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HomeMy WebLinkAboutORDINANCE 6085113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6085 File Number: 2018-0445 SCHNEIDER ELECTRIC SERVICES USA, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE AND INSTALLATION OF AN R -FRAME RETROFIT KIT FOR A NEW CIRCUIT BREAKER AT THE WEST SIDE WATER RESOURCE RECOVERY FACILITY FROM SCHNEIDER ELECTRIC SERVICES USA, INC. IN THE AMOUNT OF $21,938.84 PLUS APPLICABLE TAXES WHEREAS, a circuit breaker that is a part of the ultraviolet disinfection system at the West Side Water Resource Recovery Facility is in need of replacement; and WHEREAS, the particular compatible replacement parts are sold only by Schneider Electric Services USA, Inc. and the company's technicians are best qualified to install the parts to ensure electrical component compatibility and warranty. NOW, THEREFORE, BE IT ORDAINED 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 the facts shown above establish that an exceptional situation exists in which competitive bidding is not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the purchase of an R -Frame Retrofit Kit for a new circuit breaker at the West Side Water Resource Recovery Facility from Schneider Electric Services USA, Inc. in the amount of $21,938.84 plus applicable taxes. Page 1 Printed on 915118 Ordinance: 6085 File Number.- 2018-0445 PASSED and APPROVED on 9/4/2018 Attest: I rrq Sondra E. Smith, City Clerk T '�j.TRFAS'�i,� OP r_ • �U. 1J4LL�• GTO Page 2 Printed on 915118 f:R 113 West Mountain Street City of Fayetteville, Arkansas Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0445 Agenda Date: 9/4/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 1 SCHNEIDER ELECTRIC SERVICES USA, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE AND INSTALLATION OF AN R -FRAME RETROFIT KIT FOR A NEW CIRCUIT BREAKER AT THE WEST SIDE WATER RESOURCE RECOVERY FACILITY FROM SCHNEIDER ELECTRIC SERVICES USA, INC. IN THE AMOUNT OF $21,938.84 PLUS APPLICABLE TAXES WHEREAS, a circuit breaker that is a part of the ultraviolet disinfection system at the West Side Water Resource Recovery Facility is in need of replacement; and WHEREAS, the particular compatible replacement parts are sold only by Schneider Electric Services USA, Inc. and the company's technicians are best qualified to install the parts to ensure electrical component compatibility and warranty. NOW, THEREFORE, BE IT ORDAINED 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 the facts shown above establish that an exceptional situation exists in which competitive bidding is not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the purchase of an R -Frame Retrofit Kit for a new circuit breaker at the West Side Water Resource Recovery Facility from Schneider Electric Services USA, Inc. in the amount of $21,938.84 plus applicable taxes. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2018 Greg Weeks Submitted By City of Fayetteville Staff Review Form 2018-0445 Legistar File ID 9/4/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/15/2018 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends a Bid Waiver with Schneider Electric for installing a R -Frame retrofit kit and a new 2000 -amp main circuit breaker for the UV Disinfection System's Model 6 Motor Control Center (MCC) in the amount of $21,938.84 plus estimated applicable taxes of $2,139.04 for a total of $24,077.88. 5400.730.5800-5414.00 Account Number 02069.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Water/ Sewer Fund Plant Pumps and Equipment - WWTP Project Title Current Budget $ 844,807.00 Funds Obligated $ 381,253.39 Current Balance f $ 463,553.61 Item Cost $ 24,077.88 Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 4, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee Tim Nyander, Utilities Director FROM: Greg, Weeks, Wastewater Treatment DATE: August 15, 2018 CITY COUNCIL MEMO SUBJECT: Approval of a Bid Waiver with Schneider Electric approving installation of a R - Frame retrofit kit for one (1) Model 6 MCC, 2000 -amp main circuit breaker at the West Side Water Resource Recovery Facility (WRRF). RECOMMENDATION: Staff recommends installing a retrofit kit for the Model #6 MCC including one (1) R -Frame, 2000 -amp main circuit breaker governing the West Side WRRF's UV Disinfection Process in the amount of $21,938.84 plus applicable taxes. BACKGROUND: The West Side Recovery Facility treats an average of 7.2 million gallons of wastewater per day. All treated process water is disinfected via the facility's Wedeco UV disinfection unit. The UV disinfection unit is governed by a Square -D Motor Control Center (MCC). This particular MCC is a Model 6 which houses a 2000 -amp main circuit breaker. The Square D brand is