HomeMy WebLinkAbout#5190 Approving an Engineering Agreement for Maurer-Stutz and the City of Canton RESOLUTION NO 5190
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" day of
April, 2019 upon a roll call vote as follows:
AYES: Aldermen Quin Mayhew, Angela Lingenfetter, Tad Putrich, Angela Hale, Craig
West, John Lovell, Justin Nelson, Ryan Mayhew
NAYS: None
ABSENT: None
ABSTAIN:
JZAPP OVED:
K nt A. McDowe .yor
ATTES '
Diana Pavley-Rock, City Clerk
2
�5 MAURER - STUTZ
E11GINEE11 51111 V E 101 ,
STANDARD SHORT FORM PROPOSAL AND AGREEMENT FOR
PROFESSIONAL SERVICES
Client Name and Address: Cityof Canton
2 N. Main Street
Canton,IL 61520
Client Contact Information:Joe Carruthers,Utility Manager
309-224-7100;jcanuthers@cantoncityhall.org
Project Name and Location: High Service Pump Replacement and Cleaswell Connection Improvements
Canton Water Treatment Plant-Canton,IL
Effective Agreement Date: 04-11-2019
Client hereby authorizes Maurer-Stutz,Inc. (MSI,Engineer)to provide Professional Services in connection with the
above referenced Project. Client's Project, of which Engineer's services under this Agreement are a part, is generally
identified as follows:
See Attached Scope of Work for Engineering Design and Bidding Phase Services.
Construction Phase Services will be a separate contract.
Maurer-Stutz, Inc.proposes to provide professional services on the Project based on the following Fee Method:
Estimated Fee: $110,000
This Proposal is subject to and governed by the General Terms and Conditions that are attached to hereby made a part
of this agreement.
FOR OFFICE USE ONLY
Proposal No.
EEE
Project No
6ffccm c April 1. 2011
Pagel of 4
GENERAL TERMS AND CONDITIONS
TERMS OF PAYMENT: MSI will submit Imoica for work which has ban<ompined eta reimbursable expenses incwred. If any invoire u ms paid within 30 drys.f
invoice dein,lam Iaymrnt C CLIENT
L3 per meth,Or Rection n a mons,or the highest lawfl interest me of the Cute N which the CLIENT',office is Noted,will bs due.
Fees main no6cc ant on CLIENT receipt mffns. Ifinvoices undo this Agreement or any other agrtemem with CLIENT,are not timely paid,MSI may,aha giving seven
day's written notice m CW ENT,suryentl mrvittx.der this Agreement.
FEEMETHODS: CLIENT shallpry MSI on thebmisofaneofthefollowingiummis. Themethodtobeusedissmtedonthef."qts ofthu Agreement.
1. HOURLY RATE:When We Hourly Ram method is utilized,the hourly me shall include all Direct Payroll Expense,overhnd business cors,and profit due MSI for
the servicer Hourly Rams tic esablishd foneehnirel dauificnioos of intlividtuls. If Hourly Renes arc not listed in the Agreement they shall be the roes cumntly
in use by MSI for the type of work being dote.
REIMBURSABLES.Reimbursable Expenses and Subc.m.0 rat Expense,Ncumd by MSI for the services shall be bilhtl in addition to the hourly rate charges at an amount
equal m Not cast gra-IYIn'-awl. Reimbursable Expert is defined as the actual ram-labor....man.incurred on tM1e prjec4 and may indutle roved,pmtwgvt mild, au
mailing;1pmialiud equipment tesa or others. S.bcamultam Expense is defined m the acral mpcndime for m1m,firms in providing speciahttd sandier, sub.ncce
explantima,or other servicer repirM on the Pmjcn.
In the event that collection proceedings art ropird to collect unpaid bills for MSI',services and expense,CLIENT shall be responsible for all unpaid bills,due internal,and all
cars normal in the collection pm ccohn,al.including bur oat limited to atwmry's fee,,casts,travel,and employee wages,overhead and expenses at the me specified in thin
Agreemml,or at MSIS curet hourly me if no rate is specified.
