4.7 SR 04-05-2021Request for Action
To
Item Number
Mayor and City Council
4.7
Agenda Section
Meeting Date
Prepared by
Consent
Aril 5, 2021
Mark Wandersee, Assistant Fire Chief
Item Description
Reviewed by
Fire Department Tender 3 Purchase
Mark Dickinson Fire Chief
Reviewed by
Action Requested
Approve, by motion, the purchase of a 2,000-gallon Tender/Pumper from Midwest Fire for $306,848.00.
Background/Discussion
This Tender/Pumper is one of three pieces of equipment required to staff Station 3. Tender 3 will be built
by Midwest Fire in Luverne, MN. Midwest Fire has a strong working relationship with the City of Elk River
and has produced positive results on our Tender/Pumpers. The fire department has designed this new truck
based off the existing design and functionality of Tender 2 which will standardize Tender operations in all
three stations.
Financial Impact
The $306,848.00 funding is provided through the 2021A Equipment Bonds.
Attachments
■ Purchase agreement
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e
service, and community engagement that encourages and inspires pi ospei ly INAWRE1
916 1
901 Commerce Road • P.O. Box 524 wwwAldwestFire.cor, Luverne, MN 56156 - 1.800.344.2059
PURCHASE CONTRACT
March 31, 2021
Elk River Fire Dept.
13065 Orono Parkway
Elk River, MN 55330
Dear Customer:
We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution
by: Citv of Elk River ("Customer") and an officer of Midwest Fire
Equipment & Repair Co. ("Midwest Fire") the following apparatus and equipment:
One ( 1) All Pol\ 2000 Gallon Tanker Pumper and 2022 International MV607 Chassis
All of which are to be built in accordance with the specifications, clarifications and exceptions attached,
and which are made part of this agreement and contract, to be completed same in: 260 business days after
receipt of truck chassis by Midwest Fire, subject to all causes beyond our control.
Apparatus Proposal Price $ 220,134
Chassis Proposal Price $ 86,714
Apparatus & Chassis Proposal Price $ 3069848
Total Proposal Price:
$ 306,848.00
Customer shall be responsible for taking possession of the apparatus and/or equipment at the Midwest
Fire location in Luverne, Minnesota, unless otherwise agreed to in a writing signed by Midwest Fire and
Customer.
Terms:
A deposit in the amount of: $8,671.00 (10% of the value of the Chassis) shall be paid within 10 business
days upon acceptance of this Proposal by the Customer.
The balance of the value of the chassis: $78,043.00 shall be paid within 10 business days of Midwest Fire
receiving formal notification that chassis is complete from the OEM.
Customer shall be responsible for paying the net cash balance upon acceptance of apparatus.
The amounts in this proposal shall remain firm through April P, 2021. Proceeding contract deadline date,
all pricing and terms are subject to change upon review.
Change Orders:
Any change to the apparatus and/or equipment after the contract is signed will require a change order.
After the freeze date has been communicated by Midwest Fire to the Customer, any change will be
subject to a minimum change order fee of $150 (processing, engineering changes, documentation), plus
the change order cost. Any returned parts may be subject to a restocking fee, and depending on the lead
time of items included on the change order, the completion date of the apparatus may change.
Binding Effect: This contract shall be binding upon and inure to the benefit of the parties hereto and
their respective successors, assigns, heirs, and beneficiaries.
Governing Law: This contract shall be governed by the laws of the State of Minnesota.
Jurisdiction and Venue: Any claims, causes of action, disputes, legal proceedings, or litigation arising
between the parties arising under or in connection with this contract or the formation thereof shall be
brought solely in Rock County, Minnesota. Customer, by entering into this contract, hereby submits and
consents to jurisdiction in the State of Minnesota.
Exclusion of Warranties: EXCEPT AS OTHERWISE PROVIDED TO CUSTOMER IN WRITING,
THERE ARE NO OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON
THE FACE OF THIS CONTRACT, AND CUSTOMER ACCEPTS APPARATUS AND/OR
EQUIPMENT "AS IS."
M1,
Respectfully submitted,
Sarah J. Atchison
President & CEO
Midwest Fire Equipment & Repair Company
We, the Customer, agree to accept the above proposal and hereby enter into the purchase
contract with signature below:
Cite of Elk River Mn
Customer/Business Name (please print)
13065 Orono Parkway, Elk River. MN 55330
Business Address
Mark Dickinson
Printed Name
Signature Date
Fire Chief
Title
NOTICE
FINAL SPECIFICATIONS: Attached you will find the final & comprehensive specifications for your truck. Read
them carefully. This document serves as formal notice that the attached specifications provide the entire scope of
work & design for the truck that Midwest Fire Equipment & Repair Company (Midwest Fire) is manufacturing for
you. Any & all equipment, features, accessories, mounts, graphics, etc. to be included with your truck is/are
detailed in this final specification document.
CHANGE ORDERS: The attached specifications are final & comprehensive. The project design for this truck is officially
frozen (Design Freeze) as of this date. Any future changes must be mutually agreed upon through an official written
Midwest Fire Change Order, executed (signed) by both Midwest Fire & the purchaser. Further, the purchaser
understands that any future design changes may impact both project cost and timeline. Purchaser will hold Midwest Fire
harmless from any potential liability incurred as a result of project delays resulting from any Change Orders.
IF THE EQUIPMENT/ITEM/FEATURE IS NOT DETAILED IN
THE SPECIFICATIONS FOR YOUR TRUCKAND YOUDO NOT
HAVE A CHANGE ORDER, SIGNED BY BOTH YOU &
MIDWEST FIRE, DETAILING THE CHANGE/ADD OF THE
EQUIPMENT/ITEM/FEATURE FOR YOUR TRUCK, IT WILL
NOT BE INCL UDED ON YOUR TR UCK.
FINAL PAYMENT, TRANSFER OF OWNERSHIP & TRAINING: The Purchase Contract states clearly that:
1) at the conclusion of your project & prior to taking possession, you will pay the balance remaining on the
purchase price of your truck, in full.
2) you will take physical possession of the truck & receive any & all training on the operation of your truck
at the Midwest Fire facility in Luverne, Minnesota.
I hereby acknowledge that I have received & fully understand the above information.
Purchaser
Date
W&A-13FIRE