HomeMy WebLinkAbout120-14 RESOLUTIONRESOLUTION NO. 120-14
A RESOLUTION TO AWARD BID #14-35 AND AUTHORIZE THE
PURCHASE OF RETAINING WALL BLOCKS FROM INDUSTRIAL
PRECAST, INC. IN VARIABLE AMOUNTS AS NEEDED, AND TO
AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND
AVAILABILITY AS NEEDED THROUGH THE END OF CALENDAR YEAR
2014
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
#14-35 and authorizes the purchase of retaining wall blocks from Industrial Precast, Inc. in
variable amounts as needed, and further authorizes the use of other bidders based on price and
availability as needed through the end of calendar year 2014.
PASSED and APPROVED this 15th day of July, 2014.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/T i urer
�filsrn4
•
-•• FAYEITEVILLE•=
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City of Fayetteville Staff Review Form
2014-0289
Legistar FIIe ID
7/15/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Terry Gulley
Submitted By
6/27/2014
Submitted Date
Transportation Services /
Transportation Services Department
Action Recommendation:
Division / Department
A resolution awarding Bid 14-35 to and authorizing the purchase of retaining wall blocks from Industrial Precast,
Inc. for the unit prices shown on the attached bid tabulation, as needed, and authorizing the use of other bidders
based on price and availability.
Budget Impact:
2100.5500.5814.00
Account Number
02053/5500
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Street
Fund
Sidewalk Improvements
Current Budget
Funds Obligated
Current Balance
Project Title
1,042,000.00
31,854.21
$ 1,010,145.79
Item Cost $
Budget Adjustment
Remaining Budget
1,010,145.79
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
V20140610
Comments: The "item cost" box has been left blank because the exact item cost will vary depending upon the
Transportation Division's fluctuating needs based on citizen service requests received, construction
project progress, and other variable factors.
(1 u' / '9
CITY OF
aye p„ville
CITY COUNCIL AGENDA MEMO
MEETING OF JULY 15, 2014
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Terry Gulley, Transportation Services Director
DATE: June 26, 2014
SUBJECT: Bid 14-35, Retaining Wall Blocks
RECOMMENDATION:
A resolution awarding Bid 14-35 to and authorizing the purchase of retaining wall blocks from
Industrial Precast, Inc. for the unit prices shown on the attached bid tabulation, as needed, and
authorizing the use of other bidders based on price and availability.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current
infrastructure and to implement projects outlined in the 2013-2017 Capital Improvements
Program and annual budget and work program. Sealed bids in accordance with State statutes,
City ordinances, and purchasing procedures were publicly read and the results are attached to
this memo.
DISCUSSION:
The low bid for retaining wall blocks was submitted by Industrial Precast, Inc.
BUDGET/STAFF IMPACT:
Funds for the acquisition of materials have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
Attachments:
Bid 14-35 Tabulation
Bid Submittal
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayettevi l le -a r.gov
RESOLUTION NO.
A RESOLUTION TO AWARD BID #14-35 AND AUTHORIZE THE
PURCHASE OF RETAINING WALL BLOCKS FROM INDUSTRIAL
PRECAST, INC. IN VARIABLE AMOUNTS AS NEEDED, AND TO
AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND
AVAILABILITY AS NEEDED THROUGH THE END OF CALENDAR YEAR
2014
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
#14-35 and authorizes the purchase of retaining wall blocks from Industrial Precast, Inc. in
variable amounts as needed, and further authorizes the use of other bidders based on price and
availability as needed through the end of calendar year 2014.
PASSED and APPROVED this 15th day of July, 2014.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CITY OF
Tetteville
Y ARKANSAS
Bid 14-35, Retaining Wall Blocks
Bid: 14-35
Date: 6/26/2014
Time: 3:00 PM
City of Fayetteville
*NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City
CERTIFIED:
\L'„Qg
P. VICE, PURCHASING MANAGER WITNE($S
to -(211-'4
DATE
Industrial Precast
LJB Construction
Redi-Rock® 28" Series Wall. System or Equal
Item
DESCRIPTION
QTY :'
PRICE EACH EXTENDED PRICE
PRICE EACH
EXTENDED PRICE
1
Top Block - 28" Series with Cobble Stone Face0"":'
$
81.85
= $
8,185.00
$
110.00
=
$
11,000.00
2
Half Top Block - 28" Series with Cobble Stone Face
8.
