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08-96 = r Resolution No. 08-96 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WATTMAN TRAINS and TRAMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Wattman Trains and Trams for purchase of electric recreational train,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 9, 2008 Adopted: April 9, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITY OF ELGIN AGREEMENT WITH WATTMAN TRAINS and TRAMS FOR PURCHASE OF ELECTRIC RECREATIONAL TRAIN THIS AGREEMENT is made and entered into this day of I '2008 by and between the City of Elgin( the CITY"), municipal corporation organized a6d existing under the laws ofthe State of Illinois,and Wattman Trains and Trams,a Canadian corporation,("the CONTRACTOR"). ARTICLE I. PURCHASE. The CONTRACTOR agrees to provide, and the City agrees to purchase,the goods and/or services provided for herein under the terms and conditions provided for herein and pursuant to Exhibit "A", attached hereto and made a part hereof. ARTICLE II. DURATION AND SCHEDULE. The CONTRACTOR shall provide the goods and/or services at the price provided for and subject to the warranty provided for in Exhibits"A"and B"attached hereto and incorporated herein,on or before May 15,2008. Payment by the City shall be made to CONTRACTOR upon delivery of goods. Total payment shall be made by wire transfer upon presentation of bill of lading, in Canadian currency. 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 terminate 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 LAWNENUE AND ORDINANCES. This Agreement shall be subject to and governed by the laws of the United States,the State of Illinois and the City of Elgin, 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 in the Circuit Court of Kane County, Illinois. ARTICLE VI. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, including but not limited to any violation of any law as provided for in Article XIV herein,the remainder of this Agreement shall remain in full force and effect. ARTICLE VII. 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 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,referral and selection of job applicants and prospective subcontractors. ARTICLE VIII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE IX. AMENDMENTS. There shall be no modification of the CONTRACT,except in writing and executed with the same formalities of the original. ARTICLE X. 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 XI. 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. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. ARTICLE XII. 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 XIII. 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 Iq 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. 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 XIV. 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 XV. 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 XVI. ENTIRE AGREEMENT. This Agreement embodies the whole agreement between the parties hereto. There are no other agreements,either oral or implied between the parties hereto;and this Agreement shall supersede any and all previous communications,representations,or agreements, either verbal or written, between the parties. ARTICLE XVII. INDEPENDENT CONTRACTOR. This Agreement shall not be construed so as to create a joint venture,partnership,employment or other agency relationship between the parties hereto. ARTICLE XVIII. TIME. Time is of the essence of this Agreement. ARTICLE XIX. DAMAGES. In the event of any breach of any of the terms of this Agreement by City,CONTRACTOR'S damages shall be limited to a maximum of the purchase price provided for herein, which shall be calculated on the basis of CONTRACTOR'S actual compensatory damages only. CONTRACTOR shall not be entitled to consequential,incidental or nominal damages for any reason. r 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 WATTMAN TRAINS AND TRAMS By �, -cam B AW ' i� SAf Name and Title Olufe i Folarin 14,'0,4,CC. -0-7T,'C4 City Manager 1'12 E S F:\Legal Dept\fonns\Bid Doc-Agreement Wattman Trains-Children's Train.doc lid Date February 22, 2008 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager -> SUBJECT: Electric Children's Train for Festival Park PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a contract with Wattman Trains and Trams for the purchase of an electric recreational train for family rides at Festival Park. RECOMMENDATION It is recommended that the City Council enter into a contract for the purchase of the Mini Express electric train from Wattman Trains and Trams in the amount of$59,730. BACKGROUND The Wattman Mini Express Train is an environmentally friendly, pollution-free, and quiet vehicle intended to provide children of all ages an additional element of fun at Festival