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12-64 Resolution No. 12-64 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY FOR LIME SLAKER AND FEEDER REPLACEMENT AT THE AIRLITE STREET WATER TREATMENT PLANT 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 Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Smith Ecological Systems Company for lime slaker and feeder replacement at the Airlite Street water treatment plant, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 11, 2012 Adopted: April 11, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT WITH Smith Ecological Systems Company FOR PURCHASE OF a Lime Slaker and Feeder THIS AGREEMENT is made and entered in to this 11th day of April , 2012 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the state of Illinois, and Smith Ecological Systems Company, an Illinois corporation, ("the CONTRACTOR"). ARTICLE I. PURCHASE. The CONTRACTOR agrees to provide, and the City agrees to purchase, the goods provided for herein under the terms and conditions provided for herein and pursuant to quotation dated February 21, 2012, attached hereto and made a part hereof as Attachment A. In the event of any conflict between Attachment "A" and the remainder of this Agreement, such conflict shall be resolved in favor of the language contained in the body of the Agreement, and not Attachment "A". ARTICLE II. DURATION AND SCHEDULE. The CONTRACTOR shall provide the goods at the price, schedule and other terms provided for in Attachment "A", on or before June 30, 2012. Payment by CITY shall be made to CONTRACTOR within twenty (20) days of delivery as a destination contract, acceptance of all goods and services, and upon receipt of an invoice from CONTRACTOR. CONTRACTOR'S performance shall be complete when the CONTRACTOR has delivered all goods provided for herein and installation provided for herein on or before June 30, 2012. Compensation to the CONTRACTOR shall be in the total amount of one hundred twenty four thousand three hundred dollars ($124,300.00) payable in 1 installment of$124,300.00. ARTICLE III. TERMINATION. The following shall constitute events of default under this agreement: (a) any material misrepresentation made by the CONTRACTOR to the CITY; (b) any failure by the CONTRACTOR to perform any of its obligations under this agreement including, but not limited to, the following: (i) failure to commence performance of this agreement at the time specified in this agreement due to a reason or circumstance within the CONTRACTOR'S reasonable control; (ii)failure to perform this agreement with sufficient personnel and equipment or with sufficient material to ensure the completion of this agreement within the specified time due to a reason or circumstance within the CONTRACTOR'S reasonable control; (iii) failure to perform this agreement in a manner reasonably satisfactory to the CITY; (iv) failure to cure within a reasonable time any deviation from the terms and provisions of the Agreement following rejection by the CITY; (v) failure to comply with a material term of this agreement, including, but not limited to the Affirmative Action requirements; and (vi) any other acts specifically and expressly stated in this agreement as constituting a basis for termination for cause. The CITY may terminate this agreement for its convenience upon fourteen (14) days prior written notice, without penalty or liability whatsoever of nature. ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR pursuant to this Agreement, the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of procuring goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or services as provided in this agreement. In the event of any breach of any of the terms of this Agreement by the CITY, CONTRACTOR's damages shall be limited to the maximum of the purchase price provided for herein on a pro- rata basis. CONTRACTOR shall not be entitled to and CITY shall not be liable to CONTRACTOR for, any consequential, compensatory, punitive, incidental or nominal damages other than as provided for above. ARTICLE V. GOVERNING LAW/VENUE AND ORDINANCES. This agreement shall be subject to and governed by the laws of the United States, the State of Illinois and the City of Elgin, 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 in the circuit court of Kane County, Illinois. ARTICLE VI. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void o otherwise unenforceable for any reason, including but not limited to any violation of any law as provided for in Article XV herein, the remainder of this agreement shall remain in full force and effect. ARTICLE VII. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, and national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ARTICLE VIII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in this agreement without prior written consent of the CITY. ARTICLE IX. AMENDMENTS. There shall be no modification of this agreement, except in writing and executed with the same formalities of the original. ARTICLE X. NOTICES. Any notice given under this agreement shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at 1817 17th Ave., Rockford, IL 61104 to the attention of Mitch Berg or undersigned representative, and if to the CITY to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and or authorized representatives as either party shall designate in writing to the other the manner herein provided. ARTICLE XI. INDEMIFICATION. To the fullest extent permitted by law, CONTRACTOR 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 other relief or liability arising out of our resulting from or through or alleged to arise out of any acts or negligent acts or omissions of CONTRACTOR or CONTRACTOR'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. The provisions of this paragraph shall survive any termination and or expiration of this agreement. ARTICLE XII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY's obligations under the contract are not appropriated and authorized, then the CONTRACT, shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. City represents to CONTRACTOR that the CITY has appropriated funds and has sufficient funds for the discharge of the CITY'S obligations under this contract. ARTICLE XIII. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the CONTRACTOR 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, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S employees, and/or agents who will be providing products and/or services with respect to this CONTRACT shall be legal residents of the United States. CONTRACTOR shall also at its expense secure all permits and licenses, pay all charges and fees and give al 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 CONTRACT. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant records at no cost to the CITY. CONTRACTOR shall pay any and all costs associated with any such audit. ARTICLE XIV. WARRANTY. The CITY'S purchase from the CONTRACTOR as provided in this agreement shall include the standard warranty typically provided by the CONTRACTOR for the equipment being purchased herein. Additionally, CONTRACTOR hereby expressly provides a warranty of merchantability as to any goods provided for herein, and warrants that all services shall be provided in a reasonable manner with reasonable workmanship. ARTICLE XV. ENTIRE AGREEMENT. This agreement embodies the whole agreement between the parties hereto. There are no other agreements, either oral, written or implied between the parties hereto; and this agreement shall supersede any and all previous communications, representations, or agreements, either verbal or written, between the parties. ARTICLE XVI. INDEPENDENT CONTRACTOR. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. ARTICLE XVII. TIME. Time is of the essence of this agreement. The person signing this agreement certifies that s/he has been authorized by the CONTRACTOR to execute this agreement on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN By Q , h' �Resrt. By Itif-Hd. (N e and Title) City Manage Attest: FEIN NO 02.4 (-(" I Cit Clerk smith Ecological Systems A Sister Company toOVIKING Chemical Company SMITH ECOLOGICAL SYSTEMS COMPANY 1817 Seventeenth Avenue Rockford, IL 61104 �= - r O L /�L ' (0-_ Telephone 815 968-8079 /, Facsimile 815 968-8506 TO: Elgin WTP DATE: February 21, 2012 ATTENTION: K. Jacobsen REFERENCE: Slaker Quote APPLICATION: Phone: Fax: 847-931-6152 E-mail: jacobsen k( cityofelgin.orq PRODUCT DESCRIPTION 1000 pph Lime Slaking System—304SS Construction: A-758 Wallace&Tiernan Series A-758 Lime Paste Slaker, 1000 PPH Capacity, Complete with: - 304 Stainless Steel Trough - 1/2 hp Paddle Shaft Motor—3ph,23/460V,60hz,CI.B - Vapor&Dust Arrestor,Mechanical Torque Valve,WPRV,Strainer&Gauge, - Solenoid for auto batch and adapter - Slaker delivers 18%Slurry Concentration - Unit is shipped Pre-Wired/Pre-Piped,Assembled&Tested Standard Control Panel For Slaker,Grit Remover&Feeder, Complete with: - NEMA 4x Enclosure—304SS+/Enclosure Mounting Parts - Relay Logic Controls,Auto-Batching,Totalizer - Feed-Rate Control&Readout Meter,Switches,Lights,Disconnect Swtich - 4-20 mA Control of Gravimetric Feeder - Conduit and Parts for Grit Conveyer,Control Panel,Feeder - Mounting Straps for Mounting Junction Box on Slaker - Audible Alarm mounted to control panel(G1790) Slaker and Control Panel delivered to Elgin $75,700.00 Delivered to Elgin Wallace&Tiernan Series 31-165 Gravimetric Belt Feeder—1000 PPH Capacity, Complete with: - 304SS Housing&Ingredient Contact Parts - 304SS SCR &Setpoint Controllers - Feeder Support Posts,Feeder Discharge Connection - Weigh decks, load cells,broken belt detector - Standard materials of construction Inlet Flexible Connection,Canvas(U10434) Delivered to Elgin $48,600.00 SMITH ECOLOGICAL SYSTEMS COMPANY www.smithecological.com page 1 Attachment A SCOPE OF ENGINEERING The following documentation shall be provided by Siemens - Shop Drawing Submittal • Detailed Scope of Supply • Comments&Clarifcations • 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) • Warranty Statement - Operations and Maintenance Manuals • Ordering Information • Warranty Statement • Introduction • Safety Precations • Preventive Maintenance General Information • Maintenance Record Card • Regional Offices • Technical Data • Installation • Operation • Service • Illustrations • Preventive Maintenance Kits and Spare Parts Lists • Additional NOTE—It is Siemens Industry, Inc's goal to be environmentally responsible. One(1)hard copy of the drawing submittal and O+M manuals can be provided. Up to eight(8)CD ROM copies will be furnished. Additional hardcopies of the submittal and O+M manuals can be provided at a cost of$50.00 each. Terms: Net 20 Price validity: 30 days All equipment will be guaranteed against defects in material and workmanship for a period of one (1) year from date of installation (not to exceed 18 months from date of shipment). Warranty shall be limited to the exchange of defective parts, excluding all labor and shipping costs. We sincerely appreciate this opportunity to quote your requirements, and look forward to being of service! QUOTED BY: Mitch Berg SMITH ECOLOGICAL SYSTEMS COMPANY www.smithecological.com page 2 • ELGIN THE CITY IN THE SUBURBS AGENDA ITEM: D MEETING DATE: March 21, 2012 ITEM: Agreement with Smith Ecological Systems for a Slaker and Feeder Replacement at Airlite Street Water Treatment Plant ($124,300) OBJECTIVE: Replace the lime slaker and feeder at the Airlite Street Water Treatment Plant to provide the city with the ability to soften the water. RECOMMENDATION: Award a contract for the purchase of a lime slaker and feeder to Smith Ecological Systems in the amount of$124,300. BACKGROUND Ninety-four percent of the city's water comes from the Fox River and the remaining six percent comes from the deep wells. Water pumped from either the river or deep wells is treated at the city's Riverside or Airlite water treatment plants. The water is treated