R-02-06 01/09/2006RESOLUTION R. rya ' 06
A RESOLUTION TO APPROVE A PROFESSIONAL SERVICE
AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND DON
MORRIS ARCHITECTS P.C.
NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that:
SECTION 1: That the Mayor is authorized to enter into a professional service
agreement with Don Morris Architects P.C. for purposes of conducting plan reviews and
building inspections.
SECTION 2: Effective Date: This Resolution shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
resolution and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS
on this q* Day of Shy ,,,,,,, , 2006.
AYES NAYS PASSED ABSENT
Debby Blatzer
Peter Coules
Cliff Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Attest:
CHARLENE SMOLLEN, Village Clerk
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF LEMONT
AND
DON MORRIS ARCHITECTS P.C.
1. This Agreement is made this # " day of , 2006 between the Village
of Lemont (hereinafter referred to as the Vill and Do ald E. Morris, Architect, P.C.
(hereinafter referred to as Morris) of 337 Shore Drive, Burr Ridge, Illinois 60527. This
agreement may not be assigned to any person or entity without written consent from the
Village, provided, however, that services called for in this Agreement may be preformed
by any qualified employee.
2. All services performed pursuant to this Agreement shall be approved in advance by the
Community Development Director or his/her designated representative. It is understood
that any invoice rendered under this Agreement must be approved by the Village Board
before payment is due, and paid under the provisions of the prompt payment act.
3. Morris shall perform the duties of Building Plans Examiner and Building Inspector
for the Village, which includes the review of all architectural plans transmitted to Morris
by the Village, providing written reports regarding Building Code Compliance for the
issuance of building permits, assisting the Village employees in interpretation of building
codes and making site inspections and such other duties as requested by the Village from
time to time.
4. The Village shall pay Morris at rates in accordance with the attached "Appendix A."
Morris shall provide a detailed statement for services rendered by address or project
number or other methods as agreed to with the Community Development Director.
5. Morris will provide the Village with services as provided within this contract at the
rates provided within attachment A for the duration of the contract. Morris will not
increase these rates without the written consent of the Village. It is understood that any
changes to the fee structure may require approval of the Village Board.
6. This agreement will be effective for a period of twelve (12) months from the date
executed.
7. All notices shall be deemed given as to date of delivery of delivered in person or upon
the party receiving and signing a mailing by Certified Mail- Return Receipt Requested
and addressed as follows:
If to the Village:
Village of Lemont
Attn: Village Administrator
418 Main Street
Lemont, IL 60439
If to Morris:
Donald E. Morris, Architect, P.C.
337 Shore Drive
Burr Ridge, IL 60527
9. The Village's Provisions are attached hereto and are incorporated into the contract in
their entirety.
ACCEPTED AND AGREED TO:
Donald E. Morris, Architect, P.C.
By:
Village of Lemont
by:
Don Morris Jo P' . za, Mayor
VILLAGE OF LEMONT PROVISIONS
Section 1- Contractor Statutory Compliance: Morris certifies that they are in
compliance with and have certified through affidavit that they are in compliance
(Appendix B) with the following:
1.1 — Contractor's Tax Delinquency Certification - 65 ILCS 5/1- 42.1 -1
1.2 — Contractor's Sexual Harassment Policy Certification — 775 ILCS 5/2- 105(A)(4)
1.3 — Contractor's Drug -Free Workplace Certification — 30 ILCS 580/1, et seq.
Section 2 — Indemnification: To the fullest extent permitted by law, Morris hereby
agrees to defend, indemnify and hold harmless the Village, its officials, agents and
employees, against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments,
cost and expenses (including attorneys fees), which may in anywise accrue against the
Village, its officials, agents and employees, arising in whole or in part or in consequence of
the performance of this work by Morris, its employees, agents or subcontractors, or which
may in anywise result therefore, except that arising out of the sole legal cause of the Village,
its agents or employees. Morris shall, at its own expense, appear, defend and pay all
charges of attorneys and all costs and other expenses arising therefore or incurred in
connections therewith, and, if any judgment shall be rendered against the Village, its
officials, agents and employees, in any such action, Morris shall, at its own expense, satisfy
and discharge the same.
Section 3- Insurance: Morris shall provide the Village a certificate of insurance
reflecting coverage for general liability, auto liability and worker's compensation
coverage in satisfactory amounts per stated in subsequent sections below. The Village,
its officials, agents, employees and volunteers are to be covered as additional insured as
respects: liability arising out of the work performed, including activities performed by or on
behalf of Morris; products and completed operations of Morris; premises owned, leased or
used by Morris; or automobiles owned, leased, hired or borrowed by Morris.
3.1 - Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. The general aggregate shall be twice
the required occurrence limit. Minimum General Aggregate shall be no less than
$2,000,000 or a project/contract specific aggregate of $1,000,000.
3.2 - Contractors Protective Liability (OCP): $1,000,000 combined single limit.
3.3 - Business Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3.4 - Workers' Compensation and Employers' Liability: Workers' Compensation
coverage with statutory limits and Employers' Liability limits of $1,000,000 per accident.
