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HomeMy WebLinkAbout103-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 103-2.1 File Number: 2024-1797 BID 2.1-26 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #24-26 AND AUTHORIZE THE PURCHASE OF TWO SUBMERSIBLE PUMPS FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF S200,053.30, PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-26 and authorizes the purchase of two submersible non -clog wastewater pumps from Jack Tyler Engineering, Inc. in the amount of S200,053.30, plus any applicable taxes and freight for use at the Noland Water Resource Recovery Facility. PASSED and APPROVED on March 19. 2024 Page 1 Attest: Kara Paxton, City CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 19, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Bid 24-26 Jack Tyler Engineering — Noland IPS Pumps RECOMMENDATION: 2024-1797 Staff recommends awarding Bid 24-26 and authorizing the purchase of two submersible non -clog wastewater pumps for the influent pump station at the Noland Water Resource Recovery Facility from Jack Tyler Engineering, Inc. in the amount of $200,053.30 plus applicable taxes and freight charges. BACKGROUND: The Noland Water Resource Recovery Facility (WRRF) has six (6) submersible pumps at its influent pump station (IPS). All the pumps are currently operational, but staff has the pumps on a CIP replacement schedule to replace 2 pumps per year for the next 3 years. The Noland influent pump station is extremely critical, and it's within the City's best interest to replace these pumps before they fail or have issues due to old age. DISCUSSION: The City solicited formal bids for this replacement pump per Bid 24-26, and Jack Tyler Engineering was the only bidder that met all the specifications and requirements. Staff recommends awarding Bid 24-26 and authorizing the purchase of two submersible pumps for the Noland influent pump station from Jack Tyler Engineering, Inc. in the amount of $200,053.30 plus applicable taxes and freight charges. This purchase will replace two of the six influent pumps to ensure the Noland influent pump station stays fully operational. Freight is estimated at $2,000.00 for both pumps, and taxes are estimated at $19,700.20 for a total estimated cost of $221,753.50. BUDGET/STAFF IMPACT: Funds are available in the WWTP Plant Pumps and Equipment account within the Water & Sewer fund. ATTACHMENTS: SRF (#3), Bid 24-26, Bid Tab - Final (#4), Bid 24-26, Submittal - Jack Tyler Engineering - E (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1797 Bid 24-26 Jack Tyler Engineering — Noland IPS Pumps A RESOLUTION TO AWARD BID #24-26 AND AUTHORIZE THE PURCHASE OF TWO SUBMERSIBLE PUMPS FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $200,053.30, PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES 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 #24-26 and authorizes the purchase of two submersible non -clog wastewater pumps from Jack Tyler Engineering, Inc. in the amount of $200,053.30, plus any applicable taxes and freight for use at the Noland Water Resource Recovery Facility. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-1797 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/1/2024 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid 24-26 and authorizing the purchase of two submersible non -clog wastewater pumps for the influent pump station at the Noland Water Resource Recovery Facility from Jack Tyler Engineering, Inc. in the amount of $200,053.30 plus applicable taxes and freight charges. Budget Impact: 5400.730.5800-5801.00 Water & Sewer Account Number Fund 02069.1 WWTP Plant Pumps and Equipment Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,622,210.00 $ 169,396.99 Is 1,452,813.01 $ 221,753.50 1,231,059.51 V20221130 Purchase Order Number: Change Order Number: Original Contract Number: Previous Ordinance or Resolution # Approval Date: Comments: Freight is estimated at $2,000.00 for both pumps, and taxes are estimated at $19,700.20 for a total estimated cost of $221,753.50. CITY OF FAYETTEVILLE ARKANSAS BID TABULATION Bid 24-26, Noland IPS Pump DEADLINE: Tuesday, February 27, 2024 at 2:00 PM JACK TYLER ENGINEERING INC TOTAL $200,053.30 Line # Description QTYJ UOM Unit 1 I Submersible Non -Clog Wastewater Pump 2 1 EA $100,026.65 2Jf Kenny Fitch, Purchasing CITY OF _ FAYETTEVILLE ARKANSAS Bid 24-26 Addendum 1 JACK TYLER ENGINEERING INC JACK TYLER ENGINEERING INC Supplier Response Event Information Number: Bid 24-26 Addendum 1 Title: Noland IPS Pump Type: Invitation to Bid Issue Date: 2/4/2024 Deadline: 2/27/2024 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors for the purchase of one (1) submersible non -clog wastewater pump. This bid is for the purchase of equipment only; installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch@fayetteville-ar.gov or by calling (479) 575- 8258. Contact Information Contact: Kenny Fitch Purchasing Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: kfitch@fayetteville-ar.gov Page 1 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 24-26 Addendum 1 JACK TYLER ENGINEERING INC Information Address: 6301 S. University LITTLE ROCK, AR 72209 Phone: (501) 562-2296 Fax: (501) 562-4273 Toll Free: (800) 562-2296 Web Address: jteng.com By submitting your response, you