97-285 Resolution No. 97-285
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
PITOMETER ASSOCIATES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert O. Malm, Interim 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 the 1997 water distribution leak
survey, a copy of which is attached hereto and made a part
hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: December 3, 1997
Adopted: December 3 , 1997
Omnibus Vote: Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this /11k: day of ,
1997, 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"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER 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 ENGINEER represents that he 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, the parties hereto hereby agreed by and
between the CITY and ENGINEER that the CITY does hereby retain the ENGINEER to act for
and represent it in all engineering matters involved in the PROJECT, subject to the following
terms and conditions and specifications, to-wit:
I. SCOPE OF SERVICE
1. All work hereunder shall be performed under the direction of the Director of City's Water
Department, hereinafter referred to as the"DIRECTOR".
2. In general, the ENGINEER shall provide leak survey and pinpoint services in the water
distribution system pursuant to the requirements of the Project.
Services to be provided include, but are not limited to:
2.1 Conduct a survey of the 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.
2.2 Furnish all other personnel, instruments, equipment, and other tools required to
complete the survey.
2.3 Provide the specialized, advanced, sensitive electronic detection equipment and
skilled operators required to effectively and efficiently perform the leak survey.
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The acceptable equipment manufacturer is Fluid Conservation Systems or the
equivalent. Also, the equipment used shall 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).
2.4 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.
2.5 All indications of leak shall be verified a second time, after the leak shall be located
with a computer programmed leak locator/corelator 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.
2.6 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.
2.7 The ENGINEER shall furnish to the City a sketch showing the location of each
leak discovered on a daily basis.
2.8 Whenever the CITY repairs any leak detected by the ENGINEER prior to
completion of the field work, the ENGINEER shall without additional
compensation resurvey that particular section of the system.
3. 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 leak location, leak reference number,
type of leak, estimated quantity of leakage found, reports, inventory of defective system
components and map errors along with conclusions and recommendations. Also included
in the report shall be a water distribution area map supplied by the City of Elgin in which
the ENGINEER shall note on the map, reference numbers of the leaks and the
approximate location of the leak.
4. The ENGINEER shall present his findings to the City at a City Council meeting at no
additional charge on such date as may be requested by CITY.
5. 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.
5.1 Attachment A is the Request For Proposal dated October 2, 1997 and;
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5.2 Attachment B is the Proposal received from the ENGINEER signed by James D,
Sarther, District Manager, and dated October 21, 1997.
Attachment B includes Part A and Part B.
II. WORK PRODUCTS
All work products prepared by the ENGINEER 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 ENGINEER may retain
copies of such work products for its records. Such work products are not intended or
represented to be suitable for reuse by the CITY on any extension to the 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 ENGINEER.
III. PAYMENTS TO THE ENGINEER
A. The CITY shall pay the ENGINEER for all services under this Agreement a total lump
sum cost of Eleven thousands and Nine-Hundred dollars ($11,900.00) , regardless of
actual costs incurred by the ENGINEER unless SUBSTANTIAL modifications to the
project are authorized in writing by the DIRECTOR.
B. The CITY shall make periodic payments to the ENGINEER based upon actual progress of
work provided within 30 days after receipt and approval of invoice subject to the total
payment amount provided for herein.
IV. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data under this Agreement. The ENGINEER shall make these
records available at reasonable times during the Agreement period, and for a year after
termination of this Agreement.
V. TERMINATION OP AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any time upon fifteen(15) days prior written notice to the ENGINEER. In the event that
this Agreement is so terminated, the ENGINEER shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
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reimbursement shall not exceed the total amounts set forth under paragraph III or IV
above,whichever is less
VI. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of
action taken by the CITY, the ENGINEER shall give written notice of his claim within 15
days after occurrence of such action. No claim for additional compensation shall be made
valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the
extend that such changes are included in writing signed by the CITY and the ENGINEER.
Regardless of the decision of the DIRECTOR relative to a claim submitted by the
ENGINEER, all work required under this Agreement as determined by the DIRECTOR
shall proceed without interruption. A determination of completion shall not constitute a
waiver of any rights or claims which the CITY may have or thereafter acquire with respect
to any breach thereof by the ENGINEER.
VII. 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 other party to comply with the conditions of the Agreement, the other
party may terminate this Agreement.
