HomeMy WebLinkAboutRES.2204.08-07-2006BILL NO. 06-174
RESOLUTION NO. QQM
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT FOR PLANNING SERVICES
WITH ARCTURIS FOR DEVELOPMENT OF A
COMPREHENSIVE PLAN FOR THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement for Planning Services with Arcturis for development of
a comprehensive plan for the City of Cape Girardeau, Missouri. A
copy of said Agreement is attached to this Resolution and made a
part hereof.
PASSED AND ADOPTED THIS `41"" DAY OF
r
Ja B. Kn dtson, Mayor
Date: June 29, 2006
Project Name: Comprehensive Plan
Project Number: PLN -05 -TBD
Principal: Bill Burke
Client: City of Cape Girardeau
Client Contact: Heather Brooks
AGREEMENT FOR PLANNING SERVICES
THIS AGREEMENT, made this ik day of 1 ✓ in the year two thousand and six
BY AND BETWEEN the City of Cape Girardeau, Missouri, hereinafter called the "Client," and
ARCTURIS of St. Louis, Missouri, hereinafter called the "Consultant;"
WHEREAS, the Client desires to secure professional services to prepare a comprehensive plan
for the City of Cape Girardeau, hereinafter called the "Project;" and
WHEREAS, the Client has selected the Consultant to provide professional services for assisting
with the completion of the Project,
NOW, THEREFORE, the Client and the Consultant, in consideration of their mutual covenants
herein, agree in matters pertaining to the performance or furnishing of professional consulting services
by the Consultant with respect to the Project and the payment for those services by the Client as set
forth below.
ARTICLE I
PROJECT DESCRIPTION
Professional planning services to prepare a Comprehensive Plan for the City of Cape Girardeau.
ARTICLE II
SCOPE OF SERVICES
Obligation of the Consultant, et. al.
The Consultant, ARCTURIS, et. al, agrees to conduct research, employ appropriate analytical
techniques, prepare graphic plans, maps, and produce/conduct public planning workshops and public
hearings to obtain public response and input as necessary for the preparation of Comprehensive
Plan forthe City of Cape Girardeau, MO, hereafter called the Plan, for the entire confines of the City
of Cape Girardeau and its environs. The Plan shall be sufficiently comprehensive in scope to provide
planning guidance for the future growth and development of the City of Cape Girardeau, and for the
implementation of this said Plan through program identification, planning, and fund procurement
derived thereof.
The Plan shall address present and future land use, demographics, environmental constraints,
infrastructure, land use trends, mapping existing and proposed land use elements and related quality of
life aspects. All parts of the Plan shall be consistent with applicable planning and development
programs and policies. All recommendations for implementation of the Plan shall be justified as serving
a public purpose. The plan is a work made for the City of Cape Girardeau. The Plan and all copy
rights or other rights in the plan shall be owned by the City of Cape Girardeau.
The Consultant shall prepare a project schedule (see proposed schedule) and continually update the
schedule showing phases and dates of completion forthe accomplishment of project tasks as identified
herein. The Consultant shall complete all project tasks no later than twelve (12) months from the
notice to proceed, unless the Consultant demonstrates that the project has been unavoidably delayed.
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The notice to proceed shall be in writing from the City's authorized official
The Consultant shall exercise due diligence and professional competence in analysis of those
documents and data which may be furnished by the Client. The Consultant shall personally examine
and investigate the Plan's study area, comprising the territory within the City's corporate limits and
environs, to extend no more than 2 miles from the City limits as of June 30, 2006. The Consultant shall
advise the Client of any inadequacies or uncertainties of the existing environment, infrastructure; to
include sewers, water facilities and other community facilities, buildings or other improvements, which
may impede the orderly and expeditious implementation of the Plan.
More particularly, the Consultant agrees to follow the following project tasks in the preparation of the
City of Cape Girardeau's Comprehensive Plan:
Task I: Identifying Existing Conditions
The Consultant shall investigate documents, policies and present plans in reviewing the existing land
use issues facing the City of Cape Girardeau and its planning and development history. This task will
initiate the involvement of the Steering Committee, the City's elected and appointed officials and the
development community, to ensure their participation in the preparation and implementation of the
Plan. Under Task I the consultant will review the planning and zoning process within the City of Cape
Girardeau and contact representatives from the City, MoDOT, MAGNET, the Convention and Visitor's
Bureau and other agencies, as needed to obtain historical data, past development and land use plans,
including the City's 1987 Comprehensive Plan, the City's current planning and zoning regulations, and
pertinent information that may be useful in our becoming more familiar with the planning area.
