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Home My WebLink About25-34 Resolution No. 25-34 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH DXP ENTERPRISES, INC. DB/A DRYDON EQUIPMENT,A DXP COMPANY FOR SLUDGE PUMPS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with DXP Enterprises, Inc. d/b/a Drydon Equipment, a DXP Company, for sludge pumps, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 26, 2025 Adopted: February 26, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 26th day of February , 2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and DXP Enterprises, Inc., doing business under the assumed name of "Drydon Equipment, a DXP Company",a Texas corporation,(hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: ./ 1. City shall purchase, and Seller shall sell the goods described by Attachment A, attached hereto and made a part hereof. ./ 2. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. 3. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof;and Seller agrees that service by first class U.S.mail to Drydon Equipment,a DXP Company at 2445 Westfield Drive,Suite 100,Elgin,IL 60124, shall constitute effective service. ✓ 4. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 5. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 6. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, Seller and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act(50 ILCS 505/1,et seq.),as amended,or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration,completion and/or termination of this agreement. J 7. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,the reminder of this agreement shall remain in full force and effect. ,/ 8. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Seller hereby certifies, represents and warrants to the City that all of Seller's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Seller 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 agreement. The City shall have the right to audit any records in the possession or control of Seller to determine Seller's compliance with the provisions of this section. In the event the City proceeds with such an audit, Seller shall make available to the City Seller's relevant records at no cost to the City. Seller shall pay any and all costs associated with any such audit,not to exceed $900. 9. This agreement may be executed in counterparts,each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement,any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. •/ 10. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto,the terms and provisions of this purchase agreement shall control. 11. City shall pay the total sum of $51,799.62 within thirty (30) days of Seller's full performance of this agreement. The aforementioned total sum is inclusive of all freight and shipping. 12. Seller shall complete delivery of all goods and shall complete full performance of this agreement on or before April 23,2025. ,/ 13. Seller shall not be liable for delay directly caused by any prohibition, failure, interruption or delay in manufacture or delivery which may be occasioned by sabotage, fire, flood,explosion, labor dispute, strike,work stoppage, riot, insurrection,war, act of,or priorities granted by request of or for the benefit,directly or indirectly, of any government body,authority or agency, shortage of raw materials or supplies, act of God or other cause beyond Seller's control. In the events of any such prohibition, failure, interruption or delay, Seller may, at its option extend the delivery time or cancel the order in whole or in part. In no event shall Seller be liable for any consequential damage or claims for labor resulting from loss of profit of the City. ./ 14. In no event shall City be liable for any monetary damages in excess of the purchase price 2 contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages,or any damages resulting from loss of profit. ./ 15. Delivery shall occur, and risk of loss shall pass to the City, upon delivery of the material to the point of delivery. Transportation shall be Seller's risk and expense. ( I IN ( ,GIN DXP ENTEPRISES, INC. Thomas A. Dennis Richard G. Kozal. City Manager Print Name Attest: City Cl k Signature V. P. Title Legal Dept\Agreement\Drydon Equipment Purchase Agr-Sludge Pumps-2-13-25.docx 3 ATTACHMENT A LX'P c2 0m 1 0ODZIEDIEMI QU OTATI O N 2445 Westfield Dr-Ste 100 DATE QUOTE# Elgin IL 60124-7840 1/14/2025 112524DC-Elgin Phone:224-629-4060 REVO2 Fax: 224-629-4061 CUSTOMER SHIP TO David Knowles David Knowles Elgin Water Treatment Elgin Water Treatment david.knowles(lelglnll.Rov 375 W. River Rd., Elgin, II,60123 (847) 774-7350 TERMS FOB SHIP VIA EST LEAD TIME Net 30 Ship Point Best Way,Prepay&Add 6-8 weeks ARO ITEM DESCRIPTION QTY PRICE EACH EXTENDED 1 Fairbanks Pump 4"B54245 Rotating Assembly 2 $25,412.31 $50,824.62 Complete Rotating Assembly to Include all pump parts except the volute,front head,motor,high ring base, couplings,base,and elbow will include dynamically bolaced CW impeller,410-484 SST impeller wear ring,mechanical seal with SST sleeve 410-484 SST case wear ring&volute gasket will ship loose 2 Freight to Elgin 1 $975.00 $975.00 1 pallet, 11001bs THANK YOU FOR THE OPPORTUNITY TO PROVIDE YOU THIS QUOTE! TOTAL $51,799.62