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HomeMy WebLinkAbout322-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 322-22 File Number: 2022-224 BID #21-72 COMFORT SYSTEMS USA, INC. - WILSON POOL REPAIRS: A RESOLUTION TO APPROVE A PROPOSAL FROM COMFORT SYSTEMS USA, INC. IN THE AMOUNT OF $180,944.00, PURSUANT TO BID #21-72, FOR PLUMING REPAIR AT WILSON PARK POOL, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $40,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on November 2, 2021, the City Council authorized a contract with Comfort Systems USA (Arkansas), Inc. for on -call plumbing services pursuant to Bid #21-72. NOW, THEREFORE, 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 approves a proposal from Comfort Systems USA, Inc., a copy of which is attached to this Resolution, in the amount of $180,944.00 for plumbing repair at Wilson Park Pool, and further approves a project contingency in the amount of $40,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on December 20, 2022 Attest: 010 r l} ft,// ��,�• K �. Kara Paxton, City erk Treasurer n 4 Page 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 p (479)575-8323 Text File File Number: 2022-1130 Agenda Date: 12/20/2022 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.28 BID #21-72 COMFORT SYSTEMS USA, INC. - WILSON POOL REPAIRS: A RESOLUTION TO APPROVE A PROPOSAL FROM COMFORT SYSTEMS USA, INC. IN THE AMOUNT OF $180,944.00, PURSUANT TO BID #21-72, FOR PLUMBING REPAIR AT WILSON PARK POOL, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $40,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on November 2, 2021, the City Council authorized a contract with Comfort Systems USA (Arkansas), Inc. for on -call plumbing services pursuant to Bid #21-72. NOW, THEREFORE, 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 approves a proposal from Comfort Systems USA, Inc., a copy of which is attached to this Resolution, in the amount of $180,944.00 for plumbing repair at Wilson Park Pool, and further approves a project contingency in the amount of $40,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 1212112022 Alison Jumper Submitted By City of Fayetteville Staff Review Form 2022-1130 Legistar File ID 12/20/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/30/2022 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: A resolution to approve a proposal from Comfort Systems USA, Inc in the amount of $180,944.00, pursuant to Bid No. 21-72, for plumbing services associated with a plumbing repair at Wilson Park Pool, to approve a project contingency in the amount of $40,000.00 for a total project cost of $220,944.00, and to approve a budget adjustment. ��►•>LYi]6�►Zi]Iit•>L��.�IiI�I[iI� Account Number 22009.2201 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: Park Development Fund Wilson Pool Repairs Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 180, 944.00 $ 220,944.00 $ V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 20, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Assistant Public Works Director CITY COUNCIL MEMO FROM: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs DATE: November 28, 2022 SUBJECT: A resolution to approve a proposal from Comfort Systems USA, Inc in the amount of $180,944.00, pursuant to Bid No. 21-72, for plumbing services associated with a plumbing repair at Wilson Park Pool, to approve a project contingency in the amount of $40,000.00 for a total project cost of $220,944.00, and to approve a budget adjustment. RECOMMENDATION: A resolution to approve a proposal from Comfort Systems USA, Inc in the amount of $180,944.00, pursuant to Bid No. 21-72, for plumbing services associated with a plumbing repair at Wilson Park Pool, to approve a project contingency in the amount of $40,000.00 for a total project cost of $220,944.00, and to approve a budget adjustment. BACKGROUND: The pool at Wilson Park has been there since the 1940's and is constructed over the creek that flows through the park. The pool has undergone several remodels over the years and at some point, that's undetermined, the plumbing for the pool was reworked and ran in a crawl space that surrounds the perimeter of the pool. This year, there were many leaks in the pool plumbing on both the pressure and suction side. After investigation with staff and a leak detection company, it was determined that most of the steel hangers the hold the plumbing suspended within the crawl space and rusted and broken causing the pluming to pull apart in several places. It's likely that this damage was accelerated due to flood waters in the spring overflowing the creek and washing into the crawl space where the plumbing is located. DISCUSSION: In order to operate the pool safely and efficiently, the plumbing and support hangers need to be replaced. Comfort System USA, INC., the City's plumbing on -call vendor, provided a proposal to replace the plumbing and the support hangers, as well as the pool pump and valves located on the surge pit and vacuum lines. BUDGET/STAFF IMPACT: This project proposal is for $180,944.00. Due to the inaccessible location of the plumbing and the age of the facility, it's difficult to anticipate what issues might arise during the