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08-279 Resolution No. 08-279 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANDARD EQUIPMENT COMPANY FOR THE PURCHASE OF ONE ELGIN MEGAWIND CATCH BASIN CLEANER 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 that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Standard Equipment Company for the purchase of one Elgin Megawind Catch Basin Cleaner,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2008 Adopted: November 19, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITY OF ELGIN AGREEMENT WITH STANDARD EQUIPMENT COMPANY FOR PURCHASE OF ONE ELGIN MEGAWIND CATCH BASIN CLEANER This Agreement is made and entered into this�ay of November,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 Standard Equipment Company,incorporated in the state of and having a principal place of business at 2033 West Walnut Street, Chicago, Illinois 60612 ("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 October 21, 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, this Agreement shall supersede and control. ARTICLE II. DURATION AND COMPENSATION. 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 one Elgin Megawind Catch Basin Cleaner to the CITY. Compensation to the CONTRACTOR shall be in the amount of $223,657 for One-Elgin Megawind Catch Basin Cleaner. 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: (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 tenninate THIS CONTRACT for its convenience upon fourteen (14) days prior written notice. ARTICLE 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 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. 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. 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 affinnative 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 connnitment to all persons who participateinrecrultment,screening referral and selection of job applicants and prospective subcontractors. ARTICLE VII. ASSIGNABILITY. 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. 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 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 pennitted bylaw,Contractor agrees to and shall indemnify, defend and hold hannless 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,includingbut 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 pennission 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 authorization to spend such funds for the purposes of the contract. 1) If, for any fiscal year during the tern 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 tenninate 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 tennination. The person signing THIS CONTRACT certifies that s,,%e has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. ARTICLE XII. 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 U. S. 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 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. ARTICLE XII. WARRANTY. CONTRACTOR hereby does and shall guarantee and warrant the proper design and engineering of the equipment to be provided pursuant to this CONTRACT and shall make necessary changes to such equipment at CONTRACTOR'S expense. CONTRACTOR shall also provide CONTRACTOR'S warranty of twenty-four(24) months-unlimited hours to the equipment only with standard chassis warranty to be provided. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN ST NDARD EQUIP T COMPANY N e and Title Olufe ` City FEIN NO. 3lc - loc�0556(6;k F,Legal Dept\fcnms Bid Doc-Am-eement-StandaidEquiptrent-Catch Basin Cieaner.doc J ZU6JVVtb I VVALtNU 1 :>I htzt I °C,I'111.Ht.Q, IL OU0 I L' S t LILS I I�J r rNn J l L1Ci� c3 1 FG E-MAIL sales@ standerdequiprnent.com•tNT1=RNET: h tp:l i'�,vww.standarde(,Iuiptrzent.carti CWMiRD EQUIPMENT COMPANY Mr. John Loete October 21, 2008 Director of Public Works City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mr. Loete, Standard Equipment Company is pleased to present the follow quote on an Elgin Megawind mounted on an International model 4300 chassis. Please note that this quote is valid for 30 days from today's date. ELGIN MEGAWIND TO INCLUDE: RH only sweep 13 Yard hopper 475 gallon capacity Man hole on standard water tank Medium pressure washdown 10" Catch basin hose 8" hose exten. Frt bumper Anti carryover fan Full Hyd. boom movement Lifeliner hopper 6" hopper drain Hopper washout RH Inspection door,step, handle 2.5 lb fire extinguisher RH Side broom tilt Front spray bar Front&Rear LED Beacon w/guards LED Arrowstick AM/FM/CD radio 4 rear LED flashers 2 front LED flashers 8" Convex mirrors Cab/Body painted Elgin Red 2nd year P&L Warranty- sweeper only FOR THE AMOUNT OF: $223,657.00 Please call me at (312) 829-1919 if you have any questions regarding this quote. Best regards, STANDARD EQUIPMENT COMPANY Jim Miller Sales Representative . . � | | Gary Gembola FkjiniVaoor cenua xpniongm^na0e /JovVV,u^'ueuooa'/ a f [8471628-0664 0ct7 2OO8 . il, Irk" Standard Equipment Company Attn: Jim Miller CV0h 2O33 West Walnut Avenue Chicago, IL 60612 C 7 Z��� QE Elgin Illinois-&{e&uwiod Support ����T���� }�m' "- 8x you are aware the Elgin Sweeper Company(B3C0){a active io the design process o[onew catch basin cleaner/street sweeper called the Meguwiud. ESCO introduced this model io prototype stage xtthe AP9/f\show last August. Standard Equipment Company and the City ofElgin are both working very closely with GSC0iothe testing of this product. The testing that the City has completed for uxhuu driven design changes iothe proto-type units that will make the unit a much i-nore productive and safer on the Job. The City ioukey customer ofFederal Signal Corporation and v,oappreciate their participation in the development of our new product. We are hopeful the City will order a new Megawind from Standard Equipment Company in the very near future. Last Friday all three parties (ESCO, Standard Equiprnent Company and the City of Elgin)met to discuss the final configuration of the unit and any changes required in the design. This letter is to confirm that the Elgin Sweeper Company will stand behind the design criteria for the product for the City of Elgin. ESCO is in the final stages of the development of a production machine as the final input from the City is being incorporated into the ficotproduction model. BSCO will stand behind their ordered unit iu that the design and engineering will work usexpected. If i/ia found that the ordered unit ia not meeting the design specifications ESCO will make the necessary uhuugontu the City's unit utBSCUexpense. B3CO'o standard warranty ofl2 months/untij.-nited hours will apply to this unit unless the City wishes to purchase an extended warranty. VVe appreciate the effort and time the City has devoted to the development of the Muguvvind.. ' ~~ _ -_'_ _ GmryGem6ula co: Mickey McKee Ou/reo Simon Brian Giles File A SUBSIDIARY OF FEDER,41 SIGNAL CORPORATION October 30, 2008 r TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager John Loete, Public Works Director SUBJECT: Purchase of One Elgin Catch Basin Cleaner 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 to purchase one Elgin MegaWind Catch Basin Cleaner. RECOMMENDATION It is recommended that the Mayor and City Council authorize staff to execute the purchase of one Elgin MegaWind Catch Basin Cleaner from Standard Equipment Company in the amount of $223,657. BACKGROUND The purchase of this Catch Basin Cleaner is part of the Public Works equipment purchases approved for 2008. As staff was reviewing alternative equipment types, Elgin Sweeper Company approached us with a new machine that they are developing. They demonstrated a prototype machine and offered the City the use of the unit for an indefinite length of time in order to get feedback from our staff on how to improve the operation and function of the machine. Staff has been utilizing the unit on a daily basis and has provided constructive feedback to Elgin Sweeper Company, which they have incorporated into the design. The resulting finished product works very well and is superior to the other machine available on the market. Staff met with representatives from Standard Equipment Company, the regional factory representative for Elgin Sweeper Company, and received a detailed proposal (attached) for one new model year Elgin MegaWind catch basin cleaner with several options that will facilitate catch basin cleaning and leaf collection operations in our City. The attached proposal includes a letter from the factory (attached) committing continued factory support for the unit and a two year parts and labor warranty in lieu of the standard one year warranty. r-- ` — City Of Elgin Memorandum 1 Date: November 25, 2008 To: John Loete, Public Works Director From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 08-279, regarding Standard Equipment Company Enclosed please find the above referenced agreements. Please distribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you.