HomeMy WebLinkAbout154-19 RESOLUTIONOF FAYETTf
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4RKANSPS
113 West Mountain Street
Fayetteville AR 72701
(479)575-8323
Resolution: 154-19
File Number: 2019-0314
HACH COMPANY:
A RESOLUTION TO APPROVE THE PURCHASE OF 3 AUTOMATIC SAMPLER UNITS FROM
HACH COMPANY FOR THE WEST SIDE WASTEWATER TREATMENT FACILITY IN THE
AMOUNT OF $17,783.54 PLUS APPLICABLE TAXES, 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 3 automatic sampler units from HACH Company for the West Side Wastewater Treatment Facility
in the amount of $17,783.54 (plus any applicable taxes).
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 7/2/2019
Page 1
Attest:
Sondra E. Smith, City Clerk T
♦�,`y GLERk/�i��i
S••' C1Ty ••'Ac��'
•
=c>ii:
. City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
i
Text File
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File Number: 2019-0314
Agenda Date: 7/2/2019 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: A 6
HACH COMPANY:
File Type: Resolution
A RESOLUTION TO APPROVE THE PURCHASE OF 3 AUTOMATIC SAMPLER UNITS FROM
HACH COMPANY FOR THE WEST SIDE WASTEWATER TREATMENT FACILITY IN THE
AMOUNT OF $17,783.54 PLUS APPLICABLE TAXES, 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 3
automatic sampler units from HACH Company for the West Side Wastewater Treatment Facility in the amount
of $17,783.54 (plus any applicable taxes).
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 Paye 1 Printed on 71312019
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2019-0314
Legistar File ID
7/2/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/11/2019 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of the purchase of three (3) HACH brand automatic sampler units for the West Side
wastewater treatment facility in the amount of $17,783.54 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
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Remaining Budget
Project Title
$
992,789.00
$
987, 504.30
�$� 5,284.70
$
19,517.44
$
19,518.00
$
5,285.26
V20180321
Previous Ordinance or Resolution #
Approval Date:
Comments: Taxes are estimated at $1,733.90 for a total of $19,517.44.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 2, 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: June 11, 2019
CITY COUNCIL MEMO
SUBJECT: Automatic Sampler Units for the West Side Wastewater Treatment Facility
RECOMMENDATION:
Staff recommends the approval of the purchase of three (3) HACH brand automatic sampler
units for the West Side wastewater treatment facility in the amount of $17,783.54 plus
applicable taxes, and approval of a budget adjustment.
BACKGROUND:
The Noland and West Side Treatment Facilities both utilize a set of one (1) influent and two (2)
effluent automatic samplers (autosamplers) per NPDES permit requirements for sampling
incoming and outgoing facility flow. The autosamplers provide key sample -related functions that
include 24 -hr compositing, flow -proportioned measurement, and continuous sample
refrigeration. These functions are necessary for ensuring the integrity of laboratory methodology
and ultimately permit reporting compliance. Both facilities have traditionally used Teledyne -
brand, ISCO model autosamplers. In recent years, ISCO's most recent model autosamplers
experience a significant equipment malfunction where the units suddenly stop sampling due to
an unexpected loss of programmed control settings. Secondly, the ISCO samplers have a
historic trend of refrigeration unit failure within the 2-3 year range of equipment life. The
reliability of the autosamplers are essential for NPDES permit compliance. This is especially
true for the West Side facility as five (5) refrigerated, 24 -hr composite samples of the effluent
are required to be collected every week from Monday to Friday. Unfortunately, the current
permit language doesn't allow room for any make-up or alternate sample day(s), so a non -
refrigerated or interrupted 24 -sample cycle could result in multiple technical permit violations.
Staff recommends an initial pilot test, starting at the West Side facility, of HACH's AS950 All-
weather, refrigerated unit as an alternative model autosampler. The HACH-brand is a global
leader in the water recovery industry and comes with over 80 years of water analysis knowledge
and experience. Additionally, Jacobs has an existing service agreement with HACH for
maintenance and troubleshooting of various water -analysis instrumentation at both treatment
facilities. A trial of HACH autosamplers will provide coverage under the existing troubleshooting
and expertise service agreement with Jacobs.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Recently, one of the West Side's effluent autosamplers has continued experiencing sudden loss
of programmed control settings. Unfortunately, Teledyne has yet to determine if the control
module error is due to a hardware or software malfunction. Also, Teledyne has yet to offer a
corrective software patch or make available an updated model of sampler control module. At
Teledyne's recommendation, staff have installed back-up batteries. The back-up batteries have
decreased the number of malfunction occurrences, but unfortunately have not been completely
successful at addressing the root cause. Since the ISCO-model autosamplers have a consistent
trend of equipment unreliability staff recommends a pilot -trial of replacement autosamplers at
the West Side facility with HACH-brand units for evaluation as a long-term alternative model for
both facilities. Because the facility's autosamplers are interconnected to existing flow -monitoring
instrumentation it is important to replace all three units with a common make -model to maintain
a common autosampler program -control protocol. Fortunately, the swapped ISCO-model
autosamplers can be mostly reused as critical spares for the Noland facility as needed. HACH
recently submitted a low -bid quote for three (3) autosamplers kits that meet the facility's influent
& effluent sample needs. This purchase will replace the failing effluent autosampler, ensure
back-up redundancy and provide a helpful evaluation of alternative technology for increasing the
long-term reliability to the autosampling process. Staff recommends approval of the purchase of
three (3) HACH brand autosamplers in the amount of $17,783.54 plus applicable taxes for use
at the West Side wastewater treatment facility. This amount includes shipping charges in the
amount of $1,260.00.
