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Home My WebLink About24-40 D Mayor David J. Kaptain J1!Ih City Council Corey D. Dixon E LG I N Dustin R. Good Rosamaria Martinez THE CITY IN THE SUBURBS' Anthony Ortiz Tish S. Powell Carol J. Rauschenberger F.John Steffen Steven F.Thoren City Manager To: Rick Kozal, City Manager Richard G. Kozal From: Aaron Neal, Public Works Director Re: Fleet Purchase Agreement Execution Request Date: October 10, 2024 Attached for your execution are six(6) purchase agreements drafted by our legal department towards the procurement of two (2) vehicles and their respective upfits as well as two (2) upfitting purchases for previously procured 2024 vehicles. The vehicles and upfitting is included within the 2024 resolution for vehicle and equipment procurements approved by the city council on February 28th, 2024. The resolution allows the city manager to execute agreements throughout the year for vehicle and equipment procurement. I've attached the resolution which lists all 2024 equipment approved for procurement. Highlighted within the resolution are the vehicles in which you will be executing contracts for in this instance. In speaking with Deb, funds are available for each of the agreements. 4 now and Ice Vehicle- Chassis Lindco $105,711.00 $Snow and Ice Vehicle - Upfit Lindco $163,811.00 OMeter Shop Van - Upfit Sauber Mfg Co $58,602.00 Sign Truck- Upfit Sauber Mfg Co $81,908.00 E Utilities Flab Bed - Chassis Truck Centers, Inc. $97,614.00 Utilities Flat Bed- Upfit Sauber Mfg Co $37,965.00 Total $545,611 150 Dexter Court, Elgin, IL 60120 847-931-6001 www.cityofelgin.org Resolution No. 24-40 RESOLUTION AUTHORIZING 2024 VEHICLE AND EQUIPMENT PROCUREMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that due to continuing supply constraints within the motor vehicle industry the City Council has determined that an exception to the procurement ordinance is necessary and in the best interest of City in connection with 2024 fleet vehicle and equipment procurements to maintain timely service delivery for core fleet vehicles. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager is hereby authorized to proceed with 2024 fleet vehicle and equipment procurements for the vehicles and equipment set forth in Exhibit A attached hereto and made a part hereof by this reference, in the total amount not to exceed $2,727,768, and that the City Manager is hereby further authorized to execute all necessary and required contracts and other documents for the purchase of such vehicles and equipment in forms as approved by the Corporation Counsel. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that the City Manager is directed to submit to the City Council a year-end written report prior to the end of 2024 reporting on all procurements for 2024 fleet vehicle and equipment purchase pursuant to the authorization provided in this resolution. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 28, 2024 Adopted: February 28, 2024 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk EXHIBIT A 2024 Vehicle Procurements Description npw and Ice Vehicle Snow and Ice Vehicle Utilities-Vactor Utilities- Excavator and Trailer Utilities- Lead Extractor _ LM - Field Tractor(1) LM - Field Tractor(2) Public Works- Equipment General Fleet Replacement Utilities-6 Wheel Dump p Van Land Management - 1 Ton Dump Truck Land Management- 1 Ton Dump Truck Land Management-1 Ton Dump Truck Land Management- Ford Pick Up- F350 Land Management- Ford Pick Up- F350 Land Management- Ford Pick Up- F350 Golf Operations- Ford Pick Up- F350 Utilities-Ford Transit Van PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this e day of V Gtot,2024, by and between the City of Elgin, Illinois, a municipal corporation(hereinafter referred to as "City") and Sauber Manufacturing Company, an Illinois corporation, (hereinafter referred to as "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 Seller shall sell the goods and/or services to the City as described in the 4 page proposal, dated March 7, 2024 attached hereto and made a part hereof as Attachment A. 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. In the event of any conflict between any of the terms and provisions of this Agreement and Attachment A, the terms and provisions of this Agreement shall supersede and control. 