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Home My WebLink About26-21 Traffic Control & Protection Mayor David J. Kaptain III City Council Diana Alfaro Corey D. Dixon E LG I N Dustin R.Good Rosamaria Martinez THE CITY IN THE SUBURBS- Anthony Ortiz Tish S. Powell F.John Steffen Steven F.Thoren City Manager Richard G. Kozal To: Richard G. Kozal, City Manager From: Aaron Neal, Director of Public Works Re: Execution of two (2) Purchase Agreements for 2026 Fleet Procurement Authorization Date: September 4, 2026 Attached for your execution are two (2) purchase agreements, drafted by our legal department in the total amount of$626,653.88. These agreements are in accordance with, and the vehicle and equipment specified is included within approved Resolution No. 26-21, adopted by the City Council on February 11, 2026 which authorizes the City Manager to execute agreements throughout the year for certain fleet and equipment purchases. These agreements represent the seventh submission towards the expenditure of authorized funds in 2026 which total$4,477,000.00.This submission and request for execution will bring the remaining authorized fund balance to$741,614.92 and will established a YTD expenditure total of$3,735,385.08. For your reference, I have also attached a copy of the resolution. Funds are available for these agreements from multiple budgeted accounts included within the original $4,477,000.00 allocation. The partially executed agreements which require execution are: Traffic Control and Protection LLC. $38,104.90 Donlon Equipment Advisors Inc. $588,548.98 Total: $626,653.88 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. 150 Dexter Court, Elgin, IL 60120 847-931-6001 www.elginil.gov Resolution No. 26-21 RESOLUTION AUTHORIZING 2026 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 2026 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 2026 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 $4,477,000, 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 2026 reporting on all procurements for 2026 fleet vehicle and equipment purchase pursuant to the authorization provided in this resolution. s/David J. Kaptain David J. Kaptain,Mayor Presented: February 11, 2026 Adopted: February 11,2026 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk EXHIBIT A 2026 VEHICLE PROCUREMENT DESCRIPTION Maint Vehicles for Building Maintenance $174.000.00 Neighborhood Services Department NS Fleet Replacement $176,000.00 DCASE DCASE Pick-up Truck $70,000.00 LM New Explorer for City Forester $50.000.00 LM Lords Park Vehicle Replacements $65.000.00 New F-350 truck for Land LM Management Center City Crew $63,000.00 Net New Vehicles for Sports Rec Complex $130.000.00 Parks and Recreation Cargo Van T- Rec 350 $55,000.00 2026-2028 General Fleet PW Replacement $750.000.00 PW 2026-2028 PW General Equipment 200.000.00 Street Sweeper Replacement PW Program - Final Year $475,000.00 Police Vehicles $753,000.00 DCASE DCASE drop-deck trailer $24,000.00 Lords Park 10 Ft Mower LM Replacement Toro 4000-D $100,000 Wing Park Large Area Mower Replacement Z Master 7500-D LM Yanmar 44HP 144 Inch SD $75,000 Wing Park and Lords Park LM Gator/UTV replacement $50.000 SC- Elgin Sports Complex Utility REC Vehicle with Attachments $67,000 Utilities Sewer Dept Vactor $650.000 Vehicles- Water Department Util (Utility) $550.000.00 $4.477,000.00 PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this day of ,2026, by and between the City of Elgin, Illinois,a municipal corporation(hereinafter referred to as "City") and Traffic Control&Protection,LLC d/b/a High Star Traffic,an Illinois Limited Liability Company (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 one (1) page Quote, dated August 13.2026,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. 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 C T Corporation System,208 S LaSalle St., Ste 814,Chicago,Illinois 60604-1101 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 seg.), 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 Thirty-Eight Thousand One Hundred and Four Dollars and Ninety Cents($38,104.90)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. DELIVERY. Seller shall deliver the goods as described in Paragraph 1 above within 12/31/26 of the Effective Date of this Agreement. 12. 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. 13. 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. 14. 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. 2 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. TRAFFIC CONTROL&PROTECTION CI ELGIN DB/A HIGH STAR TRAFFIC Nicolette Blunk Print Name Richard oza City Man Signature Ci Clerk Senior Manager of Sales&Sign Production Title Legal DepMW4recmc nVligh Star Traffic-Traffic Control-Purchase Agr8-27.26.docx 3 y� High Star Traffic Quote H i g h Star Traffic Control &Protection 225 Miles Parkway Date Quote No Bartlett, IL 60103 8/13/2026 11804 An Equal Opportunity Employer Phone 630-293-0026 Customer Ship To Elgin City of Elgin City of Attn Public Works Attn Public Works 1900 Holmes Rd 1900 Holmes Rd Elgin, IL 60123 Elgin, IL 60123 Terms Rep FOB Shipping Method Estimated Ship Pape Date Net 30 NMB Factory Best Way ! 1 1ED Solar Tech Messenger II Full Matrix Message Board 2 18,092.45 36,184.90* - 54" x 92" Case - EZ Fold , 160 Watt Solar Array -4 Standard Batteries w/ Hold Down - Battery Charger -2" Ball Coupler - USA w/Cell & GPS Freight 1.00 1,920.00 1,920.00* * means item is non-taxable TOTAL AMOUNT 38,104.90 CUSTOMERS ARE RESPONSIBLE FOR SECURING AND STRAPPING OF THEIR ORDER Orders for custom products cannot be cancelled or returned once an order has been placed. Return Period 30-180 Days. Ship Date / / of Packages - _ Weight Delivered By Customer Signature