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HomeMy WebLinkAbout08-106 Resolution No. 08-106 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DRYDON EQUIPMENT, INC. FOR SUBMERSIBLE PUMP 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 Drydon Equipment, Inc. for the purchase of a submersible pump, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITY OF ELGIN AGREEMENT FOR Replacement Submersible Pump(R9WWRP-01 &-02) This Agreement is made and entered into this 3rd day of March, 2008 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and Drydon Equipment, Inc., incorporated in the state of Illinois and having a principal place of business at 2445 Westfield Dr(Suite 100), Elgin IL.60124("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement. The CONTRACTOR shall provide goods and/or services relating to the replacement of a submersible pump for the CITY'S wash water recovery basin. The apparatus and equipment is commonly known as a replacement submersible pump(R9WWRP-01 &-02). ARTICLE II. SCOPE OF WORK. The CONTRACTOR shall provide the goods and/or services described herein, and the CITY shall pay to the CONTRACTOR the total sum of$19,584.00. ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the goods and/or services upon receipt of a purchase order. The CITY shall pay to the CONTRACTOR the total sum of $19,584.00 within thirty (30) days of delivery. ARTICLE IV. TERMINATION. The following shall constitute events of default under THIS CONTRACT: 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 CONTRACT including, but not limited to, the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. ARTICLE V . DAMAGES. From any sums due to the CONTRACTOR for services, 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 services as a result of any failure, omission or mistake of the CONTRACTOR in providing the goods and services as provided in THIS CONTRACT. ARTICLE VI. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, or in the event any of the terms or provisions herein are deemed to be void or otherwise unenforceable for any reason, such clause shall be void (the remainder of the contract shall not be affected) and the laws or ordinances shall be operative in lieu thereof. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be in the Circuit Court of Kane County, Illinois. ARTICLE VII. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, 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. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incorporated by reference, as if set out verbatim. ARTICLE VIII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE IX. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE X. NOTICES. Any notice given under this CONTRACT 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 the address set forth above to the attention of the project manager 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 in the manner herein provided. ARTICLE XI. INDEMNIFICATION. 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 or 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 CONTRACT, 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. ARTICLE XII. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XIII. AUTHORIZATION. This CONTRACT is in the best interests of the CITY and is authorized by law. 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. ARTICLE XIV. NO AGENCY. This CONTRACT shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto, except as may be specifically provided for herein. ARTICLE XV. CONFLICT. In the event of any conflict between the terms provided in any attachments hereto and the body of this CONTRACT, the terms and provisions of this CONTRACT shall control. ARTICLE XVI. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this CONTRACT shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. ARTICLE XVII. COMPLAINCE 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 all 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. ARTICLE XVIII. TEST OF EQUIPMENT. In case the CITY desires to test the said apparatus and equipment, such test shall be made within ten (10) days after delivery to CITY. If the apparatus and equipment fails to perform in compliance with said specifications, the CITY may, at its sole and exclusive option, terminate the Agreement and return the apparatus and equipment to CONTRACTOR without any costs, or require CONTRACTOR to remove the failed apparatus and equipment and deliver new apparatus and equipment within ten (10)days. ARTICLE XIX. TITLE AND RISK OF LOSS. Title and risk of loss shall be with CITY upon delivery. ARTICLE XX. WARRANTY. CONTRACTOR shall warrant the apparatus and equipment to the CITY, and CITY shall have a property interest in the warranty. The warranty shall survive any expiration and/or termination of this Agreement. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONT' CT.' - CITY OF ELGIN ivitar -0/ re IP■ A 41111k ."1"7 e and i City Ma ! City M a a FEN NO.36-28272 2 -------wij(ID C........„, DRYDON EQUIPMENT, INC. 2445 Westfield Drive, Suite 100 Elgin, IL 60124-7840 224/629-4060 224/629-4061 Fax Date: March 28, 2008 To: Chris Ludovice City of Elgin/Riverside WTP From: Debbie Sommers Re: Req. # 221564-Fairbank Morse Spare Pump Chris: As per our conversation, I have enclosed 2 Purchase Agreements for above order executed on behalf of Drydon Equipment Inc. Please have one executed on behalf of the City of Elgin and return to my attention at above address. Feel free to call if you have any questions. Thank You, ,---2 • rJt�, E March 21, 2008 G TO: Mayor and Members of the City Council N riAL FROM: Olufemi Folarin, City Manager RIVER AS A RESOURCE Kyla B. Jacobsen, Water System Superintendent SUBJECT: Sole Source Purchase of a Wash Water Recovery Pump PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a sole source purchase of a wash water recovery pump for the Riverside Water Treatment Plant. RECOMMENDATION It is recommended that the Mayor and the City Council authorize the sole source purchase of the wash water recovery pump from Drydon Equipment, Inc. of Elgin, IL in the amount of$19,584 for the Riverside Water Treatment Plant. BACKGROUND The wash water return pumps (Fairbanks-Morse DJ5434 SMV-8) at the Riverside plant were added during plant expansion in 1999 and have been in service ever since. Due to limitations in the treatment process, only one of the pumps was run at a time. The only maintenance recommended for them is to replace oil in the seal cavity periodically, which requires removal and disassembling of the pump. Subsequent to the addition of a second wash water basin (and a second sludge transfer line), both pumps are now being used simultaneously and the performance of the plant would now be significantly diminished with only one pump in operation. Repairs to these pumps are both costly and time consuming (typically several weeks). It is recommended that a spare, standby pump be purchased and installed in rotation with the two existing pumps during maintenance or repair. The mounting pads for these pumps are designed to fit only Fairbanks-Morse pumps and are permanently mounted in the basin. As a result, an exact duplicate of the existing pumps must be obtained, rendering this a"sole source"purchase. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None Purchase of Wash Water Recovery Pump March 21, 2008 Page 2 FINANCIAL IMPACT The cost from Drydon Equipment, Inc. of Elgin, IL for the replacement wash water recovery pump is $19,584. There are sufficient funds budgeted ($24,000) and available ($24,000) in the 2008 Water Fund, account number 401-4002-771.91-46, Capital Replacement — Other Equipment, project number 409717, to cover the cost of the new submersible pump. LEGAL IMPACT None ALTERNATIVES 1. The Council may choose to approve the sole source purchase without competition as recommended and as described and permitted in the Elgin Municipal Code Chapter 5.14. 2. The Council may choose to not approve the sole source purchase. This is not recommended, and will prevent the Water Department from adequately operating the wash water recovery process which will paralyze water treatment. Respectfully submitted for Council consideration. /kbj CITY OF ELGIN AGREEMENT FOR Replacement Submersible Pump(R9WWRP-01 &-02) This Agreement is made and entered into this 3rd day of March, 2008 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and Drydon Equipment, Inc., incorporated in the state of Illinois and having a principal place of business at 2445 Westfield Dr(Suite 100), Elgin IL. 60124 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement. The CONTRACTOR shall provide goods and/or services relating to the replacement of a submersible pump for the CITY'S wash water recovery basin. The apparatus and equipment is commonly known as a replacement submersible pump(R9WWRP-01 &-02). ARTICLE II. SCOPE OF WORK. The CONTRACTOR shall provide the goods and/or services described herein, and the CITY shall pay to the CONTRACTOR the total sum of$19,584.00. ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the goods and/or services upon receipt of a purchase order. The CITY shall pay to the CONTRACTOR the total sum of $19,584.00 within thirty (30) days of delivery. ARTICLE IV. TERMINATION. The following shall constitute events of default under THIS CONTRACT: 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 CONTRACT including, but not limited to, the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. ARTICLE V. DAMAGES. From any sums due to the CONTRACTOR for services, 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 services as a result of any failure, omission or mistake of the CONTRACTOR in providing the goods and services as provided in THIS CONTRACT. ARTICLE VI. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, or in the event any of the terms or provisions herein are deemed to be void or otherwise unenforceable for any reason, such clause shall be void (the remainder of the contract shall not be affected) and the laws or ordinances shall be operative in lieu thereof. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be in the Circuit Court of Kane County, Illinois. ARTICLE VII. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, 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. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incorporated by reference, as if set out verbatim. ARTICLE VIII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE IX. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE X. NOTICES. Any notice given under this CONTRACT 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 the address set forth above to the attention of the project manager 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 in the manner herein provided. ARTICLE XI. INDEMNIFICATION. 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 or 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 CONTRACT, 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. ARTICLE XII. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XIII. AUTHORIZATION. This CONTRACT is in the best interests of the CITY and is authorized by law. 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. ARTICLE XIV. NO AGENCY. This CONTRACT shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto, except as may be specifically provided for herein. ARTICLE XV. CONFLICT. In the event of any conflict between the terms provided in any attachments hereto and the body of this CONTRACT, the terms and provisions of this CONTRACT shall control. ARTICLE XVI. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this CONTRACT shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. ARTICLE XVII. COMPLAINCE 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 all 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. ARTICLE XVIII. TEST OF EQUIPMENT. In case the CITY desires to test the said apparatus and equipment, such test shall be made within ten (10) days after delivery to CITY. If the apparatus and equipment fails to perform in compliance with said specifications, the CITY may, at its sole and exclusive option, terminate the Agreement and return the apparatus and equipment to CONTRACTOR without any costs, or require CONTRACTOR to remove the failed apparatus and equipment and deliver new apparatus and equipment within ten (10)days. ARTICLE XIX. TITLE AND RISK OF LOSS. Title and risk of loss shall be with CITY upon delivery. ARTICLE XX. WARRANTY. CONTRACTOR shall warrant the apparatus and equipment to the CITY, and CITY shall have a property interest in the warranty. The warranty shall survive any expiration and/or termination of this Agreement. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONT' 'CT•' CITY OF ELGIN • ill 4ip?Jf et-c-54- �r�l!►1���[_ _ ��-. ( '117 e and 7, Olufemi • alin City Manag. FEIN NO.36-28272 2 DRYDON EQUIPMENT, INC. 2445 Westfield Drive, Suite 100 Elgin, IL 60124-7840 224/629-4060 224/629-4061 Fax Date: March 28, 2008 To: Chris Ludovice City of Elgin/Riverside WTP From: Debbie Sommers Re: Req. # 221564-Fairbank Morse Spare Pump Chris: As per our conversation, I have enclosed 2 Purchase Agreements for above order executed on behalf of Drydon Equipment Inc. Please have one executed on behalf of the City of Elgin and return to my attention at above address. Feel free to call if you have any questions. Thank You, '� Bbd