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Home My WebLink About09-87 Resolution No. 09-87 RESOLUTION AUTHORIZING EXECUTION OF SECOND ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT WITH THE FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) FOR THE LIME WASTE DISPOSAL MAIN PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Second Addendum to an Intergovernmental Agreement with the Fox River Water Reclamation District(FRWRD)regarding the lime waste disposal main project, a copy of which is attached and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk SECOND ADDENDUM TO AN INTERGOVERNMENTAL AGREEMENT REGARDING A FORCE MAIN PROJECT BETWEEN THE CITY OF ELGIN AND THE FOX RIVER WATER RECLAMATION DISTRICT THIS SECOND ADDENDUM TO AN INTERGOVERNMENTAL AGREEMENT REGARDING A JOINT FORCE MAIN PROJECT ("Second Addendum") dated as of this �?0" day of Af�� , 2009, by and between the City of Elgin, Illinois (the "City"), an Illinois municipal corporation and the Fox River Water Reclamation District, a municipal corporation of Kane and Cook counties, Illinois, being a sanitary district organized pursuant to the Sanitary District Act of 1917 (70 ILCS 2405/11 et seq.) (the "District"). WHEREAS, the City and the District are parties to a certain Intergovernmental Agreement regarding a Joint Force Main Project (the "Project"), dated July 3, 2007 (the "Intergovernmental Agreement"); and, WHEREAS, the City and the District have further agreed to enter into a First Addendum to the Intergovernmental Agreement (the "First Addendum"), attached hereto as Exhibit A and incorporated herein by this reference; and, WHEREAS, pursuant to the Intergovernmental Agreement and the First Addendum thereto, the City and the District have agreed to share certain costs of construction of separate sludge disposal force main projects; and, WHEREAS, the City has entered into a Pipeline Easement Agreement with the Commuter Rail Division of the Regional Transportation Authority ("Metra"), attached hereto as Exhibit B and incorporated herein by this reference, whereby the City is granted the right to install certain pipelines relating to the Project; and, WHEREAS, the City and the District have entered into a Pipeline Crossing Agreement with Union Pacific Railroad Company ("Union Pacific"), attached hereto as Exhibit C and incorporated herein by this reference, whereby the City and the District are granted the right to install certain pipelines relating to the Project; and, WHEREAS, the City and the District now wish to modify and amend the Intergovernmental Agreement to convey ownership of those portions of the District's pipelines that are subject to the Metra Pipeline Easement Agreement to the City, and to provide for the allocation of costs relating to acquisition of the rights to install said pipelines. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and the District agree as follows: I. Metra Pipeline Easement Agreement A. Transfer of Ownership. The City and the District agree that, upon signature of this Addendum, the District shall transfer to the City ownership of those portions of the District's eighteen inch (18") gravity sewer and the thirty inch (30") steel casing pipe lying within and subject to the Metra Pipeline Easement Agreement. Notwithstanding the forgoing transfer of ownership, City shall permit District at all times to use the new eight inch (8") force main for transmission of District sludge/sewage within the thirty (30") steel casing pipe, and throughout the Pipeline Easement, without an additional cost or fee to the District. B. Maintenance. The District shall remain responsible for any and all maintenance of the new eight inch (8") forcemain for transmission of the District sludge/sewage, regardless of the ownership of said force main and the maintenance and repair of the thirty inch (30") casing pipe as required for the maintenance of the eight inch (8") force main. The District shall also be responsible for fifty percent (50%) of the cost to maintain the thirty inch (30") casing pipe in the event the maintenance or repair required to the casing pipe is not the result of maintenance or failure of either the eight (8) inch or fourteen (14) inch diameter force mains. C. Allocation of Costs. In accordance with Paragraph 10 of the Intergovernmental Agreement, the District agrees to reimburse the City for fifty percent (50%) of the costs to acquire the right to install the pipelines, said costs being in the amount of One Hundred Forty Thousand Five Hundred Dollars ($140,500.00). D. Insurance. The District shall be named as an additional insured on all insurance policies issued by the City or its Contractor to be supplied to Metra pursuant to Pipeline Easement Agreement. E. Consent. The City shall obtain Metra's prior written consent to City's permitting the District to use the new eight inch (8") force main for sludge/sewage transmission and repair and maintenance of same and for connection to District owned force main adjacent to the Metra