repair. A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 project contingency of $40,000.00 is requested to cover any unexpected issues. The funds for this repair will come from HMR Reserve funds. Attachments: Comfort Systems USA, Inc Proposal Bid No. 21-72 COMFORT ■ ■il r- A SYSTEMS v iy Quality People, Building Solutions Comfort Systems USA (Arkansas), Inc. Post Office Box 16620 Little Rock, Arkansas 72231 501-835-2859 Phone 501-835-2404 Fax Date: 11/21/22 To: Wilson Park Attn: Byron Humphry Job Description: Comfort Systems USA (AR) Inc. Replace Piping around Swimming Pool Included: • Remove old piping around pool. • Hang new support hangers for piping • Run new piping on hangers • Connect piping to existing supply and return jets around the pool. • Replace pool pump in pump room. • Replace float valve. • Replace butterfly valve in pump room. Note: Customer will need to provide dumpsters for material from site. Pump has 16week lead time as of date of Quote, may change do to manufacture. Pup only has 5 day quote price. Price may increase and will change job price. Not Included: • After hours' work (before 7:30am or after 4:30pm). • Anything not mentioned in the above scope of work. • Any Electrical work • Piping through pool wall Price $180,044.00 Bond Fee $900.00 Total $180,944.00 3900 Terra Glenn Lane No. Little Rock, AR 72117 Note: Any pre-existing conditions including but not limited to electrical wiring, no GFI convenience outlet, control wiring, gas branch lines, supply or return air distribution, and no safety rail, which may affect the performance of the equipment or may not be in compliance with the Arkansas Mechanical Code or other state and local codes are excluded from this quotation unless specifically included in the job description. Patching, painting, ceiling removal or replacement and roofing related issues are also excluded from this quotation unless specifically included in the job description. Any additional work required to meet state or local codes not in the job description will be at additional expense to the customer. Terms: Due upon receipt Quote Valid for: 30 days Thank you for the opportunity to serve you. If you have any questions, please call. Please authorize d fax to: { LI)35-2404 Accepted S Date: I2" 20 - �2 PO #: Best Regards, XML Kelley Ramsey NWA Service Manager kramsev comfortar.com 501-539-3994 Cell 479-770-8992 Office 501-835-2859 Dispatch 3900 Terra Glenn Lane No. Little Rock, AR 72117 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: `���� t r r r ► rr���� ER K �C AYETTEl'ILLE ; ;0 Kara Paxton, City Clerk TreasLrs� • 9 �ONw Ov���`�• 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 Project Title Budgeted Item? No Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: 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 S A S 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&WC, 2021. COMFORT SYSTEMS USA (ARKANSAS), INC. By: Signature Barbara Eggleston, Service Vice President Printed Contractor Name & Title r� 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 TTEST: (Sign ure) y G�ERI( jT',y' p�••9u, Kara Paxton, City Cferk :-y•y lF. 9NSAS �� i j � 0 Date Signed: Al®Uivii'Yl%_1_94a1 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 th �tisement 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. Bi4sh4ll mitted inQ followi g ods: (1) through the City's third - party electronic bidding platfor2) delive i in erson vi envelope to the City of Fayetteville Purchasing Division. Submittingt e City's el i biddin �n is strongly encouraged. All bids shall be submitted in accordance withached Ci ttevil, 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 I 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: ` 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 electr i all i trongly encouraged. A p bliopening will be conducted shortly after the deadline at City Hall and livestr m at t s: vwhuu.voutube.com/use ettevillear. Late or misdirected bids shall not be accepted. The City of Fayettevi e all not be re le for lost i cted bids, or failure of bidder's technical equipment. it of Fayet i� Purch g Division 06 ♦ 113 West M reet ` Fayettevi 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 I2 one hundred percent (100%) performance a a Arkansas Contractor's License is required for a biddi doing busi es e State of Arkansas or a corporate bid bond lid. This ' nt amount shall be based off the total base bid ated an I e ected contract value. In the event a bidder opts to :as ' is c shall be delivered to the City prior to the deadline. A in quired for individual projects exceeding $50,000. A State of 1c all be valid at the time of bid deadline. Pursuant to Arkansas Code Annotated §22-9-203 TheNYV Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contrac for g ods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portio contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the period which shall not exceed beyond City of Fayetteville reject bids, and postpone the award of any Contract for a days from the bid opening date. 