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09-98 Resolution No. 09-98 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALL SERVICE CONTRACTING CORPORATION FOR EMERGENCY REPAIRS TO FILTER NO. 8 AT THE RIVERSIDE 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 that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with All Service Contracting Corporation for emergency repairs to Filter No. 8 at the Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Alii-U2-2UU9 THU U1 : 18 YM ELGIN WATER DEFT/KVRSI) FAX NU, 1 841 931 U 1 b' Y, Ui' s CITY' )I+' KI,GIN, II,I,INOIS, AGREEMENT FOR Einerge11ey llt'itair, at Riverside Filler Underr;lrain Replacement and Media Installation • '11r1 s At;;reconcni is !MAC tlfleJ eat,r.�el info this F-49 nf�! , 2009 by and between the City of lslgin ("(lie CITY"), a fin rneilxrl commotion inganized and existing under the laws of the State of Illinois, and All .Service Contracting Cotpot;ttion, incorporated in the state of Illinois and having a principal place of business at 2024 ti. Damon Avenue, Decatur, II. 62656 ("the CONTRACTOR"). Al�`i'((;[;1; 1; tli;il;lll'I;t(1, 1111,> C•QNTP.AC'1"' as used herein shall mean this Agreement, the Request for Quotation including all for. tiiwnts rcferenced therein and the C'orlttacror•'s quote thereto Incorporated by reference herein and made a part hereof. The CONTRAC:'1 OR agtees to provide the goods and/or services all in accordance with the CONTRACTOR'S Quotation. In the event there is a souffle!between this Arocomeut and the Quotation documents,the Quotation documents shall supersede this Agreement. ;Lif1'I('I.1+, Ili, '(Y)11': O1'.WOf:1S. `i'h.. C ON'i'RAC"I'OR shall provide the ,r,�onds or Scrvic•es described in the Request for Quotation, a copy of which is attrc1t,'J hereto and made a part hereof as Attachment "A",at the prices and terms contained therein, Alll,Tj u: illl. 7'11tt1��O1 1'h:1.0' .1:0f_4NCE,, 'The CONTRACTOR shall provide the goods or services upon receipt of purchase oleier:.and the CITY shall pay to CONTRACTOR TOR the total sum of$148,427 and Complete the work within K weeks of notice to proceed. Time LeR,ple+►EVr e.Jk.pq„d6,,1- own ev ,lso- ;Stt'y'�('l,I IV. 'I:1!,R;<1r A11.1oJ"i The follne',nxg shale constitute events of default tinder HIS CONTRACT: a) any material ntintepre:ietitation mule by the C ON'TRA('TOR to the CF IN, h) any failure by the CONTRACTOR to perform any of its obligations under l II IS CCON'l'1tAC'I'including, hot turf huuited in, the followinY: (i) thilure to commerce performance of l'IIiS CONTRACT at the time sipecil'ied in 'I'l1IS C ON"I'RAC"J'clue to a reason or circumstance within the CONTRACTOR's reasonable control,(ii) failure in perform TI115 CONTRACT with sufficient personnel and equipment or with sufficient miterial to ensure the completion of t' within the specified time due to a reason or circumstance within the CONTRAC,i'OR's reasonable control, (iii) failure to per lotin'1111S('t)N'i'RACI ire rI manner reasonably satishretiiry to the CI'T'Y, (iv) failure to promptly re-perform within reasonable tiitft: tltt'servk'cs that were rejected by the CiTY as erroneous or unsatisfactory, (v) failure to comply with a material term of`I11IS CONTRACT, inchuling, but not limited to the Vint-native Action requirement,, and (vi) any other acts specifically and expressly ,stated in 'Tlll,S ('r.)N'1'i..A(T at con;,tilntirrg a basis liar termination for cause, The (TIN may terminate '1'111S CONTRACT for ci'ayeotieiree upurI fimrtecii(lit)clays pi kit written police•. n1t;i t('I I' V IIr111%(1 " Ittostt any stuns glue i , tii4 CONTRACTOR For services, the CI`1'V may keep for its own the whole or arty Nal of the amount ti.r t•xpeo er•, tosses and damages as directed by the Purchasing Director, incurred by the CITY Its a consequence of procuring o tviees as a iesult of any failure, omission or mistake of the CONTRACTOR in providing;the goods and seivtyro.eiprovided in 1 ('ON't'RACF. 4411')C3.y;_Y1. (ipSl RN1Nt: i AW ,ANIy„O,12i)iNANI.'I y. This CONTRACT is mode subject to all the lays of the State of Illinois and tlae ordinances of tlrc:('I'l'Y and if any such clauso herein does not conform to such laws or ordinances,or in the event any of time term, or provisions hercist ate dccint'd to be void or otherwise unenforceable for any reason, such clause shall be void (the rei oiniler of the contract shall nor I4,: alfe led) and the laws or ordinances shall be operative in lieu thereof, Venue for the resolution of any disputer;or the enforcement ot`any right~arising out of or in connection with this CONTRACT shall be in the Circuit Court of Kane County, Illinois. (,%1;y1,1:;_y_111, _tlRi3.MitttIVI': A(:'I'I(?N, 'l'lae' CONTRACTOR will not discriminate against any employee or applicant for employment lincouse of race, color, religion, sex, ancestry, national origin, place of birth, ago or physical handicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will lake affirmative action to comply with the plovi,sons of ElOn Municipal t,'o t'Secliorn 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those pruvisioas. 