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HomeMy WebLinkAbout94-254 Resolution No. 94-254 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION ,�- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, 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 the Federal Aviation Administration (FAA) for water and sewer service, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14 , 1994 Adopted: September 14 , 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FEDERAL AVIATION ADMINISTRATION Form Approved: Budget Bureau No. 048161 UTILITY SERVICE APPLICATION AGENCY NO. DTFA14-94-U-R2130 IEFFECTIVE DATE ITYPE OF UTILITY FEDERAL AVIATION ADMINISTRATION I Water/Sewer REAL ESTATE & UTILITIES BRANCH AGL-56 LESSOR: N/A 2300 EAST DEVON AVENUE DES PLAINES, ILLINOIS 60018 X cov'towma _Leased IT IS REQUESTED that the: City of Elgin Illinois a municipal corporation (NAME OF UTILITY COMPANY) Elgin Water Department Billing and Meters 150 Dexter Court, Elgin, Illinois 60120 (STREET ADDRESS, CITY,STATE AND ZIP CODE) furnish the Government the following described services at the lowest applicable rate during the fiscal year ending September 30, 1994 and continuing thereafter until further notice subject to the necessary appropriation being made by Congress each year and subject to Article 8 herein below. e�!3NaV -elzl� DESCRIPTION OF SERVICES Provide water and sewer service for the Federal Aviation Administration's (FAA) Chicago Terminal Radar Approach Control (TRACON) at Elgin. Illinois. The Government understands that the City of Elgin, Illinois , a municipal corporation, installs sewer lines and acts as a collection agent for the Fox Valley River Reclamation District (the "District") : sewage treatment services are provided by the District. at the following service location: Chicago TRACON at Elgin, Illinois. Utility shall certify in the space provided below that the rates are fixed or adjusted by federal , state or other regulatory body. Upon such certification, utility shall return the original and one copy to the applicant (retaining one copy for its records) , together with two copies of the applicable rate schedule. Service may then be supplied by the utility without further authorization beginning with occupancy of the quarters referred to herein. Bills should show meter readings, if applicable, dates, total charges, et cetera . No non-recurring charges will be charged for this service. 1 Contract No. DTFA14-94-U-R2130 By: Title: Real Estate Contracting Officer CERTIFICATION BY UTILITY COMPANY The rates applicable to this service are fixed or adjusted by federal , state, or other regulatory body. COMPANY'S ACCOUNT NUMBER See Attachment APPLICABLE RATE SCHEDULE See Attachment METER NUMBER See Attachment NAME OF COMPANY City of Elgin Illinois a municipal corporation By: 4' Title: Assistant Finance Director MAIL BILLS FOR PAYMENT TO: SEE ARTICLE 2, PAGES 3 AND 4 ESTIMATED ANNUAL COST ACCOUNTING AND APPROPRIATION DATA TO BE INSERTED BY UTILITY JanuaryY 1,A AT9§W through September 30, 1995, RC: (F&E)C582.0/8052/13010044/233U $45,000.00 Thereafter October 1, 1996 RC: (OPS)C601.0/8052/211/233U $60,000.00 THE GOVERNMENT IS EXEMPT FROM STATE AND LOCAL TAXES. THESE TAXES SHALL NOT BE CHARGED ON THE MONTHLY USAGE BILLS. THE ATTACHED PROVISIONS ARE INCORPORATED HEREIN AND MADE PART HEREOF. 2 Contract No. DTFA14-94-U-82130 1. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2, JUN 1988) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. (End of Clause) I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.202- 1 DEFINITIONS (SEP 1991) 52.203- 1 OFFICIALS NOT TO BENEFIT (APR 1985) 52.203- 3 GRATUITIES (APR 1984) 52.203- 5 COVENANT AGAINST CONTINGENT FEES (APR 1984) 52.203- 6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1985) 52.203- 7 ANTI-KICKBACK PROCEDURES (OCT 1988) 52.208- 3 CONFLICTS (APR 1984) 52.215- 1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (FEB 1993) 52.215- 33 ORDER OF PRECEDENCE (JAN 1986) 52.222- 3 CONVICT LABOR(APR 1984) 52.222- 4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-- OVERTIME COMPENSATION(MAR 1986) 52.222- 26 EQUAL OPPORTUNITY (APR 1984) 52.232- 25 PROMPT PAYMENT (SEP 1992) 52.233- 1 DISPUTES (DEC 1991) 52.233- 2 SERVICE OF PROTEST (NOV 1988) 