HomeMy WebLinkAbout2015-11-17 - Agendas - Archive November 17,2015
Final Agenda
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City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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Meeting Agenda - Final Agenda
Tuesday, November 17, 2015
5:30 PM
City Hall Room 219
City Council Meeting
Adella Gray Ward 1
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer, Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
November 17,2015
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City Council Meeting Meeting Agenda-Final Agenda November 17,2015
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
A. 1 2014-0515
APPROVAL OF THE OCTOBER 30, 2015 SPECIAL CITY COUNCIL
MEETING MINUTES.
A. 2 2015-0514
OFFICE DEPOT,INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH OFFICE DEPOT,
INC. FOR THE PURCHASE OF OFFICE SUPPLIES PURSUANT TO A
WESTERN STATES CONTRACTING ALLIANCE-NATIONAL
ASSOCIATION OF STATE PROCUREMENT OFFICIALS
COOPERATIVE PURCHASING AGREEMENT
Attachments: 2015-0514, Office Depot, Inc.
A. 3 2015-0511
CONTECH ENGINEERED SOLUTIONS,LLC:
A RESOLUTION TO AWARD BID NO. 15-58 AND AUTHORIZE THE
PURCHASE OF A PREFABRICATED STEEL TRAIL BRIDGE FROM
CONTECH ENGINEERED SOLUTIONS, LLC IN THE AMOUNT OF
$87,126.00 PLUS APPLICABLE TAXES FOR INSTALLATION ON THE
TOWN BRANCH TRAIL OVER TOWN BRANCH CREEK, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$19,124.16
Attachments: 2015-0511 Town Branch Trail Bridge Award
A. 3 Additional Contech Engineered Solutions, LLC
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A. 4 2015-0512
COMMUNITY ACCESS TELEVISION,INC.D/B/A YOUR MEDIA:
A RESOLUTION TO APPROVE A CONTRACT WITH COMMUNITY
ACCESS TELEVISION, INC. D/B/A YOUR MEDIA IN THE AMOUNT
OF $153,570.00 FOR THE PROVISION OF PUBLIC ACCESS
TELEVISION SERVICES AND THE OPERATION OF THE PUBLIC
ACCESS TELEVISION CHANNEL THROUGH 2016, CONTINGENT
ON APPROVAL OF THE 2016 ANNUAL CITY BUDGET
Attachments: Public Access Provider Contract 2016 Legistar3
A. 5 2015-0505
2015 ADEQ BOSTON MOUNTAIN RECYCLING GRANT:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2015
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
GRANT THROUGH THE BOSTON MOUNTAIN SOLID WASTE
DISTRICT IN THE AMOUNT OF $8,000.00 FOR THE PURCHASE OF
PUBLIC SPACE RECYCLING CONTAINERS, AND TO APPROVE A
BUDGET ADJUSTMENT
Attachments: SRP Public Space Recycling Containers Boston Mountain 2015
BA Public Space Recvclinq Containers Boston Mountain 2015
A. 6 2015-0509
SPECIAL NEEDS ASSISTANCE PROGRAMS GRANTS(SNAP):
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE
AMOUNT OF $414,161.00 RECOGNIZING SPECIAL NEEDS
ASSISTANCE PROGRAM GRANT REVENUE, AND TO AUTHORIZE
THE ADDITION OF 2.0 TEMPORARY FULL TIME EQUIVALENT
POSITIONS TO THE COMMUNITY RESOURCES DIVISION TO HIRE
CASE MANAGERS TO PROVIDE HOUSING SERVICES FOR
HOMELESS FAYETTEVILLE RESIDENTS
Attachments: Agenda Packet Legistar Item 2015-0509
SNAP Grants BA Form - Legistar
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A. 7 2015-0462
VULNERABLE ROAD USERS PROTECTION:
A RESOLUTION TO AFFIRM THE CITY'S PERSISTENT EFFORTS
AND LENGTHY COMMITMENT TO ALTERNATIVE AND ACTIVE
TRANSPORTATION INFRASTRUCTURE, ROAD AND TRAIL
SAFETY AND THE PROTECTION OF ALL VEHICULAR AND
VULNERABLE ROAD USERS
Attachments: CC packet vulnerable road users
B. Unfinished Business:
B. 1 2015-0495
TREE PRESERVATION AREA VACATION FOR CRAIN
AUTOMOTIVE:
A RESOLUTION TO REJECT THE RECOMMENDATION OF THE
URBAN FORESTER WHO DETERMINED THAT THE TREE
PRESERVATION AND MITIGATION AREAS IN EASEMENTS AND
DEDICATIONS AGREED TO AND SIGNED BY THE
OWNER/DEVELOPER ON JUNE 25, 2014, SHOULD NOT BE
VACATED OR CHANGED BY A NEW DEVELOPMENT PROPOSAL
FOR THIS ACREAGE
Attachments: 2015-0495 Crain Automotive Tree Preservation Vacation
B. 1 Additional Tree Preservaton Area Vacation for Crain Automotive
At the November 3,2015 City Council meeting, this resolution was tabled to the
November 17, 2015 City Council meeting.
