HomeMy WebLinkAboutAltorfer inc-500 KW On-Demand Emergency Generator Rental
To: Luke Stowe, City Manager
Edgar Cano, Public Works Director
From: Darrell A. King, Water Production Bureau Chief
Subject: 500 KW On-Demand Emergency Generator Rental
Date: July 17, 2024
Recommended Action:
Staff recommends the City Manager approve the single source rental of the emergency
500 KW generator from Altorfer Inc. (635 W. Lake Street, Elmhurst, IL 60126) in the not
to exceed amount of $24,999.99.
Funding Source:
Funding in the amount of $24,999.99 will be from the Water Fund account number
510.40.4210.62245, which has a FY 2024 budget allocation of $198,000.00. This
account has a year-to-date balance of $86,149.38.
Background:
The Evanston Water Plant supports over 330 million gallons per day of pumping
capacity that is primarily driven from a 4160 Volt electrical system. A portion of the
switchgear that controls this system was installed in 1964. Two generators currently
provide backup power to the water plant electrical supply. These generators were
installed in 1985/1999 and are undersized to meet current demands. This critical
equipment is past its useful life and in need of replacement. On September 12, 2022,
the City Council approved the recommendation to retain Greeley and Hansen to provide
professional engineering services for the planning, design, and construction of the
Water Plant 4160V Electrical System Reliability Project. The project will include the
replacement of the standby electric generators, medium voltage (4160V) switchgear,
and other electrical components at the water plant. Greeley and Hansen have
completed the 100% design as of the date of this memorandum. The project letting is
scheduled to occur in summer/fall 2024. Staff have already been informed that the lead
time for the replacement generators that will be installed is 52 weeks. This lead time
already pushes the generator installation to at least the end of 2025 or sometime during
2026. This project is scheduled to be completed during 2027.
Memorandum
Doc ID: e402c1fb8048d072bc4c2559c288ab93fa08d6ae
After the generator failure that occurred at the water plant on August 17, 2023, staff
recommends establishing an on-demand generator rental agreement. Altorfer, provided
this service during 2023 and is very familiar with the plant’s emergency generator
connections and systems.
APPROVED BY:
___________________________ ___________________
Luke Stowe Date
City Manager
___________________________ ___________________
Edgar Cano Date
Public Works Director
07 / 17 / 2024
07 / 17 / 2024
Doc ID: e402c1fb8048d072bc4c2559c288ab93fa08d6ae
CITY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS
PBC# Project Title
Contract # Procurement Method (IFB, RFP, Small, etc):
Ref. # Publication Date: Award Code:
Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No
Funding Source Obligation #
Approval:
Signature Date/Printed Name
Phone ______________________________ E-mail _______________________
Revision 10/2011 Page 1
7. SUPPLEMENTAL PROVISIONS
In consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this Agreement to
be executed by their duly authorized representatives on the dates shown below.
VENDOR CITY OF EVANSTON
(Vendor Name) (Procuring Department Name) Public Works Agency
Signature Official Signature
Printed Name Printed Name Luke Stowe
Title Date Title City Manager Date
Address Designee Signature
Printed Name Darrell A. King
Phone Fax Title Water Production Bureau Chief
E-mail Address Evanston Water Utility, 555 Lincoln Street, Evanston, IL 60201
Altorfer Industries, Inc
Don O'Neill
Credit Manager July 15, 2024
301 S Mitchell Court
Addison, IL 60126
630 465 2837
don.oneill@altorfer.com
AGREEMENT
The Parties to this Agreement are the City of Evanston and Vendor. This Agreement, consisting of the signature page and numbered sections listed
below and any attachments referenced in this Agreement, constitutes the entire Agreement between the Parties concerning the subject matter of the
Agreement, and supersedes all prior proposals, Agreements and understandings between the Parties concerning the subject matter of the
Agreement. This Agreement can be signed in multiple counterparts and signature may be electronic or digital upon agreement of the Parties.
1.TERM AND TERMINATION
2.DESCRIPTION OF SUPPLIES AND SERVICES
3.PRICING
4.STANDARD BUSINESS TERMS AND CONDITIONS
5.STANDARD CERTIFICATIONS
6.DISCLOSURES AND CONFLICTS OF INTEREST
Approved as to form:
Alexandra B. Ruggie
Corporation Counsel
07 / 17 / 2024
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1. TERM AND TERMINATION
1.1 TERM OF THIS AGREEMENT: This Agreement has an initial term of July 12, 2024 – December 31, 2024. If a start date is not identified,
the term shall commence upon the last dated signature of the Parties.
Vendor shall not commence billable work in furtherance of the Agreement prior to final execution of the Agreement.
1.2 RENEWAL: Subject to the maximum total term as identified above, the City has the option to renew for the following term(s): NA
Pricing for the renewal term(s), or the formula for determining price is shown in the pricing section of this Agreement.
Any renewal is subject to the same terms and conditions as the original Agreement except as stated below in this subsection. The City may renew
this Agreement for any or all of the option periods specified; may exercise any of the renewal options early and may exercise more than one option at a time
based on continuing need and favorable market conditions when in the best interest of the City. The Agreement shall not renew automatically nor shall the
Agreement renew solely at Vendor’s option.
1.3 TERMINATION FOR CAUSE: The City may terminate this Agreement, in whole or in part, immediately upon notice to Vendor if: (a) the
City determines that the actions or inactions of Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy
to health, safety, or property, or (b) Vendor has notified the City that it is unable or unwilling to perform the Agreement.
