HomeMy WebLinkAboutNational Trench Safety -Steel Plates Water Service Replacements
To: Luke Stowe, City Manager
Edgar Cano, Public Works Agency Director
From: Darrell A. King, Water Production Bureau Chief
Subject: Steel Plates Purchase
Date: January 4, 2024
Recommended Action:
Staff recommends the City Manager approve the sole source purchase of steel road
plates from National Trench Safety (1906 E. Cass Street, Joliet, IL 60432) in the amount
of $20,712.50.
Funding Source:
Funding for this purchase is provided by the Water Fund account, 510.40.4540.65085,
which has a FY 2024 budget allocation of $83,500.00. This account has a YTD balance
of $83,500.00.
Summary:
The water distribution system consists of 156 miles of water main. The distribution
division manages the repair of Evanston’s water mains. This is to purchase steel road
plates for water service replacements that will work with the City’s road plate lifting
system. The lifting system is installed on all other road plates the Water Production
Bureau owns. These road plates are available from only one vendor, National Trench
Safety.
APPROVED:
____________________________ ___________________
Luke Stowe Date
City Manager
Memorandum
01 / 08 / 2024
Doc ID: 30c2d702df575112c5cea7701aba411d55f35a3e
____________________________ ___________________
Edgar Cano Date
Public Works Agency Director
Approved as to form:
Alexandra B. Ruggie
Interim Corporation Counsel
01 / 08 / 2024
Doc ID: 30c2d702df575112c5cea7701aba411d55f35a3e
Rev. 07/13/23
TERMS AND CONDITIONS OF AGREEMENT
1. RECEIPT AND CONDITION OF EQUIPMENT: Any individual signing the NATIONAL TRENCH SAFETY, INC. (NTS) agreement represents and warrants that they are
of legal age and have the authority to sign the Agreement on behalf of the Lessee. By acceptance of the Equipment described on the reverse side (“Equipment”), Lessee acknowledges
that the Equipment is in sound, safe, and serviceable condition and suitable for Lessee’s needs unless NTS is notified otherwise in writing within three (3) business days from time of
delivery. If Lessee is utilizing a towing vehicle, Lessee shall inspect all hitches, bolts, safety chains, hauling tongues, and any other devices or materials used to connect the Equipment
to Lessee’s towing vehicle, and NTS is not responsible for any damage to Lessee’s towing vehicle.
2. SERVICE; RETURN OF EQUIPMENT: Lessee shall perform and pay for all normal preventative maintenance, adjustments, and lubrication of Equipment. If Equipment fails to
operateproperly,Lesseeshallimmediately ceaseusingEquipment and notify NTS.Rental rates are fornormal and reasonableuse (upto 8hoursperday, 5daysperweek, and160hoursper
month) on a one-shift basis and may be increased proportionately for any greater usage. Lessee agrees to return the Equipment to NTS during normal business hours at the location from
which it was obtained promptly upon the termination of the rental agreement in as good condition as when received, less ordinary wear from normal use in the hands of a competent operator.
Within ten days of return of Equipment, NTS will inspect the Equipment and submit an invoice to Lessee for any damage or repair costs deemed appropriate by NTS to return the Equipment
to the working condition immediately prior to its use by Lessee. Lessee hereby agrees to promptly reimburse NTS for any damage and or repair costs when presented by NTS. If NTS has
agreed to deliver or pick up the leased Equipment, Lessee shall be responsible for all loss or damage to the Equipment from time of delivery until the Equipment is picked up by NTS.
3. TERMS OF RENTAL AND PAYMENT:This contract is made with and is payable to: NATIONAL TRENCH SAFETY, INC. at 260 N Sam Houston Pkwy E, Ste 200,
Houston, TX 77060. Payment is due upon receipt. If full payment is not received within ten days of written demand, NTS may terminate the rental agreement for default. Any portion
of any invoice not paid within thirty days of the date of invoice shall bear interest at the rate of one and a half percent per month or the maximum rate allowed by law, whichever is
less, until paid. Lessee shall pay rental charges without any offsets, deductions, or claims. Rental charges accrue from the time that the Equipment is delivered to the Lessee until the
Equipment is returned to NTS or NTS is notified by the Lessee by telephone or in writing that the Equipment is ready for pick up by NTS. Any “off-rent” not requested in writing will
not be valid without an off-rent number. Payments made by credit card will be subject to a credit card processing fee. Payments received may be applied to oldest outstanding invoices
unless a detailed remittance advice indicating otherwise is provided to NTS within 2 weeks of payment.
