HomeMy WebLinkAboutResolution #4056 RESOLUTION NO. 4056
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, 2014; 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 l, 2014 through Apri130, 2015: and,
WHEREAS,the City Council of the City of Canton has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUCIL OF THE
CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Agreement attached hereto and incorporated herein as Exhibit A was hereby
approved by the Canton City Council.
2. That the Mayor of the City of Canton, Illinois are hereby authorized and directed to
execute and deliver 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 of the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 15th day of
April , 2014 upon a roll call vote as follows:
AYES: Aldermen West, Putrich, Jim Nelson, Pickel, Justin Nelson, Ellis, Lovell,
Pasley
NAYS: None
ABSENT:
� l
� APPROVED: ��
Jeffre . Frit Iayor
ATTEST: C
'ana a -Rock, City Clerk
dw
m5 MAURER - STUTZ
E N G f N t E R S =� U R V E Y C) R S
STANDARD 5HORT FORM PROPOSAL AND AGREEMENT FOR
CITY OF CANTON CITY ENGINEER
Client Name and Address: City of Canton, Illinois
2 N.Main Street
Canton, IL 61520
Client Contact Information:Mayor Jeffrey Fritz
Project Name and Location:City of Canton General Engineering Services for FY 2014/2015
City of Canton,Illinois
Effective Agreement Date: IVIay 1,2014
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.(MSI,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 foliowing governmental services:
1. Attend Public Works,Department Head, Committee and Council Meetings as requested; 2.Attend meetings with
City Staff,Alderman, Mayor, Developers, Utilities, IDOT, etc. as requested; 3. Provide planning, surveying,
design, drawing development, contract 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 roadways, sidewalks, drainage, buildings, infrastructure improvements,etc.
as requested; 6. Provide construction and project cost estimates for cunent,anticipated or future projects; 7.
Conespondence with City Staff, Developers, Contractors, Alderman, Mayor, Utilities, IDOT, Railroads, Suppliers,
Manufacturers, Residents, etc.; 8.Assist Planning and Zoning Department with yuestions, site/plan/grading/
stormwater plan reviews; 9. 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: $114,000(use standard hourly rates with a I S%discount)
As an officer and agent of Client,M51 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 goveming municipalities. FOR OF F10E US.F,ONI_Y
Proposal No.
Project No.
Effective April l, 201 I
Page 1 of 4
CENERAL TERMS AND CONDITIONS
TERMS OF PAYMENT MSI will submit Invoices for work which has been completed and reimbursable expenses incurred. If any invoicc is not paid within 30 days of
invoice date,late payment chazges of I.5%per month,or fraction of a month,or thc highest lawful interest rate of the state in which the CLIENT's office is Iocated,will be due.
Fees are not contingent on CUENT receipt oP funds. If invoices under this Agreement,or any other ogreement with CLIENT,are not timely paid,MSI may,after giving seven
day's written notice to CLIENT,suspend services under this Agreement.
FEE METHODS: CLIEIYT shall pay MSl on the basis of one of the foUowing methods. 7'he method to be used is stated on the front page of this Agreement.
1.LUMP SUM :When the Lump Sum method is utiliud,the total amount billed shali include all Direct Payroll 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 Scope ot Services
occurs lf a change of the Scope of Services occurs,such change shall be considered 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 the Hourly Rete method is utilized,the hourly rate shall include all Direct Payroll Expense,overhead business costs,and profit due MSl for
the services. Hourly Rates are established for technical classifications of individivals. If Hourly Rates aze not listed in the Agreement,they shall be the rates currently
in use by MSI for the type of work being done.
3.MLiLTIPLIER When the Multiplier method is utilized,the hourly rate billed per individual expending time on the Project shatl include that individuaPs Direct
Payroll Expense(DPE)times a multiplier to cover overhead business costs plus profit. Direct Payroll Expense is defined as the rotal 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.
REIMBIiRSABLES:Reimbursable Expenses and Subconsultant Expenses incurred by MSI for the services shall be billed in addition to the hourly rate charges at an amount
equal to actua!cost plus 10 per cent. Reimbursable Expense is defined as the achial non-labor expenditure incurred on the project,end may include travel,printing,telephones,
mailing,specialized equipment tests or others. Subconsultant Expense is defined as the actual expenditure for other firms in providing specielized studies,sub-surface
explorations,or other services required on the Project.
In the evem that collection proceedings are required to collect unpuid bills for MSPs services and expenses,CLIENT shall be responsible for all unpaid bills,due interest,and all
costs incurred in the collection proceedings,including but not Iimited to attorney's fees,costs,travel,and employee wages,overhead and expenses at the rate specified in this
Agreement,or at MSI's current hourly rate if no rate is specified.
ESTIMATES OF FEES,BASED ON DPE OR AT HOURLY RATE:Engineers estimate of the amounts that will become payable for specified services are only estimatos for
planning purposes,are not binding on the parties,and are not the minimum or maximum amounts payable to Engineer under the Agreement When estimated compensation
amounts have been stated herein and it subsequently becomes apparent to Engineer that the total compensation emount thus estimated will be exceeded,Engineer shall give Client
written notice thereof,allowing Client to consider its options,including suspension or termination of Engineer's services for ClienYs convenienco.Upon notice,Client and
Engineer prompdy shall roview the matter of services remaining to be pedormed and compensation for such services. Client shall either exercise its right to suspend or terminate
Engineer's services for ClienCs convenience,agree to such compensation exceeding said estimated amount,or agree to a reduction in the remaining services to be rcndered by
Engineer,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 Engineer's
services during the negotiations and Engineer exceeds the estimated amount before Client and Engineer have agreed to an increase in the compensation due Engineer or a
reduction in the remaining services,then Engineer shall be paid for all services rendered hereunder
CONSTRUCfION PHASE SERVICES:If,es 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 the contractor's(s)work to determine in general if such work is proceeding in accordance with the construction documents. MSl shall not be requirod
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 ofeonstruction or for the safety precautions and programs incident to the work of the contractor. MSI does not warrant or guarantee contractors(s)work,and shall not
be responsible for the failure ofcontractors to perform the work in accordance with the construction documents. With respect to the StAndard ofCare applicable to construetion
observation services,note the following:
A. Engineer shall not at any time supervise,direct,control,or have authoriry over any contractor work,nor shall Engineer 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 contractors furnishing and performing of its
work
B. Engineer neither guarantees the performance ofany Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in
acwrdance with the Contract Documents.
C. Engineer shall not provide or have any responsibiliry for surery bonding or insurance-related edvice,recommendations,counseling,or research,or for enforcement
of construction insurance or surety bonding requirements.
D. Engineer shall not be responsible for the eccs or omissions of any Contractor,Subcontractor,or Supplier,or of any of their agents or employees or of any other
persons(except Engineer's own employees and its Consultants)at a Site or otherwise fiirnishing or performing any of a Contractor's work;or for any decision mede
regarding the Contract Documents,or any application,interpretation,or clarification of the Contract Documents other than those made by Engineer.
E. While at a Sitq Engineer's employees and representatives shall comply with the specific applicable requirements ofContractor's and Owner's safety progams of
which Engineer has been informed in writing.
CHANGES IN THE SCOPE CHARACTER OR CONTENT OF THE PROJECT: Services resulting from significant changes in the scope,extent,or charaeter of the
portions of the Project designed or specified by Engineer or its design requirements including,but not limited to,changes in size,complexity,Owne�'s schedule,character of
construction,or method of financing;and revising previously accepted studies,reports,Drewings,Specifications,or Contract Documents when such revisions are required by
changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control wiU 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 calculated by multiplying the rates given in Engineer's
Iatest hourly rate schedule times the number of hours worked.
IOC MAURER -STUTZ
Page 2 of 4 . � . . �
OPINIONS OF PROBABLE COST: Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and yualifications and represent
Engineer's best judgment as an experienced and qualified professional generelly familiaz with the construction industry. However,because Engineer has no control over the cost
of Iabor,materials,equipment,or services fumished by others,or over contractors'methods of determining prices,or over competitive bidding or market co�ditions,Engineer
cannot and dces not guarantee that proposals,bids,or ach�al Conswction Cost wil I not vary from opinions of probable Construction Cost prepared by Engineer. If Owner
requiros grcater assurance as to probable Construction Cost,Owner 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 physicsl features of
the Project are visual inspections only. Tests or extensive calculations are not perfoimed 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 attomey's fees resulting from such latrnt deFects. lnspectioos
only cover the specific items listed in the Scope ot Services of this Agrerment. CLIENT acl:nowledges 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 of any known or suspected to CLIENT presence of hazardous materials or pollutants at
the Site of the Project. Unless the Scope of Services includes investigation for hazardous or pollutant materials, MSI's extent of responsibility shall be to notify CLIENT if the
presence of hazardous materials or pollutants on the Site of the Project becomes known by MSI.
ACCESS TO SITE:Unless otherwise stated, MSl 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 of repairing or resroring any resulting damage in the Fee,and will not be
responsible for the cost of such.
CERTIFICATIOIYS,GUARANTEES,OR WARRANTIES:Engineer shall not be required to sign any documents,no matter by whom requested,thet would result in the
Engineer having to certify,guarantee,or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute
with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents.
STANDARD OF CARE: Services performed by MSl under this Agreement will be conducted in a manner of care and skill ordinarily exercised by members of the profession
in the same locale practicing under similar circumstances and conditions. No other representation expressed or imptied,and no warranty or guarantee is inunded or included in
this Agreement,or in any report,opinion,document,or otherwise.
DESIGN WiTHOUT CONSTRUCTION PHASE SERVICES: Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in the
Scope of Work. With the exception of such expressly required services,Engineer shall have no design,Shop Drawing review,or other obligations during construction and Owner
assumes all responsibiliry for the application and interpretation of the Contract Documents,review and response to Contractor claims,contract administration,processing Change
Orders,«visions to the Contract Documents during construction,construction surery bonding and insurance requirements,construction observation and review,review of
peyment applications,and all other necessary Construction Phase engineering and professional services. Owner waives all claims against the Engineer that may be connected in
eny way ro Construction Phase engineering or professional services except for those services that aro exprossly required of Engineer in the scope of work.
LIMITAT[ON OF LIABILITY:Engineer's Lia6ility Liniited to Amounl ofEngineer's Compensnrion: To the fullest extent permitted by law,and nohvithstanding any other
provision of this Agreement,the total liability,in the aggregate,of Engineer and Engineer's officers,directors,members,partners,agents,employees,and Consultants, to Owner
and anyone claiming by,through,or under Owner for any and all claims,losses,costs,or damages whatscever arising out of,resulting&om,or in any way related to the Projeet or
the Agreement from any cause or causes,including but not limited to the negligence,professional errors or omissions,strict liabiliry,breach of contract,indemnity obligations,or
warzanty express or implied of Engineer or Engineers officers,directors,members,partners,agents,employees,or Consultants shall�ot exceed the totel compensation received
by Engineer under this Agreement.
MUTUAL INDEMN[FICATION: Subject to the provisions set forth herein, MSI and CLIEIYT hereby agree to indemnify and hold hazmless each other and their respective
shareholders,directors,o�cers,employees,agents(and each of their successors end 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,induding loss of use thereof,due in any
manner to the negligence of either of them,their agenu,or einployees. [n the event both of them are at f'ault,then the liability shall be apportioned between them pursuant to their
pro-rata 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 notjoint. These
indemnities shall not terminate upon termination or expiration of this Agreement.
OWNERSHIP OF DOCLfMENTS:All documents produced by MSI under this Agreement shal!remain the property of MSl and shall not be used by the CLIENT for any
other purpose with out the permission of MSI.
REUSE OF DOCUMENTS:All documents,induding drawings and specifications,fumished by M51 pursuant to this Agreement aro instruments of his 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 project or on any other project. Any reuse without spec�c
written verification or adaptation by MSI will be a[CL(ENT's sole risk and without liability or legal exposure to MSI. CLIENT shall indemnify and hold harmless MSl from
all claims,damages,losses and expenses including attomey'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 perfortn 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.
DELAY OF SERVICES: If a delay of services beyond the schedule agreed 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 continuing the services.
DISPUTE RESOLCTTION: Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations ere
unsuccessful in resolving the dispute,then the dispute shall be mediated. If inediation is unsuccessful,then the parties may exercise their rights at law.
I�S MAURER -STUTZ
Page 3 of 4 � �°<< � � �
APPLICABLE LA�VS:Unless othenvise specified,this Agreement shall be govemed by the laws of the State of Illinois.
COMPLETE AGREEMENT:This Agrtement represents[he entire understanding of the parties and may not bc modified except in writing.
MISCELI.ANEOUS:If the CL[ENT issues a Purchase Order of which this Agreement becomes part,the terms of this Agreement will take procedence in the event of a
conflict of terms. This document shall be govemed 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 Agreemeot shall remain in fuil force and effect.
Accepted By: Submitted By:
CLIENT:City of Canton, Illinois MAURER-STUT ,INC.
Sign: Sign:
Print: �G���'�,A �� Print: eith J. P(avec,P.E.
Title: m��� Title: Vice President
Date: p ��i7�,�j.SG Date: Apri14,2014
11�5 MAURER -STUTZ
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