08-105 Resolution No. 08-105
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
AMERICAN AIRWORKS FOR PURCHASE OF FIRE HOSE WASHER AND DRYER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with American Airworks,for purchase of a fire hose washer and dryer,a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 23, 2008
Adopted: April 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
CITY OF ELGIN
AGREEMENT WITH AMERICAN AIRWORKS
FOR PURCHASE OF HOSE WASHER AND DRYER
THIS AGREEMENT is made and entered into this_?Li_day of March, 2008 by and between the
City of.Elgin("the CITY"),a municipal corporation organized and existing under the laws of the
State of Illinois,and American Airworks,incorporated in the State of W Y" i dand having a
principal place of business at 578 Robert C.Byrd Drive,Sophia,West Virginia 25921-1000("the
CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement,the
Request for Proposals (RFP) including all documents referenced therein and the Contractor's
Proposal response dated January 9, 2008 (Proposal)thereto incorporated by reference herein and
made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in
accordance with the RFP and CONTRACTOR'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. DURA'T'ION AND SCHEDULE. The CONTRACTOR shall commence the
performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The
work shall be complete when the CONTRACTOR has provided and delivered the fire hose washer
and dryer requested by the CITY. Compensation to the CONTRACTOR shall be in.the amount of
$24,840 for Items AC99201—Dryer Hose and AC99202-Washer Hose;and Yellow Freight charges
in the amount of$595.00,with the total compensation not to exceed$25,435.00.
ARTICLE III. 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: (0 failure to commence performance of THIS CONTRACT at the
time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTORS
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 CON RACTOWs 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 wi,ttt a material term of THIS
CONTRACT,including,but not limited to the Affirmative Action acquirements,and(vi) any other
acts specifically and expressly stated in THIS CONTRACT as constituting a basis forte 3inalion for
cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen(14)days
prior written notice.
AR—I LE IV. DAMAGES. From any sums due to the CONTRACTOR 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 Purchasing Director,incurred by the CITY as a consequence of procuring goods or
services as a result of any failure,omission or mistake of the CONTRACTOR in providing goods or
services as provided in THIS CONTRACT.
ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is trade 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. AFFMMATIVE 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 efTiicicnt
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,rcfenral
and selection of job applicants and prospective subcontractors.
ARTIC ASSIGNA$ILTTY. The CONTRACTOR shall not assign,sell or transfer any
interest in THIS CONTRACT 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. N0TICES.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 noanagcr or undersigned representative, and if to the City, to the
attention of the City Manager, 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 X. 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 agreement,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 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 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 appropriation.of funds sufficient to discharge the obligations which accrue in
that fiscal year and authorizatioo to spend such funds for the purposes of the contract.
2
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 XIII. COMPLIANCE VVITII LA-WS.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 of 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 lawfud 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 CI'T'Y the CONTRACTOR'S relevant records at no cost to the CITY.
ARTICLE XIV. WARRANTY, The CITY'S purchase from the CONTRACTOR as provided in
this contract shall include the standard warranty typically provided by CONTRACTOR for the
equipment being purchased herein.
ARTICLE_XV. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of
the patties. There shall be no promises,terms,conditions or obligations other than those contained
therein.; and this agreement shall supersede all previous comtx unications, r¢presentations, or
agreements,either verbal or written,between the parties.
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 CITY OF ELGIN
AMERICAN AIRWORKS
B - By .r
QNe and Title Olufem ol'arin
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93AIRWOUS AMERICAN Quote
Date Quote#
578 Robert C.Byrd Drive
PO Box 1000 1/9/2008 6091
Sophia,WV 25921-1000
Name/Address Ship To
Elgin City of
150 Dexter Court
Elgin IL 60120
Craig Pleva-pleva—c@cityofelgin.org
FOB Rep
Origin TM
Item Description Qty Cost Ea Total
AC99201 Dryer,Hose,Electric,240V,1Phase,2Wire 1 12,420.00 12,420.00
AC99202 Washer,Hose,Roto-Jet,Series 100,115/230 Dual Voltage Motor 1 12,420.00 12,420.00
Yellow Freight Yellow Freight-Includes Liftgate 1 595.00 595.00
Total $25,435.00
March 7, 2008
TO: Mayor and Members of the City Council
SAFE COMMUNITY
FROM: Olufemi Folarin, City Manager
John Henrici, Fire Chief
SUBJECT: Fire Hose Washer and Dryer for Fire Station 7
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an exception to the procurement ordinance with Cirul Air Corp. for the
purchase of one mechanical hose washer and one forced air hose dryer for Fire Station#7.
RECOMMENDATION
It is recommended that the City Council approve the purchase of one mechanical hose washer
and one forced air hose dryer from Cirul Air Corp. for Fire Station 47 in the amount of$25,435.
BACKGROUND
Dependable firefighting hose is an integral part of performing the tasks necessary to keep
property damage to a minimum during a fire. The Elgin Fire Department annually tests and
maintains its fire hose to get the maximum amount of use out of this important piece of
equipment. The fire hose washer and dryer are part of this maintenance as the hose washer
removes the particles of fire debris and chemicals that will degrade or damage the outer jacket of
the fire hose. The fire hose dryer allows the hose to dry at a controlled temperature and rate
which extends the life of the inner rubber lining. The Elgin Fire Department has used Circul Air
fire hose washers and dryers since the 1950's and has had excellent service from these units.
There are no other companies that manufacture mechanical fire hose washers and dryers other
than Cirul Air. One price quote was received from the manufacturer—Circul Air.
GROUPS/INTERESTED PERSONS CONTACTED
None
Fire Hose Washer and Dryer for Fire Station 7
March 7, 2008
Page 2
FINANCIAL IMPACT
The total purchase price of one mechanical fire hose washer and one forced air fire hose dryer
from Cirul Air Corp. is $25,435. The total budget for this project is $5,432,443 with
$4,892,752.59 spent and/or encumbered to date. There are sufficient funds budgeted
($4,918,600) and available ($286,291) in the 2008 Grand Victoria Lease Fund, account number
276-0000-791.92-36, "Capital Additions/Buildings and Structures," project 289506, "Fire
Station 7" for the purchase.
LEGALIMPACT
None
ALTERNATIVES
1. The City Council may choose to approve the purchase of the fire hose washer and fire
hose dryer.
2. The City Counsel may choose not to approve the purchase of the fire hose washer and
fire hose dryer.
Respectfully submitted for Council consideration.
JH/wmb
Attachment