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HomeMy WebLinkAbout22-215 Resolution No. 22-215 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH BEC ENTERPRISES, LLC, D/B/A BROWN EQUIPMENT COMPANY FOR THE PURCHASE OF A TRUCK MOUNTED SEWER CLEANING VEHICLE 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 First Amendment Agreement on behalf of the City of Elgin with BEC Enterprises, LLC, d/b/a Brown Equipment Company, for the purchase of a truck mounted sewer cleaning vehicle, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2022 Adopted: December 7, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk FIRST AMENDMENT AGREEMENT This First Amendment Agreement is hereby made and entered into this 7th day of December , 2022, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "the City") and BEC Enterprises, LLC, an Indiana limited liability company, d/b/a Brown Equipment Company(hereinafter referred to as"Brown"). WHEREAS, the City has previously entered into a purchase agreement with Sewer Equipment of Illinois, LLC, an Illinois limited liability company, d/b/a JetVac Environmental ("JetVac") for the purchase of various equipment dated April 13, 2022, attached hereto and made a part hereof as Attachment B ("Original Agreement"); and WHEREAS, JetVac has been purchased by Brown; and WHEREAS, the parties hereto each intend hereby to amend the Original Agreement, included but not limited to amending the name of the seller in the Original Agreement from"Sewer Equipment Company of Illinois, LLC, an Illinois limited liability company, d/b/a JetVac" to "Brown"; 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 to amend the Original Agreement in its entirety by substituting this Agreement in its entirety. 1. RECITALS. The above recitals are hereby incorporated into and made a part of this Agreement as if fully recited hereunder. 2. PURCHASE. City shall purchase, and Brown shall sell the goods described by Attachment A attached hereto and made a part hereof. 3. TERMS. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, and Sourcewell under Contract Solicitation Number RFP#101221 ("JPA"), incorporated herein and made a part hereof by reference. 4. CONFLICT. In the event of any conflict between any of the terms and provisions of this purchase agreement and any attachment hereto or the JPA or any portion thereof, the terms and provisions of this purchase agreement shall supersede and control. In the event of any conflict between the terms and provisions of Attachment A or Attachment B and the JPA, the terms and provisions of the attachments shall supersede and control. 5. 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,without jury. Brown 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 Brown agrees that service by first class U.S. mail to Brown Equipment Company, 2501 S. Kentucky Avenue, Evansville, Indiana 47714 shall constitute effective service. Both parties hereto waive any rights to a jury. 6. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 7. 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 regarding the subject matter hereof. 8. INTEREST. Brown 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. 9. 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. 10. 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, Brown 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, Brown hereby certifies, represents, and warrants to the City that all of Brown'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. Brown shall also at its expense Brown 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 Brown to determine Brown's compliance with the provisions of this section. In the event the City proceeds with such an audit, Brown shall make available to the City, Brown's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 11. PAYMENT. City shall pay to Brown the total sum of$292,238.00 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, which shall be at Brown's sole expense. 