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HomeMy WebLinkAboutResolution #3339RESOLUTION NO. 3 3 3 9 A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CANTON AND MAURER-MCGILLEM ENGINEERS, INC., FOR SIDEWALK REPLACEMENT IN THE DOWNTOWN T.I.F. DISTRICT WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the 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 COUNCII. OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Agreement for Professional Services, 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 set forth therein. 2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute and deliver said Agreement for Professional Services 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 regular meeting this 17th day of September, 1996, upon a roll call vote as follows: AYES• Aldermen Molleck, Sarff, Phillips, Nidiffer, r~leade, • Shores, May. NAYS: None . ABSENT: Aldermen Hartford. APPR D: Donald E. Edwards, Mayor Attest: ~ ~ anc Whites City Clerk ~~.~~ ~~505 AGREEMENT FOR PROFESSIONAL SERVICES This is an AGREEMENT made as of Septemher, 1 g,96 by and between The Cit, ~f Oantnn, Illinois (hereinafter called OWNER), and MAURER-McGILLEM ENGINEERS, INC., 3647 Meadowbrook Road, Peoria, IL 61604 (hereinafter called ENGINEER). OWNER intends to retain the services of ENGINEER to provide professional services relative to: Sidewalk r•.nnstr~irtinn nn E Elm and Van BIIrPn Streets; First and Ser•.nnd AVP.nlle; within the City of Canton (hereinafter called PROJECT). OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional services by ENGINEER and the payment of those services by OWNER as set forth herein. ENGINEER will serve as OWNER'S engineering representative in those phases of the PROJECT to which this AGREEMENT applies, and will give consultation to OWNER during performance of his service. SECTION 1 - ENG/NEER'S RESPONS/B/L/T/ES ENGINEER shall perform BASIC SERVICES as stated in SECTION 6 -ENGINEERING SERVICES. Services shall be performed on behalf of and solely for the use of OWNER. The services performed by ENGINEER shall be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the surveying and engineering consulting professions in the same locale acting under similar conditions and circumstances. ENGINEER makes no other representation, guarantee, or warranty. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others ADDITIONAL SERVICES not stated in SECTION 6. Such ADDITIONAL SERVICES shall be written as an ADDENDUM to this AGREEMENT. SECTION 2 -OWNER'S RESPONS/B/L/T/ES OWNER shall provide full information as to his/her requirements for the PROJECT. OWNER will assist ENGINEER by placing at his/her disposal all available information pertinent to the PROJECT. OWNER shall provide access to the site of the PROJECT and make provisions for ENGINEER to enter public and private property as required by ENGINEER to perform his services. OWNER shall assist ENGINEER in obtaining all necessary permits, licenses, approvals, and other documents required for the PROJECT. 1 OWNER shall examine all documents presented by ENGINEER relative to this PROJECT, obtain advice or counsel as he/she deems appropriate for such examination, and render decisions to ENGINEER within a reasonable time period. OWNER shall be responsible for the proper identification to be made of all utility lines and subterranean structures within the PROJECT site. OWNER shall compensate ENGINEER in the manner as set forth in SECTION 5 - PA YMENTS TO ENG/NEER. OWNER shall provide such legal, accounting, and insurance counseling services as may be required for the PROJECT. OWNER shall pay the cost for any permits, taxes, fees, or other expenses incurred relative to this PROJECT, whether such was obtained or incurred by the OWNER or by the ENGINEER for the OWNER. SECTION 3 -GENERAL RESPONS/B/L/T/ES OF PART/ES 3.1 Force Majeure. Neither OWNER nor ENGINEER shall hold the other responsible for damages or delays in performance caused by FORCE MAJEURE or other events beyond the control of the other party, and which could not reasonably have been known, anticipated or prevented. FORCE MAJEURE shall include but not necessarily be limited to: adverse weather conditions, floods, strikes, epidemics, war, riots, disturbances, lockouts, site conditions, accidents, sabotage, fire, loss of permits, court orders, acts of God, laws, regulations, or other. Should such occur, the parties shall mutually agree on the terms and conditions upon which the services may be continued. 