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Home My WebLink About01-295 Resolution No. 01-295 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CARUS CHEMICAL COMPANY FOR SECTION II OF THE RIVER INTAKE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 02 . 020B (6) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Carus Chemical Company for chemical feed equipment for Section II of the River Intake Project, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 14 , 2001 Adopted: November 14, 2001 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • CITY OF ELGIN AGREEMENT FOR Attached description This Agreement is made and entered into this 31 day of October , 2001 by and between the City of Elgin("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and Carus Corporation , incorporated in the state of Delaware and having a principal place of business at 315 5th St, Peau IL 61354 ("the CONTRACTOR ). ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement,the Invitation for Bids(IFB)inducting all documents referenced therein and the Contractor's bid response(bid)thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the IFB and CONTRACTOR'S Bid. In the event there is a conflict between this Agreement and the bid documents, the bid documents shall supersede this G. Agreement ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a purchase order from the City and shall end on 12111/01 ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT inducing, but not limited to, the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control,(ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR'S reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, inducing, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen (14)days prior written notice. ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for services,the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as cirected by the Purchasing Director, incurred by the CITY as a consequence of procuring services as a result of any failure, omission or mistake of the CONTRACTOR in providing services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the orcinances of the CITY and if any such clause herein does not conform to such laws or orcinances, such clause shall be void(the remainder of the contract shall not be affected)and the laws or orcinances shall be operative in lieu thereof. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not dscriminate against any employee or applicant for employment because of race, color, religion,sex, ancestry, national origin, place of birth, age or physical hancicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incorporated by reference, as if set out verbatim. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and shall indemnify,defend and hold harmless the City,its officers,employees, boards and commissions from and against any and all daims,suits,judgments,costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractors officers, employees, agents or subcontractors in the performance of this agreement, inducing but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify,defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. ARTICLE Xl. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. F ARTICLE XII. ENTIRE AGREEMENT. This CONTRACT embocies the whole agreement of the parties. There shall be no promises, terms, concitions or obligations other than those contained therein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. 0 TRACTOR / OF ELGIN ad Name and i i e yce rker Dennis Clark, CFO City Manager 3gEi9400 * See attached detail for Scope of Service, technical information and cost information. - CAR L!S Quotation Quotation No.: NA Quotation Type: Firm Date: October 18, 2001 Specific Service Site: Customer Site FOB: NA Payment Terms: Net 30 Days Shipment: NA Submittal: N/A This quotation is valid for 30 Days All Prices are in U.S. Dollars Carus Standard Terms and Conditions Apply Taxes and Applicable Fees Extra Carus Chemical Company appreciates your interest in CAIROX®Potassium Permanganate and is pleased to extend this service quotation. -ESN�•'. Qt1AN „ A :. :; =` : . : . 'D „ tIPTI ' }: 1 1 Onsite Start-up services and system modifications for the Cycle-Bin M Loss In Weight feed system,w/dual feeders $14,750 Note: Please see attached scope for this service To purchase as quoted: • Complete the "Quotation Accepted By"and address portion of this form • Fax this form to 1-815-224-6663. Quotation Prepared By: Quotation Accepted By: 7,41Z&' Signature: Mike Wagner Printed Name: Peter L. Bityou Equipment Sales & Marketing Coordinator Purchase Order#: Bill to: City of Elgin Water Department Site Name: River Intake Pumping Station St. Address: St. Address: City, ST,Zip City, ST,Zip Elgin, IL Telephone: 847-931-6159 Telephone: 847-931-6159 SCOPE OF SERVICE Elgin, IL Loss in Weight CB dual Feeder System Scope of services to be provided. 1) On — site startup services. This includes operator training (class room and hands on) and maintenance training. 2) Construct a "cross over" connection line with valve between #1 and #2 application discharge piping. Piping to be schedule 80 PVC. 3) Remove audible alarm horn and replace it with a visible alarm lamp. The alarm lamp will be vapor tight, white globe, guard, and 60 watt bulb. The lamp will be mounted on the top of the control panel. 4) Following changes will be made to the control panel: a) The "Power" light lens will be changed from green to white b) The "Pressure Fault", "Bin Empty", "Dissolver#1 High Level" and "Dissolver#2 High Level" lights will be changed from red to white. c) A "Bin Empty" light will be added next to LT1 on the control panel front d) The PB04 label will be changed to "Reset Alarm" 5) The following contacts for remote control and monitoring will be added: a) Feeder#1 ON b) Feeder#1 OFF c) Feeder#2 ON d) Feeder#3 OFF e) Customer Alarm Status