HomeMy WebLinkAboutRes 28-10 07/06/2010 RESOLUTION NO. 28 -10
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND THE ILLINOIS AMERICAN WATER COMPANY
WHEREAS, the Illinois American Water Company (IAWC) has requested permission to improve
an existing interconnection between their water distribution system and the Village -owned water
distribution system; and
WHEREAS, the Illinois American Water Company has requested permission to construct and
operate an automated emergency water system interconnection on Highland Street; and
WHEREAS, the Illinois American Water Company assumes responsibility for all costs related to
the construction, installation, operation, and maintenance of said facility; and
WHEREAS, the Mayor and Board of Trustees have determined that it is in the best interests of
the Village of Mount Prospect to enter into the agreement with Illinois American Water Company
for the Emergency Water Interconnection.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING
PURSUANT TO ITS HOME RULE POWERS:
SECTION 1: That the Board of Trustees of the Village of Mount Prospect do hereby authorize
the Village President to execute the Agreement for Emergency Water Interconnection between
the Village of Mount Prospect and Illinois American Water Company, a copy of which is
attached and made a part of this resolution as Exhibit "A ".
SECTION 2: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 6 day of July, 2010.
251612_1
AGREEMENT FOR EMERGENCY WATER INTERCONNECTION
BETWEEN THE VILLAGE OF MOUNT PROSPECT AND
ILLINOIS - AMERICAN WATER COMPANY
•
This Agreement is made and entered into th -- day of ((all , 2010 by and
between Village of Mount Prospect, an Illinois home rule Municipal Corporation, Cook County,
Illinois (hereinafter "Village "), and Illinois - American Water Company, an Illinois corporation
(hereinafter "Company ") (sometimes referred to as "Party" or "Parties ")
WHEREAS, the Village owns and operates a municipal water system and furnishes water
to the public located in and adjacent to its corporate limits for residential, commercial, industrial
and corporate purposes; and
WHEREAS, the Company owns and operates a public utility water system and furnishes
water to the public located in and within the vicinities of the corporate limits of the Village of
Mount Prospect, Cook County, Illinois; and
WHEREAS, Company desires to upgrade and replace an existing reciprocal, manually
operated emergency interconnection between the two water systems (the "Existing Emergency
Interconnection ") with an automated pressure reducing valve (PRV) controlled interconnect
station, to provide for the automatic access to an emergency supply of potable water from
Village to Company; and
WHEREAS, in Company's initiative to replace the Existing Emergency Interconnection,
Village desires to retain the reciprocal ability through a manual station bypass line, to receive an
emergency supply of potable water from Company to Village; and
WHEREAS, Village and Company desire to set out in this Agreement their respective
duties, rights and obligations with respect to the disconnection of the Existing Emergency
Interconnection and the construction, operation, maintenance and use of the proposed automatic
emergency interconnection.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, restrictions,
rights, duties and obligations herein contained, the parties hereto agree as follows:
1. Improvements by Company. Company agrees to disconnect the Existing Emergency
Interconnection and in its place construct an automatic emergency interconnection
between Village's potable water supply and Company's potable water supply in
Mount Prospect, Illinois at approximately the intersection of Maple Street and
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•
Highland Street, as shown on, and in accordance with the jointly approved plans
marked Exhibit "A ", attached hereto and incorporated herein by reference (the
"Emergency Interconnection ") (The disconnection of the Existing Emergency
Interconnection and the construction of the Emergency Interconnection are referred to
as the "Improvements ")
2. Cost of Improvements. Company shall pay the total cost of the Improvements, which
shall include, but not be limited to, all costs of materials, flow meters, SCADA, all
other equipment, labor including Village sub consultants for engineering review and
SCADA improvements, services, engineering, surveying, construction, inspection and
testing.
3. Ownership of Improvements. Company and Village agree that Company will own the
meter station as designed, purchased, installed and maintained by the Company. The
Company shall purchase and install the main water meter connected to the automated
PRV valve. However, once installed, this meter shall become the property of the
Village. The Village will cause this meter to be tested and repaired pursuant to
AWWA standards and bill the Company for the cost of said tests and /or repairs.
Otherwise, Company ownership of the said Improvements shall be inclusive up to the
location of a manual valve located immediately adjacent to the point of connection
sleeve on the Village owned water main. Village shall maintain ownership beyond
referenced manual valve on Village side of system interconnection.
