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Home My WebLink About23-63 Resolution No. 23-63 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH C & M HYDRAULIC TOOL SUPPLY, INC. FOR THE PURCHASE OF EQUIPMENT FOR THE REPAIR AND MAINTENANCE OF FIRE HYDRANTS 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 C & M Hydraulic Tool Supply, Inc., for the purchase of equipment for the repair and maintenance of fire hydrants, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 12, 2023 Adopted: April 12, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 12th day of April , 2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City")and C&M Hydraulic Tool Supply,Inc.,a Wisconsin corporation, (hereinafter referred to as "C&M"or"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 C & M shall sell the goods and/or set-vices described by Attachment A,attached hereto and made a part hereof. 2. TERMS. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. 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. C & M 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 C & M agrees that service by first class U.S. mail to 203 Commerce Avenue, Cambridge, WI 53523 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this agreement,except in writing and executed with the same formalities as the original. 5. MERGER. This agreement embodies the whole agreement of the parties. There are no promises, terns, 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. C&M 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 ally 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, C & M 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, C & M hereby certifies, represents and warrants to the City that all of C & M'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. C & M 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 C & M to determine C & M's compliance with the provisions of this section. In the event the City proceeds with such an audit, C &M shall make available to the City C & M's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 9. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the saute 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. CONFLICT. 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 supersede and control. 11. PAYMENT. City shall pay the total sum of$40,700.50 within thirty (30) days of delivery or city's receipt of invoice,whichever is later. The aforementioned total sum is inclusive of all freight,shipping and applicable taxes. City is a tax-exempt governmental body. 12. DELIVERY. C & M shall complete delivery of all goods and shall otherwise fully perform this agreement on or before May 1,2021 13. 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. 14. 'TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at C&M's sole expense. 15. INDEMNIFICATION. To the fitllest extent permitted by law, C & M 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 C& M or C & M's officers, employees, agents or 2 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. 16. RELATIONSHIP BETVVEEN 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. C & M shall not be entitled to, and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and commissions of any nature whatsoever and in whatsoever forum after two (2)years from the date of this agreement. The person 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. IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first above written. C&M IJYDRAULIC TOOL SUPPLY,INC. C1 �LGIN Pri e // Richard G.Kozal,City Manager r Atte t: t ature V• 4 1 y Clerk Title Legal Dept\AgrccmenAC&Df Nydraulie Tool Supply-purchase Agr 1-25-23.doex 3 ATTACHMENT A Page: 1 w4k��> Quote Order Number: 0156117 C&M Hydraulic Tool Supply Inc. Order Date: 1/17/2023 203 Commerce Ave. P.O.Box 352 Cambridge,WI53523 Salesperson: 0001 Phone:(608)423-3507 Customer Number: COELGIN Fax:(608)423-4618 Sold To: Ship To: City of Elgin City of Elgin Confirm To: Rob Berg Customer P.O. Ship VIA F.O.B. Terms CBMTRUCK Net 30 MANI'FACTURE SERIAL.