04-242 Resolution No. 04-242
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH MORSE ELECTRIC, INC.
FOR THE OTTER CREEK LIFT STATION
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,and Dolonna Mecum,
City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City
of Elgin with Morse Electric, Inc., for repairs to the Otter Creek Lift Station, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: September 8, 2004
Adopted: September 8, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT is hereby made and entered into this (3774 day of
S' E , 2004 , by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as "City" ) and MORSE
ELECTRIC, INC. , an Illinois corporation (hereinafter referred to as
"Contractor" ) .
WHEREAS, Owner owns certain property commonly known as the Otter
Creek. Lift Station which was damaged due to flooding;
WHEREAS, Contractor is expert in the repair of such flood damage;
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
mutually acknowledged, the parties hereby hereto agree as follows :
ARTICLE 1 . WORK
1 . 01 Contractor shall complete all Work as indicated in the
Contract documents. The Work is generally described as those items
listed in correspondence dated May 3 , 2004 from James H. Fruit to
Owner, attached hereto and made a part hereof as Attachment A, and
further shall include :
1 . Remove, clean wire/connections and replace with new
equipment :
• One explosion proof exit light
• One explosion proof horn
• One explosion proof remote EM (Stairway)
• One explosion proof Strobe
• One non-magnetic breaker for the Grinder
• One explosion proof door switch
• Nine Explosion proof 300W wall fixtures, one in stairway
and eight in basement
• One grinder motor. Morse Electric will disconnect and
deliver one old motor to the factory, pick up one new
motor and reconnect
• Disconnect and clean all float connections .
2 . Remove, clean wire and connections and replace with new
equipment :
• Two gas detectors, two level transmitters and two level
probes
3 . Demo existing sealoffs and replace existing cable to
devices .
4 . Power wash and paint items per the memorandum dated
June 3 , 2004 , attached hereto as Attachment "C" .
1 . 02 The Project for which the Work under the Contract Documents
may be the whole or only a part is generally described as : Repair
of Otter Creek Pumping Station Flood Damage .
ARTICLE 2 . ENGINEER
2 .01 The Project has been initiated by Baxter & Woodman, Inc. ,
Consulting Engineers, hereinafter called Engineer, who shall act as
Owner' s representative and assume the duties and responsibilities
and have the rights and authority assigned to Engineer in the
Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
ARTICLE 3 . CONTRACT TIME
3 .01 The Work shall be completed as provided in the contract
documents . The Work will be substantially completed on or before
9/20 )mmgmmomx 2004, and completed and ready for final payment on or
before November 30, 2004 .
3 .02 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 for
herein.
ARTICLE 4 . CONTRACT PRICE
4 .01 Owner shall pay Contractor the total sum of $33, 710 . 00 for
completion of the Work in accordance with the conditions and prices
stated in Contractor' s Proposal, attached hereto as Attachment B,
pursuant to the provisions of this Agreement.
ARTICLE 5 . PAYMENT PROCEDURES
5 . 01 City shall make payments on the basis of Contractor' s
applications for payment as recommended by Engineer not more than
once per month.` All payments shall be based on the progress of the
Work measured by the schedules provided in the contract documents.
5.02 The City shall not be required to make final payment prior to
completion and acceptance of the Work by the City.
ARTICLE 6 . CONTRACTOR'S REPRESENTATIONS
In order to induce Owner to enter into this Agreement, Contractor
makes the following representations :
6.01 Contractor has familiarized itself with the nature and extent
of the Contract Documents, Work, site, locality, and all local
conditions and Laws and Regulations that in any manner may affect
cost, progress, performance or furnishing of the Work.
6 .02 Contractor has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such
examinations, investigations and explorations which pertain to the
physical conditions at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work at
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the Contract Price, within the Contract times and in accordance
with the other terms and conditions of the Contract Documents, and
no additional examinations, investigations, explorations, tests,
reports, studies or similar information or data are or will be
required by Contractor for such purposes .