'I he C'ONTRAC'TOR will distribute copies of this couunitatacnt to all persons who participate in n'tir'mnh'usent, scu'ce'ninn, re'ftirat and selection of job applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of('hairier 3.12 of the Elgin Municipal Code, 19'76, is hereby incorporated by reference,as if set out verbatim. Al:`liO l'; Vii!. ASS1(;ftiAlI1I;ITS,', 'law CONTRACTOR.TOIL shall not assign, sell or Honda any interest in -MIS CONTRACT without prior wrtlii'Ja coosi:nt of the t'JTY. lail1,F N'I'- 'Tisrr4 shall be no ntordjftcation oaths CON1 RACT, except in writing, and executed with the sante fotu'ralitiei of the nriuittal. HYK—UC—'dUUU IHU U1 : 19 FM ELGIN WATER UFN'1'/RVRSU FAX NO, 1 847 931 6152 P. 03 Atf!'ll"iA Si. 1 (YIIt'i?!�, Any tn.ttice given under this CONTRACT shall he in writing and shall be deemed to have been given when hand delivered or deposited in the 1I S. mail,=tilled or registered,return receipt requested,addressed, if to CONTRACTOR,at the tttltlret,s act forth above to tlts. aitc i0iut}oldie project manager or undersigned representative, and if to the City, to the attention of the City Manner, iSO Des tot Coot I, Elgin,IL 60120 or to troop other address and/or authorized repiesentntives as either party shall ,1,,eip,naie,in writing to the other in tho manner I:resin provided, ,tit 1'tt'h( !wT, r4pieA1t's,ti ft; .,Hors,. 'To the fullest extent permitted by law, Contractor agrees to and shall indeirutify,defend and hold lrariniees the City, its afir e.e empinyerrr,, boards and commissions from and against any and all claims,suits,judgments,costs, .nt„rn.y's ice:,,dattt.tf,el or any sett t att other relief or liability arising out of or resutting from or through or alleged to arise out of any ilia or negligent acts ur nnris tons of('oniractor or C'ontractor's officers, employees, agents or subcontractors in the petformauce of this CONTRACT,includmg hut not limited to,all goods delivered or services or work performed hereunder,in the event of any action whist the City, its office's, employers. agetas,boards or commissions coveted by the foregoing duty to indemnify,defend and hold Initttle,s,seek action shall be cl,f:ei,ler]by 4'1,al counsel of the City's choosing. AtMI.:f,N^\if. ii flltf,(C'11. . 'f hie CONTRACTOR.OR. may not use, in any form or medium,the name of the City of Elgin for public advertising unless prior written permission is haunted by the CI'T'Y. hart t'tC'tll.XIIiI, Att'('IlC►1l;l'!.A'I.t(%N. 'flits CONTRACT is in the best interests of the CiTY and is authorized by law. fl, for any Ilse n1 year during th,:term o1'the CON'I RAC''1',sufficient funds for the discharge of the CITY'S obli4iations under the contract are not appropriated and antluorivcri, then the CONl'RACT shall terrtiin:tte as of the last day of the preceding fiscal year, or when such ttpprtipriated and aulhori;.ed thuds are exhausted, whichever is later, without liability to the CITY for damages, penalties or oilier clot ges iur iceintot ofsueb tt'rrninalteen, At2'f_iCl.ay HIV. ld'lt.1t: _t`;1�1', '1 his CONTRACT slt,tll not be construed so as to create a joint venture,partnership, employment or elk(ncncy relationship be the parties hereto,except as may be specifically provided for herein. tire event of any conflict between the terms provided in any attachments hereto and the body oft his CONTRACT,the term;and provisions of this CONTRACT shall control. rtlt'i�iCJ t.; 7C'V)<, !"N'1'll:i;ittiv;:It;\II'Ni 'Phis CONTRACT is delincd as including all other relevant Contract documents,such as the Request for Quotation and the specifications;and embodies the whole agreement of the parties. 'There shall he no promises,hernts, conditions;or obligation•,other than those contained therein;and this CONTRACT shall supersede all previous COilllrrunicatirune,rt..pr:senraliotas,or;1 2,reements,either verbal or written, between the parties, AIZ't'Tt'I�1; ?