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Home My WebLink About26-128 Resolution No. 26-128 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH UNITED DOOR& DOCK, LLC FOR THE INSTALLATION OF A CREDENTIALED GATE ACCESS SYSTEM AT THE PUBLIC WORKS FACILITY 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 United Door & Dock, LLC, for the installation of a credentialed gate access system at the Public Works facility, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 12, 2026 Adopted: August 12, 2026 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 12 day of August 2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as"City")and UNITED DOOR& DOCK, LLC,an Illinois limited liability company(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. The Seller shall provide to the City the services and equipment necessary to furnish and install a credentialed access control system for the gates at the City's Public Works facility, located at 1900 Holmes Road, Elgin, Illinois, as described in Seller's proposal dated May 29,2026, consisting of two(2), said proposal being attached hereto and made a part hereof as Attachment A. Seller shall commence the work upon notice to proceed by the City, and shall complete all of the services to be provided pursuant to this Agreement within one hundred twenty(120)days from the date that work is first commenced. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. In the event of any conflict between any of the terms and provisions this Agreement and Attachment A,or any portion thereof,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 United Door& Dock, LLC, 380 Windy Point Drive, Glendale Heights, IL 60139, 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 1 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. 9. 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. 10. PAYMENT. City shall pay the total sum of Twenty-Seven Thousand Six Hundred Four Dollars and Zero Cents ($27,604.00) within thirty (30) days of Seller's completion of the services to be provided pursuant to this Agreement 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. 11. 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. 12. 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 Seller's sole expense. 13. 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. 2 14. INSURANCE. The Seller shall provide,pay for,and maintain in effect,during the term of this Agreement the A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The Seller shall deliver to the City a Certificate of Insurance naming the City as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the City. The Certificate of Insurance shall include the contractual obligation assumed by the Service Provider under Section 13 entitled "Indemnification." This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the City. All said insurance shall be written by,and secured from, companies approved to do business and issue insurance in the State of Illinois and must be rated"A-" or better, in accordance with the latest edition of Best's Insurance Guide,published by AM Best Company, Inc. or its equivalent. 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. 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. 20. 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 3 the Prevailing Wage Act,including but not limited to,all wage requirements and notice and record keeping duties. 21. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status,sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening,referral and selection of job applicants, prospective job applicants,and subcontractors. 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. IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. UNITED DOOR AND DOCK, LLC CITY OF ELGIN (A-2S If.ai� ca� � �G rint Name 'chard G. Kozal, City anager Attest: Title City Clerk Legal DeptWgreementUinited Door Dock Agr-Gate Access-Public Works-8-3-26.docx 4 ATTACHMENT A Proposal from United Door & Dock, LLC, dated May 29, 2026, consisting of two (2) pages (To Be Inserted) ATTACHMENT A rTrrl . UNITED 380 Windy Point Drive J Glendale Heights, Illinois 60139 (312)549-8897 info@unitedil.com I www.unitedil.com DOOR Es DOCK ur-Aurrir, 00 - RECIPIENT: City of Elgin Sent on 05/29/2026 1900 Holmes Road Elgin, Illinois 60123 Account Marshall Scott Manager Phone: (847)931-5652 Job Title Public Works West and East Gates-New Cloud-Based Credentialed Access Control System Total $27,604.00 Product/Service Description IIP 1111.11111111111MEMES otal Cap2D System-New Smart Access 2-Door Controller 2 $8,087.00 $16,174.00 Material -CAP2D - Long Range Reader Product Info: -Cloud-Based Credentialed Access Control. - MyQ®Community Smart Access Control Software. - Each Device Controls Up To 2 -Gates/Doors/Elevators/Commercial Door Operators. -Easily Expandable When Networked Through MyQ Community. City Of Elgin Standard `Labor Rate for City Of Elgin$160.00 per hr 48 $160.00 $7,680.00 Labor Rate$160.00 per hr LABOR:Setup Cost: (3 days, 1 guy) Any additional programming is$168 hour System Costs$36 per month Tags Tags 250 $15.00 $3,750.00 Not included Keychain Transmitters/ - PPLK1-10: 1 BTN PP LITE KEYCHAIN 1 $192.00 $192.00 Remotes REMOTE - (10-PACK) 1 of 2 pages UNITED 380 Windy Point Drive I Glendale Heights, Illinois 60139 DOOR& DOCK (312)549-8897 I info@unitedil.com I www.unitedil.com 1 Product/Service Descriptio Qty. Unit Price Total Not Included Internet Option/If Internet is -GOTW3 520 Wireless Router with US Universal Sim 2 $323.33 $646.66 Unable to Reach Gate Card Operators " Non-taxable Total $27,604.00 No tax Freight, labor and equipment included Certified DBE and MBE This quote is valid for the next 30 days,after which values may be subject to change. We accept credit cards, please note that there is a 3.5%convenience fee. Signature: Date: 2 of 2 pages