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HomeMy WebLinkAboutOrdinance 3329 I , t 00 D CO cn n ORDINANCE NO . 3329 c rc; -0 nm m a c 3 0 CD AN ORDINANCE WAIVING THE REQUICT 17' MCR©fvom COMPETITIVE BIDDING FOR A MAINTENANCE FOR THE ATOMIC ABSORPTION UNIT IN THE LAAORj0 e`V TORY AT THE FAYETTEVILLE WASTEWATER TREA32MENT tt' PLANT . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors hereby waives the requirements of competitive bidding for a maintenance contract for the atomic absorption unit in the laboratory at the Fayetteville Wastewater Treatment Plant for the reason that said requirements are not feasible because there is only one prospective bidder . Section 2 . That the Board of Directors hereby authorizes the Mayor and City Clerk to execute a maintenance contract for the atomic absorption unit in the laboratory at the Fayetteville Wastewater Treatment Plant with ThermoJarrell Ash Corporation for the year 1 / 1 / 88 to 1 / 1 / 89 at a total contract price of $ 3 , 120 . 00 . A copy of the maintenance contract authorized for execution hereby is attached hereto marked Exhibit " A" and made a part hereof . Section 3 . That the Board of Directors hereby determines that proper maintenance of the atomic absorption unit in the laboratory of the Fayetteville Wastewater Treatment Plant is essential for proper operation of said plant and hereby determines that the immediate passage of this ordinance is necessary for proper operation of the Fayetteville Wastewater Treatment Plant . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this _ 2nd day of February 1988 . APPROVED By : 0 I oQJS.L.Q1 vxJ Clerk i26445 . . PAGE X]F I CERTIFIED BUSINESS FORMS, INCL NEWTON, MA WIN TEL. (stn Ns9 0550 Thermo Jarrell Ash Corporation TJA SERVICE ASSURANCE AGREEMENT 8 East Forge Parkway (617) 520-1880 - - - Post Office Box 9101 Fax (617) 520-1732 Franklin, MA 02038-9101 Telex: 240066 RAS UR A subsidiary of Thermo Imtrument Systems Inc. AGREEMENT NO. 0098 TO r O .M . I . 1500 No . Fox Hunter AGREEMENT PERIOD Fayatteville , AR 72701 � �� ' FROM 111) L TO 1/1/89 � MODEL NO. SERIAL NO. INSTALLATION DATE INSTALLATION CHARGE TOTAL AMOUNT OF AGREEMENT P.O. NO. 957 , 755 , 454 272 3531 2528 S1120 C ADDITIONAL PROVISIONS Tnls Agreement Is entered into between Thermo Jarrell Ash Corporation I TJA) and the underslgr , ypttpgttiHE4s`israeIf i c 4I44T$tion of the payments wovlded for herein and subject to the terms and conditions set forth herein, TJA agrees to perform service (see Paragraph 3 on reverse side) on the equip- ment Identified above manufactured andlor sold by TJA and owned or leased by Customer at the optio farad regdeste7 by the Customer for a period of one year from the effective date hereof_ i=:, - CERTIFICATION 't>� lNuu I hereby certify that the equipment identified above is in normal operating condition. Date TJA Authorized Signature ALL OF THE TERMS AND CONDITIONS APPEARING ON THE FACE HEREOF AND ON THE REVERSE SIDE OF THIS AGREE. MENT AND THOSE SPECIFICALLY INCORPORATED HEREIN BY REFERENCE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. CUSTOMER O .K. I . ACCEPTED BY : ADDRESS 1500 No . Fox Hunter THERMO JARRELL ASH CORPORATION Faytteville , AR 72701 FRANKLIN, MA BY BY Signature Signature LuAnne Diffin all r Cewtsaut-6eo�dleato� Type Name & Title of Officer Type Name & Title of Signator DATE DATE ud� i264��E 458 t i TERMS AND CONDITIONS 1. Term This Agreement shall become effective upon acceptance by TJA at its home office e. Reconditioning and Overhaul The judgement of TJA service representatives in Franklin, Massachusetts, and shall continue in effect for a term of twelve (12) months shalt be accepted as to the means and methods to be employed for Service Calls thereafter. on the Equipment. When, in the opinion of the service representative, reconditioning 2. Default This Agreement may be terminated by TJA at any time without notice and and overhaul of the equipmenl is necessary because the Service Calls to be furnished without liability on the pan of TJA in the event of default m payment or other bream by tinder this Agreement cannot keep the equipment in Satisfactory operating condition. TJA %wlf submit ;0 Customer a cost estimate for the necessary work, and such work, Customer. I authorized by Customer. Shall be in addition to the Charges specified herein. 