Loading...
HomeMy WebLinkAbout22-135 Resolution No. 22-135 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH POWER EQUIPMENT LEASING COMPANY FOR THE PURCHASE OF A NEW LIFT VEHICLE TO REPAIR AND MAINTAIN STREET LIGHT INFRASTRUCTURE 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 Power Equipment Leasing Company, for the purchase of a new lift vehicle to repair and maintain street light infrastructure, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2022 Adopted: July 27, 2022 Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 27 day ofTp , 2022, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Power Equipment Leasing Company, an Illinois corporation, (hereinafter referred to as "Power Equipment" 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. PURCHASE. City shall purchase, and Power Equipment shall sell the goods and/or services described by Attachment A,attached hereto and made a part hereof. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. 3. LAW/VENUE. 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. Power Equipment 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 Power Equipment agrees that service by first class U.S. mail to Power Equipment Leasing Company, 605 Anderson Drive, Romeoville, Illinois 60446 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 5. MERGER. 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. INTEREST. Power Equipment 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. 7. SEVERABILITY. 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 remainder of this agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, Power Equipment 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, Power Equipment hereby certifies, represents and warrants to the City that all of Power Equipment'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. Power Equipment 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. 9. EXECUTION. 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. 10. CONFLICT. 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 supersede and control. 11. PAYMENT. City shall pay the total sum of$172,607 within thirty (30) days of delivery or city's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes. 12. DELIVERY. Power Equipment shall complete delivery of all goods on or before August 1,2022. 13. LIMITATION OF DAMAGES. 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. 14. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation shall be at Power Equipment's sole expense. 2 15. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either parry arising out of or pursuant to this Agreement shall not constitute,and shall not be construed as, a waiver of any such rights. 16. LIMITATION OF ACTIONS. Power Equipment shall not be entitled to, and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and commissions of any nature whatsoever and in whatsoever forum after two (2)years from the date of this Agreement. The person signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first above written. POWER EQUIPMENT LEASING CITY OF ELGIN COMPANY K L �; r' Print Name Richard G. Kozal, City Manager Signature V Atte Title ity Clerk 3 ATTACHMENT A A 0 UASING�0 EO�I�E 605 Anderson Drive July 111,2022 Romeoville,IL 60446 Quote Number:22-054A Phone:815-886-1776 Fax:815-886-1161 City of Elgin Attn:Aaron Neil Superintendent of Public Works 1900 Holmes Road,Elgin,IL 60123 847-931-6099 neal—a@cityofelgin.org Power Equipment Leasing Company is pleased to quote you a new Versalift SST-40-EIH-02 mounted on a MY 2022 Ford F550 Super Duty. The SST-40-EIH-02 is an articulated/telescopic aerial platform lift,with 45'of work height and includes the following: • Platform capacity of 350 lbs.(160 kg). • Platform mounted full pressure Unitrol single-lever control with VERSALIFT TruGuard'"system(Patent Pending) including safety trigger and emergency stop control. • 180-degree platform rotator. • Fiberglass inner boom and patented ELECTROGARD provide 42 in.(1.07m)insulation gap fully retracted or extended, meeting ANSI A92.2-2015 requirements for Cat.C,46 KV and below. • The inner boom and ELECTROGARD are finished with white urethane paint over white gel coat. • Full pressure turret mounted lower controls including override. • Self-locking worm gear rotation drive with shear ball bearing. • Engine start/stop from platform and lower controls. • Continuous rotation with 3-pass collector ring. • Multi-link hose carrier system through booms. • Non-lube bearings used at all pivot points. • Integral hydraulic oil reservoir with dual sight gauges and 15 gal.capacity. • Closed 24 in.X 30 in.X 42 in.