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HomeMy WebLinkAbout25-45Resolution No. 25-45 RESOLUTION AUTHORIZING EXECUTION OF A RELOCATION AGREEMENT WITH NORTHERN ILLINOIS GAS COMPANY D/B?A NICOR GAS COMPANY FOR RELOCATING NATURAL GAS FACILITIES IN CONNECTION WITH THE U.S. ROUTE 20 AND REINKING ROAD ROUNDABOUT PROJECT 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 Relocation Agreement on behalf of the City of Elgin with Northern Illinois Gas Company d/b/a NICOR Gas Company, for relocating natural gas facilities in connection with the U.S. Route 20 and Reinking Road roundabout project, in such form as approved by the Corporation Counsel. s/ David J. Kaptain _ David J. Kaptain, Mayor Presented: February 26, 2025 Adopted: February 26, 2025 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RELOCATION AGREEMENT This Agreement is made this 7,-3ay of . "AV , 2025 between CITY OF ELGIN, a body politic and corporate, with offices at 150 Dekter Court, Elgin, Illinois (the "CITY") and NORTHERN ILLINOIS GAS COMPANY DB/A NICOR GAS COMPANY, licensed to do business in the State of Illinois, with offices at 1844 Ferry Road, Naperville, Illinois (the "COMPANY"). WITNESSETH: WHEREAS, the CITY is the lead agency for a federally funded highway project and desires to improve the intersection of Reinking Road, Oak Street and US HWY 20 (hereinafter referred to as the "PROJECT") under State Contract Section 19-00187-00-CH. WHEREAS, in order to allow for the PROJECT, the CITY desires COMPANY to relocate and protect certain of COMPANY'S facilities, all in accordance with COMPANY Work Order plans 1213954/3213954/4213954 (hereinafter referred to as "WORK") attached in summary format hereto; WHEREAS, the COMPANY has preliminarily estimated the cost of the WORK to be $500,000.00 based on the attached EXHIBIT A, Estimate of Cost, and attached EXHIBIT B, Nicor Reimbursable Area. WHEREAS, the WORK is eligible for reimbursement to COMPANY, with the CITY responsible to fund 100% of the actual cost of the WORK, and the CITY will request reimbursement for some or all of the costs from the State and Federal agencies that are participating in the PROJECT; WHEREAS, COMPANY is willing to perform the WORK provided that the CITY shall reimburse the COMPANY for 1006/6 of the actual cost of the WORK; WHEREAS, the CITY agrees to reimburse COMPANY on such terms. NOW, THEREFORE, for and in consideration of the promises and of the mutual covenants and agreements as hereinafter contained, the parties hereto agree as follows: INCORPORATION All recitals set forth above are incorporated herein and made part hereof, the same constituting the factual basis for this Agreement. SCOPE OF WORK COMPANY shall provide the CITY with detailed drawings for the WORK (including surveys and other engineering services), and any required specifications for the relocation and protection of its facilities. COMPANY then shall relocate its facilities in substantial accordance with the drawings and specifications. COMPENSATION In accordance with EXHIBIT A, the total preliminary estimated cost of the WORK is $500,000.00 with the CITY responsible for 100% of the actual cost as follows: Lgiation Estim#JSWork Order Reinking Rd/Oak St and US HWY 20 $500,000.00 1213954/3213954,4213954 COMPANY, upon completion of the WORK, shall promptly render to the CITY a detailed statement of the actual costs, including overhead costs. The CITY shall review that statement