52.233- 3 PROTEST AFTER AWARD (AUG 1989) 52.237- 2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 19894) 2. INVOICE REQUIREMENTS (GSAR 552.232-72, JUL 1989) (a) Invoices shall be submitted in an original only, unless otherwise specified, to the designated billing office specified in this contract or purchase/delivery order. (b) Invoices must include the CONTRACT NUMBER provided below or on the purchase/delivery order. DTFA14-94-U-82130 3 Contract No. DTFA14-94-U-82130 (c) In addition to the requirements for a proper invoice specified in the Prompt Payment Clause of this contract or purchase/delivery order, the following information or documentation must be submitted with each invoice: For monthly invoices DTFA14-94-U-R2130 shall appear on your invoice and be mailed to: C4UR2130 Federal Aviation Administration, ACE-21D 601 East 12th Street Kansas City, MO 64106 For invoices on one-time construction charges DTFA14-94-U-R2130 shall appear on your invoice and be mailed to: C4UR213 0 Federal Aviation Administration, AGL-56 2300 East Devon Avenue Des Plaines, IL 60018 3. SERVICE OF PROTEST (FAR 52.233-2, NOV 1988) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO) or the General Services Administration Board of appeals (GSBCA), shall be served on the Contracting Officer (addressed as follows)by obtaining written and dated acknowledgement of receipt from... Contracting Officer, AGL-56 Federal Aviation Administration 2300 East Devon Avenue Des Plaines, Illinois 60018 (b) The copy of any protest shall be received in the office designated above on the same day a protest is filed with the GSBCA or within one day of filing a protest with the GAO. (End of provision) 4. PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (FAR. 52.236-9, APR 1984) (a) The Contractor shall preserve and protect all structures, equipment and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this 4 Contract No. DTFA14-94-U-82130 contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer. (b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor. (End of Clause) 5. CHANGES (FAR 52.243-4, AUG 1987) (a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes-- (1) In the specifications (including drawings and designs); (2) In the method of manner of performance of the work; (3) In the Government-furnished facilities, equipment, materials, services, or site; or (4) Directing acceleration in the performance of the work. (b) Any other written or oral order (which, as used in this paragraph(b), includes direction, instruction, interpretation or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1)the date, circumstances, and source of the order and (2) that the Contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 30 days before 5 Contract No. DTFA14-94-U-82130 the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. (e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph(a) of this clause or(2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph(b) above. (f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract. (End of Clause) 6. Payments for billing shall be the 30th day after Government acceptance of the work or services completed by the contractor and upon receipt of an invoice. However, if the billing/payment office fails to annotate the invoice with the date of actual receipt, the invoice payment due date shall be deemed to be the 30th day after the date the contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or contractor compliance with contract requirements. 7. No non-recurring charges will be charged for this service. 8. The Federal Aviation Administration will be charged the applicable rate that may be established by the city council of the City of Elgin, Illinois, a municipal corporation.. 9. The Government is EXEMPT from state and local taxes. These taxes shall not be charged on one-time charges or monthly usage bills. CITY OF ELGIN FAA City Manager Attest: �ivv.