Task I Deliverables: This task will include an initial meeting (Kick-off) with the Steering Committee to
review the project schedule, schedule meetings and begin the process of data collection. The
proposed fee is based on the timely delivery of the requested planning documentation and (1) one (2)
two-day site visit to interview stakeholders and attend the kick-off meeting.
Task II: Analysis, Inventory and Evaluation of Physical Conditions
An inventory of existing conditions in the City of Cape Girardeau and a review of pertinent background
information will be completed by Arcturis. We will contact appropriate agencies and offices to obtain
land use plans from contiguous communities, the City's Master Street Plan, local and regional parks &
recreation plans, housing plans, transportation plans and other information that will help further analyze
the city's planning elements. The Project Team will tour the planning area and assess the visual and
physical strengths and weaknesses of the City and its immediate surroundings. Data collection will
include a windshield survey and image inventory of key land use elements including buildings,
institutions, parks, gateway features, signs, intersections, lighting, landscaping and sidewalks.
We will prepare a population analysis for the City. The analysis will include a demographic composite
of the City and compare the findings with no less than two (2) other "peer" cities and the County. A
complete inventory and evaluation of physical and cultural development factors within the City of Cape
Girardeau and its environs will also be provided. Observations will be presented in written and map
form and include:
A. Existing Land Use, Zoning & Building Permit Data
B. Demographic and Census Data
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C. Economic Development Factors to include:
• Local and regional markets
• Convention & Visitor's Bureau
• MAGNET
• Major transportation routes and access to multi -model facilities
• Old Town Cape Main Street Program
• Chamber of Commerce
• Southeast Missouri State University
• Prospective retail/commercial/industrial development sites
• Future expansion or relocation plans of local businesses & industry
D. Existing transportation factors
Determine present and future transportation needs, including highways,
railroads, public transportation, parking, connectivity, pedestrian accessibility,
safety, ADA, etc.
E. Utility systems
Sewers, water lines, drainage, electrical and gas transmission,
telecommunications, fiber optics, cable.
F. Limiting physical and cultural features
• Slope areas, geology, stream, rivers and wetland areas
• Public buildings or facilities, Southeast Missouri State University, Cape
School District. Federal Courthouse and other local institutions, government
activity centers, hospitals and churches.
• Significant traffic generators, businesses, corporate headquarters major
industries and employment destinations
• Historic and cultural preservation and awareness
G. Parks and Recreation
Identify deficiencies and/or surpluses in parks and recreation facilities
Identify future park expansion, Mississippi riverwalk enhancements and other
connection opportunities.
Task H Deliverables: The deliverables for this task will include a report of the physical conditions
including land use, housing conditions, development trends and socioeconomic conditions including a
complete population analysis. Maps will be produced in conjunction with the physical conditions
report. Maps shall include a Community Facilities Map, Land Use Map, Environmental Constraints Map
and Development Opportunities Map. Additional maps will be developed for an additional fee on a time
and material basis.
Task III: Public Participation
This task will initiate the involvement of the Steering Committee, the City Council, Planning & Zoning
Commission and other agencies to ensure their participation in the preparation and implementation of
the Plan. Select members of the development community, business leaders and neighborhood
trustees should also be included in the public participation activities. The City of Cape Girardeau
Comprehensive Plan Public Engagement Activities includes:
A. Key StakeholderInterviews: The Consultant will interview up to ten (10) key stakeholders to
help identify the issues facing the City of Cape Girardeau and its planning and development
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future. Stakeholders may include elected and appointed officials, City committee members,
MODOT representatives, local business owners, religious leaders, SEMO representatives, etc.
B. Town Planning Charrette 1- Housing and Neighborhood Awareness The "Housing &
Neighborhood Awareness Town Planning Charrette" will include citizens and stakeholders
within the neighborhood. The Housing and Neighborhood Awareness Charrette will facilitate
discussions about the success of the City's neighborhoods, residential redevelopment, infill
development, first-time homebuyer housing options, medium to high density housing
alternatives, historic preservation and how the community wants to look and grow in the future.