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 bidAles shall result in rejection of bid. The City intends to award this bid to the lowest responsive respoknsi%Vespo I bi der. The City will use the to K f both bid tables for each bidder to help determine the lowest r p ible bidder. ILBidders shall complete this bid form in its entiN D accom a a descri tiv ture on the products being bid. The City reserves the right to awa based on ty's best i PRICING: Hourly labor rates and markuprcen es bids II �ude but i li ited to all labor cost insurance mobilization overhead, i*QfIL tr el time n mileage, ices ciuoted shall be firm for the term of the contract. The City s e char ed itional fee in in but not limited to insurance premiums, mobilization fuel sur r s 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 5617ase bw aqMt submitted. The total base bid amount is the estimated annual expected contract valu . In thj~*ALWdder 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 COKAPLE CORPORATE BID BOND THE BIDDER'S SUBMITTAL SHALL BE REJECTED. *Pertaining to the bid table idrolx markup percentages on materials: Markup percentage shall be input as a DECIMAL t. 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 N -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: CA�G *TAX ID NUMBER: ` Acknowledge Addendums: Addendum No. Dated: Ac ged b Addendum No. Dated: c no le ged Addendum No. Dated: Ackno♦N e y: Addendum No. Dated: AcR JdRed bv: *ZIP: kBER: ♦`k-' 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 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. COMPANY NAME CITY, STATE, ZIP TELEPHONE DATE COMPLETED E-MAILADDRESS City of Fayetteville, AR Bid 21-72, Construction — On -Call Plumbing Services Rebid Page 6 of 20 2. PANY NAME st co) CITY, STAT CONTACT PERSON TELEPHONE ♦` A DATE COMPLETED E-MAIL ADDRESS 3 N ex SON `1l�EPHONE t ' DA E M ETED E- ADDRESS 4. COMPANY NAME COMPANY NAME CITY, STATE, ZIP 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 of bi g o uments prior to opening ti and date listed on the bid form. Bidders shall have experience in pro ding2 ro ucts and/o er ces of th sa or similar nature. Failure to provide materials bid wil 'ect bidder to dis ualificatiqMNhe remainder of the calendar year. Failure to delive r or inad Il 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 submiss' 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 would,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 ci i stance, 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 bidAegr s to m vailable to all r�ient 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 ariches, 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 betvv' 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. ,`.Kitt contracts and documents prepared while performing City ct to the Arkansas Freedom of Information Act. If a Freedom of Information Act reclMO!ris 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 comp and ad re ich must be the same as invoices submitted for paym It of aw t is bid. Fu e e successful bidder is responsible for immediately notifying th a ing Divisi ny comp change, which would cause invoicing to change from the n used at e ' e oft i ' a bid. Payment will be made within thirty days of invoice accepted. The City of Fa is ver edi orthy and will not pay any interest, fees, or penalty for untimely payments. Pa n be pr cess rough bidder's acceptance of Visa at no additional costs to the City for expe me+nt ssing. The City will not agree to any nonrefundable deposit or retainer that would remai prope der even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder bas on it prices provided on invoicing. Progress payments will be made after approval and accepta nc 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. 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 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 h , re ment. 20. NON-EXCLUSIVE CONTRACT: ^ 4 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 caCe,^ 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 ordW 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 %6,t b der's/proposer's/protestor's staff, and agent of the p7 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 purpof 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: *J 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 & Auio, X Bodily Injury Liability:` Property Damage Liability I 26. OTHER GENERAL CONDITIONS: cater in rance are to be addressed to the City of Prg iNlWce which shall be maintained throughout S�qljfre the subcontractor similarly to provide the �d Ti work on the project is not protected under shall cause each subcontractor to provide, adequate is employees as are not otherwise protected. Statutory Amount $1,00,000 for each accident $500,000 for each accident $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. f! The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. If products, components, or services other th t ose scrib in this bid docum tMroposed, the bidder must include complete descriptive literatu for each. A r sts for a information must be received within five working day Ildeiving the re uest. � 9 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\XE telephone (479.575.8258). No ltf%�Lil part of this request for Z proposalyl 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 %0S/requirements should be made promptly Ztions s e-mail (abeilfuss@favetteville-ar.gov) or 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 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 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 fu Mzed showing bid pricing to arrive at the final total invoice aououe: a. City Department artment that ordere marials ors 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 .