­ By: City Clerk 6 TELEPHONE 708/931-6100 -El �� FAX 708/931-5610 FOR HEARING IMPAIRED TDD 708/931-5616 CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 August 30, 1994 TO: Federal Aviation Administration FROM: City of Elgin, Illinois SUBJECT: Water Service Account Numbers and Rates Contract Number DTFA14-94-U-R2130 Per your request, the following information is provided: Service Address : 1100 Bowes Road, Elgin, IL 60123 Water Account Numbers : 1) 500-280-0 Meter #93131296 3" Badger 2 ) 500-285-0 Meter #93127366 3" Badger Current rates* for each account: Availability Charge $120 .00 per month Water Maintenance $1 .5351 per 100 cubic feet of water used Sewer Maintenance $ .4641 per 100 cubic feet of water used Sewer Treatment $1 . 01 per 100 cubic feet of water used * Rate ordinances attached 0 Printed on recycled paper Ordinance No. G70-93 AN ORDINANCE AMENDING THE WATER AND SEWER RATES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.04. 180 of Chapter 14.04 entitled "Water Regulations" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 14 .04 . 160 Water rates--Consumers within city. A. The following rates are established and shall be collected for all water furnished by the city to any consumer in the city for purposes other than fire protection: 1. A monthly availability charge shall be collectable and computed based upon the size of the meter in accordance with the following, notwithstanding the foregoing availability charge for a single-family residence with a meter size not exceeding three-fourths inches shall not exceed three dollars and sixty cents per month; a. Five-eights inch, three dollars and sixty cents per month; b. Three-fourths inch, twelve dollars per month; c. For each additional one-fourth inch, twelve dollars per month. 2. For each hundred cubic feet or fraction thereof of water supplied a charge of 81.5351 shall be made. B. Special services shall be billed at the prevailing water rates or, if temporary meter service is not feasible, a substantially equivalent rate will be determined by the city manager. C. Water furnished by the truckload shall be billed at the followina rate: Six .dollars per 1,000 gallons or fraction thereof. Minimum billed shall be thirty dollars. • Section 2. That Section 14.08.220 of Chapter 14.08 entitled be and is hereby of the further Elgin amended to read ae follows;as amended, 14.08.220 Sewer rates. The following rates and fees are established and shall be collected for sanitary sewer service furnished by the city to any user in the city: A. For all properties connected to the city water system which are also served by a. sanitary sewer, directly or indirectly connected to any sewer owned or maintained by the city, a rate is established in the amount of ;.4641 for each one hundred cubic feet of water supplied by the city or such quantity of water used as determined by the Fox River Water Reclamation District for billing purposes, whichever is lees. B. For all properties which are not connected to the city water system which are served by a sanitary sewer, directly or indirectly connected to any sewer owned or maintained by the city, a rate is established in the amount of ;.4641 per one hundred cubic feet of water used as determined by the Fox River Water Reclamation District. Provided, however, said rate shall not be less than six dollars per month for each single-family residence use and ten dollars for all other uses. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of. this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after January 1, 1994. AVAILABILITY CHARGE - PER MONTH METER SIZE George VanD@ 5/8 Inch $ 3.60 Presented: December 15, 1993 ( 3/4 Inch 12.00 . Passed: Vote: Yeas Nays 1 Inch 24.00 Recorded: Published: 1h Inch 36.00 Attest: A Inch 48.00 2 Inch 72.00 Dolonna Mecum, City Clerk 3 Inch 120.00 4 Inch 168.00 6 Inch 268.00 ORDINANCE NO. 592 I II AN ORDINANCE AMENDING ORDINANCE NO. 576 OF THE II FOX RIVER WATER RECLUMTION DISTRICT ENTITLED USER CEARGE RATE ORDINANCE {` BE IT ORDAINED BY THE BOARD OF TRUSTEES OF TEE FOX RIVER HATER i RECLAMATION DISTRICT OF ELGIN, OF KAM AND COOK COUNTIES, ILLINOIS AS FOLLOWS: SECTION ONE: That Section 1 of Ordinance 576 entitled User Charge Rate Ordinance, be and hereby is amended to read as follows: i SECTION 1. Rates i Until such time as rescinded by amendment of this ordinance, the User Charge rates henceforth from the effective date of this h Ordinance shall be as listed in the following table: User Classification i Residential User $1.30 per 1000 gallons of metered water used ($.973 per 100 cubic feet