HomeMy WebLinkAbout#5189 Approving An Engineering Agreement for Maurer-Stutz and the City of Canton RESOLUTION NO 5189
A RESOLUTION APPROVING AN ENGINEERING AGREEMENT FOR MAURER-
STUTZ AND THE CITY OF CANTON
WHEREAS, on April 16, 2019 the Canton City Council determined that it is necessary
and in the best interests of the City of Canton to contract with Maurer-Stutz to obtain engineering
services for Fiscal Year 2020;
WHEREAS, the Illinois Municipal Code (65 ILCS 5/3.1-30-5) authorizes the City to hire
an engineer for various services for the City;
WHEREAS, the City of Canton City Council found entering into this Agreement to be
for the public benefit and in the best interest of the City and gave the Mayor the authority to
execute said Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Engineering Services Agreement attached hereto and incorporated herein as
Exhibit`A", is hereby approved by the Canton City Council.
2. 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 16`h day of
April, 2019 upon a roll call vote as follows:
AYES: Aldermen Quin Mayhew, Angela Lingenfelter,Tad Putrich, Angela Hale, Craig
West,John Lovell, Justin Nelson, Ryan Mayhew
NAYS: None
ABSENT: None
ABSTAIN:
A ROVED:
ATT T: enr A. MCDow ayor
o{
Diana Pavley-Rock, City Clerk
2
mS MAURER - STUTZ
I N G N E E I S SGFVEy0R ,
STANDARD SHORT FORM PROPOSAL AND AGREEMENT FOR
CITY OF CANTON CITY ENGINEER
Client Name and Address: City of Canton
2 N. Main Street
Canton, IL 61520
Client Contact Information: Mayor Kent McDowell
Project Name and Location:City of Canton General Engineering Services FY20
Effective Agreement Date: 04/09/2019
Pursuant to 65 I LCS 5/3.1-30-5 Client hereby appoints Maurer-Stutz,Inc.(MSI, Engineer)to serve as its City Engineer
in connection with the above referenced Project,to act on its behalf and as its agent in performing the following
governmental services:
L Attend Department Head Meetings,Public Works Meetings and Council Meetings as requested; 2. Attend
meetings with City Staff, Developers,Utilities, IDOT,etc. as requested; 3. Provide planning, surveying,design,
drawing development, contract document preparation, assistance with bidding and construction phase services as
requested for projects related to water, wastewater, system maintenance, streets, garbage, buildings and grounds,
TIF Districts;4. Assist the City with complaints, concerns and planning for sidewalks, drainage, infrastructure
improvements, etc.as requested; 5. Provide construction and project cost estimates for current, anticipated or future
projects; 6. Correspondence with City Staff, Developers, Contractors, Utilities, IDOT, Residents, etc.; 7. Assist
with evaluating water and sewer rates; and 8. Other items as directed or requested by the City.
Maurer-Stutz, Inc. proposes to provide professional services on the Project based on the following Fee Method:
Other: $85,000 (Complete work on a time and materials basis as requested by the City)
As an officer and agent of Client,MSI shall have all of the protections of the Local Governmental and Governmental
Employees Tort Immunity Act("Act")allowed by law. This Agreement is subject to and governed by the General Terms
and Conditions attached to and made a part of it,but only to the extent that they do not invalidate the protections of
the Act or any other law governing municipalities. POR Of PILL' USE ONLY
Propnsul Na.
Project No.
ICflecticc April 1. 2011
Page 1 of 4
GENERAL TERMS AND CONDITIONS
TERMS OF PAYMENT: MSI will submit Invoices for work which has been complddl and reimbursable expenses incurred Irony invoice is not paid within 30 days of
Feesoe date,late payment charges of 15%Per month,or fremion ofa month,or highest lawful Interest rate ofthe state in which the CLIENT'S office is located,will be due.
Fees are not contingent on CLIENT receipt of funds. If invoices under this Agreement,or any other agreement with CLIENT,em not imely paid,NISI may,eRd giving seven
day's written notice to CLIENT,suspend services under this Agreement.