�'Jlli,t ()i4'rr?i4,,,i. C: ',,!NTi`1_I,1,AV1'ti; Not withstanding any other provision of this CONTRACT it is expressly agreed and rant rslnod that in c.onn+;etian will the performance of this CONTRACT that the CONTRACTOR shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing,wal;ee;, minimunm wove, wt,tkplace safety and legal stilts of employees. Without limiting the foregoing, CONTRACTOR Iteiehy certifies, represents writ wasriarrts to Ih,: CITY that all CONTRACTOR'S employees and/or agents who will be providing produeis rind/or se,viees with ire,peet to this CONTRACT shall he legal residents of the United States. CONTRACTOR shall also in its expense scone all per suits urid licenses, pay all charges add lees aril give all notices necessary and incident to the doe and lawlitl prosecution of the work, and/or ilo'luorhrct';and/or services to be provided for in this CONTRACT. The Cl't'Y shall have the right to 'audit any records lit Use po e c:asinn ce.control of-the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions• of this sectictu, Iii the evert the Cl l'Y prnccols with such an audit the CONTRACTOR Shall make available to the CITY the CONTRACTOR'S reievain remits at Ito cost to the CI"I'Y." rate person s:ltuiin,y'1(HS C'ONT'RA("1 certif-les that s/he has been authorized by the CON'!RACI OR to commit the CONTRACTOR cot ta'lint and has te,;n authorized to w eeuuIe'I i115 CONTRACT on its behalf. IN WLT'N1r,S; W11i RliC)h the p:rrtites have hereto set their hands the day and year first above written. CONTRACTOR OR CITY OF ELGIN rt 5Q.c CC e.ot■lt raC�M■s• % Core pl;erne arul'1'itle ► ' ∎vwv.rcn.M ��'•t C)lufemi To �' c Q.S• Ciiy Manager FI;TN N(fl7713 0.t., • Riverside Filter Underdrain Replacement and Media Installation The City of Elgin is h4 aeby requesting a written quotation for removal and replacement of the clay tile underdrain system in Filter #8 at its Riverside Water Treatment Plant, 375 West River Road, Elgin, IL. The project will also include the purchase and installation of six layers of new sand and gravel according to the following specifications, and installation of the top layer of new granular activated carbc n [GAC] which is already on site. This is a request for a written quotation, and not a sealed bid, as the City of Elgin desires to complete the work as qi wkly as possible. All work shall be accomplished in strict accordance with the following conditions and specifications. The contact person at ti e City of Elgin Water Department is Paul T. Miller, Chief Plant Operator. He can be reached at 847/931-6161 or 847/931-6150, and by Fax at 847/931-6152, and by e-mail at millerp@cityofelgi i.org. Please submit your quote to Paul Miller at your earliest convenience. As everyone is aware, tl iere are some broken and damaged clay tile underdrains in Filter#8. The City of Elgin desires to replace the entire clay tile underdrain system with a similar new system, consisting of new clay t les purchased from Roberts Filter Manufacturing Company of Darby,PA, phone number 215-583-3131. The contact person is Gary Hunkele, and he can be reached at 724- 643-1513. The filter box for Filter #8 is 22 feet by 33 feet. The first task is to completely remove the existing clay tile undt rdrains, and place them in contractor-supplied dumpsters or roll-off containers for disposal in a landfill. The second task is to install the new clay tile underdrain blocks according to recc mmended specifications. The Contractor shall ply chase and install one layer of coarse gravel, two layers of medium gravel, one layer of fine grave:, one layer of coarse sand, and one layer of fine sand; according to the following specifications A. SPECIFICAT IONS FOR SAND AND GRAVEL PLACEMENT. Filter media materials shal be in strict compliance with AWWA Standard B100-96, in additions to the modificati)ns listed. The materials shall be obtained from sources regularly used in producing and furnishing these materials for water treatment plants. The materials shall be certified to be free from any extraneous material not suitable for the intended use. Testing and an i affidavit of compliance with the above standard for each material layer shall be provided by the supplier of the material. Filter gravel shall have a minimum specific gravity of 2.60. The acid solubility shall be a maximum o1 17.5%for 3/8"and larger sizes, and a maximum of 5% for smaller sizes. Page 1 Filter sand shill have a maximum of 4% loss on ignition as per ASTM C25. The fine sand shall hay e a maximum uniformity coefficient of 1.70, and the effective size shall be 0.45 to 0.5:i mm. The total gra%el depth