2001-03RESOLUTION NO. 2001- 3
A RESOLUTION APPROVING AN ENGINEERING SERVICE AGREEMENT
FOR THE RESERVOIR NO, 7 EXTERNAL SURFACE REPAIR PROJECT
WHEREAS, the completion of the Reservoir No. 7 External Surface
Repair Project is desired; and,
WHEREAS, consulting engineering services are required in order to
proceed with the completion of this project;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND
LAKE COUNTIES, ILLINOIS, as follows:
Section 1. The Professional Services Agreement related to the
Reservoir No. 7 External Surface Repair Project is hereby approved.
Section 2. The Village Manager is authorized and directed to execute
the agreement. A copy of said agreement is attached hereto and made a part hereof.
AYES: 6 - Marienthal, Braiman, Hendricks, Glover, Berman, Johnson
NAYES: 0 - None
ABSENT: 0 None
PASSED: February 5 , 2001
APPROVED: February 5 , 2001
APPROVED:
Village President
ATTEST:
Village Clerk
G APW DIRGRP \LHC \RES VOR \res701.doc
PROFESSIONAL SERVICES AGREEMENT
PROJECT NAME (Project)
Rehabilitation of Tennis Courts at Reservoir No. 7
This Agreement is by and between
VILLAGE OF BUFFALO GROVE ( "Village ")
by and through its
Department of Public Works
Fifty One Raupp Boulevard
Buffalo Grove, IL 60089 -2198
and
CLARK DIETZ, INC. ( "CDI")
118 S. Clinton Street, Suite 600
Chicago, IL 60606
Who agree as follows:
Village hereby engages CDI to perform the services set forth in Part I - Services ( "Services ") and
CDI agrees to perform the Services for the compensation set forth in Part III - Compensation
( "Compensation "). CDI shall be authorized to commence the Services upon execution of this
Agreement and written authorization to proceed from Village. Village and CDI agree that these
signature pages, together with Parts I- V(pages 1 through 9) and attachments referred to therein,
constitute the entire Agreement ( "Agreement ") between them relating to the Project.
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APPROVED FOR VILLAGE:
VILLAGE OF BUFFALO GROVE
BY: W&. t
Village Manager
ATTEST: .
Vil e Clerk
DATE: Yt�3to
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APPROVALS
A57
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PART I
SERVICES
A. PROJECT DESCRIPTION
•
The project is located in the Village of Buffalo Grove at Reservoir No. 7. The roof of
the reservoir has an asphalt overlay and is used as tennis courts. The asphalt surface has
deteriorated which makes the surface unsuitable for good quality tennis play. A drainage
trough located between the tennis courts does not have the proper slope and causes water
to pond. This contributes to the deterioration of the asphalt surface. The purpose of this
project is to repair or replace the playing surface; rehabilitate the trough and repair the
joint seal, to provide proper drainage.
B. SCOPE
This project can be divided into three phases: Design Phase, Bidding Phase, and
Construction Phase. The SCOPE OF WORK for each phase is provided below.
1. Design Phase:
a. To attend a project kick -off meeting at the Village Office. At this meeting the
selection of the two alternate surface types that will be included in the design
plans will be made.
b. To prepare construction plans and specifications for the two selected alternates for
the tennis court surface, for the areas outside of the tennis court area, for the
method of rehabilitating the drainage trough, and for sealing the center joint.
c. To prepare an opinion of the probable construction cost for the project when the
plans are 95% complete.
d. To attend a project review meeting at the Village Office when the construction
plans are 95% complete. The Village will be furnished four sets of plans and
specifications for review.
2. Bidding Phase:
a. To attend a pre -bid meeting at the Village Office. CDI will furnish the Village
with ten sets (four for Village staff, six for potential bidders) of bidding
documents. CDI will distribute the plans to potential bidders from their Chicago
Office.
b. To prepare and issue any contract addenda.
c. To review the bids received by the Village and make a recommendation to the
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Village for acceptance or rejection of the bids.
3. Construction Phase:
a. To attend a pre - construction meeting at the Village Office.
b. To provide resident construction observation services for the project. The project
is assumed to last four (4) weeks. Observation services will be provided
approximately two (2) day per week. The total days of field observation will not
exceed eight (8) days.
c. To review specified shop drawings and product data sheets submitted by the
Contractor.
d. To respond to Contractors' requests for information.
e. To prepare project change orders.
f. To prepare a project punch list and conduct a final inspection with Village
representatives.
g. To prepare record drawings for the project.
C. ASSUMPTIONS /CONDITIONS
This agreement is subject to the following assumptions and conditions.
