HomeMy WebLinkAboutORDINANCE 6190 FGYETT
110211
4R'kyNSPS
113 West Mountain Street
Fayetteville,AR 72701
(479)575-8323
Ordinance: 6190
File Number: 2019-0255
OVIVO USA, LLC:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE
AMOUNT OF $24,823.15 PLUS APPLICABLE TAXES, FROM OVIVO USA, LLC FOR THE
PURCHASE OF TWO CRITICAL SPARE PART KITS FOR THE MACERATOR PUMPS USED AT
THE NOLAND AND WEST SIDE WASTEWATER TREATMENT FACILITIES, AND TO APPROVE
A BUDGET ADJUSTMENT
WHEREAS, with heavy wear the Macerator Pumps used at the Noland and West Side Wastewater
Treatment Facilities are vulnerable to unexpected part failures and spare part kits will provide
redundancy of the macerator pump operations and ensure uninterrupted preliminary wastewater treatment;
WHEREAS, Ovivo USA, Inc. is the sole source provider of the screen-handling technology in use at
each plant, including the macerator pumps, and they are not commercially available through other
vendors.
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 finds the above
circumstances make competitive bidding not feasible or practical and therefore waives the requirements
of formal competitive bidding and approves and accepts a quote in the amount of$24,823.15 (plus any
applicable taxes) from Ovivo USA, LLC for the purchase of two critical spare part kits for the Macerator
Pumps used at the Noland and West Side Wastewater Treatment facilities.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
Page 1 Printed on 6/5/19
File Number: 2019-0255
Ordinance 6190
adjustment, a copy of which is attached to this Ordinance.
PASSED and APPROVED on 6/4/2019
Approve Attest:
1"444 .4e, 10_4146ca._
tone d Jordan rIVla •r Sondra E. Smith,City Clerk Treasurer
GER K/T
�'.• CITYO.�s:
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E7IEVIttLs.;33=
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Page 2 Printed on 6/5/19
,•=AYFr). City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville,AR 72701
(479)575-8323
sl I rE b I
Text File
File Number: 2019-0255
Agenda Date:6/4/2019 Version: 1 Status:Passed
In Control:City Council Meeting File Type:Ordinance
Agenda Number:C. 3
OVIVO USA,LLC:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE
AMOUNT OF $24,823.15 PLUS APPLICABLE TAXES, FROM OVIVO USA, LLC FOR THE
PURCHASE OF TWO CRITICAL SPARE PART KITS FOR THE MACERATOR PUMPS USED AT
THE NOLAND AND WEST SIDE WASTEWATER TREATMENT FACILITIES, AND TO APPROVE
A BUDGET ADJUSTMENT
WHEREAS, with heavy wear the Macerator Pumps used at the Noland and West Side Wastewater
Treatment Facilities are vulnerable to unexpected part failures and spare part kits will provide redundancy of
the macerator pump operations and ensure uninterrupted preliminary wastewater treatment;
WHEREAS, Ovivo USA, Inc. is the sole source provider of the screen-handling technology in use at each
plant, including the macerator pumps,and they are not commercially available through other vendors.
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 finds the above circumstances
make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive
bidding and approves and accepts a quote in the amount of $24,823.15 (plus any applicable taxes) from Ovivo
USA, LLC for the purchase of two critical spare part kits for the Macerator Pumps used at the Noland and
West Side Wastewater Treatment facilities.
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 Ordinance.
City of Fayetteville,Arkansas Page 1 Printed on 6/5/2019
City of Fayetteville Staff Review Form
2019-0255
Legistar File ID
6/4/2019
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Tim Nyander 4/22/2019 WASTEWATER TREATMENT(730)
Submitted By Submitted Date Division/Department
Action Recommendation:
Staff recommends purchase of two critical spare part kits from Ovivo USA, LLC for the Ovivo-brand Macerator
Pumps at the Noland and West Side WRRF's in the amount of$24,823.15 plus applicable taxes, and approval of a
budget adjustment.
Budget Impact:
5400.730.5800-5414.00 Water and Sewer
Account Number Fund
02069.1 Plant Pumps and Equipment-WWTP
Project Number Project Title
Budgeted Item? Yes Current Budget $ 879,599.00
Funds Obligated $ 874,315.46
Current Balance $ 5,283.54
Does item have a cost? Yes Item Cost $ 27,243.41
Budget Adjustment Attached? Yes Budget Adjustment $ 27,244.00
Remaining Budget $ 5,284.13
• V20180321
Purchase Order Number: Previous Ordinance or Resolution#
Change Order Number: Approval Date:
Original Contract Number:
Comments: Taxes are estimated at$2,420.26 for a total of$27,243.41.
} CITY OF
: FAYETTEVILLE CITY COUNCIL MEMO
AprARKANSAS
MEETING OF JUNE 4, 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: April 23, 2019
SUBJECT: Approval of a Bid Waiver with Ovivo USA, LLC for purchase of two (2)
critical spare part kits for the Macerator(Maci) Pumps used for preliminary
'screening' treatment at the Noland and West Side WRRF's Headworks
facilities.
RECOMMENDATION:
Staff recommends purchase of two critical spare part kits from Ovivo USA, LLC for the Ovivo-
brand Macerator Pumps at the Noland and West Side WRRF's in the amount of$24,823.15
plus applicable taxes, and approval of a budget adjustment.
BACKGROUND:
All wastewater at the Noland and West Side facilities goes through a preliminary treatment
process where most inorganic solids are removed from the process stream. These 'screened'
solids are ground into tiny particulate, washed of organic particulate, dewatered and disposed
into waste dumpsters. Earlier this year, one new macerator pump (to replaced failed units) was
CIP purchased for each facility. The redundant or second set of pumps at each facility are still
operational, however, due to the heavy wear these units experience grinding wastewater solids,
they are very vulnerable to unexpected part failures. A kit of critical spare parts, one for each
facility, will safe-guard redundancy of macerator pump operations and uninterrupted preliminary
treatment.
DISCUSSION:
Each facility's screening-handling technology system is sold by Ovivo USA, LLC under its own
Brackett Green®MacerAcer®trademark under a know-how license agreement. Trademark •
licensing makes system components, such as the macerator pumps and spare parts, not
commercially available through vendors outside of Ovivo USA, LLC. Ovivo USA, LLC has
submitted a quote in the amount of 24,823.15 plus applicable taxes for two macerator pump
critical spare part kits. Staff recommends purchase of the critical spare kits, one kit for each
facility, as each location has different model maci-pumps. Also, because the macerator pumps
are part of a trademarked package system staff recommends approving a bid waiver with Ovivo
USA, LLC for purchase of the pump parts.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
BUDGET/STAFF IMPACT:
A budget adjustment from capital project No.14018 Sewer Rehabilitation-Ramsey & Overcrest
will be necessary to fund this purchase of spare parts. The budgeted funds being transferred is
cost savings left over after completing the sewer rehabilitation project.
Attachments:
Ovivo USA, LLC Quote
Budget Adjustment
2
O\'I '
o Ovivo USA,LLC
4246 Riverboat Road,Suite 300
Salt Lake City,UT 84123
Worldwide Experts in Water Treatment Phone:(801)931-3000 Fax:(801)931-3080
Customer Quote
ATTENTION: PHONE NO: 479-575-8284
SOLD TO CUSTOMER NUMBER 102794 SHIP TO
Fayetteville, City of Paul R. Noland Wastwater Treatment Plant
113 West Mountain 1500 N. Foxhunter Road
Fayetteville AR 72701 Fayetteville AR 72701
USA USA
QUOTE# DATE TERMS CUSTOMER RFQ SALESPERSON CURRENCY
QSSW102136 4/9/2019 I Net 30 days NO Maci Pump 300-350 ,ETEC USD
L# Items Quantity U/M Lead Time Unit Price Total Value
Ovivo can also provide you with installation labor services.
