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HomeMy WebLinkAboutRES 23-322RESOLUTION NO, 23-322 BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is Hereby authorized to approve the purchase and installation of a PAX PWM250 mixer assembly for use at the Southwest Elevated Storage Tank in the amount of $56,630.00 from PAX Water Techriologies, Inc., of Chicago, Illinois. The zueeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Bgaumont this the 31st day of October, 2023. Roy Vest - PAX WATER TECHNOLOGIES A deanwaterl Company FIRM PROPOSAL PAX PWM250 MIXER FOR BEAUMONT TX - 1 MG SOUTHWEST EST PAX PWM250 SERIES MIXER PAX Water Technologies, Inc. File No.: P23 20964-Rev 2 Prepared on: July 5, 2023 SALES REPRESENTATIVE: Environmental Improvements (E12) Blake Roye 1183 Brittmaore Rd., Ste.100 Houston, TX 77043 T: (713) 461-1111 Email: blake@ei2hou.com Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A cleanwaterl Company TABLE OF CONTENTS Cover Letter Section 1 : Scope of Supply Section 2 : Proposal Acceptance Section 3 : Terms and Conditions IMPORTANT NOTICE: All the information in this Proposal or supplied in connection with this Proposal (including drawings, designs and specifications) (collectively, the "Information") is confidential and has been prepared for Buyer's use solely in considering the purchase of the goods and services described. Transmission of all or any part of this Proposal to others or use by Buyer for other purposes is unauthorized without Seller's advance written consent. Phone: (866) 729-6493 Email: sales@paxwater.corn Web: paxwater.com PAX WATER TECHNOLOGIES A cleanwa-erl Company July 5, 2023 John Pippins Beaumont Water Department Re: Blueprint Drawing 7-6760 Contract No. 15 Project C-10 Drawing, 1,000,000 Gallon Southwest Elevated Water Storage Tank Bid No. WU0123-08 Drawing, Southwest Elevated Storage Tank Rehabilitation Lift Station PAX PWM250 Mixer for Beaumont Water Department, TX PAX Water Technologies, Inc. File No.: P23-20964-Rev 2 Dear John, Thank you for your interest in PAX Water Technologies, Inc., a cleanwaterl company. We are pleased to provide a Proposal for a PAX PWM250 mixer for the 1 MG Southwest EST. Our Proposal is based on the following design criteria: Gallons of Stored Water, in Millions 1 Average Asset Turnover, MG 0,2 Maximum Asset Turnover, MGD 0.35 Tank Diameter, in feet 76 Tank Height, in feet 44 Total Tank Height, in feet 135 High Water Level, in feet 32 Low Water Level, in feet 23 The PAX PWM250 mixer is a submersible active mixing system for potable water storage tanks and reservoirs. When operated correctly, the PAX PWM250 mixer can rapidly eliminate thermal stratification, decrease ice formation, rapidly blend and distribute doses of residual disinfectant, and maintain uniform chemical and temperature conditions. Under some conditions, the mixing action can also reduce the rate of residual disinfectant loss and lower volatile disinfection byproduct levels inside the tank when used as part of an in -tank aeration system. Installation of the PAX PWM250 mixer is very simple. The utility or contractor can perform the "wet - side" mixer installation while the tank is full by lowering the mixer into the tank access hatch using a stainless steel chain. Equipment start-up may be provided by PAX or the local PAX representative. PAX will provide installation a start-up checklist form. A detailed scope of work and firm price for the complete system is listed in Section 1 of this Proposal. Section 3 includes our standard Terms and Conditions. All pricing is based on the scope of work described in Section 1 and the Terms and Conditions in Section 3. The PAX line of water mixers offers many advantages, including: • Eliminates thermal stratification, short-circuiting and "dead zones" • Eliminates chemical stratification and residual loss • Lowers surface water temperature and combats biofilm growth • Reduces variability in water taste and odor • Reduces nitrification risk in chloraminated water systems • Lowers rate of disinfection byproduct (DBP) formation • Delivered and installed quickly, with minimal construction and installation cost • Proven track record supported by years of successful operational experience Phone: (866) 729-6493 Email: sales@paxwater.cotn Web: paxwater.com PAX WATER TECHNOLOGIES