HomeMy WebLinkAbout21-0825 Morbark LLC a�- oaa5
August 25, 2021 Agenda
Bid Item: #5 -Joint Purchasing Cooperative — 2021 Fleet Purchases
($998,822)
LLG _
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 25th day of August ,
2021, by and between the City of Elgin, Illinois,a municipal corporation(hereinafter referred to
as "City") and Morbark, LLC, a Michigan limited liability company, (hereinafter referred to as
"Morbark" or"Seller").
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:
1. PURCHASE. City shall purchase, and Morbark 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 price, terms and conditions
contained herein; as provided by Attachment A; and as provided by a joint purchase agreement
through Sourcewell, under contract No. 050119-MBI incorporated herein by reference
(hereinafter referred to as the"JPA").
3. CONFLICT. In the event of any conflict between any of the terms and provisions of this
agreement and either Attachment A or the JPA, or any portion thereof, the terms and provisions
of this agreement shall control. In the event of a conflict between Attachment A and the JPA,
Attachment A shall supersede and control.
4. LAW/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.
Morbark 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 Morbark
agrees that service by first class U.S. mail to Morbark, LLC, Box 1000, Winn, Michigan 48896
shall constitute effective service. Both parties hereto waive any rights to a jury.
5. NO MODIFICATION. There shall be no modification of this agreement, except in
writing and executed with the same formalities as the original.
6. MERGER. This agreement embodies the whole agreement of the parties regarding the
subject matter hereof. There are no promises, terms, conditions or obligations other than those
contained herein regarding the subject matter hereof, and this agreement shall supersede,
supplant and replace all previous communications, representations or agreements, either verbal,
written or implied between the parties hereto regarding the subject matter hereof.
7. INTEREST. Morbark 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 50511, 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.
8. SEVERABILITY. 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 full force and effect.
9. COARLIANCE WITH LAW. Notwithstandingo r any then provision of this agreement,
it is expressly agreed and understood that in connection with the performance of this agreement,
Morbark 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
wage,workplace safety and legal status of employees. Without limiting the foregoing, Morbark
hereby certifies, represents and warrants to the City that all of Morbark '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. Morbark 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
Morbark to determine Morbark's compliance with the provisions of this section. In the event the
City proceeds with such an audit, Morbark shall make available to the City Morbark's relevant
records at no cost to the City. City shall pay any and all costs associated with any such audit.
10. PAYMENT. City shall pay the total sum of $82,542.70 within thirty (30) days of
delivery or city's receipt of invoice, whichever is later. The aforementioned total sum is
inclusive of all applicable taxes.
11. DELIVERY. Morbark shall complete delivery of all goods and/or shall provide r ry � r de all
services on or before December 31,2021.
12. 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.
13. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City
upon delivery of any applicable goods.
14. INDEMNIFICATION. To the fullest extent permitted by law, Morbark shall
indemnify, defend and hold harmless the City, its officers, employees, boards and commissions,
from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and
all other relief or liability arising out of or resulting from or through or alleged to arise out of any
acts or negligent acts or omissions of Morbark or Morbark 's officers, employees, agents or
subcontractors in the performance of this agreement, including but not limited to, all goods
delivered or services or work performed hereunder. In the event of any action against the City,
its officers, employees, agents, boards or commissions covered by the foregoing duty to
indemnify,defend and hold harmless, such action shall be defended by legal counsel of the City's
choosing.
15. 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-
2
y
mail shall be treated in all manners and respects as an original document. The signature of any
parry on a copy of this agreement which may be signed electronically or 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.
The person signing this agreement certifies that s/he has been authorized by the Seller to
commit the Seller contractual and has been authorized to execute this agreement on its behalf.
IN WITNESS WHEREOF the parties have hereto set their hands the day and year first
above written.
