HomeMy WebLinkAboutResolution #3473.~
RESOLUTION NO. 3473
A RESOLUTION APPROVING A LETTER OF AGREEMENT BETWEEN THE
CITY OF CANTON AND MAURER STUTZ, INC., FOR ENGINEERING
DESIGN FOR POTABLE WATER TRANSMISSION MAIN
WHEREAS, the City Council of the City of Canton, Illinois has reviewed the
terms of said Agreement, a copy of which is attached hereto and made a part hereof as
Exhibit A; and,
WHEREAS, the City Council of the City of Canton, Illinois has determined that it
is 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 corporate officers be and they are hereby authorized to enter into a
written Agreement, copy attached as Exhibit A, with Maurer Stutz, Inc. for engineering
design for potable water transmission main.
2. 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
regular meeting this 15thday of June, 1998, upon a roll call vote as follows:
AYES: Aldermen Hartford, Sarff, Phillips, Nidiffer, Shores, May.
NAYS: None.
ABSENT: AldermenMolleck, Meade.
AP OVED:
~~,
onald E. Edwards, Mayor
Attest:
~,
~~~~~ ~~~it ~,c~:~.~
Nancy Whit s, City Clerk.
MEMO
To: Jim Snider
From: Jim Elson, City Attorney ~,.5.,_.
Re: Maurer -Stutz proposal for Engineering Design for Potable Water Transmission
Main
Date: June 11, 1999
At your request I have reviewed the agreement submitted by Maurer -Stutz, Inc.
for engineering design. for the proposed new transmission line from the Water Treatment
Facility at Canton Lake to the existing water distribution system of the City.
The Agreement. utilizes the Standard Form of Agreement between Owner and
Engineer for Professional Services and is detailed and somewhat complex nevertheless it
provides for Preliminary Study, Preliminary Design, topographic- survey, hydraulic
modeling, contract documents, permit applications and easement plats and Final Design.
As noted in the proposal, Maurer -Stutz seeks immediate approval so that work
may begin to meet an October 6, 1999 deadline through DCCA.
The fee of Maurer-Stutz is estimated at $93,000 unless an increase he authorized
by the City. It is noted that the standard fee would be $97,000, thus a reduction of
4.12%.
The entire agreement has been reviewed by me and contains no highly unusual
provisions and appears to contain the usual engineering contract language.
My initiaLreaction.to paragraph-5_L was negative, but a$er further consideration I
have. come to accept it as a proper exercise of proprietary rights in intellectual property.
n~u~R. srurz, ~n-c.
„ ENGINEERS SURVEYORS
7615 North Harker Drlve TEL 309-693-7615
PeoNa, Illlnols 61615 FAX 309-693-7616
June 4, 1999
Mr. Jim Snider
Administrative Assistant
City of Canton
210 E. Chestnut
Canton, II, 61520
. ::..............
,_ ~.
Re: City of Canton -Engineering Design for Potable Water Transmission Main
Letter Agreement for Professional Services
MSI Proposal No.: 230-99022
Dear Mr. Snider:
Maurer-Stutz, Inc. is pleased to submit a proposal to provide Professional Services consisting of
engineering design for the above referenced project. Accordingly, please find enclosed the
following documents submitted for your review, comment and execution, if satisfactory:
1. An Engineers' Joint Contract Documents Committee (EJCDC) Standard Form of
Agreement Between Owner and Engineer for Professional Services including
Exhibit A (HUD Special Provisions) and Exhibit B (Limitation of Liability).
2. Attachment #1 consisting of the following: (1) a summary of the proposed Scope
of Work and (2) a detailed estimate of manhours associated with specific work
tasks.
3. Attachment #2 consisting of a Payment Schedule and a copy ofMaurer-Stutz,
Inc.'s Standard Hourly Rate Scneu::'.P for Professional Services.
Maurer-Stutz, Inc. proposes to render Professional Services for engineering design including the
preparation of Contract Documents (i.e. Plans and Specifications) in connection with the design
of a new potable water transmission main from the City's existing Water Treatment Facility to the
City's existing water distribution system approximately paralleling the alignment of the existing 16
inch diameter steel main primarily along Chestnut Street (hereinafter referred to as the "Project").
You are expected to furnish us with full information as to your requirements including any special
or extraordinary considerations for the Project or special services needed, and also to make
available all pertinent existing data.
PEORIA ~ CANTON
.,`,,.
Our professional services will consist of the following primary components summarized below
and discussed in greater detail in Attachment #1 (scope and manhour estimate):
1. Afield topogaphic survey sufficient in scope and detail for the production of
engineering Plans and Specifications.
2. Hydraulic modeling of the City's existing water supply and distribution system
sufficient in scope and detail for the engineering design of the new water
transmission main.
3. Preparation of Contract Documents (i.e. Plans and Specifications) suitable for
bidding for the aforementioned water transmission main (please note that no costs
are included in this proposal for necessary modifications to the Contract
Documents resulting from the City's selection of additional funding sources such
as IEPA and Rural Development).
4. Preparation of permit applications and coordination with permitting Agencies
during project review.
5. Preparation of easement plats for the Project (for the assumed alignment).
Although our estimate for this project stands at approximately $97,000, Maurer-Stutz, Inc., in an
effort to assist the City in meeting its budgetary limitations, hereby agees to perform the work as
detailed in the attachments, for an estimated fee not to exceed $93,000, unless an increase is
authorized in writing by the City. Thus, the City of Canton agees to compensate Maurer-Stutz,
Inc. a fee not to exceed $93,000 based on the manhour and expense estimates presented in
Attachments #1 and #2. Labor costs for all Maurer-Stutz, Inc. professionals shall be compensated
at the attached Standard Hourly Rates (see Attachment #2). Additional Services Costs for
outside services incurred in connection with all Basic and Additional Services for the Project (i.e.
for expenses, subconsultants, etc.) shall be compensated at the rate of 1.10 times the expense.
Time is of the essence in the Project, as the City expects to apply for partial project funding
through the Department of Commerce and Community Affairs (DCCA) in the form of a
Construction Grant from the Community Development Assistance Program (CDAP). Thus, we
expect to begin work on the Project promptly upon written receipt of the City's acceptance of this
ageement and to complete said Project in sufficient detail to allow the City to apply for the
aforementioned CDAP Construction Grant by the October 6, 1999, deadline.
Professional Services are to be rendered in the customary phases which, together with the general
understandings applicable to our relationship with you, are set forth in the printed General
Provisions, primarily Sections 1.1 (General), 1.2 (Study and Report Phase), 1.3 (Preliminary
Design Phase), and 1.4 (Final Design Phase) thereof, and as modified by the Scope of Work
(Attachment #1). Also made a part of this ageement are Attachments #1 and #2 which are
attached to and made a part of this proposal. Please note that Sections 1.5 (Bidding or
Negotiating Phase), 1.6 (Construction Phase), and 1.7 (Operational Phase) are not applicable to
the terms of this Agreement. The City's particular responsibilities are also set forth in the printed
General Provisions.
~n~au~R.srurz, ANC.
„ ENGINEERS SURVEPORS
`,
This proposal, the General Provisions consisting of nine (9) pages plus Exhibits A and B
consisting of three (3) pages and one (1) page respectively and Attachments #1 and #2 which
consist of four (4) pages and two (2) pages respectively thereto represent the entire understanding
between the City and Maurer-Stutz, Inc. in respect of the Project and may only be modified in
writing signed by both parties. If this proposal satisfactorily sets forth your understanding of this
Agreement, we would appreciate your executing each of the enclosed four (4) original copies of
this Agreement in the space provided below and returning two of the originals to us for our
records.
