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06-44 Resolution No. 06-44 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH U.S. FILTER FOR CHLORINE EVAPORATORS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with U.S. Filter for the purchase of two chlorine evaporators, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 22, 2006 Adopted: February 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk MIT WALLACE&TIERNAN PRODUCTS TELEPHONE 856-507-9000 S 111110.0...MIN 1901 WEST GARDEN ROAD FACSIMILE 856-507-4079 = fS VINELAND, NJ 08360 A Siemens Business February 7, 2006 City of Elgin 150 Dexter Court Elgin, IL 60120 Your Project Name: Riverside WTP Your Purchase Order: 110805CL USF/W&T Project#: 123695 Thank you for your purchase order, dated 11/8/2005, received in our Vineland, NJ headquarters on 11/10/2005, authorizing us to furnish Chlorination Equipment to the City of Elgin for the following: Two(2) Series 50-200 Evaporator, with 15 KW Heat Exchanger, NEMA 4 Control Panel, ASME Code Rated Cylinder for Chlorine Service, Max Capacity: 8000 PPD with Water circulating Pump, Level & Temp Controls/Alarms, Cathodic Protection, Liquid Line Pressure Relief System consisting of 400 PSI Rupture Disc, High Pressure Alarm Switch and Expansion Chamber (U27615) Gas Line Pressure Relief System consisting of 400 PSI Rupture Disc, High Pressure Alarm Switch and Pressure Relief Valve (U25471) (2) Line Valves, (Vent Screen, Jar of Sodium Sulfate and Bottle of Ammonia. US Filter Wallace &Tiernan, a Delaware Corporation, agrees to sell the above equipment and the City of Elgin, Illinois, a municipal corporation, agrees to purchase for $35,582.00 (THIRTY-FIVE THOUSAND FIVE HUNDRED EIGHTY-TWO DOLLARS AND NO CENTS), under the US Filter "Standard Terms of Sale", attached hereto and made a part hereof as "Attachment A". This equipment is scheduled to ship on/by February 28, 2006. No additional service is provided. Sincerely, UATZJOCie William S. Chaloupecky Director—Sales Services Accepted for: Accepted for: City of Elgin USFilter/Wallace &Tiernan /„.a� Signed: I 1 a Olufemi Fol.rin, c ° .��. A ♦ ..� Name: illiam S. Chaloupecky Director—Sales Services Title: City Manager cc: Finance Dept. Monica Clark Smith Ecological Systems Frank Smith Debra Petsch ATTACHMENT A STANDARD TERMS OF SALE BETWEEN THE CITY OF ELGIN,ILLINOIS AND USFILTER/WALLACE 8t TIERNAN 1. Applicable Terms. These terms govern the purchase and sale of the equipment and related services,if any(collectively, "Equipment"),referred to in Seller's purchase order,quotation,proposal or acknowledgment,as the case may be("Seller's Documentation"). Whether these terms are included in an offer or an acceptance by Seller,such offer or acceptance is 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 provides otherwise,freight,storage,insurance and all taxes,duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay any such charges,Buyer shall immediately reimburse Seller. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 1/2%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. 3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's Documentation provides otherwise,Delivery terms are F.O.B.Seller's facility. 4. Ownership of Materials. All devices,designs(including drawings,plans and specifications),estimates,prices,notes,electronic data 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,permanent license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such material to third parties without Seller's prior written consent. 5. Changes. Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price,schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of any contract including these terms. 6. Warranty. Subject to the following sentence,Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment 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(ii)Seller shall have no other liability to Buyer under warranty,tort or any other legal theory. If Buyer gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance,whichever occurs first(the"Warranty Period"),Seller shall,at its sole option and as Buyer's sole remedy,repair or replace the subject parts or refund the purchase price therefore. 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 Equipment 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 damage caused by chemical action or abrasive material,misuse or improper installation(unless installed by Seller). THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 7. 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. 8. Force Maieure. Neither Seller nor Buyer shall have any liability for any breach(except for breach of payment obligations)caused by extreme weather or other act of God,strike or other labor shortage or disturbance,fire,accident,war or civil disturbance,delay of carriers,failure of normal sources of supply,act of government or any other cause beyond such party's reasonable control. 9. Cancellation. If Buyer cancels or suspends its order for any reason other than Seller's breach,Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension. 10. Reservation Clause. 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 Equipment provided under this Agreement,including any export license requirements. Buyer agrees that such Equipment 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. -2- ATTACHMENT A STANDARD TERMS OF SALE BETWEEN THE CITY OF ELGIN.ILLINOIS AND USFILTER/WALLACE&TIERNAN 11. 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 EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,TORT,STRICT LIABILITY OR ANY OTHER THEORY. 12. Miscellaneous. If these terms are issued in connection with a government contract,they shall be deemed to include those federal acquisition regulations that are required by law to be included. These terms,together with any quotation,purchase order or acknowledgement 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 Buyer's 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. 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. Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent. The Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. 13. This agreement shall be 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 rising out of or in connection with this agreement shall be in the circuit court of Kane County,Illinois. -3 - s 4 r;' E : " L -,-/-, G ,4 December 2, 2005 I N TO: Mayor and Members of the City Council RIVER AS A RESOURCE FROM: Olufemi Folarin, City Manager Kyla B. Jacobsen, Water System Superintendent SUBJECT: Riverside WTP Equipment Replacement—Chlorine Evaporators PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a sole source contract to US Filter/Wallace & Tiernan Products for furnishing and installing two chlorine evaporators. RECOMMENDATION It is recommended that the City Council approve the purchase of two chlorine evaporators from US Filter/Wallace & Tiernan Products in the amount of$35,582. BACKGROUND The Riverside Water Treatment Plant uses water from the Fox River as well as deep wells as the source for its supply. As part of the treatment process, the water must be cleansed and disinfected. Chlorine, delivered to the plant in liquid bulk form, is used as part of this process. The chlorine is vaporized, put in a water solution, and added to the water processing stream where it functions as the primary disinfection agent. The vaporization of the chlorine takes place in equipment specifically designed for water treatment in chlorine evaporators manufactured by U.S. Filter company. The Water department cannot produce water meeting EPA requirements without adding chlorine and cannot feed enough chlorine to meet the demands of its customers without functional evaporators. The existing chlorine evaporators at the Riverside plant were installed at the time of the plant construction in 1982. There are two that have operated simultaneously and continuously since then. Due to the nature of this chemical feed system, there are no "backups" available as there are on many of the other systems utilized in the plant. Over the past 23 years the evaporators have been well maintained and have provided dependable service. However, they are showing their age and have internal corrosion which cannot be repaired and necessitates their replacement. The control systems for the evaporators are also requiring more replacements and Water—Chlorine Evaporators December 2, 2005 Page 2 service. While still available, service parts for the units, as well as the units themselves are now obsolete and have been superseded by more durable and dependable designs. While the Water Department will always strive to follow the mandates in the purchasing manual, the evaporators are one of a number of critical pieces of equipment that require replacement should they suffer a catastrophic failure as the plant would not be able to function at all without them. Equipment from another vendor is not compatible with our current feed equipment and we would not be able to produce water while rebuilding our feed system. The requested model for these units is a direct replacement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The contract with U.S. Filter/Wallace & Tiernan Products totals $35,382. There are sufficient funds budgeted and available ($35,582) in the water portion of the 2000 General Obligation Bond Fund, account number 380-4000-795.92-46, "Capital Additions-Other Equipment,"project number 409663. These funds are available as a result of past interest earnings and project savings. LEGAL IMPACT The proposed agreement must be submitted to the Legal Department for review. ALTERNATIVES 1. Award a sole source contract to furnish and install two chlorine evaporators from US Filter/Wallace &Tiernan Products. 2. Do not award a sole source contract to furnish and install two chlorine evaporators from US Filter/Wallace &Tiernan Products. Respectfully submitted for Council consideration. /kbj Attachment 4 OF Et = 6'.' City of Elgin � Mayor Ed Schock Council Members Juan Figueroa Robert Gilliam Brenda Rodgers Thomas K. Sandor John Walters City Manager January 12, 2005 David M. Dorgan John J. Dalessandro, Manager Elgin Regional Office Division of Public Water Supplies Illinois Environmental Protection Agency 595 South State Street Elgin, IL 60123 RE: Elgin-089-4380 2004 Public Water Supply Inspection Report Dear Mr. Dalessandro: Please accept this letter as Elgin' s official response to the inspection of the Elgin water supply conducted on November 30, 2004, by Mr. Segundo Nallatan of your office. The only item listed on Attachment A, Water Source, noted that the deep wells at the Slade Avenue facility have not been routinely tested for bacteriological quality. The recommendation was to test all wells on a quarterly basis . In a follow-up discussion with Mr. Nallatan describing the operation of the wells at Slade Avenue, i .e. they are only run on an "as needed" basis, either to deice the treatment basins at the Riverside surface water treatment plant, or during the summer to dilute taste and odor problems with the river. As these wells are not routinely run, quarterly samples were felt to be "over kill" and not necessary. The Department shall conduct bacti analysis on any of the Slade Avenue wells whenever and for whatever reason they are run. It is felt that this will provide a good historic bacteriological record of the aquifer which these wells draw from. 150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616 www.cityofelgin.org :: Printed on recycled paper Thank you for your consideration of this issue and for Mr. Nallatan' s assistance in this matter. Sinc- ely, D...24-94L ►_ E. Deibert Director of the Water Department LED:mg Cc/ Mark H. Donnelly, Asst . Chief Plant Operator Kurt M. Eshelman, Water Plant Superintendent Femi Folarin, Interim City Manager David L. Lawry, General Services Manager "Inn —Meelmil City Clerk Paul T. Miller, Chief Plant Operator Julie Janssen, IDPH-DDH Kane County Health Department Segundo Nallatan, IEPA State Water Survey H:\Letters2.LED\21210111.105 IEPA JDalessandroElgnRegnlOfc.doc