CDI prepared a report (last revised June 6, 2000) with recommendations for the
rehabilitation of the tennis courts. This report included options for several different
types of surfaces. The Village also received an estimate for another surface type from
Olson Bros. Recreational Surfaces, Inc. in a letter dated December 13, 2000. The two
alternate surface types that will be included in the construction documents will be
selected from these two documents. The investigation of other surface types or repair
methods is not included in the SCOPE OF WORK of this contract.
2. Testing of any construction materials required for this project is not included in the
SCOPE OF WORK of this contract. The Village will contract for these in accordance
with the terms of the construction documents and contract.
D. SCHEDULE
It is anticipated that 95% review plans will be given to the Village within 45 days after
the selection of the two alternates for the tennis court surfaces per Section I.B.La of this
contract.
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PART II
VILLAGE'S RESPONSIBILITIES
Village shall, at its expense, do the following in a timely manner so as not to delay the services:
A. INFORMATION/REPORTS
CDI has performed previous studies of the site. Provide CDI with additional reports,
studies, regulatory decisions and similar information relating to the Services that CDI
may rely upon without independent verification unless specifically identified as requiring
such verification. CDI shall verify such items unless otherwise specifically defined by
the Village.
B. REPRESENTATIVE
Designate a representative for the project who shall have the authority to transmit
instructions, receive information, interpret and define Village's requirements and make
decisions with respect to the Services. The Village representative for this Agreement will
be defined in writing, upon execution of this agreement, by the Director of Public Works
of the Village.
C. DECISIONS
The Village will make timely decisions on matters relating to the Services.
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•
PART III
COMPENSATION
A. COMPENSATION
•
For performance of our SCOPE OF WORK, our compensation will be the sum of the
following:
Design Phase $16,300
Bidding Phase 2,800
Construction Phase 14,600
Total $33,700
The compensation for each phase is approximate and may vary. However, CDI's total
compensation will not exceed $33,700.
1. Payment on an hourly basis for services rendered by employees working on the
Project. Hourly billing rates will be as defined in Exhibit A.
2. Payment for outside consulting and /or professional services such as geotechnical
performed by a Sub - consultant at actual invoice cost to CDI plus 10 percent for
administrative costs. We will obtain written Client approval before authorizing
these services.
3. Payment of in -house CADD use on behalf of the project at $15.00 per hour.
4. Payment for direct expenses incurred on behalf of the Project defined below at
actual cost to CDI plus 10 percent:
a. Long distance telephone charges.
b. Postage and express mailing costs.
C. Reproduction, photo developing, and photo printing costs.
d. Travel and subsistence for our personnel while away from our design or
field office on behalf of the Project.
e. Overtime premiums for non - managerial personnel equal to one -half of
their straight -time hourly wage rate.
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B. BILLING AND PAYMENT
1. Timing/Format
a. CDI shall invoice Village monthly for Services completed at the time of
billing. Such invoices shall be prepared in a form and supported by
documentation as Village may reasonably require.
b. Village shall pay CDI in accordance with the Illinois Prompt Payment Act.
2. Billing Records
CDI shall maintain accounting records of its costs in accordance with generally
accepted accounting practices. Access to such records will be provided during
normal business hours with reasonable notice during the term of this Agreement
and for 3 years after completion.
PART IV
STANDARD TERMS AND CONDITIONS
1. STANDARD OF CARE. Services shall be performed in accordance
with the standard of professional practice ordinarily exercised by the
applicable profession at the time and within the locality where the services
are performed. No warranty or guarantee, express or implied are provided,
including warranties or guarantees contained in any uniform commercial
code.
2. CHANGE OF SCOPE. The scope of Services set forth in this
Agreement is based on facts known at the time of execution of this
Agreement, including, if applicable, information supplied by CDI and
Village. CDI will promptly notify Village of any perceived changes of
scope in writing and the parties shall negotiate modifications to this
Agreement.
3. SAFETY. CDI shall establish and maintain programs and procedures
for the safety of its employees. CDI specifically disclaims any authority or
responsibility for general job site safety and safety of persons other than
CDI employees.
4. DELAYS. If events beyond the control of CDI, including, but not
limited to, fire, flood, explosion, riot, strike, war, process shutdown, act of
God or the public enemy, and act or regulation of any government agency,
result in delay to any schedule established in this Agreement, such schedule
shall be extended for a period equal to the delay. In the event such delay
exceeds 90 days, CDI shall be entitled to an equitable adjustment in
compensation.
In the event CDI is delayed by Village and such delay exceeds 30 days,
CDI shall be entitled to an extension of time equal to the delay and an
equitable adjustment in compensation.
5. TERMINATION /SUSPENSION. Either party may terminate this
Agreement upon 30 days written notice to the other party in the event of
substantial failure by the other party to perform in accordance with its
obligations under this Agreement through no fault of the terminating party.
Village shall pay CDI for all Services, including profit relating thereto,
rendered prior to termination, plus any expenses of termination.
