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Home My WebLink About209-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 209-20 File Number: 2020-0631 BID #20-59 BRASCO INTERNATIONAL, INC.: A RESOLUTION TO AWARD BID #20-59 AND AUTHORIZE A CONTRACT WITH BRASCO INTERNATIONAL, INC. IN THE AMOUNT OF $92,050.00, PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, FOR THE PURCHASE OF TWELVE SHELTER STRUCTURES BE IT RESOLVED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #20-59 and authorizes Mayor Jordan to sign a contract with Brasco International, Inc. in the amount of $92,050.00 (plus any applicable taxes and freight charges) for the purchase of twelve transit shelter structures. PASSED and APPROVED on 8/18/2020 Attest: ��tt►rrr G,'ER K Kara Paxton, City Clerk TreasurdP ; YE7-rEV1LLf :;= Ilk '4jq 0NA1►00%-0% "In Page 1 Printed on 8119120 • t-,� City of Fayetteville Arkansas 113 West Mountain Street Fayetteville, AR 72701 —� (479) 575-8323 Text File File Number: 2020-0631 Agenda Date: 8/18/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 BID #20-59 BRASCO INTERNATIONAL, INC.: A RESOLUTION TO AWARD BID #20-59 AND AUTHORIZE A CONTRACT WITH BRASCO INTERNATIONAL, INC. IN THE AMOUNT OF $92,050.00, PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, FOR THE PURCHASE OF TWELVE SHELTER STRUCTURES 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 #20-59 and authorizes Mayor Jordan to sign a contract with Brasco International, Inc. in the amount of $92,050.00 (plus any applicable taxes and freight charges) for the purchase of twelve transit shelter structures. City of Fayetteville, Arkansas Page 1 Printed on 811912020 Matt Casey Submitted By City of Fayetteville Staff Review Form 2020-0631 Legistar File ID 8/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/23/2020 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $92,050.00 with Brasco International Inc. for the manufacture and delivery of 12 transit shelter structures. Budget Impact: 4470.800.8820-5809.00 Sales Tax Capital Improvements Account Number Fund 06035.3000 Intersection Improvements & Pedestrian Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 461,975.00 $ 11.18 $ 461,963.82 $ 92,050.00 $ 369,913.82 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: <; CITY OF g FAYETTEVILLE ARKANSAS MEETING OF AUGUST 18T", 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Dane Eifling, Mobility Coordinator DATE: July 23, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $92,050.00 with Brasco International Inc. for the manufacture and delivery of 12 transit shelter structures. RECOMMENDATION: Approval of a contract in the amount of $92,050.00 with Brasco International Inc. for the manufacture and delivery of 12 transit shelter structures. BACKGROUND: Two transit agencies Razorback and Ozark Regional Transit (ORT) service more than one hundred stop locations in Fayetteville and average of approximately 1.8 million rides annually. Most stop location do not have any amenities for seating or shelter. In March 2020 the City Council's Transportation Committee recommended shelters be placed at priority stops in Fayetteville. DISCUSSION: Locations were selected based on the number of boardings at each stop as well as construction feasibility. The Transportation Committee and both transit agencies were involved in the final selection of the priority locations. The locations are: 1. Hill Ave and Martin Luther King Jr. Blvd - Northbound 2. Hill Ave and Martin Luther King Jr. Blvd - Southbound 3. Hill Ave and Stone St — Northbound 4. Hill Ave and Stone St — Southbound 5. Leverett Ave and Berry St - Northbound 6. Leverett Ave and Berry St — Southbound 7. Leverett Ave and Lawson St 8. Leverett Ave and Sycamore St -Southbound 9. Lewis Ave and Reap Dr 10. Mall Ave at the Walmart Supercenter - Northbound 11. Mall Ave at the Walmart Supercenter - Sorthbound 12. Persimmon St and Betty Joe Dr Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds for these improvements will come from Sales Tax Capital Improvements Funds remaining in the 2006 Transportation Bond Street Improvements Project. Ten of the 12 locations will require site prep and construction of concrete pads and access ramps. The City's Transportation division will be constructing concrete pads and ramps with funds for materials to come from the same funding source. Attachments: Recommendation for Award City of Fayetteville Bid 20-59, Bulk