07-85 Resolution No. 07-85
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
STANDARD EQUIPMENT COMPANY FOR PURCHASE OF
ELGIN STREET SWEEPERS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Standard Equipment Company,
for purchase of two Elgin Pelican Street Sweepers, a copy of which is attached hereto and made a
part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 11, 2007
Adopted: April 11, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
AGREEMENT WITH STANDARD EQUIPMENT COMPANY
FOR PURCHASE OF TWO ELGIN PELICAN STREET SWEEPERS
This Agreement is made and entered into this day of March, 2007 by and between the City of
Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of
Illinois, and Standard Equipment Company, incorporated in the state of Z�l���,s , and having a
principal place of business at 2033 West Walnut Street, Chicago, Illinois 60612 ("the
CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement,the
Request for Proposals (RFP) including all documents referenced therein and the Contractor's
Proposal response dated January 26, 2007, (Proposal) thereto incorporated by reference herein and
made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in
accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between
this Agreement and the Proposal documents, the Proposal documents shall supersede this
Agreement.
ARTICLE IL DURATION AND COMPENSATION. The CONTRACTOR shall commence the
performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The
work shall be complete when the CONTRACTOR has provided and delivered the two street
sweepers to the CITY. Compensation to the CONTRACTOR shall be in the amount of S136,656.00
for One-2007 Elgin Pelican NP street sweeper and S129,552.00 for One-2007 Elgin Pelican P street
sweeper,with the total compensation not to exceed Two Hundred Sixty-Six Thousand Two Hundred
Eight Thousand Dollars (S266,208).
ARTICLE III. TERMINATION. The following shall constitute events of default under THIS
CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY,b) any
failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including,
but not limited to,the following: (I) failure to commence performance of THIS CONTRACT at the
time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR'S
reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and
equipment.or with sufficient material to ensure the completion of THIS CONTRACT within the
specified time due to a reason or circumstance within the CONTRACTOR's reasonable control,(iii)
failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure
to promptly re-perform within reasonable time the services that were rejected by the CITY as
erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT,
including,but not limited to the Affirmative Action requirements,and(vi) any other acts specifically
and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The
CITY may terminate THIS CONTRACT for its convenience upon fourteen (14) days prior written
notice.
ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for goods or services,the
CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as
directed by the Purchasing Director, incurred by the CITY as a consequence of procuring goods or
services as a result of any failure,omission or mistake of the CONTRACTOR in providing goods or
services as provided in THIS CONTRACT.
ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject
to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein
does not conform to such laws or ordinances, such clause shall be void(the remainder of the contract
shall not be affected) and the laws or ordinances shall be operative in lieu thereof.
ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against
any employee or applicant for employment because of race, color, religion, sex, ancestry, national
origin, place of birth, age or physical handicap which would not interfere with the efficient
performance of the job in question. The contractor will take affirmative action to comply with the
provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to
the CITY a written commitment to comply with those provisions. The CONTRACTOR will
distribute copies of this commitment to all persons who participate in recruitment,screening,referral
and selection of job applicants and prospective subcontractors.
ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any
interest in THIS CONTRACT without prior written consent of the CITY.
ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT,except in
writing and executed with the same formalities of the original.
ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in writing and shall
be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or
registered, return receipt requested, addressed, if to CONTRACTOR, at the address set forth above
to the attention of the project manager or undersigned representative, and if to the City, to the
attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or
authorized representatives as either party shall designate in writing to the other in the manner herein
provided.
ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law,Contractor 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 Contractor or Contractor'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.
ARTICLE XI. PUBLICITY. The CONTRACTOR may not use,in any form or medium,the name
of the City of Elgin for public advertising unless prior written permission is granted by the CITY.
ARTICLE XII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending
December 31. The obligations of the CITY under any contract for any fiscal year are Subject to and
contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in
that fiscal year and authorization to spend such funds for the purposes of the contract.
If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the
CITY'S obligations under the contract are not appropriated and authorized, then the CONTRACT
shall terminate as of the last day of the preceding fiscal year, or when such appropriated and
authorized funds are exhausted, whichever is later, without liability to the CITY for damages,
penalties or other charges on account of such termination.
The person signing THIS CONTRACT certifies that s/he has been authorized by the
CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute
THIS CONTRACT on its behalf.
IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written.
CONTRACTOR CITY OF ELGIN
STANDARD EQUIPMENT COMPANY
Name and Title Olufemi larin
City Man
FALegal Dept\fonns\Bid Doc-Agreement-StandardEquipment-StSweeprs.doc
3
2033 WEST WALNUT STREET • CHICAGO, IL 60612 • 312/829-1919 • FAX 312/829-6142
E-MAIL:sales @standardequipment.com • INTERNET: http.://www.standardequipment.com
AN
MR NMI
E Q I P M E N T CO M P A N Y
Mr. John Loete January 26, 2007
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, IL 60120
Dear Mr. Loete,
Standard Equipment Company is pleased to present the following quote on a 2007 Elgin
Pelican NP with equipment shown. This quote is valid for 60 days from today's date.