Thank you with the opportunity to provide you with Professional Services on this project. We
look forward to working with you on this and other future projects.
Sincerely,
MAURER-STUTZ, INC.
vi ., S.E., President
President
Accepted this ~ day of 1999
City of Canton
BY
Title /1~r¢--y o•y--
cc: file
Enclosure
S:MARKET'IN~PROPOSAL~230990221agmdtr.wpd
~n~au~R. srurz, ~n-c.
„ EAIGINEERS SUHVEPORS
GENERAL PROVISIONS
Attached to and made a part of LETTER AGREE-
MENT, dated .Tl]nP_ 4 , 19~ between
_ Ci t~ of Canton (OWNER)
and Maurer-Stutz, Inc. (ENGINEER)
in respect of the Project described therein.
SECTION I-BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall perform for OWNER profes-
sional engineering services in all phases of the Project
to which this Agreement applies as hereinafter pro-
vided.These services will include serving as OWNER'S
professional engineering representative for the Project,
providing professional engineering consultation and
advice and furnishing customary civil, structural,
mechanical and electrical engineering services and cus-
tomary architectural services incidental thereto.
1.2. Study and Report Phase.
After written authorization to proceed, ENGINEER
shall:
1.2.1. Consult with OWNER to clarify and define
OWNER'S requirements for the Project and review
available data.
1.2.2. Advise OWNER as to the necessity of OWN-
ER'S providing or obtaining from others data or ser-
vices ofthe types described in paragraph 3.2, and assist
OWNER in obtaining such data and services.
1.2.3. Identify and analyze requirements of govern-
mental authorities having jurisdiction to approve the
design of the Project and participate in consultations
with such authorities.
1.2.-t. Provide analyses of OWNER'S needs, planning
surveys, site evaluations and comparative studies of
prospective sites and solutions.
t.2.5. Provide a general economic analysis of OWN-
ER'S requirements applicable to various alternatives.
1.2.6. Prepare a Report containing schematic layouts,
sketches and conceptual design criteria with appropri-
ateexhibits toindicate clearly the considerations involved
(including applicable requirements of governmental
authorities having jurisdiction as aforesaid) and the
alternative solutions available to OWNER and setting
forth ENGINEER'S findings and recommendations. This
Report will be accompanied by ENGINEER'S opinion
of probable costs for the Project, including the following
which will be separately itemized: Construction Cost,
allowance for engineering costs and contingencies, and
(on the basis of information furnished by OWNER)
allowances for such other items as charges of all other
professionals and consultants, for the cost of land and
rights-of--way, forcompensation forordamages to prop-
erties, for interest and financing charges and for other
services to be provided by others for OWNER pursuant
to paragraph 3.2. The total of all such costs, allowances,
etc. are hereinafter called "Total Project Costs."
1.2.7. Furnish five copies of the Study and Report doc-
uments and review them in person with OWNER.
The duties and responsibilities of ENGINEER during
the Study and Report Phase are amended and supple-
mented as indicated in paragraph 2 of Exhibit A "Fur-
ther Descriptions of Basic Engineering Services and
Related Matters".
1.3. Preliminary Design Phase.
1
After written authorization to proceed with the Prelim-
inary Design Phase, ENGINEER shall: ~" ~ ~
1.3.1. In consultation with OWNER and on the basis
of the accepted Study and Report documents, deter-
mine the general scope, extent and character of the
Project.
1.3.2. Prepare Preliminary Design documents consist-
ing offinal design criteria, preliminary drawings. outline
specifications and written descriptions of the Project.
1.3.3. Advise OWNER if additional data or services
of the types described in the first subparagraph of para-
graph 3.2 are necessary and assist OWNER in obtaining
such data and services.
1.3.~i. Based on the information contained in the pre-
liminary design documents, submit a revised opinion
of probable Total Project Costs.
1.3.x. Furnish five copies of the above Preliminary
Design documents and present and review them in per-
son with OWNER.
The duties and responsibilities of ENGINEER during
the Preliminary Design Phase are amended and sup-
plemented as indicated in paragraph 3 of Exhibit A
"Further Description of Basic Engineering Services
and Related Matters".
~~
:~
1.4. Final Design Phase.
After written authorization to proceed with the Final
Design Phase, ENGINEER shall:
1.4.1. On the basis of the accepted Preliminary Design
documents and the revised opinion of probable Total
Project Costs, prepare for incorporation in the Contract
Documents final drawings to show the general scope,
extent and character of the work to be furnished and
performed by Contractor(s) (hereinafter called "Draw-
ings") and Specifications (which will be prepared in
conformance with the sixteen division format of the
Construction Specifications Institute).
1.4.2. Provide technical criteria, written descriptions
and design data for OWNER's use in filing applications
for permits with or obtaining approvals of such gov-
ernmental authorities as have jurisdiction to approve
the design of the Project, and assist OWNER in con-
sultations with appropriate authorities.
1.4.3. Advise OWNER of any adjustments to the latest
opinion of probable Total Project Costs caused by
changes in general scope, extent or character or design
requirements of the Project or Construction Costs. Fur-
nish to OWNER a revised opinion of probable Total
Project Costs based on the Drawings and Specifica-
tions.
1.4.4. Prepare for review and approval by OWNER,
its legal counsel and other advisors contract agreement
forms, general conditions and supplementary condi-
tions, and (where appropriate) bid forms, invitations to
bid and instructions to bidders (all of which shall be
consistent with the forms and pertinent guide sheets
prepared by the Engineers' Joint Contract Documents
Committee), and assist in the preparation of other related
documents.
1.4.5. Furnish five copies of the above documents and
of the Drawings and Specifications and present and
review them in person with OWNER.
The duties and responsibilities of ENGINEER during
the Final Design Phase are amended and supplemented
as indicated in paragraph 4 of Exhibit A "Further
Description of Basic Engineering Services and Related
iVlatters".
1.5. Biddi~~Negotiating
/~iritten author' on to proceed the Bidding
egotiating P e, ENGINES I:
9
I.5.1. Assist OWNER in adv sing for and obtaining
bids or negotiating prop for each separate prime
contract for constru ,materials, equipment and
services; and, w applicable, maintain a record of
prospective b' rs to whom Bidding Documents have
been iss ,attend pre-bid conferences an eive
and p ss deposits for Bidding Docume
Ir5.2. Issue addenda as appropnat interpret, clarify
or expand the Bidding Docum
1.5.3. Consult with advise OWNER as to the
acceptability of s ontractors, suppliers and other
persons and o izations proposed by the prime -
tractor(s) in called "Contractor(s)") forth por-
tions e work as to which such acce ility is
re d by the Bidding Documents.
1.5.4. Consult with OWNER c erning and deter-
minethe acceptability of subs ' e materials and eq '
ment proposed by Contra s) when substitutio or
to the award of cont s is allowed by th tdding
Documents.
1.5.5. Att the bid opening, pr a bid tabulation
sheets assist OWNER in uating bids or pro-
po and in assembling a warding contracts for
struction, materials, ipment and services.
The duties and r nsibilities of ENGIN during
the Bidding egotiating Phase ar ended and
suppleme as indicated in paragr ~ of Exhibit A
"Furth escription of Basic gineering Services
and aced Matters". ~I
1.6.
During th~nstruction Phase:
1. General Administ on of Construction -
act. ENGINEER Il consult with an vise
OWNER and act WNER's represent a as pro-
vided in Articl through 17, inclusive a Standard
General C ttions of the Constru n Contract, No.