�__ erials, equipment, transportation, and services necessary to do a superior quay 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 r ent threshold for City Council will require additional approval from the Fayettevi UICit uncil prior to authorization of work. Projects exceeding $50,000 will require a 100% pence 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 additifla%nileage, travel time costs, surchar es, fuel fees, or any other fees added onto invoicing. 1.6 The Cityestimates $50,000 of services for variousAprj�jes durin ea act term. i s listed in the bid g form are estimates only. Past spend reflectsJ. 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 : 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 license' contractor with the State of Arkansas for a minimum of three (3) years. Current valid contract I 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 ATTHE 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 0°/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 representllie on ctor in hi 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 din writ' 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 Contra 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. 3. The Contract documents which comprise th contract I RCIU*M* n theFayetteville and consist of this Contr aid the follo ingents d 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 heleity 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 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. 2-19-1*1 .). Only legally authorized photo coping costs pursuant to the FOIA may be ass e sed f is Hance. 12. Changes in scope or price: Changek mo ications, or amendments in scope, price or fees to this contract shall not be allowed wi rior formal contract amendment approved by the Mayor and the Fayetteville City Council ' e f the change in scope, cost or fees. 13. Jurisdiction: Legal jurisdic resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute. 15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted invoice. City of Fayetteville, AR Bid 21-72, 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 r�vvciiuix � .... M CITY OF ,. YETTEVILLE AKA N S 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: Service Vice President 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 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.Rov 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 pgIggntage 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. 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: *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 CITY, STATE, ZIP Kevin Williams Laurie Blair CONTACT PERSON CONTACT PERSON 479-422-2117 834-670-0242 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 TELEPHONE on going services DATE COMPLETED 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 iaW_11iffibibla sib 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 tax shall 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 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 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, supplOhinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other acces(Y72,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 and id all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay based on their bi sal in an amount not to exceed amounts, hourly rates, and markup rates presented in 'mittal by Payments will be made after approval and acceptance of work anck4iwission of invoice. Payments will be made approximately 30 days after acceptance of itemized detailed invoice. 3. The Contract documents which comprise the co act etween the City of Fayetteville and consist of this Contract and the f g documents attached hereto, and made a part hereof:,?)W A. Bid form identified as Invitation ,Bi 1-72 with the specifications and conditions typed thereon. B. bid proposal. C. The Notice to ProspeIii id rs and the Bid Tabulation. ,40p\ al 4. These Contract doc ents constitute the entire agreement between the City of Fayetteville ._ and may be modified only by a duly executed written instrument signed by the City of Fayet 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 a eville, against any and all claims for property damage, personal injury or death, arising from performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet; the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is City of Fayetteville, AR Bid 21-72, 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 an a gencies. 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 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 noAV he other of its intent to terminate the contract at the end of the contract period. 1?