3. TJA Agrees To perform, at election of Customer, any one of the Service Calls listed g Accessories 11, during me term of this Agreement. Customer desires to modify the equip- below at the installation Lie specified herein. anent either d the purchase OI additional equipment,included or in the greeon of y mutual c 10 (A)Redair Service Calls which Shall include all necessary pans (new or reconditioned ex,sung e0uipment. then such atltlilions may be included in this Agreement by mutual con- as dete!mmed by TJA Feld Service Engineer) labor and !ravel expense. excepting sen' of l7e games in writing antl upon payment of such additional charges as may be specified those pans which are considered by TJA as expendables, and excepting as other m such .votingl. wise provided herein. Pans so removed by TJA shall become the property of TJA 10. Warrant TJA Shan TJA shall contact Customer (inclu0.ng oy telephone) within 24 hours of Customer's Y ti ereundorm r re services hereunder in egaud and workmanlike manner. repair service request. Repair Service Calls will ordinarily be performed only our. Reda�rs mane by TJA hereunder are warrantetl iq be tree from defects in materials and :.ofkmanship lot a oenoo of Inlay (30) days from the date of such repair. TJA shall correct ing normal working hours ir:: such cefect in material or workmanship manifested within Said thirty (30) day period 4. Customer Agrees To m no charge ALL OTHER WARRANTIES. EXPRESS AND IMPLIED. INCLUDING. BUT NOT (A) Perform routine maintenance recommended in TJA instruction manuals :or the UfdITED TO. ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTEND equipment covered by this Agreement. FD PURPOSE. ARE EXCLUDED FROM THIS AGREEMENT AND PERFORMANCE CON- (B) Pay. at TJA's then current charges. for all service and pans furnished by TJA TEhIPLATED HEREBY. which are not covered by Section 3 of this Agreement in maintaining the equipment 11 , Delays It at any time after arrival at Customer's facility TJA's service representative is covered by this Agreement, I.: acte to proceed with the Service Call due 10 delay or causes by Customer Or Others, TJA S. This Agreement Does Not Include: ' shall charge Customer for such delays or causes at TJA then current charges. (A) Pans and service other than those to be furnished under Section 3 aoove 12. Liability TJA 5 Lability hereunder Shall be limited to the cost of rendering of the Service tB) Pans and services. including even those to be furnished under Section 3 above. Ca"s Wilnout limning the foregoing. TJA shall in no event be liable to Customer for loss .which are made necessary by (1) customer neglect, misuse or improper operation: of production, profits. good will, work stoppages or special or consequential damages of (2) accident. fire. water, vandalism. electrical power lailure or other casualty: (3) any kine. or because of any delay in TJA's service representative in malting any Service Call. delays caused by customer; (4) the action of any persons other Iran an TJA authohz13. Assignment This Agreement shall not be transferred or assigned by Customer without ad service representative. (5) Customers failure 10 perform routine maintenance ;he aovance written consent of TJA. under Section 4 above: (6) modifications of the equipment covered by this Agreement wanout the prior written approval of TJA; or (7) unsuitable environmental conditions. 14. Miscellaneous No waiver, alteration or modification of any of the provisions of this Agree- (C) Installation of Equipmen6 men[ Shalt be binding on TJA unless signed by an authorized representative of TJA. The terms and conditions of this Agreement supersede all previous agreements between TJA (D) Operating Supplies of any kind. and Customer with respect to the equipment Covered by this Agreement with the exception 6. Terms of Payment All payments under this Agreement Shall be made by Customer net that any warranty under which the eauipmenl was purchased shall remain in effect without 30 days after receipt of TJA's invoice. All federal, slate and local taxes now or hereafter charge as a result of the execution Of this Agreement. No provisions except those Specifical- assessea as a result of me performance of his Agreement shall be paid by Customer. 