HomeMy WebLinkAboutResolution #3923RESOLUTION NO. 3 9 2 3
A RESOLUTION APPROVING A PROPOSAL FOR PROFESSIONAL PLANNING
AND ZONING SERVICES BY AND BETWEEN MAURER STUTZ, INC. AND THE
CITY OF CANTON AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER
SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS.
WHEREAS, since June 2007, Maurer Stutz, Inc. has performed Planning and Zoning
services for the City of Canton; and
WHEREAS, the proposal under which Maurer Stutz, Inc, currently performs Planning
and Zoning services has expired; and
WHEREAS, the Negotiations, Grievance and Personnel Committee of the City of
Canton has determined that it is necessary and in the best fiscal interests of the City of Canton to
accept Maurer Stutz, Inc.'s proposal for professional services for Planning and Zoning; and
WHEREAS, the City Council of the City of Canton has made a similar detennination.
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 18~' day of
May, 2010 upon a roll call vote as follows:
AYES: ~
Aldermen Craig West, Larry Sarff, Rick Reed, Eric Schenck, Jim Hartford
~~~rmen Dave Pickel, Jorge Rivero, Gerald Ellis
NONE
ABSENT: NONE
.`~ ~,~~~ APPROVED:
~h- ~
Kevin R. Me e, Mayor
ATTEST:
~s
Nancy S. Whi s, City Clerk
PROPOSAL FOR PROFESSIONAL SERVICES
PROJECT: Ci#y of Canton Planning and Zoning
LOCATION: Canton, iiltnois
CLIENT: City of Canton
SERVICES: Planning and Zoning Services
DATE: May 11, 2Q90
INTRODUCTION;
Maurer-Stutz, Inc., is pleased to submi# this proposal for performing Planning and
Zoning services for the City of Canton, Illinois.
BASIC SERVICES:
Maurer-Stutz, Inc. will provide the following Basic Services under this Contract:
Act as a liaison between property owners, contractors, developers and the City
• Review building permit applications for conformance to tl~e City Code
• Issue ail zoning certificates and building permits
• Issue permits for temporary parking and use of trailers
• Maintain permanent records/database of administration and enforcement and
provide monthly updates to Public Works Department and County Assessor
Off ce
• Coordinate with the Zoning Board of Appeals, Planning and Zoning Commission,
Development Review Committee, and City Clerk
• Attend Committee, Council, Zoning Board of Appeals, Planning and Zoning
Commission, and Development Review Committee Meetings as required or
requested
• Conduct inspections of uses of land and structures in conjunction with Public
Works Department and Building Inspector retained by the City
• Coordinate with Public Works Department, Code Enforcement Officer, Police
Department, City Attorney and City Council, as necessary and applicable, for
zoning complaints
• Compile and update City Ordinances pertaining to zoning and develop a system
to enforce existing ordinances with the City Attomey
• Continue to maintain the planning and zoning section of the City's website
• Update zoning map as necessary
• Attend regional zoning conferences/meetings
FEE:
This proposal reflects a time and materials contract for items defined in the scope of
Basic Services. Services for work ordered by the City under this contract wiN normally
be invoiced monthly in accordance with Maurer-Stutz's "Hourly Rate Schedule"
(attached for reference as Exhibit "A" -1 Sheet).
A report summarizing the work billed for the previous invoicing period will be submitted
with each invoice. A monthly fee for Planning and Zoning Services is estimated at
3 000. Final cumulative fee depends on the total amount of work requested, directed,
and authorized by the City.
2
AGREEMENT:
This Agreement shall be in effect for one (1) year. If either party decides to end this
Agreement, thirty (30) days notice shaA be given to the appropriate party. If any
modifications to this Proposal are needed, please advise. If this Proposal is
satisfactory, please indicate such by executing the AGREED TO BY portion and
returning a signed copy to the address on the letterhead. Note that this Prapasal is
subject to the attached General Conditions (Exhibi# "B" - 2 sheets). Receipt of the
executed document shah constitute acceptance of the terms of the PROPOSAL by both
parties and authorization to proceed. Costs provided in this Proposal are good far 90-
days and then wiH be subject to review by Maurer-Stutz, Inc., if agreement has not been
reached or contract is not in force.
AGREED TO BY:
Mayor Kevin Meade
Date:
FOR: City of Canton
2 North Main
Canton, IL 61520
AGREED TO BY: ~•~
ith J. laves, P.E.
Vice President
FOR: Maurer-Stutz, inc.
1670 East Ash Street
Canton, IL 61520
Date: S/i~//~
0:1241-Civi1120081241-08002 -City of Canton Planning ~ Zoning FY 08-091Accounting12009 2010 Canton Zoning Proposal.doc
(220) ONE MEMBER SURVEY CREW .............................................................................................................95.00
(200} TWO MEMBER SURVEY CREW ..........................................................................................................150.00
{195) THREE MEMBER SURVEY CREW ..................................................................................................... . 210.00
(185) TECHNICIAN I ..................................................................................................................................... ...50.00
{1$0) TECHNICIAN I! .......................................................•------•--................_..--•--..............-..._.._............----•---- --.55.00
(179) TECHNICIAN ill ................................................................................................................................... ...60.00
(178} TECHNICIAN IV .................................................................................................................................. ...65.00
(182) TECHNICIAN V ................................................................................................................................... ... 75.00
(175) SCIENTIST/DESIGN TECf-INOLOGIST IV ...................•--.---.-.-............................................................ . 70.00
..............
(235) SCIENTIST/DESIGN TECHNOLOGIST V ........................................................... .................. ...85.00
(236) SCIENTIST/DESIGN TECHNOLOGIST VI ...........................................................................................100.00
(237) SCIENTfSTlDESIGNTECHNOLOCIST VII ......................................................................................... .105.00
(145) ENGINEER II ..........................................................................................................................................80.00
(142} ENGINEER !II ----• ........................................................................_............-....-..-•-------........_.._....-•--•--•---• --88.00
(144) ENGINEER IV ..........................................................................................................................................98.00
{146) ENGINEER V ..........................................................•-----•-•..................................................................... 112.00
{i43} ENGINEER VII .....................................................................................:................................................ 140.00
(125) PROFESSIONAL ENGINEER IV .......................................................................................................... 105.00
{120} PROFESSIONAL ENGINEER V .....,..... .............................,.............-......-.....-.-.-..-----•-•---.-.....-•-----...----- 120.00
(122) PROFESSIONAL ENGENEER VI .......................................................................................................... 135.00
(121) PROFESSIONAL ENGINEER Vll ....................................................................................................... 150.00
(123) PROFESSIONAL ENGINEER Vill ........................................................................................................ 160.00
(124} PROFESSIONAL ENGINEER IX .......................................................................................................... 180.00
(163) PROFESSIONAL LAND SURVEYOR VI .............................................................................................110.00
(i68) PROFESSIONAL LAND SURVEYOR VII .............................................................................................135.00
(169) PROFESSIONAL LAND SURVEYOR IX .............................................................................................. 180-00
(109) STRUCTURAL ENGINEER IV ..............................................................................................................105.00
(113) STRUCTURAL ENGINEER VI! ......................:......................................................................................150.00
(106) STRUCTURAL ENGINEER X ...............................................................................................................210.00
(129) ENVIRONMENTAL GEOLOGIST Vf .....................................................................................................120.00
(230) CLERICAL 11 ...........................................................................................................................................50.00
(229) CLERICAL Ill ...........................................................................................................................................57.00
(231) PROJECTADMINISTRATOR V .............................................................................................................88.00
Effective Date: 4l1/201(}
TERMS OF PAYMENT: EiA will submit Invoices for work which has been completed and reimbursable expenses incuned. If any invoice is notpaid within 30
days of invoice date, fate payment charges of 1.5°k per month, or fraction of a month, orthe highest (awful 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 Contract, or any other contractwith CLIENT, are not
timely paid, E!A may, after giving seven day's written notice to CLIENT, suspend services under this Contract.
CLIENT shall pay EIA on the basis of one of the following methods. The method to be used is stated on the front page of this Contract.
In the eventthat collection proceedings are required to collet unpaid bills for FJA's services and expenses, CLIENT shall be responsible for all unpaid bills,
due interest, and aH costs incurred in the collection proceedings, inducting but not limited to aitomey's fees, costs, travel, and employee wages, avefiead and
expenses at the rate spedfied in this Contract, or at E/A's current hourly rate if no rate (s specified.
LUMP SUM: When the Lump Sum method is utilized, the total amount billed shall include all pirect Payroll Expense costs, ovefiead business costs, profit,
Reimbursable Expenses, and Suboansuttant Expenses incurted by E/A. The Lump sum shall be a fixed amount unless a change of scope in the Scope of
Services occurs. If a change of the Scope of Services occurs, such change shall be considered additional services and billed at EIA's current Hourly Rates.
Monthly Invoice statements will be submitted based on an estimated percent of completion of the services.
HOURLY RATE: When the Hourly Rata method Is utilized, the hourly rate shall include all Direct Payroll Expense, overhead business costs, and profit due
E/Aforthe services. Hourly Rates are established fortechnical dassificatlons of individuals. !f Hourly Rates are not fisted in the Contract, they shall be the
rates currently in use by the E!A for the type of work being done.
MULTIPLIER: When the Multiplier method is utilized, the hourly rate billed per individual expending tame on the Project shall include that individual's Direct
Payroll Expense times a multiplier to cover overhead business costs plus profit
Direct Payrol! Expanse (DPE) is defined as the total amouniof en individual's labor cost, including basic wages and the mandatoryand customary employee
benefits, such as insurance, side leave, holidays, vacations and others.
REIMBURSABLES: Reimbursable Expenses and Subconsultant Expenses incurred by FJA for the services shall be billed in addition to the hourly rate
charges at an amount equal to actual cost plus 1Q per cent
Reimbursable Expense is defined as the actual non-labor expenditure incurred on the project, and may include travel, printing, telephones, mailing,
specialized equipment tests or others.
Subconsultant Expense is defined as the actual expenditure for other firths in providing spedalized studies, sub-surface explorations, or other services
required on the Project
ESTIMATES OF FEES, BASED ON DPE OR AT HOURLY RATE: If an estimate of E!A's fee is stated in this Contract, the estimate shall not be considered
a firm figure unless spedficatly stipulated as a "maximum not to exceed" amount.
CONSTRUCTION OBSERVATION: If, as a part of this Contract, EiA is providing construction observation, E!A shall make visits to the construction site to
observe the progress and quality of the contraator's(s) work to determine in general if such work is proceeding in accordance with the construction
documents. E/A shalt not be required to make exhaustive or continuous on-site inspections to check qualify or quantity of such work. E!A shall not be
responsible for the means, methods, techniques, sequences or procedures of construction or for the safety precautions and programs inddentto the work of
the contractor. EIA does not warrant ar 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.
CONSTRUCTION ESTIMATES: EIA does not guarantee its opinions of the probable construction cost [f the CLIENT wishes greater assurance as to
probable construction costs or if the CLIENT wishes formal estimates, an independent Cost Estimator should be employed.
INSPECTIONS: Unless otherwise provided for in this Contract, 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 spedfically requested. CLIENT
acknowledges thatlatent defects may be presentand agrees to indemnify and hold harmless EIA and its employees agafnstall claims, damages and losses
including attorney's fees resulting from such latent defects. inspedians only cover the specific Items listed En the Scope of Services of this Contract.
CLIENT acknowledges that the results of the inspection era meant for CLIENT use only. CLI>~NT agrees to Indemnity and hold harmless EIA and its
employees against all claims, damages and losses resulting from a thircl party's use of the results of the Inspection.
NOTIFICATIONS: CLIENT represents and warrants that CLIENT has notified EiA of any known orsuspected to CLIENT presence of hazardous materials or
pollutants ai the Site of the Protect Unless the Scope of Services includes investigation for hazardaus.or pollutant materials, E/A'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 EIA.
ACCESS TO S1TE: Unless athervulse stated, the EIA wilt have access to the site for activities necessary for the performance of the Scope of Services. The
EJA will take reasonable precautions to minimize damage to properly during these activities, but has not included the cost of repairing ar restoring any
resultlng damage in the Fee, and will not be responsible forthe cost of such.
Ceri~rtCATIOWS, GUARANTEES, OR YJARRANTiES: The ElA shall not be required to execute any document that would result in the Elk certlfying,
guaranteeing, or warranting the existence of any conditlons or the result of the Scope of Services.
STANDARD OF CARE: Services performed by E/A under this Contractwiil be conducted in a manner of care and skill ordinarily exercised by members of
the profession in the same locale practicing under similardreumstances and conditions. No other representation expressed or implied, and no warranty or
guarantee is intended or included in this Contract, or in any report, opinion, document, or otherwise.
pruvweu uy arts e+uerv i w arts trio agalnsr any arra an rossra rnaurrev uy are rrH re+auver w a++y auuvn m+ee++ uy u its ew +oye+uury urw Nrvits~t.
INDEMNITY: Subject b the provisions set forth herein, EIA and CLIENT hereby agree ro indemnify and hold harmless cach other and their respective
shareholders, directors, officers, employees, agents (and each of their successors and assigns) from any and af! claims, demands, liabilities, suits, causes of
ocean, judgments, costs, and expenses, Including reasonable attorneys' fees, arising or allegedly arising from persona( injury, death, property damage,
incuding loss of use thereof, due in any manner b the negligence of either of them, their agents, or ernpiayees. !n the event both of them era at fault, then
the liability shah be apportioned between them pursuant b their pro-rata share of negligence or fault EIA and CLIENT furtheragree that their liabililyte any
third party shalt, to the extent permitted by taw, be several and not joint These indemnities shall not terminate upon termination or expiratJon of this
Contract.
OWNERSHIP OF DOCUMENTS: Ail documents produced by the EIA under this Contract shall remain the property of the EIA and shah not be used by the
CLIENT for any other purpose with out the permission of the EIA.
REUSE OF DOGUMENTS: Ali documents, including drawings and specifications, famished by E/A pursuant b this Contract are insbuments ofhis services
in respect of the project They are not intended or represented b be suitable for reuse by CLIENT or others on extensions of the project or on any other
project Any reuse without speGfic written verification or adaptation by E/A wilt be at CLIENT'S sole risk and without liability or legal exposure to EIA.
CLIENT shall indemnity and hold harmless EIA from all claims, damages, fosses and expenses including attorney's fees arising out oforresulting therefrom.
TERMINATION OF SERVICES: Thls Contract may be terminated by the CLIENT or the EIA should the other fail to perforn its obligations hereunder. in the
event of termination, a!I reimbursable expanses and alt Scope of Services rendered b date shall be paid by the CLIENT b the EIA.
DELAY OF SERVICES: !f a delay of services beyond the schedule agreed upon occurs for any reason other than for EIA's fault, tt is understood and agreed
to that such may result in additional fees, which shaft be paid by CLIENT to EIA. If additional fees will be necessary, EIA will notify CLIENT prior to
continuing the services.
ARBITRATION: Claims disputes or other matters in question arising out of or relating b this contractor the breach thereof shall be subject b and decided by
arbitration in accordance with the Construction Arbitration Association. The arbitraton award shat! be final and judgment may be entered upon it in any court
having jurisdiction.
APPLJCABLE LAWS: Unless otherwise specified, this Contract shall be govemed by the Jaws of the Stale of Illinois.
COMPLETE AGREEMENT: This Contract represents the entire understanding of the parties and may not be modified except in writing.
MISCELLANEOUS: If the CLIENT issues a Purchase Order of which this Contract becomes part, the terms of this Contract will fake precedence in the
event of a conflict of terms. This document shalt 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 Contract shall remain in full force and effect.