certify that you are authorized to represent and bind your company. Mariah Qualls mariah.garcia895@gmail.com Signature Email Submitted at 212612024 03:24:40 PM (CT) Requested Attachments Bid 24-26, Bid Form and Signature Pages Bid Submission.pdf Please attach your signed, completed form. This can be found in the 'Attachments' tab. Response Attachments 022624KCA - Noland IPS Quote.pdf Scope of Supply Bid Attributes 1 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the 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. ❑✓ Yes ❑ No 2 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. ❑✓ Yes ❑ No 3 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 2 1 agree Bid Lines Page 2 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 24-26 Addendum 1 1 Submersible Non -Clog Wastewater Pump Quantity: 2 UOM: EA Price: $100,026.65 Total: $200,053.30 Supplier Notes: I Price is each as per UOM, total for both is $200,053.30 Response Total: $200,053.30 Page 3 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 24-26 Addendum 1 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 24-26, Noland IPS Pump DEADLINE: Tuesday, February 27, 2024 before 2:00 PM, Local Time PURCHASING AGENT: Kenny Fitch, kfitch@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 02/04/2024 INVITATION TO BID Bid 24-26 Noland IPS Pump No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 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 Division. City of Fayetteville, AR Bid 24 26, Noland IPS Pump Page 1 of 16 City of Fayetteville Bid 24-26, Noland IPS Pump Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 24-26, Noland IPS Pump Bid 24-27, Aeration Basin Drain Pump The City of Fayetteville is seeking bids from qualified vendors for the purchase of one (1) submersible non -clog wastewater pump and one (1) horizontal grip pump. These bids are for the purchase of equipment only; insta,lation will be the responsibility of the City. Pumps are bid separately. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch@fayetteville-ar.gov or by calling (479) 575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville-ar.gov/bids. All beds shall be received by Tuesday, February 27 2024 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed phys'cal bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffgyetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayettev;lle Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 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. Any bidder providing a service shall be registered with the Arkansas Secretary of State before the bid deadline. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Kenny Fitch, Purchasing Agent P: 479.575.8258 kfitch fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 02/04/2024 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR Bid 24 26, Noland IPS Pump Page 2 of 16 City of Fayetteville Bid 24-26, Noland IPS Pump Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayettevilie-ar, ov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) 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. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder 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(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the 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. City of Fayetteville, AR Bid 24 26, Noland iPS Pump Page 3 of 16 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 6. 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. 7. 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): 8. 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. 9. As s 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 ineligib e, or voluntarily excluded from participation in this transaction by any federal department or agency_ City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 4 of 16 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: J LL Kl< I X eviU lyi ri Vl _ Purchase Of *D/B/A or Corporation Name JO,K rt\1(. r 6-10; sha//be issued to this name *BUSINESS ADDRESS: *CITY: l *STATE: *ZIP: 7I�Zix1 *PHONE: G7101- c��7.' Z?A(,e FAX: *E-MAIL: aj[ +e_K . (pm lA A *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: UNIQUE ENTITY NUMBER: r *TAX ID NUMBER: CAGE NUMBER: Acknowledge Addendums: + Addendum No. i Dated: Z��12 Acknowledged by: You A� Addendum No, Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: C.ty of Fayettevdle, AR Bid 24 26, Noland IPS Pump Page S of 16 City of Fayetteville Bid 24-26, Noland IPS Pump 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. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https:/Iwww.youtube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents prior 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 feast equal quality, City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 6 of 16 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: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Kenny Fitch, 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 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) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 24 26, Noland IPS Pump Page 7 of 16 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 8 of 16 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. 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. 