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Home My WebLink About25-31 Mwor 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 Mari p,,er To: Rick Kozal, City Manager Richard G. Kozal From: Aaron Neal, Public Works Director Re: Execution of one (1) Purchase Agreement for Fleet and Equipment Procurement Date: July 23, 2025 Attached for your execution is one (1) purchase agreement, drafted by our legal department, for the procurement of one (1) Caterpillar Model: 308-07A Mini Hydraulic Excavator from Altorfer Industries, Inc in the amount of $164,165. 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 $4,308,752.30 out of the $4,928,500 in funds authorized under the resolution. This fourth submission and request for execution includes an additional $164,165 of budgeted funds which will bring the YTD total to $4,472,917 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: Altorfer Industries, Inc. - $164,165.00 Total: $164,165.00 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 2 day of J , 2025, by and between the City of Elgin, Illinois,a municipal corporation (hereinafter referred t s "City") and Altorfer Industries, Inc., a Delaware 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: l. PURCHASE. City shall purchase, and Seller shall sell the goods and/or services to the City as described in the 4 page proposal, dated April 14, 2025 attached hereto and made a part hereof as Attachment A, and as provided by the Sourcewell Caterpillar Contract #032119 CAT, incorporated 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 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 One Hundred Sixty-four Thousand One Hundred and Sixty -five Dollars ($164,165.00) 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. 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. ALTORFER INDUSTRIES, INC. CI ELGIN 0.AACLOIT. WNa k Print Name Richard G. Kozal, ity anage Attest: Signature hi‘‘‘A Title Ity Clerk Legal Dept\AgreemenMltorfer Industries,Inc-Purchase Agr-CAT-6-I6-25.docx 3 Quote 129927-01 ALTORFER CT 129927-01 April 14. 2025 CITY OF ELGIN / CIO ACCOUNTS PAYABLE ' 1900 HOLMES n01 4 ELGIN, IL 60120 .„ Attention: Tom Corbett { S ro • Dear Tom, We would like to thank you for your interest in our company and our products and are pleased to quote the following for your consideration. ONE(1) NEW CATERPILLAR MODEL: 308-07A CR MINI HYDRAULIC EXCAVATOR WITH ALL STANDARD EQUIPMENT IN ADDITION TO THE ADDITIONAL SPECIFICATIONS LISTED BELOW: STOCK NUMBER:Y01144 SERIAL NUMBER:0GG811657 YEAR: 2025 SMU:4.20 We wish to thank you for the opportunity of quoting on your equipment needs.This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me. In closing,we do greatly appreciate this opportunity to earn your business.We are confident that our products, backed by our unparalleled product support after the sale,will exceed your expectations. Sincerely, &Lavok& ..roiAzu#4.4, Claudia Tonelli Machine Sales Representative Page 1 of 4 Quote 129927-01 ONE(1) New Caterpillar Model: 308-07A CR MINI HYDRAULIC EXCAVATOR WITH ALL STANDARD EQUIPMENT IN ADDITION TO THE ADDITIONAL SPECIFICATIONS LISTED BELOW: STANDARD EQUIPMENT POWERTRAIN-CAT C3.3B diesel engine-US EPA Tier 4 Final/EU Stage V/-China NR III-ISO 9249/EEC 80/1270-Rated net power 55kW/72hp-Electronic engine, turbo, DPF-Automatic engine idle-Automatic engine shut-off-Automatic swing brake- Automatic two speed travel-Fuel water separator with indicator-Radial seal air filter-Double element with warning indicator- Extended life coolant-37C UNDERCARRIAGE-Greased and lubricated track-Hydraulic track adjusters-Tie down eyes on track frame- HYDRAULICS-Smart tech electronic pump-Variable displacement piston pump-Load sensing/flow sharing hydraulics-Power on demand-Hydraulic temperature monitoring-Accumulator-certified-Hydro advanced hydraulic oil- ELECTRICAL-90 ampere alternator-850 CCA maintenance free battery-Battery disconnect-Circuit breaker-Ignition key stop switch-Signaling/warning horn-Work lights—Cab, boom left,front right—Courtesy safety light- OPERATOR ENVIRONMENT-Sealed and pressurized cab-Ergonomic joysticks control levers-Adjustable wrist rests-Air conditioner/heater with defroster&-Automatic temp