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HomeMy WebLinkAbout106-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 106-17 File Number: 2017-0226 BID #17-28 DFI TECHNOLOGIES, INC.: A RESOLUTION TO AWARD BID 417-28 AND APPROVE A CONTRACT WITH DFI TECHNOLOGIES, INC. FOR ONE YEAR'S MAILING SERVICES AT AN APPROXIMATE COST OF $279,369.00 WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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 #17-28 and approves a contract with DFI Technologies, Inc. for one year's mailing services at an approximate cost of $279,369.00, depending upon the volume of mailings, with automatic renewals for up to four additional one year terms. PASSED and APPROVED on 5/16/2017 Attest: Sondra E. Smith, City Clerk Treas +tTrryf ■rrr•r l,,;i /0II1 OIaAt�`ti Page 1 Printed on 5/17/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-6323 Text File File Number: 2017-0226 Agenda Date: 5/16/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 BID #17-28 DFI TECHNOLOGIES, INC.: A RESOLUTION TO AWARD BID #17-28 AND APPROVE A CONTRACT WITH DFI TECHNOLOGIES, INC. FOR ONE YEAR'S MAILING SERVICES AT AN APPROXIMATE COST OF $279,369.00 WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 11: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #17-28 and approves a contract with DFI Technologies, Inc. for one year's mailing services at an approximate cost of $279,369.00, depending upon the volume of mailings, with automatic renewals for up to four additional one year terms. City of Fayetteville, Arkansas Page 1 Printed on 511712017 Cheryl Partain Submitted By City of Fayetteville Staff Review Form 2017-0226 Legistar File ID 5/16/201' City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/25/2017 Utilities Financial Services/ Finance & Internal Services Department( Submitted Date Division / Department Action Recommendation: Awarding Bid 17-28, Mailing Services to DFI Technologies, Inc. for a period of one (1) year with an option for four (4) automatic annual renewals for a total possible contract term of five (5) years. Prices detailed in Bid. Budget Impact: 5400.710.1810-5305.00 & 5500.750.5000- 5305.00 Account Number N/A Project Number Budgeted Item? Yes Water/Sewer and Recycling & Trash Collections Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget.,C3.iYt V20140710 Previous Ordinance or Resolution # Fund N/A Project Title $ 331,050.00 $ $.....__w._ 279,369.00 Original Contract Number: Comments: Approval Date: CITY OF Fay%i —lle ARKANSAS MEETING OF MAY 16, 2017 TO: Mayor and City Council THRU: Paul Becker, Chief Financial Officer CITY COUNCIL AGENDA MEMO FROM: Cheryl Partain, Utilities Financial Services Manager DATE: April 27, 2017 SUBJECT: Approval of a service contract with DFI Technologies, Inc. for Mailing Services for the City of Fayetteville — Prices detailed Per Bid 17-28 RECOMMENDATION: City Administration recommends approval of the resolution and contract awarding to DFI Technologies, Inc. for mail processing for the City of Fayetteville for a period of one (1) year with an option for four (4) automatic annual renewals for a total possible contract term of five (5) years based on the prices detailed in Bid 17-28. BACKGROUND: The City of Fayetteville has had a mailing service for over 25 years. Utilizing a mailing service is a cost savings to the City. The mailing service picks up the City's mail from the US Post Office and has the mail delivered before 9:00 am every morning Monday through Friday. The mailing service picks up City mail twice a day to mail. They pick up utility bills, final utility bills, and delinquency notices and fold and stuffs bills/notices with return envelopes when needed in envelopes and mails for the City. DISCUSSION: Contract costs for mailing services include: Pickup and delivery of mail, folding and putting into envelopes utility bills, final bills, utility delinquency notices, employee retirement & savings statements, arrest warrants, parking management statements along with return envelopes, sorting, barcoding on envelopes and postage. DFI Technologies, Inc. was the lowest bidder for the mailing services. The bids came in as follows: DFI Technologies, Inc. $279,369.00 Mailco, Inc. $281,533.60 Stafford & Assoc., Inc. $416,259.00 Mailing Address: 113 W. Mountain Street wvvw.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Budgeted funds are available in the Water & Sewer — Utilities Financial Services Division operational budget. At this time, it is anticipated that costs will not exceed budgeted amounts for 2017. Attachments: Staff Review Form Signed Agreement Bid Tabulation Bid Submittal — DFI Technologies, Inc. 4 CITY OF City of Fayetteville Bid 17-28, Mailing Services Fay ARKANSAS Vendor:Terms: Renewable up to five (5) years This contract executed this _JLQt�6ay of bAaA , 2017, between the City of Fayetteville, Arkansas, and DFI Technologies, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. DFI Technologies, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 17-28 as stated in DFI Technologies, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 17-28, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay DFI Technologies, Inc. based on their bid proposal in an amount not to exceed prices presented in Bid 17-28 with the exception of postage- rates. Increase in postage rates will be allowed in the event rates are increased bythe United States Postal Service (USPS). Increase in postage rates allowed shall be equal to the increase by the USPS. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and DFI Technologies, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 17-28 with the specifications and conditions typed thereon. B. DFI Technologies, Inc_ bid proposal. C. ' The Notice to Prospective Bidders and the Bid Tabulation, 4. These Contract documents constitute the entire agreement between the City of Fayetteville DFI Technologies, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and DF1 Technologies, _Inc. - 5. DFI Technologies, Inc. shall not assign its duties under the terms of this agreement. 6. DFI Technologies, Inc_ agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from DFI Technologies, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. DFI Technologies, Inc, shall furnish a certificate of insurance addressed to the City of Fayetteville, showing City of Fayetteville, AR Bid 17-28, Mailing Services Page 1 of 3 that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project underthis contract is not protected under Worker's Compensation Insurance, DFI Technologies, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by DFI Technolo ies Inc. Workmen's Compensation Comprehensive General & Automobile Insurance Bodily Injury Liability Property bamage Liability Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 aggregate. DFI Technologies; Inc.. shall furnish proof of licensure as required by all local and state agencies. This contract may be terminated by the City of Fayetteville or DFI Technologies, Inc. with 30 calendar days written notice. 1.0, This contract shall be effective from one year of the date of signed contract. The City reserves the right to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be automatic unless either DFI Technolo ies Ine. or the City notifies the other of its intent to terminate the contract at the end of the contract period. 11. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractprwill 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 photo coping costs pursuant to the FOIA may be assessed for this compliance. 12. Changes in scope or price- Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the Fayetteville City Council in advance of the change in scope, cost or fees. 13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 14. Arbitration Medication. The City will not agree to be forced to mediate or arbitrate any dispute. 15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted invoice. City of Fayetteville, AR Bid 17-28, Mailing Services Page 2 of 3 WITNESS OUR HANDS THISDAY OF ' rel_ 2017. VENDOR NAME: DFI Technolgie'9; Inlc, By: 1 Signature Prin d Contractor Name &Title • 5 I EST (Signature) -Company Secretary (Printed Nome) Business Address City, State & Zip Code Date Signed: G City of Fayetteville, AR Bid 17-28, Mailing Services Page 3 of 3 CITY 0 A' PIFX42274�1�411111111111M M ATTEST: (Signature) Date Signed: 6- N Q a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 h ry p U �' °1 0 0 o o �„ o 0 0 0 0 0 o O o a a O N ad 9W� N 1 N a N_ W N p V O T N O m T L v NO a W _ N V01 ^ N N O D Ol In Ol N O E Q CU Vi N m F- N m v LD N F LL U F N ❑ O w C Q N 0 r 0 0 0 0 p on o 0o 00 0 0 o ' N M -i 0 0 0 0 0 0 0o0 0T 0 0 O ^ O Ol 0 qO LD O O m a m o O 01 N W oN0 vl u v C m N O ~ G m _A 00 ~ N X W l vT V) N V1 V) N u? ul ul N uti ul c� C u u ^ T W W m m O W 9 CTr W 0 0 'C V O rt O m O b O O d O 1 top O O O a/pi v01 toil v1 7 i*1 y o o O O O O o n o O O O p ❑ U V ry h W M O O 1uli •� C ^ W v� _ O N m m O a� omo v a l�D _ L w N N F m Fm O x n N � � w m � U U w ~ V V u 0�0 � N m T� � •- � O O O a p O OO C, 0 OC, T •L 00 ry } Y aV O U C O OO o O O ` u m O O O O N E E cl w � ti 0 N ti Ci E cu c c° - -is z - a •U z E o .� o C W w o ti O m - C w z a Gi Lu m C C a u L u W VI G Q H Z C C •° a m z u Q. ?j 2 U > v K a N 3 a N Y• c u ii Y o m o w❑ w °c° u o (i q a F v v u a` Y N u w_` x v c N a t- Co LL R- OL 0 F4 0 u O� :7 O. 1a.r l L :LLL r1 'i (CITY OF "0*4 Ye Mle ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain St. Fayetteville, AR 72701 Phone- 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 17-28, Mailing Services DEADLINE: Wednesday March 08, 2017 before 2:00:00 PM, Local Time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, imcgaugh@faVetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Thursday February 09, 2017 INVITATION TO BID Bid 17-28 Mailing Services 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: Contact Person: Title: -t E -Mail: w 4,4,-k i J 1-1 , ��,.. _ Phone: Business Address: LC? - 0, �_ s� City. `; t �; u_ State: Zip: Signature: Date: City of Fayetteville, AR Bid 17-28, Mailing Services Page 1 of 20 City of Fayetteville Bid 17-28, Mailing Services Advertisement City of Fayetteville, AR Invitation to Bid Bids 17-28, Mailing Services The City of Fayetteville is accepting bids for the City of Fayetteville's mail processing services. The contract period will be for one year from award of contract, with the option of four one year annual renewals. Sealed bids shall be received by the City of Fayetteville, AR Wednesday March 8, 2017 before 2:00.00 PM focal time}. Bids shall be submitted in a sealed envelope or sealed package labeled Bid 17-28. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time. All interested parties are in to attend. Bids shall be received at 113 West Mountain St.- Fayetteville, Arkansas 72701. Copies of the Bid Documents may be obtained electronically for bidding purposes from the City of Fayetteville Purchasing Division by e -mailing Les McGaugh, City of Fayetteville Purchasing Agent, lmc au h fa etteville- ar.cov or by calling 479-575-8220. Any questions concerning the bidding process should be addressed to Les McGaugh, Purchasing Agent. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the State of Arkansas and the City of Fayetteville for this Work. 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. The City reserves the right to reject any or all Bids and to waive irregularities therein, and all Bidders shall agree that such rejection shall be without liability on the part of the City for any damage or claim brought by any Bidder because of such rejections, nor shall the Bidders seek any recourse of any kind against the City because of such rejections. The filing of any Bid in response to this invitation shall constitute an agreement of the Bidder to these conditions. City of Fayetteville, AR By: Les, McGaugh City of Fayetteville, Purchasing Agent Advertisement Dates: 02/09/17 City of Fayetteville, AR Bid 17-29, Mailing Services Page 2 of 20 City of Fayetteville Bid 17-28, Mailing Services Bid Form ITEM I DESCRIPTION 1 Monthly Bill 2 Shut Off Notice/Past Due 3 Bank Draft 4 Final Bill 5 Collection Letter ITEM DESCRIPTION 14 Employee Retirement & 6 Savings Stateriients 7 Arrest Warrants 8 Parking Management 9 Sex Offender Mail outs $ Accounts Receivable 10 Statements ITEM DESCRIPTION 0-2 oz. letter (price per 11 each) 12 Inserts Total 0-2 oz. certified with return 13 receipt letter 14 Courier fee - price per day r - T;rL I Bid 17-28, Mailing Services Estimated Quantities SECTION A: Utility Bilis Estimated Yearly Unit Price :—$ Total Quantity 375,000 c x ! 85,000 x $_ 125,000 x = $ 5 15,000 x , _ $77 7,500 x - $ Total Bid, Section A (Item 1-5): $ Z + 7e Section B: Standard Monthly Services Estimated Yearly Unit Price Total Quantity 2,Soo x ,1 _ $ 3 6,000 x r� _ $ 7 C3 6,000 x ! ? = $ 2,500 x ,qS = $ c% d o 2,700 x t $ !i fe -7 Total Bid, Section B (items is-, -$ Z Section C: Daily Mail & Other Services Estimated Yearly Unit Price Total Quantity 75,000 x ! _ $ 85,000 x , tai % _ $ . 500 x r . � $ j Z Total Bid, Section C (Items 10-13): $ Total Base Bid $ Section A + Section B + Section C (Sum of Items 1-14): NAME OF FIRM NIS BID FORM CONTINUES ON THE NEXT PAGE., *Bidders shall bid and provide pricing on all line items of all sections in the bid form. Failure to bid on all line items shall result in rejection of bid. The City intends to award this bid to the lowest responsive responsible bidder. City of Fayetteville, AR Bid 17-28, Mailing Services Page 3 of 20 4 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. S. 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. r1.) 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 1925 — 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 17-28, Mailing Services Page 4 of 20 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: r1 Purchase *D/B/A or Corporation Name C. shall be issued to this name *BUSINESS ADDRESS: —? t+ tx,.fti *CITY:� I *STATE: CL.— *ZIP: *PHONE:" — `LlQ `� FAX: `C [ *E-MAIL: *BY: (PRINTED NAME) &Lff—&4;5 *AUTHORIZED SIGNATURE: *TITLE: `• 2n. DUNS NUMBER: *TAX ID NUMBER: a — -5!'L'" Acknowledge Addendums: Addendum No. Dated: Acknowledged by: Addendum No. Dated: 17 Acknowledged by: Addendum No. Dated: City of Fayetteville, AR Bid 17-28, Mailing Services Page 5 of 20 r L U CAGE NUMBER: City of Fayetteville Bid 17-28, Mailing Services References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME:fie BUSINESS ADDRESS: '� . jIi - �,/ Le" -7220 z NUMBER OF YEARS IN BUSINESS: v" HOW LONG IN PRESENT LOCATION: I TOTAL NUMBER OF CURRENT EMPLOYEES: L? FULLTIME PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: —f— FULL TIME PARTTIME PLEASE LEST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS All fields must be completed). Bidders shall have valid experience. 1. .� COMPANY E 0 COMPANY NAE — CITY, STATE, ZIP �:J — a �:IL- U Oct 33 Cr. - CONTACT PERSON t-17 Y _ 751 - I- 5 - TELEPHONE DATE COMPLETED v , f-. � E-MAIL DDRESS f 3. OKI cir COMPANY NAMt CITY, STATE, ZIP A CONTACT PERSON 47 4 - 7,3 `t - . TELEPHONE N,C,4W t v H� DATE COMPLETED q� E-MAIL ADDRESS City of Fayetteville, AR Bid 17-28, Mailing Services Page 6 of 20 12---2,R, - 7 7 CITY, STATE, ZIFY CR - _ c CONTACT PE ON TELEPHONE DATE COMPLETED a 61 r -W E-MAIL AdbAts 4. � ,{(v[ `ter, l►� COMPANY -NAME CITY, STATE, ZIP CONTACT PERSON -?f(` TELEPHONE DATF COMPI, FTED E-MAIL ADDRESS City of Fayetteville Bid 17-28, Mailing Services 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 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 services or products bid will subject bidder to disqualification for the remainder of the calendar year. Failure to deliver poor or inadequate services on -a consistent basis or more than three (3) times in a calendar year will subject bidder to disqualification for the remainder_ of the calendar year. 