3. LAWNENUE. 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 James Sauber, 10 North Sauber Road, Virgil, Illinois 60151-1000 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO 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. 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 Eighty-one Thousand and Nine Hundred and Eight Dollars($ 81,908.00)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. All transportation and delivery shall be at Seller's sole expense. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and 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 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, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 14. WARRANTY. All applicable warranties, including but not 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 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. 2 17. LIMITATION OF ACTIONS. 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. 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 their hands the day and year first above written. SAUBER MANUFACTURING COMPANY CI LOIN Justin Farr / Print N Richard G. Koza , City anager r P 1.:/ Attest: Signatu Ci Cle Sales Title Legal Dept\Agreement\Sauber Mfg Purchase Agr-Sign Truck Uplift-10-1-24.docx 3 ATTACHMENT A Sales Quote Sales Quote Number: SQ13423 SAUBER KUL 10 North Sauber Rd Virgil,IL 601 5 1-1000 Document Date: 03/07/24 Phone 630.365.6600 SAUDERMEIN Page : 1/4 Sell To Ship To Elgin Public Works Elgin Public Works Bob Lenhart Bob Lenhart 1900 Holmes Road 1900 Holmes Road Elgin, IL 60123 Elgin, IL 60123 United States United States Salesperson Shipment Method Payment Terms Bill-to Customer No. Justin Farr Customer Pickup Net 30 Days CO0425 Unit Price Line Amount No. Description Qty. Unit Excl.Tax Excl.Tax Custom Sign Truck Platform& Up-Fit for Elgin Public Works Customer Provided Chassis: Ford F450 84"CA;White;4x4; Reg Cab; Gas PLATFORM 10295 Custom Platform Installation 1 Each 81,908.00 81,908.00 146"L x 96"W Overall-Galvanized 1 3/8"Shiplap Apitong Decking 6"x8.2#/Ft or Formed Perimeter 3"x4.1#/Ft Cross Sills on 24"Centers 5"x6.7#/Ft Long Sills Sealed Beam LED Lighting 18067 Harness System Installation&Modesty Panel 10250 Anti-Sail Mud Flap Brackets-Galv w/Flaps 11028 Truck Equipment Sealed Lighting System Z1193 Formed Tubing Bulkhead 3,840 Units 1 1/2"x 1 1/2"x 3/16"Tubing Construction Profile Approximates Cab Contour Angle LogiPerf Lower Bulkhead-Galvanized 10 Gauge VisiPerf Bulkhead Window Extends From Window Bottom to Bulkhead Top 11111 Bulkhead Mounted Full Width Light Bracket 1 Each Z1252 5592CE Bolt-In Stairway w/3 Steps 1 Each Galvanized w/9.5"W Gripstrut Steps Bump/Tow Z1195 ICC Tube Bumper Sxxxx-4"x8"x.250"Tube-Galv 1 Each Z1217 2" Hitch Receiver Installation 1 Each 15,000#Max Trailer GVWR;2500# MVL D-Rings& 19705 Stainless Eye Bolt For Breakaway Refer to 6921ST- ICC Mount Verify:2"or 2-1/2" Z1215 Truck/Trailer Socket Installation 1 Each Z1663 Red/Lime Chevron Decals Installed @ Rear 1 Each Lift Gate G-PP TT16ETAL Liftgate Size 8626+6 2pc; Power Down; Button Control 1 Each Z1176 Liftgate/Crane Installation 1 Each Sales Quote Sales Quote Number: SQ13423 SAUBER Witt 10 North Sauber RdVirgi,IL 60 1 5 1-1000 Document Date: 03/07/24 Phone 630.365.6600 SMIBERIMIN Page : 2/4 Unit Price Line Amount No. Description Qty. Unit Excl.Tax Excl.Tax 19063 Contactor Wired Hot Through Chassis Switch G-MP Galv Grab Handle- RS Liftgate Up-Right 1 Each MISC 13308 13"L Stainless Steel Grab Handle 2 Each w/5/16"x 1 5/16" Installation Stud Each End R1000 Install Grab Handles: On Toolbox-RS Stairway; Rear Fixed Wall 2 Hour G-MP 2"x2" ID Tube 14"+/-; RS Wheel Well 1 Each Holds Sign Post While Constructing Sign 1818 Almag Outrigger Pad- 1818.SLDDRW 1 Each 21846 Aluminum Underbody Outrigger Pad Holder-1818 1 Each S4335-Fits 1818& 1818-LS R1000 Install Pad Holder - RS Next To Stairway 1 Hour G-MP AL Ladder Storage Rack w/Under Rack Post Storage 1 Each 5"H x 12'L Cavity(Now 12'from 10' Width Matches Ladder Rack) R1000 Install Ladder Rack-LS& Rear Edge 1 Hour G-MP Fixed Galv Wall 26"H x 5'6"L+/-(Ladder Rack Length) 1 Each 11992 93"L Slide-N-Lock-Silver 1 Set Includes(2)Rails w/1/4" x 1 1/2" Flathead