4. USE OF EQUIPMENT; COMPLIANCE WITH LAWS: Unless otherwise agreed in writing, Equipment shall be used solely in Lessee’s business and kept only at Lessee’s place
of business or on job sites shown on the reverse side hereof (the Job Location) and shall not be removed without prior written consent. Equipment shall be used only for the purposes
specified by the manufacturer, within its rated capacity, and by safe, careful, and competent personnel knowledgeable in the proper use and application of the Equipment. Lessee shall
make no alterations to the Equipment and shall not employ or use additional attachments, features, or devices on the Equipment without prior written consent of NTS. Lessee shall notify
NTS as soon as possible of any accident or occurrence, disablement, or failure involving the Equipment and properly furnish NTS in writing all information required by NTS. Lessee, at
its sole expense, shall comply with all federal, state, and local laws, rules, regulations, and ordinances which may affect or apply to the operations of the Lessee and the utilization of the
Equipment, including, without limitation, the Occupational Safety and Health Administration Act (OSHA). Lessee agrees to inspect Equipment daily and to promptly notify NTS if
Equipment needs repair or maintenance.
5. LOSS AND DAMAGE; INSURANCE: All loss of or damage to the Equipment while in Lessee’s possession, from any cause whatsoever, shall be the sole responsibility of Lessee, and
repair or replacement costs shall be paid to NTS promptly upon receipt of invoice. Upon termination of this Agreement, responsibility for the safekeeping of rental Equipment remains with
Lessee until the Equipment is in the actual physical possession of NTS. Rent shall continue to accrue on the Equipment until (a) the Equipment is returned to NTS in as good condition as
when received by Lessee, or (b) all replacement costs have been paid to NTS (even if an insurance claim has been filed and regardless of whether Lessee or NTS is entitled to coverage or
reimbursement from insurance). NTS shall not be required to negotiate or correspond with any insurance company providing coverage to Lessee. Lessee shall procure insurance covering the
Equipment on a replacement cost basis against all risks of physical damage or loss of use, including but not limited to fire, theft, comprehensive losses, collision and upset, Act of God, civil
disobedience or disorder, and the public enemy, in each case specifying NTS as loss payee. Lessee shall name NTS as an additional insured on its commercial general liability policy, with
limits of at least $1,000,000 per occurrence, which shall be primary and non-contributory as to NTS. Lessee’s policies shall be endorsed to providethat they shall not be rescinded, impaired,
or invalidated by any act or neglect of Lessee. Lessee hereby waives all rights of subrogation against NTS for any losses related to or arising out the Equipment and agrees to have its insurance
policies endorsed to provide a waiver of subrogation in favor of NTS, its affiliates, contractors, agents, or employees. Prior to shipment of the Equipment, Lessee shall provide NTS with
evidence of all such insurance in the form of a Certificate of Insurance or the actualpolicy or loss payee endorsement satisfactory to NTS.
6. INDEMNITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, LESSEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS NTS AND ITS
OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES FROM AND AGAINST ALL CLAIMS,
DAMAGES, COSTS, LOSSES, LIABILITIES, OBLIGATIONS, AND SUITS, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND EXPENSES
(COLLECTIVELY “CLAIMS”), FOR BODILY INJURY, DEATH, PROPERTY DAMAGE (INCLUDING LOSS OF USE), OR ECONOMIC LOSS ARISING OUT OF OR
RELATING TO THE USE OR POSSESSION OF THE EQUIPMENT BY LESSEE, EVEN IF THE BODILY INJURY, DEATH, PROPERTY DAMAGE OR ECONOMIC
LOSS IS CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY ANY NEGLIGENCE OF NTS (EXCEPTING SOLE OR GROSS NEGLIGENCE OF NTS) OR STRICT
LIABILITY OF NTS, ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, OR ANY OTHER PERSON.
