Loading...
HomeMy WebLinkAbout171-22 RESOLUTIONFs. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 171-22 File Number: 2022-0640 BID 22-38 HAMPTON EQUIPMENT, LLC: A RESOLUTION TO AWARD BID 22-38 AND AUTHORIZE THE PURCHASE OF A DRYER FEED CONVEYOR FOR THE BIOSOLIDS MANAGEMENT SITE FROM HAMPTON EQUIPMENT, LLC IN THE AMOUNT OF $42,340.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 22-38 and authorizes the purchase of a dryer feed conveyor for the Biosolids Management Site from Hampton Equipment, LLC in the amount of $42,340.00 plus applicable taxes and freight charges. PASSED and APPROVED on 8/2/2022 Appro +ed: Attest: ,,lFlRK`Frr�rrrr � r %� G� •.■....E" ri FA Y +�. r . Lioneld J,Mayor Kara Paxton, City Clerk Treasurer ���;.�,p c, .N A. y hq NS Qip N �cc) •�`� �1111JI1li110 Page t Printed on 813122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0640 Agenda Date: 8/2/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.8 BID 22-38 HAMPTON EQUIPMENT, LLC: A RESOLUTION TO AWARD BID 22-38 AND AUTHORIZE THE PURCHASE OF A DRYER FEED CONVEYOR FOR THE BIOSOLIDS MANAGEMENT SITE FROM HAMPTON EQUIPMENT, LLC IN THE AMOUNT OF $42,340.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 22-38 and authorizes the purchase of a dryer feed conveyor for the Biosolids Management Site from Hampton Equipment, LLC in the amount of $42,340.00 plus applicable taxes and freight charges. City of Fayetteville, Arkansas Page 1 Printed on 81312022 City of Fayetteville Staff Review Form 2022-0640 Legistar File ID 8/2/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 7/14/2022 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #22-38 and approving the purchase of a dryer feed conveyor for the Biosolids Management Site from Hampton Equipment, LLC in the amount of $42,340.00 plus applicable taxes. Budget Impact: 5400.730.5800-5801.00 Water and Sewer Account Number Fund 02069.1 Plant Pumps and Equipment - WWTP Project Number Project Title Budgeted Item? Yes Current Budget $ 1,459,141.00 Funds Obligated $ 948,991.13 Current Balance $ 510,149.87 Does item have a cost? Yes Item Cost $ 46,468.15 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 463,681.72 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Taxes are estimated at $4,128.15 for a total estimated cost of $46,468.15. Freight is included within the bid pricing. CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 2, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: July 14, 2022 CITY COUNCIL MEMO SUBJECT: Bid #22-38 Hampton Equipment, LLC — Dryer Feed Conveyor RECOMMENDATION: Staff recommends awarding Bid #22-38 and approving the purchase of a dryer feed conveyor for the Biosolids Management Site from Hampton Equipment, LLC in the amount of $42,340.00 plus applicable taxes. BACKGROUND: The Biosolids Management Site uses a conveyor to transfer the partially dried solids from solar houses to the dryer hopper where it can be loaded on the dryer to finish the drying operation. DISCUSSION: On May 31 st, 2022, the City accepted sealed competitive bids for purchasing a dryer feed conveyor to be used in biosolids drying at the Biosolids Management Site (BMS). Three bids were received, and Hampton Equipment, LLC submitted the best bid of $42,340.00 plus taxes and shipping costs. All bids that were received are shown in the attached bid tab. Taxes are estimated at $4,128.15 for a total estimated cost of $46,468.15. Freight is included within the bid pricing. BUDGET/STAFF IMPACT: Funds are available in the Plant Pumps and Equipment account within the Water & Sewer fund. Attachments: Bid Tab Submittal Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY QF FAYETTEVILLE ARKANSAS BID TABULATION Bid 22-38, Dryer Feed Conveyor DEADLINE: Tuesday, May 31, 2022 at 2:00 PM West River Conveyors & Bulk Material Handling Hampton Equipment LLC Machinery Company (Synergies, LLC) Total Price $42,340.00 Total Price $98,919.74 Total Price $126,150.00 Linen Description QTY UOM Unit Extended Unit Extended Unit Extended 1 Truss Frame Conveyor- Meeting all minimum specifications as listed in the Bid Form. Shipping/deliverycosts) 1 EA 42 340.00 $42,340.00 $98,919.74 $98,919.74 $126,150.00 $126,150.00 shall be included with total base bid. Amanda Beilfuss Digitally signed by Amanda Beilfuss Date: 2022.05.31 14:29:49-05'00' Digitally signed by Andrea Foren Andrea F o re n Date: 2022.06.01 