of the actual costs and reimburse the COMPANY for I00% of the amount billed provided that such billed amounts reflect actual costs of the WORK, even if the billed amount exceeds the preliminary estimate set forth above. Payment shall be made in full by the CITY within 60 days of receipt of statement, ,tom MODIFICATION OR AMENDMENT The parties may modify or amend terms of this Agreement only by a written document duly executed by both parties. ENTIRE AGREEMENT This Agreement, including matters incorporated herein, contains the entire agreement between the parties_ There are no other covenants, warranties. representations, promises, conditions or understandings; either oral or written, other than those contained herein. This Agreement may be executed in one or more counterparts, each of which for all purposes shall be deemed to be an original and all of which shall constitute the same instrument. In event of any conflict between the terms or conditions of this Agreement and terms or conditions found in any attachment hereto, the terms and conditions of this Agreement shall prevail. This Agreement may not be assigned by either party without the prior written consent of the other party The Agreement shall be binding upon the parties hereto, their successors and assigns. SEVERABILITY 2 In the event, any provision of this Agreement is held to be unenforceable or invalid for any reason, the enforceability thereof shalt not affect the remainder of the Agreement. The remainder of this Agreement shall be construed as if not containing the particular provision and shall continue in full force, effect, and enforceability, in accordance with its terms. GOVERNING LAW This Agreement shall be governed by the laws of the State of Illinois as to both interpretation and performance. VENUE Venue for any dispute relating to this agreement shall be in the State Courts of Kane County, Illinois; provided, however, that any such claim or cause of action may be brought in, or removed to, the United States District Court for the Northern District of Illinois, to the extent that such court would have jurisdiction over the subject matter of such action. NOTICES Any required notice shall be sent to the following addresses and parties: Nicor Gas Company 1844 Ferry Road Naperville, Illinois 60563-9600 AM: Greg Stiglic, PE, Director - Engineering City of Elgin 1900 Holmes Road Elgin, Illinois 60123 ATT W Mike Pubenu, P.E., Public Services Director with a copy to - City of Elgin ISO Dexter Court Elgin, Illinois 60120 ATTN: Corporation Counsel All notices required to be given under terms of this Agreement shall be in writing and either (a) served personally during regular business hours; (b) served by facsimile transmission during regular business hours; or (c) served by certified mail, return receipt requested, properly addressed with postage prepaid. Notices served personally or by facsimile transmission shall be effective upon receipt and notices served by mail shall be effective upon receipt as verified by the United Postal Service. Each party may designate a new location for service of notification by serving notice thereof in accordance with the requirements of this Paragraph, and without compliance to the amendment procedures set forth herein. 