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HomeMy WebLinkAbout266-21 RESOLUTION` 0, p.AYlrTf �' L r tr R 4'4 K A N 5''• 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 266-21 File Number: 2021-0773 BID # 21-72 COMFORT SYSTEMS USA (ARKANSAS): A RESOLUTION TO AWARD BID NO. 21-72 AND AUTHORIZE A CONTRACT WITH COMFORT SYSTEMS USA (ARKANSAS). INC. FOR PLUMBING SERVICES ON AN ON -CALL BASIS FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 21-72 and authorizes a contract with Comfort Systems USA (Arkansas), Inc. for plumbing services on an on -call basis for a period of one year with automatic renewals for up to four additional one year terms. PASSED and APPROVED on 1 1 /2/2021 Attest: K tr►������ '1-, GCE • � Rc �'% AYt7TEVILLE Kara Paxton, City Clerk Treasu,3r, 9 G QN�►O"olli` Page 1 Printed on 1113121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0773 Agenda Date: 11/2/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.9 BID # 21-72 COMFORT SYSTEMS USA (ARKANSAS): A RESOLUTION TO AWARD BID NO. 21-72 AND AUTHORIZE A CONTRACT WITH COMFORT SYSTEMS USA (ARKANSAS), INC. FOR PLUMBING SERVICES ON AN ON -CALL BASIS FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 21-72 and authorizes a contract with Comfort Systems USA (Arkansas), Inc. for plumbing services on an on -call basis for a period of one year with automatic renewals for up to four additional one year terms. City of Fayetteville, Arkansas Page 1 Printed on 111312021 Andrea Foren Submitted By City of Fayetteville Staff Review Form 2021-0773 Legistar File ID 11/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/12/2021 PURCHASING (160) Submitted Date Division / Department Action Recommendation: Staff recommends award of Bid 21-72 for On -Call Plumbing Services and approval of a contract with Comfort Systems USA (Arkansas), Inc. 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 Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment $ Remaining Budget Previous Ordinance or Resolution # 163-16 Approval Date: V20210527 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 12, 2021 CITY COUNCIL MEMO SUBJECT: Contract for On -Call Plumbing Services — Bid 21- 72 RECOMMENDATION: Staff recommends award of Bid 21-72 for On -Call Plumbing Services and approval of a contract with Comfort Systems USA (Arkansas), Inc. for various projects on an on -call basis for one year with four one-year automatic renewals. BACKGROUND: Plumbing 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 September. In addition to newspaper advertising, the Purchasing Department directly contacted several local plumbing contractors, and provided notice of the bid to over subscribers registered on the City's electronic bidding portal. One bid was received. Comfort Systems USA (Arkansas), Inc. 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 plumbing repairs 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 Comfort Systems USA (Arkansas), Inc. 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 I L L E Contract for: On -Call Plumbing Services A R K A N 5 A 5 Contractor/Vendor: Comfort Systems USA (Arkansas), Inc. Term: One year with four one-year renewals This contract executed this I day of kW 2021, between the City of Fayetteville, Arkansas (City) and Comfort Systems USA (Arkansas), Inc. (Comfort Systems USA, Vendor, Contractor). In consideration of the mutual covenants contained herein, the parties agree as follows: Comfort Systems USA 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 21-72, Construction — On -Call Plumbing Services Rebid as stated in Comfort Systems USA bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 21-72, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Comfort Systems USA based on their bid proposal in an amount not to exceed amounts, hourly rates, and markup rates presented in bid submittal by Comfort Systems USA. 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. 3. The Contract documents which comprise the contract between the City of Fayetteville and Comfort Systems USA consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 21-72, Construction — On -Call Plumbing Services Rebid with the specifications and conditions typed thereon. B. Comfort Systems USA bid proposal. C. Recommendation for Award, inclusive of the Bid Tabulation. D. Comfort Systems USA Certificate of Insurance 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Comfort Systems USA and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Comfort Systems USA. Comfort Systems USA shall not assign its duties under the terms of this agreement. Comfort Systems USA 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 Comfort Systems USA 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 21-72, Construction — On -Call Plumbing Services Rebid Page 1 of 3 7 0 Comfort Systems USA 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, Comfort Systems USA 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 Comfort Systems USA. 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. Comfort Systems USA shall furnish proof of licensure as required by all local and state agencies. This contract may be terminated by the City of Fayetteville or Comfort Systems USA 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 Comfort Systems USA 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 21-72, Construction — On -Call Plumbing Services Rebid 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 L DAY OF N&W�, 2021. COMFORT SYSTEMS USA (ARKANSAS), INC. By: i"', Signature Barbara Eggleston, Service Vice President Printed Contractor Name & Title ATTEST (Signature) Dawn McElyea Company Secretary (Printed Name) Business Address 9924 Landers Road, No. Little Rock, AR 72117 City, State & Zip Code Date Signed: Ocober 7, 2021 City of Fayetteville, AR Bid 21-72, Construction - On -Call Plumbing Services Rebid Page 3 of 3 WTTEST:V(Signure) ��y G�ERK j Kara Paxton, City derk C_ :ice .;9NSAS00 •• `��: C . , • �y Date Signed: Alec C_1 _9 a' 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 21-72, Construction — On -Call Plumbing Services Rebid DEADLINE: Tuesday, September 21, 2021 before 3:00 PM, Local Time PRE -SUBMITTAL MEETING: Tuesday, September 14, 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 y t le as instructed in th2(�ftisement PURCHASING AGENT. Amanda Beilfuss, abeilf s fa et -ar. ov DATE OF ISSUE & ADVERTISEMENT:iday, 09/0 /2 1 and 021 No late bids will be accepted. Bids sh4ll mitted inDe followi g ods: (1) through the City's third - party electronic bidding platform, 2) delive i in erson vi envelope to the City of Fayetteville Purchasing Division. Submitting t e City's el i biddin �n is strongly encouraged. All bids shall be submitted in accordance with th ached Ci ttevill cifi tions and bid documents attached hereto. Each bidder is required to fill in every blank a upply inf ion requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & del er the a 1 ices as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general c it' idding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agree m t b he Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: r ` Title: E-Mail: Phone: Business Address: City: State: Zip: Signature: Date: City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 1 of 20 City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-72, Construction — On -Call Plumbing Services Rebid 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. A non -mandatory pre -submittal meeting will be held Tuesday, September 14, 2021 at 2:00 PM virtually via Zoom. The pre - submittal meeting will be held to offer guidance to any interested party needing assistance with submitting a bid in the City's online bidding platform. Questions pertaining to bid submittal process will be answered as well as any other general inquiries. Information regarding the pre -submittal meeting is available on the project page on the City's electronic bidding platform. All interested parties are strongly 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.fayetteville-ar.gov/bids. All bids shall be received by Tuesday, September 21, 2021 before 3:00 PM, local time utilizing the electronic bidding software, or by itting a sealed bid at the address below. All bids shall be received prior to the bid deadline. Submitting a bid elect i all i trongly encouraged. A p bliopening will be conducted shortly after the deadline at City Hall and livestr m at t s: outube.com use ettevillear. Late or misdirected bids shall not be accepted. The City of Fa ettevi e all not be re le for lost i cted bids, or failure of bidder's technical equipment. I of Fayet l� Purch g Division 06 ♦ 113 West M reet ` Fayette_ A 2701 Each bid shall be accompanied by a c ie check f in an amount not less than five (5) perce t of the an amount submitted. The total base bid amount ix, submit a cashier's check for a bid bond, the alb one hundred percent (100%) performance \a1biddi a Arkansas Contractor's License is required for Pursuant to Arkansas Code Annotated §22-9-203 The business enterprises to bid on and receive contrac fc all general contractors to subcontract portio The City of Fayetteville reserves the period which shall not exceed beyond City of Fayetteville 6Wdoing busi es 71 e State of Arkansas or a corporate bid bond d. This &?1%kNwJnt amount shall be based off the total base bid ated Vected contract value. In the event a bidder opts to hall be delivered to the City prior to the deadline. A uired for individual projects exceeding $50,000. A State of call be valid at the time of bid deadline. Wyjf Fayetteville encourages all qualified small, minority and women )r g ods, services, and construction. Also, City of Fayetteville encourages contract to qualified small, minority and women business enterprises. By: Amanda Beilfuss City Purchasing Agent P: 479.575.8258 Email: abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 09.05.21 & 09.12.21 reject bids, and postpone the award of any Contract for a opening date. This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 2 of 20 City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid 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 es shall result in rejection of bid. The City intends to award this bid to the lowest responsive respo�jsibl bi der. The City will use the tq % f both bid tables for each bidder to help determine the lowest r;AAnsi espo ible bidder. V, Bidders shall complete this bid form in its entir Alfb accom a a descri tiv ture on the products being bid. The City reserves the right to awa�is b based on ty's best i PRICING: Hourl labor rates and marku rcenes bids II �ude but i li ited to all labor cost insurance mobilization overhead, ftft tr el time n mileage, ices guoted shall be firm for the term of the contract. The Citys e `charged itional fee in in but not limited to insurance premiums, mobilization fuel surNiCrpls, etc. O BID BOND: Each bid shall be accompanied ier's ch k fr a bank doing business in the State of Arkansas or a corporate bid bond in a of les an Spercent of the amount bid. This five S percent amount shall be based off the 1 as bw a o t submitted. The total base bid amount is the estimated annual expected contract valu . In th e dder opts to submit a cashier's check for a bid bond the actual physical cashier's check shall be deli e City prior to the deadline. IF BIDDER FAILS TO SUBMIT A VALID CASHIER'S CHECK OR A COUPLE CORPORATE BID BOND THE BIDDER'S SUBMITTAL SHALL BE REJECTED. *Pertaining to the bid table i11111,1401liv. markup percentages on materials: Markup percentage shall be input as a DECIMAL %QnJt. 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. THIS BID FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 3 of 20 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 specifications a Tiquirements for delivery, documentation and support as specified herein. V, V 5. I, as an officer of this organization, or per the attach d ter of auth i , am duly Z ed to certify the information provided herein is accurate and ��` Z 6. Bidder shall comply with all State an F e I Equal t ity and IN -D rimination requirements and conditions of employment in additi to all deral, stat a cal laws. 7. Bidder shall disclose any po e t of inter 'th he City of ille, including, but not limited to, any relationship with any City F e ille emplo sponse sh e if a known relationship exists between any principal or employee o firm and f Fay v e e ployee or elected City of Fayetteville official. If no relationship exists, this should alsd in y r re o e. Failure to disclose such a relationship may result in cancellation of a purchas 1.) NO KNO 2.) RELATIONSHIP Bidder will perform the Work in c Safety and Health Administrationt 9. As A bidder on this project, \)% are in compliance with the be this form. your response. se explain): with all applicable trench safety standards set forth in Occupational 1926 — Subpart P — Excavations. equired to provide debarment/suspension certification indicating that you feral Executive Order. Certification can be done by completing and signing a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 4 of 20 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *STATE: *PHONE: FAX: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: DUNS NUMBER: CAAGj ♦ �1I *TAX ID NUMBER: 4&` Acknowledge Addendums: Addendum No. Dated: Ac ged b Addendum No. Dated: c no le ged Addendum No. Dated: Ackno♦vim e y: Addendum No. Dated: A'�deed bv: *ZIP: kBER: ALL BIDDERS SHALL REA "TECHNICAL SPECIFICATIONS" SECTION WITH BID. BY SIGNING THIS BID FORM. BIDDER ACKNOWLEDGES THE "TECHNICAL SPECIFICATIONS" SECTION IN ITS ENTIRETY City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 5 of 20 TELEPHONE DATE COMPLETED E-MAILADDRESS City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 6 of 20 City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid 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 NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT PART TIME 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. 2. COMPANY NAME /COMPANY NAME 404V CITY, STATE, ZIP CITY, STAT CONTACT PERSON 11 V l�lj� RSON TELEPHONE ♦ � PHONE DATE COMPLETED DA E M ETED E-MAILADDRESS E ADDRESS 3. 