R-1173 - 04/10/2012 - AGREEMENT - Resolutions Supporting Documentsrunt c.r.a)
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 10, 2012
SUBJECT: Award of Contract - Professional Services Agreement for the Design of a New HVAC
System at Fire Station 2.
FROM: Rania Serences, Purchasing Clerk
BUDGET SOURCEBUDGET IMPACT: $17,845 from Account 421 -90400
RECOMMENDED MOTION: I move that the Village Board authorize the execution of a
Professional Services Agreement with Muber, Inc., for the Design of a new Heating Ventilation and
Air Conditioning (HVAC) System at Fire Station 2, in an amount not to exceed $17,845, subject to
staff and legal review, and approve Resolution R -1173, A Resolution Approving and Authorizing
the Execution of a Professional Services Agreement Relating to the Redesign of the HVAC System
at Fire Station 2 By and Between the Village of Oak Brook and Kluber, Inc.
Background/History:
The heating, ventilation, and air conditioning system (HVAC) at Fire Station 2 was originally installed in
1974. Since then minor components have been replaced with the major components (heating coils,
condenser) remaining in service. These major components are now unserviceable and need replacement.
Advances in technology have led to more efficient systems which produce cleaner air flows. Air quality
at Fire Station 2 has been an issue in the past, since crew sleeping quarters are near the apparatus floor.
From both energy efficiency and health standpoints, redesign of the entire HVAC system is prudent.
Kluber, Inc. has performed two mechanical consulting projects for the Village and has produced good
results.
Illinois Code (50 ILCS 510/8) provides for waiving the normal Quality Based Selection process for
Architectural/Engineering services for agreements of less than $25,000. Due to their demonstrated
performance and the critical health and welfare aspects of this project, I recommend waiving the Request
for Qualification process and awarding a Professional Service Agreement to Kluber, Inc. for design of a
new HVAC System at Fire Station 2 (see attached proposal).
Recommendation:
That the Village Board authorize the execution of a Professional Services Agreement with Kluber, Inc.,
for the Design of a new Heating Ventilation and Air Conditioning (HVAC) System at Fire Station 2, in an
amount not to exceed $17,845, subject to staff and legal review, and approve Resolution R -1 173.
1;
RESOLUTION 2012 -AG- HVAC -R -1173
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF
A PROFESSIONAL SERVICES AGREEMENT
RELATING TO THE REDESIGN OF THE HVAC SYSTEM AT FIRE STATION 2
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND KLUBER, INC.
WHEREAS, the heating, ventilation and air conditioning system ( "HVAC) at Fire Station 2,
located at 725 Enterprise Drive, Oak Brook, Illinois, originally was installed in 1974 (collectively, "1974
HVAC'); and
WHEREAS, the major components of the 1974 HVAC are in need of replacement; and
WHEREAS, the Village desires to retain an engineer to provide engineering design, consulting
and inspection services ( "Engineering Services ") to ensure that design and installation of a new HVAC
at Fire Station 2 is done properly and in a way that satisfies the Village's specifications; and
WHEREAS, Kluber, Inc. ( "Kluber") previously provided satisfactory mechanical consulting and
engineering services to the Village; and
WHEREAS, the Village and Kluber desire to enter into and execute an agreement for Kluber to
provide the Village with Engineering Services for an amount not to exceed $17,845.00 ( "Agreemenf');
and
WHEREAS, pursuant to the Local Government Professional Services Selection Act ( "Acf'), 50
ILCS 51010.01 et seq., and Section 1 -7-6 of the Village Code, the Village is not required to follow the
notice, evaluation, and selection procedures set forth in the Act for engineering services provided by
engineers that have a satisfactory relationship with the Village, or if the Village determines by resolution
that the cost of Engineering Services is expected to be less than $25,000.00; and
WHEREAS, pursuant to the Act and Section 1 -7-6 of the Village Code, the President and the
Board of Trustees have determined that the Village and Kluber have a satisfactory relationship and the
cost of Engineering Services is expected to be less than $25,000.00, and
WHEREAS, the President and Board of Trustees also have determined that it is in the best
interests of the Village to enter into the Agreement in a final form approved by the Village Manager and
the Village Attorney;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and Kluber.