C. New Business:
C. 1 2015-0485
RZN 15-5196(3422 N. COLLEGE AVE./SCOTT PLAZA):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5196 FOR APPROXIMATELY 0.57
ACRES LOCATED AT 3422 N. COLLEGE AVENUE FROM R-O,
RESIDENTIAL-OFFICE TO C-1,NEIGHBORHOOD COMMERCIAL
Attachments: 15-5196 CC EXHIBITS
15-5196 CC DOCUMENTS
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C. 2 2015-0516
VAC 15-5204(722 S. LOCUST AVE./SOUTHSIDE TOWNHOMES):
AN ORDINANCE TO APPROVE VAC 15-5204 SUBMITTED BY
INFILL GROUP, INC. FOR PROPERTY LOCATED AT 722 S. LOCUST
AVENUE TO VACATE PORTIONS OF ALLEY AND STREET
RIGHTS-OF-WAY
Attachments: 15-5204 CC EXHIBITS
15-5204 CC DOCUMENTS
C. 3 2015-0515
AMEND § 150.02 PURPOSE:
AN ORDINANCE TO AMEND § 150.02 PURPOSE OF THE UNIFIED
DEVELOPMENT CODE BY ENACTING FURTHER LANGUAGE
Attachments: 15-5195 EX A
15-5195 CC reports
C. 4 2015-0513
AMEND CHAPTERS 160, 161 AND 167:
AN ORDINANCE TO AMEND § 160.01 ESTABLISHMENT OF
DISTRICT, § 161.10 DISTRICT RSF-18, RESIDENTIAL
SINGLE-FAMILY, EIGHTEEN UNITS PER ACRE, AND TABLE 1
MINIMUM CANOPY REQUIREMENTS OF § 167.04 TREE
PRESERVATION AND PROTECTION DURING DEVELOPMENT,
ALL WITHIN THE UNIFIED DEVELOPMENT CODE
Attachments: 15-5093 Amend CCreports
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C. 5 2015-0469
AMEND CHAPTER 97 PARKS AND RECREATION:
AN ORDINANCE TO AMEND CHAPTER 97PARKS AND
RECREATION OF THE FAYETTEVILLE CITY CODE TO ALLOW
TWENTY FOUR (24) HOUR ACCESS TO SHARED USE PAVED
TRAILS; TO ADD LEASH REQUIREMENTS FOR ANIMALS IN
CERTAIN PARKS; TO PROHIBIT CERTAIN ACTIVITIES IN PARKS
INCLUDING UNAUTHORIZED VEHICLE OPERATION, USE OF
PADDLE BOARDS ON CITY LAKES, AND SHOOTING OF MODEL
ROCKETS; TO PROVIDE FOR CERTAIN ACTIVITIES IN PARKS
INCLUDING CAMPING, HORSEBACK RIDING, LIMITED VENDING
AT PARK EVENTS, AND POSTING OF TEMPORARY SIGNS; AND
TO MAKE OTHER TECHNICAL REVISIONS
Attachments: Exhibit A- Proposed Chapter 97
Legistar Packet-Chapter 97
C. 6 2015-0463
AMEND § 73.04 RIDING ON ROADWAYS AND BICYCLE PATHS
AND§73.05 RIDING ON SIDEWALKS:
AN ORDINANCE TO AMEND § 73.04 RIDING ON ROADWAYS
AND BICYCLE PATHS TO PROVIDE FOR THE SAFE OPERATION
OF BICYCLES ON ROADWAYS AND BICYCLE PATHS, AND TO
AMEND § 73.05 RIDING ON SIDEWALKS TO PROVIDE FOR THE
SAFE OPERATION OF BICYCLES ON SIDEWALKS
Attachments: CC packet- Bicycle Ordinance Amendments
Bicycle Ordinance Package CC Memo-Amendment Package w out Map
C. 7 2015-0517
ADOPT THE 2016 ANNUAL BUDGET AND WORK PROGRAM:
A RESOLUTION TO ADOPT THE 2016 ANNUAL BUDGET
AND WORK PROGRAM
Attachments: 2016 Proposed Budget 2015 0517.pdf
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C. 8 2015-0529
APPEAL OF THE PLANNING COMMISSION'S CUP 15-5217:
CONDITIONAL USE(2648 N. OLD WIRE ROAD/APPLE SEEDS):
A RESOLUTION TO GRANT THE APPEAL OF ALDERMEN JUSTIN
TENNANT, MARTIN SCHOPPMEYER AND JOHN LATOUR OF
CONDITIONAL USE CUP 15-5217 (2684 NORTH OLD WIRE
ROAD/APPLE SEEDS, INC.) GRANTED BY THE PLANNING
COMMISSION ON OCTOBER 26, 2015 AND TO DENY THE
CONDITIONAL USE (OR TO RETURN THE CONDITIONAL USE TO
THE PLANNING COMMISSION FOR RENEWED CONSIDERATION)
Attachments: Agenda Packet Apple Seeds Appeal
D. City Council Agenda Session Presentations:
E. City Council Tour:
F. Announcements:
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and
Old Business. Please wait for the Mayor to request public comment and then
come to the podium, give your name, address, and comments about the agenda
item. Please address only the Mayor. Questions are usually answered by the
Mayor,Aldermen or Staff after the public comment period is over. Please keep
your comments brief and respectful. Each person is only allowed one turn at the
microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council
Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City
Council pertaining to City Council meetings:
Agenda additions:A new item which is requested to be added to the agenda at a
City Council meeting should only be considered if it requires immediate City
Council consideration and if the normal agenda setting process is not practical.