Bus Shelters Contract — Between City and Contractor This contract executed this 19 day of August , 2020, between the City of Fayetteville, Arkansas, and Brasco International, Inc.ln consideration of the mutual covenants contained herein, the parties agree as follows: Brasco International, 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 20-59 as stated in Brasco International, Inc.s bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 20-59, all included herein as if spelled out word for word. The City of Fayetteville shall pay Brasco International, Inc. based on their bid proposal in an amount not to exceed Brasco International, Inc.'s proposed price per unit. 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. The City of Fayetteville reserves the right to make additional orders up to 365 days after executed contract at Brasco International, Inc.'s proposed unit pricing plus any cost increase in raw material verified with documentation from the material manufacturer. 3. Brasco International, Inc 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. The Contract documents which comprise the contract between the City of Fayetteville and Brasco International, Inc .consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 20-59 with the specifications and conditions typed thereon. Brasco International, Inc.bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 5. These Contract documents constitute the entire agreement between the City of Fayetteville and Brasco International, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Brasco International, Inc. 6. Brasco International, Inc. shall not assign its duties under the terms of this agreement. 6. Brasco International, 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 Brasco International, 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. Brasco International, Inc. 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, Brasco International, 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. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $S00,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance required herein shall be paid by Brasco International, Inc.. 8 . Brasco International, Inc. Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 9. This contract may be terminated by the City of Fayetteville or Brasco International, Inc. with 30 days written notice. 10. This project shall be completed within 120 calendar days from issue date of Notice to Proceed. 11. Liquidated Damages: Not applicable for this project. 12. 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. 13. 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 City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS I g_DAY OF A„a„,r , 2020. Brasco International, Inc By: " ' ' ignatur r Printed Contra e & Title C' S ATTEST (Signature) (Signature) cwsn1y4 6 4JCZJ Y41V Company Secretary (Printed Name) B iness Adorss M'SCO 4-C. 3ZV00 /ftd11,rj i4j 06A M&d. co. Heir.A A4ii y84 %i City, State & Zip Code Date Signed: 7 Zr LO LO CITY OF F ELD , Mayor NSAS ATTEST:GVERKjl �`v��.•'•CITy '•�F9 0; J ara Paxton, City Clerk — reasurer FgrF •� ' S •' �,LC q/VSA SON �co ,;i�'%'* Date Signed: G Request for Taxpayer Form 9 (Rev. October 2018) Identification Number and Certification Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax Brasco International, Inc. is required on this line; do not leave 2 business name/disregarded entity name, it different from above Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see instructions on page 3): ❑ Individual/sole proprietor or ❑ C Corporation ✓❑ S Corporation ElPartnership ❑ Trustlestate single -member LLC I Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of Its owner. Other (see instructions) ► 5 Address (number, street, and apt. or suite no.) See Instructions. 