Please contact us for additional turn-key pricing.
1. Shipment:Approximately 3-4 WEEKS after receipt of purchase order and any required data. Lead times can vary
depending on time of order placement and current inventory levels.
2. Quantities:The prices are based on the quantities shown and are subject to increase if a lesser quantity is
required.
3. FCA: shipping point
4. Freight:ALLOWED, standard ground shipping only.
5. Packing: Made ready for standard transport.
6. Items quoted per customer provided part numbers.
7.This quote is valid for 30 Days. However,stainless steel parts pricing is valid for 10 days.
8. $100.00 Minimum Order
9.All sales are final.
DATE: 4/9/2019
O\,(I ,1
o® Cvivo USA,LLC
4246 Riverboat Road,Suite 300
Worldwide Experts inWater Treatment Salt Lake City,UT 84123
Phone:(801)931-3000 Fax:(801)931-3080
Customer Quote
ATTENTION: PHONE NO: 479-575-8284
SOLD TO CUSTOMER NUMBER 102794 SHIP TO
Fayetteville, City of Paul R. Noland Wastwater Treatment Plant
113 West Mountain 1500 N. Foxhunter Road
Fayetteville AR 72701 Fayetteville AR 72701
USA USA
QUOTE# DATE TERMS CUSTOMER RFQ SALESPERSON CURRENCY
QSSW102136 4/9/2019 Net 30 days NO Maci Pump 300-350 ,ETEC USD
ms ,,. 3 uantity ='IUI Lead Time
L e
Un�tPrice....
• Ovivo can also provide you with installation labor services.
Please contact us for additional turn-key pricing.
1 PART#556742 1 EA 1,857.98 1,857.98
SHAFT,ROTOR SERIES 300HD
Drawing: N/A
2 PART#584926 2 EA 998.70 1,997.40
MECHANICAL SEAL,42MM
Drawing: N/A REV_+
3 PART#585335 1 EA 1,766.00 1,766.00
CUTTERHEAD, HEADSTOCK
Drawing: N/A
•
4 PART#585336 1 EA 1,714.72 1,714.72
SHEARPLATE (924-050230)
Drawing: N/A
5 PART#585733 1 EA 1,604.72 1,604.72
IMPELLER 350MACIPUMP 335DIA(905-050265)
Drawing: N/A
6 PART#585734 1 EA 198.26 198.26
SLEEVE,SEAL
Drawing: N/A
7 PART#588173 1 EA 389.26 389.26
BEARING,ROLLER
DATE: 4/9/2019
I vo
Ovivo USA,dRoad,
4246 RiverboatSuite 300
Salt Lake City,UT 84123
Worldwide Experte in Water TraatmerTt Phone:(801)931-3000 Fax:(801)931-3080
Customer Quote
ATTENTION: PHONE NO: 479-575-8284
SOLD TO CUSTOMER NUMBER 102794 SHIP TO
Fayetteville, City of Paul R. Noland Wastwater Treatment Plant
113 West Mountain 1500 N. Foxhunter Road
Fayetteville AR 72701 Fayetteville AR 72701
USA USA
QUOTE# DATETERMS CUSTOMER RFC) SALESPERSON CURRENCY
QSSW102136 4/9/2019 I Net 30 days NO Maci Pump 300-350 ,ETEC USD
L# Items Quantity U/M Lead Time Unit Price Total Value
Ovivo can also provide you with installation labor services.
Please contact us for additional turn-key pricing.
Drawing: N/A
8 PART#588174 1 EA 372.42 372.42
BEARING,BALL(ANG CONTACT)
Drawing: N/A
9 PART#696331 1 EA 1,852.26 1,852.26
IMPELLER, MACIPUMP, C&H 266 DIA
Drawing: N/A
10 PART#695440 1 EA 292.08 292.08
BEARING SPACER
Drawing: N/A REV_
11 PART#697354 1 EA 292.08 292.08
BEARING,SPACER
Drawing: N/A
12 PART#697618 2 EA 498.42 996.84
ORING/SPRING KIT FOR MACIPUMP 51603
DATE: 4/9/2019
O\(i\/V ® Ovivo
USA,LLC
4246 Riverboat Road,Suite 300
Salt Lake City,UT 84123
Worldwide Experts inWater Treatment Phone:(801)931-3000 Fax:(801)931-3080
Customer Quote
ATTENTION: PHONE NO: 479-575-8284
SOLD TO CUSTOMER NUMBER 102794 SHIP TO
Fayetteville, City of Paul R. Noland Wastwater Treatment Plant
113 West Mountain 1500 N. Foxhunter Road
Fayetteville AR 72701 Fayetteville AR 72701
USA USA
QUOTE# DATE TERMS CUSTOMER RFQ Q SALESPERSON CURRENCY
QSSW102136 4/9/2019 I . Net 30 days NO Maci Pump 300-350 ,ETEC USD
5'L# :hems Quantity U!M Lead Time Unit Price,' r FTotal Value"
• Ovivo can also provide you with installation labor services.
Please contact us for additional turn-key pricing.
Please submit purchase order to:
Your point of contact is:
Kyle Dansie •
Aftermarket Parts Specialist
Inlet Works
Email:kyle.dansie@ovivowater.com
Phone: 801-931-3308
Fax: 801-931-3080
Sale Amount: 13,334.02
Total Amount: 13,334.02
USD
DATE: 4/9/2019
A) The Ovivo USA,LLC Terms and Conditions of Sale are attached and made essential parts of the Ovivo USA,LLC proposal or
purchase order confirmation. These terms and conditions replace and supersede any terms and conditions or warranty included in
Buyer's or Owner's purchase order,requests for quotation or specifications and cannot be changed without written approval from
an authorized representative of Ovivo USA,LLC.
B) GST and all other taxes are extra,if applicable.
C) Pricing valid for acceptance 30 days from date of the proposal document,and will be subject to change thereafter.
D) Shipping shall be(FCA)Free Carrier at point of manufacture unless otherwise stated above. Insurance is the responsibility of
Buyer.
E) Payment terms are stated above.
F) Duty,freight and brokerage costs are for Buyer's account unless stated otherwise herein.
G) Minimum billing of$100 per order.
H) Notwithstanding any liabilities or responsibilities it has assumed hereunder,Ovivo USA,LLC shall in no event be responsible to
Buyer or any third party in contract or in tort,or otherwise,for loss or damage sustained as a result of the operation of the
equipment,loss of use,expenses involved in loss of capital claims or Buyer's or Owner's loss of profit or revenues,or any other
indirect,incidental,special or consequential loss or damage,whether arising from defects,delay,or any other cause whatsoever.
I) Current Ovivo USA,LLC paint specifications shall apply unless otherwise specified.
J) Any and all stock or"off the shelf'parts returned to Ovivo USA,LLC are subject to a re-stocking fee equal to 25%of their
respective invoice price. All other parts,including but not limited to customized and special manufactured parts,shall,at the sole
discretion of Ovivo USA,LLC be(i)subject to a restocking fee of 45%of their respective invoice price or(ii)non-refundable.
PLEASE ADDRESS AND SUBMIT YOUR PURCHASE ORDER TO THE ADDRESS INDICATED ABOVE.
