18-48 Resolution No. 18-48
RESOLUTION
AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH ELGIN SHEET
METAL CO. REGARDING THE INSTALLATION OF A NEW LIME TROUGH SYSTEM
AT THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT
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 Elgin Sheet Metal Co. regarding the installation of a new lime trough system at the Leo
Nelson Riverside Water Treatment Plant, a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2018
Adopted: April 25, 2018
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 _2 5 day of April, 2018, by
and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City")
and Elgin Sheet Metal Co.,an Illinois Corporation(hereinafter referred to as "ESM" 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. City shall purchase, and ESM shall sell the goods and services described in Attachment
A, attached hereto and made a part hereof.
2. 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. ESM 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 ESM agrees that service by first class U.S.
mail to Elgin Sheet Metal Co., do Ronald E. Rasmussen, 2425 Royal Boulevard, Elgin, Illinois
60123 shall constitute effective service. Both parties hereto waive any rights to a jury.
3. There shall be no modification of this agreement, except in writing and executed with the
same formalities as the original.
4. 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.
5. ESM 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.
6. 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.
7. Notwithstanding any other provision of this agreement, it is expressly agreed and
understood that in connection with the performance of this agreement, ESM 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, ESM hereby certifies, represents and
warrants to the City that all of ESM'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. ESM 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 ESM, including, but not limited to federal I-9
forms to determine ESM'S compliance with the provisions of this section regarding the lawful
authorization of ESM'S employees to work in the United States. In the event the City proceeds
with such an audit, ESM shall make available to the City ESM'S relevant records at no cost to
the City. City shall pay any and all costs associated with any such audit.
8. 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.
9. 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.
10. City shall pay the total sum of$70,775.00, payable net thirty (30) days of delivery and
performance and city's receipt of invoice as work progresses and as is billed in proportion to
completed work. The aforementioned total sum is inclusive of all freight, shipping and
applicable taxes.
11. ESM shall complete all work, including but not limited to delivery and installation on or
before December 31, 2018.
12. 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, and risk of loss shall pass to the City upon delivery of the goods. All
transportation, delivery and payment of any taxes on income shall be at ESM'S sole expense.
14. To the fullest extent permitted by law, ESM shall indemnify, defend and hold harmless
the City, its officers, employees, agents, boards and commissions from and against any and all
claims, suits,judgments, costs, attorney's fees, damages or other relief, including but not limited
to worker's compensation claims, in any way resultingfrom or arising out of negligent actions or
omissions of ESM in connection herewith, including negligence or omissions of agents of ESM
2
arising out of the performance of this Agreement. 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. The provisions of this section shall survive any expiration, completion and/or
termination of this Agreement.
Insurance Requirements: ESM shall obtain, furnish, and maintain in full force and effect during
the entire term of this Agreement, at its sole cost,the insurance coverages outlined herein. All of
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 A.M. Best Company, Inc. or its equivalent.
The comprehensive general liability insurance shall be endorsed to include independent
contractors, contractual liability, personal injury, products/completed operations liability, broad
form property damage, and cross liability and severability of interest provisions. Policies
provided hereunder shall not contain XCU exclusions relating to explosion, collapse and
underground property damage. All liability insurance shall be written on an occurrence basis.
Automobile liability insurance should include coverage for all owned, non-owned, hired and
leased vehicles.
All insurance policies shall be written in the name of ESM and such insurance shall be primary
and noncontributory with any insurance or self-insurance program afforded to the City of Elgin.
Comprehensive Liability
General Aggregate $2 Million
Products Completed Operations Aggregate $2 Million
Personal Injury and Advertising Limit $1 Million
Each Occurrence $1 Million
Automobile Liability
Combined Single Limit $1 Million
Umbrella Liability
Each Occurrence $5 Million
General Aggregate $5 Million
Workers'Compensation
Statutory As required by state law
Employer's Liability $1,000,000 Each Accident
$1,000,000 Each Emp for Disease
$1,000,000 Policy Limit for Disease
ESM may purchase and maintain excess liability insurance in the umbrella form in order to
satisfy the limits of liability required in accordance with the requirements set forth
above. Comprehensive liability and umbrella policies shall name the City as additional
insured. The workers' compensation policy shall include a waiver of subrogation in favor of the
City. ESM shall bear the risk of loss and damage to any property of ESM and any property for
which it is responsible or in its care, custody, or control, wherever located. Any insurance
provided for such property shall be solely at ESM's expense.
3
Prior to the commencement of any work under this Agreement, ESM shall furnish Certificates of
Insurance acceptable to the City and conforming to the insurance coverage required herein. The
policy cancellation notification provision will provide the City with at least thirty (30) days
written notice in the event of cancellation or material change.
ELGIN SHEET METAL CO. C r s • ELGIN
,t • c'an -, .i 0 . , ity 'anag-
O. re City Cl- at(46
Title
F:U.ega1 Dept\Agreetnent\Purchase Agent-Elgin Sheet Metal-4-2-18.docx
4
ATTACHMENT A
ii �L Elgin Sheet Metal Company
_ ' P.O. BOX 509, SOUTH ELGIN, ILLINOIS 60177
_____ .._ r -- Tel 847-742-3486
Fax 847-742-9037
€` Email esmco@aol.com
I HEATING & AIR CONDITIONING CONTRACTORS
February 1,2018 REV�1
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attn: Dave Knowles cell# 815-751-2004
Job Location: Leo Nelson-Riverside Water Treatment Plant, 375 West River Road, Elgin, Illinois 60123
The following scope describes work to fabricate& install stainless steel trough system
1. Provide demolition of existing trough system. (removal from site by city of Elgin)
2. Provide fabrication of complete Stainless Steel (14 ga, type#304 Stainless Steel)Trough system.Trough to
consist of four separate sections(for transport & installation ability) Trough to be approx 40 feet of total
length with 4 short branches &3 longer branches.
