18-64 Resolution No. 18-64
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
FOX RIVER WATER RECLAMATION DISTRICT REGARDING THE CONSTRUCTION
OF GRAVITY SEWER AND FORCEMAIN PROJECT AT FRWRD PUMP STATION 31
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David A. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with Fox
River Water Reclamation District regarding the construction of gravity sewer and forcemain
project at FRWRD pump station 31, a copy of which is attached hereto and made a part hereof
by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 13, 2018
Adopted: June 13, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AN INTERGOVERNMENTAL AGREEMENT REGARDING THE CONSTRUCTION OF
GRAVITY SEWER AND FORCEMAIN PROJECT BETWEEN THE CITY OF ELGIN AND
THE FOX RIVER WATER RECLAMATION DISTRICT
This AGREEMENT is made and entered into by and between the FOX RIVER WATER
RECLAMATION DISTRICT, a municipal corporation of Kane and Cook Counties, Illinois, a
sanitary district organized pursuant to the Sanitary District Act of 1917, (70 ILCS 2405/11 et seq.),
having it principal office located at 1957 N. LaFox Street, South Elgin,Illinois,60177,(hereinafter
referred to as "FRWRD"); and
The CITY OF ELGIN, an Illinois municipal corporation, having it principal office at 150
Dexter Court, Elgin, Illinois 60120-5555, (hereinafter referred to as the "City"); and
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, 1970,
authorizes units of local government, including municipalities, to enter into contracts to exercise,
combine or transfer any power or function not prohibited to them by law or ordinance; and
WHEREAS, FRWRD and the City are units of local government within the meaning of
Section 10 of Article VII of the Constitution of the State of Illinois; and
WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq., known as the
"Intergovernmental Cooperation Act," authorizes units of local government in Illinois to exercise
jointly with any other public agency within the state, including other units of local government,
any power, privilege, or authority which may be exercised by a unit of local government
individually and to enter into contracts for the performance of governmental services, activities
and undertakings; and
WHEREAS, FRWRD and the City are public agencies within the meaning of the
Intergovernmental Cooperation Act;
WHEREAS,the City owns and operates certain sanitary sewers and related appurtenances,
including an existing 15-inch sanitary sewer that is located near the Fox River from the old Elgin
Box property running north to the FRWRD Pump Station 31 ("City Sanitary Sewer"); and
WHEREAS, FRWRD owns and operates certain sanitary sewers, pumping stations,
forcemains; and related appurtenances, including an existing 24-inch sanitary sewage forcemain
located near the Fox River from the FRWRD Pump Station 31 running south to the Albin D.
Pagorski Water Reclamation Facility (FRWRD Forcemain"); and
WHEREAS, the City and FRWRD have agreed that it is in their mutual best interest to
enter into a single construction contract for the construction of both a new City Sanitary Sewer
and a new FRWRD Forcemain; and
WHEREAS, FRWRD and the City are authorized to contract among themselves to obtain
or share services, or exercise, combine, or transfer any power or function, in any manner not
prohibited by law.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, FRWRD and the City agree as follows:
1. Recitals. That the foregoing recitals are hereby incorporated into this Agreement
in their entirety.
2. Project. This agreement involves the construction of two separate pipelines, one a
sewer and one a forcemain, designed and to be constructed as part of one project,
for the purpose of realizing significant cost savings for the parties' respective tax
and rate payers and to reduce the disruption that would be caused if the two projects
were constructed at different times as separate projects. The City portion of the
project involves the construction of a new gravity sanitary sewer and associated
manholes to replace an existing sanitary sewer from south of Route 20 north along
the Fox River up to 680 Lower Wellington Avenue, Elgin, IL (the "City project".
The FRWRD portion of the project involves the construction of a new forcemain
and associated structures to replace an existing forcemain from 680 Lower
Wellington south along the Fox River to the Albin D. Pagorski Water Reclamation
Facility (the "FRWRD project"). The parties' respective portions of the project
together are collectively referred to herein as the "Project."
3. Design. Design drawings and specifications for the Project have been completed
by Strand Associates, LLC with FRWRD and the City paying Strand Associates,
LLC separately for their portions of the design work. Payments for the design work
are not part of this agreement.
4. Bidding. FRWRD will competitively bid the construction work for the Project
pursuant to FRWRD's usual and customary practices and its enabling statute.
