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Home My WebLink About20-60 Resolution No. 20-60 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MORSE ELECTRIC, INC. FOR THE PURCHASE OF BOOSTER PUMP STARTER REPLACEMENTS AT THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Morse Electric, Inc., for the purchase of booster pump starter replacements at the Leo Nelson Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 13, 2020 Adopted: May 13, 2020 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 13th day of May 2020, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Morse Electric, Inc., an Illinois corporation, (hereinafter referred to as "Morse" or "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 Morse shall sell the goods and/or services described by Attachments A and B, attached hereto and made a part hereof and the contractor quote ("Contractor Quote") dated January 20, 2020 prepared by Strand Associates, Inc., incorporated herein and made a part hereof by reference. 2. TERMS. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachments A and B and Contractor Quote. 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. Morse 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 Morse agrees that service by first class U.S. mail to Dan G. Fishburn, 8 East Stephenson Street, Freeport, Illinois 61032 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 these contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 6. INTEREST. Morse hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and aJJ 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, Morse 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 and legal status of employees. Without limiting the foregoing, Morse hereby certifies, represents and warrants to the City that all of Morse's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Morse shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of Morse to determine Morse's compliance with the provisions of this section. In the event the City proceeds with such an audit, Morse shall make available to the City Morse's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 9. 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. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail 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 fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 10. CONFLICT. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A and Attachment B hereto, the terms and provisions of this purchase agreement shall supersede and control. In the event of any conflict between the terms and provisions of this purchase agreement and the Contractor Quote, the terms and provisions of this purchase agreement shall supersede and control. Jn the event of any conflict between the terms and provisions of Attachment A and Attachment B or Contractor Quote, Attachment A shall supersede and control. In the event of any conflict between Attachment B and Contractor Quote, Attachment B shall control. 11. PAYMENT. City shall pay the total sum of$591,897 within thirty(30) days of delivery or city's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes. 12. DELIVERY. Morse shall complete delivery of all goods and performance of all services on or before December 3), 2020. 13. 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 2 any consequential, special or punitive damages, or any damages resulting from loss of profit. 14. LIMITATION OF ACTIONS. Morse shall not be entitled to, and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its affiliates,officers, employees, agents, attorneys, boards and commissions of any nature whatsoever and in whatsoever forum after two (2)years from the date of this Agreement. 15. 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 Morse's sole expense. 16. 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. Morse is an independent contractor. MORSE ELECTRIC, INC. LGIN '00— Julie Duncan �o-Ap;nwp��,_ � Pflnt Name "KzaL4 anager Attestature CI orporate Secretary R I F:\Lcpl Dept\AgreetnentWorse Electric Inc-Purchase Agreement 4-17-20.docx 3 ATTACHMENT A Ar��o Elsctrlo, e inc. `Q 1390 Gateway Blvd.Beloit,wl 53511 (:162 5 E.Pamaiyn,Las Vegas,NV 89119 ❑500 W.South St.Freeport,IL 61032 T 608.856.7269 ❑2511 Technology Dr,Ste 110,Elgin,IL 60123 ❑395 S.Main St-Dubuque,IA 52001 ❑3000 W.Chrysler Dr.Belvfdere,IL 61008 F 815.26622 February 28,2020 City of Elgin 150 Dexter Court Elgin,Illinois 60120 Attn: Richard G.Kozal Re: Leo Nelson Riverside Water Treatment Plant Low Service Pump No.1 MV Starter Contract 2-2019 Dear Mr.Kozal, We propose to furnish labor and material to replace the low service pump no.1 MV starter for the above