04-225 Resolution No. 04-225
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
DJI, INC. FOR EXCAVATION AND HAULING OF SPECIAL WASTE
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 that David M. Dorgan, City Manager, be and is hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with DJI, Inc., for
excavation and hauling of special waste at 707 West Chicago Street, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 2004
Adopted: August 11, 2004
Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
RUG-05-04 11 :45 PM G. T. D. D. J. I . 815969961526 P. 02
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This Ag+aetrienf IS MR&and entered ltuo Cl 3rd da;of AuCus',2004 by and berwoett Cu City of 812in("the CITY").a
mtutic:pai corporatlon organ'.zed and*slating tinder the laws of the State orlllinnis.anri i13I,Time.,ittcorporatod in the
Hate of Illinois pact htl,ing a Principal place of bUflne;F, at 202 West Strte Sttecl, Rockford 1L 61141 ("der
C'ONTR^CTOR"1,
A JXS-M i• M \ \. 'THIS COW. RAC 7"as mcd hPrPlo shall=3—.1 this Agreemen'and the(;ontractor`;
quote dated August 3,,2004,attached hereto and incorpor.itcd herein.
• ACQU 'C1!•'M O—A& Sec Attachment A hereto.
I 'LF lit.-TAB.'t'1I.A11 N, TIN fullcming Rhal'.011stitute events ufdefault uudtr THIS CON MART. a) any
mateual uuisrep,esenULinn madr by tlir.CONTRACTOR to the C.rFY,b) any faihve by the COti'IRACTOR to perform
env of its obligations under THIS'CONTRACT jncluding, Tut not iimitcd to,the Cclluwi(+g (i) failitrc m cormrwnce I
perfiirrrtance of T 115 CONTRACT at dte tune specified in THIS CONTRACT due to a reason or,ircums anc:wain
Cq pmen or with R', reasonable control,`ii) failure to perfoml THIS CON"TRACT wish auffiripm perso=el and
[yuipment or with su!lirient rnatel'i.a!to enure the cumplenon of Tl{IS CONTRACT within the specified tithe duc w a
reason or cim=riStatlec within the CONTRACTOR'S laa.,u:iabl:cuntrol,(iii)failirrP tri perform lI 5 CON.-MALT in a
MATincr rr-l. sarlsfactory to the CITY,(1v) failure to promptly to perform i.v;tlun reasonable t3tne the scrvicts that
We.m rejected by the CITY as erroneous ur uosati 5wwry, (�) faftTe to cottlply With A MAIP7121 tarn of Ilil5
CONTRACT,including,but not limited to the Affunian ve 4cti.onrequirancnts.and(.•i) anti•other acts specifically and
expressly stated in THIS CON T RACT as constituting a basis fut termination for causr. The(TTY may torrnirate TMS i
COINIR.ACT for its convenience-.1pon fourteen(14)days prior written notice.
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C'LK . �AGgS r'fm any tune due to the CONTRACTOR for services.the CITY tray keep for its OUT
the whole ur artypa .of the ammint for expenses.Iosses and damages as directed by the Pwchastng Difeetor.i.'xwwdby
The CITY as a consequener of pnxutttfg scryiccs as a result of say failure.omissipn m mistake of tit*CONTRAC'T'OR
if'piuviding yvrviccs as provided:n THIS CONTRACT
ABI[.CLFe S*OVI RNIiNC:LA R', A Nn OR=jTV A V---, Thy CONTR yL 1 is Triado subj @Ct tv all the law;of the
State of Illinois and the ordi=Ces of tole CITY a.xl if any such clause herein does not ennfhrn to such laths of
ordinances,such elaiise shall be void(the remainder of 0T etutr act shall not be aftcctcd)and the laws or ordu,anCcS sball
be operative in lieu thereof,
AR XLE Al. AFFTRMATIU AC;CION, 'tyc CON7RACTOR will not disc-inn{rate against any employee or
applicant fir etnptoy"nt because of race,color,religion,sex,ar.Ceetry,netiona'origilt,place of birth,ape of physical
handicap which would not interfere with the cflicient Iierfnmianrr.ofthe job in gr:estion, The CONMACIUR will take
affuniativp aCtioti to comply eidt [he prtmatona of Elgin Vlunicipel Code Sccaoa 3.12,100 and wi'.1 require Any �
suboon'Tactor to Submit to tl,e C7TY a wrillen commitmen to comply with 01030 pto.•istons, the CONTRACTOR will
lisgnibuto Copies ofthis coittzmtment to all persons who participate in rccruitnien',screening,referral and saTr rticir ofjob
applicm:ts aid prospective subconuacters. T)r CONTRACTOR.agrees that the provisions or C'`'hapter 3.12 of the Elul
MmUt,N Code, 1 976,is hereb7�1jacorpotated by tefer:ncc.as if set out verbnGu
AR—MOLE VU, ASSIG 1ASILTTY- The CO179ACTOR:hall not assigi+. sell cur ti'an%fr'r ary iuterCst%THIS
CQNi RACI without ptivr w,ittcn consent of the CITY.
