HomeMy WebLinkAbout172-10 RESOLUTIONRESOLUTION NO. 172-10
A RESOLUTION AWARDING BID #10-50 AND AUTHORIZING A
CONTRACT WITH SIVAD, INC. IN THE AMOUNT OF $95,714.00 FOR
EDUCATIONAL EQUIPMENT AND LEARNING SYSTEMS RELATED TO
WEATHERIZATION, ENERGY EFFICIENCY AND OTHER GREEN
INITIATIVES
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
#10-50 and authorizes a contract with Sivad, Inc. in the amount of $95,714.00 for educational
equipment and learning systems related to weatherization, energy efficiency and other green
initiatives.
PASSED and APPROVED this 5th day of October, 2010.
APPROVED:
ATTEST:
N LD JO Ma or SONDRA
y , y SMITH, City Clerk/Treasurer
Karen Minkel
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
bras. (0-5- j0
City Council Meeting Date
Agenda Items Only
Division
Action Required:
Strategic Planning
Department
A resolution awarding Bid 10-50, Educational Equipment and Learning Systems, to Sivad, Inc. in the amount of
$95,714.
95,714.00
Cost of this request
2230.8001.5801.00
Account Number
10025.2010
Project Number
Budgeted Item
X
100,000.00
Category / Project Budget
GIF/NWACC training equipment
Program Category / Project Name
71.25 Strategic Planning
Funds Used to Date Program / Project Category Name
99,928.75 General Fund
Remaining Balance Fund Name
Budget Adjustment Attached
7 /0
e
part Director Date
dA,Ir
y Attorney
Finance and Internal Services Director
Date
Date
Previous Ordinance or Resolution # RES 10-10
Original Contract Date:
Original Contract Number:
3-FY10-GIF
Received in City09-17-10P03:00 RCVD
Clerk's Office
Comments:
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
To: City Council
Thru: Don Marr, Chief of Staff
From: Karen Minkel, Strategic Planning and Internal Consulting Director "lot%
Date: September 1, 2010
Subject: A resolution awarding Bid 10-50, Educational Equipment and Learning Systems, to Sivad, Inc. in the
amount of $95,714.
PROPOSAL:
The City of Fayetteville, in partnership with NorthWest Arkansas Community College's (NWACC) Center of
Excellence, received an award of $100,000 from the Arkansas Economic Development Commission to purchase
state of the art equipment to support training in weatherization, energy efficiency, and other green initiatives to
promote economic development in these areas. These equipment purchases will assist the Center of Excellence
for Energy Efficiency in initiating training opportunities in both Washington and Benton Counties.
The City Council approved the application for these funds on January 19, 2010. Sivad, Inc. submitted the only
bid proposal in response to the equipment request. Two items in the purchase require additional explanation.
The Air Conditioning/Heat Pump Troubleshooting Learning System was not included in the initial bid.
NWACC secured three quotes for this additional item, and the best quote was provided by Sivad, Inc. The
Electric Motor Control Learning System was included in the bid as part of a larger system at $22,308. The
Center of Excellence only needed one part of this system, which only costs $9,749. A detailed breakdown of the
parts was provided by Sivad, Inc. and included in this packet.
RECOMMENDATION:
Staff recommends awarding Bid 10-50, Educational Equipment and Learning Systems, to Sivad, Inc. in the
amount of $95,714.
BUDGET IMPACT:
This bid amount will spend most of the $100,000 grant the City received from the Arkansas Economic
Development Commission.
RESOLUTION NO.
A RESOLUTION AWARDING BID #10-50 AND AUTHORIZING A
CONTRACT WITH SIVAD, INC. IN THE AMOUNT OF $95,714.00 FOR
EDUCATIONAL EQUIPMENT AND LEARNING SYSTEMS RELATED TO
WEATHERIZATION, ENERGY EFFICIENCY AND OTHER GREEN
INITIATIVES
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
#10-50 and authorizes a contract with Sivad, Inc. in the amount of $95,714.00 for educational
equipment and learning systems related to weatherization, energy efficiency and other green
initiatives.