shall be 10 inches, and of the following gradations. Each filter area is a total )f 726 square feet. Layer above Depth of Layer Retained Passing Filter Un erdrains in Inches Sieve Size Sieve Size tut 2 1/2" 1" 2nd 2 3/8" 1/2" 3rd 3 3/16" [No.4] 3/8" 41h 3 No. 8 3/16" [No.4] The filter sanc.shall be furnished in two sizes, according to the following gradations. Layer at ove Depth of Layer Percent Filter Ulu erdrains in Inches Sieve Size Passing St]i 3 No. 8 [2.38mm] 90- 100 No. 12 [1.68mm] 40—60 No. 16 [1.19mm] 0— 10 6th 12 No. 16 [1.19mm] 98 minimum No. 50 [0.30mm] 2 maximum After placeme at of the new sand and gravel, the City of Elgin shall then backwash and disinfect the filter media and test for the presence/absence of bacteria, as required by Illinois Envinnmental Protection Agency Regulations, Section 653.302. THESE PROCEDURES WILL TAKE A MINIMUM OF THREE CONSECUTIVE DAYS. B. GAC REPLA L'EMENT. The Contractor shall then place the new carbon [which is on site] evenly tc give a settled depth of approximately eighteen (18) inches. The top of the media shall be at an approximate elevation 756.37, or a level of about 44 inches below the lip .)f the wash water troughs, or about 2 to 4 inches below the surface wash sweeps. After a minimum of twelve hours of soaking the carbon following placement, the filter shall be back washed for 30 minutes or until back wash water is clear and free of carbon at 4 0% bed expansion. The filter media shall then be allowed to settle for a minimum of b velve hours. The carbon surface elevation will then be measured from the tops of the backwash troughs and th El carbon bed depth calculated. C. ELGIN WATl3R DEPARTMENT RESPONSIBILITIES: The Elgin Water Department Page 2 shall provide carrying water and back wash water as required and a person to control filter operatic)]is. D. CONTRACTOR RESPONSIBILITIES: The Contractor shall supply all labor, equipment, eductors, technical assistance, measuring and screening devices, dump trucks or roll.off boxes for existing underdrain tile removal, and all other equipment necessary to :omplete the installation of the new underdrain tiles, gravel, sand, and carbon. The Contracts n* shall contact the City and discuss the project requirements before the new underdra n tiles arrive on site. Should extra equipment be required,it shall be at no expense to the.City. The Contracts r will take necessary steps to provide adequate protection to the tiled floor within the work area and be completely responsible for job site clean up, including washing/waxi ng the tile floors if required. The area around the filters, including the railings and 'walls, shall be cleaned by the Contractor and returned to the original condition. The method the Contractor intends to use to remove and replace the underdrain tiles will be reviewed with and approved by the Water Department. A schedule o f work to remove and replace the granular activated carbon, sand, and gravel shall b;submitted to the Owner and shall meet with the Owner's approval before any work will begin. Insurance A certificate of insurance shall be provided, indemnifying and naming the City of Elgin as additional insured. The insurance coverages shall not be less than the amounts stipulated below: Workm an's Compensation Statutory Public Liability $1,000,000 Propert y Damage $1,000,000 Prevailing W ge The Prevailing Wage rates shall apply to this work, as it is considered new construe ion. Copies of the rates are available from the City of Elgin Purchasing Dept. Page 3 FILTER MEDIA REPLACEMENT PRICE SHEET Item#1 Quote: I Complete remov it of the existing underdrain tile system from one 726 square-foot filter, and furnish and i tstall a new Roberts Clay Tile underdrain tile.s3!stem,as specified. Price for services under Item#1: $ Lump Sum Item#2 Quote: 2 Purchase and ins allation of six layers of sand and gravel, as specified; and installation of the carbon that is already on site, as specified. Price for services under Item#2: $ Lump Sum Company Name Page 4 The following price,;are based upon the State of Illinois Prevailing Wage for Kane County.The following prices quoted do not have the cost of a payment or performance bond. Should in the event the owner requires a bond or additional insurance A.S.C.C.will bill out at 12 1/2%above actual cost. Item# 1 Ouote: 1. Complete rei noval of the existing under-drain tile from one 726 square-foot filter; and furnish g nd install a new F.B.Leopold under-drain system. Price for services un der Item# 1: $121,340.00 Lump Sum Item#2 