HomeMy WebLinkAboutORDINANCE 6098113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6098
File Number: 2018-0506
JCI INDUSTRIES, INC.:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A REPAIR QUOTE OF
$14,570.00 PLUS APPLICABLE TAXES FROM JCI INDUSTRIES, INC. TO REPAIR A
WASTEWATER PUMP USED AT THE GREGG STREET SEWER LIFT STATION
WHEREAS, the Gregg Street Lift Station's four submersible pumps are systematically pulled for
inspection and repairs; and
WHEREAS, the vendor was required to take apart and inspect the pump for damage and has
determined that it IS in need of a routine rebuild and minor machine work which can be done at a cost
of $15,990.58, including sales tax; and
WHEREAS, formal competitive bidding is not necessary for the repair of "hidden or unknown
damages."
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 because
of Arkansas Procurement Law R6:19-11-203, subsection 14 (EE): repair of "hidden or unknown
damages" the repair of the wastewater pump does not require formal competitive bidding and,
therefore, waives competitive bidding and accepts the repair quote from JCI Industries, Inc. in the amount
of $14,570.00 plus applicable sales tax and authorizes the payment of that amount.
PASSED and APPROVED on 10/2/2018
Page 1 Printed on 1013118
Ordinance: 6098
Ellgl-Nti nbeC 2018-0506
Attest:
ILA(a.
Sondra E. Smith, City Clerk Treasurer
'',�1111T11�f111�,.1
):FAYFTTEViLLE; w
�:9•gRkOSF �J .•
.,■ , ,N it i�N � ,`��
Page 2 Printed on 1013118
is City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
tir Text File
File Number: 2018-0506
Agenda Date: 10/2/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 3
JCI INDUSTRIES, INC.:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A REPAIR QUOTE OF
$14,570.00 PLUS APPLICABLE TAXES FROM JCI INDUSTRIES, INC. TO REPAIR A
WASTEWATER PUMP USED AT THE GREGG STREET SEWER LIFT STATION
WHEREAS, the Gregg Street Lift Station's four submersible pumps are systematically pulled for inspection
and repairs; and
WHEREAS, the vendor was required to take apart and inspect the pump for damage and has determined that
it IS in need of a routine rebuild and minor machine work which can be done at a cost of $15,990.58, including
sales tax; and
WHEREAS, formal competitive bidding is not necessary for the repair of "hidden or unknown damages."
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 because of
Arkansas Procurement Law R6:19-11-203, subsection 14 (EE): repair of "hidden or unknown damages" the
repair of the wastewater pump does not require formal competitive bidding and, therefore, waives competitive
bidding and accepts the repair quote from JCI Industries, Inc. in the amount of $14,570.00 plus applicable
sales tax and authorizes the payment of that amount.
City of Fayetteville, Arkansas Page 1 Printed on 101312018
City of Fayetteville Staff Review Form
2018-0506
Legistar File ID
10/2/18
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 9/24/2018 WASTEWATER TREATMENT (730)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approving the repair of a wastewater pump used at the Gregg Street Sewer Lift Station by JCI
Industries, Inc. in the amount of $14,570.00 plus estimated applicable taxes of $1,420.58 for a total of $15,990.58.
Original Contract Number:
Comments:
Budget Impact:
5400.730.5800-5414.00
Water and Sewer
Account Number
Fund
02068.1
Upgrade/Replace Lift Stations
- WWTP
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$
330,985.00
Funds Obligated
$
276,647.24
Current Balance
37.76
Does item have a cost? Yes
Item Cost
$
15,990.58
Budget Adjustment Attached? No
Budget Adjustment
$
-
Remaining Budget
38,347.18
V20180321
Purchase Order Number:
Previous Ordinance
or Resolution #
Change Order Number:
Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEIVILLE
ARKANSAS
MEETING OF OCTOBER 2, 2018
TO: Mayor Lioneld Jordan
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: September 24, 2018
CITY COUNCIL MEMO
SUBJECT: Gregg Street Sewer Lift Station Pump Rebuild — JCI Industries, Inc.