A deanwaterl Company We look forward to working with you on this project. If we can be of any further assistance, please do not hesitate to contact our sales representative Blake Roye at Environmental Improvements (E12), or me at (210) 245-0870. Thank you. Sincerely, Jeremy Scott Regional Sales Manager cc: John Busse, cleanwaterl , inc. Wendy Trinh, PSI Water Technologies, Inc. Blake Roye, Environmental Improvements Phone: (866) 729-6493 Email: sales@paxwater.corn Web: paxwater.com PAX WATER TECHNOLOGIES A deanwa erl Company SECTION I SCOPE OF SUPPLY PAX PWM250 MIXER A. Scope of Supply by PAX B. Scope of Work by Steward Tanks C. Scope of Work by Others D. Clarifications E. Terms of Payment/Price Validity F. Delivery G. Warranty Phone: (866) 729-6493 Brnail: sales@paxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A deanwaterl Company A. SCOPE OF SUPPLY BY PAX The following equipment and services comprise our scope of work: No Item Description 1 PWM250 Mixer Wet Assembly, including: ■ Stainless -Steel ballast ball and housing ■ EPDM molded foot ■ Integrated power cable • The ability to function continuously regardless of tank cycles • 230V Three phase 2 horsepower water-cooled motor powered by the PAX Control Center ■ 50 ft stainless -steel installation chain ■ See below for on -site power requirement(s) 2. Control Center Dry Assembly with SCADA Compatibility, including: NEMA 4 Enclosure: ■ Lockable and weather resistant ■ Overall weight of control center 70 lbs. ■ Operating temperature range -4 OF to 129 OF (-20 °C to 55 °C) ■ Green and Red LED Indicator lights to display motor status K White LED Indicator light to display power ■ Cooling fan Motor ControllerNFD: ■ Allen Bradley ■ On -site power requirement: 230VAC single phase ■ VFD Rating: 3 HP ■ HOA Switch ■ Manual speed control ■ Thermal shut-off protection built-in ■ Current overload protection built-in ■ Sine filter ■ Branch -circuit protection SCADA outputs included: ■ Digital Output signal indicating motor running ■ Digital Output signal indicating fault Digital InputlOutput signal for remote motor on/off ■ RS-485 or Dry Contact connections ■ 4-20mA signal 3. Cable 130 ft., including: ■ Fiat -jacketed 4-conductor 4, Tank Penetration Accessories ■ Stainless steel strain relief for 4 wire flat -jacketed cable Q. tv. 5. Submittal and Operation & Maintenance Manual as Follows Included ■ Submittals: Qty. One (1) Sent Electronically ■ O&M Manual: Qty. One (1) Hard Copy Please notify us if an alternate quantity is required so that we can modify our Proposal accordingly. Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A deanwaterl Company No Item Description A 7. 1.1 2. 3 4 5. 6. 7. 8. 9. 10 Manufacturer's Field Services (9 Day at the Jobsite), including: ■ System Start -Up • Operator Training FOB Factory, Milpitas, CA with Full Freight Allowed to Jobsite, Beaumont Water Department, TX FIRM PRICE [ITEMS 1 — 71 System Installation by Steward Tanks Q. ty• Included Included [US] $ 33,950 FIRM PRICE [ITEM 8] [US] $ 22,680* * Note: Price assumes mixer control panel is to be located inside tank riser at ground level. STCI will mount controller to riser sidewall or shall provide Uni- strut mounting support (for mixer controller only) for the controller utilizing existing foundation whichever is most feasible. TOTAL PRICE [ITEMS 1 — 8] SCOPE OF INSTALLATION BY STCI [US] $ 56,630 Mounting of manufacturer supplied mixer control panel utilizing unistrut to tank riser sidewall (ground level). Unistrut attachment secured to sidewall or Unistrut rack with washered Tapcon screws. Installation of 1" schedule 40 PVC conduit from mixer controller routed up tank riser access ladder with conduit beam clamps (secured to the ladder stand-offs or magnetic mounts -STCI shall determine best method) to riser platform. Based on tank design, STCI shall install all equipment INSIDE the tank. Tank penetration: [if necessary] A 1" hole will be drilled as necessary at riser platform above the high water level to allow for mounting of aluminum conduit body (dry side) to the Pax supplied 1" strain relief (wet side). a. A 3/8" hole will be drilled in riser platform to allow to mounting of S.S. eyebolt (STCI supplied) to secure mixer recovery chain (PAX supplied). Physical install of PWM-250 into the tank: Installation assumes the