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Home My WebLink About21-55 Resolution No. 21-55 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAROLD BECK& SONS, INC. FOR THE PROCUREMENT OF FILTER VALVES FOR THE LEO NELSON RIVERSIDE AND THE AIRLITE WATER TREATMENT PLANTS 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 Harold Beck & Sons, Inc. for the procurement of filter valves for the Leo Nelson Riverside and the Airlite Water Treatment Plants, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Adopted: April 14, 2021 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 14th day of April , 2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Harold Beck & Sons, Inc., a Pennsylvania corporation, (hereinafter referred to as "Beck" 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 Beck 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, attached hereto and made a part hereof incorporated herein by reference. 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. Beck 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 Beck agrees that service by first class U.S. mail to Douglas C. Beck, 11 Terry Drive, Newtown, PA 18940-1806 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 regarding the subject matter hereof. This Agreement may only be altered or modified by written instrument signed by both parties. 6. INTEREST. BECK 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 50511, 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, Beck 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, Beck hereby certifies, represents and warrants to the City that all of Beck'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. Beck 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 Beck to determine Beck's compliance with the provisions of this section. In the event the City proceeds with such an audit, Beck shall make available to the City Beck'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 supersede and control. 11. PAYMENT. City shall pay the total sum of$63,865.00 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. Beck shall complete delivery of all goods on or before August 13, 2021. 13. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City 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, freight and delivery, and applicable taxes shall be at Beck's sole expense. .15. INDEMNIFICATION. To the fullest extent permitted by law, Beck agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all 2 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 Beck or Becks's officers, employees, agents or subcontractors in the performance of this agreement, including 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. 16. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 17. WAIVER. Neither party hereto 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. 18. LIMITATION OF ACTIONS. Beck shall not be entitled to, and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and commissions of any nature whatsoever and in whatsoever forum after two (2) years from the date 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. HAROLD BECK& SONS, INC. CI IN Erik B. Hansen Print Name Richard G. zal, City Manager Signature Att st: Customer Service Manager Title City Clerk FALegal Dept\Agreemenfflarold Beck&Sons Purchase Agr-Rotary Actuator-3-11-21.docx 3 'NEWFAX sales@haroldbeck.com HAROLD BECK & SONS, INC. Visit us on the web at www.haroldbeck.com 11 TERRY DRIVE•NEWTOWN, PENNSYLVANIA 18940•USA PHONE: 215-968-4600•FAX 215-860-6383•www.haroldbeck.com Quote M RLG-21-136746 Quote Quote To: Date: 3/2/2021 Expires: 6/30/2021 City of Elgin Leo Nelson Water Treatment Facility Sales Person: Rodger L.Gensel 375 West River Road Summary: Elgin,IL 60120 USA Revision of RLG-21-136712 Filter Influents 1 &3 valves-Leo Nelson plant Filter BW Valves-Airlite plant Primary Contact: David Knowles Thank you for the opportunity to provide this quotation. Orders placed with Harold Beck&Sons Inc.are subject to terms and conditions of sale as shown. Prices quoted include sales,use,or municipal taxes. City of Elgin is a tax-exempt governmental unit. All prices quoted are in US Dollars unless otherwise specified. Using the contact information provided above,orders may be placed by e-mail,fax,telephone,or mail. Please note the Beck quotation number on your purchase order. Beck drives are supported by the best warranty in the industry. Please refer to the enclosed Terms&Conditions for details of our 3 year warranty. Lead Time(Weeks)': 16-18 CC: Freight Pay Terms: Included Attachments: Shipping Terms: FOB Destination This shipment leadtime approximates the shipment date