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HomeMy WebLinkAbout20-134 Resolution No. 20-134 RESOLUTION . AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH EVOQUA WATER TECHNOLOGIES, LLC FOR THE PURCHASE OF A CHLORINE EVAPORATOR • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Evoqua Water Technologies, LLC, for the purchase of a chlorine evaporator, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: : October 28, 2020 Adopted: : October 28, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 28th day of October , 2020, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Evoqua Water Technologies, LLC, a Delaware limited liability company, (hereinafter referred to as "Evoqua" or"Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase, and Evoqua shall sell the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. 3. LAW/VENUE. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Evoqua hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Evoqua agrees that service by first class U.S. mail to CT Corporation System, 208 S. LaSalle St., Suite 814, Chicago, IL 60604 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 5. MERGER. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 6. INTEREST. Evoqua hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 7. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable-for any reason, the remainder of this agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, Evoqua shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Evoqua hereby certifies, represents and warrants to the City that all of Evoqua's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Evoqua shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall 'have the right to audit any records in the possession or control of Evoqua to determine Evoqua's compliance with the provisions of this section. In the event the City proceeds with such an audit, Evoqua shall make available to the City Evoqua's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 9. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 10. CONFLICT. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto, the terms and provisions of this purchase agreement shall control. Specifically included and contemplated by the parties hereto by the above provision, it is hereby agreed that the following Standard Terms and Conditions of Attachment A shall not apply: 1) The second sentence of Paragraph 1 of such Standard Terms & Conditions; 2) The last sentence of Paragraph 4 of such Standard Terms & Conditions; 3) Paragraph 11 of the Standard Terms & Conditions; and 4) This Agreement shall not be governed by the laws of the Commonwealth of Pennsylvania. 11. PAYMENT. City shall pay the total sum of$54,861 within thirty (30) days of delivery or city's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes. 12. DELIVERY. Evoqua shall complete delivery of all goods on.or before December 31. 2020. 13. LIMITATION OF DAMAGES. In no event shall either party be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall either party be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 14. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at Evoqua's sole expense. 2 15. WAIVER. Neither party hcrcto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and.shall not be construed as, a waiver of any such rights. 16. INAPPLICABLE TERMS: Notwithstanding anything to the contrary provided herein, the following Terms & Conditions of Sale in Attachment A shall not apply: 1. Applicable Term; 2. Payment; 3. Delivery; 11. Dispute Resolution; 12. Export Compliance; 13. Limitation of Liability; and 15. Miscellaneous. 17. GOOD FAITH COMPLIANCE. Notwithstanding anything to the 'contrary provided herein, including but not limited to any attachments hereto, in no event shall the City's good faith compliance with the disclosure requirements of the Illinois Freedom of Information Act (5 ILCS • 140/1, et seg.) constitute or be construed.as a breach of this agreement. The person signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. • IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first above written. EVOQUA WATER TECHNOLOGIES, LLC CIT IN • Stratton G Tragellis Print Name Richard G. Koz , City Manager Attes . Signature Business Director. City Clerk Title FA Legal Dept\AgreementWurchase Agr-Evoqua-Chlorine Evaporater&Water Bath-9-17-20.docx • • ATTACHMENT A Z)I eVO Q UA WATER TECHNOLOGIES BUDGET PROPOSAL