4. COMPANY NAME COMPANY NAME CITY, STATE, ZIP 41,* CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE DATE COMPLETED E-MAILADDRESS City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid 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 misdirectedAs. s. Bidder should call the Purchasing Office at 479.575.8258 to ensure correct receipt ofAbilkg o uments prior to opening ti and date listed on the bid form.Bidders shall have experience in pro din�ucts and/o er ces of th sa or similar nature. Failure to provide materials bid wil 'ect bidder to dis 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 21-72, Construction — On -Call Plumbing Services Rebid Page 7 of 20 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 t e edy or waive technical or imm erial errors in the invitation to bid or in bids submitte e. The City of Fayetteville reserves the rig Nr e uestan essary clarifi i dditional information, or data without chan ngms of the 5. COSTS INCURRED BY BIDDERS: All expenses involved with the prep ation Ole, s to the or any work performed in connection therewith, shall be born ely by the bi o payme be made for any responses received, or for any other effo rW of, or ma b ,the bid d 6 r to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it has in nd shall acquire no interest, either direct or indirect, which woul co 'ct y mann w' the performance or services required hereunder, as provided Fayett * e Co e Section 34.26 titled "Authority of City Employee to Contract wi the City'! b. All bidders shall promptly notif aeilfuss, City Purchasing Agent, in writing, of all potential conflicts of interest for a ospective business association, interest, or other circumstance which may in u ce or appear to influence the bidder's judgment or quality of services being provide&' h 'tten notification shall identify the prospective business association, intere o cir st nce, the nature of which the bidder may undertake and request an opinion to the as o 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 21-72, Construction — On -Call Plumbing Services Rebid Page 8 of 20 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 bidAerr s to m vailable to all r�4Tient agencies, departments, municipalities, and counties, th prprices sub e in actor 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 ties, .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 bidder, by affixing his or her signatu his or her bid is made without prev ousl corporation making a proposal for outside control, collusion, fraud, or he The City of Fayetteville rese relate to purchases betvAk i� subm' al, o 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 bidder's records as such records that City and said bidder. ,`.Kitfcontracts and documents prepared while performing City ct to the Arkansas Freedom of Information Act. If a Freedom of Information Act regMO.SCis 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 21-72, Construction — On -Call Plumbing Services Rebid Page 9 of 20 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 bidde to 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 Na ing Divisi� invoicing to change from then 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 me+n deposit or retainer that would remai proPerI&o the bidder would not justify such fee. allb and ad re vNich must be the same as s bid. Fuy&e e successful bidder is responsible ny compVabid. 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 21-72, Construction — On -Call Plumbing Services Rebid Page 10 of 20 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 merg r present a conflict of interest or re contrary to any local, state, or federal laws. Action he warding a proposal to t has disclosed its intent to assign or subcontra in i s respo the bid, wi eption shall constitute approval for purpose o his re ment. 20. NON-EXCLUSIVE CONTRACT: 10% • 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 bid r a I work of this type, which :ontra City specifically reserves the or.,6 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 21-72, Construction — On -Call Plumbing Services Rebid Page 11 of 20 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. uch modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's res Ilen presented in the form of aq ddendum to the original bid documents. 25. INSURANCE REQUIREMENTS: The successful bidder shall provide a Certi e oVsuranie 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 & Au- io 57 Bodily Injury Liability: N Property Damage Liability I 26. OTHER GENERAL CONDITIONS: cates in rance are to be addressed to the City of rg i LTMFrce which shall be maintained throughout S�qjre the subcontractor similarly to provide the �d Ti work on the project is not protected under !'hall 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 $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 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. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 12 of 20 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. E_ The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. If products, components, or services other th t ose scrib in this bid docum t roposed, the bidder must include complete descriptive literatu for each. A r sts for a information must be received within five working day Ild ing the re uest. g n NOTE: Any uncertainties shall be b (479.575.8258) or e-mail (abeilf Fayetteville Purchasing Division the scope of work to be ask questions to enable Any inquiries or requests foWxplanatic to Amanda Beilfuss, City of Fayette\JrE telephone (479.575.8258). No ItftQLi1 part of this request for proposalll Z any, will be provided to all firms wr clarifications, or requests will not be di Any information provided herein is i necessary to properly respo basic information to submit not intended to limit a bids ediately via telephone I of the City of Vd accurate understanding of courage all interested parties to %40%\.S/requirements should be made promptly a is e-mail (abeilfuss@fayetteville-ar.gov) or ations will be given as to the meaning of any tions, and requests, together with answers, if . Names of firms submitting any questions, I after a contract is in place. ndecTto assist the bidder in the preparation of proposals The bid is designed to provide qualified bidders with sufficient it meting minimum specifications and/or test requirements but is or to exclude any relevant or essential data. Bidders irrevocably consent MR 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 21-72, Construction — On -Call Plumbing Services Rebid Page 13 of 20 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 teville. 27. INVOICING: Quotes shall be prepared using bi -cin V, are not required to be to reflect bid pricing. However, all invoices shall be presente to the Cit hall be fuzed 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 and 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 21-72, Construction — On -Call Plumbing Services Rebid Page 14 of 20 City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid 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 a Plumbing 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 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. Bidder shall include a response time as part of bid pricing. 