FRWRD and the City will review all bids and both parties will be represented at
the bid opening. FRWRD and the City that each party's respective share of the
total costs of the bid and the individual bid items will be apportioned in accordance
with paragraph 8, herein. The FRWRD Executive Director and the City's City
Manager, or their respective designees, will agree in writing as to who the lowest
responsible, responsive bidder is that the Project should be awarded to, or whether
the job shall be rebid or otherwise rejected. The FRWRD Board of Trustees shall
make the appropriate contract award for the Project based upon the mutually
agreed,written recommendation of the parties. In no event shall the FRWRD Board
of Trustees be authorized to award a contract for the Project without the express
written approval of the City. If the FRWRD Board of Trustees fails to award the
Project as recommended, the City shall not be obligated for any cost sharing
thereafter.
5. Construction Contracts. FRWRD shall enter into contracts for the Project with the
contracting parties pursuant to the bid so awarded (Construction Contracts) and
shall administer the Construction Contracts in its usual and customary manner, and
in a reasonable and prudent manner, at all times.
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6. Construction Engineering and Inspection. FRWRD and the City will share the
construction engineering and inspection services based upon each party's
respective proportion of the costs of construction engineering and inspection of the
Construction Contracts. FRWRD will enter into the agreement with the consulting
firm. An initial estimate of time and effort for each proportion of the work shall be
provided in the agreement. The firm shall track time and expenses related to which
party's portion of the project is worked on and submit invoices with total costs per
party. When efforts are for both portions of the project at the same time, the firm
shall apportion time involved proportionally in accordance with paragraph 8,
herein.
7. Project Manager. FRWRD shall nominate in writing a person to act as its project
manager (which may be the District's Senior Project Engineer) for purposes of
decision making and communication during the construction phase of the Project
(FRWRD Project Manager). The City shall nominate in writing a person to act as
its project manager(which may be the City Water Director)for purposes of decision
making and communication during the construction phase of the Project (City
Project Manager). The City Project Manager shall communicate any issues to the
FRWRD Project Manager who shall report to the appropriate FRWRD staff, Strand
Associates, LLC representative, or contractor or subcontractor, according to the
proper protocol under the construction and engineering contracts and usual
practice. FRWRD Project Manager will forward any issues raised by Strand
Associates, LLC representatives or contractor or subcontractor for the City portion
of work to the City Project Manager for review by the City. FRWRD and the City
agree to cooperate with each other and work together in good faith to complete the
Project in the mutual best interest of the parties. Any change order that involves
the City portion of work shall require the written approval of the City prior to
obligating the City for payment on such change order. The City may at its own
expense have its own designated inspector on the construction site as it may
determine necessary. The City shall provide written notification to FRWRD of
such inspector.
8. Cost Sharing. FRWRD, as Owner under the Construction Contracts, shall enter
into the contract(s) and directly budget and disburse payments as they become due
and payable. The City will provide in each of its annual budgets, approved after
the effective date of this Agreement, an amount reasonably anticipated to be
required to meet its obligations for payments to FRWRD under this Agreement.
An itemization of each party's respective share of the individual bid items is
attached hereto as Exhibit A. The City agrees to reimburse FRWRD for one
hundred percent (100%) of costs relating to the construction of the new City
Sanitary Sewer and appurtenances, which will become City property. FRWRD
agrees to pay one hundred percent (100%) of costs relating to the construction of
the new FRWRD Forcemain and appurtenances, which will become FRWRD
property. To the extent reasonably practicable, the construction costs for any
shared pay items will be apportioned based upon the actual work performed on each
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party's respective project. For construction costs that cannot be separately
attributed to either the City project or the FRWRD project, such costs will be
apportioned to each party on a pro rata basis based upon the party's respective
proportion of the costs set forth in Exhibit A.
9. Good Faith. The parties shall at all times act in good faith under this Agreement to
further the objectives of the parties as evidenced by the terms of this Agreement.
10. Assignment. Neither FRWRD nor the City shall assign or transfer any rights under
or interest in this Agreement without the written consent of the other and except to
the extent that the effect of this limitation may be restricted by law. 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 this Agreement.
11. Agreement/Amendment. This Agreement represents the entire understanding and
agreement between FRWRD and the City pertaining to the Project as described
above and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed
by both FRWRD and the City. This agreement is and shall be deemed to construe
to be a joint and collective work product of FRWRD and the City and, as such,this
Agreement shall not be construed against the other party,as the otherwise purported
drafter of same, by any court of competent jurisdiction in order to resolve any
inconsistency, ambiguity, vagueness or conflict,if any, of the terms and provisions
contained herein.
12. No Waiver. Failure of FRWRD or the City to insist upon strict and punctual
performance of any terms or conditions of this Agreement shall not be construed to
constitute a waiver of, or estoppel against, asserting the rights to require such
performance. Neither shall a waiver nor an estoppel in one instance constitute a
waiver or an estoppel with respect to a later default, whether similar or dissimilar
in nature.