12:31:18-05'00' Andrea Fore,, Purchasing Manager CITY OF W;S FAYETTEVILLE ARKANSA Bid 22-38 Addendum 2 Hampton Equipment LLC Hampton Equipment LLC Supplier Response Event Information Number: Bid 22-38 Addendum 2 Title: Bid 22-38, Dryer Feed Conveyor Type: Invitation to Bid Issue Date: 5/1 /2022 Deadline: 5/31/2022 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors for the purchase of one (1) 36 inch by 180 feet Truss Frame Conveyor to be used at the Biosolids Management Site (BMS). This bid is for the purchase of equipment only; Installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Purchasing Agent, at abeilfuss@fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss Address: Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Hampton Equipment LLC Bid 22-38 Addendum 2 Hampton Equipment LLC Information Contact: Joe Shaw Address: 7127 Hessen Cassel Rd Fort Wayne, IN 46816 Phone: (260) 740-8704 Fax: (260) 744-5927 Email: joe@hamptonequipmentllc.com Web Address: www.hamptonused.com By submitting your response, you certify that you are authorized to represent and bind your company. Joe Shaw Signature Submitted at 512412022 4:59:07 PM Requested Attachments joe@hamptonequipmentllc.com Email Bid 22-38, Required Bid Form Bid 22-38, FILE 01 - Dryer Feed Conveyor.pdf Please attach your signed and completed Bid Form. This is located in the 'Attachments' tab. Bid Attributes 1 Manufacturer and/or Model Number: Earthworm 36 X 180 Truss Conveyor Bid Lines 11 Truss Frame Conveyor - Meeting all minimum specifications as listed in the Bid Form. Shipping/delivery cost(s) shall be included with total base bid. Quantity 1 UOM: EA Price: 1 $42,340.00 Total: 1 $42,340.00 Response Total: $42,340.00 Page 2 of 2 pages Vendor: Hampton Equipment LLC Bid 22-38 Addendum 2 City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 isFAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R KA N SAS Phone: 479.575.8258 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 22-38, Dryer Feed Conveyor DEADLINE: Wednesday, May 25, 2022 before 2:00 PM, Local Time PRE -BID MEETING: Tuesday, May 10, 2022 at 2:00 PM, via Zoom PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Sunday, May 1, 2022 INVITATION TO BID Bid 22-38, Dryer Feed Conveyor No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: E-Mail: Business Address: City: Signature: City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 1 of 14 Title: Phone: State: Zip: Date: City of Fayetteville Bid 22-38, Dryer Feed Conveyor Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 22-38, Dryer Feed Conveyor The City of Fayetteville is seeking bids from qualified vendors for the purchase of one (1) 30-36 inch by 180 feet Truss Frame Conveyor to be used at the Biosolids Management Site (BMS). This bid is for the purchase of equipment only; Installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Purchasing Agent, at abeilfuss@favetteville-ar.gov or by calling (479) 575-8258. A non -mandatory Pre -Bid meeting will be held Tuesday, May 10, 2022 at 2:00 PM virtually via Zoom. Information regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. Plan holder listing can be found on the electronic bidding portal by viewing the listing titled document takers. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville-ar.Rov/bids. All bids shall be received by Wednesday, May 25, 2022 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Amanda Beilfuss, Purchasing Agent P: 479.575.8258 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 05/01/2022 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $194.68 City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 2 of 14 City of Fayetteville Bid 22-38, Dryer Feed Conveyor Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayetteville-ar.gov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (ww.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 3 of 14 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. 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. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As 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 22-38, Dryer Feed Conveyor Page 4 of 14 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *PHONE: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE UNIQUE ENTITY NUMBER: *TAX ID NUMBER: Acknowledge Addendums: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Purchase Order/Payments shall ,be issued to this name *STATE: FAX: Acknowledged by: Acknowledged by: Acknowledged by: Acknowledged by: *ZIP: CAGE NUMBER: ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATIONS" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATIONS" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 5 of 14 City of Fayetteville Bid 22-38, Dryer Feed Conveyor General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 6 of 14 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City'. b. All bidders shall promptly notify Amanda Beilfuss, 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) 575-8258 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 7 of 14 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 8 of 14 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. 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. 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. City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 9 of 14 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 10 of 14 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: 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. Saiestaxshaiinotbeinciudedin the bidprice. 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 commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8258) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 11 of 14 part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: Appendix A: Conveyor Drawing City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 12 of 14 City of Fayetteville Bid 21-38, Dryer Feed Conveyor Technical Specifications ALL BIDDERS SHALL COMPLETE THIS "TECHNICAL SPECIFICATIONS" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATIONS" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a. ), bidder shall write a "check mark" or write "ides" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification and can result in bidder DISQUALIFICATION. o Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met nr not 1. GENERAL- 1.1 All unit(s) bid shall meet or exceed the minimum requirements, or they will be deemed incomplete and will not be considered for bid award. 1.2 All specifications written are to minimums, unless otherwise noted. 2. MANUFATURER/MODEL - 2.1 Unit(s) bid shall be new, unused, and standard production model as offered for commercial trade. 2.2 Unit(s) bid shall be a 30-36 inch by 180 feet Truss Frame conveyor. Conveyor shall be of an overland type capable of sitting on top of concrete and metal supports. The loading of the belt shall be approximately 45-50 pounds per cubic foot. The material is biosolids from activated sludge waste treatment plants. The solids content of the material ranges from 18% solids to over 50% solids. 3. MINIMUM SPECIFICATIONS 3.1 24-Inch-Deep Truss, or Approved Equal a. 2" x 2" x %" cord angle b. 1 %" x 1 %" x 3/16" lattice 3.2 Head: a. 16" logged head b. 2 7/16" shaft C. Screw take-ups d. Ball bearings 3.3 Motor: a. 10 HP b. TEFC City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 13 of 14 C. 1700 RPM d. 230/460V 60 Hz 3.4 Drive a. #4-15 b. Motor mount C. Belt guard 3.5 Idlers 3.6 Belt a. CEMA C b. 25/35 Degree C. 48" Centers a. 2 ply-220 PIW-3/16" x 1/16" b. Mechanical hinge splice 3.7 Other Requirements a. 4-foot load zone with skirt board b. Tail guard C. Primed and painted d. Belt scraper e. Back stop 4. WARRANTY 4.1 The equipment shall be warranted for one (1) year or the manufacturer's standard warranty, whichever is rg eater. 4.2 Warranty shall include all parts, labor, and transportation to and from the location of the warranty service center. 4.3 Each unit shall be delivered with the following warranty documents which shall be placed into effect upon the first day of final acceptance of each unit: a. Manufacturer's warranty which shall be honored at any local manufacturer -authorized dealership. 5. SHIPPING/DELIVERY 5.1 Unit(s) shall be delivered to the City of Fayetteville Biosolids Management Site (BMS), 16464 E Wyman Rd., Fayetteville, AR 72702. Shipping/delivery costs shall be included with Bidder's total base bid. 5.2 How many calendar days from a notice to proceed/approved purchase order will Bidder anticipate shipment/delivery of unit(s)? City of Fayetteville, AR Bid 22-38, Dryer Feed Conveyor Page 14 of 14 Appendix A 24T x 60 Typical Idler Count - 5 @ 20 Degree and 12 @ 35 Degree Degree