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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