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after
review and approval of the final form of the Agreement by the Village Manager and the Village Attorney.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
APPROVED THIS 10' day of April, 2012
PASSED THIS 10th day of April, 2012
Ayes:
Gopal G. Lalmalani
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk
2
Proposal for Professional Services
April 2, 2012
Darren C. Martens
Building and Grounds
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Re; Fire Station # 2 — HVAC System Upgrade
Kluber, Inc. Proposal No. 120329,01
Dear Mr. Martens:
Thank you for the opportunity to present this Proposal for Professional Services for the above
referenced Project. It Is our understanding that the Village of Oak Brook is contemplating a
replacement of the Fire Station #2 HVAC System located at 725 Enterprise Drive (Corner of Enterprise
and 22nd) in Oak Brook, Illinois .
OVERVIEW OF PROJECT SCOPE
This proposal contemplates the necessary design, bidding and construction administration services to
upgrade the central air conditioning system to include the usual and customary architectural,
mechanical, electrical and structural engineering design generally as discussed during our site tour on
March 20, 2012.
INITIAL INFORMATION
• The existing Interior air handling unit with Dx- cooling /hot water heating and exterior air
cooled condensing unit have exceeded their service life. Replacement is desired with a new
electric /gas roof top unit. The unit conditions the office and living spaces of the fire station.
Hot water reheat coils are located in the building ductwork branches to zone different areas of
the building. The ductwork does not have access to the coils for cleaning and maintenance.
New access doors upstream of the coils are to be provided with this project. A roof screen to
conceal the roof top unit is not part of this scope of work.
• The Cost of the Work is not established and will need to be established as soon as practical.
• The anticipated Project schedule is to perform design services within the 2012 fiscal year with
construction commencing within the 2013 fiscal year.
• The intended Project delivery method is a single contract for General Construction
• The Owner's representative for the Project will be Darren Martens .
• Kluber, Inc.'s representative for the Project will be Donald Ware.
The foregoing is based on a meeting between Kluber representatives and the Village of Oak Brook
representatives on Tuesday, March 20.
i
BASIC SERVICES
Kluber, Inc. proposes to provide usual and customary architectural and engineering Basic Services for
the Project as set forth in the standardized AIA 8101 — 2007 Standard Form of Agreement between
Owner and Architect (as modified by the attached Terms and Conditions), and in accordance with the
general understandings applicable to our relationship with you, with limitations as follows:
rop R, INC.
Propos K l u b je 6
Pal for Professional Services
Arobiteots + Engineers
Proposal for Professional Services
• Construction Documents Phase
• Bidding & Negotiation Phase
• Construction Administration Phase
COMPENSATION
Kluber, Inc. proposes to provide the Basic Services described above on a lump sum basis as indicated
below:
Basic Services:
Construction Document ................... ............................... $9,675.00
Bidding........................................ ............................... $1,720.00
Construction Administration ............. ............................... $6,450.00
Total Basic Services Fee: .............. $17,845.00
Compensation for Basic and Additional Services does not include the services of other independent
professionals, associates, or other consultants. If they are required, our fee will be increased by the
direct costs of those services multiplied by a factor of 1.15 for overhead, coordination and
management of the delivery of those services.
Our billing for Services will be based on progress of the work performed as assessed by Klubet's
designated project manager.
Reimbursable Expenses incurred in connection with our services will be charged on the basis of cost,
without additional markup. Anticipated reimbursable expenses for this project include mileage,
expedited courier services, printing and plaiting, document reproduction, premiums for professional
liability insurance in excess of usual and customary coverage and models, , and are anticipated not to
exceed $250 (Two Hundred and Fifty Dollars),.
Changes in services, when authorized, will be charged on an hourly rate as scheduled hereafter and
amended annually in accordance with our hourly rate schedule (2012):
Staff
Hourly Rate
Principal...........................................