4. Emergency Use of Water. Upon completion of the Improvements, the Village and
Company shall each be authorized to utilize the Emergency Interconnection to
supplement their potable water supply on an emergency basis only by drawing upon
the potable water supply of the other, subject to the terms set forth herein. For the
purposes of this Agreement, an "emergency" shall be defined as a temporary period
of time during which the Village or the Company is experiencing or anticipates
experiencing low water pressure and /or water storage levels which it determines in its
sole discretion to be a threat to public safety, health, fire prevention or fire
suppression requirements. The flow rate through said Interconnection shall not
exceed 500 gallons per minute.
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5. Standards for construction of Improvements. The installation and construction of all
Improvements shall be under the supervision of the Village, performed in accordance
with the Village's approvals and in compliance with the Village Codes and
Ordinances, and state and federal law. Company shall be responsible for obtaining
the necessary permits for such Improvements at its cost.
6. Metering of, and charge for water. All water used by either Village or Company
under this Agreement shall be metered. Meter(s) will be installed by Company as
part of the Improvements at Company's cost. Village agrees to read the meter
monthly, where possible, and determine each Party's respective bill for water used
and supply a copy of said bill to Company. The user of the water shall pay to the
supplier for the water used within 45 calendar days of the date of any bill. Village and
Company agree that the rate for water supplied to either Party will be $1.76 per 1,000
gallons or the current rate paid by the Northwest Suburban Municipal Joint Action
Water Agency on behalf of the Village for WATER ONLY from the City of Chicago,
Illinois. Any payment not made when due shall incur a penalty in the amount of one
(1%) per cent of the invoice due and owing. In addition, all outstanding balances
shall incur interest in the amount of one (1 %) per cent per month.
7. Testing and inspection. The Village and Company shall agree to a schedule of regular
testing and inspections of the water meter measuring the supply of water furnished,
and the PRV and SCADA to document that they are operating within tolerance.
Testing and inspection shall not be less than once every twelve (12) month period. At
the time of any test or inspection, the Parties may repair or replace any meter, part of
a meter, and any other equipment that is known or suspected of functioning
incorrectly. All such repairs or replacements and repairs, as well as any tests made of
the performance of the meter, PRV, SCADA and other equipment, shall be made by
and under the supervision of the Village's authorized representatives and Company
shall pay for any tests, repairs, or replacement.
8. Manual access to water. Prior to drawing water from the other Party through use of
the manual station bypass line, the Party desiring to draw water through the
Emergency Interconnect (the "Requesting Party ") shall notify the supplying Party
(the "Supplying Party "), advising as to the estimated flow rate being requested as well
242270_1 3
as the start time and estimated end time of water draw. No water draw shall occur
until the operations manager of the Supplying Party has granted verbal approval to
the Requesting Party. Company shall provide Village with access to the manual
interconnection. If locking mechanisms are used on any of the vaults or equipment
constructed or installed as part of the project, Company will provide Village with
key(s) to allow for Village access.
9. Automatic access to water. The emergency interconnection will permit Company's
automatic access to Village's water in the event of a significant reduction of pressure
in Company's water system. In the event of the automatic opening of the PRV control
valve, the Company's operations manager shall, within two (2) hours of the opening,
alert the Village's operations manager of the reasons for the emergency or SCADA
alert/alarm notification of PRV valve operation. Company shall provide Village with
access to the automatic interconnection. If locking mechanisms are used on any of
the vaults or equipment constructed or installed as part of the project, Company will
provide Village with key(s) to allow for Village access.
10. Right to deny water. Either Party may decline to supply water to the other Party
through the Emergency Interconnection if it reasonably believes such service would
in any way reduce delivery of water to its own customers. In the event of an
automatic access to the Village's water or express approval to a Party for use of the
other's water by manual access, the Supplying Party may require the Emergency
Interconnection to be closed, if it determines that the continuation of service will
reduce delivery of water to its customers. In such case, the Supplying Party should
provide the Requesting Party two (2) hour notice of the closure in advance of the
closure.
11. Water pressure damage. Both Parties agree that they will make no claim against the
other Party for damages as a result of water pressure furnished hereunder. The flow or
pressure of water from the Supplying Party shall not be guaranteed in any way.
12. Indemnification and Insurance. Company agrees and promises to indemnify, hold
harmless and defend Village, its agents, officials, and employees (the "Indemnitees "),
against all losses, damages, claims, liens, suits, liabilities, judgments, costs and
expenses, including attorneys' fees, which may in any way accrue against Village as a
242270_1 4
consequence of this Agreement, the Emergency Interconnection, and any actions by
Company pursuant to this Agreement, including any claims or amounts recovered for
any infringements of patent, trademark, or copyright, or from any claims or amounts
arising or recovered under the Workers Compensation Act or any other law,
ordinance, order or decree, except for any losses, damages, claims, liens, suits,
liabilities, judgments, costs and expenses, including attorneys' fees, sought by or
brought by persons or other third parties against Company or Village relative to the
quality of potable water supplied by Village under this Agreement, or which may in
any way accrue against Company relative to same.
