HomeMy WebLinkAbout148-03 RESOLUTIONi •
RESOLUTION NO. 148-03
A RESOLUTION AWARDING BID #03-52 AND APPROVING A
CONSTRUCTION CONTRACT WITH CRUZEN EQUIPMENT
COMPANY, INC. IN THE AMOUNT OF THIRTY-TWO
THOUSAND FIVE HUNDRED THIRTY-FOUR DOLLARS AND
EIGHTY-THREE CENTS ($32,534.83) FOR THE CONSTRUCTION
OF AN AVIATION FUEL SELF -SERVE FACILITY AT THE
FAYETTEVILLE MUNICIPAL AIRPORT.
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 #03-52 and approves a construction contract with Cruzen
Equipment Company, Inc. in the amount of Thirty -Two Thousand Five Hundred
Thirty -Four Dollars and Eighty -Three Cents ($32,534.83) for the construction of
an aviation fuel self -serve facility at the Fayetteville Municipal Airport. A copy
of the contract, marked Exhibit "A" is attached hereto, and made a part hereof.
PASSED and APPROVED this 7th day of October, 2003.
�pvu y_
f PY E7j170
By: Oa4IA.) nu-Afa•-
SONDRA SMITH, City Clerk
APPROVED:
By
DAN COODY, May'
X
r
•
AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
o„ 0)1y$ -con -
endue catUe/Sot
M1CRO FILMS ast Side Fuel Station 1l2
Equip. Co. Inc.
Order #2
STAFF REVIEW FORM - FINANCIAL OBLIGATIO
_For the Fayetteville City Council Meeting of:
Cruzen
Change
NA
FROM:
Ray M. Boudreaux
Aviation & Economic Development General Government
Name Division
Department
ACTION REQUIRED: Approval of Change Order #2 with Cruzen Equipment, 685 Huntsville Rd, PO Box 1207
Fayetteville, AR 72702, 479-422-2764, in the amount of $214.87 (plus applicable tax).
Forward to Mayor for Signature. 0 0i0^
COST TO CITY:
$214.87
Cost of this request
44,352.00 East Side Fuel Station
Category/Project Budget Program Category / Project Name
5550.3960.5804.00 $ 40,202.19 Airport Capital Expense
Account Number
Funds Used to Date Program / Project Category Name
03014.1 $ 4,149.81 Airport
Project Number
BUDGET REVIEW:
Remaining Balance Fund Name
Budgeted Item
Budget Manager
Da e
Budget Adjustment Attached
CONTTT�//R//,/QCT/GRANT/LEASE REVIEW:
a/dontng Manager D te
XYtlLy 44401
A i`
City Attotney \D
STAFF RECOMMENDATION:
Head
Depar ' ent Director
Fi
ance
& Internal Services
Chie
Dir.
Date
Internal ditor
.c) thfic
Purchasing Manager
Received in Mayor's Office
20Cross Reference:
Dat
ate
6. %b -AY
inistrat've Officer Date
Mayor
Date
Previous Ord/Res#: 148-03
6/-7 104
Date
(,:11810+
Date
Orig. Contract Date: 10/7/2003
Orig. Contract Number: 930
New Item:
Yes
X No
• •
Staff Review Form - Page 2
Description Aviation Fuel Self -Serve Facility, CO #1
Meeting Date NA
Comments:
'Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Reference Comments:
vt €_ &Ut442
$1.0_b)asnet5 Air
=gen Pit 4)Aramy
Internal Auditor
Grants Coordinator
•
FAYETTEVtLLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DAN GOODY, MAYOR
AVIATION AND ECONOMIC DEVELOPMENT
RAY M. BOUDREAUX, DIRECTOR
TO:
THRU:
FROM:
DATE
SUBJECT:
Dan Coady, Mayor
Staff Review Commi
Ray M. Boudreaux,
May 20, 2004
Change Order #2, Cruzen Equipme 't
RECEIVED •
JUN 0 7 2004
ACCTG. DEPT.
4500 School Ave., Suite F
Fayetteville, AR 72701
501.718.7642
Recommendation: Airport Staff recommends approval of Change Order #2 in the
amount of $214.87.
Background: Cruzen Equipment was contracted to install a self-service aviation
fueling facility on the east side of the airfield adjacent to the T -hangar buildings.
Initiated in FY 2003, the project is nearing completion.
Discussion: The purpose of this Change Order is to make small alteration to the
hoses and rewinding reels of the new facility Due to configurations originally specified,
it was found that customers had difficulty pulling out and retracting the heavy hose on
the 100LL reel. A larger reel for the 100LL side was added which accommodated the
larger diameter aviation spec hose.
A smaller hose, (3/4 inch diameter) was substituted on the 87 octane Mogas reel similar
to that found at typical gas stations. This allows easier use of the smaller reel due to the
weight reduction of the smaller hose.
The actual amount of the contract increase is $214.87.
Budget Considerations: There is no budget effect. Sufficient funding exists in the
project budget.
RB/jn
Attachments: Change Order #2
•
Equipment Company Inc.
CONTRACT CHANGE ORDER
FROM: CRUZEN EQUIPMENT CO.
1705 EAST 5TH STREET
NORTH LITTLE ROCK AR 72114
ROD MARTIN, SALES #22
TO: CITY OF FAYETTEVILLE_
PURCHASING DIVISION
113 WEST MOUNTAIN, ROOM 306
FAYETTEVILLE, AR 72701
•
1705 EAST 5TH STREET
NORTH LITTLE ROCK, AR 72114
(501) 374-4825 / FAX (501) 374-8830
CHANGE ORDER NO.: 2
DATE: JUNE 3, 2004
PROJECT: MOGAS FUEL SYSTEM
LOCATION: DRAKE FIELD
JOB NO.: QN 7510
ORIGINAL CONTRACT TOTAL
TOTAL PREVIOUS CHANGES
PREVIOUS REVISED TOTAL
THIS CHANGE ORDER TOTAL
REVISED CONTRACT TO
DATE: JUNE 3, 2004
32, 534.83
18,135.50
50,670.33
214.87
50, 885.20
To whom it may concern:
This CHANGE ORDER includes all Material, Labor and Equipment necessary to
complete the following work and to adjust the total contract as indicated above.
the work below to be paid for at actual cost of Materials and Equipment plus
percent ( %) plus Labor at $ per hour as used to complete this change
order.
X
the work below to be completed for the sum of two -hundred -fourteen dollars
and eighty-seven cents ($214.87), plus applicable taxes.
HANNAY 820-25-26A REEL ONLY, SPRING REWIND, LEFT -TOP
HANNAY GR -75-50 STATIC GROUND REEL
3/4" x 50' HARD -WALL GAS HOSE, WITH GROUND CABLE
OPW 11BP UNLEADED NOZZLE
OPW 45-5060 3/4"M x3/4" F SWIVEL
MORRISON 1" HOSE SWIVEL
HANNY N818 -25-26B REEL ONLY, SPRING REWIND
AVIATION FUEL HOSE 1" x 50' (CERTIFIED)
MORRISON 218-0400 AN OVERWING NOZZLE WITH GROUND
INSTALLATION OF STATIC GROUND REEL
(CHANGE ORDER TOTAL
The work covered by this order shall be performed under the same
Terms and conditions as that included in the original contract
unless otherwise stated.
CHANGES APPROVED
tik "�prrnnrnrry,
•
a° C\T Ye9F
fe-51 es. AI
FAYETTRIA tlit.:
y:9RkANSP:c34.4'
Signed:
t7I'4 & Signed
ondra Smith
ity Clerk
653.95
169.65
151.34
38.44
26.33
31.60
-558.85
-241.89
-155.70
100.00
214.871
Dan Coody, Mayor
City of Fayette
•
•
FAYETTEAILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
r
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
To: James Nicholson
Aviation & Economic Development
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: June 15, 2004
Re: Cruzen Change Order
Attached are the original staff review form with back up papers. Please obtain a signature from the
appropriate person of the Cruzen Company as discussed this morning and return to me for the mayor's
signature. Thanks for your help.
If anything else is needed please let the clerk's office know.
/cbp
attachments
TO:
ATTN. OF:
YOUR INQUIRY:
UOTATION & CONTRACT "
CR EN EQUIPMENT COMPANY, INC. •
1705 EAST 5TH STREET
NORTH LITTLE ROCK, ARKANSAS 72114
TELEPHONE (501) 374-1528
FAX (501) 374-1515
CITY OF FAYETTEVILLE PURCHASING DIVISION
113 WEST MOUNTAIN, ROOM 306
FAYETTEVILLE AR 72701
PEGGY VICE, PURCHASING MANAGER
No. QN 7382
In reply refer to above number
PAGE 1 OF 4
DATE:
BID REQUEST #03-52, AVIATION GASOLINE SELF -SERVE SYSTEM FOR DRAKE FIELD
09/04/03
We are pleased to submit quotation on our interpretation of your requirements, subject to terms and conditions printed on reverse side of this proposal.
TERMS OF PAYMENT:
TANK, TANK FITTINGS, ACCESSORIES, INSTALLED
M3000 PLUS FUEL MANAGEMENT SYSTEM INSTALLED ----
SET-UP/INITIALIZATION OF FUEL MANAGEMENT SYSTEM OTHER CHARGES NOT LISTED: ALL TAXES & FEES
TOTAL ALL
TERMS OF PAYMENT:
1. Net due upon completion of project.
2. Quote is in force for 60 calendar days from date of scheduled
bid opening, at 2:00 PM, September 5, 2003.
3. Note Terms and Conditions on reverse side of contract.
SEE ABOVE
BY
The Purchaser hereby offers to enter into this Agree
specifications. terms and price stated on the front and
on the reverse side.
Date
Otto 6e- 1/ 2-641
ording to the
and Conditions
TOTAL PROPOSAL - $
PLUS APPLICABLE TAXES
I -Ii br t. -1t
$1-7,86fi.74
$11,145.00
$1,500.00
$2,088.12
$32,534.83
31, 384.83
32, 534.83
TAXES INCLUDED
CRUZEN EQUIPMENT COMPANY, INC.
By:
By:
q.9d Mireleq,
This Quotation is not an offer and is subject to approval, and acceptance by an
authorized officer or manager of Cruzen Equipment Company, Inc.
Cruzen Equipment Company, 1
by a duly authorized officer anager d s hereby accept and approve this
Contract.
arRUZ COMPAN C.
'L
By
Date
�T Vs-
HOME OFFICE / 160 W. MALLORY AVENUE • MEMPHIS, TN 38109 • BOX 9333 • MEMPHIS, TN 38190 • (901) 774-3130
OFFICE LOCATIONS / MEMPHIS, TENNESSEE • JACKSON, MISSISSIPPI • TUPELO, MISSISSIPPI
NORTH LITTLE ROCK, ARKANSAS • MOBILE, ALABAMA
PEI
•
TEM= AND fr;DNIDIMONS
ACCEPTANCE — This proposal. when accepted by the Rurrhaserand when approved and accepted by an authorized officer of Seller in
Memphis, Tennessee, will constitute a bona fide contract subject to all terms and conditions.
ENTIRE AGREEMENT— It is expressly agreed that there are no promises, agreements or understandings, not specified in this proposal.
This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the
Purchaser and Seller.
PRICES — In the event the starting of work on this contract is delayed by Purchaser beyond 30 days of the acceptance of this contract,
the Seller reserves the right to re -negotiate prices on any major component, should there have been a price increase by the supplier of
those items. Purchaser shall have.the right to cancel the contract or accept the negotiated price increase.
DELIVERY— Delivery promises are contingent upon tires strikes, accidents or other causes beyond Seller's control. Seller will endeavor
to maintain schedules, but cannot guarantee to do so. Delivery. unless otherwise stated, doesnot include unloading. The Purchaser shat)
make a storage area available to the Seller. Any necessary re -location of equipment or installation materials from this designated area will
be at the Purchaser's expense:
WARRANTY — The Seller warrants the equipment to be free from detects of materials art. tititiikmanship under normal use and service.
Seller's obligation under this warranty shall be limited to replacing parts thereof which shall, within one year afterdelivery to the owner,
be demonstrated to be defective.'
LIMITATION OF WARRANTY — EXCEPT FOR THE FOREGOING. THE SELLER MAKES NO WARRANTY WITH REGARD TO NEW
OR USED EQUIPMENT SOLD UNDER THIS AGREEMENT; SAID FOREGOING WARRANT IES.ARE IN LIEU OF ALL OTHER
WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT -LIMITATION. WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY PURCHASER THAT IN NO EVENT
WILL SELLER BE LIABLE FOR ANY PERSONAL INJURY OR ANY LOST PROFI rS OR OTHER CONSEQUENTIAL DAMAGES, EVEN
IF SELLER HAS •BEEN.ADVISED OF THE POSSIBILITJ OF SUCH DAMAGES, THE PARTIES EXPRESSLY AGREE AND.
UNDERSTAND THAT THIS AGREEMENT REFLECTS THE FULL AND'FINAL WRITTEN EXPRESSION OF A'r PLICABLE EXPRESS
OR IMPLIED WARRANTIES AND THAT THE WARRANTY"AS SET FORTH HEREIN IS NOT TO BE EXPANDED. MODIFIED OR
CONTRADICTED BYy RICR AGREEMENT OR BY CONTEMPORANEOUS ORAL REPRESENTATIONS OR AGREEMENTS OF
ANY KIND WHATSQ,EVER.
kanyu
EXCAVATING CLAUSE -- Excavation quotations are based ori normal soil conditions. In the eve's IL any underground structures, cables,
conduit, debris. rock. water, or running sand are encountered, destroyed, or damaged during the performance of the contract. the Seller
shall riot be heidrespCnsible: Additional costs restating shall be borne by the Purchaser but shall in no cas texrreed existing rate scales
for labor and materials had the quotation originally been based on time and materials. If it becomes necessary tor the Seller to abandon
the site of excavation, any expenses incurred for work performed and additional work necessary to complete the contract shall be borne
by the Purchaser This expense shall in no case exceed the existing rate scale for labor and materials had the quotation been based on
labor and materials. Mechanical compaction of backfill is not included in the proposal unless specified. Finished grades are to be
established. verified and approved in writing by the Purchaser.
FLOATING CLAUSE — Purchaser will be responsible for filling all underground stdrage'tanks with tiq'uid t allast immediately upon
setting tanks in excavations. The Sellersh0 notrfy the?urchaser when product will beneeded. TR:a Seller sharia not be responsible for the
contamination or loss of the product used for ballast. In She evont any tanks should float, due to failure to Purchaser to fill tanks, Seller
shall be held blameless. All expense for equipment, labor and materials to re -install tanks shall he borhe by the Purchaser.
RELATED WORK — Labor, materials and outside services foreiectrical, concrete, blacktop of stewer vi srk, artrnot included in proposals
unless specified.
TAXES — Prices quoted on equipment. labor, and repair parts are subject to federal. state and municipal taxes and licenses which may
be in effect or which may be imposed prior to the actual shipment of materials and equipment.
TERMS — Terms of paynYvn; are as specified on the front of this quotation. Delivery of major equipment items to Seller's plant for
purposes of holding forconvenience of Purchaser or coordination of installation shall be considered "delivery"for purposes of rendering
of invoice and invoice will be rendered at that tune in accordance with terms stated above.
SECURITY AGREEMENT — Purchaser (also called Debtor) hereby grants to Seller (also called Secured Party) a security interest in the
property described in this Contract (Collateral) until the entire contract price has been paid Debtor will join with Secured Party in
executing one or more Financing Statements pursuant to the Uniform Commercial Code in fb?i& a^sfac y to the Secured Party.
Debtor agrees to execute any additional security agreements or other documents that Secured Party wants to protect its security interest
in Collateral. Debtor shall be in default upon the happening of any of the following events or conditions: (a) default in the payment or
performance of any obligation, covenant or liability; ib) death. dissolution, termination of existence, insolvency, business failure.
appointment of a receiver. assignment for the benefit of creditors or the commencement of any proceedings under any bankruptcy or
insolvency laws by or agaidst Debtor Upon such default and at any time thereafter the Secured Party may declare alt obligations secured
hereunder immediately due and payable and shall have the remedies of a secured party under the Uniforrn Commercial Code.
COLLECTION AND ATTORNEYS' FEES— in the event that it becomes necessary for the Seller (Secured Party) to place this Contract in
thn hands of any attorney for collection, the Purchaser (Debtor) agrees to pay all costs of collection. including reasonable attorneys' fees.
GOVERNING LAW — Parties agree that this Contract is made in the State of Tennessee will be construed according to laws of that
state.
TO:
ATTN. OF:
YOUR INQUIRY:
•
CRRQUOTATION & CONTRACT
EN EQUIPMENT COMPANY, INC.
1705 EAST 5TH STREET
NORTH LITTLE ROCK, ARKANSAS 72114
TELEPHONE (501) 374-1528
FAX (501) 374-1515
CITY OF FAYETTEVILLE PURCHASING DIVISION
113 WEST MOUNTAIN, ROOM 306
FAYETTEVILLE AR 72701
PEGGY VICE, PURCHASING MANAGER
•
No. ON 7382
n reply refer to above number
PAGE 1 OF
DATE:
BID REQUEST #03-52, AVIATION GASOLINE SELF -SERVE SYSTEM FOR DRAKE FIELD
4
09/04/03
We are pleased to submit quotation on our Interpretation of your requirements, subject to terms and conditions printed on reverse side of this proposal.
TERMS OF PAYMENT:
TANK, TANK FITTINGS, ACCESSORIES, INSTALLED
M3000 PLUS FUEL MANAGEMENT SYSTEM INSTALLED
SET-UP/INITIALIZATION OF FUEL MANAGEMENT SYSTEM ----
OTHER CHARGES NOT LISTED: ALL TAXES & FEES
TOTAL ALL
TERMS OF PAYMENT:
1. Net due upon completion of project.
2. Quote is in force for 60 calendar days from date of scheduled
bid opening, at 2:00 PM, September 5, 2003.
3. Note Terms and Conditions on reverse side of contract.
SEE ABOVE
BY
Purchaser's Na
' /r7
The Purchaser hereby offers to enter into this Agreepent cording to the
spedfications, terms and price stated on the front and t e T s and Conditions
on the reverse side.
Date:
TOTAL PROPOSAL - $
PLUS APPLICABLE TAXES
I—t.',C.I 11
$4-7;8&1771"
$11,145.00
$1,500.00
$2,088.12
$32,534-83
7 :f,v. es3
32,534.83
TAXES INCLUDED
CRUZEN EQUIPMENT COMPANY, INC.
By,
By.
Martin, gales
This ouotation is not an offer and is subject to approval, and acceptance by an
authorized officer or manager of Cruzen Equipment Company, Inc.
Cruzen Equipment Company, Inc.
by a duly authorized officer or manager does hereby accept and approve this
Contract. i
CRUZEN EQUIpMENYCOMPANY, INC.
By
By.
4
Date'
HOME OFFICE / 160 W. MALLORY AVENUE • MEMPHIS, TN 38109 • BOX 9333 • MEMPHIS, TN 38190 • (901) 774-3130
OFFICE LOCATIONS / MEMPHIS, TENNESSEE • JACKSON, MISSISSIPPI • TUPELO, MISSISSIPPI
NORTH LITTLE ROCK, ARKANSAS • MOBILE, ALABAMA
ACCEPTANCE— This proposal. when accepted by the Eucchasecand when approved and accepted by an authorized officer of Seller in
Memphis, Tennessee, will constitute a bona fide contract subject to all terms and conditions.