$
55.60
= $
444.80
$
65.00
=
$
520.00
3
Middle Block - 28" Series with Cobble Stone Face
174.: _
$
81.00
= $
15,834.00
$
113.50
=
$
19,749.00
4
Half Middle Block - 28" Series with Cobble Stone Face
2 '::."
$
58.60
= $
117.20
$
65.00
=
$
130.00
5
Bottom Block - 28" series with Cobble Stone Face
90> : `
$
93.75
= $
8,437.50
$
113.50
=
$
10,215.00
6
Half Bottom Block - 28" Series with Cobble Stone Face
1= ::" `:,
$
58.60
= $
58.60
$
65.00
=
$
65.00
Bottom Block - 41" Series with Cobble Stone Face
1:5 ::' .
$
99.50
= $
1,492.50
$
150.00
=
$
2,250.00
Total Bid
I .$
34,569.60.
Total Bid :
$ 43,929 00:
*NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City
CERTIFIED:
\L'„Qg
P. VICE, PURCHASING MANAGER WITNE($S
to -(211-'4
DATE
CITY OF
Taye�eville
INVITATION TO BID
City of Fayetteville, Arkansas
Purchasing Division — Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID: Bid 14-35, Retaining Wall Blocks — Materials Only
DEADLINE: Thursday, June 26, 2014 before 3:00 PM, Local Time
DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Andrea Foren, CPPO, CPPB, aforen@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: Saturday, June 14, 2014
INVITATION TO BID
Bid 14-35, Retaining Wall Blocks - Materials Only
No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled with the name and address of
the bidder.
All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents
attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure
to do so may be used as basis of rejection.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in
strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not
subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager.
Name of Firm: 1.,A, R ( ?rte cres- -•
Contact Person: fitµ- flu-k`e
E -Mail: M i Ia.IG-e- e C.ov, •;.sem+
Title: Skii6 /t,".`"M ct
Business Address: ruts 1
Phone: 411 • +2-0 & l b Z to
City: 611.4- 41411;1`04-'
Signature:
City
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 1 of 15
State: /1 -
Date:
Zip: 7Z'l o g
(�-25 oofq
City of Fayetteville
Bid 14-35, Retaining Wall Blocks — Materials Only
Bid Form
City of Fayetteville, Arkansas
Bid 14-35, Retaining Wall Blocks
Bid #
14-35
Date Issued:
Saturday June 14, 2014
Date and Time 0f Bid Opening:
3:00 PM, Thursday June 26, 2014
Date Required: M specified
F.O.B
Fayetteville, Arkansas
Purchasing Agent Contact Information:
Andrea Foren, CPPO, CPPB, (479) 575-8220, aforen@ci.fayetteville.ar.us
Redi•Rocke 28" Series Wal System or Equal
Item
DESCRIPTION
QTY
EACH
PRICES1.05
EXTENDED PRICE
1
Top Block - 28" Series with Cobble Stone Face
100
2
x i� ! . 0 5
_
$ e I S4'' DO
2
Half Top Block - 28" Series with Cobble Stone Face
8
x 55a-00
=
$ 4144,(a0
3
Middle Block - 28" Series with Cobble Stone Face
174
x q 1 4,4v
=
$ 15e34. CC
4
Half Middle Block - 28" Series with Cobble Stone Face
2
x 50.C90
.$
t t 1.7-®
5
Bottom Block - 28" series with Cobble Stone Face
90
3./5
x 1613./5
_
$ `U`r STCO
6
Half Bottom Block - 28" Series with Cobble Stone Face
1
x 5'$ `W
=s
4-e.‘00
7
Bottom Block- 41" Series with Cobble Stone Face
15
x Ra. 50
=
$ /jR2-' Si,
Total Bid:$
345(0160
Bid pricing shall be inclusive of materials, shipping, and any applicable delivery charges. The City shall be
responsible for all offloading. Bid pricing shall NOT include taxes. All bidders shall refer to bid document for full
details regarding delivery.