RECOMMENDATION:
Staff recommends approving the repair of a wastewater pump used at the Gregg Street Sewer
Lift Station by JCI Industries, Inc. in the amount of $14,570.00 plus applicable taxes.
BACKGROUND:
The Gregg Ave Lift Station is the largest single wastewater lift -station that feeds into the
Hamestring Lift Station. Hamestring delivers over 85% of the average 7+ MGD of wastewater
influent to the West Side WRRF. A predictive maintenance schedule was initiated in
2012, where the station's four submersible pumps are systematically pulled for inspection and
repairs. Completing repairs to this final pump will represent the close of Lift -station #05's most
recent predictive -repair cycle.
DISCUSSION:
The final 80 HP KSB pumps was recently removed and shipped to JCI Industries, Inc. in Joplin,
MO for disassembly and repair inspection. The pump was found to be in need of a routine
rebuild including some minor machine work, as expected for a ten -year-old pump.
Because it was necessary to have the repair facility disassemble and inspect the unit to
determine the extent of hidden and unknown damage to equipment already purchased, a bid
waiver and/or formal sealed bidding is not necessary according to Arkansas Procurement Law
R6:19-11-203, Subsection 14 (EE) "hidden or unknown damages."
BUDGET/STAFF IMPACT:
Funds are available in the Wastewater Treatment Plant — Upgrade/Replace Lift Stations project.
Attachments:
Quote from JCI Industries, Inc.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CH2M Hill OMI
1400 North Fox Hunter Road
Fayetteville, AR 72701
Phone: 620-255-4200
Fax:
Attention: JD Turley
Subject: KSB Repair REVISED
Quotation #: 0684192951TW-REV001
Please refer to this number when ordering
JD Turley:
JCI Industries, Inc.
2301 W. 20th Street
Joplin, MO 64804
Tel: 417-623-4544
Friday, September 21, 2018
We are pleased to respond to your request for quotation with the following items. Please reference
our quotation number on all related correspondence. If you have any questions or need additional
information please give Jason Rector or myself a call.
Best regards,
Tristan Watson
Inside Sales
JCI Industries, Inc.
Jason Rector
Sales Engineer
JCI Industries, Inc.
C
Quote #: 0684192951TW-REV001
1.00 Repair of KSB KRTK250.40/606XNGS Pump
The following work will be completed:
1. Clean, disassemble and inspect
2. Replace the following parts:
- Gaskets
- O -Rings
- Mechanical Seals
- Bearings
- Power Cable
- Control Cable
3. Assemble, pressure test and paint
JCI Industries, Inc.
2301 W. 20th Street
Joplin, MO 64804
Tel: 417-623-4544
Friday, September 21, 2018
$14,570.00
Terms & Conditions
Lead Time 6 Weeks After
Receiving Order
Payment Terms Net 30
Shipping Method Best Way
Shipping Terms Prepaid and Added to Invoice
F.O.B. Warehouse
This Quotation is valid for 30 days.
c
JCI Industries, Inc.
2301 W. 20th Street
Joplin, MO 64804
Tel: 417-623-4544
1. Aonf oblia]'e= These terms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred
to in Seller's purchase order, quotation, proposal or acknowledgment, as the case may be ("Seller's Documentation"), 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
or different terms in any of Buyer's forms or documents.
2, Payment Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation provides
otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment shall be paid by Buyer- If Seller is
required to pay any such charges, Buyer shall immediately reimburse Seller, All payments are due within 30 days after receipt of invoice. Buyer shall
be charged the lower of 1 Y2% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's
reasonable costs (including attorneys' fees) of collecting amounts due but unpaid.
3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation.
4. Ownership of AMatenaK All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other
documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property, Seller grants
Buyer a non-exclusive, non -transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such
material to third parties without Seller's prior written consent.