ESTIMATES OF FEES,BASED ON DPE OR AT HOURLY RATE:Enginer's estimate ofthe amounts Nn will become payable for specified scrvicm are only estimntm for
planning purposes,am not binding an the parties,said tie oat the minimum or maximum amounts payable m Engineer under the Agreement. When estimated compensation
prommus have been,mind herein and it subsequently becomes apparent on Engineer that the tocol compcmati m amount Nus atirm d will be exacted,Engineer shall give Client
written notice thereo4 allowing Client to consider ire options, including metrication or maturation of Engineer's services for Client's convmimce. Upon ounce, Clam andi
Engineer promptly shall¢view the matter of unites remaining to be performed and compensation fm such servicer. Client stall either exercise its right to smpend or terminate
Engineers services for Client's convenience,agree to tech compensation exceeding said estimated amount,or agree to a reduction in the remaining servicer to be«mdmd by
Engineer,m ttat appal compenntion far such smites will not meed mid estimated amount when such services art complete. If Client derides nm to smpend dm Engincerr
services during the negotiations and Engineer excurst Ne estimated amount befit Clint and Engineer have agreed to an increase in the compensation due Engineer or a
«duction in the remaining services,than Engineer shall be pad for all services indicted hereunder
CONSTRUCTION PHASE SERVICES:If,as a Far of Nis Agreement.MSI is pmvidiM mnstmetian obsmation,MSI shall make visits in the construction site to obmrve
the program and quality of the mmnnOeS(s)work to Common in genual if such work is proceeding in aceoNance with the construction documews, MSI shall not be regdrtdi
to make cxhamtive or continuous on-site inspections in check quality or quantity of such work. MSI stall not be mspomible for the means,method ,techniques,maluences a
procedurm ofcomauctwn er for tta saftypfecmtiom aM programs iwidern t. he.tk of the connector. MSl dam not wartant wguarantee contnctars(s)work,eta stall opt
be mspomible fw the failme of connector to pMom the work f mcoN w with the mmtmctton dmuments. With respect to the Standard of Can applicable to construction
observation smites,ware she following:
A. Engineer shall not at any time supervise,direct,con.pL ortave amhooryaverany contracmr wwk,nor stall Engineer have unt over or be responsible future
comm,medical,techniques,stalactites,or pmcdures ofconstmction seleeted or used by any commma for the safety prommions ant programs incident therein,for
security w safety at the Site,nor for any hilum of a contrmr to comply with Laws and Regulations applicable to such cmtractoes famishing ant performing of its
walk
B. Engineer neither gd mntea the performance of any Convector war resumes responsibility for any Contrtoea fail.. m furnish..it perform the Werk in
a«ordancs with the Contract Documents.
C. Engineer Aill not provideorham myfmponsibilityfrs=m WMingorinwmarelawd advice.recommendations,counseling,or research,wformf.emm,
of eomtmction msunnro or surety bonding req.inments.
D. Engineer shall rot ta responsible fm the-%or....tons of any Contractor,Subcontractor,or Supplier,or of any of their agents or employee or of any other
perm(except Engineer,own.,toy.end its Commulmms)m a Site or mherv,da finishing or peRorming any of a Contractors work;or for my derision made
regarding the Cow act Documents,or my application,inaRmnion,or clarification ofthe Contract Documrnts other than thou made by Engineer.
E. While u•Site,Engineer's employees ant rapresenmtiver shall dimply with We specific applicable requirements of Contrtds and Games safety programs of
which Engmeerhas been informed in writing.
CHANGES IN THE SCOPE CHARACTER OR CONTENT OF THE PROJECT: Services resulting from significant etamges in the scope,extent,or character of the
portions of the Project designcd or specified by Engineer or its design requirements including,but cwt[hired to,changes in sits,complexity,Owners schedule,character of
construction,or methal of financing;and rev§ing previously accepted smdics,reports,Drawings,Specification,or Contract Documents when such revision am requiredi by
changes in Laws ant Repletion eomred subsequent to the Effenive Date or are due many other causes beyond Engimers capitol will require a modification to the Ager¢nem.
Any changes,modifications or altaatiom to the Pr jet's scope impacting cast or schedule will require that Engineer and Client mutually agree in writing to such changes or
mdificetima m the Scoot prior m undamking them. Price modifiradam due to changes in Scope in this Proposal will be calculated by multiplying the urn giver in Enginxts
latest hourly nm rehdule times the number of hours worked.
m$ MAURER - STUTZ
Page 2 of 4
OPINIONS OF PROBABLE COST: Engineers opinions of probable Caaauc um Co...,.be made code e basis of Engineers experience and qualificasbtu cord represm[
Engineers bastjtdgmem an m experienced and qualified professional generally familiar with the comtm<liom iuder,. However,bemuse Engi«err ha no control ova du cast
of labors d dran d,, uipmrnq or urvica famished or others,err aver con Coin methWs very
from rinio prices,or over mmpsitionb of prepared
mvby Engineer. Engineer
rime mtl don nm auaranra than probable
Com,bids,or amid Caawdim Coin will not vary from opinion of probable Construction Cat prepared by Engineer. If Owner
requires grater assurance a Ip probable Comhuaiu Cat Owner must employ an iMepmtlenl coo arimnm.