DATE: 4/9/2019
OVIVO®
Worldwide Experts in Water Treatment
Terms&Conditions of Sale
1. ,t CCEPT,tNCE0 The proposal of (hive )1SA. 1.1,C ("SELLER'). as well as the., tens end conditions of We )2. PATENT INDEMNITY. SELLER will defendal its
expense suit instituted maim, PURCHASER based
(collectively
pr
ly the "Agreement} SELLER'', o m SELLER' connect.' offer of goods and m sled rindon,,
s. d slims tERmmoth..hat SELL ', Produce heunder in and of itself moth.. infringement of an slid aplomm d
tclaims
I9IRCIIASER's acceptanceof this offer texpressly limitedthe sof the Agreement The fenand end Umtcd s State_ mem issued and sting of the dne of this Agreement, if notified promptly in
riling and gine
condition of this Agreement reprove the entire offer by SELLER and supersede all prior olicitatin discussions all information i. and sole authority defend and settle the and SELLER shall indemnify the
agreement, understandings and repreentatinm between the Mmes Any cope or terms and conditions included ir, PURCIIASER again such claims of infringement. Furthermore, in case Productsthe of the Products enjoined insuch mit
P1JRC(IASER'.n noac
000epurchase order that are to m f this addition different s Agreemarc hereby rejected, c SELLER mhensie dt
diems it visoble. SELLER shall, i own expense and discretion (a) procure for the
T. DELIVER)'. Am' tatemen0 relating to the date of shipment of the Products las defined below) represent SELLER'S PURCHASER the right acontinue using the Product, (b) replace the smth with nrainfringing Product, (c) modify the
bet estimate. ben i.s not mdda
t guente . and SEIJ.ER shall not be liable for any mages due N late delivery, The Product• Product .a it becomes nota d mu
chase or (d) rem the Products erefund the hese prim less freight charges and
shall to delivered ithe delivery paint or points inaccordant with the doliven• to steed in SELLFRs proposal. If depreciation. SEILER .shell not he liable for. and PURCHASER dell indemnify SELLER for. any claim of infringement
such delivsry is prevented or postponed by reason of Force Majeure (as defined hobo} SELLER shall he entitled et its related to (a) the me of the Products for a purpose other than then for which was furnished by SEU.E..R, (b)m o PURCIIASER the point
onnitendo( delivery points of manufacture, ed in
dcult of PURCIIASER's omplian with equipment designs t furnished by m by SELLER (c) a the Products in con with n; other
s
, eptan, of deli,cry w use the Products e1 to be trod at such • poim or paims of manufacture at Pl1RCHASFR'S equipment n
The sums the sole liability of SELLER for totem infringement withnspen to die Products
expense. Such tender. if ne0Ned, or ooh stmag, sholl n cse delivery for all pmpnen of this agreement, If shipment )3. GENERAL,GENERAL, INDEMNITY Subject to the right, obligations and limitations ret forth
ns of liabilities of the niti
is Moponed at request of PURCHASER or due to delay in
media of .shipping instructions, moment of the purchase this Agreement. IVRCIIASER shall protect and indemnify SEALER, i ohinono parent. ultimate petards subsidiaries
price shall be do on notice from SELLER than the Product n
e ready f .shipmentHandling, mowing. storage. i ed each of their .Ionise officers.officers. director, es m, employeand agent from and ad against all claim, demands and musts of
and other ehnges thereafter incurred by SELLER with respect to the Products shall be for the moons of PURCHASER action meted by o, entity to the extent of PURCHASER', negligence or willful misconduct in connection with this
and shall he Mid ho'PURCHASER when invoiced. Agrecmern.
j, TITLE AND RISK OF LOSS, SELLER .shall stain the fullest tight title, and interest in the Products to the extent 11 DEFAULT. TERNIISOTION, In the even that PURCIIASER becomes insolvent commits n eel of bankruptcy or
pernind ho applicable 1.0', including • security interest in the Product, until the full purchase prion has been Mid in defaults in the performance of any condition of this Agreement the entire
unpaid Prion of the purchase prim
SELLER. Tnoes giving and aaepting of draft, s ad's s
trade accepeinces t evidence the payments due shall no ,shall, without nm n notice demand become immediately due and mat*. SELLER option, without notice or demand,
r be construed as payment so m pnsreSU.1E.R's interest until mn .s
id draft, notes ander trade acceptances e hell be entitled to sue for .aid balance and for reasonable
nlegal fee, pito lof-pockel expenses and interest aIo
paid in full.Risk of loss shall pass to PURCHASER at the delivery point. enter any plea m
where the Products are Inkn
d • to take immediate possession of and repave the Reduces, with on
4, PAYMENT TERMS, SELLER reserves the right M ship the Products and be paid for such on o pro mom hod,,no withoN legal process, nnd'ar retain all Moments mode as mmlem•tion for the use of the Products: •nd'n mull the
shipped. If payments me son made by the due dote, interestat
a rate of two percent(2%)per mond, ealnleied deity. shall Product, without num n
e o demand. for and on behalf of the IVRCIIASER• nod to aptly the tat praeecds from such salt
apply from the due due for Moment. PURCHASER is liable to pay SEU.ER'S lord fees and all other expenses in respect (alter deduction fromtherale price of all expenses of such sale and ell mprmm of marking poseaon. retain eccew
of enforcing or empting to enforce any of SELLER'S rights relating to a breach or threatened breach of the Moment n pod the Products in saleable condition, storage charge, taxetaxes, nd lien, collection and legal fees eall other expenses i
tons by PURCHASER.. connection therewith) to the bal•oce then ducto SELLER for the Products and to receive
a from the PURCIIASER the
S. TAXES. Unkis nth tams, specifolly provided SEU.ER's quototonpm
ovk PURCIIASER shall pay and or defrcbalance iency between such net proceeds of sale end such balanPURCIIASER hereby waives all npn; ca
esdamage d
reimburse SELLER in addition m the price, for all .oles,u. excises
and other Imte,and charges which SELLER may p. claims resulting from a such entry. repossession, removal, retention. repair. ehemtion and
sob, The remedies provided
or be required to My N anyn
government directly o indirectly in spx
rection with the production, sale. tmnmioo in this Mr•gnph are in addition ditin and not limitations of any other rights of SELLER,
ad'or roe by SELLER or PURCHASER, of any of the Product on
ces doh with herein (whether tho m y he (S. CANCELLATION PURCIIASER m terminate this Agreement for convenience mon giving SELLER thirty (30)
regarded to persons n real property). PURCHASER agrees to pas. all property end other taxes which may be levied. f
. days prior written entice of such fact and rasing SELLER all cnns and expenses (including overhead) inemrd by it
assessed or charged against or upon say of the Products on or after the date of,anal shipment or riming into storage fm in performing its ooh and closing oN the some plus • rn•ble profit thereon. All such cots and expenses droll be
IURCIIASERS account paid O SELLER within en (10) class of the terminationwinnable
the Agreement or be object to en additional lac payment
lt. MEC:IIANIC,SI, WARRANT'. Soleh, for the hoofs of PURCHASER. SELLERvytthat equipment end prnn
ln of five perct(S•i)of the total amount of costs and expenses owed,
pans manufactured by i nod provided to PURCHASER (collectively, "Products") shell be free from defects in del and JI REMEDIES, The rights and remedies of the PURCIIASER in nnection with the goods ed rented provided by
workmanship. The warranty period doll be melee (12) month from marten of the equipment not
to m
exceed eighteen (IR) SELLER hereunder are cltoioe and limited to the rights and remedies expressly stated in this Agreement,
months from shipment If a of SELLER'S Products foil nocomely with the foregoing v mv. SELLER shall repair or )T, INSPECTION. PURCHASER in entitled to make reasonable inspection of Products at SEU.ER's facilin•. SELLER
replace free of charge to PURCIIASER, PX WORTS SELLER'S FACTORIES or other location that SELLER designate, s the right determine the rnableof the request and n elect a p
anoprioe time for ouch inspmion. All
any Product n thereof reof returnedn SELLER, winch examination m shall show have fse failed under normal uand reserve
n nonen of ingestions ma expressly included as an itemized pan of the quoted price of the Products in phis Agreement shall
scmite operation by PURCHASER nilhin the Warranty Period; provvidd, that if itnnsld be impracticable for the I'mct ho duMid b•'PURCHASER,
or pan demo( to he resumed n SELLER SELLERn
will ad a representative to wPIIRCHASER's job site 00 inspect the JR WAIVER, Any failure by SELLER In enforce PURCIIASFR's strict perfwmence of any provision of this Agreement
Produce, If its determined eft Mat at SELLER s liable under this nn reran replace the Product will not comfier.a waiver of in right n subsequently tat the
a such provision or any or provision of tlas Age:CM:M.
