HomeMy WebLinkAboutResolution #4020 RESOLUTION NO. ~ UZ-~
A RESOLUTTON APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND
MAURER-STUTZ INC., FOR PROFESSIONAL ENGINEERING SERVTCES.
W~iEREAS, the Agreement under which Maurer-Stutz Inc. currently performs general
engineering services will expire on Apri130, 2013; and
WHEREAS, the Finance Committee of the City 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, 2013 through Apri130, 2014, for general engineering services; and
WHEREAS, the City Council of the City of Canton has made a similar determination.
NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CANTON, TLLINOIS, AS F~LLOWS:
1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby
approved by the Canton City Council.
2. That the Mayar of the City of Canton, Illinois, is hereby authorized and directed to execute
said Agreement on behalf of the City of Canton.
3. Tha.t 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 16~' day of April,
2013, upon a roll cail vote as follows:
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AYES: P~~~~ ~vv~~e+~ iCrt ,
NAYS: ~
ABSENT: ~ ~ ~~G.
APPROVED: ; ~
s~ i
- ' Kevin R. Meade, Mayor
ATTEST:
Diana Pa , City Clerk
~1S MAURER-STUTZ
ENCir~FF~;s sur~vFVO~s
STANDARD SHORT FORM PROPOSAL AND AGREEMENT FOR
CITY UF CANTON CITY ENGINEER
Client Name and Address: City of Canton, Illinois
2 N. Main Street
Canton, Illinois 61520
Client Contact Information: Mayor Kevin R. Meade
Project Name and Location: City of Canton General Engineering Services for FY 2013/2014
City of Canton, Illinois
Effective Agreement Date: M~y 1, 2013
Pursuant to 65 ILCS 5/3.1-30-5 and Section 10-17-2 of the Canton Municipal Code, Client hereby appoints Maurer-Stutz,
Inc. (M51, Engineer) to serve as its City Engineer in connection with the above referenced Project, to act on its behalf and
as its agent in performing the foilowing governmental services:
I. Attcnd Public Works, Department I~ead, Committee and Council Meetings as requested; 2. Attend meetings with
City Staff, Developers, Utilitics, IDOT, etc. as requested; 3. Provide planning, surveying, design, drawing
develo~mei~t, ~ontract document preparation, assistance with bidding and construction phase services as requested;
4. Assist the City with putting together budget information; 5. Assist the City with complaints, concerns and
planning for roadway, sidewalks, drainage, buildings, infi•astructure improvements, etc. as requested; 6. Provide
construction and project cost estimates for current, anticipated or future projects; 7. Correspondence with City Staff,
Developers, Contractors, Utilities, IDOT, Railroads, Suppliers, Manufacturers, Residents, etc.; 8. Other items as
directed or requested by the City.
N9aurer-Stutz, Inc. proposes to provide professional services on the Project based on the~Spllowing Fee Method:
Estimated Fee: $75,000 (Us~ s~a~~la~d ~au~lyra,~~r W~~h a is°7. s%~cou.~)
As an officer and agent of Client, MSI shall have all of the protections of the Local Governmental and Governmental
Employees Tort Immunity Act ("Act") allowed by law. This Agreement is subject to and governed by the General Terms
and Conditions attached to and made a part of it, but only to the extent that they do not invalidate the protections of
the Act or any other law governing municipalities. FOIi OF~ ICF USE ONLY
Proposal No.
Project No.
~ffective April l, 20] 1
Page 1 of 4
GENERAL TERMS AND CONDITIONS
TF.RRIS OF PAYMENT : lblSl ~vill submit Invoices for work which has been completed and reimbursable expenscs incurred [f any invoice is not paid within 30 days of
im~oice date, late payment charges of I.5°ib per month, or fraction of a month, or the highest la~~ful interest rate of the state in which the CLIENT's oftice is located, will be due.
~ces are not contingent on CLlEN7' receipt of f'unds. If invoices under this Agreement, or any other agreement with CLIENT, are not timely paid, h1SI may, aRer giving seven
day's written notice to CLIENT, suspend services under this Agreement.
FEE METHODS; CLItiNT shall pay NISI on thc basis of one of the following methods. 'l~he method to be used is slated on the front page of this Agreement.