ENTIRE AGREEMENT— Itis expressly agreed that there are no promises, agreements or understandings. not specified in this proposal
This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the
Purchaser and Seller.
PRICES — In the event the starting of work on this contract is delayed by Purchaser beyond 30 days of the acceptance of this contract,
the Seller reserves the right to re -negotiate prices on any major component, should there have been a price increase by the supplier of
those items Purchaser shall have the right to cancel the contract or accept the negotiated price increase
DELIVERY— Delivery promises are contingent upon fires strikes, accidents or other causes beyord Seller's control Seller wilt endeavor
to maintain schedules. but cannot guarantee to do so. Delivery, unless otherwise stated. does not include unloading. The Purchaser shall
make a storage area available to the Seller. Any necessary re -location of equipment or i.nstaliation matenalstrom this designated area will
be at the Purchasers expense:
WARRANTY — The Seller warrants the equipment to be free from defects of materials and workmanship ur der normal use and service
Seller's obhgattnn under this warranty shall be limited to replacing parts thereof which shall within one year after delivery to the owner,
be demonstrated to be defective
LIMITATION OF WARRANTY — EXCEPT FOR THE FOREGOING. THE SELLER MAKES NO WARRANTY WITH REGARD TO NEW
OR USED EQUIPMENT SOLD UNDER THIS AGREEMENT; SAID FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION. WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE IT IS EXPRESSLY UNDERSTOOD AND AGREED BY PURCHASER THAT IN NO EVENT
WILL SELLER BF LIABLE FOR ANY PERSONAL INJURY OR ANY LOST PROFITS OR OTHER CONSEOuENTIAL DAMAGES EVEN
IF SELLER HAS BEEN •ADVISED OF THE POSSIBILITY OF SUCH.DAMAGES. THE PARTIES EXPRESSLY AGREE AND
UNDERSTAND THAT THIS AGREEMENT REFLECTS THE FULL AND ANAL WRITTEN EXPRESSION OF APPLICABLE EXPRESS
OR IMPLIED WARRANTIES AND THAT THE WARRANTY AS SET FORTH HEREIN 15 NOT TO RE EXPANDED. MODIFIED OR
CONTRADICT EDBYPRIOR AGREEMENT ORBYCONTEMPORANEOUS ORAL REPRESENTATIONS ORAGREEMENTS OF
ANY KIND WHATSOEVER
EXCAVATING CLAUSE--Exraroatienquotat'onsarebasedornormalsoilconditions,nthe event any linndergraandstructures. cables
conduit. r'cbrs. ruck. water .Jr ruenieg sand dip r ncourtered. destroyed. or damaged •Jcring tl e peal ormance of thernrtract the Senor
shall riot he heldresprihsible. Addltinl'al Costs res'•Ring Shall ne:mine by the Purchaser but Shail in no Cease c'kshed existing '2(Pscales
trrr labor and materials nad the quotation Or,ginnlly brei based on tiniearyl materials If it becomes neck ssnry for Me Seder 'o abandon
the s ie Of excavation any expenses incurred for v4urk pert arnieb and additional work necessarytoPomplelethecor.tract shall be borne
ny to . Purchaser This expense slier in no case exceed the r:xlst:ng rate scale tor labor 2nd materials na; Ihn q. ctah.H:n hien based on
.ebur and materials Mechanical compaction of Lackfid is not included in the proposal unless specified Finished grades are be
estaLLsheo 4enhed and approved in writing by the Purchaser
FLOATING CLAUSE — Purchaser mil be •asp onvble for F.I'.r.g all undrigrbund stodge tanks iivith'Irji,.d har:;ist .,_.mediately i•pon
setting tapir, in excavations Thr Seiler shad noti Fy the Parcr-Iser when product Il ho- needed The Seller snap lot he rosponsibLo for the
contamination or loss of the product ,ised for ballast Ir the event any tanks shock! Nat. di ie to lalurC iJ Pauchaserto 'ilt tanks Seller
shall be held blameless. All expense for equipment. tabor and material; to re nsta: !rinks shall be roue by the Pi.achaJCr
RELATED WORK — Labor, mateialsandoutsideserLicesforelectrical.cor,cre'e.hacktopclsavourwork are '.otincludeddeproposals
unless spec'hed
TAXES— Pores quoted on equipment labor. and repair parts are subject to tear_rel. state and m'ininpa! taxes and Licenses whim may
be in effect or which may be Imposed poor to tte actual shipment of materials and equipment.
TERMS — Terms of payment are as specified on the front of this quotation De; vary of major equipment rtemr to Sellers plantJor
purposes of holding for convenience of Purchaser or coordination of installation shall be considered dee✓ery"for purposes of rendering
of Invoice and invoice will be rendered at that time in accordance with terms stated above.
SECURITY AGREEMENT— Purchaser (also Lalled Debtors hereby giants to £e'ler altee GALA S rod 1)cirei I a •r :. r Ili darert r the
properly described in this Colilract (Collator:la urn rhe Ei lire contract price Pas Lee i a'd Up:nor n ' ,un 'nth S :iaka! P ity •n
executing one ur more Financing Statement_ p„ rs.ia'll to the Uniform Ce-nmeraai Code .r rem sa'i'tactery to flit Securer! Par:y
het for agree; V) exec. ute any additional seg.'.:r.ty. agreement, or other dvcumerit, trat Secured Party iva'ts ]sii•i.ert. s sec,,. ay !raciest
In Collateral Debtor ;hall be in default upon the happenirg of any of the ! ollowing grits or conditions 1) default ir nor Pay-risnt or
performance of any oetegaLJn, co'/enant or liability, ;b; death. dissolLFar, term•nation u' existence. •nsakre••cy busrnr:sc failure,
3rrpnintrnent of a receiver, acsignmert for the be nen! Of ci editors or the commencement et any procLedingc tinder any hankrup'cy • t
ir=nlvency :a ors by el 3gmes1 Debtor Upon such uteault and at any l ime there after the Sr:cured Party tray deaut all oh, ga"cis secured
hereunder immediately due and payable and shall nave the remedies of a secured party under the Uviform Commercial Code
COLLECTION AND ATTORNEYS.FEES— In the event :nal t becomes necessary for the" Seller (Seiaired Panty to piaci-it'll: Contract in
the: hands of any attorney tor collection. the Purchaser t Debate I agrees to pay all costsof collection including reasora a t attorneys fees
GOVERNING LAW — Put ties agree that this Contract is made in the State of Tennessee will be construed accorr'ing to laws of that
state.
Ce7-17V/P2,
TO:
ATTN. OF:
YOUR INQUIRY:
&2UOTATION & CONTRACT
CR ZEN EQUIPMENT COMPANY, INC. •
1705 EAST 5TH STREET
NORTH LITTLE ROCK, ARKANSAS 72114
TELEPHONE (501) 374-1528
FAX (501) 374-1515
CITY OF FAYETTEVILLE PURCHASING DIVISION
113 WEST MOUNTAIN, ROOM 306
FAYETTEVILLE AR 72701
PEGGY VICE, PURCHASING MANAGER
No. QN 7382
In reply refer to above number
PAGE 2 OF
DATE:
BID REQUEST #03-52, AVIATION GASOLINE SELF -SERVE SYSTEM FOR DRAKE FIELD
4
09/04/03
We are pleased to sut'mit quotation on our Interpretation of your requirements, subject to terms and conditions printed on reverse side of this proposal.
TANK, TANK FITTINGS AND ACCESSORIES, INSTALLED:
1 1,000 GALLON FIREGUARD HORIZIONTAL ABOVE GROUND TANK
U/L 2085, 54" x 144", WITH 6" PRIMARY & SECONDARY EMERG. VENTS,
FULL LENGTH SKIDS AND COATED WITH WHITE ACRYLATHANE
1 MORRISON 749 -0100 -AV 8 OZ. PRESSURENACUUM 2" PRIMARY VENT
1 MORRISON 354 -0200 -AV UPDRAFT 2" SECONDARY VENT
1 MORRISON 918 -0100 -AG CLOCK GAUGE WITH BATTERY OP. ALARM
1 MORRISON 419-0600-1T 2" x 4' DROP TUBE
1 MORRISON 517 -0200 -AC 3-1/2 GALLON SPILL CONTAINER
1 OPW 1P-2105 HAND SUMP PUMP
1 FP4040B 4" x 4" PIPE NIPPLE
1 MORRISON 305C -0100 -AC 4" TOP SEAL CAP
1 MORRISON 305L -0200 -AA 4" TOP SEAL ADAPTER
1 MORRISON 419-0900-1T 4" x 5' DROP TUBE
1 MORRISON 346DI-0400-AV 1-1/2" EXTERNAL EMERGENCY VALVE
1 MORRISON 710-0150-1V 1-1/2" SOLENOID VALVE, 120V COIL
1 MORRISON 691B -0700-1V 1-1/2" FULL PORT LOCKING BALL VALVE
1 MORRISON 78DI-0200-AV 1/2" PRESSURE RELIEF VALVE
1 GASBOY 8753Q -IL MECHANICAL RETAIL HI -SPEED SUCTION PUMP, WITH:
VR10-4 COMPUTER, CZ- 10:1 MONEY PULSER & PP- PREPAY VALVE
1 GASBOY 048577 PRESSURE REGULATING VALVE
1 VELCON VF609A AV -GAS FILTER WITH CARTRIDGE & PRESSURE GAUGE
1 HANNAY N818 -25-26B REEL ONLY, SELF -REWIND
1 AVIATION FUEL HOSE, 1" x 50 FT, M x M, (CERTIFIED)
1 HANNAY 3/4" HOSE BALL STOP
1 HANNAY GR -75-50 REEL, 50' STATIC GROUND
1 MORRISON 218 -0400 -AN 1" AV -GAS OVERWING NOZZLE, WITH GROUND
1 INSTALLATION OF ABOVE EQUIPMENT AND ACCESSORIES
5,191.00 5,191.00
38.51
9.10
616.25
19.72
103.36
32.30
13.00
21.00
21.93
27.20
140.93
437.58
24.74
48.07
2,986.00
383.00
278.95
518.83
241.89
15.00
169.65
155.70
6,158.00
38.51
9.10
616.25
19.72
103.36
32.30
13.00
21.00
21.93
27.20
140.93
437.58
24.74
48.07
2,986.00
383.00
278.95
518.83
241.89
15.00
169.65
155.70
6,158.00
TOTAL TANK, TANK FITTINGS,
ACCESSORIES & INSTALLATION $17,651.71
TOTAL PROPOSAL - $
PLUS APPLICABLE TAXES
HOME OFFICE / 160 W. MALLORY AVENUE • MEMPHIS, TN 38109 • BOX 9333 • MEMPHIS, TN 38190 • (901) 774-3130
OFFICE LOCATIONS / MEMPHIS, TENNESSEE • JACKSON, MISSISSIPPI • TUPELO, MISSISSIPPI
NORTH LITTLE ROCK, ARKANSAS • MOBILE, ALABAMA
PEI
TIMM ACED COMMONS
ACCEPTANCE — This proposal. when accepted by the Eumhaserand when approved and accepted by an authorized officer of Seller in
Memphis, Tennessee, will constitute a bone fide contract subject to all terms and conditions.