The City Council may only place such new item on the City Council meeting's
agenda by suspending the rules by two-thirds vote. Such agenda addition shall be
heard prior to the Consent Agenda.
Consent Agenda: Consent Agenda items shall be read by the Mayor and voted
upon as a group without discussion by the City Council. If an Alderman wishes to
comment upon or discuss a Consent Agenda item, that item shall be removed and
considered immediately after the Consent Agenda has been voted upon.
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Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the
Mayor and, if an ordinance, read by the City Attorney. City staff shall then present
a report. An agenda applicant(city contractor, rezoning or development applicant,
etc.)may present its proposal only during this presentation period, but may be
recalled by an alderman later to answer questions. Staff and applicants may use
electronic visual aids in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the
audience on all items of old and new business and subjects of public hearings. No
electronic visual aid presentations shall be allowed, but the public may submit
photos,petitions, etc. to be distributed to the City Council. If a member of the
public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than
9:00 a.m. on the day of the City Council meeting.Any member of the public shall
first state his or her name and address, followed by a concise statement of the
person's position on the question under discussion. Repetitive comments should
be avoided,this applies to comments made previously either to the City Council or
to the Planning Commission when those Planning Commission minutes have been
provided to the Aldermen. All remarks shall be addressed to the Mayor or the City
Council as a whole and not to any particular member of the City Council. No
person other than the Aldermen and the person having the floor shall be permitted
to enter into any discussions without permission of the Mayor. No questions shall
be directed to an Alderman or city staff member except through the Mayor.
Courtesy and respect.
All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or
derogatory remarks, reflections as to integrity, abusive comments and statements
about motives or personalities. Any member of the public who violates these
standards shall be ruled out of order by the Mayor, must immediately cease
speaking and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council
meetings, a 72 hour advance notice is required. For further information or to
request an interpreter,please call 479-575-8330.
A copy of the complete City Council agenda is available at www.fayetteville-ar.gov
or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas.
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City of Fayetteville, Arkansas 113 West Mountain Baget9 of 288
Fayetteville,AR 72701
- - (479)575-8323
Text File
File Number: 2015-0514
Agenda Date: 11/17/2015 Version: 1 Status:Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number:A.2
OFFICE DEPOT,INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH OFFICE DEPOT, INC. FOR THE
PURCHASE OF OFFICE SUPPLIES PURSUANT TO A WESTERN STATES CONTRACTING
ALLIANCE-NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS
COOPERATIVE PURCHASING AGREEMENT
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 approves a contract with
Office Depot, Inc., a copy of which is attached to this Resolution, for the purchase of office supplies
pursuant to a Western States Contracting Alliance-National Association of State Procurement Officials
cooperative purchasing agreement.
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City of Fayetteville Staff Review Form
2015-0514
Legistar File ID
Nov. 17th, 2015
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Peggy Vice 10/30/2015 Purchasing/
Finance & Internal Services Department
Submitted By Submitted Date Division/ Department
Action Recommendation:
Staff recommends approval to enter into an agreement with Office Depot, Inc. on the WSCA-NASPO Cooperative
Purchasing Program.
Budget Impact:
Various Various
Account Number Fund
Various Various
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance $
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution#
Original Contract Number: Approval Date:
Comments: This contract will be utilized by all divisions in the City on an as needed basis.
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CITY OF Page 11 of 288
Taye evl jq CITY COUNCIL AGENDA MEMO
ARKANS
MEETING OF NOVEMBER 17, 2015
TO: Mayor and City Council
THRU: Paul Becker, Finance & Internal Services Director
FROM: Peggy Vice, Purchasing Manager
DATE: October 29, 2015
SUBJECT: Office Depot— Office Supply Contract
RECOMMENDATION:
Staff recommends approval to enter into an agreement with Office Depot, Inc. on the WSCA-
NASPO Cooperative Purchasing Program.
BACKGROUND:
In 2015, the City budgeted $259,571 in all funds for office supplies, paper products, copy paper,
etc. Office supplies are purchased from several different sources including Walmart, Sam's
Club, Staples and others. At least two thirds of purchases for the last few years have been from
the Arkansas State Contract with Office Depot; however, in May 2014, the State changed their
contract to continue utilizing Office Depot but with Goddess Products, Inc. handling the
customer service, payment and website portion of the contract.
DISCUSSION:
In the eighteen months the City has been under the Goddess Products, Inc. contract we've had
adverse experiences with their website. Searching and placing orders is not user friendly.
Order history is difficult to access and difficult to impossible to access and print invoice copies.
When City employees initiate an order they receive three inadequate invoices before obtaining a
final invoice with sales tax which is necessary for appropriate spending documentation. The
City has experienced an unfortunate step back in technology by utilizing Goddess Products, Inc.
and does not have functionality previously available from Office Depot.