NAME OF VENDOR
v\ d 05 + r► a, l ?rte ca -S -I- JnrnG .
THIS BID FORM CONTINUES ON THE NEXT PAGE.. .
Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products
being bid. The City reserves the right to award this bid based on the City's best interest at the time of product
order.
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 2 of 15
EXECUTION OF BID -
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. if specifications of item bid
differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production
option.
Upon signing this Bid, the bidder certifies that:
1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms,
standard conditions, and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as
specified by The City of Fayetteville.
3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support
as specified herein.
4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the
information provided herein is accurate and true.
5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and
conditions of employment in addition to all federal, state, and local laws.
6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any
relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists
between any principal or employee of your firm and any City of Fayetteville employee or elected City of
Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a
relationship may result in cancellation of a purchase and/or contract as a result of your response.
r"'� 1.) NO KNOWN RELATIONSHIP EXISTS
2.) RELATIONSHIP EXISTS (Please explain):
7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational
Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations.
8. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you
are in compliance with the below Federal Executive Order. Certification can be done by completing and signing
this form.
a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its
principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency from doing business with the Federal Government.
b. Your signature below certifies that neither you nor your principal is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 3 of 15
Unsigned bids will be rejected. Items marked * are mandatory for consideration. ,� �7
I
*NAME OF FIRM: -r d Ls S +vim 1 r ie''e Cas 4- J/V
Purchase Order/Payments shall be issued to this name
*D/B/A or Corporation Name
*BUSINESS ADDRESS: lap l 6004-k 2e`
*CITY: roe -i- 6 ;-1-k *STATE: 4( kW-5AS *ZIP: 112.41 087
*PHONE: 41'1 1 > (:/(. " ` 2-2 2., FAX: 411 i 419 qt j i t
*E-MAIL:
wto4c. hlct. (ice g Ccs , 0,e. -{--
*BY: (PRINTED NAME) 11,40-1) 1) a (4,'2,
*AUTHORIZED SIGNATURE:
*TITLE:
344€ 5a'`'�'
DUNS NUMBER: CAGE NUMBER:
*TAX ID NUMBER: 2 (— 05 ( le b
Acknowledge Addendums:
Addendum No. Dated: Acknowledged by:
Addendum No. Dated: Acknowledged by:
Addendum No. Dated: Acknowledged by:
Addendum No. Dated: Acknowledged by:
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 4 of 15
City of Fayetteville
Bid 14-35, Retaining Wall Blocks— Materials Only
General Terms and Conditions
1. SUBMISSION OF BID & BID EVALUATION:
a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division.
c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing
Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid,
RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in
shipping containers or boxes.
d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at
479.575.8220 to ensure correct receipt of bidding documents 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.
g.
Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be
received before the time as shown by the atomic clock located in the Purchasing Division Office.
h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City
reserves the right to award bids in their entirety, none, or by line item.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All
questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the
Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to
the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be
responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the
contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this
project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification
as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing
Division. The City of Fayetteville reserves the right to accept or reject any requested equal.
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following:
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 5 of 15
a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of
the City.
b. The City of Fayetteville reserves the right to accept or reject any or all bids.
c. The City of Fayetteville reserves the right to cancel the entire bid.
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the
invitation to bid or in bids submitted.
e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information,
or data without changing the terms of the bid.
5. COSTS INCURRED BY BIDDERS:
All expenses involved with the preparation and submission of bids to the City, or any work performed in connection
therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other
effort required of, or made by, the bidder(s) prior to contract commencement.
