HomeMy WebLinkAboutResolution #3984 RESOLUTION NO. 3984
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND
MAURER-STUTZ, INC. FOR PROFESSIONAL ENGINEERING SERVICES.
WHEREAS, the agreement under which Maurer-Stutz, Inc. currently performs general
engineering services will expire on Apri130, 2012; and
WHEREAS, the legal and ordinance committee of Canton has determined that it is necessary
and in the best fiscal interest of the City of Canton to enter into an agreement with Maurer-Stutz, Inc.
for May 1, 2012, through Apri130, 2013, for general engineering services; and
WHEREAS, the City of Canton has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby
approved by the Canton City Council.
2. That the Mayor of the City of Canton, Illinois, is hereby authorized and directed to execute
said Agreement 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, Illinois, and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois, at a regular meeting this 17 day of Anril,
2012, upon a roll call vote as follows:
AYES: Aldermen Schenck, Pasley, Fritz, West, Nelson, Ellis, Pickel, Hartford
NAYS: None
ABSENT: None
APPRO D:
Kevin R. Meade, Mayor
ATTE .
i
r
Dian P vley, City Clerk
~5 MAURER-STUTZ
E N G{ N E E R S 5 U R V E Y O N S .
STANDARD SHORT FORM PROPOSAL AND AGREEMENT FOR
PROFESSIONAL SERVICES
Client Name and Address: City of Canton
2 North Main Street
Canton, IL 61520 .
Client Contact Information: Mayor Kevin R Meade _
Project Name and Location: City of Canton General Engineering Services for FY 2012/2013
City of Canton, Illinois
Effective Agreement Date: OS-O1-2012
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:
Atiend Depa ent Head C mmittee and Council eetings as uested 2 A nd meetin s with Citv Staff.
Develo~ers Utilities IDOT etc as requested 3 Provide ~ ing~survev,~n~ design drawme develobment, contract
document pre~ration assista.nce with biddin~ and construction ~hase services ~s requested 4 Asstst the Crtv wtth
co?nnlaints concern~ and In ~nning for roadwavs sidewalks draina~e buildin¢s infrastructure Tmnrovements, etc. as
~e~uested 5 Provide construction and ~roiect cost estimates for current antici~ated or future nroiects 6.
Corre~pondence with Citv Staff Developers Contractors Utilities IDOT Railroads Sunnl~ers Manufacturers. etc• 7•
Other items as directed or requested by the City.
Maurer-Stutz, Inc. proposes to provide professional services on the Project based on the following Fee Method:
Estimated Fee: Monthly fee is estimated at $3,000. Use standard hourly rates with a IS% discount.
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 April 1, 20l 1
1'age 1 of 4
GENERAL TERMS AND CONDITIONS
TERMS OF PAYINEiVT: MSI will submit Invoices for work which has bcen completed and ~imbursable expenses incurred. lf any invoice is not paid within 30 days of
invoice date, lete payment charges of 1.5% per month, or fraction of a month, ot the highest lawful interest ratc of the state in which the CLIENTs office is lacated, will be due.
Fees are not conNngeM on CT.TEiVT receipt of funds. If irnoices imder this Agreement, or any other sgreement with CLIENT, ere not timely peid, MSI may, after giving seven
day's written notice to Ci,iENT, suspend services under this Agrecment.
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 Agreearent.
1. LUMP SUM: When the Lump Sum method is utilized, the total amount billed shall include all Direct Payroll Expense costs, ovuhead business costs, profit, ~
Reimbursable Expenses, and Subconsultant Expenses incurred by MSI. 'Ihe Lump sum shsll be a fixed amount unless a change of scope in the Scope of Serviees
occurs. If a change of the Scope of Servicea ocews, sueh ehange shaf! be consideretl additional services and billed at MSi's current Hourly Rates. Monthly invoice :
statements will be submitted based on an estimated percent of completion of the services.
2. HOURLY RATE: When tbe Hourly Rate method is utilized, Ute hourly rate shall include a11 Ditect PayroU Expense, overhead business costs, and profit due MSI for
the services. Hourly Rstes are estabtished for technical classifications of individuals. If Hourly Rates are not listed in the Agreement, they shall be the rates currendy
in use by MSI for the type of work being done.
