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HomeMy WebLinkAbout174-15 RESOLUTIONt 13 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 174-15 File Number: 2015-0411 BID NO. 15-48 ALLIANCE PUMP & MECHANICAL, INC.: A RESOLUTION TO AWARD BID NO. 15-48 AND AUTHORIZE A CONTRACT WITH ALLIANCE PUMP & MECHANICAL, INC. IN THE AMOUNT OF $78,950.00 PLUS APPLICABLE TAXES TO REBUILD SEVEN (7) GEARBOXES AT THE NOLAND WASTEWATER TREATMENT PLANT 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 No. 15-48 and authorizes a contract with Alliance Pump & Mechanical, Inc. in the amount of $78,950.00 plus applicable taxes to rebuild seven (7) gearboxes at the Noland Wastewater Treatment Plant. PASSED and APPROVED on 10/6/2015 Approved: W-e-JIVEAr-mm, Lioneld J Attest: Sondra E. Smith, City Clerk Treasurer Page i Printed on 10MIS City of Fayetteville, Arkansas 1WestMoun72701 �rFF ayetteville, ARR 72701 (479) 575-8323 Text File File Number: 2015-0411 Agenda Date: 10/6/2015 Version: 1 Status: Passed In Control: City Council Meeting Fite Type: Resolution Agenda Number: A. 5 BID NO. 15-48 ALLIANCE PUMP & MECHANICAL, INC.: A RESOLUTION TO AWARD BID NO. 15-48 AND AUTHORIZE A CONTRACT WITH ALLIANCE PUMP & MECHANICAL, INC. IN THE AMOUNT OF $78,950.00 PLUS APPLICABLE TAXES TO REBUILD SEVEN (7) GEARBOXES AT THE NOLAND WASTEWATER TREATMENT PLANT 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 No. 15-48 and authorizes a contract with Alliance Pump & Mechanical, Inc. in the amount of $78,950.00 plus applicable taxes to rebuild seven (7) gearboxes at the Noland Wastewater Treatment Plant. . City of Fayetteville, Arkansas Page 9 Printed on 90/7/2015 Billy Ammons Submitted By City of Fayetteville Staff Review Form 2015-0411 Legistar File ID 10/6/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/25/2015 Wastewater Treatment Plant / Utilities Department Submitted Date Division / Department Action Recommendation: Fayetteville City Administration recommends approval of Bid 15-48 with Alliance Pump & Mechanical Inc. for the service to rebuild seven (7) gearboxes for the Noland WWTP for $78,950.00 plus $7,697.63 tax, totaling $86,647.63. Funds are available within the Wastewater Treatment Plant CIP — Plant Pumps and Equipment project. Budget Impact: 5400.5800.5414.00 Water/Sewer Account Number Fund 02069.1 Plant Pumps and Equipment - WWTP Project Number Project Title Budgeted Item? Yes Current Budget $ 370,596.21 Funds Obligated $ - Current Balance $ 370,596=23 Does item have a cost? Yes Item Cost $ 86,647.63 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ 283,948.58, V20140710 Previous Ordinance or Resolution i# Original Contract Number: Approval Date: , Comments: CITY OF ARKANSAS MEETING OF OCTOBER 6, 2015 TO: Mayor and Fayetteville City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee Tim Nyander, Utilities Director FROM: Billy Ammons, Wastewater Treatment DATE: August 25, 2015 STAFF MEMO SUBJECT: Approval of Bid 15-48 with Alliance Pump & Mechanical Inc. for the service to rebuild seven (7) gearboxes for the Noland WWTP for $78,950.00. RECOMMENDATION: Fayetteville City Administration recommends approval of Bid 15-48 with Alliance Pump & Mechanical Inc., for the service to rebuild seven (7) gearboxes for the Noland WWTP for $78,950.00 plus $7,697.63 tax, totaling $86,647.63. Funds are available within the Wastewater Treatment Plant CIP — Plant Pumps and Equipment project. BACKGROUND: The Noland WWTP uses a biological nutrient removal system to treat the City's wastewater. Each of the two basins uses a series of six mixers and eight large mechanical aerators to provide the mixing and necessary oxygen for the microorganisms to treat the wastewater. The existing mixers and aerators are more than 25 years old and many are in need of repair. Even though they have exceeded their life expectancy, rebuilding the gearboxes is significantly more cost effective than replacing them with new units and generally provides a similar life expectancy. DISCUSSION: The City received two bids on August 19, 2015 to rebuild seven (7) gearboxes at the Noland WWTP. Alliance Pump & Mechanical Inc. submitted the lowest bid and it meets specifications. Bidder Bid Alliance Pump & Mechanical Inc. $78,950.00 Evans Enterprises, Inc. $86,925.59 BUDGETISTAFF IMPACT: Funds are available in the Wastewater Treatment Plant CIP — Plant Pumps and Equipment project. ATTACHMENTS: Staff Review Form Purchase Order Bid 15-48 Tabulation Bid 15-48 Submittals Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 N r O 0 Q a a t 7 y LL d N m l�t tfJ Q o .�D• a V G N b N rii c N 4n7 m N w c aH W Z Z L L T — ca - [J '[ X11 C1 T o1 N 3 L: Z R aat� - iC W O o a CU r- 0 Tc w lA F- 0 d ~ d c 3o4) o n S a s a ) Z o E _ r r CO G Cap p II) 'O HF 0 tt : N- - z O 00 10 m 0) ao N. N U e O O O C � m N GL o .. 2 Li. _ m S V 0 O m CD ci m a a a e` o m eD'o ti C E m - i3 0) .m E a O U m m N. o 0 o 0 I.. a Q. m d v ro o w O W W �,a== D.,mam Ste,' r'? s C g CO n N N as Cr a (_ �•:(4� ` 0 O IJ_Dl x Q to _, a m Q J C54) E O N 7+ m C7 m e a c la N U s - 3 p N — O m m N o ,'CC m= L m= :C y W ° 0.'.S a.._} v w - ' - > iL U = _ 31 v- N CC a V1 W I'-. W cri • -2 71 COL > !? S u o CITY OF City o₹ Fayetteville, Arkansas Purchasing Division OFFICIAL BID Bid 15-48, Noland WWfP Gearbox Rebuilds ARKANSAS Wednesday, August 19, 2015, before 2:00 PM Local Time Item DESCRIPTION Alliance Pump& Meclyanfgal inc .. Evans Enterprises Inc Est. qty .: . Priea.Per:Uriit:: Total:Price ; Price Per Unit Total Price REBUILD - Mixing Equipment co, Lightnin, Model 83O5 ._ $ ...-: 21;C7T:AO $ 6,873-57 = $ 20.620.71 Mixer Gearbox Z REBUILD - Mixing Equipment Co, Lightnin, Model LAT 2 x 5 ;. 14 689 50 $ 29,97900 $ 19,189,21 = $ 38,378.42 160, Aerator Gearbox 3 REBUILD - Mixing Equipment Co, Lightnin Model LAT- 2 x $ ., :; . =. f3,946$0 9:$0:: 27A893_fiQ. $ 13,963.23 = $ 27928.4E 130, Aerator Gearbox - TOTAL BASE 610 is= i€iii;;i;;; $ 75.850.00 € $ *NOTICE, Bid award is connngenr upon vendor meetng minimum sneciT[calons and frxmal aulhorizalion by City officials. CERTIFIED: r, \I ic UMt(..,.4,__.....P. Vice, Purchasing Manager Wtdess Date ITY OF 0 City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain St. e iieviiie Fayetteville, AR 72701 Phone: 479.575.8220 ARKANSAS TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 15-48, Noland WWTP Gearbox Rebuilds DEADLINE: Wednesday, August 19, 2015 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 --113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren Rennie, CPPO, CPPB, aforenfayettevi[Ie-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Monday, July 27, 2015 INVITATION TO BID Bid 15-48, Noland WWTP Gearbox Rebuilds No late bids will be accepted, Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: a1. Qu \J1 Contact Person:. .€c R-- �Q,p Title: � � M-r`jv' E -Mail: h c o tcl @ .CAM Phone: 0 -7tg0 ce Business Address: Co2j City: flQ1i&. State: Zip: Signature: ;........ �- � Date: City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page Iof13 City of Fayetteville Bid 15-48, Noland WWTP Gearbox Rebuilds Bid Form DATE REQUIRED AS A COMPLETE UNIT: Rebuilds shall be made within 90 calendar days from receipt of purchase order. F.O.B. Noland Wastewater Treatment Plant (WWTP), 1400 N Fox Hunter Rd, Fayetteville, AR 72701 � r w -y '� �i,' • v � pia 4 -tk } vin a .a s,� } r .'h-�;:a'>••b.r.,x.��x?a�;r„Ss a-.aev�"�,_. .3��,',.-...Z���:W:�a �.vayn��....�zSC���'�.:#Ctita�.�,�r�rx' aYa �.,.ra: �.�.K�'h --�§�:.�.'wa,- M.�w_.�.�x. � ,�,.,.:...: REBUILD— Mixing Equipment Co, Lightnin, 2 .. x $ 4't =$ 2g j Model .LAT 160. Aerator 'Gea irbo' y���y,���":+"��'Jib �5• 'ry -F, fie .+"� C +Y'r Y-^' 'e�.-�k`�3a'1 'Yr, `4 4'�. c%.'2 C a3_Y'i "'1� �.'S��fi� 1 1Sr :tt -`.•� .� °�i tE' d � ✓ � �"Z W fi-t� � 3 ,�"'ri "i. rte, LAM �' b.FY�✓r Rs.�� ?siz.xl v,3 bCrj":is"+T"'" h.':5Y.::..,.J�ror,',.w-�...ix.4ukr"a'��.4Yr .ac s,r'.e._......�.'. .. F,;�,., TOTAL BASE BID $ 7 € 9 S O O() Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive iiterature on the products being bid. The City intends on awarding this bid to a single vendor. fAIIiance �W PUMP & MECHANICAL SERVICE INC. Heidi R. Lee Municipal Business Development (818) 810-7190 cell BID FORM CONTINUE Hy(81 ) ro.33$435 fax 627 South C64050 V Hydro.ThePumpGirl c(,'dgmaif.com Independence, MO 6405O www.alliancepump.com City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds �1 Page 2 of 13 Bidder: & e EXECUTION OF BID - Actual specification o€ any deficient item shall be noted on the bid sheet or separate attachment. if specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 8. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension " requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 3 of 13 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation ame T *BUSINESS ADDRESS: *CITY: ci *STATE: C *ZIP: ((O *PHONE:FAX: *E-MAIL: c, *\l lA � iY' ' *BY: (PRINTED NAME) P *AUTHORIZED SIGNATURE: *TITLE: *DUNS NUMBER: H CAGE NUMBER: *TAX ID NUMBER: 3'• Acknowledge Addendums: Addendum No. Dated: 1 &o I S Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 4 of 13 City of Fayetteville Bid 15-48, Noland WVVTP Gearbox Rebuilds General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION; a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document, b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306,113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders must have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 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 acceptor reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 5 of 13 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 Andrea Foren Rennie, City Purchasing Agent, in writing, of all potential conflicts.of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSALz. A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. 9. LOCAL1 STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 6 of 13 departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT; FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 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 City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 7 of 13 submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT. SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 8 of 13 bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL. REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: a) Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b) Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax is not to be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. 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. e) The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f) The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 9 of 13 commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g) If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h) NOTE: Any uncertainties shall be brought to the attention to Andrea Foren Rennie immediately via telephone (479.575.8220) or e-mail (aforen fa etteville-ar. ov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i) Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Andrea Foren Rennie, City of Fayetteville, Purchasing Agent via e-mail (aforen@fa etteville-ar. ov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j} Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k) Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. I) The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder' shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m) The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 10 of 13 City of Fayetteville Bid 15-48, Noland WWTP Gearbox Rebuilds Technical Specifications: Rebuild of Mixer and Aerator Gearboxes BIDDING REQUIREMENTS: o When given a specification option with a blank (example a. ), bidder shall write a "check mark" or write "" indication yes if the accompanies specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "NO" or leaving the item blank and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification. o Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. 1. GENERAL - 1.1 This specification concerns the rebuilding of three (3) mixer gearboxes and four (4) aerator gearboxes for aeration basin at the Noland Waste Water Treatment Plant (WWTP). Motors shall not be part of this bid. 1.2 Bidder shall be responsible for pickup of the mixers and aerators prior to rebuild services and deliver of units after rebuild services are complete. 1.3 Al! unit(s) bid shall meet or exceed the minimum requirements or they will be deemed incomplete and will not be considered for bid award. 1.4 All specifications written are to minimums unless otherwise noted. 1.5 Pricing bid shall be inclusive of all items, shipping, and warranty. Bid pricing shall NOT include sales tax. Applicable taxes will apply upon invoicing but will not be considered for bid evaluation. 1.6 Physical and electrical installation of the gearboxes and all ancillary appurtenances shall be the responsibility of the City of Fayetteville. This bid does not include any installation services and is for rebuild services off. 2. TECHNICAL SPECIFICATIONS - 2.1 LINE ITEM #1— Rebuild of Three (3) Mixer Gearboxes Existing equipment: Mixing Equipment Co, Lightnin Model 83Q5, Gear Drive Unit Size 83, Double Reduction, 25.6:1 ratio. Rebuild service shall include the following at a minimum: a. I Disassembly of unit b..jL_ Steam clean all parts c. V Inspect unit including all gears, shafts, housings, tolerances, etc. (a change order shall be required prior to replacing damaged gears, shafts, housings, etc.) d. -V_ Replacement of all seals, gaskets, O -rings, etc. e.