32400 Industrial Drive 8 City, state, and ZIP code Madison Heights, MI 48071 (Apples to accounts —Unt—d outside the U.S.) requesters name and address (optlonai) 7 List account number(s) here (optionall Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, fora - m - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer Idontification number Number To Give the Requester for guidelines on whose number to enter. j_� �1 � 1318 I -I 31 1 5 6 7 5 2 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. n i Signa re Her U.S. person � ��s/� 4a Here U.S, person ► _ Date ► a General Instructions • Form 1099-DIV (dividends, including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments a Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its Instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/FormW9. a Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage interest), 1098-E (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) identification number (TIN) which may be your social security number • Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number • Form 1099-A (acquisition or abandonment of secured property) (EIN), to report on an information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an information return. Examples of information alien), to provide your correct TIN. returns include, but are not limited to, the following. If you do not return Form W-9 to the requester with a TIN, you might • Form 1099-fNT (Interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. a ro Q. 0 ai c a o O C y C IL u !,E u d t� 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank Brasco International, Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1 following seven boxes. ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership single -member LLC Check only one of the 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): ❑ Trust/estate Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of Its owner. ❑ Other (see instructions) ► 5 Address (number, street, and apt. or suite no.) See instructions. 32400 Industrial Drive code Madison Heights, MI 48071 7 List account number(s) here (optional) Number (Apples to ac 13 raWnia-d wtvde the U S.) Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number ( . However, for a late resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other — m — entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer Identification number Number To Give the Requester for guidelines on whose number to enter. F_T7 F_T_T_T__F Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of � Here U.S, person ► -1,Date ► / / 7 X ZO' zo General Instructions • Form 1099-DIV (dividends, including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise a Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments • Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/FormW9. • Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage interest), 1098-E (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) identification number (TIN) which may be your social security number • Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number • Form 1099-A (acquisition or abandonment of secured property) (EIN), to report on an information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an information return. Examples of information alien), to provide your correct TIN. returns include, but are not limited to, the following. If you do not return Form W-9 to the requester with a TIN, you might • Form 1099-INT (interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-U (Rev. 10-2018) Line # #1 #2 #3 #4 #5 CITY Of FAYETTEVILLE ARKANSAS BID TABULATION BID TAB 20-59, BULK BUS SHELTERS Items Description 5'x12' Bus Stop Shelter (includes delivery) 5'x8' Bus Stop Shelter (includes delivery) Benches (Optional (Includes delivery) Solar Lighting (Optional) (includes delivery) Custom Powder Coating (Optional) (Includes delivery) Total Cost Quantity Required 10 2 12 12 12 ACS Playground Adventures $281,990.00 Unit Total Price Cost $11,957.00 $119,570.00 $14,850.00 $29,700.00 $2,560.00 $30,720.00 $8,500.00 $102,000.00 $0 $0 *NOTICE: Final Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. Brasco International, Inca $92,050.00 Unit Total Price Cost $4,975.00 $49,750.00 $4,500.00 $9,000.00 I $300 $3,600.00 I $1,975.00 $23,700.00 I $500 $6,000.00 ' Bid 20-59, Bulk Bus Shelters Project Overview Project Details Reference ID Bid 20-59, Bulk Bus Shelters Project Name Bid 20-59, Bulk Bus Shelters Project Owner Andrea Foren Project Type ITB Department Purchasing Bid 20-59, Bulk Bus Shelters. The City is seeking bids from qualified vendors for the purchase of a quantity of 12 bus shelters for the initial Project Description order and would like to have 2 options for footprint dimensions of the shelter 5'x8' and 5'x12'. Then, the City would like to be able to purchase the optional benches and solar lighting as optional line items. Open Date Jun 22, 2020 8:00 AM CDT Close Date Jul 14, 2020 2:00 PM CDT Highest Scoring Supplier Brasco International, Inc. Seal status Requested Information W-9 Form Unsealed on Jul 14, 2020 2:01 PM CDT Score 100 pts Unsealed by Adonis Bwashi .