of metered water used) . Commercial User $1.40 per 1000 gallons of I c metered water used ($1.05 per 100 cubic feet of metered water used) . Industrial User $1.73 per 1000 gallons of metered water discharged ($1.29 per 100 cubic feet of waste discharged). Governmental/Institutional $1.35 per 1000 gallons of User metered water used ($1.01 per 100 cubic feet of metered water used). Residential Private Well $10.65 per month User i Commercial Private Well $11.70 per month User SECTION TWO: Any ordinance or part of an ordinance in conflict herewith is hereby repealed. i SECTION THREE: That this Ordinance shall be in full force and effect on and after June 15, 1994 from and after its passage, approved and publication as provided by law. APPROVED this 9th day of May, 1994 �'4w z UL A r President Pas ,this 9th day of Malty, 1994 Cler I it • in Agenda Item No . September 6, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Water Services Contract for the FAA Facility PURPOSE The purpose of this memorandum is to request City Council approval for a contract with the Federal Aviation Administra- tion (FAA) for water services at the Elgin facility. BACKGROUND The City will be the provider of water services and collec- tion agent for the Fox River Water Reclamation District for waste water treatment services for the new FAA facility in the Fox Bluff Corporate Center. The FAA is requiring the contract in order to insure prompt payment for the Water and Sewer services provided. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The signed contract assures that appropriate funds will be provided for water and sewer services . The Water and Sewer bill rates will be in accordance with the City Ordinance. LEGAL IMPACT The Contract has been reviewed by Legal and the requested revisions made. FAA Facility Water Services Contract September 6 , 1994 Page 2 RECOMMENDATION It is recommended staff be authorized to enter into a con- tract with the FAA for water services at the Elgin facility. Respectfully submitted, J es R. Nowicki inance Director Richard B. Helwig City Manager JRN:daw Attachment , Great Lakes Region 2300 E Devon Avenue U.S. Department of Transportation Illinois, Indiana, Michigan, Des Plaines, Illinois 60018 Minnesota, North Dakota, Federal Aviation Ohio,South Dakota, Administration wlaoonal" August 11 , 1994 - • S Mr. Larry Diebert j lr :� Elgin Water Department Billing and Meters 150 Dexter Court i` , ` ' r.T f'i�•,� Elgin. IL 60120 V,V, !)_._P!i Trr)C%"I, Dear Mr. Diebert: Enclosed are an original and two copies of the Federal Aviation Administration's (FAA) Contract Number DTFA14-94-U-R2130 for water and sewer service for the FAA's Chicago Terminal Radar Approach Control (TRACON) at Elgin, Illinois. The contract has been revised as a follow- up to Mr. F. William Elliott's recent telephone conversation with Mr. Marty Gregory of the city's finance department. If the contract is acceptable, please insert the effective date, have the proper authority sign, fill in your company's account number, the applicable rate schedule, meter number, and the estimated annual cost in the spaces provided. The original and one fully executed copy should be returned in the enclosed self-addressed envelope. No postage is required. The additional copy may be retained for your records. Tlas- ntract is r order f e c of the g t Please return the contract as soon as possible so in place when services begin. If account and meter numbers cannot be furnished at this time, you can give me that information at a later time. It is more important that I have a signed contract. Please furnish the following information for the above-mentioned facility: a. Two copies of the lowest rate schedule. b. Are your rates fixed by a federal , state or other regulatory body? To expedite payment, it is requested that invoices be mailed in accordance with Article 2 of the contract. O�1cesCorresp-6-n-Te—nce he contract Ii *a'n–er will dela the processing of our invo other s o u d be directed to me at the same Des Plaines, Illinois, office address: If there are any questions regarding this, please contact Mr. William Elliott at the above address, Suite 151 , or by calling (708) 294-8064. Sincerely. Carolyn L. Wally Contracting Officer 2 Enclosures