� Replacement of all bearings, bearing housings, and shims f.j1I. Rotation and testing after assembly City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 11 of 13 g.. Gearbox shall be painted same color as existing unit 2.2 LINE ITEM #2 — Rebuild two (2) Model LAT-130 Aerator Gearboxes Existing a ui ment: Mixing Equipment Co, Lightnin Model LAT-160, Gear Drive Model 881 Q100, Gear Drive Unit Size 881, Double Reduction, 25.6:1 ratio. Rebuild service shall include the following at a minimum: a. f Disassembly of unit b./ Steam clean all parts Inspect unit including all gears, shafts, housings, tolerances, etc. (a change order shall be required prior to replacing damaged gears, shafts, housings, etc.) d. Replacement of all seals, gaskets, O -rings, etc. e.f Replacement of all bearings, bearing housings, and shims f. Rotation and testing after assembly g._iL Gearbox shall be painted same color as.existing unit 2.3 LINE ITEM #3 —Rebuild Two (2) Model LAT-13O Aerator Gearboxes Existing equipment: Mixing Equipment Co, Lightnin Model LAT-130, Gear Drive Model 880 Q50, Gear Drive Unit Size 880, Double Reduction, 32:1 ratio. Rebuild service shall include the following at a minimum. a. Disassembly of unit b._L /� Steam clean all parts c. U Inspect unit including all gears, shafts, housings, tolerances, etc. (a change order shall be required prior to replacing damaged gears, shafts, housings, etc.) d. Replacement of all seals, gaskets, O -rings, etc. e. Replacement of all bearings, bearing housings, and shims / f. V Rotation and testing after assembly g.1. Gearbox shall be painted same color as existing unit 3. WARRANTY - 3.1 Warranty shall include the following at minimum. Bidder shall serve as the warranty administrator. / a. V All equipment bid shall be warranted for a period of one (1) year from the date of acceptance by the City. Delivery to the City does not guarantee acceptance of products. b.__'1 Warranty shall include all parts, labor, and transportation to and from the location of the warranty administrator. 4. STANDARDS - 4.1 Each unit shall meet or exceed the following applicable standards. City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 12 of 13 a./ Environmental Protection Agency's Exhaust Emission Standards (EPA). _____ Occupational Safety and Health Administration Standards (OSHA). 5. DELIVERY/DOCUMENTATION - 5.1 Deliveries for the equipment will only be accepted during normal business hours between 7:30 AM and 4:00 PM, local time, Monday through Friday, Federal holidays excluded. 5.2 All units shall be delivered FOB to the Noland WWTP, located at 1400 N Fox Hunter Rd, Fayetteville, AR 72701. 5.3 Unit shall be fully assembled, serviced, and ready for operation as delivered. 5.4 Physical and electrical installation of the gearboxes and all ancillary appurtenances shall be the responsibility of the City of Fayetteville. City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 13 of 13 Bid 15,48, Addendum 1 Date: Thursday, July 30, 2015 To: All Prospective Vendors From: Andrea Foren Rennie, CPPO, CPPB-479.575.8220—aforgni'-tevlii^-argo_ RE: Bid 15-48, Noland WWTP Gear Box Rebuilds This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. Item 1, Model 83Q5 Mixer Gearboxes serial numbers are as follows: a. 8625435501 b. 8625433502 c. 8625435510 2. Item 2, Model LAT-160 Aerator Gearbox serial numbers areas follows: a. 8625435701 b. 8625435704 3. Item 3, Model LAT-130 Aerator Gearbox serial numbers are as follows: a. 8625435606 b. 8625435607 4. On page 12 of 13 in the bid, Line Item 2.2 should read as follows: a. LINE ITEM #2 —REBUILD TWO (2) MODEL LAT-160 AERATOR GEARBOXES • All other information in this section is correct and refers to LAT-160 and NOT LAT-130 as noted in the current bid documents. ill T?iecoinmunkatio�s Devic for [he -Dea€ TDD i47 ; 521-1316. i13Wes ?:iou'tjin -=nyettrviile, AP 7270i TY OF City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain St. Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521,1316 INVITATION TO BID: Bid 15-48, Noland WWTP Gearbox Rebuilds DEADLINE: Wednesday, August 19, 2015 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren Rennie, CPPO, CPPB, aforen@fa etteville-ar. ov DATE OF ISSUE AND ADVERTISEMENT: Monday, July 27, 2015 INVITATION TO BID Bid 15-48 Noland WWTP Gearbox Rebuilds No late bids will be accepted.- Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: ati≥ 1 iI _ Title: / /' E -Mail: d 'sAw4ya Phone: d / Business Address: _o?©D/ /VD/" . y-4 City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 1 of 13 City of Fayetteville Bid 15-48, Noland WWTP Gearbox Rebuilds Bid Form DATE REQUIRED AS A COMPLETE UNIT: Rebuilds shall be made within 90 calendar days from receipt of purchase order. F.O.B. Noland Wastewater Treatment Plant (WWTP), 1400 N Fox Hunter Rd, Fayetteville, AR. 72701 6� �� -Y� ��� - X� "�'f „�A� �`Fx� �� 9� Yn.�T4�5� �-`�'k"�t'f�]� 34� •G Y��rz� *�i`, j�5 �C G� �. 1 , is 2 E1ti�=l'Ks TOTAL BASE BID $ 8is '59 Bids shall be submitted on this bid form in its entire�t AND accompanied by descriptive literature on the products being bid. The City intends on awarding this bid to a single vendor. BID FORM CONTINUES ON NEXT PAGE City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 2 of 13 Bidder: Evans En 'swee(954 QUOTATION LAT-130 BID# 1548 Customer: CITY OF FAYETTEVILLE NOLAND W.W.T.P. FAYETTEVILLE, AR 72701 ATTN: ANDREA FOREN RENNIE Phone #: 479.575-8220. Fax 4: Inc. Quote by: David Hare ROGERS ARKANSAS PHONE: 800-346-4695 FAX; 479-636-8198 Terms; NET 30 DAYS Freight: PREPAID & ADD EVANS ENTERPRISES PuMPWORKS DIVISION ITEM QTY ≥UOTE VALID FOR 1O fJA r? - -' "'---- DESCRIPTION UNIT COST LIGHTNIN GEARBOXES MODELS LAT-130 SERIAL NUMBERS: 8625435606 & 8625435607 REPAIRS WOULD CONSIST OF: 2 LABOR AND MATERIALS TO DISASSEMBLE THE GEARBOXES, CHECKING OF ALL $13,963.23 $27,926.46 MACHINED FITS FOR PROPER TOLERANCES, CHECKING OF ALL PARTS AND GEARS FOR WEAR OR DAMAGE, STEAM CLEANING OF THE ENTIRE UNIT AND ALL PARTS, INSTALLATION OF ALL NEW BEARINGS, NEW LIP SEALS, NEW OIL SLINGER, NEW SHAFT SLEEVE, NEW GASKETS AND NEW SHIM PACKS, ASSEMBLY, FILLING OF THE GEARBOXES WITH OIL, TESTING, PAINTING AND RETURNING , OF THE GEARBOXES. 