�A a. Individual projects exceeding Coun re 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 ed the City of Fayetteville, the contractor will do everything possible to provide the me sin 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 i safte or rice: Changes, modifications, or amendments in scope, price or fees to this contract sha I e allowed without a prior formal contract amendment approved by the Mayor and the FSn: eville City Council in advance of the change in scope, cost or fees. i 13. ris Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with r ssas law applying to the case. 14. 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 BID BOND EXECUTED IN TRIPLICATE --- 3--- Document A 0 TM -2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: Warne. legal awas and aiM.-ws) (Nimm legal skoiff and IV'-VWPr0" -f 6140ric-U) Fidelity and Deposit Company of Maryland Comfort Systems USA (Arkansas) Inc, 1299 Zudch Way, 5th Floor This doeLmrit has lmp6rtant PO BOX 16020 Schaumburg IL 60196-1056 legal consoquenots. Consultation Little Rock AR 72231 Mailing Address for Notices with an attorney Is encouraged with respect to its completion or OWNER: rwdification, #Vw7w. legalsurfas and addrcao City of Fayetteville 113 West Mountain Street Fayetteville AR BOND AMOUNT: 5% 72701 Five Percent of Amount Bid PROJECT: (Manx, Ices 11on or addrun andIlrofixionvisber. tfany) BID 21-36 CONSTRUCTION- ON -CALL HVAC SERVICES Any singular reference to Contractor, Surety, cwm*r or other party shall be cor**Werad ptural,whore applicable. The Contractor and Surety am bound to the Owncr in the amount set forth abavv, for the payment of which the Contractor and Serra; bind themselves, their heirs, escoutort, administrators, successors and assigns, jointly and severalty, as provided herein. The coilditions of this Bond arc such that if the. Owner acccrAs the bid of the Contractor within the time spotificd in the bid documents, or within such time period as may eta agreed to I%)- the (Avncr and Contractor, and the clonlruct9l, tither (1) enters into a contract with the Owner in accordance with flee terms of such bid, mid tivft such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and othamise acceptable to ilia owtvar, for the faithful performance of such Contract and for the Prompt Payment of labor and material tumished in flit prosecution thereof or (2) p"y to die Owmer the dif[cremc not to euted the atnou"I of this Bond. bemun the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party lo ptal'onn ilia work covered by said hid, that lhix obligation shalt he null and voidi othenvin to rentain in bull l'orce and eflecl . The Surety hereby %%uivoN any notice of an ugmement betwton the Owner and Contractor to extend the 6mc in which tho Owner may accept the bid. Wui%W;W notice by tile Surety Shall nut apply (o any extem'don excectling , sixty (60) days in the aggreple bc)imd tho limloamove,, =�ejitanca of bids.spcci fied in it= bid dticunionts, and the Owner and Contractor �diafl obtain ilia Surety,; VA)mCni riftan It ra vxty (60) dxyx If this Flared is itsuod in connection with a subcontractoes bid to Co a ntractor, the term Contractor in this Rood shall Subcontractor inid the tarot0,wncr sholl be deemed to be Cojitracwr. Z-0() a jV1 When thim 11oad has barn fismiAed to comply tenth adatutury or other Ito require-niert in the locafion orthe Pro) IV la as a z CD this Mmd aorillic* with mid statuirity tit legal mquimmentilitiff be deemed deleted hcreiroal tend pnnimonx cont6joiq -dalulury or other Ito requirement situp be deemed inctiqwtuted herviin. Wittrimi lurnisbcd, ilia inwrit, is that this DWAIWt be tma statutory bond and neat asa common law bond. Signal and scaled this 7th day of July, 2021, Comfort SXstorra USA (Arkanaa.s') Inc 7jTTt_nessT_ Mtfe) Tad4Hankins, President Fidelity and Deposit Company of Maryland A 1) ou.—O y Mde) Kathleen M Q riStial`10 Attorrsey-in F att— S-00541AS $110 CORPORATE ACKNOWLEDGMENT r 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. ENOTOARY DA S. BARNES (SEAL) ASKI COUNTY UBLIC -- ARKANSAS2026n Expires June 12,sion No. 1234923" CORPORATE ACKNOWLEDGMENT State of New Jersey COUIILV of Monmouth On this day of before me personally came Kathleen M. Cristiano , to me known, Nvho, being by me duly sworn, did depose and say that helshe resides in Westfield, NJ the corporation described in and which executed the above instrument; that he/she lznows 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/sloe signid: hisfher name thereto by like order. (S 4.L) _ SC6-'P-� ADRUkNNE SCAILERA NOTARY PUBLIC OF NEW JEW My Commission Expint 0" DocuSign Envelcpe 10: 25267642-AEI F-41 MAI22-FFIE8C82CBG3 THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1299 Zurich Way Schauraburg,IL 60196 Statement of Financial Condition As Of December 31, 2020 ASSETS Bonds............................................................................................................................................... Storks............................................................................................................................................... ^ash and. Shor' Term Ttrvestments......................................................... ........................................ ReinsuranceRecoverable ................................................................................................................. Federal Income Tax Recoverable..................................................................................................... 