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Home My WebLink About24-229 Resolution No. 24-229 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NATIONWIDE POWER SOLUTIONS, INC. FOR POWER SUPPLY REPLACEMENT AT 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 an Agreement on behalf of the City of Elgin with Nationwide Power Solutions, Inc., for power supply replacement at 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: October 9, 2024 Adopted: October 9, 2024 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 9th day of October 2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Nationwide Power Solutions, Inc., an Illinois corporation (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 and install the goods and/or services to the City as described in the six (6) page proposal, dated August 23. 2024, 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 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 Nationwide Power Solutions,Inc., do registered agent Illinois Corporation Service Company,801 Adlai Stevenson Drive,Springfield,Illinois 62703 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. 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 Five Thousand Three Hundred Thirty Eight Dollars and Fifteen Cents($35,338.15),fifty percent(50%)of which shall be paid as a down payment pursuant to the terms of Paragraph 3 of Attachment A,and the remainder of such total to be paid within(30)days of delivery and installation 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 tothe City upon delivery,shall pass to Seller when installation of the goods begins and shall pass to City when installation of the goods is complete and shall thereafter remain with City. 13. JNDEMNIFICATION.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 resulting from or alleged to result from any 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 approved by the City. 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. PREVAILING WAGE. This Agreement calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01, et seq., as amended. The Prevailing Wage Act requires contractors and subcontractors to pay laborers, workers, and mechanics performing services on public works projects no less than the current "prevailing rate of wages"(hourly cash wages plus amount for fringe benefits)in the county where the work is performed.The Illinois Department of Labor publishes the prevailing wage rates on its website at http://labor.illinois.gov/. The Illinois Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor's website for revisions to prevailing wage rates. For information regarding current prevailing wage rates,please refer to the Illinois Department of Labor's website.All contractors and subcontractors rendering services under this Agreement must comply with all requirements of the Prevailing Wage Act,including but not limited to,all wage requirements and notice and record keeping duties. 20. 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. SIGNATURE PAGE FOLLOWS 3 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. NATIONWIDE POWER CITY OF ELGIN POWER SOLUTIONS,INC. Print Name Richard G. Koza1, City Manager —,� Attest: Signature �•�u frcuts ManggUer� Title City Clerk Legal Dept\AgreementWationwide Power Purchase Agr 9-25-24.docx 4 SP NATIONWIDE POWER ATTACHMENT A Proposal No 66855 Aug 23,2024 Wes Spurlock City of Elgin Water Dept-Riverside Plant 375 West River Rd Elgin, IL 60123 Thank you for the opportunity to provide you with a quotation for your network-critical power equipment As the leading multi-brand service provider in the country,Nationwide Power.'"will provide you with the highest level of service to proactively minimize your downtime.When you choose Nationwide Power,what stands behind your critical power equipment is: • Nationwide Power's Critical Power Professionals" (CPPT")whom are some of the industries most experienced(23 years UPS specific experience on average)and highly trained engineers in the field that are actual employees,not subcontractors • Sales professionals with a minimum of 15 plus years in the industry • Customer Service experts that provide industry leading and personalized service,without the need of endless phone tree loops • In house electronic repair and testing capabilities,down to the board level • The most extensive parts inventory in the industry built up over 20 years,including legacy parts to keep you up and running for years to maximize your capital investments • Multi-brand support,not lust a single manufacturer • Contract consolidation,saving you time and money by eliminating the need to call multiple service vendors for maintenance We also provide additional services to help you leverage single sourcing and reduce the inefficiencies of managing multiple vendors and contracts including: • All brands of new and refurbished Uninterruptible Power Supplies(l PSc) • All brands of OEM replacement Batteries • DC plants Our goal is to make our customers successful by providing the highest quality of service in all that we do,in order