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 City of Fayetteville, AR Bid 24 26, Noland IPS Pump Page 9 of 16 delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 10 of 16 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. 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, when applicable, throughout project completion. 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'nsurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation: Statutory Amount Comprehensive General & Automotive Liability: $250,000 each person $500,000 aggregate Property Damage Liability: $100,000 aggregate 26. 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 taxshOnotbeinciudedin thebidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 11 of 16 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 Bidder in responding to this solicitation 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 Bidder for any expense so incurred, regardless of whether or not the submittal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Kenny Fitch immediately via telephone (479.575.8258) or e-mail (kfitch@fayetteyille-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. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Kenny Fitch, City of Fayetteville, Purchasing Agent via e-mail (kf;tch@fayetteville-ar.gov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information 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 ail 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 b'dder shall keep himself/herself fully informed of all laws, C'ty of Fayettevi,:e, AR B d 24-26, Noland IPS Pump Page 12 of 16 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. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 24-26, Noland iPS Pump Page 13 of 16 City of Fayetteville Bid 24-26, Noland IPS Pump Technical Specifications ALL BIDDERS SHALL COMPLETE THIS "TECHNICAL SPECIFICATIONS" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATIONS" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a.), bidder shall write a "check mark' or write "ryes" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification and can result in bidder DISQUALIFIG4 T/ON. Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. 1. GENERAL- 1.1 It is the intent of the following specifications to describe a submersible non -clog wastewater pump. 1.2 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. 1.3 All specifications written are to minimums, unless otherwise noted. 1.4 Unit(s) bid shall be new and of the latest standard production model as offered for commercial trade. 1.5 A list containing a minimum of three (3) users/references shall accompany this bid to qualify as a responsible bidder. Listing shall contain company, primary contact name, e-mail, phone number, and date of purchase. Users/references shall have had similar equipment purchased within the past five (5) years. 2. MANUFACTURER/MODEL- 2.1 General: a. Pump shall be equipped with a 70HP submersible electric motor, connected for operation on 460 volts, 3 phase, 60 hertz, single wire service, with 50 feet of submersible cable (SUBCAB) suitable for submersible pump applications. b. ✓ The power cable shall be sized according to NEC and ICEA standards and meet with P- MSHA approval. c. ✓ The cable entry seal design shall preclude specific torque requirements to insure a watertight and submersible seal. d. ✓ Pump shall be provided with a positively driven dual, tandem mechanical shaft seal system consisting of two seal sets, each having an independent spring. e. ✓ The integral pump/motor shaft shall rotate on two bearings. f. ✓ The pump and motor shaft shall be a single piece unit. City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 14 of 16 g. The impeller shall be of at least 25% chrome cast iron, dynamically balanced, semi -open, multi -vane, back swept, screw -shaped, non -clog design. 3. TECHNICAL SPECIFICATIONS- 3.1 Pum a. Pump shall be capable of delivering 4950 GPM at 41.7 FT. TDH. b. / Pump shall be capable of operating in a continuous non submerged condition, a vertical position in a dry pit installation, permanently connected to inlet and outlet pipes. c. ✓ Pump shall be of submersible construction and will continue to operate satisfactorily should the dry pit be subjected to flooding. d. ,/ Pump shall include an inlet elbow and pump stand. Inlet elbow shall have an inspection cover. e. ✓ Major pump components shall be of grey cast iron, ASTM A-48, Class 356, with smooth surfaces devoid of blow holes or other irregularities. f.The lifting handle shall be stainless -steel. g.�All exposed nuts or bolts shall be stainless -steel. h.v' All metal surfaces exposed to the sewage, other than stainless steel or brass, shall be protected by a factory applied spray coating of a polyester resin paint finish on the exterior of the pump. i. ,/ Sealing design shall incorporate metal -to -metal contact between machined surfaces. j.— Critical mating surfaces where watertight sealing is required shall be machined and fitted with Nitrile rubber O-rings. 3.2 Motor: a. Unit shall be provided with an integral motor cooling system. b. The pump motor shall be a NEMA B design, induction type with a squirrel cage rotor, shell type design, housed in an air filled, watertight chamber. c. ✓ The stator windings shall be insulated with moisture resistant Class H insulation rated for 180°C (356°F). d. L/ The stator shall be insulated by the trickle impregnation method using Class H monomer free polyester resin resulting in a winding fill factor of at least 95%. e.