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HomeMy WebLinkAbout83-09 RESOLUTIONRESOLUTION NO. 83-09 A RESOLUTION TO APPROVE A CONTRACT WITH INTERNATIONAL EQUIPMENT DISTRIBUTORS, INC. IN THE AMOUNT OF $439,500.00 PLUS A $7,500.00 CONTINGENCY FOR DISPOSAL OF MULCH FROM THE ICE STORM CLEAN-UP AND TO APPROVE A BUDGET ADJUSTMENT OF $447,000.00 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 the agreement with International Equipment Distributors, Inc. attached hereto in the amount of $439,500.00, plus a contingency of $7,500.00 for loading, hauling and properly disposing of the mulch from the January ice storm. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in the amount of $447,000.00 to pay for the contract. PASSED and APPROVED this 16th day of April, 2009. APPROVED: By: ATTEST: By: LIO ELD JO AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 0 SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND IED, INC. THIS AGREEMENT is dated as of the / 1 day of *rt( / , in the year 2009 by and between the CITY OF FAYETTEVILLE and IED, INC. 1. The IED, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: STORM DEBRIS MULCH DISPOSAL 2. The IED, INC. shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. The IED, INC. shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO PROCEED and completed and ready for final payment within 90 calendar days. The IED, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $2000 for each calendar day thereafter that the WORK is not complete. 4. The IED, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the PROPOSAL. 5. The term CONTRACT DOCUMENTS shall mean and include the following: 5.1 Invitation to Bid 5.2 Information for Bidders 5.3 Supplemental Information for Bidders 5.4 Proposal 5.5 Bid Bond 5.6 Agreement Between City of Fayetteville and IED, INC. 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual for Storm Debris Services 5.13 Change Orders 6. The CITY OF FAYETTEVILLE shall pay the IED, INC. in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 00500.doc 1 Temporary Mulch Grinding Site: 8.1 The coordinates of the proposed temporary mulch grinding site are approximately: 619272.37 N 674230.28 E 8.2 The approval of the temporary mulch grinding site shall be contingent upon the following: (a) The property owner shall request rezoning of the property from R -A to I-2 by 4:30 p.m. on Tuesday, April 21, 2009. (b) The City Council rezoning of the property from R -A to I-2 during the April 21, 2009 meeting. (c) The property owner's written assurance to the City of Fayetteville by 4:30 p.m. on Tuesday, April 21, 2009 that the property owner will request a rezoning from I-2 to R -A for this property no later than 120 days after the Notice to Proceed date. 8.3 Contractor shall obtain a stormwater permit from ADEQ for the site. 9. Contract Price. Total Base Price: Four hundred thirty nine thousand and five hundred dollars $ 439,500.00 Amount in Words 10. MISCELLANEOUS Figures 10.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically 00500.doc 2 Item Item Description Est. Oty Unit Unit Extended Amt Price 1 Loading, Hauling, and Disposal of"Single Grind" Mulch 150,000 cy $2.93 $439,500.00 Total Base Price: Four hundred thirty nine thousand and five hundred dollars $ 439,500.00 Amount in Words 10. MISCELLANEOUS Figures 10.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically 00500.doc 2 stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3. City of Fayetteville and IED, INC. each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 10.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 10.5. 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 City Council in advance of the change in scope, cost or fees. 10.6. 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, IED, INC. 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. 10.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and IED, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and two counterparts have been delivered to IED, INC.. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and IED, INC. or identified by Engineer on their behalf. OWNER CITY OF FAYETTEVILLE tAc.noiY 6,6e. • cV' • E ; Address for giving notices: 113 W. Mountain Fayetteville, AR 72701 Address for giving notices: License No. Agent for service of process: (If IED, INC. is a corporation, attach evidence of authority to sign.) END OF SECTION 00500 00500.doc 4 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Department Division: Program: Citywide Citywide Ice Storm 2009 - FEMA Date Requested Adjustment Number Project or Item Added/Increased: $447,000 is requested in the Contract Services Account. Project or Item Deleted/Reduced: $335,250 is requested from the Federal Grants - Operational account, $55,875 is requested from the State Grants - Operational account, and $55,875 is requested from the Use of Fund Balance account. Justification of this Increase: An ice storm began on January 26, 2009 and continued for several days. The area was declared a national disaster by the President of the United States and the Governor of Arkansas. Justification of this Decrease: Since the area was declared a national disaster, reimbursement from FEMA (75%), Arkansas Department of Emergency Management (12.5%) and use of fund balance (12.5%) in the