BUDGET/STAFF IMPACT:
A budget adjustment from the Sanitary Sewer Rehabilitation — Ramsey and Overcrest account
will be necessary to fund this purchase of the automatic sampler units. The budgeted funds
being transferred are cost savings left over after completing the sewer rehabilitation project.
Attachments:
Quotes
Budget Adjustment
1
Be Right -
Quote Number: 10044S142vS
Use quote number at time of order to ensure
that you receive prices quoted
Quote Date: 24 -Apr -2019
CITY OF FAYETTEVILLE
113 W MOUNTAIN ST
FAYETTEVILLE, AR 72701-6083
Name: Nick King
Phone: 479-443-3292
Email: Nicholas.King@jacobs.com
Customer Account Number: 129593
Quote Expiration: 28 -Jun -2019
Sales Contact: Darren Waciawski Email: dwaclaws@hach.com Phone: 970-214-9383
Quotation
Hach
AS950AWRS, 115V W/HTR,S.SGAL POLY. Standard lead time 5
PO Box 608
7,425.00
Loveland, CO
80539-0608
Phone:
(800) 227-4224
Email:
quotes@hach.com
Website:
www.hach.com
�1 ASA.CXXX2X11XX
AS950AWRS, 115V W/HTR,S.SGAL POLY. Standard lead time 5
3
7,425.00
30%
5,197.50
j
15,592.50
days.
ASSY,1 JUNCTION BOX, AS950 AUXILIARY. Standard lead time 5
2 9501000
2
336.00
30°5
235.20
470.40;
days.
3 600.50
Pump tubing, 50 ft.. Standard lead time 1 days.
1 !
359.00
30%
251.30
251.30:
14 926
Strainer, Teflon/stainless steel . Standard lead time 1 dans.
3
99.69
30%
69.78
209.341
Freight: Prepaid By Shipper - Agreement
FCA: Hach's facility
All purchases of Hach Company products andtor services are expressly and without limitation subject to Hach Company's Terms & Conditions of Sate ("Hach TCS"), incorporated
herein by reference and published on Hach Company's website at •ww•w. hach.comfterrns. Hach TCS are contained directly and/or by reference in Hach's offer, order acknowledgment,
and invoice documents. The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale "Contract" in accordance with the
Hach TCS: (i) Buyer's issuance of a purchase order document against Hach's offer; (11) acknowledgement of Buyer's order by Hach; or (ill) commencement of any performance by Hach
pursuant to Buyer's order. Provisions contained in Buyer's purchase documents (including electronic commerce interfaces) that materially after, add to or subtract
from the provisions of the Hach TCS are not part of the Contract.
Due to International regulations, a U.S. Department of Commerce Export License may be required. Hach reserves the right to approve specific shipping agents. Wooden boxes suitable
for ocean shipment are extra. Specify final destination to ensure proper documentation and packing suitable for International transport. In addition, Hach may require : 1). A statement
of Intended end-use; 2).Certification that the intended end-use does not relate to proliferation of weapons of mass destruction (prohibited nuclear end use, chemical f biological
weapons, missile technology); and 3). Certification that the goods will not be diverted contrary to U.S, andtor applicable laws in force In Buyer's jurisdiction.
ORDER TERMS:
Terms are Subject to Credit Review
Please reference the quotation number on your purchase order,
Sales tax Is not included. Applicable sates tax will be added to the Invoice based on the U.S. destination, If applicable provide a resale,is—ption certificate.
Shipments will be prepaid and added to invoices unless otherwise specified.
Equipment quoted operates with standard U.S. supply voltage.
Hach standard terms and conditions apply to all sales.
Additional terms and conditions apply to orders for service partnerships.
Prices do not Include delivery of product. Reference attached Freight Charge Schedule and Collect Handling Fees.
Standard lead time Is 30 days.
