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Home My WebLink About14-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolutiont '14-16 File Number: 2015-0608 BID #16-11 TOPSOIL PURCHÄSE: A RESOLUTION TO AWARD BID #16-11 AND AUTHORIZE THE PURCHASE OF TOPSOL FROM LES ROGERS, INC. IN THE AMOTINT OF $12.40 PER CUBIC YARD DELIVERED AND $8.50 PER CUBIC YARD PICKED UP INVARI-ABLEAMOLINTS AS NEEDED THROUGH THE END OF 2016 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #16-11 and authorizes the purchase of topsoil from Les Rogers, Inc. in the amount of $12.40 per cubic yard delivered and $8.50 per cubic yard picked up in variable amounts as needed through the end of 2016. PASSED andAPPROVED on I/512016 Attest: Lisa Branson, --f:-'. -< - - .'l = '#if"tL..t?sS="q'wiìi;N Page 1 Pr¡nted on 1f7/16 C¡ty of Fayetteville, Arkansas Text File File Number: 2015-0608 113 West Mounta¡n Street Fayetteville, AR 72701 (479) 575-8323 Agenda Date:11512Q16 ln Control: City Council Meeting Agenda Number: A. 14 BID #16-11 TOPSOL PURCHASE: Version: 1 Status: Passed File Type: Resolution A RESOLUTION TO AWARD BID #16-II AND AUTHORIZE THE PURCHASE OF TOPSOIL FROM LES ROGERS, INC. IN THE AMOUNT OF $12.40 PER CUBIC YARD DELIVERED AND S8.50 PER CUBIC YARD PICKED UP IN VARIABLE AMOUNTS AS NEEDED THROUGH THE END OF 2016 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE' ARKANSAS: Section l. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #16-11and authorizes the purchase of topsoil from Les Rogers, Inc. in the amount of $l2.40per cubic yard delivered and $8.50 per cubic yard picked up in variable amounts as needed through the end of 2Oß. CW of Fayettev¡lle, Arkanses Page I Printed on 1/6nuo City of Fayetteville Staff Review Form 2015-0608 Legistar File lD tl5l2Ot6 City Council Meeting Date - Agenda ltem Only N/A for Non-Agenda ltem Terry Gulley 1.2/1.1./2015 - --. -]rantoortation services / Tra nsportation Services Depa rtment Submitted By Submitted Date Action Recommendation: Division / Department A resolution awarding Bid 16-11- to and authorizing the purchase of screened topsoil from Les Rogers, lnc., in variable amounts, as needed through the end of calendar year 2016. Budget lmpact: Project Number Budgeted ltem? Yes Does item have a cost? Yes Budget Adjustment Attached? No Various Fund Va rious Project Title Current Budget 5 Funds Obligated S CurrentBalance ll __ I Item Cost Budget Adjustment Remaining Budget Various Account Number Various v201 4071 0 Previous Ordinance or Resolution # Original Contract Number:Approval Date: Comments: The "item cost" and "current budget" boxes have been left blank because these items will vary depending upon the Transportation Division's fluctuating needs based on citizen service requests received, construct¡on projects approved, and other variable factors. CITY OF CITY COUNCIL AG=NDA MEMO 5RKANSA MEETING OF JANUARY 5, 2016 Mayor and City Council Don Marr, Chief of Staff Terry Gulley, Transportation Services Director December 11,2015 B¡d 16-11, Screened Topsoil TO: THRU: FROM: DATE: SUBJECT: RECOMMENDATION: A resolution awarding Bid 16-1 1 to and authorizing the purchase of screened topsoil from Les Rogers, lnc. for a unit price o'f $12.40 per cubic yard for delivered top soil and $8.50 per cubic yard for picked-up top soil, as needed, through the end of calendar year 2016. BACKGROUND: The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to implement the projects outlined in the Capital lmprovements 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 was submitted by Les Rogers, lnc. This vendor has been used in the past and their product meets all necessary specifications. BUDGET/STAFF IMPACT: Funds for the acquisition of materials and services have been budgeted in various capital projects within the Sales Tax Capital lmprovements Fund and Street Fund operating programs. ATTACHMENTS: Bid 16-ll Tabulation Bid Submittal Mailing Address: 113 W. Mountain Street Fayetteville, AR72701 www.f ayettevi lle-a r. gov CITY OF Bid:16-ll Date:11-20-15 TIME:2:00 PM CITY OF FAYETTEVILLE RKA le AS B¡d 1 6-11, Screened Topsoil Les Rogers lnc PLANT LOCATION FOR PICKUP Elkhorn Springs Rd, Fayetteville Item Descr¡pt¡on Est GY Price Per Unit Extended Price 1 Topsoil - DELIVERY - Per cubic yard for top dressing and landscaping projects. All Topsoil shall be screened to remove large rocks, roots, and other debris 1,500 $ 12.40 $ 18,600.00 2 Topsoil - PICK UP BY CIW STAFF - Per cubic yard tor top dressing and landscaping projects. AllTopsoil shall be screened to remove large rocks, roots, and other debris 1,500 $ 8.50 $ r2,750.0a *NOTICE: Bid award ¡s contingent upon vendor meeting m¡nimum specifications and formal authorization by Gity officials. A. Rennie, Purchasing Agent