262,624,334 19,715,392 3,219,781 17,293,466 114,253 Other Accounts Receivable........................................................................................................ 29,083,530 10TAL.ADMTT1-EDASSETS........................ .................... ........ .......... ........................................... u 332,050)756 LIAETLI'CIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses................................................................................................ S 539,588 Ceded Reinsurance Premiums Payable.„......................................................................................... 43,847,005 Remittances and Itcros Unallocated.............................................................................................. 0 Payable to parents. subs and affiliates.............................................................................................. 0 Securities Lending Collateral Liability ...... ......................................................................... .............. 0 ToTALLiArrlLrTiEs.................................................................................,......................,......... S 44,413,593 Capital Stock, Paid Up........................................................................................ S 5,000,000 S1111)1us..................................................................,............................................. 282,637,163 Surplus as regards Policyholders...................................................................................................... 287,637,163 ToTA1,................................. ...................................................................................................... $ 332,050,756 Securities carried at S165,065,329 in the above statement are deposited with various states as required by lava,. Securities carried on the basis prescribed by the National Association oP Insurance Cornntissioners. On [Ile basis of market quotations for al bonds and stocks owned, the Company's total admitted assets at December 31, 2020 would be $346,439,970 and surplus as regards policyholders $302,026,377, 1, LAURA J. LAZARCZYIC, Corporate Secretary of the FIDELITY AND DLPoslT ComPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company oil the 31stday of December, 2020. OocuSrpned by; > r; ... Corporate Secretary Stale of Illinois City of Schaumburg Subscribed and sivont to, before. nre, a Notary Public of the State of2liinois, io the City of Schaumburg, this 15" day of March, 2021. RYAN HORGAN e , Official Seal - Notary Public - State of Illinois$ hrolarppuhtic My Commission Expires L7ec tU, 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. S1lslJw'�, p 011opr. ,�}�' a p,4 w..wa.A A1t� 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 4711411� EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -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 theCompany." 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 1 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. INTESTIMONY WHERIrOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 7th _ day of JJ�aly , 2021. 05 SEAL •a - .�... 7 o r.n. �'4pu N,Nd 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.reportsfclaims(&zurichna.com 800-626-4577 Responses Success: All data is valid! Description Numeric 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 #14 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! 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 10% markup would need to be input as ".10"). $ 25,000.00 Sack to Project Bid 21-7 , Construction — On -Call Plumbing Services Rebid - Proposal Data Supplier howJHide I. I Search —� AR Contractor's AR Secretary of State Pursuant Arkansas Code Annotated §25-1 503, the Contractor agrees and certifies that They do not �. License Filing #} currently boycott Israel and will not boycott Israel during any time in which they are entering into. cr while in contract, with any public entity as defined in §25-1-503. If at anytime during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Comfort Systems USA {Arkansas), Inc. 0004460422 911120406 Yes Scorecard Oven... V Appendix C BID TABULATION BID 21-72, CONSTRUCTION - ON -CALL PLUMBING SERVICES REBID Comfort Systems USA (Arkansas), Inc. Total Cost $ 51,817.50 Estimated If Items Hours Per Price/Hour EstimatedCost Year #1_1 Will Journeyman Plumber - Straight/Regular Time 100 $ 87.50 $ 8,750.00 #1-2 Journeyma n Pl umber- Nights and Weekends 25 $ 131.25 $ _ 3,281.25 H1-3 Journeyman Plumber -Holiday 10 $ 175.00 $ 1,750.00 #1-4 Apprentice Plumber- Straight/Regular Time 100 $ 64.00 $ 6,400.00 H1-5 Apprentice Plumber- Nights and Weekends 25 $ 96.00 $ 2,400.00 41-6 Apprentice Plumber -Holidays 10 $ 128.00 $ 1,280.00 N3-7 Plumber's Helper - Straight/Regular Time 100 $ 50.00 $ 5,000.00 41-8 Plumber's Helper- Nights and Weekends 25 $ 75.00 1,875.00 p1-9 Plumber's Helper - Holidays 10 _$ $ 100.00 $ 1,000.00� 11-10 Foreman/Supervisor-Straight/Regular Time 100 $ 87.50 $ 8,7.10.00 #1-11 Foreman/Supervisor- Nights and Weekends 25 $ 131.25 $ 3,281.25 H1-12 Foreman/Supervisor - Holidays 10 $ 175.00 $ 1,750.00 HI-13 General Laborer - Straight/Regular Time 100 $ 40.00 $ 4,000.00 N1-14 General Laborer- Nights and Weekends 25 $ 60.00 $ 1,500.00 ri1-15 lGeneral La borer- Holiday 10 $ 80.00. $ 800.00 Comfort Systems USA (Arkansas), Inc. Total Cost $ 25,000.00 Estimated Percent Markup Estimated q Items (INPUT A$ DECIMAL Quantity .. ...,rr I Cost ImarKup %) - mark up percentage span oe input as a uau NIAt am DUnt Iror exampie, a iur would need to be input as ".10"). 