HomeMy WebLinkAboutResolution #0999_~
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RESOLUTION N0. 999
A RESOLUTION APPROVING AN "AGREEMENT FOR ENGINEERING SERVICES"
WITH CRAWFORD, MURPHY & TILLY, INC., OF SPRINGFIELD, ILLINOIS
WHEREAS, the City of Canton is presently engaged in attempting
to secure an approximate $6,000,000 grant for sewer extensions and
improvements; and,
WHEREAS, in said attempt it is necessary that the City obtain
the services of competent consulting engineers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON, Fulton County, Illinois, as follows:
1. That that certain "Agreement for Engineering Services" hereto
attached as Exhibit A is hereby approved by the Canton City Council.
2. That the Mayor and City Clerk are hereby authorized and
directed to execute and deliver duplicate originals thereof 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 ti±h day of CnntemF,or ,
1983, upon a roll call vote as follows:
AYES: Aldermen Kovachevich, Hammond, Savill, Workman, Carl, May,
Horr.
NAYS: None.
ABSENT: Alderman Sarff.
APPROVED:
,
(Donald E. Edwards), Mayor.
ATTEST:
(Na cy Whi s), City Clerk.
!~
AQtEEMENT FOR ENGINEERING SERVICES ,
THIS AGREEMENT, made at Canton, Illinois this 7th day of September ,
1983, by and between the City of Canton, Illinois, hereinafter called the OWNER,
and Crawford, Murphy & Tilly, Inc., Consulting Engineers, 2750 West Washington
Street, Springfield, Illinois, hereinafter called the ENGINEER;
WITNESSETH: That whereas the OWNER intends to construct improvements to
sewers, pumping stations and sewage treatment plants as outlined in Facilities
Planning Report dated July 1, 1983.
NOW THEREFORE, in consideration of the premises and of the mutual covenants
herein set forth for the construction of the above named improvements:
THE ENGINEER AQZEES ,
1. To make all necessary surveys, detailed plans, detailed specifications
and estimates of probable cost, attend all necessary meetings and conferences,
supervise the making of test borings and other sub-surface explorations, assist
in receiving proposals and awarding contracts for construction and furnish such
data as may be required by governmental agencies in the preparation of working
plans, specifications and cost estimates.
2. To furnish additional services as may be required such as assistance in
applications for Federal or State loans or grants, the making of soil borings
and analyses, materials testing, property or right-of-way surveys and plats,
aerial photogrammetry, user charge studies, preparation of a plan of operation,
changes in plans and specifications ordered by the OWNER after OWNER'S prior
approval, or made necessary by revisions in regulatory agency requirements when
such changes are due to causes beyond the ENGINEER'S control, preparation of
plans and documents for alternate designs utilizing different processes and/or
8027-03
- 1 -
equipment, and all other services ordered by the OWNER which cannot be equitably
related to the construction cost. Additional services involving changes in
plans and specifications due to causes beyond the ENGINEER'S control shall not
be perf ormed prior to authorization and approval by the OWNER.
THE OWNER AGREES:
3. To pay the ENGINEER for the basic services described in paragraph 1,
above, a percentage fee, based upon the actual cost of construction for each
contract section of work for which plans and specifications are prepared, in
accordance with the following schedule:
Construction Cost
First $ 100,000.
Next $ 120,000.
Next $ 200,000.
Next $ 300,000.
Next $ 750,000.
Next $1,000,000.
Next $4,000,000.
Next $7,000,000.