� FAY F 7 .. Bid Tab 20-59, Bulk Bus Shelters (BT-89BM) Arkansas Secretary of State Filing # Descriptive Literature on the products being bid Conflict of Interest Jul 14, 2020 2:01 PM CDT Adonis Bwashi Jul 14, 2020 2:01 PM CDT Adonis Bwashi Jul 14, 2020 2:01 PM CDT Adonis Bwashi # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: " has direct or indirect financial interest in the award of the contract to any proponent; ' is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, " has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Adonis Bwashi Jul 14, 2020 2:01 PM CDT No Public Notices Bid 20-59, Bulk Bus Shelters - Public Notice Adonis Bwashi, Jun 18, 2020 3:52 PM CDT City of Fayetteville, Arkansas INVITATION TO BID Bid 20 59, Bulk Bus Shelters The City is seeking bids from qualified vendors for the purchase of a quantity of 12 bus shelters for the initial order and would like to have 2 options for footprint dimensions of the shelter 5'x8' and 5'x12'. Then, the City would like to be able to purchase the optional benches and solar lighting as optional line items. All sealed bids are due by Tuesday, July 14, 2020 before 2:00 PM, Local Time. All bids are due before the time stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated purchase quantities. Bids will be opened and read aloud immediately following the stated deadline. Bid forms can be downloaded from the City's website at http://fayetteville ar.gov/bids. All questions should be directed to Adonis Bwashi, (479)575-8258, abwashi@fayetteville ar.gov. The City reserves the right to reject any and all bids and to waive formalities deemed to be in the City's best interest. Pursuant to Arkansas Code Annotated §22 9 203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville by: Adonis Bwashi, Purchasing Agent P: 479.575.8258 Imcgaugh@fayetteviIle ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 06/21 /2020 Bid 20-59, Addendum 1 Adonis Bwashi, Jul 06, 2020 2:38 PM CDT This Addendum includes a clarification which shall be used by all bidders. 1. Clarification confirmed are as follows: a. The City of Fayetteville would accept a steel alternate for the bus shelters. ._ F4YE TTEVILLE --.- Submissions Supplier Brasco International, Inc Date Submitted Name Email Jul 13, 2020 10:22 AM Sean Loewe sloewe@brasco.com CDT Confirmation Code ODk5NTE= ACS Playground Jul 14, 2020 11:39 AM Rob Green robg@acsplay.com OTAxMTc= Adventures CDT .� FAY ET TF'V It Lk n xHn Nsn Scoring Summary Active Submissions Total Total Base Bid Supplier / 100 pts / 100 pts Brasco International, Inc. 100 pts 100 pts ($92,050.00) ACS Playground Adventures 32.64 pts 32.64 pts ($281,990.00) .V FAY ETT E V ILL A"ANSAS Signatures Name Andrea Foren (Project Owner) Adonis Bwashi (Evaluator) Signatures Line # #1 #2 #3 #4 #5 CITY OF PAYETTIVILLE ARKANSAS BID TABULATION BID TAB 20-59, BULK BUS SHELTERS Items Description 5'x12' Bus Stop Shelter (includes delivery) 5'x8' Bus Stop Shelter (includes delivery) Benches (Optional (Includes delivery) Solar Lighting (Optional) (includes delivery) Custom Powder Coating (Optional) (Includes delivery Total Cost Quantity Required 10 2 12 12 12 ACS Playground Adventures $281,990.00 Unit Total Price Cost $11,957.00 $119,570.00 $14,850.00 $29,700.00 $2,560.00 $30,720.00 $8,500.00 $102,000.00 $0 $0 *NOTICE: Final Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. Brasco International, Inca $92,050.00 Unit Total Price Cost $4,975.00 $49,750.00 $4,500.00 $9,000.00 I $300 $3,600.00 $1,975.00 $23,700.00 I $500 $6,000.00 Bid 20-59, Bulk Bus Shelters Project Overview Project Details Reference ID Bid 20-59, Bulk Bus Shelters Project Name Bid 20-59, Bulk Bus Shelters Project Owner Andrea Foren Project Type ITB Department Purchasing Bid 20-59, Bulk Bus Shelters. The City is seeking bids from qualified vendors for the purchase of a quantity of 12 bus shelters for the initial Project Description order and would like to have 2 options for footprint dimensions of the shelter 5'x8' and 5'x12'. Then, the City would like to be able to purchase the optional benches and solar lighting as optional line items. Open Date Jun 22, 2020 8:00 AM CDT Close Date Jul 14, 2020 2:00 PM CDT Highest Scoring Supplier Brasco International, Inc. Seal status Requested Information Unsealed on W-9 Form Jul 14, 2020 2:01 PM CDT Score 100 pts Unsealed by Adonis Bwashi �. PAY C TTEV 1,LE Bid Tab 20-59, Bulk Bus Shelters (BT-89BM) Arkansas Secretary of State Filing # Descriptive Literature on the products being bid Conflict of Interest Jul 14, 2020 2:01 PM CDT Adonis Bwashi Jul 14, 2020 2:01 PM CDT Adonis Bwashi Jul 14, 2020 2:01 PM CDT Adonis Bwashi # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Adonis Bwashi Jul 14, 2020 2:01 PM CDT No v OF FAYSTTEVILLE ARKANS ARKANSAS Public Notices Bid 20-59, Bulk Bus Shelters - Public Notice Adonis Bwashi, Jun 18, 2020 3:52 PM CDT City of Fayetteville, Arkansas INVITATION TO BID Bid 20 59, Bulk Bus Shelters The City is seeking bids from qualified vendors for the purchase of a quantity of 12 bus shelters for the initial order and would like to have 2 options for footprint dimensions of the shelter 5'x8' and 5'x12'. Then, the City would like to be able to purchase the optional benches and solar lighting as optional line items. All sealed bids are due by Tuesday, July 14, 2020 before 2:00 PM, Local Time. All bids are due before the time stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated purchase quantities. Bids will be opened and read aloud immediately following the stated deadline. Bid forms can be downloaded from the City's website at http://fayetteville ar.gov/bids. All questions should be directed to Adonis Bwashi, (479)575-8258, abwashi@fayetteville ar.gov. The City reserves the right to reject any and all bids and to waive formalities deemed to be in the City's best interest. Pursuant to Arkansas Code Annotated §22 9 203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville by: Adonis Bwashi, Purchasing Agent P: 479.575.8258 Imcgaugh@fayetteville ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 06/21 /2020 Bid 20-59, Addendum 1 Adonis Bwashi, Jul 06, 2020 2:38 PM CDT This Addendum includes a clarification which shall be used by all bidders. 1. Clarification confirmed are as follows: a. The City of Fayetteville would accept a steel alternate for the bus shelters. .� FAAA VILLE A HKA HSAS Submissions Supplier Brasco International, Inc. Date Submitted Name Email Jul 13, 2020 10:22 AM CDT Sean Loewe sloewe@brasco.com Confirmation Code ODk5NTE= ACS Playground Jul 14, 2020 11:39 AM Rob Green robg@acsplay.com OTAxMTc= Adventures CDT .� lT[VILLE A - A inS Scoring Summary Active Submissions Total Total Base Bid Supplier / 100 pts / 100 pts Brasco International, Inc. 100 pts 100 pts ($92,050.00) ACS Playground Adventures 32.64 pts 32.64 pts ($281,990.00) FAY iiE ARN •MSAS Signatures Name Signatures Andrea Foren Andrea Foren ForenlCPPly O,edbyAndrea i Foren, CPPO, CPPB (Project Owner) C P PO, C P P B 05'00' 020.07.17 13:48:34 Adonis Bwashi Digitally signed by Adonis Bwashi DN: cn=Adonis Bwashi, (Evaluator) �v I email=abwashi@fayetteville-ar.gov, c=US Date: 2020.07.17 10:28:43-05'00' W'9 Request for Taxpayer Give Form Form (Rev. October2018) Identification Number and Certification to the requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. f Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Brasco International, Inc. 2 Business name/disregarded entity name, if different from above M— d --- -- - -- —- 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the _ _ _ 4 Exemptions (codes apply only to ca following seven boxes. certain entities, not individuals; see a o ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate Instructions on page 3): ai single -member LLC Exempt payee code (if any) C 2 ,� ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting a LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code( if any) EL another LLC that is not disregarded from the owner for U.S, federal tax purposes. Otherwise, a single -member LLC that �C is disregarded from the owner should check the appropriate box for the tax classification of Its owner. u ❑ Other (see instructions) ► tn� m •a000 is mwme,n.n�rs,a• me u sf CL y 5 Address (number, street, and apt, or suite no.) See instructions. Requester's name and address (optional) 1 32400 Industrial Drive rn 8 City, stale, and 21P code Madison Heights, MI 48071 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN. However, for a resident alien, solo proprietor, or disregarded entity, see the instructions for Part I, later. For other - - IE entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and j Employer Identification number Number To Give the Requester for guidelines on whose number to enter. (—jam j-1—T_T__F