............................... $225.00
Project Mechanical Engineer ...............
............................... $165.00
Project Electrical Engineer ...................
............................... $165.00
Project Structural Engineer ..................
............................... $165.00
Project Architect ........ ...............................
........................ $135.00
Interior Design ..................................
............................... $115.00
EngineeringIntern .............................
............................... $115.00
Plumbing Designer ............................
............................... $105.00
Architectural Inlern ...............................
............................... $95.00
ConstructionObserver .........................
............................... $95.00
Senior Project Coordinator ...................
............................... $75.00
KILUBER, INC.
Proposal for P rolessionol Services s l u b e r
Archtteots + Englneere
Proposal for Professional Services
Project Coordinator ............................. ............................... $55.00
Limitation of Liability: to the fullest extent permissible by law, Kluber, Inc. limits its liability, to include
defense costs such as attorney's fees, for any reason to an amount no greater than two times fee,
excluding reimbursable expenses.
TIMING
All services contemplated within this proposal shall be completed within the lime frames established by
the Owner and agreed to by Architect after the acceptance date. Services performed after closure of
that window will be billed hourly in accordance with the rates set forth above.
FINAL NOTE
If this proposal satisfactorily sets forth your understanding of our agreement, we would appreciate
your authorization to proceed with this Work. We are available to discuss any aspect of this proposal
with you at your convenience.
Kluber, Inc. appreciates the interest expressed in our firm and we look forward to serving your needs
in the future.
Sincerely,
Lo "'V 0
Donald D. Ware Jr. Accepted (Signature) Date
Partner
KLUBER, INC.
By (printed name and title)
Confidentiality Notice:
The contents of this proposal are confidential and may not be dishibuled to persons oiher than Village of Oak Brook.
KLUBER, INC, K l � u fi b e r
Proposal (orProfesslonal Services �j
Archneots + Engineers
Proposal for Professional Services
TERMS AND CONDITIONS
The terms and conditions of this Proposal for Professional Services (the Proposal) are as set forth In
AIA Document 8101 — 2007 Standard Form of Agreement Between Owner and Architect, with the
following modifications:
ARTICLE I INITIAL INFORMATION
Delelo § 1.1 and § 1.2 In their entireties. Refer, instead, to tine Proposal for Overview Of Project Scope and Initial Information upon which the
Agreement is based.
ARTICLE ARCHITECT'S RESPONSIBILITIES
Alter §2.2, add §2.2.1, §2.2.1,1 and § 2.2.1.2 as follows:
"§ 2.2.1 It is recognized by the Omar and Architect that no set of contract documents is error or omission free. he light of this fact, the
Owner and Architect agree that:
§2.2.1.1 If errors and/or omissions flint are the fault of the Architect in the Project are delected in the Contract Documents before the work
Is in place, the cost of any redesign required to incorporate the Item or feature omitted or to correct the error shall be home by the Architect.
The cost to chmsge the Contract Documents shall be ties limit of the Architect's liability. Any additional construction costs in this instance
resulting from the Inclusion of die omilled item or feature shall be bome by the Owner.
§ 2.2.1.2 If errors in the Project are detected in the Contract Documents after bidding, and If revision, removal or replacement of a portion
of the work Is required, (hen the Architect shall bear the cost of any redesign required for this revision, removal and/or replacement.
However, if the replacement item is of higher value than %vital was removed, tire difference in value shall be bone by Ilse Owner as it adds
betterment to Ilia Project."