1910-8 3 edition) of the E eers' Joint Contra
Do ents Committee. T xtent and limitati f
duties, responsib' ' sand authority NGI-
i EER as assigned' id Standard Gene onditions
shall not be m ed, except to [he e t provided in
paragraph xhibit A "Furthe scription of Bas
Engin g Services and Rel Matters" and t
as INFER may oche a agree in writ' .All of
NER's instructio Contractor(s) be issued
through ENGINE who will have a ority to act on
behalf of OtiVNER to extent provided in said Stan-
dard General Con ons except as other provided
in writing.
1.6.2. V' is to Site and Obser ~ ron of Constar • n.
Inc ection with observa ~ s of the work Con-
tr or(s) while it is in pr ess:
1.6.2.1. ENG ER shall make sits to the site
at intervals a opriate to the v us stages of c
struction a NGGNEER de necessary in er
to obse as an experie d and qualifie esign
profe onal the progre nd quality of various
as is of Contracto 'work. In ad on. ENGI-
ER shall prov' the services of esident Proj-
ect Represent a (and assista as agreed) at th
site to assis ~ GINEER an provide more c -
tinuous ervation of su work. Based on ' or-
matio tained during visits and on su obser-
vat' s, ENGINEE all endeavor to ermine in
eral if such wo s proceeding in a rdance with
the Contract D menu and ENG ER shall keep
OWNER i med of the progr of the work.
1.6 _. The Resident P ect Representative
an ssistants) will NGINEER's ag or
ployee and under GINEER's supervi ' n. The
duties and respo ilities of the Resi t Project
Representative d assistants) are set h in Exhibit
B "Duties esponsibilities a imitation of
Authorit Resident Project resentative".
._.3. The purpose NGINEER's visit o
representation b e Resident Project pre-
sentative (and assi ts, if any) at the site, 1 be to
enable ENGIN to better carry out t duties and
responsibili ' assigned to and ertaken~ b
ENGINE during the construc ' Phase, an
additio y exercise of ENGI ER's effort s an
exp nced and qualified de '„n profession , to pro-
v' for OWNER a great esree of co ence that
e completed work ontractor(s ill conform
generally to the C ract Docum sand that the
integrity of the sign concep s reflected in the
Contract Do ents has bee plemented and pre-
served b ontractor(s). the other hand. EN
NEE all not, Burin ch visits or as a re of
s bservations of ntractor(s)' work in press,
pervise, direct ave control over C ractor(s)'
work nor shall GINEER have au rity over or
responsibili or the means, met s, techniques,
sequence r procedures of con coon selected by
Contr or(s), for safety pr utions and program
inci t to the work of Co ctor(s) or for any fai e
0 ontractor(s) to co y with laws. rules, ula-
tions, ordinances, c s or orders applicable to Con-
tractor(s) furnis ing and performing their work.
Accordingly. INEER can n ' er guarantee the
performan f the construc ' contracts by Con-
tractor( or assume re nsibility for Cont. -
tor(s ' ailure to furnis nd perform their ~ in
a rdance with the ntract Documents
.6.3. Defectii~e rk. During such v' sand on the
basis of such servations, ENGI~ R may disap-
prove of o ject Contractor(s)' ork while it is in
progress ' ENGINEER belie that such work will
not p uce a completed P ect that conforms g -
er to the Contract Do ents or that it will u-
e the integrity of th esign concept of the oject
as reflected in the C ract Documents.
1.6.d. Interpr lions and Clarificati .ENGINEER
shall issue essary interpretatio and clarifications
of the C act Documents and i onnection therew'
prepa work directive than and change or as
~1.6.~. Shop Drawin '. ENGINEER 1 review and
approve (or take r appropriate ion in respect of)
Shop Drawin s that term is ned in the afores '
Standard G ral Condition samples and other to
which ractor(s) are uired to submit, only
for c ormance with design concept of Project
a ompliance wi e information giv in the Con-
ct Document uch reviews and a ovals or other
action shall extend to means, m ods, techniques,
sequence r procedures of co uction or to safety
preca ns and programs inc' nt thereto.
.6. Substitutes. EN i EER shall evaluat, d
determine the accept ity of substitute mat sand
equipment propos by Contractor(s), b ubject to
the provision o e second subparagra of paragraph
2.1.2.
1.6.7. spections and Tests.. GINEER shall ~ e
aut ity. as OWNER's re sentative, to re ~ spe-
' inspection or testing the work, ands receive
nd review all certi es of inspection estings and
approvals requir y laws, rules, r lations. ordi-
nances, codes ders or the Contr Documents (but
only to det me generally that it content co s
with the quirements of, and e results certi Indi-
cate pliance with, the ntract Docum s).
. .8. Disputes ben ~ n OWNER d Contractor.
ENGINEER sh ct as initial erpreter of t
requirements o e Contract D menu and j of
the accepta y of the work reunder and a deci-
sions on claims of OW Rand Contr or(s) relat-
ing to e acceptability o the work or t interpretation
10
of the requi ents of the ontract Doc menu per- interests or enc brances
or t t there may no e
taining t e executio nd progres f the work.
ENGIr R shall no e liable for re
lt
f ,
other matte tissue betty OWNER an on-
su
s o
any
' tractor t might affect t amount that uld be
such
erpretation decisions r ered in good fai paid.
. .9. Applic ons for P lent. Based on NGI-
' 1 • .Contractor( Canpletion D uments• ENGI-
NEER
S o ite observ ns as an erper' ced and
' ER shall recei and review m ' tenance and oper-
qualified sign profe nal, on informa
n provided acing instructi ,schedules, rantees, bonds and
by the silent Pr ' t Representativ nd on revie certificates spection, tes nd approvals which are
- ofa ications fo ayment and the ompanying to be ass led by Contr or(s) in accordanc ith
a schedules: the Co act Document ut such review wil ly be
to rmine that th content complie ith the
1.6. .ENGINEER I determine amounts r ~rements of, an the case ofcertific s ofinspec-
owi to Contractor( nd recomm in writing on, tests and a ovals the results tified indicate
p ents to Contr or(s) in suc mounts. Such compliance wi ,the Contract Do ents); and shall
commendation payment w' constitute a r transmit the o O~VNER with tten comments.
resentation to NER, base such observ ns
and review, t the work h rogressed tot oint 1.6. ] 1 nspections. EN EER shall cond an
indicated, d that, to best of EN EER's ins lion to determine the work is sub ntially
knowle informatio and belief, t quality of plete and a final in coon to determin the com-
such rk is genera in accordanc ith the Con- leted work is ac able so that EN EER may
tr Documents bject to an a uation of such recommend, in ing, final paymen Contractor(s)
rk as a func ning whole pr' to or upon S and may give 'tten notice to 0 ER and the Con-
stantial Com tion, to the re s of any subse nt tractor(s) the work is acc able (subject to any
tests calle r in the Contr Documents an any conditi therein expresse ,but any such rec -
other ifications slat rn the recomm ation). men ion and notice wil subject to the limi ons
In t case of unit p ' work, ENGI R's rec- e, essed in paragrap .6.9._.
;~ o endations of , ment will incl final deter-
rnations of qu hies and class' ations of such 1.6.1?. Limitati f Respoirsibilities. INEER shall
work (subject t ny subsequent ustments allow not be resp i le for the acts o missions of any
by the Contr t Documents). Contract r of any subcontra r or supplier, or any
of the ntractor(s)' or sub tractor's or sup is
1.6.9 By recomm ing any pay ENGI- age or employees or y other person xcept
NE will not ther be deemed ave repre- GINEER's own oyees and agent t the site
se d that exhaus ' , continuous o etailed reviews or otherwise furni g or performing a of the Con-
examinations ve been mad ENGINEER t tractor(s)' wor owever, nothing c ained in para-
check the qu y or quantity ontractor(s)' graphs ].6. ru 1.6.1 I, inclusiv all be construed
as it is fur ed and perfo d beyond the r on- to releas ~ GINEER from li qty for failure to p-
sibilities ecifically assi d to ENGINE in this erly orm duties and r onsibilities ass ed by
Afire nt and the tract Docum ENGI- E~ NEER in the Con ct Documents.