PASSED and APPROVED this 5th day of October, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
ave
•City of Fayetteville, Arkansas
ev1le
Purchasing Division — Room 306
113 W. Mountain
Fayetteville, AR 72701
ARKANSAS Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID
INVITATION TO BID: Bid 10-50, Educational Equipment & Learning Systems
DEADLINE: Friday, August 27, 2010 at 2:00 PM, Local Time
DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Andrea Foren, CPPB, aforenna.ci.fayetteville.ar.us, 479.575.8220
DATE OF ISSUE AND ADVERTISEMENT: Friday, August 13, 2010
INVITATION TO BID
BID 10-50, EDUCATIONAL EQUIPMENT & LEARNING SYSTEMS
No late bids shall be accepted. Bid's shall be submitted in sealed envelopes labeled "Bid 10-50, Educational
Equipment and Learning Systems" with the name and address of the bidder.
All Proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid
documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information
requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification
will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies.
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: Ua af .1" c.
Contact Person: R. IL - -i Ca,+^r Title: At 54 I. s PnotA s c.,
E-Mail: rc...a.rr ).114 1'4c . Gdr+1 Phone: SoI - S - v3-6 3
Business Address: J.2.34, G4.,1{•sX owc dr.
City: lic)Soo , State: A /2 Zip: 7/9',
Signature: 41 Date: 8) Z 3/ /0
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Learning Systems
Page 1 of 35
City of Fayetteville
Bid 10-50, Educational Equipment & Learning Systems
SECTION C: Bid Form — REVISED PER ADDENDUM 1
*GUARANTEED DELIVERY DATE: o Dal ca a ,r -i •-•
ITEM: DESCRIPTION:
1. T7017 AC/DC Electrical Learning System 1
*MANUFACTURER:
QUANTITY: *PRICE EACH:
2. 85-MT5 Electric Motor Control Learning
System
*MANUFACTURER: ,4N.0. /
1
2b. Amatrol Model 613-43 Pony Brake
1
*MANUFACTURER: ,41sa+ e /
3. The House of Pressure
*MANUFACTURER:
1
4. Fluke TiR32 Building Diagnostics
Thermal Imager
*MANUFACTURER: h
1
5. 94 -TS -1 Thermal Systems�t1
*MANUFACTURER: ,t"4. /-ted/
$ S33Zao
MODEL: 776/ 7
*TOTAL PRICE
$ S33 7. o0
f'. s
$ 30 8. va $ .� .2, 3 0 8-04
.S
MODEL: 73---"J-'S"'d- 7S -01J-5 4- - �'J = r►r!'J'�'
$ '7'.00 $ 7GG . oo
MODEL: G%3 - (/3 At.) -1 .Q4t1.rG 'es
$ no di -el
MODEL: i1 0 4 fa1
$ no L'0l
MODEL: no L'cl
1 $/33ateoo $JSfBCG.00
MODEL: le( - 715 :'1 J'�S
6. T7083 Environmental Applications
Learning System LL
*MANUFACTURER: /?'h4T�t71
1
7. 950-SPT1 Solar PV Troubleshooting
Learning System
1
$ ?SW. 00
MODEL:
$ A51i.oa
7-7o 83 lgcs
$ z3,G8J:00 $ .Z3,f/s'.00
*MANUFACTURER: Awti,Lre / MODEL: q6-0 0 ^ SP r. YI'S
7b. Solar PV Array Station
1
$ 67414.00
*MANUFACTURER: A / MODEL: 5.3.--S P42.
Bid 10-50, ADDENDUM 1
Page 3 of 4
$ G f5' Z. 00
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
8. 950-STCL1 Solar Thermal Closed -Loop
Troubleshooting Leaming System 1 $ ? .3� 477e , ad $ 2 3 f 8.70. 00
*MANUFACTURER: 4r J-, f
8b. Sun Simulator
1
MODEL: 95'0 - StC- L
$ V8.Z3, oo $ y$Z 3 . ov
*MANUFACTURER: A-% MODEL: 43r.Sfi5 2 so%r.77(.•�••1S�tis.%�4h
TOTAL BASE BID (Item 1 through 8): $ /NI 21 2. o
Sum of Items 1 through 8
*Note: Bid evaluation for award will be based on Total Base Bid.
EXECUTION OF BID -
Bidders are requested to indicate by check mark or "Yes/No" on each line of the Specifications the compliance of
the item bid. Actual specification of any deficient item must be noted on the bid sheet or separate attachment. If
specifications of item bid differ from provided literature, deviation must 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. The City of Fayetteville reserves the right to award the bid in its whole, by line item, or all rejection.
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM: S / (/ac
Purchase Order/Payments shall be issued to this name
*BUSINESS ADDRESS: / 2.. 3 el L a %ras 1.2e .