Quote 2. Purchase anc i installation of six layers of gravel and one layer of sand as specified; and installation of the carbon that is already on site,as specified. Price for services ur der Item #2: $27.087.00 Lump Sum Company Name: A LL SERVICE CONTRACTING CORP. Tentative Si hedule: # 1. Submittals t owner after receipt of purchase order one-two weeks. #2. Under-drain delivery after approval of submittals 4 weeks or less. #3.Removal of existing under-drain five-six 10 hour days. #4.Prep existin floor, set reinforcement, layout,and block assembly 2 days. #5.Pour bed gn>ut and lay new under-drain,one day of 14hours. #6.Pour grout j pints and install cant strips,one day of 12 hours. #7.Cure time fir r grout 72 hours. # 8.Gravel&S&nd installation 3 days. #9.Disinfecting and bacteria testing: Owner controlled. # 10. GAC installation approximately six hours. When considerir g your options as quoted,keep in mind that the technology we are offering is 21 ce itury,and the technology you currently have was first introduced back in the early 1930's by the F.B.Leopold Company. I seriously think that you should consider•he employment of the most advance under-drain technology on the market today. Should you have any questions concerning anything or would like to take a trip to Leopold's(P.D.i))-'don't hesitate to call 888-233-3018 ALL SERVICE CONTRACTING CORP. By: Date: 3-13-09 Brian K.Bu rcham V.P. 5 March 12, 2009 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Kyla Jacobsen, Water System Superintendent SUBJECT: First and Second Addendums to the Intergovernmental Agreement with Fox River Water Reclamation District for the Lime Waste Disposal Main Project. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider executing the First and Second Addendums to the previously signed agreement with the Fox River Water Reclamation District (FRWRD) for the joint venture to construct the additional Lime Waste Disposal Main for the Water Department. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the First and Second Addendums to the Intergovernmental Agreement with FRWRD. BACKGROUND The City of Elgin had budgeted to design and construct a redundant line to pump the Lime Waste from the Riverside Water Treatment Plant (WTP) to South McLean Boulevard Lime Disposal Facility. There are six individual cells at the lagoon site, all of which are in a continual rotation of filling, drying and emptying. During the early stages of engineering for the City's new Lime Waste Disposal Main, the Water Department staff was approached by FRWRD staff indicating that the district was interested in constructing a similar disposal main to transfer residuals from their north plant to their main plant, rather than trucking the material as is done now. An agreement with FRWRD was authorized by the City Council at the June 13, 2007 meeting. The First and Second Amendments to the IGA are necessary to reflect amendments to the engineering agreement that were previously approved and to account for Metra and Union Pacific easements. A copy of the First and Second Addendums are attached to this memorandum. Addendums to the Agreement with FRWRD for the Lime Waste Disposal Main Project March 12, 2009 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The proposed amendment to the intergovernmental agreement with FRWRD provides the opportunity for the City of Elgin and FRWRD to share costs where applicable. The Lime Waste Disposal Project -number 409691- totals $6.46 million and is being funded by impact fees (Water Development Fund) and the water portion of two General Obligation Bond funds. Currently $1,542,699 has been received from FRWRD towards shared expenses. Phase II is currently under construction. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to authorize execution of the First and Second Addendums to the Intergovernmental Agreement. 2. The City Council may choose not to authorize execution of the First and Second Addendums to the Intergovernmental Agreement. Respectfully submitted for Council consideration. PLB/KBJ Attachment 4,4 O F E4 ` ,z Memorandum City of Elgin � `. 4"IrLI)@fib . Date: April 14, 2009 To: Kyla Jacobsen, Water System Superintendent From: Jennifer Quinton, Deputy City Clerk Subject: Resolution Nos. 09-98, Adopted at the April 8, 2009, Council Meeting Enclosed you will find the agreement listed below. Please distribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with All Service Contracting Corporation for Emergency Repairs to Filter No. 8 at the Riverside Water Treatment Plant