ITY e e)tl0vilffi ARKANSAS City of Fayetteville, Arkansas Purchasing Division - Room 306 113 W. Mountain St. Fayetteville, AR727Ot Phone: 479.575.822A TDD (Telecommunication Device for the Deaf): 479.52I.13L6 INVITATION TO BID: Bid 1"6-11,, Screened Topsoil DEADLINE: Friday, November 20,2015 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 - 1-13 W. Mountain, Fayetteville, AR777Ot PURCHASING AGENT: Andrea Foren Rennie, CPPO, CPPB, aforen@favetteville-ar.sov DATE OF ISSUE AND ADVERTISEMENT: Friday, Oct. 23, 2015 & Oa. 30, 2015 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 Ín 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 biddiøg;all of which are made a part of this offer- This offer is not subject to withdrawal unless upon mutualiwritten agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: L "t E-wlail:L¿s Business Address: bn f . l5 T^ S+l^"uf tr citv,Tø-/eff-r.¿ ; l( <-- state: ha ,,r, sienut*!4!-]- ¿{ Date: /l- g- City of Fayetteville, AR B¡d 1Ç1L, Screened Topsoil Page L of 12 ,,rt", -Preçi{*nt Phone: //7? 4q3?l ?a 727¿ / /5 INVITATION TO BID 11, Screened ï City of Fayetteville B¡d 1G11" Screened Topsoil Bid Form Topsoi I :: DEL!!-ERY :, P"r cubic., l , yard {orrtop dressing and landscaping projects. All Topsoilshqll besç¡eened to ' remove large ¡rocks, roots, and :,,, Topsoil- PICK UP BY CITV SÍAFF - Per cubic yard for top dressíng and landscaping projects. AllTopsoil shall be screened to remove large rocks, roots, and other debris f.so = 5/2r- '^1500 cY X s NAMEOF FIRM Lus 0"" €33 .P ¡.f L ' PI.ANT LOCATION FOR PICIYP BY CITY Sf,AFF I tf har n SVr;,,t e¿, **Bidders shall not be required to bid on all line items. Price per cubic yard. FOB Delivery price shall include all delivery charges to City yard 1525 S. Happy Hollow, Fayetteville, Arkansas. Date required shall be on an as needed basis as notifìed by City Staff. All materials are FOB City Transportation Department, Happy Hollow Road, Fayetteville on an ''AS NEEDED BASIS" unless specified upon order that it shall be picked up by the City. ALL UNSIGNED BIDS SHALL BE REJECTED. RESTRICTIONS OR EXCEPTIONS TO THE B]D SHALL BE NOTED HERE: THIS BID FORM CONTINUES ON THE NE}T PAGE City of Fayetteville, AR Bid 1G11, Screened Topsoil Page2of 12 ÐGCUÏON OF BID- Actùâl specification of any deficient item shall be noted on the bid sheet or sepañ¡te attachment. lf specifications of item bid differ from prwided literature, deviation shall be documented and certified by the manufacturer as a regula r productîon opt¡on. Upon signing this Bi{ the bidder certifies thab 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. l, 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 límited 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. lf no relationship exists, thís should also be stated ìn your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a res9of your response- 1.)NO KNOWN RELATTONSHTP EXTSTS 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 7926 - 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 sþning 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 debarmen! declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR B¡d 1ç11, Screened Topsoil Page 3 of 12 Unsigned bids will be rejected. ttems marked * are mandatory for consideration. +NAMEOF FIRM: *D/BI Aor Corporation Name *BUSINESSADDRESS: b L 7 E, I5 ,A Sf r"& *crw:Povv elferl,'//< -rro *srATE: ---r$z-*zt*727o / FÆ(: 47î'/{28¿33 *E-MAIL: /^€S *BY: (PRINTED NAME) DUNSNUMBER: 33 o qZ6o 41 CAGE NUMBER: *rAù(TDNUMBER: 7/ O ¿ ç ¿' I I ¿ Aòknowledge Addendums: Addendum No- Dated:Acknowledged by: Acknowledged by: Acknowledged by: Addendum No- Addendum No- Dated: Dated: City of Fayetteville, AR B¡d 16-11, Screened Topsoil Page 4 of 12 Order/Poymenß shall be issued to thís name SIGl\.lATURE: Crtyof Fayettanille B¡d 1C11, Screened Topsoil 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 shallsubmit bids based on documentation published bythe Fayetteville Purchasing Division. c Bids shall be enclosed in sealed ervelopes or packages addressed to the Cíty of Fayetteville, Purchasing Division, Room 306, 1L3 W- Mountain, Fayetteville, AR72701- The name, address of thefirm 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 shall 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. Failure to provide materials bid will subiect bidder to disqualification for the remainder of the calendar vear. Failure to deliver poor or inadequate services, on a consistent basls or more than three 13) times in a calendar vear will subject bidder to disqualif¡cation for the remainder of the calendar vear. 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. Propose/s desire to take exception to a non-negotiable term will not disqualify it from consideration for award. C. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the deadline 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. i. B¡d pricing shall remain good and firm until December 3t,2OL6. 2. WRTTTEN REQUESTS FOR INTERPRFI'ATONS 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 writíng 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 b¡d. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or ínterpretation of the proposed bid made or given prior to the award of the contract. 3- DESCRIFI'ION 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. City of Fayetteville, AR Bid 1G1L, Screened Topsoil Page 5 of 12 4.RTGHTS OF Cl'fY OF FAYETTEVIEE BID PROCESS: ln 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 cancelthe 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 changíng the terms of the bid- 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. CONFUCTOF 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 CÍty of Fayetteville Code Section 34-26 titled "Authority of City Employee to Contract With The Cþ". b- All bidders shall promptly notifo Andrea Foren Rennie, Crty Purchasing Agent, in writing of all potential confticts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidde/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 CiW, 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 mailwithin thirty days of receipt of notification. WTTHDRAWAL 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- I.ATE PROPOSAL OR MODI FICATIONS: 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 af @791575-8220 to insure receipt of their submittal documents prior to opening time and date listed- 5. 6. 7. 8. C¡ty of Fayetteville, AR Bid 1G11, Screened Topsoil Page 6 of 12 9- LOCAL STATE. AND FEDERAL COMPI,IANCE 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 922-9-203 The City of Fayetteville encourages all qualrfed 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 srnall, minority and women business enterprises- 1-0. 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, municipalitíes, countíes, or other public agencies or authorities), which may desire to purchase under the terms and condítions of the contract. 1.1.. COLLUSION: The Proposer, by affixing his or her signature to th¡s proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreemen! 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 actíon-" 1.2. RIGHT TO AUDTI-. FOIA. AND JURISDICTTON: a- The City of Fayetteville reserves the privilege of auditing a vendo/s records as such records relate to p.urchases between the City and said vendor. b. Freedom of lnformation Act: CiÇ contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of lnformation Act. lf a Freedom of lnformation Act request is presented to the City of Fayeüeville, lhe (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of lnformation Act (A.C.A. 525-19-i.01 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. 1-3. OTY INDEMNIFICÂTION: The successful bidder(s) agrees to indemnify the CÍty and hold it harmless from and against all claims, liabifity, 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, wilh 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. City of Fayetteville, AR B¡d 1ç11, Screened Topsoil Page 7 of 12 14. VARTANCE FROM SIANDARD TERIvIS & CONDÍTIO}.IS: 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. 1-5. ADA REQUIREMENT FOR PUBUC NOTTCES &TRANSTATON: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.52L-131-6 (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 POUCY FOR RECYCTED MATERIAIS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the Cþ and that such practices will serve as a model for other public entities and private sector companies- 17. PAYMENTS AND INVOICING: The bidder must speciñ7 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 notifyíng 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 thirly 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 bidde/s acceptanoe of \/-¡sa at no additional costs to the Gtyfor expedited payment processing. The City will not agree to any nonrefundable deposít or retainer that would remain property of the bidder even if the hourly work actually perlormed 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 ínvoice. Payments will be made within 30 days of accepted invoice. 18. CANCETI.ATON: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor ín writing of the intention to cancel or wíth cause if at any time the Contractor fails to fulfill or abíde 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. ln 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- ln the event suffìcient 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 fìscal period without penalty or expense to the City- City of Fayetteville, AR Bid 1G11, Screened Topsoil Page 8 of 12 1.9. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISff IONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the C¡ty- lf 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- ln 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. 2O. NON-Ð(CLUSIVE 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 specifìcally 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- ln the case of multiple-term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayelteville 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 respondÍng 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 quest¡ons related to the procurement process. For purposes of this provision lobbying activities shall include but not be limíted to, influencing or attempting to influence action or non-action in connection with any request for proposal, request for qualifìcation, 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- ADDÍTIONAL 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 writíng prior to wor( 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 Ciq/s sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. f n such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. CiÇ.of Fayetteville, AR B¡d LÉL1, Screened Topsoil Page 9 of 1-2 2A. INTEGRI'|Y OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Divisíon 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 othenrrrise, will constîh¡te grounds for rejeclion of srch response. Any such modifications or atterations 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- CERTFICATE OF II.ISURANCE: The successful bidder shall provide a Certificate of lnsurance in accordance with specifìcations listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. lnsurance shall remain valid, when applicable, throughout project completion. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following Ìnsurance which shall be maintained throughout the term of the bid. Any work sublet, the contractor shall require the subcontractor similarly to provide the same insurance coverage- ln case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontrastor to provide, adequate employe/s liability insurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation:Statutory Amount Comprehensive General & Automotive Liabilíty: 5250,000 each person 5500,000 aggregate. Propefi Damage Liability: 26. PRICING: SL00,000 aggregate. a. Pricing shall remain firm from January 01, 201-6 through December 31,,2016- 27. OTHER GENERAL CONDTTIO}.IS: 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 tøx 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 City of Fayetteville, AR Bid 1G1L, Screened Topsoil Page l-O of l-2 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- lt shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidde/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. lf products, components, or services other than those descríbed 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 attent¡on to Andrea Foren Rennie immediately via telephone {479.575.8220} or email {aforen@fayettevílle-ar.sov). lt is the intent and goal of the Clty of Fayettqille Purchasing Division to prryide doa¡ments providing a clear and accurate understanding of the scope of work to be completed and/or gæds to be prwided. We encourôge 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 Foren Rennie, City of Fayetteville, Purchasing Agent via e-mail (aforen@favetteville-ar.eov) 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 fìrms via wrítten 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 hereîn 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 âny 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- l- 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. ln case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the lnstrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee ín and to any monies due or to become due to the successful bldder 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 bidde/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 wrfüen 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. City of Fayetteville, AR B¡d 1G11, Screened Topsoil Page 11 of L2 lf any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein refened to, in relation to any such law, ordinancg regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 28. lNVOlClNG: All invoices shall be presented to the City with the minimum information listed below. a- City Department that ordered the materials or services b. Order Date c- Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoíces. Amounts in the bid shall match invoicing. 29. ATTACHMENTSTO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 1G11, Screened Topsoil Page 12 of 12