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HomeMy WebLinkAboutResolution #3973 RESOLUTION NO 3973 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 Finance 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 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 15th day of November 2011 upon a roll call vote as follows: AYES: Aldermen Schenck, Pasley, Fritz, West, Nelson, Ellis, Pickel, Hartford NAYS: None ABSENT: None ~ ~ r`7APPRO~ED~ _ . . %f f: , in R. Mea~ , Mayor ATT~~'-~- ' ~ Diana Tuc rty Clerk 1 _ ~ . ~ ~ IRN~ A ~7 ~~j ~ ~ ~ ~lM~ STANDARD SHORT FORM PROPOSAL AND AGREEMENT FOR CITY OF CANTON PLANNING AND ZONING OFFICER Client Name and Address: City of Canton 2 North Main Street Canton, IL 61520 Client Contact Information: Mayor Kevin R. Meade Project Name and Location: City of Canton Plannin~ & Zoning Officer for FY 2011/2012 City of Canton, Illinois Effective Agreement Date: 2011-OS-OI Pursuant to 65 ILCS 5/3.1-30-5 and Section 10-17-2 of the Canton Municipal Code, Client hereby appoints Maurer- Stutz, Inc. (MSI, Engineer) to serve as its Planning and Zoning Officer in connection with the above referenced Project, to act on its behalf and as its agent in performing the following governmental services: 1. Act as a liaison between property owners, contractars, developers, City of Pekin building inspectors/code reviewers and the City of Canton. 2. Review building permit applications for conformance to the City Code. 3. Coordinate with the City of Pekin and Canton Fire Department on review of building plans. 4. Issue all building permits, roofing licenses, curb cut permits and right-of-way occupancy permits on behalf of the City. 5. Maintain permanent records/database of administration and enforcement and provide monthly updates to City Clerk, Public Works Director, Fire Chief, Code Enforcement Officer and Township Assessor Office. 6. Attend Committee, Council, Zoning Board of Appeals, Planning and Zoning Commission and Development Review Committee Meetings as required ar requested. 7. Condut inspections of uses of land and structures in conjunction with Public Works Director, City of Pekin Inspectors and Canton Fire Department. Coordinate with Canton Code Enforcement Officer on conflicts. Maurer-Stutz, Inc. proposes to provide professional services on the Project based on the following Fee Method: Monthly fee is estimated at $3,000. 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. 1~'012 OF~ICE USE ONLY Proposal No. Project No. ~ftective April 1, 20 t l Page 1 of 4 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 aze 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. 1. LUMP SUM: When the Lump Sum method is utilized, the total amount billed shall include all Direct Payroll Expense costs, overhead business costs, profit, Reimbursable Expenses, and Subconsultant Expenses incurred by MSI. 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 MSI's current Hourly Rates. Monthly invoice statements will be submitted based on an estimated percent of completion of the services. 2. HOURLY RATE: When the Hourly Rate method is uti?ized, 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 currenHy in use by MSI for the type of work being done. 3. MULTIPLIER: When the Multiplier method is utilized, the hourly rate billed per individual expending time on the Project shall include that individual's Direct Payroll Expense (DPE) times a multiplier to cover overhead business costs plus profit. Direct Payroll Expense is defined as the total amount of an individual's labor cost, including basic wages and the mandatory and customary employee benefits, such as insurancc, sick leave, holidays, vacations and others. REIMBURSABLES: 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 cost plus 10 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 firms in providing specialized studies, sub-surface explorations, or other services required on the Project. In the event that collection proceedings are required to collect unpaid bills for MSI'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 lunited to attoroey'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 compe~sation 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, metl~ods, techniques, sequences or procedures of construction or for the safety precautions and programs incident to the work of the contractor. MSI does not warrant or guarantee contractor's(s) work, and shall not bc responsible for the failure of contractors to perfonn 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 furnish 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 Engineer's own employees and its Consultants) at a Site or otherwise fumishing 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 Owner's safety programs of which Engineer has been informed in writing. CHANGES IN THE SCOPE CHARACTER OR CONTENT OF THE PROJECT: Services resulting from significant changes in the scope, extcnt, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, cliaracter of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequcnt to the Effective Date or are due to any other causes beyond Engineer's control will require a modification to the Agreement. Any changes, modifications or alterations to tlie ProjecPs scopc impacting cost or schcdulc will rcquirc that Engincer and Client mutually agree in writing to such changes or modifications to the Scope prior to undertaking them. Price modifications due to changes in Scope in this Proposal will be calculated by multiplying the rates given in Engineer's latest hourly rate schedule times the number of hours worked. ~A~MA~1. sifR~ ~ Page 2 of 4 OPINIONS OF PROBABLE COST: Engineer's 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 furnished 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 perForn~ed 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 5ervices of this Agreement. CLIENT acknowledges that the results of the inspection are meant for CLIENT use only. CLlENT 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, MSI'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 asceRain. 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 perfottned 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 rcpresentation expressed or implicd, 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 liave no design, Shop Drawing review, or other obligations during construction and Owner assumes all responsibility for the application and interpretation of the Conhact 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 Conshuction 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 Liabiliry Limited to Amount of Engineer•'s Compensation: To the extent any claim may not fall within the scope of the Illinois Governmental and Governmental Employees Tort Immunity Act ("AcP') and to the fullest extent permitted by law, 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, a~d 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, emp(oyees, or Consultants shall not exceed the total compensation received by Engineer under this Agreement. MUTUAL INDEMNIFICATION: CLIENT indemnifies and holds MSI and its shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, liabilities, suits, causes of action, judgments, costs, aud expenses, including reasonable attorneys' fees, arising or allegedly arising from personal injury, death, property damage, including loss of use thereof, not othenvise protected by the Act, which may be the result of the negligence of either MSI or CLIENT, their agents or employees, wl~ile MSI is performing services under this Agreement. OWNERSHIP OF DOCUMENTS: All documents produced by MSI under this Agreement shall remain flie property of MSI and shall not be used by the CLIENT for any other purpose with out the pennission of MSI. REUSE OF DOCUMENTS: All documents, including drawings and specifications, furnished by MSI pursuant to tl~is Agreement aze instruments of his services in respect of the project. They aze not intended or represented to be suitable for reusc 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 l~armless 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 MSI'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 priar 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 aze unsuccessful in resolving the dispute, then the dispute shall be mediated. If inediation is unsuccessful, then the parties may exercise their rights at law. ~IiAti1~P~ S1~IT~ ~ ..~r Page 3 of 4 APPLICABLE LAWS: Unless otherwise specified, this Agreement shall be governed by the laws of the State of Illinois. 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 Purchase Order of wliich this Agreement becomes part, tl~e tenns of this Agreement will take precedence in the event of a conflict of terms. This document shall be govemed by the laws of thc Statc of Illinois. In the cvent 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-STUT , INC. , Sign: Sign: Print:_ v. Q /~es~ Print: eith J. Plavec, P.E. Title: /~f ~ ~ Title: Vice President Date: ~~~j1 ~i~ Date• November 4, 2011 I^C; Page 4 of 4