7. TITLE: Title to rental Equipment is and will remain with NTS. In the event the Equipment is levied upon by marshal, sheriff, or constable by reason of exception, garnishment, or
attachment, or for any reason whatsoever, then in that event the Agreement immediately terminates. For rental Equipment, (a) Lessee shall not be deemed an agent or employee of NTS for
any purpose, (b) Lessee shall not permit any liens or encumbrances to attach to the Equipment and shall defend, indemnify, and hold NTS harmless from all loss, liability, and expense by
reason thereof, (c) all operation or use of the Equipment by Lessee or its employees or others by, through, or under Lessee, whether authorized or not by NTS, shall be at Lessee’s sole risk
andsubjecttotheAgreement,and (d)nothingherein contained shall give or conveytoLessee any right, title,or interestin orto any of the Equipment leased hereunderexcept inthe capacity
as Lessee. If this Agreement is a specified sale or conditional sale, title will transfer to buyer upon receipt of payment in full of all monies due, and Lessee authorizes NTS to file in the
appropriate jurisdiction(s) any UCC-1s or other financing statements to secure Lessee’s obligations hereunder.
8. DEFAULT. The following are Defaults under this Agreement: (a) Lessee fails to pay any invoices when due; (b) Lessee breaches any provision of this Agreement; (c) Lessee subleases
or relets the Equipment without prior written consent of NTS (d) Lessee becomes insolvent or the subject of a bankruptcy proceeding or has a receiver, trustee, or liquidator appointed for all
or a substantial part of their assets; (e) Lessee ceases doing business as a going concern; or (f) to the maximum extent allowed by applicable law, NTS deems itself insecure.
9. NTS’S REMEDIES ON LESSEE’S DEFAULT. In the event of a Default, NTS, in addition to and without prejudice to any other available remedies or rights, may exercise one or more
of the following remedies: (a) declare the entire amount of rent owed hereunder immediately due and payable; (b) sue for and recover all rents and other payments accrued or thereafter
accruing; (c) immediately terminate this Agreement by written notice to Lessee; (d) demand return of the Equipment within five (5) days; (e) retake the Equipment, in which case NTS is
hereby authorizedtogouponLessee’spropertyduringnormaloperatinghoursforsaidpurpose,andLesseeherebyexpresslywaivesalldamagesorloss,ifany,sufferedorcausedbyreasonofthe
retakingof the Equipment by NTS; (f) pursue any other remedy at law or in equity. Notwithstanding any termination, rent continues to accrueuntil return of the Equipment to NTS’s possession.
Additionally, Lessee shall be and remain liable for the full performance of all obligations on the part of Lessee to be performed under this Agreement. All remedies are cumulative and may
be exercised concurrently or separately.
10. LIMITATION OF LESSEE’S REMEDIES: NTS shall not be liable under any circumstances for lossof Lessee’s profits, loss of business, or any other damages, direct or indirect,
special, consequential, or otherwise caused by or resulting directly or indirectly from NTS’s failure to comply with the terms of this Agreement or resulting from any delay in delivery
or defect in the Equipment, and Lessee hereby releases NTS from such claims, EVEN IF SUCH LOSS IS CAUSED BY THE JOINT, COMPARATIVE, SOLE, OR GROSS
NEGLIGENCE OR STRICT LIABILITY OF NTS.
11. MISCELLANEOUS: All notices under this Agreement shall be in writing and delivered to NTS at its Corporate Headquarters and to Lessee at the “Bill To” address. This
Agreement shall be governed by the laws of the State of Texas, excluding its conflict of laws principles. The Parties agree that the exclusive jurisdiction and venue for any legal
proceeding arising out of or relating to this Agreement shall be the state and federal courts located in Houston, Harris County, Texas. The Parties hereby irrevocably waive any objection
to jurisdiction and venue and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. No right of NTS under this Agreement may be
waived or altered except by written instruments signed by a duly authorized officer of NTS. If any provision of this Agreement is determined to be unenforceable, such provision shall
be deemed modified only to the extent necessary to render the provision valid and enforceable while still maintaining the intent of the parties. The validity of any provision shall not
affect any other provision in this Agreement. In the event NTS should secure the services of an attorney to enforce this Agreement, Lessee agrees to pay reasonable and necessary attorney’s fees
and expenses incurred by NTS. This Instrument expresses the entire Agreement between the parties with respect to the Equipment and may not be changed orally.
