman HVAC/R Technician - 100 $ 80.00 Straight/Regular Time Journeyman HVAC/R Technician - Nights and Success: All values provided #1-2 25 $ 110.00 Weekends Success: All values provided #1-3 Journeyman HVAC/R Technician - Holiday 10 Apprentice HVAC/R Technician - Straight/Regular Success: All values provided #14 Time 100 Apprentice HVAC/R Technician - Nights and Success: All values provided #1-5 Weekends 25 Success: All values provided #1-6 Apprentice HVAC/R Technician - Holiday 10 HVAC/R Technician's Helper - Straight/Regular Success: All values provided #1-7 Time 100 HVAC/R Technician's Helper - Nights and Success: All values provided #1-8 Weekends 25 Success: All values provided #1-9 HVAC/R Technician's Helper - Holiday 10 Success: All values provided #1-10 Foreman/Supervisor - Straight/Regular Time 100 Success: All values provided #1-11 Foreman/Supervisor - Nights and Weekends 25 Success: All values provided #1-12 Foreman/Supervisor - Holidays 10 Success: All values provided #1-13 General Laborer - Straight/Regular Time 100 Success: All values provided #1-14 General Laborer - Nights and Weekends 25 Success: All values provided #1-15 General Laborer - Holiday 10 $ 8,000.00 $ 2,750.00 $ 110.00 $ 1,100.00 $ 65.00 $ 6,500.00 $ 75.00 $ 1,875.00 $ 75.00 $ 750.00 $ 60.00 $ 6,000.00 $ 70.00 $ 1,750.00 $ 70.00 $ 700.00 $ 90.00 $ 9,000.00 $ 115.00 $ 2,875.00 $ 115.00 $ 1,150.00 $ 50.00 $ 5,000.00 $ 60.00 $ 1,500.00 $ 60.00 $ 600.00 7/27/2021 Proposal Data Back to Project Bid 21-36, Construction — On -Call HVAC Services - Proposal Data ShoZldide f� Search Supplier AR Contractor's AR Secretary of State Pursuant Arkansas Code Annotated §25-1-503, the C License Filing # currently boycott Israel and will not boycott Israel du while in contract, with any public entity as defined in contractor decides to boycott Israel, the contractor n A/C Services and Mechanical 811179803 Yes Scorecard Open... Elite Building Solutions 811092173 Yes Scorecard Open... Multi Craft Contractors 100036197 No Scorecard Open... 0 https://fayetteviIIe-ar. bonfi rehu b.com/projects/46392/proposaIData Appendix C JM FAYETTEVILLE A■KANKA9 BID TABULATION Bid 21-36, Construction - On -Call HVAC Services 11 A/C Services and Mechanical Elite Building Solutions Multi Craft Contractors $ 48,000.00 $ 50,000.00 $ 46,400.00 Total Cost Material Cost Percent Markup Estimated Percent Markup Estimated Percent Markup Estimated # Items Estimate Per (INPUTAS (INPUTAS (INPUTAS year DECIMALAMOUNT) Cost DECIMALAMOUNT) Cost DECIMALAMOUNT) Cost #1-1 Material (Cost Plus%) - New Units 20000 $ 0,10 $ 22,000.00 $ 0.320 $ 26,000.00 $ 0.11 $ 23,000,00 41-2 Material (Cost Plus%) - Excluding New Units 20000 $ 0.30 $ 26,000.00 $ 0.20 $ 24,000.00 $ 0.17 $ 23,400.00 A/C Services and Mechanical Elite Building Solutions Multi Craft Contractors $ 54,115.00 $ 49,550.00 $ 56,070.00 Total Cost Estimated # Items Hours Price/Hour Estimated Cost Price/Hour Estimated Cost Price/Hour Estimated Cost Per year #1-1 Journeyman HVAC/RTechnician-Straight/Regular Time loo $ 82.00 $ 8,2oo.ao $ 80.00 $ 8,000.00 $ 92.00 $ 9,200.00 #1-2 Journeyman HVAC/RTechnician-Nights and Weekends 25 $ 110.00 $ 2,750.00 $ 110.00 $ 2,750.00 $ 138.00 $ 3,450.00 #1-3 Journeyman HVAC/RTechnician-Holiday 10 $ 148.00 $ 1,480.00 $ .0.00 $ 1,100.00 $ 184.00 $ 1,840.00 #1-4 Apprentice HVAC/RTechnician- Straight/Regular Time 100 $ 70.00 $ 7,000.00 $ 65.00 $ 6,500.00 $ 54.00 $ 5,400.00 #1-5 Apprentice HVAC/RTechnician - Nights and Weekends 25 $ 100.00 $ 2,500.00 $ 75.00 $ 1,875.00 $ 81.00 $ 2,025U0 #1-6 Apprentice HVAC/RTechnician - Holiday 10 $ 138.00 $ 1,380.00 $ 75.00 $ 750.00 $ 108.00 $ 1,080.00 #1-7 HVAC/R Technician's Helper - Straight/Regular Time 100 $ 55.00 $ 5,500.W $ 60.00 $ 6,000.00 $ 54.00 $ 5,400.00 #1-8 HVAC/RTechnician 's Helper- Nights and Weekends 25 $ 82.50 $ 2,062.50 $ 70.00 $ 1,750.00 $ 81.00 $ 2,025.00 #1-9 HVAC/R Technician's Helper - Holiday 10 $ 110.00 $ 1,100.00 $ 70.00 $ 700.00 $ 108.00 $ 1,080.00 #1-10 Foreman/Supervisor- Straight/Regular Time 100 $ 87.00 $ 8,700.00 $ 90.00 $ 9,000.00 $ 102.00 $ 10,200.00 #1-11 Foreman/Supervisor- Nights and Weekends 