12. DELIVERY. Brown shall deliver all equipment to the City's designated facility address on or before May 31, 2023. 13. LIMITATION OF DAMAGES. In no event shall either party hereto be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall either party hereto be liable for any consequential, special, or punitive damages resulting from loss of profit. 14. 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 2 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. 15. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at Brown's sole expense. 16. INDEMNIFICATION. To the fullest extent permitted by law, Brown and City agree to and shall indemnify and hold harmless the other party, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, damages or any and all other relief or liability, excluding attorney's fees, arising out of or resulting from or through or alleged to arise out of any willful misconduct or gross negligence of such indemnifying party or its officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. 17. 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 party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 18. LIMITATION OF ACTIONS. The parties shall not be entitled to, and hereby waive, any and all rights that either party might have to file suit or bring any cause of action or claim for damages of any nature whatsoever and in whatsoever forum against the other party and/or its affiliates, officers, employees, agents, attorneys, boards and commissions arising out of or in connection with this agreement after May 31, 2025. BEC ENTERPRISES,LLC,an Indiana limited CITY OF ELGIN liability company, d/b/a Brown Equipment Company Joseph William Fisher Print Na e Richard . ozal, City Mana er Atte Signature C. C erk CEO/PRESIDENT Title Legal Dept\Agreement\First Amend Agr-Brown Equipment-Sewer Cleaner-10-27-22.docx 3 ATTACHMENT A ®© Brown Equipment Company VehicleQuote 2501 5 Kentucky Ave Evansville IN 47714 B R 0 W N Ph:800-747-2312 #Q05452 EQUIPMENT COMPANY www.brownequipment.net 10/4/2022 Bill To Ship To TOTAL CITY OF ELGIN CITY OF ELGIN 150 DEXTER CT 1900 HOLMES RD ELGIN IL 60120 Elgin IL 60123 United States United States $292,238.00 Sales Rep:Shane Albert r Expires PO# Quote Information Shipping Method 11/3/2022 • Item Description Qty Price Extended Price 800-HPR-ECO SERIES IV Sewer Equipment Company of America 1 $208,866.00 $208,866.00 JETTER TRUCK 800-HPR-ECO Series IV Jetter Truck Giant 65 GPM @ 2000 PSI w/30 Min Run Dry Capability Telescoping&Rotating Safety Reel w/1000 Capacity of 1""Hose' 10'Leader Hose BB Hose Guide Hydrostatic Drive Via Trans Power PTO Tank&Fill:Tri-Star(Chisel Point) Nozzle Lighted NEMA 4 Control Panel"1500 Gallon Duraprolenew(Black) Water Tank w/10 Year Warranty" DD(High Flow)Nozzle Tachometer/Hour Meter Finned Nozzle Extension Air Purge Valve 2.5"Fill System Nozzle Rack Recirculation System at Highway Speed 25'Fill Hose "Painted Steel Shroud Enclosure w/3 Roll-Up Doors" Washdown Gun w/25'Ext.Hose Mudflaps&Aluminum Side Skirting Upstream Pulley Guide 80,000 BTU Compartment Heater Bumper/Hitch Receiver Paper Operator/Owner Manual Midship Water Manifold System Aluminum Underbody Toolboxes(2)Per Side,(1)Rear Consolidated Water Drain System D.O.T.Approved LED Lighting UPGRADE WATER SYSTEM TO 80 GPM @2500 PSI TRIPLEX WATER PUMP VANGUARD SANITIZING SYSTEM UPGRADE TO ALUMINUM SHROUD 1"X 800'2500PSI SEWER HOSE AUTOMATIC LEVEL WIND WITH HYD.UP DOWN ACTION DIGITAL SMART COUNTER FOOTAGE METER • ENGINE/WATER PUMP COMPARTMENT LIGHT LED FLOOD LIGHT LED STROBE LIGHT 12VDC POWER OUTLET LED ARROW STICK WIRELESS REMOTE PENDANT CONTROL FILL HOSE STORAGE RACK AIR PURGE SYSTEM LOCKABLE LONG HANDLED TOOL STORAGE REAR BACK UP CAMERA W/7INCH COLOR MONITOR MOUNTED IN CAB SAFETY CONES AND HOLDER MOUNTED FROM REAR BUMPER WITH 6 SAFETY CONES CHASSIS 2024 International MV607 1 $93,400.00 $93,400.00 Trade In Discount Item 2008 Sewer Equipment 1 ($10,028.00) ($10,028.00) 800 HPR International Chassis Subtotal $292,238.00 Tax(0%) $0.00 Total $292,238.00 11 I1111111111111111111III 1 of 2 Q05452 INTERNATIONAL® October 26,2022 Prepared For: Presented By: BROWN EQUIPMENT SELKING INTERNATIONAL Scott Brown Brock Selking 10603 Majic Port Ln. 2807 GOSHEN ROAD Fort Wayne,IN 46819-2500 FT WAYNE IN 46808- (260)747-2312 (260)482-3000 Reference ID:N/A Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed specification will meet your operational requirements,and I look forward to serving your business needs. Model Profile 2024 MV607 SBA(MV607) AXLE CONFIG: 4X2 APPLICATION: Sewer Vac MISSION: Requested GVWR:33000.Calc.GVWR:33000.Calc.GCWR:50000 Calc.Start/Grade Ability:34.59%/2.12%@ 55 MPH Calc.Geared Speed:78.5 MPH DIMENSION: Wheelbase:167.00,CA:99.90,Axle to Frame:63.00 ENGINE,DIESEL: (Cummins B6.7 280)EPA 2021,280HP @ 2400 RPM,660 lb-ft Torque @ 1600 RPM,2600 RPM Governed Speed,280 Peak HP(Max) TRANSMISSION,AUTOMATIC: (Allison 3000 RDS}6th Generation Controls,Close Ratio,6-Speed with Double Overdrive,with PTO Provision, Less Retarder,Includes Oil Level Sensor,with 80,000-lb GVW and GCW Max, On/Off Highway CLUTCH: Omit Item(Clutch&Control) AXLE,FRONT NON-DRIVING: (Dana Spicer E-1202IR)I-Beam Type, 12,000-lb Capacity AXLE,REAR,SINGLE: (Dana Spicer S140)Single Reduction,21,000-lb Capacity, R Wheel Ends Gear Ratio:6.14 CAB: Conventional,Day Cab TIRE,FRONT: (2)11R22.5 Load Range G AH37(HANKOOK),501 rev/mile,75 MPH,All-Position TIRE,REAR: (4)11 R22.5 Load Range G DH37(HANKOOK),498 rev/mile,75 MPH,Drive SUSPENSION,REAR,SINGLE: 23,500-lb Capacity,Vari-Rate Springs PAINT: Cab schematic 100WP Location 1:9219,Winter White(Std) Chassis schematic N/A 1 Proposal:11044-01 INTERNATIONAL') Vehicle Specifications October 26,2022 2024 MV607 SBA(MV607) Code Description FIR Wt Tot Wt (Ibs) (Ibs) MV60700 Base Chassis,Model MV607 SBA with 167.00 Wheelbase,99.90 CA,and 63.00 5354/2774 8128 Axle to Frame. 1572 TOW HOOK,REAR(2) -5/22 17 1ANA AXLE CONFIGURATION{Navistar}4x2 18/-35 -17 Notes :Pricing may change if axle configuration is changed. 1 CAE FRAME RAILS Heat Treated Alloy Steel(120,000 PSI Yield); 10.125"x 3.580"x 49/196 245 0.312"(257.2mm x 90.9mm x 8.0mm);460.0"(11684mm)Maximum OAL 1LSG BUMPER, FRONT Contoured,Steel,Painted Gloss Black,Severe Duty 0/0 0 1WEH WHEELBASE RANGE 134"(340cm)Through and Including 197"(500cm) 75/-75 0 2AYW AXLE,FRONT NON-DRIVING(Dana Spicer E-12021R}I-Beam Type, 12,000-lb 27/0 27 Capacity 3ADC SUSPENSION,FRONT,SPRING Parabolic Taper Leaf,Shackle Type, 12,000-lb 36/0 36 Capacity,with Shock Absorbers Includes :SPRING PINS Rubber Bushings,Maintenance-Free 4091 BRAKE SYSTEM,AIR Dual System for Straight Truck Applications -30/-20 -50 Includes :BRAKE LINES Color and Size Coded Nylon :DRAIN VALVE Twist-Type :GAUGE,AIR PRESSURE(2)Air 1 and Air 2 Gauges;Located in Instrument Cluster :PARKING BRAKE CONTROL Yellow Knob, Located on Instrument Panel PARKING BRAKE VALVE For Truck :QUICK RELEASE VALVE On Rear Axle for Spring Brake Release: 1 for 4x2,2 for 6x4 :SPRING BRAKE MODULATOR VALVE R-7 for 4x2,SR-7 with relay valve for 6x4/8x6 4AZA AIR BRAKE ABS(Bendix AntiLock Brake System)4-Channel(4 Sensor/4 9/21 30 Modulator)Full Vehicle Wheel,Control System 4EDN AIR DRYER(Bendix AD-9SI}with Heater,Includes Safety Valve 19/-2 17 4EXP BRAKE CHAMBERS,FRONT AXLE(Bendix)20 Sqln 16/0 16 4EXU BRAKE CHAMBERS,REAR AXLE{Bendix EverSure}30/30 Sqln Spring Brake 0/39 39 4GBM BRAKE, PARKING Manual Push-Pull Pneumatic Parking Brake 0/0 0 4LAG SLACK ADJUSTERS,FRONT(Gunite)Automatic 14/0 14 4LGG SLACK ADJUSTERS,REAR(Gunite)Automatic 0/14 14 4SPA AIR COMPRESSOR{Cummins}18.7 CFM 37/1 38 4VLE AIR DRYER LOCATION Mounted Inside Engine Compartment,Right Side 0/0 0 4WBX DUST SHIELDS,FRONT BRAKE for Air Cam Brakes 10/0 10 4WDM