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HomeMy WebLinkAbout19-65 Resolution No. 19-65 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WELL WATER SOLUTIONS, ILLINOIS DIVISION, LLC FOR DEEP WELL 1A AND 3A REPAIRS AT THE AIRLITE 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 Well Water Solutions, Illinois Division, LLC, for deep well 1A and 3A repairs at the Airlite Water Treatment Plan, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2019 Adopted: April 24, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • CITY OF ELGIN, ILLINOIS, AGREEMENT FOR Deep Wells#1A and #3A Repairs THIS AGREEMENT is dated this 24th day of April ,2019 by and between the City of Elgin,an Illinois Municipal Corporation (herein called "City") and Water Well Solutions, Illinois Division, LLC (herein called "Contractor"), a Wisconsin Limited Liability Company doing business in Illinois at 825 E.North Street,Elburn,IL 60119. WHEREAS,the City Council has determined that Contractor perform the work identified as the Deep Well IA and 3A Repairs,hereinafter referred to as"Work;" NOW THEREFORE, in consideration of the mutual covenants herein set forth, the sufficiency of which is hereby acknowledges,the parties hereto hereby agree as follows: Article 1. WORK. Contractor shall complete the Work as specified in the Contract Documents. The Work is generally described as follows: The project will consist of repair and replacement of equipment for Wells lA and 3A,electrical protection equipment, and miscellaneous additions to project at City's request,and as an alternate:repurposing existing equipment according to the following specifications. Article 2. ENGINEER. The Work has been designed by City of Elgin ("Engineer"). Engineer shall act as City's representative and shall assume and provide such duties and obligations to the extent provided in the Contract Documents. Article 3. WORK COMPLETION,LIQUIDATED DAMAGES,DELAYS AND DAMAGES. 3.1. Work Completion. The Work shall be completed as provided in the Contract Documents. The Contractor shall commence work as indicated in the written"Notice to Proceed"and shall fully complete the project within sixty days. In the event of any conflict between these dates and dates elsewhere in the Contract Documents, these dates shall prevail. Time is of the essence of this Agreement. 3.2. Liquidated Damages. City and Contractor agree that as reasonable liquidated damages for delay (but not as a penalty) Contractor shall pay City $ 475 for each day beyond the time specified for Substantial Completion in the Contract Documents. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the times specified in the Contract Documents(hereinafter referred to as"Contract Times") or any proper extension thereof granted by City, Contractor shall pay City $475 for each day beyond the time for Final Completion. Contractor agrees and acknowledges that such liquidated damages constitute a reasonable estimate of City's actual damages. Such liquidated damages shall constitute City's sole recourse for and shall constitute full satisfaction of City's actual damages resulting from Contractor's delay. Contractor further acknowledges and agrees that in the event any provisions in any of the Contract Documents conflict with the provisions of this paragraph or otherwise provide for damages resulting from Contractor's delay,the provisions of this paragraph shall control,and such conflicting provisions and any Contract Documents shall not constitute,and shall not be construed as,a basis by which to render the provisions of this paragraph unenforceable. 3.3. Delays and Damages. In the event Contractor is delayed in the prosecution and completion of the Work or achievement of any Contract Times because of any delays caused by City or Engineer,Contractor shall have no claim against City or Engineer for damages or contract adjustment other than an extension of the Contract Times as provided herein and the waiving of liquidated damages during the period occasioned by the delay. Article 4. CONTRACT PRICE. Page- 1 - City shall pay Contractor$ 469,133.00 as indicated in the Contractor's Proposal, dated April 5,2019, for completion of the Work in accordance with the Contract Documents. Article 5. PAYMENTS. 