HomeMy WebLinkAbout66-19 RESOLUTION� f►rFl;
I- r
Y�-
ygA�NS�-
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 66-19
File Number: 2019-0148
GRAYBAR ELECTRIC COMPANY, INC.:
A RESOLUTION TO APPROVE THE PURCHASE OF SIX (6) CRITICAL SPARE CIRCUIT
BREAKERS FOR THE WEST SIDE WASTEWATER TREATMENT FACILITY FROM
GRAYBAR ELECTRIC COMPANY, INC. IN THE AMOUNT OF $57,725.00 PLUS
APPLICABLE TAXES, PURSUANT TO A U.S. COMMUNITIES NATIONAL
COOPERATIVE PURCHASING PROGRAM CONTRACT, AND TO APPROVE A
BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the
purchase of six
(6) critical spare circuit breakers for the West Side Wastewater Treatment Facility from
Graybar Electric Company, Inc. in the amount of $57,725.00 plus applicable taxes, pursuant
to a U.S. Communities National Cooperative Purchasing Program contract.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 3/19/2019
Approved:
Attest:
Sondra�:'!Ah; aE 'r rk Treasurer
Fq
Page 1 �; �•�' fj r"+ ��+ Printed on 3120119
rf����1111111111111'`Y`
City of Fayetteville, Arkansas 113 West Mountain Street
r Fayetteville, AR 72701
(479) 575-8323
*. Text File
File Number: 2019-0148
Agenda Date: 3/19/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 2
GRAYBAR ELECTRIC COMPANY, INC.:
A RESOLUTION TO APPROVE THE PURCHASE OF SIX (6) CRITICAL SPARE CIRCUIT
BREAKERS FOR THE WEST SIDE WASTEWATER TREATMENT FACILITY FROM GRAYBAR
ELECTRIC COMPANY, INC. IN THE AMOUNT OF $57,725.00 PLUS APPLICABLE TAXES,
PURSUANT TO A U.S. COMMUNITIES NATIONAL COOPERATIVE PURCHASING PROGRAM
CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of six (6)
critical spare circuit breakers for the West Side Wastewater Treatment Facility from Graybar Electric
Company, Inc. in the amount of $57,725.00 plus applicable taxes, pursuant to a U.S. Communities National
Cooperative Purchasing Program contract.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 312012019
Newly Revised for Final Agenda
City of Fayetteville Staff Review Form
2019-0148
Legistar File ID
3/19/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Greg Weeks 3/1/2019 WASTEWATER TREATMENT (730)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends a bid waiver with Graybar Electric Company, Inc. to authorize the purchase of spare breakers and
motor control centers in the amount of $57,725.00 plus estimated applicable taxes of $5,628.19 for a total of
$63,353.19 and approval of a budget adjustment.
Budget Impact:
5400.730.5800-5414.00
Water/ Sewer
Account Number
Fund
02069.1
Plant Pumps and Equipment
- WWTP
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$
626,301.30
Funds Obligated
$
609,205.76
Current Balance
Does item have a cost? Yes
Item Cost
$
63,353.19
Budget Adjustment Attached? Yes
Budget Adjustment
$
63,353.00
Remaining Budget
17,095.35
V20180321
Purchase Order Number:
Previous Ordinance or Resolution #
Change Order Number:
Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 19, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
Tim Nyander, Utilities Director
FROM: Greg Weeks, Wastewater Treatment
DATE: March 1, 2019
CITY COUNCIL MEMO
SUBJECT: Approval of the purchase of six (6) circuit breakers from Graybar Electric
Company, Inc. as critical spares for the West Side Treatment Facility.
RECOMMENDATION:
Staff recommends purchase of six (6) critical spare breakers for the West Side Treatment
Facility from Graybar Electric Company, Inc. in the amount of $57,725.00 plus applicable taxes.
BACKGROUND:
In 2017, the Water & Sewer Utility initiated a comprehensive electrical -system assessment of
the city's two wastewater treatment plants and collection system lift -stations. The evaluation,
performed by engineering firm Allgeier, Martin and Associates, Inc., identified points of criticality
and provided several recommendations for ensuring continuation of treatment plant operations.
A specific recommendation included keeping certain critical spare breakers on -hand in the case
of sudden failure. These breakers were identified as being heavily relied upon for operating
multiple treatment processes, and they are not readily available having order lead times of 4-6
weeks.
DISCUSSION:
Staff recommends purchase of six (6) Square D brand (by Schneider Electric) breakers as
critical spares for the West Side treatment facility. The breakers include one of each - 400A,
500A, 600A, 800A, 2000A and 2500A. The Square D brand breakers will ensure compatibility
with existing Motor Control Centers (MCC) and can be used at multiple locations in the case of
sudden breaker failure. Three quotes were submitted by local suppliers; Graybar Electric
submitted the lowest quote in the amount of $57,725.00 plus applicable taxes. Graybar is an
authorized distributor of Schneider Electric products. This proposal is eligible for purchase
through the US Communities Contract.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
Funds are available in the Wastewater Treatment Plant - Plant Pumps and Equipment project.
Attachments:
Graybar Electric Quote
Schneider Electric Terms and Conditions
e
Grayba.R.,
516A EAST ROBINSON
SPRINGDALE AR 72764-7132
Phone: 479-872-3400
Fax: 479-872-6680
To:
CITY OF FAYETTEVILLE Date:
02/28/2019
Attn; Brad Fulmer Proj Name:
SQD SERVICES PROPOSAL
113 WEST MOUNTAIN GB Quote #:
0232172168
FAYETTEVILLE AR 72701 Release Nbr:
SQD SERVICES PROPOSAL
Attn:
CITY OF FAYETTEVILLE Purchase Order Nbr:
SQD SERVICES PROPOSAL
Phone:
479-521-7700 Additional Ref#
Fax:
479-575-8250
Valid From:
02/28/2019
Email:
douglas.tomlinson@graybar.com
Valid To:
03/30/2019
Contact:
Douglas Tomlinson
Email:
douglas.tomlinson@graybar.com
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
Notes:
THIS PROPOSAL IS ELIGIBLE FOR PURCHASE THROUGH US COMMUNITIES CONTRACT NUMBER
EV2370 WITH GRAYBAR ELECTRIC AND MUST BE PURCHASED
BY A US COMMUNITIES
REGISTERED PARTNER (I.E. CITY OF FAYETTEVILLE). NO OTHER AGENCY MAY PURCHASE THIS
PROPOSAL AMOUNT ON BEHALF OF THE CITY OF FAYETTEVILLE.
Item
Item/Type Quantity Supplier Catalog Nbr Descriotion
Price Unit Ext.Price
100
1 EA SQUARE D CO. LOT PER
$57,725.00 1 $57,725.00
ATTACHED SE
PROPOSAL
Total in USD (Tax not included): $57,725.00
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval) For more information call 1-800-241-7408
to speak with a leasing specialist
To learn more about Graybar, visit our website at www.graybar.com 24 -Hour Emergency Phone#: 1-800-GRAYBAR
Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,freight terms are F.O.B. shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
z
0
Gravitmr:
b Mil Z'
.fir 7
A
I
i
Seb-neid er
r
sto yourene VElectric'
9KAA -
FD -1 SQUARE M
Schneider Electric Services Negotiation
1650 West Crosby Rd
Carrollton, TX 75006
+Company Graybar
Attention Ooua Tomlinson
ect ICity of Fayetteville — Spare NW Breakers
Schneider the global specialist
VE I e c t r! c in energy management
..............
02-21-2019
on # EF18_205_Graybar—Marr_Spare_2000A—and_2500A_Rev2
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 the following items:
• 1 each WL3FFR44A9SXXXXXX — 2000A NW Breaker
• 1 each WL3GFR44A9SXXXXXX — 2500A NW Breaker
• 1 each 800A breaker in Model 6 MCC bucket
• 1 each 600A breaker in Model 6 MCC bucket
G 1 each 500A breaker in Model 6 MCC bucket
• 1 each 400A breaker in Model 6 MCC bucket
Delivery
°'4-6 weeks out`
Qualifications
• Price quoted does not include any state, federal, or local taxes
• If tax exempt, exempt certificate must accompany purchase order
• Parts will not ship until after a Purchase Order has been received.
• Payment is due upon receipt of invoice.
Schneider theglobal specialist
Schneider Electric Services Negotiation V E l e c t r i c in energy management
Payment Schedule
All invoices are net 30 days.