Certification Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (e) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign �SUi.gSn.apurrseo n 73Z LOHere en ► Date ► O' General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 _ FAY E T T E V I L L E 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: W4W479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 NVITATION TO BID: Bid 20-59, Bulk Bus Shelters DEADLINE: Tuesday, July 14, 2020 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Adonis Bwashi, abwashi@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Sunday, June 21, 2020 INVITATION TO BID Bid 20-59, Bulk Bus Shelters 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: E-Mail: Business Address: City: Signature: City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 1 of 16 State: Title: Phone: Date: Zip: City of Fayetteville Bid 20-59, Bulk Bus Shelters Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 20-59, Bulk Bus Shelters The City is seeking bids from qualified vendors for the purchase of a quantity of 12 bus shelters for the initial order and would like to have 2 options for footprint dimensions of the shelter 5'x8' and 5'x12'. Then, the City would like to be able to purchase the optional benches and solar lighting as optional line items. All sealed bids are due by Tuesday, July 14, 2020 before 2:00 PM, Local Time. All bids are due before the time stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated purchase quantities. Bids will be opened and read aloud immediately following the stated deadline. Bid forms can be downloaded from the City's website at http://fayetteville-ar.gov/bids . All questions should be directed to Adonis Bwashi, (479)-575-8258, abwashi@fayetteville-ar.gov. The City reserves the right to reject any and all bids and to waive formalities deemed to be in the City's best interest. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville By: Adonis Bwashi, Purchasing Agent P: 479.575.8258 Imcgaugh@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 06/21/2020 City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 2 of 16 City of Fayetteville Bid 20-59, Bulk Bus Shelters Bid Form DATE REQUIRED AS A COMPLETE UNIT: 120 CALENDAR DAYS FROM DATE OF ORDER F.O.B. Fleet Operations Division, 1525 S. Happy Hollow Road, Fayetteville, AR 72701 5'x12' Bus Stop Shelter (includes delivery) 10 $ $ 5' x 8' Bus Stop Shelter (includes delivery) 2 $ $ x. Benches (Optional) (includes delivery) 12 $ $ Solar Lighting (Optional) (includes delivery) 12 $ $ r Custom Powder Coating (Optional) (includes 12 $ $ delivery) Please specify for Unit Bid: Item 1— Manufacturer TOTAL BASE BID: S X, M- Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of product order. THIS BID FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 3 of 16 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 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. 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 20-59, Bulk Bus Shelters Page 4 of 16 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *PHONE: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: DUNS NUMBER: *TAX ID NUMBER: Acknowledge Addendums: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: *STATE: FAX: CAGE NUMBER: Acknowledged by: Acknowledged by: Acknowledged by: Acknowledged by: *ZIP: ALL BIDDERS SHALL REFER TO THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 5 of 16 City of Fayetteville Bid 20-59, Bulk Bus Shelters General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents rior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 6 of 16 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. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". All bidders shall promptly notify Les McGaugh, 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. WITH DRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 7 of 16 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 JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 8 of 16 All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 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. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 9 of 16 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/proposer's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 10 of 16 Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: 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 taxshall 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. 