1.5 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 additi a ileage, travel time costs, surchar es, fuel fees, or any other fees added onto invoicing. 1.6 The Cityestimates $50 000 of services for variousAprpjes durinea act term. iif�s listed in the bid g form are estimates only. Past spend reflects ro imately $26 ,768 om 2017 t id -June 2021, breakdown is as follows: * 2017 = approximately $4 00 ` * 2018 = approximatel*$1 * 2019 = approxim 0 * 2020 = approxi , 00 G * 2021(through mi AA: approx' 9,200 O 1.7 The City shall not be obligated to purc e o or less t t estimated quantities listed. The City reserves the right to purchase via an on-ca ending n ac al needs during the contract period. 1.8 Bidders shall furnish evidence that t y hav in the type of work as outlined in the bid specifications and shall include specific experience. A mi f hree (3) references for commercial work within the past three (3) years shall be submitted with e ch b 1.9 Bidder shall have been a licensed#p contractor with the State of Arkansas for a minimum of three (3) years. Current valid contract I i s quired and shall be valid at time of bid. 1.10 The Bidder shall possess the 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. 1.11 The Contractor shall be responsible for obtaining all required permits; however, fees for City issued permits shall be waived and shall not be included in pricing. 1.12 All work shall be performed in a high quality, workmanship like manner and shall conform to codes enforced by the City Inspection Division. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 15 of 20 1.13 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. 1.14 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. 1.15 PRICING: Hourly labor rates and markup percentages bid shall include but is not limited to all labor cost, insurance, mobilization, overhead, profit, travel time, bonding, mileage, etc. Prices quoted shall be firm for the term of the contract. The City shall not be charged any additional fees including but not limited to insurance premiums, mobilization, fuel surcharges, etc. 1.16 BID BOND: 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. This five (5) percent amount shall be based off the total base bid amount submitted. The total base bid amount is the estimated annual expected contract value. 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. IF BIDDER FAILS TO SUBMIT A VALID CASHIER'S CHECK OR A COMPLETED CORPORATE BID BOND, THE BIDDER'S SUBMITTAL SHALL BE 1.17 REJECTED. Pertaining to the bid table involving markup perce es o aterials. Mark up percent a input as a DECIMAL amount. For example, if a bidder desired to 'd a markup ° this perce d need to be inserted in the bid table as ".10" to calculate 09/*Acrease over the st of the mate 1.18 The Contractor shall employ a compete a tho oughl e d superin apable of handling all phases of each project including an necess assistant lete each ct. When any work under this contract is being performed, the Ci d necessary e e shall be p a the job site. The Superintendent shall represent%,e on ctor in hr b ce and all ti given to him shall be as binding as if given to the Contractor. ":; 1.19 Major and important direction all be co 'rm d in wri ' contractor, other directions shall be so confirmed upon written request of the or. 1.20 The Superintendent shall be in co respo charge of the project for the Contractor and shall not be superseded by any other personnel f the Conga er contract award, awarded Contractor shall submit the name of the proposed Superintendent or tact for the Contractor and shall furnish a telephone number or numbers through which the Sup t ent may be reached 24 hours each day of the contract duration. 1.21 The Contractor shall provide effic e ision for the work, using industry standard, best skill and attention. Contractor shall carefully st y anrnpare all Drawings, Specifications, and other instructions and shall report at once to the Project Mana an 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. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 16 of 20 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 St., Fayetteville, AR 72701. Point of Dispatch address shall be on the bid form page of submittal. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 17 of 20 City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid 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 21-72 as stated in bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 21-72, 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 acceptanc it mi ed detailed invoice. C 3. The Contract documents which comprise th contract e n the olrFayetteville and consist of this Contr ald the follo ing cuments �ereto, and made a part hereof: A. Bid form identified as I *tatio to Bid 2 -7`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 21-72, Construction — On -Call Plumbing Services Rebid Page 18 of 20 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 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 e d of si ed contract. The s ves the right to automatically renew the contract for four (4) a itional 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 C+ou 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: Changet 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 21-72, Construction — On -Call Plumbing Services Rebid Page 19 of 20 WITNESS OUR HANDS THIS DAY OF .2021. CONTRACTOR NAME CITY OF FAYETTEVILLE, ARKANSAS Signature Printed Contractor Name & Title LIONELD JORDAN, Mayor ATTEST (Signature) ATTEST: (Signature) Company Secretary (Printed Name) Kara Paxton, City Clerk Business Address City, State & Zip Code Date Signed: City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 20 of 20 I. TT CITY OF FAYETTEVILLE t ■ t3> a 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 21-72, Construction — On -Call Plumbing Services Rebid DEADLINE: Tuesday, September 21, 2021 before 3:00 PM, Local Time PRE -SUBMITTAL MEETING: Tuesday, September 14, 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@fayetteville-ar.gov DATE OF ISSUE & ADVERTISEMENT: Sunday, 09/05/2021 and 09/12/2021 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 Firm: Comfort Systems USA (Arkansas), Inc. Contact Person: Barbara Eggleston Title E-Mail: barbara@comfortar.com Business Address: 116 Commerical Avenue City: Lowell Signature: City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 1 of 20 State: AR Service Vice President Phone: 501-835-2859 Zip: 72745 Date: September 20, 2021 City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-72, Construction — On -Call Plumbing Services Rebid 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. A non -mandatory pre -submittal meeting will be held Tuesday, September 14, 2021 at 2:00 PM virtually via Zoom. The pre - submittal meeting will be held to offer guidance to any interested party needing assistance with submitting a bid in the City's online bidding platform. Questions pertaining to bid submittal process will be answered as well as any other general inquiries. Information regarding the pre -submittal meeting is available on the project page on the City's electronic bidding platform. All interested parties are strongly 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, September 21, 2021 before 3:00 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/citvoffavetteviIlear. 