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HomeMy WebLinkAboutResolution #1145., RESOLUTION N0. 114.5 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION, AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the City Council of the City of Canton has reviewed the terms of a proposed agreement, a copy of which is hereto attached and made a part hereof as Exhibit A; and, WHEREAS, the Canton City Council has determined that it is desirable and in the best interest of the City of Canton to approve said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the Agreement between the City of Canton and the Illinois Depart- ment of Transportation, which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said Agreement to be subject to and effective pursuant to the terms and conditions therein set forth. 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. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a special meeting this 25 day of February 1986, upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Workman, Sarff, Steck, Zilly. NAYS : None . ABSENT: Alderman Kovachevich. APPROVED: Donald E. Edwards, Mayor. ATTEST: i anc Whites City Clerk. Illinois Department of Transportation Division of Water Resources 2300 South Dirksen Parkway/Springfield, Illinois/62764 :.~ ,.,~. ag February 18, 1986 Honorable Donald E. Edwards Mayor City of Canton 210 East Chestnut Street Canton, Illinois 61520-2797 Dear Mayor Edwards: Enclosed are three copies of an agreement between the City of Canton and the Department of Transportation covering the repairs to the dam and intake structures at Canton Lake. If you concur with this agreement, please execute all three copies and return to the Division of Water Resources, together with a certified copy of the resolution passed by the Canton City Council authorizing execution. We will return a fully executed copy for your records. This agreement addresses the expenditure of State dollars. Mr. Charles E. McGill of my staff will be the contact person to notify the City when State funds are available and to make approvals of contracts, bids and other items under the terms of the agreement. He may be reached at the above address (telephone 217/782-2456). The agreement does not address matters covered under our statutory authority for the review of plans and other permit requirements to do the repair work. On these matters please contact Mr. Martin Stralow, Chief of the Dam Safety Section, at the above address (telephone 217/782-4430). Should you have any question regarding this agreement or any of the procedures required to obtain a permit to do this work, I will be pleased to meet with you at your convenience to discuss. My telephone number is 217/782-2152. Sincerely, /~ Donald R. Vonnahme Director Enclosures i AGREEMENT ~~474 , ,~ between the CITY OF CANTON, ILLINOIS ' ~ and the STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION for the DAM AND WATER INTAKE REPAIRS AT CANTON LAKE This Agreement made and entered into this day of , 1986 between the City of Canton, Illinois, hereinafter referred to as the "CITY", and the Department of Transportation, acting for and on behalf of the State of Illinois, hereinafter referred to as the "DEPARTMENT", WITNESSETH: WHEREAS, the CITY and the DEPARTMENT are legal entities organized and existing under the laws of the State of Illinois having among their powers the authority to contract with one another to perform such undertakings as described herein, and WHEREAS, the CITY is experiencing problems with their dam and water intake structure at Canton Lake which threatens the security and integrity of the CITY's public water supply source, and WHEREAS, the Illinois General Assembly appropriated the sum of $300,000 under Section 67.1 of Public Act 84-1108 (Senate Bill 134), approved December 20, 1985, to the DEPARTMENT for plans, studies, construction, reconstruction and any other necessary costs to repair the dam and water intake structure at Canton Lake. NOW THEREFORE, for and in consideration of the benefits to be derived from State participation in the repair, construction and reconstruction of the dam, water intake structure and appurtenant works at Canton Lake, the sufficiency of which is hereby acknowledged, the parties hereto agree to the following terms and conditions: 1. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. All covenants agreed to by the DEPARTMENT which require funding are subject to the release of funds, as required by law, appropriated under Section 67.1 of Public Act 84-1108 (Senate Bill 134), approved December 20, 1985. 