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. 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 will award bids in their entirety. This agreement shall be effective from one year of the date of signed contract. The City reserves the right to extend the contract by mutual agreement for a period of four (4) additional, one (1) year periods automatically unless either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the contract _period. j. Sid pricing shall remain firm forfve years. 2. WRITTEN RE VESTS 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. City of Fayetteville, AR Bid 17-28, Mailing Services Page 7 of 20 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF !CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel -the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid, 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: 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 Les McOaugh, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in City of Fayetteville, AR Bid 17-28, Mailing Services Page 8 of 20 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 RE UiREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, 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 JURISDIC_ITON: 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 City of Fayetteville, AR Bid 17-2E, Mailing Services Page 9 of 20 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: 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, City of Fayetteville, AR Bid 17-28, Mailing Services Page 10 of 20 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 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/propose r`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 City of Fayetteville, AR Bid 17-28, Mailing Services Page 11 of 20 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. CERTIFICATE OF INSURANCE: The successful bidder shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid during each contract term and shall be provided at each renewal period. For single projects exceeding $20,000 contractor shall submit certificates of insurance within 10 days of notice of notice to proceed, after City Council approval. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance 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. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation: Statutory Amount Comprehensive General & Automotive Liability: $1.,00,000 for each accident Bodily Injury Liability: $500,000 for each accident Property Damage Liability: $500,000 aggregate. 26. PRICING: a. Prices shall include all labor, supervision, materials, equipment, transportation, and services necessary to do a superior quality job. b. Bidder shall state any discounts to apply. Discounts shall be shown for individual items unless all items have the same percentage of discounts. C. Any projects in excess of $20,000 will require additional approval from the Fayetteville City Council prior to authorization of work. Projects exceeding $20,000 will require a 100% performance and payment bond after Council approval at no additional cost to the City. City of Fayetteville, AR Bid 17-28, Mailing Services Page 12 of 20 The City shall reimburse the actual cost of the 100% performance and payment bond for projects over $20,000 to the awarded contractor. Reimbursement cost shall be equal to actual cost of bonds paid by the contractor d. Any projects in excess of $75,000 shall be subject to prevailing wage rates as determined by the Arkansas Department of Labor. Additional hourly fees shall not be charged to the City for projects requiring prevailing wage rates. 27. 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. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax shall not to be included in the bid price; however, applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. b. 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, c. 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. d. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. e. 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. f. 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. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e-mail (Irncpaugh fa etteville-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. h. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imc au h fa etteviile-ar. +ov) 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, City of Fayetteville, AR Bid 17-28, Mailing Services Page 13 of 20 clarifications, or requests will not be disclosed until after a contract is in place. i. 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. j. 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, 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 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. 