25 $ 124.00 $ 3,100.00 $ 115.00 $ 2,875.00 $ 153.00 $ 3,825.00 #1-12 Foreman/Supervisor - Holidays 10 $ 168.00 $ 1,680.00 $ 115.00 $ 1,350.00 $ 204.00 $ 2,040.11 #1-13 General Laborer - Straight/Regular Time 100 $ 55.00 $ 5,500.00 $ 51.00 $ 5,000.00 $ 54.00 $ 5,400.00 #1-14 General Laborer Nights and Weekends 25 $ 82.50 $ 2,062.50 $ 60.00 $ 1,500.00 $ 81.00 $ 2,025.00 #1-15 lGeneral Laborer - Holiday 10 $ 110.00 $ 1,100.00 $ 60.00 $ 600.00 $ 108.00 $ 1,080.00 Total Base Bid A/C Services and Mechanical Elite Building Solutions Multi Craft Contractors $ 102,115.00 $ 99,550.00 $ 102,470.00 'NOTICE: Final Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CI Ty OF FAYETTEVILLE ARKAKSAS Bid 21-36, Construction — On -Call HVAC Services Project Overview Project Details Project Name Bid 21-36, Construction — On -Call HVAC Services Project Owner Amanda Beilfuss Project Type ITB Department Purchasing 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 Project Description (1) year term with the option to automatically renew for four (4) additional one (1) year terms. The bid is intended to be for on -call services, maintenance, and unit replacements. Questions should be addressed to Andrea Foren, Purchasing Manager at aforen@fayetteville-ar.gov or by calling (479) 575-8258. Open Date Jul 04, 2021 12:00 AM CDT Close Date Jul 27, 2021 2:00 PM CDT Highest Scoring Supplier Score Elite Building Solutions 100 pts CITY OF FAYETTEVILLE ARKARSAS Seal status Requested Information Unsealed on Unsealed by Required Bid Form Jul 27, 2021 2:02 PM CDT Amanda Beilfuss Bid Bond Jul 27, 2021 2:02 PM CDT Amanda Beilfuss AR Contractor's License Jul 27, 2021 2:02 PM CDT Amanda Beilfuss AR Secretary of State Filing # Jul 27, 2021 2:02 PM CDT Amanda Beilfuss Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or Jul 27, 2021 2:02 PM CDT Amanda Beilfuss while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Bid 21-36, Bid Table 2 of 2 - Jul 27, 2021 2:02 PM CDT Amanda Beilfuss Hourly Rates (BT-67KU) Bid 21-36, Bid Table 1 of 2 - Jul 27, 2021 2:02 PM CDT Amanda Beilfuss Markup on Materials (BT-49DF) CI Ty OF FAYETTEVILLE ARKANBAB Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Amanda Beilfuss Jul 27, 2021 2:02 PM CDT No CITY OF FAYETTEVILLE ARKARSAS Questions and Answers No messages CITY OF FAYETTEVILLE ARKARSAS Public Notices No messages CITY OP .� FAYETTEVILLE ANRANtAt Submissions Supplier Date Submitted Jul 27, 2021 1:11 AM Name Email Confirmation Code Elite Building Solutions tony price tony@ebscommercial.com MTUOMjY4 CDT Multi Craft Contractors Jul 27, 2021 9:02 AM Steven Claypool slc@multi-craft.net MTUOMjlx CDT MTUOMzY2 A/C Services and Jul 27, 2021 4:05 PM forrest@acservicesandmechanical.com Mechanical CDT CITY OP .� FAYETTEVILLE -'-I- Project Criteria Criteria A - TOTAL BASE BID A-1 - Total CITY OP .'S FAYETTEVILLE ANRANtAt Scoring Summary Active Submissions Total A - TOTAL BASE BID A-1 - Supplier 1100 pts / 100 pts / 100 pts Elite Building Solutions 100 pts 100 pts 100 pts ($99,550.00) A/C Services and Mechanical 1 97.49 pts 1 97.49 pts 1 97.49 pts ($102,115.00) Multi Craft Contractors 1 97.15 pts 1 97.15 pts 97.15 pts ($102,470.00) .� �AYETTEVILLE ARKAMfA9 Proposal Score Comments Elite Building Solutions - Scoring Comments A-1 - - Reviewer Scores Reviewer Score Reason Comments Amanda Beilfuss 100 pts ($99,550.00) Lowest bid. CITY Op .N FAYETTEVILLE ANRANtAt Multi Craft Contractors - Scoring Comments A-1 - - Reviewer Scores Reviewer Score Reason Comments Amanda Beilfuss 97.15 pts ($102,470.00) Highest Bidder CITY Op .'S FAYETTEVILLE ANRANtAt A/C Services and Mechanical - Scoring Comments A-1 - - Reviewer Scores Reviewer Score Reason Comments Amanda Beilfuss 97.49 pts ($102,115.00) 2nd lowest bid. CITY OF FAYETTEVILLE ARKARSAS Signatures Name Amanda Beilfuss (Project Owner) Signatures Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2021.07.30 11:38:34-05'00' Amanda Beilfuss Digitally signed by Amanda (Evaluator) Amanda Beilfuss Beilfuss Date: 2021.07.30 11:38:52-05'00' Andrea Foren Andrea Digitally signed by Andrea Foren (Evaluator) Foren Date: 2021.08.09 14:42:34-05'00'