DUST SHIELDS,REAR BRAKE for Air Cam Brakes 0/10 10 4XDC BRAKES, FRONT{Mentor 15X4 Q-PLUS CAST)Air S-Cam Type,Cast Spider, 77/0 77 Fabricated Shoe, Double Anchor Pin,Size 15"X 4", 13,200-lb Capacity 2 Proposal:11044-01 INTERNATIONAL° Vehicle Specifications October 26,2022 2024 MV607 SBA(MV607) Code Description FIR Wt Tot Wt (Ibs) (Ibs) 4XDR BRAKES,REAR{Mentor 16.5X7 0-PLUS CAST)Air S-Cam Type, Cast Spider, 0/195 195 Fabricated Shoe,Double Anchor Pin,Size 16.5"X 7",23,000-lb Capacity per Axle 4XEZ AIR TANK LOCATION(2)Mounted Between the Rails,Back of Cab,One on Each 0/0 0 Side,Parallel to Rails 5708 STEERING COLUMN Tilling 14/2 16 5CAW STEERING WHEEL 4-Spoke; 18"Dia.,Black 0/0 0 5PSA STEERING GEAR{Sheppard M100}Power 27/-5 22 6DGA DRIVELINE SYSTEM{Dana Spicer)SPL100,for 4x2/6x2 0/0 0 7BEV AFTERTREATMENT COVER Steel,Black 10/3 13 7BLW EXHAUST SYSTEM Horizontal Aftertreatment System,Frame Mounted Right Side 134/44 178 Under Cab,for Single Vertical Tail Pipe,Frame Mounted Right Side Back of Cab 7WAZ TAIL PIPE(1)Turnback Type 5/4 9 7WDM EXHAUST HEIGHT 10' 2/0 2 7WDN MUFFLER/TAIL PIPE GUARD(1)Aluminum 10/7 17 8000 ELECTRICAL SYSTEM 12 Volt,Standard Equipment 0/0 0 Includes :DATA LINK CONNECTOR For Vehide Programming and Diagnostics In Cab :HAZARD SWITCH Push On/Push Off,Located on Instrument Panel to Right of Steering Wheel :HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever :PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light STARTER SWITCH Electric,Key Operated :STOP,TURN,TAIL&B/U LIGHTS Dual,Rear,Combination with Reflector TURN SIGNAL SWITCH Self-Cancelling for Trucks,Manual Cancelling for Tractors,with Lane Change Feature :TURN SIGNALS,FRONT Includes Reflectors and Auxiliary Side Turn Signals, Solid State Flashers; Flush Mounted :WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature(5 Pre-Set Delays),Integral with Turn Signal Lever :WINDSHIELD WIPERS Single Motor,Electric,Cowl Mounted :WIRING,CHASSIS Color Coded and Continuously Numbered 8518 CIGAR LIGHTER Includes Ash Cup 1/0 1 8GXD ALTERNATOR{Leece-Neville AV1160P2013}Brush Type, 12 Volt, 160 Amp 0/0 0 Capacity,Pad Mount,with Remote Sense BHAE BODY BUILDER WIRING Rear of Frame;Includes Sealed Connectors for Tail/ 0/3 3 Amber Tum/Marker/Backup/Accessory Power/Ground and Sealed Connector for Stop/Tum SHAH ELECTRIC TRAILER BRAKE/LIGHTS Accommodation Package to Rear of Frame; 0/2 2 for Combined Trailer Stop,Tail,Turn,Marker Light Circuits;Includes Electric Trailer Brake Accommodation Package with Cab Connections for Mounting Customer Installed Electric Brake Unit,Less Trailer Socket 8MJT BATTERY SYSTEM{Fleetrite}Maintenance-Free,(2)12 Volt 1900CCA Total,Top 7/7 14 Threaded Stud 8RMV SPEAKERS(2)6.5"Dual Cone Mounted in Doors 5/0 5 8RPR ANTENNA for Increased Roof Clearance Applications 1/0 1 3 Proposal:11044.01 INTERNATIONAL' Vehicle Specifications October 26,2022 2024 MV607 SBA(MV607) Code Description FIR Wt Tot (Ibs) (Ibs) 8RPS RADIO AM/FMI B/Ciock/Bluetooth/USB Input/Auxiliary Input 3/0 3 8TKK TRAILER AUXIUARY FEED CIRCUIT for Electric Trailer Brake Accommodation/ 1/0 1 Air Trailer ABS;with 30 Amp Fuse and Relay,Controlled by Ignition Switch 8TUU BATTERY CABLES with 1 Auxiliary Battery Post, Positive 0/0 0 8VBE HORN,ELECTRIC(1)Trumpet Style 0/0 0 8WBW JUMP START STUD Remote Mounted 2/0 2 includes :JUMP START STUD Mounted to Battery Box 8WWJ INDICATOR,LOW COOLANT LEVEL with Audible Alarm 0/0 0 8XAH CIRCUIT BREAKERS Manual-Reset(Main Panel)SAE Type III with Trip 0/0 0 Indicators,Replaces All Fuses 8XDU BATTERY BOX Steel,with Aluminum Cover, 14"Wide,2-3 Battery Capacity, 9/15 24 Mounted Left Side Under Cab SXHD BATTERY DISCONNECT SWITCH 300 Amp,Disconnects Charging Circuits, 2/0 2 Locks with Padlock,Cab Mounted 8XKL STARTING MOTOR{Mitsubishi Electric Automotive America 90P47}12-Volt,with 0/0 0 Soft-Start 8XNZ HEADLIGHTS Halogen,with Daytime Running Lights 0/0 0 9AAB LOGOS