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HomeMy WebLinkAbout14-100 Resolution No. 14-100 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RON JONES ELECTRIC, INC. FOR THE INSTALLATION OF ONE DUAL-VEHICLE ELECTRIC VEHICLE CHARGING STATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Ron Jones Electric, Inc. for the installation of one dual-vehicle electric vehicle charging station, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 23, 2014 Adopted: July 23, 2014 Vote: Yeas: 7 Nays: 2 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT FOR Installation of one,dual-vehicle electric vehicle charging station This Agreement is made and entered into this 23 day of July ' 2014 by and between the City of Elgin("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois,and Ron Jones Electric,Inc.,incorporated in the state of Illinois and having a principal place of business at 695 Schneider Drive,South Elgin,Illinois 60177 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, the Contractor's quote for services dated September 9,2013,revised December 16,2013,attached hereto and made a part hereof as Attachments A.The CONTRACTOR agrees to provide the goods and/or services all in accordance with the Invitation for Bids and CONTRACTOR'S quote. In the event there is a conflict between this Agreement and the CONTRACTOR'S quote, this agreement shall control and supersede any such CONTRACTOR'S quote or quote documents. ARTICLE II. SCOPE OF WORK. The CONTRACTOR shall provide the goods and/or services described in the quote under the Civic Center Parking Deck,alternate price line item,a copy of which is attached hereto and made a part hereof as Attachment A at the prices and terms contained therein. ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the goods or services upon receipt of purchase order;and the CITY shall pay to CONTRACTOR the total sum of$2,781. ARTICLE IV. 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 without penalty. ARTICLE V. DAMAGES. From any sums due to the CONTRACTOR for 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 services as a result of any failure,omission or mistake of the CONTRACTOR in providing the goods and services as provided in THIS CONTRACT. ARTICLE VI. 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,or in the event any of the terms or provisions herein are deemed to be void or otherwise unenforceable for any reason, 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. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be in the Circuit Court of Kane County,Illinois. ARTICLE VII. 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. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976,are hereby incorporated by reference,as if set out verbatim. ARTICLE VIII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE IX. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE X. 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 Aaron Cosentino, 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 XI. 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 CONTRACT,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 XII. 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. ARTICLE XIII. 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 XIV. NO AGENCY. This CONTRACT shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto, except as may be specifically provided for herein. ARTICLE XV. CONFLICT. In the event of any conflict between the terms provided in any attachments hereto and the body of this CONTRACT,the terms and provisions of this CONTRACT shall control. ARTICLE XVI. 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 CONTRACT shall supersede all previous communications,representations,or agreements,either verbal or written, between the parties. ARTICLE XVII.COMPLIANCE WITH LAWS. Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the CONTRACTOR 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, CONTRACTOR hereby certifies,represents and warrants to the CITY that all CONTRACTOR'S employees and/or agents who will be providing products and/or services with respect to this CONTRACT shall be legal residents, and legally authorized to work in the United States. CONTRACTOR 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 CONTRACT. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant records at no cost to the CITY. CONTRACTOR shall pay any and all costs associated with any such audit. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S employees and/or agents located in the United States, who will be providing products and/or services with respect to this CONTRACT,shall be legal residents of the United States. 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. ARTICLE XVII.INTEREST WAIVER Contractor here by waives any and all claims to interest on money claimed to be due pursuant to this Agreement, and any and all such rights to interest to which it may be otherwise entitled pursuant to law, including but not limited to, pursuant to the Local Government Prompt Payment Act, as amended (50 ILCS 50511, et seq), or the Illinois Interest Act,as amended(815 ILCS 205/1,et seq.). ARTICLE XIX.SIGNATURES 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 RON JONES ELECTRIC, INC CITY Name and Title Terrry R Jones,President S tegall FEIN NO. 36-2612693 Ci Manager ATTACHMENT "A" r) Proposal 12/16/2013 Ron Jones Elatri INC 695 Schneider Dr., South Elgin,IL 60177 (847)695-7500 Fax(847)695-0079 Web Site;www.deil.com E-mail:mail @ deil.com Services Rich Hoke 847-931-5650 . Design/Build Program Computer-Aided-Design City Of Elgin Building Dept. • . Commercial Wring 150 Dexter Ct • Industrial Wiring Elgin IL 60120 • Residential Wiring • Bucket Truck Service • Underground Cable Locating We propose to install the following at these locations: • Trenching • Rewiring • Emergency Service Civic Center Parking Deck Lighting • Parabolic Fixtures 1. In an existing conduit run at the electric vehicle charging station, • Indirect Lighting • Task Lighting disconnect and remove cables in lower level and install a weather • Parking Lot Lighting proof junction box. • Sports Lighting • Accent Lighting 2. In the existing conduit run install a single 40 amp, 208 volt circuit • Flexible Wiring Systems for new EV charger. Power 3. Mount the new EV charging unit provided by the City of Elgin on • Emergency Power Systems opposite side of column of original char er unit. • Isolated/Dedicated Circuits PP 9 • Uninterruptible Power Sources 4. Reconnect cables to existing charger and connect new charger to a • Generators liquid tight whip. Controls 5. At panel install a 40 amp, 2-pole breaker and terminate new • Energy Management • Power Line Carrier Controls conductors. • Motion Sensed Switching Interz:LINK Division All OF THE ABOVE WORK WILL BE COMPLETED FOR $2,781.00 Data Cabling • Category 5 • LIFETIME Warranty Ron Jones Electric Inc. CellularONE Authorized Dealer • Cellular Phone • In-Building Cellular TELCO Communications • Long Distance • 800 Service Terry R Jones Telephone Sales/Service • NBX/3COM President • Niksuko America Voice Mail/Auto Attendant • Nitsuko America • Virtual Operator Paging Services • TSR Wireless Fire Protection • Gamewell Property Protection • Security Systems • Card Access