3.2 /ndemnifications. Both OWNER and ENGINEER shall indemnify and hold harmless the other party and its shareholders, directors, officers, employees, and agents from and against all losses, damages, claims, liability, and cost and expenses incidental thereto (including costs of defense, settlement, and reasonable attorney's fees) which any or all may incur, be responsible for, or payout as a result of bodily injuries, death, or damage to property which arise out of or are caused by any negligent acts, negligent omissions, or willful misconduct of the party's own employees, agents, or subcontractors. 3.3 Safety of Emp/oyees. If at any time during the performance of services relative to this PROJECT, ENGINEER believes that the safety of its employees, agents, sub- contractors, or any other person is in jeopardy, ENGINEER reserves the right to immediately suspend the performance of services until such condition is remedied. OWNER shall inform ENGINEER of any known circumstance or situation in which the safety of any person related to this PROJECT is in jeopardy. 2 3.4 Control of Project Site. OWNER acknowledges that he/she is now and shall remain in control of the PROJECT site at all times. OWNER shall be responsible for any aspect or condition of the site now existing or hereafter arising. 3.5 Shop Drawing Reviews. ENGINEER shall review shop drawings, samples, or other data which contractors are required to submit only for conformance with the design concept of the PROJECT and for compliance with the information given in the CONTRACT DOCUMENTS. Such reviews, approvals, or other action shall not extend to the means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incidental to the PROJECT. SECTION 4 -PER/OD OF SERV/CE All services listed in this AGREEMENT under SECTION 6 are anticipated to be completed prior to DPr.Pmher 1, 1996. The completion date may be extended for delays resulting from no fault of ENGINEER, such as OWNER's delay, unpredictable occurrences, acts of God, or governmental regulation changes. The rates of compensation for ENGINEER's services have been agreed to in anticipation of the orderly and continuous progress of the PROJECT. ENGINEER's obligation to render services hereunder will extend to Jan~~~rv 1, 1997. After such date, revised rates of compensation may become necessary to reflect cost increases experienced by ENGINEER, and delays may require renegotiation of this AGREEMENT relative to compensation and schedule commitments. SECTION 5 -PAYMENTS TO ENG/NEER For BASIC SERVICES of ENGINEER and for ADDITIONAL SERVICES, OWNER shall pay ENGINEER on the basis of LUMP SUM method. The amount of the fee or rate to used is stated in ADDENDUM 1 -METHOD OF COMPENSAT/ON. Definition of the method follows. 5.1 Lump Sum. The lump sum shall include basic wages, mandatory and customary employee benefits costs, overhead business costs, profit, Reimbursable Expenses, and Sub-consultant Expenses incurred by ENGINEER for the services. The Lump Sum, as stated in ADDENDUM 1 -METHOD OF COMPENSATION, shall be a fixed amount unless a change of scope in the Basic Services occurs. If a change in the Basic Services occurs, a revised Lump Sum shall be agreed to, or such change shall be considered Additional Services. Monthly invoice statements will be billed based on an estimated percent of completion of the services. 3 5.2 Bi//ing/Payment. During times that work is being performed on the PROJECT, ENGINEER shall submit monthly invoice statements for services rendered and for expenses incurred based upon the stated Method of Compensation. Payments to ENGINEER shall be made within thirty days from the date of the invoice. In the event that collection proceedings are necessary to collect unpaid invoices for ENGINEER'S services, OWNER shall reimburse ENGINEER for all costs incurred in connection with such proceedings, due interest, and all costs incurred in the collection proceedings, including but not limited to collection agency charges, court costs, attorney's fees, postage, mailing, travel and employee wages and expenses at the rate specified in Section 5, or at the ENGINEER'S current hourly rate if no rate is specified in ADDENDUM 1. 5.3 Definitions. Reimbursable Expense is defined as the actual non-labor expenditure incurred on the PROJECT, and may include external expenses such as printing, telephones, mailing, specialized equipment, tests, or others. Sub-consultant Expense is defined as the actual expenditure by ENGINEER made to other firms in providing specialized studies for the PROJECT. SECTION 6 - ENG/NEER/NG SERV/CES 6.1 Services To Be Provided. ENGINEER agrees to perform or be responsible for the performance of the following Basic Services for the OWNER in connection with the proposed improvement herein before described and listed below. A. Make such detailed surveys as are necessary for the preparation of detailed construction plans. B. Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the OWNER with two (2) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required shall be furnished to the OWNER by the ENGINEER at his/her actual cost for reproduction. C. Assist the OWNER in their receipt and evaluation of proposals and the awarding of the construction contract. D. Provide for the establishment and setting of lines and grades for the improvement. SECTION 7 -GENERAL CONS/DERAT/ONS 7.1 Termination. This AGREEMENT may be terminated by either party upon seven days prior written notice in the event of substantial failure by either party to perform in accordance with the terms herein. If this AGREEMENT is terminated, payment due ENGINEER for services rendered through the date of termination shall be paid by OWNER. 4 7.2 Reuse of Documents. All documents furnished by ENGINEER pursuant to this AGREEMENT are instruments for his/her services and are not intended to be suitable for reuse by OWNER or others for extensions of this work or on any other work at any other site. Any reuse without specific written verification or adaptation by ENGINEER will be solely at OWNER'S risk, and OWNER hereby indemnifies and holds harmless ENGINEER from all claims, damages, losses, or expenses arising out of or resulting therefrom. 7.3 Estimates of Cost. Since ENGINEER has no control over construction costs, he cannot and does not guarantee that construction cost proposals, bids, or actual costs will not vary from ENGINEER'S opinion of probable construction costs. 7.4 Change of Conditions. The stated fees and scope of services reflect ENGINEER'S best estimate required to perform the work. As the project progresses, facts, uncovered may reveal the necessity for a change in the PROJECT, which may alter the scope. ENGINEER will promptly inform OWNER of changes in scope which may necessitate changes to the AGREEMENT. 7.5 Severabi/ity. The invalidity of any provision of this AGREEMENT shall not impair the validity of any other provision. If any provision is determined by a court jurisdiction to be unenforceable, that provision will be deemed severable, and the remainder of the AGREEMENT may be enforced. 7.6 Successors/Assigns. This AGREEMENT shall be binding upon the parties hereto and their heirs, executors, personal representatives, successors, and assigns. 7.7 Confidentiality. Each party shall retain as confidential all information delivered to it by the other party which are designated in writing as confidential at the time of delivery. Confidential information shall not be disclosed, unless required by law or regulation. 7.8 Ownership of Documents. All documents furnished by ENGINEER to OWNER shall become the property of OWNER upon final payment for ENGINEER'S services. 7.9 Presence of Waste Materia/s. OWNER acknowledges that ENGINEER had no role in generating, treating, storing, or disposing of waste materials which may be present on this PROJECT site. OWNER acknowledges that ENGINEER has not benefitted from the processes that produced such waste materials. Any waste materials encountered by or associated with the services provided by ENGINEER on this PROJECT shall at no time become the property of ENGINEER. ENGINEER may evaluate and recommend storage, handling, transporting, disposing, or treating waste materials, but in so doing shall not accept ownership or responsibility for the waste materials. OWNER shall indemnify and hold harmless ENGINEER from and against any and all claims, damages, losses, liability, and expenses, including attorney's fees which arise out of the release or threatened release of any waste materials. 5 Following is a list of ,Addenda which are included as a part of the AGREEMENT: ADDENDUM 1 - METHOD OF COMPENSAT/ON In witness whereof, the parties hereto have made and executed this AGREEMENT as of the day and year first written above. OWNER: City of Canton, Illinois ENGINEER: Maurer-McGillem Engineers, Inc. 3647 Meadowbrook Road Peoria, IL 61604 BY:~ TITLE ATTE; TITLE BY TIT AT TIT 6 ADDENDUMI-METHOD OFCOMPENSATION A. ENGINEERING SERVICES: LUMP SUM Survey, Design, and Contract Documents $5,200 II. Staking 300 TOTAL LUMP SUM $5,500