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HomeMy WebLinkAboutRes 12-85 04/03/1985 ~ n\ " RESOLUTION NO. 12-85 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES (MOUNT PROSPECT PLAZA SHOPPING CENTER) WHEREAS, the Village of Mount Prospect has determined that it is in the best interest of the Village to engage the services of a marketing consultant for the Mount Prospect Plaza Shopping Center; and WHBREAS, the ownê:ts ofsáid Mount Prospect Plaza Shopping Center have agreed to join with the Village in sharing one-half (1/2) of the cost of the marketing study for the said Shopping Center; and Wr-l'EREAS, a request for proposal was sent to thirteen different marketing firms; six of which responded with a proposal; and WHEREAS, the Village staff has selected a marketing consultant based upon the professional qualifications, content of proposal, thoroughness of proposal, and relationship of total fees to time allocated, and has recommended that Property Consultants, Inc. be retained for the purposes of this study. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Mayor and Board of Trustees of the Village of Mount Prospect hereby find the proposal submitted by Property Consultants, Inc. acceptable and authorize the Mayor to execute, and the Village Clerk to attest a contract for professional services with Property Consultants, Inc. for a fee not to exceed $39,947.00. SECTION TWO: I This this Resolution shall be in full force from and after its passage, and approval by the Village Board. AYES: Arthur, NAYS: None ABSENT: None Farley, Floras, Murauskis, Van Geem, Wattenberg Passed and approved this 3rd day of April, 1985. p ~ Ii é c;ve . . 1/ . .~~. . MAYOR ..._~ t " '~ AGREEMENT FOR PROFESSIONAL SERVICES BEnJEEN PLANNING RESOURCES, INC. AND THE VILLAGE OF MOUNT PROSPECT, ILLINOIS This AGREEMENT made and entered into thi~~day Of~, 1985, by and between PLANNING RESOURCES INC., 615 WEST FRONT STREET, WHEATON, ILLINOIS 60187, (hereinafter referred to as the "CONSULTANT") and the VILLAGE OF MOUNT PROSPECT, ILLINOIS (herein- after referred to as the "CLIENT"), WITNESSETH THAT: WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish technical and professional assistance in con- nection with the preparation of design concepts and landscape plans in the Downtown Streetscape Improvement Program for the Village of Mount Prospect Plan, (hereinafter refel:Ted to as the "PROJECT"), and the CONSULTANT has signified his willingness to furnish technical and professional services to the CLIENT. NOW, THEREFORE, the parties hereto do mutually agree as follows: A. Scope of Consultant's Services The CONSULTANT agrees to perform in a good and professional manner those services described in Att~chment A, a copy of which is attached hereto and incorporated in this AGREEMENT. B. Services to be Provided by the Client In the event that any information, data, reports, records, and maps are existing and available to the CLIENT and are useful for carrying out the work on th~s PROJECT, this information shall be promptly furnisqed to the CONSVLTANT. This completion of the services to ~~ performed by the CONSULTANT under the AGREEMENT is contingent upon the timely receipt from the CLIENT, at no cost to the CONSULTANT, of service, data, and reports described above. The CLIENT will assist the CONSULTANT by assembling and promptly making available such information as CLIENT ~ay have pertinent to the PROJECT, including any previous reports and other data relative to the execution of the PROJECT. If, by reason of any fault of CLIENT, materials or services to be provided by the CLIENT are not made available to the CONSULTANT in a timely manner, the CONSULTANT may, at its option, stop work on the PROJECT until such materials or services are provided. C. Changes The CLIENT may, from time to time, require or request changes in the scope of services of the CONSULTANT to be performed hereunder. Such changes, including any appro- priate increase or decrease in the amount of compensation, which are mutually agreed upon by and between the CLIENT and the CONSULTANT, shall be incorporated in written amendments to this AGREEMENT. D. Consul~nt's Con~en~~~~n The CONSULTANT shall be compensated