ENTIRE AGREEMENT— It is expressly agreed that there are no promises, agreements or understandings, not specified in this proposal.
This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the
Purchaser and Seller.
PRICES — In the event the starting of work on this contract is delayed by Purchaser beyond 30 days of the acceptance of this contract,
the Seller reserves the right to re -negotiate prices on any major component, should there have been a price increase by the supplier of
those items. Purchaser shall belie the right to cancel the contract or accept the negotiated price increase.
DELIVERY—Delivery promises are contingent upon fires strikes, accidents or other causes beyond Seller's control. Seller will endeavor
to maintain schedules. but cannot guarantee to do so. Delivery, unless otherwise stated, does not include unloading. The Purchaser shall
make a storage area available to the Seller. Any necessary re -location of equipment or installation materials f rom this designated area will
be at the Purchaser's expense:
WARRANTY — The Seller warrants the equipment to be free from defects of materials and workmanship under normal use and service.
Seller's obligation under this warranty shall be limited to replacing parts thereof which shall. within one year atter delivery to the owner,
be demonstrated to be defective.
LIMITATION OF WARRANTY — EXCEPT FOR THE FOREGOING, THE SELLER MAKES NO WARRANTY WITH REGARD TO NEW
OR USED EQUIPMENT SOLD UNDER THIS AGREEMENT; SAID FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT• LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY PURCHASER THAT IN NO EVENT
WILL SELLER BE LIABLE FOR ANY PERSONAL INJURY OR ANY LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES, EVEN
IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES EXPRESSLY AGREE AND.
UNDERSTAND THAT THIS AGREEMENT REFLECTS THE FULL AND FINAL WRITTEN EXPRESSION OF APPLICABLE EXPRESS
OR IMPLIED WARRANTIES AND THAT THE WARRANTY AS SET FORTH HEREIN IS NOT TO BE EXPANDED. MODIFIED OR
CONTRADICTED BY PRIOR AGREEMENT OR BY CONTEMPORANEOUS ORAL REPRESENTATIONS OR AGREEMENTS OF
ANY KIND WHATSOEVER.
EXCAVATING CLAUSE -- Excavation quotations are based on normal soil conditions. In the event any underground structures, cables,
conduit, debris, rock. water. or running sand are encountered. destroyed, or damaged during the performance of the contract. the Seller
shall riot be held responsible. Additional costs resulting shall be borne by the Purchaser hut shall in no case exceed.existing rate scales
for labor and materials had the quotation originally been based on time and materials. If it becomes necessary for the Seller to abandon
the site of excavation, any expenses incurred tor work performed and additional work necessary to complete the contract shall be borne
by the Purchaser This expense shall in no case exceed the existing rate scale for labor and materials had the quotation been based on
labor and materials. Mechanical compaction of backfill is not included in the proposal unless specified. Finished grades are to be
established. verified and approved in writing by the Purchaser.
FLOATING CLAUSE — Purchaser will be responsible for filling all underground storage tanks with liquid ballast immediately upon
setting tanks in excavations. The Seller shall notify the Purchaser when product will be needed, The Seiler shall not he responsible for the
contamination or loss of the product used for ballast. In the event any tanks should float, due to failure to Purchaser to fill tanks. Seller
shall be held blameless. All expense for equipment, labor and materials to re -install tanks shall he borne by the Purchaser.
RELATED WORK — Labor, materials and outside services for electrical. concrete, blacktop of sewer work, are riot included in proposals
unless specified.
TAXES — Prices quoted on equipment. labor, and repair parts are subject to federal. state and municipal taxes and licenses which may
be in effect or which may be imposed prior to the actual shipment of materials and equipment.
TERMS — Terms of payment are es specified on the front of this quotation Delivery of major equipment items to Seller's plant or
purposes of holding for convenience of Purchaser or coordination of installation shall be considered "delivery" for purposes of rendering
of invoice and invoice will be rendered at that tune in accordance with terms stated above. •
-
SECURITY AGREEMENT — Purchaser (also called Debtor) hereby grants to Seller (also called Secured Party) a security interest in the
property describedin this Contract (Collateral) until the entire contract price has been paid. Debtor will join with Secured Party in
executing one or more Financing Statements pursuant to the Uniform Commercial Code ir. form satisfactory to the Secured Party.
Debtor agrees to execute any additional security agreements or other documents that Secured Party wants to protect its security interest
in Collateral. Debtor shall be in default upon the happening of any of the following events or conditions: (a) default in the payrnent or
performance of any obligation. covenant or liability, Ch) death. dissolution, termination ofexistence, insolvency, business failure,
appointment of a receiver, assignment for the benefit of creditors or the commencement of any proceedings under any bankruptcy or
insotvency laws by m against Debtor Upon such default and at any time thereafter the Secured Party may declare all obligations secured
he46urider immediately due and payable and shall have the remedies of a secured party under the Uniform Commercial Code
COLLECTION AND ATTORNEYS' FEES — In the event tnat it becomes necessary for the Seller (Secured Party) to place this Contract in
the hands of any attorney for collection. the Purchaser (Debtor) agrees to pay all costs of collection including reasonable attorneys' fees.
GOVERNING LAW — Par ties agree that this Contract is made in the State of Tennessee will be construed according to laws of that
state.
CMQUOTATION & CONTRACT
EN EQUIPMENT COMPANY, INC.
1705 EAST 5TH STREET
NORTH LITTLE ROCK, ARKANSAS 72114
TELEPHONE (501) 374-1528
FAX (501) 374-1515
TO: CITY OF FAYETTEVILLE PURCHASING DIVISION
113 WEST MOUNTAIN, ROOM 306
FAYETTEVILLE AR 72701
ATTN. OF: PEGGY VICE, PURCHASING MANAGER
YOUR INQUIRY:
•
No. QN 7382
In reply refer to above number
PAGE 2 OF 4
DATE:
BID REQUEST #03-52, AVIATION GASOLINE SELF -SERVE SYSTEM FOR DRAKE FIELD
09/04/03
We are pleased to submit quotation on our Interpretation of your requirements, subject to terms and conditions printed on reverse side of this proposal.