N 's review of ntractor(s)' w for the pur-
es of recomm ding payments not impose on I,7, Operation ase
NGINEER ponsibility to ervise, direct .
control suc ork or for the ans, methods, -
niques, s ences, or pro ures of constru on or Durins rational Phase, GINEER II. when
~
safety ecautions or grams incident reto or reque
d by OWNER:
Co ctor(s) comp ' ce with laws, es. regula-
'
t
s, ordinances des or orders a cable to their • 1. Provide assi nce in the cl g of any fin al
rnishing and rforming thew . It will also not or related trans on for the P ect.
impose res sibility on EN EER to make a
examina ' to ascertain h or for what purp es 1.7.?. Pr de assistanc connection th the refin-
any C ractor has used moneys paid on ount ing an justing ofa equipment ystem.
of Contract Pric r to determine t title to
`r.-~ of the work, erials or equipme as passed .3. Assist 0 ER in tra' g OWNS staff to
to OWNER fre d clearofany lien, ems, security
11 Aerate and intain the Pr ect.
1.7`.4. Assist NER in develo g systems and
cedures fo ontrol of the op ion and mainte ce
of and rd keeping for Project.
1 Prepare a s reproducible r rd prints of
ravings showi ose changes m during the con-
struction proc , based on the ed-up prints, dr
ings and of data Furnished ontractor(s) to I-
NEER which ENGI R considers si cant.
1 J~ In company OWNER, vi ' e Project to
serve any ap ent defects in completed co
struction, ass' OWNER in co tations and di
signs with ntractor(s) co ing correctio such
deficie s, and maker mendations a replace-
me correction o ective work.
The duties an ponsibilities of GINEER du '
the Operati Phase are am d and supple ed
as Indic in paragraph of Exhibit A rther
Desc ' ton of Basic En ' eying Services Related
ers".
SECTION 2-ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and customary engineering services do not
include service in respect of the following categories
of work which are usually referred to as Additional
Services.
2.1.1. If OWNER wishes ENGINEER to perform
any of the following Additional Services, OWNER
shall so instruct ENGINEER in writing, and ENGI-
NEER shall perform or obtain from others such ser-
vices and will be paid therefor as provided in the
Letter Agreement:
-Preparation of applications and supporting docu-
ments for governmental financial support of the
Project in addition to those required under Basic
Services: preparation or review of environmental
studies and related services; and assistance in
obtaining environmental approvals.
-Services to make measured drawings oforto inves-
tigate existing conditions or facilities.
-Services resulting from significant changes in the
general scope, extent or character of the Project
or major changes in documentation previously
accepted by OWNER where changes are due to
causes beyond ENGINEER'S control.
-Providins renderings or models.
-Preparing documents for alternate bids requested
by OWNER t'or work which is not executed or for
out-of-sequence work.
-Detailed consideration of operations, maintenance
and overhead expenses; value engineering and the
preparation of rate schedules, earnings and expense ~''~
statements, cash flow and economic evaluations,
feasibility studies, appraisals and valuations.
-Furnishing the services of independent profes-
sional associates or consultants for other than Basic
Services.
-If ENGINEER's compensation for Basic Services
is not on the basis of Direct Labor or Salary Costs,
services resulting from the award of more than one
prime contract for construction, materials, equip-
ment or services for the Project, or from the con-
struction contract containing cost plus or incen-
tive-savings provisions for Contractor's basic
compensation, or from arranging for performance
by persons other than the principal prime contrac-
tors or from administering OWNER's contracts
for such services.
-Services in connection with field surveys for design
purposes and engineering surveys and staking out
the work of Contractor(s).
-Services during out-of--town travel other than visits
to the site.
-Preparation of operating and maintenance manuals
to supplement Basic Services under paragraph 1.7.3.
-Preparing to serve or serving as a consultant or ~ .-,
witness in any litigation, arbitration or other legal
or administrative proceeding except where required
as part of Basic Services.
2. l.?. When required by the Contract Documents in
circumstances beyond ENGINEER'S control,
ENGINEER shall perform or obtain from others any
of the following Additional Services as circumstances
require during construction and without waiting for
specific instructions from OWNER, and ENGI-
NEERwill be paid therefor as provided in the Letter
Agreement:
-Services in connection with work directive changes
and change orders to reflect the changes requested
by OWNER if the resulting change in compensa-
tion for Basic Services is not commensurate with
the additional services rendered.
-Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitutions proposed by Contractor(s); services
after the award of each contract in evaluating and
determining the acceptability of an unreasonable
or excessive number of substitutions proposed by
Contractor; and evaluating an unreasonable or
extensive number of claims submitted by Con-
tractor(s) or others in connection with the work.
-Services resulting from significant delays, changes
or price increases occurring as a direct or indirect
12
result of material, equipment or energy shortages.
_ ~ -Additional or extended services during construc-
tion made necessary by (I) work damage by fire
or other causes during construction, (2) a signifi-
cant amount of defective or neglected work of any
Contractor, (3) acceleration of the progress sched-
ule involving services beyond normal working
hours, (4) default by any Contractor.
SECTION;-OWNER'S RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full infor-
mation as to OWNER's requirements for the Project;
designate a person to act with authority on OWNER's
behalf in respect of all aspects of the Project; examine
and respond promptly to ENGINEER'S submissions;
and live prompt written notice to ENGINEER when-
ever~OWNER observes or otherwise becomes aware
of any defect in the work.
3.2. OWNER shall also do the following and pay all
costs incident thereto:
-Furnish to ENGINEER borings, probings and sub-
surface explorations, hydrographic surveys, labo-
ratory tests and inspections of samples, materials
and equipment; appropriate professional interpre-
tations of all of the foregoing; environmental assess-
ment and impact statements; property, boundary,
easement, right-of-way, topographic and utility sur-
veys;property descriptions; zoning and deed restric-
tions; all of which ENGINEER may rely upon in
performing services hereunder.
-Guarantee access to and make all provisions for
ENGINEER to enter upon public and private prop-
erty.
-Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be required for the Project, any auditing service
required in respect of Contractor(s)' applications for
payment, and any inspection services to determine
if Contractor(s) are performing the work legally.
-Provide engineering surveys to establish reference
points for construction.
-Furnish approvals and permits from all governmental
authorities having jurisdiction over the Project.
-If more than one prime contractor is to be awarded
for construction, designate a party to have respon-
sibility and authority for coordinating the activities
of the various prime contractors.
3.3. OWNER shall pay all costs incident to obtaining
bids or proposals from Contractor(s).
SECTION 4-MEANING OF TERiV1S
d.l. As used herein the term "this Agreement" refers
to the Letter Agreement to which these General Pro-
visions are attached and to these General Provisions,
Exhibit A "Further Description of Basic Engineering
Services and Related Matters" and Exhibit B "Duties,
Responsibilities and Limitations of Authority of Resi-
dent Project Representative", as if they were part of
one and the same document.
4.2. The construction cost of the entire Project (herein
referred to as "Construction Cost") means the total
cost to OWNER of those portions of the entire Project
designed and specified by ENGINEER, but it will not
include ENGINEER'S compensation and expenses, the
cost of land, rights-of--way, or compensation for or dam-
ages to, properties unless this Agreement so specifies,
nor will it include OWNER'S legal, accounting, insur-
ance counseling or auditing services, or interest and
financing charges incurred in connection with the Proj-
ect orthe cost of other services to be provided by others
to OWNER pursuant to paragraph 3.2. [Construction
Cost is one of the items comprising Total Project Costs
which is defined in paragraph 1.2.6.]
4.3. Direct Labor Costs used as a basis for payment
mean salaries and wages (basic and incentive) paid to
all ENGINEER'S personnel engaged directly on the
Project, including, but not limited to, engineers, archi-
tects, surveyors, designers, draftsmen, specification
writers, estimators, other technical and business per-
sonnel; but does not include indirect payroll related
costs or fringe benefits. For the purposes of this Agree-
ment the principals of ENGINEER and their current
hourly Direct Labor Costs are:
The hourly Direct Labor Costs of principals of ENGI-
NEER will be adjusted equitably to reflect chanses in
personnel and in ENGINEER'S overall compensation
procedures and practices.
4.4. The Salary Costs used as a basis for payment mean
salaries and wages (basic and incentive) paid to all
ENGINEER'S personnel engaged directly on the Proj-
ect, including, but not limited to, engineers, architects,
surveyors, designers, draftsmen, specification writers,
estimators, other technical and business personnel; plus
the cost of customary and statutory benefits including,
but not limited to, social security contributions, unem-
13
ployment, excise and payroll taxes, workers' compen-
sation, health and retirement benefits, sick leave, vaca-
tion and holiday pay and other group benefits. Fur the
purposes of this Agreement, the principals of ENGI-
NEER and their current hourly Salary Costs are:
not applicable -see attached
The hourly Salary Costs of principals of ENGINEER
will be adjusted equitably to reflect changes in person-
nel and in ENGINEER'S overall compensation pro-
cedures and practices.
4.~. Reimbursable Expenses mean the actual expenses
incurred by ENGINEER or ENGINEER'S indepen-
dent professional associates or consultants directly or
indirectly in connection with the Project, such as
expenses for: transportation and subsistence incidental
thereto; obtaining bids or proposals from Contractor(s);
providing and maintaining field office facilities including
furnishings and utilities: subsistence and transportation
of Resident Project Representatives and their assis-
tants; toll telephone calls and telegrams: reproduction
of reports, Drawings. Specifications. Bidding Docu-
ments and similar Project-related items in addition to
those required under Section 1; and if authorized in
advance by OWNER, overtime work requiring higher
than regular rates. In addition, when compensation for
Basic Services is on the basis of cost plus a fixed fee,
Direct Labor Costs or Payroll Costs method of pay-
ment, if authorized in advance by OWNER. Reim-
bursable Expenses will also include expenses incurred
for computer time and other highly specialized equip-
ment, including an appropriate charge for previously
established programs and expenses of photographic
production techniques times a factor of
not applicable -see attached
SECTION ~-MISCELLANEOUS
~.1. Reuse of Documents.
All documents including Drawings and Specifications
prepared or furnished by ENGINEER (and ENGI-
NEER's independent professional associates and con-
sultants) pursuant to this Agreement are instruments
of service in respect of the Project and ENGINEER
shall retain an ownership and property interest therein
whether or not the Project is completed. OWNER may
make and retain copies for information and reference
in connection with the use and occupancy of the Project
by OWNER and others: however, such documents are
not intended or represented to be suitable for reuse by
OWNER or others on extensions of the Project or on
any other project. Any reuse without written verifica-
tion or adaptation by ENGINEER for the specific pur-
poseintended will be at O~VNER's sole risk and without
liability or legal exposure to ENGINEER, or to ENGI-
NEER'S independent professional associates or con-
sultants, and OWNER shall indemnify and hold harm-
less ENGINEER and ENGINEER'S independent
professional associates and consultants from all claims,
damages, losses and expenses including attorneys' fees
arising out of or resulting therefrom. Any such verifi-
cation oradaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER
and ENGINEER.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost oflabor,
materials, equipment or services furnished by others,
or over the Contractor(s)' methods of determining prices,
or over competitive bidding or market conditions,
ENGINEER'S opinions of probable Total Project Costs
and Construction Cost provided for herein are to be
made on the basis of ENGINEER'S experience and
qualifications and represent ENGINEER'S best judg-
ment as an experienced and qualified professional engi-
neer, familiar with the construction industry; but
ENGINEER cannot and does not guarantee that pro-
posals, bids or actual Total Project or Construction
Costs will not vary from opinions of probable cost
prepared by ENGINEER. If prior to the Bidding or
Negotiating Phase OWNER wishes greater assurance
as to Total Project or Construction Costs. OWNER
.shall employ an independent cost estimator as provided
in paragraph 3.?. ENGINEER'S services to modify the
Contract Documents to bring the Construction Cost
within any limitation established by OWNER will be
considered Additional Services and paid for as such by
OWNER.
~.3. Other Provisions Concerning Payments.
If OWNER fails to make any payment due ENGINEER
for services and expenses within thirty days after receipt
of ENGINEER'S statement therefor, the amounts due
ENGINEER will be increased at the rate of l~'o per
month from said thirtieth day, and in addition, ENGI-
NEER may, after giving seven days' written notice to
OWNER, suspend services under this Agreement until
ENGINEER has been paid in full all amounts due for
services, expenses and charges.
5.4. Termination.
The obligation to provide further services under this
Agreement may be terminated by either party upon
14
~`
~d
~3
.~
. ~
;.
seven days' written notice in the event of substantial
failure by the other party to perform in accordance with
the terms hereof throueh no fault of the terminating
party. In the event of any termination, ENGINEER
will be paid for all services rendered to the date of
termination, all Reimbursable Expenses and termina-
tion expenses.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby bound
and the partners, successors, executors, administrators
and legal representatives ofOWNER and ENGINEER
(and to the extent permitted by paragraph 5.6.2 the
assigns of OWNER and ENGINEER) are hereby bound
to the other party to this Agreement and to the partners,
successors, executors, administrators and legal repre-
sentatives (and said assigns) of such other party, in
respect of all covenants, agreements and obligations of
this Agreement.
5.6.2. Neither OWNER nor ENGINEER shall assign,
sublet or transfer any rights under or interest in (includ-
ing, but without limitation, moneys that may become
due or moneys that are due) this Agreement without
the written consent of the other, except to the extent
that any assignment, subletting or transfer is mandated
by law or the effect of this limitation may be restricted
by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will
release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing con-
tained inthis paragraph shall prevent ENGINEER from
employing such independent professional associates
and consultants as ENGINEER may deem appropriate
to assist in the performance of services hereunder.
5.6.3. Nothing under this Agreement shall be con-
strued to give any rights or benefits in this Agreement
to anyone other than OWNER and ENGINEER, and
all duties and responsibilities undertaken pursuant to
this Agreement will be for the sole and exclusive benefit
of OWNER and ENGINEER and not for the benefit
of any other party.
5.7. Arbitration.
5.7.1. All claims, counterclaims, disputes and other
matters in question between the parties hereto arising
out of or relating to this Agreement or the breach thereof
will be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the Amer-
ican Arbitration Association then obtaining, subject to
the limitations and restrictions stated in paragraphs
5.7.3 and 5.7.4 below. This agreement so to arbitrate
and any other agreement or consent to arbitrate entered
into in accordance herewith as provided in this para-
graph 5.7 will be specifically enforceable under the
prevailing lata~ of any court having jurisdiction.
5.7.2. Notice of demand for arbitration must be filed
in writing with the other parties to this Agreement and
with the American Arbitration Association. The demand
must be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no
event may the demand for arbitration be made after the
date when institution of legal or equitable proceedings
based on such claim, dispute or other matter in question
would be barred by the applicable statute of limitations.