for services rendered under the terms of this AGREEMENT on the basis of the CONSULTANT'S hourly rates in accordance with Section E, plus reimbursement of actual out-of-pocket costs, directly related job expenses such as travel, subsistence, printing, etc. The maximum cost for CONSULTANT services under this AGREEMENT is $5,460.00. The CONSULTANT will not exceed this sum without specific written authorization from the CLIENT or an amendment to this AGREEMENT. E. Method of]>_ayment The CONSULTANT shall submit monthly invoices for time devoted to and costs incurred on the PROJECT during the billing period. Invoices are due and payable no later than thirty (30) days of invoice date. Total billings for services rendered under this AGREEMENT will be in accordance with Paragraph D (Consultant's Compensation) and will not exceed the authorized sum without express written authori- zation from the CLIENT, or an amendment;: to this AGREEMENT. Each invoice shall show the total number of hours by classification, supported by employee timesheets. The invoice will also include the total of all direct costs and provide documentation and receipts as necessary. The project managet" shall be Hr. N. J. "Pete" Pointner. The project manager shall bear responsibility for all work. The . , . scheduled hourly rates including sql~ry,ovet"head, and fee, for the CONSULTANT are as described in the Scope of Services as attached and incorporated herein. - 2 - F. Time of Performance The services of the CONSULTANT will begin upon execution of this AGREEHENT by both parties. Absent causes beyond the control of the CONSULTANT, all services shall be performed in a timely manner, within the timeframe presented in the Scope of Services. G. Termination The CLIENT and the CONSULTANT shall have the right to terminate the AGREEMENT by written notice to the other party at least thirty (30) days prior to the specified effective date of such termination. In such event, all finished and unfinished documents and work papers prepared by the CONSULTANT under the AGREEt1ENT shall become the property of the CLIENT and the CONSULTANT shall receive the compensation to which it is entitled based upon hours of work performed and expenses incurred in accordance with Paragraph D; upon receipt by the CLIENT of said documents and work papers. H. Nondiscrimination The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational andequcational activities. This contract is subject to and governed by the rules and regulations of the Ilinois Fair Employ~ent Practices Act. I. Contract Documents -- The contract documents which constitute the entire AGREEMENT. between the CLIENT and the CONSULT~T shall consist of the following component parts, all of w~ich are attached hereto and shall be deemed to be a part hereof just as though set forth in full in thi~ AGREEHENT: Attachment A - Scope of Services. Attachment B - An Act to Prohibit Dtf:!crimination in Public Contracts, Ill. Rev. stat. Ch. 29, Section 17 et seq. - 3 - K. Attachment C - Equal Employment Opportunities Clause included pursuant to Executive Order 11246. J. Excusab le__De}ays The CONSULTANT shall not be in default by reason of any failure in performance of this AGREEMENT in accordance with its terms (including any failure by the CONSULTANT to make progress in the prosecution of the work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes may include, but are not restricted or limited to, acts of God or of the public enemy, acts of government in either its sovereign or contcactual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform must be beyond the control and without the fault or negli- gence of the CONSULTANT, the CONSULTANT shall not be deemed to be in default. Extra Work If requested and authorized in writing by the CLIENT, the CONSULTANT will be available to furnish, or obtain from others, extra work of the following types: 1 . Extra work due to changes in the general scope of the study including, but not limited to, changes in size, complexity or character of the work items. 