TANK, TANK FITTINGS AND ACCESSORIES, INSTALLED:
1 1,000 GALLON FIREGUARD HORIZIONTAL ABOVE GROUND TANK 5,191.00 5,191.00
U/L 2085, 54" x 144", WITH 6" PRIMARY & SECONDARY EMERG. VENTS,
FULL LENGTH SKIDS AND COATED WITH WHITE ACRYLATHANE
1 MORRISON 749 -0100 -AV 8 OZ. PRESSURENACUUM 2" PRIMARY VENT 38.51 38.51
1 MORRISON 354 -0200 -AV UPDRAFT 2" SECONDARY VENT 9.10 9.10
1 MORRISON 918 -0100 -AG CLOCK GAUGE WITH BATTERY OP. ALARM 616.25 616.25
1 MORRISON 419-0600-1T 2" x 4' DROP TUBE 19.72 19.72
1 MORRISON 517 -0200 -AC 3-1/2 GALLON SPILL CONTAINER - 103.36 103.36
1 OPW 1P-2105 HAND SUMP PUMP 32.30 32.30
1 FP4040B 4" x 4" PIPE NIPPLE 13.00 13.00
1 MORRISON 305C -0100 -AC 4" TOP SEAL CAP 21.00 21.00
1 MORRISON 305L -0200 -AA 4" TOP SEAL ADAPTER 21.93 21.93
1 MORRISON 419-0900-1T 4" x 5' DROP TUBE 27.20 27.20
1 MORRISON 346D1 -0400 -AV 1-1/2" EXTERNAL EMERGENCY VALVE 140.93 140.93
1 MORRISON 710-0150-1V 1-1/2" SOLENOID VALVE, 120V COIL 437.58 437.58
1 MORRISON 691B -0700-1V 1-1/2" FULL PORT LOCKING BALL VALVE 24.74 24.74
1 MORRISON 78DI-0200-AV 1/2" PRESSURE RELIEF VALVE 48.07 48.07
1 GASBOY 8753Q -IL MECHANICAL RETAIL HI -SPEED SUCTION PUMP, WITH: 2,986.00 2,986.00
VR10-4 COMPUTER, CZ- 10:1 MONEY PULSER & PP- PREPAY VALVE
1 GASBOY 048577 PRESSURE REGULATING VALVE 383.00 383.00
1 VELCON VF609A AV -GAS FILTER WITH CARTRIDGE & PRESSURE GAUGE 278.95 278.95
1 HANNAY N818-25-266 REEL ONLY, SELF -REWIND 518.83 518.83
1 AVIATION FUEL HOSE, 1" x 50 FT, M x M, (CERTIFIED) 241.89 241.89
1 HANNAY 3/4" HOSE BALL STOP 15.00 15.00
1 HANNAY GR -75-50 REEL, 50' STATIC GROUND 169.65 169.65
1 MORRISON 218 -0400 -AN 1" AV -GAS OVERWING NOZZLE, WITH GROUND 155.70 155.70
1 INSTALLATION OF ABOVE EQUIPMENT AND ACCESSORIES 6,158.00 6,158.00
TOTAL TANK, TANK FITTINGS,
ACCESSORIES & INSTALLATION $17,651.71
TOTAL PROPOSAL - $
PLUS APPLICABLE TAXES
HOME OFFICE / 160 W. MALLORY AVENUE • MEMPHIS, TN 38109 • BOX 9333 • MEMPHIS, TN 38190 • (901) 774-3130
OFFICE LOCATIONS / MEMPHIS, TENNESSEE • JACKSON, MISSISSIPPI • TUPELO, MISSISSIPPI
NORTH LITTLE ROCK, ARKANSAS • MOBILE, ALABAMA
TEL
TERMS AND CONDITIONS
ACCEPTANCE— This proposal. when accepted by the aurchaser.and wile napproved and accepted by an authorized officer of Seller In
Memphis, Tennessee, will constitute a bona fide contract subject to all terms and conditions.
ENTIRE AGREEMENT — t is expressly agreed that there are no promises, agreements or understandings. not specified in this proposal.
Thr, Agreemen' can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the
Purchaser and Seller.
PRICES — In the event the starting of work an this contract is delayed by Purchaser beyond 30 days of the acceptance of this contract.
the Seller reserves the right to m -negotiate prices on any major component, should there haus boon a price increase by the supplier of
those items five chacer shall have the right to cancel the contract or accept the negotiated price increase
DELIVERY — Deliverypronitras ern contingent upon fires. strikes, accidents or othercae,es beyond Srl!E rs;:ontro'' Seller wdlerraavcr
;o maintain schedules. but cannot guarantee to do so DeLvery. ur less otherwise stated. does nut mcli.dr unicartc.; Tr Prnc.':nsersh.;ll
make a storage area it. va4ab!c to the Seller. Any necesc. ty re-tocatipn of equipment or 'rstdl'aten msbaoals train this dzrignatod arta will
be at the Purchasers exper'se-
WARRANTY — Se''•crr,jurran;sthe °gr..pment to by.. (rue 'torn detects of ma!r ialsard wo:krcaeslip urdtr roe ttil ue.. andservice
Seller cultig.hr^ under nes warranty shall bel Mu ted to replacing partstirereof wrier ''alt whin aro year after ds':very to theo•.,nen
be demonstrated lu be detective
LIMITATION OF WARRANTY — EXCEPT FOR l HE FOREGOING. THE SELLER MAKES NC'7ARt1ANTY WITH REGARD TO NEW
OR I JSFG'ECUIPMENT SOLD UNDER THES AGREEMENT, SAID FOREGOING WARRANTEES ARE :N LIEU OF AL' OTHER
VVARRAra` E:::x' PRFSUED OH IMPLIED. INCLUDING l^11 THOUT LIMITATION V.ARHAN TES OF MERCHANTABIL'TY OR
f!TNESS FON A r'ARTIC'ULAR PU°POSE I r IS LXPRESSLY UNDERSTOOD AND AGREED BY PURCHASER THAT IN NO EVENT
WILL SELLERBSL' ABLE FOR ANYPERSONAL INJURY CR Nett LOST PROF I TS Olt OHER CONSEOL. ENTIAi DAMAGES EVEN
IF SELLER HAS BEEN ADVISED CF THE POSSBILITY OF SUCH DAMAGES THE PART'ES EXPRESSLY AGREE AND
UNDERSTAND THAT ' HIS AGREEMENT REFLECTS THE FULL ANO FINAL WRITTEN EXPRF SSION OF APPLICABLE EXPRESS
OR IMPLIED WARRANTIES AND THAT THE WARRANTY AS SET FORTH HERE:N IS NOT TO BF EXPANDED_ MODIFIED OR
:GNTRADICT[DHY PRIOR AGREEMENT OR BY CONTEMPORANEOUS ORAL REPRESENTAT'ONS OR AGREEfvMENTS OF
ANY KIND WHATSOEVER
EXCAVATING CLAUSE-- Excs,ationq•cctations are based or normal sod cdliabore, in' heEvert arty underground structures cables
condu11.'1r. tins. rockwater ur rurnirg sand mz encountered destroyed or ea:rage:dunngtF. e pertorrrencear:recnntract theSeller
shat; not fiend rrspensibie Artdihnralcest`,res'JthngShat, to bet -le by the Purchaser hitt snail.n no cast: exne,o existing rate scales
for labor and materials nad the quotation or.girial'y been based or time ar 1 materials If it becomes t ce5tary for the SE Her 'O abandon
the site ofryu•i. anon anyerpense;ricl.rrtd to v.urx c.rdurmrd and adld,Ora'rrork necessary tocomp'ete theconitaat shall be borne
by ire Purchaser Th s expense.n rib cau <:,ceed the nest ng rate scale tor labor and mater.als red the quotation been based nn
hrhur and 'i ate '.r!s Mechanical compaction of baceft': s net t' ciuded .n the proposal urtuss specttied r:ntshrd grades are to be
estaLLshr a verified and approved to wr Eng by the Purchaser
FLOATING CLAUSE — Purchaser will be tesponsible for ha nig ail,.ndrrground storage tanks with 'I ,ul•a hottest Immediately upon
setf'ry tanks in excavations The SNIT -shall notify the Purchaser wher product will be needed Tk,nSei!er sr . all .tut he responsible for the
contaminabor or less of the product ,sed for ballast. Ir the e.^rt any tanks should float due to'ad:rr to Purchaser to fill tanks. Seller
shat) be held blameless All expense for equipment. labor and mater✓its to rt install tanks snail re rorne by the Purchaser
RELATED WORK— Labor. materialsand outside cervices for electrical c„ r trete h acktoc of sewer work are r.bt included in proposals
unless specified
TAXES — Prices quoted on equipment. labur. and repair earls are subject to federalstate and municipal tares and'teenses which may
be in effect ur which may be Imposed prior to the actual shipment of materials and equ'.pmert.
TERMS — Terms of payment are as specified on the front of this quotation Delivery of major equipment items to Seller's plant,for
purposes of holding for convenience of Purchaser orcoordinahun or installation shall be considered • delivery"fot purposes of rendering
of Invoice and invoice will be rendered at that time in accordance with terms stated above.
SECURITY AGREEMENT— Purchaser (also called Debtor) hereby giants to Seller 'also called Secured Part,/ 1 a security intere°d ha the
property described in this Contract (Collateral) tint' the Brine contract price has been pard Debtor .•.all ;um with Secured Party in
executing one or more Financing Statement_ pursuant lc the Uniform Commercial Code it fnrm 3afisfactary to the Secured Party.
Debtor agrees toexetute any additional security agreement, or ether dr cumetit, that Secured party warts to pr r,tert its security interest
in Collateral Debtor shall be in default upon the happenirg of any of the following events or conditions (a) default it the payrnent or
performance of any ob:igatton. covenant or liability, Ib) death disso;..bun, termination of existence, insolvency, business failure.
appointment of a receiver, assignment for the benefit of nueditors or the commencement of any proceeding_ under any bankruptcy or
insolvency la ors by Pi against Debtor Upon such oefautt and at an} time there after the Secured Party may declare all obligations secured
hereunder immediately due and payable and shall have the remedies of a secured party under the Uritorm Commercial Code
COLLECTION AND ATTORNEYS' FEES — Ir, the event Mat .t becomes necessary tor the Seller (Secured Party) to place this Contract in
Ihc. hands of any attorney torcoliection. the Purchaser ( Debtor) agrees to pay all costs of collection including reasorable attorneys' fees.
GOVERNING LAW — Parties agree that this Contract is made in the State of Tennessee will be construed according to laws of that
state.
UOTATION & CONTRACT
CR EN EQUIPMENT COMPANY, INC.
1705 EAST 5TH STREET
NORTH LITTLE ROCK, ARKANSAS 72114
TELEPHONE (501) 374-1528
FAX (501) 374-1515
TO: CITY OF FAYETTEVILLE PURCHASING DIVISION
113 WEST MOUNTAIN, ROOM 306
FAYETTEVILLE AR 72701
•
No. QN 7382
In reply refer to above number
3 4
PAGE OF
DATE: 09/04/03
ATTN. OF: PEGGY VICE, PURCHASING MANAGER
YOUR INQUIRY: BID REQUEST #03-52, AVIATION GASOLINE SELF -SERVE SYSTEM FOR DRAKE FIELD
We are pleased to submit quotation on our Interpretation of your requirements, subject to terns and conditions printed on reverse side of this proposal.