6 . 03 Contractor has given Engineer written notice of all
conflicts, errors or discrepancies that he/she has discovered in
the Contract documents and the written resolution thereof by
ENGINEER is acceptable to Contractor.
ARTICLE 7 . CONTRACT DOCUMENTS
7 . 01 The Contract Documents which comprise the entire agreement
between Owner and Contractor concerning the Work consist of this
Agreement, Insurance Certificates, Notice of Award, Notice to
Proceed, Baxter & Woodman, Inc . May 3 , 2004 Letter, Contractor' s
proposal and all written Amendments issued after the Effective Date
of the Agreement .
7 .02 There are no Contract Documents other than those listed above
in this Article 7 . The Contract Documents may only be amended in
writing.
ARTICLE 8 . MISCELLANEOUS
8 . 01 No assignment by a party hereto of any rights under or
interests in the Contract Documents will be binding on another
party hereto without the written consent of the party sought to be
bound; and specifically but without limitations, monies that may
become due and monies 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 will
release or discharge the assignor from any duty or responsibility
under the Contract Documents .
8 . 02 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 .
8 . 03 The business address of Contractor is hereby designated as to
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 notice, letters, and
other communications 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.
8 . 04 The terms and provisions of this Agreement shall be
severable. In the event any of the terms or provisions of this
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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 .
8 . 05 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 this Agreement shall be in the Circuit Court of Kane County,
Illinois .
8 . 06 This Agreement shall not be construed so as to create a
partnership, joint venture, employment or agency relationship
between the parties hereto except as may specifically be provided
for herein.
8 . 07 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 .
8 . 08 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 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 arise out of any negligent acts or
omissions of Contractor or Contractor' s officers, employees, agents
or subcontractors in the performance of this Agreement . 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.
ARTICLE 9 . OTHER PROVISIONS
9 . 01 Contractor certifies that it is not barred from bidding the
Work or executing this Agreement as a result of conviction for
violation of 720 ILCS 5/33 et seq. prohibited bid rigging or bid
rotating.
9. 02 Contractor agrees to employ Illinois laborers in accordance
with the "Employment of Illinois Workers on Public Works Act" if at
the time this Agreement is executed, or if during the term of this
Agreement, there is excessive unemployment in Illinois as defined
in the Employment of Illinois Workers on Public Works Act, 30, ILCS
570/0 . 01 et seq. , as two consecutive months of unemployment
exceeding 5% . An "Illinois laborer" is defined as any person who
has resided in Illinois for at least thirty (30) days and intends
to become or remain an Illinois resident .
ARTICLE 10 . INSURANCE
10 . 01 Contractor shall provide City with insurance coverage as
follows :
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Each policy must list the City as an additional insured. The
Contractor and all Subcontractors waive subrogation rights against
the City for all losses . Such insurance shall apply as primary
insurance with respect to any other insurance or self-insurance
program afforded to the City of Elgin. There shall be no
endorsement or modification of such insurance to make it excess
over other available insurance, and alternatively, if the insurance
states that it is excess or pro rata, it shall be endorsed to be
primary with respect to the City of Elgin.
The insurance required shall include all major division of coverage
and shall be on a comprehensive general basis including Premise and
Operations (including X-C-U) , Products and Completed Operations,
and Owned, Non-owned, Leased, and Hired Motor Vehicles . Such
insurance shall be written for not less than any limits of
liability required by law or the following limits, whichever is
greater:
Commercial Liability
General Aggregate $2 Million
Products Completed Operations $1 Million
Aggregate $1 Million
Personal Injury and Advertising
Limit $1 Million
Each Occurrence $1 Million
Excess Liability $2 Million
Automotive for all owned, non-owned, hired and leased vehicles
Combined single limit $1 Million
Or
Bodily injury-each person $ 500, 000
Each accident $1 Million
Property damage-each occurrence $1 Million
Umbrella $2 Million
Combined single limit $2 Million
General aggregate $2 Million
Worker' s Compensation
Statutory $1 Million
Employer' s Liability $ 100, 000
The Contractor may purchase and maintain excess liability insurance
in the umbrella form in order to satisfy the limits of liability
required for the insurance to be purchased and maintained in
accordance with the requirements set forth above. Any such amounts
must be in addition to the umbrella limits required, must list all
underlying policies, and must list the City as an additional
insured. Evidence of such excess liability shall be delivered to
the City in the same form and manner as the required insurance
policies .
