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HomeMy WebLinkAbout129-12 RESOLUTIONRESOLUTION NO. 129-12 A RESOLUTION AWARDING BID #12-52 AND APPROVING A CONTRACT WITH ELECTRICAL RESOURCES, INC. DBA MILFORD SIGN CO. IN THE AMOUNT OF $20,910.00 FOR THE CONSTRUCTION OF PARK ENTRY SIGNS, AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY 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 #12-52 and approves a contract with Electrical Resources, Inc. dba Milford Sign Co. in the amount of $20,910.00 for the construction of park entry signs. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency of ten percent (10%). PASSED and APPROVED this 19th day of June, 2012. APPROVED: B ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/19/2012 City Council Meeting Date Agenda Items Only Caro J es/Alison Jumper Park Planning Submitted By Division Action Required: Parks and Recreation Department Staff recommends approval of a resolution awarding Bid #12-52 and approval of a contract with Electrical Resources, Inc. in the amount of $20,910 with a 10% project contingency of $2,091 for a total project cost of $23,001 for the Construction of Park Entry Signs. 23,001.00 Cost of this request 2250.9255.5315.00 Account Number 03022.1 Project Numbers Budgeted Item 26,044.00 Category 1 Project Budget Funds Used to Date 26,044.00 Remaining Balance Budget Adjustment Attached I Lake Fayetteville Trails/Park Signage Program Category / Project Name Parks Development Program 1 Project Category Name Parks Development Fund Name Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: fososs Received i O8 -y D 1-1 2 P02:14 R C V D Clerks Office Comments: Revised January 15, 2009 THE CITY OF FAYEUEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent /4 From: Carole Jones, Park Planner II Date: June 1, 2012 Subject: Bid #12-52, Construction of Park Entry Signs Agenda Request for June 19, 2012 Meeting PROPOSAL: White River Baseball Complex contains 16.7 acres and is located at 2080 S. Armstrong Avenue. The park is situated in the southeast quadrant of town east of Armstrong Avenue and south of 15t Street (Arkansas Highway 16). Lake Fayetteville Park contains 590 acres and is located at 1330 E. Lake Fayetteville Road. The park is situated in the northeast quadrant of town east of College Avenue (US Highway 71B) and north of Zion Road. Bayyari Park contains 7.4 acres and is located at 725 S. Regency Drive. The park is situated in the southeast quadrant of town north of Huntsville Road (Arkansas Highway 16). The project includes the construction of three steel and stone park entry signs and associated site work — one at each of the abovementioned parks. Completion of the project will assist in the continuation of Parks and Recreation Department's effort to standardize and replace outdated park entry signs. The project was advertised for bids on May 12 and May 19, 2012, and the bid opening was held on May 30, 2012. Four bids were received including Hammer and Chisel, Inc., Electrical Resources, Inc., General Construction Solutions, Inc. and LJB Construction with Electrical Resources, Inc. being the low bidder in the amount of $20,910. If approved, the project will begin in July and is anticipated to be complete in September. RECOMMENDATION: Staff recommends approval of a resolution awarding Bid #12-52 and approval of a contract with Electrical Resources, Inc. in the amount of $20,910 with a 10% project contingency of $2,091 for a total project cost of $23,001 for the Construction of Park Entry Signs. BUDGET IMPACT: The cost of $23,001 is accounted for in project number 03022.1— Lake Fayetteville Trails/Park Signage. THE CITY OF FAYEi TEVILLE, ARKANSAS Attachments: Staff Review Form Bid Submittal — Electrical Resources, Inc. Bid Tabulation Agreement Signed by Contractor Purchase Requisition I Example of Standard Steel and Stone Entry Sign RESOLUTION NO. A RESOLUTION AWARDING BID #12-52 AND APPROVING A CONTRACT WITH ELECTRICAL RESOURCES, INC. DBA MILFORD SIGN CO. IN THE AMOUNT OF $20,910.00 FOR THE CONSTRUCTION OF PARK ENTRY SIGNS, AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY 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 #12-52 and approves a contract with Electrical Resources, Inc. dba Milford Sign Co. in the amount of $20,910.00 for the construction of park entry signs. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency of ten percent (10%). PASSED and APPROVED this 19th day of June, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer evi le City of Fayetteville, all ARKANSAS Project Check List Bid 12-52, Construction — Park Entry Signs This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form t elf is NOT a requirement. XAil addenda shall be signed, acknowledged, and submitted on the appropriate forms ubmitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well s the total bid price. Total base bid should be calculated in the provided space. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) In lieu of a bid bond, the bidder may submit a cashier's check issued by a bank located in the State of Arkansas for an amount no less than five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. Alt, bidders shall submit the following forms with each bid: Bid Form, Vendor References, ebarment Certification Form, & Statement of Disclosure. Il pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents. All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 L` CONTRACTOR NAME:�Tevie L RecOvi eS 5,' ,') ark rl5 Yt ARKANSAS CONTRACTOR'S LICENSE NUMBER: x%5'7 8( City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Page 3 of 32 ODl Western Surety Company BID BOND (Percentage) Bond Number: 61366209 KNOW ALL PERSONS BY THESE PRESENTS, That we Electrical Resources Inc. 2/8 Vaughn Road 279 Hwy, Centerton, AR 72719 referred to as the Principal, and Western Surety Company of , hereinafter as Surety, are held and firmly bound unto City of Fayetteville of 113 W. Mountain St., Fayetteville, AR 72701 hereinafter referred to as the Obligee, in the sum of Five. 5 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract fry Parks Entry Sicins, Fayetteville, AR NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this Form F5876 30th day of By May 2012 D Electrical Resource Inc. (Pr i ipal) .- (Seal) Western Surety Company (Sur =z ) eal) NY E SCHNEIDER Attorn- -in-Fact ACBNOWLEDGI4IENT OF SURETY STATE OF Arkansas (Attorney -in -Fact) Bond No. 61366209 COTJNTYOF Washington ss On thi s day of w� a4 1 , before me, a notary public in and for said County, personally appeared DANNY LEE SCHNEIDER to me personally known and being by me duly sworn, did say, that he is the Attorney-in•Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said DANNY LEE SCHNEIDER acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at 5prinodale Arkansas , the day and year last above written. My co unix ion expires From 106-4-2000 Cri'" \ Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 61366209 now All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint DANNY LEE SCHNEIDER its true and lawful attorney(s)-in-fact, with hill power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Electrical Resources Inc. Obliges: City of Fayetteville Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full farce and effect. "Section 7. Ali bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board ofDireetors may authorise. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and termiManate, without notice, unless used before midnight of August 28 2012 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its cormigtgout to be affixed this 30th day of May , 2012 Egaio wigs. e4,- Aiketke ST A couN ' - ss On this 30th day of WESTSURET..T COMPANY Paul T. Bnior Vice President May , in the year 2 012 , before me, a notary public, personally appeared Paul T. Bruilat, who being to me duly sworn; acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. �tivA�bg4q�MMAMM��W\•Nti + D. KRELL / NOTARY PUBLIC n sal i magi 4 My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof I have hereunto set nay hand and seal of Western Surety Company this 30th day of May 2012 Form F5306-9-2006 WESTSURECOMPANY Paul T. Bruflat/Senior Vice President Bid 12-5 e;,5( Date: Wednesday To: Ali Prospec From: Andrea For RE: Bid 12-52, t This addendum is hereby mad therein. Bidders should indica subject bidder to disqualificatio dated. 1 050, 5' 10'4. 1.) The following attached documents are attached to this addendum: a. Pre -Bid Meeting agenda from May 21, 2012 b. Pre -Bid Meeting sign -in sheet from May 21, 2012 Lfavettevi ARkArsiAS l l e. ar. us tent as though it were originally included of the Bid Form. Failure to do so may er of the bidding documents, signed, and 2.) The City anticipates issuing a Notice to Proceed in early July, anticipating a June 191 award from the Fayetteville City Council. 3.) The City can e-mail the graphics file for the signs upon request to Andrea Foren at aforen(cci.fayetteviile.ar.us or 479-575-8220. 