L L C. CITY OF ELGIN
Erika Snyder
G
Print Name Richard G.Kozal, City Manager
Signature ATT E?S
Governmental Sales Representative
Title ity Clerk
F:\Lcpi Dcpt\AgrccmcntlPurchase Agr-Morbark-7-27-21.docx
3
y 1:
ATTACHMENT A
Box 1000.Winn,Michigan,48896
NIOR�+ 989-866-2280
RAYCO
www.morbarkcom OTN40el WAKI
Sold To: City of Elgin Ship To: Alexander EQuipment
19M Holmes Rd 4728 Yonder Ave
Elgin,IL 60123 — Lisle IL 60532
Attn:Matt Linn
(for Wher dellyery fo:City of Eigini
Quote No. 2131TA-21S Quote Date: 5/2112021 Customer P.O. Sourcewell IDN25158 Raquatad: 7-9 Months ARO
Contact: Bob Lenhart Contact M 647-MI-5900 Delius Instructions:
. ._ FOB Deadna6on
Preparer. Erika Sn,Oer Terms: Net 30 Days
SKU#50121 -2022 MORBARK EEGER BEEVERTO 2131 TA(formerly known as M18R TA)
EQUIPMENT AND OPTIONS
STANDARD UNIT:
• Morbark orange urethane paint system
• Infeed with rigid tray and control handle to actuate feed wheels and dual safety pull cables
• Dual horizontal feed wheels with TogMaxn`top feed wheel compression system,hydraulic lit assist,Variable
Force-constant hydraulic down pressure system with additional manually applied hydraulic down pressure at the
valve handle and direct drive bottom feed wheel with box mount coupler
• Reversing automatic feed system
•37-3f8'diameter x 23-314'wide,four(4)dual-edged knife staggered pocket drum with removable knife holders,
dual sided chambered air Impeller system and controllable air flow vents
•60-gallon lockable fuel tank with drain plug,sight gauge,shut-off valve and electronic fuel gauge
•41-gallon lockable hydraulic reservoir with sight gauge,drain plug,hydraulic oil cooler and dears-out cover
• Live hydraulic system including: ball valve,pump,motor,and valve bank with additional valve section for
installation of winch package
• Hydraulic swivel discharge with 360'rotation,turnbuckle height adJustmem,bottom dean-cut door and adjustable flipper
•6'x 2'tubular steel frame wrlh cross bracing for additional structural rigidity
•6"x 4"tubular steel telescoping drawbar with(2)12'extensions,adjustable hitch plate with 2-10 pintle ring and
3t8'thick safety chains with clasp hooks
• 16,000#Torsion tandem axles,electric brakes,break-away actuator with 235175R x 17.5',16py radial tires and
hexagon splash guard fenders
• Hydraulic front stabilizer
• Lockable steel combination tool and battery box compartment with 8D,1400CCA battery
• Registration and operator guide holder
•Comirlete set of manuals including:Safety and Operators,Parts Manuel with electronic back-up,which also
Includes a Safety Video and OEM component manuals. Also included is an engine manual if applicable along with
start-up paperwork
• Enclosed engine with gauge panel,radiator fines screen and slide rails for belt adjustment
•Trailer wiring package includes:7-pin flat electrical connector,LED tall lamps.LED side marker lamps,tall lights,
and license plate holder with light
•Isuzu 4HK1X,1WHP,Tier 4F diesel engine with over center clutch and block heater
POWER OPTIONS:
•John Deere 4045HF006,173-HP,Tier 4F diesel engine with over center clutch and block heater in lieu of standard
OPTIONS:
•Variable speed low control
•Winch package:Heavy-duty,50000 pull Capacity with rope,10'chafe guard and iniedoek device
Sourcewell#050119-MBI
TWAT CALIOULATIoN
Total from Above Choices= 387,174.70
Material Sucharge a $3,668.00
Prep Fee= $500.00
Freight= $1,200.00
Trade In 2009 Vermeer 1800XL= $10,000.00
Extended Price= $82,542.70
QUOTE IS VALID FOR 30 DAYS
Effective 11112020
Revised 811412020