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HomeMy WebLinkAbout06-33 Resolution No. 06-33 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ASPHALT ZIPPER, INC. FOR THE PURCHASE OF A PORTABLE ASPHALT PAVEMENT GRINDER 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 that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Asphalt Zipper, Inc. for the purchase of a portable asphalt pavement grinder, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 8, 2006 Adopted: February 8, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • CITY OF ELGIN AGREEMENT FOR PORTABLE ASPHALT PAVEMENT GRINDER This Agreement is made and entered into this 9th day of February,2006 by and between the City of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the State of Illinois,and Asphalt Zip- per, Inc.,and having a principal place of business at 310 West 700 South, Pleasant Grove, Utah 84062("the VENDOR"). ARTICLE I. DEFINITION."THIS CONTRACT'as used herein shall mean this Agreement, the CITY'S Re- quest for Quote on Equipment Purchase Price including all documents referenced therein and the VENDOR'S Proposal response(Proposal)thereto incorporated by reference herein and made a part hereof as Exhibit A. The VENDOR agrees to provide the goods and/or services all in accordance with the RFP and VENDOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents,the Proposal documents shall supersede this Agreement. ARTICLE II. DURATION.The VENDOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The goods shall furnished before August 30, 2006. ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the VENDOR to the CITY, b) any failure by the VENDOR to perform any of its obligations under THIS CONTRACT including, but not limited to, the following: (I) failure to com- mence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or cir- cumstance within the VENDORS 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 VENDOR's reasonable control, (iii) failure to per- form THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the goods or 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 Ac- tion requirements,and(vi)any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. ARTICLE IV. DAMAGES. From any sums due to the VENDOR 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 Purchas- ing Director, incurred by the CITY as a consequence of procuring goods or services as a result of any failure, omission or mistake of the VENDOR 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 VENDOR 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 VENDOR 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 VENDOR 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 VENDOR shall not assign, sell or transfer any interest in THIS CON- TRACT 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 re- quested, addressed,if to VENDOR,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, Illinois 60120 or to such other address and/or authorized representatives as either party shall designate in writ- ing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law,VENDOR agrees to and shall in- demnify, 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 liabil- ity arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of VENDOR or VENDOR's officers, employees, agents or subcontractors in the performance of this agree- ment, 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 VENDOR 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. 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 ap- propriation 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 obli- gations 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,which- ever is later,without liability to the CITY for damages,penalties or other charges on account of such termina- tion. 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 writ- ten, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the VENDOR to commit the VENDOR 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. ASPHALT ZIPPER, INC. CITY OF ELGIN velaccer_t_t v -7eArvi ` .,f" C Olufem Fola - agtr Name and Title FEIN NO. S10 17LeS Asphalt Zipper, Inc. PROPOSAL*/ORDER CONFIRMATION 310 West 700 South • Pleasant Grove, UT 84062 Today's Date: 1/4/2006 tel: 1-888-ZIPPER-8(947-7378), fax: 801-772-0909 Customer: City of Elgin Tel: 847-697-3160 Address: 1900 Holmes Ave Fax: 847-931-5983 City,State,Zip: Elgin, IL 60123 Contact: Chad Butzow Inside Rep: Angela Butler Outside Rep: Dave Stiller Qty Item Description Cost Extended Asphalt Zipper High-Powered Reclamation 1 AZ-480HD Attachment, Model AZ-480HD (up to 48" Cut), John Deere 185HP TD engine, Active Hydraulic $ 82 950.00 $ 82,950.00 Depth Control, Magnum Duty Planetary, Dual Axle Trailer, spraybar, extra bits, blocks & bit puller(Delivery Included) +1 +1 +1 Subtotal $ 82,950.00 TOTAL* $ 82,950.00 "Plus applicable Sales Tax** Desired Delivery Date n Custom Order Deposit""': CASH FINANCE Customer Signature: Signature indicates acceptance of Proposal'based on satisfactory performance of the Asphalt Please Initial Method of Payment Zipper Machine. Terms and Conditions This Proposal is a Preliminary Estimate;All prices are in US Dollars.Final Sales Price Your subject to approval by Asphalt Zipper Accounting(Proposal valid for 30 days). *"Price does NOT include sales tax Initials here or GST(Canada);applicable sales tax or GST will be added to final invoice. Specifications are subject to change at acknowledge you anytime by Asphalt Zipper. Please allow a minimum of 7-14 days for all Custom Orders and Quick Connect Options(a have read and may apply to Custom Orders). ***A Deposit is required for all Custom Orders;Custom Orders are subject to a accept the Terms " .'. and Conditions. 0 OF E4C \41, City of Elgin Agenda Item No. ' o�,,,D FC,� E yr o i1 January 20, 2006 G ,1+ i 01 S 1 kiill ULU. pp � N t'►0 ji TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES, AND QUAUT Y INFRASTRUCTURE FROM: Olufemi Folarin, City Manager John Loete, Public Works Direc or SUBJECT: Purchase of a Portable Asphalt Pavement Grinder PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a sole source purchase of a portable asphalt pavement grinder. ilk_ RECOMMENDATION It is recommended that the City Council approve the sole source purchase of a portable asphalt pavement grinder from Asphalt Zipper, Inc. in an amount of$82,950. BACKGROUND In the 2006 Budget, $85,000 was budgeted for the purchase of a portable asphalt pavement grinder. The type of grinder requested is utilized while hung from the front bucket of a front end loader, grinds a swath that is 48 "wide and is transported on a small trailer that can be pulled by any of the department's existing equipment. This mobility and ease of operation will give the department a greater ability to replace isolated areas of pavement failure that must be addressed. At a demonstration of this grinder in July, 2005, a 300' foot section of Locust St. was ground in an hour (16' wide at about 2.5" deep). Clean up of the millings took two hours. The previous method would have taken most of a day to do the same work. In the past the department has rented a self propelled grinder to accomplish the damaged surface removal for isolated repairs and to cut edge joints in areas where large sections of streets are to be overlaid. This grinder is the largest rental machine that can be transported on our trailers. It has a conveyor to load the grindings, which is convenient, but the width of the cut that can be made is so narrow (20") that the process is very slow. In addition, the scheduling and cost of the rental meant that the work all had to be done in a compressed period of time and required more difficult coordination. Over the last five years the department has spent approximately $35,700 renting this machine, which has been more a factor of the available budget than need for the machine. Purchase of a Portable Asphalt Pavement Grinder January 20,2006 Page 2 The type of grinder demonstrated is unique in the equipment market because the manufacturing company holds a patent on the grinder's ability to attach to the loader bucket while in use. Because of this, the purchase of the machine is a sole source exception to the procurement ordinance. Staff has verified that there are no other pieces of equipment that could bid and meet the specifications of this type of machine. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. ANCIAL IMPACT The cost of the proposal from Asphalt Zipper, Inc. is $82,950. A total of $85,000 has been specifically budgeted and is available in the Riverboat Operating Fund, account number 275- 0000-791.92-46, "Other Equipment", project number 339855 "Asphalt Grinder". The annual maintenance costs for the grinder are estimated to be $3,000 for oil and coolant changes, annual in-•ection and replacement teeth. ilk / EGAL IMPACT None. ALTERNATIVES 1. Approve as recommended. 2. Do not approve the purchase as recommended. Respectfully submitted for Council consideration. (do) Attachment Asphalt Zipper, Inc. PROPOSAL*/ORDER CONFIRMATION 310 West 700 South Pleasant Grove, UT 84062 Today's Date: 1/4/2006 tel: 1-888-ZIPPER-8(947-7378), fax: 801-772-0909 Customer: City of Elgin Tel: 847-697-3160 Address: 1900 Holmes Ave Fax: 847-931-5983 City,State,Zip: Elgin, IL 60123 Contact: Chad Butzow Inside Rep: Angela Butler Outside Rep: Dave Stiller Qty Item Description Cost Extended Asphalt Zipper High-Powered Reclamation 1 AZ-480HD Attachment, Model AZ-480HD (up to 48" Cut), John Deere 185HP TD engine, Active Hydraulic $ 82,950.00 $ 82,950.00 Depth Control, Magnum Duty Planetary, Dual Axle Trailer, spraybar, extra bits, blocks & bit puller(Delivery Included) • +1- +1- +1- Subtotal $ 82,950.00 TOTAL* $ 82,950.00 **Plus applicable Sales Tax** Desired Delivery Date: Custom Order Deposit'*: CASH FINANCE .t. Customer Signature: Signature indicates acceptance of Proposal'based on satisfactory performance of the Asphalt Please Initial Method of Payment Zipper Machine. Terms and Conditions This Proposal is a Preliminary Estimate;All prices are in US Dollars.Final Sales Price Your subject to approval by Asphalt Zipper Accounting(Proposal valid for 30 days). *"'Price does NOT include sales tax Initials here or GST(Canada);applicable sales tax or GST will be added to final invoice. Specifications are subject to change at acknowledge you anytime by Asphalt Zipper. Please allow a minimum of 7-14 days for all Custom Orders and Quick Connect Options(a have read and surcharge may apply to Custom Orders). '**A Deposit is required for all Custom Orders;Custom Orders are subject to a accept the Terms aai r?ctockino fee plus any freight charges incurred. and Conditions.