5. Chanees_ Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in
writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a
change in applicable law occurring after the effective date of any contract including these terms.
6, Warranty. Subject to the following sentence, Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's
Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is
specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent
assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under warranty, tort or any other legal theory, If Buyer
gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance, whichever occurs first (the
"Warranty Period"), Seller shall, at its sole option and as Buyer's sole remedy, repair or replace the subject parts or refund the purchase price
therefor, If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for
any repair or replacement made by Seller, Seller's warranty is conditioned on Buyer's (a) operating and maintaining the Equipment in accordance
with Seller's instructions, (b) not making any unauthorized repair$ or alterations, and (c) not being in default of any payment obligation to Seller.
Seller's warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Seller),
THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECTTO SECTION 10 BELOW, SELLER
MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR PURPOSE,
7, Indemnidy. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of
third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence, Seller shall have the sole
authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the Warranty
Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim,
8, Fgr[e Majeure. Neither Seller nor Buyer shall have any liability for any breach (except for breach of payment obligations) caused by extreme
weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal
sources of supply, act of government or any other cause beyond such party's reasonable control,
9. [gftCg1jUQn, If Buyer cancels or suspends its order for any reason other than Seller's breach, Buyer shall promptly pay Seller for work
performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension.
10. LlMiTATEON C]FLIABlLIM NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM THE SALE OR USE OF
THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT, THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS
BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY,
11- miscellaoet7tis_ If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition
regulations that are required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed
by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms
contained in Buyer's documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written
document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the
Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms
shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent The
Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
12. Credit Approval: If at any time information available on Purchaser's financial condition or credit history, in JCI's judgment, does notjustify the
terms of payment specified herein, JCI may require full or partial payment in advance, or an acceptable for of payment guarantee such as a bank
letter of credit, or other modifications to terms of payment.
Backcharges: JCI shall not be liable for any charges incurred by Purchaser for work, repairs, replacements or alterations to the Products, without JCI's
prior written authorization, and any adverse consequences resulting from such unauthorized work shall be Purchaser's full responsibility,
Tim Nyander
Submitted By
THIS IS THE OLD PACKET
SEE REVISED PACKET
City of Fayetteville Staff Review Form
2018-0506
Legistar File ID
10/2/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/12/2018 WASTEWATER TREATMENT (730)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approving the repair of a wastewater pump used at the Gregg Street Sewer Lift Station by JCI
Industries, Inc. in the amount of $19,287.00 plus applicable taxes of $1,880.49 for a total of $21,167.49.
Budget Impact:
5400.730.5800-5414.00 Water and Sewer
Account Number
02068.1
Fund
Upgrade/Replace Lift Stations - WWTP
Project Number Project Title
Budgeted Item? Yes Current Budget $ 330,985.00
Funds Obligated $ 260,656.66
Current Balance
Does item have a cost? Yes Item Cost $ 21,167.49
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget ! 49,160.85
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
THIS IS THE OLD PACKET
SEE REVISED PACKET
CITY OF
FAYETTEVILLE
WAN ARKANSAS
MEETING OF OCTOBER 2, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: September 12, 2018
CITY COUNCIL MEMO
SUBJECT: Gregg Street Sewer Lift Station Pump Rebuild — JCI Industries, Inc.
RECOMMENDATION:
Staff recommends approving the repair of a wastewater pump used at the Gregg Street Sewer
Lift Station by JCI Industries, Inc. in the amount of $19,287.00 plus applicable taxes.
BACKGROUND:
The Gregg Ave Lift Station is the largest single wastewater lift -station that feeds into the
Hamestring Lift Station. Hamestring delivers over 85% of the average 7+ MGD of wastewater
influent to the West Side WRRF. A predictive maintenance schedule was initiated in
2012, where the station's four submersible pumps are systematically pulled for inspection and
repairs. Completing repairs to this final pump will represent the close of Lift -station #05's most
recent predictive -repair cycle.