to minimize downtime and the price of non-conformance.Thank you for trusting Nationwide Power with your critical power, and this opportunity to submit a proposal for your critical power needs.Please make sure you perform your due diligence by checking us out here: https://nationwidepower.com/Customer-feedbacks Please feel free tc call me if you have any questions or concerns regarding this quotation,or require any other changes. • Darn Toothman National Equipment Sales Nationwide Power Solutions,Inc. Phone:702.800.6654 Fax:800.586.5095 E-Mail:dtoothman@nationwidepower.com Rev:66855-3 1060 Mary Crest Road Phone 800.866.2780 1 out of 6 Aug 23.2024 12:02:01 pm Henderson,NV 89074 Fax 800.586.5095 NATIONWIDE'..0W£R• Proposal No 66855 Thank you for the opportunity to provide you with a proposal relating to your critical power equipment. Nationwide Power understands how important this critical equipment is to your organization so we strive to provide the industries best in products,services,and quality.We appreciate the opportunity and look forward to earning your business. All orders over$50,000 require 50°%d 1 City of Elgin Water Dept- Riverside Plant Wes Spurlock An invoice will be issued upon shipment of the products. Down 375 West River Rd payment of 50% required for all orders exceeding$50,000. Elgin, IL 60123 Down payment must be received by Nationwide Power prior to placing an order with the manufacturer.All orders subject to Phone:224-407-6121 credit approval.Equipment is quoted FOB Origin and any Fax: freight damage communications and collections are between receiver and carrier. If FOB Destination is required.5%of the product total will be added to the Total Price and must be reflected on the purchase order. • � _.....,tea• - : t .Z7* Eaton 9355 UPS UPS-Eaten 6365 15kVA.(641 BattanPc.(3-High).New Three Phase.Orlin Double Conversion,Factory New Input:208V 4W+gnd.Output 208V 4W+gnd 1 00) Internal batteries provide 13 minutes(n)full load Warranty:90 days labor. 1 year parts Dims:12"x 33.7-x 47.8' Wrap: Warranty' Unit Weight:609.00000 AWNrarta: 1.00) Startup-Afterhours Upgrade 7x24,15kVA Subtotal$17,631.00 Eaton 9356 Options 1.00) Kit-Eaton Gigabit Industrial Gateway X2 Card.New $424 00 Bypass-Wall Mount Maintenance Bypass,60A,3 Breaker,10kAIC New 1.001 Dims:24x22x9" Voltage: Warranty: $2.392.00 Unit Weight:55.00000 AH/Watts. Electrical Installation-New System All work to be performed during normal business hours M-F 1.00) M 59.362.00 G3:'downtime-for up 10 4 hours but most likely 1-2 hours Site needs to move cabinet ahead of time or downtime will be longer 1.00) Nationwide Power I Warranty upgrade I At time of Sale $750.00 Adds labor to base warranty for a total of 1 year labor and parts Nationwide Power Extended Warranty I(Emergency Service Parts&Labor)18 Hour Response 17x24 Anytime I UPS& 2.00) Battery Preventive Maintenance Inspection 1 Per Year(1 Major,0 Minor)I At time of Sale $3,169.80 Year 2&3 Coverage Freight Dock To Dock Only.Site to receive and hold for installation 1.00 Any special requirements WILL incur charges in addition to normal freight charges. $587.00 1 CJ FOB Destination $1.022.35 Subtotal$17,707.19 Rev:66855-3 1060 Mary Crest Road Phone:800.868.2780 2 out of Aug 23,2024 12.02.01 pm Henderson,NV 89074 Fax:800.586.5095 Electrcial Description Install subcontracted work •Receive UPS equipment provided by Nationwide Power. •Power down the existing UPS. •De-commission the existing UPSSystem. •Remove and dispose of old system and batteries with EPA certificate of Destruction. •Install the new UPS provided by Nationwide Power. •Furnish and install the new C&C Power,60-Amp,3-Breaker Bypass •Connect the existing Transformer output to the Utility side of the bypass switch with the existing Seal-Tite. •Connect the existing panel to the Load side of the bypass switch with the existing Seal-Tite •Furnish and install approximately 6'of(2)1 1/."Seal-The flexible conduits with(4)#4 and(1)#8 THHN conductors from the 1 00) 3-Breaker bypass to the input and output of the UPS •Provide labor to coordinate with the start-up technician. Notes: Work to bo completed during normal working hours.7am-3:30pm,Mon-Fri No premium or shift time is included in this quote. Electrician must be notified of hazardous conditions within the work area pnor to Job start Permit and/or licensing fees not included. Dims' Voltage' Warranty. Unit Weight. AH/Watts: (See Agreement Page for Total) Rev:66855-3 1060 Mary Crest Road Phone 800.868.2780 3 out of 6 Aug 23,2024 12.02:01 pm Henderson,NV 89074 Fax:800.586.5095 NATIONWIDE } • Entitlements Full Service Full Service and Preventative Maintenance Program includes `Emergency Service Full Service Coverage(except replacement of batteries&full capacitor banks) 'Preventative Maintenance Full Service coverage includes 100%parts,labor,travel,and on-site time for both remedial and emergency repairs,with the exception of battery replacements,battery related service calls, and full capacitor bank replacements(individual failed capacitors are covered under the terms of this