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. This five (5) percent amount shall be based off the total base bid amount submitted. The total base bid amount is the estimated annual expected contract value. 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: Amanda Beilfuss City Purchasing Agent P: 479.575.8258 Email: abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 09.05.21 & 09.12.21 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 2 of 20 City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid 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 entirety AND 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. BID BOND: 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. This five (5) percent amount shall be based off the total base bid amount submitted. The total base bid amount is the estimated annual expected contract value. 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. IF BIDDER FAILS TO SUBMIT A VALID CASHIER'S CHECK OR A COMPLETED CORPORATE BID BOND, THE BIDDER'S SUBMITTAL SHALL BE REJECTED. *Pertaining to the bid table involving markup percentages on materials: Markup 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°l increase over the cost of the material. THIS BID FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 3 of 20 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. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 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 specifications and requirements for delivery, documentation and support as specified herein. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 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. X 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. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 4 of 20 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Comfort Systems USA (Arkansas), Inc. Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name Comfort Systems USA (Arkansas), Inc. *BUSINESS ADDRESS: P.O. Box 16620 *CITY: Little Rock *STATE: AR *ZIP: *PHONE: 501-835-2859 FAX: 501-835-2404 *E-MAIL: barbara@comfortar.com *BY: (PRINTED NAME) Barbara *AUTHORIZED SIGNATURE: _ 0 *TITLE: Service Vice President DUNS NUMBER: 096677471 *TAX ID NUMBER: 74-2885035 Acknowledge Addendums: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: eston CAGE NUMBER: OGCA5 Acknowledged by: Acknowledged by: Acknowledged by: 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 21-72, Construction — On -Call Plumbing Services Rebid Page 5 of 20 City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: Comfort Systems USA (Arkansas), Inc. BUSINESS ADDRESS: 116 Commerical Avenue Lowell, AR 72745 NUMBER OF YEARS IN BUSINESS: 38 TOTAL NUMBER OF CURRENT EMPLOYEES: 174 HOW LONG IN PRESENT LOCATION: 15 FULLTIME 1 PARTTIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: 5 FULL TIME 0 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. OurPharma, LLC 2. Zeta Tau Alpha COMPANY NAME COMPANY NAME Fayetteville, AR 72701 Fayetteville, AR 72701 CITY, STATE, ZIP Kevin Williams CONTACT PERSON 479-422-2117 TELEPHONE On going maintenance DATE COMPLETED kwilliams@ourpharma.net E-MAIL ADDRESS 3, Arkansas Arts Academy COMPANY NAME Rogers, AR 72756 CITY, STATE, ZIP Neal Harral CONTACT PERSON 479-936-6481 TELEPHONE on going maintenance and service DATE COMPLETED nharral@artskl2.org E-MAIL ADDRESS City of Fayetteville, AR Bid 21-72, Construction —On-Call Plumbing Services Rebid Page 6 of 20 CITY, STATE, ZIP Laurie Blair CONTACT PERSON 834-670-0242 TELEPHONE on going services 17_% 11104I9lAla IisINC zetamomnwa@gmail.com E-MAIL ADDRESS 4. AT&T COMPANY NAME Benton AR CITY, STATE, ZIP Brett Barry CONTACT PERSON 501-538-5972 TELEPHONE on going services DATE COMPLETED Cb4375@att.com E-MAIL ADDRESS City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. C. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701 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. Bidder 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 subject 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. 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 21-72, Construction — On -Call Plumbing Services Rebid Page 7 of 20 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 BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". All bidders shall promptly notify Amanda Beilfuss, 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. WITH DRAWL 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 21-72, Construction — On -Call Plumbing Services Rebid Page 8 of 20 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: 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 bidder, by affixing his or her signature to this submittal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a bidder's records as such records that relate to purchases between the City and said bidder. 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 21-72, Construction — On -Call Plumbing Services Rebid Page 9 of 20 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 21-72, Construction — On -Call Plumbing Services Rebid Page 10 of 20 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: 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. 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 bidder for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 11 of 20 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. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 12 of 20 b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxsholl 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. 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. 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@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. 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 (abeilfuss@fayetteville-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. 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 bidders 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 21-72, Construction — On -Call Plumbing Services Rebid Page 13 of 20 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 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. 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 and payment bond is allowed to be charged to the City at an additional fee. 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 21-72, Construction — On -Call Plumbing Services Rebid Page 14 of 20 City of Fayetteville Bid 21-72, Construction — On -Call Plumbing Services Rebid 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 a Plumbing 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 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. Bidder shall include a response time as part of bid pricing. 1.5 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. 1.6 The City estimates $50,000 of services for various projects during each contract term. Quantities listed in the bid form are estimates only. Past spend reflects approximately $266,768 from 2017 through mid -June 2021, breakdown is as follows: * 2017 = approximately $42,400 * 2018 = approximately $168,000 * 2019 = approximately $146,200 * 2020 = approximately $38,800 * 2021(through mid -June): approximately $39,200 1.7 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. 