2 TAXES (IF APPLICABLE ) $1,361.41 $2,722.82 '• 1 YEAR WARRANTY ON MECHANICAL PARTS & WORKMANSHIP" QUOTED PRICES DO NOT INCLUDE FREIGHT OR TAXES TOTAL $30,649.26 r exc,-ueurrer APAP1 FMS . EASA..a Variable Freq. Drives Solid State Starters Electric Motor Repair Compressor Sales and Service tvpvs �SinC.ety54 Field Services a� ,BOSCiOO� Crane and Hoist Inspection ,, Evans Enterprises, Inc. Customer. CITY OF FAYETTEVILLE NOLAND W.W.T.P. FAYETTEVILLE, AR 72701 ATTN: ANDREA FOREN RENNIE Phone #: 479-575.8220 Fax #: L&I `° EVANS ENTERPRISES -� PUMPW0RKS DIVISION QUOTATION 83Q5 BID# 15-48 Quote by: David Ham ROGERS ARKANSAS PHONE: 800-346-4695 FAX: 479-636-8198 Terms: NET 30 DAYS ......,,.... Freight: PREPAID & ADD nonce ITEM QTY DESCRIPTION UNIT COST LIGHTNIN GEARBOXES MODEL#83Q5 SERIAL NUMBERS: 8625435501 & 8625435502 & 8625435510 REPAIRS WOULD CONSIST OF: 3 LABOR AND MATERIALS TO DISASSEMBLE THE GEARBOXES, CHECKING OF ALL $6.873.57 $20,620.71 MACHINED FITS FOR PROPER TOLERANCES, CHECKING OF ALL PARTS AND GEARS FOR WEAR OR DAMAGE, STEAM CLEANING OF THE ENTIRE UNIT AND ALL PARTS, INSTALLATION OF ALL NEW BEARINGS, NEW LIP SEALS, NEW GASKETS AND NEW SHIM PACKS, ASSEMBLY, FILLING OF THE GEARBOXES WITH OIL, PAINTING AND RETURNING OF THE GEARBOXES. 3 TAXES (IF APPLICABLE ) $670.17 $2,010.51 1 YEAR WARRANTY ON MECHANICAL PARTS & WORKMANSHIP QUOTED PRICES AO NOT INCLUDE FREIGHT OR TAXES TOTAL $22,631.22 ` Variable Freq. Drives Electric Motor Repair EV11c�1S &rn21934 Field Services cica., naves.a�.w...vn 6684 -A •••,•••••�•_ _ Solid State Starters L Compressor Sales and Service A — ,Boa — Crane and Hoist Inspection LAT-160 BID# 15-48 Date: AUG. 18 2015 Customer: CITY OF FAYETTEVILLE NOLAND W.W.T.P. FAYETTEVILLE, AR 72701 ATTN: ANDREA FOREN RENNIE Phone #: 479.575-8220 Fax #: Quote by: David Ham ROGERS ARKANSAS PHONE: 800-346-4695 FAX: 479-636-8198 Terms: NET 30 DAYS Freight: PREPAID & ADD wr !SR!]FR QUOTEVAt.IDI-OH45DAY. "--' -" """"---- - -- OESCRIPTION I UNIT COST ITfM OTY UGHTNIN GEARBOXES MODEL# LAT-160 SERIAL NUMBERS: 8625435701 & 8625435704 REPAIRS WOULD CONSIST OF: 2 LABOR AND MATERIALS TO DISASSEMBLE THE GEARBOXES, CHECKING OF ALL $19,189.21 $3$.378.42 MACHINED FITS FOR PROPER TOLERANCES, CHECKING OF ALL PARTS AND GEARS FOR WEAR OR DAMAGE, STEAM CLEANING OF THE ENTIRE UNIT AND ALL PARTS, INSTALLATION OF ALL NEW BEARINGS, NEW UP SEALS, NEW OIL SLINGER, NEW SHAFT SLEEVE, NEW GASKETS AND NEW SHIM PACKS, ASSEMBLY, FILLING OF THE GEARBOXES WITH OIL, TESTING, PAINTING AND RETURNING OF THE GEARBOXES. 2 TAXES (IF APPLICABLE) $1,870.95 $3,741.90 •" 1 YEAR WARRANTY ON MECHANICAL PARTS & WORKMANSHIP " QUOTED PRICES DO NOT INCLUDE FREIGHT OR TAXES TOTAL $42,120.32 lO5TOMECHANlC4I,PROBLEMS .---- -- ELECTRICAL SOLU BABA —Q Variable Freq. Drives Solid State Starters Electric Motor Repair JE.L.UICompressor Sales and Service 3inaei�5tr „b ISO— Crane and Hoist Inspection Field Services ,n.. 000 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter, of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS {Please explain): 7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 —Subpart P — Excavations. 8. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation. in this transaction by any federal department or agency. City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 3 of 13 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase O er/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: &i/ / + /3)44k 56ee7 *CITY: Jrf 6s *STATE: *ZIP: /o_ _ __ *PHONE: FAX: gq *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNAT *TITLE; *DUNS NUMBER: CAGE NUMBER: *TAX ID NUMBER: — D Acknowledge Addendums: Addendum No. L Dated: 736/g Acknowledged by: �d % Addendum No. Dated Addendum No. Dated: City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 4 of 13 Acknowledged by: Acknowledged by: EIIITERPRISES SINCE 1954 EVANS ENTERPRISES, INC. Fort Smith Division 4300 Planter Road P. O. Box 6848 Fort Smith, AR 72908/72906 Phone (479) 648-1500 Fax (479) 648-0013 BUSINESS NAME: EVANS ENTERPRISES, INC. STREET ADDRESS: 4300 PLANTERS ROAD (STREET ZIP: 72908) REMIT ADDRESS: P.O. BOX 6848 CITY: FORT SMITH STATE: ARKANSAS ZIP: 72906 TELEPHONE: (479)648-1500 (800)621-3589 FAX: (479)648-0013 SATELLITE PLANTS EVANS ENTERPRISES, INC. 1710 SOUTH AMITY ROAD CONWAY, ARKANSAS 72032 TELEPHONE: (501) 327-0125 TELEPHONE: (800) 471-0254 FAX (501) 327-0671 FAX: EVANS ENTERPRISES, INC 2001 N 13`x' STREET P O BOX 2617 ROGERS, ARKANSAS 72757 (479) 636-0721 (800) 346-4695 (479) 6368198 NATURE OF BUSINESS: ELECTRICAL APPARATUS SALES & SERVICE, BUSINESS TYPE: CORPORATION INCORPORATED: JANUARY 25,1972 FEDERAL TAX ID# 73-0928881 NAICS CODE #335312 RESALE TAX # 010360-65-001 SIC CODE #3621 DUNS # 00-720-7517 D & B RATING: 3A3 CHAIRMAN OF THE BOARD: CHARLES EVANS CHIEF EXECUTIVE OFFICER/PRESIDENT: SYLYNDA THRASH EXECUTIVE VICE-PRESIDENT: RUSTY THRASH VICE PRESIDENT: DANIEL STEWART CHIEF FINANCIAL OFFICIER: DAVID WOODMAN CORPORATE OFFICES: P.O. BOX 2370, OKLAHOMA CITY, OK 73101-2370 TELEPHONE: (405)631-1344 PERSON TO CONTACT REGARDING PAYMENTS: EILENE COUCH - OFFICE ADMINISTRATOR MANAGER -- REGION 3 DAN STEWART - VICE-PRESIDENT REGION 3 BANK REFERENCE: FIRST NATIONAL BANK - 602 GARRISON AVE - FORT SMITH, AR 72901 BANK MANAGER: DAVID FREEMAN TELEPHONE: (479)782-2041 ACCOUNT: 1265-641 BUSINESS REFERENCES: SUMMIT INDUSTRIAL PRODUCTS - P.O. 131359. TYLER,TX75713.... (903)534-8021 fax (903)581-4376 McMASTER CARR — P.O. BOX 7690 - CHICAGO, IL 60680 ............(404)629-6363 fax (404)349-9091 NIDEC MOTORS - P.Q. BOX 3946, ST. LOUIS, MO 63136.............(314)553-3986 fax (314)553-1236 BALDOR ELECTRIC - P.O. BOX 2400, FORT SMITH,AR 72902 ...... (479)648-5881 fax (479)648-5937 POWER EQUIPMENT —1739 W MAIN OKC, OK 73106. . .. DAN ELLIS (479)621-8100 fax (405)235-9427 City of Fayetteville Bid 15-48, Noland WWTP Gearbox Rebuilds General Terms and Conditions 1, SUBMISSION OF BID & BID EVALUATION: a, Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing office at 479.575.8220 to ensure correct receipt of bidding documents Jr to opening time and date listed on the bid form. e. Bidders must have experience in providing products and/or services of the same or similar nature. 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. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 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. City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 5 of 13 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 r 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 Andrea Foren Rennie, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure 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. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 6 of 13 departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 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 City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 7 of 13 submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 8 of 13 bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: a) Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b) Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax is not to be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. 