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HomeMy WebLinkAbout95-180 Resolution No. 95-180 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PITOMETER ASSOCIATES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, 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 Pitometer Associates for 1995 water system leak detection, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 23, 1995 Adopted: August 23, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, is made and entered into this o� . day of , 1995, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and PITOMETER ASSOCIATES an Illinois Consulting Engineer (hereinafter referred to as "CONSULTANT" ) . WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with the detection and pinpointing of leaks in the water distribution system including mains, valves, fire hydrants and customer services (hereinafter referred to as the "PROJECT" ) . AND WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR" . B. In general, the CONSULTANT shall provide leak survey and pinpoint services in the water distribution system. Services to be provided are, but may not be limited to: 1 . Conduct a survey of designated portions of the water distribution system including mains, valves, fire hydrants, and customer services, using electronic sonic leak correlation detection instruments designed for this purpose. 2 . Furnish all other personnel, instruments, equipment, and other tools required to complete -2- the survey. 3 . Provide the specialized, advanced, sensitive electronic detection equipment and skilled operators required to effectively and efficiently perform the leak survey. The acceptable equipment manufacturer is Fluid Conservation Systems or the equivalent. Also, the equipment used should have the capability to automatically compensate for the effect of variable field parameters on the computer analysis ( i .e, compensate for variances in pipe size and pipe material to ensure optimum accuracy) . 4 . Physical contact shall be made with the system at minimum feasible intervals, including all fire hydrants, and when necessary main lines, valves and curb stops . 5 . All indications of leaks shall be verified a second time, after which the leak shall be located with a computer programmed leak locator/coorelator designed to pinpoint leak locations without heavy drill holes or excavations . Pinpointing leak location by other means such as through interpretation of sound intensity, either by ear, decibel metering, or other like methods, shall not be allowed. 6 . An estimate shall be made by Consultant of the size of each leak located ( in gallons per day) and include a tabulation in the hereinafter referenced final report. 7 . The Consultant shall furnish to the City a sketch showing the location of each leak discovered on a daily basis . 8 . Whenever the City repairs any leak detected by the Consultant prior to completion of the field work, the Consultant shall without additional compensation resurvey that particular section of the system. C. Final Report: A final report shall be issued by the Consultant in five (5) copies showing the results of all tests and investigations . The report shall include the location, leak reference number, type of leak, estimated quantity of leakage found, leak location, reports, inventory of defective system components and map errors along with conclusions and recommendations . Also included in the report shall -3- be a water distribution area map supplied by the City of Elgin in which the Consultant shall note on the map, reference numbers of leaks and the approximate location of the leak. D. The Consultant shall present the survey findings at the City Council meeting if the City so requests . E. A detailed Scope of Services is attached hereto as Attachments A and B, which more fully detail the services for the water distribution leak survey work. 1 . Attachment A is the Request for Proposal dated June 23, 1995 and; 2 . Attachment B is the Proposal received from The Pitometer Associates signed by James D. Sarther, Assistant District Manager, and dated July 19, 1995 . Attachment B includes Part A and Part B. II. WORK PROGRESS The CONSULTANT shall complete his work on the project as set forth herein under: Work Commencement: Seven (7 ) days after receipt of a Notice to Proceed. Work Completion & Final Report: Within 100 calendar days of receipt of a Notice to Proceed. Presentation to City Council : To be determined (if required) . III . WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the CONSULTANT may retain copies of such work products for his records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the -4- PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. IV. PAYMENTS TO THE CONSULTANT A. The CITY shall reimburse the CONSULTANT for services under this Agreement lump sums as follows: The reimbursement shall be $70 . 00 per mile for 295 .5 miles of water mains in the distribution system for a total cost not more than Twenty Thousands and Six-Hundred Eighty-Five dollars ($20,685 . 00) regardless of actual Costs incurred by the CONSULTANT unless SUBSTANTIAL modifications to the project are authorized in writing by the City. B. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within 30 days after receipt and approval of invoice. V. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen ( 15) days prior written notice to the CONSULTANT. In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the CONSULTANT is given a written Notice to Proceed following approval of the City's corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing and shall expire on the date the DIRECTOR determines that all of the CONSULTANT's work under this -5- Agreement is completed. A determination of completion shall not be constitute a waiver of any rights or claims that the CITY may have or thereafter acquire with respect to any breach hereof by the CONSULTANT. VIII. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONSULTANT shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT' s fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen ( 15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. -6- X. INDEMNIFICATION The CONSULTANT shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including but not limited to Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including but not limited to negligent actions or omissions of employees or agents of the CONSULTANT arising out of the performance of professional services . XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. Comprehensive Liability. The CONSULTANT shall provide, pay for and maintain in effect during the term of this Agreement a policy of Comprehensive General Liability Insurance with limits of at least $1,000, 000 aggregate for bodily injury and $1,000, 000 aggregate for property damage. The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance, which shall include Contractual obligation assumed by the CONSULTANT under Article X entitled "Indemnification, " shall be provided. B. Comprehensive Automobile Liability. The CONSULTANT shall provide, pay for and maintain in effect during the term of this Agreement a policy of Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined -7- single limit of $1, 000,000 per occurrence subject to a $1,000,000 aggregate. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction unless specifically identified in the herein. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. -8- XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. XVII . NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners between the CITY and the CONSULTANT, or as constituting the CONSULTANT as the general representative or general agent of the CITY for any purpose whatsoever or to constitute an employment relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, subparagraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof . -9- XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties . Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Illinois . XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII . COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The CONSULTANT certifies hereby that he is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXV. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment utilizing examples; -10- D. the vendor' s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act (copy attached) . A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257 . XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants that may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JAMES L. KRISTIANSEN Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONSULTANT: William F.H. Gros President Pitometer Associates 2 N. Riverside Plaza Chicago, Illinois 60606 -11- IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By By 1 t,S . i4 Ci_`__ City C erk City Manager (SEAL) For the CONSULTANT: Dated this 16th day of August , A.D. , 1995 . ATTEST: THE PITOMETER ASSOCIATES B yr /' 4 �r R ul B ,D Y . _� Y L .C%� nc� 1�` James D. Sarther William F.H. Gros 1 Assistant District Manager President (SEAL) • I n 4L(44, Agenda Item No. ypo �n,�ea t lr fly August 3, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Agreement for Professional Services 1995 Water System Leak Detection PURPOSE This memorandum will provide the Mayor and members of the City Council with information to consider in awarding an agreement for water distribution system leak detection services for 1995. BACKGROUND In 1994 the City of Elgin entered into an agreement with Rust Environment and Infrastructure for a leak survey of the distribution system. The following table summarizes the results of that survey: LEAKAGE SUMMARY BY TYPE Total # of Estimated % of Type Leaks Leakage (GPD) Total Hydrant 114 250,000 27. 1 Service 21 371,000 40.2 Main 13 300,000 32 .5 Valve 1 2,000 0 .2 TOTAL 149 923,000 100.0 All the above detected leaks have been repaired. On June 29, 1995, Request for Proposals (RFP) were issued to six firms, specializing in water system leak detection and leak location. A copy of the RFP is attached as Exhibit A. Four proposals were received in response to the issued RFP's. A Staff Selection Committee evaluated the four proposals on July 19, 1995. The Selection Committee evaluated the proposals for completeness, experience of key personnel and the firm's experiences related to water system leak detection. The . Mayor and Members of "` the City Council August 3, 1995 Page 2 Selection Committee recommended that The Pitometer Associates be selected to provide the leak detection services . A copy of the record memorandum of the Selection Committee meeting is provided as Exhibit B, and a copy of the proposed agreement is attached as Exhibit C. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The agreement for leak detection services with Pitometer Associates will be in the lump sum amount of $20,685 . Funds have been allocated for this project in the 1995 Water budget under appropriation # 401-4002-771 . 30-03, Architectural & Engineering Services (Leak Survey) in the amount of $25,000. Based on 1994 leakage figures, the City would save the marginal cost of producing 336 .9 million gallons of water for fift the year. LEGAL IMPACT The Law Department has prepared the agreement with Pitometer. RECOMMENDATION It is recommended that the City Manager be authorized to award this project to The Pitometer Associates for a total price of $20,685 . espectfull s m' ted, James L. Kristiansen Public Works Director Richard B. Helwig City Manager JLK/do Attachments