The Purchasing Department has received numerous requests from City users to go back to
dealing directly with Office Depot Inc. There is no disadvantage changing and the contract has
been competitively bid; therefore, the City will return to favorable competitive pricing, next day
free delivery and the ability to place orders on Office Depot's user friendly website.
BUDGET/STAFF IMPACT:
Office supplies are budgeted in each department and division as required.
Attachments:
Participating Agreement with Office Depot, Inc.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
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EXECUTION,,,ftal Agenda
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PARTICIPATING ADDENDUM
WSCA NASPO COOPERATIVE PURCHASING PROGRAM
OFFICE SUPPLIES & SERVICES, Toner, Paper, Recycled-
Content/Green Products and other miscellaneous products.
Administered by the State of Oregon(hereinafter "Lead State")
MASTER AGREEMENT
Office Depot, Inc.
Master Agreement No: PA 5737
(hereinafter "Contractor")
And
City of Fayetteville,Arkansas
(hereinafter "Participating State/Entity")
1.Scope:This addendum covers the Office Supplies and Services Master Agreement led by the
State of Oregon for use by state agencies and other entities located in the Participating
State/Entity authorized by that state's statutes to utilize state/entity contracts with the prior
approval of the state's chief procurement official.The Participating Addendum Effective Date
shall be November 2, 2015.
2. Participation: Use of specific WSCA-NASPO cooperative contracts by agencies, political
subdivisions and other entities (including cooperatives) authorized by an individual state's
statutes to use state/entity contracts are subject to the prior approval of the respective State
Chief Procurement Official. Issues of interpretation and eligibility for participation are solely
within the authority of the State Chief Procurement Official.
3. Participating State/Entity Modifications or Additions to Master Agreement: (These
modifications or additions apply only to the actions and relationships within the Participating
Entity)
fi Web Item Assortment
As part of this Addendum, the Contractor may add the products not part of the Office
Depot catalog or the SP Richards Catalog,but set forth on www.officedepot.com on the
"Pricing Date" (the"Assortment"). Pricing for such items will be as follows:
On a date within the period commencing ten (10) days prior to the start of each
calendar quarter and ending ten(10) days after the start of the each calendar quarter
(the"Pricing Date'),the Contractor shall take a"snapshot"of the regular sales pricing
on www.officedepot.com (promotions excluded) for each item in the Assortment.
Pricing for the items in the Assortment shall be fixed for the calendar quarter at two
percent (21/6) off of the regular sales price (promotions excluded) set forth on
www.officedppot.com on the Pricing Date.
Notwithstanding anything contained herein to the contrary, price reductions do not
apply to gift cards and warranties, clearance items and promotional items, including,
but not limited to, Instant Savings, Coupon Savings, Mail-In Savings, and Bundled
Savings.
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EXECUTION� al Agenda
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b. Custom Pa_uer Pricing
1. Contractor shall have the right to lower pricing for those items within Product
Category 32,Including Copy Paper,and that are listed on Exhibit A attached hereto.
2. Prices for items specified on Exhibit A shall go into effect on the Participating
Addendum Effective Date and shall be a fixed price that is lower than the "List
Minus" pricing that is available to the Participating Entity under the terms of the
Participating Addendum (the "Adjusted Pricing'). The Adjusted Pricing will be
modified based upon market conditions and will remain in effect until such time as:
a. Contractor provides a minimum of thirty (30) days written notice
(email included) of any price changes-either up or down.
b. Such price changes are not in excess of the "List Minus" prices that
is available to the State under the Participating Addendum.
4. LeaseAgreements: "Reserved"
S. Pnmjry Contacts:The primary contact individuals for this Participating Addendum
are
as follows (or their named successors):
Contractor
Name Jim Chatfield
Address 6600 N. Military Trail,Boca Raton,FL 33496
Telephone 503-781-2970
Fax 603-781-2970
E-mailim.chatfield officede ot.com
Particigating ti
Name City of Fa etteville,Arkansas
Address 113 W Mountain Fayetteville,AR 72701
Telephone 479-576-8220
Fax 479-575-8257
E-mail 'ce a etteville-ar. ov
6. Subcontractors: All Office Depot, Inc. dealers and resellers authorized in the State
of Arkansas, as shown on the dedicated Office Depot, Inc. cooperative contract)
website, are approved to provide sales and service support to participants in the
WSCA-NASPO Master Price Agreement. The Office Depot,Inc. dealer's participation
will be in accordance with the terms and conditions set forth in the aforementioned
Master Agreement.
7. Orders: Any Order placed by a Participating Entity or Purchasing Entity for a Product
and/or Service available from this Master Agreement shall be deemed to be a sale under
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17,2015
EXECUTION Copy I Agenda
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(and governed by the prices and other terms and conditions)of the Master Agreement unless
the parties to the Order agree in writing that another contract or agreement applies to such
Order.
IN WITNESS WHEREOF,the parties have executed this Addendum as of the date of execution
by both parties below.