control-Coat hook-Color LCD monitor: —Fuel level, coolant temp, &warning- indicators—Maintenance and machine monitoring —Performance&machine adjustments--Numeric security code—Multiple languages—Hour meter--Ground level wakeup switch—Jog dial control interface-Cup holder-Hydraulic lockout for all controls- LED interior light-Literature holder-Mirror rear view-Cab left-Molded footrests-Openable front windshield with assist&-integrated lower window-Rear window emergency exit-Removable washable floor mat-Retractable seat belt-Seat, fabric, high back, suspension-Travel control pedals with hand levers-Utility space for mobile phone-Front post mounted windshield wiper&-washer -Skylight-Mounting bosses for front&top guard FLUIDS-Extended life coolant-37C-Hydro advanced hydraulic oil OTHER STANDARD EQUIPMENT-Accumulator, certification-Caterpillar corporate"one key"system-Door locks on cab door and external-enclosure doors-Lockable fuel cap-Beacon Socket-Ecology drain-engine-Radial seal engine air filter, double-element with restriction indicator-Side by side engine&hydraulic oil-cooler-Hydraulic fluid temperature monitoring -Joystick travel and steering mode-Travel cruise control-High definition hydraulics—load sensing/flow sharing-Power on demand-Rear reflectors-Roll over protective structure(ROPS)-(ISO 12117-2)-Product link elite lite(regulations-apply)-Auxiliary hydraulic lines: — 1-way and 2- way(combined function)—Auxiliary line quick disconnects—In cab adjustable auxiliary flow--Continuous flow- (it I- nil .1, la •- �., Page 2 of 4 Quote 129927-01 MACHINE SPECIFICATIONS 308 07A CR MHE CFG14A 658-8373 DRAIN, ECOLOGY 382-8757 ALARM, TRAVEL 511-6157 LIGHTS, LED 511-6217 ELECTRICAL ARR, C3.3 HRC 511-6253 308 07A CR MINI EXCAVATOR 512-1401 HYDRAULIC AR 512-1420 UNDERCARRIAGE AR 512-1441 CHASSIS AR 512-1513 LUBRICANT GP 544-2949 FILM GP-QR 624-4514 BOOM, SWING 512-2573 LINES. BOOM 514-8055 LINES. STICK 514-8067 ENGINE, EPA TIER 4 FINAL 518-6184 SOFTWARE, PROPORTIONAL CONTROL 557-1709 SOFTWARE, STICK STEER CONTROL 557-1710 SOFTWARE, 2 WAY CONTROL 557-1711 SOFTWARE, CODED START 557-1713 LANE 2 ORDER OP-9002 STICK, LONG, 2ND AUX 563-2083 EOU BKT LINK WITH EYE, 8T 605-3290 CYL GP-LINES& 521-2883 EOU BKT LINK WITH EYE, 8T 606-6545 STD BLADE, STD U/C, TG W/PAD 562-3698 EOU HARDWARE, 8 TON 605-5217 WIRING GP 604-0127 SENSOR GP-MTG& 605-6979 SENSOR GP-MTG& 605-6980 SENSOR GP-MTG& 605-6982 SENSOR GP-MTG& 605-6984 SENSOR GP-MTG& 605-6982 SEAT. AIR SUSP, FABRIC. HEATED 510-6070 BELT. SEAT, 3" RETRACTABLE 510-6085 INTEGRATED RADIO V2 639-4467 MONITOR NEXT GEN. ADVANCED, CR 511-6177 PRODUCT LINK, CELLULAR PLE643 628-8023 CAT KEY. WITH PASSCODE OPTION 522-6460 COUNTERWEIGHT. EXTRA, 550LBS 525-6657 CAMERA, REAR VIEW 511-6235 INSTRUCTIONS,ANSI 523-3993 SERIALIZED TECHNICAL MEDIA KIT 421-8926 SEA, E-FENCE SOFTWARE 614-8128 SEA, INDICATE SOFTWARE 614-8131 LIGHT. REAR, LED 511-6211 HEATER,WATER JACKET 415-2556 CONTROL, QC, 3 LINE 520-0778 LINES. QC. LNG STK, 3 LINE 516-1613 DEALER PDI SERVICES-STANDARD 590-9287 Page 3 of 4 Quote 129927-01 WORK TOOLS COUPLER, PG, HYDR.D.LOCK,7-9T 485-5302 THUMB, HYDRAULIC,7-9T,LINK,PG 305-6745 HAMMER, H95S 561-2555 HAMMER LINES, H80-H95, MHE 7-10T 397-2420 HAMMER BRACKET, MHE 7-9T,50MM,XL 564-9840 ATTACHMENT PINS, BUCKET,50MM(4 SETS) 308-0324 WARRANTY&COVERAGE Standard Warranty: 24 Months/2,000 Hours Full Machine Standard Warranty Extended Coverage: 308-60 MO/2000 HR POWERTRAIN +HYDRAULICS+TECH LIST PRICE $206.502.00 WERK-BRAU 12" SPADE TOOTH BUCKET 5.0 FT3 $2.374.00 WERK-BRAU 24" SPADE TOOTH BUCKET W SIDE CUUTERS 9.2 FT3(X2) $6,570.00 WERK-BRAU 24" STANDARD TOOTH BUCKET 9.2 FT3 $2.740 00 WERK-BRAU 12" STANDARD TEETH W SIDE CUTTERS 5.0 FT3 $2,124.00 WERK-BRAU 36" SPADE TEETH 14.4 FT3 $3,745.00 PROGRAM OF THE ADDITIONAL BUCKETS $1,200 00 HAMMER, H95S $20.480.00 FREIGHT& DEALER PREP $4,040.00 SOURCEWELL GOVERNMENTAL DISCOUNT ($58,910.00) NET BALANCE DUE $190,865.00 ADDITIONAL DISCOUNT ($3,000.00) TRADE IN VALUE(CASE 590SM JJG0288404) ($22,500.00) TRADE IN BUCKETS ($1,200.00) AFTER TAX BALANCE $164,165.00 ADDITIONAL CONSIDERATIONS • Delivery is out of our inventory and subject to prior sale. F.O.B/TERMS: Customer Site ALTORFER CAT Page 4 of 4