scheduling after receipt of a Order Pay Terms: Net 30 Days purchase order. However,please consult the factory if it does not meet your requirements. Item Part# Description Quantity Unit Price Line Item Total 1 11-463 11-463 ROTARY ACTUATOR Direct-Coupled to 2 13,527.50 $27,055.00 Beck Supplied Valve Valve/Filter Influents 1 &3 24"Pratt XR70 butterfly valve 2 11-363 11-363 ROTARY ACTUATOR Direct-Coupled to 5 7,112.00 $35,560.00 Beck Supplied Valve Valve/Backwash 12"Pratt MKII butterfly valve Airlite Plant 3 70-0398-07 FREIGHT CHARGES 1 1,250.00 $1,250.00 Freight from Newtown, PA to Elgin,IL Quote Total: $63,865.00 Page: 1 o g f4 sales@haroldbeck.com HAROLD BECK& SONS, INC. Visit us on the web at www.haroldbeck.com 11 TERRY DRIVE•NEWTOWN, PENNSYLVANIA 18940•USA PHONE:215-968-4600•FAX:215-860-6383•www.haroldbeck.com Quote#: RLG-21-136746 Quote Line Item# Qty Model/Part# Application Description 1 2 11463 Valve/Filter Influents 1 &3 24"Pratt XR70 butterfly valve SPECIFICATIONS: Voltage/Phase/Freq: 120/1/60 Torque(lb-ft): 1,500 Stroke Timing(seconds): 90 Travel(degrees): 90 Auxiliary Limit Switches: 4X SPDT Control Signal: Open-Close or pushbutton operation Feedback Signal: NONE Loss of Power Action: Stay in Place Enclosure Rating: Weatherproof Wiring Diagram: 17-5503-65 Integral Features: _Self-Locking,Self-Releasing Gear Train Additional Features: Auxiliary handswitch contact closed in AUTO Handwheel(manual operation without power) Non-coasting Beck control motor with instant magnetic braking Dust-Tight Construction Over-Travel Limit Switches Cast Mechanical Stops 5-Position Handswitch (electrical manual operation) Valve Info: Beck Mounting with Beck Supplied Mounting Hardware 24"Pratt XR70 butterfly valve. Valve/Damper Supplied By: BECK Mounting Type: Direct Couple Page: 2 of 4 B��® sales@haroldbeck.com HAROLD BECK& SONS, INC. Visit us on the web at www.haroldbeck.com 11 TERRY DRIVE•NEWTOWN, PENNSYLVANIA 18940•USA PHONE:215-968-4600•FAX 215-860-6383•www.haroldbeck.com Quote#: RLG-21-136746 Quote Line Item# My Model/Part# Application Description 2 5 11-363 Valve/Backwash 12"Pratt MKII butterfly valve Airlite Plant SPECIFICATIONS: Voltage/Phase/Freq: 120/1/60 Torque(lb-ft): 550 Stroke Timing(seconds): 68 Travel(degrees): 90 Auxiliary Limit Switches: 4X SPDT Control Signal: Open-Close or pushbutton operation Feedback Signal: NONE Loss of Power Action: Stay in Place Enclosure Rating: Weatherproof Wiring Diagram: 17-5503-65 Integral Features: _Self-Locking,Self-Releasing Gear Train Additional Features: Auxiliary handswitch contact closed in AUTO Handwheel(manual operation without power) Non-coasting Beck control motor with instant magnetic braking Dust-Tight Construction Over-Travel Limit Switches Cast Mechanical Stops 5-Position Handswitch (electrical manual operation) Valve Info: Beck Mounting with Beck Supplied Mounting Hardware 12"Pratt MKII Butterfly valve Valve/Damper Supplied By. BECK Mounting Type: Direct Couple Page: 3 of 4 HAROLD BECK&SONS,INC Thank you for the opportunity to furnish this quotation. Orders are subject to the following terms and conditions. Selling Policy 1-5525 July 21,2009 Changes to Quantities and Specifications equipment will be used,its use or combination with,or proximity to,other equipment,and other circumstances of the operation of Changes in quantities and specifications requested or approved such equipment are matters beyond Beck's control. Buyer by Buyer after receipt of the Buyer's order will be invoiced at hereby agrees to indemnify Beck against all claims, damages, the price in effect at the time the change is received. costs or liabilities(including but not limited to, attorney's fees and other legal expenses),whether on account of negligence or Shipping Dates otherwise,except those claims based solely upon the negligence of Beck and those claims asserted by Beck's employees which Shipping dates are approximate and are based upon prompt and arise out of or result from the operation or use of the equipment timely receipt of all necessary information from the Buyer. by Beck's employees. Orders which require approval prior to release for production,or which are placed on hold any time after receipt of order,but prior Return of Equipment for Repair to shipment, will be subject to revised delivery dates. Such delivery dates shall be the estimated delivery dates in effect at Authority for return of equipment for repair,whether under the the time the release for production or release from hold is warranty clause or otherwise,must be obtained from the Seller received by Seller. in advance. Equipment returned for repair must be carefully packed so as