17 ccmained in this Agreement are can of this Agreement unless specifically incorporated nerem by reference. This Agreement shall be construed and applied In accordance with 7. Services Outside Agreement All service and pans furnished by TJA outside the . tie taws of the Commonwealth of Massachusen5. Scope of Section 3 this Agreement Shall be billed and payable at TJA-s then current - charges for such service and pans. ►m� 12 ma459 a " r 1 Q - U � G— -� tri ^ t:� 4 .i: CERTIFICATE OF RECORD 1, Atmat KOUmeyef, Cfraa7 aer& 94 State of Arkansas ( Ex'officio Recorder for Washington Cod*. ( SS Arkansas, do hereby certify that this in City of Fayetteville strument was filed for record in my ofBea 1, Suzanne C. McWethy, City Clerk ands indicated hereon and the same is now Ex-Officio recorder for the City of Fayetteville;my recorded with the acknowledgament do hereby certify that the annexed or forennd cartffcata thereon in Record Book and going is of record in my office and the same ap=aga as Indicated thereon. pears' "in� Ordinance & Resolution book IN WITNESS WHEREOF, I have heratnto at page °? 97 Witness meet my hand and affixed the seal of said Court on the date indicated hereon.. hand d seal this day of Alma Kollmeyer F Nr�JL__ Circuit Clerk and City Merk a.,^d Ex-Cr)(c7 r,� . _ ':� : by • •.R v SPATE of ARKANSAS sa. County of Washington 'Lepi Nodces ORDINANCE NO. 7029 I. ( -t•LCkt' i - ;i I1.[ __/ hereby certify that I . ORDINANCE WAIV- am thepublisber ING THE REQUIREMENT OTHE NORTHWEST ARKANSAS TIMES, a daily newspaper . OF COMPETITIVE BID- having a $eCOfld CIaS$ mailing privilege. and being not less than four pages Of DING FOR A MAINTE- five columns each, published at a fixed place of business and at a fixed (daily) NANCE CONTRACT FOR intervals continuously ls conti ( In the Cit Count n. Arkansas THE ATOMIC, ABSORP- TION UNIT IN THE LABO- for more than a period Of twelve months, circulated and distributed from an -TEV I LL WASTEWATER AT THE FAYE TEVILLE established place Of business to subscribers and readers generally Of all classes 'TREATMENT PLANT._ In the City and County for a definite price for each copy, or a fixed price per ' BE IT ORDAINED BY annum, which price was fixed at what Is considered the value of the publication, THE BOARD OF DIREC- TORS OF THE CITY .OF based upon the news value and service value it contains, that at least fifty percent F A Y E T T EV I L L S . Of the subscribers thereto have paid cash for their subscriptions to the newspaper ARKANSAS: I " Section 1.. That the Board or Its agents or through recognized news dealers over a period of at least six . -of Directors hereby waives months; and that the said newspaper publishes an average of more than forty the requirements a Coco- percent news matter. petltive bidding for a ... tenance contract for the•� - "atomic absorption unit in the l I further certify that the legal notice hereto attached In the matter of laboratory at the Fayet- teville Wastewater. Treat- ment ;� ment Plant for the I y-� that said requirements are .' ( i - li- /� / l ) . • ��N3 not feasible because there isI only one prospective bidder. / Section 2. That the Board waspubltshed In the regulardaily Issue of said newspaper for of Directors hereby authorizes the Mayor entl consecutive insertions as follows: City Clerk to execute a , J� / maintenance contract for . the atomic absorption unit iff, The first insertion on the / n .c :; day o[ - P 19 I� the laboratory at the Fayet? teems wastewater Treat-• the second Insertion on the da of 19 ment Plant with Thermo, Y Jarrell Ash Corporation fo the year 1/1/88 to 1/1/99 at'a the third Insertion on the day of 19 total contract price ofI $3,120.00. A COPY of the maintenance contract and the fourth insertion on the day ' of ' authorized for execution 19;- _ ; hereby Is attached hereto marked Exhibit "A" made a part hereof. _ Section 3. That the Board' -�( f / of Directors hereby deter-:I Sworn to and subscribed before me on this day of mines that proper main:e-_I nance of the atomic abso �� •• • . 79 1 tion unit In the laboratory of c� t �-� 5.0 ,z.u1- ' •. the Fayetteville Wastewater ��A • . Treatment Plant is essential , b /-•� � ��y: for proper operation of saitl plant and hereby determines NotarOubtic that the immediate passage of this ordinance Is neces- sary for proper operation of. My Commission Expires: �- the Fayetteville Wastewater. '�'•, ' ( f I 1' Treatment Plant. Therefore, • �( an emergency is hereby ' declared to exist and this or-. . ' � ( � i••i ' ' �•1 dinance being necessary for 'i/:• - the public health, safety and _ /1!lllll illi• •"••• welfare shall be in full force , and effect from and after Ifs. passage and approval. . " - 2 % ( D PASSED AND APPROV Fees f0[ Printing _ S � ED this 2nd der Of Febru- ary, . APPRO err, 1988. t--, ROVED JJ Cost of Proof _ S ' BY : Marilyn Johnson ) MarorA Total _- S ATTEST e1hY= BY: ClerkSuzanneMCWethy f. ' City Clark Exhibit "A" is on file in the Office of the City Clerk, . 113 West Mountain S1ree1, Fayettevll le,Arkansas.