If Vendor fails to perform to the City’s satisfaction any material requirement of this Agreement, is in violation of a material provision of this
Agreement, or the City determines that Vendor lacks the financial resources to perform the Agreement, the City shall provide written notice to Vendor
to cure the problem identified within the period of time specified in the City’s written notice. If not cured by that date, the City may either: (a)
immediately terminate the Agreement without additional written notice or (b) enforce the terms and conditions of the Agreement.
For termination due to any of the causes contained in this Section, the City retains its rights to seek any available legal or equitable remedies and
damages.
1.4 TERMINATION FOR CONVENIENCE: The City may, for its convenience and with 7 days prior written notice to Vendor, terminate this
Agreement in whole or in part and without payment of any penalty or incurring any further obligation to Vendor. Vendor shall be entitled to
compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this Agreement up to and
including the date of termination.
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2. DESCRIPTION OF SUPPLIES AND SERVICES
2.1 GOAL: To utilize the knowledge and expertise of Vendor, that is lacking in the Procuring Department’s staff, to obtain supplies and
services necessary to help meet the responsibilities of the Procuring Department.
2.2 SUPPLIES AND/OR SERVICES REQUIRED: On-Demand 500 KW Generator Rental Service.
2.3 MILESTONES AND DELIVERABLES: Vendor shall not perform services, provide supplies or incur expenses in amount exceeding the
amount shown in this Section, unless the City has authorized a higher amount in writing prior to Vendor performing the services, providing the
supplies, or incurring the expenses.
Not-to-exceed $24,999.99
2.4 VENDOR / STAFF SPECIFICATIONS: NA
2.5 ASSIGNMENT AND SUBCONTRACTING:
2.5.1 This Agreement may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the City.
2.5.2 For purposes of this section, subcontractors are those specifically hired to perform all or part of the work covered by the Agreement.
Will subcontractors be utilized? Yes No
2.5.3 Vendor shall describe below the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this
Agreement, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each
subcontractor is expected to receive pursuant to this Agreement. Vendor shall provide a copy of any subcontracts within 20 days of execution of this
Agreement for approval by the City. Vendor shall be responsible for the accuracy and quality of any subcontractor’s performance.
Subcontractor Name Amount to be paid
Address Description of work
Subcontractor Name Amount to be paid
Address Description of work
2.5.4 Vendor shall obtain approval from the City prior to hiring any additional or substitute subcontractors during the term of this Agreement.
Vendor may, upon request of the City, provide to the City a draft subcontractor agreement for review and approval prior to the execution of the
subcontract. Subontractor agreements shall provide that services to be performed under the subcon tracting agreement shall not be sublet, sold,
transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent.
2.5.5 All subcontracts must include the same certifications that Vendor must make as a condition of this Agreement.
2.6 TRANSPORTATION AND DELIVERY:
2.7 WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise specified in this section all services shall be performed in the United
States. If Vendor manufactures the supplies or performs the services purchased hereunder in another country in violation of this provision, such
action may be deemed by the City as a breach of the Agreement by Vendor. Vendor shall disclose the locations where the services required shall
be performed and the known or anticipated value of the services to be performed at each location. If Vendor received additional consideration in the
evaluation based on work being performed in the United States, it shall be a breach of contract if Vendor shifts any such work outside the United
States.
Location where services will be performed
Value of services performed at this location
Location where services will be performed
Value of services performed at this location
2.8 SCHEDULE OF WORK: Any work performed on City premises shall be done during the hours designated by the City and performed in a
manner that does not interfere with the City and its personnel.
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2.9 WARRANTIES FOR SUPPLIES AND SERVICES:
2.9.1 Vendor warrants that the supplies furnished under this Agreement will: (a) conform to the standards, specifications, drawing, samples or
descriptions furnished by the City or furnished by Vendor and agreed to by the City, including but not limited to all specifications attached as exhibits
hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing,
and fit and sufficient for the intended use; (c) comply with all federal and City laws, regulations and ordinances pertaining to the manufacturing,
packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and ; (e) not infringe any
patent, copyright or other intellectual property rights of any third party. Vendor agrees to reimburse the City for any losses, costs, damages or
expenses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the sup plies to meet such warranties.
2.9.2 Vendor shall insure that all manufacturers’ warranties are transferred to the City and shall provide a copy of the warranty. These
warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the City’s payment, acceptance, inspection or
failure to inspect the supplies.
2.9.3 Vendor warrants that all services will be performed to meet the requirements of the Agreement in an efficient and effective manner by
trained and competent personnel. Vendor shall monitor performances of each individual and shall reassign immediately any individual who is not
performing in accordance with the Agreement, who is disruptive or not respectful of others in the workplace, or who in any way violates the
Agreement or City policies.
2.10 REPORTING, STATUS AND MONITORING SPECIFICATIONS:
2.10.1 Vendor shall immediately notify the City of any event that may have a material impact on Vendor’s ability to perform the Agreement.
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3. PRICING
3.1 METHOD AND RATE OF COMPENSATION: The City will compensate Vendor for the initial term as follows:
Hourly
Monthly
Annually
Project $24,999.99
Item (show unit of measure and rate)
3.2 TYPE OF PRICING: Pricing under this Agreement is
Firm $24,999.99
Estimated
3.3 RENEWAL COMPENSATION: If this Agreement is renewed, the price shall be at the same rate as for the initial term unless a different
compensation or formula for determining the renewal compensation is stated in this section.
3.4 EXPENSES: Any expenses that Vendor may charge are shown in this section. The City will not compensate Vendor for expenses related
to travel, lodging or meal.