5.7.3. All demands for arbitration and all answering
statements thereto which include any monetary claim
must contain a statement that the total sum or value in
controversy as alleged by the party making such demand
or answering statement is not more than 5200,000
(exclusive of interest and costs); and the arbitrators will
not have jurisdiction, power or authority to render a
monetary award in response thereto against any party
which totals more than 5200,000 (exclusive of interest
and costs). The arbitrators will not have jurisdiction,
power or authority to consider, or make findings (except
in denial of their own jurisdiction) concerning any claim,
counterclaim, dispute orother matter in question where
the amount in controversy of any such claim, counter-
claim, dispute or matter is more than 5200.000 (exclu-
sive of interest and costs).
5.7.4. No arbitration arising out of, or relating to, this
Agreement may include, by consolidation, joinder or
in any other manner, any person or entity who is not a
party to this Agreement.
5.7.5. By written consent signed by all the parties to
this Agreement and containing a specific reference hereto,
the limitations and restrictions contained in paragraphs
5.7.3 and 5.7.4 may be waived in whole or in part as to
any claim, counterclaim, dispute or other matter spe-
cificallydescribed in such consent. No consent to arbi-
tration in respect of a specifically described claim,
counterclaim, dispute or other matter in question will
constitute consent to arbitrate any other claim, coun-
terclaim, dispute or other matter in question which is
not specifically described in such consent or in which
the sum or value in controversy exceeds 5200,000
(exclusive of interest and costs) or which is with any
party not specifically described therein.
15
5.7.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court
having jursidiction thereof, and will not be subject to
modification or appeal except to the extent permitted
by Sections 10 and I 1 of the Federal Arbitration Act (9
U.S.C. §§10, 11).
EXHIBITS A AND B ARE HEREBY AZTA(.~IED AND MADE A PART OF THIS AGRFII~II~T
[The remainder of this page was left blank intentionally.]
f'~
f
16
EXHI}3IT A
APPENDIX 3-1-8
This is EXHIBITA., consisting of 3 pages,
to the Agreement Between OWNER and
ENGINEER for Professional Services
dated June 4 , 19 99
Initial:
OWNER:
ENGINEER:
Special Provisions
' the Agreement is amended and supplemented to include the following
paragraphs as required by the Owner's funding agency:
'TITLE VI OF THE CIVIL RIGHTS ACT OF 1964"
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race,
color, creed, religion, sex, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
"SECTION 109 OF TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974"
No person in the United States shall on the grounds of race, color, creed, religion, sex,
or national origin be excluded from participation in, be denied benefits or, or be
subjected to discrimination under any program or activity funded in whole or in part with
funds made available under this title.
"SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND
BUSINESS OPPORTUNITIES"
1. The work to be performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employ-
ment and other economic opportunities generated by HUD assistance or
HUD-assisted projects covered by Section 3, shall, to the greatest extent feasi-
ble, be directed to low-and moderate persons, particularly persons who are
recipients of HUD assistance for housing.
2. The parties to this contract agree to comply with HUD's regulations in 24 CFR
part 135, which implement Section 3. The parties to this contract will certify that
they are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
3-1-19
3. The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or
other understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
4. The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or
in this Section 3 clause, upon a finding that the subcontractor is in violation of
the regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcon-
tractor has been found in violation of the regulations in 24 CFR part 135.
5. The contractor will certify that any vacant employment positions, including train-
ing positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those of whom the regula-
tions of 24 CFR part 135 require employment opportunities to be directed, were
not filled to circumvent the contractor's obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in termi-
nation of this contract for default or suspension from future HUD assisted
contracts.
7. With respect to work performed in connection with Section 3 covered Indian
housing assistance, Section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
this contract. Section 7(b) requires that to the greatest extent feasible (i) prefer-
ence and opportunities for training and employment shall be given to Indians,
and (ii) preference in the award of contracts and subcontracts shall be given to
Indian organizations and Indian-owned Economic Enterprises. Parties to this
contract that are subject to the provisions of Section 3 and Section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of
compliance with Section 7(b).
"INTEREST OF MEMBERS OF A UNIT LOCAL GOVERNMENT"
No member of the governing body of the Unit of Local Government and no other
officer, employee, or agent of the Unit of Local Government who exercises any
functions or responsibilities in connection with the planning or carrying out of the
project, shall have any personal financial interest, direct or indirect, in this contract; and
the Consultant shall take appropriate steps to assure compliance.
3-1-20
"INTEREST OF OTHER PUBLIC OFFICIALS"
No member of the governing body of the locality and no other public official of such
locality ,who exercises any functions or responsibilities in connection with the planning
or carrying out of the project, • shall have any personal financial interest, direct or
indirect, in this contract; and the Consultant shall take appropriate steps to assure
compliance.
"INTEREST OF CONSULTANT AND EMPLOYEES"
The Consultant covenants that he/she presently has no interest and shall not acquire
interest, direct or indirect, in the study area or any parcels therein or any other interest
which would conflict in any manner or degree with the performance of his/her services
hereunder. The Consultant further covenants that in the performance of this contract,
no person having such interest shall be employed.
"AUDITS AND INSPECTIONS"
The Unit of Local Government, DCCA and HUD or their delegates shall have the right
to review and monitor the financial and other components of the work and services
provided and undertaken as part of the CDAP project and this contract, by whatever
legal and reasonable means are deemed expedient by the Unit of Local Government,
DCCA and HUD.
3-1-21
EXHIBIT B
The preceding EJCDC Standard General Provisions shall be supplemented with the following
provision(s) which shall be made a part of the original agreement and shall, in case of conflict,
govern:
L1_1y~TTATION OF DESIGN PROFESSTONAT_.' S T.IARTf ..TTY
OWNER HEREBY AGREES THAT TO THE FULLEST EXTENT PERMITTED BYLAW
DESIGN PROFESSIONAL' S TOTAL LIABILITY TO OWNER FOR ANY AND ALL
INJURIES, CLAIMS, LOSSES, EXPENSES OR DAMAGES WHATSOEVER ARISING OUT
OF OR IN ANY WAY RELATED TO THE PROJECT OR THIS AGREEMENT FROM ANY
CAUSE OR CAUSES INCLUDING BUT NOT LMTED TO DESIGN PROFESSIONAL'S
NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY SHALL NOT EXCEED THE TOTAL COMPENSATION
RECEIVED BY DESIGN PROFESSIONAL UNDER THE TERMS OF THIS AGREEMENT.
Severabililty and Reformation Clause
Any provision or part thereof of this agreement held to be void or unenforceable under any law
shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
the parties. The parties agree that this agreement shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision which comes as close as possible
to expressing the intention of the stricken provision.