In any action against Village, where the indemnification of Village by
Company described in the foregoing paragraph applies, Company shall, at its own
expense, appear, defend and pay all charges of reasonable attorneys' fees and all costs
and other expenses arising therefrom or incurred in connection therewith, and, if any
judgment shall be rendered against the Village in any such action, Company shall, at
its own expense, satisfy and discharge such judgment. Village shall have the right to
reject or veto any legal counsel chosen by Company to defend Village, in which case
Company agrees to retain other legal counsel acceptable to Village. Nothing in this
Agreement shall be construed as prohibiting Village, its officers, agents, or
employees from defending through the selection and use of their own agents,
attorneys and experts, any claims, actions or suits brought against them arising out of
the performance of this Agreement, even if Company has appeared and is defending
on Village's behalf. In any such event, Company shall, upon invoice from Village,
pay Village its costs of suit and reasonable attorneys' fees. Company shall have no
authority to settle any claims against Village without Village's written approval, and
Village's refusal to give such approval shall not relieve Company of its duty to
defend Village under this Indemnification Agreement.
In any agreements entered into between Company and any contractors and /or
engineers for the disconnection of the Existing Emergency Interconnection, for the
construction of the Emergency Interconnection, and maintenance of the Emergency
Interconnection, Company agrees to include a provision in said agreements stating
that the contractor and engineer agree to indemnify and hold the Indemnitees
242270_1 5
harmless from losses, claims, liabilities, injuries, damages and expenses, including
attorneys' fees, that the Indemnitees may incur arising out of or caused by the
contractor's or engineer `s negligent acts, errors or omissions. Company shall also
include a provision in said agreement stating that the contractor and engineer agree to
use commercially reasonable efforts to require all contractors and their subcontractors
to indemnify and provide insurance coverage in favor of Indemnitees, except such
indemnity and coverage as applicable to Village's own negligent acts, errors or
omissions or for such coverage as may not be commercially available. Such coverage
shall meet the minimum standards set forth below:
a. General Comprehensive Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury, death and property damage. The
general aggregate shall be twice the required occurrence limit. Minimum general
aggregate shall be no less than $2,000,000.
b. Public Liability: $1,000,000 combined single limit per occurrence. Minimum
general aggregate shall be no less than $1,000,000.
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
d. Workers' Compensation: Workers' Compensation limits as required by State
statute.
e. Employer's Liability: $500,000 per incident.
f. Excess Liability: $5,000,000 per occurrence and in the aggregate.
The insurance requirements herein may be satisfied through self - insurance of the
insurance coverage and limit requirements set forth above.
Furthermore, Company will provide Village with certificates of insurance from each
such contractor or subcontractor upon receipt by Company and also upon written
request by Village.
13. Notice. Except as otherwise specifically provided herein, all notices, requests,
demands or other communications to be provided herein shall be in writing and shall
be deemed to have been duly received upon: (a) actual receipt if personally delivered
242270_1 6
and the sender received written confirmation of personal delivery; (b) receipt as
indicated by the written or electronic verification of delivery when delivered by
overnight courier; (c) receipt as indicated by the electronic transmission confirmation
when sent via telecopy or facsimile transmission; or (d) three (3) calendar days after
the sender deposits the notice with the U.S. Post Office when sent by certified or
registered mail, return receipt requested. Notice shall be sent to the addresses set forth
below, or to such other address as either Party may specify in writing.
If to Village:
Director of Public Works Department
Mr. Glen Andler
Director of Public Works
Village of Mount Prospect Public Works Department
1700 West Central Road
Mount Prospect, IL 60056
If to Company:
Kevin Hillen, Operations Manager
Illinois - American Water Company
. 1000 Internationale Parkway
Woodridge, IL 60517
Emergency Contact phone numbers of operations managers:
Village of Mount Prospect (listed in order of preference):
Mount Prospect Public Works Department: 847.870.5640
Water /Sewer Superintendent (mobile): 847.456.1449
Deputy Director of Public Works (mobile): 847.456.1447
Director of Public Works (mobile): 847.456.1446
Mount Prospect Police Department: 847.870.5656
Illinois - American Water Company:
Operations Manager 630 - 739 -8959
Operations Manager (mobile) 630 - 281 -0535
Network Supervisor 630 - 739 -8820
Network Supervisor (mobile) 630 - 669 -9925
Emergency notification may be made by telephone to the emergency contact number
provided herein or such other number as either Party may specify in writing.
