HomeMy WebLinkAboutResolution #3016
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RESOLIITION N0. 3016
A RESOLIITION APPROVING AN AGREEMENT BETWEEN THE CITY OF
CANTON AAD CRAWF'ORD, MORPHY & TILLY, INC. AND DIRECTING
THE MAYOR TO E%ECIITE AND DELIVER SAID AGREEMENT
WHEREAS, the Canton City Council has determined that it is
necessary and in the best interest of the City of Canton, to enter
into an agreement with Crawford, Murphy & Tilly, Inc. hereto
attached and herein incorporated as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That said agreement, hereto attached as Exhibit "A",
between the City of Canton and Crawford, Murphy & Tilly, is hereby
approved.
2. That the Mayor is hereby authorized and directed to
execute and deliver said agreement on behalf of the City of
Canton, Illinois.
3. That this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Illinois.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 7th day of August,
1990, upon a roll call vote as follows:
AYES: Aldermen Fuller, Steck, Sarff, Bohler, May,
Chapman.
NAYS: None.
ABSENT:
Aldermen Kovachevich, Meade.
APPROVED:
~~ u~ ~~ ,
Donald Edwards, Mayor
ATTEST:
a Whit s, City Clerk.
CRAWFORD , MURPHY & TILLY , INC .
SCHEDULE OF HOURLY CHARGES
EFFECTIVE JANUARY 1, 1990
Engineering Aide .................................................... $26.00 per hour
Engineering Technician .............................................. $ 2.00
3 per hour
Senior Engineering Technician ........................................ X42.00
per hour
Land Surveyor ....................................................... $4 .00
9 per hour
Pl-anner ......... ............................. ...................... $4 .00
9 per hour
Engineer ............................................................ X49.00 per hour
Senior Engineer ..................................................... X57.00 per hour
Project Engineer .................................................... X64.00 per hour
Senior Project Engineer ............................................. $76.00 per hour
Principal of Firm ......
.............................................. $80.00 per hour.
To the amount charged at rates shown will be added the actual cost of blueprints,
supplies, transportation and subsistence and other miscellaneous job related expenses
directly incidental to the performance of services. A rental charge will be made when
flow monitoring, sampling or level recording equipment or nuclear density equipment are
used directly on assignment. In the event that additional services such as exploratory
drilling, materials testing, aerial photogrammetry, foundation studies or other
specialized services are furnished to the ENGINEER by another organization, reimbursement
for such services shall be at actual cost plus ten percent.
If assignment requires payment of premium for overtime hours, the fee will be adjusted
to include premium costs.
These rates are subject to change upon reasonable and proper notice. In any event this
schedule will expire and be superseded by a new schedule on or about January 1, 1991.
Crawford, Murphy & Tilly, Inc.
1. Warranty
.. ..
In performing its professional services hereunder, the Engineer will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members
of its profession practicing in the same or similar locality.. No other warranty, express
or implied, is made or intended by the Engineer's undertaking herein or its performance
of services hereunder.
2. Limitation of Liability
Due to the nature of the service covered under this Agreement including the potential for
damages arising out of the release of pollutants, City of Canton agrees that in the event
of one or more suits or judgements against CMT, Inc. in favor of any person or persons,
or any entity, for death or bodily injury or loss of or damage to property or for any
other claimed injury or damages arising from services performed by CMT, whether performed
negligently or otherwise, City of Canton will indemnify and hold harmless CMT from and
against liability to City of Canton or to any other persons or entities in excess of the
total compensation received by CMT under this agreement or the total amount of $50,000
whichever is less. It is understood that the total aggregate liability of CMT arising
from services performed by CMT shall in no event exceed $50,000 or the total compensation
received under this agreement whichever is less, no matter the number of or amount of such
claims, suits, or judgements.
3. Reuse of Document
4.
5•
All documents including Drawings and Specifications prepared by Engineer pursuant to this
Agreement are instruments of service. They 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 verification or adaptation by Engineer for the specific purpose
intended will be at Owner's sole risk and without liability or legal exposure to Engineer;
and Owner shall indemnify and hold harmless Engineer from all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting therefrom.
Termination
This Agreement may be terminated by either party upon seven days prior written notice.
In the event of termination, the Engineer shall be compensated by the client for all
services performed up to and including the termination date, including reimbursable
expenses, and for the completion of such services and records as are necessary to place
the Engineer's files in order and/or to protect its professional reputation.
Parties to the Agreement
The services to be performed by the Engineer under this Agreement are intended solely for
the benefit of the Owner. Nothing contained herein shall confer any rights upon or create
any duties on the part of the Engineer toward any person or persons not a party to this
Agreement including, but not limited to any contractor, subcontractor, supplier, or the
agents, officers, employees, insurers, or sureties of any of them.
6. Construction and Safety
The Engineer shall not be responsible for the means, methods, procedures, techniques, or
sequences of construction, nor for safety on the job site, nor shall the Engineer be
responsible for the contractor's failure to carry_ out the work in accordance with the
contract documents. --
AGREEMENq' FOR PROFESSIONAL SERVICES
THIS AGREEMF,NT made between _ City of Canton
whose address is 210 East Chestnut Street Canton Illinois 61 20
hereinafter called the OWNER and Crawford, Murphy & Tilly, Inc., Consulting Engineers,
2750 West Washington Street, Springfield, Illinois 62702 hereinaft
WITNESSETH:
er called the ENGINEERS,
That whereas the OWNER desires the following described professional engineering or land
surveying services.
NOW -THEREFORE
THE ENGINEER AGREES to provide the above described services.
THE OWNER AGREES to compensate 'the ENGINEER for providing the above described services
in the manner checked below. _
X On a time and expense basis in accordance with the attached Schedule of Hourly
Charges which is subject to change at the beginning of the next calendar year and
at subsequent intervals of not less than 12 months.*
On a time and expense basis to be computed at the technical
ENGINEER times a multiplier of 2.0. Technical Payroll cost to the
of salaries (including sick leave, vacation and holida cost is defined as the cost
time directly chargeable to the ro ect y Pay applicable thereto) for
retirement benefits and medical benefits and medical3nsurance benefits,+irnsurance,
At the lump sum amount of $
* Reimbursement of the cost of blueprints, supplies, transportation and subsistence
and other miscellaneous job related expenses directly incidental to the performance
of the services shall be at the actual cost of the ENGINEER. In the event that other
specialized services are furnished to the ENGINEER by another organization or
consultant, reimbursement shall be at actual cost plus ten percent.
IT IS MUTUALLY AGREED THAT:
Payment for services rendered shall be made monthly in accordance with invoices rendered
by the ENGINEER, If payment is to be on a lump sum basis, monthly payments will be based on
the portion of total services completed during the month. Invoices, or any part thereof, which
are not paid within 30 days after the date of issue shall bear interest at the rate of 1-1/2x
for each month or fraction thereof from the date 30 days after issue to time of payment. OWNER
will pay on demand all collection costs, legal expenses and attorneys' fees incurred or paid
by ENGINEER in collecting payment, including interest, for services rendered.
IT IS FURTHER MUTUALLY AGREED:
That the ceiling for general engineering services shall not exceed $10,000 unless additional
work is authorized by the Cit or the scope of work changes repuiring a modification of
this agreement. Billings will be structured itemizing the requested service and the
individual requesting the service. This agreement will include services beginning June 1,
i99o.
The OWNER and the ENGINEER each binds himself, his partners, successors, executors,
administrators and assignees to each other party hereto in respect to all the covenants and
agreements herein and, except as above, neither the OWNER nor the ENGINEER shall assign, sublet
or transfer any part of his interest in this AGREEMENT without the written consent of the
other party hereto. This AGREEMENT, and its construction, validity and performance, shall be
governed and construed in accordance with the laws of the State of Illinois. This AGREEMENT
is sub3ect to the General Conditions printed on the reverse side of this page.
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals this
day of
OWNER: City of Canton
Donald E. Edwards, Mayor
19 .
ENGI CRAWFORD, HY & TILLY, INC.
Clifton R. Baxter, Executive Vice President
CM&T JOB. N0. 902-01