*CITY: /)d ,i!"
*STATE: /Z *ZIP: 7i
*PHONE: Sc / - S`2 v - d r e .S/s-0/ - 7/1- .U'Y FAX:
*E-MAIL: re, rr% e ,$ �'vcad�'.�c . G u rs,%.
*BY: (PRINTED NAME) f2..'c h 4,,..01 A . Car+^
d a s^3 7
*AUTHORIZED SIGNATURE:
*TITLE: k4�...sc1 .Sa /'=S /A1 aK4 B r•
8)2 ?% ZWWO
Bid 10-50, ADDENDUM 1
Page 4 of 4
Telecommunications Device for the Deaf TDD (479) 521-1316
023181151.6161161111
113 West Mountain - Fayetteville, AR 72701
EXECUTION OF BID -
Bidders are requested to indicate by check mark or "Yes/No" on each line of the Specifications the compliance of
the item bid. Actual specification of any deficient item must be noted on the bid sheet or separate attachment. If
specifications of item bid differ from provided literature, deviation must 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. The City of Fayetteville reserves the right to award the bid in its whole, by line item, or all rejection.
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM: Si ()ad, 2;, c.
Purchase Order/Payments shall be issued to this name
*BUSINESS ADDRESS: .% 2 3 La /c.c.s ore.
*CITY: 5-00,..4)-)
So/ -
*PHONE: S—c) I - S'26 - os aJ/7yg- v J.rFAX: Ssa 1 -,3-2o - aS3 7
*E-MAIL: 4.4` 14 r v S ?Oa d ,'A c, G u r1
*STATE: 4/2 *ZIP: % ! c1 / 3
*BY: (PRINTED NAME) ,12•'41.4.-ol 4. Co. rr
*AUTHORIZED SIGNATURE:
*TITLE: ArlVaK„S4S ..5; is ./144 -c r'
Acknowledge Addenda:
Add. No. / Dated: SJ'& .r -J/ o
Add. No. Dated:
Add. No. Dated:
Add. No. Dated:
Add. No. Dated:
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Leaming Systems
Page 32 of 35
City of Fayetteville
Bid 10-50, Educational Equipment & Learning Systems
SECTION D: Statement of Disclosure — To Be Submitted With ALL BIDS
This page does not count towards page limitations set forth in this request for proposal or bid.
Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any
relationship with any City of Fayetteville employee. Your response must 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, to your knowledge, 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. This form must be
completed and retumed in order for your bid/proposal to be eligible for consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM:
A- 1) NO KNOWN RELATIONSHIP EXISTS
2) RELATIONSHIP EXISTS (Please explain)
PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID OR PROPOSAL:
1.) I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the
information provided herein are accurate and true; and
2.) My organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and
conditions of employment.
A i (14rd 4
Printed Name
Signature
'Jze,/ zein
Date
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Leaming Systems
Page 33 of 35
City of Fayetteville
Bid 10-50, Educational Equipment & Learning Systems
SECTION E: Authorized Negotiator Information - To Be Submitted With ALL Proposals
At the discretion of the City, one or more firms may be asked for more detailed information before
final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall
submit to the City a primary contact name, e-mail address, and phone number (preferably a
cell phone number) where the City selection committee can call for clarification or interview
via telephone.
Name of Firm: .Si Gad, . c.,
Name of Primary Contact: ,12 La. -d r r
Title of Primary Contact: .4-r ita...sa. 5c 1.J P`'a n4.5
.0 r
Phone#1 (cell preferred): S'o/- 7y1 - 2 L/S" Phone#2: Sc/-- SAv-Qs-o,3
E -Mail Address: ,rca.rr ,wac . C.o
€ontra
Is the primary contact (listed in Part I) able to legally bind contracts?
If no, please list contact that can legally bind a contract for the firm:
Name:
Title:
NO (circle one)
Phone#1 (cell preferred): Phone#2:
E -Mail Address:
Date: 7% 2 4 / /0
Signed: /..< -
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Leaming Systems
Page 34 of 35
rave Lieviiie
THE CITY OF FAYETTEVILLE, ARKANSAS
ARKANSAS
www.accessfayetteville.org
Bid 10-50, Addendum 1
Bid 10-50, Educational Equipment and Learning Systems
City of Fayetteville — Purchasing Division
113 W. Mountain — Room 306
Fayetteville, AR 72701
Phone: 479.575.8220
E -Mail: aforen@ci.fayetteville.ar.us
Date: Wednesday, August 25, 2010
To: All interested parties
From: Andrea Foren, CPPB, Purchasing Agent
Notice: This addendum is hereby made a part of the bid documents to the same extent as though it were
originally included therein. Bidders should indicate their receipt of same in the appropriate blank listed herein.