3. Fabricate trough support pieces(fabricated from tainless Steel tubin ) A
4. Install ESM fabricated Troughs in place. (4 separate phases of work to complete during schedule periods)
5. Include all labor costs to fabricate&install.
6. Include a one year warranty of materials& installation -- -
Total Net for above scope of work (,... $70,775.00 Q
Not included in above:
All piping connections to be disconnected by City of Elgin prior to start of scheduled work
Reconnection of all piping after scheduled work to be completed by City of Elgin
Items not shown on above referenced scope of work
Tax on materials
Special insurance requirements of owner different than standard Elgin Sheet Metal policy provides.
Terms:
As work progresses,net 30 days
Acceptance by the customer constitutes a contract between the parties This Proposal i bject o rev -tion or modification at any time
upon all terms and conditions on both sides of this proposal. by Elgin Sh Metal n prior to A . customer.
All •. s auto '• y •'• . .: :from date of issue.
Name:
by I
Title: _ Date' F Sheet Metal Co./Pat Hudgens,Pres.
ACCPREP OF LIABILITY INSURANCE �'�
04/0520,6
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS
CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR
PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If
SUBROGATION IS WAIVED, subs to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER N_ CT CLIENT CONTACT CENTER
FEDERATED MUTUAL INSURANCE COMPANY PE FAX
HOME OFFICE:P.O.BOX 328 A/C.No,mei):888-333-4949 A/C,No):507-446-4664
ANATONNA,MN 55060 ADDRESS:CLIENTCONTACTCENTER@FEDINS.COM
INSURERS)AFFORDING COVERAGE NAIC#
INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935
—
INSURED 298-033-1 INSURER B:
ELGIN SHEET METAL CO INSURER C:
PO BOX 509
INSURER D:
SOUTH ELGIN,IL 80177-0509
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:16 REVISION NUMBER:1
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS
AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER FOIJCY EFF POLICY EXP LIMITS
LTR /NSR MND IMM/ODIYYYY) )MMIDD/YYYTI
X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $1,000,000
PJAAOTO
CLAIMS-MADE OCCUR PR E31E1EoNTcomenoel $100,000
MED EXP(Ann one person) $5,000
A Y N 9286552 04/01/2018 04/01/2019 PERSONAL It ADV INJURY $1,000,000
J
GEN'L AOOREG E UNIT APPUES PER: GENERAL AGGREGATE $2,000,000
HX POLICY _I PICT 0 LOC PRODUCTS-COMP/OP AGO .. $2,000,000
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $1,000,000
(Ee accident)
X ANY AUTO BODILY INJURY(Per person)
—A OMRRED AUTOS ONLY SA jTos�D N N 9286552 04/01/2018 04/01/2018 BODILY-/JURY(Per'Wont)
HIRED AUTOS ONLY —NON-OWNED PROPERTY DAMAGE
_AUTOS ONLY leer ecsidm0
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 55,000,000
A EXCESS UAB CLAIMS-MADE Y N 9286554 04/01/2018 04/01/2019 AGGREGATE $5,000,000
DED RETENTION
WORKERS COMPENSATION X PER STATUTE T
AND EMPLOYERS'LIABILITY ��( E.L EACH ACCIDENT
ANY PROPRIETOR/PARTNER/EXECUTIVE Yj I N 1 A Y 9286553 04/01/2018 O4/O1/2(119 $1,000,000
A (ManOFFICdatory
In ER EXCLUDED4 L—EE.L.DISEASE-EA EMPLOYEE $1,000,000
IMendNory M NH)
II Yes,describe under
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached If more space Is required)
SEE ATTACHED PAGE
CERTIFICATE HOLDER CANCELLATION
299-033-1 16 1
CITY OF ELGIN SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
150 DEXTER CT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN
ELGIN,IL 60120-5527 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
In 6 KIM.
. 1968.2013 ACORD CORPORATION.AD rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: 299-033-1
---•'"'"m°1LOC#
ACORD
ADDITIONAL REMARKS SCHEDULE Page I of 1
AGENCY NAMED INSURED
FEDERATED MUTUAL INSURANCE COMPANY ELGIN SHEET METAL CO
Poucv NUM�R —_�_ PO BOX 509
SEE CERTIFICATE#16.1 SOUTH ELGIN,IL 60177-0509
CARRIER RAIL CODE
SEE CERTIFICATE#16.1 EFFECTIVE DATE:SEE CERTIFICATE#16.1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
JOB: LEO NELSON-RIVERSIDE WATER TREATMENT PLANT 375 W RIVER RD ELGIN IL 60123.
ADDITIONAL INSURED INCLUDES CITY OF ELGIN.
INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE.
GENERAL LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS
OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT.
WORKERS COMPENSATION CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER.
FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE-HOLDER IN THE
EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY.
ACORD 101(2008101) 0 2008 ACORD CORPORATION.All rights reserved.
The ACORD name and logo are registered marks of ACORD