The workshop will also help identify future opportunities that may exist, including ideas of where
new in -fill can occur and what it would look like; changing residential demands, lifecycle
housing, etc.
Town Planning Charrette 2- Business Activity and Economic Stability: A second "Town
Planning Charrette" will be conducted involving the City's business community, area chambers
of commerce, MAGNET, the Old Town Cape Main Street Program and the City's decision
makers. This Charrette will formulate identifiable needs of the City and its business community.
What is unique within the realm of economic development planning and business retention?
What are the resources that could be used and implemented? How can organizations better
assist with economic development activities? How does the community best prepare for future
economic opportunities? What are the community's present business retention and recruitment
practices? Should they be continued? What types of economic incentives are needed, where
should they be introduced, and what should be recommended for future use?
C. Citizen SurveyA community survey will be distributed during each of the public engagement
activities, posted on the City's website and copies will be provided to be distributed to residents
and business owners throughout the project area. The intent of the survey is to generate
additional ideas and concerns individuals may not feel comfortable discussing in a public forum
and to statistically validate the planning and urban design issues facing the City of Cape
Girardeau as they relate to the Comprehensive Plan.
D. Focus Group Meeting (Optional) The Consultant will conduct four topic -specific focus group
meetings limited to 10-15 individuals conducted in the homes or businesses within the project
area. The intent of the "Living Room Meetings" is to bring the planning process into the
neighborhoods and business community. This enables the Planning Team to seethe City from
the eyes of its resident's, business owners, students and consumers. The focus sessions will
help the project team get a local perspective of the planning environment and the issues
influencing growth and development.
Task /11 Deliverables: A summary report will be prepared and presented to the Steering Committee
following the public participation activites and survey tabulation. This report will provide the
documentation of all information gathered during the public engagment activities and summary of the
areas of concensus. One electronic copy will be provided of all reports.
Task IV: Critical Issues Report
An overall summary of the public engagement activites will be compiled and presented to identify the
critical issues recognized through the preceding process. A Critical Issues report will be prepared that
prioritizes the development concerns that emerged during the public engagement activities and general
research for the plan. This information will provide direction in the development of the Goals and
Objectives for the City of Cape Girardeau and identify key resources and strategies for implementing
the Comprehensive Plan.
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Task IV Deliverables: A Critical Issues Report will be prepared and presented to the Steering
Committee. This doument will identify the values of the commuity and its vision for the future as it
relates the Comprehensive Plan. One electronic copy will be provided of all reports.
Task V: Goals, Objectives & Policies
The Goals and Objectives of the City of Cape Girardeau will consist of vision and mission statements
constructed to address future growth and specific issues identified earlier within the study. Arcturis will
hold a meeting with community leaders and representatives and the Steering Committee in formulating
the basis for the City of Cape Girardeau Comprehensive Plan. The goals and objectives will be the
basis for establishing policies and priorities for coordinated development and redevelopment. The
goals and objectives will form the framework for the development of the Comprehensive Plan land use
recommendations.
Task V Deliverables: A Goals and Objectives report will be produced identifying the goals, objectives
and policy statements for the Comprehensive Plan.
Task VI: Future Land Use Plan and Planning District Map
Strategies will be developed identifying the most effective use of existing land (redeveloped land),
undeveloped land, and surrounding land outside the present city limits. This task will also assess the
demand for new, multi -family and single-family housing options. This analysis will consider and
present:
• The demographic trends influencing housing demand within the City
• The competition in the area's housing market
• Project the demand for new and renovated housing
• Project the phasing and absorption rate for new housing by type
We will also identify unmet and realistic commercial and industrial opportunities within the City. This
will include an evaluation of mixed-use in -fill opportunities, new development, adaptive reuse and
redevelopment opportunities. The findings of this task will be analyzed and presented as short and
long term opportunities for the community. This will include priorities and strategies to help achieve the
market potential consistent with the current and forecasted market potential upon redevelopment—
recognizing the area's physical characteristics and considering existing and potential public financial
resources. Based on these findings, we will present achievable short and long term goals and
recommend strategies for expanding and strengthening the target area's position in the local and
regional markets. The action plan will identify specific steps to implement the desired results and
recommend resources needed to achieve a more vital business climate.
