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HomeMy WebLinkAboutResolution #3473.~ RESOLUTION NO. 3473 A RESOLUTION APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF CANTON AND MAURER STUTZ, INC., FOR ENGINEERING DESIGN FOR POTABLE WATER TRANSMISSION MAIN WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of said Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is in the best interest of the City of Canton to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the corporate officers be and they are hereby authorized to enter into a written Agreement, copy attached as Exhibit A, with Maurer Stutz, Inc. for engineering design for potable water transmission main. 2. 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 15thday of June, 1998, upon a roll call vote as follows: AYES: Aldermen Hartford, Sarff, Phillips, Nidiffer, Shores, May. NAYS: None. ABSENT: AldermenMolleck, Meade. AP OVED: ~~, onald E. Edwards, Mayor Attest: ~, ~~~~~ ~~~it ~,c~:~.~ Nancy Whit s, City Clerk. MEMO To: Jim Snider From: Jim Elson, City Attorney ~,.5.,_. Re: Maurer -Stutz proposal for Engineering Design for Potable Water Transmission Main Date: June 11, 1999 At your request I have reviewed the agreement submitted by Maurer -Stutz, Inc. for engineering design. for the proposed new transmission line from the Water Treatment Facility at Canton Lake to the existing water distribution system of the City. The Agreement. utilizes the Standard Form of Agreement between Owner and Engineer for Professional Services and is detailed and somewhat complex nevertheless it provides for Preliminary Study, Preliminary Design, topographic- survey, hydraulic modeling, contract documents, permit applications and easement plats and Final Design. As noted in the proposal, Maurer -Stutz seeks immediate approval so that work may begin to meet an October 6, 1999 deadline through DCCA. The fee of Maurer-Stutz is estimated at $93,000 unless an increase he authorized by the City. It is noted that the standard fee would be $97,000, thus a reduction of 4.12%. The entire agreement has been reviewed by me and contains no highly unusual provisions and appears to contain the usual engineering contract language. My initiaLreaction.to paragraph-5_L was negative, but a$er further consideration I have. come to accept it as a proper exercise of proprietary rights in intellectual property. n~u~R. srurz, ~n-c. „ ENGINEERS SURVEYORS 7615 North Harker Drlve TEL 309-693-7615 PeoNa, Illlnols 61615 FAX 309-693-7616 June 4, 1999 Mr. Jim Snider Administrative Assistant City of Canton 210 E. Chestnut Canton, II, 61520 . ::.............. ,_ ~. Re: City of Canton -Engineering Design for Potable Water Transmission Main Letter Agreement for Professional Services MSI Proposal No.: 230-99022 Dear Mr. Snider: Maurer-Stutz, Inc. is pleased to submit a proposal to provide Professional Services consisting of engineering design for the above referenced project. Accordingly, please find enclosed the following documents submitted for your review, comment and execution, if satisfactory: 1. An Engineers' Joint Contract Documents Committee (EJCDC) Standard Form of Agreement Between Owner and Engineer for Professional Services including Exhibit A (HUD Special Provisions) and Exhibit B (Limitation of Liability). 2. Attachment #1 consisting of the following: (1) a summary of the proposed Scope of Work and (2) a detailed estimate of manhours associated with specific work tasks. 3. Attachment #2 consisting of a Payment Schedule and a copy ofMaurer-Stutz, Inc.'s Standard Hourly Rate Scneu::'.P for Professional Services. Maurer-Stutz, Inc. proposes to render Professional Services for engineering design including the preparation of Contract Documents (i.e. Plans and Specifications) in connection with the design of a new potable water transmission main from the City's existing Water Treatment Facility to the City's existing water distribution system approximately paralleling the alignment of the existing 16 inch diameter steel main primarily along Chestnut Street (hereinafter referred to as the "Project"). You are expected to furnish us with full information as to your requirements including any special or extraordinary considerations for the Project or special services needed, and also to make available all pertinent existing data. PEORIA ~ CANTON .,`,,. Our professional services will consist of the following primary components summarized below and discussed in greater detail in Attachment #1 (scope and manhour estimate): 1. Afield topogaphic survey sufficient in scope and detail for the production of engineering Plans and Specifications. 2. Hydraulic modeling of the City's existing water supply and distribution system sufficient in scope and detail for the engineering design of the new water transmission main. 3. Preparation of Contract Documents (i.e. Plans and Specifications) suitable for bidding for the aforementioned water transmission main (please note that no costs are included in this proposal for necessary modifications to the Contract Documents resulting from the City's selection of additional funding sources such as IEPA and Rural Development). 4. Preparation of permit applications and coordination with permitting Agencies during project review. 5. Preparation of easement plats for the Project (for the assumed alignment). Although our estimate for this project stands at approximately $97,000, Maurer-Stutz, Inc., in an effort to assist the City in meeting its budgetary limitations, hereby agees to perform the work as detailed in the attachments, for an estimated fee not to exceed $93,000, unless an increase is authorized in writing by the City. Thus, the City of Canton agees to compensate Maurer-Stutz, Inc. a fee not to exceed $93,000 based on the manhour and expense estimates presented in Attachments #1 and #2. Labor costs for all Maurer-Stutz, Inc. professionals shall be compensated at the attached Standard Hourly Rates (see Attachment #2). Additional Services Costs for outside services incurred in connection with all Basic and Additional Services for the Project (i.e. for expenses, subconsultants, etc.) shall be compensated at the rate of 1.10 times the expense. Time is of the essence in the Project, as the City expects to apply for partial project funding through the Department of Commerce and Community Affairs (DCCA) in the form of a Construction Grant from the Community Development Assistance Program (CDAP). Thus, we expect to begin work on the Project promptly upon written receipt of the City's acceptance of this ageement and to complete said Project in sufficient detail to allow the City to apply for the aforementioned CDAP Construction Grant by the October 6, 1999, deadline. Professional Services are to be rendered in the customary phases which, together with the general understandings applicable to our relationship with you, are set forth in the printed General Provisions, primarily Sections 1.1 (General), 1.2 (Study and Report Phase), 1.3 (Preliminary Design Phase), and 1.4 (Final Design Phase) thereof, and as modified by the Scope of Work (Attachment #1). Also made a part of this ageement are Attachments #1 and #2 which are attached to and made a part of this proposal. Please note that Sections 1.5 (Bidding or Negotiating Phase), 1.6 (Construction Phase), and 1.7 (Operational Phase) are not applicable to the terms of this Agreement. The City's particular responsibilities are also set forth in the printed General Provisions. ~n~au~R.srurz, ANC. „ ENGINEERS SURVEPORS `, This proposal, the General Provisions consisting of nine (9) pages plus Exhibits A and B consisting of three (3) pages and one (1) page respectively and Attachments #1 and #2 which consist of four (4) pages and two (2) pages respectively thereto represent the entire understanding between the City and Maurer-Stutz, Inc. in respect of the Project and may only be modified in writing signed by both parties. If this proposal satisfactorily sets forth your understanding of this Agreement, we would appreciate your executing each of the enclosed four (4) original copies of this Agreement in the space provided below and returning two of the originals to us for our records. Thank you with the opportunity to provide you with Professional Services on this project. We look forward to working with you on this and other future projects. Sincerely, MAURER-STUTZ, INC. vi ., S.E., President President Accepted this ~ day of 1999 City of Canton BY Title /1~r¢--y o•y-- cc: file Enclosure S:MARKET'IN~PROPOSAL~230990221agmdtr.wpd ~n~au~R. srurz, ~n-c. „ EAIGINEERS SUHVEPORS GENERAL PROVISIONS Attached to and made a part of LETTER AGREE- MENT, dated .Tl]nP_ 4 , 19~ between _ Ci t~ of Canton (OWNER) and Maurer-Stutz, Inc. (ENGINEER) in respect of the Project described therein. SECTION I-BASIC SERVICES OF ENGINEER 1.1. General. 1.1.1. ENGINEER shall perform for OWNER profes- sional engineering services in all phases of the Project to which this Agreement applies as hereinafter pro- vided.These services will include serving as OWNER'S professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil, structural, mechanical and electrical engineering services and cus- tomary architectural services incidental thereto. 1.2. Study and Report Phase. After written authorization to proceed, ENGINEER shall: 1.2.1. Consult with OWNER to clarify and define OWNER'S requirements for the Project and review available data. 1.2.2. Advise OWNER as to the necessity of OWN- ER'S providing or obtaining from others data or ser- vices ofthe types described in paragraph 3.2, and assist OWNER in obtaining such data and services. 1.2.3. Identify and analyze requirements of govern- mental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 1.2.-t. Provide analyses of OWNER'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. t.2.5. Provide a general economic analysis of OWN- ER'S requirements applicable to various alternatives. 1.2.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropri- ateexhibits toindicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER'S findings and recommendations. This Report will be accompanied by ENGINEER'S opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of--way, forcompensation forordamages to prop- erties, for interest and financing charges and for other services to be provided by others for OWNER pursuant to paragraph 3.2. The total of all such costs, allowances, etc. are hereinafter called "Total Project Costs." 1.2.7. Furnish five copies of the Study and Report doc- uments and review them in person with OWNER. The duties and responsibilities of ENGINEER during the Study and Report Phase are amended and supple- mented as indicated in paragraph 2 of Exhibit A "Fur- ther Descriptions of Basic Engineering Services and Related Matters". 1.3. Preliminary Design Phase. 1 After written authorization to proceed with the Prelim- inary Design Phase, ENGINEER shall: ~" ~ ~ 1.3.1. In consultation with OWNER and on the basis of the accepted Study and Report documents, deter- mine the general scope, extent and character of the Project. 1.3.2. Prepare Preliminary Design documents consist- ing offinal design criteria, preliminary drawings. outline specifications and written descriptions of the Project. 1.3.3. Advise OWNER if additional data or services of the types described in the first subparagraph of para- graph 3.2 are necessary and assist OWNER in obtaining such data and services. 1.3.~i. Based on the information contained in the pre- liminary design documents, submit a revised opinion of probable Total Project Costs. 1.3.x. Furnish five copies of the above Preliminary Design documents and present and review them in per- son with OWNER. The duties and responsibilities of ENGINEER during the Preliminary Design Phase are amended and sup- plemented as indicated in paragraph 3 of Exhibit A "Further Description of Basic Engineering Services and Related Matters". ~~ :~ 1.4. Final Design Phase. After written authorization to proceed with the Final Design Phase, ENGINEER shall: 1.4.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings to show the general scope, extent and character of the work to be furnished and performed by Contractor(s) (hereinafter called "Draw- ings") and Specifications (which will be prepared in conformance with the sixteen division format of the Construction Specifications Institute). 1.4.2. Provide technical criteria, written descriptions and design data for OWNER's use in filing applications for permits with or obtaining approvals of such gov- ernmental authorities as have jurisdiction to approve the design of the Project, and assist OWNER in con- sultations with appropriate authorities. 1.4.3. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Fur- nish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifica- tions. 1.4.4. Prepare for review and approval by OWNER, its legal counsel and other advisors contract agreement forms, general conditions and supplementary condi- tions, and (where appropriate) bid forms, invitations to bid and instructions to bidders (all of which shall be consistent with the forms and pertinent guide sheets prepared by the Engineers' Joint Contract Documents Committee), and assist in the preparation of other related documents. 1.4.5. Furnish five copies of the above documents and of the Drawings and Specifications and present and review them in person with OWNER. The duties and responsibilities of ENGINEER during the Final Design Phase are amended and supplemented as indicated in paragraph 4 of Exhibit A "Further Description of Basic Engineering Services and Related iVlatters". 1.5. Biddi~~Negotiating /~iritten author' on to proceed the Bidding egotiating P e, ENGINES I: 9 I.5.1. Assist OWNER in adv sing for and obtaining bids or negotiating prop for each separate prime contract for constru ,materials, equipment and services; and, w applicable, maintain a record of prospective b' rs to whom Bidding Documents have been iss ,attend pre-bid conferences an eive and p ss deposits for Bidding Docume Ir5.2. Issue addenda as appropnat interpret, clarify or expand the Bidding Docum 1.5.3. Consult with advise OWNER as to the acceptability of s ontractors, suppliers and other persons and o izations proposed by the prime - tractor(s) in called "Contractor(s)") forth por- tions e work as to which such acce ility is re d by the Bidding Documents. 1.5.4. Consult with OWNER c erning and deter- minethe acceptability of subs ' e materials and eq ' ment proposed by Contra s) when substitutio or to the award of cont s is allowed by th tdding Documents. 1.5.5. Att the bid opening, pr a bid tabulation sheets assist OWNER in uating bids or pro- po and in assembling a warding contracts for struction, materials, ipment and services. The duties and r nsibilities of ENGIN during the Bidding egotiating Phase ar ended and suppleme as indicated in paragr ~ of Exhibit A "Furth escription of Basic gineering Services and aced Matters". ~I 1.6. During th~nstruction Phase: 1. General Administ on of Construction - act. ENGINEER Il consult with an vise OWNER and act WNER's represent a as pro- vided in Articl through 17, inclusive a Standard General C ttions of the Constru n Contract, No. 1910-8 3 edition) of the E eers' Joint Contra Do ents Committee. T xtent and limitati f duties, responsib' ' sand authority NGI- i EER as assigned' id Standard Gene onditions shall not be m ed, except to [he e t provided in paragraph xhibit A "Furthe scription of Bas Engin g Services and Rel Matters" and t as INFER may oche a agree in writ' .All of NER's instructio Contractor(s) be issued through ENGINE who will have a ority to act on behalf of OtiVNER to extent provided in said Stan- dard General Con ons except as other provided in writing. 1.6.2. V' is to Site and Obser ~ ron of Constar • n. Inc ection with observa ~ s of the work Con- tr or(s) while it is in pr ess: 1.6.2.1. ENG ER shall make sits to the site at intervals a opriate to the v us stages of c struction a NGGNEER de necessary in er to obse as an experie d and qualifie esign profe onal the progre nd quality of various as is of Contracto 'work. In ad on. ENGI- ER shall prov' the services of esident Proj- ect Represent a (and assista as agreed) at th site to assis ~ GINEER an provide more c - tinuous ervation of su work. Based on ' or- matio tained during visits and on su obser- vat' s, ENGINEE all endeavor to ermine in eral if such wo s proceeding in a rdance with the Contract D menu and ENG ER shall keep OWNER i med of the progr of the work. 1.6 _. The Resident P ect Representative an ssistants) will NGINEER's ag or ployee and under GINEER's supervi ' n. The duties and respo ilities of the Resi t Project Representative d assistants) are set h in Exhibit B "Duties esponsibilities a imitation of Authorit Resident Project resentative". ._.3. The purpose NGINEER's visit o representation b e Resident Project pre- sentative (and assi ts, if any) at the site, 1 be to enable ENGIN to better carry out t duties and responsibili ' assigned to and ertaken~ b ENGINE during the construc ' Phase, an additio y exercise of ENGI ER's effort s an exp nced and qualified de '„n profession , to pro- v' for OWNER a great esree of co ence that e completed work ontractor(s ill conform generally to the C ract Docum sand that the integrity of the sign concep s reflected in the Contract Do ents has bee plemented and pre- served b ontractor(s). the other hand. EN NEE all not, Burin ch visits or as a re of s bservations of ntractor(s)' work in press, pervise, direct ave control over C ractor(s)' work nor shall GINEER have au rity over or responsibili or the means, met s, techniques, sequence r procedures of con coon selected by Contr or(s), for safety pr utions and program inci t to the work of Co ctor(s) or for any fai e 0 ontractor(s) to co y with laws. rules, ula- tions, ordinances, c s or orders applicable to Con- tractor(s) furnis ing and performing their work. Accordingly. INEER can n ' er guarantee the performan f the construc ' contracts by Con- tractor( or assume re nsibility for Cont. - tor(s ' ailure to furnis nd perform their ~ in a rdance with the ntract Documents .6.3. Defectii~e rk. During such v' sand on the basis of such servations, ENGI~ R may disap- prove of o ject Contractor(s)' ork while it is in progress ' ENGINEER belie that such work will not p uce a completed P ect that conforms g - er to the Contract Do ents or that it will u- e the integrity of th esign concept of the oject as reflected in the C ract Documents. 1.6.d. Interpr lions and Clarificati .ENGINEER shall issue essary interpretatio and clarifications of the C act Documents and i onnection therew' prepa work directive than and change or as ~1.6.~. Shop Drawin '. ENGINEER 1 review and approve (or take r appropriate ion in respect of) Shop Drawin s that term is ned in the afores ' Standard G ral Condition samples and other to which ractor(s) are uired to submit, only for c ormance with design concept of Project a ompliance wi e information giv in the Con- ct Document uch reviews and a ovals or other action shall extend to means, m ods, techniques, sequence r procedures of co uction or to safety preca ns and programs inc' nt thereto. .6. Substitutes. EN i EER shall evaluat, d determine the accept ity of substitute mat sand equipment propos by Contractor(s), b ubject to the provision o e second subparagra of paragraph 2.1.2. 1.6.7. spections and Tests.. GINEER shall ~ e aut ity. as OWNER's re sentative, to re ~ spe- ' inspection or testing the work, ands receive nd review all certi es of inspection estings and approvals requir y laws, rules, r lations. ordi- nances, codes ders or the Contr Documents (but only to det me generally that it content co s with the quirements of, and e results certi Indi- cate pliance with, the ntract Docum s). . .8. Disputes ben ~ n OWNER d Contractor. ENGINEER sh ct as initial erpreter of t requirements o e Contract D menu and j of the accepta y of the work reunder and a deci- sions on claims of OW Rand Contr or(s) relat- ing to e acceptability o the work or t interpretation 10 of the requi ents of the ontract Doc menu per- interests or enc brances or t t there may no e taining t e executio nd progres f the work. ENGIr R shall no e liable for re lt f , other matte tissue betty OWNER an on- su s o any ' tractor t might affect t amount that uld be such erpretation decisions r ered in good fai paid. . .9. Applic ons for P lent. Based on NGI- ' 1 • .Contractor( Canpletion D uments• ENGI- NEER S o ite observ ns as an erper' ced and ' ER shall recei and review m ' tenance and oper- qualified sign profe nal, on informa n provided acing instructi ,schedules, rantees, bonds and by the silent Pr ' t Representativ nd on revie certificates spection, tes nd approvals which are - ofa ications fo ayment and the ompanying to be ass led by Contr or(s) in accordanc ith a schedules: the Co act Document ut such review wil ly be to rmine that th content complie ith the 1.6. .ENGINEER I determine amounts r ~rements of, an the case ofcertific s ofinspec- owi to Contractor( nd recomm in writing on, tests and a ovals the results tified indicate p ents to Contr or(s) in suc mounts. Such compliance wi ,the Contract Do ents); and shall commendation payment w' constitute a r transmit the o O~VNER with tten comments. resentation to NER, base such observ ns and review, t the work h rogressed tot oint 1.6. ] 1 nspections. EN EER shall cond an indicated, d that, to best of EN EER's ins lion to determine the work is sub ntially knowle informatio and belief, t quality of plete and a final in coon to determin the com- such rk is genera in accordanc ith the Con- leted work is ac able so that EN EER may tr Documents bject to an a uation of such recommend, in ing, final paymen Contractor(s) rk as a func ning whole pr' to or upon S and may give 'tten notice to 0 ER and the Con- stantial Com tion, to the re s of any subse nt tractor(s) the work is acc able (subject to any tests calle r in the Contr Documents an any conditi therein expresse ,but any such rec - other ifications slat rn the recomm ation). men ion and notice wil subject to the limi ons In t case of unit p ' work, ENGI R's rec- e, essed in paragrap .6.9._. ;~ o endations of , ment will incl final deter- rnations of qu hies and class' ations of such 1.6.1?. Limitati f Respoirsibilities. INEER shall work (subject t ny subsequent ustments allow not be resp i le for the acts o missions of any by the Contr t Documents). Contract r of any subcontra r or supplier, or any of the ntractor(s)' or sub tractor's or sup is 1.6.9 By recomm ing any pay ENGI- age or employees or y other person xcept NE will not ther be deemed ave repre- GINEER's own oyees and agent t the site se d that exhaus ' , continuous o etailed reviews or otherwise furni g or performing a of the Con- examinations ve been mad ENGINEER t tractor(s)' wor owever, nothing c ained in para- check the qu y or quantity ontractor(s)' graphs ].6. ru 1.6.1 I, inclusiv all be construed as it is fur ed and perfo d beyond the r on- to releas ~ GINEER from li qty for failure to p- sibilities ecifically assi d to ENGINE in this erly orm duties and r onsibilities ass ed by Afire nt and the tract Docum ENGI- E~ NEER in the Con ct Documents. N 's review of ntractor(s)' w for the pur- es of recomm ding payments not impose on I,7, Operation ase NGINEER ponsibility to ervise, direct . control suc ork or for the ans, methods, - niques, s ences, or pro ures of constru on or Durins rational Phase, GINEER II. when ~ safety ecautions or grams incident reto or reque d by OWNER: Co ctor(s) comp ' ce with laws, es. regula- ' t s, ordinances des or orders a cable to their • 1. Provide assi nce in the cl g of any fin al rnishing and rforming thew . It will also not or related trans on for the P ect. impose res sibility on EN EER to make a examina ' to ascertain h or for what purp es 1.7.?. Pr de assistanc connection th the refin- any C ractor has used moneys paid on ount ing an justing ofa equipment ystem. of Contract Pric r to determine t title to `r.-~ of the work, erials or equipme as passed .3. Assist 0 ER in tra' g OWNS staff to to OWNER fre d clearofany lien, ems, security 11 Aerate and intain the Pr ect. 1.7`.4. Assist NER in develo g systems and cedures fo ontrol of the op ion and mainte ce of and rd keeping for Project. 1 Prepare a s reproducible r rd prints of ravings showi ose changes m during the con- struction proc , based on the ed-up prints, dr ings and of data Furnished ontractor(s) to I- NEER which ENGI R considers si cant. 1 J~ In company OWNER, vi ' e Project to serve any ap ent defects in completed co struction, ass' OWNER in co tations and di signs with ntractor(s) co ing correctio such deficie s, and maker mendations a replace- me correction o ective work. The duties an ponsibilities of GINEER du ' the Operati Phase are am d and supple ed as Indic in paragraph of Exhibit A rther Desc ' ton of Basic En ' eying Services Related ers". SECTION 2-ADDITIONAL SERVICES OF ENGINEER 2.1. Normal and customary engineering services do not include service in respect of the following categories of work which are usually referred to as Additional Services. 2.1.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGI- NEER shall perform or obtain from others such ser- vices and will be paid therefor as provided in the Letter Agreement: -Preparation of applications and supporting docu- ments for governmental financial support of the Project in addition to those required under Basic Services: preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. -Services to make measured drawings oforto inves- tigate existing conditions or facilities. -Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER'S control. -Providins renderings or models. -Preparing documents for alternate bids requested by OWNER t'or work which is not executed or for out-of-sequence work. -Detailed consideration of operations, maintenance and overhead expenses; value engineering and the preparation of rate schedules, earnings and expense ~''~ statements, cash flow and economic evaluations, feasibility studies, appraisals and valuations. -Furnishing the services of independent profes- sional associates or consultants for other than Basic Services. -If ENGINEER's compensation for Basic Services is not on the basis of Direct Labor or Salary Costs, services resulting from the award of more than one prime contract for construction, materials, equip- ment or services for the Project, or from the con- struction contract containing cost plus or incen- tive-savings provisions for Contractor's basic compensation, or from arranging for performance by persons other than the principal prime contrac- tors or from administering OWNER's contracts for such services. -Services in connection with field surveys for design purposes and engineering surveys and staking out the work of Contractor(s). -Services during out-of--town travel other than visits to the site. -Preparation of operating and maintenance manuals to supplement Basic Services under paragraph 1.7.3. -Preparing to serve or serving as a consultant or ~ .-, witness in any litigation, arbitration or other legal or administrative proceeding except where required as part of Basic Services. 2. l.?. When required by the Contract Documents in circumstances beyond ENGINEER'S control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGI- NEERwill be paid therefor as provided in the Letter Agreement: -Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensa- tion for Basic Services is not commensurate with the additional services rendered. -Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Con- tractor(s) or others in connection with the work. -Services resulting from significant delays, changes or price increases occurring as a direct or indirect 12 result of material, equipment or energy shortages. _ ~ -Additional or extended services during construc- tion made necessary by (I) work damage by fire or other causes during construction, (2) a signifi- cant amount of defective or neglected work of any Contractor, (3) acceleration of the progress sched- ule involving services beyond normal working hours, (4) default by any Contractor. SECTION;-OWNER'S RESPONSIBILITIES 3.1. OWNER shall provide all criteria and full infor- mation as to OWNER's requirements for the Project; designate a person to act with authority on OWNER's behalf in respect of all aspects of the Project; examine and respond promptly to ENGINEER'S submissions; and live prompt written notice to ENGINEER when- ever~OWNER observes or otherwise becomes aware of any defect in the work. 3.2. OWNER shall also do the following and pay all costs incident thereto: -Furnish to ENGINEER borings, probings and sub- surface explorations, hydrographic surveys, labo- ratory tests and inspections of samples, materials and equipment; appropriate professional interpre- tations of all of the foregoing; environmental assess- ment and impact statements; property, boundary, easement, right-of-way, topographic and utility sur- veys;property descriptions; zoning and deed restric- tions; all of which ENGINEER may rely upon in performing services hereunder. -Guarantee access to and make all provisions for ENGINEER to enter upon public and private prop- erty. -Provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for the Project, any auditing service required in respect of Contractor(s)' applications for payment, and any inspection services to determine if Contractor(s) are performing the work legally. -Provide engineering surveys to establish reference points for construction. -Furnish approvals and permits from all governmental authorities having jurisdiction over the Project. -If more than one prime contractor is to be awarded for construction, designate a party to have respon- sibility and authority for coordinating the activities of the various prime contractors. 3.3. OWNER shall pay all costs incident to obtaining bids or proposals from Contractor(s). SECTION 4-MEANING OF TERiV1S d.l. As used herein the term "this Agreement" refers to the Letter Agreement to which these General Pro- visions are attached and to these General Provisions, Exhibit A "Further Description of Basic Engineering Services and Related Matters" and Exhibit B "Duties, Responsibilities and Limitations of Authority of Resi- dent Project Representative", as if they were part of one and the same document. 4.2. The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER'S compensation and expenses, the cost of land, rights-of--way, or compensation for or dam- ages to, properties unless this Agreement so specifies, nor will it include OWNER'S legal, accounting, insur- ance counseling or auditing services, or interest and financing charges incurred in connection with the Proj- ect orthe cost of other services to be provided by others to OWNER pursuant to paragraph 3.2. [Construction Cost is one of the items comprising Total Project Costs which is defined in paragraph 1.2.6.] 4.3. Direct Labor Costs used as a basis for payment mean salaries and wages (basic and incentive) paid to all ENGINEER'S personnel engaged directly on the Project, including, but not limited to, engineers, archi- tects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business per- sonnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agree- ment the principals of ENGINEER and their current hourly Direct Labor Costs are: The hourly Direct Labor Costs of principals of ENGI- NEER will be adjusted equitably to reflect chanses in personnel and in ENGINEER'S overall compensation procedures and practices. 4.4. The Salary Costs used as a basis for payment mean salaries and wages (basic and incentive) paid to all ENGINEER'S personnel engaged directly on the Proj- ect, including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unem- 13 ployment, excise and payroll taxes, workers' compen- sation, health and retirement benefits, sick leave, vaca- tion and holiday pay and other group benefits. Fur the purposes of this Agreement, the principals of ENGI- NEER and their current hourly Salary Costs are: not applicable -see attached The hourly Salary Costs of principals of ENGINEER will be adjusted equitably to reflect changes in person- nel and in ENGINEER'S overall compensation pro- cedures and practices. 4.~. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER'S indepen- dent professional associates or consultants directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office facilities including furnishings and utilities: subsistence and transportation of Resident Project Representatives and their assis- tants; toll telephone calls and telegrams: reproduction of reports, Drawings. Specifications. Bidding Docu- ments and similar Project-related items in addition to those required under Section 1; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of cost plus a fixed fee, Direct Labor Costs or Payroll Costs method of pay- ment, if authorized in advance by OWNER. Reim- bursable Expenses will also include expenses incurred for computer time and other highly specialized equip- ment, including an appropriate charge for previously established programs and expenses of photographic production techniques times a factor of not applicable -see attached SECTION ~-MISCELLANEOUS ~.1. Reuse of Documents. All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGI- NEER's independent professional associates and con- sultants) pursuant to this Agreement are instruments of service in respect of the Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others: however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verifica- tion or adaptation by ENGINEER for the specific pur- poseintended will be at O~VNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGI- NEER'S independent professional associates or con- sultants, and OWNER shall indemnify and hold harm- less ENGINEER and ENGINEER'S independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verifi- cation oradaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 5.2. Opinions of Cost. Since ENGINEER has no control over the cost oflabor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER'S experience and qualifications and represent ENGINEER'S best judg- ment as an experienced and qualified professional engi- neer, familiar with the construction industry; but ENGINEER cannot and does not guarantee that pro- posals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs. OWNER .shall employ an independent cost estimator as provided in paragraph 3.?. ENGINEER'S services to modify the Contract Documents to bring the Construction Cost within any limitation established by OWNER will be considered Additional Services and paid for as such by OWNER. ~.3. Other Provisions Concerning Payments. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER'S statement therefor, the amounts due ENGINEER will be increased at the rate of l~'o per month from said thirtieth day, and in addition, ENGI- NEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. 5.4. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon 14 ~` ~d ~3 .~ . ~ ;. seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof throueh no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered to the date of termination, all Reimbursable Expenses and termina- tion expenses. 5.5. Controlling Law. This Agreement is to be governed by the law of the principal place of business of ENGINEER. 5.6. Successors and Assigns. 5.6.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives ofOWNER and ENGINEER (and to the extent permitted by paragraph 5.6.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal repre- sentatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 5.6.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (includ- ing, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing con- tained inthis paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 5.6.3. Nothing under this Agreement shall be con- strued to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 5.7. Arbitration. 5.7.1. All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the Amer- ican Arbitration Association then obtaining, subject to the limitations and restrictions stated in paragraphs 5.7.3 and 5.7.4 below. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this para- graph 5.7 will be specifically enforceable under the prevailing lata~ of any court having jurisdiction. 5.7.2. Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 5.7.3. All demands for arbitration and all answering statements thereto which include any monetary claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement is not more than 5200,000 (exclusive of interest and costs); and the arbitrators will not have jurisdiction, power or authority to render a monetary award in response thereto against any party which totals more than 5200,000 (exclusive of interest and costs). The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial of their own jurisdiction) concerning any claim, counterclaim, dispute orother matter in question where the amount in controversy of any such claim, counter- claim, dispute or matter is more than 5200.000 (exclu- sive of interest and costs). 5.7.4. No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder or in any other manner, any person or entity who is not a party to this Agreement. 5.7.5. By written consent signed by all the parties to this Agreement and containing a specific reference hereto, the limitations and restrictions contained in paragraphs 5.7.3 and 5.7.4 may be waived in whole or in part as to any claim, counterclaim, dispute or other matter spe- cificallydescribed in such consent. No consent to arbi- tration in respect of a specifically described claim, counterclaim, dispute or other matter in question will constitute consent to arbitrate any other claim, coun- terclaim, dispute or other matter in question which is not specifically described in such consent or in which the sum or value in controversy exceeds 5200,000 (exclusive of interest and costs) or which is with any party not specifically described therein. 15 5.7.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jursidiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and I 1 of the Federal Arbitration Act (9 U.S.C. §§10, 11). EXHIBITS A AND B ARE HEREBY AZTA(.~IED AND MADE A PART OF THIS AGRFII~II~T [The remainder of this page was left blank intentionally.] f'~ f 16 EXHI}3IT A APPENDIX 3-1-8 This is EXHIBITA., consisting of 3 pages, to the Agreement Between OWNER and ENGINEER for Professional Services dated June 4 , 19 99 Initial: OWNER: ENGINEER: Special Provisions ' the Agreement is amended and supplemented to include the following paragraphs as required by the Owner's funding agency: 'TITLE VI OF THE CIVIL RIGHTS ACT OF 1964" Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. "SECTION 109 OF TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974" No person in the United States shall on the grounds of race, color, creed, religion, sex, or national origin be excluded from participation in, be denied benefits or, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. "SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES" 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employ- ment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasi- ble, be directed to low-and moderate persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. The parties to this contract will certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3-1-19 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcon- tractor has been found in violation of the regulations in 24 CFR part 135. 5. The contractor will certify that any vacant employment positions, including train- ing positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those of whom the regula- tions of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in termi- nation of this contract for default or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) prefer- ence and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). "INTEREST OF MEMBERS OF A UNIT LOCAL GOVERNMENT" No member of the governing body of the Unit of Local Government and no other officer, employee, or agent of the Unit of Local Government who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct or indirect, in this contract; and the Consultant shall take appropriate steps to assure compliance. 3-1-20 "INTEREST OF OTHER PUBLIC OFFICIALS" No member of the governing body of the locality and no other public official of such locality ,who exercises any functions or responsibilities in connection with the planning or carrying out of the project, • shall have any personal financial interest, direct or indirect, in this contract; and the Consultant shall take appropriate steps to assure compliance. "INTEREST OF CONSULTANT AND EMPLOYEES" The Consultant covenants that he/she presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his/her services hereunder. The Consultant further covenants that in the performance of this contract, no person having such interest shall be employed. "AUDITS AND INSPECTIONS" The Unit of Local Government, DCCA and HUD or their delegates shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of the CDAP project and this contract, by whatever legal and reasonable means are deemed expedient by the Unit of Local Government, DCCA and HUD. 3-1-21 EXHIBIT B The preceding EJCDC Standard General Provisions shall be supplemented with the following provision(s) which shall be made a part of the original agreement and shall, in case of conflict, govern: L1_1y~TTATION OF DESIGN PROFESSTONAT_.' S T.IARTf ..TTY OWNER HEREBY AGREES THAT TO THE FULLEST EXTENT PERMITTED BYLAW DESIGN PROFESSIONAL' S TOTAL LIABILITY TO OWNER FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE PROJECT OR THIS AGREEMENT FROM ANY CAUSE OR CAUSES INCLUDING BUT NOT LMTED TO DESIGN PROFESSIONAL'S NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY SHALL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY DESIGN PROFESSIONAL UNDER THE TERMS OF THIS AGREEMENT. Severabililty and Reformation Clause Any provision or part thereof of this agreement held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. S:uvIARKETIIV~PROPOSAL~23099022Uiability.wpd ATTACHMENT #1 SCOPE OF WORK Both parties hereto agree that the following constitutes project goals, objectives, parameters, and constraints or limitations and establish hereby a periodic review procedure by which the parties can mutually evaluate progress and compliance in meeting these criteria: The City of Canton (hereinafter referred to as the "Client") and Maurer-Stutz, Inc. (hereinafter referred to as the "Engineer") hereby agree that the scope, character and content of the project shall include the work outlined herein for the preparation of Contract Documents (i.e. Plans and Specifications) for the City of Canton's Potable Water Transmission Main (hereinafter referred to as the "Project"). The Project will consist of three primary phases as follows and as detailed below: The purpose of this phase of the project is to gather, review and analyze all pertinent data and information related to the project. Specific tasks are outlined and summarized in greater detail in the attached Detailed Scope of Work (Attachment #la). Maurer-Stutz, Inc.'s general responsibilities under this phase of the project include the following: a. Gather existing data (maps, previous studies, water use data, etc.) from the City and other parties (i.e. population data, utility locations, etc.) b. Conduct a field topographic survey, sufficient in detail from which to prepare Plans and Specifications for the Project. The assumed alignment for the proposed water main (and, hence, the topographical survey) will parallel the alignment of the existing main to be replaced. It is important to note that it is assumed that the new water main will be located primarily within the existing limits of right-of-way along Chestnut Street and that the requirements for easements and easement plats will be limited to the portion of the alignment that deviates from Chestnut along Boat Dock Road, nearest the Water Treatment Plant. c. Perform a cursory review of soil maps to determine the general character of the soils in the area. It is anticipated that no soil borings will be required; therefore, no costs are included in this proposal for soil borings. If it is determined at a later date that soil borings are in fact necessary for the proper completion of the Project, the Client understands that it will impact the overall cost of the Contract. Page 1 of 4 The City's responsibilities under this phase include providing Maurer-Stutz, Inc. with all necessary information in a timely fashion to assist in the completion of this phase of the Project. Also, the City agrees to facilitate access to all properties for the purposes of field visits, site and topographic surveys, etc. Preliminary Engineering/ oncep gal Desi ng Phase The primary purpose of this phase of the Project is to (1) perform hydraulic modeling on the City's existing water distribution system to assist in the design of the Project; (2) generate a preliminary set of Contract Documents for the Project; and (3) evaluate the various permitting requirements expected to impact the Project. Specific tasks are outlined and summarized in greater detail in the attached Detailed Scope of Work. Maurer-Stutz, Inc.'s general responsibilities under this phase of the project include the following: a. Review water use records, population and growth trends, treatment plant operations, etc. in order to estimate and project future water use/demand. b. Perform a level of hydraulic modeling of the City's existing water distribution system in sufficient detail and scope to size the new finished water main from the Water Treatment Plant to the City. c. Prepare apreliminary/conceptual design for the proposed water transmission main based off of field topographic information (estimated to consist of approximately 10 sheets of plan and profile drawings at an assumed 1" = 50' horizontal scale). d. Make a preliminary assessment of the requirements for easements along the preferred horizontal alignment. Make a preliminary assessment of the requirements for permitting along the preferred horizontal alignment. f. Prepare apreliminary/conceptual design for details associated with the proposed water transmission main (estimated to consist of approximately 5 sheets of plan and profile drawings). g. Prepare for the City's use a preliminary Opinion of Probable Construction Cost and an Opinion of Probable Project Cost. Page 2 of 4 It is important to note that the scope does not include provisions for the following: studies of additional horizontal alignments for the proposed water transmission main constructing an AutoCad drawing of the City's existing water distribution system The City's responsibilities under this phase include providing Maurer-Stutz, Inc. with all necessary information in a timely fashion to assist in the completion of this phase of the Project. Also, the City agrees to perform any required fire flow tests (Maurer-Stutz, Inc. can provide the required equipment and be present for one or two of the tests) necessary for the modeling phase of the project. The primary purpose of this phase of the Project is to (1) generate a final set of Contract Documents (i.e. Plans and Specifications) for the Project appropriate for soliciting firm bids from General Contractors; (2) prepare necessary easement plats; (3) prepare the various permitting applications required for Project approval(s) and coordinate with permitting agencies as required; and (4) finalize construction and project cost estimates. Specific tasks are outlined and summarized in greater detail in the attached Detailed Scope of Work. Maurer-Stutz, Inc.'s general responsibilities under this phase of the Project include the following: 1. Prepare a final set of Contract Documents (i.e. Plans and Specifications) sufficient in scope and detail for bidding. Note that the estimate of time associated with this task does not include provisions for subsequent modifications to the Contract Documents required by supplemental funding sources such as IEPA and Rural Development. 2. Prepare easement plats (i.e. temporary and permanent easements required to construct the proposed water transmission main). Note that the estimate of time associated with this task implicitly assumes that the horizontal alignment for the new water transmission main will be within the limits of existing right-of-way along Chestnut, and that easement plat preparation will be limited to those areas along Boat Dock Road and eastward towards the Plant. Prepare permit applications and coordinate as required (see assumptions in detailed Scope of Work)with Agencies requiring permits and/or signoffs for project approval. Note that the estimate of cost associated with this item does not include any permitting fees that must be paid by the Owner of the Project. 4. Finalize the Opinion of Probable Construction Cost and the Opinion of Probable Project Cost for the project. Page 3 of 4 The City's responsibilities under this phase include providing Maurer-Stutz, Inc. with all necessary information in a timely fashion to assist in the completion of this phase of the Project. The City agrees to perform any negotiations required to obtain temporary and permanent easements for the alignment of the proposed water transmission main and pay any and all costs associated with obtaining said easements. Also, the City agrees to pay any and all application fees associated with permits and/or signoffs required by permitting Agencies. S:Vv1ARKETIN~PROPOSAL~23099022~attach l.wpd Page 4 of 4 CITY OF CANTON Proposed Potable Water Transmission Main MSI Proposal #: 230-99022 Date: May 13, 1999 Filename: S:\Marketing\Proposal\23099022\manhour.wb3 TASK ITEM PHASE I ENGINEERING SERVICES Preliminary Planning/Data Gathering 1. Gather and review available existing info. from City (kic a. existing (as-built) water maps for the area and areas b. topographical maps c. previous plans and engineering studies d. site visit with WTP personnel 2. Gather and review existing info. available from other pa a. City of Canton (growth and annexation issues) b. Fulton County c. population/land use data (WIRC) d. info. regarding growth trends in the area e. existing utility info. 1) Natural gas 2) Buried and aerial electric 3) Telephone 4) Fiberoptic 5) Water and Sewer 3. Topographical Survey a. Courthouse Research b. Recon. for property monuments c. Establish horiz. and vert. control & locate property moni d. Field Topographical Survey e. Downloading, printouts, review data for errors 4. Soil/Bedrock Characterization a. Review soil maps Total Estimated Task Manhours otals 0 0 ~ 350 350 525 500 0 0 225 225 225 225 0 225 225 225 225 0 0 1200 2660 9110 1272 0 0 350 0 Total Estimated Task Cost $19 902 CITY OF CANTON Proposed Potable Water Transmission Main MSI Proposal #: 230-99022 Date: May 13, 1999 Filename: S:\Marketing\Proposal\23099022\manhour.wb3 TASK ITEM PHASE I ENGINEERING SERVICES (cont'd) Preliminary Engineering/Conceptual Design 1. Delineate Existing and Potential Future Service Areas a. Existing Service Area delineation b. Future Service Area delineation totals 0 609 0 0 572 572 2. Determination of Basis of Design a. examine water use data/per capita use b. examine water treatment plant data (pumpage rates, pr c. determine estimated min., avg., and peak demand cony d. verify existing distribution system components e. estimate design flows f. assess impact of future demand on existing facilities 1) Distribution system 2) Treatment Plant 3) Storage facilities g. evaluate alternative materials of construction for main 3. Hydraulic Modeling for Preferred Alignment a. construct hydraulic model b. fire flow tests (assumes 10 tests throughout city) c. calibrate hydraulic model for "existing" conditions d. perform and analyze detailed model runs: 1) Average Day Demand 2) Maximum Day Demand 3) Peak Hour Demand 4) Maximum Storage Replenishment Demand 5) Maximum Day Plus Fire Flow Demand e. determination of water transmission main's diameter 572 0 794 794 794 747 0 0 2224 1612 0 603 603 603 603 550 700 t CITY OF CANTON Proposed Potable Water Transmission Main MSI Proposal #: 230-99022 Date: May 13, 1999 Filename: S:\Marketing\Proposal\23099022\manhour.wb3 TASK ITEM lals 0 4. Prepare Preliminary Plan and Profile Sheets 0 a. initial data preparation from topo survey (Basemap) 3667 b. plot out rough topo sheets (approx. 10 sheets) 343 c. establish the preferred horizontal alignment 3114 d. AutoCadd manipulation of horizontal and vertical alignmE 2870 e. Plot preliminary topo sheets (approx. 10 sheets) 368 f. Determine extent of land acquisition and easements requ 1560 g. Evaluate Permitting/Signoff Requirements 0 1) IEPA Permits 0 a. Public Water Supplies Permit 225 b. Stormwater Pollution Prevention Plan 225 2) Triplicate Permit 0 a. USACOE Permit 225 b. IDNR Permit 225 c. IEPA DWPC Permit 225 3) SHPO Signoff 225 4) County permits 225 h. Prepare preliminary construction cost estimates 900 0 5. Preliminary preparation of design details ~ 0 a. trenching/backfilling/surface restoration details 562 b. valve vaults, special structures 1972 c. thrust restraint/blocking details 281 d. interconnection details at WTP and dist. system 1548 e. special valuing details (air release, vacuum, etc.) 812 f. std. valuing details (gate valves, etc.) 562 0 6. Prepare Preliminary Design Summary Memorandum for City 306 0 7. Attend Coordination Meeting with City to discuss PreliminarL 500 0 Total Estimated Task Manhours Total Estimated Task Cost $36 145 i "• t CITY OF CANTON Proposed Potable Water Transmission Main MSI Proposal #: 230-99022 Date: May 13, 1999 Filename: S:\Marketing\Proposal\23099022\manhour.wb3 TASK ITEM otals PHASE I ENGINEERING SERVICES (cont'd) Final Engineering Design/Plan Preparation 1. Preparation and review of Final Contract Documents 0 a. Final Plan Preparation 0 1) Cover Sheet 0 2) General Notes, Legend, Abbreviations 409 3) Overview Sheet 1518 4) Plan and profile (approx. 10 sheets at 50 scale) 843 5) Standard Details (5 sheets) 10160 b. Specifications 4220 1) Front End Specifications (CDAP/Rural Developemnt) 0 2) Technical Specifications 1988 3) Special Provisions 5376 c. Preparation of easement plats 3376 d. Provide City with Ten (10) sets of Contract Documents 5172 1500 2. Finalize Construction Cost Estimates 0 900 3. Preparation of Permit Applications/Signoff Packages 0 a. IEPA Permit Application 0 1) Public Water Supply Permit 0 2) Stormwater Pollution Prevention Plan 562 b. Triplicate Permit 2224 1) USACOE Permit 0 2) IDNR Permit 562 3) IEPA DWPC Permit 350 c. SHPO Signoff 350 d. Coordination with agencies during review 456 1000 Total Estimated Task Manhours Total Estimated Task Cost $40 966 9 0 3 ~. ATTACHMENT #2 PAYMENT SCHEDULE Payment for Professional Services to be rendered under the terms of this contract is based upon Maurer-Stutz, Inc.'s Standard Hourly Rate Schedule (attached) which includes direct labor costs, overhead costs and profit. The engineering design for the Finished Water Transmission Main has been divided into three (3) primary phases. The estimated manhours and corresponding estimated costs for each of the phases is summarized below. Professional Land Surveyor 52 hrs. @ 65 $/hr. _ $3,380 Professional Engineer II 24 hrs. @ 75 $/hr. _ $1,800 Engineer I 53 hrs. @ 50 $/hr. _ $2,650 Technologist 24 hrs. @ 53 $/hr. _ $1,272 Two Member Survey Crew 10g hrs. @ 100 $/hr• = 0 0 ESTIMATED TOTAL TffiS PHASE Professional Land Surveyor 24 hrs. @ 65 $/hr. _ $ 1,560 Professional Engineer IV 8 hrs. @ 94 $/hr. _ $ 752 Professional Engineer II 110 hrs. @ 75 $/hr. _ $ 8,250 Engineer I 262.5 hrs. @ 50 $/hr. _ $13,125 Technologist 234 hrs. @ 53 $/hr. _ $12,402 Administrative Assistant 2 hrs. @ 28 $/hr. _ ~~ ESTIlVIATED TOTAL THIS PHASE $19,902 $36,145 a. Professional Land Surveyor 60 hrs. @ 65 $/hr. _ $ 3,900 Professional Engineer IV 10 hrs. @ 94 $/hr. _ $ 940 Professional Engineer II 151 hrs. @ 75 $/hr. _ $11,325 Engineer I 236 hrs. @ 50 $/hr. _ $11,800 Technologist 217 hrs. @ 53 $/hr. _ $11,501 b. Copying Services $1,500 ESTIMATED TOTAL THIS PHASE $40,966 r ~ f ,~ Therefore, based on the above estimated manhours and costs, the Total Estimated Cost for this Project is $97,013. However, as indicated in the Letter Agreement, Maurer-Stutz, Inc. hereby agrees to perform the above mentioned Professional Services on a time and materials basis not to exceed $93,000 without prior written authorization from the City. Invoicing for the above Project shall be submitted to the City monthly based on the attached Standard Hourly Rate Schedule. S:wIARKETIIV~pROPOSAL~23099022~attach2.wpd i ' + 1 MAURER-STUTI, INC. HOURLYRATE SCHEDULE ROD/CHAIN PERSON ................................................. X35.00 INSTRUMENT PERSON ................................................. 40.00 PARTY CHIEF . ........................................................ 45.00 PROFESSIONAL LAND SURVEYOR I ...................................... 65.00 PROFESSIONAL LAND SURVEYOR II ...................................... 94.00 FOUR MEMBER SURVEY CREW ......................................... 150.00 THREE MEMBER SURVEY CREW ........................................ 130.00 TWO MEMBER SURVEY CREW .......................................... 100.00 ONE MEMBER SURVEY CREW ........................................... 60.00 TECHNICIANI ......................................................... 40.00 TECHNICIAN ii ......................................................... 45.00 SENIOR TECHNICIAN ................................................... 50.00 TECHNOLOGIST ....................................................... 53.00 DESIGNER ............................................................ 56.00 ENGINEER I . .............. ........................................... 50.00 ENGINEER II . ......................................................... 55.00 PROFESSIONAL ENGINEER I ........................................... 60.00 PROFESSIONAL ENGINEER II ............................................ 75.00 PROFESSIONAL ENGINEER III ............................................ 80.00 PROFESSIONAL ENGINEER IV ........................ ,.,, 94.00 STRUCTURAL ENGINEER I .............................................. 65.00 STRUCTURAL ENGINEER II ............................................. 80.00 STRUCTURAL ENGINEER III ............................................. 98.00 CITY ENGINEER STANDARD RATE ........................................ 60.00 EXPERT WITNESS STANDARD RATE ............................... . . .... 105.00 CLERICAL ............................................................ 28.00 Effective Date: 10/01/98