The URL can be used to link to this page

Home My WebLink About99-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 99-19 File Number: 2019-0211 JCI INDUSTRIES, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF A REPLACEMENT SECONDARY CLARIFIER SCUM PUMP FROM JCI INDUSTRIES, INC. IN THE AMOUNT OF $20,707.00 PLUS APPLICABLE TAXES FOR USE AT THE NOLAND WASTEWATER TREATMENT FACILITY, AND 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 authorizes the purchase of a replacement secondary clarifier scum pump in the amount of $20,707.00 (plus any applicable taxes) from JCI Industries, Inc. for use at the Noland Wastewater Treatment Facility. 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 51712019 Page 1 fill, I '# EV!LI-E:- sit% Printed on 518119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File Fite Number: 2019-0211 Agenda Date: 5/7/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 JCI INDUSTRIES, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF A REPLACEMENT SECONDARY CLARIFIER SCUM PUMP FROM JCI INDUSTRIES, INC. IN THE AMOUNT OF $20,707.00 PLUS APPLICABLE TAXES FOR USE AT THE NOLAND WASTEWATER TREATMENT FACILITY, 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 authorizes the purchase of a replacement secondary clarifier scum pump in the amount of $20,707.00 (plus any applicable taxes) from JCI Industries, Inc. for use at the Noland Wastewater Treatment Facility. 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 5/8/2099 m City ofFayetteville Staff Review Form 2019-0211 LeQistarFile |0 ' 5/7/2019 City Council Meeting Date ' Agenda Item Only N/A for Non -Agenda Item ThnNyander 3/28/2019 WASTEWATER TREATMENT (73O) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a replacement secondary clarifier scum pump from JCI Industries, Inc. for the Paul R. Noland WWTP in the amount of $20,707.00 plus applicable taxes, and approval of a budget adjustment. 5400J305800-5801.00 Account Number 02069.1 Project Number Budgeted Item? Yes Does item have acost? Yes Budget Adjustment Attached? Yes Budget Impact: Water and Sewer Plant Pumps and Equipment 'VVVVTP Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 660,876.00 $ 657862.35 $ 22,725.94 $ 221726.00 Purchase Order Number: Previous Ordinance o,Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Taxes are estimated at $2,018.94 for a total of $22,725.94. CITY OF FAYETTEVILLE `%17r ARKANSAS MEETING OF MAY 7, 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 28, 2019 [44 111 AviKeyellu SUBJECT: JCI Industries, Inc. — Replacement Clarifier Scum Pump for Noland Facility RECOMMENDATION: Staff recommends the approval of the purchase of a replacement secondary clarifier scum pump from JCI Industries, Inc. for the Paul R. Noland WWTP in the amount of $20,707.00 plus applicable taxes. BACKGROUND: The Noland Treatment Facility utilizes a series of four secondary clarifiers to remove floating scum and settleable solids following the biological treatment process and prior to sand -bed filtration. The removed scum and floating solids are pumped to the beginning of the treatment process for re -treatment. Normal flow conditions don't demand daily operation of all secondary clarifiers, but certain high flow events, e.g. following large storms, can call for all clarifiers being brought online. Replacement of the failed scum pump will ensure the availability of all, fully functional secondary clarifiers as needed. DISCUSSION: Recent inspections of a failed scum pump found the extent of normal wear damage extensive enough that full pump replacement is recommended over overhaul rebuild. JCI Industries, Inc out of Rogers, AR recently submitted a low bid of $20,707.00 for replacement of the Tuthill - brand scum pump for the facility's secondary clarifier No. 4. J.R. Stewart Pump & Equipment, Inc. responded with the next highest bid while Jack Tyler Engineering also submitted a no bid response. Staff recommends purchase of the replacement scum pump for $20,707.00 plus applicable taxes. BUDGET/STAFF IMPACT: A budget adjustment from capital project No.11010 Irrigation