S:uvIARKETIIV~PROPOSAL~23099022Uiability.wpd
ATTACHMENT #1
SCOPE OF WORK
Both parties hereto agree that the following constitutes project goals, objectives, parameters, and
constraints or limitations and establish hereby a periodic review procedure by which the parties
can mutually evaluate progress and compliance in meeting these criteria:
The City of Canton (hereinafter referred to as the "Client") and Maurer-Stutz, Inc. (hereinafter
referred to as the "Engineer") hereby agree that the scope, character and content of the project
shall include the work outlined herein for the preparation of Contract Documents (i.e. Plans and
Specifications) for the City of Canton's Potable Water Transmission Main (hereinafter referred to
as the "Project"). The Project will consist of three primary phases as follows and as detailed
below:
The purpose of this phase of the project is to gather, review and analyze all pertinent data and
information related to the project. Specific tasks are outlined and summarized in greater detail in
the attached Detailed Scope of Work (Attachment #la). Maurer-Stutz, Inc.'s general
responsibilities under this phase of the project include the following:
a. Gather existing data (maps, previous studies, water use data, etc.) from the City
and other parties (i.e. population data, utility locations, etc.)
b. Conduct a field topographic survey, sufficient in detail from which to prepare Plans
and Specifications for the Project. The assumed alignment for the proposed water
main (and, hence, the topographical survey) will parallel the alignment of the
existing main to be replaced. It is important to note that it is assumed that the new
water main will be located primarily within the existing limits of right-of-way
along Chestnut Street and that the requirements for easements and easement plats
will be limited to the portion of the alignment that deviates from Chestnut along
Boat Dock Road, nearest the Water Treatment Plant.
c. Perform a cursory review of soil maps to determine the general character of the
soils in the area. It is anticipated that no soil borings will be required; therefore, no
costs are included in this proposal for soil borings. If it is determined at a later
date that soil borings are in fact necessary for the proper completion of the Project,
the Client understands that it will impact the overall cost of the Contract.
Page 1 of 4
The City's responsibilities under this phase include providing Maurer-Stutz, Inc. with all
necessary information in a timely fashion to assist in the completion of this phase of the Project.
Also, the City agrees to facilitate access to all properties for the purposes of field visits, site and
topographic surveys, etc.
Preliminary Engineering/ oncep gal Desi ng Phase
The primary purpose of this phase of the Project is to (1) perform hydraulic modeling on the
City's existing water distribution system to assist in the design of the Project; (2) generate a
preliminary set of Contract Documents for the Project; and (3) evaluate the various permitting
requirements expected to impact the Project. Specific tasks are outlined and summarized in
greater detail in the attached Detailed Scope of Work. Maurer-Stutz, Inc.'s general
responsibilities under this phase of the project include the following:
a. Review water use records, population and growth trends, treatment plant
operations, etc. in order to estimate and project future water use/demand.
b. Perform a level of hydraulic modeling of the City's existing water distribution
system in sufficient detail and scope to size the new finished water main from the
Water Treatment Plant to the City.
c. Prepare apreliminary/conceptual design for the proposed water transmission main
based off of field topographic information (estimated to consist of approximately
10 sheets of plan and profile drawings at an assumed 1" = 50' horizontal scale).
d. Make a preliminary assessment of the requirements for easements along the
preferred horizontal alignment.
Make a preliminary assessment of the requirements for permitting along the
preferred horizontal alignment.
f. Prepare apreliminary/conceptual design for details associated with the proposed
water transmission main (estimated to consist of approximately 5 sheets of plan
and profile drawings).
g. Prepare for the City's use a preliminary Opinion of Probable Construction Cost
and an Opinion of Probable Project Cost.
Page 2 of 4
It is important to note that the scope does not include provisions for the following:
studies of additional horizontal alignments for the proposed water transmission
main
constructing an AutoCad drawing of the City's existing water distribution system
The City's responsibilities under this phase include providing Maurer-Stutz, Inc. with all
necessary information in a timely fashion to assist in the completion of this phase of the Project.
Also, the City agrees to perform any required fire flow tests (Maurer-Stutz, Inc. can provide the
required equipment and be present for one or two of the tests) necessary for the modeling phase
of the project.
The primary purpose of this phase of the Project is to (1) generate a final set of Contract
Documents (i.e. Plans and Specifications) for the Project appropriate for soliciting firm bids from
General Contractors; (2) prepare necessary easement plats; (3) prepare the various permitting
applications required for Project approval(s) and coordinate with permitting agencies as required;
and (4) finalize construction and project cost estimates. Specific tasks are outlined and
summarized in greater detail in the attached Detailed Scope of Work. Maurer-Stutz, Inc.'s
general responsibilities under this phase of the Project include the following:
1. Prepare a final set of Contract Documents (i.e. Plans and Specifications) sufficient
in scope and detail for bidding. Note that the estimate of time associated with this
task does not include provisions for subsequent modifications to the Contract
Documents required by supplemental funding sources such as IEPA and Rural
Development.
2. Prepare easement plats (i.e. temporary and permanent easements required to
construct the proposed water transmission main). Note that the estimate of time
associated with this task implicitly assumes that the horizontal alignment for the
new water transmission main will be within the limits of existing right-of-way
along Chestnut, and that easement plat preparation will be limited to those areas
along Boat Dock Road and eastward towards the Plant.
Prepare permit applications and coordinate as required (see assumptions in detailed
Scope of Work)with Agencies requiring permits and/or signoffs for project
approval. Note that the estimate of cost associated with this item does not include
any permitting fees that must be paid by the Owner of the Project.
4. Finalize the Opinion of Probable Construction Cost and the Opinion of Probable
Project Cost for the project.
Page 3 of 4
The City's responsibilities under this phase include providing Maurer-Stutz, Inc. with all
necessary information in a timely fashion to assist in the completion of this phase of the Project.
The City agrees to perform any negotiations required to obtain temporary and permanent
easements for the alignment of the proposed water transmission main and pay any and all costs
associated with obtaining said easements. Also, the City agrees to pay any and all application fees
associated with permits and/or signoffs required by permitting Agencies.
S:Vv1ARKETIN~PROPOSAL~23099022~attach l.wpd
Page 4 of 4
CITY OF CANTON
Proposed Potable Water Transmission Main
MSI Proposal #: 230-99022
Date: May 13, 1999
Filename: S:\Marketing\Proposal\23099022\manhour.wb3
TASK ITEM
PHASE I ENGINEERING SERVICES
Preliminary Planning/Data Gathering
1. Gather and review available existing info. from City (kic
a. existing (as-built) water maps for the area and areas
b. topographical maps
c. previous plans and engineering studies
d. site visit with WTP personnel
2. Gather and review existing info. available from other pa
a. City of Canton (growth and annexation issues)
b. Fulton County
c. population/land use data (WIRC)
d. info. regarding growth trends in the area
e. existing utility info.
