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HomeMy WebLinkAbout24-1 Resolution No. 24-1 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH HAWKINS, INC. D/B/A HAWKINS WATER TREATMENT GROUP FOR THE PURCHASE OF CHLORINE SYSTEM EQUIPMENT AT THE RIVERSIDE AND 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 Hawkins, Inc., dlb/a Hawkins Water Treatment Group, for the purchase of chlorine system equipment at the Riverside and 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: January 10, 2024 Adopted: January 10, 2024 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 10th day of January 2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Hawkins, Inc., dba Hawkins Water Treatment Group, a Minnesota corporation (hereinafter referred to as "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 Seller shall sell the goods to the City as described in the three (3) page proposal, dated November 9, 2023, attached hereto and made a part hereof as Attachment A. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions of this Agreement and Attachment A, the terms and provisions of this Agreement shall supersede and control. 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. Seller 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 Seller agrees that service by first class U.S. mail to Kris Staff, Hawkins, Inc., 2381 Rosegate, Roseville, MN 55113 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 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. Seller 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, Seller 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,nondiscrimination and legal status of employees. 9. COUNTERPARTS AND 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. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means 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 facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of One Hundred Sixty-Three Thousand Thirty-Five Dollars ($163,035.00), pursuant to Attachment A, within thirty(30) days of delivery or City's receipt of invoice,whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs.The City of Elgin is a tax-exempt governmental entity. 11. DELIVERY. Seller shall deliver the goods as described in Section 1 above within four(4)weeks of the date of this Agreement. 12. 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. 13. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. 14. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, 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 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 Seller or Seller'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 and hold harmless, such action shall be defended by legal counsel of the City's choosing. 15. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 2 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. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 19. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 20. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening,referral and selection of job applicants,prospective job applicants,and subcontractors. The persons 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. HAWKINS, INC. CITTY IN .,"7/' Kris Staff ! Print Name Richard G. Kozal, City Manager IOLA Attest: Signature Project Manager Title ity Clerk Legal Dept\Agreement\Hawkins Water Treatment-Purchase Agr-Chlorine Feeder Equip-11-28-23.docx 3 ATTACHMENT A ��O l6o0 r , PA1Way Telford, PA n18969Way INSTRUMENTS P(215)799-0980 F(215)799-0984 www.hydroinstruments.com DATE: November 9,2023 TO: David Knowles QUOTE # 106-DB COMPANY:City of Elgin IL/Chicago DELIVERY: 2-4 weeks RE: Hydro Instruments chlorination system upgrade PAYMENT: REMITTANCE FOR PAYMENT Hydro Instruments distributor Hawkins Water Treatment Hawkins, Inc. 2381 Rosegate Roseville, MN 55113 phone: 612-331-6910 email: Credit.Dept@HawkinsInc.com Send purchase order for processing to: kris.staff(a�hawkinsinc.com 314-471-0538ce11 City of Elgin,IL Billing Address: CITY OF ELGIN Hawkins Terms Net 45 Attn: Accounts Payable 150 Dexter Ct Elgin IL 60120 City of Elgin Shipping Address: CITY OF ELGIN 375 W River Rd Elgin IL 60123 Item I Description Quantity I Unit Price I Total Price FEEDERS FEEDER(OV-1000) 0-125 ppd 3 $ 7,715.00 $ 23,145.00 WPOV 1000 Wall Panel Omni Valve(0-125ppd) 1 WPOV-1000-C-4-M12,125-3-0-M Chlorine, 1" NPT inlet/outlet, 12" meter panel, 0-125 ppd, NO 4-20mA meter- unavailable) 1" Bypass piping, Vacuum monitor VM 150 *Rate Control Valve Adjustment Fading Forward FEEDER(OV 1000) 0-1,000 ppd 2 $ 8,975.00 $ 17,950.00 WPOV 1000 Wall Panel Omni Valve(0-1,000ppd) 2 WPOV-1000-C-4-M12,1K,A0-3-0-M Chlorine, 1" NPT inlet/outlet, 12" meter panel, 0- 1,000ppd, with 4-20mA meter, 1"Bypass piping, Vacuum monitor VM 150 *Rate Control Valve Adjustment Facing Forward FEEDER(OV 1000) 0-2,000 ppd WPOV 1000 Wall Panel Omni Valve(0-2,000ppd) WPOV-1000-C-4-M 12,2K,AO-3-0-M 3 Chlorine, 1" NPT inlet/outlet, 12" meter panel, 0- 7 $ 8,975.00 $ 62,825.00 2,000ppd, with 4-20mA meter, 1" Bypass piping, Vacuum monitor VM 150 *Rate Control Valve Adlustment Fac/no Forward EJECTORS EJECTOR(fixed throat) EJH-2200 EJH-2200-CL2-(1,2,3,4) 2" inch fixed throat ejector (nozzle/diffuser combo to be sized for selection)Vacuum connection 1" NPT union, process connection 2"inch schedule 80 PVC, van stone style flanges with PVC ring, 4 bolt pattern, additional 2 flanges&2 gaskets are 4 provided for installation. Hardware for flanges(ie bolts, 9 $ 2,200.00 $ 19,800.00 nuts) not included ** INSTALLATION: ejector must be installed vertically,with water flowing up. Forward&backpressure(diapgram protected guage required for backpressure measurement) required for proper sizing, 5 EJECTOR 3/4" EJ-1000 EJ-1000-CL2 3/4" inch nozzle/tailway-diffuser 0-100ppd Indicate desired average, and maximum feed capacity ppd for proper hydraulic sizing. Forward & 3 $ 525.00 $ 1,575.00 backpressure(diapgram protected guage required for backpressure measurement) required for proper sizing, including gpm through main process pipe. VAPORIZER VAPORIZER VPH-10000-C-1-1-0-1-0 Vaporizer with external water heater recirculatoin pump, 6 chlorine, 0-10,000ppd, heater voltage(ie: 480V/ 3Phase 1 $ 36,750.00 $ 36,750.00 to be determined) 18KW heater, (PRV sold separately) *No fiberglass cabinet per customer request Price deduction$2,000 / no cabinet *Elgin will use existing newer system components(ie: expansion chamber, PRV, rupture discs, etc.) Vaporizer Safety: On-line real time Scada communication and control to monitor system operation, including super heat. 7 Vaporizer Five(5) Year Warranty: See attached 1 N/C N/C VACUUM REGULATOR VACUUM REGULATOR WR-10000-L or R(gas inlet connection facing left 8 or right) 1 or 2 (3/4" or 1" NPT gas inlet 1 $ 3,780.00 $ 3,780.00 connection) SUB TOTAL $ 165,825.00 FACTORY DISCOUNT 5% 1 $ 8,290.00 $ 157,535.00 FACTORY START UP Factory Start Up Two(2) Day Minimum@ $1500 9 per day (as needed,each additional day$1500 1 $ 3,000.00 $ 160,535.00 per day) SHIPPING&INSURANCE SHIPPING/FREIGHT&INSURANCE: 1 $ 2,500.00 $ 2,500.00 All items quoted: estimate TOTAL $ 163,035.00 NOTES&GENERAL EXCLUSIONS: 1. Quotation is limited to the listed items only. 2. Freight: FOB Factory. Pricing not included. Freight charges will apply at time of shipment. 3. Installation, common piping&fittings, valves, hardware,electrical wiring and similar items and/or labor are expressly excluded. 4. Field service, start-up, training, etc. is excluded unless specifically listed as a line item. 5. Consequential and Liquidated Damages, late fees, retentions or bonding requirements are not acceptable or allowed. 6. Sales Taxes expressly excluded. FACTORY CONTACT: Hydro Instruments 600 Emlen Way Telford PA 18969 Office: 215-799-0980 / purchasing@hydroinstruments.com David Buchanan / Hydro Instruments davidbAhydroinstruments.com w 636-536-2233 / cell 314-614-5042 " END OF QUOTE "