3.5 TAX: Vendor shall not bill for any taxes unless accompanied by proof the City is subject to the tax. If necessary, Vendor may request the
applicable City’s Illinois tax exemption number and federal tax exemption information.
3.6 INVOICING: Vendor shall invoice at the completion of the Agreement unless invoicing is tied in this Agreement to milestones,
deliverables, or other invoicing requirements agreed to in this Agreement.
Send invoices to Evanston Water Utility, 555 Lincoln Street, Evanston, IL 60201.
3.7 PAYMENT TERMS AND CONDITIONS:
3.7.1 By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of the Agreement, and the amount
billed and expenses incurred are as allowed in the Agreement. Invoices for supplies purchased, services performed and expenses incurred through
December 31 of any year must be submitted to the City no later than January 31 of the next subsequent year.
3.7.2 Payments, including late payment charges, will be paid in accordance with all applicable laws and rules of the City of Evanston and the
State of Illinois. Remedies provided for therein shall be Vendor’s sole remedy for late payments by the City. Payment terms contained on Vendor’s
invoices shall have no force and effect.
3.7.3 The City will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this
Agreement by the Parties even if the effective date of the Agreement is prior to execution.
3.7.4 As a condition of receiving payment Vendor must (i) be in compliance with the Agreement, (ii) pay its employees prevailing wages when
required by law (Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services,
site technician services, natural resource services, security guard and food services). Vendor is responsible for contacting the Illinois Dept. of Labor
217-782-6206; http://www.state.il.us/Department/idol/index.htm to ensure compliance with prevailing wage requirements), (iii) pay its suppliers and
subcontractors according to the terms of their respective contracts , and (iv) provide lien waivers to the City upon request.
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4. STANDARD BUSINESS TERMS AND CONDITIONS
4.1 AVAILABILITY OF APPROPRIATION: This Agreement is contingent upon and subject to the availability of funds. The City, at its sole
option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if a reduction in funding is
necessary or advisable based upon actual or projected budgetary considerations. Vendor will be notified in writing of the failure of appropriation or of
a reduction or decrease.
4.2 AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of the
Agreement or subcontract and necessary to support amounts charged to the City under the Agreement or subcontract. Books and records, including
information stored in databases or other computer systems, shall be maintained by Vendor for a period of three years from the later of the date of
final payment under the Agreement or completion of the Agreement, and by the subcontractor for a period of three years from the later of final
payment under the term or completion of the subcontract. If federal funds are used to pay contract costs, Vendor and its subcontractors must retain
its records for five years. Books and records required to be maintained under this section shall be available for review or audit by representatives of
the City upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any
investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of
the City for the recovery of any funds paid by the City under the Agreement for which adequate books and records are not available to support the
purported disbursement. Vendor or subcontractors shall not impose a charge upon the City for audit or examination of Vendor’s books and records.
4.3 TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this Agreement. Vendor shall continue to
perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City.
4.4 NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that
Party’s right to exercise or enforce that or other rights in the future.
4.5 FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its
reasonable control and not due to its negligence including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental
prohibition. The non-declaring Party may cancel the Agreement without penalty if performance does not resume within 30 days of the declaration.
4.6 CONFIDENTIAL INFORMATION/FOIA: Each Party, including its agents and subcontractors, to this Agreement may have or gain access
to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this Agreement.
Vendor shall presume all information received from the City or to which it gains access pursuant to this Agreement is confidential. Vendor
information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/7
et. seq., shall be considered public. No confidential data collected, maintained, or used in the course of performance of the Agreement shall be
disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of the Agreement or
thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the per formance of the
Agreement, in whatever form it is maintained, promptly at the end of the Agreement, or earlier at the request of the disclosing Party, or notify the
disclosing Party in writing of its destruction. Upon notification by the City that it has received a Freedom of Information Act request that calls for
records within the Vendor’s control, the Vendor shall promptly provide all requested records to the City so that the City may comply with the request
within the limited statutory timeframes required by FOIA. Vendor shall indemnify and defend the City from and against all claims arising from the
City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or
a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court wit h jurisdiction over
the City, shall not be a violation of this Section.
4.7 USE AND OWNERSHIP: All work performed or supplies created by Vendor under this Agreement, whether written documents or data,
goods or deliverables of any kind, shall be deemed work-for-hire under copyright law and all intellectual property and other laws, and the City is
granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the City all right, title, and
interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work
including any so-called "moral rights" in connection with the work. Vendor acknowledges the City may use the work product for any purpose.
Confidential data or information contained in such work shall be subject to confidentiality provisions of this Agreement.
4.8 INDEMNIFICATION AND LIABILITY: Vendor shall defend, indemnify and hold harmless the City and its officers, elected and appointed
officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any
kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any
negligent or willful act or omission on the part of Vendor or Vendor’s subcontractors, employees, agents or subcontractors during the performance of
this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provi ded. This provision
shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its
officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits
brought against them. Vendor shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing
herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois
Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq.
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At the City Corporation Counsel’s option, Vendor must defend all suits brought upon all such Losses and must pay all costs and expenses
incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, w ithout relieving Vendor of any of
its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Vendor must be made only with the prior written
consent of the City Corporation Counsel, if the settlement requires any action on the part of the City.
To the extent permissible by law, Vendor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums
due under any Losses, including any claim by any employee of Vendor that may be subject to the Illinois Workers Compensation Act, 820 ILCS
305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991).
The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, t he Illinois Pension Code
or any other statute. Vendor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from
or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subcontractors’ work. Acceptance of the work by the
City will not relieve Vendor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for lo ss
or damage resulting therefrom. All provisions of this Section 4.8 shall survive completion, expiration, or termination of this Agreement.