Fee As A Percentage
Of Construction Cost
10.40%
8.08%
6.64%
5.76%
5.20%
4.72%
4.32%
4.20%
The ENGINEEK shall submit monthly invoices to the OWNER for partial
payment on account of his work completed to date. The OWNER shall promptly pay
the ENGINEER amounts due upon receipt and approval of properly documented
invoices. The amount of monthly partial payments shall be based upon the
estimated fee determined by the above percentage fee schedule multiplied by the
percent of the engineering services actually completed as documented by progress
reports submitted by the ENGINEER and approved by the OWNER. The estimate of
8027-03
- 2 -
probable construction cost shown in the Facility Plan shall be used to determine
the amounts of monthly partial payments except that the estimate of probable
construction cost may be adjusted from time to time during the design stage to
reflect the most recent estimate of probable construction cost. The sum total
of all partial payments shall not exceed 90 percent of the total estimated fee
until such time as contracts for construction of the project are awarded or
until 18 months after substantial completion of engineering services, whichever
first occurs. Final payment to the ENGINEER by the OWNER shall be equal to the
total awarded amount of all construction contracts multiplied by the percentage
fee determined by the above schedule less the amount of all previous partial
payments except as otherwise herein provided. The estimated probable con-
struction cost of any portion of the project for which engineering services are
provided and subsequently abandoned, not constructed, or constructed by the
OWNIIt, shall be added to the awarded construction cost for the purpose of
determining the total final fee to be paid to the ENGINEER. In the event that
engineering services are partially completed for any such portion of the project
that is abandoned, not constructed, or constructed by the OWNER, then the final
fee for that portion of the work shall be adjusted to reflect actual percent
completion of those services. If construction contracts for the project or any
portion of the project are not awarded within 18 months after substantial
completion of engineering services then the ENGINEER shall be entitled to final
payment determined in the same manner as hereinbefore provided except that final
payment shall be based upon the then current estimate of probable construction
cost.
4. To pay the ENGINEER for additional services outlined in Paragraph 2,
when such services are furnished directly by the ENGINEER, on a time and expense
8027-03 - 3 -
basis to be computed at the technical payroll cost to the ENGINEER times a
multiplier of 2.0. Technical payroll cost is defined as the cost of salaries
(including sick leave, vacation and holiday pay applicable thereto) for time
directly chargeable to the project, plus unemployment, excise and payroll taxes
and contribution for social security, workmen's compensation, insurance,
retirement benefits and medical insurance benefits. Reimbursement of the cost
of stakes, blueprints, supplies, toll calls, transportation and subsistence
directly incidental to the performance of the services shall be at the actual
cost of the ENGINEER. In the event that additional services such as exploratory
drilling, materials testing, aerial photogrammetry, foundation studies or other
services are furnished by the ENGINEER by another organization, reimbursement
for such services by the OWNER shall be at actual out-of-pocket cost plus ten
percent to the ENGINEER.
5. Any controversy or claim arising out of or related to this contract, or
the breach thereof, may be decided by arbitration upon written consent of both
the OWN Eft and the ENGINEER. Written consent shall be irreversible. Any such
arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then obtaining subject to the
limitations of this Article 5. Any agreement so to arbitrate and any other
agreement or consent to arbitrate entered into in accordance herewith as
provided in this Article 5 will be specifically enforceable under the prevailing
law of any court having jurisdiction.
6. The OWNER and the ENGINEER mutually agree:
a) The cost of engineering services furnished under this agreement
prior to a bond election scheduled for November 8, 1983 shall not
8027-03 - 4 -
~ 1
exceed the sum of $80,000. Payment to the ENGINEER for services
provided prior to the bond election may be delayed until funds are made
available from the sale of bonds or may be paid in 12 equal monthly
installments commencing in January 1984 if the bond election fails to
pass.
7. 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.
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals
this 7th day of September 1983.
OWNER:
CITY OF CAN'PON, ILLINOIS
8027-03
ENGINEER:
CRAWFORD, MURP & TILLY, INC.
~~ . -~ t
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'Crawford, Murphy & Tilly, Inc.
2750 VJest Washlneton Street
SPRINGFIELD, ILLINOIS 62702
(217) 787-8050
_ WE ARE SENDING YOU ^ Attached ^ Under separate cover via
^ Shop drawings
^ Copy of letter
^ Prints
^ Change order
^ Plans
DATE
~~~~ J08 NO ~I
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ATTENTI~Nf
/ ~ ta7 Y•-
RE.