4.) Plan holder listings will be updated as needed and will be posted to the City's Purchasing Division section of the website. To download visit www.accessfavetteville.orq and click "Bid's, RFP's and RFQ's" under the "Business" section from the green toolbar at the top of the page. City of Fayetteville, Arkansas Bid 12-52, Addendum 1 Page 1 of 1 Acknowledge Addendum #1: 1' '' ed Name: +^1.6 S 1 - >i f If; f eX Signal i3J� ie: i✓;-, —Date: 0-5%19-10 Compan „,, C relecommdiitanonsDeviCe for the Deaf TODR7%521-1316 113 West Mounter --FayefteOtte AR 7 7Q1 aye City of Fayetteville, Arkansas Purchasing Division --Room 306 113 W. Mountain Fayetteville, AR 72701 ARKANSAS eV1 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID INVITATION TO BID: Bid 12-52, Construction - Park Entry Signs DEADLINE: Wednesday, May 30, 2012 before 3:00 PM, local time - Room 306 DELIVERY LOCATION: Room 306 -113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, CPPO aforen(ai>.ci.favetteville.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: Saturday, May 12 and May 19, 2012 INVITATION TO BID BID 12-52. Construction — Park Entry Signs No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled "Bid 12-52, Construction — Park Entry Signs" 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. PRE-BID MEETING: A non -mandatory pre-bid conference will be held on Monday, May 21, 2012 at 10:00 AM at White River Baseball Complex located at 2080 S. Armstrong Ave. All interested parties are strongly encouraged to attend the meeting. NOTICE TO ALL BIDDERS: AM vendors intending on bidding SHALL register as a plan holder by notifying Andrea Foren, Purchasing Agent, via e-mail at aforen c( .ci.favetteville.ar.us. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Bidder assumes all responsibility for receiving updates and any addenda issued to this project by monitoring www.accessfavetfeville.oro. Failure to acknowledge addenda issued as instructed could result in rejection of such bid. City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Page 1 of 32 Protect Manual CITY OF FAYETTEVILLE ARKANSAS CONSTRUCTION - PARK ENTRY SIGNS BID # 12-52 Date: May 2012 City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Page2of32 City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Project Manual Index SECTION: PAGE NUMBER Advertisement 05 General Terms & Conditions 07 Instructions to Bidders 13 Project Details 21 Bid Form — SUBMIT WITH BID 22 Vendor References — SUBMIT WITH BID 28 Debarment Certification Form — SUBMIT WITH BID 29 Statement of Disclosure — SUBMIT WITH BID 30 Draft Contract 31 ATTACHMENTS: # OF PAGES A) Stamped & Signed Drawings 5 Pages City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Page 4 of 32 City of Fayetteville Bid 12-52, Construction — Park Entry Signs Advertisement: 5/12/12 and 5/19112 CITY OF FAYETTEVILLE INVITATION TO BID Bid 12-52, Construction — Park Entry Signs The City of Fayetteville is accepting bids from properly licensed firms for the Construction of Park Entry Signs at White River Baseball Complex located at 2080 5. Armstrong Ave., Lake Fayetteville Park located at 1330 E. Lake Fayetteville Rd. and Bayyari Park located at 725 S. Regency Dr. in Fayetteville, Arkansas. This project includes the construction of three stone and steel park entry signs induding site preparation, grading, fabrication, installation and site restoration induding backfill, seed and straw at each site. Any questions concerning the bid should be addressed to Andrea Foren, Purchasing Agent at aforenna ci.favetteville.ar.us or by calling (479) 575-8220. All bids shall be submitted in a sealed envelope or package labeled "Bid 12-52, Construction of Park Entry Signe. All bids shall be received before Wednesday, May 30, 2012 before 3:00:00 PM, local time at the City of Fayetteville, Purchasing Division address listed below. No late bids will be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 FRE -BID MEETING: A non -mandatory pre-bid conference will be held on Monday, Mav 21, 2012 at 10:00 AM at White River Baseball Complex located at 2080 S. Armstrong Avenue. All interested parties are strongly encouraged to attend the meeting. Bidding documents and plans must be obtained by the City of Fayetteville Purchasing Division electronically. No partial sets shall be issued. Plans may also be reviewed only at the Fayetteville Parks and Recreation Department, 1455 S. Happy Hollow Road, Fayetteville, Arkansas. All vendors intending on bidding SHALL register as a plan holder by notifying Andrea Foren, Purchasing Agent, via e-mail at aforent8 ci.favetteville.ar.us. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Each bid shall be accompanied by a certified check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required with the contract awarded and must be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of Arkansas Contractor's License is required for all bids. Attention is called to the fact that the minimum prevailing wage rates for each craft or type of worker and the prevailing wage rate for overtime work as determined by the Arkansas Department of Labor shall be paid with a contract awarded amount of $75,000.00 or more. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond ninety days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, CPPB, CPPO City of Fayetteville, Purchasing Agent Ad Dates: 5112112 and 5/19/12 City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Page 5 of 32 City of Fayetteville Bid 12-52, Construction — Park Entry Signs General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: 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 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 prior 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. 0. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the date and time as indicated and 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 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. City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Page 6 of 32 e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 3426 titled "Authority of City Employee to Contract With. The City". 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. WITHDRAWAL 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 verify 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's 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's business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all State of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Page 7 of 32 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 JURISDICTION: 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 any and all claims, liability, Toss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice 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. 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. City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Page 8 of 32 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 Contract. 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 0 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'slproposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Page 9 of 32 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, applicable sales taxes, use tax, permits, insurance, etc. to cover the products and services presented. The contractor on this project is defined by the Arkansas Revenue Laws as the user and is responsible for the appropriate taxes. There are NO provisions in this bid for a contractor to avoid taxes. The City of Fayetteville is not a tax exempt entity. 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 immediately via telephone (479.575.8220) or e-mail ( aforenCaici.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. i) Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Andrea City of Fayetteville, AR Bid 12-52, Construction -- Park Entry Signs Page 10 of 32 j) Foren, City of Fayetteville, Purchasing Agent via e-mail (aforen(raci.favetteville.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. 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 bid, or any contract entered related thereto, shall be governed by Arkansas law without regard to conflicts of law principles. Proposer hereby expressly and irrevocably waives any claim or defense in any action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. k) 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 it 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. I) 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 the 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. 26. ATTACHMENTS TO BID DOCUMENTS: a. Attachment A: Project drawinas are included with this bid package (5 sheets) 27. INSURANCE REQUIREMENTS: a. Workmen's Compensation — Statutory Amount b. Comprehensive General & Automobile Insurance: i. Bodily Injury Liability — $500,000 for each person injured. H. Each Accident— $1,000,000 iii. General Liability — $1,000,000 aggregate. 28. REQUIRED DOCUMENTS TO BE SUBMITTED WITH BID: All documents indicated below as required shall be submitted with each bid. Failure to submit required documents shall result in bid rejection. a. Project checklist (optional) b. Required: Bid Form — shall be submitted in its entirety and properly signed c. Required: 5% Bid Bond or cashier's check from an Arkansas Bank — as specified d. Required: Vendor References e. Required: Debarment Certification Form f. Required: Statement of Disclosure g. Required: Any addendums issued City of Fayetteville, AR Bid 12-52, Construction — Park Entry Signs Page 11 of 32