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate counterparts, each of which shall be considered as an original by their duly authorized officers as of the dates below indicated. EXECUTED by COMPANY, this 611 day of `( 2025 NORTHERN ILLINOIS GAS COMPANY DB/A N1COR GAS COMPANY pn'/ By:A k ry"t AD PT D by the CITY O GIN, this _6 day of February , 2025. Village Clerk APPROVED this 8 day of April _ , 2025 •1.A C -.Usm\kadin bailey\Boxll.egal DcM Agreemenl\Nuor Relocation Agr-US 20 Reudwtg Rd Roimdabout-Clean4-&25 docx 4 0 $ � z 2 w V M O u R z N ri + `{ / ll, :a1R &J—1 f t i 11 Jill ����IDlaa � it�ll��lti L ,di��=1 ,b . 4 .l r. i t ! f a w J N m W m � of I ■� i � •� J li ED 5 R pp �i+iiIIOLL�iS IF ~ w} , 1 # fJ[ } } } I } 1 } r I i Lam. s z Al J • 4 J Y. i Y f = ! �1 Page 1 of 3 NICOR GAS COMPANY ESITMATE FOR COST INCURRED DUE, TO REVISION OF EXISTING FACILITIES IN CONNECTION WITH PUBLIC IMPROVEMENTS LOCATION: US 20 and Oak Street, Plogree Grove IL DESCRIPTION OF WORK, Relocation of approximately 1,000' of 6" gas main AGENCY. Village of Elgin WORK ORDER NO. 1213954/3213954/4213954 Permanent Facilitks 1 Contractor Charges (Contractor Casts + Additions to Contract) 367,645.43 2. Utility labor 11,030.10 3. Material (Material + P:O, (if applicable)) 7,965.89 4. Retirement 29,408.16 Service Transfer (1 -m S408.50) 1 408.50 5 SUB TOTAI S 416.459 6. Engineering 0.02 of line 5 8,329.17 7. Payrol I tax, & pension 044 of line 2 4.953.51 8. Transportation 0.2 of lint 2 2,206.14 9. Material handling 004 of line 3 31864 10. Indirect departmental costs 001 of line S 4,16459 11. Administrative Overhead 0.03 of line 5 12,493.76 12. Distributed Direct Costs* 0 11 of line 5 S 42,134 00 13. SUB TOTAL, $ 490,958 14. TOTAL. REIMBURSEMENT $ 300,000 • Distributed Direct Costs does not include Contract Contingency Pape 2 of 3 I r r : • c,llll • amity La 4uJilbiOl :s UnN Co Exhm3IDn =3 Utmty Inspector 2W Hour $60.38 $10,076.00 2024 CWIroler - Sys Opa 10 Hour $42.52 $425.20 2025 Specialist - Sys Ops 10 Hour $52.95 sulmtal 352950 1111,034,Z4 figiSmOn2mm Overift Unit CAM Lamm Work ltmsr 6 in PE 1DD5 L.F. 527.19 327,325.95 Work Item 61124-Pavomard OpanhV - Temp. Pa%*kV 431 S.F. S3.96 61,706.76 Work hem 61122-Pavement Oper ft • Side Walt 100 S.F. $1.99 1199.00 Work Item C1 Tap4' 1 Each $2,015.96 $2.015 96 Work hem 61111-Concreta sawlasp,mt including scorkq 20 L F. $4,89 $97 80 Work ttom 61112-Blacktop eawlnp,mt WudhV scoring 104 L. F Wit $368.16 Work Nam 62113 Dir Bwlnp. STL PE. 0 In 62D Ft 321.80 $13.712.20 Work hem (7062) r Imlvion Valve 2 Lump Sun $1.397.43 $2,794.86 Work hem 61121 psvemem opa *V% macadam or equivalent 331 Ft 32.99 S989.M Work flan 81131 Extra excavation In excess of 3IL 177 C.Y. SM.2e VA34.02 Work hem 81212 FNMA In w oasa of 1 par 20OR ad 4' 2 Each S27.64 $5528 Work Ran 61213 Fitdnp W1 excess of 1 par 2DOR ad 6• 0 Each 335.38 S0.00 Work Rem 61223 FltRnps In excess of 1 per 20M PE 6' 12 Each 330.98 $371.62 Work hem HydfoVac w/ 1 men Crew Standard Rate 20 How 3344.10 $6,882.00 Work hem Sewer Inspection wlth Cleerdnp 400 FL $18.78 $7.512,00 Work hem 110024) Spot Removal, Ind Trucking 18 Load $560.19 $10.083.42 Work hem (10025) Spot Removal Dump Fee 30D Ton SO." $16,718.40 Work pets+ (I OM) Tnx*ft -Semi Dump 40D Hour S1ea.78 $67.512.00 Work Rem Craw W Egtdprrram 80 Hour $102.22 $12.177.60 Work Item (10D08) HydroVac Water 6 Each $36.60 $219,60 Work ham (1D006) HydrovocDump fee per bad 6 Each S386.05 $2,196.30 Work Ram 22100 Traffic Control-0ayrelo ST 480 Hour $162.22 get $73.065.60 5253.888.12 Chond0t UM Unit Cos1 Ea 1 Trench BadM 1T7 C.Y $240.00 342.48040 Landsctpe Reslwation 