and tested in accordance with U.S. Environmental Protection Agency regulations. The raw water undergoes a treatment process including coagulation/sedimentation, lime softening, chlorination and filtration. The water is then softened to a moderate hardness level using a chemical precipitation process in- volving quick-pebble lime (calcium oxide). The feeder delivers the chemical in specific amounts to the slaker which makes the lime into a solution that is easily added to the water. The lime precipitates out the hardness causing minerals leaving moderately soft water to leave the treatment plant. After treatment, Elgin's water is less corrosive or scaling and the water re- quires no additional treatment at resident's homes. OPERATIONAL ANALYSIS Lime is very corrosive in nature and the exposure of the metal equipment to the lime takes its toll. The lime slakers and feeders used in the softening process at the Airlite Street Water Treatment Plant are corroded to the point of failure. Identical models are available in stainless steel construction, which will prolong the useable life of these critical pieces of equipment in- [I► r- Originators: Kyla B. Jacobsen, Water Director Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A: Quote for the Equipment B: Purchase Agreement (Pk r • Delivered to Elgin $48,600.00 Attachment "A" SCOPE OF ENGINEERING The following documentation shall be provided by Siemens - Shop Drawing Submittal • Detailed Scope of Supply • Comments&Clarifcations • 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) • Warranty Statement - Operations and Maintenance Manuals • Ordering Information • Warranty Statement • Introduction • Safety Precations • Preventive Maintenance General Information • Maintenance Record Card • Regional Offices • Tecgnical Data • Installation • Operation • Service • Illustrations • Preventive Maintenance Kits and Spare Parts Lists • Additional NOTE—It is Siemens Industry,Inc's goal to be environmentally responsible. One(1)hard copy of the drawing submittal and O+M manuals can be provided. Up to eight(8)CD ROM copies will be furnished. Additional hardcopies of the submittal and O+M manuals can be provided at a cost of$50.00 each. Terms: Net 20 Price validity: 30 days All equipment will be guaranteed against defects in material and workmanship for a period of one (1) year from date of installation (not to exceed 18 months from date of shipment). Warranty shall be limited to the exchange of defective parts, excluding all labor and shipping costs. We sincerely appreciate this opportunity to quote your requirements, and look forward to being of service! QUOTED BY: Mitch Berg r SMITH ECOLOGICAL SYSTEMS COMPANY www.smithecological.com page 2 ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR pursuant to this Agreement, the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of procuring goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or services as provided in this agreement. In the event of any breach of any of the terms of this Agreement by the CITY, CONTRACTOR's damages shall be limited to the maximum of the purchase price provided for herein on a pro- rata basis. CONTRACTOR shall not be entitled to and CITY shall not be liable to CONTRACTOR for, any consequential, compensatory, punitive, incidental or nominal damages other than as provided for above. ARTICLE V. GOVERNING LAW/VENUE AND ORDINANCES. This agreement shall be subject to and governed by the laws of the United States, the State of Illinois and the City of Elgin, 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 in the circuit court of Kane County, Illinois. ARTICLE VI. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void o otherwise unenforceable for any reason, including but not limited to any violation of any law as provided for in Article XV herein, the remainder of this agreement shall remain in full force and effect. ARTICLE VII. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, and national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ARTICLE VIII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in this agreement without prior written consent of the CITY. ARTICLE IX. AMENDMENTS. There shall be no modification of this agreement, except in writing and executed with the same formalities of the original. ARTICLE X. NOTICES. Any notice given under this agreement shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at 1817 17th Ave., Rockford, IL 61104 to the attention of Mitch Berg or undersigned representative, and if to the CITY to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and or authorized representatives as either party shall designate in writing to the other the manner herein provided. equipment being purchased herein. Additionally, CONTRACTOR hereby expressly provides a warranty of merchantability as to any goods provided for herein, and warrants that all services shall be provided in a reasonable manner with reasonable workmanship. ARTICLE XV. ENTIRE AGREEMENT. This agreement embodies the whole agreement between the parties hereto. There are no other agreements, either oral, written or implied between the parties hereto; and this agreement shall supersede any and all previous communications, representations, or agreements, either verbal or written, between the parties. ARTICLE XVI. INDEPENDENT CONTRACTOR. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. ARTICLE XVII. TIME. Time is of the essence of this agreement. The person signing this agreement certifies that s/he has been authorized by the CONTRACTOR to execute this agreement on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN By By (Name and Title) City Manager FEIN NO 414 ELGIN THE CITY IN THE SUBURBS' DATE: May 17, 2012 TO: Kyla Jacobsen, Water System Superintendent FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 12-64 Adopted at the April 11, 2012, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY FOR LIME SLAKER AND FEEDER REPLACEMENT AT THE AIRLITE STREET WATER TREATMENT PLANT