07-24 Resolution No. 07-24
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
METROPOLITAN PUMP COMPANY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Metropolitan Pump Company
for repair of sewage grinder at the Hopps Road Lift Station, a copy of which is attached hereto and
made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 14, 2007
Adopted: February 14, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
s/Jennifer Quinton
Jennifer Quinton, Deputy City Clerk
•
CITY OF ELGIN
AGREEMENT WITH METROPOLITAN PUMP COMPANY
FOR REPAIR OF SEWAGE GRINDER AT HOPPS ROAD LIFT STATION
This Agreement is made and entered into this\day of ' 'C' , 200 7 by and between the
City of Elgin ("the CITY"), a municipal corporation organized and e ,isting under the laws of the
State of \ L , and Metropolitan Pump Company, incorporated in the state of Illinois and
having a principal place of business at 37 Forestwood Drive, Romeoville, Illinois 60446 ("the
CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement and
the Contractor's Proposal response dated October 3, 2006 (Proposal) thereto incorporated by
reference herein and made a part hereof. This Contract shall repair the sewage grinder at the Hopps
Road Lift Station.
The CONTRACTOR agrees to provide the goods and/or services all in accordance with the
CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Plans
and Proposal documents, the Proposal documents shall supersede this Agreement.
Compensation to be paid to the CONTRACTOR for the goods and services provided under this
Contract shall be the total amount of$24,628. Payment shall be made after the completion of the
work and the acceptance thereof by the City.
ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS
CONTRACT upon receipt of a fully executed Contract from the City. The work shall be completed
by
ARTICLE III. 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. The CITY may terminate THIS CONTRACT for its convenience upon fourteen (14) days
prior written notice.
ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for goods or 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 goods or
services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or
services as provided in THIS CONTRACT.
ARTICLE V. 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,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
ARTICLE VI. 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.
ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any
interest in THIS CONTRACT without prior written consent of the CITY.
ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT,except in
writing and executed with the same formalities of the original.
ARTICLE IX. 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 X. 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 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.
ARTICLE XI. 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.
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ARTICLE XII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending
December 31. The obligations of the CITY under any contract for any fiscal year are subject to and
contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in
that fiscal year and authorization to spend such funds for the purposes of the contract.
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 XIII. 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 agreement shall supersede all previous communications, representations, or
agreements, either verbal or written, between the parties.
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.
CONTRACTOR CITY OF ELGIN
METROPOLITAN PUMP COMPANY
�►
BY By: TIM ��,:....Asfr
Name and Title VI(..e /91tsiete Olufemi dlarin •
Cit' ►�a�:�
FEIN NO. J6 -:=7,1G Ai 397
Attachment: Quotation of Metropolitan Pump Co., dated 10/3/06
F:\Legal Dept\forms\Bid Doc-Agreement-Metro Pump-Repair Grinder.doc
3
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1V1ETR OPOLITAN
3?'U1v.IP COMPANY QUOTATION
A Division of METROPOLITAN INOUeTR18a, INC.
37 FOREBTWOOD DR.•ROMEOVILLE,IL 60446-1343
(815)886-9200 • FAX(815)885-4573
www.mstropolttanind.oam
TO Mr.Dan Rich PROJECT: Muffin Monster Repairs
City of Elgin
150 Dexter Court BIDS DUE:
Elgin, IL 60120
ENGINEER
We are pleased to quote on the following work. We have removed your Muffin Monster from the
Sewerage Treatment Plant, transported it to ow facility where we have tried to arrange to send the unit to
the manufacturer for a repair estimate only to find out that they only work with exchange units,
We have already invoiced you for the removal of your Muffin Monster.
We will furnish you with an exchange cutter cartridge to replace your serial number 26595. Once we
receive this unit we will transfer any parts needed from your unit to the exchange unit.
Your net cost for the exchange unit is: $19,938.00 plus freight
Once we have your unit ready to install we will travel to your Sewerage Treatment Plant and reinstall
your unit both mechanically and electrically, start it up and check to see that it is operating properly.
Your net cost for labor to reinstall your Muffin Monster is: $3,190.00
Once your unit is operational we will return your old unit back to Muffin Monster by trick. Upon receipt
of your worn unit they will issue a core deposit refund of$4,000.00 which we will pass on to you. We
have an estimate of what we think the freight charges will be for the receipt of your exchange unit along
with the return of your old unit for the core deposit refund. The total is estimated to be approximately
$1,500.00—just so you have an idea of the freight charges involved.
Thank you for the opportunity to do business with you once again. Please call me if you have any
questions concerning this quotation, or need my assistance in any other matters.
Please advise me as to what you would like to do in regards to this quotation as soon as possible. If you
would like us to proceed with this quotation,please sign and fax back to my attention at 815-886-6938.
TERMS: Net 30 days from date of invoice.All Invoices are payable in full when due,with no Mailings allowed.
THIS QUOTATION,SUBJECT TO THE CONDITIONS ON THE REVERSE SIDE HEREOF,MAY BE ACCEPTED ONLY BY SIGNING ONE COPY OF THIS QUOTATION AND RETURNING TT TO
METROPOLITAN PUMP CO.NOT LATER THAN THE GATE INDICATED ON THE FACE HEREOF AFTER WHICH THIS QUOTATION 18 VOID.THIS OUOTATIONAFTER ACCEPTANCE BY 9UVER MAY
BE CANCELLED BY EITHER PARTY WITH NO PENALTY ONLY IF ENGINEER FAILS TO APPROVE SELLERS APPROVAL BROCHURE.
