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Home My WebLink About263-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 263-22 File Number: 2022-1007 JCI, INDUSTRIES, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $101,651.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI, INDUSTRIES, INC. FOR THE REBUILD OF AN AERATOR MIXER AT THE NOLAND WATER RESOURCE RECOVERY FACILITY WHEREAS, earlier this year Aerator No. 1, which is used at the Noland Water Resource Recovery Facility, was found to be mechanically unsound and was shipped to JCI Industries to disassemble, inspect, and provide a quote for repair of the mixer; 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 RESOLVED 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)(DD), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, accepts the quote in the amount of $101,651.00 (plus any applicable taxes and freight charges) from JCI Industries, Inc. for the repair of an aerator mixer used at the Noland Water Resource Recovery Facility. PASSED and APPROVED on 11/15/2022 Page 1 Printed on 11/16122 Resolution: 263-22 File Number: 2022-1007 Attest: �t�� r r r r►+r+ Kara Paxton, City Clerk Treasurer—:;• Q .~A rjV/'V •�oR�r • �ti11 Page 2 Printed on 11/16122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-1007 Agenda Date: 11/15/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.7 JCI, INDUSTRIES, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $101,651.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI, INDUSTRIES, INC. FOR THE REBUILD OF AN AERATOR MIXER AT THE NOLAND WATER RESOURCE RECOVERY FACILITY WHEREAS, earlier this year Aerator No. 1, which is used at the Noland Water Resource Recovery Facility, was found to be mechanically unsound and was shipped to JCI Industries to disassemble, inspect, and provide a quote for repair of the mixer; 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 RESOLVED 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)(DD), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, accepts the quote in the amount of $101,651.00 (plus any applicable taxes and freight charges) from JCI Industries, Inc. for the repair of an aerator mixer used at the Noland Water Resource Recovery Facility. City of Fayetteville, Arkansas Page 1 Printed on 1111612022 City of Fayetteville Staff Review Form 2022-1007 Legistar File ID 11/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 10/27/2022 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a quote from JCI Industries, Inc. in the amount of $101,651.00 plus applicable taxes and freight charges to rebuild an aerator mixer for the Noland Water Resource Recovery Facility. 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 $ 1,459,141.00 Funds Obligated $ 985,321.19 Current Balance $ 473,819.81 Does item have a cost? Yes Item Cost $ 111,561.97 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 362,257.84 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Freight is included in the quoted price. Taxes are estimated at $9,910.97 for an estimated total of $111,561.97. CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 15, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: October 27, 2022 CITY COUNCIL MEMO SUBJECT: JCI Industries, Inc. — Aerator Mixer Rebuild for Noland WRRF RECOMMENDATION: Staff recommends the approval of a quote from JCI Industries, Inc. in the amount of $101,651.00 plus applicable taxes and freight charges to rebuild an aerator mixer for the Noland Water Resource Recovery Facility. BACKGROUND: The Noland Water Resource Recovery Facility utilizes 16 mechanical aerators to provide oxygen to the biological treatment process in the aeration basins. There are 8 aerators in each basin. Earlier this year routine vibration analysis indicated a problem with Aerator No. 1 in the west biological basin. A realignment of the shaft was performed, which did not correct the problem. Next the motor and the aerator were separated and individually tested. It was found that the motor was fine, and the problem was with the aeration unit. The aerator was removed and shipped to the JCI Industries authorized repair facility in Lee's Summit, MO for a hidden damages inspection. DISCUSSION: The City has received a quote from JCI Industries in the amount of $101,651.00 plus applicable taxes to make repairs to Aerator No. 1. JCI's proposal includes teardown and inspection, new bearings, seals and the remanufacture of certain components within the aerator. JCI industries will also reassemble and test the unit. Freight is included in the quoted price. Taxes are estimated at $9,910.97 for an estimated total of $111,561.97. 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). The aerators are a critical part of the treatment process, as it suspends the solids in the biological basin for proper oxidation of the wastewater, and provides dissolved oxygen for the biological process. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available in the Plant Pumps and Equipment — WWTP account within the Water and Sewer Fund. Attachments: Quote from JCI Industries ci Fayetteville AR, City of 113 West Mountain Fayetteville, AR 72701 Phone: 479-575-8284 Fax: 479-575-8257 Attention: Josh Alleman Subject: Lightnin LAT-160 Mixer Rebuild Quotation #: 0800217079K_D_Rev1 Please refer to this number when ordering Josh Alleman: JCI Industries, Inc. 1161 SE Hamblen Rd. Lee's Summit, MO 64081 Tel: 816-525-3320 Thursday, October 13, 2022 JCI Industries, Inc. would like to thank you for the opportunity to provide a proposal on the above referenced service. We appreciate the opportunity to provide our equipment and services. Please contact us if you have any questions regarding this offering. Thank you. Best regards, Kevin Dick Applications Engineer JCI Industries, Inc. Jason Rector Sales Engineer JCI Industries, Inc. JCI Industries, Inc. 1161 SE Hamblen Rd. Lee's Summit, MO 64081 Tel: 816-525-3320 Thursday, October 13, 2022 Quote #: 0800217079K_D_Rev1 1.00 Lightnin LAT-160 Mixer Rebuild Findings: • Pinion Gear and Bevel gears are pitted and damaged • The low speed gear has some surface corrosion but can be cleaned and reused • The low speed pinion shaft is pitted • The upper shaft is damaged and pitted at the bearing and seal areas • Oil was leaking out of the main housing at the lower seal off the low speed shaft • Tapered shaft sleeves are worn and loose on the shaft when received • The following bearing fits are out of OEM spec: o Low Speed Housing's lower bearing fit o Pinion Bearing Housing's inner and outer bearing fits o High Speed Housing's upper bearing fit o Upper Member Housing's bearing fit o Floating Bearing housing's fit Work Scope: • Machine prep, sleeve and finish machine the bearing housing bearing fits noted above • Spray and machine low speed shaft at bearing journals • Clean and assemble with the new components • Apply industrial enamel to the exterior • Prep for shipment Replace the following parts: • 190858PSP - Key (1 x 3/4 x 4 5/16) - $117 • 206979PSP - Low speed spacer - $1,387 • 115444PSP - Oil Seal - $257 • 104665PSP - Hex socked set screw (2) - $83 • 119740PSP - Bevel gear set - $26,097 • 206983PSP - Shaft sleeve (4.75 x 3.9 x 2.5) - $1,075 • 206981 PSP - Spacer - $138 • 125507VEL - Gasket - $40 • 202323PSP - Flexible coupling seal (2) - $215 • 202285PSP - Gasket - $254 $101,651.00 • 202355PSP - Flexible coupling packing ring - $270 • 117036PSP - Spherical roller bearing (2) - $2,341 115405PSP - Oil seal (2) - $308 • 113962PSP - Nut - lock and washer (2) - $527 • 138777STL - Solid adapter sleeve (6.66 x 7.75 x 2) (2) - $964 • 113986STL - Split adapter sleeve (6" shaft x 7.5) (2) - $3,358 117035PSP - Spherical roller bearing - $2,336 • 221531 PSP - Level 1 Repair kit - $12,719 • 112917PSP - Thrust plate - $366 Broken Out Pricing: Parts Subtotal: $52,852 Labor Subtotal: $48,799 Terms & Conditions Lead Time 12-14 Weeks After Payment Terms Net 30 Receiving Order Shipping Method Best Way Shipping Terms Prepaid and Added to Invoice F.O.B. Warehouse Due to current market conditions, please confirm pricing at point of order. ci JCI Industries, Inc. 1161 SE Hamblen Rd. Lee's Summit, MO 64081 Tel: 816-525-3320 STANDARD TERMS of SALE 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. Pricing will be reviewed upon the announcement of any tariffs pertaining to the importation or exportation of key components, or products in their entirety. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 1/2% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's reasonable costs (including attorneys' fees) of collecting amounts due but unpaid. 3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation. 4. Ownership of Materials. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non-exclusive, non -transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such material to third parties without Seller's prior written consent. 5. Changes. 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. Warr;)ntv Subject to the following sentence, Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under warranty, tort or any other legal theory. If Buyer gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance, whichever occurs first (the "Warranty Period"), 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 WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 7. Indemnity. Seller shall indemnify, defend, and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third - 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. Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the COVID-19 pandemic or any future epidemic, and Buyer shall not be entitled to any damages resulting thereof. 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. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 11. Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms contained in Buyer's documents, unless separately signed by Seller. No part of the Agreement 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 Delaware 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 JCI's judgment, does not justify the terms of payment specified herein, JCI may require full or partial payment in advance, or an acceptable for of payment guarantee such as a bank letter of credit, or other modifications to terms of payment. 13. Back Charges: JCI shall not be liable for any charges incurred by Purchaser for work, repairs, replacements, or alterations to the Products, without JCI's prior written authorization, and any adverse consequences resulting from such unauthorized work shall be Purchaser's full responsibility.