Park. Powered by a silent 48-volt motor, this electric train is trackless and designed for riding through crowds at less than 4 mph. Comprised of a locomotive, coal car, two passenger cars and a caboose, this family ride provides a nostalgic look back to the golden age of train travel of the 19th century. The battery charges in eight hours and will provide 12-15 hours of continuous use before re-charging is necessary. At only 33" wide and 33' in length, the train holds up to 24 children and can handle tight turns at a radius of 10 feet. Because of its compact size, the Mini Express Train can be used for interior as well as exterior use, providing flexibility for uses at other City facilities in addition to Festival Park. Maintenance on the vehicle is minimal, requiring the replacement of batteries and minor upkeep, painting and repairs. Waltman recommends budgeting $500 per year for the first three years and $500 each subsequent year. These costs are based on the history of their original vehicles built in 1997,which are still running today. r Electric Children's Train for Festival Park February 22, 2008 Page 2 Operating similar to a golf cart, City staff can easily be trained to operate the vehicle. Two hours of practice will provide the familiarity for the conductor to drive with confidence. In other communities, retirees often are hired to operate the vehicle. While the train is being purchased as an additional entertainment amenity for Festival Park, depending on the fee charged, the train should be able to generate enough funds to pay for the capital investment, operating, and maintenance costs over time. The following estimate reflects a pay-back period of approximately four years, based on operating the train an average of 20 hours a week for the 14 week period between May 31 and August 31. Per hour income $1.00 per ride Ave. 18 children Ave. four rides $72.00 per hour (75%ca acit ) per hour Per hour cost 2 employees @ Ave.salary = $21.00 per hour $10.50 Difference $51.00 per hour 20 hours per 14 weeks in $14,280 annually x 4 years= $ 57,120 week summer= A small on-site vending machine dispensing ride tokens would also be purchased at a cost of approximately $1,500, relieving train staff from the responsibility of collecting and accounting for cash. Tokens could also be purchased at City Hall or the Centre for a discounted amount. In addition to a daily schedule of rides at Festival Park, the vehicle can be used at large special events, movies in the park, and other children's activities throughout the parks department, all of which can help offset operating and maintenance costs. Other options under consideration that could help offset the vehicle costs include: - renting for use at birthday parties at The Centre, Wing Park or Lords Park Aquatic Centers - renting to not-for-profits for use at events at Festival Park Delivery of the Wattman Mini Express will be available prior to the Memorial Day weekend. It is anticipated that the train could be stored at the Fulton Street Parking Garage. Wattman Trains and Trams appears to be the only source for the type of electronic trackless train suitable for Festival Park. As such, this purchase would qualify as a sole source procurement pursuant to Chapter 5.14 of the city's procurement ordinance. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None Electric Children's Train for Festival Park February 22, 2008 Page 3 FINANCIAL IMPACT The total cost of the train from Wattman-Trains and Trams is $59,730. There are sufficient funds budgeted ($167,050) and available ($167,050) in the South Grove TIF Fund, account number 260-0000-791.84-01, "Contingency" to purchase the train. A budget transfer will be required. Ongoing operation, maintenance and replacement costs will be offset should a nominal fee be charged. LEGAL IMPACT None ALTERNATIVES I. The City Council may choose to purchase the Wattman Mini-Express train for $59,730. 2. The City Council may choose not to purchase the Wattman Mini- Express train for $59,730. Respectfully submitted for Council consideration. CLM Attachments P�TmPc 040-3 T-- R WATTMAN - Trains &Trams T.(450)378-3333 ` 828,boul.Industriel 1-877-WATTMAN(928-8626) Granby,(Quebec) F.(450)378-3334 Canada 12J 1A4 Customer Order#: 5292 Date: March 26,2008 Sold To:CRy of Elgin Amended from 1/28/08 Contact: Cherie Murphy Tel: 847-931-5667 Address: 150,Dexter Cant Cel: Elgin,IL 60120 Fax: 847-931-5610 United states Email: murphy_c @cityofelgin.or IRS#(or Tax ID#) xxxxx xx All Pricing in Canadian currency 1 New Mini Express 48-volts,Production ID#W191-48 53,000.00$ 53,000.00$ Configured as follows: Locomotie:Red Metal/Yellow Trim Coal Car:Red Metal/Yellow Trim Passenger Wagon:Blue Passenger Wagon:Green Caboose:Red Options: 1 Sound in Motion audio package 1,500.00$ 1,500.00$ 1 Smoke machine 1,500.00$ 1,500.00$ 1 Audio to each wagon(includes amplifier) 1,400.00$ 1,400.00$ 1 Microphone 150.00$ 150.00$ 2 Advertising Frames 140.00$ 280.00$ Shipping 1 Ground Transportation to City of Elgin,IL 60120 2,180.00$ 2,180.00$ (Indudes 750$preparation and insurances) Ship To: Specific address TBD Projected Ship date: Week of April 21,2008 Payment Schedule: Per contract No deposit required. One single payment of 60,010.00$(CAD)via Wire Transfer upon presentation of Bill of Lading the day train ships Prepared by Michel Trottier,Director,International Sales Terms and Conditions of this order are those that prevail in contract duty singned by both parties To confirm this order: 1. Customer signature is required.Please sign and fax back to Waltman. TOTAL: 60,010.00$ 2. Customer must send deposit as specified in Payment Schedule. Projected Deposit: 0 Deposit is mandatory and non-refundable. Projected Balance: 60,010.00$ 3. Date of payment of balance is required as specified in Payment Schedule. Wattman accepts payments in Canadian or US currency.When payments are in US currency,Waltman will determine &communicate to customer the exchange rate for the specific day of wire transfer. Wire transfer instructions will be supplied to customer.Invoice will be sent upon full payment. This Agreement is deemed to have been signed in the Province of Quebec and the parties agree that this Agreement will be governed and interpreted by the laws of Quebec.In case ofany litigation,the parties elect as only judicial domicile the district of Montreal,Quebec,Canada. For any modification to this order,Wattman will incorporate the changes and generate an amended order which the customer must sign. ku-"A ® 1 August 2007 One Year Limited Warranty For the 48-Volts Mini Express Train Effective April 25, 2005, Wattman Trains & Trams, Inc (WATTMAN) hereby warrants to the Original Purchaser(Owner)that any of its vehicles shall be free from any material defect for a period of 90 DAYS while in the possession of such Original Retail Purchaser.This warranty IS NOT TRANSFERABLE to any subsequent buyer. The warranty period is extended to one year or one thousand(1,000)hours, which ever first occurs,on the electric motor, differential(parts that bathe in oil) and the electronic speed controller. WATTMAN makes no warranty or representation with respect to tires, batteries and charger, since their respective manufacturers cover such parts. WATTMAN makes no warranty or representation with respect to any item that,in WATTMAN's sole opinion,shows evidence of negligence,misuse,abuse,collision or alteration. This warranty shall not apply to normal maintenance requirements as described in the User Manual,and to damages during shipment. The latter is the carrier's responsibility. No compensation will be allowed for delays. It is the responsibility of the owner of the vehicle to make sure that the driver is properly trained and instructed in the safety features and operation of the vehicle. To initiate warranty coverage on any WATTMAN vehicle,the customer must communicate the problem to WATTMAN,which in turn,will determine and communicate the appropriate procedure to the customer. If the procedure requires on-site (customer location) servicing, WATTMAN will determine the authorized service center that will perform servicing. In the case where parts need to be sent to an authorized service center,all transport cost will be at the expense of WATTMAN. Operators shall read, understand and follow the safety operating instructions in WATTMAN's OPERATION AND MAINTENANCE MANUAL(this book)before driving and must always evaluate and care for all peculiar situations that he or she may meet while driving. The driver assumes the inherent hazards related to this activity and is responsible for any passenger on the train, just like for any other passenger carrying vehicle. Therefore,the driver MUST be at least 18 years of age. The vehicle is designed for off-road us only. WATTMAN disclaims any liability for incidental or consequential damages including, but not be limited to, personal injury or property damage arising from vehicle misuse,lack of maintenance or any defect in the vehicle. It is the responsibility of the Owner of the vehicle to make sure that the service technicians are properly trained. Service technicians shall read, understand and follow instructions in the WATTMAN manual before servicing the vehicle. Only qualified and authorized personnel shall be permitted to maintain,repair, adjust and inspect the vehicle. WATTMAN prohibits, and disclaims responsibility for, any vehicle modification altering the weight distribution and stability, increasing the speed or affecting the safety of the vehicle. Such modifications can cause serious personal injury or property damage for which WATTMAN disclaims any responsibility. For Owners that are located outside North America, the warranty period starts the date of shipment from the factory, and the defective parts must be returned at the Owner's expense to WATTMAN prior to warranty repair. 