1. 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, 28. INVOICING: All invoices shall be presented to the City with the minimum information listed below, a. City Department that ordered the materials or services b. Delivery date or the date of services c. Name of the City Employee that requested service d. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 29. Invoicing shall be itemized based upon line item pricing provided with bid. 30. ATTACHMENTS TO BID DOCUMENTS: See included detailed specifications. City of Fayetteville, AR Bid 17-28, Mailing Services Page 14 of 20 City of Fayetteville Bid 17-28, Mailing Services Detailed Specifications Bidders shall bid and provide pricing on all line items of all sections in the bid form. Failure to bid on all line items shall result in rejection of bid. The City intends to award this bid to the lowest responsive responsible bidder. SERVICE REQUIREMENTS: a. Mail shall have a Fayetteville, Arkansas postmark. b. Incoming mail shall be picked up from United States Postal Service and delivered no later than 9:00 am daily. C, Mail, UPS, and FedEx items shall be picked up at least twice daily with the last pick up no earlier than 3:30 PM, Monday through Friday. d. Mail marked "Same Day" shall be metered, sorted, and mailed on the same day collected. e. Mail marked "Next Day" shall be metered, sorted and mailed on the first business day after collection. f. Utility bills shall be processed and mailed no later than the following business day after pick up. g. When utility bills or past due notices are not available for pick up due to equipment problems but are available to be picked up by 10:00 a.m. the following day, they shall be collected and processed for mailing on the same day collected. h. Monthly reports shall be provided detailing total number of pieces, as categorized on the bid form and show processing counts on a daily basis. Sample reporting should be submitted with bid. L Provide daily pickup for all mail packages or UPS packages without additional charge, unless a special trip is made to pick up the pzickage. 2. REQUIRED BIDDER QUALIFICATfONS_ - a. All bidders shall be legally qualified in all respects to do business in the State of Arkansas for the services requested in this bid. b. Bidder shall prepare an Equipment Schedule. The bidder shall have equipment available and adequate experience which, in the opinion of the City, is adequate to complete the work under these specifications in the time allowed for completion. C. It shall be understood that the rates presented by the Bidder shall be for the furnishing of all materials, labor, etc. as required. d. Bidder shall include mileage and travel time as part of this agreement. The City will not assume mileage or travel time costs. e. Bidder shall include a log of the previous month's volume by quantity and type. f. Bidder shall have and maintain all licensing necessary from federal, state, and local agencies. 3. ITEM DESCRIPTIONS AND REQUIREMENTS: a. All pricing shall reflect one total all-inclusive cost, including postage, sorting fees, etc. Prices shall not include printing costs unless stated. Pick up fees, if applicable, shall be provided in with the "Courier fee — per day" item of the bid form. b_ In the event of a postage cost increase, the price per item will only be allowed to reflect the actual postage increase cost. C. Detailed item description —Section A Utility Bills: Services provided in this contract are detailed below. Pricing shall be inclusive of all costs (including postage) unless otherwise stated. City of Fayetteville, AR Bid 17-28, Mailing Services Page 15 of 20 Item 1— Monthly Bill: Fold statement, insert statement and return envelope, meter, sort, and postage. Statement, mailing envelope, and return envelope will be provided by the City. h. Item 2 — Shut Off Notice / Past Due Notices: Fold statement; insert statement, meter, sort, and postage. Statement and mailing envelope will be provided by the City. iii. Item 3 — Bank Draft Notices: Fold statement; insert statement, meter, sort, and postage. Statement and mailing envelope will be provided by the City. iv. Item 4—Final Bill Notices: Fold statement, insert statement and return envelope, meter, sort and postage. Statement, mailing envelope, and return envelope will be provided by the City. Item 5— Collection Letter: Fold letter, insert letter, meter, sort, and postage. Letter and mailing envelope will be provided by the City. d, Detailed item description — Section B, Standard monthly „Services: Services provided in this contract are detailed below. Pricing shall be inclusive of all costs (including postage) unless otherwise stated. Item 6— Employee Retirement & Savings Statements: Fold up to 4 sheets, insert up to 4 sheets, meter, barcode, and sort. Statement and mailing envelope will be provided by the City. Item 7—Arrest Warrants: Fold warrant, insert warrant, meter, barcode, & sort. Warrant and mailing envelope will be provided by the City. iii. Item 8— Parking Management: Fold statement; insert statement, meter, barcode, & sort. Statement and mailing envelope will be provided by the City. iv. Item 9 — Sex Offender Mail Outs: THIS ITEM INCLUDES PRINTING SERVICES. Price includes printing of the mail out (as described below), fold printed items, insert printed items into envelope, and affix first class postage. Price shall be inclusive of all printing, processing, and postage. Mailing envelope will be provided by the City. Volume is expected at 250 per month. 