The City reserves the right, at its sole discretion, to amend the
insurance requirements contained herein.
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All insurance shall be written on an occurrence basis, unless the
City approves in writing coverage on a claims-made basis.
Coverages whether written on an occurrence or a claims-made basis
shall be maintained without interruption from the date of
commencement of the work until the date of final payment and
termination of any coverage required to be maintained after final
payment .
Certificates of insurance acceptable to the City and confirming the
insurance coverage required herein are attached to the Contract .
The City shall have no obligation to execute the Contract and may
award the Contract to the next lowest responsible and responsive
bidder, if such insurance certificates have not been provided to
the City within fifteen (15) business days after presentation of
the Contract to the Contractor for execution.
The Contractor shall furnish to the City copies of any endorsements
that are subsequently issued amending limits of coverage.
Additional insureds referenced in Article 5 shall be as follows:
Owner: City of Elgin
Address : 150 Dexter Court, Elgin, Illinois 60120-5555
Engineer: Baxter & Woodman, Inc.
Address : 8678 Ridgefield Road, Crystal Lake, Illinois 60012
Other: Fox River Water Reclamation District
Address : Raymond Street & Purify Drive, P.O. Box 92,
Elgin, Illinois 60121
ARTICLE 11 . ADDRESSES FOR NOTICES SHALL BE AS FOLLOWS:
For City of Elgin For Morse Electric, Inc.
150 Dexter Court 4560 Shepherd Trail
Elgin, Illinois 60120 Rockford, Illinois 61103
IN WITNESS WHEREOF, the parties hereto have executed, or caused to
be executed by their duly authorized officials, this Agreement as
of the day and year first above written.
FOR THE CITY: FOR MORSE ELECTRIC, ,INC. :
11
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B , i A
By
City Manage , J +e A Lamm
A,st Corporate Secretary
Attest :
N614--?‘-‘1--
City Clerk
F:\Legal Dept\Agreement\Morse Electric-Otter Creek Lift Stn Repair.doc
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BAXTER F I L
IOW,
WOODMAN May 3,2004•
CunsultingEngineers
City of Elgin •
150 Dexter Court
Elgin,Illinois 601705555
Attention: Joe Kuta,P.E.
• Subject: Elgin-Otter Creek Pumping Station Flood:Damage
Dear Mr. Kuta:
Per your request we have investigated the dau'ia e caused by the flooding of the.
pumping station wet well. It appears that the well flooded to within
approximately eight feet of the first floor of the structure. The following is our
opinion of the required repairs as determined by our investigation:
1. There is considerable debris adhered to the walls. This consists mostly
of farm field materials, silts, grasses, etc. The walls should be power
washed to remove these materials. The application of a disinfectant
might also be advisable. •
2. There are considerable silts and deposits on all flat surfaces in the
channels, on top of duct work, etc. Even though it could not be
observed, it is anticipated that such a silt layer is inside the duct work
also. This will have to be removed and washed out We were not able
to observe, but it is assumed that the sewer that introduced the flow to
the pumping station may have considerable silt in it also. This also
should be cleaned out so as to not re-introduce silts to the pumping
station.
3. All of the slide gates should be cleaned out with special attention paid
to the inverts. The gates should be operated through their full range to
assure there is no interference to operation.
4. The overhead gantry was completely submerged. It should be cleaned,
corrosion removed and re-painted.
