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Home My WebLink AboutResolution 34-R-26, Approval for the Purchase of One (1) Piece of Fleet Equipment for Public Works Agency Use (1) (1)03/23/2026 34-R-26 A RESOLUTION Authorizing the City Manager to Execute an Agreement with Brown Equipment Company for the Purchase of One (1) Stepp SPHD-3.0 Dump Style Pothole Patcher / Asphalt Dump Trailer for $59,713. WHEREAS, City of Evanston is in the process of replacing worn fleet equipment; and WHEREAS, Brown Equipment Company is a dealer through Sourcewell Contract #050625-SMC for Stepp brand equipment; and WHEREAS, the Evanston City Council believes entering into an Agreement with Brown Equipment Company is in the best interests of the citizens of Evanston, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest on behalf of the City of Evanston, an Agreement between the City and Brown Equipment Company. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any terms of an Agreement as may be determined to be in the best interests of the City. SECTION 3:That this Resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Page 1 of 8 34-R-26 _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 20__ Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel Page 2 of 8 March 23 26 630 HOTBOX Page 3 of 8 Brown Equipment Company 2501 S Kentucky Ave Evansville IN 47714 Ph:800-747-2312 www.brownequipment.net Vehicle Quote #Q17690 2/20/2026 Bill To Ship To TOTAL City of Evanston IL 2100 Ridge Ave Evanston IL 60201-2798 United States City of Evanston IL 2100 Ridge Ave Evanston IL 60201-2798 United States $59,713.00 Sales Rep: Jarrett Phillippe Expires PO #Quote Information Shipping Method 3/22/2026 SPHD 3.0 IN STOCK DEMO UNIT 4S9PHD3Y2SS127152 Item Description Qty Price Extended Price STEPP-SPHD-3.0 STEPP MANUFACTURING MODEL SPHD-3.0 ASPHALT DUMP TRAILER IN STOCK DEMO UNIT VIN:4S9PHD3Y2SS127152 STEPP SOURCEWELL CONTRACT#050625-SMC CUSTOMER SOURCEWELL MEMBER ID#18496 INCLUDES: 4-Ton Capacity 120,000 BTU Diesel Burner with Automatic Temperature Control Tandem 7,000 lbs. Suspension (14,000 lbs. GVWR) Adjustable Height Hitch Hydraulic Dump Hopper Oil Jacketed Hopper Gas Shock Assisted Top Doors and Rear Discharge Doors Electric Overnight Heat 220V 3000W (hot mix use) Flush Mounted Strobe Lights (Set of 2) Compact Plate Carrier Stainless Steel Tool Holders (2) Washdown System with Hose Reel Shovel Cleaning Compartment *Platform w/ Railing and Steps (not available with tack tank) *2 Gallon sprayer *220V cord for overnight heating FREIGHT INCLUDED 1 $59,713.00 $59,713.00 Payment Information A 3% fee will be applied to credit card transactions process through our system. Please note that this fee will only be applied to credit card transactions, and all other payment methods will remain without any additional fees, including the option to pay via ACH. For inquiries about this update or assistance with setting up ACH payments, please contact accounting@brownequipment.net. Subtotal $59,713.00 Tax (0%)$0.00 Total $59,713.00 THANK YOU FOR CHOOSING BROWN EQUIPMENT COMPANY Page 4 of 8 Brown Equipment Company 2501 S Kentucky Ave Evansville IN 47714 Ph:800-747-2312 www.brownequipment.net Vehicle Quote #Q17690 2/20/2026 THANK YOU FOR CHOOSING BROWN EQUIPMENT COMPANY FINAL INVOICE AMOUNT MAY BE SUBJECT TO ADDITIONAL MATERIAL AND MANUFACTURING SURCHARGES INCLUDING ANY TARIFFS THAT MAY ARISE. THIS ESTIMATE DOES NOT INCLUDE APPLICABLE TAXES. CUSTOMER IS RESPONSIBLE FOR ALL APPLICABLE FEDERAL, STATE AND LOCAL TAXES. WE HEREBY ORDER THE DESCRIBED MATERIAL SUBJECT TO ALL TERMS AND CONDITIONS OF THIS ESTIMATE. PLEASE NOTE THAT A RESTOCKING FEE AND SHIPPING COSTS MAY BE ADDED TO ELIGIBLE PART RETURNS. Page 5 of 8 Brown Equipment Company 2501 S Kentucky Ave Evansville IN 47714 Ph:800-747-2312 www.brownequipment.net Vehicle Quote #Q17690 2/20/2026 TERMS AND CONDITIONS 1.ACCEPTANCE. This quotation is an offer to sell products (equipment and/or parts) and/or service to potential customer(s). BUYER’S RIGHT TO ACCEPT THIS OFFER IS LIMITED TO BUYER’S ASSENT TO THE TERMS AND CONDITIONS PRINTED HEREON AND THE ATTACHED OR ACCOMPANYING QUOTE, AND NO TERMS ADDITIONAL TO OR DIFFERENT FROM THOSE IN THIS OFFER ARE BINDING ON SELLER. THERE ARE NO UNDERSTANDINGS, TERMS, CONDITIONS OF WARRANTIES NOT FULLY EXPRESSED HEREIN. 