2. Additional or extended services due to: (a) the prolongation of the AGREEMENT time through no fault of the CONSULTANT, (b) the ~cceleration of the work schedule involving services beyond normal working hours, or (c) non-delivery of ~ny materials, data, or other information to be furnish~d by the CLIENT or others not within the control of the CONSULTANT. 3. Other additional services requested and authorized by the CLIENT which are not otherwise provided for under this AGREEMENT. 4. Attendance at additional meetings beyond those made part of this AGREEHENT. - 4 - The costs and schedule for completing extra work authorized by the CLIENT shall be subject to negotiation between the CLIENT and the CONSULTANT in accordance with the provision of Paragraph C (Changes) and Paragraph E (Method of Payment) of this AGREEHENT. L. Time for Which Agreement is Valid The terms of this AGREEHENT will become valid upon execution by both parties: IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this AGREEt1ENT on the date and year first above written. CONSULTANT: CLIENT: PLANNING RESOURCES INC. VILLAGE OF MOUNT PROSPECT, ILLINOIS ~/-) / -,/'C"-~- ~/1 BY:_£1~~~ BY: - (!!a{~~ President Hayor ATTEST: ~~ ~h~ Title~ ~ - 5 - .< n 02/21/85 Attachment A SCOPE OF SERVICES Planning Resources Inc. will prepare a conceptual design and land- scape plan for streetscape improvements to Prospect Avenue from Pine Street to Willie Street in the Village of Mount Prospect. The consultant agrees to perform, in a good and professional manner, the services described herein. Task 1.0 Conceptual Design 1.1 Meet with Village officials to collect available information and materials. 1.2 Take photographs and make field notes to document the physical condition and esthetic qualities of the existing streetscap~. 1.3 Analyze existing conditions which effect streetscape design including: overhead and underground utility locations; proposed building improvements; pedestrian and vehicular circulation; and the physical condition and esthetic qualities of the existing streetscape. 1.4 Coordinate design with Facade Improvement Program. 1.5 Prepare two alternative conceptual plans to include the street- scape elements of paving, planting, lighting and amenities to include parking ðndrear entry areas. 1 1.6 1.7 1.8 ~ Review plans with client and select preferred alternative. This may be a hybrid of design ideas presented in both alternatives. Upon client approval of a design concept, prepare final drawing. Drawing shall be ink on mylar and three copies shall be delivered to the staff. Task 2.0 Landscape Plan 2.1 2.2 2.3 Coordinate final design with civil engineer. Using mylar base plan'provided by civil engineer prepare detailed landscape plan to include planting design, site amenities and specifications for inclusion into site engineering construction documents. Prepare cost estimate for planting and site amenities. Task 3.0 Review of Bids 3.1 3.2 Assist Village in the review of bids submitted for improvements, in selecting the most qualified contractor for the project. Assist in selection of plant material at the nursery. Task 4.0 Construction Supervision periodic field construction supervision to inspect compliance to Design intent. 2 I3UDGE:r -- MOUNT PHOSPECI' STHEETSCAPE Person Hours ----------------- Pointner 'I'l\S K WerJeT -. -----... --,--_.- ---,----.------ -'--"'-------"-----------'--'-'---'-" ----.-.. ---._~-_.._.- Task I. 0 80 flours 'J'ask 2.0 i} ß J lOll n, 'rask 3. 0 16 Hours 'I'ask 4.0 16 Hours 6 I-lours 'I'OT AL H 0 lJRS 160 Hours 'I'OTAL LABOR COST $4,800.00 DIRECT EXPENSES Transportation 575 miles @ $.20 $ 115.00 Printing, Copies, Graphic Supplies 150.00 Film and Film Processing 35. 00 ------ 'ID'I'AL DIHEcr EXPENSES $ 300.00 'I'O'l'NJ CON'I'Rl\CT AMJUNT 3 4 Hours 2 ] IOUl:S $ 360.00 $5,160.00 $ 300.00 $5,460.00 n . ATTACHMENT B DlSCRl!lHK'oTION IN rUBL1C CONTltACTS AN ACT to prohibit discrimination nnd intimidation on account 01 race, creed, color, sex, religion, ph)'sical or menta! handicap unrelated to Ilbility, or national origin In employment under contracl$ for public buildin~ or publi~ works. Laws 1933, p. 296, approved and dl. July I, 1933. Title amended by P.A. 8G-336, § 2, approved Auf. 26, 1971, eU. Oct. I, 1917. 