5. The single door that was submerged is made of fiberglass. The finish
hardware for the doors should be removed and cleaned of corrosion.
6. All air-locked electrical conduits that serve affected equipment should
be drained and explosion proof seal-offs re-established.. Disconnect,
clean and reconnect all wire cornice Lions including wire nut splices.
• 7. The grinder has submersible flygt motor, so theoretically it should
have survived the submergence. But, when we opened the motor
connection box, it was discovered that water had leaked into the box
5678 Rid YerRidgefieldRoad and may have also entered the motor windings. Submersible motors
s should not leak so we spoke with Mike Leshane of JWC
Crystal Lake,IL 60012 Environmental (manufacturer) and representatives of Peterson & Matz
515.459.1:60 (local distributor). They will exchange the motor with a new one
under their warranty. Removal, reinstallation and logistics would be
Ea,R15_455.0460 for the repair crew.
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Attachment A
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WOODMAN May3,2004
Consulting Engineers • Page 2
•
8. Clean out the inside of the explosion proof enclosure for the grinder
disconnect switch. Replace the molded case swite:lr with a new
• O.E.M. switch inside the enclosure.
9. The fire alarm horn/strobe should be removed and replaced with a new
identical unit_
10. All lighting fixtures should have the lamp sockets cleaned or replaced
per the manufactures recommendations, replace all lanps and clean all •
lenses.
11. Replace the level transmitters with new Endress& Hauser "Deltapilot"
DB53A through U.S. Filter, the original systems provider.
12. Replace the 02 monitor with a new BW Technologies #GP-XD through
U.S.Filter.
13. Replace the H2S monitor with a new BW Tecimologies #GP-HD
through U.S. Filter.
The above listed repairs are those that were obvious during our investigation. It is
possible that other items may be discovered that were not obvious at that time.
Since the greatest share of the above listed repairs is labor, it is difficult to
determine the related costs. We anticipate that the cost to repair may be
approximately$25,000.
Please advise if we can be of any further assistance in this matter.
Very truly yours,
BAXTER& WOODMAN, INC.
CONSULTING ENGINEERS
James H. Fruit •
•
JHF:mh
C: Mr. Pertzborn, P.E., Senior Engineer
Mr. Darrel R. Gavle,P.E.
Mr. Paul R. Ruseko,P.E.
Mr. William B. Sprague, Jr.
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COVER
FAX
Electric, Inc . SHEET
Freport/Roc kfnrd/D u t?uq ue
• DATE: June 14, 2004 From the Desk of...
To: Baxter&Woodman KEITH NELSON
ATTN: Mr. Jim Fruit 4560 SHEPHERD TRAIL
FAX: 455-0450 ROCKFORD, IL 61103
SUBJECT: Otter Creek Flood 815.637.8000 - ExT_ 321
FAx: 815.282.4889
PAGES: 1 Pages, including this cover sheet
Per your request, please note the following cost breakout for the above referenced project, per
your fax dated May 3, 2004.
Item#1: Remove, clean wire/connections and replace with new equipment:
• One explosion proof exit light.
• One explosion proof horn.
• One explosion proof remote EM (Stairway)
• One explosion proof Strobe.
• One non-magnetic breaker for the Grinder.
• One explosion proof door switch_
• Nine explosion proof 300w wall fixtures, one in stairway and eight in basement_
• One grinder motor. Morse Electric will disconnect and deliver one old motor to the factory,
pick up one new motor and reconnect.
• Disconnect and clean all float connections. •
Labor I$2,480.00 Material/$6,870.00 TOTAL COST: $9,350,00
Item#2: Remove, clean wire and connections and replace with new equipment:
• Two gas detectors, two level transmitters and two level probes.