pan thenoE SELLER shall transportation bear the ofU) t ming the Product oSE1,LER for inspecto n rending (9. COMPLIANCE \\1111 LA\\'S If applicable lows. ordinemes. rcgulati condition menthe anything different
in representative the ,ntative job n ond (b) returning the rewn ired replaced Productsto PURCHASER; however, if it n from. oddition n, tho celled for by this Agreement, SELLER will satisfy such requirement at PURCHASER'S
determined ofs inmection that Is
SELLER nt liable undo this warranty. PURCHASER shall ray ththornst. For nrequemendexne,
SELLER Io be liable with mmeet to this warranty, PURCHASER mast make is ddms n SELLER with respect n this 20. pe
FORCE MAJEI'RE If SELLER i rendered unable, ,01oll or inmannite Ml, by res of Force Majeure n terry
warranty in wahine n Ion then thirty(30) days after the date PURCIIASER discovers the bads for in mm�ty claim and of in obligations hereunder, then on SEU.ER1 nnwriting n PURCHASER within • reassemble t after
in no gent vv than shim (30) days alter the expiration of the Warranty Period, In addition other limitationtheoccurrence of the relied upon. such obligati ddl inhe suspended, "Fond Majeure shell include. btu time
be
disclaimerwith respect to this SELl ER shall ho' no liability with respect of the following: I) failure of limited of God,u law and mmgdatio strike,oncivil disobedience unrest lightning."fire, Rood washout ssnorm,
the Product, or damages to Them,wantons.,
to PURCHASER', negligence on w(OfN misconduct abuse orimproper torage, communication lines Wire, delta of them PURCHASER r PURCIASER's subcontractor, brnkage accident to
installation. implication o m•imennoe (es specifiedmanuals written instructions that SEILER provides the equipment or machinery, ',lice embargo, and other then not reasonably within
PURCHASER); (ii) arty Products that have been in altered stor ain repaired w ay sway with,. SELLER'S prior written the control not the SELLER. If the delay s the terrorism,
of PURCHASER:, action causes
mactinn then n
in addition to
authorization (iii) e c of dismamd iing ereinnalfion of the Product, any Products damaged utile intransit djunment in time.SELLER.shall be entitled to reimbursement of costs incurred to maintain its schedulschedule.hn
or othenie by accident; (v) decomposition of Prsducn by chemical action erosion m , o
sn m w t o Products
21. INDEPESDENT CONTRACTOR It s expressly understood thenSELLER is en independentd
independent contractor, athat
due to conditions of temperotooor. mand dirt, or(v1) claims with renpcelto pens that arc consumable and nnnalh neither SELLER ror its principal, partner, parent, nhddinim affiliate, employees or mlenincton are senaat5
replaced during maintenance such an filter media, filter drainage help and the like, except where such parts arc ram agent,partners joint ventures or employees of PURCHASER in any way whammy,.
performing to SELLER'S estimate of nomal service life, in which ase, SELLER shall only be liable fon the pro mta cost al 22, SE"ER,ARII.IT'. Should a • gonion of this Agreement be held to be invalid or unenforceable under applicable
replacement of those pans hosed on SELLER'S estimate of wino the rcs ning senc a life of those pans shouldan;have btown then t. validity of the remaining pinions thereof than not n nm
t be affected by such invalidity nforbi(in• and
provided that failure of (hose pans did not (Halt from am of the eme rs lined clausesin clauses(i) through (v) above, With stalleffect.
n full force and Furthermore. • invalid or unenforceable provision shall be modified recording!))
regard to Ihirdpany Mn, equipment ace n
s components ofSELLER', deign SELLER'S liability shall be within the confines of eradicable law.Firing minimum permissible effect n the parties'inns entinexpressed herein.
limited adds m the assignment of mailablepmwarranties, TUE PARTIES AGREE THAT A1,1. OTHER j;. CIIOIET 01' LAS,. CHOICE OF YENI') This Agreement shall
o11 be governed and construed i accordance with the
WARRANTIES, EXPRESS OR IMPLIED, INCLIIDISG WARRANTIES OF FITNESS FOR A PARTICULAR laws of the Some of Utah without raged to mks regarding conflict or choice of law. The parties submit to the
PURPOSE AND MERCHANTABILITY, 1\112T11ER \\MITTEN, ORAL. OR STATUTORY, ,ARE EXCLUDED TC jurisdiction and venue nine ma and R&M toms located in Salt Lake City.Utah,
THE Fl1LLEST EXTENT PERMISSIBLE R)' LAW. All warranties end obligations of SELLER shellit )d. ASSIGNNIENT PURCHASER shell 11assign n mnsfcr this Agreement without the prior written cones of the
PURCHASER fails n < i nd
rerobligations muter this Agreement imlodimt but not o
t limited t • failure to my o SELLER. Any anemia to make such • ho U
assignment or transfer shall null end void. SER shall u11 the aulhorif
un
charges due to SELLER. SELLER'S qcd grin for the Products is based upon this mummy. Any increase in warranty to assign, or otherwise nem*, its right and obligations in connection with this Agreement in whole or in put upon
obligation me).be subject Ion inmate in price, prim written notice n PURCHASER,
7. CONFIDENTIAL. INFORNATION, All nmMblk information and data furnished to PURCIIASER hereunder. 2S LIMITATION ON IJ,s R11Fll' TO TIE EXTENT' PERMISSIBLE BY LAW, SE U.ER SHAI.I. HAVE NO
including but not limited no Price, size. nape and design of the Products is the role property of SELLER and .subminod fin FURTHER I.IARIIJ'I'A' IN CONNECTION \WITII THIS AGREEMENT IN EXCESS OF THE COST 01
PURCHASER'S own confidential on stalely innection with this Agreement end is t to be made kaon or available ('OHRE(TISI: ANY DEFECTS, OR IN THE ABSENCE OF ANS' DEFECT, IN EXCESS OF TIIF, Y,SLUE 01
to any third party without SELLER'S consent SELLER'S prior written conse �s not
TIIF PRODUCTS SOLD HEREUNDER NOTS\'ITIISTANDING ANY LIABILITIES OR RESPONSIBIIJTIES
IL PAINTING The Products dell be Minted in accordance with SELLER'S 'unclad practice. end Mrchoed neon M
sob ASSOED BY SELLER IIEREI'XDER, SELLER 511101.1. IN NO EVENT BE RESPONSIBLE TO PURCHASER
as motors. control, , etc.