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. e) The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f) The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 9 of 13 commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g) if products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h) NOTE: Any uncertainties shall be brought to the attention to Andrea Foren Rennie immediately via telephone 4479.575.8220) or e-mail (aforen fa etteville-ar. ov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i) Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Andrea Foren Rennie, City of Fayetteville, Purchasing Agent via e-mail (aforen@fayetteville-ar.eov) or telephone (479.575.822©). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j) Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k) Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. 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. rn) The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 10 of 13 City of Fayetteville Bid 15-48, Noland WWTP Gearbox Rebuilds Technical Specifications: Rebuild of Mixer and Aerator Gearboxes BIDDING REQUIREMENTS: c:. When given a specification option with a blank (example a. j, bidder shall write a "check mark" or write "yes„ indication yes if the accompanies specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "NO" or leaving the item blank and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the fisted specification. Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. GENERAL - 1.1 This specification concerns the rebuilding of three (3) mixer gearboxes and four (4) aerator gearboxes for aeration basin at the Noland Waste Water Treatment Plant (WWTP). Motors shall not be part of this bid. 1.2 Bidder shall be responsible for pickup of the mixers and aerators prior to rebuild services and deliver of units after rebuild services are complete. 1.3 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. 1.4 All specifications written are to minimums unless otherwise noted. 1.5 Pricing bid shall be inclusive of all items, shipping, and warranty. Bid pricing shall NOT include sales tax. Applicable taxes will apply upon invoicing but will not be considered for bid evaluation. 1.6 Physical and electrical installation of the gearboxes and all ancillary appurtenances shall be the responsibility of the City of Fayetteville. This bid does not include any installation services and is for rebuild services onl . 2. TECHNICAL SPECIFICATIONS — 2.1 LINE ITEM #1— Rebuild of Three (3) Mixer Gearboxes Existing equipment: Mixing Equipment Co, Lightnin Model 83Q5, Gear Drive Unit Size 83, Double Reduction, 25.6:1 ratio. Rebuild service shall include the following at a minimum: a. Disassembly of unit b. Steam clean all parts c. i// Inspect unit including all gears, shafts, housings, tolerances, etc. (a change order shall be - / required prior to replacing damaged gears, shafts, housings, etc.) d. V Replacement of all seals, gaskets, O -rings, etc. e.J( Replacement of all bearings, bearing housings, and shims Rotation and testing after assembly City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 11 of 13 g. Gearbox shall be painted same color as existing unit 2.2 LINE ITEM #2 — Rebuild two (2) Model LAT-130 Aerator Gearboxes Existing equipment: Mixing Equipment Co, Lightnin Model LAT-160, Gear Drive Model 881 O100, Gear Drive Unit Size 881, Double Reduction, 25.6:1 ratio. Rebuild service shall include the following at a minimum: a./ Disassembly of unit b.� Steam clean all parts c.� Inspect unit including all gears, shafts, housings, tolerances, etc. (a change order shall be required prior to replacing damaged gears, shafts, housings, etc.) d. V/ Replacement of all seals, gaskets, O -rings, etc. e./ Replacement of all bearings, bearing housings, and shims f._4 Rotation and testing after assembly g, Gearbox shall be painted same color as existing unit 2.3 LINE ITEM #3— Rebuild Two (2) Model LAT-130 Aerator Gearboxes Existing equipment: Mixing Equipment Co, Lightnin Model LAT-130, Gear Drive Model 880 O50, Gear Drive Unit Size 880, Double Reduction, 32:1 ratio. Rebuild service shall include the following at a minimum. a._/ Disassembly of unit b. Steam clean all parts c. Inspect unit including all gears, shafts, housings, tolerances, etc. (a change order shall be / required prior to replacing damaged gears, shafts, housings, etc.) d. V Replacement of all seals, gaskets, O-rings,.etc. e.7 Replacement of all bearings, bearing housings, and shims f. Rotation and testing after assembly g. Gearbox shall be painted same color as existing unit 3. WARRANTY - 3.1 Warranty shall include the following at minimum. Bidder shall serve as the warranty administrator. a. t/ All equipment bid shall be warranted for a period of one (1) year from the date of acceptance by the City. Delivery to the City does not guarantee acceptance of products. b. >/ Warranty shall include all parts, labor, and transportation to and from the location of the warranty administrator. 4.1 Each unit shall meet or exceed the following applicable standards. City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 12 of 13 a. / Environmental Protection Agency's Exhaust Emission Standards (EPA). b.7 Occupational Safety and Health Administration Standards (OSHA). 5. DELIVERY/DOCUMENTATION - 5.1 Deliveries for the equipment will only be accepted during normal business hours between 7:30 AM and 4:00 PM, local time, Monday through Friday, Federal holidays excluded. 5.2 All units shall be delivered FOB to the Noland WWTP, located at 1400 N Fox Hunter Rd, Fayetteville, AR 72701. 5.3 Unit shall be fully assembled, serviced, and ready for operation as delivered. 5.4 Physical and electrical installation of the gearboxes and all ancillary appurtenances shall be the responsibility of the City of Fayetteville. City of Fayetteville, AR Bid 15-48, Noland WWTP Gearbox Rebuilds Page 13 of 13 CITY OF Bid 15 48, Addendum I ttvii1e Date: Thursday, July 30, 2015 To: All Prospective Vendors A R K A N S A S From: Andrea Foren Rennie, CPPO, CPPB--479.575.8220—aforen@fayetteville-ar.gov RE: Bid 15-48, Noland WWTP Gear Box Rebuilds This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. Item 1, Model 83Q5 Mixer Gearboxes serial numbers are as follows: a. 8625435501 b. 8625433502 c. 8625435510 2. Item 2, Model LAT-160 Aerator Gearbox serial numbers are as follows: a. 8625435701 b. 8625435704 3. Item 3, Model LAT-130 Aerator Gearbox serial numbers are as follows: a. 8625435606 b. 8625435607 4. ' On page 12 of 13 in the bid, Line Item 2.2 should read as follows: a. LINE ITEM #2 — REBUILD TWO (2) MODEL LAT-160 AERATOR GEARBOXES • All other information in this section is correct and refers to LAT-160 and NOT LAT-130 as noted in the current bid documents. Ill 'reEec rmmr. nf<a�tion, Device for the Deaf TOO i47 9# 521 i 316 3 West Vlou Fain f3yFFCaYiil:s. RR 72701 JcW City of Fayetteville Staff Review Form , ') 2015-0508 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Recycling & Trash Collection / Brian Pugh 10/26/2015 Transportation Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approve and sign a no fee Contract Agreement with Georgia Pacific Harmon Recycling for recycling services related to the single stream pilot program Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Fund Project Title $ Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20140710 Previous Ordinance or Resolution # 171-14,136-15 Original Contract Number: Comments: Item pertains to previous resolutions 171-14 & 136-15 Approval Date: CITY OF • Tay44 vl eANSAS TO: Mayor Lioneld Jordan THRU: Terry Gulley, Transportation Services Director FROM: Jeff Coles, Recycling and Trash Collection Division Director DATE: October 26th, 2015 STAFF MEMO SUBJECT: Approve and sign a no fee Contract Agreement with Georgia Pacific Harmon Recycling for recycling services related to the single stream pilot program, RECOMMENDATION: Approve and sign a no fee Contract Agreement with Georgia Pacific Harmon Recycling for recycling services related to the single stream pilot program' BACKGROUND: The City Council passed Resolution Number 136-15 on August 4th 2015, to amend the existing contract with Kessler Consulting, Inc. to include the implementation of two recycling pilot programs, one for commercial food waste composting, and the other for single stream recyclables. DISCUSSION: By executing this agreement with Harmon Recycling for the processing of single stream recyclables collected from approximately 1030 homes in Fayetteville, the City will gain specific data on which to model the potential impacts of full-scale programs and also see tangible results related to volumes and potential contamination levels. BUDGET/STAFF IMPACT: None Attachments: Contract Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov •Fayetteville. AR 72701 4 Harmon 11ECVCLING RECYCLABLE MATERIAL PURCHASE & SERVICES AGREEMENT THIS RECYCLABLE MATERIAL PURCHASE & SERVICES AGREEMENT (this "Agreement") is dated October 15, 2015 (the "Effective Date") and is between GP Harmon Recycling LLC, a Georgia limited liability company, at Two Jericho Plaza, Suite 200, Jericho, New York 11753-1681 ("GP Harmon"), and City of Fayetteville an Arkansas municipal corporation, at 113 W. Mountain Street, Fayetteville, Arkansas 72701 ("City"). City and GP Harmon may be individually referred to herein as "Party" or collectively as "Parties" and hereby agree to the following terms and conditions: 1. TERM -- The term of this Agreement shall commence on the Effective Date and shall remain in effect for a period of six (6) months from the date on which GP Harmon receives its first delivery of Recyclable Material from the City (the "Pilot Period"). At least thirty (30) days prior to the expiration of the Term, the Parties shall endeavor to discuss their interest in an extension of the Pilot Period and/or the negotiation of a long-term contract based on the outcome of each party's performance under this Agreement. 2. PURCHASE -- During the Pilot Period, City shall deliver to GP Harmon's facility located at 1421 E 15th St, Fayetteville, Arkansas 72701 (the "Facility") single -stream recyclables collected by City in the municipality of Fayetteville, Arkansas, which recyclables may include, but not be limited to, paper fibers (e.g., newspaper, corrugated cardboard, mixed paper, paperboard/chipboard), plastic containers #1-#7, aluminum and steel cans, and glass bottles and jars (collectively "Recyclable Material"). GP Harmon shall be entitled to market and re -sell all Recyclable Materials recovered in each load delivered by City for GP Harmon's sole benefit, with the exception of glass recyclables, which are to be made available for pick-up by City once sorted for marketing by City pursuant to the terms of an existing contract. GP Harmon will work to maximize recovery of all glass and other recyclables, and shall ensure that glass recyclables made available to City contain less than ten percent (10%) non -recyclable glass ("Contaminants"). In consideration of the Recyclable Material delivered to GP Harmon, GP Harmon shall provide City the Services set forth below. 3. DELIVERY; WARRANTIES -- City shall deliver the Recyclable Material to the Facility. Title and risk of loss to the Recyclable Material shall transfer to GP Harmon upon City's completion of unloading the Recyclable Material at the Facility; provided, however, that City shall at all times retain title to all glass recyclables and any Hazardous Materials (defined below) included in such delivered Recyclable Material. City warrants that GP Harmon shall have marketable title to the Recyclable Material free of all lawful liens and encumbrances and that the Recyclable Material shall be free of all Hazardous Materials. For purposes of this Section 2, "Hazardous Materials" is defined as any toxic, hazardous, dangerous, or restricted substance or waste, including medical waste, petroleum, any byproducts or fractions thereof, polychlorinated biphenyls (PCBs), urea formaldehyde foam insulation, asbestos, radon, other radioactive substances, poly -aromatic hydrocarbons, pesticides, and any other substances regulated by, and identified as "hazardous" by, federal, state, local or municipal laws, regulations, rules, and codes, and any judicial or administrative interpretation thereof, on the basis of their actual or potential adverse effect on human health and/or the environment. 4. SERvicEs -- In exchange for the receipt of the Recyclable Material, OP Harmon shall perform the services and activities as described herein and in Exhibit A attached hereto (collectively, the "Services") at no charge to City unless otherwise mutually agreed by the parties in writing. GP Harmon warrants that it will perform all Services in a workmanlike manner and in compliance with all applicable laws, regulations and rules. GP Harmon will permit City, its employees and/or agents to observe GP Harmon's processing operations in order to review compliance with the Agreement and all applicable federal, state and local laws, rules, and regulations. Such access shall be granted during normal business hours, subject to City providing advance verbal or written notice. While at the Facility, City and/or its representatives shall be accompanied by a GP Harmon employee at all times during their visit unless otherwise authorized by authorized GP Harmon personnel. City and/or its representatives shall wear such protective equipment or clothing as may be required by GP Harmon during their visit and shall abide by all GP Harmon safety rules and regulations. City shall not, and shall ensure that its representatives do not, bring any illegal drugs, alcohol or weapons on the site or take any photographs or make any recordings during their visit without written authorization by authorized GP Harmon personnel. City acknowledges and understands the potential dangers and risks associated with facilities of this nature. City voluntarily assumes all risks, responsibility and liability of (i) the negligent acts or omissions of City and/or its representatives and (ii) personal injury or property damage to City and/or its representatives that may occur while at the Facility. 