2007 Elgin Pelican NP includes:
Dual gutter brooms Hydraulic mainbroom suspension
Clearance lights Hydrant wrench
AM/FM Stereo Beacon protector
Conveyor cleanout Sprung guide wheel
Conveyor stall alarm Low water light
Two front defroster fans Anti-siphon water fill
• Front jack pads Arrowstick
Sliding rear windows RH Side broom tilt
LH Side broom tilt Air restriction gauge indicator
Beacon light . Dual limb guards w/crossbar
.Silicone hoses for JD Engine Intermittent wiper
Auto shutdown w/ alarm Air conditioning
2 rear flood lights RH Bostrom.air ride seat
LH Bostrom air ride seat Hydraulic level shutdown
Additional 40 gallon water tank XGS Autolube
Air precleaner Auto pickup in reverse
2 alternating strobes in battery cover Fleetminder
LED Rear turn/tail/brake Painted white
1 day operator/maintenance training 1 factory mechanics training
TOTAL PRICE* $156,656.00
LESS TRADE OF PELICAN SN P-3047-D: $ -20,000.00
TOTAL NET: $136,656.00
*INCLUDES FACTORY DISCOUNT.
If you have any question regarding this quote, please contact me at (312) 829-1919.
Best regards,
STANDARD EQU MENT COMPANY
i'J iller
Sales Representative
1111 WEST WALNUT STREET • CHICAGO, 11 11111 • 312/829-1919 ^ FAX 3121829-6142
E-MAIL:sales@standardequipment.com • INTERNET: http://www.standardequipment.com
•
E Q U I P M E N T COMPANY
Mr. John Loete January 26, 2007
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, IL 60120
Dear Mr. Loete,
Standard Equipment Company is pleased to present the following quote on a 2007 Elgin
Pelican P with equipment shown. This quote is valid for 60 days from today's date.
2007 Elgin Pelican P includes:
Dual gutter brooms Hydraulic mainbroom suspension
Clearance lights Hydrant wrench
AM/FM Stereo Beacon protector
Conveyor cleanout Sprung guide wheel
Conveyor stall alarm Low water light
Two front defroster fans Anti-siphon water fill
• Front jack pads Arrowstick
Sliding rear windows RH Side broom tilt
LH Side broom tilt Air restriction gauge indicator
Beacon light Dual limb guards w/crossbar
Silicone hoses for JD Engine Intermittent wiper
Auto shutdown w/ alarm Air conditioning
2 rear flood lights RH Bostrom air ride seat
LH Bostrom air ride seat Hydraulic level shutdown
Additional 40 gallon water tank XGS Autolube
Air precleaner Auto pickup in reverse
2 alternating strobes in battery cover Fleetminder
LED Rear turn/tail/brake Painted white
1 day operator/maintenance training 1 factory mechanics training
TOTAL PRICE* $149,552.00
LESS TRADE OF PELICAN SN P-3048-D: $ -20,000.00
TOTAL NET: $129,552.00
*INCLUDES FACTORY DISCOUNT.
If you have any question regarding this quote, please contact me at (312) 829-1919.
Best regards,
S ALDAR E U�MPANY
• `im Miller
Sales Representative
MAR-16-200'7(FRI) 12.56 P. 002/002
LIMITED WARRANTY
Each machine manufactured by ELGIN SWEEPER COMPANY("ESCO"or the"Company")is warranted against
defects in material and workmanship for a period of 12 months provided the machine is used in a normal and
reasonable manner. This limited warranty is applicable only to the original user-purchaser for a period of twelve(12)
months(as measured from the date ordelivery to the original user-purchaser)and is not transferable.
During the Limited Warranty Period ESCO will cause to be repaired or replaced,as the Company may elect,any part or
parts of such machine that the Company's examination discloses to be defective in material or workmanship.
Repairs or replacements are to be made at the selling Elgin distributor's location or at other locations
approved by ESCO.
The ESCO Limited Warranty shall not apply to:
1.Major components or trade accessories such as but not Iimited to,trucks,engines,hydraulic pumps and motors,tires
and batteries that have a separate warranty by the original manufacturer.
2.Normal adjustments and maintenance services.
3.Normal wear parts such as but not limited to,brooms,oils,fluids,filters,broom wire,shoe runners,rubber deflectors
and suction hoses.
4.Failures resulting from the machine being operated in a manner or for a purpose not recommended by ESCO.
5.Repairs,modifications or alterations without the exprem written consent of ESCO,which in the Company's sole
judgment,have adversely affected the machine's stability,operation or reliability as originally designed and
manufactured.
6.Items subject to misuse,negligence,accident or improper maintenance.
*NOTE*The use in the product of any part other than parts approved by ESCO may invalidate this warranty.ESCO
reserves the right to determine,in its sole discretion,if the use of non-approved parts operates to invalidate the
warranty, Nothing contained in this warranty shall make ESCO liable for loss,injury,or damage of any kind to any
person or entity resulting from any defect or failure in the machine.