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:
eric.foster.uspschneider-electric.com
Attention: Eric Foster
Reference: EF18_205_Graybar_Marr Spare_2000A_and_2500A_Rev2
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.
To CITY OF FAYETTEVILLE Date: 02/28/2019
Attn; Brad Fulmer Pri Name: SQD SERVICES PROPOSAL
113 WEST MOUNTAIN GB Quote #: 0232172168
FAYETTEVILLE AR 72701
Attn CITY OF FAYETTEVILLE
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
TERMS AND�ITIONOS OF SALE C.
I. ACI,' TTANCE OF ORDER TERM INAT7'€ON • AcccMalgc of any order is snhjt� t to cred{l agroyal and ,Hkrptance of order by Graybar Electric Company, Inc. {' • r") and, when applicable. Gmybar s suppliers,
if crcdn'df Tire buyer of the goods ("Buyer') brvomcs urzplis IIlCrory to Graybar, O y lar resrry I me nght to I"iilale upon notice to Bttycr and without liabilityto Gw•
2. PRICES AND SHIPMENTS - Unlcss otherwise quoted, prices shall be those in effect at time of shipment, which shall be made F.0 -B, shipping poio6 prepaid and bill.
3. RETURN OF GOODS - Credit may be allowed for goods returned with prior approval. A deduction may be mode from credits issued to cover cost of handling
4. TAXES - Prices tdrm'n do nu tnehtde saias ug�p1her taxes imposed oilt)tr: Yale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse Gmybar
for any such tax or pmv�de Gray r with acceptahlc tax exemption cenif ap}Ile,
5. DELAY IN DI�LIVERY - Grpybpr is not to be accountable for delays in delivery occasioned by nets ofGod. failure of its suppliers to al�pp or deliver on time, or other circumstances beyond Graybar,s reasonable
control. Factory a upmem or delivery dates are the best estimates of our suppliers, and in no case shall Graybar be liable f'or any consegtgplf a or special damages arising fmm any delay in shipment or delivery.
Pi10T CINEARifi[ C I RI iN A PAhTi&NT CAt Iit3 Bi trlrtENTAiNlEC3�17TALL'I']isIE..5 )'ICATIpN.1V}I(t 1'IiE OOt]bS HAVE Pe]'rFal'I'hAt: Fi]R U1RirL'i" PA'r1L•NT C'U1VTe�CT [7R WHERE A SDC f61
7: LIMTfATU)N pF LIABILITY - (rpyr['s etjJcni u der [his JTCCj tent are pubjcct litany lWT.Ltions contained. in mood bl.wivr's tprnts nrnlY�rl}diliopr }u Opyy�Iar a copy of which will be lumished�tlp�tp written
t�te I[a��L Fnnhemhnrc Ciraylmar a bab164y_t pal m irrtuted lu either telIer, or or repl%vlilenl ul'ihe [claps or rotund nt the porch se pntr, all at Gmyhar n rgrtrml, at}q lir Nb CASE SHALL GRAYBAR 13ELIAllLE FOR
fN IDEN'PA E.,SPEt:EAL. OR C[1NS• IALDA IAGES.[h addilion,v mis Cor; ales. other than iu5>in iratLw 1, tio4t be nmde in Wrningnolmon:lh •to five (5) days after receipt ofshipment.
8, WAIVER -The failure of Graybar to insist upon the performance of any of the terms or condidnns of this agreement or to exercise any right hereunder shall nor be deemed lobe a waiver of such terms, conditions, or
rights in [he future, nor shall it be deemed to be a waiver of any other Ictm, condition, or right urnwr chis ngrcement.
9. MO.pIFIEJITION OF TF)Ih}S AN C01VD1TlON5-Timgso IcrmY and culld iiutYs supersede al Diller cptntllunicunnns, negotic(ions, and M.ioF ural or w7ittrn sut,Iemr»u;reganhug Ilse xnhjcci m. a nrllm.. rcm)n am
or pC[Iotman?,r nnIJLTSiallLriflj' t+I J[lJatit}meni, pGrprVl'rmk [n nlnall V, Y:Iry CxplJIII, Ur r,11pI11a'aHI]1t inpse lerair noir rat 11 uirronx soon nc of u1nR
pr�pus �m�mt I teal u115 or a[dlrrllinin4.r Ion rs o jrrc fically rr}cc[CU tiyvirow a nudmal nlemlimY$ereul. ]f dos [ meal shall kc cea[cd an
Irani upon B114% asrnl to petty a filul !rl or ttti IFI nelmt Icon. sel Io0i lterem.