FEEMETHODS: CLIENT shall pay MSI on the basis of one of the following methods The method to be used is narrator the front page ofthis Agreement.
s KJP-04/10/19
E.HOURLY RATE :When the Hourly Rate method is utilized,the hourly[ate shall Include all Direct Payroll Expense,overhead business costs,and profit due MSI for
the services- Hourly Rates are established for technical classifications of individuals If Hourly Rates are not listed in the Agreement,they shall be the mess eattently
in use by MSI for the type of work being done.
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RIUMBURSABLES:Reimbursable Expenmsand Snbconsulmnt Expensesincunedby MSI for the services shall be billed in addition to the hourly rate charges at an amount
equal to actual eeeFpleeo-FB-peeeer�t. Reimbursable Expense is defined as the actual non-labor expenditure ivemfed on she project,and may Include travel. Mme,
nteq g;specialoodoempmenthestscro[hers, Submnsultant Expense is defined as the actual expenditure for other firms in providing specialized studies,sub-murine
explorations,or other services required on the Projmt KJP-04/10/19
In the event that collection proceedings are required to collect unpaid bills for .NSI's services and expenses,CLIENT shall N responsible for all unpaid bills,due interest,and all
arm-ed in the collection proceedings,including but not limited to anomey's fees,mats,navel,and employee wages,overhead and expenses at the ate specified in this
Agreement,or at MSI's current hourly rate if no rate is specified.
ESTIMATES OF FEES,BASED ON DPE OR AT HOURLY RATE'.Engineer's estimate of the amounts that will become payable for specified services arc only estimates for
planning purposes,are rot binding on the parties,and arc not the minimum or maximum amounts payable to Engineer under the Agreement When estimated compensation
wriDunes have been sums!herein and it subsequently became,apparent a Engineer shot he tided compensation amount thus estimated will be exceeded,Engineer shall give Client
tten notice thereof,allowing Client to consider its options,including suspension or termination of Engineer's services for Clients convenience-Upon notice,Client and
Engineer promptly shall review the matter ofecreces remaining m be performed and mmpen,atireforsucbosymes Cliem shall either exercise its right to suspenJ or terminate
Engineerls services far Client's convenience,agree to such compensation exceeding said estimated amount,or agree to a reduction in the remaining services to be rendered by
Engineer,so that total compensation for such services will net exceed said estimated amount when such services are completed. ICCland decides novo smpend the Engineers
,ervres,during the negotiation and Engineer exceeds the estimated amount before Client and Engineer have agreed to an increase in the compensation due Engineer or a
reduction in the remaining services,then Engineer shall be paid for all services rcndcrcd hereunder
CONSTRUCTION PHASE SERVICES:If,as a part of his Agreement,MSI is providing cons mcom observation, MSI shall make visits[o the constmction site to observe
the progress and quality of the conuacmr's(s)work to determine in general if such work is proceeding in accordance with the construction documents. MSI shall not be required
to make exhaustive or continuous on-site inspections to check quality or quantity of such work. MSI shall not be responsible for the means,methods,techniques,sequences or
procedures of constmction or for the safety precautions and programs incident to the work of the comers r. MSI does net warrant or guarantee contradore(s)work,and shall not
be responsible for the failure ofeasommss to perform the work in accordance with the construction documents With restrict o the Standard of Care applicable to construction
observation services,note the following
A. Engineer shall not at any time supervise,direct,comrel.or have authority over any contractor work,not shall Engineer have authority over or be responsible for the
awasna,methods,mobso m,,sespear os,ar procedures of constmction selected or used by any contractor,for the safety precautions and programs resident thereto,for
only or safdy at the Site,nor distant failure ofa contractor to comply with Laws and Regulations applicable to such contractor's burnishing and performing of its
work
B. Engineer neither guarantees the performance of any Communist nor assumes responsibility for any Contractor's failure to furnish and petfonn the Work in
accordance with the Contract Documents.