Under this task we will divide the project area into Neighborhood Planning Districts. These districts will
guide the formation of the Future Land Use map and policy recommendations for the City. This task
will produce a multi -colored land use map, showing planning districts and micro -neighborhoods that will
relate directly to the Comprehensive Plan.
Task V/ Deliverables: The deliverables for this task include the Future Land Use Map, Planning
District Maps and Planning District/Future Land Use recommendations. The maps will show future land
use, recommended road improvements, proposed park locations, recommend trail corridors and other
community facilities and recommended improvements. These improvements may include the location
of gateway features, streetscape enhancement corridors, viewshed preservation areas, strategic
redevelopment locations and future growth areas. The accompanying Planning Districts report will
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explain in both narrative and graphic means the proposed land use recommendations and other future
improvements.
Task VII: Implementation:
ARCTURIS will review the use of traditional and non-traditional tools and approaches for guiding
community development. These tools will include, but not be limited to current ordinances and
regulations, the principles of new urbanism, smart growth, sustainable communities, form based
zoning and other applicable planning and design tools and concepts.
Options for implementing the goals and objectives of the plan will be identified in a written report.
Options will include financing, physical improvement, regulatory and other relevant implementation tools
and actions that the City can utilize. Based upon the input from the prior phases and the experience
and expertise of the project team, Arcturis will recommend land use policies, overlay district options,
future land use projections and zoning changes to implement the preferred alternatives. The
recommendations will be presented in both narrative and graphic means and will focus on establishing
sound land use policy that will guide all future development, redevelopment and zoning decisions.
Following input from the Steering Committee and/or their designated review authority(s), the
implementation strategies and options will be revised to reflect preferred changes. The recommended
strategies for developing preferred implementation options will then be incorporated into the
Comprehensive Plan and made available for public review/comment prior to the public hearing.
Task VI113: Vignettes (OPTIONAL)
Vignettes can be used to help articulate the desired development characteristics and spatial
relationships. General architectural patterns, massing, landscape and site design and site planning
can be illustrated using a variety of manual and computer generated mediums. Vignettes provide a
vision of the desired appearance of a model infill development, adaptive reuse project or mixed-use
center. They can include buildings, landscaping, signage and other aesthetic improvements. Written
narratives for each vignette can be provided annotating the information being conveyed in the
illustration.
Task VII Deliverables: This task includes the Implementation Plan for the City of Cape Girardeau's
Comprehensive Plan. The Implementation Plan will identify recommended funding sources, a phasing
schedule and identify the parties responsible for each implementation strategy. A vignette or graphic
illustration of a model development will be developed for a specific development -type or re-
development location for an additional fee.
Task VIII: Formulation of the Plan: The final product, the City of Cape Girardeau long range
Comprehensive Plan, will be the synthesis of efforts and research into providing the client with a
workable, sound document, fine tuned to the desired future of the City. The first draft and an
Executive Summary will be distributed for review by the Steering Committee. The Plan will then be
presented by the consultant team at a public meeting. All suggested revisions and alterations will
be completed and presented in the final Plan.
. Socio-economic and Demographic Analysis . Goals, Objectives & Policies
. Existing Land Use & Environmental Analysis . Future Land Use & Sub -Area Plan
. Community Facilities Plan . Capital Improvements Programming Plan
. Transportation Analysis . Implementation Strategies
. Public Engagement/Critical Issues Summary
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Task Vlll Deliverables: The first complete draft of the City's Comprehensive Plan and Executive
Summary will be developed under this task.
Task IX: Public Hearing:
Conduct a public hearing for community comment and information, leading to the adoption of the City
of Cape Girardeau Comprehensive Community Plan including preparation of the statutorily -required
public notice of the hearing by the Planning and Zoning Commission.
Task IX Deliverables: Task IX includes the Project Manager's attendance at the Public Hearing to
present the Plan and the necessary time needed to prepare the presentation.
Task X: Formulation of the City of Cape Girardeau Comprehensive Plan:
The final document will be presented in a format and language that is user friendly and easily
understood and accessible to the general public, as requested in the RFP. Following final adoption, all
final revisions will be made and the Consultant will prepare an original updated plan for reproduction.
In addition, the adopted Plan will be provided, as updated, in an electronic and reproducible "hard
copy" format. A "PDF" format will also be provided to enable review and reproduction of the document
for use on the City's Website.