3. MULT~LIER: When the Multiplier method is utilized, the hourly rate billed per individua] expending time on the Project shall include that individual's Direct
Payroll Expense (DPE) times a multiplier to cover overhead business costs plus pro6t. Direct Payroll Expense is defined as the total amount of an individual's tabor
cost, including basic weges and the mendatory and customsry employee benefits, such as insurance, sick leave, holidays, vacetions and others.
REIMBURSABLES: Reimbursable Expenses and Subconsultant Expenses incurred by MSI for the services shall be billed in addition to the hourly rate charges at en amouat
equal to actual cost plus 10 per cent. Reimbursable Expense is defined as the actual non-labor expenditure inwrred on the project, and may include travel, printing, telephones,
mailing, specialiud equipment tests or others. Subconsultant Expense is defined as the actual expenditune for other Firms in providing speeiatized studies, sub-sur£ace
explorations, or other services required on tlie Project.
In the event that copection proceedings are required to collect unpaid bills for MSPs services and expenses, CLIENT shall be responsible for all unpaid bilts, due interest, and all '
costs incumd in tlu collection proceedings, including but not [imited to attomey's fees, costs, uavel, and employee wages, overhead and expenses at the rate specified in this
Agrament, or at MSI's cu~rent hourly rete if no rate is specified.
ESITMATES OF FEES, BASED ONI DPE OR AT HOiTRLY RATE: Engineets 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 tUe minimum or maximwn amounts payable to Engirker under the Agreement. When estimated compensation
amounts have been stated herein and it subsequently becomes apparent to Engineer that the totat compensation amount thus estimated will be exceeded, Engineer shall give Client
written notice thereo~ allowing Ctieat to consider iu aptions, inctuding suspension or termination of Engineer's services for ClienYs convenience. Upon notice, Client and
Engincer promptly shall review the mattar of services remaining to be performed and compensation for such services. Client shall either exercise its right to suspend or termiaate
Eeginee~s services for Clienl's convenience, agree to such compensation exceeding said estimated acnount, or agree to a reduction in the remaining services to be rendered by
Epgineer, so thet totel compensetion for such services will not exceed said estimated amount when such services are completed, If Client decides not to suspend the &ngineets
services during the negotiations and Engineer exceeds the estimated amount beforc Client and Engineer have agreed to an increase in the compensation due Engineer or a
roduction in the remaining services, then Engineer shall be peid for all services rendered hereunder
CONSTRUCTION PHASE SERVICES: If, as a part of this Agreement, MSI is providing construction observation, MSI shall make visits to the construction site to observe
the progress and quality of thc conhacWr's(s) work to determine in general if such work is proceeding in accordance with the construction documents. MSI shall 7wt be required
to meke exheustive or continuous oo-site inspxtions to check quality or quantiry of such work. MSI shall not be responsible for the means, methods, techniques, sequences or
procedures of conswction 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 failwe of contractors to perForm the work in accordance with the construction documents. With respect to the Standard of Care applicable to construction
observation xrvices, note the following:
A. Engineer shall not at any time supervise, direct, control, or have authority over any contractor work, nor shal{ Bngi~er have authoriry over or be responsible for the
means, methods, teehniques, sequences, or procedures of construction selected or used by any contractor, for the safety preeautions and progems incident thereto, for
security or sefety at the Site, nor for any failwe of a contractor to compky with Laws and Reguletions applieable to such contractor's fumishing and petforming of its
wortc
B. Engineer neither guazantees the performance of eny Con~actor nor assumes responsibility for any Contractots failure to fumish and perform the Work in '
accordance with the Contract Documents.
C. Engineer shall not provide or have any responsibiliry for surety bonding or insurance-related advicq recommendations, counseling, or research, or for enforcement
of conshvction insurance or surety bonding requirements.
D. Engineer shall not be responsible for the acta or omissions of any Contractor, Subconuactor, or Supplier, or of any of their agents or employees or of any other
persons {except Engina~s own employees and its Consultants) at a Site or otherwise furnishing or performing any of a Contractots wor15 or for any decision made
regarding the Contract Documents, or any application, interpretation, or clarification of the Contract Documents other than those made by Engineer.