5. EXCUSED NONPERFORMANCE — Acts of God, war (declared or undeclared), acts of a public enemy, acts of a government of any country, state or political subdivision or regulatory agency thereof or entity created thereby, embargoes, terrorism or sabotage, fires, floods, weather, explosions, or other catastrophes, epidemics or quarantine restrictions, strikes or other labor stoppages, facility slowdowns, curtailments or closures, logistics disruptions or causes beyond the reasonable control of a Party which (i) prevent such Party from performing any obligation hereunder or (ii) prevent GP Harmon from receiving or reselling Recyclable Material (each, a "Force Maieure Event") shall suspend the obligation of the Party affected by such Force.Majeure Event (the "AffectedPaW') to perform hereunder during the period required to remove such Force Majeure Event The Affected Party shall promptly notify the other Party of the Force Majeure Event and the cause of such Force Majeure Event and use commercially reasonable efforts to work around the effects thereof. If the Affected Party is City and the period of such Force Majeure Event lasts longer than sixty (60) calendar days then GP Harmon may at any time thereafter, while such Force Majeure Event continues, terminate this Agreement without penalty, liability or further obligation therefore, immediately upon providing notice of such termination'to City. if the Affected Party is GP Harmon then City shall be excused from any restrictions (as applicable) on selling Recyclable Material to third parties until the Force Majeure Event ceases to continue or City may terminate this Agreement without penalty, liability or further obligation therefore, immediately upon providing notice of such termination to GP Harmon. 6. ASSIGNMENT -- Neither Party shall assign this Agreement or its rights or obligations or any part thereof under this Agreement, by operation of law nor otherwise, without the other Party's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. This Agreement shall automatically be binding upon and inure to the benefit of each Party's permitted successors and assigns. Notwithstanding any contrary provision of this Section 6, either Party may, transfer or assign this Agreement and all of its rights and obligations hereunder, to any of its Affiliates having equal or better financial standing than the assigning Party, upon written notice to the non - assigning Party, provided that the assigning Party shall remain jointly liable with its Affiliate assignee for the obligations and liabilities hereunder. Wherever used in this Agreement, "Affiliate" means, with respect to any Person (defined below) any other Person that, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, that Person. "Person" means any individual, corporation, partnership, limited liability company, firm, joint venture, association, joint-stock company, trust, unincorporated organization, governmental body or other entity. 7. NON -WAIVER -- No failure to enforce any provision or obligation of this Agreement shall be deemed to, or shall constitute a waiver of, such provision and no waiver of any of the provisions of this Agreement shall be deemed to; or shall constitute a waiver of, any other provision or obligation of this Agreement, nor shall such waiver constitute a continuing waiver. S. DEFAULT — The following events of default shall constitute a material breach for which the non -breaching Party shall have the right to terminate this Agreement upon written notice and without liability or further obligation hereunder: (i) either Party breachesany representation, warranty, covenant or other obligation set forth in this Agreement, or (ii) a Party becomes unable to pay its bills as they become due in the ordinary course, a trustee or receiver of a Party's property is appointed, a Party makes an assignment for the benefit of creditors, a petition in bankruptcy is filed by or against a Party or a Party terminates or liquidates its business. Prior to terminating the Agreement pursuant to sub -paragraph (i) above, the non -breaching Party shall provide the breaching Party thirty (30) calendar days to cure any default capable of cure. The thirty (30) day cure period is voidable if habitually abused by the breaching Party. 9. CUMULATWE RIGHTS -- The duties and obligations imposed by this Agreement, and the rights and remedies available hereunder to the Parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available under this Agreement, at law or in equity. 10. CONSEQUENTIAL DAMAGE DISCLAIMER — NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS, LOST PRODUCTION, COST OF CAPITAL OR LOST BUSINESS OPPORTUNITY. 11. TAXES — City shall be responsible for the payment of all taxes, fees, charges or assessments (municipal, state or federal) which arise from this Agreement (excluding any tax based upon GP Harmon's net income). 12. APPLICABLE LAW -- This Agreement shall be governed by and interpreted in accordance with the internal laws of the State of Arkansas applicable to contracts made and to be performed wholly within such state, without reference to principles of conflicts of laws. The state and federal courts sitting in Washington County, Arkansas, shall have exclusive jurisdiction of all disputes hereunder. 13. DISPUTE RESOLUTION -- In the event of any disputes, claims and other matters in question between the parties arising out of the terms and conditions of -this' Agreement or the performance of either party hereunder, the parties agree to resolve such matter in the following manner: (a) The parties shall attempt in good faith to resolve such matter promptly by negotiation between individuals from each party who have authority to settle the controversy and who do not have direct responsibility for day-to- day administration of this Agreement. (b) The disputing party shall give the other parties written notice of any dispute not resolved in the normal course of business. Within fifteen (15) business days after receipt of the notice, the receiving parties shall each submit to the other parties a written response. The notice and response shall include (i) a statement of the party's position and (ii) the nameandtitle of the individual who will represent that party. The parties shall meet for negotiations at a mutually agreed time and place within thirty (30) business