mixer to be installed in the tank while empty and be positioned below the roof access hatch nearest the exterior access ladder. The mixer power cable will be secured (nylon zip ties) at 10'-12' intervals to recovery chain to maintain a neat appearance and limit possible entanglement. Recovery chain will be secured to S.S. eyebolt mounted in sidewall of roof access hatch neck/nozzle. a. Mixer cable will pass through the strain relief and terminate in an aluminum conduit body. 12 AWG THHN stranded wire (red, black, yellow, green — STCI supplied) will be pulled through the 1" PVC conduit from the controller to the conduit body. Mixer wire will be connected to 12 AWG TTHN wire in conduit body via wire nuts. 12 AWG TTHN wire to/from mixer will be connected to the mixer controller pet, manufacturer's instructions, Measurement of readings required by the manufacturer will be made to confirm proper mixer operation when mixer is powered on. a. If power is not supplied to controller at time of installation, STCI will not be able to test and confirm mixer operation. STCI / PAX will not be responsible to return and confirm operation of mixer at a later date. Site clean-up of related installation materials. Installation includes conduit, conduit connections, wire, and conduit mountain brackets. Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A cleanwaterl Company C. SCOPE OF WORK BY OTHERS 1. Equipment unloading and installation. 2. All civil works, concrete penetrations, concrete work, concrete pad for equipment. 3. Any underground, trenching, or structural work. 4. Anchor bolts, seismic restraints, S.S. shackles, and any associated seismic calculations. S. Heat tracing and insulation of all interconnecting equipment. 6. Any supply or install of room ventilation, air conditioning, lighting, signs, powered vents, water or air heaters, pressure tanks, sinks, showers, drains and/piping, controllers/switches. 7. Any video recording. 8. Installation, supply, or connection of incoming electrical power to control panel or other equipment. 9. Any safety disconnects or enclosures. 10. Any electrical conduit runs including any below grade conduit supply or installation. 11. Any tank recoating services, labor, or parts. 12. Any tank hatch penetrations. 13. All electrical conduit, wiring, electrical material, connection, etc. between control panel, SCAi3A, etc. 14. Any installation of electrical outlets, inspection, or engineering. 15. Any installation of pull boxes, pipe raceways, sumps, sewer connection, or water supply piping. 16. Any line locates of any type, radiological/magnetic locates. 17. Any welding (beyond noted above in Part 1, subsection B). 18. Any tank cleaning or disinfection. 19. Any samples. 20. All taxes, fees, lien waivers, bonds and licenses. 21. Any permitting or regulatory approvals. 22. Any liquidated damages. 23. Any items not explicitly listed under Scope of Work by PAX above. C. CLARIFICATIONS 1. The PWM250 utilizes a stainless steel chain for lowering mechanism. 2. On -site power requirement to the Control Center of the PAX Mixer is 230VAC single phase. 3. Reservoir Low Water Level must be above 6 feet for the PWM250 to function properly. 4. If power is not supplied to controller at time of installation, STCI will not be able to test and confirm mixer operation. STCI / PAX will not be responsible to return and confirm operation of mixer at a later date. 5. If transaction is tax-exempt, please submit Tax Exemption Certificate to PAX. 6. PAX requires a minimum of two (2) weeks notification prior to performing onsite installation inspection, system start-up and training. PAX will work with you to attempt to accommodate your scheduling needs. Contact the Service Department at (866) 729-6493 to schedule the onsite visit. 7. Once the on -site service has been scheduled, PAX requires a minimum of one (1) week notification in the event of a delay. Notice of delay received less than one (1) week prior to a scheduled site visit may result in a change fee. Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A deanwaterl Company D. TERMS OF PAYMENT/PRICE VALIDITY ■ Payment terms are 100% net 30 days after shipment of equipment. ■ Price valid for 30 days. PAX may reprice this Proposal thereafter or if delivery occurs more than 365 days after PAX receives a mutually agreed order. E. DELIVERY ■ Submittals: 2 weeks after receipt of mutually agreed order • Equipment Shipment: 6-7 weeks after approval of submittals F. WARRANTY ■ PAX will warrant the equipment for 5 years as set forth in its standard warranty included in the Terms and Conditions at Section 3 of this Proposal. Phone: (866) 729-6493 Email: sales a&paxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A deanwaterl Company SECTION 2 PROPOSAL ACCEPTANCE PAX Water Technologies, Inc. Pile No.: P23-20964-Rev 2 1) This Proposal by PAX Water Technologies, Inc. ("Seller") is contingent upon the undersigned buyer ("Buyer") executing this Proposal, including without limitation agreeing to the terms and conditions contained in this Proposal. 2) Please return a signed copy of this Proposal to: PAX Water Technologies, Inc. 550 Sycamore Drive Milpitas, CA 95035 Attn: Orders Phone: (510) 550-7100 E-mail: orders@ugsicorp.com Thank you for your interest in PAX. We are committed to meeting your expectations. Proposal Acceptance An authorized signature indicates Buyer's acceptance of this Proposal, including without limitation the Terms and Conditions in Section 3 below. Company Name Date Requested Arrival Date Buyer's Name (printed) Buyer's Authorized Signature Bill To Name: Ship To Name: Bill To Email: Ship To Email: Bill To Phone: Ship To Phone; Bill to Address: Ship to Address: City State Zip City State Zip Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A cleanwaterl Company SECTION 3 TERMS AND CONDITIONS 1, Applicable Terms. These terms govern Seller's sale, and Buyer's purchase, of the products and/or services referred to in Seller's proposal or quotation (collectively, the "Products"). The front page of Buyer's purchase order (disregarding any reference to terms and conditions and any provisions that conflict herewith), if any, together with the description of the Products in Seller's proposal or quotation and these terms and conditions comprise the complete and exclusive agreement between the parties (the "Agreement") related to the purchase and sale of the Products. All prior communications, documents, negotiations and representations, if any, are merged herein. 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. Any additional, different or conflicting terms contained in Buyer's request for proposal, specifications, purchase order or any other written or oral communication from Buyer shall not be binding in any way on Seller, whether or not they would materially alter this document, and Seller hereby objects thereto. All orders are subject to prior credit approval by Seller. 2. Pricing. The prices shall be: (a) as stated in Seller's proposal or order acknowledgment, or (b) if none are stated, Seller's standard prices in effect at the time of release for shipment. 3. Payment. Unless otherwise stated, all payments shall be net 30 days from invoice date payable in United States Dollars. If Buyer fails to make any payment to Seller when due, Buyer's entire account(s) with Seller will become immediately due and payable without notice or demand. Buyer will pay 1'/% interest per month, compounded monthly, on all amounts not received by the due date. Buyer hereby grants Seller a purchase money security interest in the Products until such time as Seller is fully paid. Buyer will assist Seller in taking action to perfect and protect Seller's security interest. Seller may make partial shipments, in which case, Buyer shall pay for each shipment in accordance with the terms hereof. 4. Taxes, Shipping, Packing. Except to the extent expressly stated otherwise in these terms or in Seller's proposal or quotation, prices do not include any freight, storage, insurance, taxes, excises, fees, duties or other government charges, and Buyer shall pay such amounts or reimburse Seller for any such amounts Seller pays. If Buyer claims a tax or other exemption or direct payment permit, it shall provide Seller with a valid exemption certificate or permit and indemnify, defend and hold Seller harmless from any taxes, costs, and penalties arising out of same, Prices include the costs of Seller's standard domestic packing only. Any deviation from standard packing (domestic or export) shall result in extra charges. Any and all increases, changes, adjustments, or surcharges (including fuel surcharges) which may arise in connection with the freight charges, rates or classification included as part of this Agreement, shall be for the Buyer's account. 