HomeMy WebLinkAboutResolution #5458 RESOLUTION NO. 5458
A RESOLUTION APPROVING A STANDARD SHORT FORM PROPOSAL AND
AGREEMENT FOR PROFESSIONAL SERVICES
WHEREAS, the City of Canton, Illinois (the "City") intends on making certain
improvements (the"Improvements")to the sidewalks, curbs, and ADA ramps along the west side
of North Main Street from Chestnut Street to the Canton Harvester Inn;
WHEREAS, Maurer-Stutz, Inc. will provide certain professional services to the City in
relation to the Improvements, including engineering design professional services as described in
the Standard Short Form Proposal and Agreement for Professional Services with Maurer-Stutz,
Inc. (the "Agreement"), attached hereto as "Exhibit A";
WHEREAS, the Mayor and City Council have determined that it is necessary and in the
best interests of the City of Canton for City to enter into the Agreement, substantially in the form
as attached hereto as "Exhibit A."
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON,ILLINOIS,AS FOLLOWS:
1. That the Recitals set forth above are found to be true and correct and are hereby
incorporated and adopted as part of this Resolution;
2. The Agreement with Maurer-Stutz, Inc., substantially in the form as attached hereto as
"Exhibit A," is hereby APPROVED;
3. That the Mayor of the City of Canton, Illinois is hereby authorized to execute said
Agreement and any other related and necessary documents, on behalf of the City;
5. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 19th
day of December,2023,upon a roll call vote as follows:
AYES: Alderpersons Chamberlin, Grimm, Lovell, Hale, Gossett, Ketcham, Lingenfelter
NAYS:None
ABSENT: Alderperson Nelson
APPROVED:
e t Dowell, Mayor
AT(S T:
'ill Q, &I��.
Brea J. S th-Walters, City Clerk
�S MAURER - STUTZ
E N G I N E E R S S U R V E Y O R S
STANDARD SHORT FORM PROPOSAL AND AGREEMENT FOR
PROFESSIONAL SERVICES
Client Name and Address: City of Canton
2 N. Main Street
Canton,IL 61520
Client Contact Information: Mayor Kent McDowell
kmcdowell@cantoncityhall.org;309-647-0065
Project Name and Location:N. Main Street Curb, Sidewalk and ADA Ramp Improvements
N. Main Street:west side from Chestnut Street to Harvester Inn Improvements
Effective Agreement Date: 10/31/2023
Client hereby authorizes Maurer-Stutz,Inc. (MSI,Engineer)to provide Professional Services in connection with the
above referenced Project. Client's Project,of which Engineer's services under this Agreement are a part, is generally
identified as follows:
See attached scope of work for design,plan and specification development,and bidding phase assistance.
Project is located within TIF District 1. TIF Funds would be used to pay for engineering services.
Construction Phase Services would be a separate contract.
Maurer-Stutz,Inc. proposes to provide professional services on the Project based on the following Fee Method:
Estimated Fee: $42,500(time and materials)
This Proposal is subject to and governed by the General Terms and Conditions that are attached to hereby made a part
of this agreement.
FOR OFFICE USE ONLY
Proposal No.
Project No.
Effective Apri 1 1, 2011
Page 1 of 4
GENERAL TERMS AND CONDITIONS
TERMS OF PAYMENT:MSI will submit Invoices for work which has been completed and reimbursable expenses incurred. If any invoice is not paid within 30
days of invoice date,late payment charges of 1.5%per month,or fraction of a month,or the highest lawful interest rate of the state in which the CLIENT's office is
located,will be due. Fees are not contingent on CLIENT receipt of funds. If invoices under this Agreement,or any other agreement with CLIENT,are not timely
paid,MSI may,after giving seven day's written notice to CLIENT,suspend services under this Agreement.
FEE METHODS: CLIENT shall pay MSI on the basis of one of the following methods. The method to be used is stated on the front page of this Agreement.
1. LUMP SUM:When the Lump Sum method is utilized,the total amount billed shall include all Direct Payroll Expense costs,overhead business costs,
profit,Reimbursable Expenses,and Subconsultant Expenses incurred by MSI. The Lump sum shall be a fixed amount unless a change of scope in the
Scope of Services occurs. If a change of the Scope of Services occurs,such change shall be considered additional services and billed at MST's current
Hourly Rates. Monthly invoice statements will be submitted based on an estimated percent of completion of the services.