APPLIED TECHNOLOGY FUEL SYSTEM:
1 M3000 PLUS AVIATION FUEL MANAGEMENT SYSTEM, FEATURES:
4 LINE DISPLAY, NUMERIC KEYPAD, INSERT CARD READER, THERMAL
PRINTER, OIL CARD & MAJOR CREDIT CARD ACCEPTANCE, REMOTE
RETRIEVAL SALES, WINDOWS SOFTWARE, PRIVATE CARD CAPABLE,
ACCOUNT MANAGEMENT, INVOICING, ACCOUNT DETAIL, BASIC
DISCOUNTING, FUEL TYPE BLOCKING, ACCESS SCHEDULES,
PURCHASES (LOG ONLY), TRANSACTIONS, SALES ACTIVITY, SALES
SUMMARY, TRANSACTION DETAIL LOG, SEND TERMINAL
CONFIGURATIONS, SEND ACCOUNTS TO TERMINAL, REMOTE BATCH
CLOSE, FORCED BATCH CLOSE, AUTO RETREIVAL SCHEDULES
AND EVENT LOG.
1 SHIPPING & HANDLING
1 INSTALLATION OF ABOVE EQUIPMENT AND ACCESSORIES
10,520.00 10,520.00
225.00 225.00
400.00 400.00
ITOTAL M3000 PLUS
FUEL MANAGEMENT SYSTEM $11,145.00
M3000 PLUS SYSTEM SETUP & INITIALIZATION:
1 START-UP & TRAINING, (PROVIDED BY APPLIED TECHNOLOGY) INCLUDES: 1,500.00
FINAL WIRING OF M3000, CONNECT POWER AND TELEPHONE LINE TO M3000,
CONNECT SUCTION PUMP TO M3000, LOAD FUELMASTER PLUS SOFTWARE
AND PROVIDE INSTRUCTION ON BOTH SOFTWARE AND USE OF M3000.
OTHER CHARGES NOT LISTED:
ALL APPLICABLE TAXES & FEES
1,500.00
(TOTAL M3000 SET-UP & INITIALIZATION $1,500.001
2,088.12
'TOTAL OTHER CHARGES NOT LISTED $2,088.121
TOTAL PROPOSAL — $
PLUS APPLICABLE TAXES
HOME OFFICE / 160 W. MALLORY AVENUE • MEMPHIS, TN 38109 • BOX 9333 • MEMPHIS, TN 38190 • (901) 774-3130
OFFICE LOCATIONS / MEMPHIS, TENNESSEE • JACKSON, MISSISSIPPI • TUPELO, MISSISSIPPI
NORTH LITTLE ROCK, ARKANSAS • MOBILE, ALABAMA
T
ew
APID CONDITIONS
ACCEPTANCE — This proposal. when accepted by the Rurchaserand Innen approved and accepted by an authorized officer of Seller in
Memphis, Tennessee, will constitute a bone fide contract subject to all terms and conditions.
ENTIRE AGREEMENT — It is expressly agreed that there are no promises, agreements or understandings, not specified in this proposal.
This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the
Purchaser and Seller.
PRICES — in the event the starting of work on this contract is delayed by Purchaser beyond 30 days of the acceptance of this contract,
the Seller reserves the right to re -negotiate prices on any major component, should there have been a price increase by the supplier of
those items. Purchaser shall have_the right to cancel the contract or accept the negotiated price increase.
DELIVERY — Delivery promises are contingent upon fires, strikes, accidents or other causes beyond Seller's control. Seller will endeavor
to maintain schedules. but cannot guarantee to do so. Delivery. unless otherwise stated, does not include unloading. The Purchaser shall
make a storage area available to the Seller. Any necessary re -location of equipment or installation materials tram this designated area will
be at the Purchaser's expense:
WARRANTY — The Seller warrants the equipment to be free from defects of materials and workmanship under normal use and service.
Seller's obligation under this warranty shall be limited to replacing parts thereof which shall, within one year after delivery to the owner,
be demonstrated to be defective.
LIMITATION OF WARRANTY — EXCEPT FOR THE FOREGOING, THE SELLER MAKES NO WARRANTY WITH REGARD TO NEW
OR USED EQUIPMENT SOLD UNDER THIS AGREEMENT; SAID FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY PURCHASER THAT IN NO EVENT
WILL SELLER BE LIABLE FOR ANY PERSONAL INJURY OR ANY LOST PROF) TS OR OTHER CONSEQUENTIAL DAMAGES. EVEN
IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY_ OF SUCH DAMAGES. THE PARTIES EXPRESSLY AGREE AND.
UNDERSTAND THAT THIS AGREEMENT REFLECTS THE FULL AND FINAL WRITTEN EXPRESSION OF APPLICABLE EXPRESS
OR IMPLIED WARRANTIES AND THAT THE WARRANTY AS SET FORTH HEREIN IS NOT TO BE EXPANDED. MODIFIED OR
CONTRADICTED BY PRIOR AGREEMENT OR BY CONTEMPORANEOUS ORAL REPRESENTATIONS OR AGREEMENTS OF
ANY KIND WHATSOEVER.
EXCAVATING CLAUSE-- Excavation quotations are based on normal soil conditions. In the event any underground structures. cables,
conduit, debris. rock. water, or running sand are encountered, destroyed, or damaged during the performance of the contract. the Seller
shall not be held responsible. Additional costs resitting shall be borne by the Purchaser but shall in no case exceed existing rate scales
for labor and materials had the quotation originally been based on time and materials. If it becomes necessary for the Seller to abandon
the site of excavation, any expenses incurred for work performed and additional work necessary to complete thecontract shall be borne
by the Purchaser This expense shall in no case exceed the existing rate scale for labor and materials had the quotation been based on
labor and materials. Mechanical compaction of backfill is not included in the proposal unless specified. Finished grades are to be
established, verified and approved in writing by the Purchaser.
FLOATING CLAUSE — Purchaser will be responsible tor filling all underground storage tanks with liquid ballast immediately upon
setting tanks in excavations. The Seiler shall notify the Purchaser when product will be needed. The Seller shall not be responsible for the
contamination or loss of the product used for ballast. In the event any tanks should float, due to failure to Purchaser to fill tanks. Seller
shall be held hlameless. All expense.for equipment, labor andmaterialsto re -install tanks shall he borne by the Purchaser.
REtATED WORK — Labor, materials and outside services Rtflitectrical. concrete, blacktop of sewer work, are riot included in proposals
unIess specified.
TAXES — Prices quoted on equipment, labor, and repair parts are subject to federal. state and municipal taxes and licenses which may
be in effect or which may be imposed prior to the actual shipment of materials and equipment.
TERMS — Terms of payment are as specified on the front of this quotation. Delivery of major equipment items to Seller's plani,for
purposes of holding for convenience of Purchaser or coordination -of installation shall be considered "delivery" for purposes of rendering
of invoice and invoice will be rendered at that time in accordance with terms stated above.
SECURITY AGREEMENT— Purchaser (also called Debtor) hereby grants to Seller (also called Secured (Darty) a security interest in the
property described in this Contract (Collateral) until the entire contract price has been paid Debtor will join with Secured Party in
executing one or more Financing Statements pursuant to the Uniform Commercial Code in form satisfactory to the Secured Party.
Debtor agrees to eirecurf: any additio (rmecintrati ether documents that Secured Party wants to protect its security interest
in Collateral. Debtor shall be in default upo.a thdhappening of a?ry of the following events or conditions: (a) default in the payment or
performance of any obligation, covenant or liability; (b) death. dissolution, termination of existence. insolvency, business failure,
appointment of a receiver, assignment for the benefit of creditors or the commencement of any proceedings under any bankruptcy or
insolvency laws by of against Debtor Upon such default and at any time thereafter the Secured Party may declare all obligations secured
hereunder immediately due and payable and shall have the remedies of a secured party under the Uniform Commercial Code
COLLECTION AND ATTORNEYS' FEES— Ir. the event that it becomes necessary for the Seller (Secured Party) to place this -Contract in
the hands of any attorney for collection. the Purchaser (Debtor) agrees to pay all costs of collection. including reasonable attorneys' fees.
GOVERNING LAW — Parties agree that Ogg -Contract -43 made in the State of Tennessee will be construed according to laws of that
state.
•
TO:
ATTN. OF:
RAQUOTATION & CONTRACT
CN EQUIPMENT COMPANY, INC.
1705 EAST 5TH STREET
NORTH LITTLE ROCK, ARKANSAS 72114
TELEPHONE (501) 374-1528
FAX (501) 374-1515
CITY OF FAYETTEVILLE PURCHASING DIVISION
113 WEST MOUNTAIN, ROOM 306
FAYETTEVILLE AR 72701
PEGGY VICE, PURCHASING MANAGER
No QN 7382
In reply refer to above number
PAGE 3 OF 4
DATE:
YOUR INQUIRY: BID REQUEST #03-52, AVIATION GASOLINE SELF -SERVE SYSTEM FOR DRAKE FIELD
09/04/03
We are pleased to submit quotation on our interpretation of your requirements, subject to terms and conditions printed on reverse side of this proposal.
APPLIED TECHNOLOGY FUEL SYSTEM:
1 M3000 PLUS AVIATION FUEL MANAGEMENT SYSTEM, FEATURES:
4 LINE DISPLAY, NUMERIC KEYPAD, INSERT CARD READER, THERMAL
PRINTER, OIL CARD & MAJOR CREDIT CARD ACCEPTANCE, REMOTE
RETRIEVAL SALES, WINDOWS SOFTWARE, PRIVATE CARD CAPABLE,
ACCOUNT MANAGEMENT, INVOICING, ACCOUNT DETAIL, BASIC
DISCOUNTING, FUEL TYPE BLOCKING, ACCESS SCHEDULES,
PURCHASES (LOG ONLY), TRANSACTIONS, SALES ACTIVITY, SALES
SUMMARY, TRANSACTION DETAIL LOG, SEND TERMINAL
CONFIGURATIONS, SEND ACCOUNTS TO TERMINAL, REMOTE BATCH
CLOSE, FORCED BATCH CLOSE, AUTO RETREIVAL SCHEDULES
AND EVENT LOG.