Failure to do so may subject vendor to disqualification. Addendum should be attached to the inside cover of the
bidding documents, signed, and dated.
1.) The bid form used for this project has been revised per this addendum. Reference page 3 for the revised bid
form. All bidders shall use the attached bid form, as revised per this addendum. Failure to submit bids on the
correct bid form will result in your bid being rejected.
2.) All references to electrical power in "Additional Required Items" will be provided by others and is not included as a
direct requirement for this bid.
3.) Reference — Line Item 1:
a. Additional Required Items o.ii and o.iii are hereby REMOVED
4.) Reference — Line Item 2:
a. Additional Required Items b.iii and b.iv are hereby REMOVED
b. Line Item 2b is added to include item b.i as a required item for an Amatrol Model 613-43 Pony Brake, priced
separately
5.) Reference — Line Item 5:
a. Line Item 5 specifications listed in the original bid shall be completely replaced with the following:
Line Item 5 is revised to the following specifications:
Thermal systems play a key role in industry, commercial, and residential applications by providing heating and
cooling of living spaces, food storage, and various manufacturing processes. The model 94 -TS -1 Thermal
Systems 1 Unit teaches a wide range of applications based on the thermal concepts of thermodynamics and heat
transfer. Thermal applications include refrigeration, air conditioning, and heat pumps.
The 94 -TS -1 Unit consists of two student workstations: T7082 Thermal System and T7081 Applied Thermal
Science System. The model 17082 Thermal System is a working thermal system with industrial components that
can perform heat pump, air conditioning, and refrigeration systems operation. The T7081 includes thermal
science apparatus to demonstrate the principles on which modern thermal systems are based.
The T7081 components are stored in full view of the student with silk-screened outlines and labels to enable
students to quickly find the components needed for their setups and easily return them to their proper storage
locations. This feature also enables teachers to identify missing components at a glance.
The 17081 Applied Thermal Science System supports a full range of thermal science experiments including heat
transfer and thermodynamics. This system provides the fundamental understanding of thermal systems
necessary before exploring the applications taught by the T7082 Thermal System. Students will use the T7081 to
prove concepts and learn how to make calculations to predict system performance.
Bid 10-50, ADDENDUM 1
Page 1 of 4
Telecommunications Device for the Deaf TOD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
The T7082 is a working refrigeration system that uses the principle of vapor compression, the most popular
refrigeration method employed today. The T7082 demonstrates both refrigeration and air conditioning
applications. It also includes a reversing valve and associated components to switch the system to heat pump
operation as well.
The 17082 includes many instrumentation features to observe and monitor system operation. Sight glasses are
located at three points on both the evaporator and condenser coils to show how the refrigerant changes phase as
it passes through each coil. Pressure and temperature gages are placed at the inlet and outlet of the condenser
and evaporator to determine heating and cooling performance. Other teaching components include moisture
indicator, panel -mounted compressor ammeter, and flow meter.
The T7082 replicates a variety of performance conditions such as heavy-duty industrial blowers attached to the
condenser and evaporator coils and manual valves placed throughout the refrigeration system. The blowers have
dampers that can vary the air flow across the coils, showing the effect of varying heat transfer rates.
Key Features shall include the following:
i. Supports full range of thermal science experiments
ii. Sight glasses at multiple points to show refrigerant changes
ill. Hermetically sealed compressor
iv. Silk-screened component panel
v. Industrial quality components
vi. Perform heat pump, air conditioning, and refrigeration systems operations Convenient component
storage
6.) Reference — Line Item 6:
a. Additional Required Item b.ii is hereby REMOVED.
b. Line Item 2b is added to include item b.i as a line item for an Amatrol Model 613-43 Pony Brake.
7.) Reference — Line Item 7:
a. Line Item 7b is added to include a Solar PV Array Station as a separately priced required item.
8.) Reference — Line Item 8:
a. Line Item 8b is added to include a Sun Simulator as a separately priced required item.