5.1. Payments. City shall make payments on the basis of Contractor's Applications for Payment as recommended by Engineer, in conformance with the City of Elgin's accounts payable schedule. All payments shall be based on the progress of the Work measured by the schedules provided in the Contract Documents. Notwithstanding anything to the contrary in any Contract Documents, City shall be entitled to withhold any payments pending the submission of partial or full waivers of lien and/or certifications verifying the receipt of payment for all work performed by all subcontractors up to the date of Contractor's application for partial or final payment in City's sole discretion. City shall further be entitled to make such payments directly to any subcontractors as may be necessary to obtain such lien waivers and/or certifications. In the event City makes any such payments directly to any subcontractors,the amount of such payments shall be deducted from the total amount due to Contractor pursuant to this agreement;and Contractor shall provide a written release to City in the amount of any such payments upon ten (10) days written demand. Concurrent with all applications for payment, Contractor shall provide City with a sworn certification of all work performed by all subcontractors and amounts paid to all subcontractors as of the date of application. 5.2. Retainage. City may withhold,from all payments prior to Substantial Completion,an amount equal to up to ten percent(10%)of work completed,at City's sole discretion. Upon Substantial Completion, City may release a portion of the retainage to Contractor, retaining at all times an amount sufficient to cover the cost of the Work remaining to be completed,at City's sole discretion. The time for payment of any retainage from City to Contractor shall be at City's sole discretion. Such payment shall not be unreasonably withheld. 5.3. Final Payment. The City shall not be required to make final payment prior to completion and acceptance of the Work by the City. Article 6. CONTRACT DOCUMENTS. There are no Contract Documents other than those listed below. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: a. This Agreement. b. Certificates of Insurance. c. Payment and Performance Bonds. d. General Conditions. e. Specifications. h. Drawings consisting of 0 sheets,with each sheet bearing one of the following general titles: i.Any Addenda. j. City Forms consisting of Insurance Requirements, City of Elgin Resolution No. 18-100 Establishing Prevailing Wage Rates on Public Works Contracts and March 2019 Kane County Prevailing Wage Rates, Responsible Bidder Affidavit, Equal Employment Written Commitment Guideline, Certification Requirements,Sexual Harassment Policies and Programs,and Bidder's Employee Utilization Form. Page-2- k. Any subsequent Written Amendments to any documents listed above and other documents amending, modifying,or supplementing the Contract Documents,which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. This Agreement and the Contract Documents listed above comprise the sole and exclusive Agreement between the parties hereto. There are no other agreements between the parties hereto either oral or written, and neither this Agreement nor any Contract Documents shall be modified or amended without the written consent of the authorized representatives of the parties hereto. Article 7. MISCELLANEOUS. a. Terms used in this Agreement shall have the meanings indicated in the General Conditions. b. No assignment or delegation by a party hereto of any rights under, obligations or interests in the Contract Documents shall be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents. c. City and Contractor each binds itself, its partners, successors, employees, assigns, and agents to the other party hereto,its partners,successors,employees,assigns,and agents in respect of all covenants,agreements, and obligations contained in the Contract Documents. d. The business address of Contractor is hereby designated as the place to which all notices, letters,and other communication to Contractor shall be mailed or delivered. The address of City is hereby designated as the place to which all notices,letters,and other communication to City shall be mailed or delivered. Such notices, letters and other communications shall be directed to the City's General Services Manager. Either party may change its address at any time by an instrument in writing delivered to Engineer and to the other party. e. The terms and provisions of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement shall be deemed to be void or otherwise unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect. f. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with the Agreement shall be in the Circuit Court of Kane County,Illinois. g. This Agreement shall be not be construed so as to create a partnership,joint venture,employment or agency relationship between the parties hereto except as may be specifically provided for herein. h. In the event of any conflict between any of the terms or provisions of this Agreement and any other Contract Documents,the terms and provisions of this Agreement shall control. i. Indemnification. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, the Engineer, Engineer's consultants and the officers, employees, boards and commissions of each and any of them from and against any and all claims,suits,judgments,costs,attorneys' 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 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 officer, employees, agents or subcontractors in the performance of this agreement,or arising out of or in connection with litigation based on any mechanic's lien or other claims,suits,judgments and/or demands for damages by subcontractors. 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 City's choosing. In the event and to the extent that any legal work is performed by City's in-house legal counsel pursuant to the provisions of this section,City shall be reimbursed by Contractor for such legal work Page-3- at the rate of$200 per hour,which rate Contractor hereby agrees and acknowledges to be a reasonable rate for such in-house attorneys' fees. The provisions of this paragraph shall survive any expiration and/or termination of this agreement. j. Compliance with Laws. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Contractor 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, Contractor hereby certifies, represents and warrants to the City that all of Contractor'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. Contractor 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 Contractor to determine Contractor's compliance with the provisions of this section. In the event the City proceeds with such an audit,Contractor shall make available to the City Contractor's relevant records at no cost to the City. Contractor shall pay any and all costs associated with any such audit up to the amount of$900. k. Contractor hereby waives any and all claims to interest on money claimed to be due pursuant to this Agreement, 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, as amended (50 ILCS 505/1, et.seq),or the Illinois Interest Act as amended(815 ILCS 205/1,et.seq). 1. Limitation of Actions. Contractor 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 whatsoever nature and in whatsoever forum after two(2)years from the date of this Agreement. m. Notwithstanding any other provision hereof, the City may terminate this Agreement at any time for convenience or any other reason upon thirty(30)days prior written notice to Contractor without penalty.In the event this Agreement is so terminated Contractor shall be paid for goods provided and/or services actually performed, and reimbursable expenses actually incurred as may be specifically provided for herein prior to such termination, except that such payment and/or reimbursement shall not in any event exceed the total amount set forth for the total contemplated payment provided for herein. Additionally, in the event this Agreement is so terminated, Contractor shall immediately cease the expenditure of any funds paid to Contractor by the City and shall refund to the City any unearned or unexpended funds. n. 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 a 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. o. Whenever used in this Agreement or in any of the Contract Documents,the term"Bidder"or"Bidders"shall be deemed to refer to the Contractor. Page-4- IN WITNESS WHEREOF,City and Contractor have signed this Agreement. One counterpart each has been delivered to City,Contractor,Surety,and Engineer. This Agreement shall be effective on April 24,2019 CONTRACTOR: CI Elgin 66zotee( ed- 4464/244-z. By: Edward Faust By: Richard G.Kozal Title: Region VP Title: City Manager FEIN# 20-0962902 Address for giving notices Address for giving notices City of Elgin 825 East North St 150 Dexter Court Elburn,IL 60119 Elgin,IL 60120 AT ST: t)./AlA City Clerk Page-5- CITY OF ELGIN, ILLINOIS,SPECIFICATIONS WATER DEPARTMENT DEEP WELLS #1A AND #3A WORK I. GENERAL CONDITIONS A. PAYMENT: The City shall make payment to the Contractor in accordance with the Agreement for Deep Wells#lA and#3A Repairs and the Contract Documents. B. HEALTH AND SAFETY ACT: All work under this contract shall comply with the Occupational Safety and Health Act(OSHA) of 1975 as amended. C. INSURANCE: Insurance shall be provided by the Contractor in accordance with the Agreement for Deep Wells#1A and#3A Repairs and the Contract Documents. D. STATE WAGE REQUIREMENTS: The minimum prevailing wage rates apply to this project. Contractor shall comply with all statutory requirements regarding prevailing wage rates. Contractor will keep accurate records showing the name, address, telephone number, social security number, occupation, hourly wages (including itemized hourly cash and fringe rates), hours worked each day, gross and net weekly wages for each laborer, worker and mechanic employed on the Work. The records shall be provided on a weekly basis to the City. The contractor shall collect and forward to the City the certified payrolls of all its subcontractors. The prevailing wage for any trade may change during the life of the Project. The contractor and all its subcontractors shall be responsible for checking the Illinois Department of Labor web page (http://www.state.il.us/agency/idol/) to ensure that they are paying the current rate. If the City discovers any discrepancies between the prevailing wage rates as apply to the Work and the Contractor's payrolls, or if the Contractor or a subcontractor fails to submit payrolls, no further payments shall be made to the Contractor until the discrepancy is corrected. ALL certified payroll must be submitted with an Application for Payment. All invoices go to City of Elgin Utility Department, 150 Dexter Ct., Elgin, IL 60120. All certified payroll should be submitted on a flash drive and mailed to City of Elgin Purchasing Department, 150 Dexter Court, Elgin, IL 60120. II. DETAILED SPECIFICATIONS General Conditions The work performed under this contract shall be in accordance with all Federal, State and Local codes in addition to accepted industry standards including the specifications and drawings contained herein. Special Notice Contractor shall inform themselves of the condition of the site, obstacles to be encountered, and all other relevant matters concerning the work to be performed including appropriate Federal, State, and City of Elgin codes as they may apply. The City shall not be obligated in any way by -Page- 1 - reason of any matter or thing concerning which such Contractor might have so informed themselves prior to entering into the Agreement for Deep Wells #1A and#3A Repairs. The City shall not be held responsible for any delay in receiving repair parts, starting of the pump, or any other similar difficulties, incidental costs resulting from the use of pipe dope, gaskets, small fittings, bolts, cap screws, and other minor items shall be borne by the contractor. In the event that any damage occurs to the pumping equipment or well due to any operation by the Contractor, all expenses incurred shall be borne by the Contractor. This provision shall apply until the normal guarantee period specified in the contract has elapsed. Work will be under the supervision of the Water Director. The job site shall be returned to proper condition at the contractor's expense, including but not limited to the repair or replacement of fencing, black dirt and seeding. The contractor is responsible for confirming all necessary field measurements. Scope of Work The Contractor shall complete all work in the correct order to facilitate the proper installation of all aspects of this project. Work shall follow: TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER r: WATER AND SEWAGE PART 920 ILLINOIS WATER WELL CONSTRUCTION CODE PART 1 -GENERAL 1.1 SUMMARY A. Provide new or repaired deep well submersible pump equipment as specified herein, and as needed for a complete and proper installation. The equipment shall be sized to properly fit in the existing well. B. Provide labor, materials, tools, chemicals, piping, fittings, valves, discharge orifice and manometer, and equipment necessary to conduct the pump performance test and disinfection. C. The individual items 1-3 below shall be priced as specified. D. Documents affecting work of this Section include, but are not necessarily limited to, the General Conditions of the Contract Documents. E. Item 1-3 shall include all of the equipment, labor, trucking, and materials necessary to properly remove and dispose of any equipment that is abandoned from the well and site. 1.2 SUBMITTALS A. Submit shop drawings, including pump dimension drawings, motor data sheet, pump capacity-head curve, and manufacturer's detailed specifications and recommended installation procedures. B. Submit operation and maintenance manuals. 1.3 QUALITY ASSURANCE A. Perform shop and/or field welding required in connection with the work of this Section in strict accordance with pertinent recommendations of the American Welding Society. - Page-2 - 1.4 DELIVERY, STORAGE, AND HANDLING A. Provide delivery of materials including safe storage while onsite. PART 2-PRODUCTS ITEM 1 DEEP WELL lA REPAIRS Repairs for Well 1 A shall include the following: 1. Mobilization and labor to pull Well 1 A equipment for inspection. 2. Inspection of submersible motor and pumping equipment, including root cause failure analysis. 