1 Mini-Express Operation Manual, 48V ©Wattman August 2007 G 1 .mss August 2007 One Year Limited Warranty For the 48-Volts Mini Express Train Effective April 25, 2005, Wattman Trains & Trams, Inc (WATTMAN) hereby warrants to the Original Purchaser(Owner) that any of its vehicles shall be free from any material defect for a period of 90 DAYS while in the possession of such Original Retail Purchaser. This warranty IS NOT TRANSFERABLE to any subsequent buyer. The warranty period is extended to one year or one thousand(1,000) hours,which ever first occurs,on the electric motor, differential(parts that bathe in oil) and the electronic speed controller. WATTMAN makes no warranty or representation with respect to tires, batteries and charger, since their respective manufacturers cover such parts. WATTMAN makes no warranty or representation with respect to any item that,in WATTMAN's sole opinion,shows evidence of negligence,misuse,abuse,collision or alteration. This warranty shall not apply to normal maintenance requirements as described in the User Manual,and to damages during shipment. The latter is the carrier's responsibility. No compensation will be allowed for delays. It is the responsibility of the owner of the vehicle to make sure that the driver is properly trained and instructed in the safety features and operation of the vehicle. To initiate warranty coverage on any WATTMAN vehicle,the customer must communicate the problem to WATTMAN,which in turn,will determine and communicate the appropriate procedure to the customer. If the procedure requires on-site (customer location) servicing, WATTMAN will determine the authorized service center that will perform servicing. In the case where parts need to be sent to an authorized service center,all transport cost will be at the expense of WATTMAN. Operators shall read, understand and follow the safety operating instructions in WATTMAN's OPERATION AND MAINTENANCE MANUAL(this book)before driving and must always evaluate and care for all peculiar situations that he or she may meet while driving. The driver assumes the inherent hazards related to this activity and is responsible for any passenger on the train, just like for any other passenger carrying vehicle. Therefore,the driver MUST be at least 18 years of age. The vehicle is designed for off-road us only. WATTMAN disclaims any liability for incidental or consequential damages including, but not be limited to, personal injury or property damage arising from vehicle misuse,lack of maintenance or any defect in the vehicle. It is the responsibility of the Owner of the vehicle to make sure that the service technicians are properly trained. Service technicians shall read, understand and follow instructions in the WATTMAN manual before servicing the vehicle. Only qualified and authorized personnel shall be permitted to maintain,repair, adjust and inspect the vehicle. WATTMAN prohibits, and disclaims responsibility for, any vehicle modification altering the weight distribution and stability, increasing the speed or affecting the safety of the vehicle. Such modifications can cause serious personal injury or property damage for which WATTMAN disclaims any responsibility. For Owners that are located outside North America, the warranty period starts the date of shipment from the factory, and the defective parts must be returned at the Owner's expense to WATTMAN prior to warranty repair. 1 Mini-Express Operation Manual, 48V ©Waltman August 2007 s The Mini-Express Specifications Sheet Locomotive: Width Length Height Weight 34.3 in 111 1/2 in 70.5 in 1500 lbs 87 cm 283 cm 179 cm 680.4 kg Battery pack: 8 Lead-Acid,Trojan T-105, 225 Ali @ 20 hrs. 25A output Charger : 120V, 60Hz, 15A for the Americas 230V, 50Hz 5.7A for others(the correct charger will be onboard) Autonomy : (Based on 50%Usage ratio): 20 hrs indoor; 15 hrs outdoor Recharge : 8 to 10 hours Max Speed : 3.8 mph(6.1 km/h) Tires : 4.80—8, Inflate front tires at 55 PSI(3.87 kg/cm2) Inflate rear tires at 75 PSI(5.27 kg/cm 2) Traction : Electric DC motor/SepEx/5HP Voltage : Total of 48 Volts(8 X 6 Volts) CC�A Wago, ns: Width: 321/2 in (82.6 cm) I Weight: Total of all 4 wagons: 1,035 lbs(470 kg) Length (Body):Passenger: 54 1/2 in (1.38 m);Coal: 44 in(1.12 m); Caboose: 60 in(1.52 m). Tires: 4.10—6 N H S, 55 PSI (3.87 kg/cm 2). Max load: 450 lb (204 kg)/ 1 wagon, 1800 lb(726 kg)/Total 4 wagons Overall: Length: 410 in(10.414 m) (Loco+coal car+2 passenger wagons+caboose) Weight: 2535 lbs— 1150 kg (Loco +coal car+ 2 passenger wagons+caboose) Capacity: Approximately 24 small children or approximately 18 adults and children Grade: Max 7% (loaded)or 4 degrees. U-Turn: U-turn capability: 18 ft(5.5 m),wall to wall