referenced project.For the sum of Two Hundred Twenty-Six Thousand Eight Hundred Seventy-Seven Dollars. ($226,877) Bid Alternate to retro fit two additional MV starter.The three starters would be fabricated and shipped to the plant;installation would be phased based on the plants schedule. Pumps are HSP2 (200HP),HSP4(250HP) and LSP1(250HP). Forthe sum of Five Hundred Ninety-One Thousand Eight Hundred Ninety-Seven Dollars. ($591,897) This proposal has been based on plans and specifications prepared by Strand Associates,Inc.Issued for Contractor Quote Dated January 20,2020 Clarifications: • Proposaf Price is valid for thfrty days from date of receipt. • Based on a mutually agreed upon purchase agreement generated by the city of Elgin. • Sales tax has not been included. • Permit Fees are not included. • Shop Drawings and electrical materials will be submitted via PDF for electronic review. • Changes to Summary of Work 011100. o Change paragraph 1.04 B 3 to refer to LSP No. 1 instead of LSP No. 2. o delete paragraph 1.04 B 4,5,6,and 7. • Includes new lower door for LSP no.2.door to match the Retrofitted upper door replaced in 2019. Committed to Excellence Powering Your Future—From 0 to 345,000 Volts www.themorsegroup.com i AprN 20, 2020 Page 2 of 3 • Schedule: o Receipt of Notice to Proceed 5/15/2020 o Submittal of Shop Drawings for Engineer Review 6/5/2020 o Assumed Date for Return of Approved or Approved as Noted Shop Drawings 6/12/2020 o Start and End of Fabrication Period 6/19/2020-7/31/2020 o Ship Date from Factory 8/07/2020 o Installation Dates for Starter 1#1:September(pending field service availability at time of order) o Installation Dates for Starter q 2 October(pending field service availability at time of order) o Installation Dates for Starter#t 3 November(pending field service availability at time of order) o Training November(pending field service availability at time of order) All dates are approximate and do not include impact from world events that may delay production. • Includes new upper and lower doors for starters. We trust that our proposal will meet with your requirements. Should you have any questions or require further assistance, please do not hesitate to contact me. Sincerely, u�V Tom Uzun,Project Manager Morse Electric,Inc. Attachment:Appendix A-Coronavirus Committed fu Fxcetterrce Powering Your Future—From 0 to 345,000 Volts www.themorsegroup.com l� April 20,2020 Page 3 of 3 Appendix A-Coronavirus As a result of certain Federal and Local Government actions and prohibitions geared toward mitigating the effects of the Coronavirus pandemic(the"Virus"),be advised that Morse Electric, Inc. has encountered and likely will continue to encounter higher costs and price fluctuations,material shortages,logistics breakdowns,order cancellations and extended delays in product fulfillment and shipping,disruptions,acceleration and impact related damages("Change Events"),which wil l adversely affect the Project's critical path going forward.Of paramount concern is the working conditions and Morse Electric Inc's ability to obtain inspections for the Project should the relevant governing agencies decide to shut down or restrict access to inspections during this extraordinary time. Given the uncertainty regarding the duration and scope of the effects of the Virus,Morse Electric, Inc. is unable to ascertain the full extent of the cost impact attributable to this Change Event. However, once we are able to quantify and/or calculate the full extent of the Change Event,we will be submitting the cost impact as it relates to this proposal and Change Order Request pursuant to our agreement if necessary. Committed to Excellence Powering Your Future—From 0 to 345,000 Volts www.themorsegroup.com T I E LEO NELSON ATTACHMENT 5 RIVERSIDE WTP - LSP NO, 1 MEDIUM VOLTAGE STARTER FOR THE CITY OF ELGIN, ILLINOIS "an w o,vma,a u4 IImC 4OaL arras • ) !rR CKs'X,,,apilrpr M.aM00lMwgll001,11aC11aCAL aaw 4 l �1{"�T� � lt/, �AYOtrAOlarMTA aC�,lO,AL lilvATt11,MO„[111W(OMOIWY q .b...r• ,1 �S�''# lit � t -- •� r ,. �l.a. -1 � c,xa,r n.. Gaal,tyYf. 7TI ^ THE LEO NELSON 1=" �! :" •,_, ' j. {I"� _ RIVERSIDE WATER TREATMENT PLANT .375 W RIVER ROAD ELGIN,IL 60123 IIE � AIRLITE WATER TREATMENT PLANT 74 NORTH STREET ELGIN,IL 60123 1170 SOUTH HOUBOLT ROAD JOUST,IL 60431 :15'k4442 15 Y¢L4200 �■ 615 Y444215 PAX : \�►%• WWW4.STRAND.COM �. IDFPR NO.1644)01273 ".'_,. Oar• ylrha CONTRACT 2-2019 j.; STRANDIasociATES. ISSUED FOR CONTRACTOR QUOTE 1110/2020 1 OOAt 1 _ 1 1 -� -__- ---------_---_ _-- -___-_--:____L--- -- ----- -=_- - ilk El K F61 [0] [0] [0] a� � Q ❑ O ❑ c 1 al i 1 If ? 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