13. Severability. If any part of this Agreement is determined by a court to be in conflict
with statute or constitution or to be unlawful for any reason, the parties intend that
the remaining provisions of this Agreement shall remain in full force and effect and
be enforced to the greatest extent provided by law.
14. Law. This Agreement shall be governed by the laws of the State of Illinois and
FRWRD and the City will at all times comply with all applicable laws, rules, and
regulations that may affect the subject matter of this Agreement or the parties
hereto. Venue for resolution of any disputes or the enforcement of any rights
pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois.
15. No official, director, officer, agent or employee of FRWRD or the City shall be
charged personally or held contractually liable under any term or provision of this
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Agreement or because of their execution, approval or attempted execution of this
Agreement.
16. Insurance. FRWRD shall require that the contractors working on all portions of the
Project shall maintain reasonable levels of liability insurance and shall name
FRWRD and the City as additionally insured parties and supply certificates thereof
to FRWRD prior to commencement of work on the Project. FRWRD shall provide
copies of the certificates to the City prior to commencement of the work and
annually thereafter until completion of the Project.
17. Audit and Access to Plans and Records. FRWRD shall maintain all books and
records required of it by law relating to the subject matter of this Agreement.
FRWRD shall maintain books, records, documents and other evidence directly
pertinent to performance of subject matter of this Agreement consistent with
generally accepted accounting standards The City or any of its duly authorized
representatives shall have access to such books, records, documents and other
evidence for the purpose of inspection,audit and copying. Facilities for such access
and inspection shall be provided by FRWRD at its principal office and will be
available access and inspection during normal FRWRD business hours. Audits
conducted pursuant to this provision shall be in accordance with generally accepted
auditing standards. All records shall be maintained and made available during
performance of the Agreement and not less than three years after final completion
of the Project. In addition, those records which relate to any dispute or litigation,
or the settlement of claims arising out of such performance, or costs or items to
which an audit exception has been taken, shall be maintained and made available
for not less than three years after the date of resolution of such appeal, litigation,
claim or exception.
18. Notices. Any notices required hereunder or by law shall be in writing and directed
to the parties at the following addresses:
To FRWRD: Robert Trueblood, Executive Director
Fox River Water Reclamation District
1957 N. LaFox (Rte. 31)
South Elgin, IL 60177
With Copy to: Douglas J. Scheflow, District Attorney
Scheflow & Rydell
60 Douglas Avenue, Suite 200
Elgin, Illinois 60120
To City: Eric Weiss, Water Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
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With Copy to: William Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
19. Authority. Both parties represent to each other that they are duly organized and
validly existing and have full power and due authority to execute, deliver, and
perform this Agreement in accordance with their terms. Such execution, delivery,
and performance have been fully authorized by all necessary action and approved
by each governmental authority or other party, and the obligations are the legal,
valid, and binding obligations of each, enforceable in accordance with their terms.
FRWRD and the City of executed this Agreement as of the 13 day of
June , 2018.
SIGNATURE PAGES FOLLOW
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FOX RIVER WATER RECLAMATION DISTRICT,
an Illinois municipal corporation
B y 4..„...,....., ,/e6-7
President Board of Tis "ees
ATTEST:
/ -7z.--
Clerk Boar Trust s
State of Illinois )
) SS
County of Kane )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY, that \}U_. COc(\ , personally known to me to be the President of the
Board of Trustees of the FOX RIVER WATER RECLAMATION DISTRICT, an Illinois
municipal corporation, and C�Ick,C'y \Nyman , personally know to me to be the Clerk
of the Board of Trustees of said corporation, and personally known to me to be the same persons
whose names are subscribed to the foregoing instrument, appeared before me this day in person
and severally acknowledged that as such President and Clerk, they signed and delivered the said
instrument and caused the corporate seal of said corporation to be affixed thereto, pursuant to
authority given by the Board of Trustees of said corporation, as their free and voluntary act, and
as the free and voluntary act and deed of said corporation, for the uses and purposes therein set
forth.
Given under my hand this official seal, this 611" day of ----S1= c\t_. , 2018.
(-YA'La\9e--Q-9t--('
Notary Public
KIMBERLY NARVAIZ
Official Seal
Notary Public-$tate of Illinois
My Commission Expires Nov 1,2020
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THE CITY OF ELGIN,
an Illinois municipal corporation
Mayo/
ATTEST:
Clerk
State of Illinois )
) SS
County of Kane )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY, that David J. Kaptain , personally known to me to be the Mayor of THE
CITY OF ELGIN, an Illinois municipal corporation, and Kimberly Dewis
personally know to me to be the City Clerk of said corporation, and personally known to me to be
the same persons whose names are subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged that as such Mayor and Clerk, they signed and
delivered the said instrument and caused the corporate seal of said corporation to be affixed thereto,
pursuant to authority given by the Elgin City Council of said corporation, as their free and
voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and
purposes therein set forth.