Participating State/Entity: Contractor:
City of Fa ettevMe,Arkansas Office Depot,Inc.`�/ c
By: By. ""l (.ci.Cl.�.
Q
Name: Name: Chris McEntee
Title: Title:Vice President
Date: Date:
office
Ew rtJowwo
For questions on executing a participating addendum,please contact: ISiN
WSCA-NASPO
Cooperative Development Coordinator Tim Ha
Telephone 503-428-5705
E-mail that'@wsca-naspo.org
Check the Box if participating State/Entity is an existing customer
purchasing from the OgiceMax platform
[please email fu11y executed PDF copy of this document to
PAGwaca.naspo.org to support documentation of participation
and posting in appropriate data bases]
November 17,2015
EXECUTION,,,mal Agenda
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MMIBIT A
Addendum
SKU Description UOM QPU Adjusted
Pricing
196679 PAPER,X-9 FSC,8.SX11,20LB,10CA CA 10 $ 39.99
275474 PAPER,COPY,XEROX,8.5X31,10/Cr Cr 10 $ 39.99
309418 PAPER,HAMM,GW100,COPY,CASE Cr 5000 $ 56.99
348037 PAPER,COPY,OD,CASE,10-REAM CA 10 $ 34.29
348045 PAPER,COPY,OD,CASE,LEGAL,SORM CA 10 $ 51.99
456529 PAPER,RECYCLED,50%,10/CA Cr 10 $ 47.99
495200 PAPER,COPY,8.5X31,3HP,3046R CA 10 $ 42.99
526415 PAPER,FSC,EARTHCHOICE,CASE CA 10 $ 45.99
680017 PAPER,LTR,20N,RECY,MULTI CA 10 $ 45.99
711021 PAPER,COPY,RECYCLED,3HP,8.SXi1 CA 10 $ 43.99
777432 PAPER,HP,20R,RECY,LTR,10/CA CA 10 $ 49.38
PAPER,BOISE
942363 ASPN,30%RCY,LGL WH CA 10 $ 58.88
125115 PAPER,SPLOX,LTR,2500SHT/CASE CA 2500 $ 19.99
222202 PAPER,30%REC,OD,CASE,S-REAM CA 5 $ 21.59
250983 PAPER,COPY,OD,8.SX31,5/CA,WHT CA 5 $ 20.99
536648 PAPER,COPY,OD,11X17,SCA,304BRT CA 5 $ 42.99
398140 PAPER,RECYCLED,92BRT,WE CA 30 $ 47.57
534217 PAPER,XERO,3HP,WE,8.SX11 CA 10 $ 44.99
273646 PAPER,COPY,WHITE TOP,10/CA CA 10 $ 34.29
940593 PAPER,MULTIPURP,OD,CASE CA 10 $ 37.54
November 17,2015
Final Agenda
City of Fayetteville, Arkansas 113 West MountaiFepBei6 of 288
Fayetteville,AR 72701
- - (479)575-8323
Text File
File Number: 2015-0511
Agenda Date: 11/17/2015 Version: 1 Status:Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number:A. 3
CONTECH ENGINEERED SOLUTIONS,LLC:
A RESOLUTION TO AWARD BID NO. 15-58 AND AUTHORIZE THE PURCHASE OF A
PREFABRICATED STEEL TRAIL BRIDGE FROM CONTECH ENGINEERED SOLUTIONS, LLC
IN THE AMOUNT OF $87,126.00 PLUS APPLICABLE TAXES FOR INSTALLATION ON THE
TOWN BRANCH TRAIL OVER TOWN BRANCH CREEK, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $19,124.16
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. 15-58 and
authorizes the purchase of a prefabricated steel trail bridge from Contech Engineered Solutions, LLC in
the amount of $87,126.00 plus applicable taxes for installation on the Town Branch Trail over Town
Branch Creek.
Section 2. That the City Council of the City of Fayetteville, Arkansas further approves a project
contingency in the amount of $19,124.16 in the event that the Federal Emergency Management Agency
requires an extension of the bridge length because of flood impact requirements.
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City of Fayetteville Staff Review Form
2015-0511
Legistar File ID
November 17th, 2014
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
/
Matt Mihalevich 9/19/2014 Engineering
Development Services Department
Submitted By Submitted Date Division/ Department
Action Recommendation:
Approval of the purchase of a prefabricated steel trail bridge from Contech Engineered Solutions, LLC in the amount
of$87,126.00 plus sales tax of$8,494.79 for a total purchase price of$95,620.79 and approval of a 20%
contingency in the amount of$19,124.16 using bid #15-58 for installation over the Town Branch Creek west of
South Garland Ave along the new Town Branch Trail extension.
