The URL can be used to link to this page

Home My WebLink About175-23 RESOLUTION'AANSP 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 175-23 File Number: 2023-947 JWC ENVIRONMENTAL (EQUIPMENT REPAIR): A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $81,151.09 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JWC ENVIRONMENTAL FOR THE REPAIR OF A CHANNEL MONSTER GRINDER USED AT THE HAMESTRING SEWER LIFT STATION WHEREAS, a Channel Monster grinder used at the Hamestring Sewer Lift Station was recently shipped to JWC Environmental to disassemble, inspect, and provide a quote for repair of the grinder; and WHEREAS, pursuant to Ark. Code Ann. §19-11-203(14)(DD), formal competitive bidding is not necessary for the repair of "hidden or unknown damages." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that because of Ark. Code Ann. § 19-11-203(14)(DD), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, accepts the quote in the amount of $81,151.09 (plus any applicable taxes and freight charges) from JWC Environmental for the repair of a Channel Monster grinder used at the Hamestring Sewer Lift Station. PASSED and APPROVED on August 15, 2023 Page 1 Attest: ```��ttt ► r t rrlry�i `N G��F1C E Ay "ara Paxton, City Ctfrk Treasurer : ,_ • _ �- CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 15, 2023 CITY COUNCIL MEMO 2023-947 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: JWC Environmental - Channel Monster Repair for Hamestring Sewer Lift Station RECOMMENDATION: Staff recommends approval of a quote in the amount of $81,151.09 plus applicable taxes and freight charges from JWC Environmental for the repair of a Channel Monster Grinder for the Hamestring Sewer Lift Station. BACKGROUND: A Channel Monster is a grinder that shreds large debris and trash. Incoming flow to the Hamestring Sewer Lift Station (LS7) passes through a Channel Monster before reaching the station's seven pumps as well as downstream process systems, such as the West Side Water Resource Recovery Facility (WRRF). The Channel Monster assists by removing material that would damage the downstream pumps, pipes, and process equipment. DISCUSSION: There are two Channel Monster units assigned to the Hamestring Lift Station, one that is in-service and a critical spare. The units require preventive maintenance exchange, approximately every 2 years, which requires the in-service unit removed from service and rebuilt. The critical spare unit is then utilized as the primary unit for continued screening and grinder operation until service or repairs are needed and then the process is repeated. The critical spare Channel Monster was recently removed from service by staff and sent to JWC Environmental for an inspection and repair estimate. The JWC technicians completed their evaluation and identified several parts that need to be replaced. They provided a quote in the amount of $81,151.09 plus applicable taxes to complete the repair. Freight is included in the quoted price, and taxes are estimated at $7,885.23 for a total estimated cost of $89,063.32. A bid waiver is requested because JWC Environmental is the only authorized company to sell and service the Channel Monster equipment. BUDGET/STAFF IMPACT: Funds are available in the WWTP Upgrade/Replace Lift Stations account within the Water & Sewer fund. ATTACHMENTS: SRF JWC Environmental, Quote from JWC Environmental Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-947 JWC Environmental - Channel Monster Repair for Hamestring Sewer Lift Station A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $81,151.09 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JWC ENVIRONMENTAL FOR THE REPAIR OF A CHANNEL MONSTER GRINDER USED AT THE HAMESTRING SEWER LIFT STATION WHEREAS, a Channel Monster grinder used at the Hamestring Sewer Lift Station was recently shipped to JWC Environmental to disassemble, inspect, and provide a quote for repair of the grinder; and WHEREAS, pursuant to Ark. Code Ann. §19-11-203(14)(DD), formal competitive bidding is not necessary for the repair of "hidden or unknown damages." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that because of Ark. Code Ann. § 19-11-203(14)(DD), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, accepts the quote in the amount of $81,151.09 (plus any applicable taxes and freight charges) from JWC Environmental for the repair of a Channel Monster grinder used at the Hamestring Sewer Lift Station. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-947 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/20/2023 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a quote in the amount of $81,151.09 plus applicable taxes and freight charges from JWC Environmental for the repair of the Channel Monster Grinder for the Hamestring Sewer Lift Station. 5400.7303.5800-5414.00 Account Number 02068.1 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Budget Impact: Water and Sewer Fund WWTP Upgrade/Replace Lift Stations Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,030,701.00 $ 269,895.99 760,805.01 $ 89,063.32 671,741.69 Previous Ordinance or Resolution # Approval Date: V20221130 Comments: Freight is included in the quoted price, and taxes are estimated at $7,885.23 for a total estimated cost of $89,063.32. � w� . r . Ernu+onmental Customer: Jacobs Engineering 10816 Executive Center Drive, Suite 300 C/O: Josh Alleman Little Rock, AR 72211 US Project: OMI/CH2M Hill Part Number Description EVAL_CA CDD6020-XDM2.5 Repair Evauation SN: 110269-1-1 Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA Phone: 949 833-3888 Toll Free: 800 331-2277 Fax: 714 242-0240 Quote Number: 68872 RevB Quote Date: 07/14/2023 Terms: Net 30 Pricing: Valid 60 Days FOB: Origin Lead Time: 10-12 Weeks ARO Grinder Serial #: 110269-1-1 Ticket #: CAS-1 1 5630-T9N2 Qty Unit Price Extended Price 1 $0.00 $0.00 CDD6020-XDM2.5 CDD6020-XDM2.5 Repair 1 $71,613.00 $71,613.00 7-tooth 2-zone Monster Stack TM Zone 2: 11-tooth .438 thick cam cutters Zone 1: 7-tooth .875 thick cam cutters, double -stacked Alloy Steel Buna N Elastomers Cork & Rubber Gaskets Drum Side Rails Vertical Shaft Support with Grease Lines Motor Type: Electric Less Motor Less Reducer Less Spool 1/2" Diameter Coil Drums with brushes Paint: Epoxy Green Grinder SN: TBD A20313-0377-145T-IM REDUCER ASY, 377:1 145TC IMM (SRV) 1 $4,192.09 $4,192.09 -SV Paint: Epoxy Green -Assemble to grinder RL Repair Labor 1 $0.00 $0.00 Shipping Shipping & Handling 1 $5,346.00 $5,346.00 Please verify serial number is correct. Sub Total $81,151.09 Tax C WC . r . Ernu+onmental Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA Phone: 949 833-3888 Toll Free: 800 331-2277 Fax: 714 242-0240 Total $81,151.09 Notes: 1. Please fax or mail a Purchase Order for the total amount and we can process your order. Please include the following: Bill to Address, Ship to Address, and sales tax exemption certificate. 2. Reference the JWC quote number on your purchase order.. 3. Availability of parts are subject to change at any time. 4. 20% restocking fee on all returns. 5. Sales tax is not included in price. 6. JWCE standard one year warranty included except for older models i.e. GTS, MS and SPF models. 7. Subject to attached JWC Environmental Standard Terms and Conditions of Sale. Thank -You for your Business! JWC Environmental Inc Irene Gomez Customer Service Customer Service Center 2600 S. Garnsey Street ® Envj Santa Ana, CA 92707 USA Phone: 949 833-3888 i Toll Free: 800 331-2277 Fax: 714 242-0240 Please provide the following information. Failure to do so may delay processing of order. Quote M 68872 RevB All orders will be billed the applicable sales tax, based on the "ship to address", unless a valid tax exemption certificate is provided prior to shipment. Bill To Name & Address: City of Fayetteville. AR 113 W Mountain St Fayetteville, AR 72701 Email Address: kfankhouser@fayetteville-ar.gov PO# Ship To Name & Address: Provided by Jacobs Engineering. Payment terms: Net 30 FOB: Origin Preferred Shipping Method (Required to Process Your Order): X Prepay & Add to Invoice Collect Account #: Carrier: JWCE will add shipping and handling charges to invoices unless otherwise specified. Please fax or email your PO and most recent tax certificate to: Fax (714) 242-0240 Email servicesales@jwce.com Signature: % Date: Customer Service Center 2600 S. Garnsey Street ayvwc: Santa Ana, CA 92707 USA ® Eriv ,�*,�1 Phone: 949 833-3888 r..wr.. rm♦ 1LLC11 Toll Free: 800 331-2277 Fax: 714 242-0240 JWC ENVIRONMENTAL TERMS AND CONDITIONS OF SALE Unless otherwise specifically agreed to in writing by the buyer ("Buyer") of the products and or related services purchased hereunder (the "Products") and JWC Environmental (the "Seller"), the sale of the Products is made only upon the following terms and conditions. Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional, conditional and different terms in Buyer's form or documents. PAYMENT TERMS Subject to any contrary terms set forth in our price quotation, order acceptance or invoice the full net amount of each invoice is due and payable in cash within 30 days from the date of the invoice. If any payment is not received within such 30-day period, Buyer shall pay Seller the lesser of 1 %% per month or the maximum legal rate on all amounts not received by the due date of the invoice, from the 31st day after the date of invoice until said invoice and charges are paid in full. Unless Sellers documents provide otherwise, freight, storage, insurance and all taxes, duties or other governmental charges related to the Products shall be paid by the Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller for said charges. In all cases, regardless of partial payment, title to the Products shall remain the Sellers until payment for the Products has been made in full. All orders are subject to credit approval by Seller. All offers by Seller and/or acceptance of Buyer's order shall be nullified by any failure of Buyer to obtain credit approval. Furthermore, Buyer shall not assert any claim against Seller due to Buyer's inability to obtain credit approval. Irrevocable Letter of Credit from Buyer in form and term acceptable to Seller is required for Product orders delivered outside the United States of America DELIVERY Unless otherwise provided in our price quotation, delivery of the Products shall be made F.O.B. place of manufacture. Any shipment, delivery, installation or service dates quoted by the Seller are estimated and the Seller shall be obligated only to use reasonable efforts to meet such dates. The Seller shall in no event be liable for any delays in delivery or failure to give notice of delay or for any other failure to perform hereunder due to causes beyond the reasonable control of the Seller. Such causes shall include, but not be limited to, acts of God, the elements, acts or omissions of manufacturers or suppliers of the Products or parts thereof, acts or omissions of Buyer or civil and military authorities, fires, labor disputes or any other inability to obtain the Products, parts thereof, or necessary power, labor, materials or supplies. The Seller will be entitled to refuse to make, or to delay, any shipments of the Products if Buyer shall fail to pay when due any amount owed by it to the Seller, whether under this or any other contract between the Seller and Buyer. Any claims for shortages must be made to the Company in writing within five calendar days from the delivery date and disposition of the claim is solely subject to Sellers determination PRICES Prices of the Seller's Products are subject to change without notice. Quotations are conditioned upon acceptance within 30 days unless otherwise stated and are subject to correction for errors and/or omissions. Prices include charges for regular packaging but, unless expressly stated, do not include charges for special requirements of government or other purchaser. Prices are subject to adjustment should Buyer place an order past the validity period of the quotation or delay delivery of Products beyond the quoted lead time for any reason. RETURNS No Products may be returned for cash. No Product may be returned for credit after delivery to Buyer without Buyer first receiving written permission from the Seller. Buyer must make a request for return of Product in writing to Seller at its place of business in Costa Mesa, California. A return material authorization number must be issued by the Seller to the Buyer before a Product may be returned. Permission to return Product to Seller by Buyer is solely and exclusively the Sellers. Product must be returned to Seller at Buyers expense, including packaging, insurance, transportation and any governmental fees. Any credit for Product returned to Seller shall be subject to the inspection of and acceptance of the Product by the Seller and is at the sole discretion of the Seller. LIMITED WARRANTY Subject to the terms and conditions hereof, the Seller warrants until one year after commissioning (written notification to Seller by Buyer required) of the Product or until 18 months after delivery of such Product to Buyer, whichever is earlier, that each Product will be free of defects in material and workmanship. If (a) the Seller receives written notification of such defect during the warranty period and the defective Products use is discontinued promptly upon discovery of alleged defect, and (b) if the owner ("Owner") forwards the Product to the Seller's nearest service/repair facility, transportation and related insurance charges prepaid. The Seller will cause any Products whose defect is covered under this warranty to either be replaced or be repaired at no cost to the Owner. The foregoing warranty does not cover repairs required due to repair or alteration other than by the Seller's personnel, accident, neglect, misuse, transportation or causes other than ordinary use and maintenance in accordance with the Seller's instructions and specifications. In addition, the foregoing warranty does not cover any Products, or components thereof, which are not directly manufactured by the Seller. To the extent a warranty for repair or replacement of such Products or components not manufactured directly by the Seller is available to Buyer under agreements of the Seller with its vendors; the Seller will make such warranties available to Buyer. Costs of transportation of any covered defective item to and from the nearest service/repair center and related insurance will be paid or reimbursed by Buyer. Any replaced Products will become the property of the Seller. Any replacement Products will be warranted only for any remaining term of the original limited warranty period and not beyond that term. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES THE SELLER'S FOREGOING LIMITED WARRANTY IS THE EXCLUSIVE AND ONLY WARRANTY WITH RESPECT TO THE PRODUCTS AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES (OTHER THAN THE WARRANTY OF TITLE), EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE AND ANY STATEMENTS MADE BY EMPLOYEES, AGENTS OF THE SELLER OR OTHERS REGARDING THE PRODUCTS. THE OBLIGATIONS OF THE SELLER UNDER THE FOREGOING WARRANTY SHALL BE FULLY SATISFIED BY THE REPAIR OR THE REPLACEMENT OF THE DEFECTIVE PRODUCT OR PART, AS PROVIDED ABOVE. IN NO EVENT SHALL THE SELLER BE LIABLE FOR LOST PROFITS OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE SELLER TO BUYER AND OTHERS ARISING FROM ANY CAUSE WHATSOEVER IN CONNECTION WITH BUYER'S PURCHASE, USE AND DISPOSITION OF ANY PRODUCT COVERED HEREBY SHALL, UNDER NO CIRCUMSTANCES, EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT BY BUYER. NO ACTION, REGARDLESS OF FORM, ARISING FROM THIS AGREEMENT OR BASED UPON BUYER'S PURCHASE, USE OR DISPOSITION OF THE PRODUCTS MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT ANY CAUSE OF ACTION FOR THE NONPAYMENT OF THE PURCHASE PRICE MAY BE BROUGHT AT ANY TIME The remedies provided to Buyer pursuant to the limited warranty, disclaimer of warranties and limitations of liabilities, described herein are the sole and exclusive remedies. Unless specifically agreed to in writing by the Seller, no charges may be made to the Seller by Buyer or any third party employed by buyer for removing, installing or modifying any Product. The Seller and its representatives may furnish, at no additional expense, data and engineering services relating to the application, installation, maintenance or use of the Products by Buyer. The Seller will not be responsible for, and does not assume any liability whatsoever for, damages of any kind sustained either directly or indirectly by any person through the adoption or use of such data or engineering services in whole or in part. CONFIDENTAIL INFORMATION Except with the Seller's prior written consent, Buyer shall not use, duplicate or disclose any confidential proprietary information delivered or disclosed by the Seller to Buyer for any purpose other than for operation or maintenance of the Products. CANCELLATION AND DEFAULT Absolutely no credit will be allowed for any change or cancellation of an order for Products by Buyer after fabrication of the Products to fill Buyer's order has been commenced. If Buyer shall default in paying for any Products purchased hereunder, Buyer shall be responsible for all reasonable costs and expenses, including (without limitation) attorney's fees incurred by the Seller in collecting any sums owed by Buyer. All rights and remedies to the Seller hereunder or under applicable laws are cumulative and none of them shall be exclusive of any other right to remedy. No failure by the Seller to enforce any right or remedy hereunder shall be deemed to be a waiver of such right or remedy, unless a written waiver is signed by an authorized management employee of the Seller and the Seller's waiver of a breach of this agreement by Buyer shall not be deemed to be a waiver of any other breach of the same or any other provision. CHANGES IN PRODUCTS Changes may be made in materials, designs and specifications of the Products without notice. The Seller shall not incur any obligation to furnish or install any such changes or modifications on Products previously ordered by, or sold to, Buyer. APPLICABLE LAW, RESOLUTION OF DISPUTES AND SEVERABILITY This agreement is entered into in Costa Mesa, California. This agreement and performance by the parties hereunder shall be construed in accordance with, and governed by, the laws of the State of California. Any claim or dispute arising from or based upon this agreement or the Products which form its subject matter shall be resolved by binding arbitration before the American Arbitration Association in Los Angeles, California, pursuant to the Commercial Arbitration Rules, excepting only that each of the parties shall be entitled to take no more than two depositions, and serve no more than 30 interrogatories, 10 requests for admissions and 20 individual requests for production of documents, such discovery to be served pursuant to the California Code of Civil Procedure. Any award made by the arbitrator may be entered as a final judgment, in any court having jurisdiction to do so. If any provision of this agreement shall be held by a court of competent jurisdiction or an arbitrator to be unenforceable to any extent, that provision shall be enforced to the full extent permitted by law and the remaining provisions shall remain in full force and effect. ASSIGNMENT This agreement shall be binding upon the parties and their respective successors and assigns. However, except for rights expressly provided to subsequent Owners of the Products under "Limited Warranty" above, any assignment of this agreement or any rights hereunder by Buyer shall be void without the Company's written consent first obtained. Any exercise of rights by an Owner other than Buyer shall be subject IR %w4c; Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA ® Eriv i Phone: 949 833-3888 ,4111111111101. ♦ Toll Free: 800 331-2277 Fax: 714 242-0240 to all of the limitations on liability and other related terms and conditions set forth in this agreement. EXCLUSIVE TERMS AND CONDITIONS The terms and conditions of this agreement may be changed or modified only by an instrument in writing signed by an authorized management employee of the Seller. This instrument, together with any amendment or supplement hereto specifically agreed to in writing by an authorized management employee of the Seller, contains the entire and the only agreement between the parties with respect to the sale of the Products covered hereby and supersedes any alleged related representation, promise or condition not specifically incorporated herein. SELLER'S PRODUCTS ARE OFFERED FOR SALE AND SOLD ONLY ON THE TERMS AND CONDITIONS CONTAINED HEREIN. NOTWITHSTANDING ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS CONTAINED IN BUYER'S SEPARATE PURCHASE ORDERS OR OTHER ORAL OR WRITTEN COMMUNICATION, BUYER'S ORDER IS OR SHALL BE ACCEPTED BY THE COMPANY ONLY ON THE CONDITION THAT BUYER ACCEPTS AND CONSENTS TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IN THE ABSENCE OF BUYER'S ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN THE SELLER'S COMMENCEMENT OF PERFORMANCE AND/OR DELIVERY OF THE PRODUCTS, OR THE SELLER'S STATEMENT OF ACKNOWLEDGMENT OF THE RECEIPT OF BUYER'S PURCHASE ORDER, SHALL BE FOR BUYER'S CONVENIENCE ONLY AND SHALL NOT BE DEEMED OR CONSTRUED TO BE ACCEPTANCE OF BUYER'S DIFFERING TERMS OR CONDITIONS, OR ANY OF THEM. ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY REJECTED UNLESS SPECIFICALLY AGREED UPON IN WRITING BY AN AUTHORIZED MANAGEMENT EMPLOYEE OF THE SELLER. IF A CONTRACT IS NOT EARLIER FORMED BY MUTUAL AGREEMENT IN WRITING, BUYER'S ACCEPTANCE OF ANY PRODUCTS COVERED HEREBY SHALL BE DEEMED ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS STATED HEREIN. THE SELLER'S FAILURE TO OBJECT TO PROVISIONS INCONSISTENT HEREWITH CONTAINED IN ANY COMMUNICATION FROM BUYER SHALL NOT BE DEEMED A WAIVER OF THE PROVISIONS CONTAINED HEREIN. F360J W CE0107