to reach the Seller's factory without damage. Buyer The Seller shall not be liable for delays in delivery or failure to shall pay shipping costs. manufacture or deliver due to:(1)causes beyond its reasonable control, (2) acts of God, acts of the Buyer, acts of civil, or Service military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation, (3) inability to obtain Field service to be performed at the Buyer's plant or construction necessary labor, materials, components, or manufacturing site can be arranged separately from this quotation, unless facilities, or(4)changes in specifications, directions,or design specifically included on the face thereof. Under such service requested by Buyer or agreed to by Buyer. In the event of such arrangements, the Seller provides qualified technical personnel delay,the delivery date shall be extended for that length of time to provide field installation services, field repair and as may be reasonably necessary to compensate the delay. modernization services,or technical field assistance. Three Year Limited Warranty Statement Dates for such service, and the scope of the service required, must be arranged for in advance. Buyer will be responsible for Harold Beck&Sons, Inc. (Beck) warrants that our equipment all travel and living expenses of Seller's personnel, as well as shall conform to Beck's standard specifications.Beck warrants service time on the job,all in accordance with then current rates. said equipment to be free from defects in materials and workmanship. This warranty applies to normal recommended Terms and conditions for service agreements are specified in use and service for three years from the date on which the Beck's Selling Policy L-5526. equipment is shipped. Improper installation,misuse, improper maintenance,and normal wear and tear are not covered. Return of Equipment for Credit The Buyer must notify Beck of any warranty issues within 37 Unused equipment which has been invoiced to Buyer within one months of original shipment date and return the goods in year may be returned for credit,if consent is first obtained. Such question, at Buyer's expense, to Beck for evaluation. If the consent will not be unreasonably withheld. Consent for return product fails to conform to the warranty,Beck's sole obligation will not be given with respect to equipment not currently and the Buyer's exclusive remedy will be: 1) the repair or manufactured by Seller at the time of the request. Equipment replacement,without charge,at Beck's factory,of any defective returned for credit must be carefully packed so as to reach the equipment covered by this warranty, or 2) at Beck's option, a Seller's factory without damage. Buyer shall pay all shipping full refund of the purchase price. In no event will Beck's liability costs. Returns will be subject to restocking and handling exceed the contract price for the goods claimed to be defective. charges. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY Should the equipment or any interest in the equipment supplied OTHER EXPRESS OR IMPLIED WARRANTY,INCLUDING under this contract be transferred to another party,all the terms IMPLIED WARRANTIES OF MERCHANTABILITY AND and conditions of this contract shall apply to that other party. It FITNESS FOR A PARTICULAR PURPOSE, AND ALL is Buyer's responsibility to take such measures as are necessary OTHER OBLIGATIONS OR LIABILITIES OF BECK. In no to ensure that the terms and conditions of this contract apply to case shall Beck be liable for any special, incidental or such other party. consequential damages based upon breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Cancellation Such damages include,but are not limited to,loss of profits,loss of revenue, loss of use of the equipment or any associated Any order placed with the Seller can be canceled by the Buyer equipment, cost of capital, cost of any substitute equipment, subject to payment of reasonable cancellation charges, which facilities or service, downtime, the claims of third parties will normally include the following: (a) work completed; (b) including customers and injury to property. work-in-progress;(c)raw materials and purchased parts,at cost to Seller plus handling charges; and(d) any other expenses or Buyer acknowledges its responsibilities under OSHA, related charges, including engineering and overhead charges incurred laws and regulations, and other safety laws, regulations, by Seller up to date of cancellation. standards, practices or recommendations that are principally directed to the use of equipment in its operating environment. Buyer acknowledges that the conditions under which the