1. Printing services consist of printing the two following items: one (1) 8.5 x 11 black and white mail merge 201b. letter AND one (1) full color 8.5 x 11 201b. description notification. v. Item 10—Accounts Receivable Statements - Fold statement; insert statement, meter, sort, and postage. Statement and mailing envelope will be provided by the City. e. Detailed item_ description —Section C, Daily Mail & Other Services: Item 11—Zero (0) —two (2) ounce letter: Meter, barcode, and sort pieces picked up as needed. City provides all materials, no inserting, and no folding. ii, Item 12—Inserts , Inserts will be provided periodically to be included in the utility bill mail out processing. Some inserts will need to be folded. iii. Item 13 —Zero (0)—two (2) ounce certified with return receipt letter: Meter, barcode, sort, and deliver return receipt; picked up as needed. City provides all materials, no inserting, and no folding. City of Fayetteville, AR Bid 17-28, Mailing Services Page 16 of 20 iv. Item 14— Courier Fee, price per day: Price per day for courier services includes the following: 1. Each trip, twice daily shall include pickup of mail from the US Post Office located on Dickson St. and delivery of that mail to City Hall. Also shall include mail picked up from the City to be processed as specified depending on the item type. 2. Services shall be ran a MINIMUM of two (2) times per day with the last pick up no earlier than 3:30 PM, local time. First pick up & delivery should be before 9:00 AM but no later than 10:00 AM. 3. This courier services excludes weekends and designated City holidays. 4. Courier services shall not be charged on days the City is closed due to inclement weather. 5. Pick up shall include all mail, UPS, and FedEx. 6. See other requirements listed above and under "Service Requirements". City of Fayetteville, AR Bid 17-28, Mailing Services Page 17 of 20 City of Fayetteville Bid 17-28, Mailing Services ®raft Contract -- Between City and Contractor This contract executed this day of covenants contained herein, the parties agree as follows: 2017, between the City of Fayetteville, Arkansas, and In consideration of the mutual . at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 17-28 as stated in bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 17-28, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay _ based on their bid proposal in an amount not to exceed $ I Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice, 3. The Contract documents which comprise the contract between the City of Fayetteville and �._ _consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 17-28 with the specifications and conditions typed thereon, B. _bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4, These Contract documents constitute the entire agreement between the City of Fayetteville and may be modified only by a duly executed written instrument signed by the City of Fayetteville and 5. ___ shall not assign its duties under the terms of this agreement. 5, agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7, shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, shall provide and shall cause City of Fayetteville, AR Bid 17-28, Mailing Services Page 18 of 20 each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by Workmen's Compensation Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 aggregate. 8. shall furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville ore__... _ with 30 calendar days written notice. 10. This contract shall be effective from one year of the date of signed contract. The City reserves the right to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be automatic unless either or the City notifies the other of its intent to terminate the contract at the end of the contract period. a. Projects exceeding $20,000 will require additional approval from the Fayetteville City Council, 11. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, 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 photo coping costs pursuant to the FOIA may be assessed for this compliance. 12. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the Fayetteville City Council in advance of the change in scope, cost or fees. 13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute. 15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted invoice. City of Fayetteville, AR Bid 17-28, Mailing Services Page 19 of 20 WITNESS OUR HANDS THIS DAY OF CONTRACTOR NAME 'M/ Signature Printed Contractor Name & Title ATTEST (Signature) Company Secretary (Printed Name) Business Address City, State & Zip Code Date Signed: City of Fayetteville, AR Bid 17-28, Mailing Services Page 20 of 20 2017. CITY OF FAYETTEVILLE, ARKANSAS By: LIONELD JORDAN, Mayor ATTEST. (Signature) Sondra E. Smith, City Clerk, Treasurer Date Signed: