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HomeMy WebLinkAbout25-191 Resolution No. 25-191 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH HAROLD BECK & SONS, INC. FOR VALVE ACTUATORS AND CONTROL STATIONS 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 valve actuators and control stations 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: November 19, 2025 Adopted: November 19, 2025 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 19th day of November 2025, 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 "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 and/or services to the City as described in the three(3)page proposal,dated September 25, 2025,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 Mariano Suaso, Sales Engineer, Harold Beck & Sons, 11 Terry Drive,Newtown, PA 18940 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 Fifty Nine Thousand Seven Hundred Sixty Two Dollars ($59,762.00) within thirty (30) days of delivery and installation 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. 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. 12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery and installation of the goods. 13. 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. 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for 2 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. 15. 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. 16. 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. 17. 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. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. 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. HAROLD BECK& SONS, INC. C LOIN '7e,ey Matthew P Corbo / Print Name Richard (,. Kozal. City Manager Nattew P COrk Attest: Signature Director of Sales Title City Clerk 3 BECKQuotation: MRS-25-165141 ELECTRIC ACTUATORS Quotation Prepared For: Quoted On:9/25/2025 Expires: 10/25/2025 City of Elgin Salesperson: Mariano Suaso Leo Nelson Riverside WTP 215-968-4600 375 West River Road mrsuaso@haroldbeck.com Elgin,IL 60123 USA Summary: Request for Quote Filter Upgrades Influent Valves,Fitters#5 thru#8 Primary Contact: David Knowles Please send orders to customerservice@haroldbeck.com 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 do not include sales,use,or municipal taxes unless otherwise specified. 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 reserves the right to update this quotation if any new charges are imposed before a Purchase Order is issued.Please note that this quotation is valid for 30 days from the date issued. Beck drives are supported by the best warranty In the industry. Please refer to the enclosed Terms&Conditions for details of our3 year warranty. Lead Time(Weeks)': 10-12 •This shipment leadtime approximates the shipment date scheduling after receipt of a Freight Pay Terms: Included purchase order. However,please consult the factory if it does not meet your requirements. Freight FOB: FOB Destination CC: Payment Terms: Net 30 Days Attachments: Line PartNum Description Quantity Unit Price Ext.Price 1 11-463 11-463 ROTARY ACTUATOR With HDWR for Field Mounting 4 $11,190.50 $44,762.00 Valve/Influent,Filters#5 thru#8 24"Butterfly Valve,Pratt XR-70,Flanged This actuator is a duplicate of Beck actuator model/serial#11-463-170910-01- 01,which is installed on the Filter#4 Influent Valve. 2 12-9577-03 REMOTE AUTO/MANUAL STATION WITH INDICATION 8 $1,765.00 $14,120.00 -HAND/AUTO Selector Switch -OPEN-OFF-CLOSE switch(spring return) -"Open"Red Push-to-test LED -"Close"Green Push-to-test LED Qty(4)Remote indication and control stations for the Influent Valves on Filters#5 thru#8. Qty(4)Remote indication and control stations for the Surface Wash Valves on Fitters#5 thru#8. 3 70-0398-07 FREIGHT CHARGES 1 $880.00 $880 00 Freight from Newtown,PA 18940 to Elgin,IL 60123 Quote Total: $59,762.00 Quote Notes: 1.Certified valve drawings or detailed measurements of the valve's topworks.including shaft dimensions,will be required to design and manufacture the actuators mounting hardware. Harold Beck&Sons, Inc. 11 Terry Drive-Newtown,PA 18940-USA www,haroldbeck.com Page.1 of 3 Phone:215-968-4600 Fax:215-860-6383 illEcK Quotation: MRS-25-165141 ELECTRIC ACTUATORS Configured Model Features 8 Specifications Line Qty Model Application Description 1 4 11-463 Valve/Influent,Filters#5 thru#8 24"Butterfly Valve,Pratt XR-70,Flanged This actuator is a duplicate of Beck actuator model/serial#11-463-170910-01-01,which is installed on the Filter#4 Influent Valve. Actuator Features&Specifications Voltage/Phase/Freq: 120/1/60 Torque(lb-ft): 1500 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: TYPE 4X,IP66/IP68(3m/48 hrs) Corrosion Protection: Standard 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) Motor Handwheel Label(OPEN direction) -Non-coasting Beck control motor Handswitch Inlay(OPEN/CLOSE) with instant magnetic braking -Dust-Tight Construction -Over-Travel Limit Switches -Cast Mechanical Stops -5-Position Handswitch (electrical manual operation) Harold Beck&Sons,Inc. 11 Terry Drive-Newtown,PA 18940-USA WWW,haroldbeck.con7 Page:2 of 3 Phone:215-968-4600 Fax:215-860.6383 HAROLD BECK 8 SONS,INC Thank you for the opportunity to furnish this quotation. Orders are subject to the following terms and conditions. Price and Delivery THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED I he prices and estimated dekvery on the lace of this quotation are valid for the periods stated. WARRANTY,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS provided Buyers order.release for production.and requested delivery date are all within the FOR A PARTICULAR PURPOSE,AND ALL OTHER OBLIGATIONS OR LIABILITIES OF dales shown on the lace of this quotation. Additional extended price protection is not available BECK. In no case shall Beck be liable fur any special incidental or consequential damages unless specifically so stated on the face of the quotation based upon breach of warranty.breach of contract,negligence,stnct ton or any otter legal Prices are subject to correction for errors,and are in accordance with price control regulations of theory Such damages include but are not limited to,loss of profits,loss of revenue.loss of the U S Government use of the equipment or any associated equipment,cost of capital,cost of any substitute equipment.faciities or service.downtime.the dams of third parties including customers and Changes to Quantities and SpecIf cations injury to property Changes n quantities and specifications requested or approved by Buyer after receipt of the Buyer acknowledges es responsibilities under OSHA.related laws and regulations.and other Buyer's rider wit be revoked at the price in effect at the tine the change is received safety laws.regulations,stanndards practices or recommendations that are principally directed to the use of equipment in its operating environment. Buyer acknowledges that the conditions Dsilvery and Risk of Loss under which the equipment will be used,its use or combination with,or proximity to otter Intenbonaly left blank. equipment.and other circumstances of the operation of such equprnert are matters beyond Beck s control indemnification obligations for Beck shall be limited to the extent of its negligence. Payment and Credit Terms Intor6urally Irk Mani Return of Equipment for Repair Authority for return of equipment for repair.whether under the warranty clause kx otherwise must be obtained from the Seller in advance. Equipment returned for repair must be carefully packed so en 10 reach the Sears factory without damage Boyer shall pay shipping costs Service Field service to be performed at the Buyers plant or construction site can be arranged separately from this quotation,unless specifrcaNyincuded on the face thereof. Under such Remedies upon Default In Payment service arrangements,the Seller provides qualified technical personrel to provide field Intenbaially left blank installation services,field repair and modernization services.or technical field assistance Dates for such service,and the scope of the service required,must be arranged for in advance Buyer wil be responsible for all travel and riving expenses of Seller's personnel. as well as service tine on the job,all in accordance with then current rates Terms and conditions for service agreements are specified sr Bede s Selling Policy 1.5526 Shipping Dates Return of Equipment for Credit Stopping dates are approximate and are based upon prompt and timely receipt of all necessary Unused equipment which has been invoiced to Buyer wrthn one year may tie returned for information from the Buyer. Orders which require approval prior to release for production,or credit.if consent is first obtained. Such consent will not be unreasonably withheld Consent which are placed on hold any time after receipt of order,but prior to shipment.ent,will be subject to for ref um will not be given with respect to equipment not currently manufactured by Setter al revised delivery dates. Such delivery dates shall be the estimated delivery dates in effect al the the time of the request. Equipment returned for credit must be carefully pecked se as to time the release for production or release from hold rs recerved by Seller reach the Seller's factory without damage. Buyer shall pay all shipping costs. Returns will The Seller shall not be liable for delays in delivery or failure to manufacture or deliver due to (1 I be subject to restocking and handing charges causes beyond its reasonable control.