DISCUSSION:
The final 80 HP KSB pumps was recently removed and shipped to JCI Industries, Inc. in Joplin,
MO for disassembly and repair inspection. The pump was found to be in need of a routine
rebuild including some minor machine work, as expected for a ten -year-old pump.
Because it was necessary to have the repair facility disassemble and inspect the unit to
determine the extent of hidden and unknown damage to equipment already purchased, a bid
waiver and/or formal sealed bidding is not necessary according to Arkansas Procurement Law
R6:19-11-203, Subsection 14 (EE) "hidden or unknown damages."
BUDGET/STAFF IMPACT:
Funds are available in the Wastewater Treatment Plant CIP — Upgrade/Replace Lift Stations
project.
Attachments:
Quote from JCI Industries, Inc.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
THIS IS THE OLD PACKET
SEE REVISED PACKET
CH2M Hill OMI
1400 North Fox Hunter Road
Fayetteville, AR 72701
Phone: 620-255-4200
Fax:
Attention: JD Turley
Subject: KSB 58 HP Budgetary Repair
Quotation #: 0684192951TW
Please refer to this number when ordering
JD Turley:
JCI Industries, Inc.
2301 W. 20th Street
Joplin, MO 64804
Tel: 417-623-4544
Thursday, September 06, 2018
We are pleased to respond to your request for quotation with the following items. Please reference
our quotation number on all related correspondence. If you have any questions or need additional
information please give Jason Rector or myself a call.
Best regards,
Tristan Watson
Inside Sales
JCI Industries, Inc.
Jason Rector
Sales Engineer
JCI Industries, Inc.
Quote #: 0684192951TW
1.00
THIS IS THE OLD PACKET
SEE REVISED PACKET
Budgetary Repair of KSB KRTK250.40/606XNGS
Pump
The following work will be completed:
1. Clean, disassemble and inspect
2. Replace the following parts:
- Gaskets
- O -Rings
- Mechanical Seals
- Shaft Sleeve
- Bearings
3. Assemble, pressure test and paint
T.
Lead Time 6 Weeks After
Receiving Order
JCI Industries, Inc.
2301 W. 20th Street
Joplin, MO'64804
Tel: 417-623-4544
Thursday, September 06, 2018
1 $19,287.00
Payment Terms Net 30
Shipping Method Best Way I Shipping Terms Prepaid and Added to Invoice I
F.O.B. Warehouse I This Quotation is valid for 30 days.
THIS IS THE OLD PACKET
SEE REVISED PACKET
JCI Industries, Inc.
2301 W. 20th Street
Joplin, MO 64804
Tel: 417-623-4544
1. ApgJhC blETea1J& These terms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred
to in Seller's purchase order, quotation, proposal or acknowledgment, as the case may be ("Seller's Documentation"), 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
or different terms in any of Buyer's forms or documents.
2. Payment, Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation provides
otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is
required to pay any such charges, Buyer shall immediately reimburse Seller. All payments are due within 30 days after receipt of invoice, Buyer shall
be charged the lower of 1 '/2% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's
reasonable costs (including attorneys' fees) of collecting amounts due but unpaid.
3_ Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation,
4. OwrserShip pfMaterials-All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other
documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants
Buyer a non-exclusive, non -transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such
material to third parties without Seller's prior written consent.
5. LbanU Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in
writing to the details of the change and any resulting price, schedule or other contractual modifications This includes any changes necessitated by a
change in applicable law occurring after the effective date of any contract including these terms.
6. Warranty. Subject to the following sentence, Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's
Documentation and shall be free from defects in material and workmanship, The foregoing warranty shall not apply to any Equipment that is
specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent
assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under warranty, tort or any other legal theory. If Buyer
gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance, whichever occurs first (the
"Warranty Period"), Seller shall, at its sole option and as Buyer's sole remedy, repair or replace the subject parts or refund the purchase price
therefor, If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for
any repair or replacement made by Seller, Seller's warranty is conditioned on Buyer's (a) operating and maintaining the Equipment in accordance
with Seller's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Seller.
Seller's warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Seller).
THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 10 BELOW. SELLER
MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR PURPOSE.
7. Indemnlrv. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of
third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence, Seller shall have the sole
authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the Warranty
Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim.
8. Porte Maidure.. Neither Seller nor Buyer shall have any liability for any breach (except for breach of payment obligations) caused by extreme
weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal
sources of supply, act of government or any other cause beyond such party's reasonable control -
9. Canrell t� ion If Buyer cancels or suspends its order for any reason other than Seller's breach, Buyer shall promptly pay Seller for work
performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension.
10. LUnTION! OP LIalLITV_ NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM THE SALE OR USE OF
THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT, THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS
BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
11. Miscefianeous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition
regulations that are required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed
by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms
contained in Buyer's documents, unless separately signed by Seller, No part of the Agreement may be changed or cancelled except by a written
document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the
Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms
shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent, The
Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
12. Credit Approval: If at any time information available on Purchaser's financial condition or credit history, in ICI's judgment, does not justify the
terms of payment specified herein, JCI may require full or partial payment in advance, or an acceptable for of payment guarantee such as a bank
letter of credit, or other modifications to terms of payment,
Backcharges: JCI shall not be liable for any charges incurred by Purchaser for work, repairs, replacements or alterations to the Products, withoutJCl's
prior written authorization, and any adverse consequences resulting from such unauthorized work shall be Purchaser's full responsibility.
RECEIVED
Nov 0 6 2018
NORTHWEST ARKANSAS �C;n OF OFFICE
Demomt - Oazctte�
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
f
CITY OF FAYETTEVILLE
Ord. 6098
Was inserted in the Regular Edition on:
October 10, 2018
Publication Charges: $ 89.70
Loa- /,t j",
Cathy Wiles
Subscribed and sworn to before me
This 31 day of Dc. , 2018.
J a�w /2 t t L T,ry PAY RUSHER
Nary uhlic -Ark:ansas
!'!:i iN Gtcn County
Notary Public tk, Cctnn,i«on;�'12703120
V,; Ccriirirsicn Expires Feb 12. 2028
My Commission Expires: 7-/1Z1 z 'p -
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Oidinancc:6098
File Nombcr: 2018-0506
.ICI INDUSTRIES, INC .
AN ORDINANCE TO WAIVE COMPETITIVE
BIDDING AND ACCE=PT A RE=PAIR QUOTE
Or 514,570.00 PLUS APPLICABLE TAXES
FROM .ICI INDUSTRIES, INC. TO REPAIR A
WASTEWATER PUMP USED AT THE
GREGG STREET SEWER LIFT STATION
WHEREAS, the Gregg Street Lilt Station's four
submersible pumps are systematically pulled 1'or
inspeclion and repairs; and
WHEREAS, the vendor was required to lake
apart and inspect the pump for damage and has
determined Thal it IS in need ofa rooline rebuild
and minor machine work which can be done at a
cost ol'S15,990.58, including sales tax; and
WHEREAS, formal competitive bidding is not
necessary for the repair of "hidden or unknown
damages."
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: Thal the City Council of the City of
Fayetteville, Arkansas hereby determines Ihal
because of Arkansas Procurement Law R6:19-
11-203, subseclion 14 (EE): repair of "hidden or
unknown damages" the repair of the wastewater
pump does not require formal compctilive
bidding and, therefore, waives competitive
bidding and accepts the repair quole from JCI
Industries, Inc, in the amount ors 14,570.00 plus
applicable sales tax and authorizes the payment
of dial amount.
PASSED and APPROVED on 10/2/2018
Approved: Attest:
Lioncld Jordan, Mayor
Sondra E. Smith, City Clerk Treasurer
74706036