Task X Deliverables: This task includes the final edits and production of the City's Comprehensive
Plan
The final report shall be submitted in three formats:
1. 50 printed, bound, color copies;
2. An unbound reproducible original copy;
3. 100 printed copies of the overall executive summary;
4. CD-ROM of the text and all graphics in digital format, compatible with those programs utilized by the
City and its GIS system. It is understood that the City uses ESRI ArcGIS 9.1, Geodatabase or
Shapefile file formats and Microsoft Office Suite file formats (doc, .xIs, and .PDF).
ARTICLE III
SCHEDULE
The schedule for the plan is twelve (12) months. The Consultant will commence work upon full
execution of this Agreement for planning services. Up to twelve (12) meetings, which include the Town
Planning Charrette key stakeholder interviews, public hearing and review sessions with the Steering
Committee, will be attended by the Consultant during the course of the project.
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ARTICLE IV
COMPENSATION
The Client shall compensate the Consultant with a Fixed Fee as outlined below including reimbursable
expenses, for performing the services described in the Scope of Services, as summarized below.
A. Total Professional Fees for Tasks I through X: $74,485.00
B. 4 Focus Sessions (approximately $1,500 each): $6,000.00
C. 75% of Performance Bond estimated at $2,000 $1,500.00
D. Vignettes (approximately $2,500 each): TBD
E. Total: $81,985.00
Hourly services and/or expenses, if any, may be provided beyond the lump sum fee scope of Article II
of the Project, as directed by the Client. Any work done beyond Article II shall be authorized by the
Client before the additional work commences. Should the Consultant perform additional services as
directed by the Client beyond those specified in Article II, compensation will be billed on an hourly basis
using Arcturis' current hourly rates. The Consultant, as a condition to payment of amounts above the
lump sums herein specified, shall first notify the Client that the services requested or contemplated by
the Client falls outside the scope of services in Article II, and provide the Client a reasonable estimate
of the cost of the work so requested or contemplated.
ARTICLE V
TERMS AND CONDITIONS OF AGREEMENT
1. Fee Guarantee
Arcturis reserves the right to review the fee in this Agreement, and revise same, if no action has been
taken by Client to implement the project 45 days after the date of this Agreement. Arcturis also
reserves the right to review the compensation rates annually.
2. Project Commencement
Project work commences when Arcturis receives Client's written authorization.
3. Invoices
Client will receive an invoice every month for services performed during the previous month or as
established in the payment schedule. Payment is due upon receipt. Interest will be added 30 days
after the invoice date, at the maximum rate allowed by law. Arcturis has the right to suspend work,
without breach of contract, if Client's account is past due.
4. Change of Scope
This is work beyond what is agreed to, including revisions due to Client's adjustments in the scope,
budget, or quality of the project. Arcturis will issue a Change of Scope form documenting the change
and its effect on the fee and schedule.
5. Project Suspension and Project Delays
If the project is delayed as a result of delays in the Client's review process, time expenditures occurring
beyond the original project completion date will be charged at standard hourly rates, current at that
time, or at a fixed fee. If Client puts the project on hold for more than 30 days, Arcturis reserves the
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right to renegotiate the balance of its fee to reflect current personnel expenses. A restart fee will also
be charged at a rate of between $500.00 - $1,000.00 to cover administrative and personnel
rescheduling costs.
6. Arcturis Insurance
A. Arcturis is protected by Workman's Compensation, Professional Liability and General Liability
Insurance. Insurance verification is available upon request. If Client requires additional
coverage, Client will reimburse Arcturis for increased premiums. Arcturis will not be responsible
for any loss, damage or liability arising from Client's negligent acts, errors and omissions; or
those by Client's consultants, contractors and agents; or from those of any person for whose
conduct Arcturis is not legally responsible.