4.9 INSURANCE: Vendor shall, at its own expense, secure and maintain in effect throughout the duration of this contract, insurance against
claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services and work
hereunder by Vendor, its agents, representatives, employees or subcontractors. Vendor acknowledges and agrees that if it fails to comply with all
requirements of this Section 4.9, the City may void this Agreement. Vendor must give to the City Certificates of Insurance identifying the City to be
an additional insured for the services required pursuant to the Agreement before City staff recommends award of the contract to City Council. Any
limitiations or modifications on the Certificate of Insurance issued to the City in compliance with this Section that conflic t with the provisions of this
Section 4.9 shall have no force and effect.
If requested, Vendor shall give the City a certified copy(ies) of the insurance policy(ies) evidencing the amounts set forth in this Section.
The policies must be delivered to the City within two (2) weeks of the request. All insurance policies shall be written with insurance companies
licensed or authorized to do business in the State of Illinois and having a rating of not less than A-VII according to the A.M. Best Company. Should
any of the insurance policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the City. Vendor
shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and
defense expenses. Vendor shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability
insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages ca used or contributed
to by Vendor, and insuring Vendor against claims which may arise out of or result from vendor’s performance or failure to perform hereunder:
a) Worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least five hundred thousand
dollars ($500,000);
b) Comprehensive general liability coverage which designates the City as an additional insured for not less than one million dollars
($1,000,000) combined single limit for bodily injury, death and property damage, per occurrence;
c) Comprehensive automobile liability insurance covering owned, non-owned, and leased vehicles for not less than one million
dollars ($1,000,000) combined single limit for bodily injury, death, or property damage, per occurrence; and
d) Errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the am ount
of at least one million dollars ($1,000,000).
Vendor’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled o r reduced
without thirty (30) days prior written notice (hand delivered or registered mail) to the City. Vendor shall promptly forward new certificate(s) of
insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies.
Vendor understands that the acceptance of Certificates of Insurance, policies, and any other documents by the City in no way releases
Vendor and its subcontractors from the requirements set forth herein.
Vendor expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial gener al liability
insurance policy as respects the City. In the event Vendor fails to purchase or procure insurance as required above, the parties expressly agree that
Vendor shall be in default under this Agreement, and that the City may recover all losses, at torney’s fees and costs expended in pursuing a remedy,
or reimbursement, at law or in equity, against Vendor.
4.10 INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with
the City. All payments by the City shall be made on that basis.
4.11 SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the City during the term of this Agreement to
perform any work under this Agreement. Vendor shall give notice immediately to the City if Vendor solicits or intends to solicit City employees to perform
any work under this Agreement.
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4.12 COMPLIANCE WITH THE LAW: Vendor, its employees, agents, and subcontractors shall comply with all applicable federal, state, and
local laws, rules, ordinances, regulations, orders, federal circulars and all license and permit requirements in the performance of th is Agreement.
Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all
licenses and permissions necessary for the performance of this Agreement.
4.13 BACKGROUND CHECK: Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its expense,
criminal and driver history background checks of Vendor’s and subcontractors officers, employees or agents. Vendor or subcontractor shall reassign
immediately any such individual who, in the opinion of the City, does not pass the background check.
4.14 APPLICABLE LAW/VENUE: This Agreement shall be construed in accordance with and is subject to the laws and rules of the City of Evanston and
the State of Illinois. The Department of Human Rights’ Equal Opportunity requirements (44 Ill. Adm. Code 750) are incorporated by reference. The City shall
not enter into binding arbitration to resolve any dispute related to this Agreement . The City does not waive tort immunity by entering into this
Agreement. In compliance with the Illinois and federal Constitutions, the Illinois Human Rights Act, the U. S. Civil Rights Act, and Section 504 of the federal
Rehabilitation Act and other applicable laws and rules, the City does not unlawfully discriminate in employment, contracts, or any other activity.
Venue for any action out of or due to this Agreement shall be in Cook County, Illinois.
4.15 ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under antitrust laws relating to the
subject matter of the Agreement, then upon request of the City’s Corporation Counsel, Vendor shall assign to the City rights, title and interest in and to
the claim or cause of action.
4.16 CONTRACTUAL AUTHORITY: The Department that signs for the City shall be the only City entity responsible for performance and
payment under the Agreement. When the City’s authorized designee signs in addition to an Department, they do so as approving officer and shall
have no liability to Vendor.
4.17 NOTICES: Notices and other communications provided for herein shall be given in writing by registered or certified mail, return receipt
requested, by receipted hand delivery, by courier (UPS, Federal Express or other similar and reliable carrier), by e -mail, or by fax showing the date
and time of successful receipt. Notices shall be sent to the individuals who signed the Agreement using the contact information following the
signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, ei ther Party may change
the contact information.
4.18 MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of
the Parties. Any provision of this Agreement officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions
shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature would be expected to survive, shall survive
termination. In the event of a conflict between the City’s and Vendor’s terms, conditions and attachments, the City’s terms, conditions and attachments
shall prevail.
4.19 PERFORMANCE RECORD / SUSPENSION: Upon request of the City, Vendor shall meet to discuss performance or provide contract
performance updates to help ensure proper performance of the Agreement. The City may consider Vendor’s performance under this Agreement and
compliance with law and rule to determine whether to continue the Agreement, suspend Vendor from doing future business with the City for a
specified period of time, or to determine whether Vendor can be considered responsible on specific future contract opportunities.
4.20 FREEDOM OF INFORMATION ACT: This Agreement and all related public records maintained by, provided to or required to be provided
to the City are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this Agreement.