E. While at a Site, Enginee~s employees aad rept+esentatives shall comply with the specific applicable requirements of Cortracwt's and Owners sa4ery programs of
which Engineer has been informed in writiag.
CHAPIGES [1V THE SCOPE CIIARACI'ER OR CONTEI~IT OF THE PROJEC7': Services resulfing from significant changes in the scope, extent, or character of the
portions of the Project designed or specified by Engineer or its dcsign requirements including, but not limited to, changes in size, complexity, Owners schedule, character of
construction, or method of financing; and revising previously accepted studies, reports, Drawings, 5pecifications, or Conhact Documents when such revisions are required by
changes in Laws ar~ Regulations enacted subsequent to the Effective Date or are due to sny other causes beyond Enginee~'s control will require a modification to the Agreement
Any changes, modifications or alterations to the P[ojecYs soope impacting cost or schedule will require that 6ngineer and Clie~rt mutually agree in writing to such changes or
modifications to the Seope prior to u~xle[taking them. Price modificarions due to changes in Scope in this Proposal will be calculated by mulriplying the rates given in Engineers
latest hourly rau schedule times the number of hours worked.
m~` MAURER-STUTZ
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OPINIONS OF PROBABLE COST: Engineers opinions of probable Construction Cost are to be made on the basis of Engineers experience and qualifications and represent
Engineets best judgment as an experienced and qualified professional generaqy familiar with the cons7uction industry. }lowever, be~ause Engineer has no control over the cost
of tabor, materials, equipment, or services furnished by others, or over contractors' ~nethods of determining prices, or over competitive bidding w market conditions, Engineer
cennot and does not guerantee that proposals, bids, or actus! Construction Cost wiq not vary from opinions of probabie Construciion Cost prepared by Engineec If Owner
requires greater assurance as to probable Construction Cost, Owr~er must employ an independent cost estimator.
INSPECTIONS: Unfess otherwisc provided for in this Agreemsnt, eny inspections of existing sites, sUuctures, mechanical and electrical systems or other physical feadues of
the Project are visual inspections only. Tests or extensive calculations ere not performed un[ess specifically requested. CLIENT acknowledges thet letent defects may be prosent
and agrees W indemnify end hold harmtess MSI and its employees against all claims, damages and iosses including attomey's fees tesulting from such latent defects. Inspections
only cover the specific items listed in the Stope of Services of this Agreemenk CLIENT acknowtedges that the results of the inspection are meant for CLIENT use only.
CLIENT agrees to indemnify and hold harmless MSI and its employees against aU claims, damages and losses resulting from a third party's use of the results ofthe inspection.
NOTIFICATIONS: CLIENT represents and wairants that CLIENT has notified MSI of any known or suspected to CLIENT presence of hazardous materiels or poltutants at ,
the Site of the Project. Unless the Scope of Servicea includes investigation for hazardous or pollutant materials, MSI's extent of responsbility shall be to notify CLIENT if the
presence of hazerdous materisls or pollutents on the 5ite of d~e Projeet becomes Imowrs by MSL
ACCESS TO SITE: Unlesa otherwise stated, MSI will have access to the site for activides necessary for the performance of the Scope of Services. MSI will take reasonable
pcecautions to minimiu damaBe to property during these activities, but has not included the cost of repairing or restoring any resulting damage in the Fee, and will not be
responsible for the cost of such.
CERTIFICATIONS, GUARANTEFS, OR WARRAIYTIES: Engineer shall not be required to sign any documents, no matter by whom requested, that would resu{t in the
Engineer tsaving to certify, guerantee, or wacsant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute
with the Engineer or paymecrt of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents.
STANDARD OF CARE: Services perfomied by MSI under this Agrecment will be conducted in a manner of care and ski[l ordinarily exercised by members of the ptofession
in the same locele pcacticing under similar circumstances and conditions. Afo other representation expressed or implied, and no warranty or guarentee is intended or included in
this Agreement, or in arry report, opinion, document, or otherwise.