(2)acts of God.ads of the Buyer,ads of civil or military authority,priorities fees,strikes.floods,epidemics.war,riot,delays In transportation,(3)inability Should the equipment or anya interest in the equipment supplied under This contract be to obtain necessary labor.materials.components.or manufacturing facilities,or(4)changes in transferred to another party,all the terms and conditions of this contract shall apply to that specifications.duections,or design requested by Buyer or agreed to by Buyer. In the event of other party. It Is Buyer's responsibility to take such measures as are necessary to ensure such delay,the delivery date shall be extended for that length of time as may be reasonable Mal the terms and conditions of this contract apply to such other party. necessary to compensate the delay Cancellation invoicing Any order placed with the Seller can be canceled by the Buyer subject to payment of The Seller reserves the right to invoice when orders are ready for shipment and are held past the reasonable cancellabon charges,which will normally include the following'cal work scheduled delivery dale by Buyer's request,or any other reason beyond the Seller's control. completed.(b)work-in-progress.(c)raw materials and purchased parts al cost to Seller Terms of payment for invoices issued under such oxcurnstances will be the same as though the plus handling charges:and(d)any other expenses or charges_including engineering and invoice were prepared at the lime of shipment. Buyer will be liable for actual costs of storage and overhead charges incurred by Seller up to date of cancellation transportation resulting from said deferral of delivery Buyout Items Maintenance and Installation Buyout equipment rs any device not manufactured by the Seller.but which may be mounted Unless otherwise specified or the lace d this quotation.installation and maintenance of the on,shipped with or shipped separately from the Sellers products. Any increase in pnce equipment is the responsibly d the Buyer. from the Seller's source of buyout items that is received from the time an order is received until it is shipped_will be passed on to the Buyer in the anal invoice of the order Three Year Limited Warranty Statement Sever makes no warranty,express or implied.with respect to buyout equipment Harold Beck&Sons.Inc (Beck I warrants that our equipment shall conform to Beck's standard specifications Beck warrants said equip meat to be tree from defects in materials and Taxes workmanship. This warranty applies to normal recommended use and service for three years The Seller's prices do not include sales use,excise,or similar taxes.or Import duties from the dale on which the equipment is shipped. Improper nslaNation.misuse.improper however,it the Seller is registered for uselsales lax collection with the state to which maintenance,and normal wear and tear are not covered equprnenl shall be delivered,and such taxes are applicable.the Seller's invoice prices shall 1 he Buyer must notify Beck of any warranty issues within 37 months of original shipment date include the appropriate usefsales tax. Consequently.n addition to the price specified and retum the goods in question.at Buyers expense,to Beck for evaluation. If the product fails herein,the amount of any present or future sales,use.excise.or other similar tax or Import to conform to the warranty.Beck's sole obligation and the Buyer's exclusive remedy will be:1) duty applicable to the sale or use of the equipment hereunder shall be paid by the Buyer,or the repair or replacement.without charge.at Beck's factory.of any defective equipment covered in lieu of thereof the Buyer shall provide the Seller with a tax exemption certificate by this warranty.or 2)at Beck's option,a full refund of the purchase price. In no event will acceptable to the taxing authorities. Buyer will indemnify and hold Seller harmless against Beck's liability exceed the contract pnce for the goods claimed to be defective any loss.expense,or payment occasioned by collection of any such fax or duty Iron Seller by any taxing authority Contract The terms on this and the face side of this quotation will become our entre contract. It Buyer's order includes any different or additional terms our acceptance of Buyers order and supplemerts thereto is made cnniditionaf on Buyer's consent to the terms and conditions hereof(which may be evidenced by Buyer's acceptance of delivery of the equipment sold hereunder). Seller will not be bound by any different or additional terms and conditions contained in Buyers order or in any other document delivered to us by Buyer,unless such terms and conditions we expressly agreed to n writing by the Seller. ihn-centred-nMAe- Harold Beck & Sons 11 Terry Drive-Newtown,PA 18940-USA www.haroldbeck.com Page:4 0l 4 Phone:215-968-4600 Fax:215-860-6383