days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. All reasonable requests for information made by one party to the other parties will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. (c) If the matter has not been resolved pursuant to the aforesaid procedure within thirty (30) days of the commencement of such procedure, or if any party will not participate in the negotiations, any party may initiate litigation or otherwise, pursue whatever remedies may be available to such party. (d) All deadlines specified in this section may be extended by mutual agreement. (e) The procedures specified in this section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; however, a party may seek a preliminary injunction or other preliminary judicial relief if in its judgment such action is necessary to avoid irreparable damage. Despite such action, the parties will continue to participate in good faith in the procedures specified in this section. All applicable statutes of limitation shall be tolled while the procedures specified in this section are pending. The parties will take such action, if any, required to effectuate such tolling. 14. NOTICES -- All notices; consents, communications or transmittals under the Agreement shall be in writing and shall be deemed given on the day of delivery if delivered by hand, by nationally recognized overnight courier or delivery service, or by facsimile (with written confirmation of the completed transmittal); or within three (3) business days if mailed by United States mail as certified or registered mail with return receipt, postage prepaid, addressed to the Party to whom such notice is given at the address of such Party as set forth herein. 15. FREEDOM OF INFORMATION ACT — GP Harmon agrees and understands that this Agreement and documents submitted to the City are subject to the Arkansas Freedom of Information Act (FOIA), A.C.A. §25-19-101 et seq. If a FOIA request is presented to the City requesting such documents, GP Harmon will do everything possible to provide the documents in a prompt and timely manner as prescribed by the Arkansas FOIA. Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 16. COMPLETE AGREEMENT -- This Agreement, which includes all attachments, schedules, exhibits and/or annexes attached or subsequently incorporated in this Agreement, constitutes the entire understanding and agreement between the Parties regarding the subject matter of this Agreement, and supersedes all prior or contemporaneous agreements, oral or written, made between the Parties relating to such subject matter and the standard sales and/or purchase terms and conditions that may be exchanged by the Parties in connection with orders for Recyclable Materials. IN WF11lESS Wh E.REOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written. ARKANSAS Title: Date: 4 GP HARMON RECYCLIjC≥11E By: Name: Title: G� �'✓� Date: 1L2 G Ii E7I[IBJT_A SERVICES • GP Harmon will accept all deliveries of Recyclable Material made by City to the Facility Monday through Friday during the hours of 7:00 a.m. to 3:30 p.m. GP Harmon shall make any glass recyclables included in prior deliveries to the Facility and with less than ten percent (10%) Contaminants available during the same time period following processing. • Upon delivery at the Facility, GP Harmon will unload and weigh each load of incoming Recyclable Material. GP Harmon shall also separately weigh each type of Recyclable Material recovered through processing, as well as any rejects/residue. • Any non -hazardous waste will be disposed of by GP Harmon in accordance with industry standards and any applicable laws and/or regulations. City shall be responsible for, and shall at all times retain title to, any Hazardous Material delivered to the Facility. Upon GP Harmon's request, City shall arrange for transportation and disposal of such Hazardous Material at City's sole expense. • During the Pilot Period, GP Harmon shall provide weekly tonnage reports for the Recyclable Material delivered, which shall include the following data at a minimum: ■ Delivery date, truck number, and tonnage of all inbound materials. • Type and weight of each recovered material, as well as rejects/residue. ■ Market and market value for each type of recovered material marketed. Such reports shall be referred to hereinafter as the "Data Reports." • Upon request, GP Harmon shall conduct a composition study of rejects/residue to determine the percentage of contaminants versus Recyclable Material not being recovered (the "Composition Report"). The City and GP Harmon will work jointly to develop an appropriate methodology for the Composition Report, which methodology shall be subject to final approval by the City. City shall be provided the opportunity to observe the Composition Report- • City hereby grants to GP Harmon a nonexclusive, worldwide, royalty -free, irrevocable, perpetual license to use, execute, reproduce, display, perform, distribute copies of, and prepare derivative works of the Composition Report and Data Reportsin the pursuit of similar relationships with other municipalities for the provision of single -stream recycling services. In utilizing such reports, GP • Harmon shall de -identify and/or aggregate data as needed to ensure protection of the confidentiality of City's identity. RESOLUTION NO. 171-14 A RESOLUTION TO AUTHORIZE A CONTRACT WITH KESSLER CONSULTING, INC. OF TAMPA, FLORIDA FOR THE DEVELOPMENT OF A TEN YEAR SOLID WASTE MASTER PLAN IN AN AMOUNT NOT TO EXCEED $264,890.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 authorizes Mayor Jordan to sign a contract with Kessler Consulting, Inc. of Tampa, Florida for the development of a ten year solid waste master plan in an amount not to exceed $264,890.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A". PASSED and APPROVED this 16`h day of September, 2014. A DtYDAVT7h- ATTEST: By: ICJ0,vs4,4c- &. SONDRA E. SMITH, City ClerkjTreasurer ""Is',,,,,1 -'I,ee i. =v; FAYETTEVILEE:�_ RESOLUTION NO. 136-15 A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH KESSLER CONSULTING, INC. IN THE AMOUNT OF $39,980.00 FOR ASSISTANCE WITH THE DESIGN AND IMPLEMENTATION OF A COMMERCIAL FOOD WASTE PILOT PROGRAM AND A SINGLE STREAM RECYCLING PILOT PROGRAM, AND ' TO - APPROVE A • BUDGET ADJUSTMENT 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 approves Amendment No. l to the contract with Kessler Consulting, Inc. in the amount of $39,980.00 for assistance with the design and implementation of a commercial food waste pilot program and a single stream recycling pilot program. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached -to this Resolution. PASSED and APPROVED this 4'" day of August, 2015. APn°nx?nr►. ATTEST: By: () w�•- SONDRA E. SMITH, City Clerk Treasurer ,`tdtttturrrr�i�i FAYETTEVILLE •9 '.�',y Rka Ns�`: JZ4b