1005 Ft S2S.00 $0.125.00 Post Camere Ir speceon - Main 1005 LF. $4.70 34.72350 Post Camera Inspection - Swvlos 1 Each $750.00 $750.00 Survey 1 Lump Sum S6,0DD.DD 38,000.00 LocaMV 1005 L.F. S1.30 51,306.50 Contract Condpancy (applied to Value = Contractor Costs + Additions to Contract) 1 Each 1 D% Sipta( 333,422.31 J113,80731 materlal ((m A 1 Code t unit cost Extembn 21028 TAP INTO PIPE, PRESSURE CONTROL FITTING 1 Each $1 447.19 $1.447.19 721.16 BRANCH CONNECTIONS 1 Each $254 77 S264.77 725.05 PE VALVE INSTALLATION 2 Each $1.334.61 $2,66922 =490 REDUCER, PIPE; SIZE! 6 X 4; MATERIAL, STEEL; CONNECTION: WEL 1 Each U5.15 $25.15 837330 TEE; SIZE. 112 IN X 1R IN; CONSTRUCTION: SERVICE NPT GAUGE 1 Each $21.65 $21 65 937637 NIPPLE, STOPPER; SITE: 2, MATERIAL: STEEL; CONSTRUCTION: IPS 2 Each SM.96 $73.02 837788 CAP 112 MI GALV THRD A197 15OLS 2 Each $1.43 $2.06 830610 PIPE; TYPE: STICK* SEE: 2 INX 2D FT; MATERIAL: PLASTIC IPS 2 Each $2 17 $4.34 SM13 COUPLING. ELECTROFUSION; SITE: 1 IN; CONSTRUCTION: PE CTS EL 2 Each $5.11 $10-22 839520 PRIMER PROTECTO 1000 ONE GALLON CAN PIN 9701 -4 GALS PER CS 2 Each $100.30 3200.60 839526 PRIMER FOR BROWN WAX TAPE BELOW GROUND 1 GAL CAN 5 Each $44A3 $=-ll5 839852 FITTING, TRANSITION; SIZE: 6 X 6; MATERIAL: STEEL TO PE; CON 2 Each $24527 $490.54 839e81 GROUND CELL 50 SIGNAL TRACER WIRE ZINC 2 Each 527.58 $55.16 841383 TEE; SIZE- 4 X 0.237 IN WT: CONSTRUCTION; WELD Y-52 PER GMS 1 Each $128.88 $126.58 841417 CAP, PIPE: SEE 4 x 0 337 MWT. MATFRIAI- BUTT WELD 6TEEI- 1 Each 566,70 $W.70 841747 TEE; SIZE 21N IPS X 1 IN CTS; CONSTRUCTION: SERVICE PE EF 2 Each $15.73 $31.48 $41909 MARKER; TYPE VULCAN. SUE: 72 IN X 3 112 IN 00; CONSTRUCTIO 4 Each $ 0,01 S160.04 941947 REDUCER. SIZE: 4 IN IPS X 2 IN IPS; CONSTRUCTION: PE SOR 11. 2 Each $45.63 391,26 Page 2 of 3 Work Order 841953 4213954 LIE ag S Oak I= ELBOW; SIZE: 8. DEGREE. 45; CONSTRUCTION. PE IPS 2406 SOR 13 2 Each $85.73 $171.46 842392 CONNECTOR; TYPE: TRACER WIRE;MATERIAL: SILICONE; CONSTRUCT$ 2 Each $5.99 $11.98 843847 VALVE. SIDE: 2 IN IPS; CONSTRUCTION: PE BF TIE-IN ONLY 2 Each $9028 S180.58 OM78 ELBOW; SIZE: 6; DEGREE: 90; CONSTRUCTION. IPS PE 2405 SDR 13 a Each S85.92 SM7.36 843880 CAP: TYPE. STAB; SIZE. I IN CTS X 0.099 W WT: CONSTRUCTION: 2 Each S8.20 $12.40 843890 CAP 2 PE IPS 2706 BF ASTM D3281 BUTT YELLOW 2 Each $1.87 W4 8438N REDUCER; SIZE 6 IN X 4 IN; CONSTRUCTION: IPS PE BF PE2406 S 2 Each $21.74 $43.48 844303 WIRE; SIZE: 2500 FT SPOOLS. MATERIAL STEEL 812 GAUGE COPPER 2000 FT $0.11 $220.00 844319 TAPE TRENTON UNDERGROUND WAX # 1 BROWN ON X 9FT 5 Each $10 45 $5225 844320 1nra, i i rc. encnivn unvanvnwnu jw %onw6w vvnnv ■vn.`r. 5 Each f33.57 $187.85 $0569 unTco TAPE CORROSION! PREVENTIVE 41NX 75FT ROLL NOT APPLIED 5 Each $91.74 >iubkol $458.70 syma.59 Too[ InreaMw t Word OnIw 12W Page 3 of 3 Work Order 42139S4 US 20 &_Oak &treat TOTAL, JOB QUAI"jIES Retirement Work Order Charges - 3213954 Total Job Company Labor Quantity 111% Unit Cost Extens 2024 Specialist - Sys Ops 10 Hour $51.16 $511.61) 2024 Utility Inspector 32 Hour $52.52 $1,680.64 2024 Controller - Sys Ops 10 Hour $42 52 Subtotal $425.20 12,617.44 Contractor Charges Quantity VAR Unit Cost Extens Work Item C+ewwl Equipment 160 Hour $152 22 $li12 Ial $24,355.20 S24.3 5, Contract Contigency (applied to Value = Contractor Costs + Additions to Contract) F L7 - I : C P1-1 7T1 a lk..�. �.. 1 Each 10% $2,435.52 Subtotal $2,435.52 Subtotal IQ,.Q4 1201 629.408•11