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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. 1 Pi APPROVED FOR VILLAGE: VILLAGE OF BUFFALO GROVE BY: W&. t Village Manager ATTEST: . Vil e Clerk DATE: Yt�3to l —L APPROVALS A57 01 .7 I A, Va, exi • 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 3 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. M 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. 31 • 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. 7 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. X 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 10 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