, speed reducer, pump . will be Mndm
painted In coce with manufacturers' standard standard practice, OR ANY TIMID PARTI', WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE),
mien othrnKe*greed in writing. S9RICP LIABILITY, OR OTHERWISE, FOR LOSS OF ANTICIPATED PROFITS, LOSS RI' REASON 01
9. PRAM'1Sf:S AND TFCIINICAI. DOCIIMFNTISTION, When PURCHASER requests aprovel of drawings before PLANT SHUTDOWN. NON.OPERAT ION OR INCREASED EXPENSE OF OPERATION, SERVICE
of mufocturw sshipment may be *Imo! if
if approved drawingma s are SELLER within INl'ERRIPTIONS, COSI' OF PCRCIItSED OR REI'I,ACESS
NIENT POWER, COST OF MONEY, LOSS OF USE O1
(rummy, n
ny (Id) dap b
of receipt • PURCIIASER of .such drawings for apummal, SELIJ:R will furnish only general CAP'IT'AL OR REVENUE OR AN)' OTUER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE. EXE\IPL,SRS'.
arrangement general assembly. and if required wiring diagram, a rection dresring, installation and d operationmoimmn
ee OR CONSEQUENTIAL LOSS OR DANIAGWHETHER ARI.SbN(: FRONT DEFECTS, DELAY, OR 111031 AN)
mentals for SELLER'S equipment Co English language). SELLER will mpph' tan t x (b) complete of drawings ond Ol'IIER CAUSE WHATSOEVER.WHATSOEVER.operating Additions) s will le paid for by PURCHASER. Electronic file, will
if requested from SELLER. ll
he provided inp%Ox no,.r%format or)y, Rmisbr,fore.September 2010
In, SFT OFF. This Agreement shall he completely independent of all other commas between the genies and all Mlmem•
due to SEU.ER hereunder Mall be Mid when due nod shall not he setoff or applied against any money due or claimed to
Ie dm from SELLER to PURCHASER on cement of any other tram
action or claim,
II. SOFTWARE PURCIIASER shell hays e nonexclusive and nmtransfemNe license to INC am information
processing program supplied hs' SELLER with the Peahen, PURCHASER okmmiedges thatsuch pmgmms and the
inthrmation
contained therein is Confidential Information and ogres, a) not to or copy duplicate the program except fir
erchiw al Of
mama, b) not usetn uthe 'warm'warman computer other ththe computer with which it
supp(kd: end,) naccess to limit o the program to those of its employees who a n mecum,.,. permit amhoriad ,
u. of tho
program. AIRCHASER names to execute end he bound by tthe terms of any software license applicable to thelindens
supplied.
DATE: 4/9/2019
O\,9] ( ® o UA,LLC
4246 Riverboat Road,Road,Suite 300
Salt Lake City,UT 84123
WorldwideExperts inWater Treatmertt Phone:(801)931-3000 Fax:(801)931-3080
Customer Quote
ATTENTION: PHONE NO: 479-575-8284
SOLD TO CUSTOMER NUMBER 102794 SHIP TO
Fayetteville, City of Paul R. Noland Wastwater Treatment Plant
113 West Mountain 1500 N. Foxhunter Road
Fayetteville AR 72701 Fayetteville AR 72701
USA USA
QUOTE# DATE TERMS CUSTOMER RFQ SALESPERSON CURRENCY
QSSW102133 4/9/2019 I Net 30 days WS Maci Pump 300-300 ,ETEC USD
�# Quantity U/114un
Lead Tune-. Unat.Pncef total Value:
�
Ovivo can also provide you with installation labor services.
Please contact us for additional turn-key pricing.
1.Shipment:Approximately 3-4 WEEKS after receipt of purchase order and any required data. Lead times can vary
depending on time of order placement and current inventory levels.
2.Quantities:The prices are based on the quantities shown and are subject to increase if a lesser quantity is
required.
3. FCA:shipping point
4. Freight:ALLOWED, standard ground shipping only.
5. Packing: Made ready for standard transport.
6. Items quoted per customer provided part numbers.
7.This quote is valid for 30 Days. However,stainless steel parts pricing is valid for 10 days.
8. $100.00 Minimum Order
9.All sales are final.
DATE: 4/9/2019
®O\,I %1
o Ovivo USA,LLC
4246 Riverboat Road,Suite 300
Worldwide Experts in Water Treatment Salt Lake City,UT 84123
Phone:(801)931-3000 Fax:(801)931-3080
Customer Quote
ATTENTION: PHONE NO: 479-575-8284
SOLD TO CUSTOMER NUMBER 102794 SHIP TO
Fayetteville, City of Paul R. Noland Wastwater Treatment Plant
113 West Mountain 1500 N. Foxhunter Road
Fayetteville AR 72701 Fayetteville AR 72701
USA USA
•
QUOTE# DATE TERMS CUSTOMER RFQ SALESPERSON CURRENCY
QSSW102133 4/9/2019 I Net 30 days WS Maci Pump 300-300 ,ETEC USD
L# Items ° 3 � y �F, Quantity NIM Lead 7tme, Untt3t�r�cB�vmoom °4.fp,%yfte
Ovivo can also provide you with installation labor services.
Please contact us for additional turn-key pricing.
1 PART#556742 1 EA 1,857.98 1,857.98
SHAFT,ROTOR SERIES 300HD
Drawing: N/A
2 PART#584926 2 EA 998.70 1,997.40
MECHANICAL SEAL,42MM
Drawing: N/A REV_+
3 PART#585335 1 EA 1,609.83 1,609.83
CUTTERHEAD, HEADSTOCK
Drawing: N/A •
4 PART#585336 1 EA 1,714.72 1,714.72
SHEARPLATE (924-050230)
Drawing: N/A
5 PART#588174 1 EA 372.42 372.42
BEARING,BALL(ANG CONTACT)
Drawing: N/A
6 PART#696331 1 EA 1,852.26 1,852.26
IMPELLER, MACIPUMP, C&H 266 DIA
Drawing: N/A
7 PART#584927 2 EA 456.42 912.84
0-RING/SEAL COMPLETE KIT
DATE: 4/9/2019
® ♦ '\(cy
OvivoR
USA,L LLC
4246 Riverboat Suite 300
Salt Lake City,UT 84123
Worldwide Experts inWater Treatment Phone:(801)931-3000 Fax:(801)931-3080
Customer Quote
ATTENTION: PHONE NO: 479-575-8284
SOLD TO CUSTOMER NUMBER 102794 SHIP TO
Fayetteville, City of Paul R. Noland Wastwater Treatment Plant
113 West Mountain 1500 N. Foxhunter Road
Fayetteville AR 72701 Fayetteville AR 72701
USA USA
•
QUOTE# DATE TERMS CUSTOMER RFQ SALESPERSON CURRENCY
QSSW102133 4/9/2019 Net 30 days WS Maci Pump 300-300 ,ETEC USD
L# terns Quantity U% Lead Time= Umt Price Total Value
Ovivo can also provide you with installation labor services.
Please contact us for additional turn-key pricing.
Drawing: N/A REV_+
8 PART#588173 1 EA 389.26 389.26
BEARING,ROLLER
Drawing: N/A
9 PART#585734 1 EA 198.26 198.26
SLEEVE,SEAL
Drawing: N/A
10 PART#695440 1 EA 292.08 292.08
BEARING SPACER •
Drawing: N/A REV_
11 PART#697354 1 EA 292.08 292.08
BEARING,SPACER
DATE: 4/9/2019
O\/I \1 o® OvivoUSA,LLC
4246 Riverboat Road,Suite 300
Salt Lake City,UT 84123
Worldwide Expefis inWater Treatment Phone:(801)931-3000 Fax:(801)931-3080
• I
Customer Quote
ATTENTION: PHONE NO: 479-575-8284
SOLD TO CUSTOMER NUMBER 102794 SHIP TO
Fayetteville, City of Paul R. Noland Wastwater Treatment Plant
113 West Mountain 1500 N. Foxhunter Road
Fayetteville AR 72701 Fayetteville AR 72701
USA USA
QUOTE# DATE TERMS CUSTOMER RFQ SALESPERSON CURRENCY
QSSW102133 4/9/2019 Net 30 days WS Maci Pump 300-300 ,ETEC USD
L# Items Quantity U/M Lead Time Unit Price Total Value
Ovivo can also provide you with installation labor services.
Please contact us for additional turn-key pricing.
