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Home My WebLink AboutORDINANCE 6260OF FPY ETTF J � V m ■ 9RkAN5Py 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6260 File Number: 2019-0738 JCI INDUSTRIES, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $19,874.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI, INDUSTRIES, INC. FOR THE REPAIR OF A SUBMERSIBLE PUMP FOR THE GREGG AVENUE LIFT STATION, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Pump No. 3 at the Gregg Avenue Lift Station was recently taken out of service and shipped to JCI Industries to disassemble, inspect, and provide a quote for a repair of the pump; and WHEREAS, pursuant to Ark. Code Ann. §19-11-203(14)(DD), formal competitive bidding is not necessary for the repair of "hidden or unknown damages." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that because of Ark. Code Ann. § 19-11-203(14)(EE), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, waives competitive bidding and accepts the quote in the amount of $19,874.00 (plus any applicable taxes and freight charges) from JCI Industries, Inc. for the repair of a submersible pump for the Gregg Avenue Lift Station. 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. Page 1 Printed on 11/20/19 File Number: 2019-0738 Ordinance 6260 PASSED and APPROVED on 11/19/2019 011 K / TR Attest: �.�`��G• GITY��•:9�,'''. OX, FAVE7?EVILLE. 1 4 %��•� Lisa Branson, Deputy City Cf✓�j'ON •CO �� "1111ni0i%% Page 2 Printed on 11120119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0738 Agenda Date: 11/19/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 1 JCI INDUSTRIES, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $19,874.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI, INDUSTRIES, INC. FOR THE REPAIR OF A SUBMERSIBLE PUMP FOR THE GREGG AVENUE LIFT STATION, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Pump No. 3 at the Gregg Avenue Lift Station was recently taken out of service and shipped to JCI Industries to disassemble, inspect, and provide a quote for a repair of the pump; and WHEREAS, pursuant to Ark. Code Ann. §19-11-203(14)(DD), formal competitive bidding is not necessary for the repair of "hidden or unknown damages." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that because of Ark. Code Ann. § 19-11-203(14)(EE), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, waives competitive bidding and accepts the quote in the amount of $19,874.00 (plus any applicable taxes and freight charges) from JCI Industries, Inc. for the repair of a submersible pump for the Gregg Avenue Lift Station. 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 1112012019 City of Fayetteville Staff Review Form 2019-0738 Legistar File ID 11/19/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 10/31/2019 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of the repair of a submersible pump for the Gregg Avenue Lift Station by JCI Industries, Inc. in the amount of $19,874.00 plus applicable freight and taxes, and approval of a budget adjustment. 5400.730.5800-5414.00 Account Number 02068.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: Water and Sewer Fund Upgrade/Replace Lift Stations Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 247,814.00 $ 247,813.69 $ 0.31 $ 21,811.72 $ 21,812.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Taxes are estimated at $1,937.72 for a total project cost of $21,811.72. CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 19, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director FROM: Greg Weeks, Area Manager DATE: October 31. 2019 CITY COUNCIL MEMO SUBJECT: JCI Industries, Inc. — Gregg Avenue Lift Station Pump Repair RECOMMENDATION: Staff recommends the approval of the repair of a submersible pump for the Gregg Avenue Lift Station by JCI Industries, Inc. in the amount of $19,874.00 plus applicable freight and taxes, and approval of a budget adjustment. BACKGROUND: One of Fayetteville's higher capacity lift stations, the Gregg Avenue Sewer Lift Station is the largest single feed into the Hamestring Lift Station. The lift -station is equipped with four 80 HP submersible pumps, all of which have all received over -haul maintenance in recent years. Pump No. 3 was most recently re -installed in February 2019 after rebuild maintenance. Staff recently pulled Pump No.3 in September in response to abnormal pump operation. A preliminary inspection by maintenance technicians revealed a damaged impeller, which led staff to suspect the pump's drive shaft could be also damaged. The pump was sent to JCI Industries, Inc. in Joplin for a full disassembly inspection and repair proposal. JCI found extensive internal pump damage stemming from a broken drive shaft. In addition to a new drive shaft, the repair quote calls for a replacement impellor, mechanical seals, and bearings. DISCUSSION: JCI submitted a price proposal for the repair of Pump No. 3 in the amount of $19,874.00. Staff recommends completion of the proposed repair of the lift station pump, freight is included in the quoted price and taxes are estimated to be $1,937.72 for a total project cost of $21,811.72. Because it was necessary to have the repair facility disassemble the units to determine the extent of hidden and unknown damage to equipment already purchased, a bid waiver and/or formal sealed bidding is not necessary according to Ark. Code Ann. §19-11-203(14)(DD). Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds will be moved from the Sanitary Sewer Rehabilitation account to the Upgrade/Replace Lift Stations account to cover the costs of the pump repair. Attachments: Quote from JCI Industries, Inc. Budget Adjustment CH2M Hill Engineers, Inc 1400 North Fox Hunter Road Fayetteville, AR 72701 Phone: 479-443-3292 Fax: 479-443-5613 Attention: Brian Daniels Subject: KSB Pump Repair Quotation #: 0717802983TW Please refer to this number when ordering Brian Daniels: JCI Industries, Inc. 2301 W. 20th Street Joplin, MO 64804 Tel: 417-623-4544 Fax: 417-623-3442 Monday, September 30, 2019 We are pleased to respond to your request for quotation with the following items. Please reference our quotation number on all related correspondence. If you have any questions or need additional information please give Jason Rector or myself call. Best regards, Tristan Watson Inside Sales JCI Industries, Inc. 6 .-7a 6'. v / ►.E%6*,' Jason Rector Sales Engineer JCI Industries, Inc. Quote #: 0717802983TW ,CI Industries, Inc. 2;01 '/.20th Street Joplin, MO 64804 Tel 417-623-4544 Fax: 4 17-623-3442 Monday, September 30, 2019 1.00 Repair of KSB KRTK250-401/606XNG-S Pump 1 $19,874.00 The following work will be completed: 1. Clean, disassemble and inspect 2. Replace the following purchased parts: - Upper and Lower Mechanical Seal - Rotor and Shaft Assembly - Bearings - Shaft Sleeve - O -Rings - Radial Shaft Seals - Seal Ring - Retaining Rings - Misc Fasteners 3. Assemble and Test Conditions Lead Time 5-6 Weeks After Receiving Order Payment Terms Net 30 Shipping Method Best Way Shipping Terms Prepaid and Added to Invoice F.O.B. Destination This Quotation is valid for 30 days. ,CI Industries, Inc. 2301 W. 20th Street Joplin, MO 64804 Tel: 417-623-4544 Fax: 417-623-3442 1. Applicable Terms. These terms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred to in Seller's purchase order, quotation, proposal or acknowledgment, as the case may be ('Seller's Documentation"). Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional or different terms in any of Buyer's forms or documents. 2. payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation provides otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller. All payments are due within 30 days after receipt of invoice. 3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation. 4. Ownership of Materials. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non-exclusive, non -transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such material to third parties without Seller's prior written consent. 5. Chances. Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of any contract including these terms. 6. Warranty, Subject to the following sentence, Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and (i) Seller shall have no other liability to Buyer under warranty, tort or any other legal theory. If Buyer gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance, whichever occurs first (the "Warranty Period"), Seller shall, at its sole option and as Buyer's sole remedy, repair or replace the subject parts or refund the purchase price therefor. If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's (a) operating and maintaining the Equipment in accordance with Seller's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Seller. Seller's warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Seller). THE WARRAN11ES SET FORTH IN THIS SECTION ARE SELLERS SOLE AND B(CLUSIVEWARRANTIESAND ARE SUBECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE 7. Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim. 8. Force Majeure. Neither Seller nor Buyer shall have any liability for any breach (except for breach of payment obligations) caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, act of government or any other cause beyond such party's reasonable control. 9. Cancellation. If Buyer cancels or suspends its order for any reason other than Seller's breach, Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension. 10. LIMITATION OF LIABILITY NOTWTHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITYARISING AT ANYTIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED TVVOTIMESTHE PURCHASE PRICE FAD FOR THE EQUIPMENT THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 11. Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement's and supersede any terms contained in Buyer's documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent. The Agreement shall be governed by the laws of the State of Arkansas without regard to its conflict of laws provisions. 12. Credit Approval: If at any time information available on Purchaser's financial condition or credit history, in Cl's judgment, does not justify the terms of payment specified herein, .D may require full or partial payment in advance, or an acceptable for of payment guarantee such as a bank letter of credit, or other modifications to terms of payment. Backcharges: D shall not be liable for any charges incurred by Purchaser for work, repairs, replacements or alterations to the Products, without D's prior written authorization, and any adverse consequences resulting from such unauthorized work shall be Purchaser's full responsibility. 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 Upgrade/Replace Lift Stations project for the repair of a submersible pump for the Gregg Avenue Lift Station. Budgeted funds from the Sanitary Sewer Rehabilitation project will be transferred to this project to cover the cost of this item. The budgeted funds being transferred are for sewer rehabilitation/replacement and maintenance. COUNCIL DATE: 11/19/2019 LEGISTAR FILE ID#: 2019-0738 L irk H uttche4-w 11/1/2019 7:28 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) HABudget Adjustments\2019_Budget\City Council\11-19-2019\2019-0738 BA JCI Industries, Inc. 1 of 1 GLDATE: RESOLUTION/ORDINANCE I CHKD/POSTED: TOTAL - _ v.20190924 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5400.730.5800-5414.00 21,812 - 02068 1 EX Plant Equipment Maintenance 5400.720.5700-5815.00 (21,812) - 02017 1 EX Sewer Improvements HABudget Adjustments\2019_Budget\City Council\11-19-2019\2019-0738 BA JCI Industries, Inc. 1 of 1 NORTHWEST ARKANSAS �emocrat VO AFFIDAVIT OF PUBLICATION RECEIVED DEC 0 9 2019 ,CITY,0F FAYETTEM EMWI(:'J.cW I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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. 6260 Was inserted in the Regular Edition on: November 27, 2019 Publication Charges: $ 96.20 Cathy St gs Subscribed and sworn to before me This �,,,x day of p, , 2019. A-otary Public My Commission Expires: 1 -4,_1, - **NOTE** Please do not pay from Affidavit. Invoice will be sent. \\``\`"aNtttrwrrra \� S�NpRA G. y,��''%,, r`�� •; •�p� AR 9�SAS iiNflslll�� Ordinance: 6260 File Number: 2019-0738 JCI INDUSTRIES, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $19,874.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI, INDUSTRIES, INC. FOR THE REPAIR OF A SUBMERSIBLE PUMP FOR THE GREGG AVENUE LIFT STATION, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Pump No. 3 at the Gregg Avenue Lift Station was recently taken out of service and shipped to JCI Industries to disassemble, inspect, and provide a quote for a repair of the pump, and WHEREAS, pursuant to Ark. Code Ann. § 19- 11-203(14)(DD), formal competitive bidding is not necessary for the repair of "hidden or unknown damages." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that because of Ark. Code Ann. § 19-11- 203(14xEE), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, waives competitive bidding and accepts the quote in the amount of $19,874.00 (plus any applicable taxes and freight charges) from JCI Industries, Inc. for the repair of a submersible pump for the Gregg Avenue Lift Station. 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 11/19/2019 Lioneld Jordan, Mayor Attest: Lisa Branson, Deputy City Clerk 75162874 Nov. 27, 2019