INSPECTIONS:Unless otherwise provided for in this Agreement,any impm one of cmiling sites,structures,mechanical and electrical systems or other phyikal forts of
The Projm,an,sisal inspections only. Tats or acumive calculations are not performed unless specifically requested. CLIENT acknowledges that Imam defect,may be Turned
and agree to indemnify and hold bandana MSI and its employees against all claims,damages and Irina including atmneys fns¢salting firm such ham,def«ts. Inspections
only cover the specific items listed in ted Scope or services of this Agreemme CLIENT acknowledges[kir the sults of the inspection arc meant for CLIENT ere only.
CLIENT nares To indemnify and hold hamtless MSI and its employees against all claims,damages and loxes resulting from a thiml parry's use Plum rtsulu of the inspection.
NOTIFICATIONS: CLIENT represents and waennrs man CLIENT has notified MSI ofany known m suspected to CLIENT presence of hamrdoos mammils or pollutmm m
the Siu of Ne Project Unless the Scope of Servina includes investigation for haaarrous or pollutam materials,MSTs extent of responsibility shall be to notify CLIENT if Ne
presence ofhamrdas materials err polluunm on the Six of the Projm becomes known by MSI.
ACCESS TO SITE:Unless otherwise stated,MSI will hive«cies to the site included
t necessary for the s or munce of the Supe of damage, MSI will anke reasonable
peenufioro b minimum ito damage to property during thou activities, but has not included the con o(rtpeiring or encoring any resulting damage in the Fee,end will not be
rcxponsible for[he cost ofsuch.
CERTIFICATIONS,GUARANTEES,OR WARRANTIES:Engineer skill not be requirad to sign my documents,no matter by whmn requsded,that would result in the
Fsgineer,having to artify,sweram e,err wi mant the indiu ncr of coMidions whose astimnce the Engineer cannot uncertain. Owner agrees not in make resolution ofmy dispute
with the En,mer or Payment ofanya rmand due to the Engineer in my way contingent upon the Engineersigning any such documents.
STANDARD OF CARE: Services performed by MSI oda this Agreement will be conducted in a manner of cam and skill oedinarily eximiced by members otitic pmfmion
in[M1e same Tonle Pr«Odn6 oder simile circumstmcn all caMitias. No other rcPra<motian expensed or implied,crud no warranty or guenmtt a interWed err inrludetl in
this Agrmm�q err in any report,opinion,document arathcrwix.
DESIGN WITHOUT CONSTRUCTION PRASE SERVICES: Engineershall be rmpoaible only f a ll ox Conmnctiom Phase service espmssly required of Engin.in the
Scopeof Work. Will,the exception ofsuch expressly required services,Engineer shall have on design,Shop Dewing review,or other obligations during construction and Owner
roes ell 5iom to the fm ted t Documents
construction,
o(nu Contract surety
b review and rtspmtu ro Camnerm claims,romans adminimalian,pro<ming review
of
Orders,revision to the Calmed Documents during ion phase c, construction surety condi se and ins c rtqu s all claims
s awctt the
oburveer t and review,review of
my way salimiom,and all other necaory Caarmcm l phase engineering and pot iaal services. puna waives all claims eget a the Engineer that may be corrected in
my way to Caatrxtion Ptia¢engineering orpmf ioulservicu caceptfor those xrvicx tbbrt expassly required ofEnginnrin the xap ofwmk.
LIMITATION OF LIABILITY.Engineer',Liability Limited to Amwmr ofEnginxrk Compensation: To the fullest extent permitted by law,and notwithstanding my other
provision of,his Agreement,the total liability,in the aagregme,of Engineermd Engineers offeem,mr¢tors,mambas,partners,agents,employees,and Consultants, m Owner
are gremclaiming by,tlrougM1,errunder Owner for not
limitclaims,loess,costs,errdamages wham«scanningauro(resiltmgram,or inanyanyrelinedathe Projma
the Agreement fiom my ieuse or gauss,including bee at limited to the negligence,proaxional max or omissions,m strict liability,bench ceed d a m indemnity obligation,m
mnry exprex or implied of Engineer m Engineers officers,dircmors,numbers,porion,agenu,employes,or Conmlrmm shell uwt ex<ad the ental compeaelim received!
by Engineer under this Agreement.