§2.5.1 After "Oeraml Liability', add '11,000,000 per claim; $2,000,000 aggregate"
§2.5.2 Alter "Au(oembilc Liability ", add 11,000,000"
§2.5.3 After "Workers'Compessation ", add "$1,000,000"
§2.5.4 After "Professional Liability', add "2, 000,000 per claim; $2,000,000 aggregate"
Alter § 25.4 add § 2.6 mud § 2.6.1 as follows:
"§ 2.6 Tire LEED Green Building Rating System and other similar environmental guidelines (collectively "LEED ") utilize certain design
and usability recommendations on a project In order to promote an envlmnrusentai friendly and energy efficient facility. In addressing these
guidelines, the Architect shall perform its services in accordance with that degree of skill and care ordinarily exercised by similarly situated
members of the Architect's profession involved In the design of similar projects in the same locate as the Project. The Owner acknowledges
and understands, however, that LEED is subject to various and possibly contradictory interpretation, Furthermore. compliance may involve
factors beyond the control of the Architect Including. bill not limited lo, the Owners' use and operation of the completed project. Nothing in
this Agreement shall create any obligation or warmnly on the part of the Architect or any consultant serving hereunder that the Project: 1)
shall obtain a LEED certification; or 2) shall, alter construction perform, as a low-energy, efficient design structure. Services relating to
LEED administration and documentation shall be an additional service."
§ 2.6.1 Architect shall use reasonable care consistent with the foregoing standard in interpreting and designing in accordance with LEED.
Architect shall not be responsible for the Comractar's or Construction Manager's failure to adhere to the Contract Documents and any
applicable laws, miles and regulations incorporated (herein, nor for any changes to Ilia design made by the Owner without the direct
pamiclpadme mud %vrilten approval of the Architect. Likewise, Ilia Architect shall not be responsible for any environmental or energy issues
arising out of the Osmer's use sold operation of Ilia completed project."
ART1CLE3 SCOPE OF ARCHITECT'S BASIC SERVICES
At the end of § 3.1.2, append (he following: "Architect represents that all work will be perfomred in accordance with the Illinois Architecture
Practice Act, current edition and nil ales and regulations promulgated thereunder."
Alter § 3.4.5, add § 3.4.6 and § 3.4.7 as follows:
" §3.4.0 The Architect shall afford the Owner, and its counsel, tine opportunity to review and comment upon the instructions to bidder,
bidding formes, bidding requirements, and supplementary conditions in sufficient time to permit any changes deemed necessary by Owner
prior to their being published and available to lire bidding public.
§ 3.4.7 Notwithstanding anything to (lie contrary contained in this Agreement, the Owner's review and acceptance (or approval) of any
and ell docnnseuls or other mailers required herein shall be for the sole purpose of furnishing the Architect with information as to Owner's
objectives and goals with respect to the Project. Such review and acceptance (or approval) shall not be for determining the propriety,
accuracy or completeness of lice Architect's wok; shall not create any liability on the pan of the Owner for errors, omissions or
Inconsistencies or other fault in the Architect's work"
Delete § 3.5.3.1 in its entirely.
Delete § 3.5.3.2 in its entirely.
he § 3.6. Lt delete "Contractor" in Ilse first entrance and replace with "Contractor or Construction Manager, as applicable, ".
In § 3.6.2.2 after "Contractor, in Ilia third sentence, add" Construction Manager ,".
ARTICLE4 ADDITIONAL SERVICES
Delete § 4.1 and § 4.2 In (heir entireties. Refer, instead, to ltw Proposed for a list of Additional Services contemplated and Indications of which
Additional Services for the Project will be provided by the Architect and die method ofcompensalton for each.
Retain § 4.3, it 4.3.1 and it 4.3.2 [contingent Additional Services) in their cnlircties.
Delete § 4.3.3 in its entirety. Refer instead to the Proposal for the limits of Construction ?flow Basic Services.
KL WC, l U b e 1
Proposaposal l for Professional Services
Arohileots + Engineers
Proposal for Professional Services
ARTICLE 7 COPYRIGHTS AND LICENSES
After § 72, add § 72.1 as follows:
"§ 7.2.1 Architect hereby giants Owner a nonexclusive, worldwide right and license to use, reproduce, adapt, alter, add to, distribute,
display, sell, maintain, operate, create, contract and destroy the Pro)cc6 for the Atli term of copyright. Architecl further states that shalt
not design a building for a third parry that is the same as, or substantially similar to the Project."