CDI or Village, for purposes of convenience, may at any time by written
notice terminate the services under this Agreement. In the event of such
termination, CDI shall be paid for all authorized services rendered prior to
termination including reasonable profit and expenses relating thereto.
6. REUSE OF PROJECT DELIVERABLES. Reuse of any documents
or other deliverables, including electronic media, pertaining to the Project
by Village for any purpose other than that for which such documents or
deliverables were originally prepared, or alteration of such documents or
del iverables without written verificationor adaption by CDI for the specific
purpose intended, shall be at Village's sole risk.
7. OPINIONS OF CONSTRUCTION COST. Any opinion of
construction costs prepared by CDI is supplied for the general guidance of
the Village only. Since CDI has no control over competitive bidding or
market conditions, CDI cannot guarantee the accuracy of such opinions as
compared to contract bids or actual costs to Village.
8. RELATIONSHIP WITH CONTRACTORS. CDI shall serve as
Village's professional representative for the Services, and may make
recommendations to Village concerning actions relating to Village's
contractors, but CDI specifically disclaims any authority to direct or
supervise the means, methods, techniques, sequences or procedures of
construction selected buy Village's contractors.
9. MODIFICATION. This Agreement, upon execution by both parties
hereto, can be modified only by a written instrument signed by both parties.
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10. PROPRIETARY INFORMATION. Information relating to the
Project, unless in the public domain, shall be kept confidential by CDI and
shall not be made available to third parties without written consent of
Village, unless so required by court order.
11. INSURANCE. CDI will maintain insurance coverage for Professional,
Comprehensive General, Automobile, Worker's Compensation and
Employer's Liability in amounts in accordance with legal, and CDI
business, requirements. Certificates evidencing such coverage will be
provided to Village upon request. For projects involving construction,
Village agrees to require its construction contractor, if any, to include CDI
as an additional insured on its policies relating to the Project. CDI
coverages referenced above shall, in such case, be excess over contractor's
primary coverage.
12. INDEMNITIES. To the fullest extent permitted by law, CDI shall
indemnify and save harmless from and against loss, liability, and damages
sustained by Village, its agents, employees, and representatives by reason
of injury or death to persons or damage to tangible property to the extent
caused directly by the negligentacts, errors, or omissions of CDI, its agents
or employees.
13. LIMITATIONS OF LIABILITY. No employee or agent of CDI shall
have individual liability to Village. Village agrees that, to the fullest extent
permitted by law, CDI's total liability to Village for any and all injuries,
claims, losses, expenses or damages whatsoever arising out of or in any
way related to the Projector this Agreement from any causes including, but
not limited to, CDI's negligence, error, omissions, strict liability, or breach
of contract shall not exceed the total compensation received by CDI under
this Agreement. If Village desires a limit of liability greater than that
provided above, Village and CDI shall include in this Agreement the
amount of such limit and the additional compensationto be paid to CDI for
assumption of such additional risk.
14. ASSIGNMENT. The rights and obligations of this Agreement cannot
be assigned by either party without written permission of the other party.
This Agreement shall be binding upon and insure to the benefit of any
permitted assigns.
15. ACCESS. Village shall provide CDI safe access to any premises
necessary for CDI to provide the Services.
16. PREVAILING PARTY LITIGATION COSTS. ht the event any
actions are broughtto enforce this Agreement, the prevailing party shall be
entitled to collect its litigation costs from the other party.
17. NO WAIVER. No waiver by either party of any default by the other
party in the performance of any particular section of this Agreement shall
invalidate another section of this Agreement or operate as a waiver of any
future default, whether like or different in character.
18. SEVERABILITY. The various term, provisions and covenants herein
contained shall be deemed to be separate and severable, and the invalidity
or unenforceability of any of them shall not affect or impair the validity or
enforceability of the remainder.
19. AUTHORITY. The persons signing this Agreement warrant that they
have the authority to sign as, or on behalf of, the part for whom they are
signing.
20. STATUTE OF LIMITATION. To the fullestextend permitted by law,
parties agree that, except for claims for indemnification, the time period for
bringing claims under this Agreement shall expire one year after Project
completion.
PART V
DELIVERY OF ELECTRONIC FILES
In accepting and utilizing any drawings, reports and data on any form of electronic media generated
and furnished by CDI, Village agrees that all such electronic files are instruments of service of CDI,
who shall be deemed the author, and shall retain all common law, statutory law and other rights,
including copyrights.
Village agrees not to reuse these electronic files, in whole or in part, for any purpose other than
for the Project. Village further agrees not to transfer these electronic files to others without the
prior written consent of CDI. Village further agrees to waive all claims against CDI resulting in
any way from any unauthorized changes to or reuse of the electronic files for any other project by
anyone other than CDI.