�_ The motor shall be inverter duty rated in accordance with NEMA MG1, Part 31. f.The stator shall be heat -shrink fitted into the cast iron stator housing. The use of multiple step dip and bake -type stator insulation process is not acceptable. The use of pins, bolts, screws or other fastening devices used to locate or hold the stator and that penetrate the stator housing are not acceptable. g. ✓ The motor shall be designed for continuous duty while handling pumped media of up to 104°F. h. ✓ The motor shall be capable of no less than 30 evenly spaced starts per hour. i.The rotor bars and short circuit rings shall be made of aluminum. j.The rotor bars and short circuit rings shall be made of aluminum. k.Three thermal switches shall be embedded in the stator end coils, one per phase winding, to monitor the stator temperature. These thermal switches shall be used in conjunction with and supplemental to external motor overload protection and shall be connected to the motor control panel. I.The junction chamber shall be sealed off from the stator housing and shall contain a terminal board for connection of power and pilot sensor cables using threaded compression type terminals. The use of wire nuts or crimp -type connectors is not City of Fayetteville, AR Bid 24 26, Noland IPS Pump Page 15 of 16 acceptable. M. ✓ The motor and the pump shall be produced by the same manufacturer. n.The motor service factor (combined effect of voltage, frequency and specific gravity) shall be 1.15. o. ✓ The motor shall have a voltage tolerance of +/-10%. p.The motor shall be designed for continuous operation in up to a 40°C ambient and shall have a NEMA Class B maximum operating temperature rise of 80°C. q.A motor performance chart shall be provided upon request exhibiting curves for motor torque, current, power factor, input/output kW and efficiency. The chart shall also include data on motor starting and no-load characteristics. r.. Motor horsepower shall be sufficient so that the pump is non -overloading throughout its entire performance curve, from shut-off to run -out. s. J The motor and cable shall be capable of continuous submergence underwater without loss of watertight integrity to a depth of 65 feet or greater. 3.3 Volute / Suction Cover a.The pump volute shall be a single piece grey cast iron, ASTM A-48, Class 35B, non - concentric design with smooth passages of sufficient size to pass any solids that may enter the impeller. b. Minimum inlet and discharge size shall be as specified. c.�L The volute shall have a replaceable suction cover insert ring in which are cast spiral - /shaped, sharp -edged groove(s). d. ✓ The spiral groove(s) shall provide trash release pathways and sharp edge(s) across which each impeller vane leading edge shall cross during rotation so to remain unobstructed. e. ✓ The insert ring shall be cast of at least 25% chrome cast iron and provide effective sealing between the multi -vane semi -open impeller and the volute housing. 3.4 Prote ion a. rThe motor shall be protected by three bi-metal Thermal switches for thermal control of the stator. b. ✓ There shall be one float switch in leakage chamber to monitor leakage in the leakage chamber. c. ✓ There shall be one float switch in the terminal connection housing to monitor any leakage thru the cables and the cable entries. 3.5 Warranty a. ✓ Warranty shall begin at the time the pump is installed. b. ✓ Pump shall be provided with prorated a 60-month (5 year) warranty against defects in materials and or workmanship. c. ✓ The warranty shall be the latest revision in printed form and previously published as the manufacturer's standard warranty for all similar manufactured units. d. ✓ A certificate shall be provided to the City of Fayetteville with the local contact information and effective start-up date. City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 16 of 16 Bid 24-26, Addendum 1 IVDate: Tuesday, February 6, 2024 To: All Prospective Vendors From: Kenny Fitch - 479.57S.8258 — kfitch@favetteville-ar,gov RE: Bid 24-26, Noland IPS Pump CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made apart of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERSSHALL ACKNOWLEDGE THISADDENDUM ON THE DESIGNATED LOCATION ON THEM FORM. • QUANTITY UPDATE: o The number of pumps being requested with this bid is increased to two (2) total pumps. The pumps shall be identical. The Line Item has been updated to reflect the additional quantity. City of Fayetteville, AR Bid 24-26, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479f 521 1316 113 West Mountain - Fayetteville, AR 72701 JACK TYLER ENGINEERING INCORPORATED Monday, February 26, 2024 TO: City of Fayetteville SUBJECT: Noland IPS Budget Quote QUOTATION: 022624KCA — Noland IPS Jack Tyler Engineering, Inc. is pleased to offer the following item referenced project. If you wish for us to supply any items not IIStE possible. Please continue reading below for our detailed scope o YOU. SECTION 1 — Pump Station Equipment Qty Description 2 Flygt 3301 Pump, NT626-12" Discharge 70HP, 46C 2 MiniCAS Relay with Socket 2 Inlet Elbow