DESIGN WI'I'HOUT CONSTRUCTION PHASE SEBVICES: Engineer shall be rosponsible only for those Constcuction Phase services expressly ~equired of Engineer in the
Scope of Work. With the exception of sach expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction and Owner
assumes all responsibility for the application and interpretation of the Contract Documenu, review and response to Contnctor claims, contract administration, processing Change
Orders, revisions to tEie Contract Documents during construction, construction sarety bonding and insurance requirements, construction observation and review, review of .
payment appliearions, end all other necessary Conslcuction Phate engineering and professional services. Owner waives all claims against the Engineer that may be connected in
any way to Coastruction Phase engineering or professional services exceQt for those services that are expressly required oFEngineer in the scope of work.
LINIITATION OF LIABILTTY: Bngineer's Idabtlity Limited lo Amount of Er~glneer's Compensatron: To the fullest extent permitted by law, and notwithstanding any other
provision of this AgreemeM, the total liability, in the aggregate, of Engineer and Engineer's officers, direcwrs, members, partners, agents, emp[oyees, and Consultants, to Owner
and arryone claiming by, through, or under Owner for any and all clsims, losse.s, ~sts, or damages whatsoever arising out of, resulting from, or in any way related to the Project or
the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissio~, strict liability, breach of contract, indemnity obligations, or
werranry express or implied of Enginar or Engincer's o~cers, directors, members, partners, agents, employees, or Consultants shall not exceed the total compensation received
by Engineer under this Agreement
MUTUAL INDEIVIIVIFICATION: Subjed to the provisions set forth herein, MSI and CLIENT hereby agree to indemni£y and hold harmless each other snd their respective
shareholders, directors, officers, employees, agents (az~d each of their successors and assigns) from eny and all claims, demands, liabilitics, suits. causes of action, judgments,
costs, and expensea, including reasonable attomeys' fees, arising or allegedly arising from personal injury, death, properry 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 liabilify shall be apportioned between them pursuant to their
prarata share of negligence or fault MSI and CLIENT further agree that their liability to any third pariy shall, to the extent permitted by taw, be several and not joink These
indemnities shall not tetminate upon termination or expiration of this Agreemenw
OWNERSHIP OF DOCUMEN'T3: All documenu prodaced by MSI under this Agreemeut shall remain the property of MSI and shell 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, fumished by MSI parsuant to this Agreement are instruments of his services in respect of
the project. They are not intended or rzpresented to be suitable for reuse by CLIENT or others on extensions of the project or on sny other project My rouse without speciEic
written verificetion or edaptation by MSI will be at CLIEI~IT's sole risk and without liability or legal exposure to MSI. CLIENT shall indemnify and hold hazmless MSI from
all claims, damages, tosses and expenses including attorney's fees arising out of or resulting therefrom.
TERMIlNAI'ION OF SERVICES: This Agreement may be terminated by the CLIENT or MSI should the other fail to perform its obligations hereunder. In ihe event of
tcrmination, all reimbursable expenses and all Scope of Services rondered to date shell be paid by the CLIE3YT to MSI.
DELAY OF SER'VICES: If a delay of suvices beyond the schedule agteed upon occurs for any reason other than for MSl'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 coMinuing the services.
DISPUTE RESOLUTION: Owner and Bngineer agree to negotiate cach dispute between them in good faith during the 30 days after notice of dispute. If negotiations are
unsuxessful in resoiving the dispute, then the disputc shall be mediated. If inediation is unsuccessful, then the parties may exercise their rights at law.
~15 MAURER-STUTZ
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APPLICABLE LAWS: Unlcss otherwiss specified, Hus Agreemcnt shall be govemed by the laws of the State of lllinois.
COMPLETE AGREEMENT: 'Ihis Agreement represents the entire understsnding of the parties and may not be modified excepi in writing.
MISCELLANEOUS: If the CLIENT issues a Purchsse Order of which this Agreemeat becomes part, the terms of this Agrcement will take precedence in the event of a
conflict of tcrms. This document shall be govemed by the laws of the State of lilinais. In the event that any part of this document is held invalid by any court of wmpetcnt
jurisdiction, the romainder of the A~reement shall romain in full force and effect.
Accepted By: Submitted By:
CLIENT: ~ of C nton MAURER-ST Z, INC.
Sign: Sign:
Print: Print: Keith J. Plavec, P.E.
Title: Title: Vice President
Date: Date: Apri14, 2012
mSMAUREFt-STUTZ
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