1. LUMP SUM When tl~e I.ump Sum method is utilized, the total amount billed shall include all Direct Payroli Expense costs, overhead business costs, protit,
Reimbursable Expenses, and Subconsultant Expenses incurred by MSI. The Lump sum shall be a fixed amount unless a change of scope in the Scupe of Services
occurs. If a change of the Scope of Services occurs, such change shall be considered additional services and billed at MSPs current Hourly Rates. Monthly invoice
statements will be submitted based on an estimated percent of completion of thc scrvices.
2. HOURLY F2ATE 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 dassitications of individuals. If Hourly Rates are not listed in the Agreement, they shall be the rates currently
in use by b1S1 for the type ofwork being done.
3. D9ULTIPLICR When d~e M~dtiplier method is utilizcd, the hourly rate billed per individual expending time on the Project shall include that individual's Direct
Payroll Expcnse (DPC) times a multiplier to cover overhead business costs plus profit. Direct Payroll Expense is defined as the total amount of an individuaPs Iabor
wst, including basic wages and the mandatory and customary employee bene6ts, such as insurance, sick leave, holidays, vac~tions and others.
REIMBURSABLES: Reimbursable Expenses and Subconsultant Fxpcnses incurred by MSI for the services shall be bitled in addition to the hourly rate charges at an amount
equal m actual cost plus 10 per cenL Reimbursable Expense is detined as the actual non-labor expenditure incurred on the project, and may include travel, printing, telephones,
mailing, specialized equipment tests or others. Suhconsultant Expensc is detined as thc actuaf cxpendihire for other tirms in providing specialized studies, sub-surCace
explorations, or other services required on the Project.
In the event that collection proceedings are required to collect unpaid bills for N(SI's services aod expenses, CLiENT shall be responsible for all unpaid bills, due interest, and all
costs incurred in the collection proceedings, including but not limited to attomey's fees, costs, travel, and employee wages, overhead and expenses at the rate specified in this
Agreement, or at M1iSI's curtent hourly rate if no rate is specitied.
F.STI.NLATGS OP i'~ES, BASED ON DYE 012 AT HOURLY RATE. Engineer's estimate ofthe amounts that will become payable for specified services are only estimates for
planning purpases, are not binding on the parties, and are not the minimum or maximum amoimts payable to Engineer under the Agreement. When estimated compensation
amowits havc been stated herein and it subsequently becomes apparent to Engineer that the total compensation amount thus estimated will be exceeded, Engineer shali give Client
~sritten notice thereof, allowing Client to consider its optians, including suspension or tennination of Engineer's services for ClienYs convenience. Upon notice, Client and
Engineer promptly shal I review the matter of services remaining to be performed and compensation for such services. Cl ient shall either exercise its right to suspend or terminate
Engineer's services fur ClienPs convcnience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by
Engineer, so that total compensation for such services ~vill not exceed said eslimated amount when such services are completed. If Client decides not to suspend the Enginee~'s
services during the negotiations and Engineer exceeds the estimated amoimt before Client and L-neineer have agreed to an increase in the compensation due Engineer or a
rcduction in the remaining services, then Engineer shall be paid for all services rendered hereunder
CONSTRLICTION PHASL SERVICCS. f f, as a part of this Agreement, 111S1 is providing construction observation, MSI shall make visits to the consVUCtion site to observe
the progress and quality of the cnntractor's(s) work to determine in general if such w~rk is proceeding in accordance with the construction documents. MSI shafl not be required
to make e~~austive or continuous on-site inspections to check quality or quantity of such work. MSI shall not be responsible for 81e means, methods, techniques, sequences or
procedures of construction or for thc safety precautions and programs incident to the work uf the wntractor. MSI does not warrant or guarantee contractor's(s) work, and shall not
bc responsible tor thc failure of contractors to perform the work in accordance wifh thc cautruction documents. Witl~ respect to the Standard of Care applicable to construction
observation services, note the f'ollo~ving
A F.ngineer shall not at any time supervise, direct, controf, or have authority over any contractor ~vork, nor shall Engincer havc authority over or be responsible for the
means, methods, techniques, sequences, or procedures of consnuction selected or used by any contractor, for the safeq~ 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 fiimishing and perfonning of its
work
B. Cngineer 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. Engineer shall not provide or have any responsibifiry for surety bonding or insurance-related advice, recommendations, counseling, or research, or for enforcement
of constniction insurance or surety bonding requirements.
D. F.ngineer shalt not be responsible for the acts or omissions of any Contractar, Subcontractor, or Supplier, or oFany of their agents or employees or of any other
persons (except Engineer's owm emplnyees and its Considtants) at a Site or otherwise furnishing or perfonning any of a Contractors work; or For any decision made
regardin~ the Contract llocuinents, or any application, interpretation, or clariticatinn of'the Contract Documents other than those made by Engineer.