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the following items:
^ Samples ^ Specifications
COPIES DATE NO. DESCRIPTION
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THESE ARE T/RANSMITTED as checked below:
Q' For approval ^ Approved as submitted
^ For your use ^ Approved as noted
^ As requested ^ Returned for corrections
^ For review and comment ^
^ FOR BIDS DUE 19
REMARKS
^ PRINTS RETURNED AFTER LOAN TO US
/ ~cy t~J ~ Sis H 61~ cr/ ~iC c.:7 ~[~ /!/Jr{ ~ ~~'~7 ~J' ~ ~/
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9/07/83 Emil,
Enclosed please find two (2) executed originals of the
JHM/bm J mes H. Malmgren
COPY TO ~~~- CC: File ~
SI
r~OpKT 7~t ®~ Gory Mm ui~n If enclosures ere not as noted, kindly notify ue et once. ~r
^ Resubmit copies for approval
^ Submit copies for distribution
^ Return corrected prints
AC~tEEMENT FOR ENGINEERING SERVICES ,
THIS AGREEMENT, made at Canton, Illinois this 6th day of
September
1983, by and between the City of Canton, Illinois, hereinafter called the OWNER,
and Crawford, Murphy & Tilly, Inc., Consulting Engineers, 2750 West Washington
Street, Springfield, Illinois, hereinafter called the ENGINEER;
WITNESSETH: That whereas the OWNER intends to construct improvements to
sewers, pumping stations and sewage treatment plants as outlined in Facilities
Planning Report dated July 1, 1983.
NOW THEREFOitE, in consideration of the premises and of the mutual covenants
herein set forth for the construction of the above named improvements:
THE ENGINEER AQtEES ,
1. To make all necessary surveys, detailed plans, detailed specifications
and estimates of probable cost, attend all necessary meetings and conferences,
supervise the making of test borings and other sub-surface explorations, assist
in receiving proposals and awarding contracts for construction and furnish such
data as may be required by governmental agencies in the preparation of working
plans, specifications and cost estimates.
2. To furnish additional services as may be required such as assistance in
applications for Federal or State loans or grants, the making of soil borings
and analyses, materials testing, property or right-of-way surveys and plats,
aerial photogrammetry, user charge studies, preparation of a plan of operation,
changes in plans and specifications ordered by the OWNER after OWNER'S prior
approval, or made necessary by revisions in regulatory agency requirements when
such changes are due to causes beyond the ENGINEER'S control, preparation o~
plans and documents for alternate designs utilizing different processes and/or
8027-03
- 1 -
equipment, and all other services ordered by the OWNER which cannot be equitably
related to the construction cost. Additional services involving changes in
plans and specifications due to causes beyond the ENGINEER'S control shall not
be performed prior to authorization and approval by the OWNER.
THE OWNER AGREES :
3. To pay the ENGINLER for the basic services described in.paragraph 1,
above, a percentage fee, based upon the actual cost of construction for each
contract section of work for which plans and specifications are prepared, in
accordance with the following schedule:
Construction Cost
First $ 100,000.
Next $ 120,000.
Next $ 200,000.
Next $ 300,000.
Next $ 750,,000 .
Next $1,000,000.
Next $4,000,000 .
Next $7,000,000. .~ .
