95-180 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
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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
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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
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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
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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.
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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
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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.
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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 .
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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;
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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
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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
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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