3.5 — Other Provisions:
3.5.1- General Liability and Automobile Liability Coverage
a. The Village, its officials, agents, employees and volunteers are to be covered as
additional insured as respects: liability arising out of Morris's work, including
activities performed by or on behalf of Morris; products and completed
operations of Morris; premises owned, leased or used by the Contractor; or
automobiles owned, leased, hired or borrowed by Morris. The coverage shall
contain no special limitations on the scope of protection afforded to the Village,
its officials, agents, employees and volunteers.
b. Morris's insurance coverage shall be primary as respects the Village, its
officials, agents, employees and volunteers. Any insurance or self - insurance
maintained by the Village, its officials, agents, employees and volunteers shall
be excess of Morris's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Village, its officials, agents, employees and volunteers.
d. Morris's insurance shall contain a Severability of Interests /Cross Liability
clause or language stating that Morris's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
e. If any commercial general liability insurance is being provided under an excess
or umbrella liability policy that does not "follow form," then Morris shall be
required to name the member, its officials, agents, employees and volunteers as
additional insured. A copy of the actual additional insured endorsement shall be
provided to the Village.
3.5.2 - Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Village, its
officials, agents, employees and volunteers for losses arising from work performed
by Morris for the municipality.
3.5.3 - Professional Liability
a. Professional liability insurance with limits not less than $1,000,00 each claim
with respect to negligent acts, errors and omissions in connection with
professional services to be provided under the contract, with a deductible not -to-
exceed $50,000 without prior written approval.
b. If the policy is written on a claims -made form, the retroactive date must be equal
to or preceding the effective date of the contract. In the event the policy is
cancelled, non - renewed or switched to an occurrence form, Morris shall be
required to purchase supplemental extending reporting period coverage for a
period of not less than three (3) years.
c. Additional Required Coverage (architect, engineer, surveyor, consultant):
Professional liability insurance that provides indemnification and defense for
injury or damage arising out of acts, errors, or omissions in providing the
following professional services, but not limited to the following:
i. Preparing, approving or failure to prepare or approve maps,
drawings, opinions, report, surveys, change orders, designs or
specifications;
ii. Providing direction, instruction, supervision, inspection, engineering
services or failing to provide them, if that is the primary cause of
injury or damage.
3.5.4 - All Coverage
Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days prior written notice by certified mail, return receipt requested,
has been given to the Village.
3.6 - Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A -, VII
and licensed to do business in the State of Illinois.
3.6 - Verification of Coverage
Morris shall furnish the Village with certificates of insurance naming the Village,
its officials, agents, employees and volunteers as additional insured, and with
original endorsements affecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf.
Appendix A
Fee Schedule
Appendix A — Fee Schedule
Residential — Plan Examinations:
1. Single Family Residence - $375
2. Additions - $250
3. Detached Garages - $100
4. Fences, Pools, Decks, etc... - $50
5. Clerical - $30 per hour
6. Resubmittals - $65
7. Zoning Review
i. < 3,000 s.f. - $200
ii. > or = 3,000 s.f. $575
8. Inspections - $50
Appendix B
Statutory Compliance Requirements
RETURN WITH BID
CONTRACTOR'S TAX DELINQUENCY CERTIFICATION
As required under 65 ILCS 5/11- 42.1 -1, provisions require that the Contractor certify
that there are no delinquent taxes outstanding that are otherwise due the Department of
Revenue unless they are being contested in accordance with established procedures. The
undersigned official of the Contractor hereby certifies that there are no violations of the
aforementioned act or if violations do exist, they are being contested properly.
Dated: 10/4/05
STATE OF ILLINOIS )
COUNTY OF co 04—) - SS
Contractor:
By:
Donald. E.
Morris Architects, P.C.
(Signature)
Donald E. Morris
Title: President
I, the undersigned, a Notary Public in and for the State and County aforesaid,
hereby certify that ��'' i° �' �' (Name of Signatory) appeared before me
this day in person and, being first duly sworn on oath, acknowledge that he /she executed the
foregoing certifications as his/her free act and deed.
Dated:
o //' /o
(NOTARY SEAL)
(Notary Public)
• • _r .FFIOAL S'E L
SC Eo S/E46
•
RETURN WITH BID
CONTRACTOR'S SEXUAL HARASSMENT POLICY CERTIFICATION
Donald E. Morris, Architects, P.C.
( "Contractor "),
having submitted a bid /proposal for Plan Exam & Inspection Servicesto the Village of
Lemont hereby certifies that said Contractor has a written sexual harassment policy in place in
full compliance with 775 ILCS 512- 105(AX4).
Dated:
10/4/05
STATE OF ILLINOIS )
COUNTY OF - SS
Contractor: Donald E. Morris Architects, P.C.
By:
(Authorized Agent of Contractor
Donald E. Morris
Title: President
I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby
certify that )900"61 U``'``J (Name of Signatory)
appeared before me this day in person and, being first duly swom on oath, acknowledged that
he /she executed the foregoing certification as his/her free act and deed.
Dated:
(NOTARY SEAL)
(Notary Pub 'c)
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