6. CONFUCT OF INTEREST:
a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance or services required hereunder, as
provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract With
The City".
b. All bidders shall promptly notify Andrea Foren, 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. WITHDRAWLOF PROPOSAL
A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized
representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the
Purchasing Division.
8. LATE PROPOSAL OR MODIFICATIONS:
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing
received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders
should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to
opening time and date listed.
9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with
all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 6 of 15
contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business
Enterprises (DBE), & OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small,
minority and women business enterprises to bid on and receive contracts for goods, services, and
construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their
contract to qualified small, minority and women business enterprises.
10. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments,
municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions
therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of
Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards,
community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase
under the terms and conditions of the contract.
11. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid
is made without previous understanding, agreement, or connection with any person, firm or corporation making a
proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or
otherwise illegal action."
12. RIGHT TO AUDIT, FOIA, AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to
purchases between the City and said vendor.
b. Freedom of Information Act: City contracts and documents prepared while performing City contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is
presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the
documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act
(A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be
assessed for this compliance.
c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law
applying to the case.
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss,
damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed
trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof
covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the
subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 7 of 15
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
479321.1316 (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.
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.
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 8 of 15
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the
City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said
action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably
exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition
and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action
by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its
response to the bid, without exception shall constitute approval for purpose of this Agreement.
20. NON-EXCLUSIVE CONTRACT:
Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop
during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently
contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of
multiple -term contracts, this provision shall apply separately to each item.
21. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for
proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the
bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that
is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly
prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until
either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall
prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification
and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but
not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain
goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request
for qualification, bid or contract to be rejected.
22. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City
as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional
requirements as may become necessary.
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the
City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City.
In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms,
conditions, and specifications.
24. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces
where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is
not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 9 of 15
original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response.
Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and
presented in the form of an addendum to the original bid documents.
25. OTHER GENERAL CONDITIONS:
a) Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any
manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way
affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of
misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of
the contract. No representations shall be binding unless embodied in the contract.
b) Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products
and services presented. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will
apply when necessary but will not be considered in award of this project.
c) Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of
services to the City of Fayetteville.
d) Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on
behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder.
e) The City reserves the right to request any additional information it deems necessary from any or all bidders after
the submission deadline.
f) The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it
commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any
costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense
as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any
expense so incurred, regardless of whether or not the proposal is accepted.
If products, components, or services other 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.
g)
h) NOTE: Any uncertainties shall be brought to the attention to Andrea Foren immediately via telephone
(479.575.8220) or e-mail (aforen@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville
Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to
be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all
bidders to be on equal bidding terms.
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@fayetteville-ar.gov) 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
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 10 of 15
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 14-35, Retaining Wall Blocks (Materials Only)
Page 11 of 15
City of Fayetteville
Bid 14-35, Retaining Wall Blocks — Materials Only
Technical Specification: Wall Units shall be Redi-Rock® 28" Series Wall System or Equal
1. GENERAL—
a. Bid prices shall exclude applicable taxes; however, sales tax will apply to all orders in accordance
with local, state, and federal law. Pricing shall be inclusive of materials, shipping, fuel, etc.
b. All materials shall be shipped to a single job site in Fayetteville, Arkansas. Vendor shall
coordinate with City of Fayetteville in regards to final destination ship point within the City limits
of Fayetteville, AR.
c. The City of Fayetteville reserves the right to award bids all or none. The City of Fayetteville also
reserves the right to deviate from estimated purchase quantities.
d. The City of Fayetteville intends to purchase all blocks shown on the bid form for a single job,
placed in a single order, and delivered as coordinated and scheduled with the City
Transportation Division. Delivery for materials shall occur in the following manner:
i. Not all materials will be delivered on the same day; however, all interested parties shall
understand these materials are for the intended use of a single project and deliveries
may occur over a 14 calendar day time period.
ii. Delivery schedule for all items shall be coordinated with the City of Fayetteville
Transportation Division within five (5) calendar days of order being placed, unless longer
time is needed by the City.
iii. Deliveries shall be made in full semi -truck loads, with the exception of the final delivery.
iv. First shipment shall arrive for delivery within ten (10) calendar days of order being
placed, followed by additional subsequent truck deliveries as scheduled with the City.