E. While at a Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contracto~'s and Owners safety programs of
which Engineer has bccn informed in writing.
CHANGF,S IN THE SCOPE CHARACTGR OR CON"1'EN'T OF THE PROJECT: Services resulting from significant changes in the scope, extent, or character of the
portions of the Project designed or specified by Engineer or its design requiremenu including, but not limited to, changes in size, complexity, Ownei s schedule, character of
construetioq or method of financing; and revising previousiy accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by
changes in Laws and Regulations enacted suhsequent to the Effective Date or are due to any other causes beyond Engineer'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 Engineer 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 calcufated by multiplying the rates given in Engineer's
latest hourly rate schedule times the number oFhours worked,
m~MAURER-STUTZ
i...~.F... ,uF,i.ons
Page 2 of 4
, .
OPINIO~S OH't'R0131LiLG COST: Eneineer's uPiniai~s of probable Consmuccion Cos[ are to be madc on fhe Uasis of tingineer's experiencc and quali6cations and represent
Engineer's best judgmcn[ ~s ~n expesience~
zuid qualitied professional generally iamiliar ith the constructiun industry. 1-lo~vever, because Engineer has no cantrol over ihe cost
uF IE+bor, ma[erials, equipnienl, ~r services furni;hed by odiers, or uver confractnrs' method. of decerminin~_ }~rices, or over competitive bidding or inarket conditions, Engineer
cannat nnd di~e, not guarantee that proposal;, bicls, or actual Construciiun Cosi ~ciU no[ vary fiorn opinions of probablc Construction Cost prepared by Gngineer. IfO~+ner
requires grenter avsu~ance a~ to ~~rob,ible Constn~ction Co,Y. O~cner must cmploy an inclependent cost estimafor,
1\SPL''CP10:1S: Unless ~ither~vise pro~~iiied for in this rlgrecmenk, anv inspections of e~istine sites, s[iuciures, mechanical and electrical sy-stems or other physical features of
the Project are ~ isual inspecuons only. "Ces[, or extensive calculations are not pertimned unla;s Srec ific111y rcquested. CI,[~N`I' ackno~i~ledges that letent defects may be present
and ugmes to indeinnify vid hold harmless \aSl an~l its employces againsi ull claims, damages anci losses ine(udin~ ~ttorney's Tees residting from such latent Aefects. Inspections
only cov~r the specitic items ]i;ted in the Scope uf 3ervices ~~f this :lgreemrnt. CC.IF.NT acknowledees that the results of the inspection are meant for CLIENT use only.
CLIE:N'I' agrees to indemnify and hold h<<nnless M11S1 and its employees akainsl all claims, damttees and lo,ses resulting ticim a third party's use of the res~dts ofthe inspection.
:~'U'1'IF ICA"1'IONS: CI,ITNT represents and ~tarrunts tliut CLI~N'C has ttutiTied 1iS1 of anv knotin~ or si~speeted to CLI~NT presence oYhazardous materials or pottutants at
the Siie of~the Project L;nless thc Scupe of Services inciudes investigation fix hazardous or pollulant matenats, MSI's extent of responsibility shall 6e to notif'y ('1:I~NT if the
presence ot h:~zlydous materials ur pollutants on the S ite of the Project becomes known by 1'IS[
ACCF;SS "i'O SI"1'F;: Uniess aUier~vise stotzd, Nf51 ~vill hei~-e nccess to the site f'or nctivities necessaro for the pecf'ormance ol'the Scope of Serviees. 1ISI will Utke reasonable
precautians tu ir~inimize dzunagc to prc~perty durino these aetivitie~, but I~as not included the cust of repuirine nr resinring any tesulting damage in tl~e T~"ee, an~l m~i(I n~t be
responsibie For thc cust ofsuch.
CF,I2"('tl~ (f 1"TIi)NS, f7C;AIt:1Y'I'I;LS, Ol't ~'1 ARRAR'I'1lS : F..ngmeer sh:~ll not be reqttired [a sizn a~y doccimen[s, no mHitrr by whqm requestecl, thnt tvo~dd result in the
F..ngiucer having [o certitj, guarantet, or tivarrant the existence af cunditions ~~~hose eristence the Cngineer cannot ascectain. Vevner agrees ~rot fc~ make resolutivn oFany dispute
~vith the Eneineer or paymenf oCany amount due to the Enginier in any w°ay contin~ent upon thc F..~gineur signing ai~y such documents.