right-of-way, such consent being set forth in the Pipeline Crossing Agreement attached hereto as Exhibit B. II. Union Pacific Pipeline Crossing Agreement A. Transfer of Ownership. The parties shall retain their respective ownership of their eight inch (8") and fourteen inch (14") diameter force mains throughout the Union Pacific Pipeline Crossing. The District shall permit the City at all times to use the thirty (30") steel casing pipe throughout the Pipeline Easement, without an additional cost or fee to the City. B. Maintenance. The parties shall remain responsible for any and all maintenance of their respective eight inch (8") and fourteen inch (14") diameter force mains throughout the Union Pacific Pipeline Crossing, and for the maintenance and repair of the thirty inch (30") casing pipe as required for the maintenance of their respective eight inch (8") and fourteen inch (14") diameter force mains throughout the Union Pacific Pipeline Crossing. Each party shall also be responsible for fifty percent (50%) of the cost to maintain the thirty inch (30") casing pipe in the event that the maintenance or repair required to the casing pipe is not the result of maintenance or failure of either the eight (8) inch or fourteen (14) inch diameter force mains. 2 C. Allocation of Costs. In accordance with Paragraph 10 of the Intergovernmental Agreement, the District agrees to reimburse the City for fifty percent (50%) of the costs to acquire the right to install the pipelines, said costs being in the amount of Three Thousand Dollars ($3,000.00). D. Insurance. The District shall be named as an additional insured on all insurance policies issued by the City or its Contractor to be supplied to Union Pacific pursuant to the Pipeline Crossing Agreement. III Ownership/Easement. A. Ownership. Except as provided for in this Second Addendum relating to railroad crossings, District shall be the owner of all improvements associated with the new eight inch(8") sludge/sewage forcemain, constructed pursuant to the Intergovernmental Agreement and First Addendum which have been designed for its use, completed by the contractor and accepted by the City and District,provided District has reimbursed City for District's share of the costs. B. Easement. District and City shall grant permanent non-exclusive easement agreements to each other for the operation, maintenance, construction and re-construction of the improvements constructed pursuant to the Intergovernmental Agreement and First Addendum, and access thereto, by subsequent written instrument. C. Maintenance. District and City shall cooperate with each other prior to maintenance of any part of the Project where the parties force mains are in close proximity to the other. Except in the case of a true emergency, prior written notice shall be made to the other party prior to commencing construction or maintenance of the force main in close proximity to the other party's force main. IV. Miscellaneous A. Joint Work Product. This Second Addendum is and shall be deemed and construed to be the joint and collective work product of the District and the City and, as such, this Second Addendum shall not be construed against either party, as the otherwise purported drafter of same,by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. B. Authority. Each party represents that it has been duly authorized by all appropriate corporate action to execute and enter into this Second Addendum. C. Conflict. In the event of any conflict between the provisions of this Second Addendum and any provision in the Intergovernmental Agreement and First Addendum, the provisions of this Second Addendum shall be controlling. Any provision of the Intergovernmental Agreement and First Addendum not hereby modified or amended shall remain in full force and effect. SIGNATURE PAGE TO FOLLOW 3 IN WITNESS WHEREOF, the parties hereto have executed this Second Addendum as of the date following their respective signatures. CITY OF ELGIN, an Illinois municipal corporation Ed Schock, Mayor Attest: Diane Robertson, City Cler Dated: April 8, 2009 FOX RIVER WATER RECLAMATION DISTRICT, an Illinois municipal corporation By: Bruce Corn, Boar President Attest: , J ie ller, Asst. Cler Dated: Ali2ll 27, 2009 4 LAW OFFICES SCHEFLOW & RYDELL SUITE 200,63 DOUGLAS AVENUE RICHARD S.SCHEFLOW ELGIN, ILLINOIS 60120-5575 MAILING ADDRESS: P.O.BOX 784 THOMAS C.RYDELL TELEPHONE 847-695-2800 ELGIN,ILLINOIS 60121-0784 DOUGLAS J.5CHEFLOW FACSIMILE 847-695-4547 BARRY K. DANIELSON.RETIRED October 27, 2008 VIA PERSONAL DELIVERY Christopher J. Beck Assistant Corporation Counsel City of Elgin 150 Dexter Court Elgin, 1L 60120 Re: City of Elyin/FRWRD-Joint Waste Disposal Force Main Project Dear Chris: Enclosed please find two originals of the First Addendum signed by the District on October 13, 2008 for signature by the City of Elgin. I have retained one copy of the Exhibits for our copy of the original and return herewith your copy of the Exhibits. Please have the City execute this at your earliest