Fee As A Percentage
Of Construction Cost
10.40%
8.08%
6.64%
5.76%
5.20%
4.72%
4.32%
4.20%
The ENGINEER shall submit monthly invoices to the OWNER for partial
payment on account of his work completed to date. The OWNER shall promptly pay
the ENGINEEK amounts due upon receipt and approval of properly documented
invoices. The amount of monthly partial payments shall be based upon the
estimated fee determined by the above percentage fee schedule multiplied by the
percent of the engineering services actually completed as documented by progress
reports submitted by the ENGINEER and approved by the OWNER. The estimate of
8027-03 - 2 -
probable construction cost shown in the Facility Plan shall be used to determine
the amounts of monthly partial payments except that the estimate of probable
construction cost may be adjusted from time to time during the design stage to
reflect the most recent estimate of. probable construction cost. The sum total
of all partial payments shall not exceed 90 percent of the total estimated fee
until such time as contracts for construction of the project are awarded or
until 18 months after substantial completion of engineering services, whichever
first occurs. Final payment to the ENGINEER by the OLdNER shall be equal to the
total awarded amount of all construction contracts multiplied by the percentage
fee determined by the above schedule less the amount of all previous partial
payments except as otherwise herein provided. The estimated probable con-
struction cost of any portion of the project for which engineering services are
provided and subsequently abandoned, not constructed, or constructed by the
OLdNER, shall be added to the awarded construction cost for the purpose. of
determining the total final fee to be paid to the ENGINEEK. In the event that
engineering services are partially completed for any such portion of the project
that is abandoned, not constructed, or constructed by the OGdNER, then the final
fee for that portion of the work shall be adjusted to reflect actual percent
completion of those services. If construction contracts for the project or any
portion of the project are not awarded within 18 months after substantial
completion of engineering services then the ENGINEER shall be entitled to final
payment determined in the same manner as hereinbefore provided except that final
payment shall be based upon the then current estimate of probable construction
cost.
4. To pay the ENGINEER for additional services outlined in Paragraph 2,
when such services are furnished directly by the ENGINEER, on a time and expense
8027-03 - 3 -
a
basis to be computed at the technical payroll cost to the ENGINEER times a
multiplier of 2.0. Technical payroll cost i.s defined as the cost of salaries
(including sick leave, vacation and holiday pay applicable thereto) for time
directly chargeable to the project, plus unemployment, excise and payroll taxes
and contribution for social security, workmen's compensation, insurance,
retire-nent benefits and medical insurance benefits. Reimbursement of the cost
of stakes, blueprints, supplies, toll calls, transportation and subsistence
directly incidental to the performance of the services shall be at the actual
cost of the ENGINEER. In the event that additional services such as exploratory
drilling, materials testing, aerial photogrammetry, foundation studies or other
services are furnished by the ENGINEER by another organization, reimbursement
for such services by the OWNER shall be at actual out-of-pocket cost plus ten
percent to the ENGINEER.
5. Any controversy or claim arising out of or related to this contract, or
the breach thereof, may be decided by arbitration upon written consen!. of both
the OWNER and the ENGINEER. Written consent shall be irreversible. Any such
arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then obtaining subject to the
limitations of this Article 5. Any agreement so to arbitrate and any other
agreement or consent to arbitrate entered into in accordance herewith as
provided in this Article 5 will be specifically enforceable under the prevailing
law of any court having jurisdiction.
6.
The OWNER and the ENGINEER mutually agree:
a) !'he cost of engineering services furnished under tl-~is agreement
8027-03
prior to a bond election scheduled for November 8, 1983 shall not
- 4 -
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..
l
exceed the sum of $80,000. Payment to the ENGINEER for services
provided prior to the bond election may be delayed until funds are made
available from the sale of bonds or may be paid in 12 equal monthly
installments commencing in January 1984 if the bond election fails to
pass.
7. The OWNF~ 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 OUTNER nor the ENGINEER shall assign, sublet or transfer any part of
his interest in this AQZEEMENT without the written consent of the other party
hereto.
IN WITNESS [JHEtZEUF, the parties hereto have affixed their hands and seals
this 6th day of September 1983.
OWN E<Z
CITY OF CANTON, ILLINOIS
d~~~~°
ENGINEER:
CRAWFORD, MURPHY & TILLY, INC.
8027-03 _ 5 _