The City anticipates 1-2 full truck loads per day over a consecutive fourteen (14) calendar
day time period.
v. The City reserves the right to purchase additional quantities as needed through
12/31/2014. Bidders shall hold pricing firm through 12/31/14.
vi. The City of Fayetteville shall be responsible for offloading materials at the job site.
2. MATERIALS —
a. Wall units shall be Redi-Rock® as produced by a licensed manufacturer or equal.
b. Wall units shall be made with ready -mixed concrete in accordance with ASTM C94, latest
revision, and per the following chart: *Higher slumps are allowed if achieved by use of
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 12 of 15
appropriate admixtures.
CLIMATE
AIR CONTENT
28 Day Compressive
Strength, PSI
SLUMP*
Negligible
1 4% -4 %%
3,000
5" +/-1 %"
Moderate
3% - 6%
3,000
5" +/-1 W'
Severe
41/2% - 71/2%
3,000
5" +/-1 1/2"
c. Notwithstanding anything stated above, all materials used in the wall units must meet applicable
ASTM and local requirements for exterior concrete.
d. Exterior block dimensions shall be uniform and consistent. Maximum dimensional deviations
shall be 1%, excluding the architectural surface. Maximum width (face to back) deviation
including the architectural surface shall be 1.0 inch.
e. Exposed face shall be Cobble Stone finish. Other surfaces to be smooth form type. Dime -size
bug holes on the block face may be patched and/or shake -on color stain can be used to blend
into the remainder of block face.
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 13 of 15
3. TECHNICAL SPECIFICATIONS
41" Series Blocks
Top - 28"
Volume = 8.55 cft
Weight = 11223 lbs
CofG=15.06"
46
10" Dia.
4" High
(TY11)
Middle -41"
Volume =16.44 cft
Weight = ±2351 lbs
CofG=20.92"
46"
10" Dia. -
4" High
(TYP•)
Bottom 41"
Volume =17.37 cft
Weight = ±2483 lbs
CofG=21.3"
Planter
Volume = 14.12 cft
Weight = ±2020 lbs
CofG=19.35"
S.,23"
1'0.23"
41"
46 ..
41"
16".
Half Top - 28"
Volume = 4.13 cft
Weight = 1591 lbs
Half Middle - 41"
18" Volume = 7.28 cft
Weight = ±1041 lbs
Half Bottom - 41"
18" Volume = 7.73 cft
Weight = ±1105 lbs
23"
Half Planter
18" Volume = 5.91 cft
Weight = ±890 lbs
46" ...,.
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 14 of 15
41"
13"
18"
Top -_28"
Volume = 8.55 cft
Weight = ±12231bs
C of G = 15.06"
28" Series Blocks
6"
10° Dia. -
4" High
(rYP) \
Middle - 28"
Volume = 11.40 cft
Weight = t1630 lbs
C of = 14.18"
39.6"
46"-28"
kialf To_p 4"
Volume = 4.13 cft
Weight = ±591 lbs
Half Middle - 28"
Volume = 5.34 cft
18" Weight = ±764 lbs
10" Dia. - , :.."---..„.39.6"
4" High \
(TYPI
--.. -...N
I
Bottom - 28" 1 Half Bottom - 28"
Volume = 12.36 cft Volume = 5.79 cft
Weight = 11768 lbs . 18" Weight = ±827 lbs
C of G = 14.23" i
23" End Block
Volume = 6.79 cft
Weight = I 970 lbs
C of G 12.29"
..e•-• 23"
City of Fayetteville, AR
Bid 14-35, Retaining Wall Blocks (Materials Only)
Page 15 of 15
18°
18"