17. Dlscnmlnation In employment prohibited f 1. No penon sball be refused or denied employment in an1 capacity on the ground or race, creed, color, leX or nll.tiona1 origin, 1101' be discriminated 3gainst in any manner bj' reason thereor, in connection with tbe contracting lor or tbe performance of an>' work or service ot any kind, by, lor, on behall of, or for the bene!it or this State, or oc any depa:t~ent, bureau, commissIon, boArd, or other political lubdlVmon or agency thereor. Amended by PeA. 'lH18, § 1, cU. Oct 1, 1913. I 18, Deemed Incorporated In contract . . 2. The provisions of this Act sball automat.lcaUy cnh'r Into and become a part of each and every contraet or otb.'r apeement herea!wr entered into by, with, tor, on behalf or, or tor the benefit 01 this State, or of any department, bureau_commissIon, board, other politiQI aubdiv¡'ion or a¡ency, orficer or agent thercot, providing {or or relating to the performance of any of the .aid work or services or of any pl\rt thereor. 19. Include. Independent contractors, etc. § 3. The provi,ions of ibis Act abo shall apply to aU contracu entered into by or on behalf of all independent contractors, aubcontractoT3, and Any and I'll other persons, association or corporations, providing for or relaung to the doing of any of the $aid work or the performance of any of tbe laid 8crvices, or any p3rt thereot. 20. D.ëducUon from compenlAtion § 4. No contractor, aubcontractor, nor any person on hIs or ber beha1t shall, in any manner, di,criminate against or intimidate any employee hired for the performance of work for the bener¡t or the Slate or for any department, bureau, commis,ion, board, other political subdivision or agency, officer or agent thereof, on account of raco, color, creed, leX, reticlon, physiCAl or mental han~iCAp unrelated to ability, or national origin; and there may be deducted from tbe amount pa.rable to tbe contractor by the State of l1Iinoi, or by IIny municipal corporation t)1ereof, under this contract, a penalty of live dolll\T3 for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of thb Acl . Amend.ed by P.A. 8G-336, § I, err. Ocl 1, 1911. . f\ . I 21. Recover}' by Injured perllon § 5. Any penon, agency, corporation or n,socb.tion who violates any ot the provisions ot this Act, or who aids, abets, incites or otherwise pa.rticipa~ in the violation of any of the provisions, whether tbe violation or participation th~rein occurs through action in a private, public or in any oCticial capacity, shall be guilty of a petty offense for each and every violation or participation tberein with respeet to each person aggrieved thereby, to be recovered by each such aggrieved person, or by any other person to whom lucb aggrieved person shall Msign his cause of action, in the circuit court in the county in which the plaintiff or the defendant shalt reside. .Amended by P.A, '/9-1300, § 2, eff. Oct. I, 1976. 22. ViolaUona-Punlshment § 6. Any penon who or any agency, corporation or association which abal1 violate any of the provisions of tb~ foregoing sections, or who or which ahsn aid, abet, incite or otherwise participate In tho viobtion of any of the said provisions, whether "he aaid violation or participation therein ,hall occur ttu-ougb aclion in a private, in a public, or in any o!!icial capacity, shall 111so be deemed guilty of a petty offense tor each and every said violation or pa.rtlcipa- lion or, in the caso of non~orporate vio1aton, or participa- ton, of a Class B misdemeanor. Amended by P,A. 'l7-236ô, § 1, oCt. Jan. 1, 1913. . 23. To be lnacribed tn contract §"I. The provision,ot this Act. sbalt be printed or otherwise Inscribed on the lace of each contract to whIch it shan be applicable, but their ab,ence therefrom sball in no wise prevent. oraffeot. the application of tbe !laid provisions to the said contract.. 24. Partial lnvalidlty-Construction § 8. The invalidity or unconstit.utionality of an)' one or more provisions, parts, or sections of this Act shall not be beld or construed to Invalidate the whole or any other provision, part, or section thereof, Ilbcing intended that . this Act shall be lIus~ined and enforced to the fullest extent possible and that. it shall be conslrued as liberally as pos:iible to prevent refusals, denia1:l, and discriminations of and wilh reference to the award of cOntró!.cl.s and employ- . ment. thereunder, on the ground of race, color, creed, lex, religion, physical or mental handicap unrelated t.o ability, or national origin, Amended b~' P.A. 80-336, § I, ell. Oct. 1, 1917. A ATTACTMENT C EXECUTIVE ORDE~ 1~246 EQUAL EMPLOYMENT O~PQRTUNI~Y CL~USE "Durin¡: the perrorm:mee of this contrad, the eontr~ctor agrees as follow.s: . -(I) The contr;¡clor will not discriminate aftainst any employee' Or app1icant for. employment bec:wse of race, color, religion, sex, or national ori¡:in. The contractor' wilt t3kc affirmative ;¡ction to ensure tJlat ;tpplicants arc employed, :md tht employees arc: treated during emplo).ment, without rc{:ard to their ract', color, reli¡:ion, sex or national ori¡:in. Such action sh311 include, but not be: Jimitcd to the fOllowing: employ- ment, upgrading; demõtion, or tr:lnsfc:r: recruÎlment or recruitment advcrtising; layoff or termination; rales or payor other forms or eoUlf,ensation; and selection ror training, incJlIdin~ :.pprcnti,(~/¡ip. "fhe contractor as;reC$ to post in consllicuous places, avaibu e . to employees and appJic:Ults for employment, notices to be provided by the contracting e>fticer $eUin, Iorth the provisions 01 this 110nùiscrimination clause, "(2) Tbe contractor will, in aU solicitations 'or advertisements {or cmpJo).ccs placed 11.1 or on bchalf of tbe contr:lC:tor. 5t:!t!". that :111 qualified applicants win receive consiðcfó\lion for employment without rccud to race, color, religion, sex or naiåonal origin. . , "(3) The contnclor will send to (.1ela blJor unior¡ or representative of workers with wbich lie bas a collective barcainins: 3['.reCmCl1t or other contract or under- standing, a notice, 10 Lc provÌlkd by the ÕI&cocy contracting officer. ndvisinr; the labor. union or worke,,' representative 01 the contractor's commitments under Section 202 of Executive Order No. JJ246 of September 24, 1965, and sh"U post copics of the notice .In conspicuous places available to employees and applicants lor emplo)'ment. "(4) The contractor win compl,). with all provisions or Executive Order No, 11246 or Sept. 24, J965, and of the rures, regulations, and relevant ordcu of the Secretary 01 Labor. . ",(5) 'TIle contractor will furnish aU information ó\nd reports required by Executive Order No. 11246 01 September 24, 1965, anti by the rules, regulations,' :lntl orders 01 tbe Secretary of Labor, or pursuant thereto, and wil! permit access to his books. records, :tnd aCcounts by the contracting ",ceney and the Secretary of Labor lor' purposes o~ investi¡::ttion to ascerbin compliance: with $ucb rules, regulations, and orders. "(6) In the event of the contractor's noncomp1i:ance with the nondiscrimination clauses 01 this contract or with any or such rules. reRuJations; Or orders, this contract may be un celled, termin:ated or suspended in wbole or in p;¡rt and the contraclor . may be deduct! ineligible for further GOvernment contracts in accord:mce with' procedures authorized in Executive .Order No, 112'16 of Sept, 24, 1965, and stich other' sanctions m:ay be imposed and remedies invoked as provided in EXCCUli...c Order No, 11246 or Septcrnber 24, 1965, ~r by rule, reeulalion, or order or the Secretary of Labor, or as otherwise pro,,'idcd by law, "(7) The contractor will include the provisions or par;¡graphs (1) through (7) in every slIbcontnct or purchase order unless e>.:cmpte:d by rules, regulations, or orders 01 the Secretary or Labor issued pursuant to Section 2<» oc Executive Order No. 11246 of Septc:mber 24, J96S. so that such NovÌ$ions will be binding upon each subcontrólctor or vcndor. The contractor will take such action with re$pect 10 any subcontr:lct or purchase order as may be directed by the S«retary of ~bor as a mUns of enforcinG' such provisions including sanctions for noncompliance: P'l1fIÎded, ,('wt'"oXr, thai in Ihe event tbe contractor becomes involved in. or is threatened with, ¡iti¡;;ation with ~ subc;ontt:\ctor or vendor as a result of $ueh direction, thc contractor fmY reqUest the United States to enter into such Jiti¡:ation ~o proted the interests of the United States." (SubparaGraph"J reads as amended by£xecuive Order J2086, ti&:ned October 5, 1978 and dfcctive October 8, 1978.)