S~IANBARD OT C-\RF;': Services pertc,~med try MSl urider this lgreemenl will he conclucte.l in a manncr ofcare and skill ordinarily exercued by mtmbers oPtf~e p~fession
in the se,me ine~ic practicine u~yder similar circumstanczs and conditiuns. No other represen[ation expressed or iiuplied, tmd no warranty or guarantee is intended or included in
thic Agreemrnt, or m any report, opinior. docun-~ent, or o[hen~~ise.
I>k:SlGN \l l'Tiltll;T CC)NS`PRLG"I'IOh PI1.~SL S[~.RVIt'I:S ~ngine~r siiall be rt:sponsible only fi~e tl~ose C.onstruction Phase servicey expressly required oFEngineer in ihe
Scoi,c: of W'ork. \~~ith the exception e~f si.z~h ezpressly required sei~~ices, [:naineer sh.~(1 hcive no desi_n, ~hop Drawine ravie~ro•, e~r ni'her nbligaiions tli.irin~ epnstrui:tion and Owner
a,sumzs ~dl responsibiliry tor the a~~plication and inter~xettition ot the Cnntraci Uoeume~iis. rzview and response to Conirnetor cllims, contracl: actminisirntion, proeessing Chan~e
i~ruers, revision, to the C~ontrart Ducuin~r,ts during ~on~truciror~, cor~suustion suretq bunding and insurance requiremenls, construction e~bservation and rer•iew, review of
p~iymeni applieations, and all otlier neccssnry Construction Phase engineering eind professional services. O~vner waives all claims against the En~~ineer thai may be connected in
,iny tivay to Consfruction Pha,e cngin~crint~ or proftssional Scrvices except for tliose services diat ure ex~~re,sly mquired af 6naineer in the scope oi'tivork.
LIRi17'A'1'IO~ (:)F I.,1;161LIT1' F,'ngir2aer's I,iaG!)i!y l,ineu~~d to ;rr7aa~ru v{'Fngireeer'.r Compe».satran: To the fullest extent penniiTed by taw, and not~a'ithstanding any other
1?r~ivi ,ion af this Agreemer.t, ihf: t~ilaii liabili:~, in the aggregate, ai (:n~~iricer jn~ Lu~~;neer'ti o(ticers, directcirs, rnernbers, paruiers, agerris. zmployees, and Consul[~nts, to O~at~er
and anyone ciaimixas l~v. [hr~~uaJs, or snnler (J~tiner tor anv and all cl~~ims, lotitie~, costs, er damagss u•hntsor.ve~r aris!na out af, resulli~lg from. or in a~y ovay re!ated to the Pro.ieci or
the Aereement hnm any caus~ or cai.iscs, inclucling but not limited co fhe nE ligence, professional errors or c~missians, stricr liab ~iry, l;reach of contract, indemnity ~bl:gatians, ar
~v~rzanty etpre,s or implied of Eneineer or E n~inecr's ofliccrs; direc•rors; me~mbe.rs, F~ami~r,, aeents, empluvees, or Consultanis shall irot ~xceed the total compensatinn reeeived
by Engineer under this AKr~cmeni
iUC~7'i;AL 1 VBk;~h~ICVt1~1CA'~C'iON: Suhject to thz pruvisians set forth nerein, MSI tjnti CI.,IE:~T' iierebq a~rce to indemni,ty ac~d hold I~armlcss each pther and their respective
sharehulders, directors, o8'icers; employ~ees, ~LC-nts (~nd eacii oCtheir siiccesscxs :~nd :issig~~,} frrun :zn,y aud all c(aims, dem~u~ds, liabilities, suits ca~uses of ~ction,.judgments;.
ce; fa, and ex,~;i~se,, iircludhi, rc~u~. iai:ls zrton~eys' fee>, arisiiig c~ ~~~l:e~;edty arisin~ frnm pecsona' injury, dcath, properry ~iarnag~, i~acluding tu~s of use thereof, due in any
manr~rr tu th~ ueelivence ~~Fcinc~x of [hem, thFir aIIpnfs, or ~*npto~~ces. !~i d;e even? boih of them are at iaalt, thei~ ihe IiaUility sl~all be appcirtioned betwean them pursuant to iheir
Cuo-reita shar~ u( i~~eli~unce ~n faulf. Al51 i~nd CL1EtiT furtlier t:~ree that thcir li.ibilin• to any cl~ird p<7rty shall, to the extent permitted by la~v, be sevecal and not joint_ These
indcmnifies s3a>all n~.~t tax~rninate t7pon tenuination or es~~iru~ian t~fthi, Agreemrrtl.