1) Natural gas
2) Buried and aerial electric
3) Telephone
4) Fiberoptic
5) Water and Sewer
3. Topographical Survey
a. Courthouse Research
b. Recon. for property monuments
c. Establish horiz. and vert. control & locate property moni
d. Field Topographical Survey
e. Downloading, printouts, review data for errors
4. Soil/Bedrock Characterization
a. Review soil maps
Total Estimated Task Manhours
otals
0
0
~ 350
350
525
500
0
0
225
225
225
225
0
225
225
225
225
0
0
1200
2660
9110
1272
0
0
350
0
Total Estimated Task Cost $19 902
CITY OF CANTON
Proposed Potable Water Transmission Main
MSI Proposal #: 230-99022
Date: May 13, 1999
Filename: S:\Marketing\Proposal\23099022\manhour.wb3
TASK ITEM
PHASE I ENGINEERING SERVICES (cont'd)
Preliminary Engineering/Conceptual Design
1. Delineate Existing and Potential Future Service Areas
a. Existing Service Area delineation
b. Future Service Area delineation
totals
0
609
0
0
572
572
2. Determination of Basis of Design
a. examine water use data/per capita use
b. examine water treatment plant data (pumpage rates, pr
c. determine estimated min., avg., and peak demand cony
d. verify existing distribution system components
e. estimate design flows
f. assess impact of future demand on existing facilities
1) Distribution system
2) Treatment Plant
3) Storage facilities
g. evaluate alternative materials of construction for main
3. Hydraulic Modeling for Preferred Alignment
a. construct hydraulic model
b. fire flow tests (assumes 10 tests throughout city)
c. calibrate hydraulic model for "existing" conditions
d. perform and analyze detailed model runs:
1) Average Day Demand
2) Maximum Day Demand
3) Peak Hour Demand
4) Maximum Storage Replenishment Demand
5) Maximum Day Plus Fire Flow Demand
e. determination of water transmission main's diameter
572
0
794
794
794
747
0
0
2224
1612
0
603
603
603
603
550
700
t
CITY OF CANTON
Proposed Potable Water Transmission Main
MSI Proposal #: 230-99022
Date: May 13, 1999
Filename: S:\Marketing\Proposal\23099022\manhour.wb3
TASK ITEM lals
0
4. Prepare Preliminary Plan and Profile Sheets 0
a. initial data preparation from topo survey (Basemap) 3667
b. plot out rough topo sheets (approx. 10 sheets) 343
c. establish the preferred horizontal alignment 3114
d. AutoCadd manipulation of horizontal and vertical alignmE 2870
e. Plot preliminary topo sheets (approx. 10 sheets) 368
f. Determine extent of land acquisition and easements requ 1560
g. Evaluate Permitting/Signoff Requirements 0
1) IEPA Permits 0
a. Public Water Supplies Permit 225
b. Stormwater Pollution Prevention Plan 225
2) Triplicate Permit 0
a. USACOE Permit 225
b. IDNR Permit 225
c. IEPA DWPC Permit 225
3) SHPO Signoff 225
4) County permits 225
h. Prepare preliminary construction cost estimates 900
0
5. Preliminary preparation of design details
~ 0
a. trenching/backfilling/surface restoration details 562
b. valve vaults, special structures 1972
c. thrust restraint/blocking details 281
d. interconnection details at WTP and dist. system 1548
e. special valuing details (air release, vacuum, etc.) 812
f. std. valuing details (gate valves, etc.) 562
0
6. Prepare Preliminary Design Summary Memorandum for City 306
0
7. Attend Coordination Meeting with City to discuss PreliminarL 500
0
Total Estimated Task Manhours
Total Estimated Task Cost $36 145
i "• t
CITY OF CANTON
Proposed Potable Water Transmission Main
MSI Proposal #: 230-99022
Date: May 13, 1999
Filename: S:\Marketing\Proposal\23099022\manhour.wb3
TASK ITEM
otals
PHASE I ENGINEERING SERVICES (cont'd)
Final Engineering Design/Plan Preparation
1. Preparation and review of Final Contract Documents 0
a. Final Plan Preparation 0
1) Cover Sheet 0
2) General Notes, Legend, Abbreviations 409
3) Overview Sheet 1518
4) Plan and profile (approx. 10 sheets at 50 scale) 843
5) Standard Details (5 sheets) 10160
b. Specifications 4220
1) Front End Specifications (CDAP/Rural Developemnt) 0
2) Technical Specifications 1988
3) Special Provisions 5376
c. Preparation of easement plats 3376
d. Provide City with Ten (10) sets of Contract Documents 5172
1500
2. Finalize Construction Cost Estimates 0
900
3. Preparation of Permit Applications/Signoff Packages 0
a. IEPA Permit Application 0
1) Public Water Supply Permit 0
2) Stormwater Pollution Prevention Plan 562
b. Triplicate Permit 2224
1) USACOE Permit 0
2) IDNR Permit 562
3) IEPA DWPC Permit 350
c. SHPO Signoff 350
d. Coordination with agencies during review 456
1000
Total Estimated Task Manhours
Total Estimated Task Cost $40 966
9 0 3
~.
ATTACHMENT #2
PAYMENT SCHEDULE
Payment for Professional Services to be rendered under the terms of this contract is based upon
Maurer-Stutz, Inc.'s Standard Hourly Rate Schedule (attached) which includes direct labor costs,
overhead costs and profit. The engineering design for the Finished Water Transmission Main has
been divided into three (3) primary phases. The estimated manhours and corresponding estimated
costs for each of the phases is summarized below.
Professional Land Surveyor 52 hrs. @ 65 $/hr. _ $3,380
Professional Engineer II 24 hrs. @ 75 $/hr. _ $1,800
Engineer I 53 hrs. @ 50 $/hr. _ $2,650
Technologist 24 hrs. @ 53 $/hr. _ $1,272
Two Member Survey Crew 10g hrs. @ 100 $/hr• = 0 0
ESTIMATED TOTAL TffiS PHASE
Professional Land Surveyor 24 hrs. @ 65 $/hr. _ $ 1,560
Professional Engineer IV 8 hrs. @ 94 $/hr. _ $ 752
Professional Engineer II 110 hrs. @ 75 $/hr. _ $ 8,250
Engineer I 262.5 hrs. @ 50 $/hr. _ $13,125
Technologist 234 hrs. @ 53 $/hr. _ $12,402
Administrative Assistant 2 hrs. @ 28 $/hr. _ ~~
ESTIlVIATED TOTAL THIS PHASE
$19,902
$36,145
a. Professional Land Surveyor 60 hrs. @ 65 $/hr. _ $ 3,900
Professional Engineer IV 10 hrs. @ 94 $/hr. _ $ 940
Professional Engineer II 151 hrs. @ 75 $/hr. _ $11,325
Engineer I 236 hrs. @ 50 $/hr. _ $11,800
Technologist 217 hrs. @ 53 $/hr. _ $11,501
b. Copying Services $1,500
ESTIMATED TOTAL THIS PHASE
$40,966
r ~ f ,~
Therefore, based on the above estimated manhours and costs, the Total Estimated Cost for this
Project is $97,013. However, as indicated in the Letter Agreement, Maurer-Stutz, Inc. hereby
agrees to perform the above mentioned Professional Services on a time and materials basis not to
exceed $93,000 without prior written authorization from the City.
Invoicing for the above Project shall be submitted to the City monthly based on the attached
Standard Hourly Rate Schedule.
S:wIARKETIIV~pROPOSAL~23099022~attach2.wpd
i ' + 1
MAURER-STUTI, INC.
HOURLYRATE SCHEDULE
ROD/CHAIN PERSON
................................................. X35.00
INSTRUMENT PERSON
................................................. 40.00
PARTY CHIEF .
........................................................ 45.00
PROFESSIONAL LAND SURVEYOR I
...................................... 65.00
PROFESSIONAL LAND SURVEYOR II
...................................... 94.00
FOUR MEMBER SURVEY CREW
......................................... 150.00
THREE MEMBER SURVEY CREW
........................................ 130.00
TWO MEMBER SURVEY CREW
.......................................... 100.00
ONE MEMBER SURVEY CREW
........................................... 60.00
TECHNICIANI ......................................................... 40.00
TECHNICIAN ii ......................................................... 45.00
SENIOR TECHNICIAN ................................................... 50.00
TECHNOLOGIST ....................................................... 53.00
DESIGNER ............................................................ 56.00
ENGINEER I .
.............. ........................................... 50.00
ENGINEER II .
......................................................... 55.00
PROFESSIONAL ENGINEER I
........................................... 60.00
PROFESSIONAL ENGINEER II
............................................ 75.00
PROFESSIONAL ENGINEER III
............................................ 80.00
PROFESSIONAL ENGINEER IV
........................ ,.,, 94.00
STRUCTURAL ENGINEER I .............................................. 65.00
STRUCTURAL ENGINEER II ............................................. 80.00
STRUCTURAL ENGINEER III ............................................. 98.00
CITY ENGINEER STANDARD RATE ........................................ 60.00
EXPERT WITNESS STANDARD RATE ............................... . . .... 105.00
CLERICAL ............................................................ 28.00
Effective Date: 10/01/98