B. Professional agrees to secure and maintain for the periods set forth below, at Professional's
sole cost and expense, the following insurance coverages in the form and in amounts not less
than the amounts specified below:
a. Professional shall maintain at all times during the term of this Agreement and for a
period of one (1) year, after date of completion, insurance covering claims arising out of
the performance of Professional's services under this Agreement and for claims arising
out of allegations of errors, omissions or negligent acts for which Professional may be
liable, with a minimum policy limit of Two Million Dollars ($2,000,000.00) each
claim/aggregate. Professional shall maintain at all times during the term of this
Agreement and for a period of three (3) years, annually renewed, thereafter insurance
covering claims arising out of the performance of Professional's services under this
Agreement and for claims arising out of allegations of errors, omissions or negligent
acts for which Professional may be liable, with a minimum policy limit of Five Hundred
Thousand Dollars ($500,000.00) each claim/aggregate.
b. Professional shall maintain at all times during the term of this Agreement and for a
period of one (1) year after date of completion commercial general liability insurance
with a standard broad -form endorsement which shall protect Professional and the City,
their agents, servants, employees, officers and consultants against claims in connection
with or resulting from Professional's performance of this Agreement. Such insurance
shall be endorsed to provide blanket contractual liability insurance and shall cover
Professional's indemnity obligations contained in this Agreement, as well as other
contractual liability. Such insurance shall have coverage with a combined single limit of
not less than Two Million Dollars ($2,000,000.00) per occurrence. If such insurance
policy contains a general aggregate limit, it shall separately apply to this Project.
Professional shall maintain at all times during the term of this Agreement and for a
period of three (3) years thereafter comprehensive general liability insurance with a
standard broad -form endorsement which shall protect Professional and the City, their
agents, servants, employees, officers and consultants against claims in connection with
or resulting from Professional's performance of this Agreement. Such insurance shall
be endorsed to provide blanket contractual liability insurance and shall cover
Professional's indemnity obligations contained in this Agreement, as well as other
contractual liability. Such insurance shall have coverage with a combined single limit of
not less than One Million Dollars ($1,000,000.00).
c. Professional shall maintain at all times during the term of this Agreement and for a
period of one (1) year after date of completion business automobile insurance coverage
for all owned, hired or non -owned vehicles utilized by Professional with minimum limits
of coverage of a combined limit of not less than One Million Dollars ($1,000,000.00) per
occurrence. Professional shall maintain at all times during the term of this
Agreement and for a period of three (3) years thereafter business automobile insurance
coverage for all owned, hired or non -owned vehicles utilized by Professional with
minimum limits of coverage of a combined limit of not less than One Million Dollars
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($1,000,000.00) per occurrence.
d. Professional shall maintain at all times during the term of this Agreement an "all risk"
property damage floater policy covering Professional's personal property and
Professional's equipment, whether owned, leased or rented by Professional. In
addition, Professional shall effect "valuable paper" coverage in an amount equal to the
cost to reproduce or replace data, maps, drawings, specifications and any other
materials relating to the Project. Professional shall maintain at all times during the
term of this Agreement an "all risk" property damage floater policy covering
Professional's personal property and Professional's equipment, whether owned, leased
or rented by Professional. In addition, Professional shall effect "valuable paper"
coverage in an amount equal to the cost to reproduce or replace data, maps, drawings,
specifications and any other materials relating to the Project.
e. Professional shall maintain at all times during the term of this Agreement insurance
coverage for:
i. Claims under workers' or workman's compensation, disability benefit and other
similar employee benefit laws;
ii. Claims for damages because of bodily injury, occupational sickness or disease
or death of Professional's employees under any applicable employer's liability
law; and
iii. Claims for damages for bodily injury, sicknesses or disease or death of persons
other than Professional's employees.
f. Professional shall maintain at all times during the term of this Agreement an Umbrella
policy with minimum limits of Five Million Dollars ($5,000,000.00).
g. Professional's commercial general liability policy and business automobile liability policy,
as set forth above, shall be endorsed to include the City as an additional insured.
Further, Professional's "all-risk property damage policy" shall cover the City's interest in
such property.
h. All insurance required by this section shall be endorsed to be primary and not
contributing with any other liability insurance available to the City.
i. All insurance required hereunder shall not be subject to a deductible amount on a per -
claim basis of more than Ten Thousand Dollars ($10,000.00) and shall not be subject to
a per -occurrence deductible of more than Twenty -Five Thousand Dollars ($25,000.00)
except that Professional Liability insurance will be subject to a deductible of One
Hundred Thousand ($100,000.00). Professional's comprehensive liability policy,
business automobile liability policy and "all risk" property damage policy, as set forth
above, shall be on an occurrence basis.