3. Repairs to 350hp, 2300v, Oil-filled Sunstar Type M motor. 4. Flat Cable Assembly, tape, banding, fittings. 5. Dual airlines 6. Medium voltage motor splice. 7. Installation of wear rings in pump bowl assembly. 8. Reinstallation of well equipment including testing and disinfection 9. 2500v, 3-phase, all mode protection TVSS Unit, 120KA/PH Surge electrical, Surge Suppression Device with monitoring unit and installation. ITEM 2 DEEP WELL 3A REPAIRS Repairs for Well 3A shall include the following: 1. Mobilization and labor for equipment installation, including disinfection and testing. 2. New 350hp, 2370v, 725HMI, 3600 rpm, 99 amp Centrilift Oil Filled Motor. 3. New WNE900 Series, 6 Stage Bronze Bowl Assembly rated for 1600gpm @ 860'TDH with abrasion resistant SXD Technology. 4. High Load 675 Seal Package 5. Flat Cable Assembly 6. 10"x7" Swage Nipple 7. 120 feet of 8" Schedule 40, A53B T&C Epoxy Coated Column pipe with API Line Couplings 8. Cut & Rethred 10 Sections of 8" Column pipe, including shipping and mobilization 9. 800 Feet of Centrilift Medium Voltage heavy duty pump cable 10. 2-8" Lakewood Style Line Check Valves 11. Tape, Banding and Fittings 12. Dual Airlines 13. Medium Voltage Motor Splice 14. 2500v, 3-phase, all mode protection TVSS Unit, 120KA/PH Surge electrical, Surge Suppression Device with monitoring unit and installation. -Page-3 - ITEM 3 ELECTRICAL PROTECTION DEVICES Electrical protection devices shall include the following: 1. Solid Grounding of (2) ComEd Transformers for (2) Volt Services, including installation 2. High resistance grounding based on 5 amp system for 2 services, including installation ITEM 4 MISCELLANEOUS ADDITIONS TO PROJECT AT OWNER'S DISCRETION The specifications for this work adequately describe the work to be performed. If additional work is found to be necessary and/or beneficial to satisfactorily complete the work, it shall be brought to the attention of the Owner, in writing. If the Owner determines, at the Owner's discretion, that the additional work shall be completed, then this work shall be paid for per man- hour, including equipment, labor, supplies, overhead, insurance and profit. The Contractor will include a sum of $30,000 for miscellaneous additions to the project at the Owner's discretion. Only additional work, not covered by the scope items, will be eligible for payment under the Cash Allowance. PART 3-EXECUTION 1.1 ERECTION, INSTALLATION, APPLICATION A. Install equipment in accordance with manufacturer's recommendations. B. Setting of pumps shall be the same as the current installations. C. Attach power cable and air lines securely to each section of column pipe with stainless steel bands and clamps. 3.2 FIELD QUALITY CONTROL A. Provide the services of a qualified representative to supervise the installation and testing of the deep well submersible pump equipment. B. Test pump equipment performance upon completion of the installation. 1. Pump for a minimum pumping period of 4 hours. 2. Verify for the City's approval that the pumping equipment meets the specified pumping and efficiency design criteria. 3. Discharge pumped water in such manner to prevent damage to public or private property. 4. Verify correct operation monthly for the first three months, then quarterly for the remainder of the first year of operation. - Page -4- Starting/Completion Contractor shall meet the schedule provided for in the Agreement for Deep Wells #lA and #3A Repairs and the Contract Documents. Liquidated damages will be assessed in accordance with the Agreement for Deep Wells#lA and#3A Repairs and the Contract Documents. Site Security The contractor shall at a minimum, provided temporary fencing to secure the work area. Temporary fencing shall be removed after project completion. Site Restoration The contractor shall restore the job site grounds to its original condition. Including hauling and spreading black dirt and grass seed where identified by the Water Director. The Contractor shall restore all fencing to like new condition. All work shall be done in accordance with the General Conditions, specifications and drawings. Workmanship and materials shall be guaranteed for not less than one year from date of installation. The City is under no obligation to pay for any additional work performed or materials provided outside of the scope of work without the prior written approval and authorization of the Water Director or her designee. The Contractor must receive prior written approval to perform or provide any additional work or materials outside the agreed to scope. The City retains the right to delete any of the above items from the project due to time and/or restraints at the direction of the Water Director. -Page -5-