C. Engineer shall not provide or have any responsibility for surety bonding orieoraneomlated advice.recommendations,counseling.or research,or for enforcement
of eonswction insurance or surety bonding requirements
D. Engineer shall not be responsible for the acts or missions of any Container,Subcontractor,or Supplieq or of any of their agents or employees or any other
persons(except Engineer's own employees and its Consultants)at a Site or otherwise fumishing or performing any ofa Contractors work,or for any decision made
regarding the Contract Daeumems,or any application,interpretation,or clarification of the Contact Documents other than those made by Funnier
L While at a Site,Engineers employees and represematmes shall comply with the specific applicable requirements of Contradn's and Owners safety programs of
which Engineer has been informed in writing.
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mS MAURER - STUTZ
Page 2 of 4
OPINIONS OF PROBABLE COST_ Engineer's oplomas of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent
Engineer's besrjudgment as an experienced and qualified pmfesslonal genemlly familiar with the constmction industry. However,because Engineer has no control over the cost
of labor,materials,equipment or services famished by.hers,or over contractor$methods of determining prices,or over competitive bidding or market conditions,Engineer
snot and does not goo mnhe that proposals,bids,or actual Construction Cast will not vary fmm opinions of probable Construction Cost prepared by Engineer. ICOwner
requires Severe assurance as to probable Concoction Cost,Owner must employ an independent cost estimator.
INSPECTIONS:Uulessotherwisepovidedforitthis Agreement,any inspections of existing sites,stmUurdc mechanical and electrical systems or.,her physio.]features of
he Project are visual inspections only. Tests or extensive calculations are not performed unless specifically requested. CLIENT acknowledges that latent defect may be present
and agrees to indemnify and hold harmless MSI and its employees againd all claims,damages and losses including attumeys fees resulting from such latent defects. Inspections
only emerthe specific items limed in the Scope of Serviees of this Agreement. CLIENT acknowledges that the results of he inspection ore meant for CLIENT use only.
CLIENT agrees to indemnify and hold harmless MSI and its employees against all claims,damages and losses resulting from a third patty's use off,results of the inspemicn.
NOTIFICATIONS: CIA ENT represents and warrants her CLIENT has notified MSI of any known or suspected 0 CLIENT presence of hazardous materials or pollutants at
the Site of the project Unless the Scope of Servicer includes investigation for hazardous or pollutant materials, SISTs extent of repomlbilily shall be to notify CLIENT if the
presence ofhnzardous materials or pollments on the Site of the Pe cot becomes known by MSI.
ACCESS TO SITE:Unless otherwise stated, MSI will have access to the site for activities necessary for the performance of the Scopeofgervices. MSI will mkemasonable
precautions to minimize damage to property during these activities.but has not included the cost ofrepairing or restoring any resulting damage in the Fee,and will not be
responsible for the cost of such.
CERTIFICATIONS,GUARANTEES,ORWARRANTIES Lngineer shell not be required to sign any document,no cravat by whom reque...d,thowanderveltinthe
Engineer having to certify,guarantee,or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute
with he Engineer or payment of any amount due to the Engineer in anyway contingent upon the Engineer signing any such documents
STANDARDOFCARE: Services performed by MSI under this Agreement will be conducted in a manner ofeare and skill orhnarlly exercised by members ofthe profession
in the same locale practicing un der similar circumstances and conditions. No other representation expressed or implied and no warranty or guarantee is intended or included in
this Agreement,or in any report,opinion,document,or otherwise.
DESIGN WITHOUT CONSTRUCTION PHASE SERVICES: Engineer shall be responsible only for those Construction Phase services expresaly required of Engineer in the
Scope.f Work. With the exception ofsuch expressly required service,Engineer shall have no design,Shop Drawing review,or other obligations during constrvctio t and Owner
assumes all responsibility for the application and interpretation of the Contract Documents,review and response to Contractor claims,contract administration,processing Change
Orders,revisions m the Contract Documents during construction,construction surety bonding and insurance requirements,concoction observation and review,review of
payment applications,and all other necessary Construction Phase engineering and professional services. Owner waives all claims against he Engineer that may toconnected in
any way to Construction Phase engineering or professional soreness except for those services that are expressly required of Engineer in the scope of work.