1 SHIPPING & HANDLING
1 INSTALLATION OF ABOVE EQUIPMENT AND ACCESSORIES
10, 520.00 10, 520.00
225.00 225.00
400.00 400.00
TOTAL M3000 PLUS
FUEL MANAGEMENT SYSTEM $11,145.00
M3000 PLUS SYSTEM SETUP & INITIALIZATION:
1 START-UP & TRAINING, (PROVIDED BY APPLIED TECHNOLOGY) INCLUDES: 1,500.00
FINIAL WIRING OF M3000, CONNECT POWER AND TELEPHONE LINE TO M3000,
CONNECT SUCTION PUMP TO M3000, LOAD FUELMASTER PLUS SOFTWARE
AND PROVIDE INSTRUCTION ON BOTH SOFTWARE AND USE OF M3000.
1,500.00
'TOTAL M3000 SET-UP & INITIALIZATION $1,500.00
OTHER CHARGES NOT LISTED:
ALL APPLICABLE TAXES & FEES 2,088.12
(TOTAL OTHER CHARGES NOT LISTED $2,088.121
TOTAL PROPOSAL — $
PLUS APPLICABLE TAXES
HOME OFFICE / 160 W. MALLORY AVENUE • MEMPHIS, TN 38109 • BOX 9333 • MEMPHIS, TN 38190 • (901) 774-3130
OFFICE LOCATIONS / MEMPHIS, TENNESSEE • JACKSON, MISSISSIPPI • TUPELO, MISSISSIPPI
NORTH LITTLE ROCK, ARKANSAS • MOBILE, ALABAMA
;PEI
ACC7:7r'A1C.:— Thia propos.:. I. whanacc^ : i b^'t-. 2uz11:ilr, • r d'Jtar> oproved end i'.ecepied by En cutliorlxcd officer cr Sz Thar 11
Ulemphis. Tennessee, ;'gill constitute z bone fide coiitraci subject to ell i3rm3 and conditions.
':.7l::2:'.c7.=::.T3 It is eaprs::iyegrszd:hereherar.;znop:omises,agresmeni,;orundcrntandlnns,netspecifiedinThioron.�i
This Agreemant can curly be :a:cdiLzd :, c,� I:,zn . nr:._ rnent duly 3igic:1 by parsons autl-, zcci !c ;Lon cgresment; on i;a`ali of lite
Purchaser and Seller.
-..i —I::.h,av„nttha brthis ccnhe.ci„dacysd6v'un,;haserher. 'Id CCda;,ort'nz2.c:asmLcnoi _Ms
c-r.!cc'.
Mu Callerre±'n es tae right io r e-s a7 any major compancnt..f mid t r, het: i.z:n r. :r,.r rtea ee•e.ty L^;:rpolr'r of
1:' use iter PurChf..<:r s •II 'ova the hc'h::o cr :cel Eta contract or recent the n:goha;.^d
JcLIVc tV— Delivery prom'- are co tri; •nt upor'irss ;tri:. s, accidents or o;.iar causes 'chi) r r .con .-olCL. i :In a,,,_sof
•rtes.' but car not quarimire to de eo F':I!vacy, ur!ecsotherwirn ste c:Jcs r.i' :. In/Ct..i r.. the P_'c!'n:..: —h.tll
•n.:,east.xage..reaava'lableto''eSel'-- 'rya^r-' saryrr-:orationolcqu'pmentor nsl,'Ialra , 51romth",designaiu::_r,:.: rill
ba a! the Purchasers experse'
1.7A.^9^.i2'"—• Ike'lerrrurran!sthe ..q,.;,m,; tmatcri 1,r.ndvrer.---.^.h.j vein, nor nal uscandse-vee
3ri;rr's obligation .Indr rt is visrroirt,ishail he lin- feel to ix i-'acing p..•l•. '. moi oath ...;-.'Ir.thin;: r.r riftrr JL-:verytp the a:-•
he demonstrated to be defective
Ll:fiTAT Cif 0-'.: viva::.aY-."— EXCE°T F OR THE I OREC31NC. THE SELLER'•A,\ICES :x.0 1LAR.R.AN TY WITH REGARD TO NEC?
CR USEG EOU rb1EidT SO_D L;':C'SR TH,r AGM SF`r:LirTT, SAID FOREGOING C•AF;RANiTIES ARE IA1 LIEU Of: ALL OTHER
WARRANTIES E:;7FIESSEI] OH l'.;'LiS ., INCL.1DING WITHOUT L.I's'4 TAT iris: e ME = rRx;h,ANTAHIi:.': L"1
FITNESS FOR A PAHTIC'JLAP, P',1RPCSE IT r5 EXPT4ESSLY UNDERSTOOD A'tiC ! ,CFI ASF,' HAT • sT ND EVENT
WA!'. SELLER HE ... AC'_E r'OH ANY P::iSO:tiA _ INJURY OR ANY LCI,T PROFITS OR 07-HER CDY5EOL EN-T'AL DAv'AGc5 EVEN
IF SELLER tIAS BEEN ADVISED CF IiiE POSSIBILITY OF SUCH DAMAGES. THE PARTIES EXPRESSLY AGREE AND
LAGERS' AND THAT THS AGREEi.ik-.,\T REEL ECTS THE ; ULL ANI) FINAL WRITTEN EXPRESSION OF APPLICABLE EXPRESS
OR IMPLIED WARRANTIES AND Tr AT THE WARRANTY AS SET FOP FPI HERE'S: 15 NOT r0 BE EXPANDED ;.1 ODIFIED OR
CONTRADICT ED HYPRIORAGREL:oiEN-: OR BY CONTEMPORANEOUS ORAL RE:°RESENTAT'ON3 OR AGREE \1E'N'TSOF
ANY KIND WHATSOEVER
_XCAVATI?G CLAUSE. -- Exravaticn qucta!'or•' are ha:,rn ar norma, ;oil cur iitions .n the ever: any uodergroun; •J ruclures. cables.
c)rdurt, rlr:hes. uce. water Jr running sand me ,icon,irterci deutruled or dam,agei during the perforrrnreeor;he -: nrtract rhe Seller
shall nut ne nrld responsible Arldit'nral costs res:.ILrig :.',Ill ce hewn by the Purrhase; Ilut shall r nor aceex mei exis!'r'n rate scales
for abor and materials mad the a uotat bon ehrg:nary bt ase m i time dr." n:ah;ri,-.IS 11!tbccurncs tecessry for the Seller to 2 ba^don
the site of excavation any expr-y;incurred tor,.v_rrir periorniea and dr-Miter&xrurc neer:ssa•y tocompletethe:nntract shall be borne
by Ire Purchaser Th,s expense shall in no case exceed ft: •, exisIng rate reale Ior fagor and matcnals had It e qu,.tatnn hien cased on
I,.ibur and materials Mechanical compaction of backfin net ITICtuded :n the proposal Jmess specl,,,i 'wished grades arc to be
established. verified and approved in writing by the Purchaser
FLOATING CLAUSE — Purchaser will be fesj-onsible for filing an uncleigrchaiid storage tanks :ni 1qu. i hall®=t immediately i'pon
setting tanks in excavations The Seiler small notify the Purchaser wher product will he needed. Tee Seder scall not ne responsibl: for the
contamination or loss of the product ased for Palest In the evert any tanks should Peat. due to tai urc 13 Purchaser 17 fill tacks. Seller
shall be held blameless All expense for eq.iipnent, labor and meteor, ; to re install tanKs shat' cc come by ter Purchaser
RELATED WORK — Labor.rnaferra'sand outside services for electrical. concrete. h acktcp of se_•.•r. ar'e are rot nci„dr dr- proposals
unless specified
TAXES— Prices quoted on equipment labor. and repair parts are subject to federal. state and in'ini.-ipa' tares and licenses which may
be in effect or which may be imposed prior to t'.c actual shipment of materials and equipment
TERMS — Terms of payment are as specified on the front of this quotation Delivery of major equipment items to Seller's plant for
purposes of holding for convenience of Purchaser or coordination o, installation shall be considered"de;4,ery' for purposes of rendering
of invoice and invoice will be rendered at that tune in accordance with terms stated abo'.e.
SECURITY AGREEI1ENT— Purchaser (also called Debtor) hereby grants to Seller !also called Secured Par yl a : ecurity interest in the
property described in this Contract (Collateral) until the entire contract price has been paid Debtor vn'l tom with Secured Party in
executing one or more Financing Statements pursuant to the Uniform Commercial Code in form satisfactory to the Secured Party
Debtor agrees to executeany additional security agreements or other documents that Secured Party warts t:? prctcr r Its security.ntrrest
in Collateral Debtor shall be in default upon the happening of any of the following events or conditions ;a) defat»t in the payment or
performance of any obligation, covenant or liability, (h) death dissolutwn, ternanaticr of existence, :nsal.ericy. buantess failure.
appointment of a receiver, assignment for the benefit of creditors or the commencement of any proceedings ander any bankruptcy or
insolvency lakes by et against Debtor Upon such default and at any time thereafter the Secured Party may declare all ob.'gations secured
hereunder immediately due and payable and shall have the remedies of a secured party under the Uniform Commercial Code
COLLECTION AND ATTORNEYS' FEES— In the event that it becomes necessary for the Seller (Secured Party) to place th s Contract ,n
the hands of any attorney for collection. the Purchaser] Debtoil agrees to pay all costs of collection including reasonable attorneys' fees
GOVERNING LAW — Par ties agree that this Contract l5 made in the State of Tennessee will be construed according to laws of that
state.