10. REELS - Wlion Graybar ships returnable reels, a reel deposit may be included in the invoice" The Buyer should contact the nearest Graybar service local ion to retum reels.
I i. C'F.Rx``F1 :ATI(}N -Grater hneby . niTes Thal t esa j;lmds w'nc dart in qumplialtre with all appl i.abla rrl�Iiir;irrenfkuf Srciuns A. nd 12 ut'thr.Fairl.rabor StvuF try Act, us It ended, and ol'[e •ellntitms and
Rtxirrx nl the tlnilcd Sunen t7cp.'ptn ctmi ut t uetljluntfur Semi' 14 Ihrreot� This nffL: rent is anbject to Lxelutil'c Grticr I 1 -in, ;is, :ypert1 ,the RclmybiliiutiiI5 Act of I-V . 7mer 'eed�,f the V01nam Ve cruris'
ent]uslnipnt Asfistuirar Ac! ut E9�d ni ai eta E.[7 I744h, :y C"FR P:ul47t, Appurs kx ftto Saipan A.aadthecorrenpuntling regulantlnx: W the rxrcnt rr{tulrcll by law.;! i' (�i]-j,4; (r0-741.5, and frl9.250.5 are
licnrpnrutcd heroin by mreirtw'e, Io Ilii extall ICg41ly m6irnl.
12 FOREIGN 1'C)RtCUp PRACTICES ACf - Buy shall corr�ly u;ith gpplltahip Ipw and YeahtLiium rt'laiill to pall -col' T r'mt, includin •, Witham linmitnlinn. (� the itp Ictl5unc7 Fnrc1 •n Cruiypi Pr r(icn Art
g$$7Nd i.a es. sc.7 rm`spctitire uthe pin a ut pe�orrnnnre and p] �rtws turd rcgninuun. inmaemcnl n!.• Imre llrFunization rnr Lrnnitmic C'uuper;aron and �evelcpmetti's t:mwenrynn pn C.omhph�g
13rihen' uFFure]gga fru�hl le fete hlb [n ]mernanu lull i3tl�?'neva Mm:lel[unu. the �l.N.14 onvcnliun Ayl+din[ [:ut•rtlpliun. a,, the Toler-elmericon Convc inion Agaii I 5 Curmpliun hs iiuyers"an," or any countrywlmc[t
Itrelim[inomr ul'Ihis agrerrihcm tri- defivrry of goadx wt accur.
13. ASSIGNMENT - Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Graybar, and any such assignment, without such consent, shall be void.
14" GENERAL PROVISIONS - All typpgmphicill us c€eA c :i,de y Grlrybar-it�Almy. Iphafian, rickpnw lcrlgmtrnl err pub]ichthin erre sullljim (o correrlion. This p rill shat) be rMm by the, lawv. of the .hate of
Mi.wrnn ap rhe.rjrka lµ cuprrartn het Ire Ct�mLgd.ppd iuliy p krtthed x•rriiin .,,,dc'
Sleto L,ITwllhorrr ivi rg effort In ho.r +u{ rc or.c:irn111cM of lniv pruvW61% die .trF/t11 airs mixing imm ur c'aeu hag Ijmie agrcenipnt
hhull be flrtii h tiro V"' nu Cuutt a( Sl" I,nurr Cu3m[v� A.1 ti, or dtc UnF1sd Slaps Shsmr.3 Cuurr fur r�e 1'�tprn ilislrlu uty iirssaun, anti iu+ ulllcy place unlns m fwpr 1prutincJ m Gny'hnrs salt dmacrrl Y. BLLyrr
ereby irrevucahly conseuls to Ihepmndtepon of nut• court or votust and agree• Ill npfhiv fn any suds wliun Iijk7an wrinen wilier Ilscrc cot'.
15. PAYMENT TERMS - Payment terms shall be as stated on Graybar's invoice oras at l%ise,mutually agreed. As a enpdiliun ul'the sales al;.teemen4 a mualhly service charge of the lesser of 1-1/2% or the maximum
permitted by law nary be added to all rtccuunis nal paid by net due date. Visa, MasterCil American Express, and Dlscavor mail cards arc accepted at point a purchase only.