This quota is good for a one time purchase.
Pa=t: I of -2
HAArCH COMPANY
TERMS & CONDITIONS OF SALE FOR iiAC.ii COMPANY PRODUCTS AND SERVICES
4 inod1 fice ter City -Wc ra-- v 111 c 5±2012
This document sets forth the Terms & Conditions of Sale for goods manufactured
and/ox supplied, and smiees provided, by Hach Company of Loveland, Colorado
("Aach") and sold to the original purchaser thereof (-Buyer")- L'.nlem otherwise
specifically stated herein, the term "Bach -includes only Hach Company and none
of its affiliates. T)ntess otherwise specifically stated in a previously-exctuted written
purchase agreement signed by authorized representatives of Hach and Buyer, these
Terms & Conditions of Sale establish the rights, obligations and remedies of Hach and Buyer
which apply to this offer and any resulting order or contract for the sale off Inch's goods
and/or seirvices ("Products").
L APPLICABLE TERMS & CONDITIONS: These Terns & Conditions of Sale are
contained directly andior by reference in ihrch's offer, order acknowledgment.
and invoice documents. The Grit of the following acts carstitutes an acceptance of
Mach's offer and not a counteroffer and creates a contract of sale ("Contract") in accordance
with these Terms & Conditions: (i) Huger's issuance of a purchase order document
against Hach's offer, (ii) acknowledgement of Buyer's order by Ifach: of (iii)
commencement of any performance by I Inch pursuant to Buyer's order. Provisions
contained in Buyer's purchase documents (including electronic commerce interfaces)
that materially after, add to or subtract from the provision of these Terms & Condition,
of Sale arc not a part of the Contract
CANCELLATION: Buyer may cancel goods orders subject to Seir charges for Hach's
expenses including handling, inspection, restocking, freight and invoicing charges as
applicable, provided that Buyer returns such goods to Hach at Buyer's eapetise within
30 days of delivery and in the same condition as received. Buyer stay tanccl scrvicc orders
on ninety (90) day's prior wririen notice and refunds will be prorated based oft the duration
of the service plan- inspections and re -instatement fees may apply upon cancellation dr
expiration of arrvicc programs. Seller may, cancel all or fan of any order prior to delivery
without liability if the order includes any Products that Seller determines may not comply
with export, sa€sty, local certification, or other applicable compliance rcgtliremcnts.
3. DELIVERY: Delivery will be accomplished FCA Hou - atad-io
•S+n s;q rfret-fry'rlar+d; €-ultra'sora.-i-4cetecl,5urtc..t:u}a'• lia lity, 1't.l_!-;_11TVIIJ.�L'A,rWR.
(Incoterms 2010). For orders having a final destination within the U.S., legal tide and risk of
loss or damage pass to %yer.._+renWr-tn»r.,der-.-re...ttnaFor orders
having a final destination outside the U.S., legal title and risk of loss or damage pass to
Buyer when the Products enter intrrnsrtional wetelN o eirspacc in cross an
international frontier. Mach will use commercially reasohsble efforts to deliver tine Products
ordered herein within the time specified on the face of this Contract or, if no time is
specified, within Hach's normal lead-time necessary for Bach to deliver the Products sold
hereunder. Upon prior agreement with Buyer and for an additional charge, Hach will
deliver the Products on an expedited basis. Standwtl service delivery hours are 8 am
- 5 pm Monday through Friday, excluding holidays.
4. INSPECTION: Buyer will pronpdy inspect and accept any Products delivered
pursuant to this Contract alter receipt of such Products. In the event the Products do not
conform to any applicable specifications, Buyer Will promptly notify Hach 01' such
noncantixmunce in writing. Ilach will have a reasonable opportunity to repair or replace
the nonconforming product at its option_ Buyer will be deemed to have accepted
any Products deliveredhereunder and to have waived any such nonconformance in the
event such a written notification is not received by Hach within dnuty (301 days of dclivay,
5_ PRICES & ORDER SIZES: All prices are in U.S. dollars and are based on delivery as
stated above. Prices do not include any charges for services such as insurance; brokerage
fees; salts, use, inventory or excise taxes; import or expert cu,ics; special financing
fees; VAT, income or royally taxes imposed outside the U.S.; consular tees; special
permits or licensee, or other charges impusud upon the production, sale, distribution, or
delivery of Products. Buyer will either pay any and all such chwgcs or provide Hariu
with acccplableexcmptlon certificates, which obligation survives performance tinder
this Contract. Hach reserves the right to establish minimum order sizes and willadvisc
Buyer accordingly.
& PAYMENTS: All payments must be made in U.S. dollars. For Internet orders,
the purchase price is due at the time and msuhncr set firth at www.hach.con.