242270_1 7
14. Maintenance and repair costs. Company shall be responsible for all costs to maintain,
operate, repair and decommission the Emergency Interconnection, including SCADA
as the need arises.
15. Water standards. It is understood that all water to be supplied hereunder shall be
potable water and that the standards of the Illinois Environmental Protection Agency
for drinking water shall be the standards used in determining potability.
16. Notice of interruption of service. Each Party shall give reasonable notice to the other
party of any interruption of service, change in pressure or any emergency that may
have an effect upon providing service to the other Party under the terms of this
Agreement.
17. Term. The term of this Agreement shall be for ten (10) years beginning on the day the
Agreement has been executed by both Parties. This Agreement will automatically
extend for subsequent and additional ten (10) year terms unless terminated by at least
by ninety (90) days written notice by either Party to the other prior to the end of the
original ten (10) year term. To terminate a subsequent and additional ten (10) year
term of this Agreement, either Party must give the other written notice of its intention
to so terminate at least ninety (90) days prior to the end of such term. Upon
termination of this Agreement, neither Village nor Company shall have any right to
draw water through the Emergency Interconnection from the other Party and the
Emergency Interconnection shall be physically disconnected by the Company, at its
sole cost and expense.
18. Termination due to default. In addition to the termination provision set forth in
Section 16 above, either Party may terminate this Agreement upon fifteen (15) days
prior written notice to the other Party in the event of a material breach of this
Agreement by the other Party, provided said breaching Party does not remedy the
breach within said fifteen (15) day period, or in the event that, by nature of the
default, such default cannot be cured within said time period, the defaulting Party
shall initiate reasonable steps to remedy such default and notify the non - defaulting
Party of the steps being taken and the projected date that the cure will be completed.
The Village retains the right, in its sole discretion, to declare Company in default
upon its determination that Company's projected date to cure is excessive. Material
242270_1 8
breaches shall include, but not be limited, to providing water that does not meet the
standards of the Illinois Environmental Protection Agency for drinking water.
19. Cooperation. The Parties agree to work in good faith to mutually resolve any disputes
occurring or arising out of the performance of this Agreement. The Parties agree to do
all things reasonably necessary or appropriate to carry out the terms, provisions and
objectives of this Agreement. It is the intent of the Parties, as reflected by the terms of
this Agreement, to ensure compliance and fulfillment with the terms and provisions
of this Agreement as may be necessary to give effect to the objectives of this
Agreement.
20. Authority to execute Agreement. Each signatory on behalf of a Party to this
Agreement warrants and represents that he or she is a duly authorized representative
of that Party, with full power and authority to agree to this Agreement, and all terms
herein, on behalf of that Party.
21. Governing Law; Venue. This Agreement shall be construed in accordance with the
laws of the State of Illinois. Venue for any action to enforce the provisions of this
Agreement shall be in the Circuit Court of Cook County, Illinois.
22. Assignment. This Agreement shall not be assignable by either party hereto without
the prior written consent of the other Party.
23. Modification. This Agreement may be changed, altered, modified or amended only
upon the mutual agreement of the Parties. No such change, alteration, modification
or amendment shall be valid unless it shall be in writing and duly executed by both
Parties.
24. Application to successors. This Agreement shall inure to the benefit of and shall be
binding upon the successors and assigns of the Parties, but nothing herein contained
shall be deemed to confer any rights upon any persons, firm or corporation other than
the parties hereto and their successors and assigns.
25. Mutual agreement of Parties. Both Parties have had the benefit of counsel and
participated in drafting this Agreement.
25. Execution as Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be executed by the Parties hereto, and all of which
242270_1 9
shall be regarded for all purposes as one original and shall constitute and be but one
and the same.
26. Obedience to Laws. In the performance of its obligations pursuant to this Agreement,
the Company shall comply with all applicable federal, state, county and municipal
laws and ordinances, including provisions of the EQUAL EMPLOYMENT
OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a
material term of all public contracts, see Title 44, Part 750, Section 750, APPENDIX
A, Illinois Administrative Code, Equal Employment Opportunity Clause.
27. Entire Agreement. This Agreement embodies the entire understanding and agreement
of the Village and the Company with respect to the subject matter hereof and
supersedes all prior and contemporaneous agreements, understandings, negotiations
and communications, whether written or oral.
28. Captions. Paragraph headings are for convenience only, and in no way define or limit
the scope and content of this Agreement.
EXHIBIT A
EMERGENCY INTERCONNECT PLANS AND DETAILS
242270_1 10
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