LIMITATION OF LIABILITY:Sign, ..v Gentility Limited rn, numm,n(Engun—'s Compemurion: TO the fulled extent permitted by law.and notwithstanding any other
provision Of this Agreement,the rota]liability,in the aggregate,of Engineer and Engineer's Officers,directors,members,partners,agents,employees,and Consultant, to Owner
and anyone claiming by,through,of under Owner,for any and all claims,losses,costs,or damages whatsoever arising out of,resulting from,or in any way related to the Project or
the Agreement from any cause or reuses,including but not limited to the negligence,professional errors or omlssious,social liability,breach of contract,indemnity obligations,or
warranty express or implied of Engineer or Emgineefs officers,directors,members,partners,agents,employees,or Consultants shall not exceed the total compensation received
by Engineer under this Agreement.
MUTUAL INDEMNIFICATION: Sobjectmtheprovisionssetforhhcrein, MSI and CLIENT hereby agree to indemnify and hold harmless each other and heir respective
sharehmccoodireaor;oflicers,employees agent,(and each oTheir spceessms and designs)font any and all claims,demands.liabilities,suits.causes of action,judgments,
costs.and expenses,including reasonable auomeys'f s, arising or allegedly arising from personal injury,death,property damage,including loss of use thereof,due in any
ser to he negligence of either of them,their agent,or employees In the event both of hem are at fault,then hni
e liability shall be appoo nal between them pursuant to their
pmnrata share.Cnegligenee or fault. MSI and CLIENT further agree that their liability to any third parry shall,to the extent permitted bylaw,he several and not Joint These
indemnities shall not terminate Open termination or expiration ofthis Agreement.
OWNERSHIP OF DOCUMENTS'.All documents produced by MSI under this Agreement shall remain the property of MSI and shall not be used by the CLIENT for any
other purpose with out the permission of MSL
REUSE OFDOCUMENTS:All document,includingdreoings and specifications,famished by MSI pursuant to his Agreement are instmmentsofhie services in oSpectof
thdproject They are not intended or represented to be minable for reuse by CLIENT or others on extensions of the powder or on any other project Any reusewithoutspacific
,son en verification or adapon—by MSI will be at CLIENT's sole risk and without liamin,or Icgal exposure no MSI. CLIENT shall indemnify and hold harmless MSI from
all claims,damages,losses and expenses including amomcy's fee,arising out of.,resulting herefmm.
TERMINATION OF SERVICES:This Agreement may be terminated by the CLIENT or MSI should the other fail to perform it obligations hereunder. In the event of
termination,all reimbursable expenses end ell Scope of Services rendered to date shall be paid by he CLIENT to MSI.
DELAY OF SERVICES: If a delay of services beyond the schedule agreed upon occurs for any reason other than for MST's fault,it is understood and agreed to that such may
result in additional fees,which shall be paid by CLIENT to MSL If additional fees will be necessary,MSI will notify CLIENT prior t.continuing the eeMee.
DISPUTE RESOLUTION: Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice Offshore If negotiations are
unsuccessful in resolving the dispute,then the dispute shall lad mediated. If mediation is unsuccessful,then the panics may exercise their right at law.
04MAURER - STUTZ
Page 3 of 4
APPLICABLE LAWS:Unless otherwise speeifed.this Agreement shell In governed by the laws of the Stam of Illinois.
COMPLETE AGREEMENT.This Agreement reprowas the entire understanding of the paries and may not be modified except in writing.
MISCELLANEOUS:Ifthe CLIENT issues a Purchme Order of which this Agreement becomes that,the temps of this Agreement will mke precedence in the event ofa
eonflietoftenm. This document shall law governed by the laws of the State of Illinois. In the event that any pan of this document is held invalid by any coun of compeaat
jurisdiction,the remainde,of the Agreement shall remain is full force end effect.
Accepted By: Submitted By:
CLIENT: City of Canton � MAURER-STUTZ,INC.
Sign: _ �,jV Sign: «-
�i Keith J. Plavec, P.E.
Print: (fir-n) > R � �„JH f�' Print:
0
Title: A,yp r Title: Vice President
Date: W �I �3 �-U J Date: April 9,2019
m% MAURER -STUTZ
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