Invoices for all ether orders are due and payable NFT 30
DAYS from date of the invoice without regard to delays fox inspection or
transpentatinn, with payments to be made by check to Halt at the above address or
by wire uensier to the account stated on the front of ffach's invexce, or for customers with
no established credit, Hach may require cash or credit card payment in advance of delivery.
In the event payments arc not made or not made in a timely manner, Hach may, in
addition to all outer remedies provided at law, either. (a) declare Buyer's
performance in breach and terminatr this Contract fin default; (b) withhold future
shipments untildelinqucnt payments art made; (c) deliver future shipments on a cash-
with- order or cash -in -advance basis even after the delinquency is cured: id? t s sour
�r.•.s'_..slri;.r syn - > „ oo* oil e .. ,'-F.» ttA m L-+tt'n3o-t ,-.• " to '-i+r--4:aw;-4
fv v ,,, ku-+z, A e11<xs411 ,.+ pn�4-thereat'.,4 1eh iqu ,n y ,n laayvrer .-, r4, �pkaiet*te- -
�l+na_r �srsf.r �wmF� tmry;rnz c z+rgr=,k (c) repossess the Products for which payment has
not been made; (f) recover all casts of collection including reasonable attorney's foes', or (g)
combine any of the above rights and remedies as is practiubic and permitted by law. Buyer
is prohibited from setting off any and all monies owed under this front any other sums,
whether liquidated or not, that arc or may be due Buyer, which arise out of a different
transaction with Hach or any of its affiliates. Should Buyers financial responsibility
become unsatisfactory to Hach in its reasonable discretion, Hach may require cash
payment or other security. If -Buyer fails to meet these requirements, Hach may trent such
failure as reasonable grounds for repudiation of this Contract'; in which use reasonable
cancellation charges shalt be due Hach. Buyer grants IInch ',a security interest in the
Products to secure payment in full, which payment releases theses city interest but only it
such payments could not be considered an avoidable transfer under the U.S, Bankruptcy
Cada or taher applicable laws. Buyer's insolvency, bankruptcy, assignment for the
be netit of creditors, or di,solution or termination of the existence of Buyer, constitutes
A default under this Contract and affrrds Hach all the remedies of a secured party under the
U.C.C., as well as the remedies stated above for late payment of non-payment See VJ1 for
further wire transfer requirements..
7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free
from defects in material and workmanship and will, when used in accordance
with the manufacturer's operating and maintenance iestmctions,conform to any express
written warranty pertaining to the specific goods purchased, which for most Hach
instruments is for a ptaionf of twelve (12) months from delivery. Hach warrants that
services furnished hereunder will i c free front defects in wademanship for a period of
ninety (90) days from the completion of the services. Parts provided by Hach in the
performance ofscr ices may be new or refurbished parts functitMing equivalent to new pato.
Any non-functioning parts that are repaired by Bach shall become the property of Hach. No
warranties arc extended to cmtsumablc items such as, without limitation, rcagarts.
batttrio, mercury cc1h, and light bulbs. All other gturantees. warrantees,
conditions and representations, either express or Implied, whether arising under
any statute, taw, colemernbil Range or otherwtae, Including implied warranties of
merchantability and. Goners for a particular purpose, are hereby excluded. the sole
remedy for Products net meeting this Limited Warranty is replacement, credit or refund of
the purchase price. This remedy will not be deemed to have failed of its essential purpose so
long as Hach is willing, to provide such replacement, credit or refund.
8. 1RESERA jJJ.#NiAi 4? N {C�7 P =qnd< pp=e dna nnrl w l<ec.�ue)+
fritiK-!:-ti+r6ti:'S^f"-:Y'tn•.....3:'....iifi '2t_T _...._I _l^4R: yi4,)4r.'tl'f
i 3ncteattrfiftaei-41ar{i—Hocl...i .r rsi v ho'4--W44-t{e±ae a yderm+t ti t ,f see}
4+.octet:;...ekne---$utiet--Tnetrsxnn+G+aai."_'Penain�t-- all.._ • rvf:-r+ryrrni+c�'-+as.