VIII. INDEMNIFICATION
The ENGINEER 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
Workmen's Compensation claims, in any way resulting from or arising out of negligent
actions or omissions of the ENGINEER in connection herewith, including negligent or
omissions of employees or agents of the ENGINEER arising out of the performance of
professional services.
IX. 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.
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X. INSURANCE
A. Comprehensive Liability, The ENGINEER 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 ENGINEER 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 ENGINEER under Article IX entitled "Indemnification" shall be provided.
B. Comprehensive Automobile Liability. 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
general liability and auto exposures may be met with combined single limit of
$1,000,000 per occurrence subject to a $1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineer's professional
Liability Insurance Covering claims resulting from error, omissions or negligent
acts with a combined single limits of not less than $1,000,000 per occurrence. A
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without thirty
(30) days prior written notice to the DIRECTOR.
XI. CONSTRUCTION MEANS.METHODS, TECHNIQUES,. SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER 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 Scope of Services.
XII. NONDISCR_IMtNATION
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
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requirement shall apply to, but not 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 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.
XIII 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.
XIV. DELEGATION AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the ENGINEER shall remain liable to the
CITY with respect to each and every item condition and other provision hereof to the
same extent that the ENGINEER would have been obligated if it had done the work itself
and no assignment, delegation or subcontract had been made.
XV. 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 a relationship,joint venture, employment or other
agency relationship, between the CITY and the ENGINEER.
XVI. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or
other provision of this Agreement, or any portion thereof, shall be held to be void
otherwise unenforceable, all other portions of this Agreement shall remain in full force and
effect.
XVII. 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
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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.
XVIII. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes 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.
XIX. 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.
XX. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
XXI. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
XXII. INTERFERENCE WITH PUBLIC CONTRACTING: P.A 85-1295
The ENGINEER certifies hereby that it 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.
XXIII SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have a written sexual harassment
policies that include, at a minimum, the following information:
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A. The illegality of sexual harassment;
B. The definition of sexual harassment under state law;
C. A description of sexual harassment, utilizing examples;
D. The vendor's internal complaint process including penalties;
E. The legal recourse, investigative and complaint process available through the
Illinois Human Rights Commission;
F. Directions on how to contact the department and commission;
G. Protection against retaliation as provided to the Department of Human Rights
upon request. P.A.87-1257.
XXIV The ENGINEER shall comply with the requirements of the Prevailing Wage Act (820
ILCS 130/0.01 et seq.)
XXV. WRITTEN COMMUNICATIONS
All recommendations and other communications by ENGINEER to the DIRECTOR and
other participants which 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 ENGINEER be made or confirmed in writing.
XXVI 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:
Larry E. Deibert
Director of Water Department
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
James D. Sarther
District Manager
Pitometer Associates, Inc.
20 N. Wacker Drive, suite 1530
Chicago, Illinois 60606
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IN WITNESS WHEREOF, the undersigned have placed their hands and seal 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
Ii
By � � � By i
City Cleii cting City Manager
(SEAL)
For the ENGINEER:
Dated this 20 day of Jle, ve rn be r , A.D.'1997
ATTEST:
e
By 4"*".i/ . 4 By
District Manager President
(SEAL)
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(G`0 OF'et C
° " 't City of Elgin Agenda Item No.
AT[D%A
October 30, 1997
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT: Proposals for 1997 Water System
Leak Detection Program
PURPOSE
This memorandum will provide the Mayor and members of the City
Council with information to consider awarding a contract for
water distribution system leak detection services for 1997 .
BACKGROUND
Results of leak surveys from the last four years are as
follows :
1993 1994 1995 1996
em. Total Total Total Total
Est. Est. Est. Est.
# of Leakage # of Leakage # of Leakage # of Leakage
Leaks in GPD Leaks in GPD Leaks in GPD Leaks in GPD
195 975, 810 149 923, 000 144 774 ,500 106 489,500
The trend of the leakage detected is going down. Therefore,
it is recommended to conduct this year' s survey in the areas
where the percentage of leaks were higher than last year,
covering roughly 173 miles of the distribution system rather
than the full 310 miles . The total estimated leakage detected
last year represents 3 . 9% of the average daily production.
In 1996, the City of Elgin entered into an agreement with
Pitometer Associates for that leak survey. Based on the
average annual cost of water production for chemicals and
electrical power of $269 . 83 per million gallons, savings
attributed to repairing these leaks that had not surfaced were
$48,210 . These savings do not include any overhead costs .
