HomeMy WebLinkAbout24-0214 Play Illinois ,74 - cry
February 14, 2024 Agenda
Bid Item: #7 — Sourcewell Cooperative, Purchase of Mulberry Grove
Park Playground Replacement Equipment from Play Illinois,
LLC ($109,512)
• Signature needed by City Manager and City Clerk.
• Return 1 copy to Hulke.
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 14th day of February 2024, by
and between the City of Elgin,Illinois,a municipal corporation(hereinafter referred to as"City")and
Play Illinois, LLC,an Illinois limited liability company,(hereinafter referred to as "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 Seller shall sell the goods and/or services to
the City as described in the one-page proposal, dated December 21, 2023,attached hereto and made
a part hereof as Attachment A, and as provided by the Sourcewell Contract #010521-BUR,
incorporated herein by reference(the"Sourcewell Agreement").
2. TERMS. This Agreement shall be subject to the terms and conditions contained
herein and as provided by Attachment A, which is attached hereto and made a part hereof and the
Sourcewell Agreement. In the event of any conflict between any of the terms and provisions this
Agreement and either Attachment A or the Sourcewell Agreement, or any portion thereof,the terms
and provisions of this Agreement shall supersede and control. In the event of any conflict between
Attachment A and the Sourcewell Agreement, Attachment A shall supersede and control.
3. 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. Seller 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 Seller agrees that service by first
class U.S. mail to 310 N. Grand Street, Westmont, IL 60559 shall constitute effective service. The
Parties hereto waive any rights to a jury.
4. NO MODIFICATION. There shall be no modification of this Agreement,except in
a writing instrument executed by both Parties with the same formalities as the original Agreement.
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. Seller 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. 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.
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, Seller 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,nondiscrimination and legal status of employees.
9. COUNTERPARTS AND 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. This Agreement may be executed electronically,and any signed copy of this Agreement
transmitted by facsimile machine,email,or other electronic means 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 facsimile machine, email, or other electronic means shall be considered for these purposes an
original signature and shall have the same legal effect as an original signature.
10. PAYMENT. City shall pay the total sum of $109,512 within thirty (30) days of
delivery or City's receipt of invoice,whichever is later. The aforementioned total sum is inclusive of
all freight and shipping costs.The City of Elgin is a tax-exempt governmental entity.
11. 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.
12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the
City upon delivery of the goods.
13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and
shall indemnify, 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 Seller or Seller'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 and hold harmless, such action
shall be defended by legal counsel of the City's choosing.
14. WARRANTY. All applicable warranties, including but nut limited to any and all
applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a
particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,
components,and services to the benefit of the City.
15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be
construed so as to create a joint venture, partnership, employment or other agency relationship
between the Parties hereto.
16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect,
punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights
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by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be
construed as, a waiver of any such rights.
17. LIMITATION OF ACTIONS.The Parties hereto agree that any action by the Seller
arising out of this Agreement must be filed within one year of the date the alleged cause of action
arose or the same will be time-barred.
18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement.
19. NONDISCRIMINATION.The Seller will not discriminate against any employee or
applicant for employment because of race,color,religion,sex,national origin,age,ancestry,order of
protection status, familial status, marital status, physical or mental disability, military status, sexual
orientation, or unfavorable discharge from military service which would not interfere with the
efficient performance of the job in question. The Seller will take affirmative action to comply with
the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit
to the City a written commitment to comply with those provisions. The Seller will distribute copies
of this commitment to all persons who participate in recruitment, screening, referral and selection of
job applicants,prospective job applicants,and subcontractors.
The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit
the Seller contractually and has been authorized to execute this Agreement on its behalf.
IN WITNESS WHEREOF,the Parties have hereto set the i r hands the day and year first above written.
ALA/ /l/ihois L[.c C . . .1.c1N
Cheryl Parson
Print Name Richard G. Kozal, City Manager
/OCtrtdBiL Attest:
Signat re
Project Manager haeal-4
Title City Clerk
Legal Dept\Agreement\PURCHASE AGREEMENT-SOURCEWELL FORM-9-28-23.docx
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ATTACHMENT A
Play Illinois, LLC Date: 12/21/23
310 N.Grant Street,Westmont,IL 60559 \P LAY Quote#: 122123-5
Tel(844)222-9990 Fax(844)217-1113 / I L L I N O I S
www.playil.com PARK&PLAYGROUND SOLUTIONS Accepted Approved Quotation,
Terms and Conditions
In coordination with BCI Burke Company,LLC Signed
Tel:(920)921-9220 Date:
To: City of Elgin Park&Recreation Project Name: Mulberry Grove Park
100 Sympony Way Project Location: 1769 Newbridge Circle
Elgin,IL 60132 Elgin,IL 60132
ID#25158
Prepared by Estimated Ship Date Payment Terms
Cheryl Porson 7-9 weeks after receipt of order Net 30 Days from equipment delivery.
Item Proposal# Description Unit Price Quantity Total
Equipment 129-174138-3 5-12 Nucleus and 2-5 Synergy Structures with Swings
and Inclusive Orbit $ 140,952.00 1 $ 140,952.00
Discount Discount per Sourcewell Contract#010521-BUR (21,142.80) 1 (21,142.80)
Discount Additional Courtesy Discount (11,467.20) (11,467.20)
Freight Delivery of Burke Equipment 1,170.00 1 1,170.00
Sales Tax Please submit tax exempt form at time of order 0.00 1 -
TOTAL: $ 109,512.00
ektife P
Sourcewell
Title: Project Manager, Play Illinois,LLC -
Awarded Contract
Pricing and Freight are valid for 30 days! Contract#010521-BUR
Thank you for the opportunity to provide this quote.
We look forward to filling your park&playground needs in the months and years to come!
Special Notes: Prices do not include site security,safety surfacing(unless shown in quoted items above),installation(unless shown in quoted items
above)or sales tax(if applicable).Prices are based on standard colors per CURRENT YEAR BCI Burke Catalog Custom colors,where available,would be
an extra charge Freight charges are predicated on all items being ordered and shipped at the same time.
Rock Clause:If excessive underground obstructions such as rock coral,asphalt,concrete,pipes.drainage systems.root systems.water or any other
unknown obstructions are discovered,additional charges will be added to the proposal.
In coordination with BCI Burke Company,LLC
"An ISO 9001:2008 and ISO 14001:2004 Certified Company"
PO Box 549•Fond du Lac.WI 54936-0549-Phone(920)921-9220-Fax(9201921-9566-www bcburke.com
Play that Moves You')
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