unttott(.gr�:-a+1+wNtrev-€.ir.tt#t-frfttr+t�:i<iwrt. -iraj{tux;;-,rgd+-.?r-d>tode'duaie�'flash=v-19wr+ac•1-:�f
tkr l:ientut # �4=.srrmatr-Berwtr asr'supe*rwib7.rxi*.»ud v ii:-de9ene-an t+zrreiiy,wJ N444, -roma,
=.§er-??a':r7t- Jredeetnnitieti}-Pextirs-gtwtm=,t'al#-lasers+-s<laira>c,;' est.rni�-�:+>s-'de++nt:'t � ''�+irieir-sorry
o><-f+Jt 4µr»a+.v�icfm+rt_.-eratitary dasitair:«fr a#etuiu-tides'1aete;xi+geeaerh-±edr_�de�e-s+r wmiaegrpli�tu�++:
_,>y ec«r+d--arservler'..,.ierixtao-aNawye-tatettrnre?r'^t�rw-prew„i+?tt :,1=tifis#=•+wtruc+-kr+
:»e-t?�, tt-aliil>-++'th,:x<a-dmf+i.++ssd-J'>tr-cattle,fillet-tmv-e-s-Baty-w±alxt3m:mf 'kfarier-'-:
v.,vkcr:._:+,ttrpa+cnai+ew-itntndnrY+-'i'f-e+tv:d .-cif-}-+s`...;inua...its.i,e errrhsrrieswserr:
9. PATENT PROTECTION: Subject to all limitations of liability provided herein,
Hach will, with rospeet to any Products of Hach's design or manufacture. indemnify' Buyer
fi-ton any and all damages and costs as tinally dctcrmined by a comm of competent juri>dictiom
in any suit fix infiingemcnt ofanyU.S. patent (or European patent for Products that Hach
sells to Buyer for end use in a
L't�t/�'✓('
TERMS AND CONDITIONS OF SALE FOR HACHS PRODUCTS
member state of the E.U.) that has issued as of the delivery date, bolely by rcustm of
the sale or normal use of any Products sold to Breyer hereundo, and from reasonable
expenses incurred by Buyer in defense of such suit if Hach does not undertake the
defense thereof; provided that Buyer promptly notifies Hach of such suit and offers Hach
either (i) full and exclusive control of the defense of such suit when Products of Hach
only are involved. or (ii) the right to participate in the detense of such suit when products
ether than those ofilach are also involved. Hash's warranty as to use patents only
applies to infringement arising solely out of the inherent operation of the Products
according to their applications as envisioned by Hach's specifications. in case the Products
are in such suit held reconstitute infringement and the use uftbe Products is enjoined, Hach
will at its own expense and at its option, eitherprocure for Buyer the right to
continue using such Products or replace them with nun -infringing products, or modify
them so they become non -infringing, or remote the Products and refund the purchase
price (prorated for depreciation) and the transportation costs thereof. The foregoing
states the entire liability of Hach for patent infringement by the Products. Furthe to the
same "acaht as set forth in Hach's above obligation to Buyer. Buyer agrees to defend.
indemnify and hold harmless Hath for patent intiingemcnt related to (x) any goods
manufactured to the Buvxr's design, (y) services provided in accordance with the Buyer's
instructions, or (z) Itach's Products wbc'n used in combination with any other devices, parts
or software not provided by Hach hereunder.
10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any
indicia of marmtheturing origin or patent numbers contained or, or within the Products,
including without limitation the serial numbers or trademarks on nameplates or cast, molded
or machined components.
11, SOFTWARE AND DATA. All licenses to Mach's separately-providedsoftware
products are subject to the separate software license agreememis) accompanying the
software media_ In lite absence of such express licenses and fir all other snfiware, Hach
grants Buyer only a personal, non-exclusive license to access and use the software
provided by Hach with Products purchased hereunder solely as necessary tar Buyer to
enjoy the benefit of the Products. A portion of the software may contain or consist of open
source software, which Buyer may use under the terms and conditions of the specific
license under which the open sauce sollware is disrrihutef. Buyer agrees that it will be
bound by all such license agreements. Title to software remains with the applicable
licen"s). In connection with Buv"*s use of Products, Hach may obtain, receive, or
collect data or information, including data produced by tore Products. In such cases, Buyer
grants Hach a non-exchtsivo, worldwide, royalty -fret, perpetual, non -revocable license
to use, compile, distribute, display, store, process, reproduce, of create derivative works
of such data or to aggregate such data foruse in an anonymous manner, solely to facilitate
marketing, sales and R&D activities of Bach and its afiiliatcs.
12. PROPRIETARY INFORMATION; PRIVACY: "Proprietary Information" means
any information, technical data or know -bow in whatever font whether documented.
contained in machine readable or physical componcots, mask works or artwork, or
otherwise, which hath considers proprietary, including but not limited to service and
maintenance manuals. Buyer and its customers, employe and agents will keep confidential
all such Proprietary Information obtained directly or indirectly from tiach and will tint
transfer or disclose it. without Hach's prior written consent, or use it for the manufacture,
procurement, servicing or calibration of Products or any similar products, or cause such
products lobe manufactured, serviced or calibrated by or procured from any other source,
or reproduce or otherwise appropriate it. All such Proprietary Information remains Hach's
property. No right or license is granted to Buyer or its customers, employees or agents,
expressly or by implication, with respect to the Proprietary Information or any patent
tight or other proprietary right of Hach, except for the limited use licenses implied by taw.