now owned by Schneider Electric. The current 2000 -amp breaker is an older, P -Frame type that is an obsolete model and has been prone to nuisance tripping, resulting in unnecessary system shut downs and personnel call -outs. The updated and improved 2000 -amp breakers for this MCC are a R -Frame type and require retro -fit modifications for installation into the existing MCC cabinet. A bid waiver with Schneider Electric is required for completion of the MCC retro -fit modifications as Schneider certified technicians are necessary to ensure proper electrical component compatibility and maintain the MCC's Underwriters Laboratories (UL) Listing. DISCUSSION: In 2017 a similar retrofit -replacement was completed by Schneider Electric on the West Side facility's other 2000 -amp, Model #6 MCC tied to the facility's Equalization (EQ) Basin. Since upgrading to the R -Frame type breaker this MCC has operated with few issues. Performing a similar retrofit -replacement on the UV Disinfection's 2000 -amp MCC will similarly improve the reliability and performance of the facility's disinfection capacity. Also, upgrading to the R -Frame type breaker will provide standardization between the facility's two Model 6 MCCs and would allow interchangeability of critical spare breakers in the future. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Schneider Electric has submitted a quote in the amount of $21,938.84 plus applicable taxes for installing the retro -fit kit and providing a new, certified R -Frame type, 2000 -amp main circuit breaker for the UV Disinfection System's MCC. Because the MCC and breaker are Schneider brand equipment staff recommends approving a bid waiver for the breaker upgrade to maintain UL Listing, electrical equipment standardization, and breaker interchangeability. BUDGET/STAFF IMPACT: Funds are available in the Wastewater Treatment Plant CIP — Plant Pumps and Equipment project. Attachments: Quote from Schneider Electric wi a _-tam- . . V lot -a l � qWtGOIIFF _WfAA Schneider Make the most of your energy, OElectric D❑ SQUARE 1= Schneider Electric Services Negotiation 1650 West Crosby Rd Carrollton, TX 75006 pan City of Fayetteville ate X38-01-2018 Schneider CElectric in energy rnanagernenr Marr INegotiation # I EF18_060_Fayetteville_P2R_And_Setting_Verification_Rev1 ect I P2R Retrofit and Coordination Setting Verification Schneider Electric (SE), Square D Services is pleased to offer the following proposal for your consideration. We look forward to working with you and your team to make your plant more safe and reliable. Schneider Electric is a global specialists in energy management, helping customers make the most of their energy. Why Use SE.... While many of our competitors compete on the basis of price, we compete based on providing the best value to our customers. Our 100+ years of experience building electrical equipment, switchgear and components has given us a unique insight into both predictive and preventive maintenance. While many third -party vendors may provide a low price, they typically look for any reason to issue a change order request. As a major manufacturer with the nation's largest field service organization, we live and die by our reputation. We look forward to partnering with you on this project as well as growing our relationship for tomorrow. You deserve the confidence of having a strong partner, especially when it comes to the safety and reliability of your electrical infrastructure Scope of Work Provide professional services to do whatever the job requires at the customer facility in the city and state. Proposal Includes: • Two (2) Field Service Technicians for one (1) ten (10) hour day of onsite services • One (1) FSR for one (1) eight (8) hour site visit (measurements) • Standard Non -Holiday Labor - Monday through Friday, 7:30 a.m. to 4 p.m. • All labor, travel and expenses - Site Specific Training, up to two (2) hours during Standard (non -holiday) time, M -F, 7:30 to 4 p.m. • An Engineering Report documenting the work performed. Schneider Electric Services Negotiation P to R Retrofill Kit Schneider the ,I.al specialist 0 E I e c t r i C in energy management 1. Schneider Electric Services will remove (1) existing SqD P -Frame PXF 2000A circuit breaker and retrofill it with (1) Powerpact R -Frame circuit breaker. Trip Unit Settings for new breaker. 2. Schneider Electric Services will supply and install all necessary components to connect the breaker to the existing system. This includes: new copper bus, front door, bus supports, and breaker mounting plate. NOTE —Schneider Electric Services will also provide 2 techs for 2 hours to verify all trip unit settings with the existing coordination study and make note of any discrepancies. No changes are to be made, just documented. 3. The customer will be responsible for supplying the following: -Submittals, Plan Check, and City Permits if required. -Cost and scheduling of power shut downs. -All existing electrical drawings of their system Schneider Electric Services Negotiation CLARIFICATIONS Schneider the gl.bal specialist 0 E F e c t r I c in energy management 2. The retrofill will void pre-existing third party verification labeling. Schneider Electric Services can provide a proposal, upon request, for third party inspection if necessary. 3. It is recommended that the customer have short circuit analysis done on their system to verify available fault currents. This can be performed by Schneider Electric Services for an additional fee. 4. Customer is responsible for providing trip unit settings for proper coordination with the existing system. Retrofill breaker will be shipped with factory trip unit settings. A system coordination study is available from Schneider Electric Services for an additional fee. 5. The trip unit quoted is not equipped for communications. Communications functionality can be added for an additional fee. 6. Installation labor is based upon normal overtime labor hours on a Saturdays. Sundays and Holiday are excluded. 7. Pricing is valid for 30 days from date of this proposal. Standard Schneider Electric Services Terms & Conditions apply. Net Pricing (includes distributor markup) $21,938.84..... price does not include any applicable taxes Schneider the 11.bal specWist Schneider Electric Services Negotiation O E l e c t r i c in energy management Qualifications • Progress billing will be used • Equipment must be de -energized • Price quoted does not include any state, federal, or local taxes • Occasionally, during the process of testing and service, parts and or components will be found to be out of tolerance. Should issues be discovered that require additional parts and labor, a separate proposal will be provided and work will not proceed until your authorization has been provided. Customer Responsibilities • Provide free and clear access to the job site and equipment. • Provide qualified personnel familiar with the electrical equipment to perform all switching, de-energization, re-energization, grounding and lockout of the equipment and verify zero energy state as defined by NFPA70E. • Coordinate all power outages with utility as needed and absorb any related costs. • Provide adequate temporary lighting for walk ways and emergency exits. • *Work will not commence until adequate lighting is in place.* • Provide 48 hours of notice for schedule changes • Provide point of contact for all specific job and site requirements as well as emergency instances information. Schedule This work will be performed upon receipt of a purchase order and all pertinent equipment information. Once received, Schneider Electric Services will contact City of Fayetteville to coordinate the schedule. A two (2) week advance notice is required for scheduling onsite work. In the event of cancellation, Schneider Electric Services requests a minimum 1 -week notice prior to the scheduled start date. Proposal Acceptance This proposal is valid for thirty (30) days from date of issue. Any changes to the scope of work or Bill of Material will require a revised quotation which may result in a price change. To accept this proposal, please issue a Purchase Order to your preferred local Square D distributor. Please have them reference EF 18060 when they contact me at eric. foster. us&5chneider-electnc.com Delays All work is to be performed on a continuous basis without any unnecessary delays. In the event that the on-site work is delayed due to actions beyond SE Services control, SE Services will charge for the additional personnel time and expenses in accordance with published time and material rates. Extra Work During the course of the specified work, it is possible that the need for additional work will be identified. In such cases, we will offer a firm price or rates to perform the recommended scopes. We will review the details with the appropriate representative and will need authorization before we proceed. Schneider the 1.bal -specialist Schneider Electric Services Negotiation O E I e c t r i c in energy management Terms and Conditions This work scope is subject to the existing terms and conditions between your company and SE Services. If no agreement is in place, the work described in this proposal will be performed in accordance with the Schneider Electric USA, Inc. — Services Terms and Conditions of Supply and Performance (attached). No other terms and conditions shall apply and Schneider Electric specifically rejects any preprinted terms and conditions on customer's purchase order. Please