Village and CDI agree that any electronic files furnished by either party shall conform to the
specifications. Any changes to the electronic specifications by either Village or CDI are subject
to review and acceptance by the other party. Additional services by CDI made necessary by
changes to the electronic file specifications shall be compensated for as Additional Services.
Electronic files furnished by either party shall be subject to an acceptance period of 10 days
during which the receiving party agrees to perform appropriate acceptance tests. The party
furnishing the electronic file shall correct any discrepancies or errors detected and reported
within the acceptance period. After the acceptance period, the electronic files shall be deemed to
be accepted and neither party shall have any obligation to correct errors or maintain electronic
files.
Village is aware that differences may exist between the electronic files delivered and the printed
hard -copy construction documents. In the event of a conflict between the signed construction
documents prepared by CDI and electronic files, the signed or sealed hard -copy construction
documents shall govern.
In addition, Village agrees, to the fullest extent permitted by law, to indemnify and hold harmless
CDI, its officers, directors, employees and subconsultants (collectively, Clark Dietz, Inc.) against
all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising
from any changes made by anyone other than CDI or from any reuse of the electronic files
without the prior written consent of CDI.
Under no circumstances shall delivery of electronic files for use by CDI be deemed a sale by CDI
and CDI makes no warranties, either express or implied, of merchantability and fitness for any
particular purpose. In no event shall CDI be liable for indirect or consequential damages as a
result of the Village's use or reuse of the electronic files.
wp\document\contract \011501 m l.doc
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EXHIBIT A
SCHEDULE OF GENERAL BILLING RATES
CLARK DIETZ, INC.
January 1, 2001
TITLE
Sr. Consultant
Project Director
Sr. Project Manager, Sr. Engineer
Project Manager, Sr. Staff Engineer
Staff Engineer, Reg. Land Surveyor, Const. Manager
Engineer III
Engineer I & II
CADD Supervisor, Sr. Designer
Technician IV
Technician III
Technician II
Technician I
Clerical
Notes
HOURLY RATE
160.00
140.00
120.00
105.00
85.00
75.00
65.00
95.00
80.00
70.00
60.00
50.00
50.00
The rates in this schedule will be reviewed and adjusted as necessary but not sooner than six months
after the date listed above. Rates include actual salaries or wages paid to employees of Clark Dietz plus
payroll taxes, FICA, Worker's Compensation insurance, other customary and mandatory benefits, and
overhead and profit.
Bluelines*
2406
$1.00 /sheet
30x40
$1.35 /sheet
EXHIBIT B
SCHEDULE OF JOB RELATED EXPENSES
$12.00 /sheet
CLARK DIETZ INC.
$18.00 /sheet
January 1, 2001
Vehicles
Autos
$0.35 /mile
Field Vehicles
$35.00 /day
Survey Van
$40.00 /day
CADD Usage
$15.00/hour
Fax
$1.50 /page
Regular Format Copies* (8.5 "xl l"
or 115lx17')
$0.10 /copy
Large Format Engineering Copies*
Paper Copies
$6.00 /copy
Vellum Copies
$10.50 /copy
Mylar Copies
$24.00 /copy
Stanpat*
8 1/2 x 11
$0.65 /sheet
11 x 17
$1.25 /sheet
Bluelines*
2406
$1.00 /sheet
30x40
$1.35 /sheet
Mylars*
2406
$12.00 /sheet
30x40
$18.00 /sheet
Sepias*
24x36 $4.20 /sheet
30x40 $6.30 /sheet
Hotels & Motels
Meals
Postage, Federal Express & UPS ) At Cost
Public Transportation )
Long Distance Telephone )
Film and Development )
Supplies )
Note: The rates in this schedule are subject to review and will be adjusted as necessary, but not sooner
than six months after the date listed above. Certain rates listed with * are for in -house runs.
Larger quantities sent outside are billed at cost.
Village of Buffalo Grove
Rehabilitation of Tennis Courts at Reservoir No. 7
Opinion of Probable Project Costs
January 23, 2001 _
Engineering:
Design Services:
Bidding Phase Services:
Construction Phase Services
Construction:
Miscellaneous Testing Services:
SUBTOTAL:
$ 16,300
$ 2,800
$ 14,600
$125,000 (1)
$ 2,000 (2)
Contingency (15% on construction for no design complete)
TOTAL - OPINION OF PROBABLE PROJECT COSTS:
NOTES:
$160,700
$179,700
(1) Based upon estimate for Nova Pro - Bounce System provided by Olson Bros. Recreational
Surfaces, Inc.
(2) Testing services are dependent upon the tennis court surface selected. Since the system
has not been selected, the testing requirements have not been determined. The $2,000
cost is provided for budgetary purposes only.
\\ clack— dietz\. cd_ champ_ sys .champaign.clark_dietz \data\scj \buffalo gove\tennis courts \opinion ofcostdoc