4.21 SUCCESSORS AND ASSIGNS: The City and Vendor each bind themselves and their partners, successors, executors, administrators,
and assigns to the other party of the Agreement and to the partners, successors, executors, administrators, and assigns of su ch other party in
respect to all covenants of this Agreement. Neither the City nor Vendor shall assign, sublet, or transfer its interest in this Agreement without the
written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body,
which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the City and Vendor.
4.22 NON-WAIVER OF RIGHTS: No failure of either party to exercise any power given to it hereunder or to insist upon strict compliance by the
other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor a ny payment under this
Agreement shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.
4.23 SEVERABILITY: Except as otherwise provided herein, the invalidity or unenforceability of any particular provision, or part thereof, of this
Agreement shall not affect the other provisions, and this Agreement shall continue i n all respects as if such invalid or unenforceable provision had
not been contained herein.
4.24 COUNTERPARTS: For convenience, this Agreement may be executed in any number of counterparts, each of which shall be deemed to
be an original.
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Page 8
4.25 SAVINGS CLAUSE: If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a
court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portion s of this Agreement shall
remain in full force and effect.
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5. STANDARD CERTIFICATIONS
Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the Agreement and any renewals is a
material requirement and condition of this Agreement. By executing this Agreement, Vendor certifies compliance with this section and each
subsection and is under a continuing obligation to remain in compliance and report any non-compliance.
This section, and each subsection, applies to subcontractors used on this Agreement. Vendor shall include these Standard Certifications in any
subcontract used in the performance of the Agreement.
If this Agreement extends over multiple fiscal years including the initial term and all renewals, Vendor and its subcontractors shall confirm
compliance with this section in the manner and format determined by the City by the date specified by the City and in no event later than January 1
of each year that this Agreement remains in effect.
If the Parties determine that any certification in this section is not applicable to this Agreement, it may be stricken without affecting the remaining
subsections.
5.1 As part of each certification, Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information, or fail to
be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply:
• the Agreement may be void by operation of law,
• the City may void the Agreement, and
• Vendor and it subcontractors may be subject to one or more of the following: suspension, debarment, denial of payment, civil fine, or
criminal penalty.
Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or
preclude application of sanctions not specifically identified.
5.2 Vendor certifies it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation
Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable rules in performance under this Agreement.
5.3 Vendor certifies it is a properly formed and existing legal entity (30 ILCS 500/1.15.80, 20-43); and as applicable has obtained an assumed
name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of
State.
5.4 If Vendor, or any officer, director, partner, or other managerial agent of Vendor, has been convicted of a felony under the Sarbanes-Oxley Act
of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Vendor certifies at least five years have passed since the date of the
conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the City shall declare the Agreement void if
this certification is false (30 ILCS 500/50-10.5).
5.5 Vendor certifies that it and its affiliates are not delinquent in the payment of any fees, fines, damages, or debts to the City.
5.6 In accordance with the Steel Products Procurement Act, Vendor certifies steel products used or supplied in the performance of a contract
for public works shall be manufactured or produced in the United States, unless the head of the procuring Department grants an exception (30 ILCS
565).
5.7 Vendor certifies it has not been convicted of bid rigging or bid rotating or any similar offense , nor has Vendor made an admission of guilt of
such conduct that is a matter of record (720 ILCS 5/33 E-3, E-4).
5.8 Vendor certifies it complies with the Section 1-12-5 of the City of Evanston Code and the Illinois Department of Human Rights Act and
rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual
harassment policies (775 ILCS 5/2-105).
5.9 Vendor certifies that it shall employ only persons duly licensed by the State of Illinois to perform professional services under this
Agreement for which applicable Illinois law requires a license, subject to prior approval of the City.
5.10 Vendor certifies that if more favorable terms are granted by Vendor to any similar governmental entity in any state in a cont emporaneous
agreement let under under the same or similar financial terms and circumstances for comparable goods or services, the more favor able terms shall
be applicable under this Agreement.
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6.0 DISCLOSURES AND CONFLICTS OF INTEREST
Section 1: Conflict of Interest Prohibited
Vendor shall not have any public or private interest and shall not ac quire directly or indirectly any such interest which conflicts in any manner with its
performance under this Agreement.
Section 2: Debarment/Legal Proceeding Disclosure (All Vendors must complete this section).
Vendor must identify any of the following that occurred for it or any if its officers or directors within the previous 10 years:
Debarment from contracting with any governmental entity Yes No
Professional licensure discipline Yes No
Bankruptcies Yes No
Adverse civil judgments and administrative findings Yes No
Criminal felony convictions Yes No
If any of the above is checked yes, please identify with descriptive information the nature of the debarment and legal procee ding. The City reserves
the right to request more information, should the information need further clarification.
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7. SUPPLEMENTAL PROVISIONS
7.1 City Supplemental Provisions
Definitions
Required Federal Clauses, Certifications and Assurances
ARRA Requirements (American Recovery and Reinvestment Act of 2009)
Prevailing Wage (820 ILCS 130/1 et seq.)
M/W/EBE Subcontracting Requirements
Other (describe)
7.2 Vendor Supplemental Provisions
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Page 12
TAXPAYER IDENTIFICATION NUMBER
I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by t he Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or d ividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. person (including a U.S. resident alien).
• If you are an individual, enter your name and SSN as it appears on your Social Security Card.
• If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and
the owner’s SSN or EIN.
• If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name
on the name line and the d/b/a on the business name line and enter the owner’s SSN or EIN.
• If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach
IRS acceptance letter (CP261 or CP277).
• For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN.
Name:
Business Name:
Taxpayer Identification Number:
Social Security Number
or
Employer Identification Number
Legal Status (check one):
Individual Governmental
Sole Proprietor Nonresident alien
Partnership ECity or trust
Legal Services Corporation Pharmacy (Non-Corp.)
Tax-exempt Pharmacy/Funeral Home/Cemetery (Corp.)
Corporation providing or billing Limited Liability Company (select applicable tax classification)
medical and/or health care services D = disregarded entity
C = corporation
Corporation NOT providing or billing P = partnership
medical and/or health care services
Signature: Date:
Doc ID: e402c1fb8048d072bc4c2559c288ab93fa08d6ae
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:
Proposed Vendor Name and No:
_______________________________________
Requested by: (Name and Signature)
_________________________________________
Prepared by: (Name and Signature)
I certify that justification/ information is accurate and
complete to the best of my knowledge and that I have no
personal 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 servic e dealer.
OTHER
(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)
$24,999.99
Altorfer Inc.
Darrell A. King Darrell A. King
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)
__Luke Stowe_______________________________________ ______________________________
Supplies/Services Required (be specific): On-demand generator rental service
Provide a full explanation/detail of above selection: complete descriptions, and relevant reasons to
support the justification: Altorfer provided on-demand generator rental service during 2023 and is
very familiar with the electrical connections and systems at the water plant.
7/17/2024___________________
(Date)
Darrell A. King
7/17/2024
07 / 17 / 2024
Doc ID: e402c1fb8048d072bc4c2559c288ab93fa08d6ae
Quote C15623
Ryan Pellack
Sales Rep:
Written By:
RYAN PELLACK (C-4-049)
EVANSTON, IL 60201
Date Out:
Est. Date In:
Customer:
CITY OF EVANSTON/FLEET
FLEET SERVICES
2020 ASBURY ST
EVANSTON, IL 60201
1302000
Order By:BILL THOMAS
CITY OF EVANSTON WATER PLANT
555 LINCOLN STREET
Phone:
PO #:
8474488225
07/26/2024 Fri 08:00 AM
08/02/2024 Fri 08:00 AM
Jobsite:500KW GENERATOR
BILL THOMASContact:
Rental Quote
Signed By:
Delivery Date:07/26/2024 Fri 08:00 AM
Bill to:
Phone:630-280-7305
Quote Exp.
Date:
2024-08-25-00.00.00.000000
ALTORFER POWER RENTAL, 301 S. MITCHELL CT. A
DESCRIPTIONQTY TOTALSWEEKDAY4WEEK
Rental Items
500KW GENERATORS ~ 3720116 $3 033$1 0111 $9 100Single Shift $3 033.00
Rating: 650 KVA
Voltage: 277/480, 3 phase
Frequency: 60hZ
Fuel Capacity: 660L
Fuel Consumption: 26.4gl/hr @75% LF
ID:4/0CL50 SERIAL:4/0CL504/0 CAMLOK CABLE 5 $33$119 $100 $297.00
ID:FMCTAILS SERIAL:FMCTAILSFEMALE CAMLOK TA $5$29 $15 $45.00
ID:MCLTAIL SERIAL:MCLTAILMALE CAMLOK TAILS $5$29 $15 $45.00
Miscellaneous Items
ENVIRO. FEE 68.402.00 %1
DELIVERY CHARGE 700.00700.00 each1
PICKUP CHARGE 700.00700.00 each1
4,888.40Quote Total:
By accepting delivery of rented items, customer agrees to all terms and conditions shown on both the front and back of this rental agreement. Customer assumes full
responsibility for all rented items, including their safe and proper use, operation, routine maintenance, storage, transportation and return to Altorfer. Customer is
responsible for all fuel (including DEF), loss, damage, or repair including tires and missing keys. WARRANTY DISCLAIMER: ALTORFER MAKES NO
WANRRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTTICULAR PURPOSE, OR ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED. Customer
acknowledges that the equipment being rented is of the type, size, design, and capacity selected solely by the customer as suitable for its purpose. In no event shall
Altorfer be liable for incidental, special or consequential damages of any nature. The terms and conditions on the rental agreement form is the sole agreement
between customer and Altorfer. Customer agrees to indemnify Altorfer and to the waiver of claims as indicated on the back side of this agreement.
Customer Signature Date
https://www.altorfer.com/
IF YOU EXPERIENCE PROBLEMS WITH THE EQUIPMENT, STOP USING IT -
CALL ALTORFER IMMEDIATELY!
ALTORFER RENTS:
Printed on Wednesday, July 17, 2024 11:06:39 AM by RPELLACK of1Page 2Printed on Wednesday, July 17, 2024 11:06:39 AM by RPELLACK of1Page 2C15623Page1of4
Doc ID: e402c1fb8048d072bc4c2559c288ab93fa08d6ae
Generator
Equipment Shift Allowance•
Standby usage allows up to 5 hours of runtime per month. Otherwise minimum of single shift•
rates listed below to apply.
Single shift usage allows 40 hours per week & 160 hours per month.
Double shift usage allows 41 to 80 hours per week & 161 to 320 per month
Triple shift usage allows unlimited hours.
Standby shift rates are 60% of the single shift rates.
Double shift rates are 1.5 times the quoted single shift rates.
Triple shift rates are 2 times the single shift rates.
If requested, additional labor will be $120 per hour, based on normal 7:00 a.m. - 3:30 p.m. .•
workdays. Please inquire about labor costs for times other than listed above. All after hours
callouts will be subject to a four (4) hour minimum charge at the applicable overtime rate.