City's Replacement & Disaster Recovery Fund will be available. Account Name Contract Services Account Name State Grants - Operational Federal Grants - Operational Use of Fund Balance Increase Budget Account Number 4270 9280 Amount 5315 00 447,000 Decrease Budget Account Number 4270 4270 4270 0927 4302 0927 4309 0927 4999 01 01 99 Project Number 09010 0906 Amount Project Number 55,875 09010 0906 335,250 09010 0906 55,875 09010 0906 Division Head Bui3get Director ` Departm t i rector Jew ok Finance Director Ch' • of Staff ayor Date D to Date 4. -a009 Date Date ate Budget & Research Use Only Type: A B C Requested By General Ledger Date Posted to General Ledger Posted to Project Accounting V.090403 E Initial Date Initial Date David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/16/2009 City Council Meeting Date Agenda Items Only Administration Division Action Required. `f I VoG 63 -6%j rnai'ona/ wpm tifslfj6a+)rs, Inc. Administration Department Approval of a contract with International Equipment Distributors, Inc. for $439,500.00, for disposal of mulch resulting from storm cleanup, through a beneficial reuse method, RFP 09-10, and approve a contingency of $7,500 and approve a budget adjustment. 447,000 Cost of this request 4270 9280 5315 00 Account Number 09010-0906 • Project Number 4,000,000 Category / Project Budget ICE FEMA (2009 Ice Storm Reimb) Program Category / Project Name 3,400,316 Ice Storm 2009 - FEMA Funds Used to Date Program / Project Category Name $ 599,684 Remaining Balance Budgeted Item Budget Adjustment Attached lbs' Date Depart t Direcfr uu jathl City Atto ey Date 4-I6•7pe9 Finance and Internal Services Director Date XX Replacement 8 Disaster Rec Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 YeMle ARKANSAS CITY COUNCIL AGENDA MEMO City Council Meeting of 16 April 2009 To: Fayetteville City Council Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: David Jurgens, Utilities Director Date: 9 April 2009 Imso Subject: Approval of a contract with Intern' tional Equipment Distributors, Inc. for $439,500.00, for disposal of mulch resulting from storm cleanup, through a beneficial reuse method, RFP 09-10, and approve a contingency of $7,500 and approve a budget adjustment RECOMMENDATION City Administration recommend approval of a contract with Intemational Equipment Distributors, Inc. for $439,500.00, for disposal of mulch resulting from storm cleanup, through a beneficial reuse method, RFP 09-10, and approve a contingency of $7,500 and approve a budget adjustment. BACKGROUND This contract provides for services including but not limited to loading, hauling and disposal through a beneficial reuse method, approximately 150,000 cubic yards of mulch resulting from storm cleanup. The mulch is currently located at three temporary disposal sites, listed in priority: • Noland Wastewater Treatment Plant, 1400 North Fox Hunter Road, Fayetteville, AR, 72701 • West Side Wastewater Treatment Plant, 5 South 54th Avenue, Fayetteville, AR, 72701 • Water and Sewer Operations Center, 2435 South Industrial Drive, Fayetteville, AR, 72701 Per the City's ADEQ permit the City's debris disposal sites must be closed and restored by May 27, 2009. Thus, all mulch is required to be removed no later than May 20, 2009 DISCUSSION The City received 3 proposals on April 15, 2009 for this project; the bid tab is attached. The removal will be begin within 72 hours from issuance of the Notice to Proceed, with all debris disposal activities conc Contractor Proposal International Equipment Distributors $439,500 J. B. Hunt $544,500 DRC Emergency Services $771,000 The selection criteria were: 1) Qualifications in relation to scope of work = 20% 2) Experience, competence and capacity for performance = 15% 3) Proposed final disposition method = 30% 4) Past performance = 15% 5) Price = 20% The committee evaluated proposers on April 16. Based on the above criteria, the Committee selected International Equipment Distributors to perform the services. BUDGET IMPACT This project is eligible for the same FEMA reimbursement as the other debris removal projects. M ulchRemovaCCMemo9Apro9 RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT WITH INTERNATIONAL EQUIPMENT DISTRIBUTORS, INC. IN THE AMOUNT OF $439,500.00 PLUS A $7,500.00 CONTINGENCY FOR DISPOSAL OF MULCH FROM THE ICE STORM CLEAN-UP AND TO APPROVE A BUDGET ADJUSTMENT OF $447,000.00 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 the agreement with International Equipment Distributors, Inc. attached hereto in the amount of $439,500.00, plus a contingency of $7,500.00 for loading, hauling and properly disposing of the mulch from the January ice storm. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in the amount of $447,000.00 to pay for the contract. PASSED and APPROVED this 16th day of April, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E SMITH, City Clerk/Treasurer Judging Criteria (20) Financial savings Payback period of capital expenses Energy and utility savings Avoided or reduced maintenance Increased reliance on cheap and clean energy sources (20) Energy Savings Calculated in kWh equiv and MMBtu equiv (20) Environmental Impacts Greenhouse gas emissions reductions Hazards, toxicity, and waste Impacts on air quality Impacts on water Impacts on biodiversity (15) Social and community sustainability Allocates costs and benefits fairly to faculty, staff, and students Promotes and develops improved town -gown relations Improves the quality of life on campus and health of campus users (15) Marketable/acceptable To students To deans, directors, and building execs To the UA Board of Trustees To banks and other sources of finance To local, regional and state politicians (5) Comprehensive Addresses building energy, transportation energy, water conservation, waste management, land stewardship, and social sustainability (5) Practical Major components can be implemented within a year SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND IED, INC. THIS AGREEMENT is dated as of the day of rn the year 2009 by and between the CITY OF FAYETTEVILLE and IED, INC. 1. The IED, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: STORM DEBRIS MULCH DISPOSAL 2. The IED, INC. shall famish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. The IED, INC. shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO PROCEED and completed and ready for final payment within 90 calendar days. The IED, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $2000 for each calendar day thereafter that the WORK is not complete. The IED, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the PROPOSAL. The term CONTRACT DOCUMENTS shall mean and include the following: 5.1 Invitation to Bid 5.2 Information for Bidders 5.3 Supplemental Information for Bidders 5.4 Proposal 5.5 Bid Bond 5.6 Agreement Between City of Fayetteville and IED, INC. 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual for Storm Debris Services 5.13 Change Orders 6. The CITY OF FAYETTEVILLE shall pay the IED, INC. in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns 00500.doc 1 8. Temporary Mulch Grinding Site: 8.1 The coordinates of the proposed temporary mulch grinding site are approximately: 619272.37 N 674230.28 E 8.2 The approval of the temporary mulch grinding site shall be contingent upon the following: (a) The property owner shall request rezoning of the property from R -A to I-2 by 4:30 p.m. on Tuesday, April 21, 2009. (b) The City Council rezoning of the property from R -A to I-2 during the April 21, 2009 meeting. (c) The property owner's written assurance to the City of Fayetteville by 4:30 p.m. on Tuesday, April 21, 2009 that the property owner will request a rezoning from 1-2 to R -A for this property no later than 120 days after the Notice to Proceed date. 8.3 Contractor shall obtain a stormwater permit from ADEQ for the site. 9. Contract Price Item Item Description Est. Qty Unit Unit - Extended Amt Price 1 Loading, Hauling, and Disposal of"Single Grind" Mulch 150,000 cy $2.93 $439,500.00 Total Base Price: Four hundred thirty nine thousand and five hundred dollars $ 439,500.00 Amount in Words 10. MISCELLANEOUS Figures 10.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the wntten consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically 00500.doc 2 stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3. City of Fayetteville and IED, INC. each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 10.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 10.5. 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 City Council in advance of the change in scope, cost or fees. 10.6. 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, IED, INC. 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. 10.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and IED, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and two counterparts have been delivered to IED, INC.. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and IED, INC. or identified by Engineer on their behalf. OWNER IED, INC. CITY OF FAYETTEVILLE BY Mayor Lioneld Jordan [CORPORATE SEAL] ATTEST 00500.doc BY [CORPORATE SEAL] ATTEST 3 Address for giving notices: 113 W. Mountain Fayetteville, AR 72701 Address for giving notices: License No. Agent for service of process: (If IED, INC. is a corporation, attach evidence of authority to. sign.) END OF SECTION 00500 00500.d« 4 PROJECT MANUAL RFP 09-10, STORM DEBRIS MULCH DISPOSAL FAYETTEVILLE, ARKANSAS PROJECT NUMBER 09010.0906 7 APRIL, 2009 00001.doc 1 SECTION TABLE OF CONTENTS TITLE NO. OF PAGES 00001 Title Pages 2 00010 Table of Contents 2 00020 Request for Proposal 2 00100 Information for Proposers 8 00212 Supplemental Information for Proposers 12 00300 Statement of Disclosure 4 00301 Debarment, Suspension, and Other Responsibility Matters 4 00305 Primary Contacts 4 00310 Proposal 4 00311 Proposer's Statement of Subcontractors 2 00312 Bid Bond 2 00420 Statement of Proposer's Qualifications 2 00500 Agreement Between City of Fayetteville and Contractor 4 00600 Arkansas Statutory Performance and Payment Bond 2 00640 Warranty Bond 2 00700 General Conditions 24 00830 Prevailing Wage Rates — Davis Bacon 6 00840 Notice of Award - Sample 2 00845 Notice to Proceed -Sample 2 00900 Description of Unit Price Schedule Items 2 Appendix A — Example Daily Haul Records 4 Appendix B — Example Load Ticket 2 Appendix C — Example Truck Placard 2 000I0.doc SECTION 00020 NOTICE OF REQUEST FOR PROPOSAL City of Fayetteville, Arkansas RFP 09-10, STORM DEBRIS MULCH DISPOSAL The City of Fayetteville, Arkansas, invites qualified firms to submit proposals for services including