TO:
ATTN. OF:
YOUR INQUIRY:
IE
UOTATION & CONTRACT .
CR
N EQUIPMENT COMPANY, INC.
1705 EAST 5TH STREET
NORTH LITTLE ROCK, ARKANSAS 72114
TELEPHONE (501) 374-1528
FAX (501) 374-1515
CITY OF FAYETTEVILLE PURCHASING DIVISION
113 WEST MOUNTAIN, ROOM 306
FAYETTEVILLE AR 72701
PEGGY VICE, PURCHASING MANAGER
No. QN 7382
In reply refer to above number
4 4
PAGE OF
DATE:
BID REQUEST #03-52, AVIATION GASOLINE SELF -SERVE SYSTEM FOR DRAKE FIELD
09/04/03
We are pleased to submit quotation on our Interpretation of your requirements, subject to terms and conditions printed on reverse side of this proposal.
INSTALLATION NOTES:
CUSTOMER RESPONSIBILITIES:
• POUR PROPER SIZE TANK & PUMP PADS AND INSTALL PROTECTIVE GUARDS
• PROVIDE DEDICATED PHONE LINE & INSTALL PHONE CONDUIT TO M3000 PLUS
• INSTALL ALL CONDUIT RUNS BETWEEN TANK, PUMP, M3000, E -STOP & PANEL
• LAST 10 FT OF CONDUIT MUST BE OF RIGID METAL AT BOTH ENDS WITH
EXPLOSION PROOF SEAL -OFFS AT EACH END
• INSTALL CHANNEL (OR SUITABLE) POLE FOR MOUNTING EMERGENCY STOP
SWITCH, AT LEAST 20 FT FROM TANK
• FURNISH & INSTALL EMERGENCY STOP SIGNAGE AND LOCATE BY SWITCH
CRUZEN RESPONSIBILITIES:
• ASSIST CUSTOMER WITH LOCATION, NUMBER & SIZE OF CONDUITS
• UNLOAD & SET TANK AND PRESSURE TEST
• INSTALL TANK FITTINGS AND ACCESSORIES
• MOUNT PUMP STAND, PUMP, REEL AND ACCESSORIES
• MOUNT M3000 PLUS AND CONNECT CONDUITS
• TIE CUSTOMER RUN CONDUITS INTO EQUIPMENT (PUMP, M3000, E -STOP & PANEL)
• PULL APPROPRIATE NUMBER & GAUGE WIRE TO EQUIPMENT
• REPLACE EXISTING PANEL & BREAKERS ADD BREAKERS FOR NEW
EQUIPMENT AND WIRE IN
• MOUNT E -STOP SWITCH TO CUSTOMER PROVIDED POLE AND WIRE IN
• RUN PRODUCT LINE & TEST
• VERIFY PUMP WIRING, OPERATION AND CHECK CALIBRATION
• VERIFY OVERFILL ALARM OPERATION
• ASSIST SITE PERSONNEL IN WIRING OF M3000 SYSTEM
AND TEST CONTROL OF PUMP AND PULSER OPERATION
• CALIBRATE METER AND SEAL
TOTAL PROPOSAL — $
PLUS APPLICABLE TAXES
HOME OFFICE / 160 W. MALLORY AVENUE • MEMPHIS, TN 38109 • BOX 9333 • MEMPHIS, TN 38190 • (901) 774-3130
OFFICE LOCATIONS / MEMPHIS, TENNESSEE • JACKSON, MISSISSIPPI • TUPELO, MISSISSIPPI
NORTH LITTLE ROCK, ARKANSAS • MOBILE, ALABAMA
PEI
2
TECnS ARID COMMONS
ACCEPTANCE— This proposal. when accepted by the Rurthaseeand when approved and accepted by an authorized officer of Seller in
Memphis, Tennessee, will constitute a bona fide contract subject to all terms and conditions.
ENTIRE AGREEMENT — It is expressly agreed that there are no promises, agreements or understandings, not specified in this proposal.
This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the
Purchaser and Seller.
PRICES — In the event the starting of work on this contract is delayed by Purchaser beyond 30 days of the acceptance of this contract,
the Seller reserves the right to re -negotiate prices on any major component, should there have been a price increase by the supplier of
those items. Purchaser shall have.the right to cancel the contract or accept the negotiated price increase.
DELIVERY — Delivery promises are contingent upon fires strikes, accidents Ur other causes beyond Seller's control, Seller will endeavor
to maintain schedules. but cannot guarantee to do so. Delivery. unless otherwise stated. does not include unloading. The Purchaser shall
make a storage area available to the Seller. Any necessary re -location of equipment or installation materials from this designated area will
be at the Purchaser's expense. _ ..
WARRANTY — The Seller warrants the equipment to be free from defects of materials and workmanship under normal use and service.
Seller's obligation under this warranty shall be limited to replacing parts thereof which shall. within one year afterdelivery to the owner,
be demonstrated to ,be defective. •
LIMITATION OF WARRANTY — EXCEPT FOR THE FOREGOING, THE SELLER MAKES NO WARRANTY WITH REGARD TO NEW
OR USED EQUIPMENT SOLD UNDER THIS AGREEMENT; SAID FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. ITIS EXPRESSLY UNDERSTOOD AND AGREED BY PURCHASER THAT IN NO EVENT
WILL SELLER BE LIABLE FOR ANY PERSONAL INJURY OR ANY LOST PROFII[Sp(THER-CONSEQUENTIALDAMAGES. EVEN
IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY. OF SUCH,DAMAG"ES, THE PARTIES EXPRESSLY AGREE AND.
UNDERSTAND THAT THIS AGREEMENT REFLECTS THE FULL AND FINAL.WRITTEN EXPRESSION OF APPLICABLE EXPRESS
OR IMPLIED WARRANTIES AND THAT THE WARRANTY AS SET FORTH HEREIN IS NOT TO BE EXPANDED, MODIFIED OR
CONTRADICT ED BYPRIOR AGREEMENT OR.BYCONTEMPORANEOUS ORAL REPRESENTATIONS OR AGREEMENTS OF
ANY KIND WHATSOEVER.
EXCAVATING CLAUSE-- Excavation quotations are based onrrbrmal soil conditions. Iathe event any underground structures. cables,
conduit, debris. rock. water, or running sand are encountered, destroyed, or damaged during the performance of the contract. the Seller
shall not be held responsible. Additional costs restdhng shall be borne by the Purchaser but shall in no case exceed existing rate scales
for labor and materials had the quotation originally been based on time and materials. If it bea:tnes necessary for the Seller to abandon
the site of excavation, any expenses incurred for work perforated and additional work necessary to complete the contract shall be borne
by the Purchaser This expense shall in no case exceed the existing rate scale for labor and materials had the gtptation been based on
labor and materials. Mechanical compaction of backfill is not included in the p{6l bsal r;r,zlbssecified Finished grades are to be
nnx
established. verified and approved in writing by the Purchaser. ' u iq, 1141 IN&y n,"`
FLOATING CLAUSE — Purchase(wilI J*a responsi6S for filling all underground storage tanks wnh liquid ballast immediately upon
setting tanks in excavations. The Seller shall notify the Purchaser when product will be needed. The Seller shallriot be responsible for the
contamination or loss of the product used for ballast. In the evedtttny�tanks should float, due to failure to Purchaser to fill tanks. Seller
shall be held blameless. All expense for equipment:dsbor:MU materltfls tdkrk°msi(vil tank kMiall be borne by the Purchaser.
RELATED WORK— Labor, materials and outside services for ele%rical. concxete, tilacktor'bt sewer Lridrk, are riot included in proposals
unless specified.
TAXES — Prices quoted on equipment, labor, and repair parts die subject to federal, state and municipal taxes and licenses which may
be in effect or which may be imposed,prior to tr,9 Qrtualms hiprreht of,tnatenals and4tgcipment.'
TERMS — Terms of payment are as specified on the front of this quotation Delivery of major equipfitent items to Seller's plant for
purposes of holding for convenienceof Purchaser orcoordinatiorr of tngR hatipn shall be considered "delivery"for purposes of rendering
of invoice and invoice will be rendered at that bine in accordance with terms stated above. • - . .tr
SECURITY AGREEMENT— Purchaser (also c;allr.PebtorlherebygrantstoSeller(alsocalledSect:red-?ai lasecurityinterestinthe
property described in this Contract (Collateral) until the entire contr,;l.t price has been paid C -Nor will ;oin with Secured Party in
executing one or more Financing Statements pursuant to the Ur-iform Commercial Code ip,ferm satisfac ory to the Secured Party.
Debtor agrees to execute any additional security agriementcz r ott .raocumenis.that Serdured nifty Carts t& yrotect its security interest
in Collateral. Debtor shall be in default upon the happentnof arf of the l ollowing evc'hts oit7onditions: (a) dtfault in the payrnent or
performance of any obligation, covenant or liability, (b) death. dissolution, terro'i hatijn d exitence, insolvency, business failure.
appointment of a receiver, assignment for the benefit of creditors or the commencement of any proceeding., under any bankruptcy or
insolvency laws by or against Debtor Upon such default and al any time thereafter the Secured Party may declare all obligations secured
hereunder immediately due and payable and shall have the remedies of a secured party under the Uniform Commercial Code
COLLECTION AND ATTORNEYS' FEES — In the event that it becomes necessary tor the Seller (Secured Party) to place this Contract in
Mc hands of any attorney for collection. the Purchaser (Debtor) agrees to pay all costs of collectionincluding reasonable attorneys' fees.
GOVERNING LAW — Parties agree that this Contract is made in the State of Tennessee will be construed according to laws of that
state.