3. The CITY will do the studies, develop the plans and specifications, prepare contract documents, solicit bids, award contracts, supervise the contract work, furnish all labor, material and equipment and perform all other work necessary, either with its own forces or by contract to complete the repair work. The DEPARTMENT reserves the right to approve any engineering consultant contract which is to be paid with State funds. Should the CITY choose to let a contract for the repair work, the DEPARTMENT reserves the right to review all bids received and approve the bid for contract award. In the event the CITY chooses to use its own forces to do the repair work, a job number will be assigned to the repair work and all bills or statements of cost connected therewith, including, but not limited to, labor, material, equipment rental and fuel cost will bear the assigned job number. Tne DEPARTMENT reserves the right to approve any contract for material, equipment rental or fuel cost which is to be paid with State funds. In this instance, labor will be paid at the prevailing wage at which CITY employees are being paid by the CITY. 4. The DEPARTMENT will pay any of the approved costs for plans, studies, construction or reconstruction and contract supervision for the repair of the dam, water intake structure and appurtenant works at Canton Lake not to exceed the total of $300,000. The CITY will be responsible for any and all costs above $300,000. 5. The DEPARTMENT will pay for repair work either periodically or in one lump sum based on billing(s) furnished by the CITY with proper documentation that the work covered under such billing(s) is in connection with the repair, construction or reconstruction of the dam, water intake structure and appurtenant works at Canton Lake. -2- i • Although the DEPARTMENT is aware of the need to proceed with this work at the earliest possible time, no billing from the CITY covering any work or repairs will be paid by the DEPARTMENT until funds have been released and the DEPARTMENT has given written permission to the CITY to proceed. Any work or repairs done prior to this time will be the sole responsibility of the CITY. 6. The CITY hereby gives the DEPARTMENT the right of access to and the right of examination during regular business hours of all books, records, papers, material and other information or data which the CITY may have concerning the repair, construction or reconstruction of the dam, water intake structure and appurtenant works accomplished under the terms of this agreement. 7. The CITY will maintain the dam, water intake structure and appurtenant works after repair. The DEPARTMENT's obligations under this Agreement will cease after completion of the repairs, expenditure of the $300,000 or June 30, 1986, whichever comes first. In the event that the $300,000 is not totally expended by June 30, 1986, this Agreement will automatically be extended to June 30, 1987, subject to reappropriation of the balance of funds by the Illinois General Assembly. 8. The CITY will hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine or judgment, including all cost connected therewith such as attorney and witness fees, filing fees and any other expenses incident thereto, that may be incurred by reason of personal injury, death, property damage or any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the plans, studies, construction or reconstruction of -3- the dam, intake structure and appurtena t works and the operation and maintenance of the CITY's water supply system. The CITY will not be obligated or responsible to hold the D PARTMENT harmless against any loss, damage, cost or expenses arising out of the negligent acts or omissions by the DEPARTMENT or its agen s or employees. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. RECOMMENDED: Donald R. Vonnahme, Director Division of Water Resources ATTEST: Nanc Whites Clerk STATE OF ILLINOIS APPROVED: H. R. Hanley, Secretary Department of Transportation CITY OF CANTON APPROVED: ., ~~ Donald Edwards, Mayor -4- Report on i of Canton City February, ~~l Illinois DepartmE `~ Division of Water 2300 South Dirkse Springfield, Illinois :ondition ake Dam 1986 of Transportafion esources Parkway 2764 STATE OF ILLINO DEPARTMENT OF TRANSPORITATION DIVISION OF WATER Report on Condit of Canton City Lake February, 1986 Springfielo, Illinois LOCATION MA;P.-^J; ., . r-~.~ fit ~_~ '~ M,I Y! ^ fj~•Jl I 1 _ _ ~, , ~ , 23; / . I f . ' - ~c~ r .wig ~ _ t-i'~ .y ~ ~ 'i ~' _ e ~` ` I ~:st ': ~ `.1. r . I: li •. ~ _ •,=`trs ' . -~ "~,ca-rrron _ is ~" 'tia . -- ` ~, ._~~ ~ ~.R;~ ~~ :~J~, - CANTON DAM _,_..__• ~. ": r~jIn111~-• • ;::;' :. ~• J '"'`~}7• 1Y w I ~w .' Il~lrr.lll;l~•' i ~ i~ I i ,'Jw•i. i~ l ~ . • •.L4Si •f ~ I ~~ !` .. ,. tom,.. ,._.r ~. '~~~-.rr..:+: T _ , _ _ ic. _ _ _' _ . _3fi_ ~ - . :-~ :: "~.•-._ .._.r.~,_.,.. ''3 ~ , J ., _ 11 L.35 ,. /~I,M~pN1 ~,. "r1• .l . ' ;~' ••I ,... .. Gam` t'~''i.,.l . ~,N~G~_4~ ~!`~"I. 1 ') ,r,.- ! '~}.. err 7 ~ ~r }r( /~"`~ ~1,. ,)v1~-\'(~1. ~ ~~ Q7 W :~ 4nfl a. C' :1r r ' r- _ ,~I II ^ ~ ~ - ' ~I I .,, w. a'~ ILLINOIS Report on Condit of Canton City Lake I. Authority Authority for this report and the reps Centon City Lake Dam is provided by the "F1 amended by P.A. 84-900. II. Project Authorization proposed herein at the Control Act of 1945" as Section 67.1 of Public Act 84-1108 provides as follows: The sum of $300,000, or so much ther appropriated from the Capital Develo Department of Transportation for pla reconstruction, grants and any other the dam and water intake at Canton L However, Section 2 of the "Flooo Contr that no funds may be expended until a repor accordance with Section 5 of that Act. Thi statutory requirements for project authoriz as may be necessary, is ~t Fund to the Illinois studies, construction, essary costs of repairs of in Fulton County. pl Act of 1945" provides has been filed in report fulfills