GAS FEED SYSTEM Project Name: Elgin Evaporator Replacement Proposal No.: 20 GF 017 JVO Proposal Date: 24-Jul-2020 Applications Engineer: Jonathan Villafuerte Sales Manager: Larry Graff Manufacturer's Rep: Peterson&Matz,Inc-Elgin, IL Contact: Dean Wiebenga Phone: 847.844.4405 SCOPE OF S UPPL Y Qty Description SERIES 50-200 EVAPORATOR 1 Wallace&Tiernan Series 50-200 evaporator with: $49,203 max capacity of 6000 ppd chlorine with 12 kW heater ASME rated pressure cylinder with cathodic protection NEMA 4 control panel-3ph,60hz,460/480V prewired and prepiped water circulating pump(prepiped) (1)gas pressure relief system (1)liquid line pressure relief system vent screens and bushing inlet/outlet line valves bottle of ammonia&jar of sodium sulfate Tank,EVAP 50-200 Water Bath 316 SS Spare Parts 1 Tank,EVAP 50-200 Water Bath 316 SS $5,658 725 Wooten Rd. Tel:+719-570-9600 Evoqua Water Technologies,LLC Colorado Springs,CO 80915 Fax:+719-380_9d44 evoQuA WATER TECHNOLOGIES SCOPE OF ENGINEERING The following documentation shall be provided by Evoqua: -Shop Drawing Submittal • Detailed Scope of Supply • Comments&Clarifications • Project Schedule • Technical Information/Equipment/Drawings Catalog Cutsheets Dimensional Drawings/General Assembly Drawings • Functional Schematics/Piping and Instrumentation Diagrams(when applicable) Electrical Schematics(when applicable) • Control Panel Layouts,Ladder Logic Diagrams(when applicable) • Receiving,Handling and Storage • Warranty Statement -Operation and Maintenance Manuals • Ordering Information • Warranty Statement • • Introduction • Safety Precautions • Preventive Maintenance General Information • Maintenance Record Card • Regional Offices • Technical Data • Installation • Operation • Service • Illustrations • Preventive Maintenance Kits and Spare Parts List • Additional Literature NOTE-In an effort to be environmentally responsible,one(1)hard copy of the submittal and O+M will be supplied and up to eight(8)copies will be supplied on CD-ROM.Additional hardcopies of the submittal and O+M can be supplied at a cost of$50.00 each. CLARIFICATIONS & EXCEPTIONS Section Part Description The scope of supply and pricing are based on Evoqua's standard equipment selection, standard terms of sale and warranty terms.Any variations from these standards may affect this budgetary quotation. Additionally,please note that this budgetary quotation is for review and informational purposes only and does not constitute an offer for NOTICE acceptance. Evoqua has quoted only from the request of Series 50-200 Evaporator ONLY no start- up or training included,no other specifications or documents were considered in this scope of supply.If any additional information becomes available wer reserve the right Specs to requote. ITEMS NOT INCLUDED IN SCOPE -Mechanical and electrical installation labor -Civil work including supply of anchor bolts -Interconnecting piping -Interconnecting wiring(unless detailed above) -Valves,fittings,appurtenances not specifically listed above -Installation supervision -All taxes,fees,lien waivers,certificates,bonds and licenses -Room ventilation,air conditioning,or lighting -Videotaping(unless a videotape agreement is signed) • 725 Wooten Rd. Tel:+719-570-9600 Evoqua Water Technologies,LLC Colorado Springs,CO 80915 Fax:+719-380-9424 OVO Q UA WATER TECHNOLOGIES COMMERCIAL OFFERING Payment Terms: 100%Due on Shipment of Equipment All payments are due 30 days from date of invoice and are not subject to retention. FCA: Factory Freight to Job Site: Included: Submittal: Not Included Shipment: 5-6 weeks after receipt of full information and approved drawings(when required) Startup: Not Included . Training: Not Included • Extended Warranty: Not Included Price: To Follow • Other Conditions: 1) Evoqua Water Technolgies,LLC(Evoqua)proposes to furnish materials,and/or equipment for the project identified at the beginning of this proposal. Any items not shown above as detailed under(i)'SCOPE OF SUPPLY',(ii)'SCOPE OF ENGINEERING'',or(iii)other attachments to this proposal,are EXCLUDED. In addition: a. Evoqua'price will be held valid for a period of 90 days from the date of this proposal("Proposal Date"); provided,however,in the event(A)Evoqua receives an order from Buyer within 90 days from the Proposal Date and the percentage change in the U.S.Department of Labor Consumer's Price Index(all • items)(the"Index")as it existed two months prior to the Proposal Date and the Index as it existed two months preceding the month in which Evoqua receives Buyer's order is greater than 10%,then Evoqua shall have the right to reprice this proposal or(B)Buyer's order is received more than 90 days beyond the Proposal Date,then Evoqua shall have the right to reprice this proposal. b. Prices are in US Dollars. c. Local or state taxes are not included in this proposal. 