Hach will manage Customer's information and personal data in accordance with its
Privacy Policy, located at c t eorht�-tr <h.t�x.
13, CHANGES AND ADDITIONAL CHARGES: Har -h reserves the right to make design
changes or improvements to any products of the same general class as Products being
delivered hereunder without liability or obligation to incorporate such changes
or improvements to Products ordered by Buyer unless agreed upon in writing before
the Products' delivery date. Services educt must be perftrntexd as a result of any of
the fiallowing conditions are subject to additiona; charges for labor, travel and
parts: (a) equipment alterations not authorized in writing by Hach; (b) damage
resulting from
v. 2018-09-17
improper use or handling, accident, neglect. power- surge, or operation in an environment or
manner in which the instrument is nut designexl to operate or is nut in acconLutce with
Hach's operating manuals; (c) the use of parts or accessories not provider( by Hach:
(d) damage resulting from acts of war, terrorism or nature; (e) services outside standard
business hours; it) site prework not complete per proposal.; or (g) any repair., required
to ensure equipment meets manufacturer's specifications upon activation of a service
agreement
la. SiTE ACCESS % PREPARATION i WORKER SAFETY ( ENVIRONMENTAL
COMPLIANCE: In ctxnhection with services provided by Haut, Buyer agrees to permit
prompt access to equipment. Buyer assumes Hill responsibility to back- up at otherwise
protect it% data against loss, damage o destruction betore serrvices are performed. Buyer
is the operator and in full control of" it+ premises, including chase area% where Hach
employees or contractors are pert'raming service, repair and maintenance activities. Buyer
will ensure that all necessary rnemures are taken for safety and security of working
conditions, sites arid installations during the performance of service;. Buyer is the generator
of any resulting wastes, including without limitation hacardmts wastes. Buyer is solely
responsible to arrange for the disposal of any wastes at its owu expense. Buyer will, at its
own expense, provide flack employees and contactors working on Buyer's premises with
all information and training required under applicable safety compliance regulations and
Buyer's policies. If the instrument to be serviced is in a Confined Spa" as that term is
defined under OSHA regulations, Buyer is solely responsible to snake it available to be
serviced its an unconfined space. Hach service technicians will not work in Confined Spaces.
In the event that a Buyer requires Hach employees or contractors to attend safety or
compliance training programs provided by Buyer, Buyer will pay Mach the standard
hourly rate and expense reimbursement for such training attended. The attendance at or
completion of such training does not create or expand any warranty or obligation of Hach
and does not serve to alter, amend, limit or supersede any pan ofthis Contract.
15. LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than
those identified in Hach's catalogs and literature as intended uses. Unless Bach has advised
the Buyer in writing, in no event will. Buyer use any Products in. drugs, food additives, fond
or cosmetics. or medical applications for humans or animals. In no event will Buyer use in
any application any Product that requires FDA 51 o(k) clearance unless and only to the extent
the Product has such tlearance. Buyer will not sell, transfer, export or re-export any
Mach Products or technology for use in activities which involve the design,
development, production, use or stockpiling of nuclear, chemical or biological weapons or
missiles, nor use Hach Products or technology in any facility which engages in activities
relating to such weapons. Unless the `ship -to" address is in Califbtnis, U.S.A., the Products
are not intended for sale in California and may lack rawkings required by California
Proposition 65; accordingly, unless Buyer has ordered Products specifying a California sbip-
to address, Buyer will not sell or deliver any Hach Products for use in California. Any
warranty granted by trade is void if any goals covered by such warranty we used for any
purpose not permitted hereunder.
16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS:
Unless mbawisc specified in this Contract, Buyer is responsible for obtaining any required
ontpon or import licenses, Buyer will comply with all laws and regulations applicable
to the installation or use of all Products, including applicable import and export: control
laws and regulations of thc U.S., E.U. and any other country having proper jurisdiction,
and will obtain all necessary export licenses in connection with any subsequent export, re-
export, transfer and use of all Products and technology delivered hereunder. Buyer will
comply with all local, nacu mal, and other laws of all jurisdictions globally relating to
anti -corruption, bribery, extortion, kickbacks, or similar matters which are applicable
to Buyer's business activities in connection with this Contract, including but not limited
to the I;.S. Foreign Corrupt Practices Act of 1977, as amended (tie "FCPA'"). Buyer agrees
that no payment of motley or provision of anytbing of value will he oftered, promised, paid
or transferred, directly or indiroctly, by any person or entity, to any government official,
government employee, or employee of any company owned': in part by a government,
political party, political party official, or candidate for any government office or political
party office to induce such organizations en persons to use their authority at influence
to obtain or retain an improper business advantage for Buyer or fur Hach, or which otherwise
constitute or have the purpose or effect of public or commcreial bribery, acceptance of
or acquiescence in extortion, kickbacks ow other uniawtul or improper means of obtaining
business or any
TERMS AND CONDITIONS OF SALE FOR HACH9 PRODUCTS
improper advantage, with respect to any of Buyer's activities related to this Contract.
Bach asks Buyer to "Speak Up!" if aware of any violatiur: of law, rceulatwn or our
Standards of Conduct( SOC") in relation to this Contract. See hLTYdanahct.coaintegrity.
and•cmTriliance and v. w.rlanahcrintcgrity coni for a copy of the SOC and for access to
fur Helpline portal_
17. RELATIONSHIP OF PARTIES: Buyer is not an agent or representative of Hach and
will not present itself as such under any 6reatrnsumm unless and to the extent it has been
formally screened by Haeh's compliance department and received a separate duly-authornxd
letter from Hach setting firth the scope and IimitaGons of such authorization_
18. FORCE MAJEURE: Hach is excused from performance of its obligations under this
Contract to the extent caused by acts or omissions that are beyond its control of, including
but not limited to Government embargoes, blockages, seizures or freeze of assets, delays
or refusals to grant an export or import license or he suspension Or revocation thercof,
or any other acts of any Government: tires, floods, severe weather conditions, err any other
acts of God; quarantines; labor strikes or lockouts; riots; suite; insurrecuons;
civil disobedicnce or acts of criminals or terrorists; war, material shortages or delays to
deliveries to Hach by third parties. In the event of the existence of any fore majauc
circumstances, the period of time for delivery, payment terms and payments undo any
letters ut'credit will be cxtaded tit a period of time equal to the pctiod of delay. If the torte
majeure circumstances extend fur six moths, Hach may, at its option, terminate this
Contract without penalty and without being demnod in default or in breach thereof.
19. NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract
or any rights or interests hereunder without Hach's prior written consent. Failure of
either party to insist upon strict perf'ormanee of any provision of this Contract, or to
exercise any right or privilege contained herein, or the waiver of any breach of the terms or
conditions of this Contract will not be construed as thereafter waiving any such terms,
catditions, rights, or privileges, and the same will continue and remain in force and effect
as if no waiver had occurred.
20. WIRE. TRANSFERS: Buyer and Hach both recognize that there is a risk of wirc fraud
when individuals impersonating a business demand immediate payment under new wire
transfer instructions. To avoid this risk, Buyer must verbally confirm any new or changed
wire transfer instructions by calling Bach at t1-970-663-1377 and speaking with
Hach's Credit Manager before transferring any monies using the new wire instructions.
Both patties agree that they will not institute wire traester instruction changes and require
immediate payment under the new instructions but will instead provide a ten { 10) day grace
period to verify any wire unnsfer instruction changes before any outstanding payments are
due using the new inslmeti res_
21. 1-10IITATiON OF LIABILITY: None of the Hach indemnified Parties Hilt be
liable to Buyer under any circumstances for any special, treble, incidental or
consequential damages, including without limitation, damage to or loss ofproperty
other than for the Products purchased hereunder; damages incurred in installation,
repair or replacement; lost profits, revenue or opportunity; loss of use; losses resulting
from or related to downtime of the products or inaccurate measurements "
reporting; the cost of substhute products: or claims of Buyer's cusl rnen for
such damages, howsnrver caused, and whether based on warranty, contract, and/or
tort (including negligence, strict liability or otherwise). The total liability of the Hach
Indemnified Parties arising out of the performance ur nonperformance hereunder or
Mach's obligations in connection with the design, manufacture. sale, deliver, and:or
use of Products trill in no circumstaoce exceed in the aagregatr a sum equal to
twice the amount actually paid to Hach for Products delivered hereunder.
22, APPLICABLE LAW AND DISPI. TF. RESOD TT1ON: The construction,
interpretation and performance bcteof and all transactions hereunder shall be governed by
the laws of dnc State oft*,W"Ari:au;a.W, without regard to its principles cr laws rcgardiug
conflicts of laws. If any provision of this Contract violates any Federal, State or local
statutes or regulations of any countries having jurisdiction ofthis transaction, or is illegal
for any reason. said provision shall be self-dcltnfng without affecting the validity of the
remaining provisions, y-o{ts.n-nth'wfsr:trreitic'at++ragseed-upcezt-;rriatt»-ik=at
and f3tttyna�:Eny<#t:�xtte-:'eia4itt±tor#itiir£tent:+rtt-A4ov r- s i y U+e p u iew*-Meal§ {+e
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23.- ENTIRE AGREEMENT & MODIFICATION: Theso Tums & Cundinurns of Sale
constitute the entire agreement between the parties and supersede any prior agreements
or repre_centations, whether oral or written, do change to or modification of these Terris &
Conditions shall be binding upon Hach unless in a written instrument specifically referencing
that it is amending these Tams & Conditions of Sale and signed by an authurizcd
representative of Hach. Hach rejects any additional or inctrtsistent Terms & Conditions
of Sale uttered by Buyer at any time, whether or not such terms or conditions materially
alcor the Txms & Conditions herein and irrespective of Itach's acceptance of Buyer's
;order tea the described goods and services.