TO THE EXTENT LIMITED BY LAW,THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED,INCLUDING w1THOUT LIMrTATION,ANY IMPLIED WARRANTIES OF
MERCHANTABILri'Y AND FITNESS FOR A PARTICULAR PURPOSE.
This warranty is also in lieu of all other obligations or liabilities on the part of ESCO.including but not limited to,
liability for incidental and consequential damages on the part of the Company or the seller. ESCO makes no
representation that the machine has the capacity to perform any fimcdons other than as contained in the Company's
written literature,catalogs or specifications accompanying delivery of the machine. No person or affiliated company
representative is authorized to alter the terms of this warranty,to give any other warranties or to assume any other
liability on behalf of ESCO in connection with the sale,servicing or repair of any machine manufactured by the
company,
ESCO reserves the right to make design changes or improvements in its products without imposing any obligation upon
itself to change or improve previously manufactured products.
ELGIN SWEEPER COMPANY
1300 W.Bartlett Road
Elgin,IL 60123
W-19 Rev 1.0
C it Of E I g I n Agenda Item No. �.
y
C... �fr•Ys�. t V.
March 9, 2007
v �
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager �` `J�bn��'J� y
John Loete, Public Works Dire or
SUBJECT: Purchase of Two Elgin Pelican Street Sweepers
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an exception to the procurement ordinance to purchase two Elgin Pelican
three wheel hydraulic street sweepers.
RECOMMENDATION
• It is recommended that the Mayor and City Council authorize staff to execute the purchase of
two Elgin Pelican sweepers from Standard.Equipment Company in the amount of$266,208
BACKGROUND
The 2007 budget includes funds to replace two existing 1999 Elgin Pelican three wheel hydraulic
street sweepers. The current units are used daily, weather permitting, and have acquired such a
high number of hours and miles that they are prone to frequent and costly repairs. Their
reliability is to the point that both sweepers can't be depended on for day-to-day operations. The
Elgin Pelican is the sweeper of choice to use in the downtown business district and in the many
older neighborhoods where streets are narrow and congested with parking. Its short wheelbase
and three wheel, rear steering design provides a high level of maneuverability that allows it
maximize cleaning to the curb between the obstacles.
Elgin Sweeper Company has produced the Series P Pelican sweeper for many years. In 2007 it is
introducing an updated version of the Pelican, the Series NP, which introduces some aesthetic
differences and provides for greater operator comfort and visibility. A limited number of the
Series P sweepers are being produced before the assembly line switches over to the Series NP.
.Staff has pursued the purchase of the Series P sweeper because it is a more proven product and
has a much shorter delivery time.
• Staff has met with representatives from Standard Equipment Company, the local manufacturer's
representative for Elgin Sweeper Company, and received a detailed proposal (attached) for two
• Purchase of Two Elgin Pelican Street Sweepers
March 9, 2007
Page 2
new model year Elgin Pelican street sweepers with several options that will facilitate sweeping
operations in our City. The entire 2007 production of the Series P Pelican is sold out, but
Standard Equipment purchased one for their stock that they are quoting to us. This unit needs
minor modifications to meet our specifications and will be available for delivery in 45 days at a
cost of$129,552. The second unit is a 2007 Series NP Pelican built to our specifications and has
a delivery estimate of 120 days at a cost of $136,656. The proposal includes the vehicle
hardware necessary to track the sweepers using Global Positioning System (GPS) technology.
This purchase of the Elgin sweeper without competitive bids will be an exception the
procurement ordinance. As in past years there are several advantages to the City in continuing to
buy Elgin Sweeper products which include the following:
1) Parts are readily available from the manufacturer and equipment downtime is greatly
reduced
2) -Our mechanics and operators are thoroughly familiar with the Elgin sweeper
equipment.
3) Any unusual problems can be addressed by prompt technical support directly from
the local Elgin factory
• 4) Both the distributor and manufacturer provide maintenance and operation classes at
the factory in Elgin annually
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The purchase price of. the two street sweepers from Standard Equipment Company totals
$266,208. Funds for this purchase ($498,000 budgeted and $385,284 available) are located in the .
Equipment Replacement Fund, account number 601-4800-796.91-48, "Mobile Equipment
under project number 339952 "Streets Maintenance Vehicles . 2007 To verify the
competitiveness of the proposal, staff received documentation on recent sales of two similarly
optioned Series P Elgin Pelican Sweepers, which are also attached.
EGAL IMPACT
The proposed purchase would require an exception to the procurement ordinance which'requires
a 2/3 vote of the City Council.
r'
SPurchase of Two Elgin Pelican Street Sweepers
March 9, 2007
Page 3
ALTERNATIVES
1. The City Council may approve the purchase as recommended
2. The City Council may choose not purchase the two replacement sweepers and retain the
old units for one more year.
3. The City Council may direct staff to publicly bid the purchase of the two sweepers.
Respectfully submitted for Council consideration.
tp
Attachment