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. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Adonis Bwashi immediately via telephone (479.575.8258) or e-mail (abwashi@fayetteville-ar.Bov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Adonis Bwashi, City of Fayetteville, Purchasing Agent via e-mail (abwashi@fayetteville-ar.gov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 11 of 16 part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this 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. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. 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. 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 invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 12 of 16 City of Fayetteville Bid 20-59, Bulk Bus Shelters Technical Specification ALL BIDDERS SHALL REFER TO THIS "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: NOTICE: c Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. 1. GENERAL- 1.1 All unit(s) bid shall meet or exceed the minimum requirements or they will be deemed incomplete and will not be considered for bid award. 1.2 All specifications written are to minimums, unless otherwise noted. Dimensions of shelters are nominal and may vary as much as 6 inches from stated dimensions. 2. SLIMLINE SERIES PASSENGER WAITING SHELTER PRODUCT SPECIFICATIONS — HIP ROOF PARTIGENERAL 1.01 SECTION INCLUDE A. Design and fabrication of Passenger Waiting Shelters, and related Site Furnishings. 1.02 RELATED WORK A. Concrete and Installation (by others) 1.03 REFERENCES A. The Aluminum Association —Aluminum Design Manual 2010 B. American Welding Society —AWS D1.2/D1.2M: 2008 C. ASCE 7 2010 Minimum Design Loads for Buildings and Other Structures D. ASTM B 209 Specification for Aluminum and Aluminum Alloy - Sheet and Plate E. ASTM B221 Specification for Aluminum and Aluminum Alloy — Extruded Bars, Rods, Wire, Profiles, and Tubes F. ANSI Z97.1-1975 Safety Glazing Materials Used in Buildings G. Americans with Disabilities Act of 1990 (ADA) 1.04 SUBMITTALS A. Product Data — Manufacturer's brochures, specifications, and installation instructions. B. Shop drawings of the complete shelter layout includes cut section and connection details. C. Submit structural engineering design documents bearing the seal of a structural engineer registered in the state of the project upon award (additional fee required). City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 13 of 16 D. Manufacturer's statement of certification that materials meet or exceed all applicable loadings (wind load, live load, dead load, snow load) for the project location in accordance with IBC 2012, and ASCE 7-05. 1.05 QUALITY ASSURANCE A. Shelter shall be designed to comply with local building codes. B. Shelter manufacturer shall have a minimum of 10 years' experience in designing, fabrication, and installing the specified shelter. 1.06 DELIVERY AND STORAGE A. Deliver shelter with roof fully assembled including solar components (if applicable) — no field assembly of roof components or solar lighting system will be accepted. B. Walls and other components shall be assembled to the maximum extent possible in clearly labeled crates and cartons. C. Store Materials in clean, dry area in accordance with manufacturer's instructions. Keep materials in original, unopened containers and packaging until installation. Do not store in direct contact with the sun or rain. 1.07 WARRANTY A. Manufacturer warrants that shelter shall be free from defect in parts and manufacture for a period of one year. B. Manufacturer shall maintain inventory of replacement parts for ten years after delivery of shelter. PART 2 — PRODUCTS 2.01 MANUFACTURER Shelters shall be Models: SL-0512-F-0-HI-AL-TG and/or SL-0508-F-0-HI-AL-TG as manufactured by Brasco International, Inc. or equivalent meeting the specifications below. Shelter to include two full side walls, full rear wall, and open front. 2.02 MATERIALS A. Shelter shall be constructed of modular interchangeable components. B. All structural framing members and mullions shall be one-piece seamless extruded aluminum tubes of 6063-T5 alloy. C. Snap together or two-piece members are not acceptable. D. All roof and glazing frame extruded aluminum sections shall be 6063-T5 alloy. E. All structural connector channels, roof corner key angles, and base anchor boots shall be extruded aluminum sections of 6061-T5 alloy. 