agreement).Any service found to be related to these items will be billed separately. This Agreement does not cover damages to the Equipment caused by misuse, including but not limited to, incorrect operation by anyone other than Nationwide Power or operation outside of the Equipment manufacturer's recommended operating specifications or conditions.All parts removed/replaced during service become property of Nationwide Power. Failure to return removed/replaced parts within 30 days to Nationwide Power may result in additional charges to customer.Customer will pay any local.state or federal sales,excise. use or other taxes which may be levied upon the service or materials provided pursuant to this Agreement. For Modular Units: Contract includes(1)one OEM Replacement Power Module.(1)one OEM RIM and MIM(for failed or bad intelligence modules)per uniUper contract penod.Any additional replacement modules will be provided at the customer's expense. Multiple year contracts freeze pricing for the duration of the contract term(price increases due to material and/or labor cost increase are avoided). Multiple year contracts can be cancelled at any time by customer with 30 days written notice.The prorated amount of any prepaid, unused maintenance charges may be refunded to customer upon written request. Equipment Leadtime on Equipment is subject to availability. `Freight, rigging and installation are not included in the above contract pricing,unless otherwise stated above. "Unless otherwise stated herein, Nationwide Power's warranty obligation for this Equipment is limited to those express warranties made to Nationwide Power by the manufacturer and which are transferrable to Customer. Authorized start-up may be required for warranty validation Battery warranty may require semi-annual preventative maintenance for validation(not included). Refurbished or Used Equipment is first come first serve. *Unless specifically stated herein,this Proposal does not include any special site access requirements such as, but not limited to:site specific training,site specific personnel screening/clearance,or working in confined spaces/locations requiring fall protection/hazardous environmental conditions. Contact your sales representative if any special site access protocols or other site requirements apply. *Customer will pay any local,state or federal sales,excise, use or other taxes which may be levied upon the service or materials provided pursuant to this Agreement. *If shipping Collect on Customer carrier,shipment will be FOB Origin and Customer takes possession/responsibility of the shipment upon Customer provided carrier pick up signature. Nationwide Power's"Freight Shipping Instruction"form MUST be submitted prior to order processing to ensure there are no delivery issues.This will assist you in identifying and communicating any additional delivery requirements.You can find this form attached to the Rev:66855-3 1060 Mary Crest Road Phone:800.868.2780 4 out of 6 Aug 23,2024 12.02.01 pm Henderson,NV 89074 Fax 800.586.5095 proposal or via our website:www.nationwidepower.com/dehveryform. (Agreement Page Follows) Rev:66855-3 1060 Mary Crest Road Phone'800.868.2780 5 out of 6 Aug 23,2024 12:02 01 pm Henderson,NV 89074 Fax:800 586.5095 NATIONWIDE . • R Agreement _ Unless otherwise indicated.price quotations are valid for 30 days and exclude any applicable freight costs or any applicable sales.use,or other taxes.Prices based on estimated quantities or time periods may change in the event actual quantities or time periods differ. Nationwide Power reserves the right to adjust pricing cr delivery dates,during the term of this quote or resulting orders.to reflect the impact of current or future taxes,duties,or tariffs on the price of the products or services included herein.All orders are subject to acceptance by NP. Sub1 otal $35.338.15 Tax $0.00 Grand Total $35,338.15 All orders over$50,000, 50%Down All rcrn'!'E:d forms must be filled out to process your Order Payment Terms NET 15 Shipping Terms FOB Origin Prepaid&Add Customer Legal Name(if different than above): Customer Mailing Address(if different than above): By signing below,Customer hereby authorizes Nationwide Power Solutions,Inc.("NP")to provide the Services and/or Equipment at the prices stated herein. By signing this Quote or by purchasing the Services and/or Equipment from NP,Customer agrees to,and intends to be bound by the terms of this Quote and NP's online Terms and Conditions which are incorporated by this reference and made a part of this Quote(collectively the"Agreement"). Service Terms and Conditions(apply in the case of Services). Equipment Terms and Conditions(apply in the case of Equipment).Copies of the Terms and Conditions are available upon request.If a purchase order is not provided,then this signed Quote authorizes NP to invoice for such Services and/or Equipment. Quote 66855 Customer Signature: Customer Printed Name: Date: Rev.66855-3 1060 Mary Crest Road Phone:800.868.2780 6 out of 6 Aug 23,2024 12:02 01 pm Henderson,NV 89074 Fax:800.586.5095