2.LIMITED WARRANTIES. Seller warrants that it can convey good title to the goods sold under this contract and that they are free of liens and encumbrances. Warranties are per manufacturer’s written warranty or unless speciﬁed. There are no warranties, express or implied with respect to products sold hereunder which are misused, abused, or used in conjunction with mechanical equipment improperly designed, used or maintained or which are used, supplied for use or made available for use in any nuclear application of which Seller has not been notiﬁed in writing by Buyer at the time of order for the products sold hereunder. SELLER MAKES NO OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS CONTRACT. 3.LIMITATION OF BUYER’S REMEDIES AND SELLER’S LIABILITY. Seller’s liability hereunder shall be limited to the obligation to repair or replace only those products proven to have been defective in material or workmanship at the time of delivery, or allow credit, at its option. Seller’s total cumulative liability in any way arising from or pertaining to any product sold or required to be sold under this contract shall NOT in any case exceed the purchase price paid by Buyer for such products. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR COMMERCIAL LOSS, LOST PROFITS, CLAIMS FOR LABOR, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY TYPE, WHETHER BUYER’S CLAIM BE BASED IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE. IT IS EXPRESSLY AGREED THAT BUYER’S REMEDIES EXPRESSED IN THIS PARAGRAPH ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES. 4.LIMITATION OF BUYER’S REMEDIES AND SELLER’S LIABILITY FOR FAILURE OR DELAY IN DELIVERY. NO DELIVERY DATES ARE GUARANTEED. BUYER’S SOLE AND EXCLUSIVE REMEDIES AND SELLER’S ONLY LIABILITY FOR ANY DELAY IN DELIVERY SHALL BE LIMITED AS SET FORTH IN PARAGRAPH 3 OF THIS CONTRACT. 5.FORCE MAJEURE. In any event and in addition to all other limitations stated herein, Seller shall not be liable for any act, omission, result or consequence, including but not limited to any delay in delivery or performance, which is (i) due to any act of God, the performance of any government order, any order bearing priority rating or order placed under any allocation program (mandatory or voluntary) established pursuant to law, local labor shortage, ﬁre, ﬂood or other casualty , governmental regulation or requirement, shortage or failure or raw material, supply, fuel, power or transportation, breakdown of equipment, or any cause beyond Seller’s reasonable control whether of similar or dissimilar nature to those above enumerated, or (ii) due to any strike, labor dispute, or difference with workers, regardless of whether or not Seller’s is capable of settling any such labor problem. 6.BUYER’S OBLIGATION TO PASS ON LIMITATION OR WARRANTIES AND REMEDIES. In order to protect Seller against claims by Buyer’s buyer, if Buyer resells any of the goods purchased under this agreement, Buyer shall include the language contained in paragraphs 2 and 3 of this agreement, dealing with Seller’s limitations of warranties and remedies, in an enforceable agreement with Buyer’s buyer, or otherwise include language in an enforceable agreement with its buyer that makes Seller’s limitation of warranties and remedies binding on its buyer. Buyer shall also include a provision in its agreement with its buyer applying Indiana law to any claims its buyer might assert against Seller with respect to goods repaired, manufactured or sold by Seller, and requiring its buyer to bring any such action against Seller either in federal district court in Evansville, IN or the common pleas court for Vanderburgh County, Indiana. Buyer shall defend, indemnify and hold Seller harmless from any and all claims, causes of action, damages, losses or expenses (including reasonable attorneys’ fees) that Seller incurs by reason of Buyer’s failure to comply with this paragraph. 7.PASSAGE OF TITLE. Except with respect to title for vehicles that have a certiﬁcate of title or for equipment vehicles for which the full purchase price has not been paid, title to the products sold hereunder shall pass upon delivery to the carrier at the point of shipment. Neither Buyer nor the consignee shall have the right to divert or re-consign such shipment to any destination other than speciﬁed in the bill of lading without permission of the Seller. Unless otherwise agreed, Seller reserves the right to select the mode of transportation. With respect to title for vehicles that have a certiﬁcate of title or vehicles for which the full purchase price has not been paid to the Seller, title will only transfer on the delivery of the certiﬁcate of title and payments due from the Buyer to the Seller has been paid in full. After the Buyer takes possession of a piece of equipment from the Seller, the risk of loss passes to the Buyer regardless of whether the legal title is transferred to the Buyer. Buyer will