note that taxes, if applicable, are not included. Thank you for allowing Schneider Electric the opportunity to provide this proposal If you have questions regarding the contents of this proposal or need additional information, contact me at (870) 552-0583 or Eric.Foster.US@schneider-electric.com. I look forward to the possibility of working with you in the near future. Sincerely, Eric Foster Services Sales Executive Schneider Electric Services USA, Inc. Attachments: Schneider Electric USA, Inc. - Services Terms and Conditions Confidential: This quotation is for the exclusive use of the above mentioned company and is not intended for distribution to an outside party. Schneider Electric USA, Inc. Services TERMS AND CONDITIONS OF SUPPLY AND PERFORMANCE 1.0 DEFINITIONS 1.1 Schneider Electric USA, Inc. - Services shall be known and referred to herein as "SEUSA". 1.2 The term "Quotation" shall be employed herein to refer to the complete offer of SEUSA, including commercial and technical section, and shall be subject to these Terms and Conditions of Supply and Performance, which are deemed incorporated unless specifically stated otherwise. 1.3 The term "Equipment" shall be applied to any equipment, materials, parts or supplies that shall be provided by SEUSA as a part of the Quotation. 2.0 TERMS AND CONDITIONS OF SALE 2.1 SEUSA hereby gives notice of its objection to any different or additional terms and conditions, except for any such terms and conditions as may be expressly accepted in writing. 2.2 Unless different or additional terms and conditions are stated or referred to in the Quotation, in which event such different or additional terms and conditions shall be exclusive to the particular subject covered, these terms and conditions supersede any prior or contemporaneous agreements or correspondence between the parties. No form provision of purchaser shall be of any force or effect. 3.0 QUOTATIONS 3.1 The Quotation shall be valid for thirty (30) days from the date of issue, unless specifically stated otherwise in the Quotation. 3.2 The Quotation shall be based solely on the bid documents. The bid documents are the drawings, specifications and/or instructions of the purchaser, as modified by agreement or SEUSA objection. Significant deviations between the actual conditions and circumstances of the work and those specified in the bid documents shall be just cause for an appropriate adjustment in work scope, price and time allowed for performance. 4.0 INVOICING, PAYMENT AND CANCELLATION 4.1 Unless specifically noted otherwise in the Quotation, all prices quoted are 'NET", without any discount, and are firm for the period through the completion of the work. 4.2 SEUSA may invoice purchaser monthly for all work performed, and for all equipment delivered to the job site or to an off-site storage facility. Purchaser may delay the work, for a period not to exceed 60 days, by giving notice to SEUSA, and purchaser shall pay for all work prior to the delay, and will pay all costs incurred by SEUSA as a result of such delay. SEUSA will be entitled to an increase in the time of performance equal to the delay and a reasonable time necessary to accommodate conditions created by the delay, If such delay results in increased costs to SEUSA, or a general price increase of SEUSA occurs during the delay, SEUSA shall be entitled to an adjustment in the contract price. 4.3 Terms of payment are net upon receipt of invoice. All past due accounts will be charged interest at the rate of 1 % per month, until paid. 4.4 If, in the opinion of SEUSA, the financial condition of the purchaser at the time the work is ready to be performed, or the equipment is ready for shipment does not justify the terms of payment specified, SEUSA may require payment in advance or other adequate assurance of performance. 4.6 In the event of the insolvency, bankruptcy or default of the purchaser, SEUSA shall be entitled to cancel any outstanding contract, to receive reimbursement for its reasonable and proper cancellation charges, and to retain possession of equipment repaired or serviced under the contract until the charges for the services have been paid. If the charges are not paid within ninety (90) days of the completion of the work and invoicing to purchaser, SEUSA shall be entitled to sell the repaired or serviced equipment at a public or private sale, upon written notice to the purchaser, 4.7 Purchaser agrees to pay and reimburse SEUSA for any and all attorneys' and or collection fees that are incurred by SEUSA in the collection of amounts due and payable hereunder. Rev. Jan -2010 4.8 Purchaser shall not back charge SEUSA, or offset against SEUSA invoices, for any costs or expenses, without the express written consent of SEUSA. 