Please submit purchase order to:
Your point of contact is:
Kyle Dansie
Aftermarket Parts Specialist
Inlet Works
Email: kyle.dansie@ovivowater.com
Phone: 801-931-3308
Fax:801-931-3080
Drawing: N/A
Sale Amount: 11,489.13
Total Amount: 11,489.13
USD
DATE: 4/9/2019
A) The Ovivo USA,LLC Terms and Conditions of Sale are attached and made essential parts of the Ovivo USA,LLC proposal or
purchase order confirmation. These terms and conditions replace and supersede any terms and conditions or warranty included in
Buyer's or Owner's purchase order,requests for quotation or specifications and cannot be changed without written approval from
an authorized representative of Ovivo USA,LLC.
B) GST and all other taxes are extra,if applicable.
C) Pricing valid for acceptance 30 days from date of the proposal document,and will be subject to change thereafter.
D) Shipping shall be(FCA)Free Carrier at point of manufacture unless otherwise stated above. Insurance is the responsibility of
Buyer.
E) Payment terms are stated above.
F) Duty,freight and brokerage costs are for Buyer's account unless stated otherwise herein.
G) Minimum billing of$100 per order.
H) Notwithstanding any liabilities or responsibilities it has assumed hereunder,Ovivo USA,LLC shall in no event be responsible to
Buyer or any third party in contract or in tort,or otherwise,for loss or damage sustained as a result of the operation of the
equipment,loss of use,expenses involved in loss of capital claims or Buyer's or Owner's loss of profit or revenues,or any other
indirect,incidental,special or consequential loss or damage,whether arising from defects,delay,or any other cause whatsoever.
I) Current Ovivo USA,LLC paint specifications shall apply unless otherwise specified.
J) Any and all stock or"off the shelf'parts returned to Ovivo USA,LLC are subject to a re-stocking fee equal to 25%of their
respective invoice price. All other parts,including but not limited to customized and special manufactured parts,shall,at the sole
discretion of Ovivo USA,LLC be(i)subject to a restocking fee of 45%of their respective invoice price or(ii)non-refundable.
•
PLEASE ADDRESS AND SUBMIT YOUR PURCHASE ORDER TO THE ADDRESS INDICATED ABOVE.
•
DATE: 4/9/2019
OVIVO®
Worldwide Experts in Water Treatment
Terms&Conditions of Sale
1.
ACCEPTANCE The props.' of (Tisa USA, ILC (-SELLER'), as well m then s and conditions of rale )2. PATENT 1SDEMNOI'. SELLER will defend expense instituted 080(0,1 PURCHASER toned
(collectively the "Agreement) s SELLER', contractual offer of goods and n ci rued es. and upon clams that SELLER'. Product hereunder inandof
n itselfconstituter. any
of n olid apparatus claims re
PIRCIIASIR's eccemance of this offer is expressly limited tuthe mons of Phe Agreement The cop and II end any United Smus totem issued and existing aof the dale of this Agreement. if notified promptly in writing and giver
conditions of this Agreement represent the entire olTer by SELLER and supersede all prior mlic1nlm, discussions all information emislance. end sok authorityI defend end rade the end SELLER .shell indemnify the
opreemmta understandings end representations between the panics. Any cope terms and conditions included m PURCHASER sad. such claims of infringement. Furthermore, i the e useof the Products is enjoined in such suit
PURCHASER'%noceptance'rerehe order that are in addition loon different born this Agreement are hereby rejected. or in case SELLER othemise deems it dviseble. SELLER hal. a1 it own expense and discretion (•) procure for the
2. DELIVERY Am' statements relining to the date of shipment of the Product (as defined below) represent SELLERS PURCHASER the ripht to amfinue using the Products (b) replace the no with noninfringio8 Modem, (0) modify the
best es ar
m , but is nd puamxed, nandSF7,Lr0,ER shall be liable for u v damages due to lam sleben•. The Product! Product so
it becomes mminf naior
. or (d) r the PActs and the purchase (site less freight clog. •d
shall be delivered to the delivery point or Inion .s in accordance with the delivery to stated in SELLER. pmpol. It depreciation, SELLER doll nothe linbk for, ed n rod re
PURCHASER .shell indemnify SELLER for. any claim of infringement
mob deliver' is prevented on postponed by mason of Force Majeure (as defined below) SELLER shall In entitled n its reload ro (n) the use of the Products for any
' purpose other then that for which i famished by SELLER (b)
option m tender delivery to PURCHASER atm
the point or points of menufecre, ed in default of PURCHASER'S mmplience with equipment designs nol furnishedby SELLER or (t) u of the Product an s combination with any other
acceptance of delivery n do Productsts
in be stored a such a point or points of manufacture re PURCHASER'S equipment The foregoing states the sole liehility of SEI.IF.R for potent infnrespect b ent with respthe Products
expome. Such teller. if+.cooped on such storage, shall contlitme delivery for all purposes of this agreement If rhipmer 13. GENERA I. INDEM.S ITP'. Subject 10 the righty obligations end 1:0100inm of liabilities of Ii ponies .set forth it
is ponp+ned et request of PURCHASER, or dm to delay in
receipt of shipping inslnmtlom, payment of the purchase this Agreement, PIRCIIASFR protect ed indemnify SELLER, in ultimate parent it ultimate parer(' euhddiaries
price shac
ll he due onBorne fmSELLER that the Products ere ready el
for shipment, Hping, rmwin2, storage, i d cob of their respective officer, director, employs.... and agents from and against all claims, demands ns aa1
and other charges thereafter incurred by SELLER with respect to the Products dull be for the account of PURCHASER action ascned by an, entity to the extent of PURCHASER', negligence or willful misconduct in connection with this
ed shell he raid by PURCHASER when invoiced. Agreement
3. TITLE AN1) RISK OF LOSS SELLER shall retain the fullest right, title and interest in the Product to the extent I. DEFAULT. TERyIlSATION. In the event that PURCHASER becomes insolvent commits
of hanktuptcy o
permitted by applicable len'. including • security interest in the Product, until the full perchers price has been paid v defaults in the performance of a e eodiuon of this Agreement the entire unpaid portion of the purchase price
SELLER. The gi..ing and accepting of draft, rotes •d'0, trade acceptances to mid... the pymata due shall not shall. without ',nice or demad. Ietome immediately due and payable. SELLER et its option without notice
or
r demand,
constitute
r be construed as payment so a pass SELLER'. internus until said droll, noes arida trade •eceprances ere shall he entitled for mid balance ad for moble keel fee, pits oo000'pcket elegance and interest: and'or to
.idinfull.Risk of loss shall paste PURCHASER at the delivery poim. nn' place where the Products no located •d to take immedine pn'ssoion of and MINN, the Product, with m
a, PAYMENT TFRSIS, SELLER resewes the right to ship the Product and be paid for such on e pro era basis as without hgal prooeoS ander retain el payldms mde • mmpcnsatinn for the Inc of the Products: nd'or resell the
shirped. If peymrcnts art no. made by the due date. interest at
• no /C11.1of MO pe1(21k)per month.calculated deity, shall Products without mc Or demand. for ed on behalf of the IIRCHASFR and to apply the 0,1 proceeds from such sale
aMon the due doe for payment. PURCHASER is liable topay SELLER'S legal fees and ail other<npencs in respect (alter deduction fromthe sale price of all expenses of such rale and ell expenses of retaking po,sea'on, repairs necessary
of enforcing or attempting to enforce any of SEILER'S tight relating to • breach or threatened breach of the payment o put Ito Products in rateable condition, stooge charges. taxa ,liencollation and keel Ices end JI other expenses in
mol by PURCHASER.. connection therewith) to the helm.. then don to SELLER for the Products and t ER th
rte bum the PURCHASER
5, TAX 1,:S Unitas 0ep
henvise ecifnlly pm.idd in SELLER', gmtatimm
ippnsdd'0, df such: PURCHASER shall pry • iency between such net proceeds of .Sole and ch balance. PURCHASER hereby waives all !omits, &Image and
reimburse SELLERt he required
addition o the prier, for all sale, use and a other taxxI. and charges which SELLER pro claim resulting from entry. se repovel, retention, repeir, shown. end We. The remedies provided
Of puired 10pay In apartment directly or indirectly in connection aMli the productionata ran,mrtation in paragraph ere in addition to and nottte
lim mn
.es ofother right FR
of SfLL .