the ~tion. Canton City Lake Dam III. Description of Existing Dam Canton City Lake is a water supply imp Copperas Creek east of the city of Canton i reservoir is the sole raw water source for treatment plant is located immediately down Page 2 unding reservoir on Fulton County. The he city. The water tream from the dam. Canton City Lake Dam was built in 1939 by contractors and by WPA work forces. The main structures consist o an earth embankment 700 feet long and an uncontrolled, concrete spi Tway 200 feet long. The maximum height of the embankment is 57 feet and normal pool of the reservoir is 44.5 feet above the tailwater evel. A 4 ft. by 4 ft. conduit, approximately 850 feet long, passe through the embankment into the pool. The upstream end of the con uit is fitted with a Oft. by 4 ft. sluice gate and is surmounted by a concrete tower fitted with three intake valves. The intakes are conne ted by pipe through the conduit to the water treatment plant. The luice gate was provided for dewatering and was last used for this purpo a in 1952. The sluice gate is now silted shut and is inoperable. Canton City Lake Dam was inpected by t 1978 under the National Dam Safety Inspecti deficiencies were found at that time. Hydr spillway could pass the Probable Maximum F1 freeboard. The dam is probably in Hazard C Department's dam safety regulations; althou occupancy and a dam-bursting flood wave hav IV. Description of Problem e Corps of Engineers in n program. No serious ulic analyses showed the od with 0.1 feet ass II under the h analyses of downstream not been made. Subsequent to the dam safety inspectio , winter ice on the reservoir moved the intake tower out of plu Attempts to straighten ., Canton City Lake Dam the tower stressed the connection of the tc Mayor cracks opened in the tower and condui The base of the tower was backfilled with c structure. Further inspection of the condo Department dam safety engineers led to the leaks within the embankment. The condition threatened security of Canton's public Ovate appropriated by the General Assembly (Sec. repairs. Meanwhile, the city attempted to seal embankment with grout. Unusually large qu injected, and grout was observed to emerge the embankment and at the waterline. Unde been made. These conditions indicate a mo water supply. Repair of the dam within the limit of preserve the water supply is unquestionabl replacement water supply would cost millio extent of damage to the tower, conduit, any appropriate means of repairing the damage the water supply can be best determined by investigations and structural inspection. provide the financial assistance intended ~ appropriation. The Department needs to maintain dam project. Those legal duties could oe comb were to become directly involved in perfo: producing design plans and specifications remedial construction. The Department's ~ would not be compromised if state assistai Page 3 Over to the box conduit. t and leakage commenced. oncrete to stabilize the it by the city and by discovery of cracks and at this point clearly the r supply. Funds have been 57.1, P.A. 84-1108) to make he conduit leaks in the tities of grout were t points along the top of ater inspections have not serious threat to Canton's he appropriation to ,justified, since any of dollars. The full embankment and the most d removing the threat to etailed subsurface he Department should the legislature's afety supervision over this ~mised if the Department ing the necessary analyses, c actually performing the n safety responsibilities is financial only. '. Canton City Lake Dam V. Conclusions and Recommendations Page 4 The Department of Transportation, Divi ion of Water Resources concludes that the current condition of the Canton City Lake Dam is a serious threat to the water supply of the c ty of Canton and that the benefits of repairing the dam clearly excee the estimated costs, up to the limit of the appropriation. In order t start repairs expeditiously, without compromising the Dep rtment's dam safety responsibilities, it is recommended that th Department enter into an agreement with the city of Canton allowing he city to bill the state for expenses related to engineering and rem dial construction up to the amount of $300,000 provided: a)the city pay any additional expenses necessary to complete the repair, and, b) t e city maintain the embankment, conduit, and intake in safe and serviceable condition thereafter. h ~~ CERTIFICATE STATE C~ TT T TNOIS, ) SS. COUNTY OF FULTiON. ) I, Nancy L~lhites, City Clerk of the City and State of Illinois, do hereby certify tha of Canton, I am the keeper of records, mirnit~ records and papers of said City, and that th coTry of f Canton, in the County of Fulton as the City Clerk of the City ordinances and other books, foregoing, is a true and correct RESOLUTION NCD . 1140 A RESOLUTION APPROVING AN AG EMENT BETWEEN THE CITY OF CANTON AND THE ILLIN IS DEPARTMENT OF TRANSPORTATION, AND DIRECTIN THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON ILLINOIS. adopted by the City Co~cil of said City and on the 25th ~y of February WITNESS try hand and the Corporate Seal this 26th day °f Fehr ,ary proved by the Mayor thereof lg 8 6 the City of Canton, Illinois 14 $~_. City Clerk, (SEAL}