EXTERIOR Model Badges 0/0 0 9AAE LOGOS EXTERIOR, ENGINE Badges 0/0 0 9HCY GRILLE Molded in Black,with Chrome Surround 0/0 0 9WBN FENDER EXTENSIONS Painted 0/0 0 9WBW FRONT END Tilting, Fiberglass,with Three Piece Construction, Dual Air Intakes 0/0 0 9WBZ BUG SCREEN Mounted Behind Grille and Bumper Grille 5/0 5 10060 PAINT SCHEMATIC,PT-1 Single Color, Design 100 0/0 0 Includes :PAINT SCHEMATIC ID LETTERS"WP" 10761 PAINT TYPE Base Coat/Clear Coat, 1-2 Tone 0/0 0 10AGB COMMUNICATIONS MODULE Telematics Device with Over the Air Programming; 0/0 0 Includes Five Year Data Plan and International 360 10WUE MUD FLAPS,FRONT WHEELS(2)Rubber,Mounted on Fender Extension 12/0 12 11001 CLUTCH Omit Item(Clutch&Control) 0/0 0 12703 ANTI-FREEZE Red,Extended Life Coolant;To-40 Degrees F/-40 Degrees C, 0/0 0 Freeze Protection 12ERK ENGINE,DIESEL{Cummins B6.7 280}EPA 2021,280HP @ 2400 RPM,660 lb-ft 0/0 0 Torque @ 1600 RPM,2600 RPM Governed Speed,280 Peak HP(Max) 12THJ FAN DRIVE{Horton Drivemaster}Automatic On/Off Type,with Normally Closed 0/0 0 Temperature Control Includes 4 Proposal:11044-01 INTERNATIONAL® Vehicle Specifications October 26,2022 2024 MV607 SBA(MV607) Code Description FIR Wt Tot Wt (Ibs) (Ibs) : FAN Nylon 12VCE AIR CLEANER Single Element,Fire Retardant Media 0/0 0 12VJG EMISSION,CALENDAR YEAR{Cummins B6.7}EPA,OBD and GHG Certified for 0/0 0 Calendar Year 2023 12VXT THROTTLE, HAND CONTROL Engine Speed Control; Electronic,Stationary, 0/0 0 Variable Speed;Mounted on Steering Wheel 12WCG HOSE CLAMPS,RADIATOR HOSES{R.G.Ray Mini Flex Seal)Coil Springf'T'- 0/0 0 Bolt Constant Torque Type,for Radiator Hoses over 1"I.D. 12WPV OIL PAN 15 Quart Capacity,For Cummins ISB/B6.7 Engines 0/0 0 12WSY BLOCK HEATER,ENGINE{Phillips}120V/750W,for Cummins ISB/B6.7 Engines 0/0 0 Includes :BLOCK HEATER SOCKET Receptacle Type;Mounted below Drivers Door 12WZE CARB IDLE COMPLIANCE Federal,Does Not Comply with California Clean Air 0/0 0 Idle Regulations 12XBM ENGINE CONTROL,REMOTE MOUNTED Provision for;Includes Wiring for Body 0/0 0 Builder Installation of PTO Controls and Starter Lockout,with Ignition Switch Control,for Cummins B6.7 and L9 Engines 12XCE RADIATOR Aluminum,3-Row,Down Flow,Front to Back System,738 Sqln 0/0 0 Louvered,with 477 Sqln Charge Air Cooler,Includes In-Tank Oil Cooler 12XCS CARB EMISSION WARR COMPLIANCE Federal,Does Not Comply with CARB 0/0 0 Emission Warranty 13BCS TRANSMISSION,AUTOMATIC{Allison 3000 RDS}6th Generation Controls, 216/67 283 Close Ratio,6-Speed with Double Overdrive,with PTO Provision,Less Retarder, Includes Oil Level Sensor,with 80,000-lb GVW and GCW Max,On/Off Highway 13WET TRANSMISSION SHIFT CONTROL Column Mounted Stalk Shifter, Not for Use 1/0 1 with Allison 1000&2000 Series Transmission 13WLP TRANSMISSION OIL Synthetic;29 thru 42 Pints 0/0 0 13WUC ALLISON SPARE INPUT/OUTPUT for Rugged Duty Series(RDS)and Regional 0/0 0 Haul Series(RHS),General Purpose Trucks,Construction,Package Number 223 13WW NEUTRAL AT STOP Allison Transmission Shifts to Neutral When Service Brake is 0/0 0 Depressed and Vehicle is at Stop; Remains in Neutral Until Service Brake is Released 13WYU SHIFT CONTROL PARAMETERS{Allison}3000 or 4000 Series Transmissions, 0/0 0 Performance Programming 13XAM PTO LOCATION Dual,Customer Intends to Install PTO at Left and/or Right Side 0/0 0 of Transmission 14AKB AXLE,REAR,SINGLE{Dana Spicer S140}Single Reduction,21,000-lb Capacity, 0/163 163 R Wheel Ends.Gear Ratio:6.14 14SAN SUSPENSION,REAR,SINGLE 23,500-lb Capacity,Vari-Rate Springs 0/39 39 15LMR FUELIWATER SEPARATOR{Racor 400 Series,)with Primer Pump,Includes 0/0 0 Water-in-Fuel Sensor 15LRE LOCATION FUEUWATER SEPARATOR Mounted Under Hood, Left Side,Above 0/0 0 Front Axle 5 Proposal:11044 01 • INTERNATIONAL® Vehicle Specifications October 26,2022 2024 MV607 SBA(MV607) Code Description F/R Wt Tot Wt (Ibs) (Ibs) 15SXJ FUEL TANK Top Draw,Non-Polished Aluminum,24"Dia,50 