1.8 Bidders shall furnish evidence that they have 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. 1.9 Bidder shall have been a licensed plumbing contractor with the State of Arkansas for a minimum of three (3) years. Current valid contractor's license is required and shall be valid at time of bid. 1.10 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. 1.11 The Contractor shall be responsible for obtaining all required permits; however, fees for City issued permits shall be waived and shall not be included in pricing. 1.12 All work shall be performed in a high quality, workmanship like manner and shall conform to codes enforced by the City Inspection Division. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 15 of 20 1.13 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. 1.14 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. 1.15 PRICING: Hourly labor rates and markup percentages bid shall include but is not limited to all labor cost, insurance, mobilization, overhead, profit, travel time, bonding, mileage, etc. Prices quoted shall be firm for the term of the contract. The City shall not be charged any additional fees including but not limited to insurance premiums, mobilization, fuel surcharges, etc. 1.16 BID BOND: 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. This five (5) percent amount shall be based off the total base bid amount submitted. The total base bid amount is the estimated annual expected contract value. 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. IF BIDDER FAILS TO SUBMIT A VALID CASHIER'S CHECK OR A COMPLETED CORPORATE BID BOND, THE BIDDER'S SUBMITTAL SHALL BE REJECTED. 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. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 16 of 20 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 St., Fayetteville, AR 72701. Point of Dispatch address shall be on the bid form page of submittal. City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 17 of 20 City of Fayetteville Bid 21-72, Construction —On-Call Plumbing Services Rebid 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, suppl ''hinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other access., d services necessary to complete items bid per Bid 21-72 as stated in . proposal, and in accordance with specifications attached hereto and made a part hereof und: .id 2 ` 72, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay based on their bict61..sal in an amount not to exceed amounts, hourly rates, and markup rates presented in . mittal 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 cod;% act etween the City of Fayetteville and consist of this Contract and the f ' `ytng documents attached hereto, and made a part hereof: A. Bid form identified as Invitation big• 1-72 with the specifications and conditions typed thereon. B. bid proposal. C. The Notice to Prospe i ;id.-rs and the Bid Tabulation. 4. These Contract doc ents constitute the entire agreement between the City of Fayetteville tit and may be modified only by a duly executed written instrument signed by the City of Fayet - •Ile . d 5. 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 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 21-72,Construction—On-Call Plumbing Services Rebid Page 18 of 20 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 & eAciAutomobile Insurance Bodily Injury Liability $500,000 for each person injured. Tor $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. \1 a': .gencies. 9. This contract may be terminated by the City of Fayetteville or 41° with 30 calendar days written notice. 10. This contract shall be effective from one year of the date n 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. efr a. Individual projects exceeding Coun . e. . -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 subject to Arkansas Freedom of Information Act. If a Freedom of Information Act request is pr s d the City of Fayetteville, the contractor will do everything possible to provide the . :'`` me s in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Ac A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA be assessed for this compliance. 12. Changes in s'w e or .rice: Changes, modifications, or amendments in scope, price or fees to this contract sha I 2.'.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 sas law applying to the case. 14. i 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 21-72, Construction—On-Call Plumbing Services Rebid Page 19 of 20 WITNESS OUR HANDS THIS DAY OF , 2021. CONTRACTOR NAME CITY OF FAYETTEVILLE, ARKANSAS By: By: Signature LIONELD JORDAN, Mayor Printed Contractor Name & Title ATTEST (Signature) Company Secretary (Printed Name) Business Address City, State & Zip Code Date Signed: City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 20 of 20 ATTEST: (Signature) Kara Paxton, City Clerk Date Signed: BID BOND EXECUTED IN TRIPLICATE --- 3--- Document A310 TM-2010 Conforms with The American Institute ofArchitects AIA Document 310 Bid Bond CONTRACTOR. SURETY: Wame. legal awas and a&rem) (Nerivlegal 0aw and P—rP1117IM4 ('01(sitir-TV Fidelity and Deposit Company of Maryiand Comfort Systems USA (Arkansas) Inc, 1299 Zurich Way, 5th Floor Thir doctumnt has Important PO BOX 16620 Schaumburg IL 60196-1056 legal cons4queric*s. Consultation Little RocK AR 72231 Mailing Address for Notices %vith an attorney is encoutaged With respect to HS complation or OWNER, modification, (Ninny. legalstatus andaddh=1 City` of Fayetteville 113 West Mountain Street Fayetteville AR BOND AMOUNT: 51% 72701 Five Percent of Amount Bid PROJECT: (Nanx, hxvilon or addh= amfler0w number. irmol BID 21-36 CONSTRUCTION- ON -CALL HVAC SERVICES Any singular raftrance to Contractor, $ureity, Owner or other party shall be conskJored pturril Ymcfe applicable, The Contractor and Surety are bound to the 0%viter in the amount set forth abovv. for the payroant of which the Contractor and surcly bind thomsclve_-, their heirs, osocutors. administrators, successors wid assil;tis, jointly and severalty, as provided hercia. Thecouditions of this Bond arc such that if the Owner 4cocNs the bid of the Contractor within the time spetificcl in the bid documents, or within such little period an may be agreed to by ilia 0vncr and Contractor, and the Contractor eidizr (1) cutors into a contract with the Oumer ist accordance with tins terms of such bid, mid }lit es such bond or bonds as may be specified in die bidding or Contract Docurtictits, with a sumty admitted in the jurisdiction of the Project and othemise acceptable to the 0%rcr, for the faithful performance of such Contract and for the prompt payment of labor and inaicriat furnished in the prosecution thereof'. or (2) pays to the 0,over the dilTcrencc not to oxcced the atnount of this boad, be wcen the amount specified in said bid and such larger aniount for %vitich ilia Goner way in good faith contract witli another ptuty to peribmi ilia work covered by said bid, than thiia obliSation shall be null and void; otlicnyiso to retuain in NII 1i)rc* avid c1lect. The Stvaky hereby %vuNvi tiny notice of an ugretment lutsNom dw Owner and Ctmiractor it) extend the firne in which the Chvner may accept the bid, wait-at4notioa by the Suroty shall not apply to any extemlion execctling sixty (60) days in the aIigreptt: heyund the (inij , al*biJ%.