indemnify and save harmless the Buyer with respect to any losses, damages, or claims related to the vehicle(s) after the Buyer receives possession of the vehicle(s), including any attorney's fees or costs associated with the indemnity or the enforcement of the Seller's rights herein. THANK YOU FOR CHOOSING BROWN EQUIPMENT COMPANY Page 6 of 8 Brown Equipment Company 2501 S Kentucky Ave Evansville IN 47714 Ph:800-747-2312 www.brownequipment.net Vehicle Quote #Q17690 2/20/2026 8.PAYMENTS AND LATE CHARGES ON PAST DUE ACCOUNTS. Buyer represents that Buyer is solvent and can and will pay for the products sold to Buyer in accordance with the terms hereof. If Buyer shall fail to comply with any provision or to make payments in accordance with the terms of this contract or any other contract between Buyer and Seller, Seller may at its option defer shipments or, without waiving any other rights it may have, terminate this contract. All deliveries shall be subject to the approval of Seller’s Credit Department. Seller reserves the right, before making any delivery, to require payment in cash or security for payment, and if Buyer fails to comply with such requirement, Seller may terminate this contract. A late charge of 1-½% monthly (18% annual rate) or the maximum allowed by state law, if less, will be imposed on all past due accounts. 9.TRANSPORTATION CHARGES. Delivered prices or prices involving competitive transportation adjustments shall be subject to appropriate adjustment to reﬂect changes in transportation charges. 10.CLAIMS BY BUYER. Buyer shall thoroughly inspect products sold under this contract immediately upon receipt to verify for itself that they conform to the speciﬁcations of the contract. Buyer must notify Seller of claims for failure or delay in delivery within 30 days after the scheduled delivery date. Buyer must notify Seller of any claims for nonconforming or defective goods within 30 days after the nonconformity or defect was or should have been discovered. In addition, Seller must be given an opportunity to investigate the claim before Buyer disposes of the material, or else Buyer’s claim will be barred. Seller shall incur no liability for damage, shortages, or other cause alleged to have occurred or existed at or prior to delivery to the carrier unless the Buyer shall have entered full details thereof on its receipt to the carrier. 11.MECHANICAL PROPERTIES; CHEMICAL ANALYSES. Data referring to mechanical properties or chemical analysis are the result of tests performed on specimens obtained from speciﬁc locations of the product(s) in accordance with prescribed sampling procedures; any warranty thereof is limited to the values obtained at such locations and by such procedures. There is no warranty with respect to values of the materials at other locations. 12.PATENTS. Seller shall indemnify Buyer against attorneys’ fees and any damages or costs awarded against Buyer in the event any legal proceeding is brought against Buyer by a third person claiming the material delivered hereunder in itself constitutes an infringement of any U.S. patent, provided Buyer gives Seller prompt notice of any such suit being brought, gives Seller the opportunity to defend any such suit, and cooperates with Seller with respect to any such defense; unless the material is made in accordance with material designs, or speciﬁcations required by Buyer, in which case Buyer shall similarly indemnify Seller. 13.PERMISSIBLE VARIATIONS. The products sold hereunder shall be subject to Seller’s standard manufacturing variations, tolerances and classiﬁcations. 14.TECHNICAL ADVICE. Buyer represents that it has made its own independent determination that the products it is purchasing under this contract meet the design requirements of Buyer’s project and are suitable for Buyer’s intended application. Buyer further represents that it has not relied in any respect on any written or oral statements or advice from Seller, other than the standard product speciﬁcations set forth in the most recent addition of Seller’s published product brochures, in making that determination. 15.TAXES. Any applicable sales, excise and/or use taxes, if any, due under the laws of any state, any local government authority, or the federal government of the United States, in connection with the purchase and sale of any equipment, parts, and/or services shall be the responsibility of the Buyer. 