All undetected leaks are repaired either by the City or by the
customer if the leak is on the private service lateral .
ep... Requests for proposals were sent to seven firms specializing
in water system leak detection and leak location. Five
proposals were received and opened on October 21, 1997 .
Proposals for 1997 Water System Leak Detection Survey
October 30, 1997
Page 2
e.► The proposals were evaluated by City staff for completeness,
experience of key personnel and the firm' s experience relating
to water system leak detection and past experience with the
City. (A copy of the consulting qualification rating is
attached. ) Pitometer Associates, the selected firm and the
one with the lowest cost proposal, successfully performed a
similar leak survey for the City of Elgin in 1996 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
(,FINANCIAL IMPACT
Sufficient funds have been reallocated for this project in the
Water Department ' s 1997 Budget under appropriation
number 401-4002-771 . 30-03, Architectural and Engineering
Services (Leak Survey) .
ALTERNATIVES
None.
4 LEGAL IMPACT
None.
RECOMMENDATION
It is recommended the 1997 leak survey program be awarded to
Pitometer Associates for a total price of $11, 900 .
Res su itted,
Lt,...,..7 C ,
Larry E. Deibert
ireCtor of Water Department
! / i i
O
Rdb-, O. Malm
Inte im City Manager
ROM:LED:ras 01141024 . 197
Attachments
1
rii
•
TOTAL SCORES TABLE
1997 Water Distribution Leak Detection
EVALUATORS
CONSULTANTS
Larry Deibert Peter L.Bityou Kurt Eshelman Pat Oglesbee
Water Services 80 63 70 75
Rust Environment&Infrastructure 93 95 97 84
Simpson Co.,Inc 86 67 95 74
Pitometer Associates 97 99 98 85
Associated Technical Srvices(ATS) 53 84 98 73
RATING TABLE
1997 Water Distribution Leak Detection
SELECTION TEAM Water Services Rust Simpson Pitometer Associated
E Environment Technical Services
Larry Deibert 2 4 3 5 1
Peter L.Bityou 1 4 2 5 3
Kurt Eshelman 1 4 3 5 5
Pat Oglesbee 3 4 2 5 1
TOTAL SCORES 7 16 10 20 10
RANK 4 2 3 1 3
Note: Assign Scores Based on the following formula:(5-First, 4-Second, 3-Third, 2-Fourth,
1-Last)
ellik
CITY OF ELGIN
QUALIFICATION RATING SHEET
1997 Water System Leak Detection
Engineering Services
CONSULTANTS
EVALUATION Weight
FACTORS Water Services Rust Environment& Simpson Co.,Inc. Pitometer Associates Associated Tedmical Services
Infrastructure
Lany Peter Kurt Pat Larry Peter Kurt Pat Lany Peter Kurt Pat Larry Peter Kurt Pat Lany Peter Kurt Pat
Scope of Work 0-15 10 8 15 15 15 13 15 15 15 8 15 15 15 15 15 15 10 8 15 15
Experience of key personnel 0-20 15 10 10 15 19 20 20 15 18 18 18 15 19 20 20 15 5 19 19 15
Experieno of the firm 0-20 15 15 10 • 10 19 20 20 15 18 18 20 12 20 20 20 15 10 20 20 15
Location 0-15 15 15 15 15 12 12 12 12 13 5 12 12 13 14 13 12 13 15 14 12
Work Load/Availability 0-10 10 5 10 5 10 10 10 10 5 8 10 10 10 10 10 10 5 7 10 6
Past Experience 0-20 15 10 10 15 18 20 20 17 17 10 20 10 20 20 20 18 10 15 20 10
Total 0-100 80 63 70 75 93 95 97 84 86 67 95 74 97 99 98 85 53 84 98 73
CITY OF ELGIN, ILLINOIS
WATER SYSTEM LEAK DETECTION SERVICES
Price Tabulation
October 24, 1997
Rank NAME OF FIRM PRICE
1 Pitometer Associates $ 11,900.00
2 Rust Environment& Infrastructure $ 12,110.00
3 Simpson Co., Inc $ 16,900.00
3 Associated Technical Services $ 13,244.88
4 Water Services $ 14,341.00