#: DESCRIPTION: ITEM NUMBER: INTERNAL SERIAL#: Item Code Unit Ordered Shipped Back Order Price Amount CH1513101 Chipping Hammer,CE,D-Handle, Whse: 000 EACH 1.00 0.00 0.00 2,406.32 2,406.32 66256 Bull Point,.580 Hex Shank,Ov Whse: 000 EACH 1.00 0.00 0.00 25.85 25.85 66257 Narrow Chisel Bit,.580 Hex Sh Whse: 000 EACH 1.00 0.00 0.00 25.85 25.85 DS12318 Utility Chain Saw,OC 18" Whse: 000 EACH 1.00 0.00 0.00 4,009.54 4,009.54 71048 Chain, 18"Ductile Iron Whse: 000 EACH 1.00 0.00 0.00 557.87 557.87 71047 Bar 18",Ductile Iron Whse: 000 EACH 1.00 0.00 0.00 322.00 322.00 71055 Pipe Clamp Assy.,Ductile Iron Whse: 000 EACH 1.00 0.00 0.00 649.64 649.64 71046 Sprocket,Ductile Iron Whse: 000 EACH 1.00 0.00 0.00 224.60 224.60 23517 Sprocket Wrench DS11 Whse: 000 EACH 1.00 0.00 0.00 36.36 36.36 ID07810 Handheld Hydraulic Impact Dril Whse: 000 EACH 1.00 0.00 0.00 758.63 758.63 05117 Adapter,1AW07 Use 7121 Whse: 000 EACH 4.00 0.00 0.00 17.80 71.20 IW12140 Impact Wrench,OC,3/4"Square Whse: 000 EACH 1.00 0.00 0.00 2,612.28 2,612.28 Continued Page: 2 Quote ow Order Number: 0156117 C&M Hydraulic Tool Supply Inc. Order Date: 1/17/2023 203 Commerce Ave. P.O.Box 362 Salesperson: 0001 Cambridge,WI53523 Phone:(608)423-3507 Customer Number: COELGIN Fax:(608)423-4618 Sold To: Ship To: City of Elgin City of Elgin Confirm To: Rob Berg Customer P.O. Ship VIA F.O.B. Terms C&MTRUCK Net 30 MANUFACTURE SERIAL#: DESCRIPTION: ITENI NUMBER: INTERNAL SERIAL#: Item Code Unit Ordered Shipped Back Order Price Amount 01857 Adjustable Chuck&Adaptor Whse: 000 EACH 1.00 0.00 0.00 699.66 699.66 IW24160 Impact Wrench,1-1/2"Sq Dr-OC Whse: 000 EACH 1.00 0.00 0.00 7,998.84 7,998.84 31043 Hydrant Saver Kit,8'Power Tu Whse: 000 EACH 1.00 0.00 0.00 1,175.76 1,175.76 30717 Power Tube,6-1/2 Ft Whse: 000 EACH 1.00 0.00 0.00 503.42 503.42 30719 Extension,3 Ft For Power Tube Whse: 000 EACH 1.00 0.00 0.00 385.02 385.02 30724 Socket,5-1/4"Waterous Whse: 000 EACH 1.00 0.00 0.00 385.02 385.02 30726 Socket,5-1/4"Kennedy Whse: 000 EACH 1.00 0.00 0.00 385.02 385.02 30728 Socket,5-1/4"Clowe Whse: 000 EACH 1.00 0.00 0.00 385.02 385.02 79342 Hydrant Socket US Pipe/America Whse: 000 EACH 1.00 0.00 0.00 385.02 385.02 31045 Pin,Hydrant Saver Whse: 000 EACH 10.00 0.00 0.00 19.57 195.70 TP0300301 Trash Pump,3"Urethane Bowl Whse: 000 EACH 2.00 0.00 0.00 1,974.40 3,948.80 26230 Seal Kit(Casappa Motor Only) Whse: 000 EACH 2.00 0.00 0.00 153.30 306.60 Continued Page: 3 Quote Ok Order Number: 0156117 C&M Hydraulic Tool Supply Inc. Order Date: 1/17/2023 203 Commerce Ave. P.O.Box 352 Cambridge,WI53523 Salesperson: 0001 Phone:(608)423-3507 Customer Number: COELGIN Fax:(608)423-4618 Sold To: Ship To: City of Elgin City of Elgin Confirm To: Rob Berg Customer P.O. Ship VIA F.O.B. Terms C&MTRUCK Net 30 JIANL?FACTtTRE SERIAL#: DESCRIPTION: ITEM NUMBER: INTERNAL SERIAL#: Item Code Unit Ordered Shipped Back Order Price Amount HP281302 Power Unit,Twin 8 Whse: 000 EACH 1.00 0.00 0.00 7,998.84 7,998.84 58633 Hose Assy Bonded 25"w/Coupler Whse: 000 EACH 1.00 0.00 0.00 487.03 487.03 58634 Hose Assy Bonded 50'w/Coupler Whse: 000 EACH 1.00 0.00 0.00 733.19 733.19 03288 Cap&Plug 3/8" Whse: 000 EACH 1.00 0.00 0.00 8.00 8.00 03971 FF Coupler Set Y'Body 3/8NPT Whse: 000 EACH 1.00 0.00 0.00 42.78 42.78 03974 FF Coupler Set 3/8"Body 1/2NP Whse: 000 EACH 1.00 0.00 0.00 61.32 61.32 02324 Cap&Plug 1/2" Whse: 000 EACH 1.00 0.00 0.00 9.82 9.82 /MISC CHARGE Misc.Charge EACH 1.00 0.00 0.00 1,905.50 1,905.50 Stanley Surcharge /MISC CHARGE Misc.Charge EACH 1.00 0.00 0.00 1,000.00 1,000.00 Freight Charge(Not to Exceed) Includes one full day of training at(1)location Net Order: 40,700.50 Less Discount: 0.00 Freight: 0.00 Sales Tax: 0.00 Order Total: 40,700.50