Reels - VW TP will be necessary to fund this pump replacement. The budgeted funds being transferred is cost savings left over after completing the Irrigation Reels project. Attachments: Quotes Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, Ail 72701 Fno ci4 F�70Z 7) CH2M Hill OMI 1400 North Fox Hunter Road Fayetteville, AR 72701 Phone: 479-443-3292 Fax: 479-443-5613 Attention: Troy Ashby Subject: Tuthill Pump Quotation #: 0699309635TW Please refer to this number when ordering Troy Ashby: JCI Industries, Inc. 2301 W. 20th Street Joplin, MO 64804 Tel: 417-623-4544 Thursday, February 28, 2019 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. 40 §"1000J_7q::i JCI Industries, Inc. 2301 W. 20th Street Joplin, MO 64804 KIM Tel: 417-623-4544 1. Applicable Terms. 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 Materials. 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.hC anees. 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"), Seiler 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. Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third parry 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. Force 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. Cancellation. if Buyer cancels or suspends its order for any reason other than Seller's breach, Buyer shall promptly pay Seiler 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. LIMITATION OF LIABILITY, 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. Miscellaneous. 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 maybe 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 assignor 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 anytime information available on Purchaser's financial condition or credit history, in JCI'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, without JCI's prior written authorization, and any adverse consequences resulting from such unauthorized work shall be Purchaser's full responsibility. J.R. Stewart Pump & Equipment, Inc. 313 South Second Street PO Box 234 (t) K West Memphis, AR 72303 Phone (870) 735-2484 Fax (870) 735-0765 Troy Ashby Jacobs Fayetteville AR Subject: Price for new TUTHILL Pump 1. Tuthill Pump model HD6001GIPCOBOBAOOO Replacement Equivalent to Reference Tuthill Blower assembly #600-D.1 This unit could be rebuilt, but it would be rebuilt by Tuthill can get price if would like Total Price for $26,598.99 Delivery 8 to 12 Weeks Terms N/C-30 days, subject to credit approval. Taxes, Freight Not Included Sincerely Patrick Huhgey 2-27-2019 From: Cory Gray <c_qrav(a-)6tenq.com> Sent: Wednesday, March 6, 2019 2:22 PM To: Ashby, Troy/FAY <Trov.Ashbv(a-)iacobs.com> Cc: 'Scott Jones' <scott(a-)*tenq.com> Subject: [EXTERNAL) Scum Pump Troy, Unfortunately we would not be able to quote this pump. Thank you for checking though! Thank You, Cory Gray Inside Sales Leader Jack Tyler Engineering, Inc. 6112 Patterson Rd. Little Rock, AR 72209 Office: 501-562-2296 Fax: 501-562-4273 www.JackTVierEngineering.com V0, . sa� "m � k, , City qfFayetteville, Arkansas - Budget Adjustment Form (Legista') I Requestor: Cheryl PartainBudgetYear Division WASTEWATER TREATMENT (730) Adjustment Number 2019 /Org2 BUDGET ADJUSTMENT DESCRIPTION JJUSTIFICATION: A Budget Adjustment is needed in the Plant Pumps and Equipment - W\AITP for the replacement of the Noland secondary clarifier scum pump byJCI Industries, Inc. Budgeted funds from the completed Irrigation Reels project will be transferred tothis project tocover the cost ofthis item. The budgeted funds being transferred are cost saving after completing the Irrigation Reels project. ' COUNCIL DATE: 5/7/2019 � LEGISTARFILE |D#: 2019-0211 [' H 4/1I/20I9 2:37 PM Budget Director Date TYPE: JOURNAL#: G0ATE: RESOLUTON/ORD|NAN[E U CMKCyPOSTED: TOTAL v.20190115 | Proiec1.Sub# Account Nber Expense Revenue Project Sub.Defl AT Account Name 540073(}5800-580100 22,726 02069 1 EX Fixed Assets - 5400J30.6800-5801.00 (I2,726) 11010 1 E% FixedAosets- � ' - - ' - ' - - ' ' ' - - ` - ' ' - ' ' H:\Budget Aujummenfs\2019_uuuget\cnvcovmcix05-07-20/9\20/9-02// u^woKCI Industries /nr1