laabumeut do SupPty, Ina
P.O. Box 1679, Hot Springs, AR 71902
141 Technic Circle (71901)
Phone: 501-262-3282 Fax: 501-262-4847
www.isiequip.com
May 9, 2019
TO: City of Fayetteville, AR
Project: Teledyne ISCO Sampler Quote
Quote #: 0519-06-0901
Dear Nicholas,
Please review and let me know if this meets you needs, or if I can be of any further service.
SCOPE OF QUOTATION
INSTRUMENT & SUPPLY, INC. IS PLEASED TO OFFER THE FOLLOWING
EQUIPMENT:
Three (3) Teledyne ISCO 5800 Refrigerated Samplers, includes:
• Controller, top cover, center section, base, distributor arm, two pump tubes, instruction
manual, pocket guide.
$5,911.00 x 3 = $17,733.00
0 Bottle Configuration Kit for single 20 Liter PE Bottle. Includes one PE bottle, 2 bottle
caps, and two tubes.
One (1) Pump Tubing Pack of 25.
Three (3) PP Weighted Strainers.
$205.00 x 3 = $615.00
$508.00
$80.00 x 3 = $240.00
One ( I ) 5800 refrigerated sampler multipurpose cable with 16 unterminated leads, 10 ft. (3 m). Includes instruction sheet.
$107.00 x 2 = $214.00
Freight is $370 per unit to Paul R Noland WRRF, 1400 N. Fox HUIIICI- IZd.. Fayetteville, AR
72701.
Delivery of all equipment is 4-6 weeks ARO. Applicable Sales Taxes and installation must be
added. One (1) day of installation supervision can be provided for $1,250.00. We will not enter
a confined space. Let me know if you have questions or concerns.
I of 2
Thank you for the opportunity.
Specific Terms and Conditions:
• Freight and taxes are NOT included to job site for all items.
• Terms are 30 days net, due upon shipment.
If you have any questions, please do not hesitate to contact me at the office number
above, at the following cell phone number 501-622-0479, or email me at
cenloeAisiequip.com .
Yours truly,
Chris Enloe
Vice President -Operations
2 of
From: NCLABS
To: Kina. Nicholas/FAY
Subject: [EXTERNAL] Refrigerated Sampler
Date: Thursday, April 25, 2019 3:44:07 PM
Attachments: image003.Dno
To: Fayetteville
Account #: 15169
Good afternoon Ashley/Nicholas,
Thank You for your inquiry.
Unfortunately, NCL does not offer refrigerated samplers.
However, we can make the suggestion on where to source one for the best price.
Teledyne ISCO is the main manufacturer of these units and you are able to purchase directly from
them.
I have listed their contact information below as well as a link to their website. If you purchase from
elsewhere, you will pay the middle man mark up.
Teledyne ISCO
4700 Superior St.
Lincoln, NE 68504
USA
Phone:
(800) 228-4373 or (402) 464-0231
Fax:
(402) 465-3022
Website Link:
https://www.teledyneisco.com/en-us/water-and-wastewater
If you have any questions, please reply to this email.
Thank you for your consideration.
Best Regards,
Paul
NCL of Wisconsin, Inc.
LABS nclabs.com
P.O. Box 8, Birnamwood, WI 54414
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 purchase of three (3) HACH brand
automatic sampler units for the West Side Wastewater Treatment facility. 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 savings after completing the Sanitary Sewer Rehabilition-Ramsey and
Overcrest project.
COUNCIL DATE: 7/2/2019
LEGISTAR FILE ID#: 2019-0314
Lick Rutcheww
6/13/2019 8:07 AM
Budget Director Date
TYPE:
JOURNAL #:
RESOLUTION/ORDINANCE
I
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
- _
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20190430
Account Name
5400.730.5800-5414.00
19,518 -
02069
1 EX
Plant Equipment Maintenance - Plant EqL
5400.720.5700-5314.04
5400.720.5700-5314.00
(5,280) -
(14,238) -
14018
14018
1 EX
1401 EX
Professional Services - Engineering Contr;
Professional Services -
K\Budget Adjustments\2019_Budget\City Council\07-02-2019\2019-0314 BA Auto Sampler Units 1 of 1