Given under my hand this official seal, this 13 day of June , 2018.
/ JENNIFER J QUINTON
` OFFICIAL SEAL
d r =. NOTARY PUBLIC
STATE OF ILLINOIS
1 otary ' • .lic `'�/ 1 MY COMMISSION EXPIRES
JANUARY 10,2020
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Exhibit A
Project: PUMP STATION 31 FORCE MAIN REPLACEMENT FOR ADP WRF
Owner: FOX RIVER WATER RECLAMATION DISTRICT and CITY OF ELGIN
Contractor: TBD
Cost Distribution
Item For Shared Pay Items
No. Description FRWRD Elgin
1. CONSTRUCTION LAYOUT AND STAKING _
83% 17%
2. MOBILIZATION 83% 17%
3. EARTH EXCAVATION 80% 20%
4. EXPLORATORY EXCAVATION 100% 0%
5. PERIMETER EROSION BARRIER _ 100% 0%
6. INLET AND PIPE PROTECTION 100% 0%
7. TREE REMOVAL(6 to 15 UNITS DIAMETER) 60% - 40%
8. TREE REMOVAL(OVER 15 UNITS DIAMETER) - - 67% 33%
9. TREE ROOT PRUNING 50% 50%
10. TREE PRUNING(1 TO 10 IN.DIAMETER) 50% 50%
11. TREE PRUNING(OVER 10 IN.DIAMETER) 50% 50%
12. REMOVAL AND DISPOSAL OF NON-CCDD MATERIAL 50% 50%
13. FOUNDATION MATERIAL 83% 17%
14. SELECTED GRANULAR BACKFILL 68% 32%
15. DEMOLITION OF RETAINING WALL-STA.114+60 TO 115+50 50% 50%
16. REMOVAL AND DISPOSAL OF PERMANENT TYPE PAVEMENTS AND DRIVEWAYS 81% 19%
17. TEMPORARY SURFACE OVER TRENCH 74% 26%
18. CURB OR CURB&GUTTER REMOVAL AND REPLACMENT 100% 0%
19. HOT-MIX ASPHALT SURFACE COURSE,2-IN 100% 0%
20. BITUMINOUS MATERIALS(PRIME COAT) 100% 0%
21. HOT-MIX ASPHALT BINDER COURSE,2-IN 100% 0%
22. AGGREGATE BASE COURSE,Type B,4-in 100% 0% _
23. AGGREGATE BASE COURSE,TYPE B, 12-IN 67% 33%
24. RESTORATION-SEED,IDOT CLASS 2 - 67% 33%
25. REMOVE AND REPLACE LIGHT POLE AND FOUNDATION 100% 0%
26. DEWATERING 67% 33%
27. TRAFFIC CONTROL AND PROTECTION 75% 25%
28. FORCE MAIN,24-IN,DI 100% 0%
29. TRENCHLESS CONSTRUCTION-UPRR CROSSING,CASING PIPE-36-IN STEEL 100% 0%
30. IDOT CROSSING,CASING PIPE-36-IN STEEL 100% 0%
31. FORCE MAIN IN CASING PIPE,24-IN,DI,RJ 100% 0%
32. AIR-VACUUM RELEASE AND OFFLOAD STRUCTURE-COMPLETE 100% 0%
33. 24-IN PLUG VALVE _ 100% 0%
34. VALVE VAULT,9-FT 100% 0%
35. TEMPORARY BYPASS PIPING SYSTEM TO PRIMARY EFFLUENT DIVISION BOX 100% 0%
36. TEMPORARY BYPASS PUMPING SYSTEM AT PS-31 100% 0%
_ 37. CONNECT TO EXISTING 24-IN FORCE MAIN AT GRIT TANK 100% 0%
38. ABANDON EXISTING 24-IN FORCE MAIN-C LSM 100% 0%
39. MANHOLE TO BE ABANDONED 33% 67%
40. FIBER OPTIC CONDUIT,2-IN _ 100% 0%
41. _ FIBER OPTIC CONDUIT,2-IN-IN CASING PIPE 100% 0%
42. ELECTRICAL HAND HOLE 100% 0%
43. SANITARY SEWER, 15-IN,PVC SDR-26 0% 100%
44. SANITARY SEWER, 12-IN,PVC SDR-26 0% 100%
45. IDOT CROSSING,CASING PIPE-24-IN STEEL 0% 100%
46. SANITARY SEWER IN CASING PIPE, 15-IN, PVC SDR-26 0% 100%
47. MANHOLE,4-FT DIA. 0% 100%
48. TEMPORARY BYPASS PUMPING FOR SANITARY SEWER 0% 100%