2)This proposal by Evoqua is contingent upon:(i)Evoqua'written acceptance of the purchase order or other contractual document issued in response to this proposal;and(ii)Evoqua'satisfactory completion of an anti-corruption due diligence review,as applicable;and(iii)the enclosed terms and conditions contained in the following page(s)of this proposal,such.terms to take precedence in the event of conflict with any other terms or documents incorporated into the contract arising out of this proposal unless otherwise agreed in writing. 3)All of the information supplied by Evoqua in connection with this proposal(including drawings,designs and specifications)(the"Information")is confidential and/or proprietary and has been prepared for your use solely in evaluating the purchase of the equipment and/or services described herein. Transmission of all or any part of the Information to others,or use by you for any purpose other than such evaluation,is expressly prohibited without Evoqua'prior written consent. 4) Please address&send your purchase order to: Evoqua Water Technolgies,LLC 558 Clark Street Tewksbury,MA 01876 Attn:Jonathan Villafuerte ph:TBD fax:978.323.0854 email:jonathan.villafuerte@evoqua.com Thank you for your interest in Evoqua Water Technolgies,LLC. We are committed to meeting your expectations. • • = 725 Wooten Rd. Tel:+719-570-9600 Evoqua Water Technologies,LLC Colorado Springs,CO 80915 Fax:+719-380-9424 evoQUA WATER TECHNOLOGIES Standard Terms & Conditions of Sale 1-May-15 1.Applicable Terms. These terms govern the purchase and sale of equipment,products,related services,leased products,and media goods if any(collectively herein"Work"),referred to in Seller's proposal("Sellers Documentation"). Whether these terms are included in an offer or an acceptance by Seller,such offer or acceptance is expressly 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 specifically provides otherwise, freight,storage,insurance and all taxes,levies,duties,tariffs,permits or license fees or other governmental charges relating to the Work or any incremental increases thereto shall be paid by Buyer. If Seller is required to pay any such charges,Buyer shall immediately reimburse Seller. If Buyer claims a tax or other exemption or direct payment permit,it shall provide Seller with a valid exemption certificate or permit and indemnify,defend and hold Seller harmless from any taxes,costs and penalties arising out of same. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 %%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. All orders are subject to credit approval by Seller.Back charges without Seller's prior written approval shall not be accepted. 3.Delivery. Delivery of the Work shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's Documentation provides otherwise, delivery terms are ExWorks Seller's factory(Incoterms 2010).Title to all Work shall pass upon receipt of payment for the Work under the respective invoice. Unless otherwise agreed to in writing by Seller,shipping dates are approximate only and Seller shall not be liable for any loss or expense(consequential or otherwise)incurred by Buyer or Buyer's customer if Seller fails to meet the specified delivery schedule. 4.Ownership of Materials and Licenses. All devices,designs(including drawings,plans and specifications),estimates,prices,notes,electronic data,software 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 Work. Buyer shall not disclose any such material to third parties without Seller's prior written consent. Buyer grants Seller a non-exclusive,non-transferable license to use Buyer's name and logo for marketing purposes,including but not limited to,press releases,marketing and promotional materials,and web site content. 5.Changes. Neither party shall implement any changes in the scope of Work described in Seller's Documentation without a mutually agreed upon change order. Any change to the scope of the Work,delivery schedule for the Work,any Force Majeure Event,any law,rule,regulation,order,code,standard or requirement which requires any change hereunder shall entitle Seller to an equitable adjustment in the price and time of performance. 6.Force Majeure Event. Neither Buyer nor Seller shall have any liability for any breach or delay(except for breach of payment obligations)caused by a Force Majeure Event. If a Force Majeure Event exceeds six(6)months in duration,the Seller shall have the right to terminate the Agreement without liability,upon fifteen(15)days written notice to Buyer,and shall be entitled to payment for work performed prior to the date of termination. "Force Majeure Event shall mean events or circumstances that are beyond the affected parry's control and could not reasonably have been easily avoided or overcome by the affected party and are not substantially attributable to the other party. Force Majeure Event may include,but is not limited to,the following circumstances or events: war,act of foreign enemies,terrorism,riot,strike,or lockout by persons other than by Seller or its sub-suppliers,natural catastrophes or(with respect to on-site work),unusual weather conditions. 7.Warranty. Subject to the following sentence,Seller warrants to Buyer that the(i)Work shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship and(it)the Services shall be performed in a timely and workmanlike manner. Determination of suitability of treated water for any use by Buyer shall be the sole and exclusive responsibility of Buyer.The foregoing warranty shall not apply to any Work 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(it)Seller shall have no other liability to Buyer under warranty,tort or any other legal theory.The Seller warrants the Work,or any components thereof, through the earlier of(i)eighteen(18)months from delivery of the Work or(ii)twelve(12)months from initial operation of the Work or ninety(90)days from the performance of services(the"Warranty Period"). If Buyer gives Seller prompt written notice of breach of this warranty within the Warranty Period,Seller shall,at its sole option and as Buyer's sole and exclusive remedy,repair or replace the subject parts,re-perform the Service or refund the purchase price. Unless otherwise agreed to in writing by Seller,(i)Buyer shall be responsible for any labor required to gain access to the Work so that Seller can assess the available remedies and(t) Buyer shall be responsible for all costs of installation of repaired or replaced Work.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 Work 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(i)damage caused by chemical action or abrasive material,misuse or improper installation(unless installed by Seller)and(t)media goods(such as,but not limited to,resin,membranes,or granular activated carbon media)once media goods are installed.THE WARRANTIES SET FORTH IN THIS SECTION 7 ARE THE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISION BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 8.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. 9.Assignment. Neither party may assign this Agreement,in whole or in part,nor any rights or obligations hereunder without the prior written consent of the other party;provided,however,the Seller may assign its rights and obligations under these terms to its affiliates or in connection with the sale or transfer of the Seller's business and Seller may grant a security interest in the Agreement and/or assign proceeds of the agreement without Buyer's consent. 10.Termination. Either party may terminate this agreement,upon issuance of a written notice of breach and a thirty(30)day cure period,for a material breach (including but not limited to,fling of bankruptcy,or failure to fulfill the material obligations of this agreement). If Buyer suspends an order without a change order for ninety(90)or more days,Seller may thereafter terminate this Agreement without liability,upon fifteen(15)days written notice to Buyer,and shall be entitled to payment for work performed,whether delivered or undelivered,prior to the date of termination. 