9.) FOB destination is revised to the following:
Northwest Arkansas Community College
Attention: Keith Knight
One College Drive
Bentonville, AR 72712
10.) Bidders agree and understand that by submitting a bid on the attached revised bid form, he or she acknowledges this
addendum and its contents.
Bid 10-50, ADDENDUM 1
Page 2 of 4
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
City of Fayetteville
Bid 10-50, Educational Equipment & Learning Systems
Advertisement
All sealed bids shall be submitted to the City Administration Building, City Hall, Room 306, 113 West
Mountain Street, Fayetteville, Arkansas 72701. All bids are due at the time stated. No late bids will
be accepted. City of Fayetteville reserves the right to deviate from the estimated purchase quantities.
Bid Name: Bid 10-50, Educational Equipment & Learning Systems
DUE: Friday, August 27, 2010 at 2:00 PM, Central Standard Time
Bid forms can be downloaded from the City's Purchasing Web Site at www.accessfayetteville.orq.
All questions should be directed to Andrea Foren.
The City reserves the right to reject any and all bids and to waive formalities deemed to be in the
City's best interest.
"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."
City of Fayetteville
By: Andrea Foren, CPPB
Purchasing Agent
479.575.8220
aforen(a ci.fayetteville.ar.us
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Learning Systems
Page 2 of 35
City of Fayetteville
Bid 10-50, Educational Equipment & Learning Systems
Table of Contents
SECTION:
PAGE NUMBER
Cover Page
1
Advertisement
2
SECTION A: General Conditions
4
SECTION B: Equipment Specifications
10
SECTION C: Bid Form
31
SECTION D: Statement of Disclosure
33
SECTION E: Authorized Negotiator Information
34
Statement of No -Submittal
35
ATTACHMENTS:
# OF PAGES
N/A
N/A
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Leaming Systems
Page 3 of 35
City of Fayetteville
Bid 10-50, Educational Equipment & Learning Systems
SECTION A: General Conditions
1. SUBMISSION OF BID:
a. Bids will 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. Bidders must have experience in providing products and/or services of the same or similar nature.
e. 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.
f. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be
received before 2:00:00 as shown by the atomic clock located in the Purchasing Division Office.
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. AU 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 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.
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Leaming Systems
Page 4 of 35
5. COSTS INCURRED BY PROPOSERS:
All expenses involved with the preparation and submission of bids to the City, or any work performed in connection
therewith, shall be bome 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" which states the following:
i. An employee of the City shall be permitted to conduct business with the City, provided the
contract or job is for services, is submitted as a competitive bid, is approved by the City Council
following disclosure of the direct or indirect financial interest of the individual employee, and the
total sum payable under the contract does NOT exceed $500.00.
b. All bidders shall promptly notify Andrea Foren, 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:
a) 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,
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Leaming Systems
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should any said governmental entity desire to buy under this proposal. Eligible Users shalt mean all state of Arkansas
agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community
colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms
and conditions of the contract.
11. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is
made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal
for the same item(s) and/or services and is in alt 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 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. CERTIFICATE OF INSURANCE:
The successful Proposer 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 throughout project completion.
17. 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.
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Bid 10-50, Educational Equipment & Learning Systems
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18. 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 or penalty for untimely payments. Payments can be processed through
Proposer'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 not agree to allow any increase in hourly rates by
the contract without PRIOR Fayetteville City Council approval.
19. 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
20. 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 RFP, without exception shall constitute approval for purpose of this Agreement.
21. NON-EXCLUSIVE CONTRACT:
Award of this RFP 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.
22. 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
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Leaming Systems
Page 7 of 35
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
riot 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.
23. 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.
24. 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.
25. 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 RFP documents by the Proposer, 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.
26. OTHER GENERAL CONDITIONS:
a) Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any
manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way
affect the Work and shall in all respects comply with said laws, ordinances, and 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.
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Leaming Systems
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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 immediately via telephone
(479.575.8220) or e-mail ( aforen(o7ci.favetteville.ar.us ). 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.
1) Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Andrea
Foren, City of Fayetteville, Purchasing Agent via e-mail (aforen(a�ci.fayetteville.ar.us) or telephone
(479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request
for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms
via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed
until after a contract is in place.
j)
Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to
properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to
submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's
content or to exclude any relevant or essential data.
k) Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner
relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any
claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any
similar basis.
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..
City of Fayetteville, AR
Bid 10-50, Educational Equipment & Learning Systems
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