§7.3 Revise the first sentence to read: "Upon execution of this Agreement, the Architect grants to tie Oliver nonexelwlve, worldwide right and
license to use, reproduce, adapt, niter, add lo, distribute, and display the Consulting Architect's Instruments of Service solely and
exclusively for purposes of constructing, using, maintaining, altering, operating, creating, destroying and adding to lire Project for the frill
lent of copyright, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under
Ibis Agreemenl."
ARTICLE 8 CLAIMS AND DISPUTES
Delete § 8.2.1 and replace with We following:
"§ 8.2.1 The parties agree to make every effort to resolve disputes between themselves In good faith. Where Ihey agree it would be helpful,
the parties agree to use the services of one or more Mediators recognized by the Circuit Court for the Sixteenth Judicial Circuit, Kane
Comely, Illinois, swills Ilse costs of suds service being paid equally by both parties."
Delete § 8.2.2 and replace with the following:
"§ 8.2.2 Where differences wise between Ile pontes which cannot be resolved between them or with the assistance of mediation as
described in 8.2.1 above, then Ibe matter will be resolved through litigation in the Circuit Court for the Sixteenth Judicial Circuit, Kane
County, Illinois. The prevailing party shall be entitled to recover its costs, including expert witness fees and reasonable attorney fees."
Check box in § 8.2A, indicalin$ option for [Litigation in a court of competent jurisdiction) is selected.
Delete § 8.3 [Arbluntion) in Its entirely.
ARTICLE 10 MISCELLANEOUS PROVISIONS
After § 10.8 add § 10.9, § 10.10 and § 10.10.1 as follows:
" §10.0 The Owner acknowledges that lice Architect is a corporation mid agrees that any claim made by The Owner arising out orally act or
omission of any director, officer or of the employee of the Architect, In the execution of perfomnancc of this Agreement, shall be made
against the Architect mid not agaimt such director, omcer or employee.
§10.10 To the extent the following applies, Architect shall comply with all federal, loans and local laws, rules and regulations applicable to
[lie work including without limitation all building codes, the Americans with Disabilities Act, the requirements of [lie Equal Employment
Opportunity Clause of the Illinois Human Rights Act, (775 ILCS 52 -105), The rules and regulations of the Illinois Department of Human
Rights, The Public Works Employhncnt Discrimination Act (775 ILLS 5 /10 et. scq.), slid all laws and regulations pertaining to occupational
and work safety. The Archileci's signature on this document herein certifies that it had a sexual harassment policy in affect which complies
with 775 ILCS 52- 105. Architect makes no warranties, express or implied.
§10.10.1 In the event of the Architect's non - compliance with the provisions of the foregoing Equal Employment Opportunity Clouse, the
Illinois Hannan Rights Act, or the Pales and regulations of the Illinois Department of Human Rights, life Architect may be declared ineligible
for future contracts or subcontracts; and this Agreement may be canceled and volded In whole min part and such other sanctions or other
penalties may be imposed as provided by stable or regulation. However, any forbearance or delay by the Owner in canceling this contract
shall not be constituted as and does not constitute the Owner's consent to such a violation or the Owner's waiver of any rights it may have."
ARTICLE I I COMPENSATION
Delete § 11.1 duough § 11.9 in lhelr entireties. Refer, instead, to The Proposal for terns ofcompeasalioo for services and reimbursable expenses.
Delete § 11.10.1 [initial payment].
Delete § 11.10.2 and replace with the following:
"§ 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services perromned. Payments am due
and payable upon presentation of the Architect's invoice, but in the event no later than as required by statute for govermnenel entities."
ARTICLE 13 SCOPE OF THE AGREEMENT
Delete § 13.2.2 [Digital Data Protocol Exhibit].
Under § 13.2.3 [documents wnending the Agreement] add the following:
"Kiuber, Inc. Proposal for Professional Services as attached to these Terns and Conditions."
KLUBER, INC.
Proposal for Professional Services
Kluber
Architects + Entineere