US Gal(189L), 11/-2 9 Mounted Left Side,Under Cab 15WCN DEF TANK 5 US Gal(19L)Capacity,Frame Mounted Outside Left Rail,Under Cab -3/20 17 15WCS FUEL COOLER Less Thermostat;Mounted in Front of Cooling Module 0/0 0 16030 CAB Conventional,Day Cab 0/0 0 Includes :CLEARANCE/MARKER LIGHTS(5)Flush Mounted 16564 HEATER SHUT-OFF VALVES(1)Ball Valve Type, Supply Line 2/0 2 16BAM AIR CONDITIONER with Integral Heater and Defroster 56/0 56 16GEG GAUGE CLUSTER Premium Level;English with English Electronic Speedometer 0/0 0 Includes :GAUGE CLUSTER DISPLAY:Base Level(3"Monochromatic Display),Premium Level(5"LCD Color Display);Odometer,Voltmeter,Diagnostic Messages,Gear Indicator,Trip Odometer,Total Engine Hours,Trip Hours,MPG,Distance to Empty/ Refill for :GAUGE CLUSTER Speedometer,Tachometer, Engine Coolant Temp, Fuel Gauge,DEF Gauge,Oil Pressure Gauge,Primary and Secondary Air Pressure or Auxiliary Air Pressure(if Air Equipped) :WARNING SYSTEM Low Fuel,Low DEF,Low Oil Pressure,High Engine Coolant Temp,Low Battery Voltage(Visual and Audible), Low Air Pressure,Primary and Secondary(if Air Equipped) 16GHU GRAB HANDLE,CAB INTERIOR(2)Safety Yellow 0/0 0 16HKT IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge 0/0 0 Cluster 16LJP SEAT,DRIVER(National Model HP}Air Suspension,High Back,with Mordura -11/-4 -15 Cloth,2 Arm Rests,Isolator,3-14 Degree Back Recline,3 Chamber Lumbar,6 Position Front Cushion Adjust,3 Position Rear Cushion Adjust,Bellows 16PPM SEAT,PASSENGER(National Model HP}Air Suspension,High Back,Mordura 67/28 95 Cloth,2 Arm Rests,Isolator, 1 Chamber Lumbar,2 Position Front Cushion Adjust, 3 Position Rear Cushion Adj.,3-14 Degree Back Angle Adjust,Bellows 16SSR MIRRORS(2)C-Loop,Power Adjust,Heated,Turn Signals,LED Clearance Lights, 0/0 0 Black Heads and Arms,7"x 14.5"Flat Glass,Includes 8"x 6"Convex Mirrors,for 96"Load Width Notes :Mirror Dimensions are Rounded to the Nearest 0.5" 16VKB CAB INTERIOR TRIM Classic,for Day Cab 0/0 0 Includes :CONSOLE,OVERHEAD Molded Plastic with Dual Storage Pockets,Retainer Nets and CB Radio Pocket;Located Above Driver and Passenger :DOME LIGHT,CAB DoorActivated and Push On-Off at Light Lens,Timed Theater Dimming,Integral to Overhead Console,Center Mounted :SUN VISOR(2)Padded Vinyl;2 Moveable(Front-to-Side)Primary Visors,Driver Side with Toll Ticket Strap 16VLK CAB REAR SUSPENSION Air Suspension,for Mid Cab Height 42/0 42 6 Proposal:11044.01 9 • INTERNATIONAL° Vehicle Specifications October 26,2022 2024 MV607 SBA(MV607) Code Description FIR Wt Tot Wt (lbs) (Ibs) 16WJU WINDOW,POWER(2)and Power Door Locks,Left and Right Doors,Includes 5/0 5 Express Down Feature 16XJP INSTRUMENT PANEL Wing Panel 0/0 0 16ZBT ACCESS,CAB Steel,Driver&Passenger Sides,Two Steps per Door,for use with 0/0 0 Day Cab and Extended Cab 27DTU WHEELS,FRONT{Accuride 29001}DISC;22.5x7.50 Rims,Powder Coat Steel, 0/0 0 5-Hand Hole, 10-Stud,285.75mm BC,Hub-Piloted,Flanged Nut,with Steel Hubs 28DTT WHEELS,REAR{Accuride 28828}DUAL DISC;22.5x8.25 Rims,Powder Coat 0/28 28 Steel,2-Hand Hole,10-Stud,285.75mm BC,Hub-Piloted,Flanged Nut,with.472" Thick Increased Capacity Disc and with Steel Hubs 60AAG BDY INTG,REMOTE POWER MODULE Mounted Inside Cab Behind Driver Seat, 0/0 0 Up to 6 Outputs&6 Inputs,Max 20 amp per Channel,Max 80 amp Total;Includes 1 Switch Pack with Latched Switches 60ABB BDY INTG,PTO ACCOMMODATION for Muncie Lectra Shift PTO Engagement 0/0 0 and Disengagement,with Momentary Switch Mounted on Dash;Includes Indicator Light and Audible Alarm in Gauge Cluster(requires 1 Remote Power Module input &1 output) 7372135809 (2)TIRE,FRONT 11R22.5 Load Range G AH37(HANKOOK),501 rev/mile,75 56/0 56 MPH,All-Position 7372135810 (4)TIRE,REAR 11 R22.5 Load Range G DH37(HANKOOK),498 rev/mile,75 MPH, 0/140 140 Drive Services Section: 40129 WARRANTY Standard for MV Series,Effective with Vehicles Built July 1,2017 or 0/0 0 Later, CTS-2020A Total Component Weight: 639813701 10099 BodylAllied Equipment Code Description FIR Wt Tot Wt Goods Purchased Code Description FIR V t Tot Wt The weight calculations included in this proposal are an estimate of future vehicle weight.The actual weight as manufactured may be different from the estimated weight.Navistar, Inc.shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. 