725 Wooten Rd. Tel:+719-570-9600 tvoqua Water Technologies,LLC Colorado Springs,CO 80915 Fax:+719.380-9424 • Zi\li evoQUA WATER TECHNOLOGIES 11.Dispute Resolution. Seller and Buyer shall negotiate in good faith to resolve any dispute relating hereto. If,despite good faith efforts,the parties are unable to resolve a dispute or claim arising out of or relating to this Agreement or its breach,termination,enforcement,interpretation or validity,the parties will first seek to agree- on a forum for mediation to be held in a mutually agreeable site.If the parties are unable to resolve the dispute through mediation,then any dispute,claim or controversy arising out of or relating to this Agreement or the breach,termination,enforcement,interpretation or validity thereof,including the determination of the scope or applicability of this agreement to arbitrate,shall be determined by arbitration in Pittsburgh,Pennsylvania before three arbitrators who are lawyers experienced in the discipline that is the subject of the dispute and shall be jointly selected by Seller and Buyer. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The Arbitrators shall issue a reasoned decision of a majority of the arbitrators,which shall be the decision of the panel. Judgment may be entered upon the arbitrators'decision in any court of competent jurisdiction.The substantially prevailing party as determined by the arbitrators shall be reimbursed by the other party for all costs,expenses and charges,including without limitation reasonable attorneys'fees,incurred by the prevailing party in connection with the arbitration.For any order shipped outside of the United States,any dispute shall be referred to and finally determined by the International Center for Dispute Resolution in accordance with the provisions of its International Arbitration Rules,enforceable under the New York Convention(Convention on the Recognition and Enforcement of Foreign Arbitral Awards)and the governing language shall be English. ' 12.Export Compliance. Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale,exportation,transfer, assignment,disposal and usage of the Work provided under this Agreement,including any export license requirements. Buyer agrees that such Work shall not at any time directly or indirectly be used,exported,sold,transferred,assigned or otherwise disposed of in a manner which will result in non-compliance with such applicable export laws and regulations. It shall be a condition of the continuing performance by Seller of its obligations hereunder that compliance with such export laws and regulations be maintained at all times. BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS,LIABILITIES,PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS. 13.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 ANY TIME FROM THE SALE OR USE OF THE WORK,INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR MECHANICAL WARRANTY CLAIMS OR FOR ANY BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE CONTRACT,SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,TORT,STRICT LIABILITY OR ANY OTHER THEORY. 14.Rental Equipment/Services.Any leased or rented equipment('Leased Equipment')provided by Seller shall at all times be the property of Seller with the exception of certain miscellaneous installation materials purchased by the Buyer,and no right or property interest is transferred to the Buyer,except the right to use any such Leased Equipment as provided herein. Buyer agrees that it shall not pledge,lend,or create a security interest in,part with possession of,or relocate the Leased Equipment. Buyer shall be responsible to maintain the Leased Equipment in good and efficient working order.At the end of the initial term specified in the order,the terms shall automatically renew for the identical period unless canceled in writing by Buyer or Seller not sooner than three(3)months nor later than one(1)month from termination of the initial order or any renewal terms. Upon any renewal,Seller shall have the right to issue notice of increased pricing which shall be effective for any renewed terms unless Buyer objects in writing within fifteen(15)days of issuance of said notice.If Buyer timely cancels service in writing prior to the end of the initial or any renewal term this shall not relieve Buyer of its obligations under the order for the monthly rental service charge which shall continue to be due and owing.Upon the expiration or termination of this Agreement,Buyer shall promptly make any Leased Equipment available to Seller for removal.Buyer hereby agrees that it shall grant Seller access to the Leased Equipment location and shall permit Seller to take possession of and remove the Leased Equipment without resort to legal process and ' hereby releases Seller from any claim or right of action for trespass or damages caused by reason of such entry and removal. • 15.Miscellaneous.These terms,together with any Contract Documents 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 Buyers 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. To the extent the Agreement is considered a subcontract under Buyer's prime contract with an agency of the United States government,in case of Federal Acquisition Regulations(FARs)flow down terms,Seller will be in compliance with Section 44.403 of the FAR relating to commercial items and those additional clauses as specifically listed in 52.244-6,Subcontracts for Commercial Items(OCT 2014). 