16.BUYER’S RIGHT OF TERMINATION. Buyer may terminate this contract in whole or in part upon notice in writing to Seller. Seller shall thereupon cease work and transfer to Buyer title to all completed and partially completed products and to any raw materials or supplies acquired by Seller especially for the purpose of performing this contract, and Buyer shall pay Seller the sum of the following: (1) the contract price for all products which have been completed prior to termination; (2) the cost to Seller of the material or work in process as shown on the books of Seller in accordance with the accounting practice consistently maintained by Seller plus a reasonable proﬁt thereon, but in no event more than the contract price; (3) the cost f.o.b. Seller’s plant of materials and supplies acquired especially for the purpose of performing this contract; and (4) reasonable cancellation charges, if any, paid by Seller on account of any commitment(s) made hereunder. 17.SELLER’S RIGHT OF TERMINATION. In addition to the other rights of termination provided for in this contract, and if this contract is made pursuant to any governmental rule or regulation, plan, order or other directive, upon the termination thereof, Seller shall have the option of canceling this contract in whole or in part. 18.WAIVER. Failure or inability of either party to enforce any right hereunder shall not waive any right in respect to any other or future rights or occurrences. THANK YOU FOR CHOOSING BROWN EQUIPMENT COMPANY Page 7 of 8 Brown Equipment Company 2501 S Kentucky Ave Evansville IN 47714 Ph:800-747-2312 www.brownequipment.net Vehicle Quote #Q17690 2/20/2026 19.DELIVERY. Unless otherwise agreed to in writing by the Seller, the Buyer hereby agrees to take delivery of the materials on this order within the later of ﬁve (5) days after the wanted date shown on the face of the order or within ﬁve (5) days after notiﬁcation, oral or written, that the materials are ready for shipment. In the event that the Buyer does not arrange to take delivery of the materials in accordance with this Contract, Seller, at Seller’s option, may: (a) invoice the Buyer for the materials less freight if applicable; store the material in Seller’s yard for a period not to exceed sixty (60) days from the date of invoice; charge a storage fee not to exceed 5% per month or fraction thereof of the selling price of the stored materials; add any applicable price increases listed on the face of the order; charge for any repair work to protective coatings harmed by weathering while such material is being stored; and charge applicable freight when shipment to the Buyer is made. Materials remaining in storage after sixty (60) days from the invoice date shall become the property of the Seller for disposition at the Seller’s discretion. In that event, Buyer shall not be liable for the invoice price of the materials, but shall be liable for the storage fee and any repair work to protective coatings; or (b) cancel the order and invoice the Buyer for cancellation charges, which shall be 50% of the selling price of the materials if the materials are standard, in- stock material, or the full selling price if the materials are special or nonstandard in nature and were especially fabricated for the Buyer. 20.PERIOD OF LIMITATIONS. Buyer and Seller agree that any action by Buyer against Seller for a breach of this contract, including any action for breach of warranty, or otherwise in connection with the goods sold under this contract, must be commenced by Buyer against Seller within one year after the cause of action therefore accrues. 21.CONFLICTING PROVISIONS OFFERED BY BUYER. Any terms and conditions of any purchase order or other instrument issued by the Buyer, in connection with the subject matter of this document, which are in addition to or inconsistent with the terms and conditions expressed herein, will not be binding on Seller in any matter whatsoever unless accepted by Seller in writing. 22.SEVERABILITY. In case any provision of this contract shall be declared invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 23.APPLICABLE LAW. This contract shall be governed by, and construed and enforced in accordance with, the laws of the State of Indiana. Buyer and Seller speciﬁcally agree that any legal action brought relating to this contract will be brought and tried in the federal district court in Evansville, Indiana, or, in the absence of jurisdiction, the Vanderburgh County Court of Common Pleas in Evansville, IN. ______________________________________________________________________________________________________________________________ Name(Printed)Signature ______________________________________________________________________________________________________________________________ Title Date THANK YOU FOR CHOOSING BROWN EQUIPMENT COMPANY Page 8 of 8