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HomeMy WebLinkAboutRESOLUTION - 40-90 - 7/10/1990 - NSM JAWA AGRMTRESOLUTION NO. 40-90 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY AND THE VILLAGE OF ELK GROVE VILLAGE (NSMJAWA) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: "Maintenance Agreement" a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 10th APPROVED this 10th ATTEST: Patricia S. Smith Village Clerk day of July 1990. day of July 1990. Charles J. Zettek Village President 90-186 May 1, 1990 MAINTENANCE AGREEMENT BETWEEN NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY F,\k,1Y, THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS The Northwest Suburban Municipal Joint Action Water Agency and the Village of Elk Grove Village, Illinois agree as set forth in this agreement. ARTICLE I - RECITALS Section 101. The Northwest Suburban Municipal Joint Action Water Agency (the "Agency") has constructed and owns a water transmission system (the "Agency System") including approximately 55 miles of Water Transmission Mains and appurtenances to provide Lake Michigan Water to its seven member communities (the "Member Communities"). -1- Section 102. A portion of the Agency System provides Lake Michigan Water solely to the Village of Elk Grove Village (the "Village") as one of the Member Communities. This Portion is comprised of approximately 5,380 feet of 16 -inch Water Transmission Main and appurtenances. (The "Arlington Heights Road Branch"). Section 103. The Agency has a policy of requesting consideration by all Member Communities the possibility of their maintaining a portion of the Agency System within their community. Section 104. The Village and the Agency have mutually agreed that it is in their best interest for supplemental maintenance services on the Arlington Heights Road Branch as authorized by the Agency to be performed by the Village or its agents with costs of such work to be borne by the Agency as outlined in Article V of this Agreement. ARTICLE II Section 201. Scope of Maintenance Services. The Village agrees to provide certain maintenance services as authorized by the Agency to make necessary repairs to the Arlington Heights Road Branch from its connection to the Agency System at its 66 -inch Water Main at Cosman Road and the Natural Gas Pipeline right-of- way beginning at the 16 -inch butterfly valve no. BV -0601 and including all pipe and appurtenances and continuing south and IWAN west along Cosman Road, Arlington Heights Road and Beisterfield Road to its terminus outside the Beisterfield Delivery Structure at Wellington Avenue. This includes approximately the following quantities of pipe and appurtenances: 5,380 feet of 16 -inch ductile iron pipe 4 - 16 -inch manual butterfly valves and vaults 4 combination air release valves 8 drain valves and vaults 3 test stations The maintenance services on the Arlington Heights Road Branch are supplemental to those provided by Agency personnel and include: a. Repair of all breaks. b. Repair or replacement of all malfunctioning valves, hydrants/drain valves, and associated shut-off valves. C. Replacement of valve vault and valve box covers as required. d. Repairs to valve vaults as required. e. Restoration of all right-of-ways along route of pipe- line after repairs. f. Provide field or office locations of the Arlington Heights Road Branch in response to requests from other -3- utilities, governmental agencies, or underground contractors. The Village may, at its option, sub -contract any work it deems necessary. The Village will apply for all permits required by the Cook County Highway Department or other governmental agencies necessary to make emergency repairs. Section 202. Authorization to Perform Maintenance Services. For the maintenance services to be performed under this Article II the Village will notify the Agency of the need for such services and shall proceed with the required work or part thereof only as authorized by the Agency. However, should maintenance work of an emergency nature be required to maintain or restore the water supply of the Village of Elk Grove Village, the Village will notify the Agency operator on duty and immediately proceed with all necessary work required to correct the emergency. Within one regular work day, the Agency will be informed of the scope of work required to correct the emergency and a cost estimate of same and will provide the formal authorization. Such authorization shall be the basis on which the Agency becomes obligated, in accordance with the Agency budget then in effect, to pay the Village for services performed under this Agreement pursuant to Article V. -4- ARTICLE III - Responsibilities of the Agency Section 301. Agency System. The Agency will provide the Village with a complete set of atlas maps, record drawings, and shop drawings for the Arlington Heights Road Branch. In addition, the Agency will provide additional atlas maps and record drawings upon request by the Village or other governmental agencies. Section 302. Provision of Repair Parts. The Agency will provide an initial inventory of repair parts which could reasonably be required for emergency repairs. The Agency will utilize recommendations of the Village for establishing this initial inventory. Some of these repair parts will be stored by the Village, other repair parts will be stored at the Agency Main Pumping Station at O'Hare Airport or at the Agency Office at 2104 Stonington Avenue, Hoffman Estates, IL 60195. ARTICLE IV - Period of Service Section 401. Term. This agreement shall commence September 1, 1990. Section 402. Termination. This agreement may be terminated by either party upon a 90 day cancellation notice. ARTICLE V - Payments to Village of Elk Grove Village Section 501. For the maintenance services performed under Article II the Agency will pay to the Village the charges which represent the current rates for personnel and equipment utilized. -5- Labor: Rates shall include base pay, overtime, fringe benefits and overhead. Equipment: Equipment charges will be at the then current motor fuel tax rate of the Illinois Department of Transportation. All wage and equipment charges would be on a portal to portal basis. All sub -contracted work would be on a cost plus 5% service fee. All repair parts or materials not provided by Agency shall be at cost plus 10%. ARTICLE VI - General Provisions Section 601. Insurance Requirements. The Village shall, to the full extent provided by law, indemnify and hold harmless the Agency and each and every one of its Member Communities, officers and employees against all losses, claims, expenses (including attorneys' fees and costs) and liabilities to the extent caused or alleged to be caused by negligence or willful misconduct of the Village in connection with or related to the maintenance services listed in Article II of this Agreement. The Village shall also secure, pay for and maintain comprehensive general liability insurance to cover claims for personal injury, death or property damage which may arise out of in connection or related to the maintenance services listed in the Agreement. The public Z'M liability limits for such insurance shall be one million dollars combined single limits of personal injury and property damage. IN WITNESS WHEREOF, the parties sign this agreement as of the date first above written ATTEST: ATTEST: Patricia S. Smith Village Clerk AGENCY M VILLAGE OF ELK GROVE VILLAGE By: Charles J. Zettek Village President -7-