ARTICL"E��TI, y?S. Tht+rrshallbenomodificationoftheCONT KNCr,except inwririrrg and,.tccnt '
With the tart*tormllities of the arigina!,
LE IX. WTICES.Any notiCf given under es CON71WT shall be In writ10et and Shall be deemed to have
been giveh when hand deAverrd or deposited in the U.S.mail,cc:tifued or registered.rctiltll:v cipl requectrd,addressed.
tf to CONTRACTOR,at the address set forth above to the att"tion ofthe project manager or undMignedrepresentativc,
I
AUG-05-04 11 :46 PM G.T. D. D. J. I . 815969961526 P.03
c:,,Xnd4 1r:44 80 7ys1!56Qy i- F.CHASINr_-. Palk 83/c,4
end ifto the City,to the attention of the City Manager,:SU Defter C:oart,Elgin,iL 60111:or to Such other address andlar.
auhorized represectativ'ra as Ethel patty shall designate in Writin,j to the ollwr in tlt:r.-arner herein provided.
AM C �X.0 AENFIMIC TI 1'i. To the falltst extent permitted bylaw.Contractor a&rees to and shall indemnify,
defcd and hold harm;ca,the City,its or&otg,emploveeS,beards and etmuniwiom from and against any and al►clears.
9uus,)edgrncnt3,costs,2aorttey'9 fees,damages or finv and all otl.cr reli.f M liability arising out of or resulting fromor
tluu60 or itftod to ad-c out of arty acts or negligee: acts or oruissiom of Contractor or ContraCtor's eflicers.
attlployee% agents or vbeontractors is the performance of rhic agreement, includinc Sit not limited ta. all' Z00da
4Clircrtd w'get vices or wutk ptxf0fined heronndor.In the even;of ally action against the Citv,its cl.Txers,employees.
agents,boards or commissions covered by 0e foregoing dvt�'to indemnify,defer_d And bold hamtiess,such ac.tim
be derinded by legal co',msel of thr. Citv's choosing.
ANTTC'i E XL EULT .ITY The CONTRAC rOR n:ay not use,in any form or ryc6iurta,the name of the Ciy of Llgu,
for pr blic advertising aalees prior a;rtten permission t;g:anted by the Cl I Y.
LCLE XU A1711 AJ' . The eucurnstanecs necessitating this C:OIvIRACT were not reasonably
formeeable at the timt the original bids for the project were issued and the original r: ,mract.,fur the W oject weir sisned.
This CONTRACT is in Ole best interests of the CITY are is authorized by Im.
ARTICLE M. EN1111E AGREEM XT. Thi4 CONTRACT crrrbodim the whoic ogre ement of the parties. Titers
shall be wo proartses,teerr;s.conditions or nbligarinnc nther tha-i those eontAined th:srin. and rhiv agrreeme:rr%hall
supersede all v evi.ous cotmnunicatiotr,representation of aerecments,either verbal or written,between the parties.
The perwt signing THIS CONTRACT certifies that she hits been authorized by tl�e WN'MACI'OR tc commit the
CUB I kACTUR contractual and has been authorized tn el:twntr THIS C_nl m' '\CT on its heltn'f
N WITI`BSS WHERYOF the parties have hereto set then hAnds 1hC day and year first;lbrve wTitterr.
C'UNTR AC]'OK CTTY OF ELGTV
Fame and .tl avid Delgan
FFity VCI.