Budget Impact:
4470.9470.5814.05 Trail Development/Sales Tax Capital Imp.
Account Number Fund
02016.1403 Town Branch Trail (Greathouse-Razorback)
Project Number Project Title
Budgeted Item? Yes Current Budget $ 442,154.45
Funds Obligated $ 273,315.79
Current Balance $ 168,838.66
Does item have a cost? Yes Item Cost $ 95,620.79
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ 73,217.87
V20140710
Previous Ordinance or Resolution#
Original Contract Number: Approval Date:
Comments:
November 17,2015
Final Agenda
CITY OF Page 18 of 288
Taye evl jq CITY COUNCIL AGENDA MEMO
ARKANS
MEETING OF NOVEMBER 17TH 2015
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Matt Mihalevich, Trails Coordinator
DATE: November 3rd, 2015
SUBJECT: 2015-0511 - Town Branch Trail Bridge Purchase
RECOMMENDATION:
Approval of the purchase of a prefabricated steel trail bridge from Contech Engineered
Solutions, LLC in the amount of$87,126.00 plus sales tax of$8,494.79 for a total purchase
price of$95,620.79 and approval of a 20% contingency in the amount of$19,124.16 using bid
#15-58 for installation over the Town Branch Creek west of South Garland Ave along the new
Town Branch Trail extension.
BACKGROUND:
The city in-house trail construction crew has been working on a 1.2 mile long extension of the
Town Branch Trail from Greathouse Park west to Hollywood Ave. Just west of South Garland
Avenue the trail must cross the Town Branch Creek. A bridge has been designed for this
location and competitively bid.
DISCUSSION:
The trail bridge will be 100 feet in length and constructed of maintenance free weathering steel
to match the other trail bridges throughout the city. In addition, the bridge will have a large
bowstring arch for enhanced aesthetic. A 20% contingency has been requested with this bridge
due to the very small chance that the bridge length will need to be extended to meet the
requirements of the flood impact determined by FEMA. If required, a change order will be
issued to lengthen the bridge utilizing the 20% contingency.
BUDGET/STAFF IMPACT:
Three bidders responded to the request for formal bids, Contech Engineered Solutions, LLC
was low bidder— see attached bid tabulation. Funding for the bridge purchase has been
budgeted through the Trail Development Capital Improvement Program. Half of the funding for
the Town Branch Trail is provided through a grant from the Walton Family Foundation.
Attachments:
Staff Review Form Bid Tabulation 15-58
Town Branch Trail Map Contech Engineered Solutions, LLC - Purchase Requisition
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
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> November 17,2015
a' ¢ Final Agenda
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ARKANSAS ' October 201
0 395790 1,580 2,370 3,160 3,950
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November 17,2015
Bid:15-58 Final Agenda
CITY
OF �� Page 20 of 288
1 lA 1'At.R eAY N S le 10,28,2015
/ 2:00 PM
City of Fayetteville
AS
Bid 15-58, Town Branch Trail
BIDDER
DESCRIPTION QTY - Contech Engineered Solutions
AR Thurson inc Big R,Manufacturiog,LLC/
dba:Big R,BFidge�` LLC .
100 foot simple span bowstring arch truss
with underhung floor beam bridge and 45 $ 102,800.00 $ 102,634.00 $ 87,126.00
degree skewed ends 1
Anderson-Art Thureson Inr1Bow
Mfg/Model Bid truss Big R Bridge/Underhung Contech/Continental Keystone
`NOTICE:Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CERTIFIED:
P.Vice,Purchasing Manager Tess Date
equisition o.: ate: ovem er 5
City of Fayetteville - Purchase Order Request (PO) 10I30I20 Final Agen a
(Nola Purchase Order) P.O Number: 8
All PO Requests shall be scanned to the Purchasing e-mail:Purchasing@fayetteville-ar.gov.
Purchase shall not be made until an actual PO has been issued.
Vendor Vendor Mail Legistar#:
#: 22613 Name: Contech Engineered Solutions,LLC I, Yes F No
FOB Point: Taxable 2015-0511
Address: P Yes r- No Expected Delivery Date:
Zip Code: Ship to code: Quotes Attached
City: State: 104 F Yes F- No
Requester: Matt Mihalevich/grg Requester's Employee#: Extension:
3062 3489
Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project.Sub# Inventory# Fixed Asset#
1 Town Branch Trail Bridge 1 LOT 87,126.00 $87,126.00 4470.9470.5814.05 02016.1403
2 $0.00
3 $0.00
4 $0.00
5 $0.00
6 $0.00
7 $0.00
8 $0.00
9 $0.00
10 $0.00
Shipping/Handling Lot $0.00
Special Instructions:
Per Bid 15-58 and Res No Subtotal: $87,126.00
Tax: $8,494.79
Total: $95,620.79
Approvals:
Mayor: Department Director: Purchasing Manager:
Chief Financial Officer: Budget Director: IT Director:
Dispatch Manager: Utilities Manager: Other:
Revised 6/18/2014
5
Final Agen a
CITY OF City of Fayetteville, ArFkaa2a9f 2 a
Purchasing Division—Room 306
Tae evl e 113 W Mountain
Fayetteville, AR 7270101
Phone: 479.575.8220
ARKANSAS TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID: Bid 15-58, Town Branch Trail Bridge
DEADLINE: Wednesday, October 28, 2015 before 2:00 PM, Local Time
DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Andrea Foren Rennie, CPPD, CPPB, aforen CoDfavetteviIle-ar.sov
DATE OF ISSUE AND ADVERTISEMENT: Friday, October 09, 2015
INVITATION TO BID
Bid 15-58 Town Branch Trail Bridge
No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled with the name and address of
the bidder.