2.03 FRAMING MEMBERS A. All vertical support posts and top and bottom horizontal beams (header and sill) shall be 2%" x 2%" x 1/8" thick square tube. B. All vertical and horizontal mullions shall be 1%" x 2%" x 1/8" thick rectangular tube. City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 14 of 16 2.04 STRUCTURAL CONNECTIONS A. All structural connector clips shall be factory applied and shall be concealed when field assembly is complete. B. Field attachment of connector clips is not acceptable. C. Connector clips shall be extruded aluminum as specified in Section 2.02 and shall be 2%" x 2%" x'/" thick, and 1%" x 2%" x %" thick with tapered edges. D. Connector clips shall be attached to frame at main structural joints with two (2) stainless steel hex bolts % - 20 x 1" with flat washers, lock washers, and nuts. E. Mullion clips shall be attached to frame with two (2) %" diameter stainless steel flush break rivets. 2.05 FIELD CONNECTIONS A. All field connections to join modular wall sections shall be concealed with shelter complete and upright. B. Connection to structural clips shall be with two (2) %" countersunk aluminum and stainless -steel drive rivets. C. Finished joint shall be flush. 2.06 FASTENERS A. All fasteners shall be aluminum or stainless steel or a combination thereof and shall be tamper proof. B. Zinc, carbon steel, plated, or any other "non -corrosive" fasteners will not be acceptable. C. Self -tapping or self -drilling fasteners are not acceptable. D. Exposed fasteners shall be finished to match shelter finish. 2.07 WINDOW FRAMING A. Window frames shall be special "F" shaped aluminum extrusion. B. All corners shall be mitered and reinforced with internal screw boss and screws. C. Window frames shall be affixed to shelter frame with 3/16" diameter aluminum flush break rivets approximately 13" on center. D. No window frames shall be shipped loose or unattached to a wall module. E. Window frame shall provide minimum %" engagement of glazing material on all sides. 2.08 GLAZING A. All glazing material shall be 1/4" thick clear tempered safety glass. B. All wall glazing shall be gasketed with continuous extruded PVC dry -set splines. C. Shelter have glazed side walls and rear wall with open front. Wall sections to have aluminum diamond pattern grillwork on lower portion with matching dark bronze anodized finish. 2.09 STANDING SEAM ALUMINUM HIP ROOF A. Roof shall be a standing seam aluminum hip roof. Roof color is will be selected by the City. B. Drainage shall be directed to rear of shelter and away from shelter walls. C. Roof shall not rely on self -tapping or self -drilling screws in tension for containment. City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 15 of 16 D. Self -drilling or self -tapping fasteners in tension (or pull out condition) shall not be an acceptable method of securing roof assembly to frame. 2.10 SOLAR LIGHTING A. Solar lighting is listed as an option on the bid form. The City will select the number of shelters to be equipped with solar lighting. B. Shelter(s) with the solar lighting option shall be equipped with a complete solar lighting package including a solar panel, battery, solar controller, vented aluminum enclosure, and LED light for general shelter illumination. Panel and batteries shall be geographically sized for Fayetteville, AR. C. Solar lighting package shall be fully integrated into the roof of shelter(s) and require no installation. D. A solar powered, dual slot, USB port shall be included with solar lighting package. E. An occupancy sensor for solar lighting shall be included. 2.10 FINISHES A. All exposed aluminum components including anchor boots, roof rafters, etc. shall be powder coated (RAL color to be selected by the City). City of Fayetteville, AR Bid 20-59, Bulk Bus Shelters Page 16 of 16 Bid 20-59, Addendum 1 Date: Monday July 07, 2020 W4W To: All Prospective Vendors From: Adonis Bwashi — 479.575.8220 — abwashi@fayetteville-ar.gov RE: Bid 20-59, Bulk Bus Shelters CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. This Addendum includes a clarification which shall be used by all bidders. 1. Clarification confirmed are as follows: a. The City of Fayetteville would accept a steel alternate for the bus shelters. City of Fayetteville, AR Bid 20 59, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD t479i 521-1315 113 West Mountain-Fayetteviik,AR 72701