%;pccili#d in tha biddtxumont� and ilia O%vnzr and Contractorslull obtain the SuretVs comelil for an XV vxty (60) days. �4-1 If this Pond is issued in connelotion adth a subcontractoes bid to a Contractor, the term Contractor in this Bond shall t OJA"Avp 0 Subcontractor and the term O,,Arner shall b-- doemod to be Contractor, o 6. 0 3 , - : -- When this fiord has been rurni4hed to cornigy with a adatutory or oflicr Ito requiremert in "It location or the Pmj 4�,li P V it) I Z z this Rand cAmilicting tNilh.said -Autulary tit I;pI requininivolAull be deented deleted hirntfrorn od pnivisionx contsq!)i S, I Cn Autuuiry tit tKiltr legal requirement shull be deoned incor;ioratcd herein. Whrn %o rumiAnd, ilia intentis that this 0WAililt be co as a statutor y bond and not as a c4mimon law bond. Sil;acd and =Icd this 7th day of July, 2021, SAS "'NjelNl , Itill, Comfort Systems USA (Arkansas) Inc By: M*) TadKHanki7, President Fidelity and Deposit Company of Maryland intle) Kathleen M QrisuanO A"0r7"_7,n_FW_tF_-7_ S-00541AS W10 CORPORATE ACKNOWLEDGMENT Form 152 State of Arkansas County of Pulaski On this 9th day of July , 2021 before me personally came Tad Hankins, President , to me known, who, being by me duly sworn, did depose and say that he/she resides in Little Rock, AR that he/she is the President of the Comfort Systems USA (Arkansas), Inc. the corporation described in and which executed the above instrument; that he/she knows that seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. ENOTARY DA S. BARNES (SEAL) ASKI COUNTY UBLIC -- ARKANSA 2026n Expires June 12,sion No. 1234923" CORPORNTE ACKIN0ANTEDGIVIE NT State of New Jersey County of Monmouth On this day of--,, 2021 before nee personally came Kathleen M. Cristiano , to me, known, Nvho, being by me duly sworn, did depose and sad- that helshe resides in Westfield, NJ the corporation described in and which executed the above instrument; that he/she /mows that seal of sadd corporation; that the seal affixed to said instrument is such corporate seal.; that it -was so affixed by order of the Board of Directors of said corporation, and that helshe signed hislner name tnereto by line order. (S 4.L) - DZ14�'W S C6_�P_� W:,xeemFADRIAWNE UBLIC OF NEB JEW sion Expire 011y2W DocuSign Envelope ID: 25267642-AE1F-41D6-A122-FF1EBCBZCB63 THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1299 Zurich Way Schautnburg,IL 60196 Statement of Financial Condition As Of December 31, 2020 ASSETS Bonds............................................................................................................................................... S 262,624,334 .. Stocks.................................................................. ............. ............................................................ 19,715,392 C.asb and Shot t-Term Ttivestments................................................................................................. 3,219,781 ReinsuranceRecoverable................................................................................................................. 17,293,466 -Federal Income Tat: Recoverable..................................................................................................... 114,253 Other Accounts Receivable........................................................................................................... 29,083,530 ToTALADty m ED AssETs....................................................................................................... $ 332,050,756 LIABILI-riES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses ...... ......................................................................................... S 539,588 Ceded Reinsurance Premiums Payable............................................................................................ 43,847,005 Remittances and Items Unallocated ................................... ......»»................................................. 0 Payable to parents. subs and affiliates......................................................................................... 0 Securities Lending Collateral Liability., ....................................... .................................. ................ 0 ToTALLiARurrtEs........................................................................., ............................... S 44,413,593 Capital Stock, Paid Up .................................................................................. S 5,000,000 S11113lus................................................................................................................. 282,637,163 5uiplus as regards Policyholders...................................................................................................... 287,637,163 ToTA1,.............................................................................................. .........................................$ 332,050,756 Securities carried at 5165,065,329 in the above statement are deposited with valious states as required by lave. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of market quotations for all bonds and stocks owned, the Company`s total admitted assets at December 31, 2020 would be $346,439,970 and surplus as regards policyholders $302,026,377, 1, LAURA J. LAZARCZYK, Corporate Secretary of the FIDELITY AND DEPosrr COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31stday of December, 2020. �Docusloned by; I WAM 3. to War L Corporate Secretory State of itiinois City of Schaumburg Subscribed and sivont to, Warrme, a Notary Public of the Stair ofniinois, in the City of Schaumburg, this 15"` day of March, 2021. RYAN HORGAN Offlctat Seat Notary Public - State of Iltinois Arotm7�PuhGc My Commission Expires Dec 10, 2024 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kathleen M. CRISTIANO, Joseph DOBKOWSKI, JR., Adrianne SCALERA and John Dougherty HUNTER, all of Westfield, New Jersey, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of January, A.D. 2020. jF �f *'.N MISfJwg''�{,��•,4 ��'p 9Clpj�n 8RAL IAA By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND On this 13th day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, RobertD. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public -' <<. My Commission Expires: July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 7ffi day of •JuY 12021, a 4►H 1N6�.,• �k�YL, i ¢ ��'l'�' _ SISAL 0-, By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.roortsfclaimsCa,zurichna.com 800-626-4577 Responses Success: All data is valid! Numeric Estimated Hours 16— Description Per Year Price/Hour Estimated Cost Hours (Estimated Annual) Success: All values provided #1-1 Journeyman Plumber - Straight/Regular Time 100 $ 87.50 $ 8,750.00 Success: All values provided #1-2 Journeyman Plumber - Nights and Weekends 25 $ 131.25 $ 3,281.25 Success: All values provided #1-3 Journeyman Plumber - Holiday 10 $ 175.00 $ 1,750.00 Success: All values provided #1-4 Apprentice Plumber - Straight/Regular Time 100 $ 64.00 $ 6,400.00 Success: All values provided #1-5 Apprentice Plumber - Nights and Weekends 25 $ 96.00 $ 2,400.00 Success: All values provided #1-6 Apprentice Plumber - Holidays 10 $ 128.00 $ 1,280.00 Success: All values provided #1-7 Plumber's Helper - Straight/Regular Time 100 $ 50.00 $ 5,000.00 Success: All values provided #1-8 Plumber's Helper - Nights and Weekends 25 $ 75.00 $1,875.00 Success: All values provided #1-9 Plumber's Helper - Holidays 10 $ 100.00 $ 1,000.00 Success: All values provided #1-10 Foreman/Supervisor - Straight/Regular Time 100 $ 87.50 $ 8,750.00 Success: All values provided #1-11 Foreman/Supervisor - Nights and Weekends 25 $ 131.25 $ 3,281.25 Success: All values provided #1-12 Foreman/Supervisor - Holidays 10 $ 175.00 $ 1,750.00 Success: All values provided #1-13 General Laborer - Straight/Regular Time 100 $ 40.00 $ 4,000.00 Success: All values provided #1-14 General Laborer - Nights and Weekends 25 $ 60.00 $ 1,500.00 Success: All values provided #1-15 General Laborer - Holiday 10 $ 80.00 $ 800.00 Responses Success: All data is valid! Estimated Percent Markup (INPUT AS Estimated Cost Status # Description Quantity DECIMAL Materials (Estimated Annual) Success: All values provided #1-1 Material (Markup %) - Mark up percentage shall be input as a DECIMAL amount (For example, a 20000 0.25 $ 25,000.00 10% markup would need to be input as ".10"). Back W Pmjetl Bid 21-72, Construction — On -Call Plumbing Services Rebid - Proposal Data S6oushma 13 Search Supplier Ad Contractors AR Secretary of 5ta@ Pursuant Arkansas Code Appeal §25 1 510, Me Contractor agrees and causes that May do not License Filing R country Loymft usual and sell not boycott Israel during ary man In which they are entering lMq or while In contract, worth any public entry as defined In §M I an.9 M my brae daring compact Me connector decides to boycott Israel, ire contractor must rotor the comment public enter In wnfina. Combo Systems B SA pheasant, Inc 0884,4604R 811120486 Yee Scorecard Open.. Appendix C OVACITW R7F �1YETTEV1LLE A■KANSAS BID TABULATION BID 21-72, CONSTRUCTION - ON -CALL PLUMBING SERVICES REBID Comfort Systems USA (Arkansas), Inc. Total cost $ 51,817.50 Estimated Items Hours Per Price/Hour I EstimatedCost non Plumber- Nights and Weekends man Plumber Holiday ice Plumber - Straight/Regular Time ice Plumber- Nights and Weekends ice Plumber Holidays 's Helper - Straight/Regular Time "s Helper- Nights and Weekends 's Helper -Holidays r/Supervisor-Straight/Regular Time t/Supervisor-Nightsand Weekends t/Supervisor- Holidays Laborer-Straight/Regular Time Laborer- Nights and Weekends Laborer- Holiday 25 10 100 25 SO 100 25 10 300 25 10 100 25 10 $ 131.25 $ 175.00 $ 64.00 $ 96.00 $ 128.00 $ 50.00 $ 75.00 $ 100.00 $ 87.50 $ 131.25 $ 175.00 $ 40.00 $ 60.00 $ 80.00 $ 3,281.25 $ 1,750.00 $ 6,400.00 $ 2,400.00 $ 1,280.00 $ 5,000.00 $ 1,875.03 $ 1,000.00 $ 8,750.00 $ $ $ g4,OOO.00 $ $ 800.00 Comfort Systems USA (Arkansas), Inc. Total Cost $ 25,000.00 Estimated Percent Markup Estimated # Items (INPUT AS DECIMAL Quantity AMOUNT) Cost (Markup %) - Mark up percentage shall be input as e DECIMAL amount (For example, a 10% F2000Material #1-1 markup would need to be input as ".10"i. 0 11 0.25 $ 25,000.00 Comfort Systems USA (Arkansas), Inc. Total Base Bid I $ 76,817.50 'NOTICE: Final Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CITY OF FAYETTEVILLE + ARRAMBAS Bid 21-72, Construction — On -Call Plumbing Services Rebid Project Overview Project Details Project Name Bid 21-72, Construction — On -Call Plumbing Services Rebid Project Owner Amanda Beilfuss Project Type ITB Department Purchasing The City of Fayetteville is accepting bids from properly licensed plumbing contractors for providing plumbing services on an as -needed basis for a Project Description one (1) year term with the option to renew for four (4) additional one (1) year terms. Questions should be addressed to Amanda Beilfuss, Purchasing Agent at abeilfuss@fayetteville-ar.gov or by calling (479) 575- 8258. Open Date Sep 05, 2021 12:00 AM CDT Close Date Sep 21, 2021 3:00 PM CDT Highest Scoring Supplier Score Comfort Systems USA (Arkansas), Inc. 100 pts CITY OF FAYETTEVILLE ARKAN ARKAKBAS Seal status Requested Information Unsealed on Unsealed by Required Bid Form Sep 21, 2021 3:01 PM CDT Jonathan Smith Bid Bond Sep 21, 2021 3:01 PM CDT Jonathan Smith AR Secretary of State Filing # Sep 21, 2021 3:01 PM CDT Jonathan Smith AR Contractor's License Sep 21, 2021 3:01 PM CDT Jonathan Smith 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 Sep 21, 2021 3:01 PM CDT Jonathan Smith 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 21-72, Bid Table 1 of 2 - Sep 21, 2021 3:01 PM CDT Jonathan Smith Hourly Rates (BT-59FK) Bid 21-72, Bid Table 2 of 2 - Sep 21, 2021 3:01 PM CDT Jonathan Smith Markup on Materials (BT-34EZ) CITY OF FAYETTEVILLE + ARRANKAS 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 Sep 22, 2021 11:38 AM CDT No Jonathan Smith Sep 21, 2021 3:01 PM CDT No CITY OF FAYETTEVILLE ARKAN ARKAMBAS Questions and Answers No messages CITY OF FAYETTEVILLE ARKAN ARKAKBAS Public Notices Pre -Submittal Meeting: Tuesday, September 14, 2021 at 2:00 PM Amanda Beilfuss, Sep 02, 2021 1:05 PM CDT This pre -submittal meeting will be held to offer guidance to any interested party needing assistance with submitting a bid in the City's online bidding platform. Questions pertaining to bid submittal process will be answered as well as any other general inquiries. Topic: Pre -Submittal Meeting: Bid 21-72, Construction - On -Call Plumbing Services Rebid Time: Sep 14, 2021 02:00 PM Central Time (US and Canada) Join Zoom Meeting https://us06web.zoom.us/j/89585975928?pwd=NngrZDJtM3El eTFLQ3RJaWsrTDVJQT09 Meeting ID: 895 8597 5928 Passcode: 228771 One tap mobile 8778535257„89585975928# US Toll -free 8884754499„89585975928# US Toll -free Dial by your location 877 853 5257 US Toll -free 888 475 4499 US Toll -free Meeting ID: 895 8597 5928 Find your local number: https://us06web.zoom.us/u/kbKFIgYl 8W CITY OP .'S FAYETTEVILLE A\IG- Submissions Supplier Date Submitted Name Email Confirmation Code Barbara Eggleston barbara@comfortar.com MTYzNTMy Comfort Systems USA Sep 20, 2021 3:40 PM (Arkansas), Inc. CDT CITY OP .� FAYETTEVILLE AttANtAt Project Criteria Criteria A - TOTAL BASE BID A-1 - Total CITY OP .'S FAYETTEVILLE A\IG- Scoring Summary Active Submissions Total Supplier / 0 pts A - TOTAL BASE BID / 0 pts A-1 - / 0 pts Comfort Systems USA (Arkansas), 100 pts 100 pts 100 pts ($76,814.50) Inc. im ARKANS EVILLE FAYET Proposal Score Comments Comfort Systems USA (Arkansas), Inc. - Scoring Comments A-1 - - Reviewer Scores Reviewer Score Reason Comments Amanda Beilfuss 100 pts ($76,814.50) N/A CITY OF FAYETTEVILLE ARKAN ARKAMBAS Signatures Name Amanda Beilfuss (Project Owner) Amanda Beilfuss (Evaluator) Andrea Foren (Evaluator) Signatures Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2021.09.23 11:39:23-05'00' Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2021.09.23 11:39:43-05'00' Andrea Digitally signed by Andrea Foren Foren Date: 2021.09.30 14:46:19-05'00'