2. ESTIMATED FEE:
a. HOURLY RATE:When the Hourly Rate method is utilized,the hourly rate shall include all Direct Payroll Expense,overhead business costs,
and profit due MSI for the services. Hourly Rates are established for technical classifications of individuals. If Hourly Rates are not listed in
the Agreement,they shall be the rates currently in use by MSI for the type of work being done.
b. MULTIPLIER:When the Multiplier method is utilized,the hourly rate billed per individual expending time on the Project shall include that
individual's Direct Payroll Expense(DPE)times a multiplier to cover overhead business costs plus profit.Direct Payroll Expense is defined as
the total amount of an individual's labor cost,including basic wages and the mandatory and customary employee benefits,such as insurance,
sick leave,holidays,vacations and others.
ESTIMATES OF FEES,BASED ON DPE OR AT HOURLY RATE:MST's estimate of the amounts that will become payable for specified services are only
estimates for planning purposes,are not binding on the parties,and are not the minimum or maximum amounts payable to MSI under the Agreement,When estimated
compensation amounts have been stated herein and it subsequently becomes apparent to MSI that the total compensation amount thus estimated wi11 be exceeded,MSI
shall give CLIENT written notice thereof,allowing CLIENT to consider its options, including suspension or termination of MST's services for CLIENT's
convenience.Upon notice,CLIENT and MSI shall promptly review the matter ofservices remaining to be performed and compensation for such services,CLIENT
shall either exercise its right to suspend or terminate MST's services for CLIENT's convenience,agree to such compensation exceeding said estimated amount,or
agree to a reduction in the remaining services to be rendered by MSI,so that total compensation for such services will not exceed said estimated amount when such
services are completed. if CLIENT decides not to suspend the MST's services during the negotiations and MSI exceeds the estimated amount before CLIENT and
MSl have agreed to an increase in the compensation due MSI or a reduction in the remaining services,then MSI shall be paid for all services rendered hereunder.
REIMBURSABLES:Reimbursable Expenses and Subconsultant Expenses incurred by MSI for the services shall be billed in addition to the hourly mtecharges at an
amount equal to actual cost plus 10 per cent. Reimbursable Expense is defined as the actual non-labor expenditure incurred on the project,and may include travel,
printing,telephones,mailing,specialized equipment tests or others.Subconsultant Expense is defined as the actual expenditure for other frets in providing specialized
studies,sub-surface explorations,or other services required on the Project.
In the event that collection proceedings arc required to collect unpaid bills for MST's services and expenses,CLIENT shall be responsible for all unpaid bills,due
interest,and all costs incurred in the collection proceedings,including but not limited to attorney's fees,costs,travel,and employee wages,overhead and expenses at
the rate specified in this Agreement,or at MST's current hourly rate if no rate is specified.
CONSTRUCTION PHASE SERVICES: If,as a part of this Agreement,MSI is providing periodic construction observation,MSI shall make visits to the
construction site to observe the progress and quality ofthe contractor's(s)work to determine in general if such work is proceeding in accordance with the construction
documents. MSI shall not be required to make exhaustive or continuous on-site inspections to check quality or quantity of such work.MSI shall not be responsible for
the means,methods,techniques,sequences or procedures of construction or for the safety precautions and programs incident to the work of the contractor. MSI does
not warrant or guarantee contractor's(s)work,and shall not be responsible for the failure of contractors to perform the work in accordance with the construction
documents. With respect to the Standard of Care applicable to construction observation services,note the following:
A. MSI shall not at any time supervise,direct,control,or have authority over any contractor work,nor shall MSI have authority over or be responsible for
the means,methods,techniques,sequences,or procedures of construction selected or used by any contractor,for the safety precautions and programs
incident thereto,for security or safety at the Site,nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's
furnishing and performing of its work.
B. MSI neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform the Work in
accordance with the Contract Documents.
C. MSI shall not provide or have any responsibility for surety bonding or insurance-related advice,recommendations,counseling,or research,or for
enforcement of construction insurance or surety bonding requirements.
D. MSI shall not be responsible for the acts or omissions of any contractor,subcontractor,or supplier,or of any of their agents or employees or of any
other persons(except MST's own employees and its Consultants)at a Site or otherwise furnishing or performing any of a contractor's work;or for any
decision made regarding the Contract Documents,or any application,interpretation,or clarification of the Contract Documents other than those made by
MSI.
E. While at a Site,MST's employees and representatives shall comply with the specific applicable requirements of contractor'sand CLIENT's safety
programs of which MSI has been informed in writing.
Page 2of4 04 MAURER - STUTZ
CHANGES IN THE SCOPE CHARACTER OR CONTENT OF THE PROJECT: Services resulting from significant changes in the scope,extent,or character
of the portions of the Project designed or specified by MSI or its design requirements including,but not limited to,changes in size,complexity,CLIENT's schedule,
character of construction,or method of financing;and revising previously accepted studies,reports,Drawings,Specifications,or Contract Documents when such
revisions are required bychanges in laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond MST's control will require a
modification to the Agreement. Any changes,modifications or alterations to the Project's scope impacting cost or schedule will require that MSI and CLIENT
mutually agree in writing to such changes or modifications to the Scope prior to undertaking them. Price modifications due to changes in Scope in this Proposal will be
calculated by multiplying the rates given in MST's latest hourly rate schedule times the number of hours worked.