1 20000 11 0.25 $ 25,000.00 Comfort Systems USA (Arkansas), Inc. Total Base Bid $ 76,817.50 *NOTICE: Final Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CITY OF FAYETTEVILLE ARKAN& AR I(A M 8A8 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 Gi Tv OF FAYETTEVILLE + AANANBA$ 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) Gi TT OF FAYETTEVILLE + AANANBA$ 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 aeirr of ARKANS EtFILLE A RKAKSAS Questions and Answers No messages aeirr of FAY NSAS ILLE ARKAKSAS 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 or .� PAYETTlYILLL AM.... Submissions Supplier Comfort Systems USA (Arkansas), Inc. Date Submitted Sep 20, 2021 3:40 PM CDT Name Barbara Eggleston Email barbara@comfortar.com Confirmation Code MTYzNTMy AM CITY or .M0 PAYETTIVILLE ANNANNAN Project Criteria Criteria A - TOTAL BASE BID A-1 - Total CITY or IVPAYETTIVILL[ AM.... Scoring Summary Active Submissions Supplier Comfort Systems USA (Arkansas), Inc. Total / 0 pts 100 pts A - TOTAL BASE BID / 0 pts 100 pts A-1 - / 0 pts 100 pts ($76,814.50) AM CITY o/ .MO PAYETTIVILLE AM.... Proposal Score Comments Comfort Systems USA (Arkansas), Inc. - Scoring Comments A-1 - - Reviewer Scores Reviewer Score Reason Comments Amanda Beilfuss 100 pts ($76,814.50) N/A CITY OF FAYETTEVILLE + ARRANBA$ 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' City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number PARKS &RECREATION (520) 2022 /Org2 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget adjustment to request required funds from HMR Reserves (fund balance) for Wilson Pool repairs to remove all old pressure and suction piping that is underground in the crawl space around the outside of the pool wall and to install new piping and hangers. This is required to fix a major water leak at the pool. The repairs will also require a new pump and new valves for the surge pit and vacuum system. To be performed by City's on -call plumbing provider (Bid # 21-72) - Comfort Systems USA. Quoted price for known work is $180,944. A contingency of $40,000 is being added due to nafi ira of thk %Ainrk and nntnntial fnr arlrlitinnal i inknQXAin ranairr COUNCIL DATE: 12/20/2022 ITEM ID#: 2022-1130 RESOLUTION/ORDINANCE Kevin Springer 7713012022 6: 07 P l Budget Division TYPE: JOURNAL #: GLDATE: CH KD/POSTED: Date D - (City Council) TOTAL 220,944 220,944 v.20221115 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2250.520.9250-4999.99 - 220,944 RE Use Fund Balance - Current 2250.520.9255-5400.00 180,944 - 22009 2201 EX Building & Grounds - Maintenance 2250.520.9255-5911.99 40,000 - 22009 2201 EX Contingency - Capital Project H:\Budget Adjustments\2022_Budget\CITY COUNCIL\12-20-22\2022-1 130 BA Wilson Pool Repairs Comfort Systems.xlsx 1 of 1 Comfort Systems USA Change Order City of Fayetteville Staff Review Form 2023-0690 Item ID NA City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Byron Humphry 6/1/2023 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Mayor's signature and approval of a change order with Comfort Systems for additional repairs to the Wilson Pool in I the amount of $6,998.24. Budget Impact: 2250.520.9255-5400.00 Parks Development Account Number Fund 22009.2201 Wilson Pool Repairs Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 220,944.00 Expenses (Actual+Encum) $ 180,944.00 Available Budget $ 40,000.00 Does item have a direct cost? Yes Item Cost $ 6,998.24 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ 33,001.76 V20221130 Purchase Order Number: 2022-00000817 Previous Ordinance or Resolution # 322-22 Change Order Number: Approval Date: 06/06/2023 Original Contract Number: Comments: CITY OF FAYETTEVILLE %PF ARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Assistant Public Works Director FROM: Byron Humphry, Park Operations Director DATE: 6/1 /23 STAFF MEMO SUBJECT: Mayor's signature and approval of a change order with Comfort Systems for additional repairs to the Wilson Pool in the amount of $6,998.24 RECOMMENDATION: Mayor's signature and approval of a change order with Comfort Systems for additional repairs to the Wilson Pool in the amount of $6,998.24. BACKGROUND: On December 20, 2022, City Council passed Resolution 322-22 to approve a proposal from Comfort Systems USA, Inc in the amount of $180,944.00, pursuant to Bid #21-72, for plumbing repair at Wilson Park Pool, to approve a project contingency in the amount of $40,000.00, and to approve a budget adjustment. DISCUSSION: During the repair of the Wilson Pool plumbing, it was noted that the RPZ and mixing valve were leaking and need to be replaced. Comfort Systems provided a bid and change order quote of $4,472 for the RPZ and $2,526.24 for the mixing valve for a total of $6,998.24. BUDGET/STAFF IMPACT: The cost of this change order is $6,998.24 and will come from the approved contingency for this project which was $40,000. Attachments: Comfort Systems change order proposal Resolution 322-22 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 322-22 File Number: 2022-224 BID #21-72 COMFORT SYSTEMS USA, INC. - WILSON POOL REPAIRS: A RESOLUTION TO APPROVE A PROPOSAL FROM COMFORT SYSTEMS USA, INC. IN THE AMOUNT OF $180,944.00, PURSUANT TO BID #21-72, FOR PLUMING REPAIR AT WILSON PARK POOL, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $40,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on November 2, 2021, the City Council authorized a contract with Comfort Systems USA (Arkansas), Inc. for on -call plumbing services pursuant to Bid #21-72. NOW, THEREFORE, 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 approves a proposal from Comfort Systems USA, Inc., a copy of which is attached to this Resolution, in the amount of $180,944.00 for plumbing repair at Wilson Park Pool, and further approves a project contingency in the amount of $40,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on December 20, 2022 Attest: v7 yr � r.:` ••tr � s Kara Paxton, City Cferk Treasurer l • = Page 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 0 (479)575-8323 Text File File Number: 2022-1130 Agenda Date: 12/20/2022 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.28 BID #21-72 COMFORT SYSTEMS USA, INC. - WILSON POOL REPAIRS: A RESOLUTION TO APPROVE A PROPOSAL FROM COMFORT SYSTEMS USA, INC. IN THE AMOUNT OF $180,944.00, PURSUANT TO BID #21-72, FOR PLUMBING REPAIR AT WILSON PARK POOL, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $40,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on November 2, 2021, the City Council authorized a contract with Comfort Systems USA (Arkansas), Inc. for on -call plumbing services pursuant to Bid #21-72. NOW, THEREFORE, 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 approves a proposal from Comfort Systems USA, Inc., a copy of which is attached to this Resolution, in the amount of $180,944.00 for plumbing repair at Wilson Park Pool, and further approves a project contingency in the amount of $40,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 1212112022 COMFORT ��Am SYSTEMS Quality People, Building Solutions Comfort Systems USA (Arkansas), Inc. Post Office Box 16620 Little Rock, Arkansas 72231 501-835-2859 Phone 501-835-2404 Fax Date: 5/31/23 To: Wilson Park Attn: Byron Humphrey Job Description: Comfort Systems USA (AR) Inc. Change Order for Other Repairs Included: • Replace and relocate RPZ to accessible location. • Replace mixing valve and repair pipping that froze. Note: Not Included: • After hours' work (before 7:30am or after 4:30pm). • Anything not mentioned in the above scope of work. • Sheetrock. • Painting. Change Order information: RPZ Relocate & Install Quote = $4,472.00 Mixing Valve Replacement = $2,526.24 CHANGE ORGER TOTAL = $6,998.24 Swimming Pool Project = $180,944.00 Change Order Total = $6,998.24 TOTAL = $187,942.24 3900 Terra Glenn Lane No. Little Rock, AR 72117 Note: Any pre-existing conditions including but not limited to electrical wiring, no GFI convenience outlet, control wiring, gas branch lines, supply or return air distribution, and no safety rail, which may affect the perfonnance ofthe equipment or may not be in compliance with the Arkansas Mechanical Code or other state and local codes are excluded from this quotation unless specifically included in the job description_ Patching, painting, ceiling removal or replacement and roofing related issues are also excluded from this quotation unless specifically included in thejob description. Any additional work required to meet state or local codes not in the job description will be at additional expense to the customer. Terms: Due upon receipt Quote Valid for: 30 days Thank you for the oppot)unity to serve you. If you have any questions, please call. Please authorize a 4 xko: (Sfjl) 83 Accepted By:,(; PO #: 2 Best Regards, Kelley Ramsey NWA Service Manager kramsey@comfortar.com 501-539-3994 Cell 479-770-8992 Office 501-835-2859 Dispatch 06-06-2023 3900 Terra Glenn Lane No. Little Rock, AR 72117 City of Fayetteville, Arkansas - Budget Adjustment Form Budget Year Division PARKS & RECREATION (520) /Org2 Adjustment Number 2023 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget adjustment required within Wilson Pool Repairs project (22009.2201) for additional repairs to the Wilson Pool. The work is to be performed by Comfort Systems and is in the process of being added to PO 2022-00000817 via a Change Order being submitted for the Mayor's signature to increase the contract as required. f LZ Dtvisi n Head Date C/, A---- z/,/1/z partment Director Date Chief Financial Officer Date REQUEST DATE: 6/1/2023 Budget Division Date TYPE: JOURNAL #: GLDATE: Chief of Staff Date CHKD/POSTED: TOTAL v.2023530 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2250.520.9255-5400.00 6,999 22009 2201 EX Building & Grounds - Maintenance 2250.520.9255-5911.99 (6,999) 22009 2201 EX Contingency - Capital Project K:Vinancial Services\BA's 2023\Budget Adjustment - Comfort Systems USA - Wilson Pool Repairs.xlsm 1 of t