Labor/$720.00 Materiel/$7,210.00 TOTAL COST: $ 1,930.00
Item#3: Demo existing sealoffs and replace existing cable to devices: ")`
Labor/$2,210.00 Material 1$420.00 TOTAL COST: $2,630.00
Note: The existing wall mount fixture type has been changed slightly by Crouse Hinds. Crouse
Hinds and the fire alarm equipment suppliers recommend replacing the fixtures.
Power wash and paint items per your fax dated June 3, 2004: Add: $13,800.00
• We believe builders risk insurance is not applicable. However, if insisted there is a minimum
charge. Please ADD: $2,500.00
Thank you for the opportunity to quote this work. Please call our office it you have any questions
or if you need additional information.
Aj, .
ATTACHMENT B
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$,G` „y� City of Elgin Agenda Item No.
E t
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August 20, 2004 G 401
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TO: Mayor and Members of the City Council I
FINANCIALLY STABLE CIT Y GOVERNMENT
EFFICIENT SERVICES.
FROM: David M. Dorgan, City Manager AND CILWLITYINFRASTRUCTURE
John M. Loete, Public Works Directo
SUBJECT: Otter Creek Lift Station Repair Contract
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider awarding a contract to Morse Electric to repair damage to the Otter
Creek Lift Station.
RECOMMENDATION
It is recommended that the City Council award the subject contract to Morse Electric, Inc. in the
amount of$33,710.00 and authorize staff to execute the contract.
BACKGROUND
During the last weekend of March of this year, the Otter Creek Lift Station was flooded with
storm water as a result of major failure of work on the interceptor sewer being constructed by the
"Venture Group". The Venture Group consists of three developers (Pulte, Town & Country, and
Kimball Hill) in the Far West developments who will be served by the sewer. The failure
occurred when Fitchie Creek overflowed its banks during a heavy rain and inundated the open
trench for the interceptor sewer under construction. The last section of pipe put into the trench
was exposed and plugged to keep out debris. The large volume of creek water caused the end
pipe to float and separate from the sewer line sending an enormous slug of water to the Otter
Creek Lift Station.
The rush of water overwhelmed the lift station causing extensive damage to electrical equipment
and filling the lift station with mud and debris. Staff contacted the lift station design engineer,
Baxter and Woodman, to evaluate the damage and prepare specifications to have it repaired.
They ultimately were asked to negotiate the cost of the repairs with the electrical subcontractor
employed in the original construction of the lift station. By utilizing this electrical subcontractor,
Morse Electric, warranties on the equipment would remain intact. In addition, the contractor's
familiarity with the equipment will facilitate proper repair and/or replacement of all damaged
row components.
t
Otter Creek Lift Station Repair Contract
August 20, 2004
Page 2
On May 12, 2004, the Venture Group was informed that they would have to establish an escrow
account with the City to clean and repair the lift station. As of the first of August,this has yet to
occur although the Venture Group's representative stated that they are preparing a check for the
City. The funds received from the Venture Group will be utilized to clean and repair the lift
station and provide necessary engineering services. It is imperative that the lift station be
restored to full working order as soon as possible and staff would like to proceed with approval
of the contract now. Once the escrow check is received, the contractor can be directed to
proceed.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Bill Hupperich, P.E., Manhard Consultants, representing the Venture Group
, NANCIAL IMPACT
The contract with Morse Electric to clean and repair the lift station totals $33,710.00. Other
costs include Baxter and Woodman's evaluation of the damage, contract preparation and project
oversight. These costs are being charged on a time and material basis and are estimated to be
less than$5,500. In light of the cooperative effort between the City and the Venture Group, City
staff time (estimated at 10 to 15 hours) will not be billed. The Venture Group has been asked to
set up a$40,000 escrow account with the City to pay all costs the City encounters.
L GAL IMPACT
The proposed contract with Morse Electric would require an exception to the procurement
ordinance.
ALTERNATIVES
1. Accept the Contract with Morse Electric.
2. Reject the Contract and develop a standard bid document for general bidding.
Respectfully submitted for Council consideration.
(do)
Attachments