7 Proposal:11044-01 ATTACHMENT B PURCHASE AGREEMENT This Agreement is hereby made and entered into this, 13th day of_April. ,2022 by and between the City of Elgin,Illinois,a municipal corporation (herein referred to as"City") and Sewer Equipment of Illinois, LLC, an Illinois Limited Liability Company, d/b/a JetVac Environmental,(herein referred to as"JetVac"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 JctVac shall sell the goods 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,and Sourcewell under Contract Solicitation Number RF P#10122 I ("JPA"), incorporated herein and made a part hereof by reference. 3. CONFLICT. In the event of any conflict between any of the terms and provisions of this purchase agreement and Attachment A hereto or the JPA or any portion thereof, the terms and provisions of this purchase agreement shall supersede and control. In the event of any conflict between the terms and provisions of this agreement or Attachment A and the JPA,the terms and provisions of this agreement or Attachment A shall supersede and control. 4. L4AWJVENUE. 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,without jury. JetVac 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 JetVac agrees that service by first class U.S.mail to JetVac Environmental,4035 Doheny Drive, Island Lake,Illinois 60042 shall constitute effective service. Both parties hereto waive any rights to a jury. 5. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 6. MERGER. This agreement embodies the whole agreement of the parties. There arc 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 regarding the subject matter hereof. 7. INTEREST. JetVac 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(501 LCS 505/I,ct seq.)as amended or the Illinois Interest Act (815 ILCS 205/1 ct seq.) as amended. The provisions of this paragraph shall survive any • expiration,completion,and/or termination of this agreement. 8. 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. 9. 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, JetVac 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, JetVac hereby certifies.represents,and warrants to the City that all of JetVac'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. JetVac shall also at its expense JetVac 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 JetVac to determine JetVac's compliance with the provisions of this section.In the event the City proceeds with such an audit, JetVac shall make available to the City,JetVac's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 10. PAYMENT. City shall pay to JetVac the total sum of$267,537.00 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,which shall be at JetVac's sole expense. 12. LIMITATION OF DAMAGES. In no event shall either party hereto be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall either party hereto be liable for any consequential, special, or punitive damages resulting from loss of profit. 13. 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 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. 14. TRANSFER OF TITLE/RISK. Transfer of title,and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at JetVac's sole expense. 15. MlN1FICATION. To the fullest extent permitted by law,JetVac and City agree to 2 and shall indemnify and hold harmless the other party, its officers, employees, boards and commissions from and against any and all claims,suits,judgments,costs,damages or any and all other relief or liability,excluding attorney's fees, arising out of or resulting from or through or alleged to arise out of any willful misconduct or gross negligence of such indemnifying party or its officers,employees,agents or subcontractors in the performance of this agreement, including but not limited to,all goods delivered or services or work performed hereunder. 