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HomeMy WebLinkAboutResolution #3131RESOLtJT I ON ND. ~~~ A RE90LUf I ON APPF~7V I N~G AN AC~EE?dFTtf BElVVEEN Tlf C 1 TY OF CANTaV AND QZI~INFCRD, A~'I-11f & T ILLY 1 NC. AND D I RECT I I~G TI-E M4YOR ,41~D C I TY CLEWC TO D~OUTE AND DELIVER SAI D AL~iEEa~ETIT ON BENAIF OF Ti-E CITY aF G4NTQV, ILLINOIS. HtEF~EAS, the City Council of the City of Canton, tllnois has determined that it is necessary and in the best interest of the City of Canton to enter into an Agreement for Engineering Services for the Clean Lakes Program with Crawford, Murphy & Tilly, Inc. hereto attached and herein incorporated as Exhibit "A". NX71N, l~FORE, BE I T iRE90LVED BY ll-E CITY OOIlVC I L OF TFf CITY OF CAIVTaV, Fulton County, Illinois as follows: 1. That the Agreement for Engineering Services for the Clean Lakes Program, hereto attached as Exhibit "A" between the City of Canton and Crawford, Murphy & Tilly, Inc. is hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said agreement on behalf of the City of Canton, Illinois. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 1st day of September, 1992, upon a roll call vote as follows: AYES: A~.dermen May, Chapman, Meade, Bohler, Steck, Sarff, Coay, Molleck, NAYS: None. ~p~-: None. AP Wald E. Edwards, Mayor ATTEST: ~~ ~ ~ Nan y White , City Clerk CITY OF CANTON CLEAN LAKES PROGRAM PHASE I - DIAGNOSTIC/FEASIBILITY STUDY FOR LAKE CANTON AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made at CANTON, ILLINOIS this lst day of September 19 g2 by and between the City of Canton, Illinois, hereinafter called the OWNER, and Crawford, Murphy & Tilly, Inc., Consulting Engineers, Springfield, Illinois, hereinafter called the ENGINEER; WITNESSETH: That whereas the OWNER intends to assist the OWNER and others to conduct a Phase I Diagnostic/Feasibility Study of Lake Canton for the Clean Lakes Program, (hereinafter called the Project) OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below. SECTION 1 - SERVICES OF ENGINEER 1.1 General - ENGINEER shall perform professional services as herein described unless modified under Section 5.1, Special Provisions. 1.2 Data Analysis - Calculate nutrient and sediment loads that are delivered to the lake by the tributary streams. This information is derived from the Tributary Sampling and Water Quality Testing information supplied by others as described above. 1.3 Pro.iect Coordination and Cooperation with Agencies - Discuss project with Endangered and Threatened Species Board, Illinois Environmental Protection Agency. 1.4 Study Lake Management and Restoration Techniques - Alternatives for improving watershed water quality and for improving the lake water quality. These alternatives may include some of the following: SCS sponsored farmland preservation techniques, stream bank erosion protection, lake bank erosion protection, and limiting boat size on the lake to reduce boat waves. Make necessary site visits to investigate current watershed ad lake problems for discussion in the final report. 1.5 Prepare Final Report - Incorporate gathered information into a final report consistent with Appendix E of the Clean lakes Program Regulations, discussing options for lake restoration and management. Also include feasible options to achieve lake restoration management goals. 1.6 additional Services -Additional services in connection with the Project, including services normally furnished by OWNER and services not otherwise provided for in this Agreement. SECTION 2 - Q~NER'S RESPON516~~ITIES 2.1 The OWNER shall: Provide criteria and full information as to OWNER'S requirements for the Project, including objectives and constraints, performance requirements, flexibility and expandability, and any budgetary limitations;and furnish copies of all material and information required to complete the study in accordance with the requirements set forth in the Clean Lakes Program including the following: 2.2 Volunt~ep Lake MonitoriNg - Monthly monitoring - 2 times in May and September. This sampling was started by the OWNER in January 1992 and will continue untie January 1993. 