5. Delivery. Products shall be delivered P.O.B. Seller's point of shipment or Ex Works Seller's paint of shipment if being delivered outside the United States, All delivery dates are estimated and are dependent in part upon prompt receipt of all necessary information from Buyer, including submittal approvals, if applicable, and all required commercial documentation. Seller will make a good faith effort to complete delivery of the Products on the date and to the location specified in writing by Buyer, but Seller assumes no liability for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Seller. If Buyer causes or requests a shipment delay, or if Seller ships or delivers the Products erroneously as a result of inaccurate, incomplete or misleading information supplied by Buyer or its agents or representatives, storage and all other additional costs and risks will be borne solely by Buyer. Any claims for Products damaged or lost in transit ("Transit Losses") must be made by Buyer to the carrier and reported to Seller within one business day following delivery to Buyer. 6. Inspection and Acceptance. Buyer will have seven days from the date Buyer receives any Products to inspect such Products for defects and nonconformance which are not due to Transit Losses, and to notify Seller, in writing, of any defects, nonconformance or rejection of such Products. After such seven- day period, Buyer will be deemed to have irrevocably accepted the Products, if not previously accepted. Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A cleanwaterl Company After such acceptance, Buyer will have no right to reject or revoke acceptance of the Products for any reason. 7. Returns and Cancellation. Buyer may not return custom engineered Products. Buyer may return other Products only with Seller's prior written approval, which may be withheld in Seller's sole discretion. Any authorized return will be subject to payment of a restocking charge and will be allowed only if the subject Product: (i) is in new condition, suitable for resale, and (ii) has not been used, installed, modified, altered or damaged. The restocking charge for authorized returns will be no less than (x) 25% of the purchase price, net of any freight charges included in the purchase price, plus (y) 100% of freight costs incurred by Seller. Buyer is responsible for the payment or reimbursement of return freight charges. Returns will be shipped F.O.B. Seller's location. Seller may, but will not be obligated to, treat any cancellation of an accepted order as an authorized return. 8. Force Majeure. Seller will have no liability for any breach 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, epidemic or other public health crisis, or any other cause beyond Seller's reasonable control. 9. Warranty. Seller warrants to Buyer and the initial end -user of the Product (collectively, the "Owner") for the Warranty Period (as defined below) that each Product is free from defects in material and workmanship and conforms to Seller's specifications applicable to the Product. Seller's warranty is conditioned on (i) Seller's verification of the alleged breach; (ii) the Product being stored, handled, installed, started -up, operated and maintained in accordance with Seller's instructions, (iii) no repairs, modifications or alterations being made to the Product other than by Seller or its authorized representatives, (iv) Owner providing prompt written notice of any warranty claims within the Warranty Period, and (v) at Seller's discretion, Owner either removing and shipping the Product or non -conforming part thereof to Seller, such freight cost to be paid by Seller, or Owner granting Seller access to the Products at all reasonable times and locations to assess the warranty claims. Seller's warranty does not cover damage due to (x) acts of nature or third parties, or (y) ordinary wear and tear. The sole remedy for any breach of Seller's warranty is limited to Seller's choice of repair or replacement of the Product, or non -conforming parts thereof, F.O.B, jobsite, or refund of the purchase price for the subject Product or part. Seller reserves the right to provide new or