convenience and return one signed original of the First Addendum to me for the District Records. Also, it is my understanding that the City of Elgin is pursuing an agreement for a railroad crossing with Metra and the Union Pacific Railroad. It is also my understanding that a second addendum to the IGA or additional IGA will be required to address these crossings and the issues regarding ownership of the pipe and payment of the fees, etc. Further, I am writing to request that you contact me regarding the status of these agreements and ask that you send copies of the agreements to my office for review. I also understand that the agreements with the railroad companies may be between the City of Elgin and the railroads. My first impression on this matter is that the Fox River Water Reclamation District should also be a party to these agreements. Christopher J. Beck October 27, 2008 Page 2 Please review this matter and call me to discuss this matter further. Thanks. Respectfully yours, Sc OW & RYDELL f Dougl J. Scheflow DJS/cp Enclosure cc: w/enc. Rick Manner C:AFRWRD2\City of Elgin Itr2.wpd City of Elgin Agenda Item No. t�� -' S1✓" ed 1�y `" �i March 12,2009 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Kyla Jacobsen, Water System Superintendent SUBJECT: First and Second Addendums to the Intergovernmental Agreement with Fox River Water Reclamation District for the Lime Waste Disposal Main Project. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider executing the First and Second Addendums to the previously signed agreement with the Fox River Water Reclamation District (FRWRD) for the joint venture to construct the additional Lime Waste Disposal Main for the Water Department. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the First and Second Addendums to the Intergovernmental Agreement with FRWRD. BACKGROUND The City of Elgin had budgeted to design and construct a redundant line to pump the Lime Waste from the Riverside Water Treatment Plant (WTP) to South McLean Boulevard Lime Disposal Facility. There are six individual cells at the lagoon site, all of which are in a continual rotation of filling,drying and emptying. During the early stages of engineering for the City's new Lime Waste Disposal Main, the Water Department staff was approached by FRWRD staff indicating that the district was interested in constructing a similar disposal main to transfer residuals from their north plant to their main plant, rather than trucking the material as is done now. An agreement with FRWRD was authorized by the City Council at the June 13, 2007 meeting. The First and Second Amendments to the IGA are necessary to reflect amendments to the engineering agreement that were previously approved and to account for Metra and Union Pacific easements. A copy of the First and Second Addendums are attached to this memorandum. Addendums to the Agreement with FRWRD for the Lime Waste Disposal Main Project March 12, 2009 Page 2 COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The proposed amendment to the intergovernmental agreement with FRWRD provides the opportunity for the City of Elgin and FRWRD to share costs where applicable. The Lime Waste Disposal Project -number 409691- totals $6.46 million and is being funded by impact fees (Water Development Fund) and the water portion of two General Obligation Bond funds. Currently $1,542,699 has been received from FRWRD towards shared expenses. Phase I is currently under construction. EGAL IMPACT None ALTERNATIVES 1. The City Council may choose to authorize execution of the First and Second Addendums to the Intergovernmental Agreement. 2. The City Council may choose not to authorize execution of the First and Second Addendums to the Intergovernmental Agreement. Respectfully submitted for Council consideration. PLB/KBJ Attachment a \` City of Elgin Memorandum r, Date: April 20, 2009 To: Kyla Jacobsen, Water System Superintendent From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-87, Adopted at the April 8, 2009, Council Meeting Enclosed you will find the agreements referenced below. Please have these agreements signed and executed by the Regional Transportation Authority and return one fully executed cony to the City Clerk's office for the City's records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Second Addendum to the Intergovernmental Agreement with the Fox River Water Reclamation District (FRWRD) for the Lime Waste Disposal Main Project Memorandum -' TX� City of Elgin Date: May 1, 2009 To: Jennifer Quinton, Deputy City Clerk From: Peter L. Bityou, Water operations Engineer �L g Subject: Second Addendum to an Intergovernmental Agreement with the Fox River Water Reclamation District (FRWRD) for the Joint Waste Disposal Main Project. For your records, please find the original signed copy of the second addendum to an intergovernmental agreement regarding a force main project between the City of Elgin and the Fox River Water Reclamation District. Thanks Enclosure Cc: Kyla Jacobsen, Water System Superintendent