Power generation equipment will be shipped under the following provisions:•
~Generators 600kw & below will be shipped three quarters (3/4) full of #2 diesel fuel. Any
fuel not returned will be charged at 20% over our actual refueling cost.
~Generators larger than 600kw are shipped with 200 gallons of fuel to comply with pertinent
transportation regulations. Customer is responsible for defueling to less than 200 gallons
upon return of equipment.
Fuel can be coordinated by Altorfer Power as an additional service.
C15623 Page2of4
Doc ID: e402c1fb8048d072bc4c2559c288ab93fa08d6ae
POWER SYSTEMS TERMS & CONDITIONS OF RENTAL
In consideration of the renting by the Power Systems Division of Altorfer CAT named on the face hereof (PSD) of that certain EQUIPMENT
described on the face hereof (“EQUIPMENT”) to the lessee named on the face hereof (“CUSTOMER”), for the term described herein, upon
the terms and conditions herein set forth and for the price specified herein, the CUSTOMER and PSD agree as follows:
1. This Agreement is solely for the purpose of creating a rental transaction which allows CUSTOMER to use the EQUIPMENT as permitted by
the Agreement. Title to said EQUIPMENT shall remain vested in PSD and CUSTOMER shall have no right to assign, transfer, hypothecate, or
cause any liens, or encumbrances to attach to the equipment or any interest therein nor part with possession of nor sublet EQUIPMENT or
any part thereof, without the prior written consent of PSD, and CUSTOMER will defend, indemnify and hold PSD harmless from all loss,
liability and expenses including attorney’s fees by reason thereof. No waivers, counter claims, or offsets of any kind or nature shall be set up
or urged against PSD without the prior written consent of PSD. This Agreement shall be binding upon and inure to the benefit of the heirs,
executors, administrators, successors and assigns of CUSTOMER and PSD. No option to purchase said EQUIPMENT attaches to this
Agreement. Any option must be in writing and signed by a manager of PSD.
2. CUSTOMER will pay PSD on demand at PSD’s facilities designated on the front of this Agreement, all rental, transportation, sales and use
tax or tax reimbursement imposed with respect to the EQUIPMENT and other charges and sums, as provided for in this Agreement, including
reasonable attorney’s fees incurred in enforcement of this Agreement or for collection of any sums due. Any individual signing this
Agreement for the CUSTOMER shall thereby make said CUSTOMER liable for full payment of all rental services and any other costs that
might be incurred until such time as the EQUIPMENT is returned to PSD. If the CUSTOMER fails to pay any invoice to PSD in accordance with
the terms of such invoice, the CUSTOMER will be obligated to pay a service charge of the lesser of (i) 2% per month (24% per annum), or (ii)
the maximum lawful rate, on the delinquent balance. All applicable sales tax for the term of the contract stated on the front of this
agreement will be due with the first month’s payment. This agreement will automatically renew for the term above if not returned at end of
term or terminated by customer.
3. CUSTOMER represents and warrants that he shall not allow any person who is not qualified to operate the EQUIPMENT, or use the
EQUIPMENT. CUSTOMER shall not make any changes, alterations or modifications to the EQUIPMENT, other than as required to comply with
CUSTOMER’S maintenance obligations hereunder. The EQUIPMENT shall not be used in violation of any statute, regulation or ordinance, and
shall be used only in connection with CUSTOMER’S business. PSD makes no representation or warranty that the EQUIPMENT meets the
requirements of any statute, regulation or ordinance.
4. PSD shall not, in any case or under any circumstances, be liable or responsible for any damage to property or injury to persons or death
suffered or sustained in the use, operation and or handling of EQUIPMENT covered by this Agreement or otherwise in connection therewith,
no matter how caused or occasioned. CUSTOMER assumes all risk and liability for and in connection with the EQUIPMENT covered by and
during the terms of this Agreement or any holdover period, and customer indemnifies and holds PSD harmless from all claims, lawsuits, loss,
injuries (including death), liability and expenses, including attorney’s fees, by reason of CUSTOMER’S use, operation, transportation and/or
handling of EQUIPMENT, excepting any loss due to the gross negligence or intentional misconduct of PSD. CUSTOMER has been given and
understands operating and safety instructions.
5. CUSTOMER acknowledges the receipt in good order and condition of said EQUIPMENT only within its rated capability. It is the
CUSTOMER’S responsibility to fuel, add and change oil and filters, lubricate, make minor adjustments and perform other maintenance in
accordance with manufacturer’s recommendations.
6. CUSTOMER agrees to pay all the transportation charges on EQUIPMENT.
7. Customer warrants and represents that the EQUIPMENT shall not be exposed to any hazardous, toxic or chemically reactive material while
in possession and use by the CUSTOMER except for those hazardous materials incorporated into the EQUIPMENT itself. At the expiration or
sooner termination of this Agreement, or upon PSD’s prior demand, CUSTOMER promises to return all EQUIPMENT to PSD’s premises, in the
same good, clean and uncontaminated condition as when delivered to the CUSTOMER, subject only to reasonable wear.
8. If the EQUIPMENT is returned in a damaged or excessively worn condition, CUSTOMER shall pay PSD the reasonable costs of restoration.
In the case of loss or destruction of said EQUIPMENT, or any of the accessories, or the loss of possession thereof, or inability to return same
to PSD, CUSTOMER agrees to reimburse PSD to the full extent of the current retail replacement value.
9. Any CUSTOMER not providing proof of insurance will be charged Loss & Damage Waiver equal to 14% of the gross rental amount. If the
equipment is used in compliance with this Agreement and if the CUSTOMER pays the Loss & Damage Waiver (LDW), which is not insurance,
then PSD agrees to waive to the extent specified herein and in the Loss and Damage Waiver Guide provided herewith, CUSTOMER’S
responsibility to PSD for the loss or damage of EQUIPMENT. If CUSTOMER does not purchase such Loss & Damage Waiver from PSD as
indicated on the face of this Agreement, CUSTOMER agrees to provide at its expense instantaneous and continuous all risk insurance with
loss payable to PSD in an amount not less than the EQUIPMENT’S value on all rental EQUIPMENT while in CUSTOMER’S possession and until
returned to PSD’s custody. CUSTOMER agrees to provide PSD with a certificate of insurance giving evidence of commercial general liability,
automobile liability, worker’s compensation, and contractor’s EQUIPMENT coverage in such limits satisfactory to PSD and having at least
thirty days written notice of cancellation to PSD. A deductible fee equal to 10% of the stated value of the equipment rented will apply to any
repairs made under the terms of the LDW.
10. In the event of any failure of the EQUIPMENT of any nature whatsoever, CUSTOMER shall immediately return it to PSD’s premises.
CUSTOMER shall not incur any expenses on PSD’s account for the repair of any EQUPMENT without PSD’s prior written authorization. PSD
shall not be responsible to CUSTOMER for any loss, damage, or injury to CUSTOMER or any other party, caused by, resulting from or in any
way connected with the failure of the EQUIPMENT, non-performance of the EQUIPMENT, or delay in delivery, or other delay, or any defect
in the EQUIPMENT, or from any other cause whatsoever, and all such claims are hereby specifically waived by CUSTOMER. In no event shall
PSD be responsible for special, incidental or consequential damages whatsoever or howsoever caused including but not limited to, loss of
use, business interruption or any other economic loss, whether in contract, negligence of any other theory of liability.
11. In the event of the loss or theft of or damage to the EQUIPMENT, CUSTOMER hereby agrees to notify PSD immediately by telephone and
thereafter immediately report in writing to PSD and the appropriate public authorities all relevant information concerning such loss, theft or
damage to the EQUIPMENT.
C15623 Page3of4
Doc ID: e402c1fb8048d072bc4c2559c288ab93fa08d6ae
12. Any holdover permitted by PSD beyond the originally estimated rental period as set forth herein shall extend the terms of this
Agreement on the same terms and conditions as set forth herein, except that during any holdover period PSD may retake possession of the
EQUIPMENT and terminate this Agreement, with or without cause, on twenty-four hours notice.
13. If CUSTOMER fails to make payments as provided in this Agreement, or fails to abide by the terms and conditions of this Agreement, or if
the EQUIPMENT covered by this Agreement is attached, levied upon or taken possession of under any writ, process or order of any court,
PSD has the right to repossess the machine.
14. PSD may replace the EQUIPMENT with equivalent EQUIPMENT at any time.
15. PSD reserves the right to remove the EQUIPMENT from any job at any time when, in its opinion, the EQUIPMENT is in danger of abuse,
because of strikes, or for the purpose of inspection or repair.
16. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois. The parties hereby irrevocably
submit to the exclusive jurisdiction of the state or federal courts located in Illinois for any proceedings arising out of or relating to this
Agreement. Should any provision of this Agreement be held invalid, such provision shall be deemed to be eliminated insofar as it is deemed
invalid and the balance of this Agreement shall in no way be affected thereby. The terms and conditions contained herein constitute the
entire Agreement between PSD and CUSTOMER with respect to the subject matter hereof and supersede all previous oral and written
communications and representations. Any contrary terms contained in a purchase order or other writing from the CUSTOMER are hereby
rejected and superseded by the terms and conditions contained in this Agreement. CUSTOMER’S obligations hereunder shall survive any
termination of this Agreement. This Agreement may not be changed, altered, supplemented or added to at any time: except by a writing
signed by both parties. This Agreement may not be assigned by Customer without the prior written consent of PSD. Any suit by Altorfer CAT
may be brought in the United States District Court for the Northern District of Illinois, or the Court of Cook County, Illinois. The customer
hereby knowingly and for due consideration agrees to the jurisdiction of the United States District Court for the Northern District of Illinois,
or the Court of Cook County, Illinois and waives all rights to contest the jurisdiction of these Courts.
C15623 Page4of4
Doc ID: e402c1fb8048d072bc4c2559c288ab93fa08d6ae
Contract with Altorfer inc for 500 KW On-Demand Emergency...
500_KW_Emergency_Generator_Rental.pdf and 3 others
e402c1fb8048d072bc4c2559c288ab93fa08d6ae
MM / DD / YYYY
Signed
07 / 17 / 2024
14:44:55 UTC-5
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
07 / 17 / 2024
15:43:49 UTC-5
Viewed by Edgar Cano (ecano@cityofevanston.org)
IP: 66.158.65.76
07 / 17 / 2024
15:54:26 UTC-5
Signed by Edgar Cano (ecano@cityofevanston.org)
IP: 66.158.65.76
07 / 17 / 2024
16:46:58 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.226.57
07 / 17 / 2024
16:47:13 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.226.57
07 / 17 / 2024
16:48:03 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
07 / 17 / 2024
16:49:19 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
The document has been completed.07 / 17 / 2024
16:49:19 UTC-5
Contract with Altorfer inc for 500 KW On-Demand Emergency...
500_KW_Emergency_Generator_Rental.pdf and 3 others
e402c1fb8048d072bc4c2559c288ab93fa08d6ae
MM / DD / YYYY
Signed