(0.61m X 0.76m X 1.07m)fiberglass platform w/curbside step. • Liner for 24 in X 30 in.X 42 in.closed platform. • Vinyl platform cover for 24 in X 30 in.X 42 in.platform. • Master/slave hydraulic leveling with upper and lower control to tilt for cleanout or rescue. • Standard 47-inch-tall pedestal. • Mounting hardware for chassis installation. • Chassis insulation system(lower boom insert). • Unit painted extreme climate bright white urethane. • Two operators'and two service manuals. • Emergency 12-volt power. • ANSI A92.2 data plate. B&G Bodies—132"Steel Service Body(132"long x 94"wide x 40"tall): • Compartment Height 40",Depth 20";Load space Width 54",Top of Body to Top of Floor 24",Horizontal Compartments 18"Tall • Stainless steel rotary type door latches • Chain stops on all doors • Rubber rolled crown type fenders • Automotive bulb type weather-stripping mechanically fastened to door frame with rounded corners • Master door lock,hook and loop system on each door • Finish:Powder coat exterior and interior-Ford Oxford White • Rubberized protective undercoating • Streetside Compartmentation: 0 1st Vertical: ■ 34"wide x 40"high x 20"deep ■ Two adjustable shelves Versalift SST-40-EIH-02 Page 2 of 4 0 2nd Vertical: ■ 22"wide x 40"high x 20"deep • One adjustable shelf o Horizontal Compartment: ■ 50"wide x 18"high x 20"deep • One adjustable shelf o Rear Vertical: ■ 26"wide x 40"high x 20"deep ■ One adjustable shelf 0 1st Vertical: ■ 34"wide x 40"high x 20"deep ■ Two adjustable shelves each with 12 dividers 0 2nd Vertical: ■ 22"wide x 40"high x 20"deep ■ One adjustable shelf o Horizontal Compartment: ■ 50"wide x 18"high x 20"deep ■ One adjustable shelf o Rear Vertical: ■ 26"wide x 40"high x 20"deep ■ Five(5)fixed material hooks o LED DOT lighting package with Ford wiring harness adaptor o Tailshelf(installed)30"wide x 94"long x 6"deep o Unistrut rails for cable carriers and brackets installed on both curbside and streetside of the cargo area o Generator rack installed on curbside front of body for Honda 5000W generator(not supplied) o Window guard welded to body,finished same as body,with 2022 Ford F550 4x4 Standard Chassis Cab: 169"WB,84"CA,Oxford White Exterior,Vinyl 40/20/40 seats medium earth gray interior color,XL Trim Package,Air Conditioning,6.7L V8 Diesel Engine with 10-speed auto transmission,225/70R 19.5G traction tires,4.88 limited slip rear axle, Transmission PTO provision. Installation Includes the Following Items: • Install VERSALIFT SST-40-EIH,mounting hardware and clutch pump hydraulic system • Install rear torsion bar and counterweight for stability • Install rear hitch assembly with 8-ton pintle,D-rings,6-pin trailer plug • All wiring for LED flashers to be routed through weatherproof junction box • Install park brake interlock and slope indicators • Test ride completed on unit for 1 hour • Test and Certify per ANSI A92.2 • SSI Class 1 amber/clear strobe light system,x 6 fixtures(2 front,4 rear),x2 Amber LED beacons on window guard • Roll-on bed liner application on walking surfaces of cargo area and tailshelf,color:Black • Top-Body box package,x3 RC Tool Boxes Diamond-Brite Aluminum with swing-up doors and gas struts PRICE PER UNIT,F.O.B.ROMEOVILLE,IL $172,302.00 MUNICIPAL REGISTRATION AND TITLE TRANSFER: $305.00 GRAND TOTAL: $172,607.00 TERMS: Purchase Order accepted in lieu of down payment. Wire transfers or business checks are accepted forms of payment. Price includes license,title and taxes.The City of Elgin is a tax-exempt municipality. ***Raw materials such as steel and aluminum are increasing steadily. Components may be subject to a steel or aluminum surcharge from the manufacturers,which may increase the quoted price. Lead times are subject to change without notice.*** DELIVERY: This unit is in-stock and available for immediate delivery. VALIDITY: This quote is valid for 10 days. WARRANTY: This is a new unit;all standard manufacturer warranties apply. Versalift SST-40-EIH-02 Page 3 of 4 Regards, Mark Gehrt Chief Operating Officer Customer Acceptance: Date: Purchase Order Number: Versalift SST-40-EIH-02 Page 4 of 4 Power Equipment Leasing Company Terms and Conditions Delays in Delivery.Seller shall not be responsible for any delay in delivery of goods to Buyer due to fires,strikes, riots,Acts of God, government orders or restrictions, delays in transportation, delays by suppliers of materials or parts, inability to obtain necessary labor or other causes beyond Seller's control. In the event of such delay,the delivery date shall be extended for a reasonable period of time. Warranties. Seller warrants its work to be free from defects in material and workmanship under normal use and service, its obligation under this warranty being limited to making good any part or parts thereof which shall be returned to it with transportation charges prepaid,and which its examination shall disclose to Seller's satisfaction to have been defective, provided that such part or parts shall be so returned not later than(90)days after delivery to the original purchaser. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and of all other obligations or liabilities on Seller's part, and Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the repair of its equipment. This warranty shall not apply to work which shall have been repaired or altered outside of Seller's repair facility,nor which has been subject to misuse,negligence or accident. Warranty on all new parts and equipment is governed by the individual manufacturer warranty attached.