but not limited to Loading, Hauling, and Disposal of "Single Grind" Mulch. To be considered, proposals must be received at the City Administration Building, City Hall, Purchasing — Room 306, 113 West Mountain, Fayetteville, Arkansas before Wednesday, April 15, 2009 at 11:00 AM, Central Standard Time. At this time, the names of all proposers shall be read aloud, however no other information will be provided. No late proposals shall be accepted or opened. Proposal forms must be downloaded from the City's web site at http://www.accessfayetteville.org. All questions regarding the RFP process should be directed to Andrea Foren at aforenRci fayetteville.ar.us or (479)575-8220. Proposers shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Bid security in the form of a certified or bank cashier's check drawn from a bank located within the State of Arkansas or a Bid Bond in the amount of 5% of Proposal Amount of contract shall accompany each Proposal in accordance with the Instructions to Proposers. A 100% performance and payment bond is required after contract award. Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and women business enterprises to propose and receive contracts for goods, services, and. construction. Also, City of Fayetteville encourages all prospective proposers to subcontract portions of their contract to qualified small, minority, and women business enterprises. 00020.doc 1 The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. By: Andrea Foren, CPPB Title: Purchasing Agent END OF SECTION 00020 00020.doc 2 SECTION 00100 INFORMATION FOR PROPOSERS 1.) All proposers shall provide copies of references, licenses, proof of adequate insurance, and bonding. 2.) All proposers shall be in compliance with all Federal, State, and Local requirements and regulations. 3.) Should multiple mulch disposal alternatives be included with this proposal, each shall be described on separate Proposal Documents (Section 00310). 4.) Basic Scope of Work. a) This invitation covers the requirements for loading, hauling and disposal through a beneficial reuse method, of "Single Grind" mulch resulting from storm cleanup as described hereunder (Services). b) The Services consist of approximately 150,000 cubic yards of "single grind" mulch. The quantity of mulch referenced is strictly a "best guess" estimate and actual quantities may vary. Proposals for partial volumes of no less than 50,000 cubic yards will be considered. c) The mulch is currently located at the three (3) locations listed hereunder: (1) Noland Wastewater Treatment Plant, 1400 North Fox Hunter Road, Fayetteville, AR, 72701 (2) West Side Wastewater Treatment Plant, 5 South 54th Avenue, Fayetteville, AR, 72701 (3) Water and Sewer Operations Center, 2435 South Industrial Drive, Fayetteville, AR, 72701 5.) Upon award, the Contractor shall: a) Load, haul and dispose of all "single grind" mulch to an energy producing facility, recycling facility, or any other beneficial reuse method(s) of disposal recognized and approved by the City of Fayetteville. b) Provide to the City documented evidence of the final disposition and/or disposal of all mulch. c) Begin Services within three (3) days after award and complete the Work no later than May 20, 2009. 00100.doc 1 d) Possess and maintain all local, state and federal licenses and certifications applicable to the Services described herein. 6.) Awarded contractor shall use load ticket requirements to record with specificity (e.g., street address) where mulch is picked up and the amount picked up, hauled, and disposed of. Awarded contractor shall provide all documentation and information on load tickets as provided by Solid Resources, Inc. 7.) All payment provisions in proposal form and invoicing shall be based on unit prices, on a per cubic yard basis. 8.) No payments or bids may be based on time and material costs. 9.) Awarded contractor shall submit invoices regularly and for no more than thirty (30) day periods. Invoices shall be submitted for each calendar month and shall be submitted no later than the 10th of the following month. 10.) Contract(s) resulting from this bidding document may be terminated for convenience at any time for any reason. 11.) The undersigned proposer agrees that twenty percent (20%) of the work will be required to be performed with his own forces unless a variance is requested and granted from the City of Fayetteville. 12.) Awarded contractor shall use mechanical equipment to load mulch into the trucks and trailers. 13.) Awarded contractor shall provide a safe working environment. 14.) All contract amendments and modifications shall be made in writing and properly approved by the City of Fayetteville Mayor and City Council. 15.) Awarded contractor shall obtain adequate payment and performance bonds and insurance coverage as described in this document. 16.) A 5% bid bond shall be submitted with all proposals. Bid bond percentage shall be figured on total amount of work proposed. After contract award, contractor shall provide the following: a. Adequate Certificate of Insurance, listing the City of Fayetteville as an additional insured b. 100% performance and payment bond based on awarded contract dollar amount from the City of Fayetteville. c. A safety action plan covering all aspects of the contractor's operations ooioo.doc 2