_ . LttyManager
3 7 46 76,( �
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' CITY OF ELGIN
AGREEMENT FOR: EXCAVATION AND HAtJLING OF SPECIAL WASTE
ATTACHMENT A
Contractor shall excavate soils containing lead and/or petroleum, designated as "special waste."
Contractor shall disposal of any excavated "special waste" at the landfill nearest to Elgin that is
authorized and able to receive same.
Payment for excavation and disposal of"special waste" shall be as follows:
$36.25 per ton for excavation and removal of soils that have been designated"special waste."
The maximum obligation of the City under this contract shall not exceed$200,000.
i
Inc.
,%ugust 3,2004
City of Elgin
Ms.Gail Cohen
150 Dexter Court
Elgin, 11. 60120
RE: 707 W. ChicKgo,Elgin,II,
PROPOSAL $36,25 per ton
Dear Ms, Cohen:
DJI,Inc. proposes to excavate approximateIN 5,500 tons of contaminated soil at the above
referenced address. The work includes:
• Profile material with onyx,Orchard bills,Davis Junction,IL
■ Provide transportation of contaminated soils
• landfill disposal
• Fees and taxes
DJI, Inc. is Insured for:
Workman compensation
General Liability
Automobile
Date---96 . .. ._..._
DJI. Inc �ItE
Acceptance: The description of work to be performed,prices,terms and conditions are
satisfactory and are hereby accepted. DJI,Inc. is authorized to do the
work as described.
Date: _
Signature:
cc: Steve Hendrickson
i
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TO'd 9ZGT966969TS ' I 'f 'Q .a .-L wv Z0:Z0 b9—b9—Dnv
f E l g i n Agenda Item No.
�-\>
city o
August 6, 2004
TO: Mayor and Members of the City Council SAFE COMMUNITY
FROM: David M. Dorgan, City Manager
Michael Falese, Fire Chief
SUBJECT: Contract for Soil Excavation and Removal with DJI, Inc.
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to award a contract to DJI, Inc for soil remediation services at 707 West Chicago.
RECOMMENDATION
It is recommended that the City Council approve a contract in an amount not to exceed $200,000
to DJI, Inc.
BACKGROUND
At its June 18, 2004 meeting, Council approved a contract in the amount of$273,000 to GTD,
Inc. of Illinois for soil remediation and site preparation work at Fire Station 6, 707 West
Chicago. GTD commenced excavation of soil deemed un-buildable. When making a delivery of
the excavated soil to the Settler's Hill landfill in Geneva, petroleum and lead were identified as
present in the soil. The presence of these elements changed the soil into "special waste"
requiring disposal at a"special waste" designated landfill in Davis Junction. The "special waste"
will be excavated from the area encompassing the footprint of the building and the parking lot.
GTD's sister company, DJI Inc., has the ability to excavate and dispose of special waste. DJI
will perform the work without a large impact on the tight construction schedule for this project.
The cost for hauling and disposal of special waste is $36.25 per ton. The cost of this work is not
expected to exceed $200,000.
GROUPSANTERESTED PERSONS CONTACTED
None.
Soil Excavation and Removal
August 6, 2004
Page 2
FINANCIAL IMPACT
The total price of this contract with DJI Inc. is in a not exceed amount of$200,000. The current
project budget is $3,030,000 with $75,939 remaining available for funding in account numbers
275-0000-791.92-36 (Riverboat Fund - Capital Additions/Buildings and Structures) and
275-0000-791.92-31 (Riverboat Fund - Capital Additions/Land), project number 289505.
Based on the Construction Manager's figures, it is estimated that it will cost approximately an
additional $563,000 to complete the project (the remaining four (4) bid packages, contingency,
furnishings/equipment, and soil remediation). Therefore, additional funding totaling $727,592
will be required. It is recommended that the necessary funds be transferred from the 1996 and
2000 Bond Funds in the amounts of$257,102 and 470,490 respectively. The available monies
represent interest income earned from the original bond proceeds and were scheduled to be
reprogrammed as.part of the upcoming budget process. The account numbers to be charged are
380-0000-795.92-36 and 396-0000-795.92-36.
LEGALIMPACT
This contract is an exception to the procurement ordinance and requires a two thirds vote by
Council for approval.
ALTERNATIVES
1. Approve the contract as recommended.
2. Do no approve the contract as recommended.
Respectfully submitted for Council consideration.
MF