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Home My WebLink About15-107 Resolution No. 15-107 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BONNELL INDUSTRIES, INC. FOR TRADE-IN OF NON-FUNCTIONING SURPLUS EQUIPMENT FOR EQUAL PURCHASE CREDIT TOWARDS NEW EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Bonnell Industries, Inc. for the trade-in of non-functioning surplus equipment for equal purchase credit towards new equipment, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 12, 2015 Adopted: August 12, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THiS AGREEMENT is hereby made and entered into this 12th day of August, 2015, by and between the City of Elgin, Illinois,a municipal corporation(hereinafter referred to as"City") and Bonnell Industries, Inc., a Delaware corporation (hereinafter referred to as"Bonnell"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein. the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: t. City shall purchase, and Bonnell shall sell to City the goods and services described by Attachment A. attached hereto and made a part hereof. 2. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. 3. This agreement is subject to and governed by the laws of the State of 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 the Circuit Court of Kane County, Illinois. 4. There shall be no modification of this agreement, except in writing and executed with the same formalities of the original. 5. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 6. Bonnell hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 7. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the reminder of this Agreement shall remain in full force and effect. 8. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or a-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such taxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 9. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto. the terms and provisions of this purchase agreement shall control. 10. No monetary payment shall be made by City pursuant to this agreement. CITY OF • IN // BONNEt_.L INDUSTRIES, INC Sea aa. Stegall, City Ma• ger Print Name i Attest: ! / � � ' c J j3Z'�L ' S. lature kg.414,A6 (ie(At7tI\XI City Clerk T77 Title F\Leval Dept\Agreement\Purchase agreement-Ronnell Industries 7-20-15.ducx 2 ATTACHMENT A TRUCK AND ROAD EQUIPMENT July 14,2015 City of Elgin 150 Dexter Court Elgin, IL 60120 Bonne!!Industries agrees to supply and deliver a STEPP MODEL SPHD•3.0- Spec Hot Patcher Hauler, as described in quote#0100046. Bonnell Industries agrees to supply and install a Bonnell 8'Mid Mount Wing Model 8TEWMM with hydraulics installed complete to operate on existing city's truck as described in quote#0100046. All items supplied and installed as described above shall be of the newest model year and full new manufacturer's warranty will apply. Bonnell Industries agrees to accept as payment in full for the above described product and labor in the quote of$43,000.00 as trade allowance the city's 2007 GMC T8500 with chassis mounted Dura Patcher Ser#14270,remaining balance$0.00. Bonnet!Industries reserves the right to refuse Dura Patcher truck as payment If truck is damaged and not repaired to the point to diminish the trade value of unit. Bonnet!Industries agrees to expedite the ordering of items,and a labor to supply and install all described in quote#0100046 in timely fashion after receipt of city's P.O. Sincerely, 1 . �. Kim Stoker Sales Representative a , (� v.