ACCEPTED.: QUOTATION NO. 3102 SUBMITTED: 10/3/06
Firm Tffi5 QUOTATION VOID AFTER 30 Days
By PREPARED BY:
Title I
G� Alberini
Date DnnRi th—City of Elgin quoit
C l 0 EtC
¢ � § - City Of E l g i rt Agenda Item No. G
��' 111
elkri
j
November 24, 2006
TO Mayor and Members of the City Council
FROM Olufemi Folarin, City Manager .`v;hie
John Loete, Public Works Dire or t `1 um'it
SUBJECT: Proposal to Repair of the Hopps Road Lift Station Grinder
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider approval of the proposal to repair the sewage grinder at the Hopps Road
Lift Station.
RECOMMENDATION
It is recommended that City Council approve the proposal from Metropolitan Pump Company in
the amount of$24,628 to repair the sewage grinder at the Hopps Road Lift Station.
BACKGROUND
The Hopps Road Lift Station serves as the main collection point for the sewage from all new
developments west of Randall Road and has been in operation for the past two and a half years.
The station must pump the incoming flow west to the Bowes Road Interceptor Sewer on the east
side of Randall Road. One of the station's key components, a grinder, has now worn out and has
ceased to function. The grinder is on the intake line to the pumps and shreds debris in the
sewerage that might damage or clog the pumps.
The grinder consists of a cutting head assembly and an electric drive motor. The cutting head is
worn and inoperable while the motor is still in good condition. The grinder is constructed so that
the cutting head assembly can be removed and replaced. The manufacturer rebuilds the "core"
or frame of the assembly to offer a more economical way to restore service to the unit.
Replacement with another brand of grinder would require significant structural modifications to
accommodate a different size, shape, and orientation of the other brand of grinder. For this
reason, the recommendation is to accept a proposal from the factory authorized distributor which
require an exception to the procurement ordinance..
p.
Hopps Road Lift Station Grinder Repair
November 24, 2006
Page 2
The attached cost proposal from Metropolitan Pump provides for the replacement of the existing
grinder cutting head with a rebuilt unit from the manufacturer and its reinstallation at the lift
station at a cost of $24,628. The core of the old unit removed from our grinder will then be
shipped to the manufacturer to be factory rebuilt for resale. The manufacturer will issue a$4,000
refund upon receipt of the worn parts to Metropolitan who will pass on the refund to the City.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
ANCIAL IMPACT
The total cost of the proposal from Metropolitan Pump Company is $24,628. Funding for this
expense is available in the Sewer Operating Fund, account number 430-4202-772.45-99,
"Miscellaneous Services / Other Services" which has $37,347 available. Upon receipt of the
$4,000 refund it will be deposited in the above account.
LEGAL IMPACT
None
ALTERNATIVES
1. Approve as recommended.
2. Do not approve the repair. This is not recommended as the potential for pump damage or
down time is greatly increase.
Respectfully submitted for Council consideration.
(cab]
Attachment
'Cam nr nor)OLITAN
PUMP COMPANY QUOTATION
A Division of METROPOLITAN INDUSTRIES. INC.
37 FORESTWOOD DR.•ROMEOVILLE,IL 60446-1343
(815)886-9200 • FAX(815)886-4573
www.metropolitanind.com
TO Mr. Dan Rich PROJECT: Muffin Monster Repairs
City of Elgin
150 Dexter Court BIDS DUE:
Elgin, IL 60120
ENGINEER
We are pleased to quote on the following work. We have removed your Muffin Monster from the
Sewerage Treatment Plant, transported it to our facility where we have tried to arrange to send the unit to
the manufacturer for a repair estimate only to find out that they only work with exchange units.
We have already invoiced you for the removal of your Muffin Monster.
We will furnish you with an exchange cutter cartridge to replace your serial number 26595. Once we
receive this unit we will transfer any parts needed from your unit to the exchange unit.
Your net cost for the exchange unit is: $19,938.00 plus freight
Once we have your unit ready to install we will travel to your Sewerage Treatment Plant and reinstall
your unit both mechanically and electrically, start it up and check to see that it is operating properly.
rk Your net cost for labor to reinstall your Muffin Monster is: $3,190.00
Once your unit is operational we will return your old unit back to Muffin Monster by truck. Upon receipt
of your worn unit they will issue a core deposit refund of$4,000.00 which we will pass on to you. We
have an estimate of what we think the freight charges will be for the receipt of your exchange unit along
with the return of your old unit for the core deposit refund. The total is estimated to be approximately
$1,500.00—just so you have an idea of the freight charges involved.
Thank you for the opportunity to do business with you once again. Please call me if you have any
questions concerning this quotation, or need my assistance in any other matters.
Please advise rue as to what you would like to do in regards to this quotation as soon as possible. If you
would like us to proceed with this quotation,please sign and fax back to my attention at 815-886-6938,
TERMS: Net 30 days from date of Invoice.All invoices are payable in full when due,with no retainage allowed.
THIS QUOTATION,SUBJECT TO THE CONDITIONS ON THE REVERSE SIDE HEREOF,MAY BE ACCEPTED ONLY BY SIGNING ONE COPY OF THIS QUOTATION AND RETURNING IT TO
METROPOLITAN PUMP CO.NOT LATER THAN THE DATE INDICATED ON THE FACE HEREOF AFTER WHICH THIS QUOTATION IS VOID.THIS QUOTATION AFTER ACCEPTANCE BY BUYER MAY
BE CANCELLED BY EITHER PARTY WITH NO PENALTY ONLY IF ENGINEER FAILS TO APPROVE SELLERS APPROVAL BROCHURE.
ACCEPTED: QUOTATION NO. 3102 SUBMITTED: 10/3/06
Firm THIS QUOTATION VOID AFTER 30 Days
By PREPARED BY:
Title /-� _ __
G.,.- P.Alberini
Date DanRich—City of Elgin quote