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Home My WebLink About20-0826 Midwest Paving Equipment ao-``oks A b M.4uJZS� 0.V 1^aa August 17, 2020 Agenda � e � Bid Item: #5 — Sourcewell Purchasing Cooperative — Public Works 4- Ton Hot Patch Trailer Purchase ($34,555) • Signature needed by City Manager. • Return 1 copy to Aaron Neal. PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 26th day of August 2020. by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "C ity"lland Midwest Paving Equipment, Inc., an Illinois corporation, (hereinafter referred to as "MIDWEST" or "Seller"). 'NOW. THEREFORE. for and in consideration of the promises and covenants contained herein. the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase, and MIDWEST shall sell the goods and/or services described by Attachment A,attached hereto and made a part hereof. 2. TERMS. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, and Sourcewell Contract #052417-FRM, incorporated herein and made a part hereof by reference. 3. LA'*ti'/VENUE. 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. MIDWEST hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof, and MIDWEST agrees that service by first class U.S. mail to John Beata, 501 W. Ogden Avenue, Suite 5, Hinsdale, Illinois 60521 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. N• MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 5. MERGER. 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. INTEREST. MIDWEST 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, e[seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, el .seq.), as amended. The provisions of this paragraph shall survive any expiration,completion and/or termination of this agreement. 7. SE%'ERABILITY. 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 remainder of this agreement shall remain in fitll force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, MIDWEST shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum Nvage, workplace safety and legal status of employees. Without limiting the foregoing, MIDWEST hereby certifies, represents and warrants to the City that all of MIDWEST'S employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. MIDWEST 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 agreement. The City shall have the right to audit any records in the possession or control of MIDWEST to determine MIDWEST'S compliance with the provisions of this section. In the event the City proceeds with such an audit, MIDWEST shall make available to the City MIDWEST'S relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 9. EXECUTION. 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 e-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 faxed 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. 10. CONFLICT. 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 supersede and control. In the event of any conflict between the terms and provisions of till: agreement and Sourcewel) Contract #052417, the terms and provisions of this agreement or any attachments hereto shall supersede and control. 11. PAYMENT. City shall pay the total sum of$34,555.57 pursuant to Attachment A within thirty (30) days of delivery or city's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes. 12. DELIVERY. MIDWEST shall complete delivery of all goods on or before(90) ninety days from the date of this Agreement. 13. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages,or any damages resulting from loss of profit. 2 i 14. TR.4NSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at MIDWEST'S sole expense. MIDWEST PIA,VIINNG, EQUIPMENT, INC. CIT IN Print NameRichard ozal, City Manager 4t itt � Attes Sig ature City erk Title I F:Uxgal Dept\Agreement\Purchase Agreement-Midwesl Paving-Falcon Hotbox Asphalt Trailer-7-30-20.docx I i 3 ATTACHMENT A Midwest Paving Equipment, Inc. 757 DuPage Blvd Suite 2387 GLEN ELLYN, IL 60137 US MPE (630) 453-0772 Midwest Paving Equipment, Inc. i Estimate ADDRESS SHIP TO ESTIMATE# 1290 City Of Elgin City Of Elgin DATE 07/27/2020 1900 Holmes Road 1900 Holmes Road EXPIRATION DATE 09/28/2020 Elgin, IL 60123 Elgin, IL 60123 I T, QTY RATE AMOUNT 5D4TT 1 36,420.57 36,420.57 4 Ton Single Burner Diesel Fired Hotbox. Including: Battery Charger, 24-Hour Timer, Dump Box, Single Frame Extension, 16" Tires, Bracket for Customer Supplied Release Agent Sprayer, LED Lighting Upgrade -Two Reds and One Amber Strobe Per Side, Night Work Lights - LED, Strobe Warning Light and Tool Holder- 3-Positions,Tool Box Mounted on hopper access platform street side, Hoist w/ 12 Volt Winch for plate compactor(500 LBS Max), 2' Trailer hitch,24"x 24" Plate compactor Basket, Dump HYD Cylinder Guards, Lose Spare tire&wheel, Fuel Sight Glass on burner tank 1/2 way mark, Accessory Kit, Delivery Included Standard Base Model Weight:4,550 lbs. Base Model Dimensions: 16' L x 83"W(Hopper) x 74"H (Top of Hopper to Ground) Standard Two-Year Machine Warranty and Lifetime Frame Warranty Paint 1 0.00 0.00 Color Falcon Orange,with Semi Plug Round 7 Pin connector Round Pins Warranty 1 0.00 0.00 Two Year Factory, Lifetime Frame Warranty Falcon CCMFG 1 0.00 0.00 5 Year Combustion Chamber Maintenance Free Guaranty Manual 1 0.00 0.00 Operator, Parts and Service Manual ACTIVITY My V RATE AD,4'11)NT Training 1 0.00 0.00 On-site Operation and Service Training NJP0045 1 250.00 250.00 Basket for mounting Plate Compactor (id 24"x 24") VGR1600 1 2,385.00 2,385.00 Vlbco GR1600 Vibrating Roller with 3hp Honda engine, 12 inch width 8 8 inch Drum diameter, Water tank included, Trade in -1 500.00 -500.00 2 ton Spaulding Complete unit VIN T2DRS-08-0707-394 in working order Trade in -1 4.000.00 -4,000.00 Stepp SPHP-3.0 VIN 4S9PHD3Y2FS127108 in working order Prices are Reflective of Sourcewell Contract#052417-FRM TOTAL $34,555.57 Estimated Delivery 60-90 Days from order date. Accepted By Accepted Date I I i I illillillillillllllll RNMENT FORM E CONTRACT ACCEPTANCE AND AWARD NJPA Nabunal luim Powers All—ce' O O ,T,ye F'URCNI.SN�'S O" (Top portion of this form will be completed by NJPA if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract #:052417-FRM Proposer's full legal name: Falcon Road Maintenance Equipment, LLC Based on NJPA's evaluation of your proposal,you have been awarded a contract. As an awarded vendor,you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP, in any amendments to this RFP, and in any exceptions that are accepted by NJPA. i The effective date of the Contract will be October 2, 2017 and will expire on October 2, 2021 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA.Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: i Jeremy Schwartz t.JP JIPE'T'R OF C _% ' F:Af1VEC TRAr r— (NAME NRIHTED UP TYPED) i AND PROCUPEMENT/r waT E Chad Coauette HjFA EXECUTIVE DIRECTORICEO SIGNATURE (rIAME PRINTED OR TYPED) I Awarded on September 29,2017 NJPA Contract # 052417-FRM Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name7 Authorized Signatory's Title l�' f �-a'.t-:,1 ✓T' :ENDc;N P.UI J_/L—D S1 1AIUR[ (hIANIE FR1141ED C)R hPUDI Executed on 20/1 NJPA Contract # 052417-FRM Form C EXCEPTIONS TO PROPOSAL.TERtNIS.CONDITIONS, AND SOLUTIONS REQUEST QI e��l!_� (�-�lf(t��f Ilt�t� (qIL-rmf..IL� � QC Company Name: lLl�� t Any exceptions to the terms,conditions,specifications,or proposal fornis contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges shat the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Team,Condition,or NJPA ACCEPTS Section"' age Specification Exception I j Proposer's Signature: Date:_ i NJPA's clarification on exceptions listed above: i i I Review and Ap oved: NJPA Legal Departme t 36