%! • K.1 .. i�-i,(L:. N. i �):;(C�il (I. bi,'�... i ii(ib,i 75171!t 4 ,,... a teyii'l:,unnc Lcorn•,xd;ti Page 1 of 2 1385 Franklin Grove Rd Dixon,1L 61021 Quote 815-284-3819*815-284-8815 Fax TRUCK AND ROAD EQUIPMENT 800-851-9664 Order Number: 0100046 W%VW,bonneil.com * info(n?bonnell.com Order Date: 5/6/2015 Bill To: 0005605 Ship To: 1 CITY OF ELGIN CITY OF ELGIN 150 DEXTER COURT 1900 HOLMES RD ELGIN,IL 60120.5555 ELGIN,IL 60123 Phone: (847)931-5605 Phone: (847)931-5605 Fax. (847)931-5994 Fax. (847)931-5994 Confirm To:ROBERT LEN'IART Comment Customer P.O. Ship VIA F.O.B. Terms Quote Expiration QUOTE CUSTOMER P-UP Net 30 Days 12/31/5999 Ordered Unit Item Number Price Amount 1.0000 EACH SERVICE 3.933.00 3,933.00 SERVICE APPLICATION:USED IHC SUPPLY AND INSTALL 8'NON-TRIP MID-MOUNT WING COMPLETE WITH NEEDED PLUMBING.INCLUDES IN CAB CABLES AND CONTROLS. PAINTED ORANGE IN COLOR.SUPPLY AND INSTALL 2 EA.NA-WLEDSS WING LIGHTS. 1.0000 EACH WING 6.647.00 6.647.00 BONNELL WING PLOW PRICE COMPLETE WITH OPTIONS MID MOUNT JR WING CUTTING EDGE LENGTH: 8 TRIP MECHANISM:TRIP EDGE MOLDBOARD CUTTING EDGE TYPE:HIGH CARBON STEEL CUTTING EDGE SIZE:3/4X6 STANDAR EDGES 6'-9' NO DISCHARGE END CURB SHOE PLOW MARKER:24'YELLOW JUMBO LOCK VALVE:YES-DOES GET LOC VALVE MOLDBOARD COLOR:ORANGE SMART PART:'MMOBTE W 1.0000 EACH STEPP-SPHD-3.0-SPEC 32.420.00 32.420.00 STEPP SPHD 3.0 HOT PATCH DUMP TRAILER.3 CUBIC YARD CAPACITY(4 TON),DIESEL BURNER.AUTOMATIC TEMPERATURE CONTROLS, HYDRAULIC DUMP,OIL JACKET,ELECTRIC BRAKES,STANDARD 2 LIGHT LED STOP TURN AND TAIL LIGHTS.SHOVEL CLEANING COMPARTMENT. COMPACTOR PLATE.PAINTED HWY.ORANGE,PINTLE HOOK,7 PIN RV STYLE PLUG -1,0000 EACH 43,000.00 -43,000.00 LESS TRADE ALLOWANCE 2007 GMC T8500 WITH CHASSIS MOUNTED DURA PATCHER SER#14270 1.0000 EACH •CUTTING EDGE 0.00 0,00 STD 314X6 WING CUTTING EDGE Continued Page 2 of 2 1385 Franklin Grove Rd Dixon, II_61021 Quote 815-284-3819. 815-284-8815 Fax TRUCK AND ROAD EQUIPMENT 800-851-906:1 Order Number: 0100046 www.bonnell.cnm * info(a?bonnell.com Order Date: 5/6/2015 Bill To: 0005605 Ship To: 1 CITY OF ELGIN CITY OF ELGIN 150 DEXTER COURT 1900 HOLMES RD ELGIN,IL 60120-5555 ELGIN,II. 60123 Phone. (847)931-5605 Phone: (847)931-5605 Fax: (847)931-5994 Fax: (847)931-5994 Confirm To:ROBERT LENNART Comment: Customer P.O. Ship VIA F.O.B. Terms Quote Expiration QUOTE CUSTOMER P-UP Net 30 Days 12/31/5999 Ordered Unit Item Number Price Amount 1.0000 EACH IWLV 0.00 0.00 WING LOC VALVE OPTION 15%RESTOCKING FEE ON RETURNED ITEMS Net Order 0.00 NO RETURN ON SPECIAL ORDER ITEMS OR ELECTRICAL.ITEMS SUBMITTED BY: _/2 _(744/ Freight: 0.00 Salesperson:0003 Kim Stoker Sales Tax: 0.00 Quote Total: 0.00 NOTE: ALL TAXES WILL BE EXTRA IF APPLICABLE. NOTE: PRICES ARE IN EFFECT FOR 30 DAYS ONLY. IF A PRICE VIN# INCREASE.OCCURS•IT WILL BE ADDED. NOME: BIDS MAY REQUIRE A 20%DEPOSIT UPON PURCHASE MAKE NOTE: INSTALL. DATE IS BASED ON CHASSIS ARRIVAL DATE MODEL:__ ACC'E:PImBY W.B. i_A.:• TRANS MODEL: "1311.1. To. —• ENGINE: PD Number PAINT CODE DA IT ACCEPTED: CHASSIS ARRIVAL DA l l '"CEIANGES MAY CAUSE DELAYS AND FEES. ES.