The URL can be used to link to this page

Home My WebLink About25-0821 Atlas Bobcat David J. Kaptain 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: Execution of one (1) Purchase Agreement or Fleet and Equipment Procurement Date: August 21, 2025 Attached for your execution is one (1) purchase agreement, drafted by our legal department, for the procurement of one (1) Cronkhite 6300A Deck Over Wheels Design — Dual Tandem - 37,000 LB GVWR - 32,000 LB Axle Capacity LIPPERT-96" x 18' + 5' Beavertail trailer from Atlas Bobcat LLC, Inc in the amount of$30,798.This agreement is in accordance with and included within the approved Resolution No.25-31, adopted on February 26,2025,which authorizes the City Manager to execute agreements throughout the year for fleet and equipment purchases. Earlier this year you have executed agreements representing a total of$4,472,917 out of the$4,928,500 in funds authorized under the resolution. This fifth submission and request for execution includes an additional $30,798 of budgeted funds which will bring the YTD total to $4,503,715 of the $4,928,500 authorized. For your reference, I have also attached a copy of the resolution. I have confirmed that funds are available for this agreement from Utility Department account 401-4002- 771.92-46. Singular agreements for signature is: Atlas Bobcat LLC. - $30,798 Total: $30,798 Please let me know if you have any questions or require further information. Additional agreements are forthcoming and will include the same level of detail included here. 150 Dexter Court,Elgin, IL 60120 847-931-6001 www.cityofelgin.org Resolution No. 25-31 RESOLUTION AUTHORIZING 2025 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 2025 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 2025 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 $4,928,500, 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 2025 reporting on all procurements for 2025 fleet vehicle and equipment purchase pursuant to the authorization provided in this resolution. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 26, 2025 Adopted: February 26,2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis,City Clerk EXHIBIT A 2025 VEHICLE PROCUREMENT Description Street Sweeper Snow & Ice Vehicles(2) Police Vehicles and Upfit (multiple) Four(4) Ford Hybrid Vehicles Five(5) Ford Hybrid Vehicles 15 Passenger Van Pickup Truck Pickup Truck General Fleet Replacement(Multiple) Trailer for Road Plates/Shoring Body& Plow Upfit Van Excavator/Trailer Van Pickup Truck 1-Ton Pickup Truck Box Truck Flatbed Six Wheeler Pick up Truck and 1 Ton Dump General Equipment Forestry Chipper PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 21st day of August , 2025. by and between the City of Elgin. Illinois, a municipal corporation (hereinafter referred to as "City") and Atlas Bobcat, LLC, a Delaware 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 two (2) page proposal dated April 7, 2025, Quote No. 0007441, attached hereto and made a part hereof as Attachment A, and as provided by the Sourcewell Contract #020223-CEC, 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 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 Atlas Bobcat, LLC, 1815 Landmeier, Elk Grove Village, IL 60007 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. 1 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 Thirty Thousand Seven Hundred Ninety-Eight Dollars and No Cents ($30,798.00) 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. 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 not limited to any and all applicable manufacturer's warranties, warranties of merchantability,and warranties of fitness for 2 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. 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 their hands the day and year first above written. ATLAS BOBCAT, LLC C LGIN Todd Swartz Print Name Richard G. Kozal, City Manager Attest: Signatu Sales Manager Title ity Clerk 3 ATTACHMENT A QUOTATION PREPARED BY CRONKHITE INDUSTRIES, LLC DATED APRIL 7, 2025, QUOTE NO. 0007441 -TWO (2) PAGES (TO BE INSERTED) II1nIcIilhU' QUOTATION INDUSTRIES,INC. 2212 Kickapoo Drive Danville,Illinois 61832 PHONE(217,1443.3700 FAX(217)443.3778 TO: SHIP TO: ATLAS BOBCAT LLC City of E-lgir 1815 LANDMEIER ELK GROVE VLLG, IL 60007 (847)678-3450 Fax: (847)678-3587 AT IN Todd Swartz ATTN Quote No. Date Cust No S/M Your Referenced Inquiry Delivery Estimate F.O.B. Expiration 0007441 4/7/2025 ATLO01 1 YOUR RFQ 16+WEEKS NFl 30 Item Quantity UM Part Description Price Extension S S 001 1 00 EA M-6300 6300A 30.690 0000 Deck Over Wheels Design-Dual Tandem-37,000 LB GVWR- 32.000 LB Axle Capacity LIPPERT-96"x 18'•5' Beavertail-2"Oak Deck- Spring Assist Rugged Ramps- Single 12K SL Sidewind Jack- 215/75R17.5(H)Tires on 8-Bolt-275 mm Wheels 002 1 00 HUTCH SUSPENSION HUTCH 9700 SUSPENSION PIERCED MAINFRAME TORQUE TUBE' 003 1 00 EA M-6300W 102"DECK WIDTH 556.0000 NOTE OVERALL WIDTH OF TRAILER OUTSIDE OF D-RINGS ESTIMATED AT 105.5" 004 ' ::) M-6300L25 25'DECK LENGTH 1.812 0000 (ADDING 7'TO FLAT DECK) 005 ' CG M-6300DB7 DOULBLE BREAK BEAVERTAIL 1,260 0000 APPROX 7 Ft.IN LENGTH 006 ' 00 EA M-6300DR TIE DOWN RING-3/4" 16 TOTAL.(8 PER SIDE) 6 ON FLAT,1 AT END OF FIRST BREAK. 1 AT END OF BEAVERTAIL 007 00 M-6300WR 2-RAMPS,APPROX 28"WOE 1 155 6000 X 60"LONG SPRING ASSIST RAMPS TO LAY ON BEAVERTAIL 008 1 00 EA M-6300CBL CHAIN BASKET WITH LID OPTION 565 0000 Page: 1 By: i1nE1ilhU' QUOTATION INDUSTRIES,INC. -- - - 2212 Kickapoo Drive Danville.Illinois 61832 PHONE(217)113.3700 FAX(217)443.3778 TO: SHIP TO: ATLAS BOBCAT LLC ATLAS BOBCAT LLC 1815 LANDMEIER 1815 LANDMEIER ELK GROVE VLLG,IL 60007 ELK GROVE VLLG,IL 60007 (847)678-3450 Fax (847)678-3587 (847)678-3450 Fax: (847)678-3587 AT I N Todd Swartz ATTN Quote No. Date Cust No S/M Your Referenced Inquiry Delivery Estimate F.O.B. Expiration 0007441 4,7,2025 ATL001 YOUR RFQ 16+WEEKS NET 30 Price Extension Item Quantity UM Part Description S S 009 1 CO EA M-TC 4B-PE 4 BOLT PINTLE EYE 3"4 BOLT Pr1 N 010160 010 1 00 EA M-PLUG 7WSEMI 7-WAY SEMI PLUG 10051 011 ' 01 EA M-6300BLK BLACK PAINT OPTION 012 1 00 EA M-GOV DISC GOVERNMENT DISCOUNT 810 0000- DEALER MUST PROVIDE CRONKHITE WITH A COPY OF THE PURCHASE ORDER FROM THE MUNICIPALITY OR GOVERNMENT AGENCY TO RECEIVE DISCOUNT City of Elgin 800 1 00 FREIGHT FREIGHT CHARGES 650 0000 Total for Quote 30,625.00 Plates 173.00 Total 30,798.00 Sourcewell 020223-CEC Page: 2 By: