HomeMy WebLinkAboutResolution #5375 - appointment of city engineer and approving an agreement with Maurer Stutz to perform city engineering services RESOLUTION NO. 5375
A RESOLUTION APPOINTING CITY ENGINEER AND APPROVING AN AGREEMENT
WITH MAURER-STUTZ,INC. TO PERFORM CITY ENGINEERING SERVICES FOR
THE CITY OF CANTON.
WHEREAS, the Mayor of the City of Canton has determined that it is necessary and in the
best interests of the City of Canton to enter into an agreement for MAURER-STUTZ, INC. ("MSI")
to provide engineering services to the City,as set forth in Exhibit"A"attached hereto and incorporated
herein, and to appoint MSI to continue serving as City Engineer;
WHEREAS, Section 8-1-3(A) of the City Code of the City of Canton provides, "There is
hereby created the office of city engineer of the city who shall be registered under the provisions of
the Illinois professional engineering act who shall be appointed by the mayor, by and with the advice
and consent of the council on the first Tuesday in May of each year, or as soon thereafter as may be,
and shall hold his office for the teen of one year, and until his successor is duly appointed and
qualified."
WHEREAS,the Mayor,Kent McDowell, has appointed Keith Plavec of MAURER-STUTZ,
INC.to serve as the City Engineer;
WHEREAS, the City Council has considered the appointment by the Mayor and further
consents to the appointment of Keith Plavec of MAURER-STUTZ, INC.to serve as City Engineer.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF CANTON, ILLINOIS,AS FOLLOWS:
1. Keith Plavec of Maurer-Stutz,Inc. ("Plavec")is hereby considered re-appointed and sworn
in as City Engineer;
2. Plavec's appointment shall continue until May 2, 2023;
3. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby
approved by the Canton City Council.
4. 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.
5. 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 3rd day
of May, 2022 upon a roll call vote as follows:
AYES: Alderperson Andra Chamberlin,Justin Nelson,John Lovell, Craig West,Angela Hale,
Jeff Fritz,Angela Lingenfelter, Greg Gossett
NAYS: None
ABSENT: None
AP ROVED:
K nt McDowell,Ma r
ATTES
Diana'avley- ocQ-- ty Cler
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E N G I N E E R 5 5 U R V E Y O R 5
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 FY23
Effective Agreement Date: 05/01/2022
Pursuant to 65 ILCS 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:
1. Attend Department Head Meetings,Public Works Meetings, Council Meetings , Budget 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; 8. Two(2)bridge inspections;and 9. Other items
as directed or requested by the City.
Maurer-Stutz,Inc. proposes to provide professional services on the Project based on the following Fee Method:
Other: $100,000(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. FOR OFFICE USE ONLY
Proposal No.
Project No.
Effective April 1, 2011
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GENERAL TERMS AND CONDITIONS
TERMS OF PAYMENT: MSI will submit Invoices for work which has been completed and reimbursable expenses incurred. If any invoice is not paid within 30 days of
invoice date,late payment charges of 1.5%per month,or fraction of a month,or the highest lawful interest rate of the 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,are not timely paid,MSI may,after giving seven
day's written notice to CLIENT,suspend services under this Agreement.
FEE METHODS: CLIENT shall pay MSI on the basis of one of the following methods. The method to be used is stated on the front page of this Agreement.
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2.HOURLY RATE :When the Hourly Rate method is utilized,the hourly rate 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 rates currently
in use by MSI for the type ofwork being done.
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REIMBURSABLE&Reimbursable Expenses and Subconsultant Expenses incurred by MSI for the services shall be billed in addition to the hourly rate charges at an amount
equal to actual o&A-Pkts WPet eon. Reimbursable Expense is defined as the actual non-labor expenditure incurred on the project,and may include travel,ffintiRg-ielephexee,
Wiling,specialized equipment tests or others. Subconsultant Expense is defined as the actual expenditure for other firms in providing specialized studies,sub-surface
explorations,or other services required on the Project. KJP-04/10/22
In the event that collection proceedings are required to collect unpaid bills for MST's services and expenses,CLIENT shall be responsible for all unpaid bills,due interest,and all
costs incurred in the collection proceedings,including but not limited to attorney's fees,costs,travel,and employee wages,overhead and expenses at the rate specified in this
Agreement,or at MSI's current hourly rate if no rate is specified.
ESTIMATES OF FEES,BASED ON DPE OR AT HOURLY RATE:Engineer's estimate of the amounts that will become payable for specified services are only estimates for
planning purposes,are not binding on the parties,and are not the minimum or maximum amounts payable to Engineer under the Agreement. When estimated compensation
amounts have been stated herein and it subsequently becomes apparent to Engineer that the total compensation amount thus estimated will be exceeded,Engineer shall give Client
written notice thereof,allowing Client to consider its options,including suspension or termination of Engineer's services for Client's convenience.Upon notice,Client and
Engineer promptly shall review the matter of services remaining to be performed and compensation for such services. Client shall either exercise its right to suspend or terminate
Engineer's services for 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 not exceed said estimated amount when such services are completed. If Client decides not to suspend the Engineer's
services during the negotiations and Engineer exceeds the estimated amount before Client and Engineer have agreed to an increase in the compensation due Engineer or a
reduction in the remaining services,then Engineer shall be paid for all services rendered hereunder
CONSTRUCTION PHASE SERVICES:If,as a part of this Agreement,MSI is providing construction observation, MSI shall make visits to the construction site to observe
the progress and quality of the contractor's(s)work to determine in general if such work is proceeding in accordance with the construction documents. 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 construction or for the safety precautions and programs incident to the work of the contractor. MSI does not warrantor guarantee contractor's(s)work,and shall not
be responsible for the failure of contractors to perform the work in accordance with the construction documents. With respect to the Standard of Care applicable to construction
observation services,note.the following:
A. Engineer shall not at any time supervise,direct,control,or have authority over any contractor work,nor shall Engineer have authority over or be responsible for the
means,methods,techniques,sequences,or procedures of construction selected or used by any contractor,for the safety precautions and programs incident thereto,for
security or safety at the Site,nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's furnishing and performing of its
work
B. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to famish and perform the Work in
accordance with the Contract Documents.
C. Engineer shall not provide or have any responsibility for surety bonding or insurance-related advice,recommendations,counseling,or research,or for enforcement
of construction insurance or surety bonding requirements.
D. Engineer shall not be responsible for the acts or omissions of any Contractor,Subcontractor,or Supplier,or of any of their agents or employees or of any other
persons(except Engineers own employees and its Consultants)at a Site or otherwise furnishing or performing any of a Contractor's work;or for any decision made
regarding the Contract Documents,or any application,interpretation,or clarification of the Contract Documents other than those made by Engineer.
E. While at a Site,Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's and Owners safety programs of
which Engineer has been informed in writing.
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OPINIONS OF PROBABLE COST: Engineers opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent
Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However,because Engineer has no control over the cost
of labor,materials,equipment,or services fumisfied by others,or over contractors'methods of determining prices,or over competitive bidding or market conditions,Engineer
cannot and does not guarantee that proposals,bids,or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner
requires greater assurance as to probable Construction Cost,Owner must employ an independent cost estimator.
INSPECTIONS:Unless otherwise provided for in this Agreement,any inspections of existing sites,structures,mechanical and electrical systems or other physical features of
the Project are visual inspections only. Tests or extensive calculations are not performed unless specifically requested. CLIENT acknowledges that latent defects may be present
and agrees to indemnify and hold harmless MSI and its employees against all claims,damages and losses including attorney's fees resulting from such latent defects. Inspections
only cover the specific items listed in the Scope of Services of this Agreement. CLIENT acknowledges that the results of the inspection are meant for CLIENT use only.
CLIENT agrees to indemnify and hold harmless MSI and its employees against all claims,damages and losses resulting from a third party's use of the results of the inspection.
NOTIFICATIONS: CLIENT represents and warrants that CLIENT has notified MSI of any known or suspected to CLIENT presence of hazardous materials or pollutants at
the Site of the Project. Unless the Scope of Services includes investigation for hazardous or pollutant materials, MST's extent of responsibility shall be to notify CLIENT if the
presence of hazardous materials or pollutants on the Site of the Project becomes known by MSI.
ACCESS TO SITE:Unless otherwise stated, MSI will have access to the site for activities necessary for the performance of the Scope of Services. MSI will take reasonable
precautions to minimize damage to property during these activities,but has not included the cost of repairing or restoring any resulting damage in the Fee,and will not be
responsible for the cost of such.
CERTIFICATIONS,GUARANTEES,OR WARRANTIES:Engineer shall not be required to sign any documents,no matter by whom requested,that would result in the
Engineer having to certify,guarantee,or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute
with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents.
STANDARD OF CARE: Services performed by MSI under this Agreement will be conducted in a manner of care and skill ordinarily exercised by members of the profession
in the same locale practicing under similar circumstances and conditions. No other representation expressed or 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 expressly required of Engineer in the
Scope of Work. With the exception of such expressly required services,Engineer shall have no design,Shop Drawing review,or other obligations during construction and Owner
assumes all responsibility for the application and interpretation of the Contract Documents,review and response to Contractor claims,contract administration,processing Change
Orders,revisions to the Contract Documents during construction,construction surety bonding and insurance requirements,construction observation and review,review of
payment applications,and all other necessary Construction Phase engineering and professional services. Owner waives all claims against the Engineer that may be connected in
any way to Construction Phase engineering or professional services except for those services that are expressly required of Engineer in the scope of work.
LIMITATION OF LIABILITY:Engineer's Liability Limited io Amomrr of Elrgirteer's Compensation: To the fullest extent permitted bylaw,and notwithstanding any other
provision of this Agreement,the total liability,in the aggregate,of Engineer and Engineer's officers,directors,members,partners,agents,employees,and Consultants, to Owner
and anyone claiming by,through,or under Owner for any and all claims,losses,costs,or damages whatsoever arising out of,resulting from,or in any way related to the Project or
the Agreement from any cause or causes,including but not limited to the negligence,professional errors or omissions,strict liability,breach of contract,indemnity obligations,or
warranty express or implied of Engineer or Engineer's officers,directors,members,partners,agents,employees,or Consultants shall not exceed the total compensation received
by Engineer under this Agreement.
MUTUAL INDEMNIFICATION: Subject to the provisions set forth herein, MSI and CLIENT hereby agree to indemnify and hold harmless each other and their respective
shareholders,directors,officers,employees,agents(and each of their successors and assigns)from any and all claims,demands,liabilities,suits.causes of action,judgments,
costs,and expenses,including reasonable attomeys•'fees, arising or allegedly arising from personal injury,death,property damage,including loss of use thereof,due in any
manner to the negligence of either of them,their agents,or employees. In the event both of them are at fault,then the liability shall be apportioned between them pursuant to their
pro-rasa share of negligence or fault. MSI and CLIENT further agree that their liability to any third party shall,to the extent permitted bylaw,be several and not joint. These
indemnities shall not terminate upon termination or expiration of this 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 MSI.
REUSE OF DOCUMENTS:All documents,including drawings and specifications,furnished by MSI pursuant to this Agreement are instruments of his services in respect of
the project. They are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the project or on any other project. Any reuse without specific
written verification or adaptation by MSI will be at CLIENT's sole risk and without liability or legal exposure to MSI. CLIENT shall indemnify and hold harmless MSI from
all claims,damages,losses and expenses including attorney's fees arising out of or resulting therefrom.
TERMINATION OF SERVICES:This Agreement may be terminated by the CLIENT or MSI should the other fail to perform its obligations hereunder. In the event of
termination,all reimbursable expenses and all Scope of Services rendered to date shall be paid by the CLIENT to MSI.
DELAY OF SERVICES: If a delay of services beyond the schedule agreed upon occurs for any reason other than for MST's fault,it is understood and agreed to that such may
result in additional fees,which shall be paid by CLIENT to MSI. If additional fees will be necessary,MSI will notify CLIENT prior to continuing the services.
DISPUTE RESOLUTION: Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are
unsuccessful in resolving the dispute,then the dispute shall be mediated. If mediation is unsuccessful,then the parties may exercise their rights at law.
msMAURER -STUTZ
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APPLICABLE LAWS:Unless otherwise specified,this Agreement shall be governed by the laws of the State of Illinois.
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COMPLETE AGREEMENT:This Agreement;represents the entire understanding of the parties and may not be modified except in writing.
MISCELLANEOUS:If the CLIENT issues a PI rchase Order of which this Agreement becomes part,the terms of this Agreement will take precedence in the event of a
conflict of terms. This document shall be govemed by the laws of the State of Illinois. In the event that any part of this document is held invalid by any court'of competent
jurisdiction,the remainder of the Agreement shall remain in full force and effect.
Accepted By: Submitted By:
CLIENT: City of Canton MAURER-STUTZ,INC.
Sign: 6Sign:
Print: cb'�)1 Q Print: Keith J. Plavec,P.E.
Title: oyo Title: Vice President
Date: MAY Date: April 10,2022
mSMAURER-STUTZ
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