1 G. EN, MIpTINC - 11 nckmuvl . ,that t ns u�r ptu! iqr prrli+rmmec thercol' yl•el.pb�rl la vompliarkme with :Wry ant} all a ionic JJiJaSLmtrs Inws, m9lib[ions, or orrl�rs BuyeC airs fU [uutply w�' A. all such
Iowa, regubt lul'tWt� rttLdanyl'C�en, Inclut t�, If plrp{ icable, pli r•'tp[Irctimyntr of the Intrmaunnq] TrpIFic in Amu Rrgu i�Iiun.:mtNtr h Exix rt Adminritnrion Ael. ns cloy be amended ITTuy�r Rviher n x�.•� ilia{ if the export
Inw•s air li knbla, t[ will nal duel3 cv "%porIpnp}' IechlIpU4 t1'�tu tC¢en'ia1 andel' 1juR ogler to env eounIrna ulr%pxhie•li lllr �iled .timers y;n+ mrnl Jegmrrn on export licegW orullter supperYkIrg docatneatn lion at the
Ihnr of px R nr Imnxfrr, WHIRS RLL r hpr ohlaanc elm' wTHlen atnhurizhlian from ate Un !ed 51aId> 013ice u!' • un ontnd err ntia ant are .ice wftmbic lire well manors.
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist
To learn more about Graybar, visit our website at www.graybar.com 24 -Hour Emergency Phone#: 1-800-GRAYBAR
Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,freight terms are F.O.B. shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 2 of 2
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, orj) 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 modifications of any of the terms and conditions of
supply and performance shall be binding upon SEUSA unless
specifically accepted by SEUSA in writing. Change requests will
be resolved and recorded on a Change Order signed by both
parties prior to implementation.
Rev. Jan -2010
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division WASTEWATER TREATMENT (730) Adjustment Number
2019 /Org2
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A Budget Adjustment is needed in the Plant Pumps and Equipment - WWTP for the purchase of spare breakers and
motor control centers at the Noland Wastewater Treatment plant. Budgeted funds from the Sanitary Sewer
Rehabilitation project need to be moved to cover the purchase of these items.
COUNCIL DATE:
LEGISTAR FILE ID#:
3/19/2019
2019-0148
L i1k H utch~
3/11/2019 1:41 PM
H:\Budget Adjustments\2019_Budget\City Council\03-19-2019\2019-0148 BA Graybar-Critical Spare Breakers
Weis
Budget Director Date
TYPE:
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE
CHKD/POSTED:
v.20190115
TOTAL
- -
Increase 1 (Decrease)
Project.Sub#
Account Number
Expense Revenue
Project Sub.Detl AT
Account Name
5400.730.5800-5414.00
63,353
02069 1 EX
Plant Equipment Maintenance - Plant EqL
5400.720.5700-5815.00
(63,353)
02017 1 EX
Sewer Improvements - Sewer Im roveme
H:\Budget Adjustments\2019_Budget\City Council\03-19-2019\2019-0148 BA Graybar-Critical Spare Breakers
Weis
Greg Weeks
City of Fayetteville Staff Review Form
2019-0148
Legistar File ID
3/19/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/1/2019 WASTEWATER TREATMENT (730)
Submitted By Submitted Date Division / Department
Action Recomm dation:
Staff recommends a bid waiver with Graybar Electric Compry, Inc. to authorize the purchase of spare breakers and
motor control centers in the amount of $57,725.00 plus estimated applicable taxes of $5,628.19 for a total of
$63,353.19.
rBudget Impact:
5400.730.5800-5414.00
Water/ Sewer
Account Number
Fund
02069.1
Plant Pumps and Equipment-
WWTP
Project Number
Project Title
Budgeted I ? Yes
Current Budget
$
785,080.00
Funds�bligated
$
359,033.55
Current alance
L—
42
Does item have a cost? Yes
Item ost
$
63,353.19
Budget Adjustment Attached? No
Budget Adjustment
$
-
Remaining Bud. -
el -Purchase Order Number:
Previous Ordinance or Resolution #
Change Order Number:
Approval Date:
Original Contract Number:
Comments: