HomeMy WebLinkAboutResolution #4066 RESOLUTION NO 4066
A RESOLUTION APPROVING AN AGREEMENT BETWEEN MAURER-STUTZ, (PROJECT
ENGINEER), DIXON ENGINEERING, INC (DIXON), AND THE CITY OF CANTON AND DIRECTING
THE MAYOR TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF
CANTON,ILLINOIS.
WHEREAS, the Finance Committee of the City of Canton has determined that it is necessary and in the
best interests of the City of Canton to enter into a Agreement with Maurer-Stutz and Dixon Engineering, Inc. as set
forth in Exhibit"A"attached hereto and incorporated herein; 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 COUNCIL OF THE CITY
OF CANTON,ILLINOIS,AS FOLLOWS:
1. That the Agreement attached hereto and incorporated herein as Exhibit"A" is hereby approved by the
Canton City Council.
2. That the Mayor of the City of Canton, Illinois is hereby authorized and directed to execute said Agreement
on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of
the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 20`h day of May, 2014 upon a
roll call vote as follows:
AYES: Aldermen Ellis, Justin Nelson, West, Pickel,Jim Nelson
NAYS: None
ABSENT: Aldermen Lovell, Pasley
ABSTAIN: Aldermen Tad Putrich
APPROVED:
Je fr : Fri , ayor
ATT T:
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Dian vley- ck, City Cler
NLR Resolutions
5/19/14
D'�O� 417 East IL. Route 173
Suite 106-Box 102
Antioch, IL 60002
ENGINEERING 8� INSPECTION SERVICES Telephone: (630)553-7750
FOR THE COATING INDUSTRY
PROPOSAL AND CONTRACT AGREEMENT
Legged, (Pine Street Tank), #13-29-02-02
1.,,��7 4�i �G,.�w� �C��i���J�fYtti^/
This Agreement between ' (P.�ej�cct-€�ig�erar) and Dixon Engineering,
Inc. (DIXON) for technical inspection services on the leg�ed water storage tank(Project) located at
Canton.Illinois (Owner) is as follows:
Owner
The Rtef�ee�agrees to engage DIXON for Consultin�and Insaection services hereinafter set
forth.
A. DIXON agrees to perform the Prenaration of Technical Snecifications and Contract
Documents, Proiect Administration, Pre-Construction Meeting, Weld Insnection,and
Paint Insnection Services as detailed in the attached SCHEDULE A.
�wn�,
B. ���gi�aer agrees to pay DIXON as compensation for his services, not to exceed the
sum of Twentv Two Thousaad.Four Hundred, and Sixteen dollars and Twentvi cents
($22,416.20). Terms of service fee and payment shall be detailed in SCHEDULE B. Prices
quoted in contract are subject to change ninety (90)days after proposal date.
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C. If additional services are requested by the Rr�s�-�g�ee�which are not within the
proposed scope of the services defined in SCHEDULE A, then these services will be
charged per attached SCHEDLILE C, plus reimbursable expenses.
Ow.,tr
D. The P.�e}�c���and DIXON agree to the conditions as set forth in the attached
General Provisions of the A�reement. The kr�����ee�r shall be responsible for all
provisions which refer to the Owner. Qw�-
This contract format shall include this cover sheet, Schedules A, B, C, and General Provisions. If this
proposal/contract is for more than one service, multiple Schedules A and B may be used. Any changes
in this proposal/contract should be addressed by a separate addendum.
Brad Schotanus, Project Manager January 28, 2014
PROPOSED by DIXON(Not a contract until approved by an officer) PROPOSAL DATE
S �.J��"_"s�' ' !/l�y�' C/�r ..,c;���/!
CO�1�CT A VED by R POS TION DATE
�Y e� Ow nrr�
CO SIGNATURE(if required) POSITION DATE
CONTRACT APPROVED by DIXON OFFICER POSITION EFFECTIVE CONTRACT DATE
Members: Society of Protective Coatings•American Water Works Association
Consulting Engineers Council
Page 1 of 8
SCHEDULE A
Legged, (Pine Street Tank), #13-29-02-02
C�nton,Il[inois
I. Technical Specifications & Contract Documents
A. Owner agrees:
1. Use, unaltered,the Contract Documents provided by Dixon when entering into an
agreement with the Contractor. Dixon will not unreasonably withhold a request to alter
the document. This clause is essential to protect Dixon's interest in regards to
Contractor pays for default clauses. This provision in no way creates any contractual
obligation, including those of third party ber�eficiary status, or relationship between
DIXON and Contractor.
2. Pay all advertising costs. 'The method of advertising is to be determined by the Owner.
3. Provide a place for the bid opening.
4. Open the bids received.
5. Review Payment and Performance Bonds, and insurance certificates of selected
Contractor. These should be reviewed by the Owner's insurance consultant and
attorney.
6. Sign and forward to the Contractor the notice to proceed. This Notice to Proceed will
be supplied to Owner by Dixon.
B. DIXON agrees:
l. Preparation of Technical Specifications and Contract Documents:
a. Prepare Technical Specifications and Contract Documents for project to include, but
not limited to, the following:
1) Advertisement for Bids
2) Information for Bidders
3) General Conditions
4) Detailed specifications
5) Inspection Form
6) Bid/Agreement Form
b. Address all questions, written or verbal response, concerning the project that are
submitted to DIXON. (Dixon will not be held to any non-written statement.)
c. Direct mail advertisements to Contractors who have been prior approved as capable
and conscientious by DIXON.
d. Send specifications to selected, appropriate Builders Exchanges and Dodge Reports.
e. Review the bids submitted to the Owner and recommend award based on lowest
responsible and responsive bidder.
f. Furnish Owner and Contractor the Contract Documents to complete.
Page 2 of 8
g. Furnish Owner with complete Notice to Proceed to sign and forward to the
Contractor.
II. Project Administration:
1. Project administration for the purpose of coordinating the inspection program, local
inspector assistance, secretarial services, shop drawing review, and project finalization.
2. Review Cantractor's Schedule of Values and work schedule.
3. Review shop drawings for compliance with technical specifications.
4. DIXON shall record a written record of all Project meetings with the Owner. Meeting
minutes shal l be submitted to the Owner not more than ten (10) days after the meeting.
5. Perform services expected of Engineer and detailed in the EJCDC General Conditions.
III. Pre-construction Meeting:
1. Attend a pre-construction meeting, and distribute minutes to major participants. Topics of
discussion will include Contractor's:
a. emergency response plan,
b. responsibilities to the Owner,
c. responsibilities to her/his workers,
d. responsibilities to the public
e. inspection start time
f. inspection schedule
g. liquidated damages
h. Contractor's site specific Lead, Health, and Safety Plan
i. Wha Contractor's desi�nated OSHA competent person for lead, health and safety plan
for notification and protection of the public
2. Contractor will have submittals which are to be submitted ten(10) days prior to the pre-
construction meeting. Some of these include: Contractor's schedule, ventilation, fall
prevention, canfined space, waste hauler certifications, welder certifications, etc. These
will be reviewed prior to meeting and only deficiencies discussed.
IV. Critical Phase Inspectioas:
A. Weld Inspection:
1. One(1) visit(s)to inspect repair/instal lation wark for specification compliance. All
weld repairs will be visually inspected for surface defects (i.e. undercut, negative
reinforcement, non-fusion, etc.).
V. Inspection Services:
1. Review Contractor's crew size and equipmcnt for ability to meet specification requirements
and time constraints.
2. Review abrasive and coating materials for approved manufacturers.
3. Inspect compressed air at blast nozzle for cleanliness (i.e. oil, moisture).
4. Measure surface profile created by abrasive blast cleaning by compressive tape or surface
comparator.
Page 3 of 8
5. Inspect abrasive blast cleanliness for specification requirements using SSPC Visual
Standards, latest edition thereof.
6. Review coating mixing,thinning, and manufacturer's application requirements.
7. Monitor environmental conditions prior to and during coating application(i.e. ambient
temperature, surface temperature, relative humidity, and dew point).
8. Inspect applied coating for dry film thickness, coverage, uniformity, and cure.
9. Collect appropriate samples for pre-disposal laboratory testing.
10. Prepare daily inspection report detailing above mentioned items and daily progress.
Page 4 of 8
SCHEDULE B
Legged, (Pine Street Tank), #13-29-02-02
Canton,Illinois
1. Payment for Scope of Services, Schedule A—Technical Specifications & Contract Documents,
is the lump sum fee of$3,500.00.
2. Compensation for Schedule A—Project Administration, shall be the time and material fee of
$650.00. Payment due as project progresses.
3. Compensation for participation at the pre-construction meeting shall be the lump sum fee of
$675.00, and will include preparation and travel time.
4. Compensation for weld inspection, Schedule A—Critical Phase Inspections is$675.00 based
on a$675.00 per visit fee with one�visit(s)recommended.
5. Compensation for surface preparation, coating inspection services, secretarial services, and
project management as outlined in Schedule A—Inspection Services is $16916.20. DIXON
reserves the right to send the level of inspector they feel necessary based on the Contractor,
project scope, and project progress. All fees are time and material per Schedule C. DIXON
will notify the Owner every two (2) weeks regarding the estimated budget available, and will
advise if a change in fees or change in Scope of Services is necessary. This fee and Scope of
Services are negotiable between DIXON and the Owner.
Inspection: Mobilization:
Inspection time 8 hrs.@$75.00/hr. _ $600.00 Travel time 3 hrs.(c�,$75.00/hr. _ $225.00
Secretarial 0.5 hr.@$50.00/hr. = 25.00 Mileage 163 miles @$0.60/mile = 97.80
Per Diem @$125.00 = 125.00 Total(1 way) _ $322.80
Contract Administration 0.25 hr.@$125.00/hr. = 31.25
Total Estimated Daily Fee = $781.25 Total Round trip = $645.60
x 2 trips
Total Estimate Daily Fee $781.25 Total Mobilization Costs $1,291.20
x 20 days
Total Fee $15,625.00 plus mobilization @$1,291.20=$16,916.20
6. DIXON reserves the right to adjust individual inspection line items as necessary based on the
Contractor's performance and pace of work. The total fees for Schedule B will not be
exceeded without prior approval from the Owner.
7. Invoices will be compiled after the 20�h of the month and shall include from the 20�'of the
preceding month to the 20`h of the invoiced month. Bimonthly invoicing will be completed on
larger projects, or at the Owner's request.
8. All DIXON service invoices which are paid within ten (10) days of date of issue shall be
discounted (Owner's favor) one percent(1%).
9. All DIXON service invoices which are outstanding more than sixty(60) days from date of
issue shall be assessed(DIXON's favor)one and one half percent(1'/z%) per month interest
from date thirty (30)days after date of issue.
Page 5 of 8
10. Delay in completing the work which is the responsibility of the Owner and which extends the
amount of time required for DIXON to complete their work shall be considered an additional
service, and DIXON shall be compensated for this delay under the provisions of Schedule C of
the Agreement.
1 l. Failure by the Contractor to notify DIXON of the necessity to change inspection dates more
than twenty-four(24)hours in advance and which results in unnecessaxy travel and/or expense
to DIXON shall cause this travel and expense to be considered an additional service, and
DIXON shall be compensated for travel and/or expense under the provisions of Schedule C of
the Agreement.
12. Requests for attending council meetings shall be forthcoming from the Owner in writing unless
other arrangements are made between the Owner and DIXON. Attendance of council meetings
shall be considered an additional service and DIXON shall be compensated under the
provisions of Schedule C of the Agreement.
Page 6 of 8
SCHEDULE C
Engineering Services Fees
Labor Class Per Hour *Overtime Rate
Principal................................................................................ $175.00
Expert Witness (Office, Travel & Court)...................... $185.00
Project Manager................................................... $125.00
Registered Professional Engineer............................... $]25.00
Certified NACE Inspector....................................... $100.00
Assistant Project Manager....................................... $100.00
Staff Engineer—Level III........................................ $75.00 to $85.00
Staff Engineer—Level II......................................... $70.00 to $80.00
Staff Engineer—Level I.......................................... $65.00 to $75.00
CAD Supervisor................................................... $65.00 to $75.00
CAWI or CWI Welding Inspector.............................. $100.00 to $110.00
Inspector—Level III.............................................. $70.00 to $80.00
Inspector—Level II............................................... $65.00 to $75.00
Inspector—Level I................................................ $60.00 to $70.00
CAD "I'echnician................................................... $60.00 to $70.00
Secretarial Services............................................... $50.00 & expenses
Bookkeeping Services............................................ $45.00
Project Status Meetings w/Project Engineers and Council or
Board Meetings................................................... Time and Expenses,
Including Preparation Time
*All Saturday, Sunday, and holiday inspections are overtime rate. Overtime rate is l '/� time the hourly
rate. Overtime rate does not apply to Principal.
Expenses:
Metropolitan Non—Metropolitan
Mileage............................................................ $0.70/mile ��n�iUd�ng cous� $0.60/mile
Meals& Lodging. ................................................ $145 per diem $125 per diem
(�7�av be increased based on location)
Without Lodging................................................. $35%day $30/day
Air Travel......................................................... Business fare from Grand Rapids,
Chicago O'Hare, or Milwaukee, plus full size
car rental
Material (gaskets, cathodic protection caps, etc.)............ Negotiated
FEES EFF ECTIVE THROUGH JUNE 30,2014
Revised 07/13
Page 7 of 8
GENERAL PROVISIONS—PROJECT ENGINEER:
Project Engineer shall provide all criteria and full infonnation as Project Engineer's requirements for the project;dcsignate a person to act with authority
on Project Gngineer's behalf in respect to all aspects of the Project;examine and respond promptly to DIXON's submissions;and give prompt written
notice to DIXON whenever he abserves or othenvise becomes aware of any defect in the work or breach of Contract or portions conducted by DIXON or
any Contractor.
Project Engineer shall also do the following and pay all costs incident thereto:
- Guarantee access to and make all provisions for DIXON to enter upon public and private propeRy.
- Provide such legal,accounting,independent cost estimates and insurance counseling services as may be required for the Project,and any
auditing services required in respect of Contractor(s)applications for payment,and any inspection services to detemiine if Contractor(s)is
performing the work legally.
- Provide field control surveys and fix reference points and base lines as determined necessary for good control during construction.
- Furnish approvals and permits for all govemmental authorities havingjurisdiction over thc Project.
DIXON will not be responsible nor will they pay any costs incurced in advertising or procuring bids or proposals from Contractur(s)on behalf of the
Project Engineer or the OWNER.
DIXON SERV[CE FEES(Schedule C)used as a basis for compensation for additional and/or basic services includes all salaries and waDes(basic and
incentive)paid to all personnel engaged directly on the Project inc(uding but not limited tq engineers,technica]personnel,typists and clerks. The fee
schedule also includes all fringe benefits,indirect payroll expenses,corporate overhead ratio and profit ration.
Reimbursable Expenses mean expenses incurred directly or indirecdy in connection with the for: transportation and subsistence incidental thereto;
obtaining bids or proposals from Contractor(s);fumish and maintain field o�ce facilities;subsistence and transponation of Resident Project
Representatives and their assistants;toll telephone calls and facsimile transmissiun;reproduction of Reports,Drawings,Specifications,and similar Project
related items in addition to those required under Section A;expenses of photographic produetion techniques;and,if authorized in advance by Project
Engineer,overtime work requiring higher[han regular rates.
Reuse of Documents: All documents including Drawings and Specifications prepared by DIXON pursuant to this Contract aze instruments of service in
respect of the Project. They are not intended ar represented to be suitable for reuse by Project Engineer or others on extensions of the Project or on any
other Project. Any reuse without written verification or adaptation by DIXON for the specific purposes intended will be at Project Engineer's sole risk
a�id wiU�uul liability or legal exposure to DIXON;and Project Engineer shall indemnify and hold harmless D[XON from all claims,damages,losses and
expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle DIXON to further compensation at
rates to bc agreed upon by Project Engineer and DIXON.
The services to be performed by DIXON under this agreement are intended solely for[he benefit ofthe Project Engineer and OWNER. Nothing contained
herein shall confer any rights upon or create any duties on the part of DIXON toward any person or persons not a party to this agreement. Including,but
not limited to,any contractors,subcontractors,or suppliers,or the agents,officers,employees,insurers or sureties of any of them.
Termination: The vbligation to provide further services under[his Contract may be terminated by either party upon seven days written notice in the event
nf substantial failure by the other party to perform in accorda�tce with the terms hcreof through no fault of the terminxting party. In the event of any
temiination,DIXON will be paid for all services rendered to the date of termination,all reimbursable expenses,termination expenses and anticipated
profits if termination is without fault of D(XON.
Project Engineer and DIXON each binds himself and his legal partners,successors,executors,administrators,assigns and legal representatives to the other
party of this Contract and to the partners,successors,executors,administrators,assigns,and legal representatives of such other party,in respect to all
covenants,agreemenu and obligations of this Contract.
Neither Project Engineer nor DIXON shnll assign,sublet or transfer any rights under or interest in(including but without limitation,moneys that may
become due or moneys that are due)this Contract without the written consent of the other,except as stated and except to the extent that 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 Contract. Nothing contained in this paragraph shall prevent DIXON fiom employing
such independent consultants,associates and subcontractors as he may deem appropriate to assist him in perfom�ance of services hereunder.
Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than Project Engineer and D1XON.
Dispute Resolution: All claims,counterclaims,disputes and other matters in question between the parties hereto azising out of or relating to this
Agrcement or the breach thereof will be decided through non-binding mediation by mutually agreeable partics of expeRs or lawyers. lf inediation fails,
the dispute shall be resolved in the local couR of law foUowing the laws of the State of Illinois.
Page 8 of 8
iI
D'�O� 417 East IL.Route 173
Suite 106-Box 102
Antioch, IL 60002
ENGINEERING 8� INSPECTION SERVICES Telephone:(630)553-7750
FOR THE COATING INDUSTRY
PROPOSAL AND CONTRACT AGREEMENT
Legged, (Pine Street Tnnk), #13-29-OZ-02
G:�,�o.0 '�.,,.��.. CC�;s.��„u,.�,r,--�
This Agreement between ' (R�e}e�ar)and Dixan Engineering,
Inc.(DIXON)for technical inspection services on the leEged water storage tank(Project)located at
Canton.Illinois(Owner)is as follows:
�wner
The�est��agrees to engage DIXON for Consultine and Insaecfion services hereinafter set
forth.
A. DIXON agrees to perform the Preparation of Technical Snecifications and Contract
Documents.Proiect Administration.Pre-Constraction Meetins.Weld�nsnection, and
Paint Inspection Services as detailed in the attached SCHEDULE A.
QWnr,
B. �xa}eci-F�g�eer agrees to pay DIXON as compensation for his services,not to exceed the
sum of Twentv Two Thousand,Four Hundred,aud Sigteen dollars.and Twentvi cents
($22 4• 16•20). Terms of service fee and payment shall be c3etailed in SCHEDULE B. Prices
quoted in contract are subject to change nincty(90)days after proposal date.
�w.sc•-
C. If additional services are requested by the R�e}�ee�which are not within the
proposed scope of the services defined in SCHEDULE A,then these services will be
charged per attached SCHEDULE C,plus reimbursable expenses.
4ur�'r`
D. The Pxejgs���and DIXON agree to the canditions as set forth in the attached
General Provisions of the Agreement. The P�•^�°^�:-��=eer shall be responsible for all
provisions which refer to the Owner. Qw�rr
This contract format shall include this cover sheet, Schedules A,B,C,and General Provisions. If this
proposal/contract is for more than one service,multiple Schedules A and B may be used. Any changes
in this proposal/contract should be addressed by a separate addendum.
Brad Schotanus,Project Manager January 28,2014
PROPOSED by DIXON(Not a convect until approved by an officer) PROPOSAL DATE
� (..�o'���/'%r�'-� �.�,e.^T'�' C!•aL��'71��e�
CON�{t�CT A VED by �Y Q�Law�a.�Uw►+er� POS fON DATE
CO SIGNATURE(if required) POSITION DATE
8,,�,e/ S�� rr. D,d�f,o,� ,��. s/.�8/�Y
CONTRACT APPROVED by DIXON OFFICER POSITION EFFECTIV CO TRACT DATE
Members: Society of Protective Coatings•American Water Works Association
Consulting Engineers Council
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