.od'or use by SELLER or PURCHASER of ant m uhereinanev of Phe Products es dolt with herein (whether the be )5, CANCELLATION PURCHASER this Agreement for upon p0ing SELLER thirty (.30)
pe
regarded as nal n rail property). PURCHASER sprees to pay all propem' and az
odor les which maybe l<sied, days prior w of such fact .d paying SELLER for all c d method). expenses (including meod) irotncd by it
loosed 01charged operon, or yon any of the Products on or after the date of actual shipment or placing into storage fn n pRormingnt isock end closing out the .some plus • tooneble pmft thereon. All nob costs and exp'ense's dull be
PURCHASER'S sacrum. paid to SELIF,R within on (10) der. of the termination of the Agreement or be abject to an additional Ire payment
0. SI ECILA\ICA I. SS'ARWANTY. Solely for the benefit of IIRCIIASER SELIERm 'ots dot equipment end tensity of five percent(5.!4)of the 10101 costs amount of ced expenses owed.
part menufacmrtd by it and provided m pURC11ASER (collectively, 'Products') shall to wfree from defects in materiel and IQ RESIEDIES. The right and remedies of the PURCHASER inwith the goods and services provided by
workmanship The naroenry period shall be wyne (12) months from startup of the equipment not to exceed eighteen (IR) SELLER hereunder ere exclusive end limited m the right ed remedies exprcaf•stated inthis Agreement.
month from shipment If any of SELLER'S Products fail to comply with the foregoing w m SELLER shall Mail )7. INSPE(:TI ON, PURCHASER is emitted to make reasonable inspection of Products et SELLER', fucility. SELLER
replace free of chape to PURCHASER
EX WORKS SELLER'S FACTORIES or other location An SELLER dadaistsresenns the right a determine the reasonableness d a
sebleness of the request eselect an eppropi•tl time for such inspection. All
nriy Prod1101 or pro thereof retooled to SELLER which examination shall show to have failed under er normal use andCOMX of inspections m vssadn y included as itemized pan of the quoted pri0 of the Products in this Agreement shall
service Moot.. by PURCHASER within the Warranty Period: provided, thin if it would be impr•(lilble for the Pnduel be paid by PURCHASER.
t
or on thereof 0 be rammed to SELLER. SELLER will send a Tepmminative to P/RCIIASER's job site 0 inspect the )N. WAIVER. Am failure by SELLER to enforce IIRCHASER's strict poli roe of any pm.ision of this Agreement
Product. If it is dtennined rifler inspection that SELLER is E.ble under this warranty to mob or replace the Product or will rot constitute•waiver of it right.sabsouentln enforce such provision or any otherpmlision of this Apeement
on thereof. SELLER shall bear the tmmpnation costs of la) remming the Product to SELLER for inspection or uedim 19, COSIPLIANCE 011T11 LAWS. If eradicable Ion's ordinance, regulations or conditions require anything different
s representative to the job site and (b) maiming the molted or replaced Produces to PURCHASER 10110110, if it
is m,froor in addition to,
, that called for by this Agreement SELLER will satisfy such requirementsre PURCHASER'S
dlenined after ingcefm that SELLER Isml liable under 110 wormy, PURCIIASER shell gay !hoe <n.., For nsen request ed expense.
SELLER to anm be liable with respect to this war0ty, PURCHASER men ake it claims SELLER with respect to this juFORCE SAIEPRF_ If SELLER is rendered unable, wholly or in m materiel pert by of Forte MajeureMajeurem cart'
srammy in writing no Iver than thirty(30) doe after the date PURCHASER disawen the tonin for in cont• claim aOW d oof 10 oblipIions hereunder, Then on SEU.ER's notice inwriting 10 PURCHASER within • reasetahle time Ober
eventin no mom than thirty (30) days eller the expiration of the W.raoy Period. In addition m ether limitation o the occurrence of the c relied yon, such obligations dull be suspended. "Force Majeure. shell include, boo not tc
disclaimer ith respect m this warranty, SELLER shall have no liability with respect m' of the following: () failure of limited of Cod u laws and ,eSulafom, strike, civil disobedience or unrest lightning, fon food washout,
the Products damages t them, duc PURCHASER', rc8li0 ox willful conduct abuse improper storage communication t,lines failure delays of the PURCHASER PURCHASER'S subcontractor, breeloge accident amto s i
nmllatin 501110nim n mainleona (as specifiednnL u than SEI.I.FR provide, the equipment n machinery police on, rrorism, ember0w, ed other that not mn•bly within
PURCHASER). (ii) e r 0,16005 dot hoe leen inJmrcd m repaired win widow SEIJER'S prim t written the control or
Io SELLER. If the delay is 1eIhe result of PURCIIASER's action or Inaction then in addition to an
•,horisnan: (iii) 130 0005 of dismantling ed reinstallation of the Products, (is) any Products damaged while i adjustment in time.SELLER shill beenti1led 0 reimbursement Mauve incurred to maintain itscheduk.
or othemiI try accident (s') decomposition of Products by chemical r m weer n Products 0 21. ISD EPENII ENT CONTRACTOR It s expressly urdem0d that SELLER en independent contractor, and that
due m conditions of tempemme and din: r(ti) claim with mewl to pens!that n consumable and normally neither SELLER s prfncipls Atter, pont, subsidiaries, •fliliete, employe. or o,d0ontocom non nonntq
replaced during each mnlnfilter oda, filter drainage belts ed Ito like .c<pr where such pans emu,ponner,j.im ventures or employees of PURCHASER in am.way whatsoever.
podnnin0 m SELLERS estimate of nomad service life in which no, SELLER shall only he liable for the pro rata cost
n01 22. SF,VERA III1.IT1'. Should a potion of this Agreement, be held to be valid ounenforceable miler opliinble
replacement of those pons based onSELLER'S extimate of what the nine life of these pans should have been: Inv then the validity of the mrp onions thereof shall be Waled by such invalidity atmforceabiliry ed
prooidd nthat failure of those pens did n01 result from soy of the rtmaten line service <lauses(i) though (s') .bye. With shall ren Poll forte end eff t i'unhermore. • invalid nor unenforcable Lowish. doll be modified anordin8ly
repand to Ihin1porly part, equipment a components 00 of SELLER'sn design SELLER'S li511111' shall be within the confines of applanble law.giving maximum pmminible effect m the ponies'intentions expressed herein.
limited .011e1y to the assignment of available s tkrdpam• amnties. T11F, PARTIES ACRF,E THAT ALL OTHER j3. (]IOICE OF LAW. CHOICE OF ST:\IIF This Agreement Jell be governed rid construed i deroe with the
n n acco
SS'ARRANTIES, EXPRESS OR IMPLIED, INCI,UDIsc M'ARRASTIF.S OF FITNFSS FOR A PARTICULAR laws of the Stere of Utah, without reed to 10 rules regarding conflict or chain of kw. The parties submit to the
PURPOSE ASD SIERCILASTARI LIT, WTIETIIER WRITTEN, ORAL OR STATLTORI', ARE EXCLUDED TC jurisdiction and venue of the sem and Wend coups located in Salt Lake City.Utah.
1'1IF: F7'LI,EST LATENT I'ERSIISSIDLE DA' L0S0'. All tramlines ed obligations of SELLER shell ternfirrie it 24, ASSIOS3IEST PURCHASER shell no assign or transfer This Agreement without the prim e w onof the
PURCHASER foils to perform its oblipIns under this Agreement including0, ret including blimited to 0b' failure 0 gay O SELLER. Any attempt m make ,such 0 assignment o 100000r shell be mill .d void. SELLER shallhave the authority
ehere. du. to SEU,ER. SELLER'S quoted price for the Pn0lmts is based upon this warranty. Any increase In warranty to assign. Of otherwise mufti. its right and nblign0ms to connection with this Agreement In whole m in on. upon
obligation may he subject torn
irorease
in price. prim Written O PURCHASER.ER,
7. COSFTIIE'TI AI, IS' m
FOR)LSTIOS All npblk information ed m data furnished PURCHASER hereunder. 25, h,IMITATION ON LIABILITY. TO THE EXTENT PERSIISSIRLE 110' LAW, SEIJ,ER SHALL HAVE NO
including but no limited ro peke, size. 0,p and design of the Products is do role property of SELLER •d submitted fm FI'RT11 ER LIABILITY IN COSSE(:TIOS IYITII THIS ACREFMEST IS EXCESS OF T1 1E COST OF
PURCHASER'S nun confidential use solely in t nen10n with this Agreement ad is 00t m be mad known 01 available CORRECTING ANA' DEFECTS, OR IN THE ADCE
SENOF AST DEF}:(T, IN EXCESS OF 711E VALUE 01
to any third pa 'without SELLER'S prior written consentn THE PROII'CI'S SOLD HEREUNDER.: SOTSO'lilIS7'ASOISC, ANY LIABILITIES OR RESI'ONSIHILITIES
N. I',SISTIS(:. The Products shall be pointed in rocmdence with SELLER'S tadW practice, end purchased items such ASSUMED BY SK PER IIERM:NI/ER SEI.LER SHALL IN NO EVENT BE RESPONSIBLE TO PURCHASER
05 s
control, speed reducer, pump, etc. will to painted in accordance with manufecturen' aondard predicts OR AN1' THIRD) PARTS', SS'IIETIIER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE),NEGLIGENCE),mlo
otherwise nig rd in writing. STRICT 1,1,1111 1.171% OR OTHERWISE, FOR LOSS OF ANTICIPATED PROFITS, LOSS 55' REASON 01
9 DRAWISGS AND TFCIISICAL DOCTs11FSTA'I0N, When PURCHASER tapes approval of drawings befmc PLANT SII CI'IHOSS'S. NONOPERATION OR INCH F:,SSED EXPENSE OF OPERATION, SERVICE
of manufacture shipment be delayed if approved dowags not maned SELLER within IN'fERRI'pTIONS, 1'01T OF PI:HCIIASEI) OR RE.PI.SCESI ENT POWER COST OF MONEY, LOSS OF USE 01
commencement m 0,•y re r u+
Raman (Ise) days of receipt by PURCHASER of such dnwinps for approval. SEJJF.R will furnish only good (',SPIT,SI. OR RES'ENI'E OR ,ANN' aTII ER INDIRECT, INCIHESTAI, SPECIAL. PUNITIS'E. ENESIPI.AR1'.
anon/mat penemi assembly. and if required wiring diagram, erection drawing, installation and opemli0nmainmmnce OR CONSEU1'ENTIAI, LOSS (1R DA2I:ACE, SSIIETIIF.R ARISING FR021 DEFECTS. DELAY. OR 112051 AN)
mnnols for SELLER'S equipment (in English language). SELLER will supplyw s (f) complete of drawings and O'IIER CAUSE SSII,S'rSOEVER
operating instructions. AdAlbenl .rets will he paid for b• PURCHASER. Electronicfile, if requested from SELLER, will
p
be ow sled in per jpg oif/formed 00b'. xnr..xnnllnm•s prmdo,2010
10. SFT OFF. This Agreement .dell be completely independent of all other commas between the parties and all payment,
due to SEI.IER hereunder shall be paid when dun and shall not he umff or applied against tiny r0, y due or claimed to
he due fmm SEI.I.I:R to PURCIIASER on accomt of any other tmnactim or claim.
1I. SOFIY,SRF PURCIIASER doll hove nonexclusive and nontransferable licensem e
any information
In,00 srp p0pram supplied by SELLER with the Products PURCHASER mkn+nledgn dotsonprograms and the
infum000n cont01rod therein is Confidential Information and agues er not 10 copy 0, duplink the program except fig
orchis) or security pumper, h) noInuse the program OW omputer ober than the computer with which
supplied. andm 0) limit ac o the mm ro those of its employe.vim n necessary to permit authorized u of 111.111.ppnm PURCHASER owestoexecute and he bound by the tans of any software Ham opplinHn 10 Ito Products
supplied.
DATE: 4/9/2019
City of Fayetteville,Arkansas- Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 WASTEWATER TREATMENT (730)
2019
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION:
A Budget Adjustment is needed in the Plant Pumps and Equipment-WWTP for the purchase of macerator pumps
critical spare parts kit at the Westside WWTP. Budgeted funds from the completed Sanitary Sewer Rehabilition-Ramsey
and Overcrest project will be transferred to this project to cover the cost of this item. The budgeted funds being
transferred are cost saving after completing the Sanitary Sewer Rehabilition-Ramsey and Overcrest project.
COUNCIL DATE: 6/4/2019
LEGISTAR FILE ID#: 2019-0255
L C }f utche
4/23/2019 4:39 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL - - v.20190115
Increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
— i
5400.730.5800-5414.00 27,244 - 02069 1 EX Plant Equipment Maintenance-Plant Eqi
5400.720.5700-5815.00 (27,244) - 14018 1 EX Sewer Improvements-Sewer ImprovemE
H:\Budget Adjustments\2019_Budget\City Council\06-04-2019\2019-0255 BA OVIVO,USA,Inc 1 of 1
RECEIVED
'JUN 2 6 2019
CITY OF FAYETTEVILLE
C
NORTH`�1EST ARKANSASITY CLERK'S OFFICE
'"em0ctkv
aette
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6190
Was inserted in the Regular Edition on:
June 13, 2019
Publication Charges: $ 107.60
Cathy St gs
Subscribed and sworn to before me
This 17 day of �y, .r,,2019.
&1k LtA'
Notary Public
My Commission Expires: 42_vfkz�
�+ CATHY WILES
�! Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6190
File Number: 2019-0255
OVIVO USA, LLC:
AN ORDINANCE TO WAIVE COMPETITIVE
BIDDING AND ACCEPT A QUOTE IN THE
AMOUNT OF $24,823.15 PLUS APPLICABLE
TAXES, FROM OVIVO USA, LLC FOR THE
PURCHASE OF TWO CRITICAL SPARE
PART KITS FOR THE MACERATOR PUMPS
USED AT THE NOLAND AND WEST SIDE
WASTEWATER TREATMENT FACILITIES,
AND TO APPROVE A BUDGET
ADJUSTMENT
WHEREAS, with heavy wear the Macerator
Pumps used at the Noland and West Side
Wastewater Treatment Facilities are vulnerable
to unexpected part failures and spare part kits
will provide redundancy of the macerator pump
operations and ensure uninterrupted preliminary
wastewater treatment;
WHEREAS, Ovivo USA, Inc. is the sole source
provider of the screen -handling technology in
use at each plant, including the macerator
pumps, and they are not commercially available
through other vendors.
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 finds the above
circumstances make competitive bidding not
feasible or practical and therefore waives the
requirements of formal competitive bidding and
approves and accepts a quote in the amount of
$24,823.15 (plus any applicable taxes) from
Ovivo USA, LLC for the purchase of two critical
spare part kits for the Macerator Pumps used at
the Noland and West Side Wastewater
Treatment facilities.
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
Ordinance.
PASSED and APPROVED on 6/4/2019
Lioneld Jordan, Mayor
Sondra E. Smith, City Clerk Treasurer
74977629 June 13, 2019