4.9 Customer may terminate any purchase order on 20 days written notice to SEUSA and payment of reasonable cancellation charges of SEUSA. Cancellation charges shall include time and expenses incurred at applicable rates, charges incurred from third parties as a result of such termination, and equipment re -stocking charges equal to Square D usual and customary re -stocking charges to its distributors. A $450 minimum charge will apply to any services cancelled within 48 hours of the date service was scheduled to commence. 4.10 SEUSA shall have the right to suspend affected services pending resolution of disputes. All remedies of SEUSA are cumulative, and in addition to remedies available at law or in equity. 5.0 PRICE POLICY 5.1 Prices are subject to change without notice. Price adjustment clauses will be stated at the time of quotation and a copy will be included as part of the Quotation. 6.0 MINIMUM BILLING 6.1 The minimum billing for services performed on a single order will be four (4) hours charged at the applicable rate, but not less than $450. The minimum billing for equipment supplied on a single order will be $100, or such larger amount required by any affected third party vendor. 7.0 DELIVERY - RISK OF LOSS 7.1 Unless otherwise stated in the Quotation, all transportation costs shall be for the account of the purchaser and shall be added to the invoice. Equipment furnished by SEUSA, and purchaser's equipment repaired by SEUSA, shall be delivered to the purchaser F.O.B. SEUSA's Service Center. The purchaser shall deliver equipment to be repaired F.O.B. SEUSA's Service Center. Title to and risk of loss or damage to any equipment furnished by SEUSA under the contract shall pass to the purchaser F.O. B. SEUSA's Service Center. 8.0 LAWS, REGULATIONS, PERMITS, LICENSES AND LOCAL ORDINANCES 8.1 The purchaser shall inform SEUSA of any special laws, regulations, or ordinances that the purchaser may be aware of and which shall affect the performance of the work or the supply of the equipment. 8.2 Unless specifically noted elsewhere in the Quotation, the purchaser shall be responsible for securing any and all licenses and/or permits, whether temporary or permanent in nature, required for the performance of the work, 8.3 SEUSA will be entitled to a reasonable adjustment in the contract price or time of performance for significant changes in any of the laws, regulations, or ordinances governing the work or the equipment, which shall occur after the issuance of the Quotation and affect the time or cost of performance. 9.0 WARRANTIES 9.1 SEUSA warrants, to the extent to which any of the same may be applicable, that (a) any equipment furnished by it or any work done by it on the purchaser's equipment or both shall be free of defects in workmanship and materials, (b) any specialized tools, equipment and instruments for the use of which a charge is made to the purchaser shall be adequate for the work to be performed and (c) the engineering services performed by it will be competent and any recommendations of its representatives shall reflect their best professional knowledge or judgment. -9.2 SEUSA shall, upon prompt written notice from purchaser, correct any failure to conform to any of the applicable foregoing warranties that may appear with a period of one (1) year after completion of the work, or shipment of the equipment, requiring correction under this warranty. Such correction may, in the case of Item 9.1 above and the election of SEUSA, be limited to the repair or replacement F.O.B. SEUSA's Service Center, of the defective equipment furnished by it. In the case of any other breach of the foregoing warranty, SEUSA shall furnish services or specialized tools, equipment and instruments, to the same extent as on the original work. It is understood and agreed that unless otherwise agreed to in writing by SEUSA, SEUSA assumes no responsibility with respect to the suitability of purchaser's equipment or with respect to any latent defects in the same. In no event shall SEUSA be responsible for providing working access to the defect, parts resulting in part from improper maintenance or operation of the equipment in a deteriorated condition. The condition of any tests shall be mutually agreed upon and SEUSA shall be notified of, and may be present at all tests that may be made. 9.3 The above warranties do not apply to equipment that has a life, under normal use, inherently shorter than the one (1) year period indicated above. On equipment not manufactured by Square D Company, SEUSA only extends the same warranty it receives from its supplier. SEUSA makes no warranties, express or implied with respect to such equipment and purchaser will look solely to the manufacturer for resolution of warranty issues. 9.4 SEUSA warrants that any engineering studies performed by it will conform to high professional standards. Any portion of the study that does not so conform shall be corrected by SEUSA upon notification in writing by purchaser within six (6) months after completion of the study, as purchaser's sole remedy, 9.5 All warranty work shall be performed on a single shift straight time basis Monday through Friday, In the event that the product requires correction of warranty items on an overtime schedule, the premium portion of such overtime shall be for the purchaser's account. 9,6 THE FOREGOING WARRANTIES AND ANY ADDITIONAL WARRANTIES PROVIDED IN THE QUOTATION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE), EXCEPT OF TITLE AND AGAINST PATENT INFRINGEMENT. 9.7 The remedies provided above are the purchaser's sole remedies for any failure of SEUSA to comply with its obligations. Correction of any nonconformity in the manner and for the period of time provided above shall constitute complete fulfillment of all liabilities of SEUSA whether the claims of the purchaser are based in contract, in tort (including negligence) or otherwise with respect to or arising out of the work performed hereunder. IN NO EVENT SHALL SEUSA, BY REASON OF ITS WARRANTY OBLIGATIONS OR OTHERWISE, BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND FROM ANY CAUSE, REGARDLESS OF THE BASIS OR FORM OF THE ACTION. 10.0 LIABILITY 10.1 Neither party shall be liable or responsible for loss, damage, injury, or delay caused by conditions beyond that party's reasonable control, including but not limited to a) acts of God, b) acts of government agencies, c) strikes, d) labor disputes, e) fire, explosions or other casualties [unless caused or contributed to by the negligence or willful act of the party otherwise intended to be excused by this paragraph], f) thefts, g) riots, h) war, 1) malicious mischief, or j) unavailability of repair material. 10.2 SEUSA shall have no liability under the Quotation for any injury, loss or damage caused directly or indirectly by any equipment or system not specifically covered by the Quotation. 10.3 Notwithstanding anything to the contrary contained herein, the maximum liability of SEUSA to the purchaser for any claim, loss, damage or injury for which SEUSA may be liable pursuant to the terms and conditions of the Quotation or the work performed by SEUSA or the materials supplied by SEUSA, shall not exceed the price of the equipment or work on which such liability is based. 10.4 Unless otherwise agreed to in writing by a fully authorized representative of SEUSA, services and equipment proposed in the Quotation are not intended for use in, or connection with, a nuclear facility or activity. If so used, for whatever reason, SEUSA shall not be liable for any damage, injury or contamination arising out of the supply of any products hereunder or the providing of any services hereunder, and purchaser shall indemnify SEUSA against any such liability, whether as a result of breach of contract, warranty, tort [including negligence] or otherwise. Rev. Jan -2010 10,5 Notwithstanding anything to the contrary contained herein, SEUSA, its contractors and suppliers of any tier, shall not be liable in contract, for loss of profits or revenue, loss of use of equipment or power system, cost of capital, cost of purchased or replacement power or temporary equipment (including additional expenses incurred in using existing facilities), claims of customers of the purchaser, or for any special, indirect, incidental, or consequential damages whether based in contract or in tort, including negligencincluding t or strict liability. 11.0 TIME ALLOWED FOR PERFORMANCE 11.1 The time allowed for performance of the work shall be as specified in the Quotation. It shall commence upon the execution of the contract by the purchaser and SEUSA, and shall be deemed duly met if the work is substantially completed within the time allowed within the Quotation, 11.2 If the equipment to be furnished by SEUSA under the terms of the proposal shall become temporarily or permanently unavailable for reasons beyond the control and without the fault of SEUSA, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent, thereof. In the case of permanent unavailability, SEUSA shall at purchaser's option either: (a) be excused from furnishing said equipment, or (b) be reimbursed by purchaser for the difference between the cost of the equipment unavailable and the cost of a reasonably available substitute thereof. 