MUTUAL INDEMNIFICATION: Subfel to the prolounal set toed herein,MSI and CLIENT hereby agree to indemnify end hold hanmisa exh other and their respective
shercholders,directors,oifemi,employees,agenm land each of their s«ceuors and insigne)from any and all claims,deands,liabilities,suits.causes of anion,judgments,
cars,and expense,including reasonable arromeys'fees,arising or allegedly arising faro peesoal injury,dada,property damage,initialing lass of use thereof,due in my
pronmer m th neglige«e of czNer of Nem,their agenm,or emplaces. In thn Nem e event both ofthem are m full,than the liability skill be apportioned hemceptsuant to their
rate short of ncgligeure m fault MSI and CLIENT fuller agree that their liability to any third party shall,to The eaten permitted bylaw,be several and im ond. Thse
indemnities shall not Terminate upon termination or expiration of9hu Agreement
OWNERSHIP OF DOCUMENTS:All documents s produced by MSI under this Agreement skill remain the papery,of MSI and shall not be used by the CLIENT for any
other purpose with out de,permission of MSI.
REUSE OF DOCUMENTS:All documents,including drawings and specifications,formincd by Mal par and m this Agreement me no numents of his service in respect of
the project They art not intended or represented to ki suitable for muse by CLIENT or others on emeaionS of the project or on my other project Any reuse without specific
wrinea verification in adaptation by MSI will be at CLIENTS vole risk and without liability m legal cap«ort to MSI. CLIENT shall indemnify and hold kimalex MSI from
all claims,damages,lois and expenses including attorneys fres arising out ofor resulting therefrom.
TERMINATION OF SERVICES:This Agreement may be uninitiated by the CLIENT or MSI should the other fail to perform its obligations hereunder. In the event of
termination,all reimbursable expenses and all Scope of Services rtrdered to date shall be paid by the CLIENT P,MM.
DELAY OF SERVICES: If.delay afservica beyond the schadure agreed upon occurs for my reason other Than for MST's fault,it is understood and agreed to that such may
rank in additional Poen,which shall be paid by CLIENT m MSI. Ifadditiowd Ra will be me sury,MSI will notify CLIENT prior to continuing the services.
DISPUTE RESOLUTION: Owner all Engineer agree m negotiate each dispute berwom Nem in good faith during Ne 30 days after notice of dispute. If negdiatims are
vaucuufvl in reviving the disputa,than the dupure skill be mediated. If inedim m is unsuccessful,then the Amies may exercise their rights at law.
04MAURER - STUTZ
Page 3 of 4
APPLICABLE LAWS:Unless dv,rwi,e specified.this Agreenwntshall begovemed bythe laws ofthe Sine of Illinois.
COMPLETE AGREEMENT.This Agreement napreeents the entireunderstanding of Ne patties and may not be modified except in writing.
MISCELLANEOUS:Ifthe CLIENT issues a Penthau Order ofwhich Nis Agreement becomes pan,the reran of this Agreement will take precedence in the event of a
conflict oftemu. no document shall be govcmed by the hws of the state of Illinois. In the event that any pan of this document b held invalid by my conn of rompmmr
junsdiction.the monomer ofthe Agreement shall mmain in full Foree and effect.
Accepted By: Submitted By:
CLIENT:City of Canton MAURER-STUTZ,INC.
Sign: Sign: �� «
Print: VVIG b Print Kei�vec,P.E.
Title: Wool Title: Vice President
Date: `', �� IYw/ 9 Date: 04-11-19
11r$ MAURER - ST UTZ
Page 4 of 4
Canton Water Treatment Plant
High Service Pump Replacement and Clearwell Connection
Scope of Work
April 11,2019
Engineering Design, Development of Construction Drawings and Specifications, Permitting
Assistance and Bidding Phase Services for the following work items:
• Replace 50 Hp pump and starter with 150 Hp pump and VFD (includes pump design,
piping layout, and design of electrical revisions)
• Replace 150 Hp pump and soft start with 150 Hp pump and VFD (includes pump design,
piping layout, and design of electrical revisions)
• Install new automatic transfer switch
• Replace existing generator new 600 KW generator
• Install piping,valves, and recirculation pump station to connect the circular clearwell to
the rectangular clearwell
• Clean and disinfect circular clearwell
• Clean the rectangular clearwell
• Install control system to operate VFDs on radial collector well pumps and VFDs on high
service pumps
• Install transformer pad adjacent to existing outdoor electric panels and run conduit
between new transformer and substation; interconnect transformer with electrical
panels that remain
• Construct pole-type building to accommodate carbon feeder, algicide system,lake
pumps, and truck parking—estimate 42'x 64'
• Investigate replacing existing lake pumps with new pumps located in the new pole-type
building
• Connect chemical feed systems to operate in Row proportional mode
• Open wall in existing lab room to accelator building
• Replace aerial electric with underground electric from water plant main building to lake
pump building