01-313 Resolution No. 01-313
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
FREE FLOW TAPPING AND INSERTING COMPANY INC. FOR A WATER VALVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that pursuant to Elgin Municipal Code Section
5 . 02 . 020B (6) the City Council hereby finds that an exception to the
requirements of the procurement ordinance is necessary and in the
best interests of the city; and
BE IT FURTHER RESOLVED that Joyce A. Parker, City Manager, be
and is hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with Free Flow Tapping and Inserting
Company Inc . for insertion of a 16 inch water valve, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 28 , 2001
Adopted: November 28, 2001
Vote: Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
AGREEMENT FOR:
16"Water Main Valve Insertion
This Agreement is made and entered into this 12th day of November, 2001 by and between the City of Elgin
("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and
Free Flow Tapping and Inserting Company Inc. incorporated in the state of and having
a principal place of business at Naperville Illinois (CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement,the Invitation for
Bids (IFB) including all documents referenced therein and the Contractor's bid response (bid) thereto
incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the
goods and/or services all in accordance with the IFB and CONTRACTOR'S Bid. In the event there is a
conflict between this Agreement and the bid documents,the bid documents shall supersede this Agreement.
ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT
upon receipt of a purchase order from the City.
ARTICLE Ill. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a)
any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the
CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to, the
following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS
CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to
perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the
completion of THIS CONTRACT within the specified time due to a reason or circumstance within the
CONTRACTOR's reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably
satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were
rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS
CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts
specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The
CITY may terminate THIS CONTRACT for its convenience upon fourteen (14)days prior written notice.
ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for services,the CITY may keep for
its own the whole or any part of the amount for expenses, losses and damages as directed by the
Purchasing Director, incurred by the CITY as a consequence of procuring services as a result of any failure,
omission or mistake of the CONTRACTOR in providing services as provided in THIS CONTRACT.
ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws
of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to
such laws or ordinances, such clause shall be void (the remainder of the contract shall not be affected)and
the laws or ordinances_shall be operative in lieu thereof.
ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age
or physical handicap which would not interfere with the efficient performance of the job in question. The
CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section
3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those
provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in
recruitment, screening, referral and selection of job applicants and prospective subcontractors. The
CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby
incorporated by reference, as if set out verbatim.
ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS
CONTRACT without prior written consent of the CITY.
ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and
executed with the same formalities of the original.
ARTICLE IX. NOTICES.Any notice given under this CONTRACT shall be in writing and shall be deemed to
have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt
requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project
manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter
Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall
designate in writing to the other in the manner herein provided.
ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and shall
indemnify, defend 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 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 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, defend and hold harmless, such action shall be defended by legal counsel
of the City's choosing.
ARTICLE XI. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City
of Elgin for public advertising unless prior written permission is granted by the CITY.
ARTICLE XII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties.
There shall be no promises, terms, conditions or obligations other than those contained therein; and this
agreement shall supersede all previous communications, representations, or agreements, either verbal or
written, between the parties.
The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to
commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its
behalf.
IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written.
CONTRACTOR TY OF EL/GIN'
)1,neiti , fres.me and Title •yc 1 arker
FEIN NO.' '
%�,y j° o City Manager
_IF'V- —01 11 :23 HM FREE FLOW
6303572059 P. 01
Free Flow
tapping&inserting co, inc. _ Quotation
P.O. Box 2632 No 123=1
Naperville, IL. 60567 Date: 1/24/01
630-985-1945 • Reference: 2001new
TO: PWDeptlWater Div
35 Ann St
City of Elgin
Elgin,IL 60120
ATT:Tom McCoy 847 931 5985
fax847 931 6041
We are pleased to quote,subject to the terms and conditions set forth below,a price for the following pressure installation to be performed at:
Elgin,Ii.,
—
Quantit Descri•tion _ — Unit Price Total Price
(1) 6"Cl/DI watermain valve insertion(USPipe AWWA MJ) $4,950.00
(1) 8" ditto 5,250.00
(1) 10" ditto 7,000.00
(1) 12" ditto 7,200.00
(I) 16' ditto 18,900.00
tbd
based on strip/1 day ea.
Free Flow to provide 2men(incl lic piumber),boomtruck,insert machine,
&USPipe AWWA insertion valve&sleeve MJ for ea size read
Owner to provideOSHA approved escavations,backfill,clean pipe,valve boxes or sa alts&air coral ressor for 16"
•
DELIVERY:Approx. ',awe y after receipt of firm order, TERMS:Net 30
The above price Is based upon FREE FLOW t&i Co.INC.furnishing labor,equipment,and material for satisfactory completion of the
job;except as noted: ..• . L
Our price is also based on the work being completed within not more than Ma el continuous working days with no overtime.Any
delays caused by the customer,or those at his direction,which extend the number of days required to complete the above shall be billed
extra at$ RA 00 per O.T.man hour and S per day.
The customer will arrange and pay for any permits, icenscs,inspection fees,and taxes applicable.
The customer will provide any necessary excavating,shoring,scaffolding,or barricades.
ACCEPTANCE: FREE FLOW t&i Co.INC.
One copy of this quotation must be signed and returned For questions or more information contact
to our office within thirty(30)days for the above prices to be valid, the writer.
ACCEPTED BY: By:
i
John Reef
Date
f`,it,/y Agenda Item No.
City of Elgin
L I;Li I 9
Ba
November 9, 2001 +511 r �".
►5111 : I
G a oil . 1���I
51111 It i�
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TO: Mayor and Members of the City Council M
N \' 51 1 : -y. '8:I
FROM: Joyce A. Parker, City Manager FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SERVICES,
AND DUALITY INFRASTRUCTURE
SUBJECT: Sole Source Contract with Free Flow
Tapping and Inserting Co. Inc .
PURPOSE
The purpose of this memorandum is to provide the Mayor and the
members of the City Council with information to award a contract
for a 16-inch water main valve insertion for the Water Department .
BACKGROUND
The Water Department ordinarily installs water main valves that
require interruption of water flow to properties connected to the
r main. In some areas, such as near hospitals, the water flow cannot
be interrupted. While many companies can insert plugs to stop
water flow, only one company has been found that can install a
water valve without interruption of the flow. Free Flow' s valve
inserting process permits the 16-inch valves to be inserted into
the water main without interruption of flow. Free Flow 16-inch
valves have been installed successfully in the City on Douglas
Avenue near Jefferson Street and on East Chicago Street, east of
Douglas Avenue .
The installation shall take place this year 100 feet north of
Larkin Avenue near St . Joseph Hospital for a cost of $18, 900 .
GROUPS/INTERESTED PERSONS CONTACTED
None .
E)
((JINANC IMPACT
There are sufficient funds available in account number 401-4005-
771-40 . 09, where $22 , 000 has been budgeted.
GAL IMPACT
1 .44
Sole source procurements are permitted by Elgin Municipal Code
Chapter 5 . 14 .
r
" Free Flow Tapping and Inserting Co. Inc.
November 9, 2001
Page 2
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that the City Council approve a sole source award
to Free Flow Tapping and Inserting Co. Inc . for insertion of a 16-
inch water valve for a total of $18, 900 .
Respectfully submitted,
� J
Joyce\A. Parker
City Manager
GAC