j. All insurance coverage procured by Professional, with the possible exception of workers
compensation insurance coverage, shall be provided by insurance companies having
policyholder ratings not lower than "A-" and financial ratings not lower than "VIII" in the
Best's Insurance Guide, latest edition in effect as of the date of this Agreement and
subsequently in effect at the time of renewal of any policies required hereunder.
k. Professional shall provide certificate(s) of insurance to the City before Professional shall
be entitled to any sum of money payable under this Agreement. All certificates shall be
executed by a duly authorized agent of each of the applicable insurance carriers and
state that at least thirty (30) days' notice shall be given to the City before any policy
covered thereby is changed or canceled. Such certificate shall be in a form acceptable
to the City. Professional shall have the obligation to provide additional certificate(s)
evidencing continuation of coverages with respect to insurance coverages that are to
remain in force after completion of the Project as set forth in this section.
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I. The maintenance in full current force and effect of such terms and amounts of
insurance shall be a condition precedent to Professional's exercise or enforcement of
any rights under this Agreement.
m. Professional hereby waives all rights to assert any claim against the City with respect to
any loss or damage howsoever caused to the extent any such loss or damage is
covered by insurance including deductibles or self-insurance. Professional and its
insurers hereby waive all rights of subrogation. A waiver of subrogation cannot be
provided by Workman's Compensation carrier.
n. If a part of the Work hereunder is performed by a consultant or subcontractor of
Professional, Professional shall cover any and all consultants and subcontractors in its
policies and require each consultant or subcontractor to secure and maintain insurance
against all applicable hazards or risks of loss and in the amounts and forms set forth in
this section.
7. Indemnification
A. To the fullest extent permitted by law, the Client shall indemnify and hold harmless Arcturis and
their agents and employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting from the performance of
the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily
injury, sickness, disease or death or to injury to or destruction of tangible property (other than
the Work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in
part by any negligent act or omission of the Client or anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, regardless of whether or not it
is caused in part by a party indemnified hereunder. Such obligation shall not be construed to
negate, abridge, or otherwise reduce any other right or obligation of indemnity which would
otherwise exist as to any party or person.
B. Professional shall indemnify and hold harmless the City and its consultants, officers, agents and
employees from and against claims, damages, losses or expenses, including, but not limited to,
reasonable attorneys' fees, arising out of or resulting from the performance of Professional's
services hereunder and the contributory negligence of the Professional and any third party
regardless of whether or not such claim, damage, loss or expense is caused or is alleged to be
caused in part by the negligence of a party indemnified hereunder. The above -said right of
indemnity shall be in addition to other rights of indemnity that the City may possess.
C. All insurance required hereunder shall provide that the insurer's cost of providing the insured(s)
a defense and appeal, including attorneys' fees, shall be supplementary and shall not be
included as part of the policy limits, but shall remain the insurer's separate responsibility.
Professional shall cause its insurance carriers, except for Workman's Compensation insurance
carrier, to waive all rights of subrogation against the Owner and their officers, employees and
agents.
8. Agreement Termination
This Agreement may be terminated upon seven days written notice by either party if the other party fails
to perform by the terms and conditions stated in this document. In the event of either termination or
project suspension, Client will pay Arcturis for services performed and reimbursable incurred to date.
9. Publicity
Client agrees to credit Arcturis by name and title in all publicity involving the project. Arcturis will
publicly reveal project information only with Client's prior approval.
10. Successors and Assigns
Client and Arcturis agree respectively to bind themselves, their successors and their assigns to the
terms of this Agreement.
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City of Cape Girardeau, Missouri Comprehensive Plan Update
Contract and Scope of Work for Professional Services
11. Ownership of Documents
A. All drawings, sketches, reports, computer discs and documents which Arcturis prepares
as instruments of service shall remain its property. Client agrees that all work which
Arcturis furnishes, which is not paid for, will be returned and will not be used for any
purpose.
B. All data, documents, graphic displays, designs, plans, specifications, models, computer-
assisted design documents, computer discs, diskettes, and reports which contain
information relating to Professional's performance hereunder or which are originated
and prepared for the City pursuant to this Agreement shall be work for hire and shall
become property of the City, upon payment in full to Professional for all services
performed hereunder.
C. The City shall have the right to use, duplicate and disclose in whole, or in part, in any
manner for any proper purpose relating to the project, including additions thereto, all
data, documents, graphic displays, designs, plans and reports prepared pursuant to this
Agreement and to authorize others to do so, except, the Professional shall not be liable
for work performed as a result of changes made to the document by the City or others.
D. Professional shall not duplicate or disclose, in whole or in part, in any manner, any data,
documents, graphic displays, designs, plans or reports prepared pursuant to this
Agreement without the prior written approval of the City. Professional can use its
standard details and specifications, which it has prepared, on other projects without the
prior consent of the City.
12. Design/Build
Client may solicit Design/Build proposals from subcontractors, based on Arcturis documents,
understanding that Client is responsible for engineering services and certifications, for code compliance
and the coordination of this work. Arcturis will review these documents only for consistency with its
design concept.
13. Employees
The Client agrees that it will not solicit or hire, directly or indirectly, any employee of Arcturis, without the
prior written approval of Arcturis.
14. Choice of Law
This Agreement shall be governed by the laws of the State of Missouri, including Choice of Law.
15. Project Team
BillBurke, RLA............................................................................................. Principal
Todd M. Streiler, AICP....................................................................... Project Leader
KristyDeGuire.............................................................................................. Planner II
SurabhiBarbhaya...........................................................................................Planner I
Julie Finocchio........................................................................ Administrative Support
16. Independent Contractor
It is understood and agreed that Professional is acting as an independent contractor in performance of
Professional's obligations hereunder. Nothing herein contained shall be construed as creating the
relationship of principal and agent or employer and employee or a partnership between the City and
Professional. Neither the Professional nor its consultants, subcontractors or any of their employees is
entitled to receive from the City any insurance coverage, pension, profit sharing, paid vacation, sick
leave, disability or other benefits normally provided by the City to its officers, agents or employees.
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City of Cape Girardeau, Missouri Comprehensive Plan Update
Contract and Scope of Work for Professional Services
17. Performance Bond
Professional shall furnish a performance bond in an amount at least equal to the Contract Price as
security for the faithful performance of the Professional's obligations under this Contract. The cost of
this bond, estimated at Two Thousand Dollars ($2,000.00), shall be shared by the City and ARCTURIS.
The City shall reimburse ARCTURIS for Seventy-five Percent (75%) of the cost of the bond.
IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by their duly
authorized officers in three (3) counterparts, each of which shall be deemed an original, on the day and
year first above written.
CONSULTANT:
ARCTURIS
1910 Pim e
St. L [ isUatricia O61
By:
C F-0
CITY:
CITY OF CAPE GIRARDEAU, MISSOURI
401 Independence Street
Cape Girardeau, MO 63703
Authori ed Official
ATTEST:
City CIA)
"NOTICE TO OWNER"
FAILURE OF THIS CONTRACTOR TO PAYTHOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO
COMPLETE THIS CONTRACT CAN RESULT /N THE FILING OFA MECHANIC'S LIEN ON THE PROPERTY
WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMo. TO AVOID THIS
RESULT, YOU MAYASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING
MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN
WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.
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City of Cape Girardeau, Missouri Comprehensive Plan Update
Contract and Scope of Work for Professional Services
CLASSIFICATION
Principal:
Senior Project Leader:
Project Leader
Senior Planner:
Planner III
Planner II:
Planner I:
Administrative Support:
Mileage
ARCTURIS
HOURLY RATES
THROUGH DECEMBER 31, 2006
HOURLY RATE
$150.00
$120.00
$105.00
$95.00
$85.00
$75.00
$65.00
$50.00
Current IRS Approved Mileage Rate
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City of Cape Girardeau, Missouri Comprehensive Plan Update
Contract and Scope of Work for Professional Services
Project Schedule
Proposed Meetina Summa
Meeting #1- Kick -Off Meeting #12- Finalization of the Plan
Meeting #2- Existing Conditions Report- Public Participation Prep.
Meeting #3- Public Participation
Meeting #4 Public Participation (Charrette #1)
Meeting #5 -Public Participation (Charrette #2)
Meeting #6- Critical Issues Report
Meeting #7- Goals & Objectives
Meeting #8- Goals & Objectives / Future Land Use
Meeting #9- Future Land Use Plan/ Implementation Strategies
Meeting #10- Review First Draft
Meeting #11- Public Hearing / Final Plan
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