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. The Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions.Both Buyer and Seller reject the applicability of the United Nations Convention on Contracts for the international sales of goods to the relationship between the parties and to all transactions arising from said relationship. • 725 Wooten Rd. Tel:+719-570-9600 Evoqua Water Technologies,LLC Colorado Springs,CO 80915 Fax:+719-380-9424 evoQUA WATER TECHNOLOGIES • UAOU .li • • y_- • L. .I WALLACE & TD RAN® GAS FEED SYSTEMS S SEROES 54-2OO EVAPORATOR FOR LIQUID, CL2, NH3 OR SO2 GENERAL DESCRIPTION KEY BENEFITS The Wallace and Tiernan®Series 50-200 Evaporator • Reliable automatic operation (sometimes called a"vaporizer")is an electrically heated, • Easy to install-shipped completely assembled immersed tank-type heat exchanger. It is necessary • Accurate,reliable monitoring of operating conditions wherever the required rate of gas withdrawal cannot be • Meets ASME and chlorine Institute code satisfied by direct connection to multiple containers.Such requirements high capacity installations include: • Automatic pressure relief of gas outlet and liquid inlet • Disinfection in large municipal or industrial water included as standard plants • Chlorination of municipal sewage • Disinfection of municipal and industrial wastewater • Bleaching and waste treatment in pulp and paper mills • Aluminum fluxing(removal of magnesium) • Treatment of cooling water in power plants FEATURES Pre-Wiring and Other Installation Economies Reliable,Automatic Operation Pre-wiring of all evaporator controls and components To help prevent overfilling,the liquid level in the pressure is completed at the factory and included as standard. cylinder is self-adjusting.Level in the water-bath tank is Electrical installation requires only connecting external maintained by a solenoid that controls make-up water power to a coded terminal strip.Only one 3-phase power flow.A thermostat maintains hot water temperature. supply is required;a transformer in the panel supplies 115- Alarms and readout monitor operation of the liquid- volt power for control functions.There are seven nominal evaporation and hot water systems. voltages available for the heat exchanger.Three sets of unpowered customer alarm contacts are standard:high External Heater water temperature, low water temperature,and low water The electric water heater is external to the water-bath level. tank,assuring uniform heat distribution.This prevents Easy to Clean "hot spots"and minimizes the possibility of liquid being heated in excess of 100°C(212° F),causing pressure The top of the pressure cylinder is a bolted flange build-up that could trigger gas relief. removable for access to the interior.A bottom connection allows the cylinder to be flushed in place.An access hole Alarms and Monitors in the water-bath tank permits inspection of the cylinder A sight glass for water-bath level and a water temperature exterior and the tank interior.The enclosure is easily gauge help monitor water-bath conditions. Electronic removed for access to the evaporator interior. switches provide accurate and reliable water-temperature Easy to Install regulation.Gas pressure and temperature gauges are included.There are high-and low-alarm switches The evaporator is shipped completely assembled.The for water-bath temperature and low-water level.An vapor vent and overflow drain are piped separately automatic pressure-relief system in the gas outlet is to ensure adequate water bath overflow.The electric standard.A similar relief system in the liquid inlet line is heating elements are mounted from the top of the water also standard. Both systems have high-pressure alarm heater. Liquid inlet connections can be made at the top or switches. bottom;bottom