OPINIONS OF PROBABLE COST: MST's Opinions of Probable Construction Cost are to be made on the basis of MST's experience and qualifications and
represent MSI's best judgment as an experienced and qualified professional generally familiar with the construction industry. However,because MSI has no control
over the cost of labor,materials,equipment,or services furnished by Others,or over contractors'methods ofdeterninimg prices,orover competitive bidding or market
conditions,MSI cannot and does not guarantee that proposals,bids,or actual Construction Cost will not vary from Opinions of Probable Construction Cost prepared by
MSI. If CLIENT requires greater assurance as to probable Construction Cost,CLIENT must employ an independent cost estimator.
INSPECTIONS:Unless otherwise provided for in this Agreement,any inspections of existing sites,structures,mechanical and electrical systems or other physical
features ofthe Project are visual inspections only.Tests or extensive calculations are not performed unless specifically requested. CLIENT acknowledges that latent
defects may be present and agrees to indemnify and hold harmless MSI and its employees against all claims,damages and losses including attorney's fees resulting
from such latent defects.Inspections only cover the specific items listed in the Scope of Services of this Agreement.CLIENT acknowledges that the results of the
inspection are meant for CLIENT use only. CLIENT agrees to indemnify and hold harmless MSI and its employees against all claims,damages and losses resulting
from a third party's use of the results of the inspection.
NOTIFICATIONS: CLIENT represents and warrants that CLIENT has notified MSI ofany known or suspected presence of hazardous materials or pollutants at the
Project Site. Unless the Scope of Services includes investigation for hazardous or pollutant materials,MST's extent ofresponsibility shall he to notify CLIENT if the
presence of hazardous materials or pollutants on the Project Site becomes known by MSI.
ACCESS TO SITE;Unless otherwise stated,MSI will have access to the site for activities necessary for the performance of the Scope of Services. MSI will take
reasonable precautions to minimize damage to property during these activities,but has not included the cost ofrepairing or restoring any resulting damage in the Fee,
and will not be responsible for the cost of such.
CERTIFICATIONS,GUARANTEES,OR WARRANTIES:MSI shall not be required to sign any documents,no matter by whom requested,that would result in
MSI having to certify,guarantee,or warrant the existence ofconditions whose existence MSI cannot ascertain. CLIENT agrees not to make resolution ofany dispute
with MSI or payment ofany amount due to MSI in any way contingent upon MSI signing any such documents.
STANDARD OF CARE: Services performed by MSI under this Agreement will be conducted in a manner ofcare and skill ordinarily exercised by members of the
profession in the same locale practicing under similar circumstances and conditions. No other representation expressed or implied,and no warranty or guarantee is
intended or included in this Agreement,or in any report,opinion,document,or otherwise.
DESIGN WITHOUT CONSTRUCTION PHASE SERVICES: MSI shall be responsible only for those Construction Phase services expressly required ofMSI in
the Scope of Work. With the exception of such expressly required services,MSI shall have no design,Shop Drawing review,or other obligations during construction
and CLIENT assumes all responsibility for the application and interpretation of the Contract Documents,review and response to Contractor claims,contract
administration,processing Change Orders,revisions to the Contract Documents during construction,construction surety bonding and insurance requirements,
construction observation and review,review of payment applications,and all other necessary Construction Phase engineering and professional services. CLIENT
waives all claims against MSI that maybe connected in anyway to Construction Phase engineering or professional services except for those services that are expressly
required of MSI in the scope of work.
LIMITATION OF LIABILITY:MS%s Liabilih•LimiredloAmomrl oj'MSI's Compensation:To the fullest extent permitted by law,and notwithstanding anyother
provision of this Agreement,the total liability,in the aggregate,of MSI and MST's officers,directors,members,partners,agents,employees,and Consultants, to
CLIENT and anyone claiming by,through,or under CLIENT for any and all claims,losses;costs,or damages whatsoever arising out of,resulting from,or in anyway
related to the Project or the Agreement from any cause or causes,including but not limited to the negligence,professional errors aromissions,strict liability,breach of
contract,indemnity obligations,or warranty express or implied of MSI or MST's officers,directors,members,partners,agents,employees,or Consultants shall not
exceed the total compensation received by MSI under this Agreement.