16. 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 party arising out of or pursuant to this Agreement shall not constitute,and shall not be constntcd as,a waiver of any such rights. 17. LIMITATION OF ACTIONS. The panics shall not be entitled to, and hereby waive. any and all rights that either party might have to file suit or bring any cause of action or claim for damages of any nature whatsoever and in whatsoever forum against the other party and/or its affiliates, officers, employees, agents, attorneys, boards and commissions arising out of or in connection with this agreement after two(2)years from the date of this agreement. SEWER EQUIPMENT OF ILLINOIS,LLC LOIN to S kur,c Mb ef+ Print Name Richard .K al.City Manager Attest .i&&zn Signature City erk cg f C'on5111 44- Title 1Lcga1 Dcpl AgrccancnIVcr Vac Purclwsc Agr-Sewer Clwncr-3-10-22.dan 3 ATTACHMENT A Date:01/19/22 Jet Vac EMronmentel Company: City of Elgin uns OWgrry Or.Ivry UM,w BOW [} C Address: 1900 Holmes Rd Phone:847-528-5871 JET tCI3 CItySContactt: Main,IL 80123 Fax.(815)801-4405 www.etvacenvironrnentaLcom Phone: 847-931-5068 SaleI Shane Albert 815-877-5444 Email: rn3tf141v tejgs tY0leI0II1 OI •4800M•P' cc2 SERIES1WrticKtilotinted)High1PressuretSeine'rtioanenttl,Ki RearCome tn,sa101pa; dt ttltllll�b�ll�ee (4azders A ACcssaottast Mint RR RPM a awn PSI Telescoping 8 Rotating Safety Reel 10'Leader Hose w130 Min Run Dry Capability w1706 Capacity of 1'Hose BB Hose Guide Hydrostatic Drive Via Trans Power PTO Tank 8 FIR: TriStar(Chisel Point)Nozzle Lighted NEMA 4 Control Panel 1600 Gallon Dumprotene"`(Slack) OD(High Flow)Nozzle Tachometer l Hour Meter Water tank w/10 Veer Warranty finned Nozzle Extension Al:Purge Valve 26"FM System Nozzle Rack Recirculation System at Highway Speed Mgt 25'FR Hose Painted Steel Shroud Enclosure Mounting to Approved Chassis Westrdown Gun w/25'Ext.Hose w/3 RoNdJp Doors Mudflaps 8 Aluminum Side Skirting Upstream Pulley Guide 80,000 BTU Compartment Heater Bumper I Hitch Receiver Paper Operator I Owner Marvel Midshlp Water Manifold System Aturakwrn Underbody Toolboxes(2)Per Side,(1)Rear Conadldated Watt 0r81n System 0.0.T.Approved LED Lighting REAR COMPART MENT OPTIONS: UPGRADE WATER SYSTEM TO 80 GPM 02500 PSI TRIPLEX WATER PUMP VANGUARD SANrTI21NG SYSTEM UPGRADE TO ALUMINUM SHROUD •• REELANDTjQaa, I; uPLIRADe I 100dLAPACIIT MOSE REEL 1'X 500'2500PSI SEWER HOSE AUTOMATIC LEVEL WINO WITH HID.UP DOWN ACTION DIGITAL SMART COUNTER FOOTAGE METER COMPARTMENT LIGHT LED FLOOD LIGHT LED STROBE LIGHT 12VDC POWER OUTLET LED ARROW STICK WIRELESS REMOTE PENDANT CONTROL TANK A FILL OPTIONS: FILL HOSE STORAGE RACK TRUCK MOUNT IG AND TOOL STORAGE OPTIDNa; AIR PURGE SYSTEM LOCKABLE LONG HANDLED TOOL STORAGE REAR BACK UP CAMERA WI 7INCH COLOR MONROR MOUNTED IN CAB SAFETY CONES AND HOLDER MOUNTED FROM REAR BUMPER WITH 6 SAFETY CONES Corulrxrid on Pige 2 Data:01119122 Jet vac Environmental Company: City of Elgin 4,715 Downy Or.hand like.It.60342 I t7 Address: 1000 Holmes Rd Phone:a47-526-5671 jETt j is" CIIy-S stailp: Elgin.IL 80123 Fax(815)801.4405 +r�w� 1 Contact: Melt Meltingly www elvecenvuonmenlal core 91 , I + phone: 847-931.5958 Sales:Shane Albert 015677-5444 , Email: -maltirt9h mOCih•otel in,orn ; j�S, ;h, , 100 hp,WITH SOURCEWELL DISCOUNT: S1041,332 2024 INTERNATIONAL MVSOT CHASSIS: $91,185' Caton N i22017-SCA TRADE-IN VALUE 10i000)i TOTAL:... i ,671.„ TERMS&CONDITIONS: `Quote is valid for 30 days CL1 clanktrAp"P12011B1; :Source*aTU 33S'of) Ip-O.tk ritinpshy Alamo DelireryAddresa. Oty/Stale/Zip Name 7NIe Date P ease gn a mum y emat�l�o: sales elvacenvironrnentel.com