connections are required for evaporators connected to a common liquid supply. Using the bottom Weather-Resistant connection helps maintain liquid levels in all evaporators. The evaporator enclosure is made of rugged, pressure NEMA 4 Control Panel formed ABS panels.An optional,gasketed ABS rear cover added to the enclosure makes it weather resistant.This The NEMA 4 panel contains a single printed circuit board arrangement is ideal for outdoor service,especially at incorporating all control functions and unpowered alarm power plants. contacts.Control switches,alarm lights,and readouts are also on the panel.As a precaution,a fused disconnect switch Meets Code Requirements for the incoming power interlocks with the panel door. The Wallace&Tiernan®Series 50-200 Evaporator conforms to ASME standards and meets xr*� recommendations of the Chlorine Institute.The pressure -�. cylinder and water-bath tank are cathodically protected 0 against corrosion.The tank is heavily galvanized inside • • and out.The pressure cylinder and gas pressure-relief ---- • valve comply with ASME Boiler and Pressure Vessel c Code,Section VIII, Division I. (®j o 0 e DESIGN AND OPERATION temperature,the disc ruptures,but the liquid is contained Liquid enters at the top of the pressure cylinder,but a in the chamber.The pressure switch can be used to drop pipe carries it almost to the bottom.An alternate actuate an external alarm. liquid inlet at the bottom has a riser that terminates near The pressure cylinder is cathodically protected against the bottom of the drop pipe.A vaporized gas outlet at.the corrosion. It meets ASME code requirements.The • top has a short drop pipe.This design limits pressure in waterbath tank has a thermostat that controls water the cylinder to that of the supply containers and prevents temperature and sensors for a water temperature meter, complete filling of the cylinder with liquid.The pressure high and low water temperature indicators,and a low cylinder is immersed in a temperature controlled,hot- water level indicator.An automatic water-level system water bath.Heat transfer from the water bath heats consists of high and low level probes,which actuate a the liquid and superheats the gas.A vacuum-regulating makeup water solenoid.Water bath level shows on a sight valve or pressure reducing valve at the gas outlet reduces glass at the control panel. pressure to increase superheat and prevent reliquification beyond the valve. • Liquid level in the pressure cylinder adjusts to gas removal rate.When this rate is constant, liquid level remains constant. If the withdrawal rate is increased,gas pressure in the cylinder is reduced and the liquid rises - because of the reduced pressure.This exposes more liquid to the transfer surface and it evaporates faster.Gas p .ressure builds up until it equals the supply ressure and T°'A`" ASP ts111I EDVCIND vyYt the liquidlevel reaches equilibrium again.A reduction in DAP.RA,A,SEAL MT GAS OUTLET the withdrawal rate has the opposite effect. PRE SSDPE SMITc„ , ;E1PA„SIDN E„APBER LAD DAP„R ALV 4SUPPORT BRACKET A pressure relief system is located downstream of ```� —f' RELIEF epa .1‘..; the gas outlet. It consists of a rupture disc,a pressure LINE Y� RUPTURE DISC •-SArET,HEAD switch protected by a diaphragm seal,and a pressure �+,—�LIDwD INLET relief valve. If gas pressure reaches 400 psi,the disc is UNION DETasSC P designed to rupture and the pressure switch to actuate. ADTOVATIC TEIAPERATDRE REUDyAeEc TOP AND WATER LEYEL 1 I EONTRD[PROBES . ,.[ This can provide an alarm so that corrective action may VAPOP „T� F, ~R`-v°ABLE RISER be taken.Gas pressure,in fact,must rise all the way 'i to 560 psi before the valve relieves.Additionally,the g,•rA rt� i — BIER EEvEE IKDDATDI AR • electrically operated pressure reducing valve or vacuum- ; GAS regulating valve furnished with the gas feeder offers an iI extra measure of safety;it is designed to shut off should 1 PRESSURE I,LNOER MIGP A„p Lpy, ALARm ATI/iq power fail,so that liquid cannot be drawn through the SEARV SEI.SOR gas feeder.The vacuum regulator also contains a low2 —NOT rang TANK temperature switch. If liquid reaches the valve,it lowers • .dzE KBER J LICDID the temperature and the switch actuates,closing the "REULen� L�.SOLENDID valve. '; =—,R.TEP The liquid-inlet line also has its own pressure-relief YATER„EATEP DRADI__-,_I r •III /1 \„OT.TER TA,IK ORAN system. It consists of a