All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents
attached hereto. Each bidder is required to fill in every blank and shall supply all information requested;failure
to do so may be used as basis of rejection.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms
stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are
made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the
Proposer/Bidder and City Purchasing Manager.
Name of Firm: Ovro-I e E���� s2+CD Sr��ynO4 7 L�C:
Contact Person: "IK-� -SArreieI�iQ— Title: S�^r�,� ZOs
E-Mail: Phone: 5bf 6Z I3s�
Business Address: )O100 VIP
City: L _ o ` "
State: 4g Zip: 7k/i a
Signature: -
Date: bo 2� 26 1-,%-
City of Fayetteville,AR
Bid 15-58,Town Branch Trail Bridge
Page 1 of 19
Final Agen
City of Fayetteville Page 23 of 2
E 3
Bid 15-58,Town Branch Trail Bridge
Bid Form
Item DESCRIPTION Estimated PRICE PER UNIT TOTAL
# Quantity
100 foot simple span bowstring arch truss W CIO
1 with underhung floor beam bridge and 45 1 x $ $y IZIo $ g7i fZlo
degree skewed ends
Manufacturer: ConlYCri �+J61rJ?Et���udsia�vlodel: n.ir
Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature
on the products being bid. The City intends on awarding this bid to a single vendor.
BID FORM CONTINUES ON NEXT PAGE
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Page 24 of 28
EXECUTION OF BID-
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment.If specifications of item bid
differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production
option.
Upon signing this Bid,the bidder certifies that:
1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms,
standard conditions,and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as
specified by The City of Fayetteville.
3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support
as specified herein.
4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the
information provided herein is accurate and true.
5. Bidder shall comply with all State and Federal Equal Opportunity and Non-Discrimination requirements and
conditions of employment in addition to all federal,state, and local laws.
6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville,including, but not limited to, any
relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists
between any principal or employee of your firm and any City of Fayetteville employee or elected City of
Fayetteville official. If no relationship exists,this should also be stated in your response. Failure to disclose such a
relationship may result in cancellation of a purchase and/or contract as a result of your response.
_X 1.) NO KNOWN RELATIONSHIP EXISTS
2.)RELATIONSHIP EXISTS(Please explain):
7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational
Safety and Health Administration (OSHA) Part 1926—Subpart P—Excavations.
8. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you
are in compliance with the below Federal Executive Order. Certification can be done by completing and signing
this form.
a. Federal Executive Order(E.O.) 12549 "Debarment and Suspension"requires that all contractors receiving
individual awards, using federal funds, and all sub-recipients certify that the organization and its
principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency from doing business with the Federal Government.
b. Your signature below certifies that neither you nor your principal is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
City of Fayetteville,AR
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t-mal Agencl;
Page 25 of 28
Unsigned bids will be rejected. Items marked *are mandatory for consideration.
*NAME OF FIRM: Co,✓rEeq LIC
Purchase Order/Payments shall be issued to this name
*D/B/A or Corporation Name SAME
*BUSINESS ADDRESS: C)a15 CEmTrzE Pot4re- -PoivE' Sv 4-oo
*CITY: WEST c14e4rE2 *STATE: pH *ZIP: 450e9- 4987
*PHONE: 5i3 • &`(''G• lova FAX: 513.445'.7993 ('Sol. 758. 1997
*E-MAIL: MSaf1r,^j7'e%/� w4lec/+PS. Corv�
*BY: (PRINTED NAME) KI KIE� :5A77 2F/ELD
*AUTHORIZED SIGNATURE: s �
*TITLE: SE&J1txc SALES FJ4&rP4eef4
*DUNS NUMBER: ('5•- 7Zq -- 444o CAGE NUMBER:
*TAX ID NUMBER: 5-1- 1445(o5fo
Acknowledge Addendums:
Addendum No. Dated: Acknowledged by:
Addendum No. Dated: Acknowledged by:
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Final Agend
City of Fayetteville Page 26 of 28
Bid 15-58,Town Branch Trail Bridge
General Terms and Conditions
1. SUBMISSION OF BID&BID EVALUATION:
a. Bids shall be reviewed following the stated deadline,as shown on the cover sheet of this document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division.
c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville,Purchasing
Division, Room 306, 113 W. Mountain, Fayetteville,AR 72701. The name,address of the firm and Bid,
RFP,or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in
shipping containers or boxes.
d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at
479.575.8220 to ensure correct receipt of bidding documents E!QE to opening time and date listed on
the bid form.
e. Bidders must have experience in providing products and/or services of the same or similar nature.
f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its
response to the bid. Failure to do so may lead the City to declare any such term non-negotiable.
Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for
award.
g. Local time is defined as the time in Fayetteville,Arkansas on the due date of the deadline. Bids shall be
received before the time as shown by the atomic clock located in the Purchasing Division Office.
h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City
reserves the right to award bids in their entirety, none,or by line item.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing
via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would
provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents.
The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior
to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
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 acceptor reject any or all bids.
c. The City of Fayetteville reserves the right to cancel the entire bid.
