HomeMy WebLinkAbout66-25 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 66-25
File Number: 2025-230
NORTHWEST ARKANSAS WINWATER, CO. (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #25-22 AND AUTHORIZE THE PURCHASE OF VARIOUS LARGE
DIAMETER WATER VALVES AND APPURTENANCES FROM NORTHWEST ARKANSAS WINWATER CO.
IN THE AMOUNT OF $367,098.08 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR THE I-
49/MLK UTILITY RELOCATIONS PROJECT
WHEREAS, the City is relocating water and sewer infrastructure along the MLK corridor in conjunction with the
ARDOT improvements to the roadway in this area; and
WHEREAS, to expedite scheduling, the City is procuring long lead-time materials in advance of a construction
contract being awarded.
NOW, THEREFORE, 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 #25-22 and authorizes the
purchase of various large diameter water valves and appurtenances from Northwest Arkansas WinWater Co. in the
amount of $367,098.08 plus any applicable taxes and freight charges for the I-49/MLK Utility Relocations Project.
PASSED and APPROVED on March 4, 2025
Approved:
* �0�
Molly Rawn, Mayor
Attest:
FAYETTEV!LLE,A
y'�Sy1'C N pp..
Kara Paxton, City Clerk Treasurer
Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 4, 2025
CITY COUNCIL MEMO
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
FROM: Tim Nyander, Utilities Director
SUBJECT: NORTHWEST ARKANSAS WINWATER, CO. (PURCHASE AGREEMENT):
RECOMMENDATION:
2025-230
Staff recommends awarding Bid 25-22 and authorizing the purchase of various large diameter water valves
and appurtenances necessary for the 1-49/MLK Utility Relocations Project from Northwest Arkansas WinWater
Co. in the amount of $367,098.08 plus applicable taxes and freight charges.
BACKGROUND:
The City is relocating water and sewer infrastructure along the MLK corridor in conjunction with the ARDOT
improvements to the roadway in this area. To expedite scheduling, the City is procuring long lead-time
materials in advance of a construction contract being awarded.
DISCUSSION:
The City solicited formal bids for ten large diameter water valves, two large diameter tapping sleeves, and two
specialty air release valves per Bid 25-22 and received two bid responses as follows:
Northwest Arkansas WinWater $367,098.08
Consolidated Pipe $380,050.00
Staff recommends awarding Bid 25-22 and authorizing the purchase of these items from Northwest Arkansas
WinWater in the amount of $367,098.08 plus applicable taxes and freight charges. Freight is estimated at
$200.00, and taxes are estimated at $35,811.56 for a total estimated cost of $403,109.64.
BUDGET/STAFF IMPACT:
Funds are available in the Water & Sewer Relocations account within the Water & Sewer fund.
ATTACHMENTS: SRF (#3) , Bid 25-22, Bid Tab - Final (#4), Bid 25-22, Submittal (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2025-230
NORTHWEST ARKANSAS WINWATER, CO. (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #25-22 AND AUTHORIZE THE PURCHASE OF VARIOUS
LARGE DIAMETER WATER VALVES AND APPURTENANCES FROM NORTHWEST
ARKANSAS WINWATER CO. IN THE AMOUNT OF $367,098.08 PLUS ANY APPLICABLE
TAXES AND FREIGHT CHARGES FOR THE I-49/MLK UTILITY RELOCATIONS PROJECT
WHEREAS, the City is relocating water and sewer infrastructure along the MLK corridor in
conjunction with the ARDOT improvements to the roadway in this area; and
WHEREAS, to expedite scheduling, the City is procuring long lead-time materials in advance of a
construction contract being awarded.
NOW, THEREFORE, 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 #25-22 and
authorizes the purchase of various large diameter water valves and appurtenances from Northwest
Arkansas WinWater Co. in the amount of $367,098.08 plus any applicable taxes and freight charges for
the I-49/MLK Utility Relocations Project.
Page 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
Item ID
3/4/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/13/2025 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends awarding Bid 25-22 and authorizing the purchase of various large diameter water valves and
appurtenances necessary for the 1-49/MLK Utility Relocations Project from Northwest Arkansas WinWater Co. in
the amount of $367,098.08 plus applicable taxes and freight charges.
5400.720.5600-5808.00
Account Number
11011.2301
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Budget Impact:
Water & Sewer
Fund
Water & Sewer Relopcations, 1-49 & Hwy 62
(MLK) Interchange
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 11,429,180.00
$ 11,021,059.37
408,120.63
$ 403,109.64
5,010.99
V20221130
Purchase Order Number:
Change Order Number:
Original Contract Number:
Previous Ordinance or Resolution #
Approval Date:
Comments: Freight is estimated at $200.00 and taxes are estimated at $35,811.56, for a total estimated cost of
$403,109.64.
CITY OF
FAYETTEVILLE
ARKANSARKANSAS
BID TABULATION
Bid 25-22, Utility Relocation Materials
DEADLINE: Wednesday, January 29, 2025 at 2:00 PM
TOTAL
Northwest Arkansas
Winwater
Consolidated Pipe
$367,098.08
$380,050.00
Line #
Description
I QTYJ
UOM
Unit
Extended
Unit
Extended
1
2
3
4
5
6
7
8
9
18" Butterfly Valve
24" Butterfly Valve
30" Butterfly Valve
36" Butterfly Valve
4" Combination Air/Vacuum Valve
30" Tapping Valve
36" Tapping Valve
30" Tapping Sleeve
36" Tapping Sleeve
4
1
1
2
2
1
1
1
1
EA
EA
EA
EA
EA
EA
EA
EA
EA
$12,914.57
$17,869.34
$29,386.43
$51,658.28
$17,869.34
$29,386.43
$83,623.12
$7,738.68
$43,626.00
$65,249.00
$30,366.83
$37,580.40
$9,370.00
$37,480.00
$17,325.00
$32,150.00
$77,980.00
$7,940.00
$56,300.00
$82,250.00
$30,675.00
$37150.00
$17,325.00
$32,150.00
$38,990.00
$41,811.56
$3,869.34
$3,970.00
$56,300.00
$82,250.00
$30,675.00
$37,950.00
$43,626.00
$65,249.00
$30,366.83
37 580.40
of/3I
Kenny Fitch, Sr
CITY OF
WA FAYETTEVILLE
ARKANSAS
Bid 25-22 Addendum 1
Northwest Arkansas Winwater
Northwest Arkansas Winwater Co
Supplier Response
Event Information
Number: Bid 25-22 Addendum 1
Title: Utility Relocation Materials
Type: Invitation to Bid
Issue Date: 1/5/2025
Deadline: 1/29/2025 02:00 PM (CT)
Notes: The City of Fayetteville is seeking bids from qualified vendors for the
purchase of various utility relocation materials. This bid is for the
purchase of equipment only. 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: Northwest Arkansas Winwater Bid 25-22 Addendum 1
Northwest Arkansas Winwater Information
Contact:
Jesse Slate
Address:
500 SW 28th St
Bentonville, AR 72712
Phone:
(479) 273-6084
Email:
jkslate@winwaterworks.com
Web Address:
https:Hnwawinwater.com/
By submitting your response, you certify that you are authorized to represent and bind your company.
Tyler Hardin
Signature
Submitted at 1/29/2025 01:28:22 PM (CT)
Supplier Note
thhardin@winwaterworks.com
Email
am still waiting on a BABAA letter from AIR, they said they can provide one but I have not received it yet.
Requested Attachments
Bid 25-22, Bid Form and Signature Pages BID 25-22 SIGNED.pdf
Please attach your signed, completed form. This can be found in the 'Attachments' tab.
Letter from Manufacturer 25-22 Manufacturer BABAA
Letters. pdf
Please attach a letter from the product manufacturer stating the items meet Buy America Build America Act
requirements.
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.
W 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.
M I agree
Page 2 of 3 pages Vendor: Northwest Arkansas Winwater Bid 25-22 Addendum 1
Bid Lines
9 36" Tapping Sleeve
Quantity: 1 UOM: EA Price: $37,580.40 Total: $37,580.40
Response Total: $367,098.08
Page 3 of 3 pages Vendor: Northwest Arkansas Winwater Bid 25-22 Addendum 1
CITY OF
FAYETTEV I LLE
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 25-22, Utility Relocation Materials
DEADLINE: Wednesday, January 29, 2025 before 2:00 PM, Local Time
CONTACT: Purchasing Agent Kenny Fitch, kfitch @fay_etteviIle-ar_gov
DATE OF ISSUE AND ADVERTISEMENT: 01/05/2025
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
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 1 of 13
City of Fayetteville
Bid 25-22, Utility Relocation Materials
Advertisement
City of Fayetteville, Arkansas
INVITATION TO BID
Bid 25-22, Utility Relocation Materials
The City of Fayetteville is seeking bids from qualified vendors for the purchase of various utility relocation
materials. This bid is for the purchase of equipment only. 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 y r.gov/bia . All bids shall be received by Wednesday, January 29, 2024
before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical bid to
the City of Fayetteville, Purchasing Division address listed below. 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. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted
shortly after the deadline and Iivestreamed at https://www.youtube.com/user/cityoffayettevi Ilear.
City of Fayetteville
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 prior to the bid award.
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
TDD (Telecommunicotions Device for the Deaf): (479) 521-1316
Date of advertisement: 01/05/2024
This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas.
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 2 of 13
City of Fayetteville
Bid 25-22, Utility Relocation Materials
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 ( vww.fayetteville-ar.gov/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.fa etteville-ar.goy/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
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
Wtu c la contract, wall any public enLity as clefined is if aL a"Y time dur4 coatrac1 ttie
a bo�wtt,, iir co�tca�.sr rH.�:::wtafy trie�cara:,te� �.:bi.L�:....t:.. -
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 3 of 13
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 bidder on this project, you are required to provide debarment/suspension certification indicating that
you are in compliance with the below Federal Executive Order. Certification can be done by completing
and signing this form.
a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors
receiving individual awards, using federal funds, and all sub -recipients certify that the
organization and its principals are not debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any Federal department or agency from doing business with
the Federal Government.
b. Your signature below certifies that neither you nor your principal is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
�.'�'�C+het+o�Y�b'P��*tsa'�'io�3�r*r�rfeckern��ep�r�nertto* Y
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 4 of 13
City of Fayetteville
Bid 25-22, Utility Relocation Materials
Appendix A: Technical Specifications
ALL BIDDERS SHALL SUBMIT THIS "TECHNICAL SPECIFICATIONS" SECTION WITH BID.
FAILURE TO SUBMIT RESPONSE ON THIS "TECHNICAL SPECIFICATIONS" FORM IN A
COMPLETED FORMAT CAN RESULT IN BID REJECTION.
B14DING REQUIREMENTS:
Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met
/ or not.
This bid has Buy America Build America Act Requirements.
1. GENERAL-
1.1 It is the intent of the following specifications to describe a complete 18" Butterfly Valve, 24"
Butterfly Valve, 30" Butterfly Valve, 36" Butterfly Valve, 4" Combination Air/Vacuum Valve, 30"
Tapping Valve, 36" Tapping Valve, 30" Tapping Sleeve, and 36" Tapping Sleeve.
1.2 This bid is for materials only.
1.3 All specifications are written to meet City of Fayetteville specifications, unless otherwise
noted.
1.4 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.
1.5 Unit(s) bid shall be new and of the latest standard production model as offered for commercial
trade.
1.6 All materials submitted shall meet Buy America Build America Act (BABAA). A letter from the
manufacturer stating the item meets BABAA shall be submitted with the bid.
1.7 The warranty period shall begin from the date of delivery and shall be for 2 years.
1.8 Materials shall be delivered FOB to 15 S Broyles Ave, Fayetteville, AR 72704.
2. MANUFACTURER/MODEL-
2.1 The 18" Butterfly Valves shall be Pratt Mechanical Joint Model HP25011 BFV MDT Buried Service
Actuator with Spur Gear.
2.2 The 24", 30", and 36" Butterfly valves shall be Pratt Mechanical Joint Model HP25011 Drill BFV
MDT Buried Service Actuator with Spur Gear MDT-6S.
2.3 The 4" Combination Air/Vacuum Release Valve shall be ARI Model D-46 Pro.
2.4 The 30" and 36" Tapping Sleeve shall be Smith Blair Model 624 full body, mechanical joint, epoxy
coated with Flanged Outlet or Ford MITS-3830-36, Ford MJTS-3200-30.
3. TECHNICAL SPECIFICATONS —
3.1 The tapping sleeves shall be manufactured for an existing Ductile Iron Pipe.
3.2 The A�rMe?easeVa`ve Wed above rreets BABA,
3.3 pres tWOI fiWOR 40€445DP&+ 440R4WJW,
3.4 All bolts shall be 304 stainless steel.
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Appendix A Technical Specifications
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM: /V D I'-j' �,� QS-� Af C9zw-,;A5 W i In
Purchase Order/Payments shall be issued to this name
*D/B/A or Corporation Name
*BUSINESS ADDRESS: 5C)�> .SW a$4l" St
*CITY: &,111, L �P— *STATE: —AR *ZIP: --D7/0,
*PHONE: -a8-toDa14 FAX:
*BY: (PRINTED NAME) M 41 rd iq
*AUTHORIZED SIGNATURE:
*TITLE: pu S-1,
UNIQUE ENTITY NUMBER:
*TAX ID NUMBER: _��f�1 %5o
Acknowledge Addendums:
CAGE NUMBER:
Addendum No. Dated: 17 �,5 Acknowledged by: G�rd,/7
)
Addendum No.
Dated:
Acknowledged by:
Addendum No.
Dated:
Acknowledged by:
Addendum No.
Dated:
Acknowledged by.
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 5 of 13
City of Fayetteville
Bid 25-22, Utility Relocation Materials
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-//www youtube com/user/cityoffayettev . 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 rp for 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
rY:�.►'� a .� � �31 u.•tt�n.�t c glc�jt h� �3d�E1� � � �s:.
response would provide clarification to the requirements of the bid. All such addenda shall become part of
the contract documents. The City will not be responsible for any other explanation or interpretation of the
proposed bid made or given prior to the award of the contract.
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 6 of 13
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of
quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality,
size, design, and specification as to what has been specified, will be acceptable for consideration only if
approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept
or reject any requested equal.
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best
interest of the City.
b. The City of Fayetteville reserves the right to accept or reject any or all bids.
c. The City of Fayetteville reserves the right to cancel the entire bid.
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in
the invitation to bid or in bids submitted.
e. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information, or data without changing the terms of the bid.
5. COSTS INCURRED BY BIDDERS:
All expenses involved with the preparation and submission of bids to the City, or any work performed in
connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses
received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement.
6. CONFLICT OF INTEREST:
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
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 approve-d by the Purchasing Division,
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 7 of 13
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.
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.
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, ANDJURISDICITON:
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
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
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 8 of 13
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the
goods and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for bid apply to this contract except as specifically
stated in the subsequent sections of this document, which take precedence, and should be fully understood
by bidders prior to 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
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City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 9 of 13
18. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior
notice to the Contractor in writing of the intention to cancel or with cause if at any time the
Contractor fails to fulfill or abide by any of the terms or conditions specified.
b. Failure of the contractor to comply with any of the provisions of the contract shall be considered
a material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the
right to cancel and obtain from another source, any items and/or services which have not been
delivered within the period of time from the date of order as determined by the City of
Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the vendor of such occurrence and contract shall terminate of the last day of the current
fiscal period without penalty or expense to the City.
19. ASSIGNMENT. SUBCONTRACTING. CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a bidder intends to subcontract a portion of this
work, the bidder shall disclose such intent in the bid submitted as a result of this bid.
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
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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
F;3yM9V11e And shalt be pr& tbited alitil eittieran award is
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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,
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 10 of 13
influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an
attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any
request for proposal, request for qualification, bid or contract to be rejected.
22. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this bid from the bidder. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the
Contractor shall provide such additional requirements as may become necessary.
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or
individually, at the City's sole option, at any time after award has been made as may be deemed necessary
or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this
contract in accordance with the terms, conditions, and specifications.
24. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in
the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid
form(s) if sufficient space is not available on the original form for the bidder to enter a complete response.
Any modifications or alterations to the 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 insurance for the
protection of such of his employees as are not otherwise protected.
Workers' Compensation:
Comprehensive General & Automotive Liability:
Property Damage Liability:
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 11 of 13
Statutory Amount
$250,000 each person
$5m.uw agz,i ogre
$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. SaiestaxshaNnotbeinciudedin 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
bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the
bidder.
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 @fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville
Purchasing Division to provide documents providing a clear and accurate understanding of the scope of
work to be completed and/or goods to be provided. We encourage all interested parties to ask
questions to enable all bidders to be on equal bidding terms.
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 (kfitch@fayetteville-ar.Rov) 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
r�>'tical�cMs, Af`
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
stiff It ril task ini matioa to submit prnpasals meeting minimum specif"tions andlat test
rewirementt` fs rtt "endedto h'&s content or to wdudi arry re?want of esserrna' data
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 12 of 13
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.
1. 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
shalt herewith report the same in writing to City of Fayetteville.
27. ATTACHMENTS TO BID DOCUMENTS:
- Appendix A- Technical Specifications
City of Fayetteville, AR
Bid 25-22, Utility Relocation Materials
Page 13 of 13
January 29, 2025
DeZURIK, Inc.
250 Riverside Avenue North
Sartell, Minnesota 56377
Subject: American Iron and Steel Step Certification for Fayetteville bid 25-22 Utility
Relocation 0127.0050
Quote No.: QUO164173
I, Steve Symanietz certify that the (melting, bending, galvanizing, cutting, etc.)
processes for (manufacturing or fabricating) the following products and/or materials
shipped or provided for the subject project is in full compliance with Build America Buy
America (BABA) Act 2 CFR 184 as derived from the Environmental Protection
Agency's: Build America, Buy America Act implantation procedures for EPA Office of
Water Federal Financial Assistance programs (Nov. 2022).The items listed below meets
the 55% component test for manufactured products and/or 50% for iron and steel
components.
Item, Products and/or materials and location of delivery:
DeZURIK: Model BAW Rubber Seated Butterfly Valve
Such processes took place at the following location(s):
Machining, assembly, testing, etc.:
DeZURIK, Inc.
250 Riverside Avenue North
Sartell, MN 56377
This certification is to be submitted upon request to interested parties (e.g.
municipalities, consulting engineers, general contractors, etc.)
If any of the above compliance statements change while providing materials to this
project, please immediately notify the person(s) who is requesting to use your
a6. paxhKAWl-
Sincerely,
Steve Symanie+
Municipal Sales Support Manager
320-259-2355 office
3PO-442-i444 Cr,4
Smith -Blair, Inc.
30 Globe Ave
Texarkana, AR 71854
P, 870 773 5100
F 870 773 5104
a xylem bran!
January 29, 2025
Subject: Amencan Iron and Steel, BABA Pre -Certification
Quote #: B21217329
Job Name: BABA - BID 25-22 UTILITY RELOCATION MATERIALS -
FAYETTEVILLE, AR.
I certify that the manufacturing process for the following products and/or material shipped or
provided for the project will be in full compliance with the Infrastructure Investment and Jobs
Act, also known as Build America, Buy American Act of 2021, BABA Act or BABAA or Public
Law 117-58. This certification also applies to the American Iron and Steel requirements as
originally mandated in the EPA's State Revolving Fund Programs of the Consolidated
Appropriations Act of 2014.
All items quoted on the above referenced quote will meet required compliance specifications
when specifically quoted and ordered per these requirements.
Such processes will take place in the Texarkana, Arkansas manufacturing facility for Smith Blair,
Inc.
If any of the above compliance statements change while providing material to this project we will
immediately notify the prime contractor and the engineer.
Please contact me if you have any questions at insidesalesna xylem.com.
Sincerely,
Misty King, Customer Service Manager
Steve Palmore, Application/Sales Engineering Manager
Clow Valve Co. 902 South 2nd Street Telephone: 641 673-8611
Oskaloosa, IA 52577 Fax: 641 673-8269
January 29, 2025
RE; Domestic Valves
To: City of Fayetteville
This letter is to inform you that Clow Valve is able to supply RW gate valves that are
100% domestic (except for the gear). At this time Clow Valve does not have access to a
domestic gear supplier for our products and we are unable to supply a domestic gears on
our valves.
If you have any questions or need additional information, please contact this office.
Sincerely,
Adam Boden
Clow Valve Company
Inside Sales Manager
A Division of McWane, Incorporated
recting the Flow
A.R.I. DOROT OCV
01/30/2025
To Whom It May Concern
Re: A.R.I. — Flow Control Accessories Product Line
This is to inform you that Aquestia USA is currently in the process of manufacturing the D-46; 4" to be
compliant with BABA requirements.
The final production timeline is undisclosed, however the process is in motion and notice of
completion will be given periodically as needed.
Sincerely,
Jarrod McCain
Director of Sales and Marketing
Aquestia USA, Inc.
7400 East 42nd Place I Tulsa, OK 74145 USA 11.800.628.8258
www.aquestia.com I usa@aquestia.com