rupture disc,an expansion ALTERRATE I•GQD,D may— '\ , IKEfIwAESiT B`E uSED j CD NEC1IONEpr T.O / chamber,and a pressure switch.Should the liquid inlet OR'LOPE ERAPORATORSI — line be valved off accidentally and there is a rise in bsa T TECHNICAL DATA Pressure Cylinder • Type Rated(working)pressure is 38.6 bar(560 psi).The cylinder The Wallace&Tiernan®Series 50-200 Evaporator is an is hydrostatically tested at 1-1/2 times the rated pressure electrically powered, immersed-tank-type heat exchanger. per ASME test requirements. Design and construction meet recommendations of the Chlorine Institute and ASME Code, Evaporating Capacity Section VIII, Division 1 (current edition)for pressure vessels. Maximum evaporating capacities are 2721.5 kgs(6000 Ibs),3628.7 kgs(8000 Ibs),and 4535.9 kgs(10,000 Ibs) Pressure Relief Valve of chlorine;2041.2 kgs(4500 Ibs),2721.5 kgs(6000 Ibs), Gas-pressure-relief-valve setting is 38.6 bar(560 psi).The and 3401.9 kgs(7500 Ibs)of sulfur dioxide;or 571.5 kgs valve meets ASME code requirements. (1260 Ibs),762 kgs(1680 Ibs),and 952.5 kgs(2100 Ibs)of Items Furnished ammonia per 24 hours. To make the evaporator more reliable to operate and Electrical Requirements convenient to install,the following components are included Evaporator requires 50/60 Hz,3-phase power supply at as standard: liquid-line pressure-relief system;gas-line nominal voltages of 208,220,240,380,440,480,or pressure-relief system;external water-bath heater;two one- 550 volts.Heaters for the 2721.5 kgs(6000 Ibs),3628.7 inch chlorine-line valves for inlet and outlet lines;cathodic- kgs(8000 Ibs),and 4535.9 kgs(10,000 Ibs)evaporators protection system for the pressure cylinder and water-bath are rated at 12,15,and 18 kilowatts.115-volt power for tank;complete factory pre-wiring;vent screens for the the control,circulating pump,and solenoid is produced vapor and pressure-relief lines;hot-water-recirculating by a 1 kVA transformer in the control panel.Unpowered pump;electronic temperature switches;alternate bottom- customer alarm contacts are rated at 10 amps for 120 VAC inlet connection;and unpowered customer-alarm contacts or 30 VDC. for high-and low-water temperature and low-water level. Make-up Water Also included are:ASME-rated pressure cylinder; City-quality water at 0.7 bar(10 psi),minimum. waterbath tank;ABS plastic enclosure;automatic water- Connections level control (level probes and make-up water solenoid); For water-bath tank:1/2" NPT female connection to water- bath tank overflow;gas vapor vent;water bath tank supply solenoid;1-1/4"NPT female to over flow drain and and recirculating piping insulation;alarm switches; vent connections.For pressure cylinder:1"NPT liquid inlets water temperature thermostat;water level sight glass; at top and bottom;1"NPT gas outlet at top.Connections and NEMA 4 control panel with interlocking disconnect have ammonia type flanges. switch and coded terminal strip.The panel also includes gauges,meters,and indicators for power,water,and gas Cathodic Protection temperature,pressure,and level. The inside of the water-bath tank and the outside of the pressure cylinder have magnesium-anode cathodic Optional Items protection. Weather-resistant rear cover for outdoor service;liquid automatic switchover system for ton containers or tank-cars. Liquid-chlorine Supply Pressure Write for Technical Data Sheet WT.050.204.000.UA.PS. 2.1-9.7 bar(30-140 psi) Gas filter electrically operated gas pressure reducing valve. Weight and Shipping Weight ^C� 385.5 kgs(850 Ibs)and 419.6 kgs(925 Ibs) V e O�.7G UA 4800 North Point Parkway,Suite 250,Alpharetta,GA 30022 +t(866)926-842o(toll-free) +t(978)614.7233(toll) www.evoqua.com WATER TECHNOLOGIES Wallace&Tiernan is a trademark of Evoqua,its subsidiaries and affiliates,in some countries.NEMA is a trademark of the National Electrical Manufactures Association.ASME is a trademark of the American Society of Mechanical Engineers. • All information presented herein is believed reliable and in accordance with accepted engineering practices.Evoqua makes no warranties as to the completeness of this information.Users are responsible for evaluating individual product suitability for specific applications.Evoqua assumes no liability whatsoever for any special,indirect or consequential damages arising from the sale,resale or misuse of its products. ©2014 Evoqua Water Technologies LLC Subject to change without notice WT.050200.000.UAPS.0714