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5
Final Agen
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial erroP!?4h W 2
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.
S. COSTS INCURRED BY BIDDERS:
All expenses involved with the preparation and submission of bids to the City, or any work performed in connection
therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any
other effort required of,or made by,the bidder(s)prior to contract commencement.
6. CONFLICT OF INTEREST:
a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance or services required hereunder, as provided in
City of Fayetteville Code Section 34.26 titled"Authority of City Employee to Contract With The City".
b. All bidders shall promptly notify Andrea Foren Rennie, City Purchasing Agent, in writing, of all potential
conflicts of interest for any prospective business association, interest, or other circumstance which may
influence or appear to influence the bidder's judgment or quality of services being provided. Such written
notification shall identify the prospective business association, interest or circumstance,the nature of which
the bidder may undertake and request an opinion to the City as to whether the association, interest or
circumstance would,in the opinion of the City, constitute a conflict of interest if entered into by the bidder.
The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of
receipt of notification.
7. WITHDRAWL OF PROPOSAL:
A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized
representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by
the Purchasing Division.
8. LATE PROPOSAL OR MODIFICATIONS:
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing
received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should
call the Purchasing Division at(479) 575-8220 to insure receipt of their submittal documents prior to opening time
and date listed.
9. LOCAL,STATE,AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with
all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent
contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business
Enterprises(DBE),&OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small,
minority and women business enterprises to bid on and receive contracts for goods, services, and
construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of
their contract to qualified small, minority and women business enterprises.
10. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies,
departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms
and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall
mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local
district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which
City of Fayetteville,AR
Bid 15-58,Town Branch Trail Bridge
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November 17 2015
Final Agen
may desire to purchase under the terms and conditions of the contract. Page 28 of 2
8 3
11. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or
her bid is made without previous understanding, agreement, or connection with any person, firm or corporation
making a proposal for the same item(s) and/or services and is in all respects fair,without outside control, collusion,
fraud,or otherwise illegal action."
12. RIGHT TO AUDIT,FOIA,AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to
purchases between the City and said vendor.
b. Freedom of Information Act: City contracts and documents prepared while performing City contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request
is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the
documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act
(A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be
assessed for this compliance.
c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law
applying to the case.
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss,
damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed
trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part
thereof covered by this order,and such obligation shall survive acceptance of the 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 proceedinglevent, 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 received. The City of
Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments
can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment
processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the
bidder even if the hourly work actually performed by the bidder would not justify such fee.
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Page 29 of 28
The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made
after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted
invoice.
18. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty(30)days prior notice to
the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to
fulfill or abide by any of the terms or conditions specified.
b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a
material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
c. In addition to all other legal remedies available to the City of Fayetteville,the City reserves the right to
cancel and obtain from another source,any items and/or services which have not been delivered within
the period of time from the date of order as determined by the City of Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period,the City shall notify the
vendor of such occurrence and contract shall terminate of the last day of the current fiscal period
without penalty or expense to the City
19. ASSIGNMENT,SUBCONTRACTING,CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without
prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder
shall disclose such intent in the bid submitted as a result of this bid.
b. In the event of a corporate acquisition and/or merger,the Contractor shall provide written notice to the
City within thirty(30)calendar days of Contractor's notice of such action or upon the occurrence of said
action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably
exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition
and/or merger represent a conflict of interest or are contrary to any local,state,or federal laws. Action
by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its
response to the bid,without exception shall constitute approval for purpose of this Agreement.
20. NON-EXCLUSIVE CONTRACT:
Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may
develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to
concurrently contract with other companies for similar work if it deems such an action to be in the City's best
interest. In the case of multiple-term contracts,this provision shall apply separately to each item.
21. LOBBYING:
Lobbying of selection committee members,City of Fayetteville employees, or elected officials regarding request for
proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the
bidder/proposer/protestor or any member of the bidder's/proposers/protestors staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an
organization that is responding to the request for proposal, request for qualification, bid or contract, or has a
pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of
Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of
Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the
Purchasing Division to address situations such as clarification and/or questions related to the procurement process.
For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to
influence action or non-action in connection with any request for proposal, request for qualification, bid or contract
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through director indirect oral or written communication or an attempt to obtain goodwill of persons andlopeaRltli1 2e
specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or
contract to be rejected.
22. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this bid from the bidder. When approved by the
City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such
additional requirements as may become necessary.
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually,
at the City's sole option, at any time after award has been made as may be deemed necessary or in the best
interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in
accordance with the terms,conditions,and specifications.
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. OTHER GENERAL CONDITIONS:
a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances,and regulations which in any
manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way
affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of
misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions
of the contract. No representations shall be binding unless embodied in the contract.
b. Prices shall include all labor, materials,overhead, profit, insurance, shipping,freight, etc.,to cover the products
and services presented. Sales tax is not to 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.
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 Andrea Foren Rennie immediately via telephone
(479.575.8220) or e-mail ( aforen0fayetteville-ar.eov ). It is the intent and goal of the City of Fayetteville
City of Fayetteville,AR
Bid 15-58,Town Branch Trail Bridge
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