2.3 ~j~~tarv and ~Q~~lwav Sampling a) Monthly samples at each tributary and the spillway. The OWNER will be responsible for grabbing monthly samples at the tributaries and the spillway, as shown on the enclosed maps. The OWNER will be responsible for coordinating the sample testing with IEPA. b) O'epth measurement at each site during sampling. The OWNER will be responsible for taking depth measurements at each site during the storm and monthly tributary sampling. c) Storm samples at each tributary and the spillway. The OWNER will be responsible for grabbing samples at the tributaries and spillway during storm events. These storm events should be events of 1/2 inch rainfall or greater. The storm samples should be refrigerated and sent to the IEPA for testing. The OWNER will be responsible for coordinating the sample testing with IEPA. 2.4 Sedimentation Survev - Depth measurements at set cross sections throughout the lake. The OWNER is responsible for re-establishing the original Illinois State Water Survey sediment survey baseline. The OWNER will also take cross sections through the lake at these established sections. 2.5 Sediment Core Samples - Core Samples will have to be taken if the OWNER decides during the course of this project that sediment dredging is an alternative that they may consider. ENGINEER will be willing to assist in the gathering of these samples and IEPA will conduct the analysis of the samples. 2.6 Agency Discussions - The OWNER will get all applicable maps and reports from the Soil Conservation Service, Illinois Department of Conservation - Fisheries and forward them to the ENGINEER. 2.1 Historic Lake Usa4e - The OWNER will look up boat registrations and campground usage information for the past five (5) years and send it to the ENGINEER. 2.8 Rain Gau4e Information - The OWNER will set up a rain gauge and keep daily totals of rainfall during the one year sampling period. 2.9 Sharing Information - The OWNER will be responsible for forwarding information to ENGINEER. This information is as follows: - Copies of Voluntary Lake Monitoring reports. - Copies of Monthly and Storm Tributary and Spillway Sampling Results and depth measurements (Performed by others). - Sediment Survey Reports from past and present measurements. - Historic lake usage information. - Rain gauge information (By others). - Water quality testing reports. 2.10 Designate in writing a person to act as OWNER'S representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, interpret and define OWNER'S POLICIES AND DECISIONS. 2.11 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER'S services. 2.12 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. ~ TION ~ - PAYMENTS TO ENGINEER 3.1 The OWNER agrees to pay the ENGINEER as compensation for rendering the professional engineering services hereinabove described based upon standard invoice forms submitted by the ENGINEER. 3.2 Studv and Repgrt - For services described in Section 1 on a time and expense basis in accordance with the attached Schedule of Hourly Charges, an amount not-to-exceed 537,000 unless further authorization is received from the OWNER. The not-to-exceed amount based upon the current level of effort envisioned as defined by the scope indicated in Section 1 (see also Appendix A). The payment of this fee shall be made in monthly installments submitted to and approved by the OWNER. The attached Schedule of Hourly Charges is subject to change at the beginning of the next calendar year and at subsequent intervals of not less than 12 months. SECTION 4 - GENERAL CONSIDERATIONS 4.1 Risk Allocation - The total liability, in the aggregate of Engineer and Engineer's officers, directors, employees, agents and consultants, and any of them, to owner and anyone claiming by, through or under owner, for any and all injuries, claims, losses, expenses or damages arising out of the Engineer's services, the project or this agreement, including but not limited to the negligence, errors, omissions, strict liability or breach of contract of Engineer or Engineer's officers, directors, employees, agents or consultants, or any of them, shall not exceed the total compensation received by Engineer under this agreement, or the total amount of $50,000.00, whichever is less. In the event the client is unwilling or unable to limit the Engineer's liability in accordance with the provisions set forth in this paragraph, then the client agrees to pay the Engineer a sum equivalent to an additional amount of 4% of the total fee to be charged for the Engineer's services, which sum shall be a "Waiver of Limitation of Liability Charge." This charge will not be construed as being a charge for insurance of any type, but will be increased consideration for the greater risk. 4.2 Successors and Assigns - OWNER and ENGINEER each binds himself and his partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the other. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates and subcontractor as he may deem appropriate to assist in the performance of services hereunder. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and ENGINEER. SECTION 5 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES 5.1 This Agreement is subject to the following special provisions. 5.1.1 None 5.2 The following Exhibits are attached to and made a part of this Agreement: 5.2.1 Schedule of Hourly Charges 5.3 This Agreement together with the schedule identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said schedule may only be amended, supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: BY ENGINEER: Crawford, Murphy & Tilly, Inc. BY Title BY Title President B Secretary FILE NAME: JoD Ne: 92027-OP Eg1IMATED EN8INEERIN6 COST IAPPENOIX Al Client: City of C+nton, Iltineis By: Ntt• Wilcoxon Date: 8-17-92 Job Title: tilca Cmtea Clean Lines Progrte Contract type: Hourly Rate tNTE! DIRECT EXPENSES EMPLUYEE ClABS !•~..,,..~..,.~..hh...,.,..,,w..,.,+.~..,........ ~ ~ «...,,,....,.hKh~-,...,w........h...,..,,...,,..1 J TEN X ! SUB- NORI( I TEN 1 1! 2 1 3 ! 4 ! 5 6! ! 1hMVVN~.KiVhhVtiyyyhhV VhH,hhtiVV'hV~!V••V~1Vhtif ~YY'y`µ,!V;`~y ;~`8.~.9 ~!!0 ! T~Ayy TOTAI!lCON`RAChT~TRAVEL COMPU`ER PRINTINfi N15C ` i PROJECT M6Ni. 5 SITE VISIT y y S ! 0 ! S6 ! 16 ! 0 ! 0 ! 0 ! 0 ! 24 ! 6 ! 0 ! 96 18X! 1380 s50 ~ . I ! ! ! ! ! ! ! ! ! ! ~ ~ DATA ANALYSIS i REVIEW ' ! 0 140 ! 40 ! 0 ! 0 ! 0 ! 0 !l00 ! 0 ! 8 ! 188 35x! ! f50 t40 3 OtA6NOSTIC 9TUOY I O ! 60 132 ! O ! 0 ! 0 ! 0 ! 32 ! 0 ! e ! 13P PSx! fA4 ! ! ! ! ! I I t 1 1 1 ! ~ 4 FEA8I8ILITY STUOY ~ ! 0 ! 40 ! 24 ! 0 ! O ! 0 ! 0 ! 8 ! 0 1 $ ! BO isf{! ! f40 ~ S ENVIRONMENTAL EVALUATIOiI ! 0 124 1 8 ! 0 ! 0 ! 0 ! 0 ! 0 ! 0 ! 2 ! 34 8x! ! ! I ! ! ! I ! ! ! ! ! ! ! ! ! , VhbKKhh KtiVKMrh~YV YhV V V~K11 MANNOURS er EMPIDYEE CLASS ! ? ! ! ! ! ! ! ! , I , . b04V ViYh VhVhVyyVM44YM~rYNVhh4i4MMYbr•r~YhMr6VFV V VN4K1~1r1h~Y ~ OVIMVM6h KV V{hKihhlVMVhV VryM-YVOhV V Vh V hK+~ ! 0 !2P0 !120 ! 6 ! 0 ! 0 ! o !i64 ! 0 !26 ! Sao TarAl! 10 1380 sS0 l120 sso ~ •MM 4hhYYN4iMhK4MhMhMYKh/M.V~MV~s~1tiV4 Kh11VhVV111O4hMViYV •Yh4V ~• KrN-11rMr'Y'YM1M11r1• CRAWFORD, MURPHY & TILLY, INC. SCHEDULE OF HOURLY CHARGES EFFECTIVE JANUARY 1, 1991 Engineering Aide .................................................... $28.00 per hour Engineering Technician .............................................. $34.00 per hour Senior Engineering Technician ....................................... $45.00 per hour Land Surveyor ....................................................... $53.00 per hour Planner ............................................................. $53.00 per hour Engineer ............................................................ $52.00 per hour Senior Engineer ..................................................... $60.00 per hour Project Engineer .................................................... $68.00 per hour Senior Project Engineer ............................................. $83.00 per hour Principal of Firm ................................................... $87.00 per hour To the amount charged at rates shown will be added the actual cost of blueprints, supplies, transportation and subsistence and other miscellaneous job related expenses directly incidental to the performance of services. A rental charge will be made when flow monitoring, sampling or level recording equipment or nuclear density equipment are used directly on assignment. In the event that additional services such as exploratory drilling, materials testing, aerial photogrammetry, foundation studies or other specialized services are furnished to the ENGINEER by another organization, reimbursement for such services shall be at actual cost plus ten percent. If assignment requires payment of premium for overtime hours, the fee will be adjusted to include premium costs. These rates are subject to change upon reasonable and proper notice. In any event this schedule will expire and be superseded by a new schedule on or about January 1, 1992.