DN350x16" ANSI Cl 2 NT Vertical Dry Installation Stand 1 Freight DELIVERY: 16 - 18 Weeks, After Approved Submittals PACKAGE PRICE: $200,053.30 APPLICABLE TAXES ARE NOT INCLUDED IN QUOTED PRIC Respectfully Submitted, Kammi Conway Applications Engineer, Municipal Aftermarket Jack Tyler Engineering, Inc ENGINEERED SOLUTIONS FROM PEOPLE WHO CARE 6301 S University Ave, Little Rock, AR 72209 PH: (501) S62.2296 wwwJteng.cor JACK TYLER ENGINEERING INCORPORATED Monday, February 26, 2024 TO: City of Fayetteville SUBJECT: Noland IPS Budget Quote QUOTATION: 022624KCA — Noland IPS Jack Tyler Engineering, Inc. is pleased to offer the following items for your inclusion in the above referenced project. If you wish for us to supply any items not listed below, please inform us as soon as possible. Please continue reading below for our detailed scope of supply. We look forward to working with you. SECTION 1 — Pump Station Equipment Qty Description 2 Flygt 3301 Pump, NT626-12" Discharge 70HP, 460V, 3Ph 2 MiniCAS Relay with Socket 2 Inlet Elbow DN350x16" ANSI Cl 2 NT Vertical Dry Installation Stand 1 Freight DELIVERY: 16 - 18 Weeks, After Approved Submittals PACKAGE PRICE: $200,053.30 APPLICABLE TAXES ARE NOT INCLUDED IN QUOTED PRICE Respectfully Submitted, Kammi Conway Applications Engineer, Municipal Aftermarket Jack Tyler Engineering, Inc. ENGINEERED SOLUTIONS FROM PEOPLE WHO CARE 6301 S University Ave, Little Rock, AR 72209 PH: (501) 562.2296 www.jteng.com JACK TYLER ENGINEERING, INCORPORATED 6301 S. UNIVERSITY AVENUE, LITTLE ROCK, ARKANSAS 72209 (501) 562-2296 • FAX (501) 562-4273 • ARKANSAS WATS 1-800-562-2296 STATEMENT OF TERMS AND CONDITIONS TERMS/PAYMENTS: Our terms of payment are net cash 15 days from date of the invoice subject to Seller's prior credit approval. If the Buyer shall fail to make any payments in accordance with the terms and conditions of sale, the Seller, in addition to its other rights and remedies, but not in limitation thereof, may, at its option, without prior notice, cancel this order as to any undelivered products or defer shipments or deliveries hereunder, or under any other agreement between Buyer and Seller, except upon Seller's receipt of cash before shipment or such security as Seller considers satisfactory. Seller reserves the right to impose an interest charge of 16%on the balance of each invoice not paid on its due date for the period from the due date to the date of receipt of payment by Seller. In the event Buyer's failure to make timely payments to Seller results in Seller incurring additional costs, including but not limited to collection expenses and attorneys' fees, said costs shall be added to the amount due Seller from Buyer. Buyer shall have no right to any discount or retainage and shall not withhold payment as a set-off on Seller's invoice in any amount. Visa, MasterCard, Discover, and American Express credit card purchases are accepted. SHIPMENT: The date of shipment is subject to our receiving your order with complete information at our office, final approval of any prints or drawings as may be required, credit approval, and the acceptance of your order by the company. Freight Charges are not included in the quoted price. EXPIRATION: Quotation expires 30 days from the date of proposal and, in the interim, is subject to change without notice. TAXES: Unless otherwise stated in the proposal, the prices quoted herein are exclusive of all sales, use and similar taxes and, wherever applicable, such taxes will be added to the invoice as separate items. RETURNS/REFUNDS: Items wished to be returned are subject to prior approval and must be accompanied by a Return Merchandise Authorization (RMA). Items returned without proper approval and/or paperwork will be returned to the customer at their expense. Returns past 30 days of initial receipt will not be accepted. All returned items are subject to a restocking fee. The customer's credit will be equal to the credit Jack Tyler Engineering, Inc. receives from the vendor, minus orginal freight and freight back to the vendor. Please note that all items must be returned to JTEI, who will return the item to the vendor. Credit will only be issued once JTEI receives credit from the vendor. SPECIAL NOTE: THIS PROPOSAL IS BASED ON CURRENT PRICES. EQUIPMENT IS SUBJECT TO THE SAME PERCENTAGE INCREASE AS MADE BY OUR SUPPLIERS AND THE INVOICE WILL REFLECT PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS SPECIFICALLY EXCEPTED. WE WILL NOT ACCEPT RETAINAGE ON ANY OF OUR INVOICES! ***** A $50.00 minimum order charge will apply ***** WARRANTY: "The products sold by Jack Tyler Engineering, Inc. hereunder are manufactured by others, and the only warranties that apply to these products are those of the manufacturer of the products which can be passed on by Jack Tyler Engineering, Inc. to its customers. No other warranty of any kind is given in connection with the sale of any of the above products, and JACK TYLER ENGINEERING, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AS TO ANY OTHER MATTER RESPECTING THESE PRODUCTS. Jack Tyler Engineering, Inc. shall not be liable in connection with the sale of the above products for any incidental or consequential damages of any kind." An electronic copy of the latest version is available online at www.jteng.com. Form No. 41-1 Rev. 07 - 07/12/19