reconditioned replacement Products or parts (collectively, "Replacement Items"). The warranty on Replacement Items is limited to the remainder of the original Warranty Period and otherwise subject to the terms of this warranty. This warranty includes labor to install Replacement Items, subject to the following conditions: (a) Seller will reimburse Owner's reasonable, documented labor costs to install the Replacement Items up to an aggregate maximum of $2,500 over the full Warranty Period; and (b) Seller may elect, but is not obligated, to install the Replacement Items itself, in which case (i) Seller will bear all of its costs of installation; and (ii) Seller's obligations to pay for or provide additional labor under this warranty will be discharged in full. In any event, labor costs of divers and labor costs required to drain the storage tank or reservoir are excluded from this warranty. If Seller determines that any alleged defect or damage is not covered by this warranty, Seller will charge, and Owner will pay, Seller's normal rates for any inspection or repair performed by Seller, and for any materials provided or used in connection therewith. The "Warranty Period" applicable to each Product begins on the date of installation or three (3) months after shipment, whichever comes first, and continues for 60 months thereafter. THE WARRANTY SET FORTH IN THIS SECTION IS INTENDED TO BE SELLER'S SOLE AND EXCLUSIVE WARRANTY AND SELLER'S WARRANTY IS SUBJECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES REGARDING SERVICES RENDERED, IF ANY, OR ANY WARRANTIES THAT MIGHT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. IF IT IS ALLEGED OR DETERMINED THAT SELLER HAS MADE ANY OTHER WARRANTIES, SUCH OTHER WARRANTIES SHALL BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS, AND PROCEDURES SET FORTH IN THIS SECTION 9 AND SECTION 10 BELOW. Phone: (866) 729-6493 Email: salesQpaxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A deanwaterl Company 10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING ATANY TIME FROM THE SALE OR USE OF THE PRODUCTS WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCTS. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. THE REMEDIES SET FORTH IN THIS AGREEMENT ARE INTENDED TO CONSTITUTE A COMPLETE ALLOCATION OF THE RISKS BETWEEN THE PARTIES, AND BUYER ACKNOWLEDGES THAT IT 1S KNOWINGLY LIMITING THE REMEDIES THAT MIGHT OTHERWISE BE AVAILABLE TO BUYER. BECAUSE THIS AGREEMENT AND THE PRICE PAID REFLECT SUCH ALLOCATION, THE REMEDIES PROVIDED TO BUYER HEREUNDER WILL NOT HAVE FAILED OF THEIR ESSENTIAL PURPOSE EVEN IF THEY OPERATE TO BAR RECOVERY FOR CERTAIN DAMAGES THAT BUYER MAY INCUR. 11. Remedies of Seller. Any of the following will constitute an event of default which will enable Seller, at its option and without liability to Buyer, to cancel any unexecuted portion of the order that is the subject of this Agreement and to exercise any other right or remedy expressed herein or otherwise available at law or in equity: (i) the failure of Buyer to make any payment required hereunder when due ("Payment Default") or to perform any other term or condition contained herein; (ii) the insolvency of Buyer or its failure to pay its debts as they mature, an assignment by Buyer for the benefit of its creditors, the appointment of a receiver for Buyer or for the materials covered by this Agreement, or the filing of any petition to adjudicate Buyer bankrupt; (iii) a failure by Buyer to provide adequate assurance of performance within ten days after a justified demand by Seller; or (lv) if Seller, in good faith, believes that Buyer's prospect of performance under this Agreement is impaired. Seller's obligations under Section 9 hereof will be suspended during the pendency of any Payment Default. No such suspension will extend Seller's obligations under Section 9 beyond the Warranty Period provided therein. Seller's election of any remedy in the event of a default by Buyer will not preclude Seller from exercising any other remedy available to Seller hereunder or at law or in equity for the same or any other default. In the event it becomes necessary to incur any expense for collection of any overdue account, Seller's collection charges, including attorneys' fees and expenses, will be added to the balance due and Buyer will pay all such charges together with interest thereon from the date incurred in accordance with Section 3. 