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Home My WebLink About23-197Resolution No. 23-197 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH METROPOLITAN INDUSTRIES, INC. FOR THE PURCHASE OF A LIFT STATION PUMP FOR THE BOWES CREEK COUNTRY CLUB LIFT STATION 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 Metropolitan Industries, Inc., for the purchase of a lift station pump for the Bowes Creek Country Club lift station, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 25, 2023 Adopted: October 25, 2023 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 25th day of October 2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Metropolitan Industries, Inc., an Illinois 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. PURCHASE. City shall purchase and Seller shall sell and assemble the goods and/or services to the City as described in the one -page proposal dated September 5, 2023, Order No. SVQ003816, attached hereto and made a part hereof as Attachment A. Seller shall complete the services withinjn calendar days of the execution of this Agreement by the parties hereto. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions this Agreement and Attachment A, the terms and provisions of this Agreement shall supersede and control. 3. LAW/VENUE. 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 630 Dundee Road, Suite 120, Northbrook, IL 60062 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. 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. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, 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. 7. SEVERABILITY. 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 remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. 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 up to the amount of $900. 9. PREVAILING WAGE. This Agreement calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01, et seq., as amended. The Prevailing Wage Act requires contractors and subcontractors to pay laborers, workers, and mechanics performing services on public works projects no less than the current "prevailing rate of wages" (hourly cash wages plus amount for fringe benefits) in the county where the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on its website at http://labor.illinois.gov/. The Illinois Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor's website for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor's website. All contractors and subcontractors rendering services under this Agreement must comply with all requirements of the Prevailing Wage Act, including but not limited to, all wage requirements and notice and record keeping duties 10. COUNTERPARTS AND EXECUTION. 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. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means 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 facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 11. PAYMENT. City shall pay the total sum of Sixty -Three Thousand Eight Hundred and Forty -Two Dollars ($63,842.00) within thirty (30) days of the completion of the 2 services or City's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax-exempt governmental entity. 12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price 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. 13. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery and installation of the goods. 14. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, 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 Seller or Seller'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 and hold harmless, such action shall be defended by legal counsel of the City's choosing. 15. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 16. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 17. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 18. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time -barred. 19. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. 3 IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. METROPOLITAN INDUSTRIES, INC. Namefthreridfi Print Name 41-/-A Signature Vitt.. C5il,� fi Title LGIN Richard G. Kozal, City Manager Legal Dept\AgreementXMetropolitan Industries -Lift Station Pump-9-15-23.docx 4 H I I Ht.;I1IVIIN I H Metropolitan Industries Inc. 37 Forestwood Dr Romeoville, IL, 60446-1343 Phone: 815-886-9200 Web: www.metropolitanind.com Service Quotation Order No.: Order Date: Delivery Date: Customer ID: Currency: SV0003816 9/5/2023 9/5/2023 001517 USD BILL TO: SHIP TO: City of Elgin 150 Dexter Ct Elgin IL 60120-5527 United States of America Elgin -City of Bowes Creek Country Club - LS 3555 Bowes Road Elgin IL 60123 Attn: Kevin Smith CUSTOMER P.O. NO. Motor Assembly FOB POINT TERMS Net 30 SHIPPING TERMS CONTACT Thoms, Ray. rthoms@metropolitanind.com SHIP VIA NO. ITEM QTY. UOM PRICE DISC. EXTENDED PRICE 1 PARTS CHARGE Quoted Material NOTE: Materials to include: (1) Complete motor assembly Street price of a new pump is: $83,565.00 2 LABOR CHARGE 1.0000 EACH 2,240.0000 Quoted Shop Labor NOTE: We have disassembled the pump to its component form. The pump needs the following parts for the rebuild : Stator, Upper bearing lower bearing, Seals, 0-Rings. The stator needs to be heated and pressed out along with the new one having to be pressed in. This will need to be done at the motor shop. We will reassemble the pump with the new motor assembly and electrically test the pump for proper operation. Our P.O. Number: Case # 015224 1.0000 EACH 61,602.0000 0% 0% 61,602.00 2,240.00 NOTE: City of Elgin - Bowes Creek Country Club LS - 3555 Bowes Road, Elgin, IL 60123 - Quote a complete motor assembly for pump #2 that was dropped off for inspection. ** This quotation is valid for 30 days. After 30 days, quotation will have to be reviewed to verify pricing is current.** Sales Total: Freight & Misc.: Less Discount: Tax Total: Total (USD): 63842.0000 0.00 0.00 0.00 63,842 00 Page: 1 of 1