Fasteners w/(2)Slides w/Ring per Piece Z1300 Install 5" From Top&5"Off Floor-Trim to Length of Fixed Wall^ 1 Each G-MP AL Flip Down Access Panel 10"H-Aft Bulkhead-LS 1 Each Length= Distance from Bulkhead to Ladder G-MP Tilt Out Post Pounder Bracket -Galv 1 Each Post Pounder Mode: RHINO-GAS R1000 Install Post Pounder Bracket-LS Interior of R2 Toolbox 0.5 Hour 13001 Wilton 4-1/2"Swivel Utility Vise w/Pipe Jaws 1 Each 2 3/4"Throat Depth; Wilton#28818 14853 Heavy Duty Vise Table w/Mount- 14853.SLDDRW 1 Each 18789 Gripstrut Cab Step Set-Galv-7"W x 62"L 124 Each Frame Stiffener Brackets;Capped Gripstrut Ends Clipped Cleanout Lower Corners Main Tool Box 19693 Stainless Steel Tool Box-Double Door 6,318 Each 40"Lx18/34"Dx67"H 14 Gauge Stainless-Tig& Mig Welded G-MP 18"W Steps-Back Side Tool Box 1 Each Z1611 Upgrade Stainless Steel Tool Box to Roll Up Door 2,680 Each Deletes Double Doors&Adds 17872 Aluminum Roll-Up Door w/Stainless Steel Lock Bar G-MP Sign Storage:(4ea)30x30 12x18 24x30 18x24 18x18 1 Each 18150 CTECH Custom Drawer Unit 1 Each Overall: 34"W x 20"H x 15"D Tool Box 19693 Stainless Steel Tool Box-Double Door 2,196 Each 52"Lx18"Dx18"H 14 Gauge Stainless-Tig& Mig Welded ----New RS Toolbox--- 19664 Stainless Steel Tool Box-Single Door 1,952 Each 38"Lx24"Dx26"H+/- Sales Quote Sales Quote Number: SQ13423 SANER MR 10 North Sauber Rd Yrg&IL 60151-1000 Document Date: 03/07/24 Phone 630.365.6600 MINFUIN Page : 3/4 Unit Price Line Amount No. Description Qty. Unit Excl.Tax Excl.Tax Fits Pounder-Not Higher Than Needed Bottom Hinge Along XX"Side 14 Gauge Stainless-Tig&Mig Welded 19665 Stainless Steel Hinges (2)21400 Vector 2 T-Handle Latches 10676 90-Degree Rubber Sealer 21608 Drawer/Shelf Liner 19684-20x3/4"L Stainless Steel Carriage Bolts 101161/4-20 Nylon Insert Lock Nuts 18-8 Z1423 Top Mount Tool Box Installation-RS Against Main Box 1 Each Includes Fasteners&Installation Z1135 Non-Skid Sand Finish Surface-Gray-This Box&Post Base Holder 10 Sq-Ft G-MP 7"H x 7"W x 36"L Post Base Holder 1 Each Bolted To Toolbox @ Floor-Open To Rear-Closed @ Front Post Puller- - 16983 Bumper Mounted Post Puller-Electric 1 Each 10,000#Pulling Power w/91.5"Reach From Pivot Includes 12VDC Pump w/10,000#Jaw Set Adds 300#Net to Vehicle Weight Electrical/Lighting 19718 LED Beacon-Amber/Clear Square Split Color 2 Each Class 1;Clear Housing;6.5"W x 3.3"H;8.6A R1000 Install Beacons-Light Bar Ends 4 Hour 19721 LED Strobe-Amber/Clear Split Color-Flush Mount 6 Each R1000 Install Strobes:(1)Center Each Side;(2)Front;(2)ICC Bumper 9 Hour 18922 15"L Strip S/T/T Lamp w/.180 Bullet 2 Each 18826 Model 3410 LED Safety Director 1 Each 3A;9 Flash Patterns;48"Lx2.5"Hx1.9"D R1000 Install Director-Centered-Light Bar-Controller Cab 6 Hour G-PP E41 TecNiq 34"L Flex LED Light Strip 1 Each R1000 Install Strip Light-Vertical-Main Tool Box 3 Hour 11114 OEM Truck Backup Camera Installation/Relocation 1 Each Installs Chassis Provided Camera&Harness @ Rear In Modesty Panel Z1428 Wire Above to Upfitter's Switch 3 Each w/Wiring&Placard Label:"Strobes" Label:"Compt" Label:"Cargo" 18274 4"LED Chrome 12VDC Work Light 1 Each R1000 Install Work Light-Under Arrow Stick-Cargo Illumination 3 Hour Fold Out Platform Z1443 Aluminum Fold Out Sign Platform 1 Each Installation-38"W x 34"D w/Safety Rail& Diamond Back Decking-S4618/S4612-7 Placard Placed in Best Location Main Tool Box Inveter 19355 Power Sine Wave Inverter 5000 Watt 1 Each Schneider Electric 813-5000-UL Sales Quote Sales Quote Number: SQ13423 SABER ,(� N Sa r Rd ei Virgllr ILorth 60151-1000 Document Date: 03/07/24 Phone 630.365.6600 SAMMEIN Page : 4/4 Unit Price Line Amount No. Description Qty. Unit Excl.Tax Excl.Tax Wired Remote On/Off Switch Z1428 Wire Above to Upfitter's Switch-Inverter-If Possible 1 Each w/Wiring& Placard Label: "Inverter" 21575 925 CCA AGM Sealed Deep Cycle Battery 2 Each 21596 Poly 925 CCA AGM Battery Box w/Lid 2 Each Z1301 Install Batteries: Best Location Inverter:Above CTECH 1 Each 19433 50'x12/3 Yellow Cord Reel w/Duplex Box&Cover 1 Each R1000 Install Reel-On Shelf Above CTECH 2 Hour Z1167 Duplex Outlet Installed-20A- Modesty Panel 1 Each End Up-Fit Z1295 Customer Approval Drawing @ Order 1 Each Subtotal (USD): 81,908.00 Total Tax (USD): 0.00 Total (USD): 81,908.00 XCe-ti,42 % uuv 3//7/2.--11