12. Equal Employment Opportunity. Seller is an equal opportunity employer. The parties shall, as applicable, abide by the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.5(a), 41 CFR 60-741.5(a) and Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart A) (relating to the notice of employee rights under federal labor laws), and these laws and regulations are incorporated herein by reference. 13. Export Compliance. Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale, export, transfer, assignment, disposal, and use of the Products provided under this Agreement, including any export license requirements. Buyer agrees that such Products 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 noncompliance with such 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 WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS. 14. Miscellaneous. No part of this Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. As used in this Agreement, "including" and its variants mean "including without limitation" and its variants. No course of dealing or performance, usage of trade, or failure to enforce any term will be used to modify the Agreement. Buyer acknowledges that it has not relied upon any letters of intent, agreements, promises, negotiations, statements or representations other than those expressly set forth in this Agreement and that no such extraneous document or other communication shall be of any force or effect. Buyer agrees and warrants that in entering into this Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A deanwaterl Company Agreement, Buyer is relying solely upon the information contained in this Agreement and not in reliance upon any other information. If any of these terms is unenforceable, such term will be limited only to the extent necessary to make it enforceable, and all other terms will remain in full force and effect. Buyer may not assign this Agreement without Seller's prior written consent. This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. Any bond issued by Seller in connection with the sale of the Products shall remain in effect for a maximum of two (2) years after acceptance of the Products, and the only warranty, guaranty or Product performance obligations covered thereby shall be those at Section 9 above. Buyer covenants to return any such bond to Seller upon the earlier to occur of (x) the expiration of the Warranty Period, and (y) the expiration of the aforesaid two-year period. All Product performance obligations of Seller are contingent on the conditions of and within the tank in which the Products are installed being as specified by Seller and will be considered satisfied and discharged upon successful completion of the initial Product performance testing. EACH OF THE PARTIES IRREVOCABLY AND UNCONDITIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING IN CONNECTION WITH THE TRANSACTION CONTEMPLATED HEREBY. Rev Date 03.25.22 Phone: (866) 729-6493 EmalL sales@paxwater.com Web: paxwater.com PAX WATER TECHNOLOGIES A cleanwaterl Company October 23, 2023 John Pippins Beaumont Water Department Beaumont, TX 77707 Re: PAX PWM250 Mixer for Beaumont Water Department Dear John, 550 Sycamore Drive Milpitas, CA 95035 866 729 6493 a cleanwateri.com info@cleanwatori.com PAX Water Technologies (PAX) of Milpitas, California proposes to supply a PAX PWM250 Mixer to the Beaumont Water Department. PAX designs, manufactures and supplies a range of potable water mixers that generate a unique, high -efficiency, toroidal flow. The PWM250 Mixer is an active jet mixer that creates a powerful vortex flow pattern to thoroughly circulate the entire tank volume and prevent thermal and chemical stratification. PAX is the sole manufacturer of the PWM250 Mixer, Environmental improvements, Inc. (Fl2) is PAX's independent representative in Texas for PAX Water Mixers. FF possesses the technical expertise and service capability to provide mixing solutions to address its customers' water quality requirements. If you have further questions, please contact our Regional Sales Manager, John Busse, at (936) 537-7356. Sincerely, _�, I �� &'U" Guy Chadwell Vice President and General Manager PAX Water Technologies a division of UGSI Chemical Feed, Inc.