11.3 SEUSA shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond SEUSA's reasonable control, including, but not limited to embargo or other governmental act, regulation, or request; accident; strike; slowdown; war; riot; delay in transportation; inability to obtain necessary labor, materials, or manufacturing facilities; acts of God; fire; and acts or omissions of the purchaser, owner or other contractors or subcontractors, or delays caused by the suppliers or subcontractors of SEUSA. 12.0 TAXES 12.1 The price listed in the Quotation does not include any duties, levies, sales, use, excise, or other similar taxes, unless specifically noted otherwise within the Quotation. 12.2 Purchaser shall pay, in addition to the stated price, all taxes legally required to be paid by purchaser or, alternatively, shall provide SEUSA with valid tax exemption certificates. 13.0 INSURANCE 13.1 Insurance coverages in excess of SEUSA's standard coverages and limits will only be furnished when specifically requested by purchaser and when detailed within the Quotation. 13.2 No credit will be given or premium paid by SEUSA for insurance afforded by others. 14.0 OCCUPATIONAL SAFETY AND HEALTH 14.1 The parties hereto [SEUSA and purchaser, owners, representatives, employees, agents, contractors, subcontractors, heirs, and assigns] agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of the Occupational Safety and Health Act, relating in any way to the project or project site. 15.0 ENTIRE AGREEMENT 15.1 The Quotation, complete with these Terms and Conditions of Supply and Performance, shall, upon acceptance, constitute the only and entire agreement between the parties, and supersedes any prior representations or understandings, Purchaser specifically acknowledges and agrees that any purchase order issued by Purchaser pursuant to the Quotation shall operate only to establish payment authority for Purchaser's internal accounting purposes. Any such purchase order issued by Purchaser shall not be considered as a counteroffer, addition, amendment, modification or other revision to the terms of the Quotation, and any terms or conditions contained in Purchaser's purchase order shall be of no force and effect in connection with the Quotation, 15.2 If any part, paragraph or portion of the Quotation, these Terms and Conditions of Supply and Performance, or the subsequent contract shall be found to be invalid by virtue of law or legal decision, the remainder of these terms and conditions shall not be affected, and shall remain fully in force, while the purchaser and SEUSA shall jointly seek to replace the invalid part, paragraph, or portion with an agreement having a legal, commercial, and economic effect as similar as possible to the invalid part, paragraph, or portion. 16.0 CHANGES '16.1 No change or modlflcatlons of any of the terms and condltlons of supply and performance shall be binding upon SEUSA unless specifically accepted by SEUSA in writing. Change requests Wll be resolved and recorded on a Change Order signed by both parties prior to implementation. Rev. Jan -2010 RECEIVED OCT 0 4 2019 UTY.OF FAYETTEVILLE CITY CLERKS OFFICE NORTHWEST ARKANSAS Democrat onette AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of - CITY OF FAYETTEVILLE Ord. 6085 Was inserted in the Regular Edition on: September 13, 2018 Publication Charges: $ 97.50 Cathy Wiles Subscribed and sworn to before me This 1 day of 04, , 2018. Notary Public My Commission Expires: Z-04 ZY **NOTE** Please do not pay from Affidavit. Invoice will be sent. rn',I%l' RUSHER Nclary PuLI��—Fr4:;nsas %, ,-.r!ErF12 2026 Ordinancc:6085 File Number: 2018-0445 SCI INE IDER ELECTRIC SERVICES USA, INC AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE AND INSTALLATION OF AN R -FRAME RETROFIT KIT FOR A NEW CIRCUIT BREAKER AT THE WEST SIDE WATER RESOURCE RECOVERY FACILITY FROM SCHNEIDER ELECTRIC SERVICES USA, INC. IN THE AMOUNT OF $21,938-84 PLUS APPLICABLE TAXES WHEREAS, a circuit breaker that is a part of the ultraviolet disinfection system at the West Side Water Resource Recovery Facility is in need of replaccmcntc and WHEREAS, the particular compatible replacement parts are sold only by Schneider Elecbic Services USA, Inc. and the company's lechnicians are best qualified to install the parts to ensure electrical component compatibility and warranty. NOW, THEREFORE, BE IT ORDAINED BY -fHE CITY COUNCIL OF THE CITY OF FAYETTEVILL.E, ARKANSAS: Scclion 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the facts shown above establish that an exceptional situation exists in which competitive bidding is not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the purchase of an R - Frame Retrofit Kit for a new circuit breaker at the WestSide Water Resource Recovery Facility I'rom Schneider Electric Services USA, Inc. in the amount of $21,938,84 plus applicable taxes. PASSED and APPROVED on 9/4/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74669825 Sept- 13112018