D1~~NICit[i1~~t11` t~t~ I)i}t t~~TIiN7:ti: Rill docurrients produced ~y ~ISI unucr dus ,lnreemenr~ shall remain [l~e pr~pert}~ of !4151 and shnCl noi be used by the CL1EN'Y tor Any
other purpos~ tivith oizt the permission of ~~iSl.
RliUSF OF D(7CUIFIL'ti"t'S All dc~cuments, including clricvings and specificatiuns, fu:nished by it951 pursuant to tl7is Agreement are instnwients o1'his services in respect of
the prc~iecf "Chey are not intexided nr represeritetl tu bc~ suitable for reuse by CL.LBNT ar uthers on extcnsions oP the nroject or un any odier }:r~~ject. Aay reuse wifhout speciiSc
tivrittcn vcritication or adaptatiun by ~951 ~~~ill be at CLIEN"I"s sole risk and ~i iprouf liability nr legal exposure to 1~7SI. CL1EN'I' sh~ll indemnify and hold hnnnless MSl from
uill clairns, dam;:~es. losses ~nd expeGUes incfutling ~titorneY's fees arising out of or resulting therei'ront
°i~C ftnlliVA'l~it3\ UF `i[~:[t~'IC:T~:ti :'i'his AgrecmenC m~y he terminated by 'the C'L1tiN'I' ar ~ISI shauld the other Eail to perform ii~ obligatiiv7s hemun~iec In ihe event of
tt~ :ration; ~II re.ii~~i~ursable exp~n,c .;a7-~d all Sco~se qf Services re:ider~cl Iu da(e 5tiall be~ paid by [he C;LIEN~' to N751.
L)IiL ~1 {)1~~ ;9:I:L`1C:I,S: If ~7 ~I~ 3~~y~ uY ~crviccs b~po;~d ~~ie ;cli~~~alc a~,ree~. GG~~,~u uc~~i > foi [i~:y rea,on other thin 9br A~ISPs fault, i4 is urAdersto~d and abreed to C~hat such may
r~5uit i'r, adduwr,ra~ Ice,, ~,r,i~~ sh~Ji hc ~,~i~i by C~1..i~NT to <tiSl. ](adrliti~,na 9ees v.~~il he n?cessary, f4iS1 ~t~iil nutii~y f:C.IE:'~'I' prior tn contir.uing the serviees.
7)ItiPIJTP: )ii:501.,LITIQti: Ow~ne~r.md Ln~ineer agree- tu n~gotiete each disE~u~~e betw~an tlren~ in ~;ood faith tluring ihe 30 days after notic~ o£dispute. If ne~otiarions Are
unsuccessi'ul in resola•ing the disputc, then the dispuze sh~Il I~e mediatecl. If inediation is ~msuccessPul, then the p~uiie, ma~ exercise their righis at I~sv.
(f~~ MAURER-STUTZ
Page 3 of4
~ ~
APf'L.ICAI3L.1; LA4YS: Unle;s t~fhenvise specified, tlris ,~greemriit sl~all be guverned by the la~vs of the S~late of Illinois.
COh]C'I..L'1'1~ AGItGGAIEti'1':']17i, ~lgreement represenis ihe eniire tmderstanding ofthe parties and ma~~ not bcanoditiud excepl in writing.
h11S(.".[;LL:1NGOliS: I1'lhe CLICN"P issues a Purchase Order cif which this Agreement bzcomes part, the ferms c~f this Agreemenf will take precedcnce in i'he event of a
contlict of tenn,. This documeni shall he eoverned by the laws of the Stale oE Illirioii In thr event that any part of this document is helci invalid Uy s~m~ court of competent
jurisdiciion, the remainder af the Agrcement sha~l remain in lul1. ('orce anci ef(ect.
Accepted By: Sut~mitted By:
CLICNT: City of Cant n, 111inois 119A.LJR~R-STUTZ, .INC.
Sign: ~
Sign: '
Pt-int:~V,`y1 ~ M~d~o, Print: eith J. Plavec, P.E.
Title: ~a~~r- Title: Vice President
Date: ~pT
~
5"~ a,0 I~ l)ate: April 5, 2013
pi~MAURER-STU7Z
Pa~e4afi4 ~_,~..E.~