NO RENTAL APPLIES TO PURCHASE UNLESS SPECIFIED IN WRITING.
Notwithstanding the foregoing, payment will be made in accordance with the terms of the Illinois Local Government Prompt Payment Act.
Illinois
Doc ID: 30c2d702df575112c5cea7701aba411d55f35a3e
SOLE/ SINGLE SOURCE JUSTIFICATION
(Requester completes Section A and B)
SECTION A – SOLE/SINGLE SOURCE PURCHASE:
Complete if sole/single source purchase is $2,500 or over, AND competition is not available.
Sole/Single Source approvals are valid one year from approval date, unless specified elsewhere.
PO No. (if applicable): Amount: | Date:
Supplies/Services Required (be specific):
Proposed Vendor Name and No:
_______________________________________
Requested by: (Name and Signature)
_________________________________________
Prepared by: (Name and Signature)
I certify that justification/ information is accurate and
c omplete to the best of my knowledge and that I have no
p ersonal interests relative to this request.
Dept. Name/ Ext:
Check One: The requested supply /service is a sole/single source procurement due to:
AVAILABILITY/ONE OF A KIND No competitive product exists or is available from another vendor.
COMPATIBILITY Must match existing piece or brand of equipment and is available from only one vendor.
REPLACEMENT/MAINTENANCE Repair or maintenance for specific brand of existing equipment and
is available from only original equipment manufacturer or designated service dealer.
O THER
Provide a full explanation/detail of above selection: complete descriptions, and relevant reasons to
support the justification:
SECTION B - REQUESTER CERTIFICATION: By submitting this request, I certify that the above
justification/information is accurate and complete to the best of my knowledge and that I have no
personal interests relative to this request.
___________________________________________________ ______________________________
(Name and Signature of Requester) (Date)
_________________________________________________ ______________________________
(Name and Signature of Department Director) (Date)
SECTION C - TO BE: COMPLETED BY PURCHASING MANAGER:
Based on the information provided in Section A and attached supporting documents,
I concur / do not concur (see below) with purchase to be a Sole Source.
Do not concur for the following reason(s):
(Name and Signature of Purchasing Manager or
Authorized Designee)
(Date)
$20,712.50 1/4/2024
Steel Road Plates Purchase
National Trench Safety
Darrell A. King Darrell A. King
Public Works/8212
X
The water distribution system consists of 156 miles of water main.
The distribution division manages the repair of Evanston's water mains.
This is to purchase steel road plates for water service replacements that will
work with the City's road plate lifting system. The lifting system is installed on
all other road plates owned by the water production bureau owns. These road
plates are available from only one vendor, national trench safety.
Darrell A. King 1/4/2024
01 / 08 / 2024
Doc ID: 30c2d702df575112c5cea7701aba411d55f35a3e
Purchase Agreement - National Trench Safety - Steel Plates...
Steel Plates.pdf, NTS T&C 7-13-23.pdf and 1 other
30c2d702df575112c5cea7701aba411d55f35a3e
MM / DD / YYYY
Signed
01 / 08 / 2024
09:25:49 UTC-6
Sent for signature to Edgar Cano (ecano@cityofevanston.org),
Alexandra Ruggie (aruggie@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.76
01 / 08 / 2024
09:43:51 UTC-6
Viewed by Edgar Cano (ecano@cityofevanston.org)
IP: 66.158.65.76
01 / 08 / 2024
09:44:47 UTC-6
Signed by Edgar Cano (ecano@cityofevanston.org)
IP: 66.158.65.76
01 / 08 / 2024
09:56:48 UTC-6
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.15.73.242
01 / 08 / 2024
09:56:59 UTC-6
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.15.73.242
01 / 08 / 2024
15:49:16 UTC-6
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
01 / 08 / 2024
15:49:51 UTC-6
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
The document has been completed.01 / 08 / 2024
15:49:51 UTC-6
Purchase Agreement - National Trench Safety - Steel Plates...
Steel Plates.pdf, NTS T&C 7-13-23.pdf and 1 other
30c2d702df575112c5cea7701aba411d55f35a3e
MM / DD / YYYY
Signed