MUTUAL INDEMNIFICATION: Subject to the provisions set forth herein,MSI and CLIENT hereby agree to indemnify and hold harmless each other and their
respective shareholders,directors,officers,employees,agents(and each of their successors and assigns)from any and all claims,demands,liabilities,suits,causes of
action,judgments,costs,and expenses,including reasonable attorneys'fees,arising or allegedly arising from personal injury,death,property damage,including loss of
use thereof,due in any manner to the negligence of either of them,their agents,or employees. In the event both of them are at fault,then the liability shall be
apportioned between them pursuant to their pro-rats share of negligence or fault. MSI and CLIENT further agree that their liability to any third party shall,to the
extent permitted by law,be several and not joint. These indemnities shall not terminate upon termination or expiration of this Agreement.
OWNERSHIP OF DOCUMENTS:All documents produced by MSI under this Agreement shall remain the property of MSI and shall not be used by the CLIENT
for any other purpose with out the permission of MSI.
REUSE OF DOCUMENTS:All documents,including drawings and specifications,furnished by MSI pursuant to this Agreement are Instruments ofhis Services in
respect of the Project. They are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Projector on any other project. Any
reuse without specific written verification or adaptation by MSI will be at CLIENT's sole risk and without liability or legal exposure to MSI. CLIENT shall
indemnify and hold harmless MSI from all claims,damages,losses and expenses including attorney's fees arising out of or resulting therefrom.
TERMINATION OF SERVICES:This Agreement may be terminated by the CLIENT or MSI should the other fail to perform its obligations hereunder. In the
event of termination,all reimbursable expenses and all Scope of Services rendered to date shall be paid by the CLIENT to MSI.
Page 3of4 0% MAURER - STUTZ
DELAY OF SERVICES: If a delay of services beyond the schedule agreed upon occurs for any reason other than for NISI's fault,it is understood and agreed to that
such may result in additional fees,which shall be paid by CLIENT to MSI. If additional fees will be necessary,MSI will notify CLIENT prior to providing such
services.
DISPUTE RESOLUTION:CLIENT and MSI agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations:
are unsuccessful in resolving the dispute,then the dispute shall be mediated. If mediation is unsuccessful,then the parties may exercise their rights at law.
APPLICABLE LAWS:Unless otherwise specified,this Agreement shall be governed by the laws of the State of Illinois_
COMPLETE AGREEMENT:This Agreement represents the entire understanding of the parties and may not be modified except in writing.
MISCELLANEOUS:If the CLIENT issues a Purchase Order of which this Agreement becomes part,the terms of this Agreement will take precedence in the
event of a conflict of terms. This document shall be governed by the laws of the State of Illinois. In the event that any part of this document is held invalid by
any court of competent jurisdiction,the remainder of the Agreement shall remain in full force and effect.
Accepted By: Submitted By:
CLIENT: City of Canton A MAURER-STUT' INC.
Sign: IM Sign:
Print: 1J G U Print: 14ith J.Plavec,P.E.
Title: �� Title: President
Date: d 2- Z, Date: 10/31/2023
Page 4of4 04 MAURER - STUTZ
CANTON-N. MAIN STREET CURB,SIDEWALK AND ADA RAMP IMPROVEMENTS
WEST SIDE OF N. MAIN (CHESTNUT STREET TO HARVESTER INN IMPROVEMENTS)
SCOPE OF WORK
TASK
TASK TOTAL
Preliminary Engineering $1,440
As-Built and Existing Records Review
Existing Utilities Coordination+Basefile
Topographic Survey Processing $3,580
Survey Point Cloud Processing
CADD Base Files Topo,Terrain,S3D I ORD
Pick-up Survey
Roadwa /Streetsca a Design $6,680
Design Base Files Removal, MOT, etc.
Sidewalk and ADA Curb Ramp Design
Layout Model Files
Structural Design $1,800
Basement Wall Plan, Design,and Detail
Cost Estimates $2,130
Preliminary(25%Contingency)
Final
Public Involvement $1,320
Public Meeting w/Ad'. Businesses
Plan Sheets $7,260
Cover Sheet
Index/Standards/General Notes
Summary of Quantities
Schedule of Quantities
Alignment,Ties&Benchmarks
Removal Plan
Sidewalk/ADA Curb Ramp Details
Maintenance of Traffic Details
Misc. Details
Quantity Calculations $3,270
Specials and Estimates $2,760
Estimate of Time
Estimate of Cost
Project Specific Special Provisions
Submittals to City $2,780
Preliminary Plan Discussion wl City 60%
Preliminary Pian Revisions
Final Plans, Specials, &Estimates 100%
Bidding Assistance $3,270
Prepare Bidding Documents Front End)
Answer Bidding Questions
Attend Bid/Analyze Bids
Quality Assurance $4,120
Preliminary Plan QA/QC Review
Field Check Plan-in-hand
Final PSE QA/QC Review
Administration&Management $2,030
Estimated Fee= $42,430