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Home My WebLink About14-174 Resolution No. 14-174 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BRANIFF COMMUNICATIONS, INC. FOR THE INSTALLATION OF TWO WARNING SIRENS AND FOUR SIREN HEAD UPGRADES FOR EMERGENCY WARNING SIRENS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, 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 Braniff Communications, Inc. for the installation of two warning sirens and four siren head upgrades for emergency warning sirens, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 3, 2014 Adopted: December 3, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREENNIENT is hereby oracle and entered into this 3rd - day ofDecember 2014, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as -City") and Braniff Communications, Inc., an Illinois corporation (hereinafter referred to as "Braniff'). NOW, THEIZEFORE. for and in consideration of the inutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as fellows:. I City shall purchase. and Braniffshall sell to City the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. ']'his agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. 3. 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. 4. There shall be no modification of this agreement, except in writing and executed with the same fonnalities of the original. 5. 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, Braniff 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, el seq.), as amended, or the Illinois Interest Act (8 15 ILCS 20511, et seq.). as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 7. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Braniff 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, Braniff hereby certifies, represents and warrants to the City that all of Braniff'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, The City shall have the right to audit any records in the possession or control of Braniff to determine Braniff's compliance with the provisions of this section. In the event the City proceeds with Such an audit, Braniff shall make available to the City Braniff s relevant records at no cost to the City, 8. 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. 9, 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 c-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. 10. 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. CITY OF ELGIN BRANIFF COMMUNICATIONS, INC. --/_ yi - Sean eg F, City Manager Print N a Attest 7� Signature Title agrcemn441mliff-I 1-14-14-doc\ ATTACHMENT A I Model/fart Number Description oTY. unit Cost Ext.Cost INSTALLATION SERVICES—TWO(2)ADDITIONAL.WARNING SIRENS AND FOUR(4)SIREN HEAD UPGRADES c SYS INSTALL Installation and on-site testing of new federal Signal 2001-130 2.0 $6,230.00 $12,460.00 series Outdoor Warning Siren equipment on a new 55'Class 2 treated timber pole, including all related electrical and mechanical hardware. 1K-BATT-EXT Battery, 12VDC,8G3I-DEKA,MK,Veep Cvcle,Scaled Gel, 8.0 $347,00 $2,776.00 Extended Capacity, Maintenance free i tit:-C:LJSTONI Antenna System Kit, Includes MFBW7463 746-869MI-Iz 3dB 2.0 $1,168.00 $2,336.00 Gain OMNI Antenna,AMR-p Series Antenna Mounting Bracket, 55'of Andrew LD174-50A Series 1/2"Low Density Foam Insulation Coaxial Hardline, 1/2" LDF4 N-Malc Connectors, Coax Mounting Hardware,Seal Kits and 6A WG Grounding Cable&Connectors. FIELD SERV Labor, Field Services,Crane,Bucket Truck and Operators, 4.0 $1,375.00 $5,500.00 Installation and on-site testing of new federal Signal 2001-130 series Outdoor Warning Sirens heads at four(4)existing siren { locations, including;all related electrical and mechanical hardware. { NOTFS: t i. 55'Class II treated wooden pole to be furnished and installed by Braniff Communications at the designated site,pale deliver and Installation charges are included. 1 ? Adverse soil conditions, including rock, caving soil conditions, contaminated soil.poor site access availability and other i circumstances which result in more than two(2)hours to install a pole will result in a 3285.00 per hour fee,plus equipment. 1 + Electrical power(either overhead or underground)to the siren pole is not included and to be supplied>'installed by others. Arty ! 3 /eea associated with the connection of power, btu the Utility provider or any other entity, shall be the responsibility of the City. 4 Electrical service equipment including, and limited to, weatherprooffirsed service disconnects and electrical meter sockets are � included in this proposal. Ansj additional electrical service or power distribution equipment is not included, nor provided for, in this proposal. I 5. Hraniljshall contact,IUL,IF.and exercise due care during the equipment installation to prevent damage to underground utilities and surrourxlitrg facilities. 6. Site restoration is not providedfor, nor included, in this proposal. 7. Permits, bonds, licenses andfees, if applicable and required are not included and will be additional I I SUBTOTAL: $23,072.00 1 FREIGHT: $0,00 SAGES TAX: $0.00 TOTAL: $23,072.00 3 TERMS RISK OF LOSS. The risk of loss of the goods or any part thereof shall pass to the City upon delivery thereof by Braniff to the City (F.O.B. Destination Point). Braniff shall have sole responsibility for processing and collection of any claim of loss against the carrier, DELIVERY. Delivery dates are not guaranteed but are estimated on the basis of immediate receipt by Braniff of all information to be furnished by City and the absence of delays, direct or indirect. resulting from or contributed to by circumstances beyond Braniffs reasonable control. Braniff shall in good faith endeavor to meet estimated delivery dates but shall not be liable to City for any damages as a result of any delay caused or contributed to by circumstances beyond Braniff s reasonable control; provided, however, that delivering and installation shall commence on or before June 30, 2015. LIMITED WARRANTY. Braniff warrants each new product manufactured by Braniff to be free from defect in material and workmanship, under normal use and service, for a period of two years on parts replacement and one year on labor from the date of delivery to the first user- purchaser. During this warranty period, the obligation of Braniff is limited to repairing or replacing, as Braniff may elect, any parts of such product which, after examination by Braniff disclosed to be defective in material and/or workmanship. Braniff will provide warranty for any unit which is delivered, transported prepaid, to Braniffs facility or designated authorized warranty service center for examination and such examination reveals a defect in material and/or workmanship. The Braniff's warranty shall not apply to components or accessories, not manufactured by Braniff, that have a separate warranty by the original manufacturer, such as, but not limited to, distributed emergency lighting, warning and notification equipment and batteries. Braniff will provide on-site warranty service during the first 60-days after the completion of the installation. This warranty does not extend to any unit which has been subjected to abuse, misuse, improper installation or which has been inadequately maintained, nor to units which have problems relating to service or modification at any facility other than a Braniff facility or authorized warranty service centers. THERE IS NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BRANIFF BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OFANY SUCH DEFECT IN MATERIAL OR WORKMANSHIP. REMEDIES AND LINITATIONS OF LIABILITY. In the event Braniff is claimed to have breached any of its obligations under the contract, whether of warranty or otherwise, Braniff may repair any defective goods, request the return of goods and tender, at Braniffs option, a replacement shipment of goods or the purchase price theretofore paid to Braniff If Braniff so requests the return of the goods, the goods will be redelivered to Braniff, transportation prepaid, in accordance with Braniff s instructions. ASSIGNMENT AND DELEGATION, No right or interest in this sales contract shall be assigned by City without Braniffs prior written consent, and no delegation of any obligation owed. or of the performance of any obligation, by City shall be made without Braniff's written 4 consent. Any attempted assignment or delegation shall be void and totally ineffective for all purposes unless made in conformity with this paragraph. Notwithstanding the foregoing, if City is an authorized distributor of the goods for Braniff, then Braniff s obligations under paragraph 9, 10 and 11 hereof, subject to all limitations of this sales contract, shall be extended to the original purchaser of the goods from City. 5